HomeMy WebLinkAboutMinutes 12-19-1989 CITY COUNCIL
REGULAR MEETING
DECEMBER 19 , 1989
A Regular Meeting of the City Council of the City of Cape
Canaveral, Florida was held on December 19 , 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
(of Mayor Joy Salamone; Mayor Pro Tem, Ann Thurm; Council Members
Don Arabian, John Porter and Rocky Randels . Also present were
City Manager, Leo Nicholas; City Attorney, Jim Theriac; and City
Clerk, Jan Leeser.
Mr. Randels moved to approve the minutes of the Regular Meeting
of December 5, 1989. Mrs. Thurm seconded motion. Motion carried
unanimously.
At this time, Mayor Joy Salamone and Isabel Escape, Library Di-
rector, presented the "Volunteer of the Month Award" to Hilma
Goff for her many years of service on the Library Board.
NEW BUSINESS
1 . Ordinance No. 18-89 Establishing Code Chapter 654, Alarm
Systems ( First Reading and Public Hearing)
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
CREATING A NEW CHAPTER 654, CITY OF CAPE CANAVERAL CODE EN-
TITLED, "ALARM SYSTEMS" ; PROVIDING FOR REGULATION OF
ELECTRONIC AND OTHER FIRE AND POLICE ALARM SYSTEMS; DEFINING
TERMS; ESTABLISHING THE DUTY OF OWNERS OF SUCH SYSTEMS;
PROVIDING MAINTENANCE REQUIREMENT FOR SUCH SYSTEMS; ESTAB-
LISHING AND REQUIRING PERMITTING OF SUCH SYSTEMS;
ESTABLISHING FEES FOR ALARMS OTHER THAN VALID RESPONSES;
PROVIDING PENALTIES FOR VIOLATIONS; PROVIDING AN EFFECTIVE
DATE.
Mayor Salamone read the title of the Ordinance. Mr. Randels
moved to approve first reading. Mr. Arabian seconded motion.
Fire Chief, Dave Sergeant, explained that the fire department
had been responding to numerous false alarms, many times caused
by of lack of maintenance on the systems. Mr . Theriac advised
that the proposed ordinance was an attempt to alleviate this
problem, without unduly infringing on the citizen' s rights . Mr.
Nicholas noted that the proposed ordinance would also apply to
burglary alarms, and that there was a $15 .00 annual renewal fee
specified. Mr. Theriac explained the fee was to cover admin-
(iv istrative costs. Discussion followed. Mr . Porter voiced an
objection to the proposed fee; Mr. Arabian and Mrs. Thurm spoke
in favor of the proposed ordinance.
Vote on the motion was unanimous. Ordinance No. 18-89 was ap-
proved on first reading.
2. Resolution No. 89-74 Agreement with Signal Construction
Company for Traffic Signal Maintenance
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK TO
ENTER INTO AN AGREEMENT WITH SIGNAL CONSTRUCTION COMPANY,
INC. TO PROVIDE TRAFFIC SIGNAL MAINTENANCE; PROVIDING AN
EFFECTIVE DATE.
CITY COUNCIL REGULAR MEETING
DECEMBER 19, 1989
PAGE 1 OF 3
Mayor Salamone read the title of the Resolution. Mr. Randels
moved for adoption. Mr. Porter seconded motion. Mr. Theriac
reviewed the changes requested by Council regarding travel time
and termination. Vote on the motion was unanimous. Resolution
No. 89-74 was adopted.
3. Resolution No. 89-75 Designating Council Members ' Areas of
Interest
A RESOLUTION DESIGNATING AREAS OF PRIMARY INTEREST OF INDI-
VIDUAL COUNCIL MEMBERS; PROVIDING AN EFFECTIVE DATE.
Mayor Salamone read the title of the Resolution. Mrs. Thurm
moved for adoption. Mr. Arabian seconded motion. Motion
carried unanimously.
