CITY COUNCIL
REGULAR MEETING
CITY HALL ANNEX
TUESDAY
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting
to order at 7:00 P.M.
ROLL CALL:
Council Members Present:
Council Member Burt Bruns
Mayor Pro Tem Bob Hoog
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
Building Official Todd Morley
BOARD INTERVIEWS:
Ms. Rice affirmed that all
of the information on her application was true and correct to the best of her
knowledge. Ms. Rice said that she saw no conflict in her serving on the Board. She stated that she lived in
Mr. Bruns stated that Ms.
Rice had a good background and would be a welcome addition to the Board. Mr. Nicholas informed that Ms. Rice has been
beneficial when she attended a number of Board meetings. Mr. Petsos and Mayor Pro Tem Hoog also
welcomed her to the Board. Mayor Randels
stated that Ms. Rice was an asset in many phases of beautification efforts such
as tree planting and others. Ms. Rice
replied to Mayor Randels that she would enjoy working on the
Ms. Marcum stated that all of the information on her
application was true and correct to the best of her knowledge. She did not
anticipate any conflict in serving on the Board. Ms. Marcum informed that she
has been a resident for 10 years. Ms.
Marcum stated that she served on a University Board and she also served several
terms on the East Central Florida Health Council. She was also with Walt Disney World for 15
years in Strategic Planning and Human Resource Planning. Ms. Marcum is a Certified Public Accountant
and she coordinates the AARP tax service at the Cape Canaveral Library during
that season. Ms. Marcum informed that
she has a book on travel in progress.
Council members welcomed Ms. Marcum to
the Board. Mayor Randels informed that he attended a meeting at
which Mr. John Anderson, Board Chairperson, allowed Ms. Marcum to assist with
the Board discussion prior to her appointment.
Ms. Marcum responded to Mayor Randels that the Board would need to address
the balance protecting the natural resources while accommodating the visitors
and to address the employment for business in light of the housing market. Mayor Randels concluded that a Resolution to
appoint her to the Board would be placed on the following City Council Meeting
Agenda.
Mayor Randels noted two regular vacancies for this
Board and informed that Mr. Evetts is a structural engineer. Mr. Evetts stated that all of the information
on his application was true and correct
to the best of his knowledge. Mr. Evetts
replied to Attorney Latorre that he would not have a Conflict of Interest and
as a Florida Engineer he would need to disclose his involvement with any
contractor. He did not anticipate frequent refrain from voting. Mr. Evetts
stated that he was in favor of the infrequent Board meetings. Mr. Evetts informed that he was born and
raised in
Attorney Latorre replied that he was protected as a
public official under sovereign immunity. Council members welcomed Mr. Evetts
to the Board. Mr. Evetts informed that
he worked with the
CONSENT AGENDA:
1. City
Council Regular Meeting Minutes of
2. Resolution No. 2006-31; Reappointing Members to the Board of
Adjustment (Constance McKone and Paula Collins).
3. Resolution No. 2006-32; Reappointing
Members to the Code Enforcement Board (Mary Russell, Walter Godfrey, Karen
Hartley and Craig Stewart).
4. Resolution No. 2006-33; Reappointing
Members to the Library Board (Joanna Atwood, June Bell and Mary Ernst).
5. Resolution No. 2006-34; Reappointing
Members to the Recreation Board (John Dattilo, Marianne Kulac-Taiani and
6. Resolution No. 2006-35; Appointing an
Alternate Member to the Business & Cultural Development Board (Gene
Vlahovic).
Mayor Randels asked if any member of Council, staff
or interested parties desired to remove any of the Consent Agenda items for
discussion.
Mayor Randels informed that
Mr. Gene Vlahovic was previously interviewed and would be appointed due to Mr.
Craig Smith and Ms. Beth Foy separation from the Board.
Mayor Pro Tem Hoog noted
that under the City Manager’s Reports, the park in discussion was Banana
River Park not
A motion was made by Mr. Petsos and seconded
by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 6 with the
noted correction on the City Council Meeting Minutes of the Banana River Park. The vote on the motion carried 5-0 with
voting as follows: Mr. Bruns, For; Mayor
Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
7. Motion
to Approve: 2006/2007 Blue Wave
Certification for
Mayor
Randels stated that the Blue Wave Certification Application was $1,275. Mayor
Randels informed that in the European travel market a Blue Wave beach was a
mark of distinction and certified by the Clean Beaches Council. Some of the qualifications for the
designation include frequent water sampling, adequate lifeguards, and local
ordinances on animal control, public restrooms and adequate parking. Mayor
Randels referred to a photo in which a check was presented by Christine Todd for
$544,000 that initiated
Mayor
Pro Tem Hoog questioned how often the water testing was performed. Mr. Boucher informed that the Brevard County
Health Department would perform the testing.
