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HomeMy WebLinkAboutCape Winds, Inc. Vs. City of Cape Canaveral Code Enforcement Board - Case No. 89-24 OFFICIAL RECORD 790 YS 6 DO NOT REMOVE 1 IN THE CITY OF CAPE CANAVERAL, CODE ENFORCEMENT BOARD, 2 BREVARD COUNTY, FLORIDA 3 CAPE WINDS , INC . , 4 Defendant/Appellant , No. 89-24 5 v. 6 CITY OF CAPE CANAVERAL, CODE ENFORCEMENT BOARD, CC) \"u/ ppellee Pl f . A I � a�r,tif�, A 9 10 11 Transcript of hearing before the Code 12 Enforcement Board held at the Cape Canaveral City Hall , Cape Canaveral , Florida, on August 17 , 1989 , 13 beginning at 7 : 30 o' clock p.m. 14 15 APPEARANCES : 16 For the Defendant : BRUCE JACOBUS , ESQ. 17 Mosley, Jacobus & Wallis 1221 East New Haven Avenue Melbourne , FL 32902 18 Members of the Board: James Theriac, Esq. 19 J. Benson J. O ' Kell 20 H. Kirchofer M. Russel 21 G. Hutchinson J . Porter-Gabler 22 R. Moeller 23 Also Present : Evelyn Hutchinson 24 25 0000000 997 Barton Blvd. /,Qportmg Specialists, /ne. STENOTYPE REPORTEZS ROCKLEDGE, FLORIDA 32955 LAWYER ' S NOTES Page Line 0 n z w_ U z 0 z 0 z z w & 2 1 MS . RUSSEL: Case number Two under public 2 hearings , case number 89-24 , agenda item number 3 two under public hearings , Cape Winds , Inc. , 4 Block 50 Avon-By-rhe-Sea, Violation of section 5 645 .11 , use reflected on certificate of 6 occupancy and sec:ion 637 . 31 , R-3 , principal uses and structures . Mrs . Hutchinson, would you 7 8 I like to present v^;,r : nse , please . 9 MR. THERIAC : If I may, if I can swear all 10 the witnesses in. Any potential witnesses , 11 please step forward and according to our 12 procedure is we ' ll have you sign in and put your 13 address in this booklet here and if you would 14 step forward, first let me swear you in and then 15 we will register you in. 16 MS . RUSSEL: There is name and address , 17 please. MR. THERIAC : Any witnesses in this matter . 18 MR. JACOBUS : He may be one. 19 MR. THERIAC : If you think you 're going to 20 be a witness in this matter, on the Cape Winds 21 matter , please step forward and let me swear you 22 in. First sign in. 23 (Thereupon, all potential witnesses were sworn. ) 24 MRS . HUTCHI`;SON: This is a second public 25 0000000 881 Barton Reporting 6'peeielists, Me. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 3 W 1 hearing on the daily runs for Cape Winds , Cape fI 2 Winds joint venture , Jack Moline , Arthur 3 Wigchers and James Speigner were cited on 4 February 13 , 1987 . It was noted during that 5 hearing that Mr . Gunn had made the developer and 6 the owner aware of the seven day occupancy or week rental requirement in an R-3 zone. The 7 8 certificate of occupancy issued on November 9 fifth, 1985 showed a use classification of 10 residential condominium. 11 In a letter dated November 12 , 1985 , Mr. 12 Jeff Ecklev, the code enforcement officer , 13 advised Mr. Jack Sennett , the project 14 coordinator and Jack Moline the project owner 15 for Cape Winds that their permit application for a sign which read Cape Winds Resorts , rentals 16 day: week and month had been denied. In that 17 18 letter he pointed out that section 632 . 01 of the 19 Cape Canaveral zoning code of ordinances did not 20 allow daily rentals , noting rentals could not be 21 made for less than seven days . 22 Again, by certified mail on November the 27th, 1987 Artis Gunn, the building official , 23 advised Cape Winds joint venture, Jack Moline 24 and James Speigner , that rental of dwelling 25 0000000 881 =on 8, /,QpOttfrig Specialists, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 4 1 units for any per-iod of time less than one week 2 was prohibited . A confirmation letter dated 3 February 13 , 1987 to Evelyn Hutchinson for three 4 nights , February 20 , 21 and 22nd of 1987 was 5 submitted into ev_dence . Also presented were 6 copies of the yellow pages of the telephone directory which 1=sted Cape Winds Resorts as a 78 hotel and did not mention the seven day minimum 9 rental requiremenT . 10 Mr. Mosley represented Cape Winds at the hearing 11 and he stated tha= the sign advertising daily 12 rentals had been removed and that no rentals for 13 less than seven days would be allowed. The 14 board found Cape Winds in violation of section 15 631 -- 637 . 31 and 532 . 01 of the Cape Canaveral 16 Code of Ordinances and ordered that effective 17 immediately, Cape Winds should cease renting for 18 any period less than seven days and that rentals 19 were not to be advertised as such. 20 An affidavit of compliance was mailed to Cape 21 Winds on March 20 , 1987 . That ' s a brief summary 22 of the action of =he case against Cape Winds in 1987 . 23 A citizen ' s _omplaint was filed by Mrs . Eileen 24 Razzano on July tie 28 , 1989 . This prompted a 25 0000000/ 881 Barton BIvm specialists, Inc. STENOTYPE REPORTERS ROCKLEDGE. FLORIDA 32955 5 1 second notice of violation to Cape Winds , which f1 2 was mailed on August the first , 1989 . A copy of 3 the violation not=ce was mailed to all of the 4 owners on record of the tax roll that ' s provided 5 by Brevard County. Mrs . Razzano stated that 6 Cape Winds was renting units for three nights and attached the rate schedule which quotes the 7 8 daily rates for the units at Cape Winds and it 9 had a confirmation number at the bottom of the 10 rate schedule . There was no receipt or 11 confirmation attached to that order. 12 Mr . Mike Mishler of the Wakulla Motel in 13 Cocoa Beach provided a rental receipt for five 14 nights dated August 17th through 21st , 1988 15 issued to Mike Boudreau, this is a repeated 16 offense and should be treated as such. MS . RUSSEL: One question, you said there 17 was a compliance letter that was mailed in 1987 , 18 19 when they did come in compliance , what was the 20 date on that compliance letter? 21 MRS . HUTCHINSON: March 20 , 1987 . 22 MS . RUSSEL: But the other letters that I have, the dates from the other letters that had 23 gone to Cape Winds confirming the fact that they 24 could not rent for less than a seven-day period 25 1 0000000 881 El��m /iQpOtt4nq Speoia/ists, /no. STENOTYPE REPOR1 ERS ROCKLEDGE, FLORIDA 32955 5 1 are the 11/5/85 , 11/12/85 , 11/27/87 , but that r2 letter was March of ' 87 or is that March ' 88? 3 MRS . HUTCHINSON: Maybe I made a typo 4 there . No, I 'm sorry, the letter from Mr. 5 Ecklev was ' 85 . The letter from Mr . Gun was 6 November of ' 85 . MS . RUSSEL: 11/12/85? 7 8 MRS. HUTCHINSON: Right , and then we jump I 9 to ' 87 . 10 MS . RUSSEL: Any of you have any questions 11 of Mrs . Hutchinscn at this time? Who would like 12 to speak for Cape Winds? 13 MR. JACOBUS : My name is Bruce Jacobus , I 'm 14 an attorney in Melbourne and I represent Cape 15 Winds in this matter. In the nature of an 16 opening statement , let me just cut to the chase . 17 It would be our position that the ordinance that existed at the time Cape Winds was in operation 18 19 did not restrict rentals for less than seven 20 days and that You subsequently have amended that 21 and I have copies of the ordinances effective 22 October of ' 88 , which we would take the position that Cape Winds is grandfathered as to the 23 change . 