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HomeMy WebLinkAboutMinutes 02-04-2003 Workshop tl CITY COUNCIL WORKSHOP MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida Tuesday February 4, 2003 5:00 P.M. MINUTES Council Members Present: Mayor Rocky Randels Council Member Bob Hoog Council Member Jim Morgan Council Member Richard Treverton Council Members Absent: Mayor Pro Tem Buzz Petsos Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Acting Building Official Todd Morley DISCUSSION: 1. City Code Review — Code Section 18, Civil Emergencies through Code Section 26, Elections. Chapter 18 — Civil Emergencies Mayor Randels inquired if the term "curfew" were properly defined in that hours were not set. Attorney Garganese stated that if the City were to determine that a civil emergency existed and there were a need to establish a curfew, a written resolution of the City Council would establish the hours. Mr. Treverton commented on the Mayor's authority to declare an emergency. Mr. Morgan expressed concem with one person having the authority to take such measures and suggested a mechanism for two parties to make that determination, such as the Mayor and City Manager. Mr. Treverton also recommended protocol to regress from a state of emergency. Mayor Randels suggested language that would require the Council to convene within 24 -or 48 -hours to review the situation and pass a resolution to that effect. Mr. Boucher explained that in natural disasters, County Commissioner would call for an evacuation and store closings. However, in civil emergencies expedient action is required. Mr. Boucher stated that other agencies, such as fire and law enforcement, would establish what procedures to follow. Mr. Boucher restated that a mechanism to regress after the civil emergency is r City of Cape Canaveral, Florida City Council Code Review Workshop Meeting February 4, 2003 Page 2 necessary. Attorney Garganese referred to Chapter 252 of the Florida Statutes that establishes emergency management procedures and also defines certain emergencies. "In 252.38, safeguarding the life and property of its citizens is an innate responsibility of the governing body of each political subdivision. Municipalities are authorized to adopt municipal emergency management programs as long as they are consistent with the County's emergency management program." Attorney Garganese stated to make Chapter 18 consistent with Chapter 252. The measure to reconvene the Council within 24 -hours would rescind this declaration. Mayor Randels summarized the consensus for the Council to convene with 24 -hours of the declared emergency to review the situation as well as to have Chapter 18 of the City Code consistent with Chapter 252 of the Florida Statutes. Article 11 Chapter 22. Business and Cultural Development Board Section 22 -26 through 22-35. Mayor Randels pointed out that there are no provisions for Business and Cultural Development Board members such as those with the Community Appearance Board. Mr. Treverton replied that the latter Board is quasi-judicial Board and procedurally different. Mr. Hoog commented on the non - residency allowance on the Community Appearance Board. There were no changes in Article 11, Chapter 22. Mayor Randels suggested distributing the Board's duties to its members. Mr. Boucher replied that the Board develops the Redevelopment Plan. Article III, Community Appearance Review Sections 22-36 through 22-47. Mr. Treverton commented on the removal- vacancy in Section 22 -37. Mr. Morgan replied that if the absence had justification, he would be opposed to removing the member. Attorney Garganese replied that Uniform Board requirements for Appointments, Removals, Absences and such could be established. The residency requirement could be included within that ordinance. A uniform Board ordinance would streamline the Board application process. Mayor Randels summarized the consensus of the Council for the City Attorney to draft a Uniform Board ordinance. Mr. Morgan expressed the need to remove staff from Board meetings. Todd Morley, Acting Building Official, reiterated Mr. Morgan's thought and informed that the Building Department staff person was no longer available to sit in on the Community Appearance Board meetings. Mr. Treverton related that at one point he wanted the Board to relinquish the right to address residential issues since newer construction was already aesthetically pleasing. Mr. Paul Hurley, Community Appearance Board Member, stated that the Board helps to divert potential issues that might cause citizen concern in the future. Mr. Hurley illustrated instances of the Board's value to the community aesthetic. City of Cape Canaveral, Florida City Council Code Review Workshop Meeting February 4, 2003 Page 3 C . Mr. Morgan restated his question if two Building Department representatives are needed. Mr. Hurley replied that the Board has many skilled members and found Building Department staff member's assistance minimally needed. Mr. Morley stated that he found no requirement in the Board's by -laws for a staff representative and in light of that expressed to have a staff member available on an as- needed basis. Discussion followed on the Board's overall usefulness to make the community aesthetically pleasing. 