CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to
order at 7:00 P.M.
Mayor
Randels called for a moment of silence on behalf of Sheriff’s Deputy Dale
Hendricks for his beneficial role in the
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Others Present:
City Manager Bennett
Boucher
City Attorney Anthony
Garganese
City Clerk Susan
Stills
Building Official Todd
Morley
Public Works Director Ed Gardulski
PRESENTATION:
Mayor Randels read the
acknowledgement on behalf of resigning Council Member
James E. Morgan.
BOARD INTERVIEWS:
Mayor Randels called on Mr.
Lynn Mars to answer the City Attorney’s questions. Mr. Lynn Mars affirmed that the information
on his application was true and correct.
He stated that he had no problem citing residents for Code
violations. Mr. Mars informed that he
worked for 25 years with the NASA Board for project quality assurance. Mr. Petsos expressed that Mr. Mars displayed
a deep concern for the City and its quality of life. Mayor Randels thanked Mr. Mars for his
interest in serving on the Board. The
Mayor explained that a Resolution to formally appoint him to the Board would be
placed on the following City Council Agenda.
Mayor
Randels called on Ms. Alison Spiesman to answer the City Attorney’s questions.
Ms. Spiesman affirmed that the information on her application was true and
correct. She stated that she has formal
training in the Arts and this Board is best suited for her interest. Ms. Spiesman related that she is also
interested in the
on the following City Council Agenda.
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
Mayor Randels asked if Council, staff or any
interested party desired to remove any of the items for discussion.
No request was made to remove the item for
discussion.
A motion was made by Mr. Petsos and seconded by Mayor
Pro Tem Hoog to Approve Consent Agenda Item No. 1. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
2. Motion to Approve: First Amendment to the Interlocal Agreement Creating the Brevard Metropolitan Planning Organization.
Mayor Randels explained how the Brevard County Metropolitan Planning
Organization [MPO] receives funding from various sources to complete countywide
transportation projects. He related that
the City of Cocoa Beach would share its voting seat with the City of
A motion was made by Mr.
Petsos and seconded by Mayor Pro Tem Hoog to Approve the First Amendment to the
Interlocal Agreement Creating the Brevard Metropolitan Planning
Organization. The vote on the motion
carried 4-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
3. Motion to Approve: Cooperative Purchase of a Bucket Truck in the
amount of $59,386.
Ed Gardulski, Public Works
Director, informed that the existing bucket truck was inoperative. He explained that the proposed truck was
versatile and could be used to place banners, trim trees and when needed assist
with Building Department inspections.
Mr. Nicholas asked if this purchase was the third bucket truck for the
City. Mr. Gardulski affirmed. Discussion
established the truck height as 40-feet.
Mr. Petsos noted the need for the proposed
A motion was made by
Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the Cooperative
Purchase of a Bucket Truck in the amount of $59,386. The vote
on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For,
Mr. Petsos, For and Mayor Randels, For.
4. Motion to Approve:
Mayor Randels questioned why the Public Works
Director chose
A motion was made by Mr. Petsos and seconded
by Mr. Nicholas to Approve the
ORDINANCES: First Public Hearing:
5. Motion to Approve:
Ordinance No. 03-2006; at First
Mayor Randels read Ordinance No. 03-2006 by
title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 110, ARTICLE IV, DIVISION
2, REGARDING ALCOHOLIC BEVERAGES; PROVIDING FOR PATRONS OF RESTAURANTS LICENSED
TO SELL ALCOHOLIC BEVERAGES TO REMOVE ONE UNSEALED BOTTLE OF WINE FROM THE
PREMISES IF PURCHASED AND PARTIALLY CONSUMED WITH A FULL COURSE MEAL; PROVIDING
FOR THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS FOR CERTAIN CONVENTION
HALLS, COLISEUMS, AND SIMILAR TYPE BUILDINGS, AS WELL AS FOR CERTAIN NONPROFIT
CIVIC ORGANIZATIONS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INFORPORATION INTO THE
CODE; SEVERABLITY; AND AN EFFECTIVE DATE.
Mayor Randels reviewed the amendment that reflects Florida Statutes by which
a person may transport an unsealed bottle of wine if purchased and partially
consumed from a restaurant’s premises. The amendment also includes the criteria
for issuing temporary alcoholic beverage permits for non-profit civic
organizations and temporary convention exhibits.
There was no public comment.
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve Ordinance No. 03-2006 at First
6. Motion to Approve:
Ordinance No. 04-2006, at First
Mayor Randels read Ordinance No. 04-2006 by
title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, CLARIFYING
THE PERMITTED USES AND STRUCTURES IN THE C-1 LOW DENSITY COMMERCIAL ZONING
DISTRICT WITH REGARD TO HOTELS AND MOTELS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN
EFFECTIVE DATE.