24 MS . RUSSEL: At which point in time do _you 25 0000000/ 881 Barton 8,.o_ cia//2ts, /ne. STENOTYPE REPONTERS ROCKLEDGE, FLORIDA 3 955 7 1 consider the firm to have gone operational? I 2 MR. JACOBUS : I believe Mr. Moline would 3 know better than me, but I would say probably 4 1985 . 5 MEMBER OF TEE AUDIENCE: I can' t hear. 6 MR. JACOBUS : It ' s my understanding that 7 you went operational or got your CO in -- 8 MR , MOLINE: ' 85. 9 MR. JACOBUS : November of ' 85. 10 MS . RUSSEL: About the time of the letters 11 that she has just read. 12 MR. MOLINE: At that time we weren' t aware 13 of the ordinance or something that was on the 14 books . 15 MR. JACOBUS : The legal position would be 16 that they were grandfathered in. I think basically we ' re coing to be talking -- in fact , 17 - 18 I know we are , it ' s going to be a legal argument 19 rather than factual . I take it we ' re going to 20 put on some evidence of violation, are we not , 21 or is this it? 22 MS . RUSSEL: She ' s got it right there. Do you have a copy cf the receipts you mentioned? 23 MS . HUTCHINSON: The receipt and the 24 complaint from Mrs . Razzano and the rate 25 0000000 88, B.,.on 8, /iQortiii2 Spee/ali9t9, /ne. STENOTYPE REPORTERS ROCKLEDGE. FLORIDA 33955 8 1 schedule. 2 MS . RUSSEL: And is there a copy of the GC.�-esY 3 hotel advert in there also? 4 MRS . HUTCHINSON: It ' s attached to the 5 complaint . 6 MR. THERIAC : Once they pass the documents around, would you go ahead and identify them one 7 8 by one for the record, please , ma ' am. 9 MS . RUSSEL: Did you happen to file a copy 10 of the business license? 11 MRS . HUTCHINSON: They don ' t have a 12 business license . 13 MS . RUSSEL: Because it is a residential 14 condominium. 15 MRS . HUTCHINSON: They' re not required to 16 have a business License. 17 MR. THERIAC : Mrs . Hutchinson, looking at 18 the receipt from Mike Boudreau, when was this 19 given to you? 20 MRS . HUTCHINSON: Mr. Mishler brought it 21 into the office approximately one week prior to 22 the complaint being filed. I did not have a date on it . 23 MR. THERIAC : But it shows arrived 8/17 out 24 8/22 , is that 19E8? 25 0000000 eel e•,=an 8,..' Reporting Specialists, Ma STENOTYPE REPCWTERS ROCKLEDGE, FLORIDA 32955 9 1 MRS . HUTCHINSON: I was told that it was 1 2 1988 , I have no c-:incurring evidence. There ' s no 3 year noted. 4 MS . BENSON: ' 88 or ' 89? 5 MS . RUSSEL: Today is the 17th of ' 89 . 6 MEMBER OF THE AUDIENCE: It was ' 88 . MR. JACOBUS : We ' ll identify it. 7 8 MS . RUSSEL: Are you labeling that receipt 9 for Mr. -- 10 MR. THERIAC : No. 11 MRS . HUTCHINSON: No, I 'm making that 12 Exhibit 2 . 13 MS . RUSSEL: Exhibit 1 is the advertizement 14 sheet about with he rates. 15 MRS. HUTCHINSON: If you would let the 16 records reflect that the complaint filed by 17 Eileen Razzano in case number 89-25 be labeled 18 as Exhibit 1 and The rental receipt from Mike 19 Boudreau Exhibit 2. 20 MS . RUSSEL: Is there anything else you 21 wish to present a= this point, any other 22 information you want to show? MRS . HUTCHI_NSON: I might share this bit of 23 information, the zoning ordinance in 1971 , as 24 far as the defini-ion of a dwelling unit or 25 0000000 881 e..�o. s,.m. /IQP0tt/?')9 S'peeialists, /ne. STENOTYPE REPOWYERS ROCKLEDGE, FLORIDA 31955 10 1 living unit , it noted that rental or lease on a Ii 2 weekly or monthly basis , it specifically 3 specified that t=me in 1971 . When the zoning 4 ordinance was amended on October 28 , 1975 by 5 ordinance 10 .75 , the dwelling unit or living 6 unit stated that one room or rooms connected together constituting a separate independent 7 8 housekeeping establishment for owner occupancy 9 or rental or lease on a weekly or longer basis 10 and physically separated from any other rooms or 11 dwelling units which may be used in the same 12 structure and containing independent cooking and 13 sleeping facilit=es . This is the same ordinance 14 that is in effec- today. They were adopted 15 October 28 , 1975 . MS. RUSSEL: And that was in the definition 16 17 portion? 18 MRS . HUTCHINSON: Yes . 19 MS . RUSSEL: You heard Mr. Jacobus state 20 that he felt tha_ their right to rent on a daily 21 basis was because of a grandfathered situation, 22 that that situat=on was not in effect at the time certificate of occupancy was issued for the 23 Cape Winds facility. 24 MRS . HUTCHINSON: I just pointed out that 25 ©000000 �•� 881 Barton Biwa. /iQpomig Vpeoia/ists, STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 11 1 the ordinance was in effect at that time . 2 MS . RUSSEL : Mr . Jacobus , I believe you' re 3 up. 4 MR. JACOBUS : I just have a couple 5 questions , Exhibit Number 2 , I didn' t 6 understand , who gave you this? MRS. HUTCH= SON: Mr. Mike Mishler of the 7 8 Wakulla Motel . I � 9 MR. JACOBUS : And Mr. Mishler is the owner 10 of the Wakulla Motel? 11 MRS . HUTCHINSON: I really do not know what 12 capacity he is there . 13 MR. JACOBUS : That motel is in Cocoa Beach, 14 is that correct? 15 MRS . HUTCH -,_NON: That ' s correct , he came 16 into the office with this rental receipt and he 17 stated that Cape Winds was renting for less than 18 a week. At that time I gave Mr. Mishler a copy 19 of our citizen ' s complaint form and advised him 20 that I could not take any action until the complaint form was filed. Approximately one 21 22 week later, Exhibit 1 was filed. MR. JACOBUS : But that was not filed by Mr. 23 Mishler , correct ? 24 MRS . HUTCH:NSON: No, sir. 25 , 0000000 �,,d. Reporting Specie/est /no. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 12 1 MR. JACOBUS : That was -- r , 2 MRS . HUTCHINSON: Mrs . Razzano. 3 MR. JACOBUS : Was the attachment , vas that 4 on her complaint form? 5 MRS . HUTCHINSON: That is the complaint, 6 that is what was attached. The confirmation, as I mentioned in my testimony, is circled at the 78 bottc m of the page . Her complaint indi:_ates 9 that tt was a three-day stay, however, as I 10 mentiJned, there is nothing on this than would 11 indicate the term of the reservation. 12 MR. JACOBUS : Would that also be true of 13 Exhibit 2, it doesn' t say how long the 14 reser.ration was made for, does it? 15 MRS . HUTCHINSON: No, it shows the amount of tine stayed. 16 17 MR. JACOBUS : Do you know, Evelyn, if the 18 Waku'la apartments has daily rentals , do you 19 know That yourself? 20 MRS . HUTCHINSON: No, I do not . 21 MR. JACOBUS: Thank you. That ' s a=1 I 22 have. MS . RUSSEL: I have a question. Is Mr. 23 Mishler here . 24 MEMBER OF THE AUDIENCE : Yes , I am . 25 0000000 se, B.rton 8' d. /,Qpott/flg t pecielists, ✓ne. STENOTYPE REPORTERS ROCKLEDGE. FLORIDA 32955 13 1 ?,_.!S . RUSSEL: And is Mrs . Razzano hare. You were i 2 sworn in. So in case we did have a que_tion, we 3 could ask them. Mr. Mishler was not swc rn in. 4 Anybcc2v on the board, questions on what you 've 5 heard so far? 6 `^R. MOELLER: No, I think the evidence indicates that indeed they were solicit-ng and 7 8 rentiflg in violation of the ordinance fr-r less 9 than a,even days . As far as the grandfa_hering 10 clause is concerned, it ' s inconsequential , it 11 doesn - t apply. 