CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Council Member Burt Bruns
Mayor Pro Tem Bob Hoog
Council Member Leo Nicholas
Council Member Buzz Petsos
Mayor Rocky
Randels
Others Present:
City Manager
City Clerk Susan
Stills
Building Official Todd
Morley
Public Works Director Ed Gardulski
Assistant Public Works Director Walter Bandish
PRESENTATION:
Dr. Wright introduced Ms. Jana
Jasinski and proceeded with a handout of the presentation. He informed that the sample size was 438 with
a margin plus or minus 4 percentage points.
Dr. Wright noted that the sample reflects the City’s demographics. He informed that
He informed that respondents
overall felt satisfied with the business/ residential mix. He reported the need for restaurants, grocery
stores and a moderately priced department store. Dr. Wright replied that people asked for less
tourism related industries and tattoo shops.
He informed that less than 1 in 4 frequent local restaurants. He informed that more parks and green spaces,
establishing a town center and traffic reduction were also stated to improve
the quality of life. The concept of a
town center was favorable. Mr. Bruns
commended the survey consultant that telephoned his home on her
professionalism. Mayor Randels noted the
data collection efficiency and commended Dr. Wright that the City was given a
preliminary draft until satisfied with the product. Dr. Wright informed that the City could
request the data in several formats.
Mr. John Peker, City Engineer, asked
if household income played a part in the survey with the new influx of people.
Dr. Wright responded that the Council chose to remove the question on household
income from the survey. Mr. Boucher
asked if there were a way to extract the data related to the moratorium. Dr.
Wright replied that he could field the data in order to reveal the respondents who
replied to the moratorium issue. A resident noted that the survey revealed the
need for more restaurants. Mayor Pro Tem
Hoog expressed that the survey also showed that people do not want the
population growth. Ms. Shannon Roberts
pointed out the desire for a town center.
Mayor Randels informed that the Planning and Zoning Board proposed a new
C-2 zoning that allowed for additional types of businesses. A resident asked if there were any survey
questions related to senior needs. Mayor
Randels concluded that the questions were focused on finding out if the
citizens desired more businesses in the community.
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Resolution No. 2006-21; Appointing an
Alternate Member to the Business & Cultural Development Board (Alison
Spiesman).
3. Resolution No. 2006-22; Appointing an
Alternate Member to the Code Enforcement Board (Lynn Mars).
Mayor Randels asked if Council, staff or any
interested party desired to remove any of the items for discussion.
The City Clerk noted a correction to Item No. 8 to
reflect that the motion to insert Shannon Roberts as the successor to the
Council seat for Jim Morgan failed 4-0.
The correction would be inserted on the approved minutes.
A motion was made by Mr. Petsos and seconded by Mayor
Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
4. Motion
to Approve: Canceling the
Mayor
Randels explained that the meeting is usually held on Tuesday, however that is
July 4th and a holiday; therefore, any meeting scheduled on a
holiday would occur on the following day.
However, the City Manager proposed to cancel the meeting due to the
City’s hosting the Chamber of Commerce, Wednesday-Friendsday that evening.
A motion was made by
Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Canceling the Regular
City Council Meeting Scheduled for
July 5, 2006. The vote on the motion
carried 5-0 with voting as follows: Mr.
Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and
Mayor Randels, For.
5. Motion
to Approve: Application for Satisfaction
or Release of Code Enforcement Lien; Timothy Seppi,
Mayor
Randels explained that on May 25th the Code Enforcement Board
recommended that the City Council release the above-mentioned lien. He stated that although the issue was
resolved the City felt that Mr. Seppi should pay the administrative cost of
$377.00.
A motion was made by Mr.
Petsos and seconded by Mr. Bruns to Approve An Application for Satisfaction or
Release of the Code Enforcement Lien for Timothy Seppi,
6. Motion
to Approve: Agreement with T-N-T Events
to Coordinate All Elements for the
Mayor
Randels explained that the Business and Cultural Development Board chose
T-N-T Events to promote the first annual Art Festival at the
Ms.
