CITY OF COCOA BEACH, FLORIDA CITY COMMISSION MEETING MINUTES July 16, 2009

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1 A. MEETING CALLED TO ORDER Vice-Mayor Pruett called the meeting to order at 7:00 P.M. Invocation: Offered by Reverend Hamilton Diggs, Brevard World Christian Outreach Reverend Spenser Burke (phonetically spelled) offered the invocation. Pledge of Allegiance Roll Call Commission Members Present: Commissioner Don John Commissioner Ken Griffin Commissioner Skip Williams Vice-Mayor Kevin Pruett Commission Members Absent: Mayor Leon Skip Beeler Administrative Members Present: Loredana Kalaghchy, City Clerk A.J. Hutson, Assistant City Manager Robert Torres, Public Works Director Eileen Clark, Assistant Finance Director Charles Holland, Finance Director B. APPROVAL OF THE AGENDA: MOTION BY GRIFFIN/JOHN I MOVE TO APPROVE THE ORDER OF BUSINESS, AS REFLECTED ON THE AGENDA. C. SPECIAL PRESENTATIONS AND COMMITTEE REPORTS - Speakers are cordially requested to keep special presentations to a maximum of 15 minutes. 1. Recognition of the Space Coast Junior Division Little League team, the Tradewind Builders Indian s undefeated 18-0 season record and district championship victory. Vice-Mayor Pruett asked the Little League manager and coaches to share highlights about the team s season. Mr. Dinenno listed the team s accomplishments. Vice-Mayor Pruett listed the team s statistics. Coach Redwine noted that this was his third year coaching juniors and praised the team for working hard. 2. Presentation of the Cocoa Beach Citizens League books containing a 37-year history of Cocoa Beach City Government by Joseph Morgan, Former Mayor Mr. Joseph Morgan shared bound books of newsletters published by the Cocoa Beach Citizen s League. He noted that they represented 37 years of historical reporting on business conducted at City hall. He introduced past League president Bob Fritz, and noted that the current president was Adrianne Dillon. He noted that the books would be on file at the Cocoa Beach library. He reported that the League was established to promote good City

2 government. Its role, currently, was to preserve history. He suggested that when celebrating the City of Cocoa Beach s 85th anniversary, that the City holds a picnic, rather than street party. D. CITY COMMISSION REPORTS AND ANNOUNCEMENTS: Commissioner Griffin reported that: - had had just returned from a family visit - at Monday s Space Coast League of Cities, mention was made of the County Charter being revised. The League also addressed the Home Democracy efforts that would require that municipalities place Comprehensive Plan requirements on the ballot. Commissioner Williams - reported that he also attended the Space Coast League of Cities meeting. He referred to the Home Democracy efforts noting that if the ballot initiative was to pass, it should only affect the City when there are proposed changes to the Comprehensive Plan; the changes would need to be placed on the ballot for residents to vote. He reported that the League had authorized $5,000 to challenge the Home Democracy initiative. - referred to the June 18 minutes, pointing out that mention was made by the City Manager to build the fire, police and City Hall buildings on one site. He noted that such statement did not match previous discussions on where the buildings would be located. Commissioner John - complimented the efforts undertaken with the July 4th fireworks. He thanked Vice- Mayor Pruett for coordinating the event. Vice-Mayor Pruett - noted that to name all the people who helped with the fireworks, would take long. He thanked the residents for their fundraising participation. He noted that it was the first time that private individuals came forward and donated. He acknowledged the sponsors that went far and beyond. He displayed the flyer, which advertised the fireworks. He noted that the fireworks display was a joined effort with the City of Cape Canaveral and it was a community effort. He also thanked Keep Brevard Beautiful for the next day clean up of the beach and Port Canaveral for their assistance. - announced the 40th anniversary of the Apollo Mission - announced the Keep Brevard Beautiful, August 1, event held to eradicate Brazilian pepper trees. E. CONSENT AGENDA: The City Attorney read the Consent Agenda. MOTION BY GRIFFIN/JOHN I MOVE TO APPROCE THE CONSENT AGENDA. 1. Approve the June 18, 2009 Commission meeting minutes June 18, 2009 Commission Minutes 2. Resolution No A Resolution of the City Commission of the City of Cocoa Beach, Florida, executing the State of Florida Department of Transportation local agency program agreement for the Ocean Beach Boulevard improvements project; providing for an effective date Staff Representative: Robert Torres, Public Works Director Staff Recommendation: Approve Resolution Page 2 of 8

