HomeMy WebLinkAboutMinutes 08-19-2003 Regular CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 19, 2003
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Council Member Bob Hoog
Council Member Jim Morgan
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Council Member Richard Treverton
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
City Treasurer Andrea Bowers
Public Works Director Ed Gardulski
Recreation Director Nancy Hanson
Building Official Todd Morley
PRESENTATIONS:
Brevard Museum of History and Science Exhibit to Celebrate the City's 40
Anniversary.
Mayor Randels introduced Ms. Odalys Smith of the Brevard Museum of History and
Natural Science. Ms. Smith related that Cape Canaveral's 40 Anniversary presented an
opportunity for the museum to showcase an exhibit on the City's history. She spoke to Ms.
Kim McIntire, Administrative Assistant to the City Manager and presented the concept to
the Business and Cultural Development Board. Ms. Smith stated that the "History of Cape
Canaveral" book could be sold in the museum gift shop. She shared that the museum's
overall goal is to incorporate history from all of the cities in Brevard County. Ms. Smith
expressed the desire to see the City of Cape Canaveral become a museum member.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
Page 2
Mayor Randels asked what level of membership participation she hoped to gain. Ms.
Smith stated that the City's membership decision should be made based on the value the
Council places in the City's history. Mr. Morgan requested a family membership. Ms.
Smith related that museum membership offers free or discount admission to other
facilities. Ms. Smith replied to Mayor Pro Tem Petsos that the museum is a membership
based, non - profit organization that does not receive State funding. Ms. Smith clarified that
the Historical Museum in Cocoa Village is a different facility. She also clarified that this
Brevard History museum encompasses the whole County's history and it also provides
natural habitats and a hands -on exhibit for children. Ms. Smith replied to Mayor Pro Tem
Petsos that the exhibit could remain until the year's end. She also replied that the visitor
count is approximately 35, 000 people per year. Many school tours visit throughout the
year. Council agreed to proceed with the exhibit project. Mayor Randels requested to
notify participants regarding their expected commitment to the project. Mr. Boucher stated
that no funding is required for the project, just a compilation of historical documents. Ms.
Smith thanked the Council for their time.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of July 15, 2003.
2. City Council Special Meeting Minutes of July 29, 2003.
C r 3. Outdoor Permit for the Walk for Bibles Event Sponsored by the Brevard
Baptist Association.
4. Resolution No. 2003 -30; Reappointing a Regular Member to the Planning and
Zoning Board. (Beatrice McNeely)
Mayor Randels asked if any Council Member, staff or interested party desired to
remove an item from the Consent Agenda for discussion.
Items No. 2 and 3 were withdrawn for Questions from the Audience:
2. City Council Special Meeting Minutes of July 29, 2003.
Mr. Gene Petre asked if the Special Meeting Agenda of July 29, 2003 was advertised. Mr.
Boucher stated that no ordinance was required for this meeting. Ms. Bowers included that
the Tentative Proposed Millage Rate is set in order to establish the proposed tax bill.
3. Outdoor Permit for the Walk for Bibles Event Sponsored by the Brevard
Baptist Association.
Mr. Leo Nicholas asked if the Outdoor Permit request was for a march or for door -to -door
solicitation. Mayor Randels explained that the object of the event was to raise money for
bibles through pledges to the Walk's participants.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
Page 3
A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to
Approve Items No. 1 through 4 on the Consent Agenda. The vote on the motion
carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem
Petsos, For; Mayor Randels, For and Mr. Treverton, For.
CONSIDERATIONS:
5. Motion to Approve: Cooperative Purchase to Landscape the A1A Welcome
Sign to Vila & Son Landscaping in the Amount of $17,155.53.
Mayor Randels stated that the Council had appropriated $20,000 to landscape the City's
north entrance City sign. Mr. Treverton inquired about lighting. Mr. Gardulski responded
he would use front lighting for the sign and upward lighting for the palm trees in back of
the sign. Mr. Gardulski pointed out the two options for power: 1) to tap onto the street
lighting in the area controlled by one photo cell, or 2) to bring power across the road.
Discussion followed on power options for lighting. Mayor Randels commented on the
$3,706 for re -use irrigation when reuse capability is available. Mr. Morgan pointed out that
if the Stottler, Stagg design concepts were included, the amount would exceed $20,000.
Mayor Randels requested eradication of the existing pepper trees.
A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the
Cooperative Purchase to Landscape the A1A Welcome Sign to Vila & Son
Landscaping in The Amount of $17,155.53. The vote on the motion carried 5 -0 with
voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
Mayor Randels, For and Mr. Treverton, For.
