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HomeMy WebLinkAboutMinutes 03-20-1990 CITY COUNCIL REGULAR MEETING MARCH 20, 1990 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on March 20, 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 Pro Tem Ann Thurm. Pledge of Allegiance was led by Mrs. Thurm. The roll was called by the City Clerk. Officials present were Mayor Pro Tem, Ann Thurm; Council Members Don Arabian and Rocky Randels. Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac; and City Clerk, Jan Leeser . Mayor Salamone was absent due to illness in her immediate family and Mr. Porter was not in attendance because he was ill. Mr. Arabian moved to approve the minutes of the Regular Meeting of March 6, 1990. Mr. Randels seconded motion. Motion carried unanimously. At this time, Mrs. Thurm presented the Volunteer of the Month Award to Mr. Arthur Berger, Jr. for his services on the Planning and Zoning Board. Mrs. Thurm read a Proclamation regarding Clean-Up Month. NEW BUSINESS Mrs. Thurm suggested moving Item 12 up on the agenda since there were representatives from the County in attendance to address this issue. There being no objections, Item 12 was moved up on the agenda. 12. Resolution No. 90-20 Contract with Brevard County for Life- guard Services A RESOLUTION ENTERING INTO AN AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO PROVIDE LIFEGUARD SERVICES FOR THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mr . Randels moved for adoption. Mr. Arabian seconded motion. Mr. Jack Masson representing Brevard County Recreation Department, distributed a copy of the revised contract, requesting $7, 582. 99 for the life- guard services. Discussion followed. Mr. Nicholas pointed out that only $5, 400 . 00 was budgeted for this item. Mrs. Thurm noted that the shortfall could be addressed at budget revision time. Vote on the motion was unanimous. 1 . Ordinance No. 14-90 Amending Chapter 654, Alarm Systems, Regarding Fees Charged (First Reading and Public Hearing ) AN ORDINANCE AMENDING CHAPTER 654, ALARM SYSTEMS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE FEES CHARGES; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mr. Randels moved to approve first reading. Motion died for lack of a second. Ordinance No. 14-90 failed on first reading. City Council Regular Meeting March 20, 1990 Page 1 of 5 2. Ordinance No. 15-90 Amending Chapter 671 , Sewer Service, by Prohibiting Septic Tanks (First Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 671 , SEWER SERVICE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY AMENDING THE REGULATIONS REGARDING SEPTIC TANKS; REPEALING ALL PORTIONS OF THE CODE IN CON- FLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Ordinance. Mr. Arabian moved to approve first reading. Mr. Randels seconded motion. Mrs. Thurm explained that the reason for this proposed Ordinance was to come into compliance with the Comprehensive Plan. Mrs. Thurm spoke against the proposed Ordinance as written because it would require property owners currently on septic tanks to connect to the sewer system within five years, and it was her opinion this could cause a hardship for some people. Mr. Arabian spoke in favor of the proposed Ordinance. Mr. Leonard Folcarelli, a resident of Eberwein Road, spoke against the proposed Ordinance. Discussion followed. Mrs. Thurm moved to amend the proposed Ordinance as follows: In Section 2, delete the words "or remodel" and "or remodeled" from Section 671 . 05 ; in Section 3, add the words "or a City approved septic tank in place and functioning as of the date of adoption of this Ordinance" to the end of Section 671 . 07; in Section 4, delete the second sentence in Sec. 671 .09. Mr. Randels seconded motion. Discussion followed. Mr . Theriac advised that it was his opinion that the Ordinance as amended would satisfy the Department of Community Affairs regarding compliance with the Comprehensive Plan. Vote on the motion to amend was as follows: In favor, Mr. Randels and Mrs. Thurm; opposed, Mr. Arabian. Motion carried. Vote on the main motion on the floor was as follows: In favor, Mr. Randels and Mrs. Thurm; opposed, Mr. Arabian. Motion carried. Ordinance No. 15-90, as amended, was approved on first reading. 3. Ordinance No. 16-90 Amending Chapter 351 , Personnel Policy, by Requiring Annual Performance Evaluation of City Manager (First Reading and Public Hearing) AN ORDINANCE AMENDING CHAPTER 351 , PERSONNEL POLICY, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REQUIRING ANNUAL PERFORMANCE EVALUATION OF CITY MANAGER; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH ; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Ordinance. Mr. Randels moved to approve first reading. Mr. Arabian seconded motion. Mr. Randels and Mrs. Thurm spoke in favor of the proposed Ordinance. Vote on the motion was unanimous. 