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HomeMy WebLinkAboutMinutes 06-06-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 6, 2006 7:00 PM MINUTES CALL TO ORDER The Chair called the meeting to order at 7 :00 P.M. Mayor Randels called for a moment of silence on behalf of Sheriff's Deputy Dale Hendricks for his beneficial role in the Cape Canaveral community. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk Building Official Public Works Director PRESENTATION: Honorable James E. Morgan Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski Mayor Randels read the acknowledgement on behalf of resigning Council Member James E. Morgan. BOARD INTERVIEWS: Lynn Mars, Code Enforcement Board Mayor Randels called on Mr. Lynn Mars to answer the City Attorney's questions. Mr. Lynn Mars affirmed that the information on his application was true and correct. He stated that he had no problem citing residents for Code violations. Mr. Mars informed that he worked for 25 years with the NASA Board for project quality assurance. Mr. Petsos expressed City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 2 of 11 that Mr. Mars displayed a deep concern for the City and its quality of life. Mayor Randels thanked Mr. Mars for his interest in serving on the Board. The Mayor explained that a Resolution to formally appoint him to the Board would be placed on the following City Council Agenda. Alison Spiesman, Business & Cultural Dev. Board Mayor Randels called on Ms. Alison Spiesman to answer the City Attorney's questions. Ms. Spiesman affirmed that the information on her application was true and correct. She stated that she has formal training in the Arts and this Board is best suited for her interest. Ms. Spiesman related that she is also interested in the University of Central Florida survey findings on community concerns that the Board would soon analyze. Mayor Randels commented on her extensive art background to include television. He stated that a Resolution to formally appoint her to the Board would be placed on the following City Council Agenda. CONSENT AGENDA 1. City Council Regular Meeting Minutes of May 16, 2006. Mayor Randels asked if Council, staff or any interested party desired to remove any of the items for discussion. No request was made to remove the item for discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve Consent Agenda Item No. 1. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 2. Motion to Approve: First Amendment to the Interlocal Agreement Creating the Brevard Metropolitan Planning Organization. Mayor Randels explained how the Brevard County Metropolitan Planning Organization [MPO] receives funding from various sources to complete countywide transportation projects. He related that the City of Cocoa Beach would share its voting seat with the City of Cape Canaveral for two -year terms on this Planning council. Mayor Randels concluded that the seat would allow Cape Canaveral a voice on the transportation related project. Mr. Nicholas pointed out that the number of members on the MPO is limited by State law; therefore, the City proceeded to a shared representation. He also informed that the Canaveral Port Authority has a permanent seat on the MPO. Mr. Petsos concluded that this was one of the Council's previous goals and successfully accomplished. City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 3 of 11 A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve the First Amendment to the Interlocal Agreement Creating the Brevard Metropolitan Planning Organization. The vote on the motion carried 4 -0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 3. Motion to Approve: Cooperative Purchase of a Bucket Truck in the amount of $59,386. Ed Gardulski, Public Works Director, informed that the existing bucket truck was inoperative. He explained that the proposed truck was versatile and could be used to place banners, trim trees and when needed assist with Building Department inspections. Mr_ Nicholas asked if this purchase was the third bucket truck for the City. Mr. Gardulski affirmed. Discussion established the truck height as 40 -feet. Mr. Petsos noted the need for the proposed Fleet Maintenance Building in order to prolong vehicle usefulness. A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Petsos to Approve the Cooperative Purchase of a Bucket Truck in the amount of $59,386. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 4. Motion to Approve: Magnolia Avenue Sidewalk Construction Project in the Amount of $49,550. Mayor Randels questioned why the Public Works Director chose Magnolia Avenue. Mr. Gardulski replied that the path to Cape View Elementary School was a previous Council concern. He reviewed some of the anticipated roads in the Prime Path Plan as: Buchanan and Monroe Avenues; however, Polk and Ridgewood Avenues have been postponed due to other planned projects. Mr. Gardulski replied to Mayor Pro Tem Hoog that the project is for concrete sidewalk construction. Discussion followed on some of the City's non- contiguous sidewalks that would need easements. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve the Magnolia Avenue Sidewalk Construction Project in the Amount of $49,550. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Public Hearing: 5. Motion to Approve: Ordinance No. 03 -2006; at First Reading. Mayor Randels read Ordinance No. 03 -2006 by title: City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 4 of 11 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 110, ARTICLE IV, DIVISION 2, REGARDING ALCOHOLIC BEVERAGES; PROVIDING FOR PATRONS OF RESTAURANTS LICENSED TO SELL ALCOHOLIC BEVERAGES TO REMOVE ONE UNSEALED BOTTLE OF WINE FROM THE PREMISES IF PURCHASED AND PARTIALLY CONSUMED WITH A FULL COURSE MEAL; PROVIDING FOR THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS FOR CERTAIN CONVENTION HALLS, COLISEUMS, AND SIMILAR TYPE BUILDINGS, AS WELL AS FOR CERTAIN NONPROFIT CIVIC ORGANIZATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INFORPORATION INTO THE CODE; SEVERABLITY; AND AN EFFECTIVE DATE. Mayor Randels reviewed the amendment that reflects Florida Statutes by which a person may transport an unsealed bottle of wine if purchased and partially consumed from a restaurant's premises. The amendment also includes the criteria for issuing temporary alcoholic beverage permits for non -profit civic organizations and temporary convention exhibits. There was no public comment. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 03 -2006 at First Reading. The vote on the motion carried 4- 0 with voting as follows: Mayor Pro Tem Hoog, For, Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 6. Motion to Approve: Ordinance No. 042006, at First Reading. Mayor Randels read Ordinance No. 042006 by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, CLARIFYING THE PERMITTED USES AND STRUCTURES IN THE C -1 LOW DENSITY COMMERCIAL ZONING DISTRICT WITH REGARD TO HOTELS AND MOTELS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that this amendment inserts a clearer definition for hotel limitation to150 units under Principle Uses to City Code Section 110 -332, Item (4). He also explained that this amendment would clarify City Code Section 110- 171(a)(2)(b) of 150 units. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve Ordinance No. 04 -2006 at First Public Hearing. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 5 of 11 7. Motion to Approve: Ordinance No. 05 -2006, at First Reading. Mayor Randels read Ordinance No. 05 -2006 by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 110, ARTICLE III, DIVISION 3, REGARDING CERTIFICATES OF OCCUPANCY; CLARIFYING THAT NO STRUCTURE SHALL BE USED OR OCCUPIED UNTIL THE BUILDING OFFICIAL HAS ISSUED A CERTIFICATE OF OCCUPANCY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that the amendment would correct the language to read, "no building or structure shall be used or occupied, or no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore." The former language specified that the building could not be used; however, the amended language addresses occupancy. Attorney Garganese clarified that the language adds a provision in the City code that is consistent with the Florida Building Code. There was no public comment. A motion was made by Mr. Petsos and seconded by Mayor Pro Tern Hoog to Approve Ordinance No. 05 -2006 at First Public Hearing. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 8. Motion to Approve: Ordinance No. 09 -2006, at First Reading. Mayor Randels read Ordinance No. 09 -2006 by title: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES; PROHIBITING THE POSSESSION OF ALCOHOLIC BEVERAGES ON THE OCEAN BEACH OR DUNE IN CONTAINERS OR GREATER IN CAPACITY; PROVIDING FOR THE REPAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that the City of Cocoa Beach has limited alcoholic beverage container size on its beach to greater than one gallon. Therefore, the Council proposed to limit consumptive use on Cape Canaveral's beach as well. Lt. Jeff Ludwig reported that past history from Law Enforcement found limited citations for keg parties. He explained that if the consumer is not allowed to purchase a keg they could still purchase the same quantity in smaller sizes. Lt. Ludwig explained that the ordinance provided another tool along with citations related to underage drinking. Mayor Randels questioned if the ordinance should specifically state the liquid quantity as well as the size. Discussion City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 6 of I I followed on clarifying the language. City Council concluded that the language would state "one gallon or greater' in capacity. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Ordinance No. 09 -2006 at First Public Hearing. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. Attorney Garganese pointed out that the Cocoa Beach ordinance states "greater than one gallon." Mr. Petsos amended his stated motion to read: "greater than one gallon." Mayor Randels re -read Ordinance No. 09 -2006 with the amended language in the title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES; PROHIBITING THE POSSESSION OF ALCOHOLIC BEVERAGES ON THE OCEAN BEACH OR DUNE IN CONTAINERS GREATER THAN ONE GALLON; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Mars asked if the Council also planned to address banning cigarette smoking on the beach. Mr. Petsos replied that the Council would monitor activity in light of Cocoa Beach's proposed ordinance. RESOLUTION: 9. Motion to Approve: Resolution No. 2006 -20; Final Replat of Beroja Palms Townhomes: Replat of Lot 7, Block 70, Avon by the Sea Subdivision - (223 & 225 Lincoln Avenue) - Ron Wallen, Applicant. Mayor Randels read Resolution No. 2006 -20 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUTY, FLORIDA; APPROVING THE FINAL REPLAT OF "BEROJA PALMS TOWNHOMES "; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Pro Tern Hoog disclosed that he filed a Voting Conflict Form as the electrician of record for the project. Mayor Randels explained that this is a subdivision of the lots at 223 -225 Lincoln Avenue. He concluded that the Replat met staffs requirements. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Adopt Resolution No. 2006 -20. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tern Hoog, Abstain; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 7 of 11 DISCUSSION: 10. Vacant Council Member Seat. Mayor Randels explained that Mr. Morgan's resignation from the Council initiated this request for a successor to complete his term. He stated that eleven applicants submitted Letters of Interest subsequent to an advertisement on May 13"' in the Florida Today newspaper. Mayor Randels suggested that the Council propose three questions for the City Attorney to ask each candidate separately in order for each person to be fairly heard. Mr. Nicholas stated that he preferred to interview the candidates. Mr. Petsos reminded that the successor would complete a four -month term and the Council was nearing the City's budget season. Mayor Pro Tem Hoog questioned who of the candidates was present in the audience and requested that they be recognized. Mayor Randels announced the names on the Letters of Interest alphabetically: Burt Bruns, Jack Childs, Bill Flack, Kelly Sweet- Jensen, Judith Lau, Peter Nichols, Richard Renaud, Shannon Roberts, Dexter Rogers, Craig Stewart and Gary Wolford. [Bill Flack and Dexter Rogers both contacted Mayor Pro Tem Hoog and asked to be excused.] Mr. Petsos restated the need for experience due to the upcoming visioning session and Budget Workshops. Mayor Pro Tem Hoog agreed with Mr. Petsos and added that there were many qualified applicants and Council needed to act expeditiously. Mr. Petsos expressed that those who were not chosen have the opportunity to run for office in November or to serve on a City Board. Mr. Ray Osborne asked if there were any community involvement in making the selection_ Mr_ Bob Carney pointed out that the news article in the Florida Today stated that the Council would interview, select and appoint a member at this meeting. Mayor Randels confirmed that the paid display advertisement posted similar language. Discussion followed on making a selection at this meeting. Ms. Shannon Roberts expressed concern for the applicants who were not present. Ms. Judith Lau suggested that the Council prioritize the order of the applications submitted. Attorney Garganese explained that under Robert's Rules of Order, Council members could nominate someone and continue in rounds of voting until someone is selected. Mr. Nicholas questioned if the candidates stated their budget expertise. He expressed that his main criteria was to not select an applicant who was a builder, contractor or a real estate person in the City. He preferred a more diverse Council. Mayor Pro Tem Hoog expressed his disagreement with Mr. Nicholas' statement saying that the Council's vote was not controlled by any group. Ms. Kelly Sweet - Jensen requested to remove her Letter from the submittals. Mayor Pro Tem Hoog encouraged her to apply for a City Board. The City Manager tallied the Council's selections. Mr. Boucher reported that Burt Bruns received 2(No. 1), 1(No. 3); Craig Stewart received 2(No. 2), 1(No. 3); Shannon Roberts received 1(No. 1)1(No. 2), 2(No. 3); Judith Lau — 1(No.1), 1(No. 2). Attorney Garganese advised that the Council could hear from the applicants and cast a vote if three of them agreed on any one person. Discussion followed on the voting City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 