6. Motion to Approve: Authorization to Bid Manatee Sanctuary Park
Restroom /Pavilion Project.
Mayor Randels stated that Council's approval is requested to authorize bidding this
project as well as to waive the sewer impact and water hook -up fees in the amount of
$7,152.20. Ms. Hanson spoke in favor of the project's benefits. Mr. Morley stated that
he had consulted regularly with the engineer on the project. The pavilion cost factored
in any potential abuse to the property. Mayor Randels pointed out that the pavilion
would not be air - conditioned however the concept plans showed an air handler. Ms.
Hanson replied that the pavilion has no cooking capability but will have a microwave
and a refrigerator. Ms. Hanson replied to Mr. Morgan that the pavilion would be
constructed to wind load.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
Approve the Authorization to Bid Manatee Sanctuary Park Restroom /Pavilion
Project and to Waive the Sewer Impact Fees and Building Permits. The vote on
the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For,
Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
Page 4
7. Motion to Approve: Amendment to the Police Service Contract to Purchase
Additional Capital Equipment.
Mayor Pro Tem Petsos asked for clarification since the funds requested are already
included to cover other expenditures. Ms. Bowers affirmed that the money not needed
in this year's Law Enforcement contract has been used to fund City operations. Mr.
Boucher explained that the Council funded the additional positions for the Sheriff's
Department with $230,000 of Reserve Funds. During the Budget presentation the
Sheriff's Department reported $100,000 remaining unused however an employee
retired from the Department and funds were expended to offset his retirement leaving
approximately $80,000. Mr. Boucher suggested that the Council listen to Lt. Young's
reasons for the proposed purchases before making a decision. Mr. Boucher reported
that a large amount of Cash Forward was used to pay for the additional positions. He
stated that if any monies were received back from the Department, it should be
returned to the General Fund. Mayor Randels asked if the requested items were Capital
needs.
Lt. Young replied to Mayor Randels that purchasing the items now would offset future
expenses. Lt Young presented the benefits of each purchase and expressed in detail
how technology has added to the Department's efficiency. Mr. Hoog asked if any of the
cars are in a subsequent budget. Lt. Young replied that the cars with the highest
mileage or that are in need of constant repair are selected for replacement. Mr. Hoog
inquired about the decrease in Fines and Forfeitures. Ms. Bowers replied that Lt. Young
had reported a decrease in ticket issuance. Lt. Young also related that the Brevard
County Clerk of the Courts office is experiencing difficulty finding tickets in their
computer system. Mr. Gene Petre inquired how vehicle maintenance is performed. Lt.
Young replied that maintenance is performed at the County jail. Mr. Treverton inquired
about the difference in the requested costs from: $80,375 to $57,100. Lt. Young replied
that the cost difference was based on availability of the vehicles. Mayor Pro Tem
Petsos stated that the Law Enforcement five -year plan did not include these purchases.
Lt. Young replied that changing technologies make defined purchase times difficult. Mr.
Boucher concluded that this item could be discussed during contract negotiations.
The Item Failed for Lack of a Motion.
8. Motion to Approve: Quarterly Budget Report and Transfers for the Third
Quarter Ending June 30, 2003.
Ms. Bowers stated that she used the remaining Sheriff's department funds plus an
additional $36,000 to cover the increases in the budget. She stated that there was
approximately $78,000 in the Reserve Fund. Ms. Bowers stated that Worker's
Compensation costs were increased based on salaries as well as rates and the
Building Department jobs are considered high -risk employment. She also stated that
outside plan reviews accounted for an increase in the Building Department budget. Mr.
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City Council Regular Meeting
August 19, 2003
Page 5
Morley responded that the Building Department did not have an in -house plan reviewer
for some time, however staff now performs those reviews. He replied that a five -story,
stand -alone project such as Cape Club would require structural review at a cost.
However, that cost is recouped when the permit fee is paid.
Mr. Morley explained that there are two ways to pay for plans reviews: 1) to pay up front
and recoup in the end, or 2) to require an escrow deposit sufficient to cover the cost
before the review is submitted, then the money is available when the planning bill
arrives. He favored the second concept. Ms. Bowers stated that this quarter's Budget
Transfer is the last one for the fiscal year. Mayor Randels expressed disapproval with
the lack of coordination between the Clerk of Court and the Sheriff's office regarding
Fines and Forfeitures. Ms. Bowers related that she discovered approximately 240 data
input errors on the County Clerk's side and an undisclosed amount of errors on the
Sheriff's Department side due to tickets not attributed to the Cape Canaveral
jurisdiction. Mayor Pro Tem Petsos inquired about the 21 percent increase in the
Streets Department budget. Ms. Bowers replied that increased maintenance on City
facilities accounted for the increase such as the air quality study.
