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HomeMy WebLinkAboutMinutes 06-05-1990 CITY COUNCIL REGULAR MEETING JUNE 5, 1990 A Regular Meeting of the City Council of the City of Cape Canaveral, Florida was held on June 5, 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, John Porter and Rocky Randels . Also present were City Manager, Leo Nicholas; City Attorney, Jim Theriac; and City Clerk, Jan Leeser. Mr. Porter moved to approve the minutes of the Regular Meeting of May 15, 1990. Mr. Arabian seconded motion. Motion carried unanimously. At t..` 3 time, Mayor Salamone and Mayor Pro Tem Thurm presented a Key to LII City and a Proclamation to School Crossing Guards, Alma and John Osborne and Bessie Fry. Crossing Guard Wally Homer was not in attendance. Mr. Nicholas presented Mrs. Osborne and Mrs . Fry with a bouquet of flowers and noted that the four employees represented over 50 years of service to the City. Mayor Salamone noted that Mr. Randell Mays and Attorney Jim Peeples were in attendance and wished to address Council regard- ing the unauthorized land clearing on Mr. Mays ' property on North Atlantic Avenue . There being no objections from the members of the Council, Mr. Peeples addressed the Council . He apologized for the unfortunate incident and noted that Mr. Mays had hired a contractor in good faith and the contractor removed the trees without Mr. Mays ' knowledge. Mr. Peeples asked what remedial action the Council would like Mr. Mays to take. Discussion followed. Transfer of "wetlands" property owned by Mr. Mays and replanting a specific number and types of trees was suggested by Mr. Arabian. Discussion followed. Mr. Peeples was directed to meet with the City Manager regarding the action they plan to take, and submit it to the City for approval. UNFINISHED BUSINESS 1 . Ordinance No. 24-90 Establishing Chapter 659, Sea Turtle Protection; Repealing Spill-over Lighting Standards for Beachfront Property (Second 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 . Mayor Salamone read the title of the Ordinance . Mr. Randels moved for adoption. Mrs . Thurm seconded motion. Mr. Randels spoke in favor of the proposed Ordinance . Vote on the motion was unanimous . Ordinance No. 24-90 was adopted on Second Reading. 2. Ordinance No. 26-90 Amending Zoning Regulations by Estab- lishing Exemptions for Six-foot High Fences in all Zoning Districts (Second Reading and Public Hearing) City Council Regular Meeting June 5, 1990 Page 1 of 7 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. Mayor Salamone read the title of the Ordinance. Mr. Randels moved for adoption. Mrs . Thurm seconded motion. Mr. Nicholas advised that the City Attorney was drafting the criteria for the exemptions for the Planning and Zoning Board to review. Mr. Theriac recommended the Ordinance be tabled until the criteria is established. Mr. Randels so moved. Mr. Arabian seconded motion. Motion carried unanimously. NEW BUSINESS 1 . Resolution No. 90-29 Amending Garbage Collection Rates A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. Mayor Salamone read the title of the Resolution. Mr. Porter moved for adoption. Mr. Arabian seconded motion. Mr. Arabian questioned the Consumer Price Index being 5. 2%. Mr. Boucher explained the process of determining this amount and noted it was not the January to January CPI that was utilized. Discus- sion followed. Vote on the motion was unanimous . Resolution No. 90-29 was adopted. 2. Resolution No. 90-30 Amending Sewer Rates A RESOLUTION ESTABLISHING A NEW SCHEDULE OF RATES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE . Mrs. Thurm moved for adoption. Mr. Arabian seconded motion. Motion carried unanimously. 3. Motion Re: Briley, Wild & Associates Proposal for Storm- water Management Study Mr. Arabian moved to table . Motion died for lack of a second. Mayor Salamone moved to accept Phase II of Briley, Wild 's propos- al. Mrs . Thurm seconded motion. Mayor Salamone pointed out that Phase II would include a master study and a water reuse study. Discussion followed. Mr. Harry Wild, President of Briley, Wild and Associates, addressed Council and explained that his firm would prepare a scope of work, including cost estimate, of Phase II and present it to the Council for approval . Discussion followed. Mrs. Mary Wheeler, a member of the Planning and Zoning Board, addressed the Council and asked them to consider hiring a full- time engineer. Vote on the motion on the floor was unanimous . 