4. Motion Re: Schedule for Adoption of Comprehensive Plan Amend-
ments
Mrs. Leeser pointed out that the proposed schedule may need to
be changed since some of the Council Members were planning to
attend the Stormwater Utilities Seminar and there consequently
may not be a quorum for the January 16th meeting. Discussion
followed. Mr. Porter moved to cancel the regular Council
Meeting of January 16 and hold a Combined Workshop and Regular
Meeting on January 11 , 1990, at which time first reading and
public hearing would be held; and hold a Special Council Meeting
on January 25, 1990, for adoption. Mr . Arabian seconded motion.
Vote on the motion was unanimous. Mrs. Leeser questioned if it
was the intent of Council to adopt the Land Development Regu-
lations at these meetings and was informed that it was.
5, Motion Re: Negotiated Settlement with Former Employee Ottis
Manley
Mr. Nicholas advised that the union had proposed a settlement of
$3,600.00 with former employee Ottis Manley. He further explain-
ed that attorney Joe Moss had contacted the City's insurance
carrier regarding this potential claim but had not heard back
from them at this time. Discussion was held on postponing this
item. Mr . Theriac noted that Mr . Manley' s attorney had stated
the settlement must be reached prior to Christmas or "all bets
are off" .
Discussion continued. Mr . Theriac advised that Mr. Manley was
fired for cause and that the settlement was offered for economic
considerations only. Mayor Salamone voiced the opinion that the
Council needed to support the City Administration on this issue.
Mayor Salamone moved that the City offer no settlement to Mr.
Manley and his termination be defended to the fullest. Mr.
Randels seconded motion. Vote on the motion was as follows: In
(W favor, Mr. Arabian, Mr. Porter, Mayor Salamone and Mr. Randels;
Opposed, Mrs. Thurm. Motion carried.
ADD-ON ITEM
Mr. Arabian moved to add the following item to the agenda. Mr.
Porter seconded motion. Motion carried unanimously.
6. Motion Re: Donation to Keep Brevard Beautiful
Mr. Arabian moved to donate $1 ,500 . 00 to Keep Brevard Beautiful.
Mrs. Thurm seconded motion. Mr. Randels noted that the Beauti-
fication Board had requested this donation be made and the funds
would come out of their budget. Motion carried unanimously.
CITY COUNCIL REGULAR MEETING
DECEMBER 19 , 1989
PAGE 2 OF 3
DISCUSSION
Mr. Nicholas asked the Council for direction regarding Animal
Control enforcement. He explained he had received a complaint
from some residents regarding animals in the wooded area east of
Harbor Heights. Discussion followed. It was the consensus of
the Council that the domesticated animals should be removed from
the area but the native animals should be left alone.
Mr. Randels noted that there were specific action items in the
Comprehensive Plan that the City needed to address. Discussion
was held on possible ways to achieve this . This will be dis-
cussed further at the next meeting.
Mr. Randels explained he had been selected by the University of
Central Florida to participate in their Local Government Leaders
Public Policy Forum, but the cost would be $550.00. Discussion
followed. It was the consensus of Council that Mr. Randels
should attend, on behalf of the City.
Discussion was held on Mr. & Mrs. Lipperts ' complaint that was
filed with the Department of Professional Regulation against
former Council Member Robert Hoog and contractor Bud Bauries.
Mr. Nicholas advised that the DPR had taken no action against
Mr. Hoog and, to his knowledge, had not make a ruling on Mr.
Bauries.
Mayor Salamone noted she had received several phone calls com-
mending the Cape Canaveral Volunteer Fire Department for their
efforts to retrieve an airplane pilot from a tree.
At this time, Mr. Arabian requested if a special visitor could
address the Council, and Santa Claus ' Nephew (alias Mr. Arabian)
make an appearance and distributed gifts.
There being no further business, the meeting was adjourned at
9 :20 P.M.
as corrected.
Approved this 2nd day of January , 1990.
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CITY COUNCIL REGULAR MEETING
DECEMBER 19, 1989
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