HomeMy WebLinkAboutMinutes 01-02-1990 CITY COUNCIL
REGULAR MEETING
JANUARY 2 , 1990
A Regular Meeting of the City Council of the City of Cape
Canaveral, Florida was held on January 2 , 1990, 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, Ann Thurm; Council Members
Don Arabian and John Porter. Also present were City Manager,
Leo Nicholas; City Attorney, Jim Theriac; and City Clerk, Jan
Leeser. Mr . Randels was out-of-town.
Mrs. Thurm requested the minutes of the Regular Meeting of
December 19, 1989 be amended by adding the following words to
the last sentence in paragraph four on page one " . . . .and to the
City. " She moved to approve the minutes as corrected. Mr.
Porter seconded motion. Motion carried unanimously.
Discussion Re: Implementing Specific Actions Required by Compre-
hensive Plan
This item was addressed later in the meeting.
UNFINISHED BUSINESS
1 . Ordinance No. 18-89 Establishing Code Chapter 654, Alarm
Systems ( Second 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. Mrs. Thurm
moved for adoption. Mr. Arabian seconded motion. Mr. Porter
noted that he was in favor of the proposed Ordinance but was
opposed to the annual fee. Discussion followed.
Vote on the motion was unanimous. Ordinance No. 18-89 was
adopted on second reading.
NEW BUSINESS
1 . Resolution No. 90-01 Cancelling Regular Council Meeting of
January 16, 1990 and Combining with Workshop Meeting of
January 11 , 1990
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA CAN-
CELLING THE REGULAR COUNCIL MEETING SCHEDULED FOR JANUARY
16, 1990 AND COMBINING WITH THE WORKSHOP MEETING OF JANUARY
11 , 1990 ; PROVIDING AN EFFECTIVE DATE.
Mayor Salamone read the title of the Resolution. Mr. Porter
moved for adoption. Mr. Arabian seconded motion. Mayor
CITY COUNCIL REGULAR MEETING
JANUARY 2 , 1990
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Salamone explained there would not be a quorum for the meeting
because several members of the Council would be attending an
out-of-town seminar.
Vote on the motion was unanimous. Resolution No. 90-01 was
adopted.
2. Motion Re: Authorizing Brevard County to Clean Drainage
Canal
Mr. Nicholas advised that the City had received only one bid for
this item, in the amount of $55 ,000. He noted that Brevard
County would remove all the debris from the canal and the unde-
sirable vegetation on the west bank for $18 , 113 . 00. Mr. Arabian
suggested that the City hold off on cleaning the canal until the
environmental concerns are addressed. Discussion followed. It
was the consensus of Council to follow Mr. Arabian's suggestion.
3 . Motion Re: Professional Services for Long Point Road Sewer
Extension
Mr. Nicholas reviewed the proposal received from Briley, Wild
and Associates. Discussion followed. It was pointed out that
the proposal outlined the services to be performed by City per-
sonnel. He noted the total amount for the professional services
was $7,550.00.
Mrs. Thurm moved to accept Briley, Wild and Associates ' proposal.
Mr. Arabian seconded motion. Motion carried unanimously.
4 . Discussion Re: Adopting Resolution in Support of State Man-
date Referendum
Mr. Nicholas advised that several Cities were adopting Resolu-
tions in support of the State Mandate referendum. Mr. Arabian
and Mr . Porter spoke against adopting a similar Resolution be-
cause the State does not have the authority to raise money,
other than through a State Income Tax. Mrs . Helen Filkins also
spoke against adopting a similar Resolution. Mr. Nicholas ex-
plained that the referendum also called for the State to
authorize the municipalities the mechanism for raising the neces-
sary revenue. Discussion followed. Mr. Theriac was instructed
to draft a Resolution to meet the concerns of the Council
Members.
Discussion Re: Implementing Specific Actions Required by Compre-
hensive Plan
Mr. Arabian distributed his proposed policy priorities and re-
viewed same: ( 1 ) Conservation and Coastal Management; ( 2)
Sanitary Sewer, Drainage, Natural Underground Aquifer Recharge;
( 3) Recreation and Open Space ( 4) Land Use; ( 5) Traffic Circu-
lation ( 6) Housing; and (7 ) Capital Improvements.
Discussion followed. Mayor Salamone explained that there were
several items that were deadline issues and it was her opinion
these needed to be addressed first. It was noted that the Land
Development Regulations were the first priority and they were
scheduled to be adopted at the Special Meeting on January 25th.
DISCUSSION
Mr. Nicholas reported on the following items: CCVFD Monthly
Report; Brevard League of Cities January meeting; 1989 County
Median Household Income Chart; and the Annual Legislative Confer-
ence.
CITY COUNCIL REGULAR MEETING
JANUARY 2, 1990
PAGE 2 OF 3
Mr. Nicholas noted that Mr . Arabian had voiced concern regarding
the transfer of funds from the sewer fund to the general fund in
the 1989-90 Budget. Discussion followed. Mayor Salamone as-
sured Mr. Arabian that the procedure was correct. Mr. Arabian
voiced the opinion that the funds should have been left in the
sewer fund because there were items that need to be done at the
Wastewater Treatment Plant. Mr . Porter requested the City
Manager research cost cutting ideas at the Plant. Mayor
Salamone reminded Mr . Arabian and Mr. Porter that it was the
Council ' s job to set policy, not to get involved in the day-to-
day administration of the City, which is the responsibility of
the City Manager. Discussion continued. Mr. Nicholas advised
the City Council that they could modify the budget at any time
but recommended that any proposed operational changes at the
WWTP be reviewed by the City Engineers.
Mr. Nicholas advised that Mr. Ernie Szapor, who had applied for
a Special Exception to construct single family residences in a
C-1 zone at the north-west corner of Harbor Drive and Sea Shell
Lane, wanted to address the Council. Mr. Theriac noted that Mr.
Szapor 's property was part of a Court Order regarding the Ocean
Woods development, which stated the property would be turned
over to the City for the purpose of construction of a public
swimming pool. Mr. Szapor requested the City release any claim
to the property. Mr. Theriac noted that the City records did
not indicate why this property was not turned over to the City
and that he had concerns whether or not it was utilized in the
density calculations for Ocean Woods. Mr. Theriac advised Mr.
Szapor and the City Council that the burden of proof was on the
developer and not on the City, and that the City could e - offer
no relief at this time. Mrs . Helen Filkins noted that she had
some records on the Ocean Woods case and she would research them
regarding this issue.
Mr. Arabian discussed the Port 's plans for developing parks; the
steps on the dune crossovers, the proposed crossover at the end
of Harbor Drive and beach erosion. He also requested use of the
City vehicle to travel to Ormond Beach to visit the City Engi-
neers ' Office. Council had no objections to Mr . Arabian
utilizing the City vehicle.
There being no further business, the meeting was adjourned at
9 : 50 P.M.
As amended
Approved / this 11th day of January , 1990.
Joy C. Salamone
Mayor
SEAL OF CAPE CANAVERAL, FLORIDA
Janet S. Leeser
City Clerk
CITY COUNCIL REGULAR MEETING
JANUARY 2, 1990
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