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Home My WebLink About04-17-1979 Regular Meeting1 _ JI n M101 CITY CITY COUNCIL REGULAR MEETING APRIL 17, 1979 A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL WAS HELD ON APRIL 17, 1979 AT CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FLORIDA. THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H. THURM AT 7:35 P.M. THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS L.C. BOYD, J.L. MURPHY, M.A. RIGERMAN; CITY ATTORNEY RICHARD F. SCOTT, CITY MANAGER ANITA J. OSTROM, CITY CLERK PATRICIA J. BEAULIEU A AND SGT. AT ARMS JOAN HUDEPOHL. -THE MINUTES OF THE APRIL 3, 1979 MEETING WERE APPROVED AS READ. MAYOR THURM PRESENTED PLAQUES TO CITY EMPLOYEES KENNETH BORING AND CARL AKERY FOR 10 YEARS OF CONSECUTIVE SERVICE. OFFICIALS FROM FIRST NATIONAL BANK OF CAPE CANAVERAL GARY CUMMINGS, ED PRICE AND NEWLY APPOINTED PRESIDENT MR. HOWARD BOTELER WERE IN ATTENDANCE. MR. BOTELER WAS INTRODUCED TO COUNCIL AND EXTENDED HIS ASSISTANCE TO COUNCIL MEMBERS ON ANY MATTERS. UNFINISHED BUSINESS ITEM 1. RESOLUTION NO. 79 -14 RE: RETURN OF STREET RIGHT -OF -WA AS' REDO ED IN ORB. PA E 90 EXCLUDING ...SEWER EASEMENT MAYOR THURM READ THE TITLE OF THE RESOLUTION IN FULL ENTITLED: A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO EXECUTE A QUIT CLAIM DEED TO SHUFORD MILLS, INC., CONVEYING AN EASEMENT FOR A PUBLIC HIGHWAY AND STREET OVER A PORTION OF LOTS 13 AND 14, BLOCK 9, CAPE CANAVERAL BEACH GARDENS, UNIT NO. 2, AS RECORDED IN PLAT BOOK 17, PAGE 81, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, WHICH EASEMENT WAS NEVER USED BY THE CITY; PROVIDING AN EFFECTIVE DATE. MR. MURPHY MOVED FOR ADOPTION. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MICROFILMED 4 -24 -80 NEW BUSINESS ITEM 1. ORDINANCE NO. 8 -79 AMENDING ZONING ORDINANCE RE: REMOVING NONCONFORMING USE PROVISIONS FOR EXISTING TRAILER PARKS; SECTIONS 637.73, 637.75, 637.87,3,. 37.5 , 631.01 AND ADDING SECTION PERMISSION TO ADVERTISE) MAYOR THURM READ THE TITLE OF THE ORDINANCE AS FOLLOWS: AN ORDINANCE AMENDING SECTIONS 637.47, 637.87 AND 638.07, R -3, C -1 AND C -2 ZONING DISTRICTS OF THE ZONING REGULATIONS OF THE CITY OF CAPE CANAVERAL, FLORIDA; BY AMENDING THE SPECIAL EXCEPTIONS BY ADDING "MOBILE HOME PARKS IN EXIST- ENCE ON OCTOBER 28, 1975;" REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. IT WAS POINTED OUT THAT THE TITLE OF THE ORDINANCE DID NOT INCLUDE THE SECTIONS ENUMERATED IN THE AGENDA. DISCUSSION FOLLOWED ON THE SUBJECT OF NON CONFORMING USE OF TRAILER PARKS BETWEEN COUNCIL, ATTORNEY SCOTT AND A PLANNING AND ZONING BOARD MEMBER IN ATTENDANCE. IT WAS DECIDED COUNCIL WOULD TAKE NO ACTION ON THE ORDINANCE UNTIL THE PLANNING AND ZONING BOARD REVIEWED THE SUBJECT AND SUBMITTED THEIR RECOMMENDATIONS. IT WAS DECIDED TO HOLD ACTION ON AMENDMENTS IN SECTIONS 637.73, 637.75, 637.87, 637.91, 637.51, 631.01 AND 637.92 UNTIL A LATER DATE. ITEM 2. RESOLUTION N0. 