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HomeMy WebLinkAboutMinutes 04-18-2006 RegularCITY COUNCIL REGULAR MEETING CITY HALL ANNEX 'l11 Palk Avenrue, Cape Canaveral, Florida TUESDAY April 18, 2006 7:00 PM MINUTES GALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher Assistant City Attorney Kate LaTorre 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 Merritt Island. His transfer was effective as of Friday, April 1 e but is assisting Lt. Ludwig with his transition. Major Moros replied to Mayor Randels that the Council takes a pro - active stance in public safety and should continue. He stated that law enforcement would strive to make a difference in quality of life issues. The City and law enforcement have a tremendous partnership in Cape Canaveral and he can see the direct impact of law enforcement work in a smaller community. Public safety goals this year will continue to improve the quality of life for Canaveral citizens. Council members thanked Major Moros for his services. Lt. Ludwig stated that he has served 19 years with the Sheriff's office and has worked with every Precinct except Cape Canaveral and he is looking forward to duty. City of cape Canaveral, Florida City council Regular Meeting April 18, 2006 Page 2 of 8 '- 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 Mr. Dennis St. Pierre supervised the side-loading truck operation and a 64- gallon container in the development and found that a rear - loading truck, and extra person, and a 32- gallon container might provide more efficient performance. Mr. Nicholas questioned limited service. Mr. Boucher informed that staff and Waste Management representatives worked together and found some routes smaller in the mobile home parks. council remarked on some of the difficulties for traffic because of truck maneuvers. Discussion followed on using smaller containers. Mr. Boucher replied that Waste Management would need to access individual situations for a feasible operation. Mr. Petsos noted the impact of traffic congestion due to the new Saturday pick -up date in a beach community. Mayor Randels replied to a question that the green waste pick -up on Monday allowed for debris removal after the weekend. Mayor Randels concluded that Deep Brevard , Beautiful would attempt to recycle the old containers through a collection program. CONSENT AGENDA: 1, city council Regular Meeting Minutes of April 4, 2005. 2. Resolution No. 2005 -14; Appointing an Alternate Member to the Business and cultural Development Board (Darrell Peterson). 3. Resolution No. 2005 -15; Appointing an Alternate Member to the Code Enforcement Board (Edward Ciecirski). 4. Resolution No. 2005 -15; 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. City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2006 Page 3of8 Mayor Randels explained that this is a grant from the Caribbean Conservation Corporation for $8,920 to retrofit the 85 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 Gainesville. The funding is generated from the Sea Turtle License plates. Mr. Gardulski stated that the Cape Canaveral grant was commended as a complete package and the City was a first in government to receive this type of grant. He informed that Public Works would perform Maintenance of Traffic during the Florida Power and Light installation in order to defray costs. Mr. Gardulski replied to Mr. !Nicholas that the type of retrofit would depend on the type of existing fixture. 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 Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 5. Motion to Approve: Authorization to Purchase (7) Tasers in the Amount of $7 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 Grange County, a taser was used to subdue a �- student and to prevent a homicide at an elementary school. Major Moros stated that a City of cape Canaveral, Florida City council Regular Meeting April 18, 2006 Page 4 of 8 School Resource officer would be equipped at some point with a taser for safety purposes involving adults. City Council expressed their support of the taser purchase. 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 21 and April 0 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 St. Petersburg and Satellite Beach to include relief from duty in the case of disability. Mayor Randels read the current qualifications to serve on the Council: 1) to be a resident, 2} to possess the qualifications, and 3} to attend the meetings. Mayor Pro Tem Hoog stated that he opened the subject due to questions from the public. Mayor Randels referred to Page 2 of the model Charter that explains the term moral turpitude as a crime whether felony or misdemeanor that violates community standards of morality and involves an element of knowing or intent by the perpetrator. He stated that the Florida Statutes allows cities to have more stringent qualification requirements. 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 Palm Bay had an issue that infringed on a violation of civil rights. Mayor Pro Tem Hoog replied that adjudication became the issue for Palm Bay. 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 City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2006 Page 5 of 8 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 United States; 1) to be at least 35 years of age, and 2) to be a resident of this country. 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, City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2006 �. Page 6 of 8 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. Cdr. 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 100 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 North Atlantic Avenue has 25 percent Capacity remaining and 15 percent on State Road Al A. The City is at two- thirds plant capacity at its sewer treatment plant. Mr. Peetz stated that the parks level of service is 2 acres per thousand people. He concluded that the City is within a few thousand people of its level of service. Mayor Randels summarized that the City is 92.3 percent built out. Mayor Randels noted that what happens outside of the City limits would affect the roadway. He also noted that new units are built at 10.0 units per acre. Mr. Nicholas questioned mobile home park zoning. Mr. Peetz replied that there is no commercial zoning but R -3 zoning along the river. Mr. Nicholas expressed concern with condominium conversion creating more density. 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 Tern Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor. Randels, For. ADD- ITEM: 9. Motion to Adopt: Resolution No. 2005 -17; Supporting the Construction of a Performing Arts Theater at Cocoa Beach Jr/Sr High School (CBJSHS). Mayor Randels read Resolution No. 2006 -17 by title. City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2008 Page 7of8 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVRD COUNTY, FLORIDA SUPPORTING THE CONSTRUCTION OF A PERFORMING ARTS THEATER AT COCOA BEACH JRISR HIGH SCHOOL (CBJSHS) Mr. Petsos explained that the Cocoa Beach High School Advisory Council brought up the construction for the Cocoa Beach Performing Arts Center and that a variance is required for the 61 foot construction. He stated that a 5 -0 vote of the Commission is needed for it to pass. He requested support in that the construction would not increase density in the City. A motion was made by Mayor Pro Tern Hoog and seconded by Mr. Petsos to Approve Resolution No. 2005 -15. The vote on the motion carried 5 -0 with voting as follows: Mayor Pro Tern 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 Tern Haag, 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 University of Central Florida to establish the questions for the Business survey. • Mr. Boucher reported on staffs attendance at the National Hurricane Conference in Orlando. He related how government would establish contingency contracts with supermarkets for food, water and ice distribution. Insurance companies are demanding compliance with the International Building Code Standards. He reported that Louisiana State now has only six certified Building Officials. Mr. Boucher related that insurance companies would support those communities with more stringent codes. The State of Florida is a leader in disaster preparedness. He related that walmart now has its own Disaster Recovery Division. • Mr. Boucher announced that council Member Jim Morgan turned in his resignation letter as of May 30 Council would need to consider how they planned to select a replacement. 2. Staff Public Works Director City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2006 Page 8of8 • Mr. Gardulski reported that St. Johns has advertised watering only two times per week and he advised that residents follow the same guidelines in order to conserve water during this season of drought. 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 Assistant City Attorney ■ Attorney LaTorre reported two lawsuits against the City: 1) Triple J Investments regarding the Lot 3 in the Harbor Heights subdivision, the firm filed a Writ of Certiorari to appeal the Board of Adjustment's denial of their Special Exception, and 2} Virginia Haas, Assistant City Clerk, filed a Civil Rights Act claim alleging Gender Discrimination in compensation matters. Council should address questions in the Haas case with Attorney Joel B l itch. Council was advised not to discuss the cases with any plaintiff but to contact the City Attorney's office with any questions. 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. Rooky Randels MAYOR Susan fiflts`-t ITY CLERK p s