HomeMy WebLinkAboutMinutes 05-05-2009 (2)CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 5, 2009
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Hoog
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Council Member
Betty Walsh
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
Public Works Director
Walter Bandish
Recreation Director
Robert Lefever
Planning and Development Director
Barry Brown
REPORTS:
City Manager — [Verbatim Transcript]
Mr. Boucher, "One thing I would like to talk about is expectation of good faith and that
good faith in dealing with the City Manager and people that come before the City
Council. I believe that there was a breach of trust that occurred after the City
Council Meeting on April 7. That breach occurred among Mayor Rocky Randels,
Council Member Betty Walsh and Council Member Shannon Roberts who had a 10 -
minutes conversation after the Regular Meeting about the City Manager, his
performance, a form that was delivered to the City Manager that agreed upon during
this [10 -minute] meeting and was subsequently delivered to me. The action of these
three City Council Members is a breach of public trust and they have compromise their
positions as Elected Officials to do the City's business in good faith going forward. Any
Agenda items going forward will be subject to interpretation if it was acted upon in good
faith. I have an audio CD of that 10 -minute conversation as proof that it occurred, I am
passing out the action item that was delivered to me as a result of the discussion of that
meeting. It is deplorable that the City has City Council Members that have acted
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City Council Regular Meeting
May 5, 2009
Page 2 of 15
outside of the Sunshine. This community deserves better Elected Officials; this
community deserves Elected Officials that do the business of the City in the sunshine
with honesty and integrity. I find that lacking.
Ms. Roberts, "Bennett, do you have a copy of the transcript of this conversation."
Mr. Boucher. "It is public record; anyone can request a copy of the CD of April 7, 2009
and can hear that conversation."
Mayor Randels, "What is this that you have passed out about internal...."
Mr. Petsos, "Can I get a copy of that CD?"
Mr. Boucher said, "This E-mail was sent to me during a discussion; it was decided that
to help Bennett in his management performance they were going to send me this form
to help me better, whatever, so I got this E-mail and this Excel spreadsheet sent to me
out of the blue from Betty Walsh."
Ms. Roberts, "I hope you don't mind; this was going back to Anthony's [the City
Attorney] guidance to us and we can send information to you and copy the others as
long as we are not acting on it. This was, as I understand it, a tool that you could use to
help in tracking our actions which has been frustrating to us in public meetings. So, I
know that I did not respond back to you on this, I do not know if the other Council
Members did, but my perception of what Betty did here, was to provide you with a tool
to help you with your effectiveness."
Mr. Boucher, "But you discussed that after the Regular Meeting was adjourned; yawl
discussed it outside of the Sunshine; outside of where I could have had commentary;
where I could have defended myself."
Ms. Walsh, "Defended yourself though because this was just a format of the
management issues that we have discussed at Council putting a status around it and
putting some sort of..."
Mr. Boucher, "Well the 10 -minute conversation, you need to listen to it, I could try to
play it back tonight from the computer if yawl want to try to listen to it. But I, 1 just think
that as Council Members and Elected Officials the Sunshine Law, you know, you can't
violate that, that's one of the key components of being an Elected Official. When you do
the people's business, people out here need to know that it's being done openly and
fairly and in dealing with me that hasn't occurred and quite frankly I am upset about it."
Ms. Roberts "Well, I know the intent here was to help you and I have to go back and
listen to the CD."
Mr. Boucher, "You had a 10 -minute conversation out of the Sunshine. You better ask
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City Council Regular Meeting
May 5, 2009
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the City Attorney what the ramifications are of that action by the three of you because
there are ramifications."
Ms. Roberts" Well I have to —[Mr. Boucher speaking here.] as you say — and we have to
listen to the context of it."
Mr. Boucher — "You need to be aware."
Mr. Petsos "Anthony, do you recommend we listen to it now?"
Attorney Garganese, "Ah, it's public record. [voice too low to understand] You probably
should since the City Manager brought it up to get the context of what he is saying"
Ms. Roberts, "So..."
