HomeMy WebLinkAboutAgenda Packet 09-06-2016 Special REVISED CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING
Library Meeting Room
201 Polk Avenue, Cape Canaveral, Florida 32920
REVISED
AGENDA
September 6, 2016
5:30 PM
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PUBLIC PARTICIPATION:
Any member of the public may address any items that do not appear on the agenda and any agenda
item that is listed on the agenda for final official action by the City Council excluding public hearing
items which are heard at the public hearing portion of the meeting,ministerial items (e.g. approval of
agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit
their comments to three (3) minutes. The City Council will not take any action under the "Public
Participation" section of the agenda. The Council may schedule items not on the agenda as regular
items and act upon them in the future.
PUBLIC HEARING:
5:35 p.m. —5:50 p.m.
1. Resolution No. 2016-17; adopting a proposed millage rate for the levy of Ad Valorem
Taxes for Fiscal Year 2016/2017 on all taxable property located within the City of Cape
Canaveral, Brevard County, Florida; providing for an effective date.
2. Ordinance No. 03-2016; adopting the Annual General Fund, Wastewater Enterprise Fund,
Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital
Project Funds, and Agency Fund Budgets for the Fiscal Year beginning October 1, 2016, and
ending September 30, 2017;providing for an effective date, first reading.
NEW BUSINESS:
5:50 p.m. 6:10 p.m.
3. Authorize the City Manager to engage a Hearing Officer to consider the appeal to Variance
No. 2016-02 and make recommendations to the City Council.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at this
meeting,that person will need a record of the proceedings, and for such purpose that person may need
to ensure that a verbatim record of the proceedings is made,which record includes the testimony and
City of Cape Canaveral, Florida
Special City Council Meeting
September 6, 2016
Page 2 of 2
evidence upon which the appeal is to be based. This notice does not constitute consent by the City for
the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does
it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans
with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to
the physically handicapped. Persons with disabilities needing assistance to participate in the
proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of
the meeting.
City of Cape Canaveral
City Council Agenda Form
Special Meeting Date: 9/6/2016
Item No. 3
Subject: Authorize the City Manager to engage a Hearing Officer to consider the appeal to
Variance No. 2016-02 and make recommendations to the City Council.
Department: Community Development
Summary: At its Regular Meeting held on August 23, 2016, the City's Board of Adjustment
considered and unanimously approved Variance No. 2016-02, which authorized a side-yard
setback variance for property located at 127 Oak Lane. The Applicant is Sheropa, LLC.
Mr. Bernard Lennon who resides at 126 Oak Lane, filed an appeal to the Board's action on
August 26,2016 (Attachment#1), apparently alleging that he will be aggrieved by the Board of
Adjustment's decision. Pursuant to Section 110-33 of the City Code, the City Council will be
required to conduct a de novo appeal hearing and make a final decision regarding Variance No.
2016-02. That appeal hearing will be held at a Regular City Council meeting to be scheduled at
a later date.
Due to several serious allegations made by Mr. Lennon against City Officials and Staff, it is
recommended that an independent hearing officer be engaged to conduct an appeal hearing for
purposes of affording all interested parties an opportunity to be heard and make a written
recommendation to the City Council regarding whether the Board of Adjustment's decision
should be affirmed or reversed, wholly or in part.
The hearing officer will be an experienced attorney licensed to practice law in Florida. The
hearing officer will conduct a public hearing to review the Board's record and take evidence and
testimony from interested parties regarding Variance No. 2016-02. Mr. Lennon will be invited
to present testimony and evidence along with the Applicant for the subject variance.The hearing
officer will then submit to the City Council a written recommended order setting forth findings
of fact and conclusions of law. The City Council will then consider the recommended order and
make a final decision on Variance No. 2016-02.
This request is being made at this Special Meeting to expedite the appeal process for the benefit
of all interested parties.
Submitting Director: David Dicke Date: 9// /14,
Attachments:
1 —August 26, 2016 Email —Appeal from Bernard Lennon
2—August 31, 2016 Memorandum—David Dickey Response to Bernard Lennon
Financial Impact: Staff time and effort to prepare this Agenda Item.
Reviewed by Administrative/Financial17)
, I
Services Director: John DeLeo Date: rie
The City Manager recommends that City Council tstke the following action:
Authorize the City Manager to engage a Hearing Officr to consider the appeal to Variance No.
2016-02 and make recommendations to the City Council.
Approved by City Manager: David L. GreeneC9'P Date: 4//l /6
Attachment 1
Mia Goforth
From: Bernie <abc777@cfl.rr.com>
Sent: Friday, August 26, 2016 8:02 PM
To: Mia Goforth
Cc: Andrea Binney; Brendan McMillin; Betty Walsh; Bob Hoog; Cheryl Puleo; Daniel LeFever;
David Dickey; David Greene; Ed Lawson; Gustavo Vergara;John Bond;Joseph Covell;
John DeLeo;Joan Gapud;Jeff Ratliff;Jane Ross;Joshua Surprenant;Jonathan Puleo; Kim
McIntire; Kim Kopp; Mike Brown; Mary Finneran; Mia Goforth; Molly Thomas; Michael
German; Ngan Pham; Patrice Huffman; Patricia Roth; Todd Morley; 'Kathryn Seidel';
'Alicia Spring'; abc777@cfl.rr.com
Subject: Appeal of August 23, 2016 Variance Request No. 16-02 Hearing
Follow Up Flag: Follow up
Flag Status: Flagged
8/26/2016
Mia Goforth,
I am requesting an appeal to the hearing held by the Board of Adjustment on August 23, 2016 regarding Variance
Request No. 16-02.