1 Mayor Randels asked if the Council desired any changes to the City logo. The Council expressed that no changes were needed. t Mr. Treverton pointed out in Section 22 -37 that the requirement for staggered terms was no longer required. City Attorney noted to delete the language regarding staggered terms. Ms. McNeely referred back to removing staff from attendance and pointed out the importance of a Board secretary using Robert's Rules of Orders. If there is a dispute between the secretary and the Board chair, the secretary prevails. Mr. Morley agreed that the Building Department secretary qualifies to remain in attendance at the Board C meetings since she is the person who receives the applications. Mr. Boucher replied that the decision to remove additional staff members would be presented to the Board. Mayor Randels reviewed Section 22-40 and 22-41, regarding Approval Prerequisites for Permits and Compliance with Other Code Provisions. There were no changes to this section. Mayor Randels continued with Section 22-42, Procedures and Mr. Morgan inquired if a special meeting were ever called in the history of the Board. Ms. McNeely replied that one might have convened due to a Monday holiday. Mayor Randels reviewed the Limitations on Tabling. Mr. Treverton inquired if any other Board would want the tabling provision. Attomey Garganese reminded that this requirement was a safeguard to ensure expeditious processing so as not to hinder the developer in the review process. Mayor Randels proceeded with Section 22-43, Notice of Approval or Denial. Mayor Randels referred to the condition that the approval is valid for a maximum of 12- months from the date the Board renders it approval. Mr. Morgan said that provisions were needed for certain circumstances such as a national disaster. Mr. Boucher stated that an extension could apply. Attorney Garganese recommended the applicant show good cause for an extension. Mr. Morley explained that a building permit is applied for before coming to the Community Appearance Board and the permit is active for six months. If extenuating circumstances prevail, then the applicant would apply for an extension. Both the permit and the Community Appearance Board application have a six -month C life. Mr. Hoog asked if the applicant is aware of the six -month expiration time period to commence construction. Mr. Morley replied no the applicant is not notified and stated I MINIM City of Cape Canaveral, Florida City Council Code Review Workshop Meeting February 4, 2003 Page 4 that the contractor is required to know the law. However, in the future something will be added to the permit to that effect. Mayor Randels continued with Section 22-44, Application Criteria. Mr. Treverton stated that he saw minimal difference between the Level I and 11 application criteria, that one set of requirements might be adequate. Mr. Morgan stated that every commercial review should go through the process. Mr. Boucher recommended adding residential subdivisions for one overall approval on a deed restricted or covenanted community, which would provide contiguous review. Discussion developed on the City's stringent zoning code requirements that do not allow for creative use of land development that could possibly save landscaping. Ms. McNeely replied that formal direction to the Planning and Zoning Board would be appreciated. Mr. Boucher will forward a memo regarding the Planning and Zoning Board's review of the townhouse ordinance to allow encroachments in the setbacks using some prescribed method. Mayor Randels continued with Section 22-45; Section 22-46, Appeals and Review and Section 22-47, Building Permits; Enforcement. No changes were made to any of these sections. Chapter 26. Elections. Mayor Randels stated that the City has adopted Florida Statutes Chapters 97 through p 106 to establish the City's Election process. Section 26 -2 refers to Penalties. Section 26 -3 refers to the Qualifying Period that was changed this past year Section 26-4 refers to Same - Write -in Candidates. No changes were made to any of these sections. On a final note, Mr. Hoog asked how the building on Al was allowed its bright red paint colorand asked if there were any remedy for such a circumstance. Mr. Boucher replied tllata proposed ordinance at the next regularly scheduled meeting rega « "' / icling paint colors that might provide a remedy. T,being no furl, scuss the Chair adjourned the meeting at 6:24 P.M. I A 0 1St . a f . sir s.. Su . K Cow