Mayor Randels explained that this amendment inserts
a clearer definition for hotel limitation to150 units under Principle Uses to
City Code Section 110-332, Item (4). He
also explained that this amendment would clarify City Code Section
110-171(a)(2)(b) of 150 units.
There was no public comment.
A motion was made by Mayor Pro Tem Hoog and
seconded by Mr. Petsos to Approve Ordinance No. 04-2006 at First Public
Hearing. The vote on the motion carried
4-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
7. Motion to Approve:
Ordinance No. 05-2006, at First
Mayor Randels read Ordinance No. 05-2006 by
title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 110, ARTICLE III, DIVISION
3, REGARDING CERTIFICATES OF OCCUPANCY; CLARIFYING THAT NO STRUCTURE SHALL BE
USED OR OCCUPIED UNTIL THE BUILDING OFFICIAL HAS ISSUED A CERTIFICATE OF
OCCUPANCY; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels explained that the amendment would
correct the language to read, ”no building or structure shall be used or
occupied, or no change in the existing occupancy classification of a building
or structure or portion thereof shall be made until the building official
has issued a certificate of occupancy
therefore.” The former language specified that the building could not be used;
however, the amended language addresses occupancy. Attorney Garganese clarified that the
language adds a provision in the City code that is consistent with the Florida
Building Code.
There was no public comment.
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve Ordinance No. 05-2006 at First Public Hearing. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
8. Motion to Approve:
Ordinance No. 09-2006, at First
Mayor Randels read
Ordinance No. 09-2006 by title:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES;
PROHIBITING THE POSSESSION OF ALCOHOLIC BEVERAGES ON THE OCEAN BEACH OR DUNE IN
CONTAINERS _____ OR GREATER IN CAPACITY;
PROVIDING FOR THE REPAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels explained that the City of Cocoa Beach
has limited alcoholic beverage container size on its beach to greater than one
gallon. Therefore, the Council proposed
to limit consumptive use on
A motion was made by Mr. Petsos and seconded
by Mr. Nicholas to Approve Ordinance No. 09-2006 at First Public Hearing. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
Attorney Garganese
pointed out that the
Mr. Petsos amended his stated
motion to read: “greater than one gallon.”
Mayor Randels re-read Ordinance No. 09-2006 with the
amended language in the title.
AN
ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING
CHAPTER 6, ALCOHOLIC BEVERAGES; PROHIBITING THE POSSESSION OF ALCOHOLIC
BEVERAGES ON THE OCEAN BEACH OR DUNE IN CONTAINERS GREATER THAN ONE GALLON; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mr. Mars asked if the Council also planned to
address banning cigarette smoking on the beach.
Mr. Petsos replied that the Council would monitor activity in light of
RESOLUTION:
9. Motion to Approve: Resolution No. 2006-20; Final Replat of
Beroja Palms Townhomes: Replat of Lot 7,
Block 70, Avon by the Sea Subdivision - (223 & 225
Mayor Randels read Resolution No. 2006-20 by
title.
A
RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUTY, FLORIDA; APPROVING THE FINAL REPLAT OF “BEROJA PALMS
TOWNHOMES”; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor
Pro Tem Hoog disclosed that he filed a Voting Conflict Form as the electrician
of record for the project. Mayor Randels
explained that this is a subdivision of the lots at
A
motion was made by Mr. Petsos and seconded by Mr. Nicholas to Adopt Resolution
No. 2006-20. The vote on the motion carried 3-0 with
voting as follows: Mayor Pro Tem Hoog,
Abstain; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
DISCUSSION:
10. Vacant Council Member Seat.
Mayor Randels explained that Mr. Morgan’s
resignation from the Council initiated this request for a successor to complete
his term. He stated that eleven
applicants submitted Letters of Interest subsequent to an advertisement on May
13th in the Florida Today newspaper.
Mayor Randels suggested that the Council propose three questions for the
City Attorney to ask each candidate separately in order for each person to be
fairly heard. Mr. Nicholas stated that
he preferred to interview the candidates. Mr. Petsos reminded that the
successor would complete a four-month term and the Council was nearing the
City’s budget season. Mayor Pro Tem Hoog
questioned who of the candidates was present in the audience and requested that
they be recognized. Mayor Randels
announced the names on the Letters of Interest alphabetically: Burt Bruns, Jack Childs, Bill Flack, Kelly
Sweet-Jensen, Judith Lau, Peter Nichols, Richard Renaud, Shannon Roberts,
Dexter Rogers, Craig Stewart and Gary Wolford. [Bill Flack and Dexter Rogers
both contacted Mayor Pro Tem Hoog and asked to be excused.]