Branford informed that most cities allowed for off-site signage for a specific
number of days with prompt removal without violation. She asked if signage were allowed on public
property. Mayor Randels stated the City
does not allow for such signage. Ms. Branford
expressed concern with the general public finding the location. She also asked
if it were possible to place notice of the event with the utility billing. Mayor Randels replied that the City would
assist with advertising. Attorney
Garganese stated that the Board needed a more formalized agreement to cover the
indemnity and hold harmless provisions.
Ms. Branford informed that her insurance company would supply a
Certificate of Coverage within 60 days of the event. Ms. Branford replied to Mr. Nicholas that she
received a fee from the exhibitors and she would also receive funds from
sponsorship and her profit is derived from that revenue. Ms. Branford informed that she had secured 60
exhibitors. She reported that the
showing in
A motion was made by Mr.
Petsos and seconded by Mayor Pro Tem Hoog to Approve the Agreement with T-N-T
Events to Coordinate All Elements for the Cape Canaveral Art Festival March 31
and
7. Motion to Approve: Sole Source Purchase of Sewage Pumps and
Control Panel from
Mayor Randels explained that
the purchase would replace two, 16-year-old centrifugal pumps. Mr. Walter Bandish, Assistant Public Works
Director, replied that the pumps would still be located above ground due to a
too small wet well. Mayor Pro Tem Hoog
requested that the department seek an underground pump in the future. Mr. Moe LaDuke asked if the City would need
to go to the same sole-source vendor in case of disrepair. Mr. Bandish replied that parts are available at the plant and there
are primary and secondary levels of operations in case of failure. Mr. LaDuke, on behalf of the Treasure Island
Club Condominiums, thanked the Council for their attention to this project and
especially thanked the Mayor for responding to their distress call.
A motion was made by Mr.
Bruns and seconded by Mayor Pro Tem Hoog to Approve a Sole Source Purchase of
Sewage Pumps and Control Panel from Hudson Pump & Equipment in the Amount
of $14,064. The vote on the motion
carried 5-0 with voting as follows: Mr. Bruns,
For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor
Randels, For.
8. Motion to Approve: Cooperative Purchase for the Installation of
Sewage Pumps and Control Panel to J & H Waterstop, Inc. in the Amount of
$43,700.
Mayor Randels explained that
the City has a cooperative purchase with the City of
A motion was made by Mr.
Bruns and seconded by Mr. Petsos to Approve a Cooperative Purchase for the
Installation of Sewage Pumps and control Panel to J & H Waterstop, Inc. in
the Amount of $43,700. The vote on the
motion carried 5-0 with voting as follows:
Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos,
For and Mayor Randels, For.
9. Motion to
Approve: Designation of a Voting
Delegate for the
Mayor Randels announced that
the Florida League of Cities Annual Conference would be held in
A motion was made by
Mayor Randels and seconded by Mr. Petsos to Approve a Designation of Bob
Hoog as the Voting Delegate for the Florida League of Cities Annual
Conference. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
10. Motion to Approve: Proposal for Design Construction Drawings of
Stormwater Improvements to the North Central Ditch by Stottler, Stagg &
Associates in the amount of $53,000.
Mayor Randels explained that
the Public Works Department staff secured up to $400,000 in a 319 Stormwater
Grant for drainage improvements to the canal.
Mr. Bruns questioned the overall plan’s intent. Mr. Ratliff explained that a retention area
would be constructed above two main pipes.
He described the results as a drainage swale. Mr. Ratliff informed that other amenities are
also planned. Mr. Petsos expressed
concern in creating a potential flood hazard.
Mr. Ratliff replied that the size of the pipes should prevent any
flooding and he would address any potential hazards with the City Engineer
using the computer-generated models. Mr.
Petsos asked why a 25-year design and why not one based on the 100 year
floodplain. Mr. Ratliff replied that
they would use the 25-year design using the pop-off valves and the intent was
to keep the fresh water out of the river.
A motion was made by Mr.
Bruns and seconded by Mayor Pro Tem Hoog to Approve a Proposal for Design
Construction Drawings of Stormwater Improvements to the North Central Ditch by
Stottler, Stagg & Associates in the amount of $53,000. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
11. Motion to Approve: Participation in the Community Development
Block Grant Urban
Mayor Randels explained that
Federal funding is made available every three years; however, in the past the
City turned the funding over to the County since the City is not a designated
entitlement city. Mr. Boucher reported that
A motion was made by Mr.
