HomeMy WebLinkAboutAgenda Packet 09-21-1999City of Cape Canaveral
CITY OF CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 21, 1999
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PROCLAMATIONS:
Civility Week
National Pharmacy Week
CONSIDERATIONS:
Motion to Approve: The City Council Regular Meeting Minutes for
September 7, 1999.
ORDINANCES — First Reading:
2. Motion to Adopt: Ordinance No.12-99; Veterans Day/Birthday
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING THE PERSONNEL POLICY OF THE CITY
OF CAPE CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
RESOLUTIONS:
3. Motion to Adopt: Resolution No. 99-19, Appointing Jackie Coates as an
Alternate Member, Business and Cultural Development Board
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO
THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE
105 Polk Avenue • Post Office Bos 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 • FAX (407) 799-3170 9 http://fcn.state.fl.us/cape/
Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 2
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
4. Motion to Adopt: Resolution No. 99-31, Re -appointing Members to the Board
of Adjustment. Robert Laws, Earl McMillin and Marilyn
Rigerman.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING MEMBERS AND APPOINTING
ONE REGULAR MEMBER TO THE BOARD OF ADJUSTMENT OF THE
CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
5. Motion to Adopt: Resolution No. 99-32, Re -appointing Members to the Code
Enforcement Board. Carol Warner, Donna Boone and Charles
Biederman
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
6. Motion to Adopt: Resolution No. 99-33, Re -appointing Members to the
Library Board. Geraldine Vavrek.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD
OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
7. Motion to Adopt. Resolution No. 99-34, Re -appointing Members to the
Recreation Board. John Dattilo, Marianne Kulac, Regina
Mead, and Richard Thurm, Jr.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
8. Motion to Adopt: Resolution No. 99-35, CCFVD Contract
Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 3
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY CLERK
TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR FIRE
PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE
CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL
VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN
EFFECTIVE DATE
9. Motion to Adopt: Resolution No. 99-36, Florida Recreation Development
Assistance Program, City Park
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, COMMITTING THE CITY TO AMEND ITS CAPITAL
IMPROVEMENTS PLAN AND COMPLETE CERTAIN PROJECTS IF
FUNDING IS PROVIDED BY THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM; PROVIDING AN EFFECTIVE
DATE.
DISCUSSION:
10. Redevelopment Plan Update
11. Proposed County -Wide Ordinance Regulating the Title Loan
Industry
12. Manatee Protection Plan Marina Siting Criteria
REPORTS:
12. City Manager's Report
AUDIENCE TO BE HEARD:
Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit
their comments to five (5) minutes. The City Council will not take any action under the "Audience To
Be Heard" section of the agenda. The Council may schedule such items as regular agenda items
and act upon them in the future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
Cape Canaveral City Council
Regular Meeting
September 21, 1999
Page 4
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 7, 1999
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Richard Treverton
Tony Hernandez
Burt Bruns
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Public Works Director, Edward Gardulski
Building Official, Dennis Franklin
PRESENTATIONS:
Linda Woods, Harris Sanitation present. Mayor Randels commended her for the
notice in the newspaper that garbage would be picked up on Labor Day. It did help
with public notification. Burt level of service is very good and impressed since Ms.
Woods has been onboard in regard to green waste.
FPL, Mr. Sanderson, Area Manager — Utility Pole Replacement Project
Mr. Sanderson, Tom Kunz and Chip Bauerhauers.
Mr. Sanderson explained that FPL is currently performing transmission lines
maintenance from Patrick Air Force Base to Port Canaveral and it does not require
permitting from the City. However, they inform the city as a courtesy to
accommodate any matter that might be addressed while they are performing
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 2
maintenance. He related that FPL responded immediately upon learning Council's
concern to bury transmission and distribution lines. Mr. Sanderson stated that he
met with members of Council individually to brief them on FPL's constraints and
abilities. He related the three categories of City concern:
• Bury the transmission line on the east side of A1A
• Remove the distribution line on the west side of the road to co -locate on the
east side
• Bury all lines.
Mr. Sanderson explained that an exact cost estimate would require extensive
engineering studies and costs. He related that the rough estimates were
substantially lower. (initially estimated at $ 220k versus current estimates of
$650k). FPL intends to replace conductors and wood poles that would provide
improved reliability at no cost to city or residents and the project is ready to move
forward. He related that no distribution line maintenance is scheduled for a great
time in the future. However, a credit would be given for the current work proposed
if the City chose to finance the proposed underground power lines.
Mr. Kunz related that Mr. Boucher has been very instrumental in convincing them to
make a presentation of the actual costs. He stated that another company contracts
transmission line installations. FPL would not perform the actual work. He
demonstrated some of the options available to the city.
• Bury Transmission Lines
• Move Dist and bury all distribution lines
• Cost of engineering study to bury existing transmission line in the city limits
is $100k
• Cost of installing the transmission line 1.7 miles 1.5k per foot or $13.5 million
• FPL will credit $662k if the city decides to fund the underground power lines
• Cost for distribution lines engineering along A1A from west to east is $15k
(no credit)
• Moving the distribution lines $300k estimate. Burt clarifying that it would cost
$300k to move the wires from the west side to the east side. Mr. Kunz, will
have to serve folks on the other side of the road and will require wires over
the road to reach them. So, it pretty much defeats the purpose. Buzz
clarified unless it is jack and bored.
• Bury existing distribution lines $270k
• Cost to bury existing distribution lines $30-$50 million
Further, easements would be required before they can do the work. A 5'x5'
easement are required to service each home.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 3
Chip Bauerhauser discussed the relocation poles that are proposed. Two concrete
poles will replace three wooden poles. Mr. Treverton queried if there is a more
aesthetically pleasant pole option? Mr. Bauerhauser responded that the proposed
is state of the art.
Mr. Bruns opined that he does not accept the numbers for the studies or the
installation costs. He stated that the City mandates developers to bury lines. He
was emphatic that the estimates are false and that it is irresponsible to not consider
coastal cities with disaster management criteria and no regard has been given to
the aesthetics. He disagreed with whole proposal.
Mr. Sanderson explained that the Public Service Commission requires FPL to
engineer for the least cost of providing power and safety. The reason for the
upgrade is that it will provide greater reliability. Any person or entity that requires an
upgrade of service is borne by the customer receiving the upgraded service. The
estimates are indeed estimates because the engineering studies have not been
performed.
Mr. Bruns stated that the city was never asked if an alternative was available. The
city was not notified until the plan was instituted. He emphasized that if the lines are
not planned for underground now, it will not be done in the history of the City of
Cape Canaveral. Now is the time to start, not by installing 85' concrete poles.
Mr. Petsos stated that the City has tremendous needs, however, the ability to pay
the difference is inadequate. He queried if an aesthetic concept has been
considered? Mr. Sanderson responded that the poles have to be safe for
maintenance and has not considered the trellis concept as proposed by the City
earlier or other aesthetic concepts.
Mr. Treverton queried if the cost is $13million plus $50million? If the cost were
$50million, it would cost each household $1 k each year, which would not likely be
approved.
The meeting recessed at 7:46p.m. and reconvened at 7:48p.m.
Public Works Department State Awards
Mayor Randels presented the 1999 Florida Tree City of the Year to Public Works
Director, Ed Gardulski on behalf of the Public Works Department.
Mayor Pro Tem Petsos presented the 9th Annual Urban Forestry Award for Ongoing
Programs in the Small Town Category to Mr. Gardulski on behalf of the Public
Works Department.
Mayor presented.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 4
INTERVIEW:
Jackie Coates, Business and Cultural Development Board Applicant for Alternate
Membership
City Attorney, Kohn Bennett stated that no questions were needed due to Ms.
Coates long-term service with the City, and deferred to Council. Mr. Hernandez
stated that he approached Ms. Coates with the art project concept being brought to
the City and she jumped into the project. Consensus was to appoint Ms. Coates at
the next meeting by resolution.
CONSIDERATIONS:
A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve
the City Council Regular Meeting Minutes for August 17, 1999.
The motion passed 4-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
2. (Tape 1, 2872) SSA, Storm Water Master Plan
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve
the proposed Storm Water Master Plan.
Mr. Bruns expressed concern that we do not know the pending regulations. Mr.
Pekar said that October 1, 2000 would determine if funding would be provided
for the $2million required to establish the new division of 28 employees for EPA
to take over the program. It will probably be two years before the regulations are
determined. State regulations are being added every year for water quality.
Previously, flood control was the greatest issue. However, since 1977
regulations have been instituted and now change is focused toward storm
water, or water quality. The program to take the responsibility from the EPA to
the state (FDEP) is 80% likely. After the legislative session, it should be
determined. This is an unfunded mandate for Florida. Whereas, federal grant
money is currently available.
Mr. Hernandez clarified that the storm water plan is for cleaning water from the
streets going into the river? yes. Our city has 5-7 outfalls already and a lot are
filling with silt.
Mr. John Pekar, of Stottler, Stagg and Associates explained that current borings
reveal a tremendous amount of pollutants into the river. Historically the water
was just passed into the receiving water body.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 5
Mr. Bruns stated that the City must take action to introduce a plan so that we
can request grants and other funding to institute the program. He queried if the
City is going to fund the $43,500 study, will it include running the storm water
runoff into the wastewater treatment facility? Mr. Pekar responded, yes it will
include that concept.
• The first task: is data collection and compilation;
• Second: sub-basin delineation; third: background levels will be
determined (pollution and sediment levels)
• Third: evaluation of storm water quality problems
• Fourth: commitment to maintenance;
• Fifth: hydrologic modeling and identifying the volumes and quantify
pollutants;
• Sixth: capital projects (alternative determined, such as a package plant
or storm water parks or irrigation without going through the plant.) Low
flows bring in more contaminants; therefore flows will have to be
determined. Funding sources will also be researched. Level of service
will be assessed for state owned outfalls;
• Seventh: review of funding alternatives
• Eighth: meetings throughout the development of the storm water quality
plan. Mr. Pekar clarified that the six EPA requirements will be addressed
in conjunction with the MPDS program in the study. He emphasized that
there will be a development progression starting with these six items. A
plan must be developed in order to be ready for the full mandate when it
is instituted. This study will provide for the program that will place the City
in a position of conformity in the least amount of time, expense and more
efficiently than waiting until the regulations are complete to begin the
process.
Mr. Pekar stated that this study will produce documentation and plan that would
be an investment in the storm water program. When queried about cutting the
cost of the study, he responded that if prices were reduced the level of service
would diminish. This is a very low cost study because it is field labor intensive.
He stated that it would require 40 working days to get half way — task 4 through
the study. At that stage, time lines would be determined, which will likely be at
least four months.
Mr. Bruns opined that the state highway is also a major source of pollutants, is
there a possibility of shared maintenance costs? He asked if SSA has done this
type study before? Mr. Pekar responded that they have worked for a water
management district to develop this type plan. Obviously, alternatives have to
be determined specifically for the City.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 6
Mr. Brans emphasized that a storm water fee will likely have to be assessed to
the residents and the data compiled by SSA in this study must provide
fundamental information in making that determination as well.
Mr. Hernandez requested that task 8 be reduced if possible.
Mr. Bruns explained that this is a very comprehensive study. Otherwise, City
Council would be remiss not to provide for this storm water study as compared
to the FPL underground power line situation. Discussing the matter for years
does not provide the foundation for implementing a program; it must be studied
for need, feasibility, funding and implementation.
Mayor Randels requested that the County make a presentation of what they
have done. Mr. Pekar stated that SSA developed the county plan and put in 80
percent of their storm water outfalls.
Mr. Hernandez queried about the status of the Cape Canaveral hospital
mitigation. Mayor responded that it is still unsettled because the St. Johns River
Water Management District is requiring more mitigation than they are willing to
provide.
Mr. Petsos expressed concern that final regulations are not out yet. Is there a
chance that much will change between now and when the regulations are
instituted? Mr. Pekar stated that the City should be on the leading edge of going
for grant funding. (If a study had been performed three years ago in regard to
FPL, the result might be different today.)
City Manager, Bennett Boucher expressed concern that best treatment
practices have not been determined.
Mr. Bruns stated that when finished, there must be a master plan document that
can be instituted. Mr. Pekar replied, it would be a tool to apply for grants and a
guideline for instituting the actual program, as well as providing information to
establish the basis for a possible storm water management fee. That is the
intent of the goals and the program. The resultant study document must be a
blueprint for the City's commitment to a storm water management program.
Mayor: Have reservations because briley wild did one — the other study was for
flood control. He wants a finished product. They have no regulations. John, they
have goals and concepts. The concepts will not change in this time frame.
Mr. Boucher asked if SSA has the Briley Wild study and why is new data
needed? Mr. Pekar explained that compilations would be performed from the
former study and with current sources of information without reinventing the
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 7
wheel. Mr. Boucher reiterated to make sure that the six items from the EPA
program are included. He opined that more time will be spent drafting and
adopting ordinances and instituting programs than planning the storm water
system, including education, etc. He stated that the City must focus on
prevention (develop programs for education). He stated that it appears that the
study is merely an assessment of the system. Mr. Pekar emphatically assured
Council that the six items would be included. He stated that if telling Council that
those items are included is not sufficient, the appropriate verbiage could be
incorporated into the contract. He explained that the study is not merely related
to structure; it is maintenance, education and the other issues. SSA fully intends
to coordinate with the state director who is liaison to EPA and will address their
requirements. The system would be proactive addressing the pollution and the
plan.
Mr. Petsos clarified Council's understanding that the line item for addressing the
six EPA program issues are not there, but the task is included in this $43,500
cost. Mr. Pekar confirmed that Council's understanding is correct. He related
that other cities have some good educational programs that help, but that is only
a portion of the system. The program is implemented after the projects are
recommended.
The motion passed 3-1, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mayor Pro Tem Petsos, For; and Mayor Randels, Against.
3. (2,1876)Bid #99-02, Reclaimed Water Line Extension, Phase III
Mr. Hernandez stated that the City should require no sub-contractors. On the
record, the bid package was sufficient, however, the invitation to bid was not
included.
Mayor Randels queried why the bid documents did not refer to directional
boring? Mr. Pekar stated that it was miscommunication that the invitation to bid
did not get included. He asserted that it would not happen again.
Mr. Hernandez reiterated that open cut was to be included only if there were no
directional boring bidders.
Mr. Petsos stated that the re -bid documents must be updated at no cost to the
City and the Bid Documents should go to the previous bidders at no cost to
them.
Mr. Pekar stated that he would meet with the City Manager to affirm that the bid
documents are correct. Council concurred.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 8
Mr. Petsos stated that the City Manager should not have to go behind the
engineer and the public works director, but it is necessary in this situation.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to reject all bids.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
ORDINANCES — Second Reading:
4. (Tape 1, 1929)Mayor Randels read Ordinance No. 05-99 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REPEALING SECTION 110-35297)(E) AMORTIZATION OF
NONFONCORMING USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Bruns to adopt
Ordinance No. 09-99.
No public comment.
The motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
5. (Tape 1, 2081)Mayor Randels read Ordinance No. 10-99 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING ARTICLE II OF CHAPTER 22,
COMMUNITY DEVELOPMENT, OF THE CODE OF CAPE CANAVRAL,
FLORIDA, BY PROVIDING FOR THE RENAMING OF THE COMMERCIAL
DEVELOPMENT BOARD TO THE BUSINESS AND CULTURAL
DEVELOPMENT BOARD, AND INCREASING THE SIZE OF THE BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING
FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt
Ordinance No. 10-99.
An amending motion was made by Mr. Petsos and seconded by Mr.
Hernandez: Section C. add the Brevard Cultural Alliance.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 9
The amending motion passed 5-0, with voting as follows: Mr. Treverton, For; Mr.
Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor
Randels, For.
The main motion passed 5-0, with voting as follows: Mr. Treverton, For;
Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and
Mayor Randels, For.
Mr. Treverton left at this time 8:30
RESOLUTIONS:
6. (Tape 2, 3281)Mayor Randels read Resolution No. 99-23 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, CANAVERAL,
FLORIDA, SUPPORTING A ZONE D BOAT FACILITY SITING ZONE
IDENTIFYING URBAN LOCATIONS WITH EXISTING PUBLIC MARINAS
LOCATED WITHIN INCORPORATED MUNICIPAL BOUNDARIES WITH A
MINIMUM OF TWENTY-FIVE (25) WETSLIPS, ESTABLISHING SPECIFIC
CRITERIA FOR A ZONE D BOAT FACILITY AND INLCUDING THE ZONE D
DESIGNATION IN THE BREVARD COUNTY MANATEE PROTECTION
PLAN; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt
Resolution No. 99-23.