Mayor Randels, "Do you have enough volume on there?"
Mr. Boucher, "I'll try to get it fired up."
Mayor Randels "What is this, this Form here that you have passed out?"
Mr. Boucher, "That's what they agreed to send me when they had their private meeting."
Ms. Roberts, "That was, to my recollection, I know you are going to play the CD, we
didn't agree that we were going to do anything. This was an initiative that one of the
Council Members was proposing to help you. So we didn't have a discussion or vote on
it or anything like that."
Mayor Randels, "Have you listened to this Anthony and heard anything on it."
Attorney Garganese, "I have not."
Mr. Boucher played the 10 -minute audio portion of the April 7th Meeting that occurred
after the Regular City Council Meeting.
Mr. Boucher, "That's the end of it."
Mayor Randels, "I don't think I heard anything in there that would be an item we would
have to vote on that would be a violation of the Sunshine Law. I maybe didn't hear
everything. I heard everything from Lift Stations, to templates, to list seven or eight
items, parking board items, the goal should be to start on time, not there until we are
done. I don't think there was any, in fact I would probably say, we have always, looks
like there were 10 or 12 people in here."
Mayor Pro Tem Hoog, "You must have been here until 12 o'clock as long as that took."
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City Council Regular Meeting
May 5, 2009
Page 4 of 15
Mayor Randels "Well, I do stay (laughter) that's the only office I have over there, I get
my mail every evening after the meeting for a couple of hours. There were other people
in here that heard it also, there were other people, so it wasn't just a consolidated type
meeting of two or three people, if I remember, must have been a lot of voices. What
constitutes a violation of Sunshine, if you discuss something privately that will be voted
on later?"
Attorney Garganese "You know in the world of located Elected Officials, you are a
member of the same Board, you know, you are prohibited by law from speaking on
issues that could foreseeably come before your Board for action."
Mayor Randels, "That's true."
Attorney Garganese, "It doesn't have to be an Agenda item, just something that could
foreseeably come before the Board. That's the technical threshold issue"
Mayor Randels, "Un huh."
Attorney Garganese, "It's, it's, it's very, the golden rule is very prudent for Elected
Officials of the same Board to, ah, refrain from discussing any City business whether
you know it's going to be foreseeable or not, [inaudible] you stay pure to the golden rule
and you don't let that issue decide what's foreseeable, you know, but that's, that's the
golden rule, that all Councils and Elected Officials follow, it's the safest course of
action."
From the audience: "Is there a microphone?" [South of: Someone hitting one of the
microphones.]
Mayor Pro Tem Hoog, "It was pretty close in gray areas though, I mean talking about
items that we've discussed already."
Mayor Randels, "Yeah."
Mayor Pro Tem Hoog, "This management tool that Betty put in here was one of the
items that we have been discussing as Council that was one of the discussion items. I,
you know, I just, refrain from talking about anything, [Inaudible] You never what it's
going to bring. You know, the discussion of several items, it was kind of gray to me, but
I would, I would just refrain from talking on the dais about anything like that. Keep your
nose clean"
Mayor Randels, "if you recorded it and I was there it must have happened." (Laughter)
Mayor Pro Tem Hoog, "It did Rocky"
Mayor Randels, "I don't know how long we stayed. Walt, [Public Works Director] I think
you were there talking about Lift Stations, or something, ...David?"
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City Council Regular Meeting
May 5, 2009
Page 5 of 15
Mr. Frank Kuhn, "How was that recorded?"
Mayor Randels, "I don't' have any idea Frank. I don't know, I think I was sitting over
there , and I think the ladies were standing, I don't know where you were standing, and I
think there was a group in the back."
Mr. Frank Kuhn, "Whose microphone was on."
Voices: They were all on.
Mayor Randels, "I don't think that the microphones are turned off. They are if we
remember to do it. If the City Clerk turns them off, or if everything goes through the
checklist of 20 items, they may get turned off; they may not. We come in many times
that next day and they are still on."
