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Home My WebLink AboutMinutes 05-15-1990 CITY COUNCIL REGULAR MEETING MAY 15 , 1990 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on May 15 , 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 Mayor Pro Tem Thurm. The roll was called by the City Clerk. Officials present were Mayor Pro Tem, Ann Thurm; Council Members Don Arabian, John (1, Porter and Rocky Randels. Also present were City Manager, Leo Nicholas ; City Attorney, Jim Theriac ; and City Clerk, Jan Leeser. Mayor Salamone was out-of-town. Mr. Porter moved to approve the minutes of the Regular Meeting of May 1 , 1990 . Mr. Arabian seconded motion. Motion carried unanimously. UNFINISHED BUSINESS 1 . Ordinance No. 22-90 Amending Chapter 657 by Establishing New Chapter Entitled Tree Protection and Land Clearings; Repealing Chapter 622 ( Second Reading and Public Hearing) AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REPEALING CHAPTER 622, LAND CLEARING AND LAND CLEARING BURNINGS, AND CHAPTER 657, TREE PROTECTION, IN THEIR ENTIRETY; ESTAB- LISHING A NEW CHAPTER 657 ENTITLED "TREE PROTECTION AND LAND CLEARINGS" ; PROVIDING DEFINITIONS; PROVIDING FOR LAND CLEARING REGULATIONS; PROHIBITING LAND CLEARING WHERE A PERMIT IS REQUIRED PRIOR TO THE ISSUANCE OF A DEVELOPMENT ORDER; REQUIRING SURVEY PERMITS AND LAND CLEARING PERMITS; PROVIDING PROVISIONS FOR THE PROTECTION OF TREES AND VEGE- TATIVE BUFFERS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR REVEGETATION REQUIREMENTS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Ordinance. Mr. Randels moved for adoption. Mr. Porter seconded motion. Discussion followed. Mr. Randels moved to amend by establishing the following section: Sec. 657 . 15 Criminal Penalties. Each violation of this Chapter shall be a misdemeanor of the second degree punish- able by a fine up to $500 .00 and a term of imprisonment not to exceed sixty ( 60) days . Each day any violation of this Chapter continues shall constitute a separate offense. Mr. Arabian seconded motion. Vote on the motion was unanimous . In response from a question from Mr. Randels, Mrs. Leeser explained where the provisions of Chapter 622 were contained in the proposed Ordinance. Discussion followed. Vote on the motion on the floor was unanimous. Ordinance No. 22-90 , as amended, was adopted on Second Reading. The members of the Council voiced their appreciation to the members of the Beautification Board for their efforts in reviewing the Ordi- nance prior to it being presented to Council. City Council Regular Meeting May 15 , 1990 Page 1 of 4 NEW BUSINESS 1 . Ordinance No. 24-90 Establishing Chapter 659, Sea Turtle Protection; Repealing Spill-over Lighting Standards for Beachfront Property (First Reading and Public Hearing) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA ESTABLISHING CHAPTER 659, SEA TURTLE PROTECTION, OF THE CODE OF ORDINANCES ; AMENDING CHAPTER 713 BY REPEALING SECTION 713 .08; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. Mrs. Thurm read the title of the Ordinance. Mr. Porter moved to approve First Reading. Mr. Arabian seconded motion. Mr. Arabian moved to amend by inserting the date of July 1 , 1990 in Section 659 .07 . Mr. Randels seconded motion. Discussion was held on whether or not this would allow the property owners sufficient time to come into compliance . Mr. Nicholas noted he would attempt to place information in the newspaper to make the citizens aware that the new regulations were being considered . Vote on the motion to amend was unanimous . Vote on the main motion was unanimous . Ordinance No. 24-90, as amended, was approved on First Reading. 