3 Staff Memo - Resolution F. SITE PLAN CONSENT AGENDA: 1. Resolution No A resolution of the City Commission of the City of Cocoa Beach, Florida, approving a common master signage plan for property known as the Holiday Inn Express transient lodging facility, located at 5575 North Atlantic Avenue, and setting conditions related to that plan; providing for incorporation of findings and recitals; and providing an effective date. Staff Representative: Anthony Caravella, AICP, Director of Development Services Staff Recommendation: Approve Resolution Staff Memo - Resolution MOTION BY JOHN/WILLIAMS I MOVE TO APPROVE I MOVE TO ADOPT RESOLUTION NO Mr. Caravella explained that the Holiday Inn Express had requested signs that would be above the second story of the building. He noted that the City Code allows for such signs, but requires approval by the City of a master signage plan. Mr. Bill Myers noted concern that the requested signs would vary from what the Code allows. He noted that several years ago, a committee, chaired by past Commissioner Nancy Huey, drafted a proposed sign ordinance; this ordinance was not adopted. He noted that he was not familiar with the sign restrictions for the SRA1A and SR520 area. His observations were that on SRA1A, whole buildings were used as a sign. He asked that the City not deviated from the sign requirements. Mr. Caravella offered to share the exhibits for the signs requested, with Mr. Myers. He explained that the law allows for signs to go above the second story. The ability for the Commission to require a signage plan, was also enabled by the law. Commissioner Griffin inquired if there were other signs in the City that were above the second story. Mr. Caravella replied in the positive, listing examples such as: the Hilton, the new Oceanside Inn and Best Western. The signs were mostly located on the hotel. He explained that the sign plan did enable the Commission to authorize the location of such signs. Such signage plans did not need to be reviewed by the Planning Board, and in some cases, they would need to go before the Board of Adjustment. At inquiry by Commissioner Griffin about the signage at the corner of SR520 and SRA1A, Mr. Caravella explained that this was authorized by the Board of Adjustment. Commissioner Griffin commented that he was not comfortable with such signs going before the Commission, and not other bodies. G. ITEMS REMOVED FROM THE CONSENT AGENDA: The item under the Site Plan Consent Agenda was discussed, and remains in the minutes, as reflected on the agenda. H. NEW BUSINESS: Page 3 of 8

4 1. Designate a voting delegate for the Florida League of Cities annual conference to be held August 13-15, 2009 Commission Representatives: City Commission Commission Decision: Appoint voting delegate MOTION BY GRIFFIN/JOHN I MOVE TO DESIGNATE MAYOR BEELER AS THE VOTING DELEGATE. 2. Approve the proposed millage rate of , which is 99.9% of the rolled back rate of mils for the FY 2010 budget Staff Representatives: Charles Holland, CGFO, (Item updated , changed mils from to ) Finance Director & Eileen Clark, CGFO, Assistant Finance Director Staff Recommendation: Approve Staff Memo- Proposed Millage Rate MOTION BY WILLIAMS/PRUETT I MOVE TO APPROVE I MOVE TO ACCEPT THE PROPOSED MILLAGE RATE OF , WHICH IS 99.9% OF THE ROLLED BACK RATE OF MILS, FOR THE FY 2010 BUDGET. Mr. Holland explained that the Staff was recommending a millage rate of this was a millage decrease, and not an increase. He reported that confusion might have been created with the Property Appraiser s misunderstanding about the preparations of the tax rolls. Mr. Holland explained that he, rather than the Property Appraiser, had to calculate the rolled back rate, thus for the last minute change to the motion, reflecting a millage rate from to mils. Vice-Mayor Pruett pointed out that the motion did not set the millage rate. Mr. Holland explained that the motion was to set a proposed millage rate, which meant that the adopted millage rate could not exceed mils, but it could be reduced. Vice-Mayor Pruett pointed out that the City would be taking in less revenue and less taxes next year. He explained that this was due to property values going down. Mr. Holland noted that his colleagues in the State were having the same problem; tax rolls have shrunk, thus the millage rate need to go up. He confirmed that the City was taking a tax decrease. Vice-Mayor Pruett pointed out that the adoption of the budget and millage rate would require two more meetings. At inquiry from Commissioner John if the millage rate was set over the rolled back rate, if it would require a Commission 4:1 vote, Mr. Holland confirmed that it would. At inquiry from Commissioner Griffin, Mr. Holland explained that the budget was prepared using the millage rate. He noted that the current rate was mils. He explained that the tax base had shrunk almost 14%, so the millage rate needs to be raised to generate the same amount. Commissioner Griffin pointed out that even with the rate increasing, it would overall lower the tax intake. He pointed that for an average tax payer, the increase in millage would be an increase in taxes. Mr. Holland pointed out that the Save Our Home cap, has a recapture provision that allows the tax of a homestead property to increase by the rate of inflation. The owners of homestead property would incur a light increase. Commissioner Griffin was of the opinion that homestead property would incur a significant increase in taxes. Mr. Holland pointed out that taxes would be lower as a whole. He pointed out that the School Board had already adopted an increase, thus taxes would go up the same, for a homestead property. Mr. Holland, explained that as a Finance Director, he had to Page 4 of 8