Mr. Terry Sewell, Cocoa City Manager and Mr. Jerry Sampson, lobbyist were
present. Mr. Sampson explained that the City of Cocoa is trying to improve their
urban waterfront. Other than the zone A all areas in the county were lumped
together with no differentiation of pristine areas and developed zones. This zone
would encourage boat slips where there is already development; a manatee
education program and manatee zone and a sewage pump out facility would be
required. It is to encourage downtown either private or public marinas. The
thought is that it would preserve and give incentive to stay away from clean
areas and join already established development or already disturbed area. He
queried if the county has requested further input from each city. He encouraged
any opinion even beyond the zone d area. This is part of the County's current
Manatee Plan — Zone E.
Mr. Hernandez clarified that passing this resolution would encourage
developers to expand existing marinas, rather than building new marinas in
undisturbed areas.
Mr. Treverton stated that it sounds like it creates protectionism for the three
marinas in Titusville and Cocoa. Is there more to the rationale? Mr. Sampson,
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 10
explained that it does provide advantages to those marinas, but it is better for
the environment. These marinas are not the only advantaged areas. They were
mentioned for demonstration/illustration purposes. There are no sewage pump
out facilities or slow zones in Cocoa. It is a good environmental trade-off and a
redevelopment advantage.
Mr. Bruns asked who regulates the slow zones? Mr. Sampson responded that
each municipality could designate local enforcement through the regulatory
agencies.
Mr. Treverton asked if this zone is more restrictive? Why would a person
wanting to build a marina? Mr. Sampson this zone would not institute greater
restrictions. Other county regulations dovetail with the zone. This urban Zone D
provides special exceptions to the usual regulations. The purpose is to provide
incentive to expand current marinas than disturb pristine areas. For example,
Whitley's Marina has 900' of shoreline. As is, they could add only 9 power boat
slips or 90 sailboats. The Zone D provides for more powerboats.
Mayor Randels stated that he is in favor because it would require deep -water
channels. Mr. Sampson stated that the zones would be by request. Not
mandated.
Mr. John Pekar queried, are there any mitigation aspects if even in other areas,
such as the City's Manatee Sanctuary Park? Mr. Sampson related that he does
not think so. But, under the usual permit process, FDEP negotiates with those
submerged land agreements.
Mr. Leo Nicholas queried, this is an amendment to the manatee protection plan,
how do the manatees benefit? Mr. Sampson responded, because the areas
already disturbed would be expanded, limiting new areas; requires manatee
education; slow zones; sewage pump out provides better water for the
manatees. Mr. Nicholas related, it seems like a contradiction that the water
being cleaner would encourage the manatees while bringing in more boats. It
was clarified that the county will provide significant enforcement.
Mr. Treverton stated that he could see virtue in the proposal. Wants to support
the cities, manatees and boaters.
The motion passed 5-0, with voting as follows: Mr. Treverton, Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, for; and Mayor
Randels, For.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 11
7. Mayor Randels read Resolution No. 99-20 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, TO OFFICIALLY NAME THE FOLLOWING STREETS: SOLANA
SHORES DRIVE, VILLA DRIVE AND LAKE DRIVE.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to adopt Resolution
No. 99-20.
There was no public comment.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
8. Mayor Randels read Resolution No. 99-21 by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, ENCOURAGING
PARTICIPATION IN UPDATING AND EXPANSION OF THE SPACE
COAST LOCAL MITIGATION STRATEGY; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Resolution
No. 99-21.
There was no public comment.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
9. Mayor Randels read Resolution No. 99-22 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; RE -APPOINTING REGULAR MEMBERS TO THE
PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Resolution No.
99-22, inserting the names Beatrice McNeely and Donald Bergen.
There was no public comment.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 12
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
10. Mayor Randels read Resolution No. 99-24 by title.
A RESOLUITION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; RELATING TO THE ADOPTION OF RULES AND
PROCEDURES OF THE CITY'S BUSINESS AND CULTURAL
DEVELOPMENT BOARD; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to adopt Resolution
No. 99-21.
Mr. Petsos made an amending motion and seconded by Mr. Hernandez to add the
Brevard Cultural Alliance on page 2, section 4 (d)(4)
The amending motion passed 4-0, with voting as follows: Mr. Bruns, For;
Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels,
For.
The motion passed 4-0, with voting as follows: Mr. Bruns, For; Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
DISCUSSION:
11. Redevelopment Plan Update — postponed
12. Legislative Priorities - items to be submitted to Mr. Petsos.
Current items to be submitted are: mitigation; hazardous
walkways for children; beach work during turtle nesting season
DISCUSSION:
13. Proposal to Develop a Storm Water Master Plan
Referred to next meeting as an agenda item. Burt, we are going
to have to deal with the issue and quit putting it off. We have to
establish some kind of funding and plan. Mayor -six minimum
measures addressed by EPA? John — yes. He's attending a
workshop this Friday.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 13
Mr. Petsos made a motion and seconded by Mr. Hernandez to
extend the meeting for a maximum of 15 minutes.
REPORTS:
14. City Manager — Bennett Boucher
• Union requesting to add Veterans Day as an employee holiday. Council
consensus to exchange the Employees' Birthday for Veterans Day.
• The Business and Cultural Development Board requested to host an arts
activity in conjunction with the Patriot's Day Parade. Council concurred.
• The Business and Cultural Development Board requested to
update/modernize the city's logo. Council rejected.
• The Business and Cultural Development Board requested to develop an
ordinance requiring new establishments to contribute art or funds to place art
in public places throughout the city. Council concurred.
• P2000 grants are both scored 155, ranking has not been established. Mayor
Randels will lobby for the grants.
• Mr. Petsos reminded Council of the City Manager's annual evaluation. Mr.
Boucher is to distribute the forms and place on the next agenda.
City Clerk — Sandra Sims
• No report.
City Attorney — Kohn Bennett
• No report.
City Council Member — Richard Treverton
• No report.
City Council Member — Burt Bruns
0 No report.
Cape Canaveral City Council
Regular Meeting
September 7, 1999
Page 14
City Council Member — Tony Hernandez
• No report.
Mayor Pro Tem — Buzz Petsos
• No report.
Mayor — Rocky Randels
• No report.
There being no further business, the meeting adjourned at 10:20pm.
Rocky Randels, MAYOR
Sandra Sims, CITY CLERK
Meeting Type: Regular
Meeting Date: 09-21-99
AGENDA
Heading
Ordinances - 1st Reading
Item
No.
2
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 12-99, AMENDING PERSONNEL POLICY
DEPT./DIVISION: ADMINISTRATION
Requested Action:
That the City Council consider amending the city personnel policy to add Veterans Day as a paid holiday and
delete the employees birthday as a paid holiday.
Summary Explanation & Background:
See attached ordinance.
I recommend approval.
Exhibits Attached:
Ordinance No. 12-99
City Manager's Office
[Signature]
Department ADMINISTRATION
g:/admin/council/meeting/1999/O9-21-99/12-99. doc
ORDINANCE NO. 12-99
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, AMENDING THE PERSONNEL POLICY OF THE CITY OF CAPE
CANAVERAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
BREVARD COUNTY, FLORIDA, that:
SECTION 1. The Personnel Policy of the City of Cape Canaveral as adopted by
Ordinance No. 29-98, on October 20, 1998, is hereby amending Section 10.01 to repeal the
Employees' Birthday as a paid holiday and add Veterans Day as a paid holiday.
SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an
ordinance or resolution, in conflict herewith are repealed.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its
adoption
City of Cape Canaveral, Florida
Ordinance No. 12-99
Page 2
ADOPTED BY the City of Cape Canaveral, Florida this day of
1999.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
First Reading:
Posted:
Published:
Second Reading:
//Cape-nt/cityclerk\CityClk\Ordinances\PERSONNEL POLICY 1998.DOC
Meeting Type: Regular
Meeting Date: 09-21-99
AGENDA
Heading
Resolutions
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-19, APPOINTING AN ALTERNATE MEMBER TO THE
AND CULTURAL DEVELOPMENT BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council appoint Ms. Jacqueline Coates as an alternate member of the Business and Cultural
Development Board.
Summary Explanation & Background:
See attached resolution.
Exhibits Attached:
Resolution and Application
City Manager's Office
[Signature]
Department LEGISLATIVE
g:/admin/council/meeting/1999/09-21-99/99-19.doc
RESOLUTION NO. 99-19
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING ONE ALTERNATE MEMBER TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance
No. 17-75 created a Board known as the Commercial Development Board of the City of Cape
Canaveral, Florida and renamed by Ordinance No. 10-99 to the Business and Cultural
Development Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint one (1) alternate member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Jacqueline Coates is hereby appointed as an alternate member of the
Commercial Development Board of the City of Cape Canaveral, Florida, with a term to expire on
June 1. 2001.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21 st day of
September, 1999.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
//Cape-nt/cityclerk/CityClk/Resolutions/BOARDS/Appointments/Commercial Development alternate member.doc
PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
Applicant Name:Jacquiline P. Coates Home Telephone: 799-1954
Home Address: 5805 N. Banana River Blvd. # 1145 Cape Canaveral
Business: Retired Business Telephone:
Office Address:
Brief Description of Education and Experience:
Graduate of Washington -See H.S. Arlington, Va., Graduate of Abbott Art Institiute, Wash. DC.
Attended Towson State College, Towson, Md., Attended BCC
for courses in English Composition, Social + Political Science,
Humanities, Real Estate Appraisal, U.C.F in Time Mgmt.
Are you a registered voter? Yes X No O
Have you been a resident of the City for 12 months or longer? Yes X No O
A resident of Brevard since 1969
Do you currently hold a public office? Yes No X
Are you presently employed by the City? Yes No X
At the present time, do you serve on a City Board? Yes No X
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, other -in-
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother or half sister?
Yes No X
At the present time, do any of the following relatives of yours serve on any other City board, commission
district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes No X
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd, etc.)
Beautification Board
Board of Adjustment*
Code Enforcement Board*
(Business and Cultural)
X Commercial Development Board
Community Appearance Board*
Construction Board of Adjustment & Appeals*
Library Board
Planning and Zoning Board*
Recreation Board
*Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each
year following the initial appointment while still a member of said Board.
City of Cape Canaveral, Florida
City Board Application
Page 2
Please list what you feel are your qualifications to serve as a member on one of the City's Boards:
I previously served on the Beautification Board '92-'98,
I have always been interested in art and cultural
affairs. I think our city is in a transition phase where
we need to emphasize this in our future development.
Due to my previous service on the Beautification Board,
I feel that I have a perspective that could be useful to
this board. I also write articles for the Space Coast Press
regarding city activities.
Would you consider serving on another City Board than the one(s) you have selected on the front of this form?
Yes No X
Applicant's signature: (Signature) Date:
PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a
brief interview before the City Council at'a regularly scheduled meeting.
2. Your application will remain effective for one year from the date of completion.
3. If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
JACQUELINE P. COATES
EDUCATION: Graduate of Washington -Lee High School, Arlington, Virginia
Graduate of Abbot Art Institute, Washington, D.C.
Attended Towson State College, Towson, MD - Studied Graphics
Brevard Community College, Cocoa, FL - Obtained Credits under CLEP In
English Composition, Social and Political Science and Humanities in 1977
Florida Institute of Technology - Fundamentals of Microcomputers - May 1983
University of Central Florida - Time Management -1987
Qualified as an Information Specialist for U.S. Civil Service Commision and the
of Florida
EMPLOYMENT 9/77 to 11/23/87: Information Specialist
HISTORY: Supervisor of Space Coast Tourist Information Center at the Visitor's
Information Center, John F. Kennedy Center
This position required a thorough knowledge of Brevard County, as well as an ability to
interface with NASA, TWA and all area Chambers of Commerce. I also submitted a mor
statistical report to the Chambers of Commerce. Heavy public contact.
7/75 to 1/76: Account Executive for WRMF AM & FM Radio Station in
Titusville (now WSCF). Then owned by Fairbanks Broadcasting Corporation in
Indianapolis, Indiana. My immediate Supervisor was Bob Bright, station manager.
7/74 to 3/75: Account Executive for WSWB Channel 35 Television
Station in Orlando. Then Owned by Sun World Broadcasters. My immediate
supervisor was Warren Luckham, Sales Manager.
8/71 to 6/74: Assistant Sales Manager for WMMB AM and WYRL FM in
Melbourne. Then owned by Broadcast Enterprises. Incorporated in Ft. Lauderdale.
My immediate supervisor was Norm Keller, Station Manager.
Prior history in media work included Writing a Shopping Column for the Rome
Daily Sentinel in Rome, New York. Was Fashion Illustrator for Raleigh Haberdasher
in Washington, D.C., and Layout Artist and Copywriter for Austin American
Statesman in Austin, Texas.
CLUBS and Served as an appointed member of the Brevard County Employment and Training
COMMUNITY Council which was formerly the Brevard County Manpower Planning Council
AFFILIATIONS: of the Brevard County Commissioners for three terms. 1980 through 1983.
Member of Space Coast Public Relations Association - Objectives: Advancement
of the professional level of its members. ( p r e v i o u s)
Closely Affliated with Area Chambers of Commerce (previous)
Member of Missile, Space and Range Pioneers, Inc., an organization which
recognizes the early efforts in America's space program and encourages furtherance
space exploration. (present)
Charter member of the Cocoa Beach Boating Club - Objectives: Better utilization of
Brevard County's natural resources and waterways. (present)
Meeting Type: Regular
Meeting Date: 09-21-99
AGENDA
Heading
Resolutions
Item
No.
4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-31, REAPPOINTING MEMBERS TO THE BOARD
ADJUSTMENT
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council reappoint Mr. Laws, Mr. McMillin, and Mrs. Rigerman to the Board of Adjustment.
Summary Explanation & Background:
Terms will expire 10/1/1999.
Exhibits Attached:
Resolution No. 99-31
City Manager's Office
Department LEGISLATIVE
g:/admin/council/meeting/1999/09-21-99/99-31.doc
RESOLUTION NO. 99-31
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS AND APPOINTING ONE REGULAR
MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No.
2-83 (Zoning Code Section 110-26) provided for the creation of a Board of Adjustment of the City
of Cape Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint members and to appoint one (1) Regular Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Robert Laws is hereby re -appointed as a regular member of the Board of
Adjustment of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2002.
SECTION 2. Earl McMillin is hereby re -appointed as a regular member of the Board of
Adjustment of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2002.
SECTION 3. Marilyn RiQerman is hereby appointed as a regular member of the Board of
Adjustment of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2002
SECTION 4. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Florida this 21st day of September, 1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
//CAPE-NT/cityclerk\CityClk\Resolutions\BOARDS\Reappointments\Board of Adjustment.doc
Meeting Type: Regular
Meeting Date: 09-21-99
AGENDA REPORT
AGENDA
Heading
Resolutions
Board.
Item
No
5
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-32, REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT
BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council reappoint Mrs. Warner, Mrs. Boone and Mr. Biederman to the Code Enforcement
Board.
Summary Explanation & Background:
Terms will expire 10/1/2000.
Exhibits Attached:
Resolution No. 99-32
City Manager's Office
(Signature)
Department LEGISLATIVE
g:/admin/council/meeting/1999/09-21-99/99-32.doc
RESOLUTION NO. 99-32
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 22-83
created a Board known as the Code Enforcement Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint regular members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Carol Warner, Donna Boone and Charles Biederman are hereby reappointed to
the Code Enforcement Board in the City of Cape Canaveral with terms to expire on October 1. 2002.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of
September, 1999.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\Cape-nt\cityclerk\CityClk\Resolutions\BOARDS\Reappointments\Code Enforcement.doc
Meeting Type: Regular
Meeting Date: 09-21-99
AGENDA
Heading
Resolutions
Item
No.
6
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-33, REAPPOINTING A REGULAR MEMBER TO THE LIBRARY
BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council reappoint Mrs Vavrek to the Library Board.
Summary Explanation & Background:
Term will expire 10/1/2000.
