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HomeMy WebLinkAboutMinutes 01-03-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 3, 2006 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7 :00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Council Member Mayor Others Present: Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Public Works Director Ed Gardulski Mayor Randels announced to attendees who were present for Item No. 13 that the item would be tabled until the next scheduled City Council meeting. Mr. Boucher responded to Mr. Petsos that there was discrepancy over an item that needed staff review. Mayor Randels noted the passing of Mr. William Bennix a long time City resident and local developer and builder. He acknowledged Mr. Bennix's contributions to the Cape Canaveral Volunteer Fire Department and City beautification efforts. PRESENTATION: Holiday Beautification Awards Mayor Randels called on Ms. Mary Jo Laws, Beautification Board Chairperson, to present the awards. Mayor Randels proposed to take and submit photos to the local newspaper. Ms. Laws recognized Mr. and Mrs. Pete Nicks in the single -- Family category. The Nicks were not in attendance and their award will be forwarded. She presented an award to Ms. Joanne Smally in the Multi - Family category. Ms. Smally acknowledged the efforts of all City of cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 2 of 12 families involved in the decorating. Ms. Laws then presented an award to Mr. Ed La q uori from Tip A - l" ew Tavern in the Commercial category. Ms. Lavers expressed the Boards appreciation to the winners. Mayor Randels acknowledged the gift of a ceramic peacock from Ms. Collette Cannon. Ms. Cannon stated that she would like to see the peacock as the City of Cap Canaveral official bird. Mayor Randels presented the gift to the City Manager and then read Ms. Cannon's letter that expressed her thoughts on the history of peacocks in the community. y CONSENT AGENDA- 1. City Council Regular Meeting Minutes of December fi, 2005. 2. Resolution No. 2008 -01; Appointing a Regular Member to the Board of Adjustment (Catherine Barnes). 3. Resolution No. 2008 -02; Appointing a Regular Member to the Beautification Pp g 9 eaut�ficatNOn Board (Martha Carroll ). 4. Resolution No. 2005 -03; appointing a Regular Member to the Plannin g and Zoning Board (Harry Pearson). 5. General Easement Agreement, AIA Acquisition Group, LTD, LLP. 8. Utility Easement Agreement, A'I A Acquisition Group, LTD, LLP. 7. Utility Easement Agreement, Greene International Develop 8. Utility Easement Agreement, Vinod Kalidus. Mayor Randels asked if any Council member, staff or interested art desired to remove p Y any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 8. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas For; Mr. Petsos, For and Mayor Randels, For. CONSIDERAT 9. Motion to Approve: Final Replat, Chadwick Townhomes 3 Katherine Chadwick, Applicant, City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 3 of 12 Mayor Randels explained the Council's review based on the Planning and Zoning Board's recommendation. He reviewed all other items in the checklist as: Mr. Todd Peetz noted for Mr. Ray Osbome that no historical artifacts were found on the site. Mr. Morgan commented that the 37.5 feet for construction on each lot was spacious. Mr. Osborne asked what resource was used and in what year the survey took place. Mr. Peetz replied that the State Historical Resources Master Site File for the County was used. He replied to Mr. Osborne that the survey might have been performed in the 1950's or `SDs. Mr. Peetz replied that there are resources on historical matters through a liaison in Brevard County and the State Division of Historical Resources in Tallahassee. He stated that only shell bins were noted and these are not of historical value. Mr. Osborne informed that he visited the Bureau of Archeological Review in Tallahassee and he reviewed the Master File. He stated that a report establishes a large village compound somewhere in the area is yet unfounded. Mr. Osborne reported that a crystal necklace and some copper artifacts were found as well as a round circular wall. He affirmed to Mayor Randels that some of these artifacts were found within the City limits in the Artesia area and a mound just south of that location_ Mr. Morgan stated that these are noted in the City's Comprehensive Plan. A motion was made by Mr. Morgan and seconded by Mayor Pro Tern Hoog to Approve the Final Replat for Chadwick Townhornes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 10. Motion to Approve: Preliminary Replat, Beroja Palms, Ron Wallen, Applicant. Mr. Morgan asked that Item No. 10 be postponed at the request of the applicant. Mayor Randels returned to Item No. 10 after discussion on Item No. 11. He explained that the Council's task was to review what the Planning and Zoning Board recommended. He noted the 14.28 density. Mayor Randels stated that all concurrency was performed. Mr. Morgan disclosed that he completed a Voting Conflict of Interest Form due to his financial interest in the project_ Mayor Randels established that the project is located on the south side of Lincoln Avenue and met with the City's standard requirements and staff review. Mayor Pro Tem Hoog also asked to abstain from voting on the project due to financial interest. A motion was made by Mr. Petsos and seconded by Mayor Randels to Approve the Preliminary Replat for Beroja Palms. The vote on the motion carried 3-0 with voting as follows; Mayor Pro Tem Hoog, Abstain; liar. Morgan, Abstain; Mr. 