CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
April 18, 2006
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council
Members Present:
Mayor
Pro Tem
Council
Member Jim
Morgan
Council Member Leo
Nicholas
Council
Member Buzz
Petsos
Mayor Rocky
Randels
Others
Present:
City
Manager Bennett
Boucher
City
Clerk Susan
Stills
Public Works Director Ed
Gardulski
PRESENTATIONS:
Change of Personnel at the Canaveral Precinct
Former Lt. Alan Moros was promoted to Major and announced that he has
left the Canaveral Precinct. Major Moros
thanked the City and staff for their support.
He introduced Lt. Jeff Ludwig as his successor. Major Moros stated that he transferred to
Special Operations on
Ocean Woods Development, Inc. and the New Waste
Management Cart System
Mayor Randels reported that
Waste Management, Inc. sent a truck into the Ocean Woods Development for the
new Cart System. The Ocean Woods
Homeowners’ Association President distributed a diagram to illustrate the
sixteen streets in a layout. He stated
that
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of April 4, 2006.
2. Resolution No. 2006-14; Appointing an
Alternate Member to the Business and Cultural Development Board (Darrell
Peterson).
3. Resolution No. 2006-15; Appointing an
Alternate Member to the Code Enforcement Board (Edward Ciecirski).
4. Resolution No. 2006-16; Reappointing a
Regular Member to the Community Appearance Board (Randy Wasserman).
Mayor Randels asked if any Council member, staff or
interested party desired to remove 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. Petsos and seconded by Mr. Morgan to approve Consent Agenda Items No. 1 through 4. 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.
CONSIDERATIONS:
5. Motion
to Approve: Grant Agreement with
Caribbean Conservation Corporation, Sea Turtle Grants Program.
Mayor Randels explained that this is a grant from
the Caribbean Conservation Corporation for $8,920 to retrofit the 65 public
street lights at the beach ends to turtle friendly fixtures. Ed Gardulski, Public Works Director, informed
the grant was attained through the efforts of Public Works and Code Enforcement. He informed that he attended the grant
selection committee meeting in
A motion was made by Mr. Morgan and seconded
by Mr. Petsos to Approve the Grant Agreement with Caribbean Conservation
Corporation, Sea Turtle Grants Program. 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.
6. Motion
to Approve: Authorization to Purchase
(7) Tasers in the Amount of $7,000.
Mayor Randels stated that the request would be
funded through police impact fees. Major
Moros called on Lt. Ludwig to distribute the policy for use and for a
Powerpoint presentation. Lt. Ludwig
informed the Council that tasers require a 4-hour training session. He related that tasers are used worldwide and
are a useful tool in law enforcement.
Lt. Ludwig is an instructor and noted that the response to taser use has
been effective in gaining control over violators. Lt. Ludwig stated that there are currently 35
tasers on the road. He reported that
taser use allows for a reduction in officer injury and could save up to $2
million in liability costs.
Lt. Ludwig stated that the taser unit costs $810 for
one holster unit. The secondary holster
is $50 and cartridges are $25 per piece.
He informed that the length of taser deployment time can be calculated
through a dataport downloaded from the unit. In reply to Mr. Morgan’s question
on fatalities, he stated that the Florida Department of Law Enforcement Taser
Advisory Group oversees taser use. The
Orange County Medical Examiner is a member of that group and no fatalities have
been attributed to taser use. Ms. Kathy Reakes of the Hometown News asked why a
taser could not be used when a person has a firearm. Lt. Ludwig replied that the taser is not an
advantageous weapon in all situations.
Lt. Ludwig delivered his Powerpoint
presentation. Council discussion
concluded that after training, the weapon was effective protection for officers
and also provided an insurance savings.
Lt. Ludwig replied to Mayor Randels that he did not anticipate its use
at the elementary school level. However,
in
A motion was made by Mr. Petsos and seconded by Mr. Morgan
to Approve the Authorization to Purchase (7) Tasers in the Amount of $7,000 and
to Secure Grants for Additional Purchases.
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.