4 . Resolution No. 90-12 Adopting Safety Policy for City Employees A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING A SAFETY POLICY FOR CITY EMPLOYEES; PROVIDING AN EFFECTIVE DATE. City Council Regular Meeting March 20, 1990 Page 2 of 5 Mrs. Thurm read the title of the Resolution. Mr . Randels moved for adoption. Mr. Arabian seconded motion. Mr. Theriac advised that the Resolution would not increase the legal liability for City employees. It was pointed out that the proposed Resolution would not reduce the workers compensation rates in itself but it was an attempt to impress the importance of safety to the City employees thereby reducing on the job injuries. Vote on the motion was unanimous. Resolution No. 90-12 was adopted. 5. Resolution No. 90-13 Appointing Members to the Planning and Zoning Board A RESOLUTION APPOINTING A MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVID- ING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mrs. Thurm moved to insert the name of Mary Wheeler in Section 1 and to delete Sections 2 and 3. Mr. Arabian seconded motion. Discussion fol- lowed. It was pointed out that Mr. Wayne Washburn currently serves as first alternate member on the Planning and Zoning Board. Vote on the motion was as follows: In favor, Mr. Arabian and Mrs. Thurm; opposed, Mr. Randels. Motion carried. Ms. Wheeler was appointed as a regular member of the Board. 6. Resolution No. 90-14 Appointing Member to the Recreation Board A RESOLUTION APPOINTING A MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mr . Randels moved for adoption. Mr. Arabian seconded motion. Motion carried unan- imously. Ms. Regina Mead was appointed to the Recreation Board as a regular member 7. Resolution No. 90-15 Appointing Member to the Beautifica- tion Board A RESOLUTION APPOINTING A MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mr . Arabian moved for adoption. Mr. Randels seconded motion. Motion carried unanimously. Ms. Patricia Szapor was appointed to the Beautifi- cation Board as a regular member. 8. Resolution No. 90-16 Appointing Member to the Zoning Board of Adjustment A RESOLUTION APPOINTING A REGULAR MEMBER TO THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mr. Arabian moved for adoption. Mr. Randels seconded motion. Motion carried unan- imously. Mr. Ronnie Farmer was appointed to the Zoning Board of Adjustment as a regular member. 9. Resolution No. 90-17 Appointing Member to the Code Enforce- ment Board City Council Regular Meeting March 20, 1990 Page 3 of 5 A RESOLUTION APPOINTING A MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mr. Arabian moved for adoption. Mr. Randels seconded motion. Vote on the motion was unanimous. Ms. Jean Porter-Gabler was appointed to the Code Enforcement Board as a regular member 10. Resolution No. 90-18 Requesting Brevard County Tourist Development Tax Revenue be Utilized for the Construction of a New Zoological Park 1/10 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REQUESTING THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL ALLOCATE FUNDS FOR THE CONSTRUCTION OF A NEW ZOOLOG- ICAL PARK FOR BREVARD COUNTY; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mr. Arabian moved for adoption. Mrs . Thurm seconded motion. Discussion followed. Mr. Randels spoke against the Resolution. Vote on the motion was as follows: In favor, Mr. Arabian and Mrs. Thurm; opposed, Mr . Randels . Motion carried. 11 . Resolution No. 90-19 Requesting Brevard County Tourist Development Tax Revenue be Utilized for Improvements to Beaches A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REQUESTING THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL ALLOCATE AT LEAST 35 PERCENT OF THE THIRD CENT OF THE TOURIST DEVELOPMENT TAX TO FINANCE IMPROVEMENT, MAINTE- NANCE, RENOURISHMENT AND EROSION CONTROL OF BREVARD COUNTY'S BEACHES; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mr. Randels moved for adoption. Motion died for lack of a second. Resolution No. 90-19 failed. 12. Resolution No. 90-20 Contract with Brevard County for Life- guard Services This item was addressed earlier in the meeting 13. Resolution No. 90-21 Approval of Recreation Complex Rules and Regulations A RESOLUTION ADOPTING THE RECREATION COMPLEX RULES AND REGU- LATIONS; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Resolution. Mr . Arabian moved for adoption. Mr. Randels seconded motion. Discussion followed. Motion carried unanimously. 14. Motion Re : Adoption of Revised Wage and Salary Plan Mr. Randels so moved. Mr . Arabian seconded motion. Discussion followed. Vote on the motion was unanimous. 15. Motion Re: Brevard County League of Cities April Meeting Mrs . Thurm moved to invite the Department Heads, administrative staff and the chairman of the volunteer boards to be the City's guests at the April Brevard County League of Cities Meeting which the City will host because it would be in the best interest of the public to be well represented. Mr. Randels seconded motion. Motion carried unanimously. City Council Regular Meeting March 20, 1990 Page 4 of 5 DISCUSSION Mr. Randels recapped the CCVFD and the Library monthly reports. Mrs. Thurm raised the question of whether or not the dune cross- over should be constructed at this time east of Harbor Heights. This item will be placed on the agenda for the next workshop meeting. There being no further business, the meeting was adjourned at 9:07 P.M. Approved this 3rd day of April , 1990. sb 414 Ai 4'ri M. O \S" • `pity Clerk [11, City Council Regular Meeting March 20, 1990 Page 5 of 5