Mr. Frank Kuhn," I think you could be in violation of recording conversations without
consent."
Mayor Randels, "I don't know."
Mayor Pro Tem Hoog, "Anything up here is not be enclosed- open mikes"
Mayor Randels, "We are subject to everything, whenever over heard."
Mr. Frank Kuhn, "I didn't hear anything bad. Are you people planning on voting in the
next year on Bennett."
Mayor Pro Tem Hoog, "We don't know."
Mr. Frank Kuhn, 'What I learned today, almost ..., I made phone calls to different
municipalities in and around the City of Cape Canaveral. One that YOU [Mayor
Randels] told me, where in the good gosh name, everyone is talking about the bad, very
bad situation this country is in, every city, every town, every county, where does the City
of Cape Canaveral get off paying over $100,000 for an individual to supervise maybe 50
employees. I know many in Cape Canaveral right now today..."
Mayor Pro Tem Hoog, "We are getting off the subject."
Mayor Randels, "Frank, you are correct, but you are not on the table up here. It is us.
We are on another item here."
Mr. Leo Nicholas, "This is a very, very grave accusation that has been cast down.
have been down that road before and I can tell you that the effects can be very
disastrous and I really think you need to get some further investigation into where you
stand, maybe through the City Attorney, I don't know, or to the State in some way. But
please don't let this pass by it is a very serious accusation and I don't have any doubts
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City Council Regular Meeting
May 5, 2009
Page 6 of 15
or qualms about anybody up there on that dais, but it's been thrown, you may have
been thrown in a punch bowl and nobody likes it but it's there and you need to, you
really need to look at it. It's unfortunate that the accusation has been made but you all
operate [Mayor Randels, "Yeah, under all eyes.] under the same guidelines."
Mayor Randels, "Okay, I'm sorry Frank."
Mr. Frank Kuhn, "I suggest, how about the Attorney."
Mayor Randels, "That will have to be something we will have to decide and go on, but
we are here for another matter. City Manager do you have any other reports."
Mr. Petsos,"I would like to get a copy of that so I can listen to it again."
Mayor Randels, "Yeah, it's pretty weak."
Mr. Boucher, "And anybody can get a copy of it; it's public record. The problem I got as
the Manager, yawl discussed my Evaluation at the Regular Meeting and then afterwards
after we adjourned, the three of you were discussing items about my management style
that you were going to talk about with me at some future meeting. I agree with Leo, this
matter should be looked into by whatever authority under the law should look into it. It
needs to be evaluated fairly by those that have the authority of the law to evaluate it."
Mayor Randels, "That would be the Ethics Commission, right?"
Attorney Garganese, "First of all, as the City's Attorney, as I have advised the Council
from time to time and I think most recently in our last presentation, that you keep your
discussion from gavel to gavel. In fact, I think that was one of the slides I put up during
my presentation on the Sunshine Law, keep your conversations from gavel to gavel, do
not discuss any City business outside of a public meeting. That's the golden rule. As
Councilman Hoog said, you know, just assume everything you talk about affects the
City. [Inaudible] just don't discuss it with fellow Council Members. Secondly, you know,
I have been down this road before and I know the Manager [inaudible] you need to
realize that there is potential Civil and Criminal violations of Sunshine Law and as the
City's Attorney I could not represent any of you, if such case was brought by the State
Attorney's Office or the Ethics Commission. As the City's Attorney and I advise you as
a group of what your responsibilities are, but in these types of situations if there were
things that affect you individually I could not advise you it would be recommended that
you have separate counsel."
Ms. Roberts, "So what is the next step."
Mayor Randels, "I think that probably for each of us individually needs to determine
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City Council Regular Meeting
May 5, 2009
Page 7 of 15
where we stand; was there a violation and be prepared to defend it; but I think that's,
that's our individual..."