79 -1 6 RE: APPOINTMENT OF ALTERNATENEMER TO 'BOARD OF ADJUSTMENT MAYOR THURM READ LETTER FROM JAMES C. GREENE OFFERING HIS SERVICES ON THE BOARD OF ADJUSTMENT. MAYOR THURM READ THE RESOLUTION IN FULL INSERTING THE NAME OF JAMES C. GREENE WITH A TERM TO EXPIRE ON OCTOBER 1, 1980. TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. MRS. BOYD MOVED FOR ADOPTION. MR. MURPHY SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 3. ACCEPTANCE OF COMMERCIAL DEVELOPMENT BOARD FMMERTS RESIGNATION RESOLUTION N0. 79-17 APPOINTMENT OF COMMERCIAL DEVELOPMENT BOARD MEMBER MRS. RIGERMAN MOVED TO ACCEPT MRS. JOAN CALVERT'S RESIGNATION FROM THE COMMERCIAL DEVELOPMENT BOARD. MAYOR THURM SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 4 -17 -79 PAGE 2 OF 5 PAGES AND ATTACHMENT MICROFILMED 4.24 -80 MAYOR THURM EXPLAINED THAT THE CITY HAD RECEIVED A LETTER FROM DONALD GRAINGER OFFERING HIS SERVICES ON THE COMMERCIAL DEVELOPMENT BOARD. MAYOR THURM READ THE RESOLUTION IN FULL INSERTING THE NAME OF DONALD GRAINGER WITH A TERM TO EXPIRE ON SEPTEMBER 23, 1980. TITLE OF THE RESOLUTION WAS AS FOLLOWS: A RESOLUTION APPOINTING A MEMBER TO THE COMMERCIAL DEVELOPMENT B PROVIDING MRS. RIGERMAN MOVED FOR ADOPTION OF THE RESOLUTION. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. ITEM 4. MOTION: RECONSIDERATION OF COUNCIL MOTION 0 APPEAL BUILDING OFFICIAL'S 0 INIO 0 BOARD OF ADJUSTHENT RE: STRUCTURE A 4 ONROE� MAYOR THURM READ A MEMO FROM ATTORNEY SCOTT DATED APRIL 17, 1979 ON THE SUBJECT OF THE CITY'S LIABILITY FOR IMPROPERLY ISSUED BUILDING PERMITS. REFERENCED MEMO IS ATTACHED TO THESE MINUTES. MR. LEE MOVED TO WITHDRAW THE COUNCIL'S APPEAL OF THE BUILDING OFFICIAL'S OPINION TO THE BOARD OF ADJUSTMENT. MAYOR THURM SECONDED MOTION. AS A RESULT OF COUNCILMAN LEE'S AND BUILDING OFFICIAL ALLEN'S TALK WITH MR. MARLOWE, MR. ALLEN HAD SUBMITTED A MEMO DATED APRIL 16, SETTING OUT THE ITEMS THAT MR. MARLOWE HAD AGREED TO CORRECT IN ORDER TO IMPROVE THE APPEARANCE OF THE PROPERTY. AFTER DISCUSSION ON THE SUBJECT, IT WAS DECIDED TO ADD "INSTALL APPROPRIATE STAIRWAY" TO THE ITEMS ON THE LIST. FURTHER DISCUSSION ON THE STRUCTURE.BROUGHT OUT THE FACT THAT PLANS AND SPECIFICATIONS SHOULD BE ADDED TO THE PERMIT. IT WAS DECIDED TO ADD PLANS AND SPECS AS A REQUIREMENT. ATTORNEY SCOTT SUGGESTED THAT MR. ALLEN'S MEMO BE ATTACHED TO THE BUILDING PERMIT AND THAT NO FINAL CERTIFICATE OF OCCUPANCY BE ISSUED UNTIL MR. MARLOWE HAD COMPLIED WITH THESE ITEMS. MR. SCOTT ALSO STATED THAT MR. MARLOWE AND HIS ATTORNEY WALTER ROSE WOULD SIGN AGREEING TO THE ABOVE CONDITIONS. COUNCIL MINUTES 4,17, -79 PAGE 3 OF 5 PAGES AND ATTACHMENT MICROFILMED 4 -24 -80 VOTE ON THE MOTION ON THE FLOOR WAS AS FOLLOWS: IN FAVOR, MRS. BOYD, MR. LEE, MR. MURPHY AND MAYOR THURM, OPPOSED, MRS. RIGERMAN. MOTION CARRIED. ITEM 5. DISCUSSION: RESOLUTION ALLEYWAY MAYOR THURM READ A L: COUNCIL THAT HE WOULD NOT COUNCIL AGREED THAT SINCE RE UEST FOR EXTENSION OF PTO. - N VA-CATIION OF ETTER FROM MR. MARATHON INFORMING START CONSTRUCTION UNTIL NOVEMBER. THIS WAS SO FAR IN THE FUTURE THAT MR. MARATHON COULD APPLY FOR VACATION OF THE ALLEYWAY AT A LATER DATE WHEN A CONSTRUCTION DATE WAS SET, CITY MANAGER OSTROM.REQUESTED COUNCIL CONSIDER AN ADD ON ITEM TO HIRE A BUILDING OFFICIAL. MRS. RIGERMAN MOVED FOR AN ADD ON ITEM REGARDING THE HIRING OF A BUILDING OFFICIAL. MR. LEE