Exhibits Attached:
Resolution No. 99-33
City Manager's Office
(Signature)
Department LEGISLATIVE
g:/admin/council/meeting/1999/09-21-99/99-33.doc
RESOLUTION NO. 99-33
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chaptor
46-26 created a Board known as the Library Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral
reappoint one (1) regular member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Geraldine Vavrek is hereby reappointed as a regular member of the Library
Board of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2001.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City of Cape Canaveral, Florida this 21st day of September, 1999.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM: Richard Treverton
Kohn Bennett, CITY ATTORNEY
G:\CityClk\Resolutions\BOARDS\REAPPT\Library.doc
Meeting Type: Regular
Meeting Date: 09-21-99
AGENDA
Heading
Resolutions
Board.
Item
7
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 99-34, REAPPOINTING MEMBERS TO THE RECREATION BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council reappoint Mr. Dattilo, Mrs. Kulac, Mrs. Mead and Mr. Thurm, Jr. to the Recreation
Board.
Summary Explanation & Background:
Terms will expire 10/1/2000.
Exhibits Attached:
Resolution No. 99-34
City Manager's Office
(Signature)
Department LEGISLATIVE
g:/admin/council/meeting/1999/09-21-99/99-34.doc
RESOLUTION NO 99-34
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION BOARD OF THE CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No.
created a Board known as the Recreation Board of the City of Cape Canaveral, Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
reappoint members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. John Dattilo, Marianne Kulac, Regina Mead, and Richard Thurm. Jr. are hereby
reappointed as members of the Recreation Board of the City of Cape Canaveral, Florida, with terms to
expire on October 1. 2001.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21 st day of
September, 1999.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
G:\CityClk\Resolutions\BOARDS\REAPPT\Recreation.doc
RESOLUTION NO. 99-35
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY
CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR
FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES
BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE
CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire
Department, Inc. have entered into that certain Contract for Services dated September
26, 1997; and
WHEREAS, said Contract contains a ten (10) year term commencing on October
1, 1997, and provides that the City and the Cape Canaveral Volunteer Fire Department,
Inc. shall renegotiate the base contract price for each contract year.
NOW, THEREFORE, be it resolved by the City Council of the City of Cape
Canaveral, Brevard County, Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to
the Contract for Services between the City of Cape Canaveral and the Cape Canaveral
Volunteer Fire Department, Inc. to provide for a revision of the base contract price for the
contract year October 1, 1999 through September 30, 2000. A copy of said Addendum is
attached hereto and made a part hereof by this reference as if fully set forth.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
City of Cape Canaveral, Florida
Resolution No. 99-35
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st
day of September, 1999.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\Cape-nt\cityclerk\CityClk\Resolutions\CONTRACT\CCVFD 98-30.DOC
ADDENDUM
THIS ADDENDUM is entered into this 21st day of September, 1999 by and
between THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and
the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida
corporation, hereinafter called the "Corporation".
WITNESSETH
WHEREAS, the City and the Corporation have entered into that certain Contract
for Services dated September 26, 1997 ("Contract"), which Contract is for a term of ten
(10) years; and
WHEREAS, said Contract requires the City and the Corporation to re -negotiate the
base contract price for each year of the Contract after the first year; and
WHEREAS, the parties have agreed to a revised Contract price for the period
October 1, 1999 through September 30, 2000.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties agree as follows:
1. Recitals. The parties agree that the above recitals are true and correct and
incorporated into the body of this Agreement by this reference.
2. Price Revision. Paragraph 12 of the Contract is amended to read as follows:
"The city agrees that in return for services specified herein, it will pay the
Corporation the base annual contract price of $335,700.00. The compensation provided
for herein shall be paid monthly in the sum of $27,975.00 per month commencing on the
first day of October 1999 and continuing on the first day of each month thereafter. The
parties shall renegotiate the base contract price for each successive year of this Contract
CCVFD Contract
1999/2000
Page 2
annually. The City further agrees that in the event of a catastrophic event, additional
funding shall be provided by the City for vehicles, equipment, and supplies, less any
disaster relief funding provided by another agency."
3. Continuing Effect. Except as modified by this Addendum, the Contract shall
remain in full force and effect.
IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, by its
duly authorized officers, has executed this instrument this 21 st day of September 1999.
CITY OF CAPE CANAVERAL, FLORIDA,
A municipal corporation
By:
Rocky Randels, Mayor
Attest:
Sandra Sims, City Clerk
(Corporate Seal)
IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER
FIRE DEPARTMENT, INC., a non-profit corporation, by its authorized officers, has
executed this instrument this 21st day of September 1999.
CAPE CANAVERAL
VOLUNTEER FIRE DEPARTMENT, INC., a non-profit
Corporation
By:
President
Attest:
Secretary
(Corporate Seal)
-2-
RESOLUTION NO. 99-36
A RESOLUTION OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA COMMITTING THE CITY
TO AMEND ITS CAPITCAL IMPROVEMENTS PLAN AND
COMPLETE CERTAIN RECREATION PROJECTS IF
FUNDING IS PROVIDED BY THE FLORIDA RECREATION
DEVELOPMENT ASSISTANCE PROGRAM; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City lacks outdoor basketball courts, softball field,
scoreboards, bleachers and fencing; and
WHEREAS, these facilities are needed to enhance the active recreation
opportunities of our citizens, especially our youth; and
WHEREAS, the City is requesting grant funds from the Florida Recreation
Development Assistance Program (FRDAP), which requires that funded projects
be specified in the City's capital improvement plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that:
SECTION 1. The City Council of the City of Cape Canaveral does hereby
commit to amending its Capital Improvements Plan to include the following
elements of the Canaveral City Park Upgrades Project: the construction of an
outdoor basketball court, softball field, scoreboards, bleachers and fencing, if
FRDAP funds are provided.
SECTION 2. The City of Cape Canaveral further commits to completing
construction of those aforementioned projects for which FRDAP funding is
provided.
SECTION 3. This resolution shall become effective immediately upon its
adoption.
City of Cape Canaveral
Resolution No. 99-36
Page 2
DONE AND RESOLVED at a special meeting of the City Council on the
21 st day of September 1999.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Richard Treverton
Sandra O. Sims, CITY CERK
APPROVED AS TO FORM:
Richard Treverton
Kohn Bennett, CITY ATTORNEY
//Cape-nt/cityclerk/CityClk\Resolutions/City Park Recreation Facility FRDAP.doc
Meeting Type: Regular
Meeting Date: 09-21-9
AGENDA
Heading
Discussion
Item
No.
8
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION; REDEVELOPMENT PLAN UPDATE
DEPT./DIVISION: COMMUNITY DEVELOPMENT
Requested Action:
That the City Council review and comment on the update of the City's Redevelopment Plan.
Summary Explanation & Background:
The Business and Cultural Development Board has been working on the update of the 1995 Redevelopment
Plan this past year and the board has submitted this document to the City Council for review and adoption.
Recommend the City Council, after review, agenda this item for adoption.
Exhibits Attached:
Redevelopment Plan
City Manager's Office
(Signature)
Department COMMUNITY DEVELOPMENT
g: /admin/council/meeting/ 1999/09-21-99/redevelopment.doc
CITY OF
CAPE CANAVERAL
REDEVELOPMENT PLAN
JULY 1999
THE CITY OF CAPE CANAVERAL REDEVELOPMENT PLAN
PREPARED BY:
BUSINESS AND CULTURAL DEVELOPMENT BOARD MEMBERS
LEONARD FOLCARELLI, CHAIRPERSON
JOVAN BARZELATTO, VICE CHAIRPERSON
BERTIE EDWARDS
CRAIG SMITH
LARRY WEBER
TECHNICAL ASSISTANCE
BENNETT C. BOUCHER, CITY MANAGER
KIM McINTIRE, BOARD SECRETARY
Table of Contents
Section 1
Mission Statement
Overall Goals
Introduction
Existing Conditions
Surrounding Conditions
Section 2
Need for Redevelopment
Redevelopment Boundary
Requirements to Declare a Redevelopment Area
Redevelopment Powers and Requirements
Section 3
Redevelopment Goals and Objectives
Economic Develop and Redevelopment
Redevelopment
Rehabilitation
Economic development
Land use controls
Administrative
Quality of life
Slum and blight reduction
Traffic circulation
Public facilities/utilities
Beautification
Environmental
Recreation
Architecture review
Art in public places
Section 4
Redevelopment Activities
Financial Mechanisms
Section 5
City and Satellite Committees
Section 6
Neighborhood Impact Statement
Amending the Redevelopment Plan
Plan Duration
Severability
Time Line for Proposed Improvements
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City of Cape Canaveral
Redevelopment Plan
SECTION 1
Mission Statement:
The mission of the City of Cape Canaveral Redevelopment Plan is to establish an economically viable
program for managed growth which will stimulate economic development and improve the quality of life in the
community and surrounding areas.
Goals:
1) Economic Stability .Continue to improve the existing business conditions by encouraging, attracting
and developing a diversity of commercial and manufacturing type enterprises.
2) Quality of Life . Improving the overall quality of life by eliminating slum and blight conditions;
improve transportation circulation, especially for pedestrian ways; and upgrading the general appearance of Ithe
subject area through city beautification and protection of the natural environment.
Introduction:
The purpose of this document is to implement the mission statement and the primary goals of the redevelopment
and to provide the City of Cape Canaveral an operable document for shaping existing and future development w
the redevelopment area. Issues inherent in the redevelopment plan include such factors as economic development
redevelopment, rehabilitation, slum and blight reduction, traffic circulation, beautification, recreation, architectural
themes and other facets of community life.
The City of Cape Canaveral is located on the Atlantic Ocean approximately 50 miles east of Orlando. The City of
Cape Canaveral itself is highly accessible, just south of the Kennedy Space Center, Port Canaveral and Cape
Canaveral Air Force Station and north of the City of Cocoa Beach. The Indian River Lagoon System or Banana River
forms the western border and the Atlantic Ocean is the eastern city boundary. Located approximately within a three
hour drive to Miami, Jacksonville or Tampa Bay, demonstrates its central location to other major metropolitan areas
in Florida. The close proximity to Port Canaveral, a deep water port which accommodates a variety of commerce
through both cargo ships as well as passenger cruise liners, provides the City with some additional opportunities. The
Kennedy Space Center, a source of national pride which symbolizes technological leadership, will provide for future
opportunities yet to be realized.
The City of Cape Canaveral is approximately 1.9 square miles in land area with 8,900 full time residents. There
seasonal population of approximately 3,000 additional
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Cape Canaveral
Street Network
Prepared by
Brevard County
Property Appraisers Office
Geographic Information Services
0.077 0 0.077 0.154 0.231 0.308 Miles
persons who primarily reside in Cape Canaveral during the winter months. The City's
economy is largely based upon activities of the Kennedy Space Center, the area's tourism
opportunities and Port Canaveral operations.
Existing Conditions
The City of Cape Canaveral relies economically upon the activities of the Kennedy Space Center
and local tourism. This reliance is evident based upon the number of existing high tech industries
both existing and vacant. Tourism thrives on the presence of the many hotels and time share
condominiums in the area. Tourism is seasonal; however, it is also related to the activities at Port
Canaveral and the Kennedy Space Center. There are increasing development opportunities at
Port Canaveral due to their continued expansion into the cruise industry as evidenced by the
arrival of the Disney cruise ships as well as other cruise lines. It is anticipated that there will be
positive spin-off activity occurring in the City of Cape Canaveral. There is some uncertainty as to
the extent or type of development that may occur as a result.
Presently, there are several large tracts of vacant undeveloped land in the north sections of the
City. In addition, there are a few vacant office type buildings along the A1A corridor. The
existing structures were built during a series of growth spurts that Cape Canaveral experienced in
the past. This has created an unidentifiable architectural style or theme. Architectural consistency
is a contributing component in creating a sense of community. The majority of the existing
commercial buildings along the A1A corridor are small shopping plazas, restaurants and offices.
Surrounding Conditions
The Kennedy Space Center and ancillary services provide most of the employment opportunities
for the Space Coast, especially for the City of Cape Canaveral. However, the employment
stability of the Kennedy Space Center has varied by year and by program. Tourism and beach
access is another vital attraction to the City of Cape Canaveral. Tourism can be very cyclical and
depend to a large extent on the health of the national economy. Port Canaveral has been
expanding their cruise line operations by providing more terminals to handle additional
passengers. The remainder of the County also thrives on the stability of the space industry and its
ability to attract tourists to the area. There is an inherent need to diversify the economy to include
industries that are not dependent on the space program, defense and tourism.
SECTION 2
Need For A Redevelopment Plan
There exists a need for economic development and redevelopment along the AIA and North
Atlantic Avenue corridors. These two corridors represent the core of the City's activity,
providing for most of the community's needs and functioning as the gateway to the entire city.
Presently, the A1A corridor has seen a resurgence of economic development; however, there are
still some areas that are in need of redevelopment. N. Atlantic Avenue has shown some
infrastructure and landscaping improvements such as pedways, but there needs to be
redevelopment activity along this corridor. In addition, the aging structures along the A1A
corridor are, in some cases, sub -standard. The overhead airspace is cluttered with exposed utility
lines, support poles, and non -conforming commercial signs. The roadsides are in the process of
being upgraded for pedestrian convenience and travel. There is an overall lack of building
continuity in terms of architecture, size, shape and appearance, which has not or does not foster a
sense of community. Of increasing concern is the worsening traffic congestion which impedes
safe and convenient travel by motorists and pedestrians. Inadequate street layout, multiple curb
cuts and numerous intersections have created several inefficient and even dangerous
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cuts and numerous intersections have created several inefficient and even dangerous
intersections. The combination of these factors has created both the perceived and real conditions
of slum and blight and also may affect the health, safety and welfare of our citizens.
Redevelopment Boundary
This redevelopment plan will be utilized to implement the goals of economic stability and
enhanced quality of life within the redevelopment area. The boundaries of the redevelopment
area are generally described as: All of A1A west to the Banana River and A1A east to the west
side of Poinsetta Avenue and to North Atlantic Avenue and includes the area east of North
Atlantic Avenue to the current C-1 zoning boundary ranging in depth of approximately 530 feet
to 175 feet, then returning to North Atlantic Avenue at the south boundary of the Villages of
Seaport Condominiums and then at the north boundary of the Villages of Seaport Condominiums
continue east to the Atlantic Ocean and then north to the north boundary of the city limits.
As stated above, the core of the city is the A1A corridor and North Atlantic Avenue. The A1A
corridor functions as the north and south gateway to the city and is the first impression for one
entering the City of Cape Canaveral. This corridor is also the major life line for goods and
services for the part and full time residents of Cape Canaveral. In a very real sense the A1A
corridor represents the pulse of the City. North Atlantic Avenue is an important transportation
corridor as well, providing additional opportunities for goods and services. While A1A handles
both local and non -local transportation, North Atlantic Avenue services primarily residents of
Cape Canaveral. North Atlantic Avenue helps to separate the single family residential areas from
the commercial activity found along A1A.
Requirements To Declare Redevelopment Area
The redevelopment area must demonstrate the presence of blighted conditions as defined by
Chapter 163.340, Florida Statutes. The statutory requirements dictate the factors which must be
considered in the analysis and determination of a redevelopment area.
1. "Slum Area" means an area in which there is a predominance of buildings or
improvements, whether residential or nonresidential, which by reason of dilapidation, age, or
obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high
density of population and overcrowding; the existence of conditions which endanger life or
property by fire or other causes; or any combination of such factors is conducive to ill health,
safety, morals, or welfare.
2. `Blighted area" means either:
(a) An area in which there are a substantial number of slum, deteriorated, or
deteriorating structures and conditions which endanger life or property
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City of Cape Canaveral
Redevelopment Boundary
Prepared by
Brevard County
Property Appraiser's Office
Geographic Information Services
June 30, 1995
by fire or other causes of the following factors which substantially impairs or arrests the sound growth of a county I'or
municipality and is a menace to the public health, safety, morals, or welfare in its present condition and use:
1) Predominance of defective or inadequate street layout:
2) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness;
3) Unsanitary or unsafe conditions;
4) Deterioration of site or other improvements;
5) Tax or special assessment delinquency exceeding the fair value of the land; and
6) Diversity of ownership of defective or unusual conditions of title which prevent ithe
free accessibility of land within the deteriorated or hazardous area; or
(b) An area in which there exists faulty or inadequate street layout; inadequate parking facilites;
or roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or
through the area, either at present or following purposed construction.