DISCUSSION:
7. Ballot
Question Amending the City Charter, Article III, Section 1, Elected Officers,
Qualifications and Terms.
Mayor Randels stated that the item was discussed on
March 21st and April 4th and was tabled until April 18th. The City Attorney’s office provided extensive
research to include samples from the National League of Cities model
Charter. Mayor Randels stated that the
public views the Council with a higher view of accountability and Council needs
to set an example. He favored some Code
provisions from
Mr. Morgan asked if the intent was to place a
referendum on the ballot. Mayor Pro Tem
Hoog replied that the ethics matter was the concern. He informed that someone offered to perform a
background check at no cost to the City other than the cost of telephone
time. He replied that an ethical
background check was not done. Attorney
LaTorre explained that Legal Counsel would draft language for a referendum that
the City Council would plan to amend its Qualifications and Terms for Elected
Office. She explained that the Council
could not be discriminate in its appointments of governing or volunteer Boards. Mayor Randels replied to Mr. Petsos that a violation
of ethics was not one of the requirements to serve in the City’s public
office. Mr. Petsos reminded that the
City of
Dr. Charles Pindziak stated that the Council is held
to a higher standard. He stated that if
the voters feel that a person found guilty of varying levels of felony charges
or an Ethics violation should not hold public office, then the person should be
removed immediately. Additionally, he
also believed that the person should not run for office. Dr. Pindziak stated that the Council should
proceed and take action to hold themselves accountable to the electorate. Mayor Randels read the City Attorney’s
statement that under the City Charter, Council did not have the authority to
establish the qualifications of the Mayor and Council. Dr. Pindziak asked the Mayor, as an
individual, if the electorate should vote to remove any person who is guilty of
an ethics violation. Mayor Randels replied that the question did not provide a
clear-cut response. Dr. Pindziak
suggested letting the people decide through a vote and once a member is found
guilty of a felony, they should be removed automatically. Mayor Randels noted that the issue included
those members already in office. He
clarified that the Governor suspends a public official in the course of an
investigation for impropriety and if found guilty, the Governor removes the
members from office. Dr. Pindziak
explained that a more stringent City code would circumvent the Governor’s
authority to remove and the action would occur through code application. The voters should decide since the Council is
held to higher accountability. Mayor
Randels affirmed for Dr. Pindziak, as an individual, that a person holding or
running for office should not have an ethics violation.
Ms. Judy Lau of Coral Drive stated that there are
two issues: 1) did the Council desire to amend the Charter to disallow holding
public office if the person was convicted of a felony or ethical violations,
and 2) if a person commits a felony while holding office, the person is
suspended until the matter is determined by a court of competent jurisdiction.
Ms. Lau said that in establishing qualifications no person should be allowed to
run for Public Office or a Board who has a felony or ethics violation. As a next step, a person serving on Council
or a Board should be suspended pending an outcome until the matter is
determined and if convicted, then removed.
Mr. Nicholas expressed that the adjudication process could extend for a
year or more. Ms. Lau replied this is
due process. Mr. Donald Dunn, Ocean Wood
resident, questioned how long the violation would apply as the infraction might
have happened during youth. Mayor Pro
Tem Hoog replied that the same type of application restrictions would apply to
any private or governmental entity. Mr.
Dunn stated that there are only two requirements to seek the Office of
President of the
The City Clerk replied to Mayor Randels question
that the referendum language must be submitted to the Supervisor of Elections
office 90 days before the election. The referendum would also be published in
the fifth and third weeks prior to the election. Mayor Randels clarified that the language
must be established by August. Council
requested the City Attorney to draft language for a referendum. Attorney LaTorre asked if Council preferred
any of the samples in the model Charter.
Mr. Petsos stated not to have the Council review the requirements for
removal, but to provide for automatic removal through the Charter. Mr. Randels clarified that the language would
hold the Council to a higher standard of ethics.
