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HomeMy WebLinkAboutMinutes 09-05-1989 CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 1989 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on September 5, 1989, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 7 : 30 P.M. by Mayor Joy Salamone. Pledge of Allegiance was led by Mayor Salamone. The roll was called by the City Clerk. Officials present were Mayor Joy Salamone, Mayor Pro Tem Robert Hoog and Council Members Jeff Kidd, Rocky Randels and Ann Thurm. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac, and City Clerk, Jan Leeser. Mr. Hoog moved to forego the reading of the minutes of the Reg- ular Meeting of August 15, 1989. Mr. Randels seconded motion. Motion carried unanimously. At this time Mayor Salamone presented the "Volunteer of the Month Award" to Ernestine Butte for her services on the Library Board. Mayor Salamone read Proclamations proclaiming Constitution Week and Florida Native Plant Appreciation Month. Mayor Salamone advised that Brevard County Commission Chairman, Roger Dobson, was in attendance and wished to address the Council. She questioned if there were any objections to Commis- sioner Dobson addressing the Council at this time. There being none, Mr . Dobson briefed the Council on the proposed interlocal agreement for the distribution of the one-cent tax, if the refer- endum issue should pass in November. Mr. Dobson pointed out that the purpose of the interlocal agreement was to establish the revenue distribution formula and that the question would be on the ballot in November regardless if the City approved the agreement or not. Discussion followed. Mr. Nicholas advised that this item could be an add-on item. PUBLIC HEARINGS 1 . Resolution No. 89-45 Adopting Tentative Proposed Millage Rate A RESOLUTION ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1989 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mr. Kidd seconded motion. Mr. Nicholas advised that the proposed millage rate was a decrease over last year ' s rate but it would fund all budgeted items. There being no discussion from citizens in the audience, Mayor Salamone re- quested that the question be called. Vote on the motion was unanimous . Resolution No. 89-45 was adopted. 2. Resolution No. 89-46 Adopting Tentative Annual Budget for FY 1989-90 A RESOLUTION ADOPTING THE TENTATIVE ANNUAL GENERAL FUND, SEWER FUND, SPECIAL REVENUE FUNDS AND DEBT SERVICE BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1 , 1989 AND ENDING SEPTEMBER 30, 1990; PROVIDING AN EFFECTIVE DATE. CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 1989 PAGE 1 OF 4 Mayor Salamone read the title of the Resolution. Mr. Nicholas advised that the auditor had recommended the budget be adopted to reflect the actual amount of the proposed contract with the Brevard County Sheriff, even though there would be $30 ,000.00 cash forward from this year 's contract. He explained the figures that would need to be changed to reflect the actual con- tract amount of $633, 197 . 00. Mr. Kidd moved to adopt Resolution No. 89-46 with the amended figures as presented by the City Manager. Mr. Randels seconded motion. Mr . Randels noted that this would leave the City with a contingency amount of only $1 ,423 .00. There being no discussion from citizens in the audience, Mayor Salamone requested that the question be called. Vote on the motion was unanimous. Resolution No. 89-46 was adopted. 3. Ordinance No. 11-89 Amending Code Section 231 . 01 , The Council, by Establishing Procedures for filling Seats for Unexpired Terms (First Reading and Public Hearing) AN ORDINANCE AMENDING SECTION 231 .01 , THE COUNCIL, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN AT LARGE ELECTION OF A VACANCY IN AN ELECTED OFFICE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Randels moved to approve first reading. Mr. Kidd seconded motion. Mr . Theriac explained that because of the resignation of Steve Miller, it was incumbent upon the Council to adopt procedures for filling unexpired terms. He advised that the proposed Ordinance would designate the two highest vote getters to serve the three-year terms. Discussion followed. Vote on the motion was unanimous. Ordinance No. 11-89 was ap- proved on first reading. 