General Findings
Inadequate or Defective Street Layout
The redevelopment area contains several examples of defective street layouts. On the east side of A1A, south of the
North Atlantic Avenue intersection, there are street intersections every 250 feet. Between these intersections are
multiple and/or continuous curb cuts providing access to area businesses.
A second example of deficient roadway design is the absence of right hand turn lanes on A1A and North Atlantic
Avenue. The absence of a right on red light at the intersection of A1A and North Atlantic Avenue is of primary
concern. The lack of a right hand turn lane impedes traffic flow because traffic must first slow down to make the turn
while still in a main travel lane.
State Route A1A includes a system of open medians for left hand turns. The open median for left hand turns allows a
motorist to have a greater number of options than traffic islands. However, motorists may prematurely enter the
median lane and need to travel further down the road to make their turn. Vehicles traveling from the other direction
may also be utilizing the turn lane creating a potentially dangerous situation. There is no turn median at all froml,the
north city boundary to Imperial street causing stacking in the through lanes. (Footnote: A left turn lane extending to
the point where the proposed overhead ramp is to be located has been proposed).
High speeds are generated by persons traveling south bound on A1A into the city from the Beeline Expressway.
While speed limits signs are posted, speeding appears to be a common problem.
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The City of Cape Canaveral State Road AIA Beautification Plan as prepared by Stottler, Stagg & Associates in June,
1995, should be used as a visual guide and implementation tool for pedestrian and traffic circulation improvements.
ddition, the A1A beautification plan provides detailed landscaping ideas which should be consistent; however, to
allow for flexibility and landscaping should be considered on a case by case basis.
Many of the conclusions and concepts that were derived from the A1A beautification plan should be utilized when
considering the North Atlantic Avenue area as well.
Faulty Lot Layout
The City's Zoning Code requires minimum lot sizes of 7,500 square feet with an exception for townhouses which are
permitted on lots of 6,250 square feet. Numerous substandard lots exist within the redevelopment area. These lots are
used primarily for single family residences as non -conforming uses.
Unsafe Conditions
Unsafe conditions exist in two forms, one traffic related and the other the presence of abandoned buildings. Unsafe
traffic conditions, both for motorists and pedestrians, as cited above. In the redevelopment area, there exist a few
vacant buildings that have been this way for some time. Without proper security these buildings can attract vandals
and escalate into more serious types of crime.
Deterioration of Site
There are a few commercial office buildings along the City's main corridor which are vacant, and have been vacant
for some time. Some of these buildings are substantial in size, and have been difficult to market in the past. Most of
these buildings occupy prime locations within the city so that repair and maintenance are of prime importance to the
entire area.
Tax Delinquency
Tax Delinquency has not been identified as a major issue in this area. However, if conditions were allowed to worsen
this possibility could present itself.
Diversity of Ownership
There does exist a diversity of ownership, especially with the single family residences that are on substandard lots
Many of the commercial lots have been combined in order to meet the minimum lot requirements.
Redevelopment Powers and Requirements
The Community Redevelopment Act of 1969, Chapter 163, Part III Florida Statues, as amended, in recognition of the
need to prevent and eliminate conditions of slum and blight, confers upon counties and municipalities the authority
.nd powers necessary to carry out redevelopment activities. While many of the redevelopment powers are assigned to
the Redevelopment Board, certain other powers are retained by the jurisdictional governing body, the City of Cape
Canaveral City Council. The City Council retains:
1. The power to determine an area to be a slum or blighted area and to designate such an area as
appropriate for community redevelopment;
2. The power to grant final approval of community redevelopment plans and modification thereof;
3. The power to authorize the issuance of revenue bonds; and
4. The power to approve the acquisition, demolition, removal or disposal of property and the power to
assume the responsibility to bear loss.
Other powers made available to community redevelopment boards and/or governing bodies include, but are not
limited to the following:
1. The power to acquire by eminent domain property deemed necessary for community redevelopment;
2. The power to construct improvements necessary to carry out community redevelopment objectives;
3. The power to grant final approval to a Community Redevelopment Plan and modifications
4. The power to carry out programs of repair and rehabilitation;
5. The power to plan for and assist in the relocation of persons and businesses displaced from a
community redevelopment area;
6. The power to establish a redevelopment trust fund to receive tax increment revenues to fund
redevelopment activities; and
7. The power to issue Redevelopment Revenue Bonds for the purposes of financing redevelopment
activities.
All powers referenced above and others provided in Chapter 163, Part III, may be required to carry out the intet of
this Community Redevelopment Plan and future modifications there of.
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SECTION 3
.edevelopment Goals and Objectives
The goals of the redevelopment plan are summarized in the mission statement, to establish an economically viable
program for managed growth which will stimulate economic development and improve the quality of life in the
community and surrounding areas. The objectives are a two pronged approach to meet the goal. Increased economic
stability can be achieved by improving the existing relationship with the area businesses and subsequently
encouraging, attracting and developing a diversity of commercial and manufacturing type businesses. The second
objective is to improve the quality of life by eliminating the slum and blight conditions, and by improving the traffic
circulation system and upgrading the general appearance of the city through beautification efforts.
Economic Development and Redevelopment
The first objective would be accomplished by determining where redevelopment or reuse needs to occur. Second,
where building rehabilitation can occur. Third, what economic development strategies to embrace, and by evaluting
existing land use controls that help to direct growth and the administrative aspects of a successful redevelopment
program.
1) Redevelopment
Encourage acquisition, reuse or possibly demolition for those properties which are no longer functioning at their
highest and best use based upon either changes in market, (i.e. new technologies or consumer preferences, or by
virtue of their location, physical condition and/or surrounding conditions). When at all possible, building
preservation and conservation should be utilized to help maintain the community character.
Objectives:
1. Identify those property owners within areas designated for potential redevelopment projects and
assess their willingness to participate in those projects.
2. Encourage partnerships among property owners, the private sector, and the public sector in order to
implement proposed redevelopment projects which will achieve the redevelopment goals.
3. Facilitate redevelopment transitions by developing appropriate relocation plans as needed for those
whose properties undergo reuse or redevelopment activities.
4. Create incentives to encourage private participation in redevelopment programs.
5. Structures that meet State requirements for being a State historic structure should be preserved as
long as a reasonable economic benefit can be derived for the building preservation.
2) Rehabilitation
Buildings that exhibit minor dilapidation or deterioration or have correctable substandard construction, should be
considered for rehabilitation.
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Objectives:
1. Identify structures that exhibit minor dilapidation; or deterioration, i.e., signs that are damaged,
structures that need painting or are missing minor portions of the structure.
2. Identify structures that do not meet the present day building codes of the City. Every effort should
made to work with these property owners to assist them in bringing their structures up to code.
3. Buildings that are in relatively good physical condition and have been unoccupied, should be given
priority when pursuing new tenants.
4. A record should be prepared that documents the various amenities of the structure or site of vacant
buildings or buildings that become vacant. This information should be made available for anyone interested
in the area.
5. Publicly or privately sponsored clean-up programs should be encouraged and planned, as needed.
6. Provide incentives to encourage the rehabilitation and modernization of those buildings which are
structurally sound, but are in deteriorating condition.
3) Economic Development
Establish an economic character and future mix for a stable and vital economic core for the redevelopment area.
Objectives:
1. Establish a partnership between the public sector and private sector, including interested property
owners within the redevelopment area, for the purpose of understanding the mutual benefits of proposed
redevelopment projects.
2. Identify potential projects within the redevelopment area for both the public and private sectors
work toward their implementation.
3. Utilize selected public actions to stimulate and encourage private investment in redevelopment and
rehabilitation activities.
4. Make the redevelopment area competitive with, and independent from, other commercial corridors in
the County.
5. Create investment opportunities which will increase the tax base in the redevelopment area, thereby
assisting the redevelopment area in financing public action to support development and redevelopment.
6. Improve the economic base by providing appropriate incentives to encourage the location or
expansion of business and development in the redevelopment area.
7. Improve the investment image of the redevelopment area.
8. Encourage a diversified economic base with labor intensive employment.
9. Initiate public improvement projects which will attract and stimulate private investment, thereby
improving the economic health of the area.
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4) Land Use Controls
-Fstablish a land use pattern that reflects the redevelopment area as a total community of diversified interests and
,tivities, and promote compatibility and harmonious land-use relationships.
Objectives:
1. Work with property owners and residents to re-evaluate land use activities and the existing land use
configuration within the redevelopment area consistent with the Comprehensive Plan and Land Development
Regulations.
2. Promote partnerships between the public and private sectors, including interested property owners
for the purpose of property assemblage, financing, and the construction of projects recommended within the
redevelopment pian, as well as others deemed to have public purpose.
3. Encourage a diversity of light industrial, retail, professional service and residential developm
throughout the redevelopment area that are consistent with the adopted levels of service as defined in the
Comprehensive Plan.
4. Consider developing incentives and/or bonuses for developer proposals exhibiting desirable
development techniques and providing desired amenities.
5. Work with the appropriate community board(s) which could also provide incentives and/or bonuses
for developer proposals which could provide for enhancement of design and amenities.
6. Encourage innovation in land planning and site development techniques.
7. Encourage the consolidation of small parcels of land into parcels of adequate size to encourage new
construction and stable and consistent growth.
5) Administrative
Establish the administrative and financial mechanisms necessary to achieve the goals and objectives of the City of
Cape Canaveral Redevelopment Plan.
Objectives:
1. Prepare and adopt a redevelopment plan amendment to be implemented in accordance with the
Future Land Use Element of the Comprehensive Plan.
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2. Enable the City to oversee the planning process and to develop the appropriate funding mechanisms
necessary to implement the plan. However, subcommittees may be established to ensure representation from
all affected parties in the area.
3. Promote and maintain effective communication and a cohesive, cooperative spirit among the various
public and private leaders within the City and County.
4. Use the talents of existing civic, City and County organizations and committees to initiate desirable
review of redevelopment activities.
5. Develop and implement sound marketing and promotion strategies.
6. Provide public information concerning all aspects of the redevelopment program utilizing available
means; i.e., print and electronic media as well as neighborhood meetings.
Quality of Life
The second objective is to improve the overall quality of life by eliminating slum and blight conditions, improved
transportation circulation, especially for pedestrian ways and generate a sense of community through city
beautification.
1) Slum and Blight
Eliminate slum and blight conditions within the redevelopment area and prevent any future occurrence of slum and
blight which constitute an economic and social liability.
1. Eliminate dilapidated and unsafe structures through the application of the City's Code Enforcement
Program and provide for relocation assistance for any displaced residents and businesses when necessary.
2. Encourage the upgrading of existing substandard structures through the enforcement of the City's
Code of Ordinances and building codes as well as through financial incentives.
3. Eliminate unsanitary and unsightly outside storage conditions through the enforcement of the City's
Code of Ordinances and building codes.
4. Coordinate with the community, Planning and Zoning Board and the Local Planning Agency to
uphold a high degree of design and performance standards for the redevelopment area.
5. Create programs for development, financial, or other economic incentives in order to facilitate new
investment opportunities.
2) Traffic Circulation
reate a safe and efficient traffic and pedestrian circulation system, to provide sufficient access between activity
Inters within the redevelopment area and the balance of the community.
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Objectives:
1. Work with the Florida Department of Transportation and property owners to ensure consistency
the Traffic Circulation Element and Capital Improvement Element regarding access along SR A1A.
2. Identify means of reducing or eliminating access points along A1A through joint access and
participation.
3. Provide safe, appealing and efficient pedestrian and bike path system linking all major activity
centers, parking facilities, and residential areas.
4. Provide adequate loading and unloading space for delivering of goods with minimum disruption of
through traffic.
5. Encourage the provision of increased parking in convenient locations to accommodate new
development.
6. Minimize the impact of increased traffic circulation on residential areas.
7. Work with Port Canaveral as they prepare and implement their proposed interchange plans and other
traffic circulation improvements.
3) Public Facilities
Provide necessary public facilities at acceptable levels of service to accommodate new development proposed
the redevelopment area, consistent with the Policies of the Capital Improvements Element of the Comprehensive
Objectives:
1. Provide a sanitary sewer collection system that will serve the entire redevelopment area,
all proposed new development for the area.
2. Provide a wastewater reuse system for landscape irrigation throughout the redevelopment area.
3. Ensure that all roads, intersections, directional signs, and signalization within the area to facilitate
the highest level of service possible within the redevelopment area.
4. Provide for stormwater management system that is consistent with the St. Johns River Water
Management District and the Comprehensive Plan.
4) Beautification
Create an identifiable character for the SR A1A corridor and surrounding areas which will reflect a sense of
*mmunity and pride associated within the redevelopment area.
Objectives:
1. Provide a landscaping, streetscaping, and architectural review plan which will help to create as
identifiable theme for the SR A1A corridor.
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1 • Provide a landscaping, streetscaping, and architectural review plan which will help to create to
identifiable theme for the SR A1A corridor.
2. Require the placement of utility lines underground where it is feasible to improve visual qualities
and work towards burying all utility lines in the long term.
3• Encourage compliance with the City's sign code which will control size, type and location, and
amount of signage for the purpose of minimizing visual clutter, enchancing community character and
maximizing the flow of clear information for the motoring public.
4. Utilize a variety of beautification techniques to provide comfortable, pleasing, and healthful work,
leisure, residential, and shopping environments.
5• Encourage pedestrian and bicycle pathways through the redevelopment area, appropriately designed
and separated from auto circulation paths for safety purposes. Pedestrain pathways are positive tools to
improve the area s image and environment in conjunction with the use of landscaping and visual treatments.
5) Environment
Environmental preservation shall be required in accordance with the guidelines established in the Comprehensive
Plan and Land Development Regulations.
Objectives
1 • Maintain and comply with all Federal, State and Local requirements which are applicable to
environmental preservation.
2. Permit environmentally sensitive areas to be used to meet open space requirements, especially viable
habitat areas.
6) Recreation
Recreation opportunities should be provided within the redevelopment area.
Objectives:
1. Consider possibilities for recreation along the Banana River.
2. Encourage active recreation as part of development opportunities that can accommodate the site.
3. Encourage passive recreation as part of the open space requirements.
7) Architectural Review
A cohesive theme needs to be developed that establishes a sense of community. A theme may be developed by the
Community Appearance Board and should apply primarily or only to the redevelopment area.
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Objectives:
Conduct of hearing; approval or denial. At the designated public hearing, the Community Appearince
Board shall hear the applicant on the proposed application, and shall hear from members of the general
public in accordance with the rules and procedures adopted by the city council and the board. Durin the
public hearing, the applicant may be present in person or by counsel, and the applicant has the rigit to
present evidence in support of his position and cross examine adverse witnesses whose testimony is o red
at the hearing. The Community Appearance Board may approve, approve with conditions, or disapprove the
application only after consideration of whether the following criteria are complied with:
(1) The plans and specifications of the proposed project indicate that the setting, landscaping, ground
cover, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity are
coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cul al
character of the community.
(2) The plans for the proposed building or structure are in harmony with any future development
has been formally approved by the city within the surrounding area.
(3) The plans for the proposed building or structure are not excessively similar or dissimilar to any other
building or structure which is either fully constructed, permitted but not fully constructed, or included on the
same permit application, and facing upon the same or intersecting street within 500 feet of the proposed site,
with respect to one or more of the following features of exterior design and appearance:
a. Front or side elevations;
b. Size and arrangement of elevation facing the street, including reverse arrangement; or
c. Other significant features of design such as, but not limited to: materials, roof line and heigh or
design elements.
(4) The plans for the proposed building or structure are in harmony with the established characteof
other buildings or structures in the surrounding area with respect to architectural specifications and de ign
features deemed significant based upon commonly accepted architectural principles of the local communi
8) Art in Public Places
Art in public places should be incorporated into the overall streetscape of the redevelopment area. Art could be
acquired or donated and located in appropriate visual areas for maximum enjoyment and enhancement of the
streetscape.
Objective
1. Encourage the acquisition of art that is appropriate for the streetscape of the redevelopment
especially through private donations.
2. The City should work with the Canaveral Port Authority in its development of the
interchange on A1A.