The reason for the appeal is:The notice sent to my home on August 11, 2016 stated comments can be sent to Cape
Canaveral, Community Development Department, 110 Polk Avenue, P.O. box 326, Cape Canaveral, FL, 32920-0326.
David Dickey assured me the following information would be given to the Board of Adjustment members prior to the
August 23, 2016 hearing.Without this information it was impossible for the board members to make an informed
decision on Variance Request No. 16-02.
On August 16, 2016 Mike Toscano signed for certified letter 7015 0640 0004 1075 6866 titled Regarding Variance
Request No. 16-02.The same day Mayor Hoog signed for certified letter 7015 0640 0004 1075 6859 titled Regarding
Variance Request No. 16-02. On August 17, 2016 The City Manager signed for certified letter 7015 0640 0004 1075 6842
titled Regarding Variance Request No. 16-02. On August 19, 2016 Kim Kopp's office signed for certified letter 7015 0640
0004 1075 6835 titled Regarding Variance Request No. 16-02. On August 22, 2016 Mike Toscano signed for certified
letter 7015 0640 0004 1076 4557 titled Regarding Variance Request No. 16-02. On August 22, 2016 Mike Toscano signed
for certified letter 7015 0640 0004 1076 4984 titled Regarding Variance Request No. 16-02.
David Dickey did not give any of this information to the Board of Adjustment members before or during the meeting.
A signed copy of this letter has been sent certified mail 7015 0640 0004 1075 9027 to Mayor Bob Hoog at 210 Jefferson
Avenue, Cape Canaveral, FL 32920.
Bernard Lennon
126 Oak Lane
Cape Canaveral
Abc777@cfl.rr.com
1
, Attachment 2
A. 4r .
A.
4.,,,/ 74_
t4k ' ; Cityof e Canaveral
..i. :, 74 Community Development
August 31, 2016
VIA Mail and Email
TO: Bernie Lennon
126 Oak Lane, Cape Canaveral, Florida 32920
Abc777@cfl.rr.com
FROM: David Dickey, Community Development Director \\
SUBJECT: Board of Adjustment--Variance No. 2016-02
This letter confirms the City's receipt of your email to the City Clerk, dated August 26, 2016,
requesting an appeal hearing regarding the Board of Adjustment's August 23, 2016 decision to
approve Variance No. 2016-02. The variance authorizes a reduction in the eastern side yard
setback from the required eight (8) feet to four (4) feet for the structure located at 127 Oak
Lane.
Pursuant to Section 110-33 of the City Code, the City Council will consider your appeal and
render a final decision on your appeal de novo. The City Council shall either affirm or reverse,
wholly or in part, the Board of Adjustment's decision. As the appellant, you will be afforded
written notice of the date and time of any future hearings regarding your appeal and be
afforded an opportunity to appear in person and present evidence and testimony in support of
your appeal. You may also be represented by legal counsel.
As you aware, you have lodged several serious accusations against City officials regarding the
situation involving the subject property and Oak Lane. Under these circumstances, the City
Manager has determined that it is in everyone's best interests for him to request that the City
Council authorize him to retain an independent hearing officer to hear your appeal as soon as
practicable. In order to expedite your appeal,that request will be made to the City Council at a
previously scheduled special meeting on September 6, 2016, commencing at 5:30 PM.
The hearing officer will be an experienced attorney licensed to practice law in Florida. The
hearing officer will be responsible for conducting a public hearing to review the Board of
Adjustment record, and take evidence and testimony from interested parties, including you and
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222—Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: inform cityofcapecanaveral.org
the applicant, regarding your appeal and Variance No. 2016-02. Upon conclusion of the public
hearing, the hearing officer will be required to submit to the City Council a written
recommended order setting forth proposed findings of fact and conclusions of law related to
the appeal and Variance No. 2016-02. The City Council will consider the recommended order
and render a final decision on Variance No. 2016-02 at a subsequent regular City Council
meeting.
Please be advised that until the City Council renders a final decision on your appeal, Variance
Application No. 2016-02 remains pending and is not final.
Neither the granting of this appeal, nor any statement in this letter, shall be construed as a
waiver of any of the City's rights and remedies under applicable law or a waiver of the City's
right to present any legal position in any legal proceeding that the City believes to be in the
City's best interests.
Let me know if you have any questions related to this matter.
Xe: John Dinsmore, Sheropa, LLC -Applicant
Anthony Garganese, City Attorney
David Greene, City Manager
Mailing Address: P.O. Box 326 Physical Address: 110 Polk Avenue
Cape Canaveral, FL 32920-0326
Telephone (321) 868-1222 —Fax (321) 868-1247
www.cityofcapecanaveral.org e-mail: infogcityofcapecanaveral.org