12 ` S . RUSSEL: I don ' t understand where Mr. 13 Jacobus is coming from on that point either. `!R 14 • JACOBUS : I may be able to shelf some 15 light on it , it is a legal argument . Y'lur 16 ordinance before, the limitation that v(Du seek 17 to im-Dose or did in the past on the sev=n day 18 rentals is down in the definition porti_Tn of the 19 zonin_c= ordinance , 632 . 01 and it defines a dwell=ng unit . I think that ' s what Eve=vn read 20 and I think it existed at least in ' 71 r ' 75. 21 And teat ' s what it is , it ' s a definition, it ' s 22 not -- definitions aren' t limitations , they are 23 defin_tions , they define what things ar_ . When 24 you turn to the R-3 zoning, which Cape 7,Minds is 25 0000000/ Baton Blvd. /Qport1' g Specialists, inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 14 1 in, in the old ordinance there ' s no limitation F-7 2 on the length of rental . 3 The way that I think you all have Imposed it, 4 you say, well , the dwelling unit as defined said 5 you can' t rent for less than seven days and 6 that ' s a limitation and somehow that ge:s over 7 to the R-3 zoning. Evidently, there was some 8 question about that in the legal sense , because 1 i 9 you amended it in October of ' 88 and what you 10 did a_e two things , one is you redefined a 11 dwelling unit and you took out the seven day 12 part . And then you put a prohibition i. R-1 , 13 R-2 armed R-3 that indicated that dwellinc unit 14 rentals of less than seven days are prcnibited, clearly that is a limitation. 15 S . RUSSEL: I don' t find any definition of 16 the seven day minimum in the definition -- 17 77R. JACOBUS : I believe it ' s ordinance 44 . 88 18 19 -- I ' msorry, 14 . 88 . If you didn' t tak it out , then -Jou would have a real problem, because a 20 21 dwelling unit as defined before was a unit that was rented or leased for more than seven days , 22 so if you didn' t redefine it , you could never 23 have :he situation. 24 MS . RUSSEL: I think you need to also 25 0000000/ 88, Barton Blvd eporting Sppeeie/ists, dne STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 15 1 consider you' re discussing dwelling unit or r 2 livin_ unit as opposed to dwelling, 3 single-family dwelling, two multiple family, 4 you' re talking dwelling unit or living unit . 5 MR. JACOBUS : The dwelling unit definition 6 is where the limitation is for that you seek to impose , that ' s the only place it appears , it ' s 7 8 in the definition. 9 `''IR. THERIAC : By way of clarification, 10 questions have arisen under the old ordinance 11 where the limitation was in the definition, so 12 last year , in order to clarify matters , ke 13 specifically put prohibition in R-1 , R-2 or R-3 14 and cmanged the definition of dwelling. The 15 idea was to keep the prohibition on less rentals 16 and make it clearer to those who might come in after the date of the ordinances . 19 18 MS . RUSSEL: And you ' re saying by the 1988 19 revision, we have strengthened it and he ' s 20 savin,_ by the 1988 revision we have eliminated it . 21 22 MR. JACOBUS : No, I 'm not saying it . I 'm saying the 1988 revisions you made clearly says 23 that you can ' t have rentals in R-1 , R-2 and R-3 24 for less than seven days , you did that with the 25 0000000/ eel Barton Blvd. Speo e/fists, One. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32953 16 1 revision. The revision was two parts , one is r-' j 2 you put the prohibition in the R-1 , R-2 and R-3 3 parts of the ordinance. Then you amended the 4 definition of a dwelling or living unit and you 5 took c,ut the seven day part , because the reason you had to do that was if you define a dwelling 6 unit , all the things that are in there, let me 7 8 just say one room or connected rooms together I 9 constituting a separate independent housekeeping 10 establishment for owner occupancy or rental for 11 lease on a weekly or longer basis . So if you 12 had one that -- if you had something that was 13 renter_ less than seven days , it ' s not a dwelling 14 or unit by definition. It just doesn' t 15 meet the definition, that ' s the effect of that. 16 S . RUSSEL: I see your point . 17 JACOBUS : What your attorney did is he took that part out . Because if he didn' t take 18 19 it out , a dwelling unit in the ordinance as you amended it , couldn ' t exist . 20 'S . RUSSEL: But you were in business 21 beforE 1988 . 22 JACOBUS : Yes . They were in business 23 beforE ' 88 , as early as November of ' 85 . 24 wS . RUSSEL: So it ' s your contention that 25 0000000 881 Barton Blvd. /,Qpom',g Specialists, /na. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 17 1 by thE- 1988 provision, you are now allowed to do 1 sometf_ing that you were not allowed to do before L_I 2 3 1988 , because I ' m going around in a circle. 4 HR. JACOBUS : No, I 'm saying prior to this 5 renis=on in 1988 , the way the ordinance was 6 drafted, there was no prohibition on rentals 7 less _. an seven days . 8 'TS . RUSSEL: I believe there was , sir. 9 HR. JACOBUS : That ' s the legal issue, 10 because the reason you say, Mr. Jacobus , I 11 belie-..-e there was , is because we defined a 12 dwelling unit as -- just as I indicated, for 13 rental or lease on a weekly or longer basis. 14 The legal argument is that is a definition, it ' s 15 not a limitation. So I told you early on, it ' s legal argument and there ' s no question the way 16 the ordinance is drafted now that that ' s 17 18 correct , there is a prohibition, our position is 19 it difn' t exist prior to that and it ' s 20 grandfathered in. `' 21 R. THERIAC: Mr. Jacobus , if I may, is there any argument about the fact that Cape 22 Winds do rent for less than a week? 23 HR. JACOBUS : I 'm not going to stipulate to 24 that fact . I mean, I think it ' s incumbent on 25 0000000 Inc.881 Barton Blvd. Reporting Opeoleists, o STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 18 1 the Caty to prove that , since they' re the moving L_J 2 party . So I can ' t stipulate to that . I also 3 would like the record to have attached the 4 ordinances , I don' t think there ' s any dispute as 5 to when they went into effect . The 13. 88 looks like _t was October four of 1988 , that was the 6 7 seconli reading, is that correct? That ' s what it 8 says ten it and I assume that would be its 9 effecIive date, four October ' 88 . MS . RUSSEL: You want that entered as 10 Exhibit 3? 11 12 'MR. JACOBUS : Yes . Make that three and the 13 other ordinance 14 . 88 was effective the same 14 date , October four of ' 88 , make that four. And that ' s. all I have . 15 THERIAC : Miss Hutchinson, is it your 16 desire that the ordinance from 1971 and 1975 17 also pe made part of the record? 18 :MRS . HUTCHINSON: Yes , it is and I also 19 would like to make a part of the record the two 20 letters that I mentioned, the one from Mr. 21 Ecklev dated November 12 , 1985, I would like 22 that Exhibit Number Five and then the certified 23 letter from Mr . Gunn to Cape Winds advising him 24 of t'n� seven day rentals . I would like to make 25 ©000000 881 Barton 84 d /A100tt//?g S'peeialists, /no. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 19 1 that Exhibit 6 . 2 MS . RUSSEL: That ' s the letter dated u 3 11/27 /85? -MRS . HUTCHINSON: That ' s correct . 4 5 MR. THERIAC : Madam chairman, if I may, Mr. 6 Moline, do you all engage in rentals at Cape 7 Winds for less than one week? 8 MR. MOLINE: Let me answer that, it ' s my 9 position that we shouldn' t do it and we do not 10 normaly do it. I don' t take any rentals from 11 the C.namber of Commerce out at the Cape , Cape 12 Kennedy, because most of those are short term. 13 We dcm' t want that kind of business . Ours is a 14 condc , it ' s a full size condo, we 're not looking for daily rentals . 15 f somebody is in a jam, we ' re going to help 16 17 I them out , the Chamber of Commerce says we got a Shute launch, we 'd like to make houses 18 19 available for people to come down, it ' s happened 20 over and over . Even then, we don' t wish to do 21 it , but when they call us , we have done it and 22 we cater to the people at the Cape, we cater to people up north during the winter time , they 23 stay for a month, three months . It ' s not the 24 type Df place for daily rentals . It ' s a 25 0000000 C h/f 881 B.rton Blvd. /,Qportrng V'peeia/ists, /ne. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 20 1 condciminium. 2 MR. THERIAC : If someone comes in and needs 3 a sho=rter stay, a weekend, three days perhaps , 4 you «ill accommodate them? _M 5 R. MOLINE: Not normally. An owner, it ' s 6 a con_13ominium, I don' t control everybody that owns a unit there. It ' s like any condo on the 7beach Cape Shores , wherever it is , we have no 9 limitation in our documents on the rental . An 10 owner , lots of them come over just for a 11 weeke-,nd, they can do what they wish, it ' s their 12 unit , we can ' t control them. 13 MR. THERIAC : Is the receipt that Mr. 14 `fish=-er supplied to Mrs . Hutchinson an 15 indication of one ' s ability to come in and stay for three days if necessary for a space shot or 16 17 whatever? 18 MR. MOLINE: It ' s not by my blessing. I 19 pay if = the Chamber Of Commerce, I contribute to tax money, I contribute to the police 20 department, if they need a place for whatever. 21 MR. JACOBUS : Does that show they can come 22 in fcr less than a week? 23 MR. MOLINE: Five nights . I don ' t know 24 what the circumstances were . If they got down 25 0000000/ B81 Barton Blvd /,Qport,,g (S'pecia/xcEi , /,,0. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 21 1 on their knees and begged to come in, it was an r -� L _J 2 emerc ency. MR. THERIAC : Can someone come in and not 3 4 on their knees and stay for less than a week, 5 just say I need a place to stay? MR. MOLINE: We do on occasion put the 6 7 astrc:naut ' s families up. MR. THERIAC : For less than a week? I I 9 MR. MOLINE: They don' t normally stay for 10 over e week, unless there ' s some reason it 11 didn ' t launch. I worked at the Cape for a long 12 time , I designed that place to take care of the 13 people from the Cape who come there with their 14 fami= es , it ' s an ideal place, there ' s not a 15 nicer place on this whole beach, I 'm upset that someieDdy is disturbed by it, particularly I 'm 16 disturbed when they don' t pay taxes or live in 17 this city as I do. 18 MR. THERIAC : The issue seems to be, 19 thouch, not that it certainly seems to be a nice 20 plac' . but the issue is if people are allowed to 21 stay there for less than a week and apparently 22 they -nave been and they still are able to. 23 MR. MOLINE : No, I ' ve changed the rate 24 sheer , I ' ve told them, we sent out literature, 25 0000000/ 881 Barton BIvo /,Qport, g Specialists, /ne. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 22 none of it reflects daily rentals and it ' s not 2 our Intent . As I say, if an owner sends 3 somebody down, just like every condo on this 4 beach or anybody' s house or it ' s the same thing 5 or a duplex, your ordinance says seven day, how are ou going to check if Joe Blow down here 6 7 rents his unit for two days , any building, any 8 structure on this whole beach, you can' t do it 9 and think you' re infringing on your rights when You try. 10 11 MR. THERIAC : Do you allow people to come 12 in, make a reservation for one week and then leave after two or three days and get their 13 14 money refunded? 15 MR. MOLINE: No, then we charge them for all week, normally, unless it ' s an emergency, 16 then we let them off . 17 MR. THERIAC : Then if it ' s an uSt ranaut ' s 18 19 fami:v or someone associated with the launch, if they needed to come down for the weekend, you 20 allow them to come down for the weekend and not 21 stay a whole week? 22 MR. MOLINE: No, we don ' t rent to them for 23 a wee kend. 24 MR. THERIAC : Would you accommodate them by 25 ©000000 881 Barton Blvd. Reporting S'peeie/i tc', STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 23 lett:Mg -- 1 2 MR. MOLINE: We let the people stay there 3 during the Challenger launch, they had a big 4 emer4 ency that you' re aware of , the police 5 department here , the city did an excellent job in taking care of it , it ' s a place where they 6 can have privacy, they can have security and the 7 8 families can be there without being molested by 9 ever':- Tom, Dick and Harry. I think it ' s a 10 sere=ce to our country. If I 'm wrong, say so. 11 MR. MOELLER: Is there anyone here from the 12 Cape Winds condominium association? 13 MR. MOLINE: I am, I 'm the president . MR. MOELLER: How about the rules of the 14 15 condc'minium association, does that specify what the •=•caner , as far as rental conditions , as far 16 17 as t=e owner is concerned? MR. MOLINE: There ' s no limitation in the 18 documents on rentals . 19 MR. MOELLER: The owner can do whatever he 20 wishE-s , whatever he chooses as far as renting 21 22 his nit , is that right? MR. MOLINE: I guess no different than any other 23 condominium. 24 MR. MOELLER: Why isn ' t that in your 25 0000000 381 Barton Blvd. Reporting Specialists, Inc.C: STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 37953 24 1 condc,minium association when it ' s in violation T �1 2 of tie city ordinance? 3 MR. MOLINE: I don' t think I was even aware -- 4 MR. MOELLER: Are you a member of the 5 association? 6 MR. MOLINE: I 'm the president , I am a 7 member, let me say, the documents were written 8 about the time we started construction and there 9 was Leo awareness of the city ordinance any one 10 day. 11 MR. MOELLER: You're aware when you built 12 that building that it was in an R-3 zoned area. 13 MR. MOLINE: Certainly, wouldn ' t build it 14 withc,ut it. 15 MR. MOELLER: I would think a man in the 16 real estate business and your knowledge should certainly have made himself aware of what the 17 18 restrictions might have been as far as occupancy is concerned. 19 MR. MOLINE: I was not aware of that until 20 21 the City contacted me regarding the sign I had that said rentals , day, week or month. Before I 22 even finished the construction, that sign was 23 ther= . It was taken down, it was changed when 24 the City brought it to my attention. 