HomeMy WebLinkAboutMinutes 10-03-1989 CITY COUNCIL
REGULAR MEETING
OCTOBER 3, 1989
A Regular Meeting of the City Council of the City of Cape
Canaveral, Florida was held on October 3, 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 Deputy 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
Deputy City Clerk, Angel Taylor.
Mr. Hoog moved to approve the minutes of the Special Meeting of
September 14, 1989 and Regular Meeting of September 19, 1989 .
Mr. Randels seconded motion. Motion carried unanimously.
UNFINISHED BUSINESS
1 . Ordinance No. 13-89 Amending Code Chapter 701 , Animals Con-
trolled by Prohibiting Bees and Beehives ( Second Reading and
Public Hearing)
AN ORDINANCE AMENDING CHAPTER 701 , "ANIMALS CONTROLLED" , OF
THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, BY ESTABLISHING SECTION 701 .06,
BEES AND BEEHIVES PROHIBITED; REPEALING ALL PORTIONS OF THE
CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Mayor Salamone read the title of the Ordinance. Mr. Kidd moved
for adoption. Mrs. Thurm seconded the motion. There being no
discussion, Mayor Salamone requested the question be called.
Vote on the motion was unanimous. Ordinance No. 13-89 was adopt-
ed.
2 . Motion Re: Recycling Plan Implementation
Mr. Nicholas explained that the Council needed to authorize the
expenditure of monies for the educational process of imple-
menting the Recycling Plan. He further noted the grant monies
the City was scheduled to receive was $9 , 300 .00. Discussion
followed.
Mr. Nicholas reported that he had met with representatives of
Keep Brevard Beautiful and that they would go to the schools and
coordinate the poster contests for $2,000 .00 - $3,000 .00. Mr.
Hoog noted that Mr. Jim Gillean of Western Waste would handle
all the education of the recycling program for 20% of the grant
money. Discussion continued.
Mr. Randels moved to authorize Western Waste to implement the
recycling plan and the expenditure of funds from the Grant
monies for the education in the amount of $1 , 860 .00. Seconded
by Mr . Kidd. Motion carried unanimously.
NEW BUSINESS
1 . Ordinance No. 14-89 Amending City Charter Article III,
Section 1 , Qualifications of Mayor and Councilmen (First
Reading and Public Hearing)
AN ORDINANCE DELETING FROM ARTICLE III , SECTION 1 , OF THE
CAPE CANAVERAL CHARTER, THE REQUIREMENTS THAT THE MAYOR AND
MEMBERS OF THE CITY COUNCIL BE FREEHOLDERS WITHIN THE CITY
CITY COUNCIL REGULAR MEETING
OCTOBER 3 , 1989
PAGE 1 OF 4
AND REQUIRING THEM TO BE RESIDENTS OF THE CITY FOR A PERIOD
OF TWO YEARS IMMEDIATELY PRECEDING THE ELECTION; REPEALING
ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE.
Mayor Salamone read the title of the Ordinance. Mr. Theriac
explained the proposed Ordinance would bring the City into com-
pliance with the State Statutes. Mr. Randels moved to approve
first reading. Mr. Kidd seconded the motion. Discussion fol-
lowed. Vote on the motion was unanimous.
2 . Ordinance No. 15-89 Adopting Revised Personnel Policy and
EW Wage and Salary Plan ( First Reading and Public Hearing)
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING CHAPTER 351 , "PERSONNEL POLICY" OF THE CODE OF ORDI-
NANCES; REPEALING THE CHAPTER IN ITS ENTIRETY AND REPLACING
WITH A NEW CHAPTER; ADOPTING A REVISED WAGE AND SALARY PLAN;
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. Mrs . Thurm seconded motion. Mr.
Randels questioned the combination of some of the job classifi-
cations in the Proposed Wage and Salary Plan. Mr. Randels
further suggested that a committee of citizens-at-large be
formed to make comparison studies. Mr. Nicholas advised that
the Proposed Wage and Salary Plan was derived from studies of
the Florida League of Cities and other Brevard County munici-
palities . Mr. Hoog and Mr. Kidd spoke in favor of the Proposed
Plan. Discussion followed.
Mayor Salamone requested that Mr . Theriac report on Section
18. 03(G) of the Proposed Personnel Policy which requires em-
ployees to secure permission for outside employment. Mr.
Theriac advised that the City cannot restrict the employees '
right to work outside the City; however, the City may restrict,
to some extent, what City employees do and can request permis-
sion be secured for outside employment . Discussion continued.
