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HomeMy WebLinkAboutMinutes 02-06-2001 Special Workshop Meeting1 CITY COUNCIL SPECIAL WORKSHOP MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 6, 2001 5:00 P.M. CALL TO ORDER: ROLL CALL: MINUTES Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Mark McQuagge, Assistant City Attorney Susan Stills, Assistant City Clerk Andrea Bowers, City Treasurer Moms Reid, C.B.O., Building Official Ed Gardulski, Public Works Director Nancy Hanson, Recreation Director Chief Dave Sargeant, CCVFD CITY ATTORNEY'S DISCUSSION/PRESENTATION: 1. Council Procedures. Attorney Bennett explained that this meeting is a continuation of last year's review on City Council procedures. Attorney Bennett stated that although some positive changes have been made, Council members would benefit from further instruction. Attorney Bennett began his review with procedures for the new Consent Agenda. He recommended that the presiding officer read each item under the Consent Agenda. Mayor as the presiding officer should poll Council, staff and then the audience if any item should be removed from the Consent Agenda. This would provide an account for the record of how the Consent Agenda items will be presented and voted on. Attorney Bennett recommended a change in the new Consent Agenda policy in that the word "sha11" should be used instead of "may." He continued with the paragraph in the policy that reads, "Any Council Member, 1 City of Cape Canaveral, Florida City Council Special Workshop Meeting February 6, 2001 Page 2 resident or taxpayer has the prerogative to remove an item." He found this verbiage limiting in scope as to who is able to remove and item from the Consent Agenda. Mr. Bruns queried why any one other then a citizen would remove an item. Attorney Bennett used a bidder as an example of someone who does not live in the City, but who should be able to discuss an Agenda item, such as a bid award. Mr. Treverton queried time limits on speaking before the Council. Attorney Bennett stated that the Council as a body and not the presiding Chair makes the decision on the procedures to speak before the Council. The Parliamentarian for the meeting, who is the City Attorney under the City code, could keep watch on the time. In order for a person to continue speaking, Council must agree. Discussion ensued on using a roll call vote to continue speaking. Attorney Bennett reminded the audience that the Chair must be recognized before a person can be included in discussion. He recommended that any person not adhering to the procedures to speak before the Council be removed from the meeting. Council members questioned how to stop a person who is out of order on an issue. Attorney Bennett recommended calling for a Point of Order and using the emergency button that alerts Law Enforcement in the building. Mr. Bruns questioned the procedure if a person has a complaint on the City Manager and subsequently on a Department Head. Attorney Bennett recommended allowing Mr. Boucher to handle any complaints regarding Department Heads however Mr. Boucher could be called on during a Council meeting to answer questions on City operations. Attorney McQuagge recommended that any person speaking on an Agenda item should be reminded to remain on the item. Any other discussion could be expressed during the "Audience to be Heard" section. Attorney McQuagge stated that under Code Section 2-66, a person only need to give a name and address when speaking before the Council. 2. Sunshine Law and Dual Office Holding Law., Dual Office Holding Law Attorney Bennett explained that if a person is a member of other Boards that are responsible for fund expenditures, then a dual office holding exists and the person is in violation. Attorney Bennett stated that under State Law the determination is made if the person is able to have a vote in how funds are expended. Mayor Randels related that the he is on the Beach Renourishment Committee that is a subcommittee of the Tourist Development Council. Attorney Bennett queried if the Committee had a right to spend funds or only gave recommendation, Mayor Randels stated that only recommendations are provided. Attorney Bennett advised that Council members provide him the Boards or intended Boards on which the Council might chose to participate. Mayor Randels related the St. Johns River Water Management District is 1 City of Cape Canaveral, Florida City Council Special Workshop Meeting February 6, 2001 Page 3 soliciting for members. Attorney McQuagge responded that he had done extensive research and could assist Council on a case -by -case basis regarding Board involvement. Attomey Bennett responded to Mr. Boucher that the Commission on Ethics is responsible for the law's enforcement. Attorney Bennett responded to Chief Sargeant that this law is distinct from a Conflict of Interest. Attorney Bennett advised Council members to forward Attorney McQuagge all information on the Board's on which they participate or plan to participate. Sunshine Law Attomey Bennett reviewed the Attomey General's opinion to Cocoa Beach regarding Council members attending other City Board meetings. Mr. Bruns queried if a Council member could discuss an item with a Board member. Attomey Bennett responded that any member of the same Board or any other member of City Council could not be present during that discussion. Attomey Bennett responded to Ms. Bowers that another member from yet another Board could be part of the discussion. Mayor Pro Tem Petsos queried the procedure if discussion on a City item is presented outside of a public meeting. Attomey Bennett recommended that no discussion on City matters take place outside of the Sunshine Law. Attomey Bennett noted the "Ten Habits of Highly Effective Councils," that Mr. Boucher distributed for Council's review. Attomey Bennett pointed out that Long Range Goal Setting is imperative. Attorney Bennett emphasized that teamwork aids to supporting an issue and related how Council makes admirable concerted decisions. Mayor Randels noted that a consensus is derived from individual deliberation. Attomey Bennett brought out how clearly defined roles needs continued work between Council and staff. He stated that if Council has a concern regarding a staff member, Mr. Boucher should be consulted. Attomey Bennett stressed that any Council involvement in Code Enforcement activity makes them a witness in a violation. He expressed concern with Council reacting to what has been related to them that makes their action based on hearsay. He explained that if a problem arises regarding Code Enforcement, it should be forwarded to that department. Mr. Boucher bought out "Political Liability" as an issue. Attomey Bennett explained how an action taken by Council on behalf of a citizen in a Code Enforcement matter subjects that member to accusations of selective enforcement and involves them in legal consequences. Mr. Boucher related that the chain of command begins with a Citizens complaint that is sent from his office to staff to rectify the situation. Chief Sargeant stated that the system is effective when residents and businesses are not allowed to use Council members to promote action outside of the City Manager's knowledge. He stated further that many of the codes are State statutes and could City of Cape Canaveral, Florida City Council Special Workshop Meeting February 6, 2001 Page 4 not be arbitrarily changed. Attorney McQuagge emphasized that Council should transfer concerns in City operations to the City Manager. Attorney Bennett also noted from the "Ten Habits" list that a highly effective Council expects feedback. He demonstrated how status reports provide a barometer for staff activities. ADJOURNMENT: There being no further business, a motion was made by Mr. Weber and seconded by Mayor Pro Tern- Petsos to adjourn the meeting at 6:40 P.M. Motion on the vote carried as follows: "Mt Bruns, For Mayor Pro Tem Petsos, For Mayor Randels, For,:Vlr. Treverton, Fork r. Weber, For. co. Ji44� Susan Stills, ASSIST CITY CLERK 1 1