'Nicholas, For; Mr. Petsos, For and Mayor Randels, For, City of Cape Canaveral. Florida City Council Regular Meeting January 3, 2006 Page 4 of 12 ORDINANCES: Second Public Hearin " . Motion to Adopt: ordinance No. 21 -2045; Amending Chapter 102, Article ll., Division 2; Providing Land Clearing Criteria for Land that Contains or that will Contain Single Family, Two- Family or Three Family Residential Dwelling Units, at second reading. Mayor Randels read ordinance No. 21-2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, ARTICLE II DIVISION 2 of THE CODE OF ORDINANCES RELATING TO LAND CLEARING FOR SMALL SCALE EXISTING AND NEW RESIDENTIAL DEVELOPMENTS SUCH AS SINGLE FAMILY UNITS, DUPLEXES, TRIPLEXES AND SUBDIVISIONS of THREE (3) OR FENDER SINGLE FAMILY UNITS; PROVIDING FOR THE REPEAL of PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels noted that the ordinance was advertised on December 13, 2005 in the Florida Today, there was a first reading on December 0th and also on November 15, 2005 and it was approved by the Planning and Zoning Board. Mayor Randels clarified that the Council was addressing the Vegetation ordinance, Section 102 of the City Code, Article ll subsequent land clearing and specif cally 102.40.5 {b }(2) which read Tpon receipt of a completed application, the' building official shall not apply the requirements set forth in Section 102 -40 and shall issue a land clearing permit authorizing the removal or clearing of any frees located within the footprint of any structure approved her a city development order. Mayor Randels explained further that this language in the proposed ordinance required the Building Official to issue a land - clearing permit regardless of the situation. This amended ordinance withdrew some of the proposed language and added a new Section 1 20.40.5 to address small -scale residential dwelling units, permit requirements, requirements for the tree located within the footprint, tree survey requirements, tree replacement guidelines and maintenance requirements. Mayor Randels stated that the Council's intent in the ordinance is: 1) committed to preserving, enhancing and creating green area within the City, 2) by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and installation of new trees within the City and 3) to provide separate and distinct land clearing regulations for land which contains small scale existing and new residential developments such as single family. Mr. Ray Osborne stated that this was the ordinance in which he was suggesting an amendment of an archeological addition. He inquired of staffs research regarding regulations on artifacts. Attorney oarganese replied in response to Mr. Osborne's inquiry at the previous meeting, research was conducted and Attorney Garganese recommended that the Council not change this particular ordinance to add additional language regarding City of Cape Canaveral, Florida City council Regular Meeting January 3, 2006 Page 5 of 12 archeological resources. He reasoned that there are Federal Regulations that address documenting archeological resources and the Federal regulation was cited as well as the penalties for violating the Federal law. The State also has regulations to preserve archeological resources including unmarked burial grounds where human remains exist which include notifying a Medical Examiner and documentation. Further, the City already has a Comprehensive Plan policy in the Future Land Use Element which provides that the City I maintains a list of archeological sites to crosscheck against locations of proposed development before the City issues development orders. He concluded that there is a fair amount of Federal, State and local oversite regarding archeological artifacts. He reminded that the Council could revisit the issue during the upcoming Land Development review process. Mr. Nicholas asked if there were any language on the permit application to address this issue. Mayor Randels asked Mr. Peetz if addressing artifacts were part of the ermittin p g process. Mr. Peetz affirmed and stated that Majestic Bay was the only development that came near the triangular icons in the Comprehensive Plan that denote archeological areas. Mr. Peetz replied to Mayor Randels that the Building Department is aware of any archeological sites. I'Illr. Osborne stated that his intent was to encourage developers to set aside any potential artifacts and photograph them. Mayor Randels read from the Federal Regulation that, uno such article shall be treated as an archeological resource unless it is 100 years old." Mayor Randels asked Mr. Osborne for a plan on how to retain any artifacts. Mr. Morgan suggested that Mr. Osborne post an informational flyer for developers at City Hall. Mr. Osbome asked Todd Peetz if the archeological survey could be updated. Mr. Peetz explained that topography maps are used and shorelines were a part of the survey due to where the Indians would reside; however he was not sure of the survey's extent. Mr. Osborne informed that he spoke to Mr. David Dickle in Tallahassee an archeologist who said that native inhabitants P referred to live where people currently reside. Mr. Lamar Russell expressed concern with the City's subsequent action to an archeological find. He stated that several archeological areas were already identified. Mr. Morley responded that he did not know