A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the
Quarterly Budget Report and Transfers for the Third Quarter Ending June 30,
2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr.
ru Morgan, For, Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton,
For.
ORDINANCES: Second Public Hearing:
9. Motion to Adopt: Ordinance No. 03 -2003; Establishing Height and Density
Requirements for Landscaping, Screening, Fencing, Walls and Hedges.
Mayor Randels read Ordinance No. 03 -2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 110 OF THE CODE OF ORDINANCES, RELATING TO REQUIRED
LANDSCAPING AND VISUAL SCREENING; PROVIDING FOR HEIGHT, DENSITY AND
PLACEMENT OF VISUAL SCREENING, SUCH AS FENCING, WALLS, AND HEDGES;
PROVIDING FOR REQUIRED VISUAL SCREENING BETWEEN COMMERCIAL OR
INDUSTRIAL AND RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INTERIOR
LANDSCAPING FOR OFF -STREET PARKING SPACE ALLOCATIONS WITHIN THE C -2
ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE
CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
Mr. Hoog asked if hedges were removed from the residential district. Attorney Garganese
stated that Subparagraph (b) contains regulations pertaining to hedges. He read from
Section 1, Subparagraph (b) which reads, "a minimum height at time of planting of three -
feet and will be required to reach a maximum height of six (6) feet" when used as a
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
Page 6
screen, "a density of at least eighty (80) percent opacity with two (2) years of planting."
Attorney Garganese replied that this requirement applies whenever a hedge is used as a
screen pertaining to any area. Mr. Hoog said that by removing the requirement from
residential, a hedge could grow unencumbered. He asked for clarification. Mayor Randels
replied that the intent was to allow a hedge to grow past six (6) feet. However, along the
front 25 -feet of a property line, four (4) -feet is the requirement and only allowed higher
growth between two neighboring houses. Attorney Garganese clarified that within 25 -feet
of a public right -of -way, a hedge could not exceed four (4) -feet in height the same as a
solid fence.
Attorney Garganese explained that Subsection (b) was created to relate to hedges. Mr.
Hoog said that a hedge on the corner of Poinsetta and Jefferson blocks visibility. Mr.
Treverton asked if the Code Enforcement office cites violations to the hedge height
requirement. Mr. Morley affirmed that observing hedge height is part of Code Enforcement
duties. Mayor Randels said that such a concern should be input into the City's complaint
tracking system. Attorney Garganese concluded that Subparagraph (a) applies to fences
and walls and subparagraph (b) to hedges. Mayor Pro Tem Petsos read from code
Section 110 -469, "at a corner lot in any zoning district nothing with the exception of traffic
signs, utility poles and open chain Zink fence or wire fence shall be erected, placed,
planted or allowed to grow between a height of 2 and '/z -feet and 10 -feet of the center
grade of the existing street and in the triangular area bounded on two sides by the street
right-of-way."
There was no contradiction in where hedges were allowed due to the reference made
within Section 110 -469. Mayor Randels concluded that Council would review Section 110-
469 during a subsequent code review.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
Adopt Ordinance No. 3 -2003 at second reading. The vote on the motion carried 5-0
with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
Mayor Randels, For and Mr. Treverton, For.
ORDINANCES: First Public Hearing:
10. Motion to Adopt: Ordinance No. 18 -2003; Repealing Section 50 -2 and
Amending the Adult Entertainment Code at first reading.
Mayor Randels read Ordinance No. 18 -2003 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, REPEALING SECTION 50 -2 OF THE CODE OF ORDINANCES;
PROVIDING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE, TO
CONFORM TO THE BREVARD COUNTY PUBLIC NUDITY ORDINANCE; AMENDING
THE PLATFORM REQUIREMENT FOR PERFORMERS IN ADULT ENTERTAINMENT
ESTABLISHMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND EFFECTIVE DATE.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
® Page 7
Mr. Hoog requested clarification on the differences between the County ordinance and the
proposed ordinance. Attorney Garganese stated that the County has a public nudity law
that applies with all municipalities. In that law cities are permitted to opt out if they desire,
however Cape Canaveral has not requested to opt out. Under routine Code review,
Section 50 -2 was adopted prior to the adoption of the County ordinance and to avoid any
inconsistency he recommended that the Council repeal Section 50 -2. This puts the City in
complete jurisdiction of Brevard County's Public Nudity law. Mr. Morgan asked if the
County's ordinance was in compliance with the Supreme Court decisions. Attorney
Garganese affirmed. Attorney Garganese restated that repealing Section 50 -2 would
eliminate any inconsistencies. He stated that the other component of Ordinance No. 18-
2003 is to establish consistency between the City's code and the County ordinance on
specified anatomical areas.