3. Interactive art appropriate for the streetscape should also be considered.
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SECTION 4
Redevelopment Activities
-In order to implement the goals and objectives of the redevelopment plan, the following are methods of
aplementation that the City can utilize.
Land Acquisition
The City is authorized to assemble and acquire properties including the improvement thereon. This activity can occur
by offers of purchase, negotiation, dedication, condemnation or by the process of eminent domain. In the case of land
acquisition, land and improvement appraisals will be made and the value of existing commercial establishments
including their yearly earnings will be computed.
Relocation Procedures
The City accepts the responsibility to provide assistance to residents and businesses displaced as a result of the
redevelopment actions directly implemented and carried out by the City. The City shall use the Federal Department
of Housing and Urban Development standard relocation procedures be used in establishing guidelines for the
Redevelopment Program when public agencies directly implement public program projects.
Policy guidelines when the City directly implements a relocation project:
1. Provide affected residents and businesses with adequate notification to permit relocation with minimum delay or
hardship.
2. Provide affected residents with assistance as necessary to secure comparable, adequate affordable housing.
3. Provide businesses the opportunity to relocate within the Redevelopment Area, consistent with the intent of the
ievelopment Plan.
4. Provide fair and reasonable financial and other assistance to compensate residents and businesses affected by
displacement.
5. Prior to the initiation of property acquisition by the City, conduct a survey of all residents and businesses likely to
be affected by the acquisition. The survey shall identify specific relocation requirements and costs.
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Demolition
The City may, once a property is acquired in the redevelopment area, authorize demolition and clearing of
substandard structures and accessory buildings in conjunction with plan implementation.
. is also anticipated that the clearance and demolition of other facilities are to occur. These include paving of
pedestrian ways; planting of trees and other vegetation; widening and or paving of roads and other installed facilities
as part of the redevelopment program.
Property Disposition
The City is authorized to sell, lease, exchange, assign, pledge, encumber by mortgage or deed of trust or others
dispose of real property in accordance with the intent of the Redevelopment Plan and with applicable law. Disposal
by sale or lease of real property shall be at fair market value in accordance with the development proposed by the
redevelopment plan.
Property will be disposed of by competitive process whereby interested developers will submit proposals inclucding
plans and specifications, financial statements, time schedules and proposed purchase and lease rates. Selected bids
shall be required to execute binding agreements which will safeguard the provision of the redevelopment plan.
It shall be the policy of the City to strive to secure binding agreements with developers prior to expenditures by the
City for real property acquisition, relocation and site preparation.
The City shall have the right to review and approve construction plans and to refuse to approve plans found not in
conformance with applicable disposition agreements, convenants or other land development controls.
Rehabilitation
The City is authorized to repair and improve public structures under their ownership showing signs of physical or
thetic deterioration. Property owners may be assisted in securing financial assistance for such rehabilitation if
exigible and necessary.
Public Improvements
The City is authorized to make all forms of public improvements as needed, including aesthetic improvements.
Existing water, sewer, gas, electric power, street lights, telephone lines, cable TV lines and other such facilities may
be rerouted, abandoned, relocated, buried or newly provided. Utility easements, streets, sidewalks and alleys may be
constructed or vacated as needed to provide the desired access to developed parcels of property. Drainage ways,
retention areas, and curb/gutter facilities may be rerouted, abandoned or newly constructed as needed.
Bond Issuance and Loans
Bonds may have to be issued in order to finance some intended activities described above. Such bonds will
necessarily have to be secured by several sources including tax increment funds and possibly County revenues.
Grant Applications
Certain Federal and/or State grants should be pursued and applied for where appropriate for the intended projects.
The Urban Development Action Grant and the Community Development Block Grant Programs should be used, as
vell as the available programs.
17
Legal Action
The City is authorized to seek legal counsel and services as needed in contracts and agreements, bond contains,
eminent domain procedures and overall legal defenses.
FINANCIAL MECHANISMS
Financing each of the projects of the redevelopment plan will be the most important factor on the speed in which the
redevelopment plan is implemented. Some projects will be given different priorities based on need and cost. Others
will depend largely on grant acquisitions, public and private contributions, donations and sponsorship. Others
projects may be considered long term not to be found in the first few planning horizons until other projects are
completed and paid off. The following is a brief outline of some of the financial mechanisms that can be used by the
City of Cape Canaveral redevelopment activities.
Tax Increment Financing
Tax increment financing is typically the major source of funding for redevelopment projects in the State of Florida.
The provisions pursuant to Florida Statutes 163.385 allow the City Council to issue Redevelopment Revenue Bonds
to finance redevelopment projects with the security bonds based upon anticipated assessed valuation of the completed
community redevelopment. In this manner, the additional annual taxes generated within the redevelopment area
known as "tax increments" are used to finance the long term bond debt. The redevelopment agency may use bond
anticipation notes to provide funds up front until sufficient tax increment funds are available to amortize a bond
issue.
Bonds
The City, upon plan approval and Council authorization, will have the ability or power to issue bonds in order to
finance certain projects. Additionally, it may be necessary for the City to issue bonds for some of the projects,
especially those of a public improvement nature. The types of bonds that can be issued are:
eral Obligation Bonds . These are bonds which are secured by ad valorem or other taxing power of the local
government. They are underwritten by competitive negotiations and require a public referendum before issuance/
They are usually given a high rating by the rating agencies.
Revenue Bonds . These bonds are secured from the revenues generated by the projects themselves which the bonds
finance; i.e., pay parking lots, stadium, arena or other civic facility. They usually do not require a referendum and are
not underwritten competitively. Bonds sold for tax increment financing are a form of revenue bond. They are usually
secured by additional sources of funding to receive a higher rating.
Industrial Development Bonds . These are typical of revenue bonds which are issued to build a facility for a private
Corporation or entity. This facility is then leased to the corporation or private entity to pay off the bonds. The Iease
payments are usually low because of the tax exempt status.
Industrial Revenue Bonds . These bonds may be used to finance industrial, and some commercial projects. The
Primary emphasis on such projects is the creation of jobs, and as a consequence speculative venture are not normally
financed by this means. Such bonds are typically issued with repayment pledged against the revenues of the private
enterprise being funded. Industrial Revenue Bonds are tax exempt and consequently are typically three percentage
Joints below the prevailing interest rate. There is considerable review and investigation prior to their use.
ihort Term Notes . These are a form of bond, but rather than long term maturity dates, these notes usually mature in
one year or less and are used for the interim financing in several instances.
1. Tax Anticipation Notes are issued in anticipation of future tax receipts and are paid from these
receipts.
2. Revenue Anticipation Notes are issued in anticipation of other sources of future revenues (usually
18
federal and State aid or grants).
3. Bond Anticipation Notes are usually quite insecure and are issued as a means of interim financing in
anticipation of future bond offering.
4. General Obligation Notes are secured by the full backing of the City in the same way as the general
obligation bond and usually enjoy the same high security rating.
The importance of the municipal bond or note is that they are tax free to the investor.
Land Sales/Leases
Acquisitions of property and its preparation for development are powers available to the City under statutory
provisions. The resale or leasing of such land at fair market value to private developers can provide another source of
income within the redevelopment area.
Grants
Grants are the most desirable of all the funding sources to the City since such improvements can be funded without
affecting the City's general fund or share costs of such improvements limiting debt service. Some of the grant sources
available for redevelopment purposes are:
The Department of Transportation ISTFA enhancement grant whose purpose is to beautify transportation facilitie on
the State Highway System through cooperative ventures with local governments and highway beautification groups.
The AIA corridor in conjunction with the redevelopment plan could be an excellent leverage to secure such grants.
This is a matching grant requiring a 50% match and a maintenance agreement.
Community Development Block Grants (CDBG) are federal grants which can be used at the discretion of the County
revitalizing communities. It is a multi-year grant and an entitlement grant. The CDBG are administered by the
%_ilBG Advisory Council who determines the target areas for such funding. Typically these grants have been used for
primarily residential areas and the CDBG Advisory Council target the areas most in need. However, the
Redevelopment (Agency) Board should become familiar with the CDBG process and make themselves known the
CDBG Advisory Council to encourage future support.
Tourism Development Council funding comes from a three cent tourist tax (Bed Tax) and revenues are dispersed
through a competitive grant process and require a 50% match.
Historic Preservation Grants are available bi-annually from the state and usually require a 50% match on all grants.
kind services can be used by the City as part of their 50% match.
Contributions
Contributions or sponsorship by private companies, organizations and individuals are a potential source of income
Contributions could be achieved through encouraging private companies in achieving redevelopment goals without
expending redevelopment dollars; i.e. installing architectural facades on their store fronts at their cost and leisure.
Contributions could be volunteering resource for community or redevelopment events.
19
Special Assessment Districts
The City Council may wish to create special assessment districts within the redevelopment area.
An example of a special assessment that could be utilized by the City would be one to pay for
sidewalks or pedestrian ways.
Taxing and Tax Incentives
Similar to special assessments, taxing and tax incentives are more specific to a project or need;
i.e., recreation for a specific neighborhood rather than the redevelopment or city as a whole.
The majority of the expenses to be paid for projects would be paid through new construction and
eventually through taxes for improved values within the redevelopment area.
SECTION 5
City and Satellite -Committees
In order for the redevelopment plan to be implemented, there will be a need to assign and tie
together the various projects to be undertaken. There will also be a need to work with other
satellite committees that have separate functions or priorities. The City may wish to utilize the
various internal committees for the monitoring and implementation of their developments' goals
and objectives. Examples would be to use the Beautification Board to set goals to be achieved for
landscaping purposes. Another committee on Public Information could be established to keep the
public updated of upcoming projects and! or educating the public of the latest accomplishments
within the redevelopment area. The Planning and Project Management Committee would be
responsible for ensuring that the various projects were proceeding in a timely manner and in
accordance with the goals and objectives of the redevelopment plan.
Activities within the redevelopment area would require continual coordination with the Cape
Canaveral City Council which bears ultimate responsibility to the citizens of Cape Canaveral.
The City Council should provide the ultimate approval before commencing on capital
expenditures. In addition to the City Council, other boards should hold joint meetings to discuss
mutual coordination and cooperation; i.e., the Planning and Zoning Board, Local Planning
Agency, Beautification Board, Recreation Board, Community Appearance Board and Business
and Cultural Development Board.
There are other political jurisdictions that should be informed of the redevelopment activities
and/or encouraged to adopt a spirit of cooperation to maximize the benefits that can be shared in
this area. The City of Cocoa Beach, Brevard County and the Port of Canaveral should each be
notified of regular meetings and provided pertinent information of future activities. It is possible
that joint planning and/or marketing could be established for mutual benefit.
There are Federal and State agencies with which the City will need to meet early in the
redevelopment process in order to understand the goals and spur joint cooperation. An example
would be the concerns of A1A and needed improvements as viewed by the City and the Florida
Department of Transportation. The Department of Transportation may not be in agreement with
certain issues raised by the redevelopment plan and these issues need to be identified early in
order to either reach a compromise or predetermine costs of the improvements to A1A.
20
SECTION 6
Neighborhood Impact Statement
For any redevelopment project that requires property acquisition or other public involvement, an
extensive neighborhood impact statement will be prepared at that time, pursuant to Chapter
163.362, Florida Statutes.
Amending The Redevelopment Plan
The redevelopment plan may be amended at any time subject to approval and adoption
requirements by Chapter 163.361, Florida Statutes.
Plan Duration
The redevelopment provisions, controls, restrictions and covenants of the Redevelopment Plan
shall be effective for 30 years from the date of adoption.
Severability
If any provision, section or policy of the Redevelopment Plan is held to be invalid,
unconstitutional, or legally infirm, such decision shall not affect the validity of the remaining
portions of the Redevelopment Plan.
21
TIME LINE FOR PROPOSED IMPROVEMENTS
A1A CORRIDOR
Landscaping Trees
& Shrubs — West
Central to Holman
North/South City
Entry Signs
A1A & -Columbia
Drive Pedestrian
A1A & Columbia
Drive Traffic
Signal With
Pedestrian
Features
Upgrade Guard
Rail/install
Pedway — Jackson
Ave. to N. Atlantic
Ave.
Implementation of
Street Lighting
Plan — SR A1A
Synchronization of
Traffic Lights —
SR A1A
Construction of
Pedway Bridge —
SR A1A &
Installation of
Raised Curbing —
SR A1A
LONG RANGE
Utility Relocation
(Overhead Wiring
Overhead
Boom/Mast Arm
Lines
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22
Meeting Type: Regular
Meeting Date: 09-21-99
AGENDA
Heading
Discussion
Item
No.
9
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PROPOSED COUNTYWIDE ORDINANCE REGULATING THE TITLE LOAN INDUSTRY
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council review and comment on the proposed countywide ordinance.
Summary Explanation & Background:
The Brevard County Commission is seeking feedback from the city on this proposed ordinance regulating the
title loan industry.
I support this piece of legislation.
Please advise.
Exhibits Attached:
Proposed ordinance
City Manager's Office
(Signature)
Department LEGISLATIVE
g:/admin/council/meeting/1999/09-21-99/titleloan. doc
BREVARD County
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
OFFICE OF THE COUNTY ATTORNEY, 2725 Judge Fran Jamieson way. Viera. Florida 32940 (407) 833-2090
FAX (407) 833.2098
August 13, 1999
Mr. Bennett Boucher
City of Cape Canaveral Manager
Post Office Box 326
Cape Canaveral, Florida 32920-0326
Re: Adoption of a Proposed County -Wide Ordinance Regulating the Title Loan Industry
Dear Mr. Boucher:
Pursuant to a request by the City of Cocoa, the Board of County Commissioners, on August
10, 1999, directed this office to contact the Brevard Municipalities regarding the adoption of a
proposed County -wide ordinance regulating the Title Loan Industry.
Attached you will find a copy of the proposed ordinance. The Board has requested that you
review the proposed ordinance and offer comments within the next sixty (60) days. Please provide
your comments no later than October 15, 1999.
If you have any questions regarding the proposed ordinance, please contact this office.
Sincerely,
(Signature)
Kimberly E. Brautigam
Assistant County Attorney
KEB/amv
cc: The Honorable Truman G. Scarborough, Jr., Chairman
The Honorable Randy O'Brien
The Honorable Nancy Higgs
The Honorable Sue Carlson
The Honorable Helen Voltz
Scott L. Knox, County Attorney
Tom Jenkins, County Manager
Kohn Bennett, City of Cape Canaveral Attorney
C:\MyFiles/Kimberly\Letters\Title Loans\8.12.99 Itr municipalities.wpd
ORDINANCE NUMBER: 99 -
AN ORDINANCE CREATING ARTICLE III CHAPTER 26 OF
THE BREVARD COUNTY CODE ENTITLED "MOTOR VEHICLE
LOANS" IN ORDER TO REGULATE THE MOTOR VEHICLE TITLE
LOAN BUSINESS IN BREVARD COUNTY; PROVIDING
DEFINITIONS; PROVIDING CONDITIONS FOR ENGAGING IN
MOTOR VEHICLE TITLE LOAN TRANSACTIONS; PROVIDING FOR
MAXIMUM INTEREST RATES, TRANSACTION SATISFACTION AND
DEFAULT; PROVIDING FOR VIOLATIONS, PENALTIES AND
ENFORCEMENT; PROVIDING FOR A TRANSITION PERIOD;
PROVIDING FOR AN AREA EMBRACED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, in 1995, the Florida legislature amended Chapter 538, Florida Statutes, to
allow secondhand dealers to engage in motor vehicle title loans.
WHEREAS, as a result of this legislation, consumers have been subjected to an interest
rate of 264% on motor vehicle title loan transactions.
WHEREAS, the Board of County Commissioners of Brevard County, Florida finds that
the proliferation of motor vehicle title loan businesses in Brevard County, with their ability to
charge excessive rates of interest for title loans, their refusal to allow partial or prepayments of
principal and the lack of accountability to borrowers in the disposal of collateral constitutes a
great threat to the health, safety and welfare of the residents of Brevard County.
WHEREAS, the risk of financial devastation faces potentially every customer of motor
vehicle title loan businesses in Brevard County as a result of (1) the great likelihood of persons
of limited means to repay their title loans with interest within the first thirty (30) days of a title
loan; (2) the charging of excessive rates of interest thereby making default likely; and (3) the
likelihood of repossession of a borrower's automobile and the associated failure of current
Florida law to require an accounting as to the disposition of the automobile or its proceeds.