Attorney Garganese, "I think the next step going forward is for Council Members to
listen to what I have said about gavel to gavel discussion going forward, whether there
is anything to deal with, you need to reflect on that going forward let's try to be careful
and keep the discussion gavel to gavel."
Mayor Randels, "City Manager do you have any other items going forward?"
Mr. Boucher announced that City Staff would attend an Economic Stimulus
Summit in Orlando on May 15th.
Mr. Boucher announced that a Homeowners Association, Ocean Gardens,
decided to humanely transfer some of the peacocks. Mayor Randels informed that
the Ocean Gardens HOA had spoken with a farm in the Carolinas. Mr. Petsos
stated that these homeowners were taking a proactive approach. Mr. Donald Dunn
expressed his favor with the birds to which another resident agreed. Mr. Leo
Nicholas related on the birds consistent screeching.
Ms. Joyce Hamilton disclosed that a gentleman on Merritt Island has a 100 -acre
property and he would be willing to accept more of the birds should the City desire
to do so. Mr. Nicholas clarified that although he found the birds to be a nuisance,
he would not harm them. Mayor Pro Tem Hoog asked the City Attorney of potential
endangerment of a driver, in the course of avoiding a peacock, injuring a
pedestrian. Attorney Garganese responded that the City could take some action to
abate the nuisance.
STAFF
Public Works Director
• Mr. Bandish announced that there was $15,000 set aside in the Budget for
Holiday Decorations. As a result of discussion with the Beautification Board,
they recommended not to purchase any new decorations as a cost saving effort
for the City.
Planning and Development Director
Mr. Brown announced the beginning of the Community Visioning Meeting on
Thursday, May 14th at 6 P.M. at the Radisson Convention Center. He stated
that color flyers were available for city wide distribution. Ms. Roberts questioned
if Mr. Brown planned to submit to Council the Marketing Plan which had been
committed to in earlier planning stapes from either Mr. Phil Laurien, of the Florida
East Coast Regional Planning Council, or Ms. Shelle Lawton, of My Region.org.
Mr. Brown replied that the [Marketing] Plan did not come from these individuals;
however, he did have a Plan that he has been following.
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City Council Regular Meeting
May 5, 2009
Page 8 of 15
He encouraged the audience to visit the web site and he informed that Ms.
Melora Foley, Visioning Committee Member and his Administrative Assistant,
Susan Chapman would meet to connect the "splash" [flyer information] on the
Home Page to the rest of the Visioning Information. Mr. Brown informed that the
announcement for the May 14th Meeting would appear on both sides of the City
Hall marquee.
Mr. Brown informed that Communications Concepts Inc. would provide the video
equipment which will be aired on Space Coast Government Television. Mr.
Brown also informed that he would meet with the Kiwanis Club on Wednesday
morning, May 13tH
Ms. Roberts asked if dates were scheduled for the entirety of the project, or were
meetings scheduled from one meeting to the next. Mr. Brown replied that the
Committee may schedule their next meeting on May 14th or develop the entire
schedule that day. Ms. Roberts pointed out that Ms. Lawton would develop the
Communication Strategy and Implementation Plan. Ms. Lawton would also bring
to the City some creative new strategies or techniques to involve the community.
Mr. Brown conveyed, on Ms. Lawton's behalf, that the most effective way to
garner community involvement was for people to ask their friends, neighbors,
r and co-workers to attend the meeting. Each Visioning Committee Member was
charged with asking ten of their friends, co-workers, and neighbors to attend. Mr.
Brown emphasized that inviting people was the most effective strategy. Ms.
Roberts asked if the Radisson planned to place a notice on their sign. Mr. Brown
took note of her comment.
Recreation Director
Mr. Lefever announced the following:
• The Annual Inter -Squad Scrimmage at Canaveral City Park on Friday, May 8th
at 6:30 P.M.
• A Magic Show with John Anderson on Saturday, May 9th from 11 A.M.-1
P.M. Admission is Free.