4 . Motion Re: Stormwater Management Utility Implementation Mr. Porter moved to table indefinitely . Mr. Arabian seconded motion. Motion carried unanimously. City Council Regular Meeting June 5, 1990 Page 2 of 7 5. Motion Re : Budget Transfers Mrs. Thurm moved to approve the budget transfers presented by the City Manager. Mr. Arabian seconded motion. Mr. Nicholas pointed out that the budget transfers would include making two positions, that are currently part-time (Customer Service Representative in the Accounting Department and Clerical Assistant in the City Clerk 's office ) , into full-time, at least for the remainder of this fiscal year. Discussion followed. It was the consensus of Council that these two positions should be made full time permanently, not only for the remainder of the fiscal year. 1100 Vote on the motion was unanimous. 6 . Motion Re: Voting Delegate for Florida League of Cities Annual Convention Mayor Salamone moved to appoint Rocky Randels as the City's voting delegate. Mr. Porter seconded motion. Discussion followed. Motion carried unanimously. 7 . Motion Re: Transportation To and From Orlando for Sister City Exchange in June Mr. Arabian moved to allow said expenditure up to $800 .00. Mr. Randels seconded motion. Mr. Porter reported on the various accommodations that had been donated for the visitation. He noted that the transportation to and from the airport may also be donated. Mr. Porter explained a need for expending some funds for printing of the tickets and fliers for the concert to be held at Cape Sierra. Discussion followed on utilizing City funds for the Sister City exchange . Mayor Salamone advised that at no time had she led the people from Ithaca to believe that anybody in the City, or the City itself, would pay for anything. She further noted that she would be willing to donate, as a private citizen, $200 . 00 to cover the cost of the printing. Discussion continued. Mayor Salamone moved to table this item. Mrs . Thurm seconded motion. Vote on the motion was as follows: In favor, Mr. Arabian, Mayor Salamone and Mrs . Thurm; Opposed, Mr. Porter and Mr. Randels . Motion carried. 8 . Discussion Re : Water Concurrency Plan Mayor Salamone advised that this item was discussed at the Special Workshop Meeting and it was decided that no action was necessary at this time . Mrs. Thurm moved to table . Mayor Salamone seconded motion. Motion carried unanimously. 9. Discussion Re: Letter to DCA Concerning Port/City Develop- ment Plan Cooperation Mayor Salamone distributed a copy of a draft letter to the Commissioners of the Canaveral Port Authority inviting them to a joint meeting with the City Council . Discussion followed. A tentative date of July 10th was set for the combined meeting. Mr. Arabian moved to mail the letter to the Canaveral Port Authority. Mr. Porter seconded motion. Motion carried unani- mously. 10. Discussion Re: Revision to City Charter City Council Regular Meeting June 5, 1990 Page 3 of 7 11 . Discussion re : MPO Bicycle Pedestrian Coordinator Funding Requesting 12. Discussion Re : East Central Florida Regional Planning Council REsolution regarding Affordable Housing 13. Discussion Re : Adoption of Hurricane Construction Manual 14. Discussion Re: Comp Plan Revision Mayor Salamone moved to table items 10 through 14 since they were discussed at the Special Workshop meeting held on June 4th. Mrs. Thurm seconded motion. Motion carried unanimously. ito ADD-ON ITEMS 15. Resolution No. 90-31 - A Joint Resolution with the City of Cocoa Beach Encouraging the State to Locate a "Magnet" School in Cocoa Beach A JOINT RESOLUTION OF THE CITIES OF COCOA BEACH AND CAPE CANAVERAL, FLORIDA, ENCOURAGING THE STATE OF FLORIDA TO LOCATE A RESIDENTIAL "MAGNET" SCHOOL FOR MATH AND SCIENCE STUDENTS IN THE CITY OF COCOA BEACH. Mrs. Thurm moved to add this item to the agenda. Mr. Arabian seconded motion. Motion carried unanimously. Mayor Salamone read the title of the Resolution. Mrs. Thurm moved for adoption. Mr. Porter seconded motion. Discussion followed. Vote on the motion was unanimous. 