WHEREAS, as a result of the potential for financial ruin of certain of the residents of
Brevard County who secure motor vehicle title loans, the citizens of Brevard County are in need
of greater consumer protection from motor vehicle title loan transactions than are provided for in
Chapter 538, Part 1, Florida Statutes.
WHEREAS, Section 538.17, Florida Statues, permits political subdivisions of the State
of Florida to enact laws more restrictive than the provisions of Chapter 538, Part I, Florida
Statutes.
WHEREAS, the Board of County Commissioners of Brevard County, Florida, deems it
necessary to adopt regulations governing the motor vehicle title loan industry in Brevard County
which are stricter than those provided for in Chapter 538, Part I, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA:
THERE IS HEREBY ADDED TO CHAPTER 26 OF THE CODE OF
ORDINANCES, COUNTY OF BREVARD, THE FOLLOWING ARTICLE III:
Section 1. A new section in the Brevard County Code is hereby created to read as follows:
Definitions.
The following words, terms and phrases, when used in this article shall have the following
meanings:
Title Loan Agreement. A written agreement whereby a title loan lender agrees to make
a loan of a specific sum of money to a borrower and the borrower agrees to give the title loan
lender a security interest in an unencumbered motor vehicle certificate of title owned by the
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borrower.
Title Loan. A loan of money secured by a bailment of certificate of title to a motor
vehicle.
Title Loan Lender. Any person, corporation, company, association, firm, partnership,
society, or joint stock company who is engaged in the business of making title loans or engaging
in title loan agreements with borrowers, and includes, but is not limited to, second-hand dealers
as defined in Chapter 538, Florida Statutes, as may be amended from time to time.
Motor Vehicle. An automobile, motorcycle, truck, trailer, semitrailer, truck tractor and
semitrailer combination, or any other vehicle operated on roads used to transport persons or
property, and propelled by power other than muscular power. The term does not include traction
engines, road rollers, such vehicles as run only upon a track, bicycles, or mopeds.
Section 2. A new section in the Brevard County Code, is hereby created to read as follows:
Conditions for engaging in motor vehicle title loan transactions.
(a) A title loan lender may engage in a title loan transaction only if the following conditions are
met:
(1) The title loan lender maintains physical possession of the motor vehicle
certificate of title.
(2) The borrower maintains possession of, or control over, the motor vehicle
throughout the term of the loan.
motor vehicle.
(3) The borrower is not required to pay rent or any other charge for the use of the
(4) The title loan lender delivers to the borrower, at the time the loan is made, a
written title loan agreement that contains, at a minimum, the following information:
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(A) The make, model and year of the motor vehicle to which the loan
relates;
(B) The vehicle identification number, or other comparable identification
number, along with the license plate number, if applicable, of the motor vehicle to which the
loan relates;
(C) The name, address, date of birth, physical description and social
security number of the borrower;
(D) The date of the transaction;
(E) The identification number and the type of identification, including the
issuing agency, accepted from the borrower;
(F) The amount of money advanced, designated as the "amount
financed";
(G) The maturity date of the title loan agreement which shall be thirty
(30) days after the date the title loan agreement is executed by the title loan lender and the
borrower;
(H) The total title loan charge payable on the maturity date, designated as
the "finance charge";
(I) The total amount, amount financed plus finance charge, which must
be paid to redeem the loan property on the maturity date, designated as the "total amount of all
payments";
(J) The annual percentage rate, computed in accordance with the
regulations adopted by the Federal Reserve Board pursuant to the Federal Truth -in -Lending Act;
(K) The name and address of the title loan office;
-4-
(L) A statement printed in not less than fourteen (14) point, bold type that
says:
(I) Your vehicle has been pledged as security for this loan and if
you do not repay this loan in full by (insert due date) including the interest accrued (finance
charge), then YOU WILL LOSE YOUR VEHICLE.
(ii) You are encouraged to repay this loan at the end of the thirty
(30) day period. The lender is not required to extend or renew your loan and may then repossess
your vehicle if you do not repay the loan and the accrued interest. It is important that you plan
your finances so that you can repay this loan as soon as possible.
(iii) THIS LOAN HAS A VERY HIGH INTEREST RATE. DO
NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO
BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN TWO AND ONE
HALF PERCENT (2 1/2%) PER MONTH OR AN ANNUAL PERCENTAGE RATE OF
LOWER THAN THIRTY PERCENT (30%).
(M) A statement that "The borrower represents and warrants that the
motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it,
the borrower has the right to enter into the transaction, and the borrower will not attempt to sell
the motor vehicle or apply for a duplicate certificate of title while the title loan agreement is in
effect;"
(N) Immediately above the signature of the borrower, a statement that
says, "I, the borrower, declare that the information I have provided is true and correct and I have
read and understand the foregoing document."
(0) A blank line for the signature of the borrower.
-5-
(5) The title loan lender displays in a prominent place in the title loan premises, a
sign no smaller than three feet (3') by five feet (5") with the following message written in letters
no less than three inches (3) high:
IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED
AS SECURITY FOR THE LOAN. I F YOU DO NOT REPAY THIS LOAN IN
FULL, INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR
VEHICLE.
THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE
A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO
BORROW MONEY FROM ANOTHER SOURCE AT AN INTEREST RATE
LOWER THAN .08219 PERCENT PER DAY, 2.5 PERCENT PER MONTH,
OR AN ANNUAL PERCENTAGE RATE OF 30 PERCENT.
Section 3. A new section in the Brevard County Code is hereby created to read as
follows:
Maximum Interest Rate, Prepayment, Amount of Loan.
(a) A title loan leader may not charge an interest rate in excess of .08219 percent per
day, or 2.5 percent per thirty (30) day period that the title loan agreement remains outstanding
and unsatisfied. In determining compliance with the minimum interest and finance charges, the
computation must be simple interest and not add-on interest or any other interest computation.
(b) If the title loan agreement has not been satisfied within three hundred sixty (360)
days, a title loan lender may not charge an interest rate in excess of eighteen percent (18%) per
annum for the time the title loan agreement remains outstanding and unsatisfied beyond three
hundred sixty (360) days regardless of whether the loan is in default.
(c) The annual percentage rate that may be charged in a motor vehicle title loan may
equal, but not exceed, the annual percentage rate that must be computed and disclosed as
-6-
required by the Federal Truth -in -Lending Act and Regulation Z of the Board of Governors of the
Federal Reserve System. When the period for which the charge is computed is more or less than
one (1) month, the minimum rate for the period must be computed on a basis of one -thirtieth
(1/30) the applicable monthly interest rate, multiplied by the number of days of the period.
(d) Any transaction involving a borrower's delivery of a motor vehicle certificate of title
in exchange for the advancement of funds on the condition that the borrower shall or may
redeem or repurchase the certificate of title upon the payment of a sum of money, whether the
transaction be characterized as a "buy -sell agreement," "sale -lease back agreement," or
otherwise, shall be deemed a violation of this ordinance if such sum exceeds the amount that a
title loan lender may collect in a title loan agreement under this ordinance, or if the terms of the
transaction otherwise conflict with the permitted terms and conditions of a title loan agreement
under this Ordinance.
(e) Charges, including interest, in excess of the combined total of all charges permitted
by this Ordinance are prohibited and are unlawful.
(f) Prepayment or advance payment (partial or total) by the borrower of principal shall
be allowed without penalty after all accrued finance charges have been paid.
(g) The maximum amount of any Motor Vehicle Title Loan secured by a single
certificate of title may not exceed one third (1/3) of wholesale value of the pledged automobile
as determined by the most current edition of the Southeastern Edition of the National
Automobile Dealers Association Official Used Car Guide.
Section 4. A new section in the Brevard County Code is hereby created to read as
follows:
Transaction Satisfaction and Default.
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(a) When the title loan has been paid in full, the title loan lender must deliver to the
borrower a certificate of title clear of all encumbrances placed upon the title by the title loan
lender within thirty (30) days of such payment in full.
(b) A title loan lender who engages in title loan transactions may take possession of the
motor vehicle upon the borrower's default under the title loan agreement following the time
guidelines of Section 538.16, Florida Statutes. Unless the borrower voluntarily surrenders the
motor vehicle, the title loan lender may only take possession of a motor vehicle through an agent
licensed by the State of Florida to repossess motor vehicles.
(c) A title loan lender who takes possession of a motor vehicle pursuant to this section
shall comply with the applicable requirements of Chapter 679, Part V, Florida Statutes.
(d) Disposition of the motor vehicle may be by public or private proceedings and may be
made by way of one (1) or more contracts. Sale or other disposition may be as a unit or in parts
and at any time and on any terms, but every aspect of the disposition including the method,
manner, time, place and terms including, but not limited to, surplus of the debt must be
commercially reasonable and conducted in compliance with Chapter 679, Part V, Florida
Statutes, which includes, among other method of requirement, borrower notification
requirements as to manner, method of sale as well as an accounting to the borrower of any
surplus from the sale.
(e) Following repossession, but prior to disposition of the motor vehicle by sale, the
borrower shall have the right to redeem the motor vehicle by payment of the full amount due as
of the date of tender of the redemption offer plus the reasonable costs of repossession. The title
loan lender shall return the motor vehicle immediately and release the certificate of title with all
of the title lender's liens on the property released within thirty (30) days of the payment of the
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full amount due.
(f) Every title loan lender shall maintain, at the location at which the title loan was
made, all books, accounts, records, receipts for expenses, each contract signed by a borrower, all
other documents associated with each title loans transaction and any other documents necessary
to determine the title loan lender's compliance with this Ordinance for a period of two (2) years
from the date the loan was satisfied
(g) Each title loan lender shall designate and maintain an agent in this state for service
of process.
(h) No part of this Ordinance may be construed to impair or affect the obligation of any
title loan agreement which was lawfully entered into prior to the effective date of this ordinance.
Section 5. A new section in the Brevard County Code is hereby created to read as
follows:
Violations, penalties and enforcement.
(a) The following acts shall constitute violations of this Ordinance:
(1) Failing to comply with any provisions of this Ordinance;
(2) Failing to comply with any applicable provision of Chapter 538, Florida
Statutes, to the extent not pre-empted by a provision of this Ordinance, or Chapter 679, Part V,
Florida Statutes, as it may be amended from time to time;
(3) Committing any act of fraud, misrepresentation, deceit or gross negligence
regardless of reliance by or to a borrower, or any illegal activity in a connection with a title loan;
(4) Fraudulently misrepresenting, circumvention, or concealment of any matter
required to be stated or furnished to a borrower pursuant to this Ordinance;
(5) Willful imposition of illegal charges on any title loan transaction;
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(6) Engaging in false, deceptive, or misleading advertising;
(7) Failure to maintain, preserve and keep available for examination all books,
accounts, or other documents required by this Ordinance or State or Federal law;
(8) Aiding, abetting or conspiring with an individual to circumvent or violate any
of the requirements of this Ordinance or State or Federal law regulating title loan lenders;
lender;
(9) Engaging in criminal conduct in the course of a business as a title loan
(10) Knowingly entering into a title loan agreement with a person under the age
of eighteen (18) years;
(11) Making any agreement requiring or allowing for the personal liability of a
pledge or the waiver of any of the provisions of this Ordinance or Chapter 679, Part V, Florida
Statutes;
(12) Knowingly entering into a title loan agreement with any person who is
under the influence of drugs or alcohol when such condition is visible or apparent, or with any
person using a name other than his or her own name or the registered name of his or her
business;
(13) Entering into a title loan agreement in which the amount of money
advanced in consideration for the loan secured by any single certificate of title exceeds one-third
(1/3) of the wholesale value of the motor vehicle. The wholesale value of any motor vehicle
shall be determined by reference to the most current edition available of the Southeastern
Edition of the National Automobile Dealer's Association Official Used Car Guide;
(14) Failing to exercise reasonable care in the safekeeping of the certificate of
title;
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(15) Failing to return the certificate of title or motor vehicle taken into
possession but prior to its disposal under Chapter 679, Part V, Florida Statutes, to a borrower,
with any and all of the title lender's liens on the property released within thirty (30) days of the
payment of the full amount due, unless the property has been seized or impounded by an
authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by
court order;
(16) Charging or receiving any finance charge, interest, cost or fee which is not
permitted by this Ordinance;
(17) Refusing to accept, partial repayment of the principal amount financed
when all accrued finance charges have been paid;
(18) Charging a prepayment penalty;
(19) Capitalizing any unpaid finance charge as part of the amount financed in the
renewal of a title loan agreement which would cause the new principal amount to exceed one
third (1/3) of the value of the motor vehicle; and
(20) Assigning or transferring a motor vehicle title loan agreement to another
person or entity.
Section 6. A new section in the Brevard County Code is hereby created to read as
follows:
Enforcement and Penalties.
(a) Any violation of this Ordinance may be punished as provided in Section 125.69,
Florida Statutes, with a fine not to exceed $500.00 or by imprisonment in the Brevard County
Correctional Facility for a period not to exceed sixty (60) days, or by both said fine and
imprisonment.
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(b) In addition, Brevard County may bring a civil action in any court of competent
jurisdiction to enforce or administer this ordinance including, but not limited to, seeking a
temporary or permanent injunction or appointment of a receiver when it has reasonable cause to
believe that a title loan lender is operating in violation of this ordinance. Brevard County shall
be entitled to any award of costs and reasonable attorney's fees, including appellate fees and
costs, in an action successfully enforcing the terms of this ordinance.
(c) A recipient/borrower of, a title loan transaction may bring a civil action against a title
loan lender violating the provisions of this Ordinance in a court of competent jurisdiction of
Brevard County. Upon adverse adjudication, the defendant shall forfeit the entire interest so
charged or contracted to be charged and shall be liable to the borrower for two (2) times the
original loan amount, together with court cost and attorney's fees incurred by the borrower. If
the court finds that the suit fails to raise a justiciable issue of law or fact, the defendant shall be
entitled to an award of court costs and reasonable attorney's fees incurred by the defendant.
Section 7. A new section in the Brevard County Code is hereby created to read as
follows:
Transition period.
Each title loan lender legally operating on the effective date of this Ordinance shall have
until , 1999, to comply with the provisions of this Ordinance.
Section 8. A new section in the Brevard County Code is hereby created to read as
follows:
Area Embraced.
This ordinance shall be effective in all municipalities and in the unincorporated areas of
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Brevard County.
Section 9. Codification. It is the intention of the Board of County Commissioners that
the provisions of this Ordinance shall become and be made a part of the Brevard County Code
and the word "Ordinance" may be changed to "Section," "Article," or other appropriate word or
phase and that the sections of this Ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Sections 8, 9, and 10 shall not be codified.
Section 10. Severability. If any provision of this Ordinance or the application thereof
to any person or circumstance is held invalid, it is the intent of the Board of County
Commissioners that the invalidity shall not affect other provisions or applications of this
Ordinance which can be given effect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared severable.
Section 11. Effective Date. This Ordinance shall take effect upon filing a copy of this
Ordinance with the Department of State by the Clerk of the Board of County Commissioners.
ENACTED this day of ,1999.
ATTEST:
SANDY CRAWFORD
Clerk of Court
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
By:
TRUMAN G. SCARBOROUGH, JR.
Chairman
As approved by the Board on
-13-
Meeting Type: Regular
Meeting Date: 09-21-99
AGENDA
Heading
Discussion
Item
No.
10
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: MANATEE PROTECTION PLAN MARINA SITING CRITERIA
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council review and comment on the marina siting section of the Manatee Protection Plan as
requested by the Brevard County Board of County Commissioners.
Summary Explanation & Background:
The Board of County Commissioners has requested that the City consider one of the following:
1. Endorse the 1997 draft Manatee Protection Plan (MPP).
2. Recommend deleting marina siting from the (MPP).
3. Endorse one of the other marina siting proposals attached (we supported Cocoa's).
4. Provide our own criteria for marine facility siting.
Please advise.