• Registration for Summer Camp which is ongoing.
• The May Newsletter, "The Recreator," was distributed.
• Flyers for Recreation Events were available in the Council Chambers.
• Mr. Lefever distributed three quotes related to catering of the Board
Appreciation Dinner from: Trevor's Blue Toucan, Etch Art, LLC, and Boston
Beef and Seafood. These were all Cape Canaveral vendors. He requested a
decision from the Council. Ms. Roberts asked how much was expended for the
dinners at the Radisson and was told $25.95.
A brief discussion took into consideration the set-up and clean-up service. Mr.
Lefever explained that Trevor's Restaurant could provide a beer and wine cash
City of Cape Canaveral, Florida
City Council Regular Meeting
May 5, 2009
Page 9 of 15
bar available for individual purchase but they also had their smoothie frozen
drinks too. Mr. Lefever said that he would present the cash bar information with
the Outdoor Entertainment Permit.
Mr. Lefever clarified that the City was not paying for any portion of the cash bar.
Mr. Lefever also clarified that no taxes would apply since the City was tax
exempt. He also informed that he would set $50 aside for decorations and that
he also planned to buy a cake. Ms. Roberts requested that Mr. Lefever seek a
Cape Canaveral bakery for the cake. Mayor Pro Tem Hoog questioned the
entertainment. Mr. Lefever replied the D.J. would entertain from the Boardwalk
while the guests remain under the pavilion.
A motion was made by Mayor Randels and seconded by Mayor Pro Tem
Hoog for Trevor's Blue Toucan to Cater the Annual Board Appreciation
Event. The vote on the motion carried 5-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For
and Ms. Walsh, For.
City Clerk
• The City Clerk distributed the previous year's photo acknowledging the Annual
League of Cities Conference in August. Council decided to use the half -page
black and white photo.
Business & Cultural Development Board Report
• Ms. Joanne Muncey distributed an abbreviated list of the Redevelopment Plan
items to the Council. This was done in an effort to assist them during upcoming
Redevelopment Plan Meeting. Mayor Randels announced the
Redevelopment Plan Workshop on Thursday, May 7th at 5:30 P.M. Mr.
Petsos informed that he would be late for this meeting. Ms. Muncey pointed out
that the Meeting's Agenda Packet was available on the web site.
AUDIENCE TO BE HEARD:
7.30 p.m. — 7.45 p.m.
• Mr. Ray Osborne of 209 Holman Road asked if all of the data collected from the
University of Central Florida [UCF] Business Survey was planned for use with
the Visioning session. Mr. Boucher replied that the UCF information became part
of the Comprehensive Plan - Evaluation and Appraisal Report.
• Ms. Joyce Hamilton recommended that Mr. Osborne attend the Visioning
Meeting on Thursday, May 14th at the Radisson Conference Center and to
include what he presented to the Council if it was not brought up.
• Mr. Frank Kuhn requested a list of the City employees including their benefits. Mr.
Kuhn also expressed the following concerns:
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City Council Regular Meeting
May 5, 2009
Page 10 of 15
o The City pays a great amount for positions which do not equate with that of
cities of greater size.
o He was informed that Mr. Boucher has an employment Contract which
cannot be broken.
o He has telephoned City Hall many times and is told that Mr. Boucher was
out to lunch and that he usually works late. However, when Mr. Kuhn came
by City Hall after hours, Mr. Boucher was not there.
o Mr. Boucher should be put on a time clock.
o He requested a copy of the April 7t' City Council Meeting disk for his
personal legal counsel to listen to it, as well as the legal counsel of the
Indian Reservation, with whom he does business.
o He would address the Sheriff's Office Contract, and other ways that the City
was wasting money, at another time.
Mayor Randels replied that he would obtain a copy of the City Manager's contract for Mr.
Kuhn as well as the employees' salaries.
CONSENT AGENDA:
7.45 p.m. — 7.55 p.m.
City Council Regular Meetings Minutes of April 7, 2009 and April 21, 2009.