Petsos and seconded by Mr. Bruns to Opt Out of Participation in the
12. Motion to Approve: Proposal for the Demolition of the Building
Located at
Mayor Randels cited the building location. He stated that the applicant chose to take
action; however, if the applicant did not follow through then the City would prevail
on the demolition. Mr. Boucher replied
that he would establish the demolition contract if the applicant did not take
action by July 1.
A motion was made by Mr.
Petsos and seconded by Mayor Pro Tem Hoog to Approve a Proposal That Authorizes
the City Manager to Take Action on Demolition of the Building Located at 8200
Astronaut Boulevard in the Amount of $10,200 if Magma Trading Does Not Proceed
with Demolition by July 1. The vote on
the motion carried 5-0 with voting as follows:
Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos,
For and Mayor Randels, For.
ORDINANCES: Second
13. Motion
to Adopt: Ordinance No. 03-2006; at
Second
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; PROVDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
There was no public comment.
A motion was made by Mr. Petsos and seconded
by Mr. Bruns to Adopt Ordinance No. 03-2006 at Second
14. Motion to Adopt:
Ordinance No. 04-2006, at Second
Mayor Randels read Ordinance No. 04-2006 by
title.
AN ORDINANCE OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 110, ZONING, OF THE CODE OF ORDINANCE, 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
EFECTIVE DATE.
There was no public comment.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Adopt Ordinance No. 04-2006 at Second
15. Motion
to Adopt: Ordinance No. 05-2006, at
Second
Mayor Randels read Ordinance No. 05-2006 by
title.
AN ORDINANCE 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 THEREFORE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE
CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Attorney Garganese
stated that this amendment created consistent language between the City code
and the
There was no
public comment.
A motion was made by Mayor Pro Tem Hoog and
seconded by Mr. Bruns to Adopt Ordinance No. 05-2006 at Second
16. Motion
to Adopt: Ordinance No. 07-2006, at Second
Mayor Randels read Ordinance No. 07-2006 by title.
AN ORDINANCE OF THE CITY OF
Mayor
Randels explained that the Florida Statutes required the governing body, the
City Council, to make final decisions on the Preliminary Plats. Attorney Garganese stated the need for one
small conforming amendment to Section 110-442, to strike Planning and Zoning
Board and insert City Council.
There was no public comment.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Adopt Ordinance No. 07-2006 at Second
17. Motion to Adopt: Ordinance No. 08-2006 , at Second
Mayor Randels read
Ordinance No. 08-2006 by title.
AN ORDINANCE
OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 26, ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING
PERIOD FOR CANDIDATES FOR THE OFFICES OF THE MAYOR AND CITY COUNCIL TO BE
CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS;
REPEALING QUALIFICATION PERIOD REQUIREMENTS FOR WRITE-IN CANDIDATES; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Attorney Garganese explained that under Florida Statutes there was no
provision for write-in candidates in municipal elections and legal counsel advised
to strike the language from the City code.
He explained further that in municipal election candidates must qualify
prior to adding their names to the ballot.
There was no public comment.
A motion was made by Mayor Randels and
seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 08-2006 at Second
5-0 with voting as follows: Mr. Bruns,
For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor
Randels, For.
18. Motion to Adopt:
Ordinance No. 09-2006, at Second
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 GREATER THAN ONE (1) GALLON (128 OUNCES) IN
CAPACITY; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels informed that the Council’s intent was
a proactive step to limit kegs on the beach.
A resident asked if there were any restrictions on alcoholic beverages
in glasses. Mayor Randels replied that
glass was not allowed on the beach under a violation of misdemeanor and subject
to a fine.
A
motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No.