5 address the City s taxes as a whole. Commissioner John pointed out that what was proposed was a roll forward rate, rather than a roll back rate. Mr. Holland concurred with the observations; he noted that when the roll back definitions were adopted, it was not foreseen that property values would be decreasing. Commissioner John noted that the City had increased taxes the past 5 years, as a whole. He noted that homestead property could see an increase in taxes up to 12%. He noted that it was State requirements that regulated how the City calculated taxes to recapture the previous year s tax amount. Commissioner Williams noted that last year, the Commission voted on a millage rate that was less than the previous year. The Commission was again voting for a tax that was less than last year. He noted that the taxes collected would allow the City to run at the tax amount collected three years prior. In his opinion, the City was doing a good job with the budget. He pointed out that City Hall employees were not getting a pay increase this year. He noted that the cost of living had increased and these were tough times. He noted that the City was tightening the belt to the main level of service, and they were doing a good job. He pointed out that the bottom line was running the City on less property tax revenue, than last year. Commissioner John noted that the Staff, at the budget workshop, talked about ideas for revenue enhancement; he inquired if these ideas would be brought before the Commission, prior to adopting the budget. He noted that he wished to see what the Staff was looking at, and what funds would be generated. Mr. Holland explained that the Staff had incurred some legal implications in reference to the implementation of a citations program; this was the reason why the proposal had not been brought forward. Commissioner John noted that he would not support Staff s proposal to increase parking fines; and this revenue projection should not be included in the budget. Mr. Holland pointed out that revenue forecasts were not included in the budget, until they are adopted. Commissioner John pointed out that the revenue projections were not included in this year s budget, but they were included in future years. Mr. Holland noted that five year forecasts were difficult. He noted that a instituting a parking citation increase, was a revenue enhancers; this would be brought forward before the Commission shortly. Vice-Mayor Pruett noted that the Commission could talk about revenues with the review of the budget. He noted the need to take a second look at whether all employees will not be receiving raises; he pointed out that there was a cost of replacing employees. 3. Ordinance No Introduction and First Reading - An ordinance of the City of Cocoa Beach, Brevard County, Florida, amending the Cocoa Beach code appendix b, "the City of Cocoa Beach land development code" chapter II "definitions" by adding definitions for bodypiercing, tattooing, body-piercing salon, and tattoo studio; amending chapter III "zoning" by revising section 3-08c, permitted uses in the RM-2 multifamily professional zoning district, for the purpose of not permitting tattoo studios and body-piercing salons in a RM-2 zoning district; revising section 3-09f, prohibited uses in the CT-1 oceanfront residential and transient zoning district, for the purpose of prohibiting tattoo studios, body-piercing salons, body-piercing and tattooing in a CT-1 zoning district; revising sections 3-10e and 3-11e, special exception uses in the CN neighborhood commercial and cg general commercial zoning districts, to include as special exception uses in the CN and CG zoning districts "tattoo studios and body-piercing salons" and setting standards for such special exception uses; all for the purpose of regulating the location and placement of tattoo studios and body-piercing salons; repealing other city code provisions in conflict with revisions to the land development code; providing for incorporation of recitals, severability, interpretation, conflicts, and an effective date. Staff Representative: Anthony Caravella, AICP, Director of Development Services Page 5 of 8