2. Motion to Approve: Resolution No. 2009-12, Appointing an Alternate Member
to the Board of Adjustment, D. Raymond.
3. Motion to Approve: Resolution No. 2009-13, Appointing an Alternate Member
to the Recreation Board, D. Raymond.
4. Motion to Approve: Resolution No. 2009-14, Appointing a Regular Member to
the Community Appearance Board, L Brown.
5. Motion to Approve: Proclamation in Honor of National Public Works Week;
May 17 through May 23, 2009.
6. Motion to Approve: Renewal of Contract for Additional Year of Service with
Black's Spray Service; June 1, 2009 — May 21, 2010.
Mayor Randels asked if any Council Member, Staff or interested party desired to remove
any of the items for discussion. Ms. Roberts requested to remove Items No. 1 and 5.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
approve Items No. 2, 3, 4 and 6. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
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City Council Regular Meeting
May 5, 2009
Page 11 of 15
• Ms. Roberts referred to the second page of the Proposed Modifications of the April
21St Meeting Minutes. Attorney Garganese clarified his statement on Page 12
saying that, "this document was not a Redevelopment Plan under the Florida
Redevelopment Act." The City Clerk took note.
• Ms. Roberts asked if there were any clarifications on what the City planned to do on
the Library Lease Agreement. Mr. Boucher replied that no direction specific was
given from the Council. Ms. Roberts requested to place this on the next City
Council Meeting Agenda in order for the Council to give the City Manager
guidance on the matter. Mayor Randels brought out that he was keeping a list of
items that would become future City Council Agenda items.
• Ms. Roberts asked a technical question related to the City Council Meeting start
time and asked if beginning at 6:00 P.M. constituted a full rescheduling of the
Meeting or was it a refinement of the regular start time. Attorney Garganese
affirmed that it was a refinement of the regular starting time. Attorney Garganese
clarified that if the Meeting was scheduled to begin one hour earlier, then it
could be done procedurally by consensus with no other action required.
• Ms. Roberts asked if the City planned to celebrate the contributions of the Public
Works team. Mr. Bandish informed that the Department holds an Open House at
the Water Reclamation Plant and refreshments would be available.
For the record, the City Council expressed their appreciation of the Public
Works employees. Mr. Boucher recommended that City Council Members stop
by and express their appreciation during the Open House week.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Approve Consent Agenda Items No. 1 with Proposed Modifications and 5. The vote
on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
CONSIDERATION:
7:55 p.m. — 8:30 p.m.
7. Motion to Approve: Settlement Agreement at Mediation, City of Cape
Canaveral v. Hans and Marianne Saurenmann.
Mayor Randels read from the Agenda Report Summary as follows: That the City Council
consider approval of the attached Settlement Agreement at Mediation. He read from the
Agenda Report Financial Impact as follows: The Litigation and Mediation was covered by
the Florida League of Cities, the City insurance carrier. City Council received an Attorney/
Client Form from the City Attorney which advised that the Litigation was still pending.
Attorney Garganese informed that full-day mediation was held regarding this case of which
Council would address the resulting Settlement Agreement. Attorney Garganese
recounted how:
1) The citizen attempted to begin constructing an addition on his home without
obtaining the requisite Building Permits.
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City Council Regular Meeting
May 5, 2009
Page 12 of 15
2) The Building Official subsequently issued a Cease and Desist.
3) The property owner did not abide by the Cease and Desist and forced the City to
seek an injunction to enjoin him from building without the requisite permits.
4) The City was successful in obtaining the injunction against him to stop the
construction.
5) The resident retained the services of an Attorney and made several counterclaims
against the City challenging some long standing easements that traversed his
property.
6) Those easements, however, were ascertained as valid.