Mr. Petsos stated that the City sends much funding to the County with
little returned and he questioned how the City residents would benefit from the
designation. He expressed that the
Tourist Development Council [TDC] would benefit more. Mr. Petsos stated that the City did not
budget for this venture and he proposed that the business community, the TDC or
the Beach Renourishment Committee support this endeavor. Mayor Pro Tem Hoog
expressed agreement with Mr. Petsos. Mayor
Randels concluded that Council would forward the Blue Wave Certification for
ORDINANCES:
First Public Hearing:
8.
Motion to Approve: Ordinance No. 11-2006; at First
Mayor
Randels read Ordinance No. 11-2006 by title.
AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA
CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES;
SPECIFICALLY AMENDING SECTION 110-334(c)(10), CAPE CANAVERAL CITY CODE, TO
PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG
THE A1A HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels explained that
the City Attorney advised the use of a map as an exhibit to the ordinance and
publish notice as a first public hearing. Mayor Randels stated that this
proposed ordinance would prohibit any residential development along the A1A
corridor in the C-1 zoning district.
Mayor Pro Tem Hoog referenced the previous Planning and Zoning Board
meeting at the Library in which Mr. Johanson asked if the non-conforming
structure discussion applied to this ordinance and the City Attorney affirmed
that it did. Attorney Latorre explained
that Mr. Johanson’s question addressed of residential properties enjoying the
privilege of a Special Exception in the C-1 zoning district. He asked if a hurricane or natural disaster destroyed
a townhome and the cost to re-build and make it whole were more than 50 percent
of its appraised value, then the townhome would not be reconstructed unless it
is in conformance with the Code. She stated that the ordinance would repeal
Special Exceptions rendering them non-conforming uses since they were legal at
the time but are no longer and would be grandfathered-in. Also, in the City ordinances Non-Conforming
Use, under Section 110-200, addresses a special permitting process that allows
a person or an entity to come before the Council to seek re-building a
non-conforming structure and this could occur on a case-by-case basis.
Mayor Pro Tem Hoog expressed
that the City would have a difficult time explaining to current owners that
they could not rebuild in the same manner.
Building Official, Todd Morley, informed that there was a time period
[18 months] before the property would revert back to the original zoning. Mayor Pro Tem Hoog reminded that there are
people still waiting to re-build their homes after Hurricane Katrina. He asked for clarification within the
proposed ordinance in order to protect the property rights of the existing
residences. Attorney Latorre explained
that there are provisions for special circumstances if the residential use was
not detrimental to the surrounding community.
She urged the Council to
revisit the non-conforming use code. Attorney
Latorre explained further that the Council could address Mayor Pro Tem Hoog’s
property rights concerns during discussion on non-conforming use section. Mr. Boucher brought out that discussion on
the non-conforming use section would occur first at the next City Council
meeting before the final reading on Ordinance 11-2006. Mayor Randels concluded
that it was not the Council’s intent to disallow re-building a residence based
on a certain use if it were destroyed.
Mr. Roger Combs asked when the non-conforming use discussion would
occur. Mayor Randels replied at the next
City Council Regular Meeting on October 3rd.
A motion was made by Mr. Bruns and seconded by Mr.
Petsos to Approve Ordinance No. 11-2006 at First
DISCUSSION:
9. Vacation
Rentals.
Todd Morley, Building
Official, distributed information that he researched this matter and telephoned
all beach communities with exception of two.
Mr. Morley explained that in
In the City of Cocoa Beach,
they use affidavits from eyewitnesses for evidence to prosecute. Vacation
rentals are prohibited in residential zoning and they have included the State’s
provision on transient lodging in the City code. Permanency such as having a local job helps
to identify if the person dwells in a vacation rental. Rentals cannot occur
more then three times per year. Mr. Morley stated that the City of Cocoa Beach will
take its violators to the Code Enforcement Board. There are some grandfathered properties;
however, the properties are required to be licensed. Mr. Morley stated that detection was
difficult once a property came under observation. In Indialantic, the one owner found was
instructed to desist and at once complied. Indialantic will not allow an
occupational license for vacation rentals in a residential district; however Mr.
Morley stated that there is a designated tourist district that allows vacation
rentals. He stated that
Mr. Morley explained that
under the County regulations if there is an occupational license then the case
is closed. Observations were made for a period of less than 90 days and the
burden of proof was on the County to establish if a vacation rental exists. If
evidence of a rental property is established, then the case proceeds to Code
Enforcement. He then read the definition
of a “resort dwelling” a single- or multi-family structure that is advertised,
rented or subleased for a period of less than 90 days, and rental periods for
over 90 days are not part of this definition. Resort dwellings must have an
Occupational License.
