Loading...
HomeMy WebLinkAboutMinutes 06-03-2003 Workshop CITY COUNCIL WORKSHOP MEETING CITY HALL ANNEX (Iv 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 3, 2003 5 :00 P.M. MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Council Members Absent: 1 Mayor Pro Tem Buzz Petsos Others Present: City Manager Bennett Boucher City Clerk Susan Stills City Attorney Anthony Garganese DISCUSSION: 1. City Code Review — Continuing with Code Chapter 50 through Chapter 66. Offenses and Miscellaneous Provisions: Section 50 -1. State misdemeanor acts adopted. Mayor Randels referred to the State Misdemeanor Act and asks if Section 51 contradicts with the felony misdemeanor of selling contraband within 1,000 feet of a school. He asked if the penalty is more when caught selling drugs in a school zone. Attorney Garganese stated that if anyone is caught committing a misdemeanor within City limits then they are subject to additional State penalties. However, if more stringent penalties are required elsewhere then the Council might desire for those more stringent penalties to apply. Misdemeanors are considered code violations and not felonies. Attorney Garganese recommended an amendment to Section 1 -15 to include a provision to recover attorney's fees and costs. City of Cape Canaveral, Florida City Council Code Review Meeting June 3, 2003 Page 2 Section 50 -2. Public Nudity. Mayor Randels asked the City Attorney if there were any legal precedents relating to this Section. Attorney Garganese responded that there are provisions that apply to the anatomical definitions in the Codes. Council members agreed that the existing ordinance was generally applied and directed the City Attorney to draft an ordinance with more current language. Section 50 -3. Court costs for police education and training. Mayor Randels stated $2.00 is set aside for the Law Enforcement education fund under this Section. Section 50-4. Camping prohibited. No changes. Sections 51- 53. Reserved. CHAPTER 54 - PARKS AND RECREATION. ARTICLE. IN GENERAL. Section 54 -1. Mayor Randels inquired if the law against carrying bottles were enforced. Mr. Boucher affirmed that the Sheriffs Department enforces this code provision. Mr. Hoog inquired if alcoholic beverages are allowed in any other type of container. Alcoholic beverages are covered under a separate code. Mr. Boucher suggested including the disallowance of solicitation on the beach. Attorney Garganese recommended including such solicitation under Section 34 — Environment. Mr. Morgan suggested prohibiting solicitation any community or City event. The City Attorney would make these amendments within Chapter 34. Section 54 -2. Park Hours. Mayor Randels reminded that there are occasions when the City parks are used after hours, Mr. Boucher noted that permitted events approved by City Council state the hours of occurrence. ARTICLE IL RECREATION BOARD. Section 54 -26. Established. Mayor Randels referred to a concern from Paula Collins regarding the requirement that an applicant be a registered voter. Mr. Morgan stated that the previous consensus of the Council was for the applicant to be a resident of the City. Mr. Treverton asked if all of the Board's would be compiled under one Code section or segmented out to their respective section. Mr. Boucher stated that by Statute all land development Boards are listed under City of Cape Canaveral, Florida City Council Code Review Meeting June 3, 2003 Page 3 Ilrie the land development code section. Mr. Treverton questioned the effectiveness of the 1 process to recruit new members if residency becomes a requirement. Attorney Garganese replied that an ascending order such as using an altemate would be applied. Mr. Morgan asked if there were any benefit of the Community Appearance Board's review of residential property? Ma or Randels replied that there was no benefit if the t rev Y applicant changes what was done after the Board's approval. Mr. Boucher stated that the Council might want to move away from residential reviews. Mr. Morgan requested to F raise the threshold of residential review to four units. The City Manager and City Attomey will work on changes to the Community Appearance Board review ,i process. I I Mayor Randels asked for clarification on whether an alternate member is allowed to take d part in the discussion. Council agreed that an altemate member could participate in iscussion. i . Section 54 -27. Vacation of Office. t Mayor Randels reviewed the requirements for removal from the Board. Attorney Garganese replied that this would e addressed in the Uniform Board ordinance. Mr. Boucher stated that the Uniform Board ordinance also refers to consecutive meetings. C Attorney stated that the ordinance specifies meetings within a twelve -month period. Ms. Hanson informed that many of her Board members travel and the attendance requirements would affect her members. Section 54 -28. Duties. Mayor Randels summarized that the Board has no purchasing authority. i ARTICLE III. VESSEL CONTROL AND WATER SAFETY. Section 54-47 — Definitions. Mr. Morgan asked if this section is consistent with the Statutes. Mr. Boucher suggested manatee P rotection zones. Mr. Morgan also suggested adding wind surfers to the definition. Mayor Randels summarized that the City Attorney could expand on the definition under vessel using terms from another beach community. i Section 54-48 through 51. t i Areas of Enforcement. Means of Enforcement. Careful and prudent operation required. Speed not to be greater than what is reasonable under the conditions. 1 Discussion followed on vessel speed in congested areas. 1 City of Cape Canaveral, Florida City Council Code Review Meeting June 3, 2003 Page 4 Section 54 -52. Designation of areas of regulated water activities. Mayor Randels asked if 300 -feet is still a reasonable distance. Mr. Hoog asked how the measurement is substantiated. Mayor Randels replied that should a violation occur, the burden -of -proof is on the plaintiff. Section 54 -53. Procedure for designating additional areas of regulated water activities. No changes. Section 54 -54. Exemptions. No changes. Section 54.55. Penalties. No changes. CHAPTER 58 — PLANNING. Section 58 -26 through 29. Established. Qualifications. Ex- officio Members. Conflict of interest. Mayor Randels pointed out that serving without compensation is only applied to the Planning and Zoning Board. The City Attorney will include blanket terminology in the Uniform Board ordinance. Mr. Treverton inquired about ex- officio members. Mayor Randels replied that a person with relevant expertise was used to assist with such conditions as amendments to the Comprehensive Plan. Mr. Treverton asked if these sections were needed any longer. Attorney Garganese stated that Section 58 -28 and 58 -29 could be eliminated from the Planning and Zoning Board Section. Section 58 -30 through 32. Rules of Procedure. Quorum. Altemate members. Attorney Garganese replied that these sections would be addressed in the Uniform Board ordinance. c r City of Cape Canaveral, Florida City Council Code Review Meeting June 3, 2003 c o Page 5 Section 58 -33. Minutes.. Mr. Morgan pointed out that the Section states that the City Council shall designate a secretary to the Board. The City Attorney will change the language to "the City" shall designate a secretary to the Planning and Zoning Board. Section 58 -34. Duties. Mr. Morgan inquired about the decision on site plan approval. Mr. Boucher replied that the Planning and Zoning Board is a recommending body except on a site plan. Attorney Garganese stated that there is no provision in the code for the Council to address site plan approval. Attorney Garganese replied that the Board of Adjustment is the buffer for an applicant's appeal to a staff decision. He stated further that the City Council appoints the Planning and Zoning Board and he asked if the Council desired to retain them as a quasi-judicial Board or as an advisory Board to the Council. Mr. Morgan pointed out that the Board of Adjustment is the remedy for the staff or any other decision. Council members discussed if they would like to review an appeal prior to proceeding to litigation. Attorney Garganese said that the Board of Adjustment handles any appeal directed at the Building Official or related to zoning code. Mr. Boucher called for a point of order on the Planning and Zoning Board duties. Attorney Garganese asked if the Council desired to be the buffer zone between the Planning and Zoning Board and the Circuit Court. Attorney Garganese will make amendments to the language in Section 58 -34 (a). Section 58 -35. Master plan preparation and scope. Mr. Boucher recommended moving this section under the Local Planning Agency section. The City Attorney will eliminate this Section. Section 58 -36. Indebetedness. Mayor Randels stated that the Board is not authorized to incur any debt. ARTICLE III. LOCAL PLANNING AGENCY. Section 58 -56 through 58. Designation and establishment. Duties and responsibilities. Designation of agency. department. committee or person to prepare comprehensive plan. Attorney Garganese stated that the Planning and Zoning Board is allowed to reconvene as the Local Planning Agency. The Chair announced that the next Code Review Workshop would begin with Chapter 60. City of Cape Canaveral, Florida City Council Code Review Meeting June 3, 2003 Page 6 ADJO B T _" /being_ no furtti`er ,ussion, the Chair adjourned the meeting at 6:45 P.M. Li- ' �. i E .kt w 9 0 � � �f �1( l l e I 1 1