25 ©000000 881 Barton BI,d /,Qportmg t9peeia/ists, /no. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 39955 25 1 MR. MOELLER: When you received your 2 occu fancy permit , did you read it? L—! MR. MOLINE: Read it? 3 MR. MOELLER: Yes . 4 5 MR. MOLINE: I may have , I don' t know, that was five years ago. 6 MR. MOELLER: It specifically said that it 7 was Uzi R-3 area. The violation for R-3 , if you 8 9 do ncpt comply -- 10 MR. MOLINE: I don' t think it was a 11 violation at that time, I don' t think it was a 12 violation today. 13 MR. MOELLER: What you think is beside the 14 pointe , we know it ' s a violation. 15 MR. MOLINE: I just heard the attorney brim= up the fact that that was not. 16 MR. MUELLER: That was your attorney. 17 MR. MOLINE: I guess so, my attorney. 18 MR. JACOBUS : Sometimes he ' s my attorney. 19 MR. THERIAC : Mr. Moline , in 1985 you 20 rece=ved a letter from the City advising you to 21 take down the sign for daily, weekly and monthly 22 rentals , you did comply with that? 23 MR. MOLINE: It wasn' t taken down, I just 24 chan(_ed the wording. 25 0000000/ 881 Barton Blvd /iQpottig Specialists, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 26 MR. THERIAC : How did it read once you 1 U2 changed the wording? MR. MOLINE: I don' t remember. 3 MR. THERIAC : It was to take down the daily 4 renal . 5 MR. MOLINE: I think it was the day, 6 wha=ever it said. I don' t want any trouble with 7 the City, I don' t want any trouble now, I live 9 here , I pay my taxes , I ' ve lived here for a long 10 time , I lived here before there was a city of 11 Cape Canaveral , right down on the river. 12 MS . BENSON: Mr . Moline , who' s responsible 13 for publishing the rate sheet? 14 MR. MOLINE: I guess that ' s a joint thing 15 frcim several people, but primarily I am. MS . BENSON: You have final approval? 16 MR. MOLINE: Pardon. 17 MS . BENSON: You have final approval? 18 MR. MOLINE: A rate is a rate is a rate. 19 MS . BENSON: I saw a rate sheet that gives 20 21 a daily rate . MR. MOLINE: I clarified it and brought it 22 in fere today, I don' t know whether the lady 23 gave it to you or not . 24 MS . BENSON: A daily rate would indicate to 25 ©000000 h 8151 Barton Blvd. Reporting Specialists, /ne. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 27 1 the average citizen that you rent by the day, r-, J 2 that ' s an assumption any person would make. 3 MR. MOLINE: I eliminated that. 4 MS . BENSON: When did you eliminate that? MR. MOLINE: About a week ago when I came over here to find out what the complaint was . 6 7 MS . BENSON: Do you currently have an ad in the local phone book? 9 MR. MOLINE: Are you asking? 10 MS . BENSON: Yes . 11 MR. MOLINE: I assume so. I haven' t looked 12 at the phone book lately. 13 MS . BENSON: Mrs . Hutchinson, can you tell 14 me if you know the details of that ad? 15 MRS . HUTCHINSON: I have not looked in the current phone book. 16 MS . BENSON: What was the last ad you saw? 17 MRS . HUTCHINSON: The last ad that I saw 18 was in the ' 86 phone book was the one that I had 19 checked on on the previous case that was 20 submitted in ' 87 . 21 MS . BENSON: And that indicated? 22 MRS . HUTCHINSON: It was just listed under 23 motels , hotels and motels , there was no 24 designation as to the time limit that they could 25 0000000/ 681 Blvd /,Qpotti Specialists, Inc. STENOTYPE REPORTERS ROCKLEDGE. FLORIDA 32955 28 1 stay. 1 r-� � 2 MR. MOLINE: The law today requires us to 3 have a motel license, anybody that rents a condominium for less than 30 days has to have a 4 5 motel license. We have a motel license. Today I was over at the hotel/motel show in Orlando. 6 7 I would have been there tonight and tomorrow 8 except for this . 9 MS . RUSSEL: Who issued that license? 10 MR. JACOBUS : The state of Florida. 11 MR. THERIAC : Mr . Moline , under the state 12 license you' re able to rent for the night if you 13 wish, is that correct? 14 MR. MOLINE: Yes . 15 MR. THERIAC : The only thing preventing you from doing so is the restriction here in the 16 city? 17 MR. MOLINE: Yes . I met with the State 18 19 this afternoon to ask that specific question. Their only concern is that everybody that rents 20 21 less than 30 days , regardless of who it is , one condominium, whatever, that they have a motel 22 license for that unit. We have a motel license. 23 MR. THERIAC : Can anyone go out and at this 24 time rent one of your units for less than a 25 ©000000 h 881 Barton Blvd. Report/^q t9pee/e//s>s, /ne. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 29 1 week? 7 2 MR. MOLINE: Can anyone? u MR. THERIAC: Yes , sir. 3 4 MR. MOLINE: Let me say not with my 5 blessing. I cannot control an individual owner, 6 it ' s his unit , it ' s like your house , you can rent it, do what you want , anybody in here can 7 8 do what they want with their place. 9 MR. THERIAC : Do you have a central booking mechanism for all the units? 10 11 MR. MOLINE: Sort of , yes . 12 MR. THERIAC : How does that work? 13 MR. MOLINE: If the owner wants us to take 14 care of it , we take care of it . 15 MR. THERIAC : Do all the owners subscribe to that? 16 MR. MOLINE; No. 19 MR. THERIAC: How many would you say, what 18 19 percentage, the majority? MR. MOLINE: I can' t present a figure in my 20 head, I need a calculator , six percent maybe. 21 MS . RUSSEL: Six percent do subscribe to 22 your management service? 23 MR. MOLINE: No, six percent do what they 24 want with their unit. A lot of people, they 25 0000000 881 Barton 81vd. Reporting Specialists, /no. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 30 1 just keep it for themselves . 7 MS . RUSSEL: How many units are there 2 totally? 3 MR. MOLINE: 70 . 4 5 MS . RUSSEL: What percentage of those units 6 would you say are owner occupied on a full-time basis? 7 R MR. MOLINE. Three total . 9 MS . RUSSEL: Three total out of 70? 10 MR. MOLINE: And one is the manager ' s unit . 11 MR. THERIAC : So all the other units are 12 ones that you control through the central 13 booking? 14 MR. MOLINE: No, they' re units that are 15 available -- the people come over wherever they live and use the units wherever they live. 16 17 MR. THERIAC : Whenever they're not , they subscribe to this central booking service? 18 MR. MOLINE: In most cases , most of them 19 they send their families down, they send their 20 21 parents down, they send friends over, it ' s their 22 unit , they can do what they wish, just like most any condominium. 23 MR. THERIAC : But with your motel license 24 and your central booking facility, do you act as 25 0000000 C /f 881 8.rton Blvd. /,Qpom,g Specialists, /na STENOTYPE REPORTERS ROCKLEDGE. FLORIDA 32955 31 1 the mediator or, excuse me , the person that r -� 2 arranges the stays for these people , the friends 3 and the relatives and the out-of-town guests? 4 MR. MOLINE: Normally we ' re aware when they 5 send somebody down. 6 MR. THERIAC : Do you give out the receipts like we have in evidence and the room rates are 7 8 given to these people, is that what you do? MR. MOLINE: Not for those that send their 9 10 people down. MR. THERIAC : But for others , you' re the 11 12 entity that gives them the room rates and the 13 receipts and take the money? 