SECONDED MOTION. MAYOR THURM-LEFT THE COUNCIL CHAMBERS AT THIS TIME. MAYOR PRO TEM MURPHY PRESIDED. AT THIS TIME THE QUESTION WAS CALLED. MOTION CARRIED UNANIMOUSLY BY COUNCIL MEMBERS PRESENT. CITY MANAGER OSTROM RECOMMENDED THE HIRING OF MR. JAY BOLTON AS THE NEW BUILDING OFFICIAL. MRS. RIGERMAN MOVED TO HIRE MR. BOLTON AS BUILDING OFFICIAL. AT THIS TIME MAYOR THURM RETURNED TO THE COUNCIL CHAMBERS. MRS. BOYD SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. IT WAS AGREED BY COUNCIL TO HAVE MR. BOLTON START HIS EMPLOYMENT WHILE THE PRESENT BUILDING OFFICIAL WAS STILL EMPLOYED TO PROVIDE SOME BACKGROUND ON THE POSITION. MAYOR THURM MOVED FOR AN ADD ON ITEM FOR THE PURPOSE OF NAMING AN ELECTED VOTING DELEGATE TO THE WATER RESOURCES COMMITTEE. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. MAYOR THURM MOVED THAT COUNCILWOMAN VERN BOYD BE NAMED THE ELECTED REPRESENTATIVE FROM THE CITY OF CAPE CANAVERAL, EFFECTIVE JUNE 20 TO THE WATER RESOURCES COMMITTEE - AND COMMITTEE BE NOTIFIED OF APPOINTMENT. MR. LEE SECONDED MOTION. MOTION CARRIED UNANIMOUSLY. COUNCIL MINUTES 4 -17 -79 PAGE 4 OF 5 PAGES AND ATTACHMENT 1 MICROFILMED 4 -24 -80 DISCUSSION MR. JIM MEEK, OWNER OF THE CANAVERAL CAB COMPANY, WAS IN ATTENDANCE AND REQUESTED COUNCIL CONSIDER GRANTING A TAXI RATE INCREASE. IT WAS DECIDED TO PLACE THIS ITEM ON THE NEXT AGENDA. IT WAS DECIDED TO PLACE ON THE AGENDA FOR NEXT WORKSHOP A PROPOSAL FROM BRILEY, WILD & ASSOCIATES FOR SERVICES TO BE PERFORMED DURING THE EXTENSION PERIOD OF THE ADOPTION OF THE COMPREHENSIVE PLAN. MAYOR THURM INFORMED COUNCIL ON THE STATUS OF THE PRE- TREATMENT ORDINANCE AND BRILEY, WILD'S REQUEST FOR PARTIAL PAYMENT FOR WORK COMPLETED ON THIS ORDINANCE. IT WAS DECIDED TO MAKE PARTIAL PAYMENT OF $1,700.00. AT 9:40 P.M. MEETING ADJOURNED. APPROVED THIS DAY OF �2OU, , 1979. R 5�1 MN, P", ' i ww -, 0 r %L1 ... /L COUNCIL MINUTES 4 -17 -79 PAGE 5 OF 5 PAGES AND ATTACHMENT u i - "A.. • _. 9 Date: April 17, 1979 To: From: Subject; 10., a MEMORANDUM City Council Cape Canaveral, Florida Richard F. Scott City Attorney MICROFILMED 4 -24 -80 City liability for improperly issued building permits This memorandum is in response to your request for my opinion regarding the potential liability of the City regarding issuance of building permits illegally. it is my opinion that in the event a permit is issued illegally by a City official, said permit may be revoked by the City at a later date, and even if the City is successful in revoking such a building permit, it may be still be liable to the applicant for all expenses which would naturally be incurred by the applicant in reliance upon said building permitt. This would be based on a negligence theory of law and has been upheld by the Florida courts. Of course, the applicant would have to prove that the City was negligent, and that he did actually, in fact, incur certain expenses. Should this proof be available to the courts, it is possible that the court could award a judgment against the City for such costs, even though the permit is subsequently revoked. Should you require any further information, please let me know. -