16. Resolution No. 90-32 Supporting a Grant Application for Federal Anti-drug Funds A RESOLUTION SUPPORTING A GRANT APPLICATION FOR FEDERAL ANTI-DRUG FUNDS ; PROVIDING AN EFFECTIVE DATE. Mrs . Thurm moved to add this item to the agenda. Mr. Arabian seconded motion. Motion carried unanimously. Mayor Salamone read the title of the Resolution. Mrs . Thurm moved for adoption. Mr. Randels seconded motion. Mr. Nicholas explained that Brevard County had requested the City adopt this Resolution prior to the next County Commission meeting which will be held on June 19th. Discussion followed. Vote on the motion was unanimous . Resolution No. 90-32 was adopted. Mr. Porter suggested that Council address the issue of Mr. [0 Nicholas ' appeal on the Commission on Ethics charge being denied. Mrs. Thurm contended that this item was of sufficient nature that it should be properly placed on the agenda and acted on at that time . Discussion followed. Mr. Arabian moved for an add-on item. Mr. Porter seconded motion. Vote on the motion was as follows: In favor, Mr. Arabian, Mr. Porter and Mayor Salamone; Opposed, Mr. Randels and Mrs. Thurm Mr. Arabian made a motion that Mr. Nicholas be dismissed because of lack of decision on appeal . Mr. Porter seconded motion. Mrs . Thurm raised the question of the legality of acting on this item without allowing Mr. Nicholas to have legal counsel present. City Council Regular Meeting June 5, 1990 Page 4 of 7 Mr. Porter asked Mr. Nicholas if he would rather have the item placed on the agenda or deal with it at this time. Mr. Porter also asked Mr. Theriac ' s opinion of whether or not action should be taken on this item at this time. Mr. Theriac advised that Mr. Nicholas was an employee at will and Council does have authority to dismiss him. He further advised that although Section 271 . 15 of the City Code allows for add-on items, due to the gravity of the situation, unless Mr. Nicholas waives his procedural due process, he may have legal recourse. Mr. Nicholas explained that it was his opinion that he had already been tried, judged, found guilty and penalized, by a previous Council and now the present Council is sitting as judges on the case and want to impose a stiffer penalty than previously imposed. He further noted that if Council was going to proceed with this action they need to consider the imposition on the present City staff . He also requested that if his employment were terminated, he would like an indication of when it would take place. Mr. Randels and Mrs . Thurm spoke in favor of letting the penalty imposed by the previous Council stand. Mr. Randels pointed out that the item would not be up for consideration if Mr. Nicholas had not appealed the Commission on Ethics decision. Discussion followed on whether or not Council could revisit the issue . Mr. Theriac advised that the opinion rendered by Attorney Peters stated that there was no law on this issue, and if the Council requests an answer they need to request an Attorney General 's Opinion. Mr. Arabian and Mr. Porter voiced the opinion that Mr. Nicholas should be dismissed because of the ethical violation. Mr. Charley Matheson and Mr. George Hutchinson requested Council take action on the motion on the floor. Mayor Salamone pointed out that she had personally requested this item be postponed until all Council Members were present and that there was no intent to do anything sneaky or under- handed. At this time, Mayor Salamone called a five-minute recess . The meeting was reconvened at 10: 20 P.M. In response from a question by Mr. Theriac , Mr. Nicholas noted that he would waive procedural due process based on this being an add-on item to the agenda. Mrs . Leeser asked the Council members to consider their actions [10, in that the City was in the middle of the budget process and that a balanced budget must be presented to the State in September. She further noted that even though she had acted in the capacity of Acting City Manager in the past she did not wish to do so at this time. Mr. Randels contended that the Council was rendering an addi- tional penalty up and beyond what the Commission on Ethics had recommmended. Mr. Porter suggested a phase-out program. Mr. Nicholas noted that Mr. Porter was pre-supposing the vote. Vote on the motion to dismiss Mr. Nicholas was as follows: In