8 of 11 process and how Council would reach a consensus. The Council prioritized their selections in a second round of voting. Mr. Boucher reported that Ms. Roberts received 2(No.1), 1(No. 2), 1(No. 3), Ms. Lau received 2(No. 2), Mr. Bruns received 2(No.1), 1(No. 3) and Mr. Stewart received 1(No. 2), 2(No. 3) . The next round would be between the two candidates who scored 2(1). Council prioritized their selections in a third voting round. Mr. Boucher reported a tied score between Mr. Bruns and Ms. Roberts. Ms. Lau suggested asking the finalists some questions. Mayor Pro Tem Hoog stated that Mr. Bruns had previous experience and he encouraged the other applicants to run for office in the General Election. Mr. Petsos stated also that Mr. Bruns stepped up to complete Steve Miller's term after his resignation and he encouraged the other applicants to run for public office or to serve on a City Board. Mr. Nicholas stated that he was unaware of Ms. Roberts' budgeting experience; however, he was certain that she was qualified to complete the tern of office. He expressed that he would choose her to complete the term. He too encouraged others to campaign in the General Election. Mayor Randels stated that he was familiar with Mr. Bruns' decision making through past Council experience; however, he would choose Ms. Roberts to gain a divergent point of view on the Council. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to nominate Burt Bruns as the successor to Mr. Jim Morgan for the City Council vacancy. The vote on the motion carried 2 -2 with voting as follows: Mayor Pro Tem lql Hoog, For; Mr. Nicholas, Against; Mr. Petsos, For and Mayor Randels, Against. Mr. Petsos related that the Council has a person available who showed his interest through campaigning. Mayor Pro Tem Hoog agreed and said any others who were not appointed might try campaigning. Ms. Roberts informed that she has extensive Federal, State and local government experience_ Mayor Randels asked Mr_ Nicholas if the Council could gain consensus in support of Mr. Bruns. Mr. Nicholas retracted his vote of "Against' in the interest of a unanimous vote in support of Mr. Bruns. A motion was made by Mr. Nicholas and seconded by Mayor Randels to nominate Shannon Roberts as the successaLto Mr. Jim Morgan for the City Council vacancy. The vote on the motion saw ai ed 0-4 with voting as follows: Mayor Pro Tem Hoog, Against; Mr. Nicholas, Against; Mr. Petsos, Against and Mayor Randels, Against. Ms. Roberts noted that she has an extensive amount of Federal, state and local government experience to include budgeting and she was currently a Board member. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to appoint Burt B runs as the successor to Mr. Jim Morgan for the City Council vacancy. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 9 of 11 Attorney Garganese advised that the Mayor adopt Resolution No. 2006 -19 appointing a successor to complete the vacant tern of office by inserting the name Burt Bruns. Mayor Randels read Resolution No. 2006 -19 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTED IN ACCORDANCE WITH CITY CHARTER, ARTICLE III, SECTION 4; ELECTING A SUCCESSOR COUNCIL PERSON IN ORDER TO FILL THE COUNCIL VACANCY CREATED BY THE RESIGNATION OF JAMES E. MORGAN; PROVIDING THAT SAID SUCCESSOR COUNCIL PERSON SHALL SERVE ON THE CITY COUNCIL UNTIL A SUCCESSOR IS DULY ELECTED AT THE NOVEMBER 7, 2006 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2006 -19. The vote on the motion carried 4-0 with voting as follows. Mayor Pro Tem Hoog, For, Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. Attorney Garganese administered the Oath of Public Office to Mr. Bruns. Ms. Lau expressed that the same persons appear to seek a Council seat and she regarded the Council as a closed body. She said that many new residents have moved into the City and she expressed the need for an outreach in the community for a more divergent Council. Ms. Kathy Reakes of the Hometown News expressed that the Council missed an opportunity to add another perspective, a female, to the Council. Mayor Pro Tem Hoog responded that he welcomed a female to nun for Council. Ms. Lau expressed that if a person is not a member of a trade, such as construction, development or real estate they are not accounted for on the Council. Mayor Pro Tem Hoog responded that his profession required manual labor. Ms. Lau restated that an outreach in the community would welcome public participation in the process. Mayor Pro Tem Hoog stated that he did not have an adverse viewpoint toward women in public office. Mr. Petsos informed that he supported a female for the City Council in the previous year; however, she declined. Mayor Randels concluded by encouraging others to run in the General Election in November. REPORTS: 1. City Manager • Mr. Boucher reported that the University