HomeMy WebLinkAboutMinutes 06-20-2006 RegularCITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, cape Canaveral, Florida
TUESDAY
June 20, 2006
7:00 PM
MINUTES
CALL TO ORDER
ROLL, CALL:
Council Members Present:
Council Member
Mayor Pro Tem
Council Member
Council Member
Mayor
Burt Bruns
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Others Present:
City Manager
City Attorney
City Clerk
Building Official
Public Works Director
Assistant Public Works Director
Bennett Boucher
Anthony Garganese
Susan Stills
Todd Morley
Ed Gard u lski
Walter Bandish
PRESENTATION:
Cape Canaveral community Survey 2008: Dr. James Wright, UCF
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 cape Canaveral residents are generally satisfied with the city's quality of
life. Dr. Wright pointed out that satisfaction with the quality of life is correlated with age
with the older population stating a higher level of satisfaction.
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
City of Cape Canaveral, Florida
City council Regular Meeting
June 20, 2000
Page 2 of 12
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, upright 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
�- 'I. city Council Regular Meeting Minutes of June 6, 2006.
2. Resolution No. 2006 -21; Appointing an Alternate Member to the Business &
Cultural Development Board (Al Spiesma n ).
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. S 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 Tern Hoog to
Approve consent Agenda Items No. 'I through 3. The vote on the motion carried
5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr.
Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
4. Motion to Approve: canceling the Regular city Council Meeting Scheduled
for .July 5, 2006.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 3 of 12
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, 216 Polk Avenue,
Mayor Randels explained that on May 25 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, 216 Polk Avenue. The vote on the motion carried with voting as follows:
Mr. Bruns, For; Mayer Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and
Mayor Randels, For,
6. Motion to Approve: agreement with T -N -T Events to coordinate All
Elements for the Cape Canaveral Art Festival March 31 and April 1, 200716
Mayor Randels explained that the Business and Cultural Development Board chose
T -N -T Events to promote the first annual Art Festival at the Manatee Sanctuary Park.
Ms. Tina Branford replied that the Event Coordinators looked forward to a quality
showing and the items selected would be handcrafted and not mass produced. She
stated that ample advertisement and directions to the park were her main concern since
the park was not centrally located. Mayor Randels noted that the group requested off -
site signage prior to the shove; however the City code did not for allow off -site signage.
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
r.- 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 4 of 12
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 50 exhibitors. She reported that the showing in Naples had been
subject to inclement weather.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to
Approve the Agreement with T -N -T Events to Coordinate All Elements for the
Cape Canaveral Art Festival March 31 and April 1, 2007. The vote on the motion
carried 5 -0 with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr.
Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
7. Motion to Approve: Sole Source Purchase of Sewage Pumps and Control
Panel from Hudson Pump & Equipment in the Amount of $14,154.
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 Tern 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 Tom 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 Tenn Hoog, For; Mr.
Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
S. Motion to Approve: Cooperative Purchase for the Installation of Sewage
Pumps and Control Panel to J & H Waterstop, Inc. in the Amount of
$43
Mayor Randels explained that the City has a cooperative purchase with the City of
Leesburg for the installation.
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-
o with voting as follows: Mr. Bruns, For; Mayor Pro Tom Hoog, For; Mr. Nicholas,
For, Mr. Petsos, For and Mayor Randels, For.
City of cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 5 of 12
9. Motion to Approve: Designation of a Voting Delegate for the Florida
League of Cities Annual conference.
Mayor Randels announced that the Florida League of cities Annual conference would
be held in Jacksonville from August 'lo _'12 Mayor Randels nominated Mayor Pro
Tem Bob Hoog as the voting delegate.
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.
Motion to Approve: Participation in the community Development Block
Grant Urban county Program.
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 Florida has received between
$18 and $35- million for the Small Cities Grant Program. The Program could provide
seed funding for upcoming projects. Discussion followed on the low and moderate
income criteria.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 0 of 12
A motion was made by Mr. Petsos and seconded by Mr. Bruns too t out of
Participation in the Community Development Block Grant Urban County Program.
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.
12. Motion to Approve: Proposal for the Demolition of the Building Located at
8200 Astronaut Boulevard in the Amount of $10,200.
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
$1 0,200 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 Reading
13. Motion to Adopt: ordinance No. 03 -2008; at Second Reading.
Mayor Randels read ordinance No. 03 -2000 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 Reading. 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 7 of 12
14. Motion to Adopt: ordinance No. 04 -2005, at second Reading.
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 -2005 at Second Reading. 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.
