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