4. Ordinance No. 12-89 Amending the Zoning Regulations by allowing Car Washes in a C-1 Zone by Special Exception (First Reading and Public Hearing) AN ORDINANCE AMENDING SECTION 637 .51 , "C-1 SPECIAL EXCEP- TIONS PERMISSIBLE BY BOARD OF ADJUSTMENT" OF THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY ALLOWING CAR WASHES IN A C-1 ZONE BY SPECIAL EXCEPTION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Ordinance. Mr. Hoog moved to approve first reading. Mr. Kidd seconded motion. Mr. Randels spoke in favor of the proposed ordinance and noted it had been recommended by the Planning and Zoning Board. Vote on the motion was unanimous. Ordinance No. 12-89 was ap- proved on first reading. NEW BUSINESS 1 . Resolution No. 89-49 Agreement with City Manager Leo Nicholas A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH CITY MANAGER, LEO C. NICHOLAS; PROVIDING AN EFFECTIVE DATE . CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 1989 PAGE 2 OF 4 Mayor Salamone read the title of the Resolution. Mr. Kidd moved to adopt the Resolution with a four months severance clause and a monthly salary of $2, 650.00 in the contract. Motion died for lack of a second. 2. Resolution No. 89-43 Agreement with Brevard County for Police Services A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BREVARD COUNTY SHERIFF' S DEPARTMENT TO PROVIDE MUNICIPAL POLICE SERVICES TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Randels moved for adoption. Mrs. Thurm seconded the motion. Mr . Nicholas advised that it appeared the sheriff was providing the necessary number of deputies needed to maintain the level of service specified in the contract. It was noted that the contract amount was $633 , 197 .00 . Discussion followed. Vote on the motion was unanimous. Resolution No. 89-43 was adopted. 3 . Resolution No. 89-44 Agreement with James Theriac for Legal Services A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA TO ENTER INTO AN AGREEMENT WITH JAMES S. THERIAC III TO PRO- VIDE LEGAL SERVICE TO THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr . Kidd moved for adoption. Mrs . Thurm seconded motion. Mr. Theriac pointed out that the contract was the same as in previous years, at the same dollar amount of $36, 000 .00. He also requested that Mr. Mitch Goldman be appointed to serve as an additional deputy attorney. Vote on the motion was unanimous. Resolution No. 89-44 was adopted. 4 . Resolution No. 89-47 Assigning Area of Interest to Council Member Ann Thurm A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, ASSIGNING AREA OF PRIMARY INTEREST TO COUNCIL MEMBER ANN THURM; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Kidd moved for adoption. Mr. Hoog seconded motion. Motion carried unani- mously. Mrs . Thurm was designated the following areas of [10 interest: water service, health and sanitation inspector, gar- bage, roads, Building Official and Wastewater Treatment Plant. 5. Resolution No. 89-48 Reappointment of Planning and Zoning Board members A RESOLUTION REAPPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Hoog moved for adoption. Mrs. Thurm seconded the motion. Motion carried unanimously. Mr . Lamar Russell and Mr. Art Berger were reap- pointed to the Board. CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 1989 PAGE 3 OF 4 6 . Motion Re: Scheduling Special Council Meeting for September 14, 1989 for Adoption of Ordinance No. 11-89 Mr. Randels so moved. Mr . Hoog seconded motion. Motion carried unanimously. Mr. Kidd noted he would be out of town the date of the meeting. ADD-ON ITEM Mrs. Thurm moved to add the following item to the agenda. Mr. Kidd seconded motion. Motion carried unanimously. Mayor Salamone called for a five-minute recess to allow the attorney time to prepare the resolution. The meeting was reconvened at lo 8: 30 P.M. 7 . Resolution - Interlocal Agreement with Brevard County for Sharing of A One Percent ( 1 %) Discretionary Infrastructure Sales Tax if Passed by Referendum Election A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR SHARING OF A ONE PERCENT ( 1 % ) DISCRETIONARY INFRASTRUCTURE SALES TAX IF PASSED BY REFERENDUM ELECTION; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mrs. Thurm moved for adoption. Mr. Kidd seconded the motion. Motion carried unanimously. DISCUSSION Mr. Nicholas noted that a local businessman was using the City's logo on his personal letterhead. Mrs. Leeser noted that this problem had been going on since 1985 when she brought it to the attention of the State of Florida, where the City Seal is registered. She noted that the State advised at that time that they were not a policing agency and could do nothing about it. Mr. Theriac will research the matter. Mr. Theriac noted that he would be drafting an Ordinance de- leting the section of the City Charter which requires a two year residency requirement for a City Council Member since it is un- constitutional. Discussion followed. Mr. Randels reported on a seminar he and Mr. Nicholas had attended on Stormwater Management. County Commissioner Dobson reported on the status of Brevard County' s stormwater manage- ment. There being no further business, the meeting was adjourned at 8:52 P.M. Approved this 19th day of September , 1989 . M• ;or, sly. C . y---Clerk CITY COUNCIL REGULAR MEETING SEPTEMBER 5, 1989 PAGE 4 OF 4