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HomeMy WebLinkAboutMinutes 12-03-2013 1 1 I CAPE CANAVERAL Construction Board of Adjustment and Appeals Board Meeting Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 i MINUTES Tuesday December 3, 2013 5:30 PM CALL TO ORDER: Assistant City Attorney Kate Latorre called the Meeting to Order at 5:31 P.M. and led the pledge of allegiance. IMEMBERS PRESENT Geoff Goetz Chairperson William Budesa Vice Chairperson Jerry Agtmaal Thomas Quinn Joseph Tichich OTHERS PRESENT Angela Apperson Administrative Services Director Glenn Pereno Building Official Kate Latorre Assistant City Attorney Mia Goforth Deputy City Clerk/Recording Secretary IPUBLIC PARTICIPATION: None ORGANIZATIONAL PRESENTATIONS: 1 1 1. Florida in the Sunshine Overview— Assistant City Attorney Kate Latorre. i 1 2. Filing of Form 1, Statement of Financial Interests — Assistant City Attorney Kate Latorre. i 3. City Code Sec. 2-171. — Uniform procedures and requirements — Assistant City ' Attorney Kate Latorre. 4. Role of the Construction Board of Adjustment and Appeals (CBA&A). Assistant City Attorney Kate Latorre introduced herself to the Board Members. Before making her Presentations, she proceeded to instruct Members on her role as legal ) counsel to the Construction Board of Adjustment and Appeals. i 1 1 City of Cape Canaveral, Florida Construction Board of Adjustment & Appeals Meeting Minutes December 3, 2013 Page 2 of 4 NEW BUSINESS: I 5. Election of Chairperson. Attorney Latorre opened the floor to nominations for Chairperson. A motion was made by William Budesa, seconded by Joseph Tichich, to nominate Geoff Goetz for Chairperson. No other nominations were made and Mr. Goetz accepted the nomination. Vote on the motion carried unanimously. 6. Election of Vice Chairperson. j Chairperson Goetz opened the floor to nominations for Vice Chairperson. A motion was made by Joseph Tichich, seconded by Thomas Quinn, to nominate William Budesa for Vice Chairperson. No other nominations were made and Mr. Budesa accepted the nomination. Vote on the motion carried unanimously. i 7. Appeal of the Building Official's October 31, 2013 decision on Kitchen and Bathroom Remodel Permit submittal for 350 Fillmore Avenue Unit 2F: (a) Whether a permit may be issued to the owner under the owner-builder exception set forth in section 489.103(7), Florida Statutes. (b) Whether a building permit is required for each and every aspect of the proposed kitchen and bathroom renovation project given in the scope of work. (c) If the answer to question #1 is no, may the owner complete the portions of the renovation not requiring a permit before the permit is pulled? Building Official Glenn Pereno introduced himself to the Board and requested the Appeal be moved to another hearing date. He explained more time was needed to research the issue. Discussion ensued and included: when the Permit was applied for and how much time the Building Official is requesting to prepare. Chairperson Goetz requested guidance from Staff regarding how to proceed. Attorney Latorre stated Mr. Pereno has separate legal counsel assisting him to present his side of the Appeal to the Board, but because of the holiday they have not had a chance to meet. Attorney Latorre acknowledged the Appellant, Mr. S. Ken Gray, is present and would like to address the Board. She advised it will be up to the Board; a Motion will be necessary and at least three Members will have to agree to continue the case. Attorney Latorre suggested the Board could decide on a date-certain, since all parties are here, if that is the will of the Board. The Board agreed to allow Mr. Gray to speak. Mr. Gray stated he received a phone call the previous night relaying the message that J Mr. Pereno was not ready for the Meeting. He indicated he has been in limbo since October 2013 and unable to utilize or do anything to the condominium regarding 1 1 , fl 1 City of Cape Canaveral, Florida Construction Board of Adjustment & Appeals Meeting Minutes December 3, 2013 Page 3 of 4 renovations so he and Mrs. Gray can live in it in the future. He stated the whole issue comes down to Florida Statute 483.103 (7)(a); can an owner of a condominium pull a permit as owner, as a single family owner can do, or not? Mr. Gray stated the Building Official has interpreted the issue one way and he is saying Mr. Pereno is wrong. Mr. Gray stated he is ready, the City has had time to prepare for this meeting and he would like to proceed. He thanked the Board. Discussion ensued and included whether the Appellant, Mr. Gray, is required to hire a general contractor or can he, as owner, pull the permit; and the number of units in the Appellants' condominium. Chairperson Goetz thanked Mr. Gray, but stated the Board would need to decide to hear the Appeal or not before getting into the details of the case. Administrative Services Director Angela Apperson introduced herself to the I Board. She stated the Appeal was filed by Mr. Gray on November 15th and the City has not had 45 days to prepare for this case. She confirmed that because of the holiday, it has taken time to arrange proper legal counsel and that is the purpose for the request to continue. She reminded the Board that Assistant City Attorney Latorre may not represent Staff in this manner. Ms. Apperson encouraged the Board to pick a date in January, but that Staff would speed up their preparations should they choose a 1 December date. Mr. Gray stated it has been 43 days since the Stop Work Order was placed on the Unit, and he has been in constant contact with the City since then. Discussion ensued regarding granting the City more time. 1 A motion was made by Mr. Agtmaal, seconded by Mr. Tichich, to hear the Appeal this evening and deny the Request for a Continuance by the Building Official. Discussion ensued and included the fact that if the Board denies continuance of the case tonight, then the decision of the Board becomes final. Attorney Latorre stated the decision becomes final subject to appellate rights of the losing party to further appeal beyond this Board; and as far as the City process goes, this is the final stop. Ms. Apperson pointed out that Board Members do not have to make a decision this evening. Vote on the motion failed by a 3-2 majority, with Members voting as follows: Mr. Agtmaal, For; Mr. Budesa, Against; Mr. Goetz, Against; Mr. Quinn, Against; Mr. 1 Tichich, For. Attorney Latorre advised the Board to make a motion to continue to a date certain instead of tabling the item. Discussion ensued regarding scheduling the next meeting date and time. A motion was made by Mr. Quinn, seconded by Mr. Budesa, to reschedule the Hearing for December 18, 2013. Vote on the motion carried unanimously. The Board agreed to meet at 5:30 pm on December 18th for the next Construction Board of Adjustment and Appeals meeting. Chairperson Goetz inquired if there was any other business before the Board. An audience member stated their concern over the Board Members not taking Oaths of Office. Attorney Latorre stated she would research the issue. City of Cape Canaveral, Florida Construction Board of Adjustment & Appeals Meeting Minutes December 3, 2013 Page 4 of 4 There being no further business, the meeting adjourned at 6:11 p.m. Approved on this 18th day of December , 2013. Geoff Goe . , Chairp: son Mia Goforth ieputy 'ty Clerk/Recording Secretary 1 3 p!