of Central Florida survey results were available. He would provide a condensed version for public review. • Mr. Boucher reported that Brown and Caldwell completed the Facilities Maintenance Plan for the Wastewater Treatment Plant. • Mr. Boucher stated that Brown and Caldwell were prepared for the next Council meeting with a proposed Sewer Rate Study and a five -year rate model. City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 10 of 11 Ark • Mr. Boucher reported on the replacement sewage pumps that are above ground due to the small wet wells behind Treasure Island Club. Mr. Gardulski affirmed that he informed the Treasure Island Club President. • Mr. Boucher announced a proposal from the City Engineer for the civil engineering work on the drainage canal project on the next Agenda. • Mr. Boucher announced the Florida League of Cities Annual Conference registration in Jacksonville. • Mr. Boucher informed that he E- mailed a Request for Qualifications for the City Hall and Police Campus facility. • Mr. Boucher also informed that the Fire Chief would seek qualifications for a new facility with a firm in Orlando. • Mr. Boucher reported that the City's property tax base increased by 37 percent. • Mr. Boucher welcomed Mr. Bruns aboard. 2. Staff Public Works Director • No report. City Clerk • No report. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Ray Osborne questioned when the visioning session would occur. Mayor Randels replied that Council would set a date during this meeting. • Mr. Ray Osborne announced that he invited Dr. Ross McClerney to speak at the Cocoa Beach Library on Thursday, June 8th on Global Warming. • Ms. Shannon Roberts thanked the Council for their consideration in the selection process. • A resident encouraged the Council to review the SCAT bus route in light of the proposed decreased width on Ridgewood Avenue. 3. City Council Council discussed a proposed date to schedule the visioning session. Mr. Boucher informed that he would invite Dr. Wright to the City Council meeting on June 20 The Visioning Workshop was scheduled for Thursday, June 22n from 1:00 P.M. to 5:00 P.M. City of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 11 of 11 Council Member Bruns • Mr. Bruns thanked the Council for their confidence. Council Member Nicholas • Mr. Nicholas asked about the Standards of Conduct Resolution for the Council and he expressed concern with an inability to voice his opinion. Council Member Petsos • Mr. Petsos asked if there were any reimbursed funds from the County. The City Manager reported on $30,000; however, there was no reply to the letter to Commissioner Voltz' office. • Mr. Petsos expressed his desire to reduce the millage rate. • Mr. Petsos asked to have a large green container at the bus stop on Ridgewood Avenue replaced. Mr. Gardulski replied that the Beautification Board chose to place a container there to deter litter. • Mr. Petsos questioned the Center Street paving project. Mr. Gardulski replied that the company under contract gave him a two week completion time once begun. Mayor Pro Tem Hoog suggested that Mr. Gardulski contact the next bidder in order to complete the project. • Mr. Petsos requested that the City Manager speak with Mr. Bob Baugher on the sidewalk issue. • Mr. Petsos informed that the City of Cocoa Beach is holding a Special City Commission meeting on the High School Performing Arts Center. He requested that the Council contact the Commission in support. • Mr. Petsos welcomed Mr. Bruns aboard and encouraged others to continue to seek public office. Mayor Pro Tem Hoog Mayor Pro Tem Hoog also welcomed Mr. Bruns aboard and agreed with Mr. Petsos that others should stay involved. ADJOURNMENT: There being "no further Ovs ness, the Chair adjourned the meeting at 10:00 P.M. ( Q;2��Q a-� Rocky Randels, MAYOR usan Oft l Ct RK '.0.4 WHO MUST FILE FORM 86 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 112.3143, 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 ures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- ure 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 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. 163.356 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 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. YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE • 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 813 - 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 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 20 (a) A measure came or will come before my agency which (check one) 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 b 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: C� 2 /C4�� �p �u 2 Ac r�2 �� f� o-T1� 1 m 5 �/'— e,/ —© Date Filed Signature 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 IVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2