HomeMy WebLinkAboutMinutes 11-21-1989 CITY COUNCIL
REGULAR MEETING
NOVEMBER 21 , 1989
A Regular Meeting of the City Council of the City of Cape
Canaveral, Florida was held on November 21 , 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 approve the minutes of the Regular Meeting of
November 9 , 1989. Mr. Kidd seconded motion. Motion carried
unanimously.
UNFINISHED BUSINESS
1 . Resolution No. 89-68 Plat Approval, San Tomas Villas, Phase
III, Lots 9, 10 & 11 (Replat of Lots 7 & 8) , Block 7, Avon-
by-the-Sea - ( 123-127 Adams Avenue) - Thomas Quinn
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA APPROV-
ING THE PLAT OF "SAN TOMAS VILLAS, PHASE III" ; AUTHORIZING
THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING
AN EFFECTIVE DATE.
Mayor Salamone read the title of the Resolution. Mr. Randels
moved for adoption. Mr. Kidd seconded motion. Mr. Hoog noted
he would have to abstain from voting on this item because of a
conflict due to financial interest. Vote on the motion was unan-
imous with Mr. Hoog abstaining. Resolution No. 89-68 was
adopted.
At this time, Mayor Salamone presented plaques to both Mr. Kidd
and Mr. Hoog expressing the City's gratitude for their years of
service on the Council.
NEW BUSINESS
1 . Oath of Office for New Council Members
City Attorney Theriac administered the Oath of Office to Mr. Don
Arabian, Mr. John Porter and Mrs. Ann Thurm. The new Council
Members then assumed their Chairs.
11* 2 . Resolution No. 89-72 Electing Mayor Pro Tem
A RESOLUTION ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE.
Mayor Salamone read the title of the Resolution. Mayor Salamone
moved to adopt Resolution No. 89-72 and appoint Ann Thurm as
Mayor Pro Tem. Mr . Porter seconded the motion. Vote on the
motion was unanimous.
3 . Motion Re: Scheduling Executive Session for Union Contract
Negotiations
Mr. Nicholas advised that the City Council needed to schedule an
executive session to discuss the union contract negotiations.
CITY COUNCIL REGULAR MEETING
NOVEMBER 21 , 1989
PAGE 1 OF 2
He further noted that the Executive Session would not be open to
the public.
Mr. Randels moved to hold the Executive Session on December 28th
at 6: 00 P.M. in the City Manager ' s Office. Mr. Arabian seconded
motion. Motion carried unanimously.
4 . Discussion Re: City Attorney, James Theriac, Information for
New Council Members
Mr. Theriac reviewed the contents of the informational letter
which is attached hereto and made a part hereof by reference.
He also discussed the City Attorney' s relationship with the City
lw Council.
DISCUSSION
Mr. Randels discussed the Library circulation; the status of the
new dune crossovers and the acquisition of additional land at t
Cheri Down Park.
i
Mr. Porter thanked his supporters. Mr. Arabian advised that
some of his priorities while serving on the Council were going
to be revising the City Charter, purchasing additional property
for parks, and storm water management.
There being no further business, the meeting was adjourned at
8: 13 P.M.
Approved this 5th day of December , 1989 .
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CITY COUNCIL REGULAR MEETING
NOVEMBER 21 , 1989
PAGE 2 OF 2
. FORM 86 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
I.Asr N ME—I IRST NAME— IIDDLL' NAME NAN ' O��K�/T J��vCOMMISSION.QI��C/ ��/c��l TEL•
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MAILING ADDRESS THE BOARD, COUNCIL,COMMISSION, AUTHORITY,OR COMMITTEE ON
/D 7 ^ pr(._� P�/ WHICH I SERVE IS A UNIT OF:
(/�"f✓ I i CITY COUNTY i I OTHER LOCAL AGENCY
CIT ! COUNTY
(/ / A�� (,/^V€r / A &- NAME OF POLITICAL SUBDIVISION:
DATE/yOYN \\VHICI(1 VOTE OCCCU"RRED / (i��
MY POSITION IS:
//— Z---/ ._82 ELECTIVE APPOINTIVE
WHO MUST FILE FORM 86
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council,commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes. The requirements of this law are mandatory; although
the use of this particular form is not required by law, you are encouraged to use it in making the disclosure required by law.
Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
ELECTED OFFICERS:
A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special
gain of a principal (other than a government agency) by whom he is retained.
In either case, you should disclose the conflict: •
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS: •
A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the
special gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must
disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether
made by the officer or at his direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH
THE VOTE WILL BE TAKEN:
• You should complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form should be provided immediately to the other members of the agency.
• The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest.
(I I(IR\I $11 1LN6 PAGE I
IF YOU.MAKENO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DI".iCUSSiON OR VOTE Al THE MEETING:
• You should disclose orally the nature of your conflict in the measure before participating.
• You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
a'e) , hereby disclose that on 1— Z-(/
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(a) A measure came or will co e before my agency which (check one)
inured to my special private gain; or
inured to the special gain of , by whom I am retained.
(b) The measure before my agency and the nature of my interest in the measure is as follows:
10-6-,‘,10/4-.0 11)
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3 /41°11"
Date Filed S :nature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 80- 10-86 PAGE 2
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LAW OFFICES FILE COPY
AMARI, THERIAC, ROBERTS & RUNYONS, P.A.
ATTORNEYS AND COUNSELORS AT LAW
RICHARD S.AMARI MARINER SQUARE
JAMES S.THERIAC,III SUITE 302
CHARLES J.ROBERTS,P.A. 96 WILLARD STREET
J.RODNEY RUNYONS COCOA,FLORIDA 32922
MITCHELL S.GOLDMAN,P.A. TELEPHONE(407)639-1320
KOHN BENNETT TELECOPIER(407)639-6690
BRADLY ROGER BETTIN
KEVIN P.MARKEY
GREGORY J.DONOGHUE
November 13, 1989
Ms. Jan Leese:, Clerk
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
In Re: General information for council members
Dear Jan:
With the election of new council members, I think it appropriate to
discuss three areas council members should be acquainted.
First, under our city manager form of government, the individual city
council members cannot interject themselves into the day to day
personnel matters of city employees. Under our Charter, the only
two individuals the council members can directly influence are the
city manager and the city attorney. All other personnel are under
the direction of the city manager, and attempts by city council
members to intervene in the job performance or status of city
employees other than the city manager is impermissible. A recent
case out of Escambia County found a county council member liable
for such interference with a resultant jury award of compensatory
and punitive damages against that individual council member in
excess of $1,000,000.00. A council member may set policy, the city
manager supervise employees.
Secondly, no city council member may use their title in what appears
to be an official capacity unless the council has officially approved of
such use. A council member cannot use their title for other than
official city business sanctioned by the city council.
1 ` •
T ' •
Thirdly, each council member will be supplied with a copy of the
Government and the Sunshine Law Manual and they need to
familiarize themselves with its contents. A word of advise to council
members, avoid even the appearance of impropriety by never •
discussing city business with another council member outside an
official city council meeting. Two or more council members •
appearing before a group of citizens and discussing city business or
issues before the council could easily find themselves the subject of
criminal investigation for violation of the Government and the
Sunshine Law, hence the admonition "avoid even the appearance of
impropriety." If there is any chance that there could be a violation
of the Government and the Sunshine Law, then I urge the council
member to take the conservative course of action and avoid trouble.
Please distribute this letter to our council members so they might
avoid the pitfalls that ignorance of the law creates for the unwary
public official.
With warm regards, I remain,
Ve r • rs
James - 'ac III
JST/met