This Settlement Agreement gets this property owner to come into compliance by obtaining
the requisite building permits and discussion has acknowledged that any easements which
the City had to traverse the property are valid. There were some other technical issues
related to outstanding Code Enforcement Liens which would come to the Council at a later
date. The City's Insurer has agreed to $2,500 contribution to the property owner to make
this settlement occur. There is an unused easement traversing the property owner's
property and the Settlement Agreement would require that the City release that easement.
Attorney Garganese recommended settling this case on favorable terms.
Ms. Roberts asked if this would set a precedent for other property owners. Attorney
Garganese stated: 1) a property owner needs to obtain the requisite Building Permits to
perform construction, otherwise the Building Official will issue a cease and desist and the
City was successful in obtaining an Injunction against this individual, and 2), as far as
precedence setting regarding the Lien Reduction, it was made very clear, that he could
present a Lien Reduction to the Council and it was up to the Council's discretion if they
desired to reduce that Lien.
Attorney Garganese stated further that Staff would make a recommendation that the
Council reduce the Lien by no less than the amount required for the City to recover all
reasonable cost of the prosecution before the Code Board, which historically has been the
Council's position. Attorney Garganese restated that he did not see that this would set a
precedent. He explained how the City has vacated that easement for other property
owners in this subdivision as the City was simply asking for yet another easement in
exchange for where the pipe was located. Every other property owner that the City
approached agreed with the exchange except this property owner. This action brings the
last property owner into the same condition as all the others.
Mr. Nicholas expressed his lack of understanding in how the individual built without a
permit but was being given $2,500 for breaking the law. Mayor Randels assured that the
City concluding the issue in a beneficial manner. Mr. Nicholas stated that the City
appeared to gain no more than an easement. Mayor Randels replied that the Insurance
Company recommended settling the case. Mr. Nicholas inquired of the amount of the
Code violation to which Mayor Pro Tem Hoog responded $38,000.
Mayor Pro Tem Hoog asked if the imposed Lien was still in force until his compliance was
met with this Court Order. Attorney Garganese affirmed. Mayor Pro Tem Hoog then
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City Council Regular Meeting
May 5, 2009
Page 13 of 15
asked if he would subsequently ask the Council for a Reduction of Lien. Therefore what
bearing does that action have on this Settlement? Attorney Garganese explained that the
property owner could
1) Bring the property into compliance and then he could make the proper application
for a Reduction and Satisfaction of the lien.
2) Then Staff would make a recommendation to the Code Enforcement Board and the
Council for a Reduction of Lien of an amount in agreement with the cost of
prosecuting the case before the Code Board. However, Staff's recommendation
was not binding on the Code Board or the City Council.
3) When that Application comes before the Council, it would be at the Council's
discretion to dispense with it.
This case is of such that the City was in the right all along; however, this property owner
decided that it was in his best interest to challenge the City.
Mayor Pro Tem Hoog inquired about the pending litigation. Attorney Garganese affirmed
that this Settlement Agreement required City Council approval. If the Council approved it,
the dates would be resolved according to the terms of the Settlement; if not, the dates
would continue. Mayor Pro Tem Hoog clarified that he was attempting to ascertain if and
how the Settlement was related to the Lien. Attorney Garganese restated that the
individual had to come into compliance to stop the Lien from accruing then he had the right
to seek a Lien reduction.
A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to
Approve a Settlement Agreement at Mediation for the City of Cape Canaveral v.
Hans and Marianne Saurenmann. The vote on the motion carried 5-0 with voting
as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
8. Motion to Approve: Oral History Project Change Order in the Amount of
$12,000.
Mayor Randels explained the necessity of this Change Order which included three
additional interviews of: Joan Calvert, Joy Salamone, and John Pekar. Ms. Roberts asked
a better understanding of Mr. Stanley's final product. Ms. Walsh asked if the final
projected cost, $33,000, would be the end of the amount expended. Mayor Randels
reminded of the anticipated reproduction costs.
Mr. Boucher reminded that at the April 7th Workshop Meeting the City Council received Mr.