Mr. Petsos restated the need for experience due to
the upcoming visioning session and Budget Workshops. Mayor Pro Tem Hoog agreed with Mr. Petsos and
added that there were many qualified applicants and Council needed to act
expeditiously. Mr. Petsos expressed that those who were not chosen have the
opportunity to run for office in November or to serve on a City Board. Mr. Ray Osborne asked if there were any
community involvement in making the selection.
Mr. Bob Carney pointed out that the news article in the Florida Today
stated that the Council would interview, select and appoint a member at this
meeting. Mayor Randels confirmed that
the paid display advertisement posted similar language. Discussion followed on making a selection
at this meeting.
Ms. Shannon Roberts expressed concern for the
applicants who were not present. Ms.
Judith Lau suggested that the Council prioritize the order of the applications
submitted. Attorney Garganese explained that under Robert’s Rules of Order,
Council members could nominate someone and continue in rounds of voting until
someone is selected.
Mr. Nicholas questioned if the candidates stated their budget expertise. He expressed that his main criteria was to
not select an applicant who was a builder, contractor or a real estate person
in the City. He preferred a more diverse
Council. Mayor Pro Tem Hoog expressed
his disagreement with Mr. Nicholas’ statement saying that the Council’s vote
was not controlled by any group. Ms.
Kelly Sweet-Jensen requested to remove her Letter from the submittals. Mayor Pro Tem Hoog encouraged her to apply
for a City Board.
The City Manager tallied the Council’s
selections. Mr. Boucher reported that
Burt Bruns received 2(No. 1), 1(No. 3);
Craig Stewart received 2(No. 2), 1(No. 3); Shannon Roberts received 1(No. 1) 1(No. 2),
2(No. 3); Judith Lau – 1(No.1), 1(No. 2).
Attorney Garganese advised that the Council could hear from the
applicants and cast a vote if three of them agreed on any one person. Discussion followed on the voting process and
how Council would reach a consensus. The Council prioritized their selections
in a second round of voting. Mr.
Boucher reported that Ms. Roberts received 2(No.1), 1(No. 2), 1(No. 3), Ms. Lau
received 2(No. 2), Mr. Bruns received
2(No.1), 1(No. 3) and Mr. Stewart received 1(No. 2), 2(No. 3) . The next round would be between the two
candidates who scored 2(1). Council prioritized their selections in a third
voting round. Mr. Boucher reported a tied score between Mr. Bruns and Ms.
Roberts. Ms. Lau suggested asking
the finalists some questions.
Mayor Pro Tem Hoog stated that Mr. Bruns had
previous experience and he encouraged the other applicants to run for office in
the General Election. Mr. Petsos stated
also that Mr. Bruns stepped up to complete Steve Miller’s term after his
resignation and he encouraged the other applicants to run for public office or
to serve on a City Board. Mr. Nicholas
stated that he was unaware of Ms. Roberts’ budgeting experience; however, he
was certain that she was qualified to complete the term of office. He expressed
that he would choose her to complete the term. He too encouraged others to
campaign in the General Election. Mayor
Randels stated that he was familiar with Mr. Bruns’ decision making through
past Council experience; however, he would choose Ms. Roberts to gain a divergent
point of view on the Council.
A motion was made by Mayor Pro Tem Hoog and
seconded by Mr. Petsos to nominate Burt Bruns as the successor to Mr.
Jim Morgan for the City Council vacancy.
The vote on the motion carried 2-2 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Nicholas, Against; Mr. Petsos, For and Mayor Randels, Against.
Mr. Petsos related that the Council has a person
available who showed his interest through campaigning. Mayor Pro Tem Hoog agreed and said any others
who were not appointed might try campaigning.
Ms. Roberts informed that she has extensive Federal, State and local
government experience. Mayor Randels
asked Mr. Nicholas if the Council could gain consensus in support of Mr.
Bruns. Mr. Nicholas retracted his vote
of “Against” in the interest of a unanimous vote in support of Mr. Bruns.
A motion was made by Mr. Nicholas and
seconded by Mayor Randels to nominate Shannon Roberts as the successor
to Mr. Jim Morgan for the City Council vacancy.
The vote on the motion carried 4-0 failed 0-4 with voting as
follows: Mayor Pro Tem Hoog, Against ; Mr. Nicholas, Against; Mr. Petsos,
Against and Mayor Randels, Against.
Ms.
Roberts noted that she has an extensive amount of Federal, state and local
government experience to include budgeting and she was currently a Board
member.
A motion was made by Mr. Petsos and seconded
by Mr. Nicholas to appoint Burt Bruns as the successor to Mr. Jim Morgan
for the City Council vacancy. The vote
on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
Attorney Garganese advised that the Mayor adopt
Resolution No. 2006-19 appointing a successor to complete the vacant term of
office by inserting the name Burt Bruns.
Mayor Randels read Resolution No. 2006-19 by title.