what happened up to this point; however, there are Federal Regulations that apply. Mr. Russell emphasized that the City should know what has occurred up to this point. Mr. Morgan read from the Federal Regulation that specifically protects archeological resources. Mr. Russell stated that the City should have some safeguards in place before the Federal Laws come into play. He stated further that he was not hearing a definitive response on how the City would proceed if an artifact is found. Mayor Pro Tem Hoog asked what happens when property is p urchased and a burial mound is found. Mayor Randels read from Florida statutes 253.07 that p rovides for emergency land acquisition by the State on which archeological artifacts are found. Attorney Oarganese replied to Mayor Pro Tern Hoog that when human remains are found under Florida Law, a developer must immediately contact Law Enforcement _ contact the State Medical Examiner, have a review by State Archeological representatives, and have g City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 6 of 12 the police cross -check their files for missing persons. Attorney Oarganese reiterated that the State has budgeted funds in order to purchase property where human remains are found. Mr. Petsos replied to (Mayor Randels' questions that Windover Farms was purchased when skeletal remains were found. Development ceased and the State worked with the developer and what was not an archeological find continued in development. Mr. Osborne inquired about an updated archeological survey. Mr. Boucher replied that the City would update the Comprehensive Plan in the coming year that would include updated archeological information. Mayor Randels concluded that the City could adopt the State's updated plan. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Adopt Ordinance No. 21 -2005 at second reading. The vote on the motion carried " with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. RESOLUTIONS: 12. Motion to Adopt: Resolution No. 2006-04; Florida League of Cities Legislative Priorities. Mayor Randels read Resolution No. 2006- -04 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE FOLLOWING ISSUES DURING THE 2006 LEGISLATIVE SESSION. Mayor Randels stated that the Florida Legislature support legislation as part of a comprehensive legislature reform package that: 1 ] Preserves municipal autonomy and protects the fundamental right of voluntary self- government, 2) Provides municipalities alternative funding options for the purpose of responding to impacts of declared disasters; 3) Preserves municipal tools for community redevelopment and urban revitalization, 4) Provides a dedicated and recurring revenue source for municipal transportation projects, 5} Preserves dedicated funding for local affordable housing programs, B} Provides for an equitable distribution of fines and fees from criminal violations such as driving under the influence of alcohol or other chemical substances, and 7} Provides a comprehensive and uniform workers' compensation system. Mayor Randels summarized that this resolution endorses Home Rule for cities. Mr. Lamar Russell commented on Municipal Home Rule and noted that in the aftermath of Hurricane Katrina the Governor and Mayor of New Orleans did not appear to understand the powers of Municipal Home Rule and Federal Funding. Mr. Russell stated that the Federal Emergency Management Agency [FEMAI and the Federal government have funds and resources to assist in recovery and he asked if Home Rule would become a discussion topic, or would the Agency be allowed to enter the Cit}r and perform recovery efforts. He challenged the City to welcome the Federal Government in for recovery efforts. City of cape Canaveral, Florida City council Regular Meeting January 3, 2000 Page 7 of 12 Mayor Pro Tem Hoog stated that one of the provisions in the Resolution is that the municipalities are provided alternative funding options for the purpose of responding to impacts of declared disaster and alternative funding is FEMA assistance. Mr. Russell shared his concern that the City Council would not engage in an argument with a federal funding agency and hinder emergency efforts such as was done in the New Orleans and Louisiana recovery efforts. Mayor Randels replied that Cape Canaveral responded immediately in a most recent hurricane and the City was reimbursed with FEMA funding. He explained further that Contingency Funding has been set aside to assist in emergency situations. Mr. Russell expressed his confidence in Florida legislators in recovery efforts. Mr. Boucher explained that in a declared disaster each city submits its request through the Brevard County Emergency Operations center and that request is forwarded to Tallahassee for recovery response. Mr. Russell informed that in an East Texas recovery effort he heard arguments within chain -of- command; however, the responses he heard to his concerns from staff and the council were acceptable. Mayor Pro Tem Hoog concluded that the priorities list is a summation and is derived from the cities around the State and some of the items would not apply to all cities. The list is a supportive effort among the cities. Mayor Randels provided Mr. Ray Osborne a copy of the list. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Adopt Resolution No. 2006 -04. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. SITE PLANS; 13. Motion to Approve: Canaveral Bulk storage Site Plan, Randy May, Applicant, This item will be tabled until the City Council meeting of January 17, 2005. 