14 MR. MOLINE: Basically that ' s true. MR. THERIAC : In the last six months , has 15 anyone come in there and been able to stay for 16 less than a week, any of these out-of-town 17 18 guests , relatives , friends , people that have 19 come through your central booking agency? MR. MOLINE: I think this last launch, last 20 Shuttle. 21 MR. THERIAC : Anv others? 22 MR. MOLINE: I don' t work -- that ' s a 23 mechanical thing and I don ' t get involved in it . 24 MR. THERIAC : But is that an employee of 25 0000000 /�• hn881 Barton Blvd. /,Qportmg Vpee/a/ists, /I/C:. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 32 1 yours that does that? 2 MR. MOLINE: Yes . 3 MS . RUSSEL: I 'm having a hard time dealing 4 with the concept of the lending institution 5 having funded a project in which there were no rental restrictions in the condominium 6 documents . Most lending institutions want to 7 8 know pretty much what percentage of the units 9 are going to be owner occupied and it has an 10 awful lot to do with what kind of funding is 11 available on some projects . There are no -- 12 you ' re saying there is absolutely no reference 13 to rental limitations anywhere within the 14 documentation for your condominium association? MR. JACOBUS : I don' t know. I think that ' s 15 correct . It ' s a public document , public record. 16 17 MR. O' KELL: Miss Chairman, I have a question. I 'd like to ask you, that motel 18 19 license, is that owned by the association or is that owned by a corporation? If it ' s owned by 20 the association, is it paid for by everybody' s 21 maintenance fee? 22 MR. MOLINE: I have no idea. 23 MR. O' KELL: You said that -- 24 MR . MOLINE: It ' s on the wall down there . 25 0000000 �1 881 Barton Blvd. /iQport/nq Specialists, /no. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 33 1 MR. O'KELL: You don' t know who purchased 1 it? 2 3 MR. MOLINE: They renew it every Year, what 4 it says -- 5 MR. O' KELL: But you don' t know who 6 purchased it? 7 MR. MOLINE: I couldn ' t tell you right now 8 what -- MR. O' KELL: It could be owned by the 9 10 entire association, which means that all of them 11 are paying the maintenance fee , so the six 12 percent don' t really own that motel license, it 13 belongs to everybody? 14 MR. MOLINE: That ' s the way the state wants 15 it , whatever way the state wants it , that ' s the way it is . 16 MR. O' KELL: So everybody could do it then, 17 because they all own that license. The six 18 percent that participate in your management 19 setup there, still everybody could use that 20 motel license the same way, because they' re all 21 paying for it if it ' s being paid for by the 22 maintenance fee? 23 MS . RUSSEL: I think we ' re straying just a 24 bit from the sections that are cited. Are there 25 0000000 881 Barton EINE. Reporting t9pecia/ist, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 34 1 any other questions that are germane to the two 2 sections that Cape Winds is cited as being in 3 violation thereof? 4 MS . PORTER-GABLER: When the individual 5 condo owner has these people come down for a 6 weekend or so forth, does your office, :he condominium office handle that, arrange that 7 8 they get the ke_v, give them a receipt like we 9 see over here for a two or three day stay, how 10 do you paperwork these people coming into 11 somebody else ' s condominium that you say is 12 their individual business? 13 MR. MOLINE: We may or may not know about 14 it. It depends on the situation or we nay know 15 about it and the owner gives them a key. 16 MS . PORTER-GABLER: If you know about it, do you give them a receipt like that 17 acknowledging the payment? 18 MR. MOLINE: We don' t have anything to do 19 with it if the owner rents it . 20 21 MS . RUSSEL: That ' s a strictly private arrangement in which if any funds changes hands , 22 it would be with the individuals involved and 23 not through your books? 24 MR. MOLINE: We wouldn' t have anything to 25 0000000 /1 881 Barton Blvd. Reporting Specialists, Inc STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 35 1 do with it , just like any other condo. LJ 2 MS . BENSON: Except that your condominium 3 seems to be rather unique in that you' re telling 4 us that the condominium bylaws , rules , 5 regulationS , whatever, have absolutely no 6 stipulation on rental time , that ' s unusual . 7 MR. MOLINE: I don' t think that ' s unique . 8 Tt ' s a concept that ' s come in years and years 9 ago, I felt the first time on the beach back in 10 1971 , Cape Shores and we had a limitation on 11 children, my kids couldn' t live there . 12 MS . RUSSEL: Well , ladies and gentlemen, 13 what ' s your pleasure? MR. MOELLER: I 'd like to have Mr. Theriac 14 15 give me an interpretation of 645 . 11 , pont one one , on the last paragraph. Page 86 . 16 MR. THERIAC : 645. 11 . 17 18 MR. MOELLER: Page 86 . As far as 19 violations is concerned of this ordinance shall 20 enable the building official to have the electric meter removed from the unit un-Al such 21 violation is corrected and the building permit 22 or certificate of occupancy is brought current. 23 The way I look at it , that certificate �f 24 occupancy is in violation and in our findings , 25 1 0000000 /� 881 Barton Blvd. Reporting Specialists, J,) . STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 36 1 as far as a failure to comply, can this be used? 2 MR. THERIAC : Not by this board, because 3 Chapter 162 of the Florida statutes limits us to 4 the maximum daily fine . 5 MS . RUSSEL: It also says shall enable, it 6 doesn' t indicate that it ' s a mandatory action, is that correct? 7 8 MR. MOELLER: Okay. 9 MR. THERIAC : Madam Chairman, may I make 10 inquiry of the lady that was under oath here? 11 MS . RUSSEL: Mrs . Razzano, yes . 12 MR. THERIAC : Would you tell us the 13 circumstances of your coming into possession of 14 the rate sheet . 15 MS . RAZZANO: I made reservations , probably 16 the middle of July, to come over for three days 17 in August . MR. THERIAC : Of this July? 18 MS . RAZZANO: Yes . 19 MR. THERIAC : How did you do that? 20 21 MS . RAZZANO: I was staying down at one of the other facilities along the beach and I saw 22 that and went in, they said daily rates , so I 23 went in and got a brochure . 24 MS . RUSSEL: No one challenged your wanting 25 0000000/ 88, Blvd /iQpert,',g Speeia/isrs, Inc STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32953 37 1 to stay for three days? MS . RAZZANO: No, ma ' am. 2 3 MS . RUSSEL: You were not on on your knees 4 pleading? 5 MS . RAZZANO: I ' ll show you my bruises . 6 No. So later on when we decided that we wanted to come over, I made a reservation. I do have a 7 copy of the daily Ates , they quoted me daily: 8 - 9 weekly and monthly. 10 MR. THERIAC : Were you here for your own 11 fun or for the national interest? 12 MS . RAZZANO: Fun. 13 MS . RUSSEL: Not launch support related? 