A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTED
IN ACCORDANCE WITH CITY CHARTER, ARTICLE III, SECTION 4; ELECTING A SUCCESSOR
COUNCIL PERSON IN ORDER TO FILL THE COUNCIL VACANCY CREATED BY THE RESIGNATION
OF JAMES E. MORGAN; PROVIDING THAT SAID SUCCESSOR COUNCIL PERSON SHALL SERVE ON
THE CITY COUNCIL UNTIL A SUCCESSOR IS DULY ELECTED AT THE
A motion was made by Mr. Nicholas and seconded
by Mayor Pro Tem Hoog to Adopt Resolution No. 2006-19. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog,
For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
Attorney Garganese administered the Oath of Public
Office to Mr. Bruns.
Ms. Lau expressed that the same persons appear to
seek a Council seat and she regarded the Council as a closed body. She said that many new residents have moved
into the City and she expressed the need for an outreach in the community for a
more divergent Council. Ms. Kathy Reakes of the Hometown News expressed that
the Council missed an opportunity to add another perspective, a female, to the
Council. Mayor Pro Tem Hoog responded that
he welcomed a female to run for Council.
Ms. Lau expressed that if a person is not a member
of a trade, such as construction, development or real estate they are not
accounted for on the Council. Mayor Pro
Tem Hoog responded that his profession required manual labor. Ms. Lau restated that an outreach in the
community would welcome public participation in the process. Mayor Pro Tem Hoog stated that he did not
have an adverse viewpoint toward women in public office. Mr. Petsos informed that he supported a
female for the City Council in the previous year; however, she declined. Mayor Randels concluded by encouraging others
to run in the General Election in November.
REPORTS:
1.
City
Manager
·
Mr.
Boucher reported that the
·
Mr.
Boucher reported that Brown and Caldwell completed
the Facilities Maintenance Plan for the Wastewater Treatment Plant.
·
Mr.
Boucher stated that Brown and Caldwell were prepared for the next Council
meeting with a proposed Sewer Rate Study
and a five-year rate model.
·
Mr.
Boucher reported on the replacement
sewage pumps that are above ground due to the small wet wells behind
Treasure Island Club. Mr. Gardulski
affirmed that he informed the Treasure Island Club President.
·
Mr.
Boucher announced a proposal from the City Engineer for the civil engineering work on the drainage
canal project on the next Agenda.
·
Mr.
Boucher announced the
·
Mr.
Boucher informed that he E-mailed a Request for Qualifications for the City
Hall and Police Campus facility.
·
Mr.
Boucher also informed that the Fire Chief would seek qualifications for a
new facility with a firm in
·
Mr.
Boucher reported that the City’s property tax base increased by 37 percent.
·
Mr. Boucher welcomed Mr. Bruns aboard.
2. Staff
Public
Works Director
·
No
report.
City
Clerk
·
No
report.
City
Attorney
·
No
report.
AUDIENCE TO BE HEARD:
·
Mr. Ray
Osborne questioned when the visioning session would occur. Mayor Randels replied that Council would set
a date during this meeting.
·
Mr. Ray
Osborne announced that he invited Dr. Ross McClerney to speak at the Cocoa Beach Library on
Thursday, June 8th on Global Warming.
·
Ms.
Shannon Roberts thanked the Council for their consideration in the
selection process.
·
A
resident encouraged the Council to review the SCAT bus route in light of the proposed decreased width on
3. City
Council
Council discussed a proposed date to
schedule the visioning session. Mr.
Boucher informed that he would invite Dr. Wright to the City Council meeting on
June 20th. The Visioning Workshop was scheduled for
Thursday, June 22nd from 1:00 P.M. to 5:00 P.M.
Council Member Bruns
·
Mr.
Bruns thanked the Council for their confidence.
Council Member Nicholas
·
Mr.
Nicholas asked about the Standards of
Conduct Resolution for the Council and
he expressed concern with an inability to voice his opinion.
Council Member Petsos
·
Mr.
Petsos asked if there were any reimbursed funds
from the County. The City Manager
reported on $30,000; however, there was no reply to the letter to Commissioner
Voltz’ office.
·
Mr.
Petsos expressed his desire to reduce the millage rate.
·
Mr.
Petsos asked to have a large green container at the bus stop on
·
Mr.
Petsos questioned the
·
Mr.
Petsos requested that the City Manager speak with Mr. Bob Baugher on the
sidewalk issue.
·
Mr.
Petsos informed that the City of Cocoa Beach is holding a Special City
Commission meeting on the
·
Mr.
Petsos welcomed Mr. Bruns aboard and
encouraged others to continue to seek public office.
Mayor
Pro Tem Hoog
·
Mayor
Pro Tem Hoog also welcomed Mr. Bruns
aboard and agreed with Mr. Petsos that others should stay involved.
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 10:00 P.M.
_________________________________
Rocky
Randels, MAYOR
________________________________