Loading...
HomeMy WebLinkAboutMinutes 10-20-1997CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE BOARD MEETING OCTOBER 20, 1997 MINUTES A meeting of the City of Cape Canaveral, Community Appearance Board, was held on October 20, 1997, at 7:30 P.M. in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. The Secretary called the roll. MEMBERS PRESENT Karen Hayes Chairperson Jovan Barzelatto Vice Chairperson Richard Treverton MEMBERS ABSENT Nadena Easler Dolores Stribling OTHERS PRESENT Tony Hernandez City Council Member Greg Mullins Code Enforcement Officer Anthony Garganese City Attorney Beatrice McNeely Planning&Zoning Board Chairperson Susan Stills Deputy City Clerk Terry Seawell Cocoa City Manager Ms. Hayes referenced the Board's previous meeting and questioned Mr. Barzelatto's attendance record in accordance with the Board's ordinance. Ms. Hayes directed the Board Secretary to verify Mr. Barzelatto's attendance and write a memo to the City Manager in this regard. Ms. Hayes reported her ex-parte communication with Mr. Treverton regarding attendance at this Board meeting and his possible conflict of interest. APPROVAL OF MINUTES Motion by Ms. Hayes and seconded Mr. Barzelatto to approve the amended minutes of October 6, 1997. Motion carried unanimously. Mr. Treverton noted that since he was absent from the October 6th meeting, he did not make the motion to approve minutes as stated. City of Cape Canaveral, FIorida Community Appearance Board Meeting October 20, 1997 Page 2 1. Request No. 97-16 - Application for Approval/ Call One Accessory Building (Storage); William Mays, Applicant. Ms. Hayes called for a representative from Call One and distributed pictures for the Board's review. Mr. Treverton addressed the City Attorney and reported a possible conflict of interest voting on this issue. He disclosed that Mr. William Mays contributed to his campaign for Mayor and asked if he would be allowed to vote. Attorney Garganese explained that if his vote could in any way derive financial benefit, then he has a voting conflict of interest. He also referenced a Florida Statutes provision that public officials presiding on a Board cannot accept a monetary contribution if that monetary contribution could be construed as influencing that person's vote. Mr. Treverton commented that Mr. Mays's contribution might be construed as influential to his vote and he would need to abstain from voting. Attorney Garganese responded that the item would have to be tabled if Mr. Treverton could not vote. Mr. Mays expressed concern that a lack of a quorum would require him an additional waiting period and additional costs. He could not see why Mr. Treverton should abstain from voting. Ms. Hayes interceded that if Mr. Mays was concerned with Mr. Treverton voting on the application, then what is the consequence. Attorney Garganese explained that an outside agency might contest Mr. Treverton voting on the application and Mr. Treverton has the ethical obligation, not Mr. Mays. Mr. Treverton queried if this obligation applied to any member of City Council during political office and did that person need to abstain from voting. Attorney Garganese clarified that if monies received were taken with the knowledge that such money could influence a Council member's vote on an item in review, the actions of that Council member could violate the Code of Ethics of Public Office. Attorney Garganese said that if an official has a political contribution and it could be construed as a contribution to influence that Board or Council Member's vote, then that member should abstain from voting. Attorney Garganese stated that two different ethics laws are involved: 1) is a Voting Conflict of Interest, and 2) are a Canon of Ethics for Public Officers. Ms. Hayes asked Mr. Mays if he was aware that Mr. Treverton was a member of the Community Appearance Board at the time he gave the contribution. Mr. Mays responded no. Mr. Treverton stated that although the contribution could be perceived as influential, he stated that the contribution would not influence his vote. Attorney Garganese asked Mr. Treverton if he desired to go on record stating that the contribution was not made with the expectation to influence his vote. Mr. Treverton stated for the record that Mr. Mays' contribution would not influence his vote. Attorney Garganese swore in Mr. William Mays, Owner of Call One, 8810 Astronaut Blvd., Cape Canaveral. Ms. Hayes initiated questions and asked if the storage door would be paneled. Mr. Mays affirmed. Mr. Mullins stated the storage door would be commercial type roll up panels. Ms. Hayes questioned which was the actual application -the blueprints or the artist rendition. Mr. Mays answered the blueprints. In response to Ms. Hayes question on islands of landscaping over required footage in the parking area, Mr. Barzelatto said that parking is existing. Mr. Mullins explained that the City code allowed for a percentage of points in landscaping per parking spaces. City of Cape Canaveral, Florida Community Appearance Board Meeting October 20, 1997 Page 3 Motion by Mr. Treverton and seconded by Mr. Barzelatto to approve the application for Request No. 97-16 as submitted. Motion carried unanimously. 2. Request No. 97-17 - Application for Approval/Tezel Residence: Ali Tezel, Applicant. Attorney Garganese swore in Mr. Ali Tezel, 122 Twin Rivers Drive, Merritt Island. In answer to Ms. Hayes's question on the color, Mr. Tezel answered beige and he said the trim would be white. Ms. Hayes asked if any walls or fences would be installed and if there were a separate permit for a fence. Mr. Mullins answered yes, a separate permit would be required and that a four foot wall in the front is standard. Ms. Hayes noted that her question derived from other applications that indicated a proposed wall. Ms. Hayes questioned the stucco color. Mr. Tezel presented a paint can that indicated the color as beige. Motion by Mr. Barzelatto and seconded by Mr. Treverton to approve the application for Request No. 97-17 as submitted. Motion carried unanimously. DISCUSSION Attorney Garganese acknowledge Mr. Terry Seawell, City Manager of Cocoa, who attended the Board meeting for insight on initiating a similar Board in his city. Council Member Hernandez addressed the Board regarding the landscaping at the Race Track service station. Ms. Hayes stated that the Board did not specify tree size. She also stated that the canopy was noted on the plan but not actually depicted. Mr. Barzelatto said that photographs of an existing Rack Track service station were submitted for review. Council Member Hernandez stated that the business's appearance is inconsistent with the City's Mission Statement. He also requested that the Board secretary provide him a copy of the meeting minutes that approved the application. Mr. Mullins stated that Race Track was inspected before opening and the owners were directed to plant all the trees indicated on the plans. Council Member Hernandez reemphasized his concern with the City's mission of a tree lined community. Mr. Treverton recounted his reaction to the business's illumination at night. Ms. Hayes asked if there was any requirement for maximum illumination. Mr. Mullins read from the City Code, Section 34-207 regarding "Spill Over Lighting." He stated that the extent of lighting might be questionable, however the canopy keeps the lighting contained. Council Member Hernandez regarded the approved application as a learning experience for the City. He noted that although the vegetation needs time to grow, the policy regarding trees was not met. Ms. Hayes announced that the next scheduled Board meeting would be held on November 3, 1997. City of Cape Canaveral, Florida Community Appearance Board Meeting October 20, 1997 Page 4 There being no further business the meeting adjourned at 8:25 P.M. Km Hayes Karen A. Hayes, CHAIRPERSON Susan Stills Susan Stills, Deputy City Clerk BOARD SECRETARY