14 MS . RAZZANO: No, fun and sun. 15 MR. THERIAC : Thank you, ma ' am. MR. JACOBUS : May I inquire of Mrs . 16 Razzano. Mrs . Razzano, where is your address , 17 where do you live? 18 MS . RAZZANO: Orlando. 19 MR. JACOBUS : Could you give us your 20 21 address . MS . RAZZANO: 4232 North Landmark Drive, 22 Orlando, Florida, 32817 . 23 MR. JACOBUS : And you indicated you were 24 over here staying at another hotel? 25 0000000 eel Barton ei d /iQport, g 6'peoialists, /ne. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 38 1 MS . RAZZANO: Um-hum. 2 MR. JACOBUS : Where was that? 3 MS . RAZZANO: I was staying at the Howard 4 Johnsons . 5 MR. JACOBUS: Is this where you made the 6 reservation? MS . RAZZANO: No, I made it later on when I 7 8 went home. 9 MR. JACOBUS : For how many people , just 10 yourself? 11 MS . RAZZANO: And my fiance . 12 MR. JACOBUS : What provoked you to come 13 down to the city and file this complaint -- let 14 me strike that . Were you aware of the zoning 15 ordinance of the City of Cape Canaveral? MS . RAZZANO: No. When I told someone I 16 17 had made reservations there , they told me what 18 was going on and being in the travel industry, I 'd rather support the hotels . 19 20 MR. JACOBUS : Who did you tell that to? MS . RAZZANO: A friend of mine who works 21 for one of the hotels . 22 MR. JACOBUS : Who is your friend? 23 MS . RAZZANO: Jean Homan. 24 MR. JACOBUS : What hotel , is it Miss? 25 ©000000 C 81 Barton Blvd. Reporting Specialists, Inc.(: STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 39 1 MS. RAZZANO: Miss . MR. JACOBUS: And you told her about it? 2 3 MS . RAZZANO: I told her we were coming 4 over and where I made reservations . 5 MR. JACOBUS : Is she the one that told you 6 to come down to the city and make a complaint? 7 MS . RAZZANO: She told me what was going on 8 and it was my decision . 9 MR. JACOBUS : What exactly did she tell you 10 what was going on? 11 MS . RAZZANO: That the condominiums were 12 renting out on a daily basis and they weren' t 13 licensed as a hotel to operate on a daily basis 14 and they don' t meet some of the other 15 requirements that the hotels have to meet . 16 MR. JACOBUS : Did she tell you what condominiums were doing that? 17 18 MS . RAZZANO: No. 19 MR. JACOBUS : Was it your impression in 20 your discussion with her that it may have been more than one? 21 22 MS . RAZZANO: I know there ' s many condominiums along the beach. 23 MR. JACOBUS : Did you book reservations at 24 any other condominiums besides Cape Wind? 25 0000000/ 881 Barton po e/fists, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 40 1 MS . RAZZANO: I 've staved at another one in 2 town. 3 MR. JACOBUS : Have you made anv more 4 complaints with the city about any other 5 condominium in Cape Canaveral -- 6 MS . RAZZANO: Yes . MR. JACOBUS : Which one? 7 8 MS . RAZZANO: The Royal Mansion. 9 MR. JACOBUS : How did you happen to make a 10 reservation at the Royal Mansion? 11 MS . RAZZANO: A friend of mine who' s a 12 travel agent was telling me about it . MR. JACOBUS : Who was that friend? 13 14 MS. RAZZANO: Patty Tiffany. 15 MR. JACOBUS : Where does Patty live? MS . RAZZANO: In Orlando. 16 17 MR. JACOBUS : She told you about Royal Mansion? 18 MS . RAZZANO: Um-hum. 19 MR. JACOBUS : And did you file a complaint 20 against Royal Mansion? 21 MS . RAZZANO: Yes . 22 MR. JACOBUS : Are there anv other -- do you 23 know if Orlando has any restrictions on rentals 24 R-3 zoned? 25 0000000 881 Berton Blvd. �2epo/ting Spedeists, /ne. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 41 1 MS . RAZZANO: I don' t believe there are 1 anv condominiums that I 'm aware of that rent out u 2 - 3 on a daily basis . 4 MS. RUSSEL: Is that germane to what we ' re 5 discussing here? MR. JACOBUS : It may well be. Are there 6 7 any others that you made complaints on besides 8 Cape Winds and Royal Mansion? 9 MS . RAZZANO: No, sir. 10 MS . PORTER-GABLER: Is there a printed 11 brochure that you had in your file that 12 indicates that this Cape Winds does rent by the 13 day? 14 MS . RAZZANO: No, it just says on here 15 available for short term and monthly rentals . But this is the confirmation that they did send 16 me and it does publish daily, weekly and monthly 17 rates . 18 MS . PORTER-GABLER: Do we have that? 19 MS . RUSSEL: Yes, that ' s our Exhibit 1 , she 20 was the one that provided it . 21 22 MR. JACOBUS : I just have one more question, do you know Mr. Mishler? 23 MS . RAZZANO: No, I don' t . 24 MR. JACOBUS : Thank you. 25 0000000/ 881 Barton EIIvd. Spec/e/isrs, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 42 1 MS . RUSSEL: Are we ready to move forward. -1 Any other 2 questions? Anybody feels they need to 3 be heard from? What is your pleasure? 4 MR. MOELLER: Madam Chairman, make the 5 following finding of fact , that Cape Winds, 6 Incorporated, continues to rent individual rental units for less than the required seven 7 3 day period. Make the following conclusions of � I 9 law, Cape Winds is in violation of section 10 645 . 11 , section 637 . 31 , Cape Canaveral Code of 11 Ordinance. That Cape Winds , Incorporated shall 12 comply with the aforementioned sections on or 13 before, you say the next meeting is the 29th? 14 MS . RUSSEL: 21st , the Friday before is the 15 15th. 16 MR. MOELLER: On or before September 15, by 17 taking the following action, cease and desist 18 all operations involving the rental and/or lease 19 of individual units within the Cape Winds 20 condominium for periods of less than seven 21 consecutive days . The order shall further 22 provide that upon compliance, Cape Winds , Incorporated shall notify Evelyn Hutchinson, 23 City Official , in writing and she shall notify 24 the board of the compliance. However, upon 25 0000000 881 Barton Blvd. Repotting t9peeia/ists, /nc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 43 1 failure to comply by September the 21st , there 2 will be a fine -- 3 MS . RUSSEL: September 15 . 4 MR. MOELLER: September the 15th, sorry, there shall be a fine of $250 for the first day 5 of noncompliance and $50 per day thereafter for 6 7 each and every day until brought into 8 compliance. Should the violation reoccur upon � I 9 notification by the Code Enforcement officer, a 10 fine of $250 per day will resume and will be 11 imposed for each and every day the violation 12 continues to exist . 13 MS . RUSSEL: Is there a second? MS . KIRCHOFER: I second the motion. 14 MS . BENSON: Is it possible to make 15 discussion, amendment? Because this seems to be 16 a continuing problem, since the building was COd 17 in 1985 , I would like to discuss a fine of $250 18 a day for each day rather than $50 a day. This 19 is a large complex. 20 MS . RUSSEL: I would also consider not for 21 22 just each day, but for each and every instance on each day. 23 MR. MUELLER: That ' s good. 24 MS . BENSON: Can we do that , Mr. Theriac? 