Exhibits Attached:
08-23-99 County Correspondence/City Comp Plan Policy CM -3.1
City Manager's Office
(Signature)
Department LEGISLATIVE
g: /admin/council/meeting/ 1999/09-21-99/manatee. utoc
BREVARD County
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
OFFICE OF NATURAL RESOURCES MANAGEMENT
!725 Judge Fran Jamieson Way, Bldg. A,Viera, FL 32940
Telephone: (407) 633-2016
Sun Com: 366-2029
FAX: (407) 633-2029
Monday, August 23, 1999
Mayor Rocky Randels
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: Manatee Protection Plan Marina Siting Criteria
Dear Mayor Randels:
The Brevard County Board of County Commissioners held a workshop on August 19 to
discuss the 1997 draft Manatee Protection Plan (MPP). During this workshop, the Board
requested new written comments from municipalities regarding Boat Facility Siting
(Section C, pages 8-17).
The Board requests input based on the enclosed materials. These materials include pages
8-17 of the 1997 draft MPP and all written comments relevant to Marina Siting received
by the Board to date. (Comments on marina siting were received from the cities of
Cocoa, Titusville, and Cocoa Beach, Save the Manatee Club, US Fish and Wildlife, and
Citizens for Florida Waterways.) Based on these materials, the Board stated that the
cities could endorse the 1997 draft MPP, recommend deleting marina siting from the
County's MPP, endorse one of the other marina siting proposals enclosed, or provide the
Board with their own criteria for marine facility siting.
Please provide your comments to the County's Natural Resources Management Office
(NRMO) within 60 days. NRMO will consolidate all comments into a single document
for the Board to consider during a future MPP Workshop. Once this workshop is
scheduled, all the municipalities will be notified of the data and time, and invited to
participate
Please submit any recommended changed to the 1997 MPP in strikethrough and underline
format (with deletions stricken through and additions underlined). For this purpose,
copies of the MPP text are available via the NRMO web site at:
http://205.153.144.2/management/manatee/mmanatee.htm
PRINTED ON RECYCLED PAPER
Scroll down the web page and select mpp_draft_5_97.pdf to receive the text in Adobe
Acrobat .pdf format, or call Brevard County's NRMO and request a copy of the text in
Microsoft Word '97 format on a 31/2 diskette.
Should you have questions concerning this matter, please contact Virginia Barker or
Conrad White at Brevard County's NRMO at 633-2016.
Sincerely,
(Signature)
Truman G. Scarborough, Jr.
Chairman
Chairman, Brevard County Board of County Commissioners
CC: City Manager
BREVARD COUNTY
MANATEE PROTECTION PLAN
Approved by :
The Brevard County Board of County Commissioners
May 21, 1997
C. BOAT FACILITYSITING
1. DEFINITIONS
For the purpose of this Manatee Protection Plan, the following definitions shall apply:
Marina (general): All boating facilities with >_ 3 wet and/or dry slips (consistent w/current County definition).
A Marina is a facility or structure which provides mooring, docking, anchorage, fueling repairs, launching or
other related services for watercraR Private boat docks associated with single family dwellings are exempt
from this category.
• Residential Marina - Community docks serving subdivisions, condominiums, duplexes or other
multi -family developments with between and including three (3) and thirty (30) slips. No fueling, ;
or repair facilities shall be associated with these marinas.
• Commercial/Recreational Marina - Facilities with greater than thirty (30) slips, or those facilities
with less than thirty slips which have fueling facilities, and/or which include utilities and services
available for the general public, or facilities which provide docking for vessels of private, non-
residential usage and which are not associated with a subdivision, condominium, duplex or other
multi -family development Permitted uses may include dockage, fueling facilities, repairs, utilities,
custom recreational boat building and wastewater pump -out facilities, commercial sales and
handling of fish and farmed/harvested seafood, along with similar services.
• Industrial Marina - FaciIities serving largely commercial interests, including commercial boat
building, ship repairs or construction, and commercial seafood harvesting and processing. Permitted
uses may include fueling facilities, repairs and construction, boat production, ship repairs up to 100
feet or 100 tons, wastewater pump -out facilities, utilities, and commercial sales of fish and
farmed/harvested seafood.
Existing linear shoreline: For the purpose of the Brevard County Manatee Protection Plan, the high water line
in tidally -influenced areas and the ordinary high water line along waterways that are not tidally influenced.
This definition shall not apply to shoreline artificially created through dredge or fill activities (such as boat
basins or canals) after January 01, 1996. Such artificially -created shoreline created after January 01, 1996 shall
not be considered in the calculation of linear shoreline. Artificially -created shoreline that was created prior to
January 01, 1996 must have received the proper authorization permitting required at the time of construction.
Man-made drainage ditches (such as mosquito control, flood control ditches or any non -navigable waterway)
shall not qualify as linear shoreline, regardless of their date of construction. Linear shoreline shall be calculated
using survey quality aerial photographs or by accurate field survey. The calculation of linear shoreline is based
upon contiguous shoreline that is owned or legally controlled by the applicant Exception to include non-
contiguous shoreline within the sphere of influence of the proposed project will be considered if the federal,
state, and local permitting agencies agree that inclusion of that shoreline will not result in significant adverse
impacts to manatee or manatee habitat
Existing Boating Facilities: For the purpose of the Brevard County Manatee protection Plan, existing boating
facilities shall be defined as those facilities which have all active and required permits or those facilities that
were in operation up to ten (10) years prior to the date of the final adoption of the Plan (_/ /96). All existing
boating facilities shall be allowed to continue with the existing use and may renovate according to permitting
guidelines, provided there is no change in facility size, including no increase in the number of wet or dry slips,
unless the facility meets the expansion criteria as provided in the Brevard County Manatee Protection Plan.
Boating facilities are generally defined as those structures or operations where boats are moored or launched,
such as a dock(excluding single-family), ), pier, marina, dry storage facility with launching capability, or a boat
ramp, which is contiguous to the waters of the state of Florida. For the purpose of this plan, boating facility
shall be synonymous with "marina facility".
% Seagrass Coverage: Seagrass coverage shall be determined on a project site during the months of May
through October. The percent coverage of seagrass is determined by counting short shoots in a one square
8
FIGURE 2. BOAT FACILITY SITING ZONES
SITING ZONE A
IM SITING ZONE B
® SITING ZONE C
O SITING ZONE D
(All Other Areas)
10
C DEVELOPMENT GUIDELINESIAECOMMENDATIONS
Dredeing
I. The creation of new navigation canals or expansion (widening and/or deepening) of existing
ditches, drainage right-of-ways, drainage easements and storm water facilities connected to the
Indian River Lagoon to accommodate boat traffic shall be prohibited unless it is the public
interest, as defined on page 5 of the Glossary, and does not adversely impact water quality or
natural habitat, or unless the activity is an approved maintenance dredging on existing public
navigational channels and public canals, or an existing marina's maintenance g dredgin or where
the deepening or widening may enhance the environment for the manatee (Would require a
modification to Existing policy 3.8, Brevard County Comp Plan, Conservation Element; and
Brevard County LDR, Division 3, Surface Water Protection Ordinance, Section 62-3666, (S)).
2. Dredging shall not be permitted in or connected to Class R Waters, OFW's Aquatic Preserves,
areas that contain ten t 10% sea grass or more, and conditionally approved shellfishing
waters unless the activity is a federal navigation project, in the best public interest, such as
approved maintenance dredging of existing public or private navigational channels, or where
dredging may improve water quality by removing accumulated silt or improving circulation, or
for maintenance of existing structures and utility structures and utility crossings, or for shoreline
hardening as allowed by this division. (Modification of Existing policy to include seagrass,
Brevard County LDR, Brevard County LDR, Division 3, Surface Water Protection Ordinance,
Section 62-3666, (S); F.S. 163.3202(2)(F); Environmentally Sensitive Lands FIS, 163.3202(2);
F. S. 373.403 et seq., Management and Storage of Surface Waters; and F. S. 403.91 Warren S.
Henderson Wetlands Protection Act of 1984).
3. All dredging activities must be done with effective turbidity controls. Where turbidity screens or
similar devices are used, they should be secured and regularly monitored to avoid manatee
entrapment (Existing Polity, Brevard CountyComp PlmM Conservation Element: Policy 2.3,
(b)&(c), and expansion to include provisions to protect manatees from entrapment).
Seagrass
I. Designated boat docking areas shall not be located over seagrasses. (Existing Policy FDEP
Permitting Requirements for Piers, 17-312.420(2)(e), F.A.0 and 17-312.430, F.A.C. Would
require new policy to expand application to include all facilities with 3 or more slips. Presently
the rule limits facilities with three (3) to nine (9) slips from having mooring areas over seagrass if
water depths are five (5) feet or less, and prohibits facilities with 10 or more slips from having
mooring areas over seagrass at any depth).
2. Covered boat slips, covered walkways, or covered terminal platforms shall not be permitted in
areas containing seagrass. (Would require new policy).
3. Boat docks using open mesh grating and pilings made from recycled materials (plastic/wood
composites for example) are preferred to pressure treated wood. Any materials or permitted
construction techniques proven to allow a minimum of 75% light transmittance may be exempt
from remaining design criteria 4 and 5 below in this subsection (Seagrass, subsection B, numbers
2-6 - Would require new policy).
4. For Residential Marinas, main access docks and connecting or cross walks shall not exceed six (6)
feet in width; (Existing policy in aquatic preserves, Chapter 18-20 5)(c)5.-7., F.A.0 ., and would
require new policy to expand rule from Aquatic Preserves only to all seagrass areas).
12
D. POWERBOAT -TO SHORELINE RATIOS
Boat Facility Siting Zone A:
In Boat Facility Siting Zone A, powerboat siting ratios shall be limited to one powerboat slip per 100 feet
contiguous linear shoreline that is owned or legally controlled by the applicant, as applied to all new a
expanding boating facilities. Boat facilities in Zone A may qualify for a variance under Section E, Variar
Criteria. Also, the establishment of new boating research, design, development or manufacturing facilit
whose operations include on -water testing of motorized watercraft, are prohibited from locating in uplar
within Boat Facility Siting Zone A.
Boat Facility Siting Zone B (Canaveral Barge Canal):
In Boat Facility Siting Zone B along the Barge Canal (as defined), powerboat siting ratios shall be limited to a
1:100 powerboat -to -shoreline ratio (tied to a parcel's deed). Any boat facility which desires to exceed the
1:100 powerboat -to -shoreline ratio must acquire additional development rights from other properties which
have linear shoreline parallel to the Canaveral Barge Canal and adjoin the Port Canaveral control easement.
Any development rights transferred must be recorded on both the selling and receiving parcels deeds.
Boat Facility Siting Zone C (Port Canaveral Harbor):
In Boat Facility Siting Zone C , there shall be no powerboat -to -shoreline restrictions within the Canaveral
Harbor provided current slow speed regulations remain in effect.
Boat Facility Siting Zone D:
In Boat Facility Siting Zone D, the following table illustrates the powerboat -to -shoreline ratios per 100 feet of
contiguous linear shoreline owned or controlled :
# Manatee
Habitat Features
Existing Facility
New Facility
0
Unrestricted
10:100
1
10:100
9:100
2
9:100
7:100
3
7:100
4:100
4
4:100
1:100
5
1:100
1:100
Manatee Habitat Feature Summary: (See detailed Manatee Habitat Features definitions above
- to be determined using map series and map update schedule specified in Appendix (10).
Limiting Features: (Each increases # Habitat Features by 1)
Manatee Abundance
5 or more manatees observed/overflight within 5 mile radius
Manatee Mortality
# watercraft mortalities within 5 mile radius / total # watercraft
mortalities in Brevard (>0.03 is significant)
Manatee Fresh water, Calving,
Cavorting, Feeding, Resting Area
Within 1/2 mile (From Table 1 and Figurel 2a-1 2c).
Seagrass
5 % or more present on the project site is significant
Class II, OFW, or Aquatic Preserves
Site is located in one of these designated areas
Offsetting Features: (Each decreases # Habitat Features by 1)
Speed Zone Site is located within a year-round "Slow Speed" or "Idle Speed'
Zone
Within 2 miles of an inlet Site is located within 2 mile radius of the S.R. 401 bridge at
Port Canaveral or Sebastian Inlet
14
3. BOAT RAMPS
A discussion and analysis of existing boats ramps is provided in greater detail in Appendix 8. Those
which are currently experiencing periodic overcrowding, or which are in need of repair are identified.
Two areas in the County were identified as deficient in public boat launching facilities. These areas include
the southern portion of the County's mainland, generally south of and including Palm Bay, and the County's
south barrier island, south of the Town of Indialantic. Both of these sites are located in manatee planning
zone #6, and are n-ther.discussed in Appendix 8.
The growing population on the County's south mainland is increasing the need for boat launching facialities
this area. Presently there are few public boat launching facilities in this area. The existing facilities are
Periodically overcrowded. Combined, these factors indicate the need for improvements to existing public
boat ramps, and the potential establishment of new boat ramps in this area.
The County's barrier island south of the Town of Indialantic on the east shore of the Indian River also has
few available boat launching facilities. The lack of available public boat launching sites in this area suggests
a need to establish a new facility. However, the shallow shoreline, rapid silting characteristics and lack of
suitable public waterfront property in this area have made past efforts to establish an additional boat ramp
unsuccessful.
All proposed boat ramps for unincorporated areas of Brevard County shall be brought before the Board of
County Commissioners for their review. Proposed new boat ramps or the expansion of existing boat ramps
shall be limited as follows:
Boat Facility Siting Zone A:
All sites to be considered for a public or private boat ramp shall be evaluated for site suitability prior to
development, utilizing the criteria included in this plan under Section II, C, 1 (Definitions); and Section II, C,
2 (B.and C) with the exception of the following numbered criteria in Section Il, C, 2 (Marinas) subsection C:
Seagrass (criterion 4), Manatee Related Best Management Practices (criterion 1), Water Quality (criterion 1),
and Upland Issues (criterion 2).
Boat Facility Siting Zone B (Barge Canal):
New or expanded boat ramps on the Barge Canal which are associated with a marina and which are to be
used solely by the tenants of that marina for the launching of boats stored at that marina shall not be limited
by the powerboat ratios established for the Barge Canal. For the establishment of a new public or private
boat ramp for public use the requirements for construction shall be the same as the requirements for
development of a new marina or the expansion of an existing marina in excess of 1:100, as described in
paragraph II D, Boat Facility Siting Zone B.
Boat Facility Siting Zone C (Port Canaveral Harbor):
It is recommended that new or expanded boat ramp facilities to be located in the Port Canaveral Harbor
unrestricted.
16
meter (Im2)plot frame that has been evenly subdivided into one hundred square cells. The plot is placed every
five meters (5m) along a minimum of three (3) transect lines perpendicular to the shoreline and extending to the
end of the project site. The transect lines are to be evenly spaced along the project site shoreline with one
transect located at the middle of the site and one at each end of the project site. Transects shall be no greater
than fifty meters (50m) apart. If the project site is greater than one hundred meters (100m) in width, additional
transects shall be added at a rate of one for every fifty meters (50m) of shoreline. If ten of the sample plot
frames contain ten percent (10%) or more seagrass, then the final coverage for the site is greater than or equal
to ten percent (10%). The project site is defined as that area within which boats will be docked. If the project
site and the shoreline are not contiguous then the first plot frame shall be placed at the intersection of the
project site and the transect line.
Powerboat: Any vessel which is primarily propelled or powered by an internal combustion engine and which
is used or is capable of being used as a means of navigation or transportation on water. Sailboats with auxiliary
engines are not considered powerboats for the purpose of this plan.
Boat Facility Siting Zones (Figure 2):
• Zone A -The Banana River basin south to Mathers Bridge, the Sykes Creek/Newfound Harbor basin
north to the Lambert Drive bridge; that portion of the Indian River Lagoon between the NASA
Causeway and the S.R. 528 Causeway; Mullet Creek (Sections 26, 35 &36 of Township 29, Range
38); and that portion of the following tributaries lying west of the existing railroad bridges: St.
Sebastian River, Turkey Creek, Crane Creek, and the Eau Gallie River.
• Zone B -The Canaveral Barge Canal from the west shoreline of Merritt Island to the east shoreline of
Merritt Island.
• Zone C - The Port Canaveral Harbor lying east of the S.R. 401 Bridge.
• Zone D - The remainder of the County not under federal jurisdiction and not included in boat facility
siting zones A, B or C.
Manatee Habitat Features: The following manatee habitat features are to be applied in Boat Facility Planning
Zone D and shall be determined using the map series and data update schedule identified in Appendix 10.