Stanley's outline of the different stories and the Council wanted him to go back and
discuss some of the earlier history. Mr. Boucher would ascertain if the total time would be
comprised of 60 or 90 minutes. Ms. Roberts reminded that this project was to include a
video, audio, with a complimentary copy to the participants, and placement on the City's
web site which Staff could perform. Ms. Roberts recommended that this Change Order
count as Phase I.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 5, 2009
Page 14 of 15
Mr. Boucher stated that this would complete Tasks I, II, and III and then the additional task
of the final production. Ms. Roberts expressed her concern with the open-endedness of
this Contract without an antiGipatien of the end Fesult preduGe clarification of the end
product which would result from the project. Ms. Roberts requested to know what was Mr.
Stanley's next Task and what the City could anticipate as the resulting product.
Ms. Walsh asked for clarification of the $39,000 figure. Mayor Randels explained that the
original estimate related to editing 10 -hours of interview footage and supporting footage.
However, at this point, Mr. Stanley has completed 28 hours of interviews and 5 -hours of
supporting footage. Mayor Pro Tem Hoog, at this point, reminded of the open-endedness
Contract at the time of the Proposal award.
Mr. Ray Osborne reminded that $23,000 was the amount agreed on. Mr. Osborne asked
why Mr. Boucher thought that that three proposed interviews were important and he
reminded that he had asked that the Council hear from Ms. Roz Foster of the North
Brevard Historical Commission before going any further. Mr. Osborne informed that Mr.
Stanley did do some work at no charge work for the City of Satellite during their history
video shooting. Mr. Boucher responded that Ms. Calvert and Ms. Salamone were two
former Council Members. Mr. Petsos asked if the Council had discussed those three
named individuals at the April 7th Workshop Meeting. Mayor Randels affirmed that Mr.
Stanley did mention those names.
Mr. Boucher replied that this Item could be tabled until the next City Council
Meeting on May 19th and Mr. Stanley could be present to answer any questions.
City Council agreed. Ms. Roberts added to obtain the details of the completed
project in writing from Mr. Stanley.
DISCUSSION:
8:30 p.m. — 9:15 p.m.
9. Charter Review Committee.
Mayor Randels explained that the City Council adopted a Resolution to create a Charter
Review Committee. The City Clerk provided tentative date in a work schedule. Mayor
Randels conveyed that the Committee has a year to work through the Charter. Ms.
Walsh asked if the dates could change. Mayor Randels assured that the dates were
tentative. Mr. Garboski asked if the Charter Review Committee was subject to
Sunshine Law. Council agreed that the meeting would be subject to Sunshine Law. Mr.
Petsos reminded that names were required as selections for the Committee. Mr.
Boucher informed that an application and the Work Schedule would be placed on the
web site.
A motion was made by Ms. Walsh and seconded by Mr. Petsos to Accept the
Tentative Work Schedule. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 5, 2009
Page 15 of 15
10. Edward Byrne Memorial Justice Assistance Grant Program.
Mayor Randels explained how this year Grant recipients have the flexibility to implement
projects in any of the seven specified areas: law enforcement; prosecution and court;
prevention and education; corrections; drug treatment; planning, evaluation, and
technology improvements; and crime victim and witness programs Mr. Boucher
conveyed that subject matter could be part of the upcoming Workshop with the Sheriff's
Office. Mr. Petsos expressed the benefit of hearing from the Commander on this Grant.
Mr. Petsos pointed out that the $17,000 could remain with the City regardless of what
the Sheriffs Office would use.
Mr. Boucher stated that no action was needed at this time. This item was brought
up merely for informational purposes. Mr. Petsos clarified how in the past the entire
fund was given to the Sheriffs Office and they would administer the fund.
Since Council reports were made at the 6 p.m. Council Workshop, there were no
Council Reports at the end of the Council Meetinq.
ADJOURNMENT:
There being no further business, the Chair adjourned the Meeting at 9:30 P.M.
'•; •-ti •'
Susan Still , CMC, UTV CLERK