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HomeMy WebLinkAbout08-26-2009 Minutes SpecialCity of Cape Canaveral City Council Special Meeting August 26, 2009 Minutes A Special Meeting was held by the City Council of the City of Cape Canaveral, Florida, on Wednesday, August 26, 2009, immediately following the Sign Code Workshop, in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Mayor Randels called the meeting to Order at 8:53 p.m. The Recording Secretary called the Roll. Council Members Present: Rocky Randels Bob Hoog Buzz Petsos Shannon Roberts Betty Walsh Others Present: Susan Chapman Anthony Garganese Bennett Boucher Todd Morley Mayor Mayor Pro Tem Council Member Council Member Council Member Recording Secretary City Attorney City Manager Building Official 1. Consideration of a Settlement Offer, in the amount of $30,000, regarding Tripple J Investments, LLC vs. City of Cape Canaveral. Mayor Randels announced that this was a Special Meeting called by three Council Members to consider a settlement offer. City Attorney Garganese stated that this was an open meeting, not an attomey/client session, so the recording would be a public record, and therefore everything they said would be available for public disclosure. City Attorney Garganese advised that yesterday, staff thought a concrete settlement was reached to submit to the City Council in the amount of $25,000, in exchange for a full release. Staff talked to the City's insurance carrier, and they were willing to contribute the $25,000 settlement proceeds. Then this afternoon, staff learned that the Plaintiffs wanted to give the City only a partial release for the $25,000. He explained that a partial release meant that the Plaintiff did not want to fully release the members of the Planning & Zoning Board and the Board of Adjustment individually. He advised that in doing so, the Plaintiff was reserving the right to possibly file Sunshine Law or ethical or similar violation charges against individual members of the Board of Adjustment and the Planning & Zoning Board. x City Council Special Meeting Minutes August 25, 2009 Page 2 City Attorney Garganese advised that he contacted the City's insurance carrier. They advised him to inform the City Council that they will not contribute to any settlement where the Board of Adjustment members are not released in there individual and official capacity, because the Board of Adjustment was named a defendant in the lawsuit. He relayed that information to the Plaintiffs counsel, and asked if they would reconsider releasing the individual Board of Adjustment members and not just the Planning & Zoning Board members individually. They responded "no", but they would be willing to give a full release if the City would pay a settlement sum of $50,000. Attorney Garganese advised that the issue to City Council was if the City wanted to contribute $25,000 to the settlement, adding that to the Florida League of Cities contribution of $25,000, in exchange for a full release, which would release the City, the Board of Adjustment, and all the public officials in there individual and official capacity. He further advised that it was common to negotiate, pay money, settle and get a full release, and that was what the City needed to get. He counseled Council not to settle the case for any amount of money unless they got a full release. Mayor Randels advised that he would in no way agree to a partial release of the Board of Adjustment members. He explained that the Board members perform there tasks and there duty without any violation to the Sunshine Law and they can't be held punitive to what has happened. The Mayor was also not in favor of reaching into the citizens' pockets for another $25,000. Councilman Petsos agreed with the Mayor. He commented that the Plaintiff originally said that they would be willing to settle for the $15,000 that the Florida League of Cities had agreed to; and the Florida League of Cities has graciously come back and agreed to meet the $25,000 to settle the case; and yesterday it seemed that the Plaintiff was willing to settle for that amount, but as of today the Plaintiff decided they were not going to settle for that. City Attorney Garganese verified that the Florida League of Cities was willing to take this case all the way to court. Councilman Petsos advised that he would support that. Councilwoman Roberts agreed with Mayor Randels and Councilman Petsos. Councilwoman Roberts commented that the community was going through serious economic times, and she could not in good conscious spend an additional $25,000, especially since the City was going to compromise in good faith. Councilwoman Walsh agreed. City Council Special Meeting Minutes August 25, 2009 Page 3 Councilwoman Roberts suggested that the City go back to the Plaintiff again and offer them $25,000, with the original condition of a full release. City Attorney Garganese advised that he could go back with that even though it was rejected again at 4:30 today. He advised that he may have a hard time getting in touch with the Plaintiffs counsel, because it was indicated that they may be withdrawing from the case. Mayor Pro Tem Hoog advised that he understood that at $50,000 they would release everybody, but at $25,000 they wouldn't release anyone. He voiced his opinion that the Plaintiff was trying to give the City a message, in that that the City had a problem and needed to fix it. He clarified that the problem was with the Boards. He advised that the members say things and do things, and he's been screaming at the City Manager for years to go over that problem, he's been talking to the City Attorney about it. He advised that what started the whole thing was that the Plaintiff was given a special exception in one place and was told they couldn't have the same special exception somewhere else. He asked how long the problem with the people on the Boards was going to continue. He commented that if the City didn't settle the amount would keep growing higher. Councilwoman Roberts asked Councilman Hoog if he was recommending that they settle for the $50,000. Councilman Hoog answered that he was not recommending anything. She asked him for his opinion? He answered that he wasn't going to recommend anything, because the problem all along was that they needed to tell the Boards to do the things the way they are supposed to be done. Councilwoman Roberts advised that to her knowledge, there wasn't anything that the City Council was aware of where the Boards did not act in good faith. She believed that what the City was offering was to settle the case was in good faith. She appreciated Councilman Hoog's concerns and suggested that Council review the roles and responsibilities of Boards as part of the management reform agenda. Councilwoman Walsh advised that the first offer by the Plaintiff was $25,000 with a full release; then the Plaintiff came back and said they would settle for $25,000 without a full release; and now they wanted $50,000 with the full release, so they were putting a $25,000 tag on something. Attorney Garganese explained that the Plaintiff would not release the Board members in there individual capacity, they would only release them in there official capacity. He explained that it keeps the individual Board members exposed. He explained that from the City's insurance carrier's letter, they don't want to settle the case, unless the Board of Adjustment members were released in their individual capacity, because the Board of Adjustment was named a defendant in the lawsuit. City Council Special Meeting Minutes August 25, 2009 Page 4 Mayor Randels asked for clarification based on the Mayor Pro Tem's opinion that the message was not about the money, it was about procedures? City Attorney Garganese answered that he did not know what the message was, but they certainly wanted to keep the individual Board of Adjustment members liable. Councilman Petsos asked what kind of message it would send to the Board's if the City Council didn't stand behind them. Mayor Randels responded they're wouldn't be any more volunteers. Discussion followed. Following Discussion, it was the consensus of City Council to pay $25,000 for a full release; or allow the Florida League of Cities to continue with the case. There being no further business the meeting adjourned at 9:46 p.m. Rocky Rand Is, MAYOR Susan L. Chapman Recording Secretary : -