09-2006 at Second
ORDINANCES:
First
19. Motion
to Approve: Ordinance No. 06-2006, at First
Mayor
Randels read Ordinance No. 06-2006 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
PROVIDING FOR A
REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE
Mayor
Randels summarized that the intent of the ordinance was to provide for the
highest standards of conduct of City Council members. He read the criteria for the grounds of
removal. Mayor Pro Tem Hoog stated that
the Ballot language does not include a person who has already been
charged. Attorney Garganese replied that
this amendment applied after the person has been elected. He explained that a person has to be a
registered elector to vote and subsequently run for public office. Mayor Pro Tem Hoog stated that this would
make the Council a judge after the fact.
Mr. Petsos stated that, 1) a person who did not have their rights
adjudicated could not run for office, and 2) the Governor could remove a public
official if they were charged with an ethics violation or convicted of a felony. Attorney Garganese affirmed and stated that
the citizens also have a right to remove a public official through Petition for
Recall. Discussion followed on
circumstances for the Governor to act. Mr.
Nicholas brought out that the Commission on Ethics could make a recommendation for
removal to the municipality. Attorney
Garganese stated that the City Charter does not provide for a due process
procedure. Mr. Nicholas asked if there
were any way for the Council to forego the provision to act on removal. Attorney Garganese explained that a person
would continue to serve until some action is taken by the Council or by the
citizens through Petition to Recall.
Mr.
Bruns questioned how the Council could decide what is malfeasance? Attorney Garganese replied that the State
Attorney’s Office would proceed to convict and the Council would use that
information to proceed with removal. Mr.
Bruns noted that the language did not read, “Mayor and City Council.” Attorney Garganese replied that the language
was inclusive for the 75 word minimum. Discussion
continued on the proposed criteria to determine what would become an ethics
violation. Attorney Garganese noted that
a list of ethics violations was within legal counsel’s research. Mayor Pro Tem
Hoog expressed that he was not in favor of the Council acting as the sole judge
and jury. Mr. Petsos expressed that the existing
City code was adequate based on the Ethics Commission procedures for violations. Mr. Nicholas added that the City Council may
exceed the Commission’s recommendation to remedy a violation. Attorney
Garganese stated that there was a general treatise that City Council was
empowered by Charter to self-govern on behalf of the citizens. Council
agreed and concluded that the existing City Charter language was adequate.
There was
no public comment.
THE
ORDINANCE FAILED FOR LACK OF A MOTION.
A motion was made by Mr. Nicholas and seconded by Mayor Randels to
extend the meeting until 10:15 P.M. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr.
Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
REPORTS:
City Manager
·
Mr.
Boucher reported that Coastal Fuels planned to install two substantially
large fuel tanks on their property. A Special Exception meeting was scheduled for
Wednesday, July 12th and 7:30 P.M.
·
Mr.
Boucher reported that while attending a meeting at the
·
Mr.
Boucher reported on the
·
Mr.
Boucher reported that the milling began on the
·
Mr.
Boucher reported on the sidewalk installation at the Radisson.
·
Mr.
Boucher reported that the fireworks message boards have been set in place.
·
Mr.
Boucher expressed the need for a joint meeting with the Planning and Zoning
Board on the moratorium issue. He
directed that the City Clerk’s office call and schedule a joint workshop
meeting for the last week in June.
·
Mr.
Boucher announced that Financial
Disclosures were due on July 1 and
a daily fine is administered if late.
City Clerk
·
No
report.
City Attorney
·
No
report.
AUDIENCE TO BE HEARD:
·
Ms.
Roberts announced Ms. Susan Cossey, Director of Tenant Relations at the
·
Ms.
Joyce Biery encouraged the Council to continue its dialogue with the
City of Cocoa Beach relating to the
·
Ms.
Roberts announced that Coastal Fuels addressed some the neighboring property
owners on their proposed tank
installation.
CITY COUNCIL
Council Member Bruns
·
No
report.
Council Member Nicholas
·
No report.
Council Member Petsos
·
Mr.
Petsos thanked staff for their success
on the sidewalk issue.
·
Mr.
Petsos announced that former City Council Member Tony Hernandez was seeking a
Mayor Pro Tem Hoog
·
No
report.
Mayor Randels
·
Mayor
Randels reported that the Secretary of
Transportation agreed to the left turn lane light at State Road A1A and
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 10:15 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CMC, City Clerk