Ms. Shannon Roberts asked if the ordinance is helping to further protect the City in light of
what is permitted in Cocoa Beach. Mayor Randels replied that Adult Entertainment was
zoned to certain districts. The City of Cocoa Beach opted out of the County's ordinance.
A motion was made by Mayor Randels and seconded by Mr. Hoog to Approve
Ordinance No. 18 -2003 at first reading. The vote on the motion carried 5-0 with
voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
Mayor Randels, For and Mr. Treverton, For.
Attorney Garganese requested an acknowledgement from the Council to continue
review of Chapter 10 of the Adult Entertainment code and incorporate any
outstanding Supreme Court decisions. Council agreed.
11. Motion to Approve: Ordinance No. 22 -2003; Amending Section 54-47; Vessel
Control and Water Safety at first reading.
Mayor Randels read Ordinance No. 22 -2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE
SECTION 54-47 RELATING TO THE VESSEL CONTROL AND WATER SAFETY;
PROVIDING FOR A REVISED DEFINITION OF VESSEL; PROVIDING FOR THE REPEAL OF
PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Randels stated that this ordinance provided for updated language for a vessel.
There was no public comment.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to
Approve Ordinance No. 22 -2003 at first reading. The vote on the motion carried 5-0
*"* with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
Mayor Randels, For and Mr. Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
Page 8
•
12. Motion to Approve: Ordinance No. 23 -2003; Amending Section 62; Collection
of Solid Waste and Recoverable Materials at first reading.
Mayor Randels read Ordinance No. 23 -2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER
62 OF THE CITY CODE RELATING TO THE COLLECTION OF SOLID WASTE AND
RECOVERABLE MATERIALS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR
THE REGULATION OF RECOVERABLE MATERIALS; PROVIDING FOR THE REPEAL OF
PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
Mayor Randels explained that the term hazardous material was changed to hazardous
waste.
There was no public comment.
A motion was made by Mr. Hoog and seconded by Mr. Morgan to Approve
Ordinance No. 23 -2003 at first reading. The vote on the motion carried 5-0 with
voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
g ir Mayor Randels, For and Mr. Treverton, For.
13. Motion to Approve: Ordinance No. 24 -2003; Amending Code Section 34,
Article II, Litter at first reading.
Mayor Randels read Ordinance No. 24 -2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 34, ARTICLE II ENTITLED LITTER; PROVIDING FOR THE ADOPTION OF
CODE SECTIONS 34-42 AND 34-43; PROVIDING FOR THE REPEAL OF CHAPTER 34,
ARTICLE II, DIVISION 3 IN ITS ENTIRETY; PROVIDING FOR ENFORCEMENT OF THE
CITY'S CODE ENFORCEMENT BOARD OF LITTER CONTROL REGULATIONS;
PROVIDING FOR THE ABATEMENT OF LITTER AND ASSESSMENT OF COSTS;
PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING
FOR SEVERABILITY ;AND PROVIDING FOR AN EFFECTIVE DATE.
Ms. Shannon Roberts asked if palm fronds are considered litter. Mayor Randels replied
that yard waste did not apply to definition of litter.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to
Approve Ordinance No. 24 -2003 at first reading. The vote on the motion carried 5-0
with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
Mayor Randels, For and Mr. Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
Q Page 9
14. Motion to Approve: Ordinance No. 25 -2003; Amending Chapter 34, Relating
to Inoperable Vehicles at first reading.
Mayor Randels read Ordinance No. 25 -2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
CHAPTER 34 OF THE CAPE CANAVERAL CODE RELATING TO INOPERABLE
MOTOR VEHICLES; PROVIDING FOR A REFINED DEFINITION OF INOPERABLE
MOTOR VEHICLE; PROVIDING FOR SCREENING OF INOPERABLE VEHICLES
STORED WITHIN A CARPORT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND EFFECTIVE DATE.
Mr. Morley stated that the ordinance would adequately benefit enforcement. Mr. Hoog
asked if the ordinance excluded what is stored in a yard. Mayor Randels replied that if the
inoperable vehicle is stored outside, it must be covered.