15. Motion to Adopt: ordinance No. 05 -2005, at Second Reading.
Mayor Randels read ordinance No. 05 -2000 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 Florida Building code. The Building Official replied to Mr. Bruns that if a
building was occupied prior to a Certificate of occupancy [CO] being issued then Code
Enforcement would take action. Mr. Morley explained that electrical power is established
prior to issuing a CO for inspection purposes.
There was no public comment.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Bruns to Adopt
Ordinance No. 05 -2005 at Second Pleading. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr.
Petsos, For and Mayor Randels, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 8 of 12
1 Motion to Adopt: Ordinance No. 07 -2006, at Second Reading.
Mayor Randels read Ordinance No. 07 -2008 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 98, SUBDIVISIONS, ARTICLE II, PLATS, DIVISION 3. PRELIMINARY PLAT;
CLARIFYING THE ROLE OF THE PLANNING & ZONING BOARD REGARDING
PRELIMINARY PLAT APPROVAL; PROVIDING FOR THE CITY COUNCIL TO MAKE
FINAL DECISIONS REGARDING THE APPROVAL OR DISAPPROVAL OF
PRELIMINARY PLATS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
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 Reading. 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.
17. Motion to Adopt: ordinance No. 08-2006, at Second Reading.
Mayor Randels read Ordinance No. 08 -2008 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 2 8, 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 Carganese 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 Reading. The vote on the motion carried
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 9 of 12
5-0 with voting as follows: Mr. Bruns, For; Mayor Piro Tom Hoog, For; Mr. Nicholas,
For, Mr. Petsos, For and Mayor Randels, For.
18. Motion to Adopt: ordinance No. 092005, at Second Reading.
Mayor Randels read Ordinance No. 09 -2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 5, 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 -2005 at Second Reading. The vote on the motion carried 5-0 with voting as
follows: Mr. Bruns, For; Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos,
-- For and Mayor Randels, For.
ORDINANCES: First Readin
19. Motion to Approve; ordinance No. 05 -2005, at First Reading.
Mayor Randels read ordinance No. 00 -2005 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A
REFERENDUM ELECTION AND BALLOT LANGUAGE FOR THE NOVEMBER 7, 2005
GENERAL ELECTION TO AMEND ARTICLE III, SECTION "I OF THE CITY'S CHARTER
PROVIDING FOR ADDITIONAL GROUNDS FOR FORFEITURE OF OFFICE of CITY
COUNCIL; PROVIDING NOTICE, PUBLIC HEARING AND OTHER PROCEDURAL
REQUIREMENTS BEFORE A COUNCIL MEMBER FORFEITS THEIR OFFICE;
PROVIDING THE CITY COUNCIL SHALL BE THE JUDGE OF THE ELECTION,
QUALIFICATIONS OF OFFICE; SETTING FORTH A BALLOT QUESTION FOR
INCLUSION ON THE NOVEMBER. 7, 2005 GENERAL ELECTION BALLOT; PROVIDING
FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; SEVERABILITY; AND
AN EFFECTIVE DATE.
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 Tern Hoag stated that the Ballot language does not include a person
who has already been charged. Attorney Oarganese 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 Tern Hoog stated that
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 10 of 12
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 Tern 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 :1 6 P.M. The vote on the motion carried 6-0 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 12 and 7:30 P.M.
■ Mr. Boucher reported that while attending a meeting at the county Government
--- Center in Viera, he happened upon a meeting regarding Canaveral Port
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20, 2006
Page 11 of 12
Authority's Comprehensive Plan. He requested a summary of the meeting from
Peggy B usacca .
• Mr. Boucher reported on the County Emergency Management Services funding
fee scale from a fixed rate to one based on the valuation of property.
* Mr. Boucher reported that the milling began on the Center street paving
project.
• 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 I and a
daily fine is administered if late.
City Clerk
• No report.
City Attorney
• No report.
AUDIENCE TO BE HEARD:
• Ms. Roberts announced lids. Susan Cossey, Director of Tenant Relations at the
Canaveral Port Authority, as the guest speaker for the Business and Cultural
Development Board meeting.
• Ms. Joyce Biery encouraged the Council to continue its dialogue with the City
of Cocoa Beach relating to the Senior Center.
• 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 County Judge position.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 20,'2006
r Page 1 of 12
Mayor Pro Tern Hoog
■ No report.
Mayor Randels
■ Mayor Randels reported that the Secretary of Transportation agreed to the left
turn lane light at State Road A'lA and central Blvd. The Public Works Director
prepared and forwarded the appropriate paperwork.
ADJOURNMENT:
There � *ig rio fug business, the Chair adjourned the meeting at 10:15 P.M.
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Rocky Randel , MAYOR
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