HomeMy WebLinkAboutMinutes 08-07-2015 SpecialCITY COUNCIL SPECIAL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
FRIDAY
August 7, 2015
4:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 4:00 P.M.
ROLL CALL:
Council Members Present:
Council Member John Bond
Mayor Pro Tem Bob Hoog
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Betty Walsh
Others Present:
City Manager David L. Greene
City Attorney Anthony Garganese
City Clerk Angela Apperson
PUBLIC PARTICIPATION: None
DISCUSSION:
1 . Discussion and any action deemed necessary related to the 2015 Municipal
Election and the Method of filling City Council vacancies created by the resignation of
Council Members Hooq and Petsos: Attorney Garganese summarized the details/events
that led to this meeting and reviewed portions of his legal memorandum. He indicated
the issue is whether the November 3, 2015 General Election is an intervening election
which will allow filling of the vacancies. The City Council discussed whether there is an
intervening election. A consensus was reached that there is an intervening election
and the vacancies will be filled at the election. Discussion moved to the ballot layout,
City Code Section 2-26, whether there could be a ballot item for the election of the Mayor
and a separate ballot item for the filling of the vacancies; whether to modify Section 2-26
to provide for separate ballot items; the language in the prior City Charter; the qualifying
period for individuals to become candidates to fill the vacancies and the length of same.
Based upon the discussion, Attorney Garganese recommended amending Section 3 of
the Draft Emergency Ordinance to provide for a separate ballot item for filling the
vacancies. He requested Council decide whether to extend the Qualifying Period for the
City of Cape Canaveral, Florida
City Council Special Meeting
August 7, 2015
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Mayor's seat and to set a qualification period for filling the vacancies. City Manager
Greene stated the Supervisor of Elections has indicated they must receive ballot
information by August 28th. The qualification periods were discussed. Consensus was
reached to have the qualification period for filling the vacancies as 8/10/15 at 9:30
a.m. to 8/27/15 at 5:00 p.m. and the qualification period for Mayor will stay the same.
Attorney Garganese recommended amending Section 5 of the Draft Emergency
Ordinance to show Council Member positions as a separate ballot item. Whether
individuals would vote for one or two candidates was discussed. Consensus was
reached to show Council Member Positions as a separate ballot item and to vote
for two. Attorney Garganese restated the amendments to Sections 3 and 5 and noted
the declaration of the emergency situation is incorporated in the "Whereas" clauses.
Mayor Randels referred to page 9 of the memo from the City Attorney and asked if this
fundamental principle was considered. Attorney Garganese indicated whenever you can
avoid a vacancy it should be avoided and have the items on the ballot. The Public Hearing
was opened. Desmond Wassel restated his understanding that there will be two ballot
items. He inquired if someone could be on both sections of the ballot, (the Mayor's race
and the two open Council Seats), to which a negative response was received. Mr. Wassel
asked if the candidate who ran for office in 2014 but was not elected to office could be
appointed to one of the vacancies, to which a negative response was received. Angela
Raymond advocated for voting rather than appointing individuals to the vacancies. She
liked the thought of having new individuals involved in the City. The Public Hearing was
closed. A motion was made by Council Member Petsos, seconded by Council
Member Walsh, to approve the Emergency Ordinance as amended by the City
Attorney. The motion carried 5-0 with voting as follows: Council Member Bond, For;
Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and
Council Member Walsh, For.
Council Member Walsh reiterated the change in qualifying times. Council Member Bond
thanked all involved with this issue, and acknowledged the amount of time spent by the
City Attorney. Mayor Randels also expressed appreciation to the City Attorney.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 4:45 P.M.
Rocky Randels, Mayor
Angela M. Apperson, MMC,
City Clerk