14. Motion to Approve: site Plan for sea shell cay Townhomes, James Morgan, Applicant. Mayor Randels stated that the Planning and Zoning Board approved the Site Plan with the following four conditions. 1) to add an easement to the final plat for access to Lot 3 to North Atlantic Avenue, 2) to meet the condition of the public works director for sewer connection, 3) to provide a St. John's River Water Management District permit/exemption for drainage and 4) for the City Engineer to review stormwater calculations provided by the applicant. Mr. Morgan disclosed that he completed a Voting Conflict of Interest Form with the State due to his ownership of the property. Mayor Randels acknowledged a letter dated on December 19 from All Shores Development to request permission to remove a specimen tree along with City Council's City of cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 8 of 12 review of the Site Plan. Mayor Randels explained that any trees larger than 24- inches depth/ breast diameter must be discussed with the Council before removal_ Mr. Petsos asked if there was any discussion with the Planning and Zoning Board to move the building within the setback. Mr. Morgan replied that discussion occurred with the Building Official. some discussion followed on moving the building. Ms. Bea McNeeley, Planning and Zoning Board Chairperson, replied that the Board did not address moving the building within the footprint. A resident stated that there is a 20 -foot public easement that traverses north to south between the first and second lot and the tree is on the easement_ Mr. Gardulski replied to Mayor Randels that he was not aware of a public easement. Mr. Morley stated that he also was unaware of any easements. Mr. Morgan requested to see the easement. Mr. Lamar Russell stated that since new knowledge was before the Council, would the Council consider returning the item to the Planning and Zoning Board for further review. Mr. Morgan stated that he preferred to research for a public easement through County records. Attorney Garganese requested to table the item and to have the City ownership and encumbrance report. Mayor Randels requested that the resident contending the public easement submit that information to the City and the City would also order the encumbrance report. Nis. Martha Carroll reminded the council to return to address the specimen tree removal first discussed. She stated that the ordinance addressed tree protection and she desired to see the ordinance used and trees preserved. Mr. Morgan concluded that the building was designed prior to the ordinance's development. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Table the Site Plan for sea Shell Cay Townhomes. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoop, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION; 15. C -1 Low Density commercial District. Mayor Randels stated that he initiated this item for discussion. He acknowledged a new Ron Jon's Resort at the Citi/s entrance and noted the number of surf shops in the Cocoa Beach area. Mayor Randels asked if there were any - interest in setting limitations on retail shops. He read from the City Code Section 110-334 that establishes where service stations and vehicle rental facilities shall be located. Mayor Randels expressed his concern with a proliferation of surf shops. Mr. Petsos also expressed concern with a growing number of tourists and t -shirt shops. The Building Official stated that the City allows for Special Exceptions in commercial districts. Mayor Pro Tern Moog said that he did not desire to see additional retail surf shops along the State Road Al A corridor. Mayor Randels noted seven within a three - -block area in Cocoa Beach. Attorney Garganese stated that data analysis and rationale were needed to establish municipal purpose. City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 9 of 12 Ms. Kathy Reakes questioned limiting the distance on retail stores which might create a monopoly for Ron Jon's. Mayor Randels replied that the city was successful in limiting the distance requirements. Mr. Osborne asked if commercial districts were higher in impact fee revenues that would benefit the City infrastructure. Mayor Randels replied that a former Council decided on a minimum of 150 units on a five acre parcel. He stated that the success of the distance requirement is that it is uniformly applied. Mr. Petsos asked if this item could proceed to the Planning and Zoning Board for further review. Mr. Nicholas questioned the effect of the new Cape Caribe construction in Port Canaveral and inquired about the mechanism to address concurrency issues. Mr. Petsos stated that there are no currency requirements in the Port and he suggested that the issue proceed to the Legislative Delegation. Mayor Randels explained to a resident with a question on growth on North Atlantic Avenue that each developer who applies for a building permit must meet concurrency management standards. Mr. Ray Osborne pointed out that emergency management issues presented evacuation problems that affect transportation. Mayor Randels replied that evacuation is noticed with enough time to leave. Mayor Randels replied to questioning that the City could only widen North Atlantic Avenue on land that it owns. Further discussion brought out the need for a regional study and a presentation from the Port. Mr. Peetz said that Brevard