favor, Mr. Arabian, Mr. Porter and Mayor Salamone ; Opposed, Mr. Randels and Mrs . Thurm. Motion carried. City Council Regular Meeting June 5, 1990 Page 5 of 7 Mayor Salamone explained that based on the vote just taken, there needed to be three add-on items : ( 1 ) When the dismissal would take place, ( 2) an Interim City Manager, and ( 3 ) Advertising for a new City Manager. Mayor Salamone noted the first add-on item would be to decide when the dismissal was . Mr. Randels moved for the add-on item. Mr. Arabian seconded motion. Vote on the motion was as follows: In favor, Mr. Arabian, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mrs . Thurm. Motion carried. Mayor Salamone advised she needed a motion for a date of termin- ation for Mr. Nicholas . Mayor Salamone moved that based on the reason for the termination, the termination be immediate. Mr. Arabian seconded motion. Mr. Porter noted that normally when an employee is dismissed you have to be concerned what they will do but he did not have that concern with Mr. Nicholas. Discussion followed. Mr. Nicholas reiterated he would help the City in any way he could and he would do whatever the Council wished. Mayor Salamone voiced the opinion that the dismissal should be imme- diate. Discussion followed. Vote on the motion on the floor was as follows: In favor, Mr. Arabian and Mayor Salamone; Opposed, Mr. Porter, Mr. Randels and Mrs. Thurm. Mayor Salamone advised that the motion failed and she needed another motion for a when. Mr. Porter moved that the Council give Mr. Nicholas two weeks to tie up his personal business affairs at City Hall and give him ample time to discuss things with his staff . Mr. Arabian seconded motion. Discussion followed. Vote on the motion was as follows: In favor, Mr. Arabian, Mr. Porter and Mr. Randels; Opposed, Mayor Salamone and Mrs . Thurm. Motion carried. Mayor Salamone moved that there be an add-on item for an Interim City Manager. Mr. Arabian seconded motion. Vote on the motion was as follows : In favor, Mr. Arabian, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mrs . Thurm. Motion carried. Mayor Salamone moved that based on Mrs . Leeser's comments that Mr. Boucher be the Interim City Manager. Mr. Arabian seconded motion. Mayor Salamone noted that she had briefly discussed the appointment with Mr. Boucher and stated for the record that Mr. Boucher would enjoy security in his job as Finance Director while acting in the capacity of Interim City Manager. Discus- sion followed when the appointment would take place and Mayor Salamone noted it would be immediate. Vote on the motion was as follows: In favor, Mr. Arabian, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mrs . Thurm. Motion carried. Mayor Salamone requested an additional add-on item for adver- tising for a new City Manager. Mr. Randels so moved. Mr. (11, Arabian seconded motion. Vote on the motion was as follows : In favor, Mr. Arabian, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mrs . Thurm. Motion carried. Mayor Salamone moved that the Council advertise immediately for the position of City Manager of the City of Cape Canaveral. Mr. Arabian seconded motion. Discussion followed on where to adver- tise and the proposed salary range . Mr. Randels suggested a Special Meeting be called to establish criteria for the advertising of a new City Manager. Vote on the motion on the floor was as follows: In favor, Mr. Arabian, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mrs . Thurm. Motion carried. Mr. Arabian moved for an add-on item for a Special Meeting. Mr. Porter seconded motion. Vote on the motion was as follows: In City Council Regular Meeting June 5, 1990 Page 6 of 7 favor, Mr. Arabian, Mr. Porter, Mr. Randels and Mayor Salamone; Opposed, Mrs. Thurm. Motion carried. Mayor Salamone moved that there be a Special Meeting on Thursday, June 7th at 7 : 30 for the following: ( 1 ) Advertising for a new City Manager ( 2 ) Resolution Re: Mr. Boucher 's salary in the interim. ( 3) Discussion Re: Compensation to Mr. Nicholas for work prior to termination date. Mr. Arabian seconded motion. There being no further business, the meeting was adjourned at 10: 58 P.M. Approved this 19th day of June , 1990. 40..„ (2. S, oe, , 41 Mi 0 C . Ir`rerk - I/ City Council Regular Meeting June 5, 1990 Page 7 of 7