Mr. Nicholas stated that he was the subject of this
discussion. He expressed that Mayor Pro
Tem Hoog had publicly expressed that he was not in favor of the election’s
outcome as quoted in a news article. Mr. Nicholas explained that he was
convicted of an ethics violation while he was City Manager. He appealed and lost the appeal. The Ethics Commission’s decision was for him
to be fined and censured. Subsequent to
his appeal, the City Council removed him from office as they were
entitled. He said that this discussion
was presented on a political basis and he paid his penalty. Mr. Nicholas stated
that he campaigned before the public, and since the ethics violation was
stated, the electorate was aware of his background during the election
process. He said that this discussion
did not arise until he took a seat on the Council and he viewed the discussion
personally. Mr. Nicholas stated that he
understood the implications if the people were put to a vote. However, he informed he would not leave
office quietly. He expressed that, as
Mr. Petsos mentioned Civil Rights, his Civil Rights might be in the process of
violation. Attorney LaTorre concluded
that this action would require a referendum to amend the Charter. Dr. Pindziak restated to allow the electorate
to determine if a Council member is removed for a felony or ethics violation.
8. Density
Study Report.
Mr. Todd Peetz displayed a map that outlined the over density of units per area
per type of zoning. Mr. Morgan informed
that the City lowered density by referendum. Mr. Peetz pointed out the hot
spots where density exceeded 15 units per acre.
He informed that the Brevard County Property Appraiser’s Office supplied
the data. Mr. Peetz stated that there
are currently 106 acres in some non-residential density that might allow for a
park. He stated that when redevelopment does occur, many single-family homes
are reconstructed as townhouses and triplexes at 13 units per acre; however,
constructing at 15 units per acre in some other areas would create
balance. Mr. Peetz noted the
high-density areas. Mr. Peetz stated
that
A
motion was made by Mr. Petsos and seconded by Mr. Morgan for an Add-On
Item. 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.
ADD-ON
ITEM:
9. Motion to Adopt: Resolution No. 2006-17; Supporting the
Construction of a Performing Arts Theater at
Mayor Randels read
Resolution No. 2006-17 by title.
A
RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVRD COUNTY, FLORIDA SUPPORTING
THE CONSTRUCTION OF A PERFORMING ARTS THEATER AT COCOA BEACH JR/SR HIGH SCHOOL
(CBJSHS)
Mr. Petsos
explained that the Cocoa Beach High School Advisory Council brought up the
construction for the
A
motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve
Resolution No. 2006-16. 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.
A
motion was made by Mr. Morgan and seconded by Mr. Petsos to Extend the Meeting
to 10:15 P.M. 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.
1.
City Manager
·
Mr. Boucher reported that the traffic study is
complete and Council was provided a copy.
Stan Payne of Port Canaveral and the Florida Department of Community
Affairs were also sent copies.
·
Mr. Boucher reported that the Business and Cultural
Development Board would meet with Dr. Wright of the
·
Mr. Boucher reported on staff’s attendance at the
National Hurricane Conference in
·
Mr. Boucher announced that Council Member Jim
Morgan turned in his resignation letter as of May 30th. Council would need to consider how they
planned to select a replacement.
2.
Staff
Public Works Director
·
Mr. Gardulski reported that
City Clerk
·
Ms. Stills reported that the City Attorney would
draft an amendment to the ordinance establishing the qualifying period
in order to coincide with the Supervisor of Elections need for municipal
qualifying to end before September 4th.
·
Attorney LaTorre reported two
lawsuits against the City: 1) Triple J Investments regarding the Lot 3
in the
AUDIENCE TO BE HEARD:
·
Mr.
Dave Barker of Canaveral Breakers Annex reported on transients on the
premises at the adjacent lot. He
reported that the owner was noticed clearing the perimeter; however, not in the
back area where the transients were sleeping.
He stated that this was a persistent problem. Mr. Barker was told that law enforcement can
enter the property and prosecute with the owner’s permission.
3.
City
Council
Due to the lateness of the hour, no reports
were forthcoming.
ADJOURNMENT:
There being no further
business, the Chair adjourned the meeting at 10:15 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________
Susan Stills, CITY CLERK