County, Cocoa Beach and the State Legislators should be included in any future discussion. Mayor Randels replied to Ms. McNeeley that the State of Florida approved the Foreign Trade Zone as a Special Taxing District. Mr. Peetz stated that a request could be made to the Florida Department of Community Affairs to determine capacity due to regional impact. Mr. Boucher referred to the main issue of discussion and reminded Council on the City's mission of a residential community that would change proportionally with tourist related industries. REPORTS: City Manager • Mr. Boucher stated that a Code Review Meeting would begin at 5:00 P.M. on January 'I Ith prior to the Regular Meeting. g • Mr. Boucher informed that the Planning and Zoning Board requested a Joint Workshop Meeting with City Council to discuss the City Planner's density study Y as well as the C -'l Moratorium on State Road Al A. • Mr. Boucher reported that the Florida League of Cities conducts City eard tY Member seminars. He would schedule a seminar in February. • Mr. Boucher thanked the city clerk for her assistance during his vacation. 2. Staff Public Works Director No report. Building official City of Cape Canaveral, Florida City council Regular Meeting January 3, 2006 Page 10 of 12 • No report. City Clerk ■ No report. City Attorney i No report. AUDIENCE TO BE HEARD: • Mr. Todd Peetz replied to Mr. Ray Osborne's concerns on an upcoming special Exception for the Board of Adjustment. Mr. Osborne stated that the letter outlined his concerns that the plan was not compliant with the City Comprehensive Plan, public safety concerns and it did not address affordable housing or smart growth initiatives. Attorney Oarganese explained that a person could not appeal a recommendation to the Planning and Zoning Board. Any appeals could be presented to the Board of Adjustment. Mayor Randels stated that Mr. Osborne's letter would be attached to the Board of Adjustment packets for their upcoming meeting. A resident questioned the peak hours for North Atlantic Avenue. Mr. Peetz replied that 7:30 A.M. to 9:30 A.M. are the morning hours and 4:30 P.M. to 0:30 P.M. are the evening hours, He replied to Ms. Reakes that the Florida Department of Transportation sets peak hours. Mr. Peetz replied that North Atlantic Avenue is a County road that meets the State standards for Level of Service. Mr. Boucher stated that the City receives a quarterly concurrency management report for all new development. Residents in attendance expressed concern that the North Atlantic corridor is being overbuilt. Mr. Boucher replied that widening the road and limiting curb accesses were some traffic assessment results. • Mr. Niko Valestrieri and his mother expressed concern that the school bus destined for cocoa Beach High school is late due to traffic congestion on North Atlantic Avenue. Mayor Randels replied to Mr. Valestrieri that the most recent traffic survey was performed in July 2005. Mr. Lamar Russell informed that 15 years ago the Planning and Zoning Board discussed traffic concurrency levels on North Atlantic Avenue. He stated that with foresight the Board reasoned that as development progressed the traffic levels would increase and Level E became the accepted Level of Service. • Mr. Ray Osborne invited all to the History of cape Canaveral Seminar on January 21 -9t from 1 :00 to 3:00 P.M. at the Cape Canaveral Library. Speakers include: Mr. Ralph Kennedy, Mr. Roger Dobson, Mr. chuck Reid, Mr. Sonny Witt and the Vice President and chief Financial Officer of Cape Canaveral's Hospital to talk about its history. • Ms. Valestrien expressed that she was concerned with special exceptions for town houses and her concern with the townhornes proposed on sea Shell Lane. 3. City council City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page I I of 12 Mr. Nicholas • Mr. Nicholas referred to the monies in the Library and Beautification Funds. Mr. Boucher affirmed that the funds are carryovers from previous years. He would make the Boards aware of the available funds. • Mr. Nicholas informed that at a previous Beautification Board meeting a Son of the American Legion member requested that a tree be planted in memorial; however, he stated that they are asking the City to pay for the tree. He stated that he did not choose to see the City pay for the tree and he requested that the City Manager not authorize the payment. He informed that the VFW could pay for the memorial and he would bring the ratter up at their next meeting. • Mr. Nicholas informed that he received a calf from Mr. Roger Dobson regarding a partial Certificate of occupancy for his hotel units. The Building official stated that the issue was resolved. He met with Mr. Dobson, Mr. Hermansen and the Fire Department and explained that the Certificate of occupancy could be issued based on the established criteria of completed units. Mr. Morgan and Mayor Pro Tern Hoog informed that they had also received telephone calls from Mr. Dobson. Mr. Petsos Mr. Petsos inquired about any funds received from the County. He. said that the letter the City received displays the lack of accountability in County budgeting. Mr. Petsos reported on the County's information of the City's 1.9 percent of the population and 2.9 percent of the County budget. Mr. Boucher reported that he is seeking an Auditor General opinion letter on the County's budgeting standards. Mr. Petsos replied to Mayor Randels that the Florida Constitution does not allow the City