2 . Ordinance No. 26-90 Amending Zoning Regulations by Estab- lishing Exemptions for Six-foot High Fences in all Zoning Districts (First Reading and Public Hearing) AN ORDINANCE AMENDING SECTION 641 . 27 OF THE ZONING REGULA- TIONS OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY PROVIDING FOR AN EXCEPTION IN ALL DISTRICTS FOR A SIX FOOT HIGH FENCE WITHIN THE TWENTY-FIVE FOOT SETBACK ABUTTING ANY PUBLIC RIGHT-OF-WAY IF ASCERTAINABLE HAZARDS ARE SHOWN TO EXIST; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT 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 this Ordinance was being considered in response to a request by Fantasy Golf to erect a six-foot high fence for security purposes . She noted that the proposed Ordi- nance would allow for six-foot high fences in all zoning districts by an exemption of the Planning and Zoning Board, who would review each request on an individual basis . Discussion followed. It was pointed out that no criteria existed for the exemption request, since this is a new procedure for the Planning and Zoning Board. Discussion followed. It was the consensus of Council to request the Planning and Zoning Board to establish criteria . Some suggestions were to notify adjacent property owners and establish a fee . Vote on the motion was unanimous . Ordinance No. 26-90 was approved on First Reading. 3 . Resolution No. 90-26 Endorsing Larry L. Schultz for Nomina- tion as Second Vice-president of the Florida League of Cities A RESOLUTION OF THE CITY OF CAPE CANAVERAL, ENDORSING LARRY L. SCHULTZ FOR NOMINATION AS SECOND VICE-PRESIDENT OF THE FLORIDA LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE . City Council Regular Meeting May 15, 1990 Page 2 of 4 Mr. Porter moved for adoption . Mr. Arabian seconded motion. Discussion followed. Vote on the motion was unanimous. 4 . Resolution No. 90-27 Plat Approval, First Addition to Beach Park Village, Lots 15-28, Resubdivision of Tract 10, Replat of Chandler Park ( 200-230 Cherie Down Lane ) - Albert Kodsi, President, Beach Park Enterprise, Inc. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA APPROVING THE PLAT OF "FIRST ADDITION TO BEACH PARK VILLAGE" ; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING AN EFFECTIVE DATE. Mr. Randels moved for adoption. Mr. Porter seconded motion . Vote on the motion was unanimous . ADD-ON ITEM Mr. Nicholas requested Council consider the following add-on item. Mr. Porter so moved. Mr. Arabian seconded motion. Motion carried unanimously. 5. Resolution No. 90-28 Interlocal Agreement with Brevard County for Installation of Traffic Signal at the Intersec- tion of North Atlantic Avenue and Canaveral Boulevard A RESOLUTION AUTHORIZING THE CITY OF CAPE CANAVERAL, FLORIDA, TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, TO INSTALL A TRAFFIC SIGNAL AT THE INTERSECTION OF NORTH ATLANTIC AVENUE AND CANAVERAL BOULEVARD IN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE . Mrs . Thurm read the title of the Resolution. Mr. Randels moved for adoption. Mr. Porter seconded motion . Discussion followed. Mr. Nicholas advised that the City had been working for the past three years to get the traffic signal installed at the intersec- tion, to assist the school crossing guards . He pointed out that the total cost of the installation was $17, 884 .00 . He noted the cost included a 10% surcharge which was recently authorized by the Brevard County Commission. Vote on the motion was unanimous . Resolution No. 90-28 was adopted. DISCUSSION Mr. Nicholas reported on the groundbreaking for Central Park at Port Canaveral; the possibility of the City being selected for the site of an Early Spaceflight Museum; Keep Florida Beautiful