25 0000000/ 881 Barton DIvd. Specialists, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 31955 44 1 MR. THERIAC : Yes , ma ' am. MS . RUSSEL: Would you like to modify your 2 3 original motion to include that -- 4 MR. MUELLER: Yeah, we ' ll modify to include S specified as you said, $250 per day and $50 per 6 day for each violation, right? MS . RUSSEL: No, that was not her 7 8 surges _ion. Her suggestion was $250 per day for 9 the first day and $250 for each day thereafter 10 and my addition was for each and every instance 11 on each and every day. 12 MR. MUELLER: Okay. We ' ll modify it that 13 way. I ' ll accept that . 14 MR. O' KELL: Can I ask a question, which 15 way, one ' s on instance and one ' s -- but the 16 record is being made, one is on 250 and one is 17 on each instance and you said I ' ll modify it 18 that way and I 'm asking which way. 19 MR. MOELLER: For the second fine, if 20 there ' s a continued violation, the $250 per day 21 plus $50 per day for each notification of violation after that. 22 MR. THERIAC : Madam Chairman, if I may make 23 a suggestion, I think I heard some discussion 24 about 250 , 250 the day after that and I know you 25 I 0000000 881 B.„-BR,d. /,Qpott,'ig Specialists, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 45 1 wanted to add on -- MS . RUSSEL : Per day per instance. L_1 2 3 MR. THERIAC : Since I anticipate I would be 4 the one defending this if it goes further, I 5 would suggest the 250 per day fine maximum, that 6 would make my job a bit easier and it would seem to accomplish the job that the board is moving 7 8 I toward. 9 MS . HUTCHINSON: Is this a time to ask 10 questions? How can we determine if a violation 11 exists without having someone go in under cover? 12 MS . RUSSEL: Only if someone comes forward 13 as Mrs . Razzano and Mr. Mishler has done, I 14 think anything else would probably be considered 15 entrapment . I think that would be the way it would be interpreted. 16 17 MR. THERIAC : You' re really netting more in the area of criminal law. I don' t know if it 18 19 would apply in a civil type setting like we have here. 20 MS . RUSSEL: I think it would border on 21 that. So we have a semi-modified motion and now 22 that we have messed up what you had so nicely 23 laid out , shall we try it , try to get our ducks 24 back in a row. 25 ©000000 881 Barton Blvd. Reporting Specialists, /ne. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 46 1 MR. MOELLER: The fine of $250 per day for the first day of noncompliance . LJ 2 3 MS . RUSSEL: And for each succeeding day. 4 MR. MOELLER: And $50 per day for each day S thereafter. 6 MS . BENSON: That ' s why I was asking for $250 per day for each day thereafter when they 7 8 are in violation and I asked for that because i 9 this appears to have been habitual since the 10 beginning of the CO in 1985, that ' s why I would 11 like a fine of $250 each and every single day 12 there ' s a violation. 13 MS . RUSSEL: And in the event of 14 reoccurance, was that not part of it? 15 MR. MOELLER: It would also apply for recurrence . 16 17 MS . RUSSEL: Yes, and, of course, we all 18 understand that if recurrence does occur, they 19 do not need to go through a public hearing. The 20 fine is immediately levied. Okay. And do you second that amended? 21 22 MS . KIRCHOFER: I second the amendment. MS . RUSSEL: Is there any further 23 discussion. Madam secretary call roll . 24 THE SECRETARY: Jeanie Benson? 25 0000000 881a-rton /iQport,,g S'pecia/ists, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 47 1 MS . BENSON: For. 7 THE SECRETARY: George Hutchinson? �J 2 3 MR. HUTCHINSON: For . 4 THE SECRETARY: Roy Moeller? , 5 MR. MOELLER: For. THE SECRETARY: Jean Porter-Gabler? 6 MS . PORTER-GABLER: For. 7 THE SECRETARY: Muriel Russel? 8 I MS . RUSSEL: For. 9 THE SECRETARY: Hellen Kirchofer? 10 MS . KIRCHOFER: For. 11 THE SECRETARY: James O ' Kell? 12 MR. O' KELL: For. 13 MR. JACOBUS : Just for the record, since we 14 15 have got two court reporters here , Mr. Moeller seemed to indicate his motion, which would 16 indicate it was prepared, I don' t know when, 17 Madam Chairman, you seem to be following along, 18 but was that prepared prior to the hearing 19 today? 20 MS . RUSSEL: There were recommendations 21 made as to what the findings have been in the 22 past , not recommendations , but a summary of 23 prior events relating to rents . 24 MR. JACOBUS : It would seem that Mr . 25 0000000/ 881 Barton Sive. /eQeport, g Specialists, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 48 1 Moeller read it directly. 7 MR. THERIAC : There ' s a form, Mr . Jacobus , 2 3 that is provided. 4 MR. JACOBUS : He just filled in the blanks 5 then? 6 MR. THERIAC : Right . MS . RUSSEL: They get a little wrapped 7 8 I around the act,' f c9on ' t resort to that . 9 MR. JACOBUS : Thank you very much. 10 MS . RUSSEL: Mr. Moline , do you understand 11 what has occurred here this evening? 12 MR. MOLINE: I don' t understand what the motion 13 was , but I 'm sure I ' ll get a copy and read it . 14 MS . RUSSEL: You're right . 15 MR. MOLINE: You really need a microphone for some of us who are older and don' t hear too 16 17 I well . I don ' t think half the people here don ' t know what ' s going on. 18 19 MS . RUSSEL: Would you like for me to explain or will we let Mr . Jacobus in your 20 21 letter explain what has happened? 22 MR. MOLINE: If he ' s still my attorney, I ' ll let he him explain what has happened. 23 If you' ve got him hired till midnight , 24 maybe he can tell you what happened. 25 0000000 881 Barton Blvd. //Q/Ott//)g Specialists, Inc. STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 49 MS . RUSSEL: You do need to be aware that 1 2 if it does occur, we do not need to go through 3 this procedure again for the fine to be 4 reinstated. MR. JACOBUS : As I indicated to you 5 6 earlier, it ' s a legal argument and ultimately 7 the circuit court is going to have to decide. _ .000. . . 8 I 9 (Thereupon, at 8 :40 o' clock p.m. , the fore- 10 going proceedings were concluded. ) . . .o0o. . . 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0000000 81 Barton Blvd. /1Qpottig Specialists, Inc.o STENOTYPE REPORTERS ROCKLEDGE, FLORIDA 32955 50 1 CERTIFICATE OF REPORTER 2 STATE OF FLORIDA ) ss : 3 COUNTY OF BREVARD) 4 I , Susan D. Carver, being a Notary Public in and for 5 the State of Florida at Large, Do hereby certify that , 6 pursuant to notice, I did report the hearing before the 7 Code Enforcement Board, that the foregoing pages 8 constitute a true and correct transcription of the 9 transcrip of said hearing; and the formal notice of filing 10 was waived by counsel . 11 I FURTHER CERTIFY that I am neither a relative nor 12 an employee of counsel , nor of either of the parties in 13 said suit , and in nowise financially interested in the 14 event of this cause. 15 I FURTHER CERTIFY that the original transcript has 16 been directed to Evelyn Hutchinson, Code Enforcement 17 Office . 18 WITNESS MY HAND and Official seal in the City of 19 Rockledge , County of Brevard, State of Florida, this the 20 10th day of October, 1989 . 21 22 )4 \ GL4A)44/‘--1'' SUSAN D. CARVER, Notary Public 23 My Commission Expires : 6-11-90 24 25 0000000/ 881 Barton Blvd. Specieists, /40. STENOTYPE REPORTERS ROCKLEDGE. FLORIDA 32955