to be a donor to the County budget. Mr. Petsos's intent is to identify what funding is retumed to the City. • Mr. Petsos inquired about fireworks discharge. Mr. Boucher will check with Commander Scragg. • Mr. Petsos inquired about the sidewalk next to the Radisson property. Mr. Gardulski would address project status. • Mr. Petsos requested information on beach re- nourishment as well as the Federal, State, County and the Port's intentions. Mayor Randels replied that Ms. Virginia Barker of the Department of Natural Resources is preparing a status letter for the City Manager. Mr. Morgan • Mr. Morgan stated that he agreed with Mr. Petsos' efforts on the seeing the City tax funding sent to the County returned. • Mr. Morgan referred to the 3.98 rate on the State Board of Administrators investment statement and a 3.8 return from RBC Centura. He suggested a short - term Certificate of Deposit investment in the 4 percent range. Mr. Boucher stated that this could be done if the banking institution could coilateralize the investment. City of Cape Canaveral, Florida City Council Regular Meeting January 3, 2006 Page 12 of 12 • Mr. Morg an stated that Ridgewood Avenue still needs attention. Mayor Pro Tem Hoog • No report. Mayor Randels • Mayor Randels reported that the City Manager ordered 600 Files of Life. He noted that Titusville just went to the Vials of Life. • Mayor Randels pointed out that he did not receive an announcement for the Cart System. • Mayor Randels asked for a status report on Project Lifesaver. These are the transponder bracelets for those with Alzheimer's disease. • Mayor Randels shared a newspaper article where a Building Inspector from { another city went on an inspection without a ladder. • Mayor Randels asked about the status of the sidewalk project on Poinsetta Avenue. Mr. Gardulski replied that the project is near completion. • Mayor Randels informed that the Friends of the Library collected $3,235. He asked if the City could partner with the Friends of the Library to purchase a CD/DVD holder. Council discussion concluded that the Friends of the Library have funds to pay for needed library equipment. ,, ADJOURNMENT: There being no further business, the Chair adjourned the meeting as 10:05 P.M. Rocky Randels, YOR Susan . 'CITYCLERK Cy. 3 'AST NAME - -FIRST NAME — MIDDLE NAME WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 11 2.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a govemment agency) by whom he or she is retained (including the .parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 183.358 'or 153.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE !'MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is fled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCL SURE OF LOCAL OFFICER'S INTEREST 1, C7 � � rn fl � ,hereby disclose that on (a) A measure carne or will come before my agency which (check one) inured to my special private gain or loss; 20 vf,: inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, . inured to the special gain or foss of , by whom I am retained; or inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: / Ive ��> ---- P /=w r " 4 Date Filed I q gnature ,, NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10 CE FORM 8B - EFF. 1!2000 PAGE 2 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -- advisory bodies who are presented with a voting conflict of interest under Section 1 1 2.3 1 43, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and fling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the .)arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 183.355 or 153.357 F.S., and officers of independent special tax districts elected on a one -acre, on basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not fisted on any national or regional stock exchange). w ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 'DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS; Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) r A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is fled. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after'the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is fled. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, , hereby disclose that on , 20 a (a) A measure carne or will come before my agency which (check one) k '0 i ' nured to my special private gain or loss; inured to the special gain or loss of my business associate _ „� - inured to the special gain or loss of my relative, ; inured to the special gain or loss of whom I am retained; or by inured to the special gain or loss of , which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 1 '12.3 1 43, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and fling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the )arent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.355 or 163.357 F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WTHIN 15 DAYS AFTER THE VOTE OCCURS by completing and fling this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Con tinued on other side) CE FORM 8B - EFF. 112000 PAGE 'f APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed, IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on (a) A measure carne or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. {h} The measure before my agency and the nature of my conflicting interest in the measure is as follows: ,20 f by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. / , 0 3 CE FORM 8B - EFF. 112000 PAGE 2