There was no public comment.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to
Approve Ordinance No. 25 -2003 at first reading. The vote on the motion carried 5-0
with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
Mayor Randels, For and Mr. Treverton, For.
15. Motion to Approve: Ordinance No. 26 -2003; Amending Chapter 54,
Commercial Solicitation at first reading.
Mayor Randels read Ordinance No. 26 -2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54
OF THE CITY CODE RELATING TO COMMERCIAL SOLICITATION; PROVIDING FOR THE
REGULATION OF COMMERCIAL SOLICITATION UPON THE CITY'S BEACHES AND
WITHIN CITY PARKS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
There was no public comment.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to
Approve Ordinance No. 26 -2003 at first reading. The vote on the motion carried 5-0
with voting as follows: Mr. Hoog, For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
Mayor Randels, For and Mr. Treverton, For.
DISCUSSION:
-. 16. County Fireworks Regulation.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
Page 10
Mayor Randels related that he and the City Manager met in Commissioner Ron
Pritchard's office regarding fireworks regulation. He also related that Michelle Jackson,
Assistant State Attorney was available for assistance. He reviewed the six items
Commissioner Prichard proposed to help eliminate fireworks sales: 1) to have fireworks
designated as a ultra -high, hazard product, 2) to restrict fireworks sales to industrial areas,
3) to require sprinklers on permanent as a safety, 4) to contact municipalities for support,
5) to reduce incentive for seller's by requiring compliance records and making them
available for review and 6) to use code enforcement as a deterrent. Mr. Boucher related
that another meeting would be held on September 17 and possible development of a
draft ordinance. Mr. Boucher expressed the debate over which faction to cite, the sellers
or purchasers and Mayor Randels informed that fireworks could not be seized from the
purchaser. Mayor Pro Tem Petsos related that the Florida League of Cities lobbies for
fireworks regulation. Mr. Hoog asked why sales were allowed under agricultural purposes
when City streets and the beaches do not constitute agricultural areas. Mayor Randels
concluded that enforcement is not regulated.
Mayor Randels acknowledged five minutes left prior to the 10:00 P.M. hour and asked if
any Council member or staff desired to make a report.
REPORTS:
1. City Manager
r • Mr. Boucher requested that Council review the Request for Proposals for Consulting/
Engineer Services and submit a ranking sheet to the City Manager for the next City
Council meeting. Mr. Gardulski related that each bid's layout was easy to navigate for
pertinent information.
• Mr. Boucher reported that he would have cost estimates for the sales tax project list at
the next meeting.
• Mr. Boucher also reported that Verizon wireless solicited the City to install monopole
antennae at the Public Works facility. Mayor Pro Tem Petsos distributed information from
the League of Cities on what municipalities could and could not require and how much
could be charged.
2. Staff
Recreation Director
• No report.
Building Official
• Mr. Morley stated that all concerns regarding visibility at right -of -ways would be
addressed immediately.
City Clerk
• Ms. Stills reported on a favorable response to the School Crossing Guard recruitment.
Public Works Director
• Mr. Gardulski recommended a right turn only pattern for the school zone exiting into
Rosalind Avenue from the school in order to alleviate congested traffic at the Washington
and Rosalind Avenue intersection.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 19, 2003
Page 11
2. City Council
Mr. Morgan
• Mr. Morgan referred to a letter he received from Mr. Dell Matthews on Justamere Road.
He inquired about securing an Administrative Warrant to investigate the property. Attomey
Garganese stated that one could not obtain an Administrative Warrant for an owner
occupied dwelling. Mr. Morley expressed his awareness of the matter and stated that the
Building Department would address the matter on Friday moming. Mayor Pro Tem Petsos
inquired about habitual nuisance to condemn property and requested that the City Attomey
attempt to use that avenue.
Mr. Hoog
• Mr. Hoog reported on his first Annual Florida League of Cities conference attendance
and said that he would highly recommend it and found it informative.
Mr. Treverton
• No report.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos announced that he used a wireless access connection during
this evening's Council meeting and found it would benefit all of Council.
• Mayor Pro Tem Petsos also announced that he had submitted his resign -to -run letter
from the Council and said he planned to file to run for Mayor.
AUDIENCE TO BE HEARD;
Mr. Leo Nicholas inquired about the shuttle project. Mr. Boucher responded that he met with Ms.
Shannon Roberts and representatives from NASA and USA Space Alliance and the project is
progressing with meetings every two weeks. Concepts are forthcoming.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:15 P.M.
Rocky Randel , MAYOR
Susan Stil s, CITY. CLERK
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