Mayor Randels initiated
discussion on what constitutes a business.
Mr. Petsos referred to a letter submitted on September 19th
from a Mrs. Evelyn Bush of
Mr. Morley replied to Mayor
Randels that City staff has had some limited success in identifying those properties
that rent for less than seven days with a telephone call. Mr. Petsos emphasized that most residents feared
to call law enforcement due to possible retaliation. Mr. Ross McCluney, also of
Mr. Bruns called for a
90-day minimum of rental time. Mayor Pro
Tem Hoog asked if an ordinance were enforceable on multiple person occupancy. Ms. Bea McNeely, Planning and Zoning Board
Chair, informed that the Board’s discussion ended without any specified
definition on occupancy. Attorney
Latorre stated that a family is defined in the City code as “a person or group
of persons related to each other by blood or marriage, or a group of not more
than four adults living together under one roof.” Mayor Pro Tem Hoog pointed out that a definitive
tool does not yet exist to regulate the 90 day issue; however, residents could
call regarding the number of persons in a unit.
Mr. Boucher explained that he had no problem with Code Enforcement
notifying the owner based on the number of residents occupying the unit since
the only other remedy was to issue a Civil citation.
Mr. McCluney stated that a need
for regulation still exists after the time to address the violation has expired. Mayor Randels explained the properties could
be addressed based on a three violation process. Mr. Petsos responded to Mayor Randels that no
occupational license exists to operate such rentals. Mr. Boucher suggested notifying
the Department of Business and Professional Regulations Hotel/ Motel Division
to enforce Florida Statutes Section 509 for operating these facilities. He recommended that the Building Official
contact a representative from this Department for a coordinated effort. Attorney
Latorre explained that legal counsel is monitoring a lawsuit with
Attorney
Latorre informed that local government regulation under State Statutes would only
apply to four units or less. Mayor
Randels listed the types of dwellings under those regulations as: single-family
residences, duplexes, and townhomes, tri- and four-plexes. Ms. McCluney asked
if the existing operations would be grandfathered-in. Council did not agree with grandfathering-in
an operation that was not identified as a licensed business. Mr.
Boucher clarified that the City Attorney would draft an ordinance for the Planning
and Zoning Board’s review that would not allow for rentals of 90-days or
less in properties of less than four-units.
Mr. Morley replied to Ms. McNeely that he did not see a need for an
additional Code Enforcement Officer to assist with regulation at this
time.
REPORTS:
1.
City Manager
·
Mr. Boucher
reported that the
·
Mr. Boucher
would meet with Keep Brevard Beautiful and the Hotel/Motel Group on the trash receptacles on the beach.
·
Mr. Boucher
referred to an e-mail from the Building Official for the Community Appearance
Board regarding a CVS Pharmacy in the
City.
·
Mr. Boucher
related that Mr. Morley presented his
findings to the Planning and Zoning Board on liquefied petroleum. Council members expressed that they did not
agree with individual meetings with the legal counsel for Coastal Fuels. Mr. Boucher stated that a suggested code
amendment was forthcoming.
·
Mr. Boucher
informed that he would meet with the representative from the Architect Design Group on Thursday.
·
Mr. Boucher
announced the Final Budget Hearing on
Monday, September 25th. He
stated that the City received an insurance quote on the General Liability;
however, the City Treasurer prepared for the increased renewal rate.
·
Mr. Boucher
reported that the bar screen and reuse
pumps were repaired at the Water Reclamation Plant. Mayor Randels asked that Treasure Island Club
be notified on the delay in the Lift Station rehabilitation.
·
Mr.
Boucher informed that staff is preparing to place their new Budget items on the next City Council meeting agenda.
2. Staff
Building Official
·
Mr. Morley
reported that he had submitted a checklist for the International Property Maintenance Code. Council could return their lists to him at
any time.
·
Mr. Morley announced
that
·
Mr. Morley
received a request from Mr. Randy May regarding
his buffer. The Building
Official referred to the development agreement provision that called for a
buffer and related that Mr. May asked if he could use 40-foot by 8-foot tall storage
containers as a buffer. Mayor Pro Tem
Hoog informed that the containers, which are already in use, were in violation.
·
Mr.
Morley reported that he received a letter from Mr. Mark Peters on behalf of Mr.
Rudy Hardick. Mr. Peters related that he
sent a request to Ms. Tina Swanson of Brevard County Department of Natural
Resources to identify if any petro-chemical storage tanks exist at the site.
City Clerk
·
Ms.
Stills reported that the Group Health
Benefits proposals would appear on the first City Council Meeting in
October. There was an anticipated
decrease in costs based on a change of medical coverage carrier.