6 Staff Recommendation: Approve Ordinance 1500 Staff Memo - Ordinance 1500 The City Attorney read Ordinance No by title only. MOTION BY GRIFFIN/PRUETT I MOVE TO ADOPT ORDINANCE NO ON FIRST READING. Mr. Caravella explained that this Ordinance was developed by the City Attorney s office and had been before the Planning Board at 2 meetings. He explained that the Ordinance would provide a level of regulation for body-piercing, tattooing, body-piercing salons and tattoo studios, it eliminated those uses from the RM-2 and CT districts and provided for the uses by special exceptions. He noted that the Ordinance would require two public hearings. This hearing was for introduction, and was not a public hearing. Commissioner Williams noted that he attended the Planning Board meeting and received detail on the Ordinance and heard the public comment. He inquired what would occur to any of the current tattoo studios, if they lost their lease and the businesses needed to relocate. The City Attorney noted that if the businesses decided to relocate to a new location, it would have to abide with the new regulations. Commissioner Williams noted that if the landowner knew about the distance requirements imposed by the Ordinance, it could hold the tattoo business under their thumb. The City Attorney, responded that theoretically that was correct, and pointed out that there were other locations in the City that could be used for relocation. Commissioner Williams asked to see a map of the City reflecting where such businesses could be located. It was pointed out that the same distance requirements concept was applied for the adult entertainment establishments. Vice-Mayor Pruett explained what the City was trying to accomplish with this ordinance, while taking the word "tattoo" out as a use, and adding any type of business, was to provide a degree of diversity. He reported on the voter approval to create a Community Redevelopment Agency, following a few failed attempts, with the purpose of enhancing the area with a community and residential focus. He noted that there also was tourism; both the residents and tourism can co-exist. He noted that there was a vision that the City was trying to achieve for downtown, with the help of consultants. He noted that the City was trying to avoid, with these economic times, businesses going out of business, and the effects of empty buildings. The idea was to define the vision. He stated that he wished to have tattoo and all businesses in town to be successful. He noted that residents need the businesses and viceverse. Commissioner Griffin confirmed the need for diversity, because of the Community Redevelopment Agency. He also asked for a map that reflected the location of current tattoo businesses. He pointed out that the Board of Adjustment would provide relief for where tattoo parlors can be located. Commissioner John pointed out that the City had other types of businesses that had imposed distance requirements. Vice-Mayor Pruett confirmed that the Ordinance did allow for relief, if a business was to relocate. The City Attorney confirmed that the special exception requirements. Mr. Jay Chapman noted that tattooing was an invasive procedure. In his opinion, before the question of where they are to be located is dealt with, the question on how safe they are in reference to disease should be answered. Mr. Burt Greene noted that the City does not legislate, based on personal preference. He noted that he reviewed the Ordinance and did not find any findings that tattoo parlors fall as a public threat, health issue, or any real criteria that legislates use when the City decides that Page 6 of 8

7 they should be legislated. In his opinion, this was exercising a preference to exile a business, people do not like. He inquired if the City would have a problem with a business not having a sign noting tattoo parlor, but yet continue to conduct the same business in that location. In his opinion if diversity was at the core of the Ordinance, the City would do a study of the businesses in Cocoa Beach to find out what businesses overpopulate. He asked the City to look at what they were trying to do. He noted that he has been a City resident for 42 year and did not recall a resident poll to determine what they want as an image for the City. Mr. Zakk, owner of Studio 13, noted that most of audience representing the industry was OK with the distance requirement, so long as the current businesses can be protected and are not at the mercy of a board. He noted that his business draws customers from all over the world. They were artists, more than tattooers. At inquiry from Commissioner Pruett in reference to current business protections, the City Attorney explained the distance requirements, as imposed by the Ordinance. Mr. Nick Malasto, Studio 13, noted that they were an art studio, and consider tattooing an art form. The studio does commission work and travels around the world. He noted that the studio brings creativity to the City. Mark Longenecker explained the board of health controls the body piercing industry. New tattoo laws are being introduced that would further control the industry. He noted that he was the president of the Florida Tattoo Artists Guild. He noted that safe tattooing was their goal. He addressed the 2,000 feet distance requirement, noting that when he moved to the City, he wanted to be a tattoo shop in a surf town. He did not open his business next to another shop, because of his ethics. He noted that tattooing was becoming main stream. He noted that he was in favor of the Ordinance and did not wish to see a strip of tattoo shops. He noted that he was worried that if his lease would not be renewed, that he would not be able to open the same business, as close as possible to his previous location. He noted that he also did not wish to appear before the Board of Adjustment for a special exception to relocate. Commissioner John requested that staff bring at the next meeting a list of business categories, that are required to apply for special exceptions. He also asked the City Attorney to include wording to incorporate the requests from the tattoo representatives. Mr. Fowler noted that the requests from the representatives would tend to personalize the right to relocate a business, independent of the land. He noted that he needed to think on how to deal with the requests. Commissioner Williams concurred with the request made by Commission John of the City Attorney. I. STAFF REPORTS AND ANNOUNCEMENTS: Assistant City Manager AJ Hutson reported that: - the new bus route on Minutemen Causeway would commence on July 20, at 8am, and would run every 25 minutes, with no bus service between Noon and 1pm. He noted the route and the rates that would be charged. Commissioner Williams pointed out that the rates would not be in addition to an en route bus route. - Staff was completing the rough construction of the soccer building, behind Roosevelt School. Soccer parents would be installing windows, doors and electrical service. - a tear was found in the pool liner. The Staff was of the opinion that the liner was under warranty. The pool would need to be drained to repair the tear; repairs were planned for mid- August. At inquiry by Commissioner Williams, Mr. Hutson noted that well points were located around the pool. He noted the need to look for points outside of the pool s apron, in the grassy areas, to avoid cement chipping. Commissioner Williams inquired if the drained water could be reclaimed. Mr. Hutson noted that if the pool needed to be emptied, the Page 7 of 8