Conference to be held in Sarasota; and, new forms being used to assist the citizens. Mr. Theriac advised that the oral arguments on the Jeff Rich Lawsuit would be heard on May 21st. Mr. Randels recapped the Library monthly report . He suggested that the Council consider viewing other videotapes prepared by the League of Cities at future Workshop Meetings . Discussion followed. It was the consensus of Council not to view the videos unless they were addressing a specific item the Council was considering. Mr. Porter reported on the CCVFD monthly report, the police activity report and the Recreation Center. City Council Regular Meeting May 15, 1990 Page 3 of 4 Mr. Arabian questioned the City Attorney regarding the Port Authority securing title to the IIF Property located within the corporate limits of the City. Discussion followed. Mr. Theriac will research the matter and report back. Mrs. Sara Hodge addressed Council and presented materials on the proposed corridor between Orlando and the Port . She explained that it appeared that it would not be a utility corridor as first proposed, but rather a major development. She further noted that this matter would be discussed at the Port Authority meeting on May 16th. She requested that the City be represented at the meeting. Discussion followed. Mr. Porter offered to be the City' s liaison with the Port and noted he would attend the Er meeting. The members of Council voiced concern that the Port Authority was not keeping the City informed regarding their growth plans, as they have promised on several occasions to do. Mr. Arabian suggested sending a letter to the State of Florida Department of Community Affairs regarding the matter. Discussion continued. Mr. Arabian will draft a letter to be reviewed at the next Workshop Meeting. There being no further business, the meeting was adjourned at 8: 55 P.M. Approved this 5th day of June , 1990 . if lilt (7 t f� , 01( MJ or/ C y Cle •k tp F ir City Council Regular Meeting May 15, 1990 Page 4 of 4 • BUDGET TRANSFERS - SUMMARY REPORT GENERAL FUND Operating Revenue Increased $161,850 Non-Operating Revenue Increased 3,457 $165, 307 Legislative - Increased $ 2,200 Administration - Increased 11,985 Planning & Zoning - Increased 5,950 Public Safety - Increased 845 Fire Department - Increased 10,150 Building Department - Increased 3,260 Street Department - Increased 13,265 Animal Control - Increased 1, 975 Parks & Playgrounds - Increased 11,870 Legal - Increased 2, 600 Garbage Service - Increased 71,978 Non-Departmental - Increased 29,229 $165,307 LIBRARY FUND Revenue & Expenditure Budget Increased $4,207 BEAUTIFICATION FUND Revenue & Expenditure Budget Increased $5,200 SEWER FUND Revenue & Expenditure Budget Increased $16,025 BUDGET TRANSFERS GENERAL FUND REVENUE ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET 312.41 Local Option Gas Tax $ 9,600 $ $192,700 313.1 FPL Franchise Fees 17,200 304,200 313.2 Southern Bell Franchise Fees 750 9,050 313.4 Cablevision TV Franchise Fees 1,500 24,300 314.1 FPL Utility Tax 10,000 365,000 314.2 Southern Bell Utility Tax 5,000 83,000 321.1 Occupational Licenses 1,000 33,000 322.1 Building Permits 5,000 75,000 329.1 Fire Alarm Permits 500 500 334.391 State Recycling Grant 20,608 20,608 334.9 State Grant Planning Assistance 19,822 19,822 343.45 Recycling Fee Revenue 51,370 51,370 343.451 , Recycling Product Revenue 5,000 5,000 347.291 Racquetball Court Rentals 2,000 12,000 361.1 Interest Income From Investments 13,000 88,000 369.1 Miscellaneous Income 3,500 5,500 380.41 Transfer From Library Fund 3,457 102,519 EXPENDITURES Legislative 1-511.40 Travel & Per Dien 500 3,000 1-511.48 Promotional Activities 1,000 