Mayor Salamone stated that she could not support this section of
the Proposed Personnel Policy.
Vote on the motion on the floor for approval of Ordinance No.
15-89 on First Reading was as follows: In favor, Mr. Hoog, Mr.
Kidd, Mr . Randels and Mrs. Thurm; Opposed, Mayor Salamone.
Motion carried.
3. Ordinance No. 16-89 Amending Chapter 673, Garbage and Trash
Removal to Provide for Ownership of Garbage and Trash to be
Vested in the City ( First Reading and Public Hearing
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING CHAPTER 673, GARBAGE AND TRASH REMOVAL, TO
PROVIDE FOR OWNERSHIP OF GARBAGE AND TRASH TO BE VESTED IN
THE CITY; PROVIDING UNAUTHORIZED COLLECTION; PROVIDING AN
EFFECTIVE DATE.
Mayor Salamone read the title of the Ordinance. Mr. Theriac
explained that the Ordinance as written would prevent the Law
Enforcement agencies to work in their official capacity and sug-
gested changing the Ordinance to provide an exemption for law
enforcement personnel. He reviewed the changes necessary to
accomplish this . Discussion followed.
Mr. Kidd moved to approve First Reading of Ordinance No. 16-89,
with the proposed changes suggested by the City Attorney. Mrs .
Thurm seconded the motion. Motion carried unanimously.
CITY COUNCIL REGULAR MEETING
OCTOBER 3, 1989
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4. Motion Re: Authorizing Briley Wild Engineers to prepare
Ordinance for Land Management Regulations
Mr. Randels so moved. Mr. Kidd seconded the motion. Discussion
followed. Vote on the motion was unanimous . Briley, Wild and
Associates were authorized to prepare the Land Development Regu-
lations for a fee of $8, 500 . 00.
5. Motion Re: Engineering Services for Phase III, Sewage
System Improvements and Advertising for Bids
Mrs . Thurm so moved. Motion was seconded by Mr. Hoog. Discus-
sion followed. Vote on the motion was unanimous. Engineering
Services, with a total amount not to exceed $13, 400.00, were
approved.
6. Motion Re: Advertising for Bids - Lab Cabinets at WWTP
Mrs. Thurm so moved. Motion seconded by Mr. Hoog. Discussion
followed. Vote on the motion was unanimous.
7 . Motion Re: Compensation for Benefits for City Manager
Mr. Kidd made a motion that the City give the City Manager a
merit bonus in the amount of $6, 450. 23. Motion was seconded by
Mr. Hoog. Discussion followed. Vote on the motion was as
follows: For, Mr. Kidd; Opposed, Mr. Hoog, Mr. Randels, Mrs.
Thurm and Mayor Salamone. Motion failed.
Mr. Hoog moved to give the City Manager $2, 080 .00 for each year
of service with the City for a total amount of $5 ,200 .00.
Motion was seconded by Mr. Kidd. Discussion followed. Vote on
the motion was as follows: In favor, Mr. Hoog, Mr. Kidd and Mr .
Randels; Opposed, Mayor Salamone and Mrs . Thurm. Motion
carried. Mr. Nicholas thanked the members of Council for their
consideration.
DISCUSSION
Mr. Nicholas reported on the League of Cities meeting which was
held on October 2, 1989. He noted that names were drawn for the
exchange of Christmas gifts and the City had drawn the name of
Melbourne Beach. He further noted that a slate of officers had
been submitted for the next term of office.
Mr. Nicholas also reported on the objections DCA had with the
Comprehensive Plan; the status of the Sand Source Study; and the
News Release published by Emergency Management regarding the
Galileo Launch.
Mr. Theriac cautioned the Council Members not to get involved
with employees of the City on a day-to-day basis because it
could result in legal action.
At the request of Mr. Hoog, Mr. Nicholas gave a report on the
status of the Beautification Projects.
Mr. Randels asked the status of the purchase of additional land
for Cheri Down Park. Mr. Nicholas reported he had met with Gwen
Heller of the County who requested a 20 or 25 percent contri-
bution by the City, which was a reduction from the original 50
percent previously requested. He stated that they had also dis-
cussed the possibility of other funding sources.
CITY COUNCIL REGULAR MEETING
OCTOBER 3 , 1989
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There being no further business, the meeting was adjourned at
9:45 P.M.
Approved this 17th day of October , 1989.
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CITY COUNCIL REGULAR MEETING
OCTOBER 3, 1989
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