8 water could go for irrigation. Commissioner Williams suggested treating the water as reuse. Commissioner Griffin noted the need to ensure that the pool did not pop up. He noted that he was hoping that the repairs could be made during the cold weather. Mr. Hutson noted that the potential of damage and warranty coverage in relation to repair timing, was being evaluated. - the Finance Department Accounting Staff would be temporarily moving into the Commission Chambers, while the floors in their offices were being replaced. - At inquiry from Commissioner John, Mr. Hutson noted that the City was doing landscaping with County-provided plants, at the stub ends off Ocean Beach Boulevard. - At inquiry from Commissioner John on the City looking into the parking tickets that were issued on Ocean Beach Boulevard, on July 4th, Mr. Hutson noted that those that were contested were refunded. He noted that the City did look into the area where the tickets were issued, and confirmed that there were no parking signs. He noted that there were parking spaces available at Shepard Park, but people took chances by parking in the no parking area. Commissioner John asked that in addition to the Eater, that the no parking requirement be waived for July 4th also. The City would bag the signs for next year s events. J. PUBLIC COMMENTS Mr. Jay Chapman noted that he appreciated the artistry of tattooing. He offered to assist in fixing a waterfall he constructed ten years prior, at Triangle Park. He stated that he had completed the forms to place this item on the agenda, and was unsuccessful due to Staff review. Mr. Bill Myers rendered his opinion on the start of the establishment a Community Redevelopment Agency (CRA.) He suggested that the Commission revisit the size of the area to be covered by the CRA. In his opinion, the area should be confined to the downtown. He also addressed non-functioning street lights. He inquired on who should be monitoring and reporting lights, which are not working. He suggested that this task be assigned to volunteer citizen patrol. He noted that when an outage is reported, it takes two weeks to get the light repaired. Referencing the item under the Site Plan Consent Agenda, Mr. Myers commented on the sign ordinance and the need for the City to conduct a review. He encouraged City officials to attend County Commissioner Chuck Nelson meetings at the library. He reported that when he asked Commissioner Nelson on plans to construct sidewalks in Cocoa Beach, Commissioner Nelson mentioned that sidewalks were planned for Cocoa Beach in He referred to the need to fix the pool s tear, suggesting that when installing a new liner, an extra foot of concrete could be poured to reduce the pool s depth. Vice-Mayor Pruett noted that the City did report light outages; there was a fundamental problem with FPL s response. At inquiry from Vice-Mayor Pruett, Mr. Hutson noted that reported overgrown plants and trees were also reported to FPL for cutting. K. CITY ATTORNEY REPORTS AND ANNOUNCEMENTS: The was no City Attorney report. L. ADJOURNMENT The meeting was adjourned at 8:57 pm. The minutes of this meeting will be approved by the City Commission on August 6, Loredana Kalaghchy, City Clerk Leon "Skip" Beeler, Commissioner - Mayor Page 8 of 8

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