1,700 1-511,492 Elections 1,000 1,300 1-511,493 Awards & Elections 200 1,500 1-511.54 Subscriptions & Registration Fees 1,500 2,900 Administration 2-513.11 Executive Salaries 4,430 114,905 2-513.14 Overtime 1,500 2,000 2-513.21 FICA Taxes 485 8,940 2-513.24 Workers Compensation 1,640 2,240 2-513.44 Equipment Lease & Rental 60 300 2-513,524 Motor Fuel 335 600 2-513.54 Subscriptions & Registration Fees 500 1,880 2-513.64 Machinery & Equipment 3,035 6,185 Planning & Zoning 3-515.31 Engineering 5,000 10,000 3-515.47 Printing 950 1,250 Public Safety 4-521.12 Regular Salaries & Wages 785 8,055 4-521.21 FICA Taxes 60 615 Fire Department 5-522.24 Workers Compensation 75 5,875 5-522,441 Fire Hydrant Rent 500 11,510 5-522.45 General Insurance 9,325 18,725 5-522,526 Fireworks 250 3,750 BUDGET TRANSFERS GENERAL FUND EXPENDITURES , ADJUSTED ACCT #001- DESCRIPTION INCREASE DECREASE BUDGET Building Department 6-524.12 Regular Salaries & Wages 2,200 81,350 6-524.21 FICA Taxes 170 6,360 6-524.24 Workers Compensation 290 9,390 6-524.45 General Insurance 300 2,900 6-524.52 Operating Supplies 300 1,600 Street Department 7-541.14 Overtime 1,000 2,000 7-541.21 < FICA Taxes 75 9,225 7-541.31 Engineering Fees 1,000 7,000 7-541,314 Physicals 190 475 7-541.41 Communications Service 100 590 7-541,461 Building & Grounds Maintenance 500 1,000 7-541.52 Operating Supplies 500 1,555 7-541,525 Small Tools 300 800 7-541.53 Street Repairs 9,600 192,700 Animal Control 8-562.23 Life & Health Insurance 200 2,475 8-562.24 Workers Compensation 15 415 8-562.40 Travel & Per Diem 300 450 8-562.45 General Insurance 460 1,260 8-562.52 Operating Supplies 400 1,055 8-562,524 Motor Fuel 600 1,300 Parks & Recreation 11-572.24 Workers Compensation 435 4,235 11-572,343 Lifeguard Contract 2,185 7,585 11-572.42 Postage 100 230 11-572,461 Building & Grounds Maintenance 1,000 7,000 11-572.52 Operating Supplies 1,000 3,000 11-572.63 Facility Improvements 9,150 18,900 Legal 13-514,312 Specialized Legal Services 2,500 5,000 13-514.52 Operating Supplies 100 300 Garbage Service 14-534.3421 Recycling Contract Expense 51,370 51,370 14-534.5251 Recycling Grant Expense 20,608 20,608 Non-Departmental 17-901.99 Contingency 25,772 27,195 17-901,991 Unreserved 3,457 102,519 BUDGET TRANSFERS SEWER FUND REVENUE . ADJUSTED ACCT #401- DESCRIPTION INCREASE DECREASE BUDGET 343.51 Utility Operating Inctime 5,000 916,950 343.52 Utility Penalty Income 2,000 17,600 361.11 Interest Income/Expansion Fund 21,000 51,000 361.16 Interest Income/Sewer Sys. Cons. Fund 11,975 4,025 EXPENDITURES 10-535.11 Executive Salaries 1,500 53,830 10-535.12 Regular Salaries & Wages 4,000 260,280 10-535.14 Overtime 8,385 15,000 10-535.21 . FICA Taxes 550 25,635 10-535.24 - Workers Compensation 1,760 11,510 10-535,312 Legal Fees 3,000 7,000 10-535,314 Physicals 165 585 10-535.45 General Insurance 3,500 24,260 10-535.4621 Plant & Equipment Maintenance 7,000 35,670 10-535,527 General Supplies 1,500 4,780 19-901.73 Paying Agents Fee 150 350 19-901.99 Contingency 7,485 1,970 BUDGET TRANSFERS LIBRARY FUND REVENUE ADJUSTED ACCT #104- DESCRIPTION INCREASE DECREASE BUDGET 364.49 Sale of Fixed Assets 4,207 4,207 EXPENDITURES 23-571,461 Building & Grounds Maintenance 500 4,500 23-571.52 Operating Supplies 250 250 23-571.91 Transfer To General Fund 3,457 102,519 BUDGET TRANSFERS BEAUTIFICATION FUND REVENUE ADJUSTED ACCT #105- DESCRIPTION INCREASE DECREASE BUDGET 361.1 Interest Income From Investments 1,600 4,000 366.1 Donations From Private Sources 1,200 1,200 EXPENDITURES 15-539.45 General Insurance 25 1,450 15-539.52 Operating Supplies 1,500 3,930 15-539.63 Landscaping 2,175 76,090 15-539.82 Aid to Private Organizations 1,500 1,500