City Attorney
·
No
report.
AUDIENCE TO BE HEARD:
·
Mr. Ray Osborne
reported that
·
Mr. Osborne also
announced a meeting on Thursday,
September 21st on Mr. Kip Wagner and the
·
Ms. Shannon
Roberts asked if the public would be
noticed of the upcoming meeting with Coastal Fuels. Attorney Latorre explained that she
discouraged individual meetings with the Council as asked for by the attorney
for Coastal Fuels given the magnitude of the issue and she encouraged a public
meeting. Attorney Latorre explained that
any meeting with Coastal Fuels would be by Agenda and noticed to the
public.
·
Ms. Roberts also
inquired about the Ron Jon Regional
Developmental Impact Study. Mr.
Boucher reported that he spoke with Stan Payne who informed that negotiations
are in their ninth month. Mr. Boucher
anticipated a reply from a public records request from the Department of
Community Affairs.
·
A
resident asked if the
3. City Council
Mr. Bruns
·
Mr. Bruns questioned
the current status of
·
Mr. Bruns commended Attorney Latorre on her
response to Attorney Rick Torpey on his request to meet individually with City
Council members.
·
Mr. Nicholas
asked to redesign the lettering on the
City entrance sign and move up the City of
·
Mr. Petsos asked
for a status report on Waste Management. Mr. Boucher reported that he would meet with
their staff every Thursday to address any prevailing issues. Mr. Boucher reported that he submitted a $470
fine letter due to the firm’s failure to perform on the contract.
·
Mr. Petsos
reported that the
·
Mayor Pro Tem
Hoog reported that the Home Rule Council reviewed five priorities saying that transportation and homeowners’ property
insurance cost were its priority matters and these would also be discussed
in the November session. Lee Feldman,
author of the Fair Share ordinance, was also the key speaker. A local ordinance
would be adopted by December 1.
·
Mayor Pro Tem
Hoog brought out his thoughts on some
possible mixed-use projects and
expressed that there were two potential properties. Ms. Betty Gould expressed favor with the idea
for her property and Mr. Ali Tezel also expressed an interest in a mixed-use project.
·
Mayor Pro Tem
Hoog announced a Space Coast Condominium
Association Meeting on Saturday, September 23rd at 9:00 A.M. at the
Holiday Inn in Cocoa Beach in which Mr. Bruce Douglas, Chairman of the Board
for Citizens Insurance, is the keynote speaker and Mr. Nathan Miller of the
Public Comprehensive Hurricane Damage, Mr. Phillip Harris, Regional Director of
Department Financial Services and Lou Barone, Chairman of the CAI Florida
Legislative Alliance. Mayor Pro Tem Hoog
stated that he could not be there and he encouraged any interested persons to
attend. Mayor Randels replied that he would attend. Mayor Pro Tem Hoog planned
to take the information with him to the League Conference in November.
Mayor
Randels
·
Mayor Randels
reported on the Cocoa Beach Jr./Sr. High School Feeder Chain Meeting on Monday,
September 25th which is time for review of new students from Roosevelt and
·
Mayor Randels
announced his final meeting with Ron Pritchard.
He asked the Council about the desired number of anticipated parking spaces at
·
Mayor Randels
announced an Institute for Community Housing meeting on Friday,
October 13th. Mr. Boucher announced that
the Planning and Zoning Board Members as well as the Business and Cultural
Development Board members were also invited. Mr. Petsos requested information
to deliver to the Urban Council.
·
Mayor Randels
reported on a Florida Today article wherein 89 percent of callers in a survey said
that
·
Mayor Randels
asked for consensus in ordering a larger number of legislative information pamphlets from the League of Women Voters. Mayor Randels pointed out the frequent
use in the City welcome packets and public information racks.
·
Mayor Randels reported
that he met Ms. Susan Clemmons, the new Director for the Freedom 7
·
Mayor Randels
also commended the City Attorney’s
office for their response to Mr. Torpey.
·
Mayor Randels
reported that the “Think Green” grant
would provide new trash receptacles on the beach. He related that Waste Management awarded the
City $10,000 toward this project with an anticipated match from Keep America
Beautiful.
·
Mayor Randels
expressed his favor with the
·
Mayor Randels
reported on a Fiscal Stewardship meeting and related discussion on the group’s goal
to determine the impact of “Save Our
Homes” on property taxes.
·
Mayor Randels
reported on a newspaper article reading that the State would purchase the Thousand Islands in
ADJOURNMENT:
There
being no further business, the Chair adjourned the meeting at 9:50 P.M.
________________________________
Rocky
Randels, MAYOR
________________________________