A. Each of the following increases the number of habitat features by 1.
1. Seagrass - 5% or more seagrass present on the proposed project site is considered significant.
2. Manatee Abundance - five (5) or more observationsloverflight within a 5 mile radius of the site. If
more than one survey falls within the 5 mile radius, the number of manatees observed will be
counted for each survey, divided by the number of overflights and then the normalized values will
be summed
3. Significant Manatee Mortality - the number of watercraft mortality within a 5 mile radius, divided
by the total number of watercraft mortalities in Brevard County, A value of 0.03 or larger is
considered significant.
4. Manatee Freshwater Source/Calving/Cavorting/Feeding/Resting Area. Within 112 mile. The
locations (except freshwater sources) are identified in Table 1 for the present time. Manatee
freshwater sources are identified in Figures 12a -12c.
5. The proposed site is in a Class U Waterbody, Outstanding Florida Waterway (OFW), or an
Aquatic Preserve.
B. Each of the following reduces the number of habitat features by 1.
1. The proposed site is presently located in a year-round "slow speed " or "idle speed" manatee
zone as authorized by the Florida Manatee Sanctuary Act Ch. 62N-22 F.A.C., other Federal
designation or local ordinance.
2. The proposed site is within 2 miles of the Port Canaveral Harbor (S.R. 401 bridge) or the Sebastian
Inlet.
9
2. MARINAS
All proposed marina siting projects in unincorporated areas of Brevard County shall come before the Board
of County Commissioners for their review.
A. COUNTY PERMITTED USES
It is recommended that the current zoning regulations be changed to allow residential marinas as a permitted
use, subject to the boat facility siting criteria established in Sections B, C, and D below, in all of the current
conditional use zoning classification for residential/recreational marinas, except Recreational Vehicle Park
(RVP) and Government Managed Lands (GML).
B. PRELIMINARY ASSESSMENT CRITERIA
The following listed criteria are recommended as the preliminary test of suitability for boat facility siting.
Water Depth
1. Water depth at the proposed mooring area of the site shall be at least four (4) feet mean low water.
(Existing policy FDEP 17-312-420(2)(a), F.A.C. Permitting Requirements for Piers, would require
new county policy).
2. Water depth at the site must be adequate for the proposed vessel use such that there be a minimum
of one foot clearance between the deepest draft of the vessel (including the engine) and the bottom
at mean low water. (Existing policy FDEP Chapter 18-20 S, c, (4). Aquatic Preserves; would
require expansion of the policy to areas outside of Aquatic Preserves).
3. Proposed boat facilities in areas that contain seagrass shall not be approved unless water depth at the
site's turning basin, access channel, and other such areas which will accommodate the proposed
vessel use in order to insure that a minimum of one (1) foot clearance is provided between the
deepest draft of the vessel (including the engine) and the top of the resources at mean low water.
(Existing Policy Chapter 18-20(5)(b)8, and (c)4., F.A.0 would require expansion from Aquatic
Preserves to all areas containing seagrass).
Seagrass
1. Marinas shall not be located in areas containing 10% or more seagrass. (Expansion of Existing
Policy Brevard County Comprehensive Plan, Coastal Management Element, Objective 2, Policy
2.3).
11
5. Access piers should be located and designed to minimize their shadowing impact on seagrass.
6. Reasonable alteration to these criteria maybe authorized to accommodate persons with
disabilities. (Existing policy in aquatic preserves, Chapter 18-20 (5)(c) 5.-7., F.A.C., and would
require new policy to expand rule from Aquatic Preserves only to all seagrass areas).
Manatee Related Best Management Practices for Marinas
1. All existing and new marinas shall erect manatee education and awareness signs which will be
posted and maintained in a prominent location. (Existing Policy 14.8, A and C, Brevard County
Comp Plan, Coastal Management Element with deletion of speed zone signs on access channels).
2. Dock designs shall not entrap manatees or otherwise prevent them from accessing forage areas
(Would require new policy).
3. Docks with exposed reinforcement structures on floating docks shall be prohibited due to their
potential to entrap or entangle manatees in the structure itself or in the marine debris that
commonly occurs in these areas. (Would require new policy).
Water Quality
1. Marinas shall be located in areas with good flushing and circulation. (Existingpolicy 5.4 J,
Brevard County Comp Plan, Coastal Management Element).
2. New seawalls or bulkheads should be prohibited along the Indian River Lagoon except as
provided in Ordinance 91-37 or when the project would improve the water quality by acting as a
Swale and reducing the amount of pollutants which would enter the Indian River Lagoon where
the placement of a seawall does not disturb existing native vegetation, prohibit the
reestablishment of native vegetation, or where the reestablishment of native vegetation is not
viable. (See Appendix 4). (Would require modification of Existing Brevard County LDR, Division
3, Surface Water Protection Ordinance 91-37).
3. All facilities shall adhere to the provisions for surface water protection per the guidelines set forth
in Brevard County Ordinance 91-37. The provisions for a shoreline protection buffer established
in the ordinance include the following (See Appendix 4). (Existing policy 3.8, Brevard County
Comp Plan; Conservation Element, and Brevard County LDR, Division 3, Surface Water
Protection Ordinance, Section 62-3666, (5)).
> Class I waters - 200 foot buffer
> Class II waters - 50 foot buffer
> Class III waters - 25 foot buffer
> On lots with unarmored shorelines the waterward extent of the buffer is the mean
high water lime. On bulkheaded lots, the waterward extension of the buffer is
established by the bulkhead line. A maximum width of 25 feet or 20% (whichever is
greater) may be cleared for access.
Upland Issues
1. The proposed site shall be compatible with existing land use. (Will require new policy).
2. Uplands at the site shall be greater than or equal to one acre. (Existing policy 5.4, Brevard County
Comp Plan. Coastal Management Element, Brevard County LDR Subdivision III, Section 62-
1937).
13
E. VARIANCE CRITERIA
It is recommended that a variance may be given to the powerboat -to -shoreline ratio for those existing marina
and boat launching facilities subject to the I powerboat slip to 100 feet of owned contiguous shoreline
restriction (1:100), provided the facility meets all the variance criteria listed below and can demonstrate that it
will not have an adverse impact on manatees. If an existing facility meets all of the variance criteria, it may be
permitted to increase the powerboat -to -shoreline ratio by 1:100 if the waters in and adjacent to the channels
leading to the facility are designated "slow speed" or "idle speed" year-round as authorized by the Florida
Manatee Sanctuary Act Ch. 62N-22,- F.A.C. or other federal regulations or local ordinances, or if the facility is
within 2 miles of the Port Canaveral Harbor (S.R 401 bridge) or the Sebastian Inlet. The facility may be
allowed to increase the powerboat -to -shoreline ratio by 2:100 if both are applicable. In no case shall the
maximum total buildout of 3 powerboat slips per 100 feet of owned contiguous shoreline (3:100) be exceeded.
However, adherence to these criteria does not automatically ensure the applicant's ability to exceed the
allowable powerboat restrictions as defined above. The plan restrictions will remain in effect, if at the time of
review, additional information about manatees or the proposed facility indicates threats not addressed by these
criteria. Consideration can be given for additional site-specific factors or operating practices (e.g. seasonal
operation, etc.) that may be proposed by either the applicant or the County, that may result in improved
conditions for manatees or manatee protection. Nothing in this section shall exempt any marina from obtaining
the usual required permits and/or authority from all applicable reviewing agencies with proper jurisdictional
authority. The criteria are:
1. The facility is not located within a manatee aggregation area (using the Manatee Abundance Habitat
Feature as defined on page 7 and Appendix 10), in a manatee travel corridor (as identified in Table
1, page 53), or other area where sensitive manatee activities occur.
2. The facility must provide net benefit to manatees and/or their habitat. For example, facilities may
include a manatee "refuge" space as part of the design, a conservation easement, restoration of j
adjacent wetlands such as mangrove or seagrass restoration to increase the net coverage of the
nearby area, reduced nutrient input to receiving waters, requiring prop guards on any high traffic
vessels such as water taxis or dive boats or rental boats, etc. The marina construction and subsequent
uses will neither destroy nor negatively impact mangrove and benthic (seagrass, hard bottom, etc.)
communities and the water quality.
3. The facility must have sufficient water depth, as defined in Section B, Preliminary Assessment
Criteria on page 9, in the marina basin and in any access channel, and does not require any new
dredging or filling that would degrade shallow water habitat (this may exclude maintenance
dredging, or pile installation). Entrance/exit channels near marinas shall be adequately marked if
marina repairs or expansion are proposed.
4. The site shall contain appropriate signage (including vessel speed and manatee information signs),
and provide educational material advising boaters of essential manatee habitats in the vicinity.
5. Multi -family residential docking facilities will require that all vessels moored at the site be registered
to individuals residing at the site.
6. The marina has adequate water circulation, tidal flushing, and meets State of Florida and local water
quality standards.
7. Before expanding and exceeding the allowable powerboat slips defined above, an existing facility
must demonstrate not less than 85% occupancy over the previous 2 years of operation. New
facilities should be able to demonstrate the need for additional boat slips in the vicinity based on
occupancy of existing marina slips within the boater sphere of influence. The boaters sphere of
influence shall be a five (5) mile radius.
15
Boat Facility Siting Zone D:
All sites to be considered for a public a ramp shall be evaluated for site suitability prior to acquisition and
development, utilizing the criteria included in this plan under Marinas subsection B and subsection C with the
exception of the following criteria : Seagrass (criterion 4), Manatee Related Best Management Practices
(criterionl), Water Quality (criterion 1), and Upland Issues (criterion 2). The area of the south Indian River
Lagoon, including the south beaches areas and the mainland areas in the vicinity of Palm Bay, should have a
high priority for boat ramp siting due to the deficiency of public boat ramps and a large population base.
SITE SPECIFIC RECOMMENDATION:
The following sites were recommended individually and are exempted from the boat ramp siting criteria
above:
1. It is recommended that the Florida Department of Environmental Protection develop a boat ramp on
the Barge Canal.
A MANATEE PROTECTION BOAT SPEED ZONES
It is recommended that the Florida Department of Environmental Protection adopt the following new manatee
protection boat speed zones or modifications to existing boat speed zones. Water areas not specifically
recommended for a change in regulation are to remain as they are presently regulated.
In addition, it is recommended that FDEP investigate the implementation of all boat speed zones on a seasonal basis
where appropriate.
A) New Speed Zones:
L Slow Speed Zone -Indian River(NASA Cswy. - SR 528)
A "Slow Speed" zone is proposed for the eastern shore of the Indian River Lagoon that includes: all
waters 1500 feet from the eastern shoreline of the Indian River from the S.R. 405 (NASA Causeway)
southerly to the southern boundary of the existing Rinkers Canal "Slow Speed" zone (1500 feet south
and west of Rinkers Canal (Figure 3).
RATIONALE:
Justification for the establishment of a manatee protection boat speed zone in this area includes:
presence of both the warm water refugia along the western shoreline, one (1) watercraft -related
mortality (UCF9112) within the bounds of the proposed zone, extensive manatee abundance data
indicating heavy use of this area, the ,presence of critical SAV areas within the proposed zone, and
increasing pressure on the area from shellfishing, aquaculture commercial activities, and upland!
development. The boundaries of the proposed "Slow Speed" zone encompass the average distance,
approximately 6 miles (10km) (Bengtson, 1983), a manatee will travel for forage during cold weather
periods. The only significant SAV areas left for the manatees to forage on in this basin are located
along the eastern shoreline. These SAV areas have declined drastically in recent years (a minimum of
60% since 1955), and the pressures exerted on the basin are increasing (expansion of shellfishing
approved zones, rapid population growth on north Merritt Island and Port St. John).
17
Policy CM-2.3:
The City shall maintain and enforce its Stormwater Management Ordinance in an effort
to maintain or reduce the current level of stormwater runoff.
Objective CM-3:
The City shall maintain criteria and/or standards for prioritizing shoreline uses, giving
priority to water -dependent uses, particularly those consistent with existing shoreline
uses. The measurement of this Objective is the development and adoption of such
criteria and/or standards.
Policy CM-3.1:
The City shall establish priorities for shoreline uses, providing for siting of water- !f
dependent and water -related uses; establish performance standards for shoreline
development; and establish criteria for marina siting which address: land use
compatibility, availability of upland support services, existing protective status or
ownership, hurricane contingency planning, protection of water quality, water depth,
environmental disruptions and mitigation actions, availability for public use, and
economic need and feasibility.
Policy CM-3.2:
The City shall review, update (if necessary) and enforce hazard mitigation regulations
relating to building practices; floodplain use; beach and dune alteration; stormwater
management; sanitary sewer and septic tanks; and land use; and the City shall adopt the
recommendations of the hazard mitigation annex of the local peacetime emergency plan
and applicable existing interagency hazard mitigation reports—all with the underlying
rationale of reducing the exposure of human life and property to natural hazards.
Objective CM-4:
The City shall develop measures for protection of beaches and dunes, establish
construction standards which minimize the impacts of man-made structures on beach
and dune systems, and work toward restoration of altered beaches and dunes. The
measurement of this Objective is the development of such measures and the extent to
which beaches and dunes are protected and/or restored and the development of
standards to minimize the impacts of man-made structures on the beach and dune
systems plus the degree to which the following Policies are implemented.
Policy CM-4.1:
The City shall closely monitor beachfront development to insure to the greatest extent
possible that the dune system is preserved as a natural buffer to storm surge.
City of Cape Canaveral Comprehensive Plan Section 2 - 5
Adopted - January 5,1999 f/98802 \ adopted/gops\coastal
From: Sandra Clinger To: Vrginai Barker Date: &17!99 Time: 5:04:10 PM Page 2 of 2
Save the Manatee.Club
August 17, 1999
Ms Virginia Barker
Natural Resources Management Office, Building A
2725 Judge Fran Jamieson way
Viera, FL 32940
Dear Ms. Barker:
In preparing Save the Manatee Club's underline and strikethrough recommendauons to the
MPP by the August 2, 1999 deadline, I mistakenly omitted an increase to the recommended
number of manatees that would trip the higher manatee abundance threshold in the Boat
Facility Siting section. Each location that should be amended is indicated below:
Page 1 - Manatee Habitat Features Definition, Manatee Abundance
• Change fifteen (15) to twenty (20) or more manatees observed/overflight
Page 3 - Manatee Habitat Features Summary (table), Manatee Abundance, 2nd line
• Change fifteen (15) to twenty (20) or more manatees observed/overflight
I apologize for any confusion this may cause. In order to meet the deadline, there was no
time for a final editorial review. Please provide a copy of this letter to each Commissioner
as soon as possible. Thank you
Sincerely,
(Signature)
Sandra Clinger
East Central Florida Regional Coordinator
Save the Manatee Club. Inc. 500 N. Maitland Ave. Maitland, FL 32751 (407) 539-0990 http://wwv,.objectlinks.com/manatee
Printed on Recyeled Paper
sandra Clinger To: Virginia Barker Date: 8/2/99 Time: 4:50:46 PM Page 6 of 15
Rationale: The present boat ramp siting language is ambiguous as to outcome from applying the
criteria. There is no guidance as to how to assess site suitability based on the criteria. Boat ramps are
an essential component to addressing watercraft -related manatee mortality and watercraft -related
impacts to manatee habitat. Good facility siting should direct boat ramp development away from
important manatee habitat areas, to areas near population centers or popular destinations, and to areas
where deep -water access already exists.
MANATEE PROTECTION BOAT SPEED ZONES
NOTE: The MPP is designed to be a comprehensive planning document that not only looks at the present
conditions and threats to manatees and their habitat, but also takes into account future increases of human
activities and will put mechanisms in place to minimize future risk to manatees and their habitat.
PAGE 18 - A. New Speed Zones
3. Slow Speed Zone - Turnbull Basin (Map 1)
A manatee protection slow speed zone is proposed for the shoreline of the north Indian River Lagoon.
This area is known as Turnbull Basin. The zone should begin on the west side of the Intracoastal
Waterway at the railroad bridge extending out to approximately 3000 feet from shore and continue
around the basin to the western boundary of the Merritt Island National Wildlife Refuge (MINWR), then
following the boundary of the MINWR to the southern boundary of the Intracoastal Waterway (including
the ICW at the mouth of Haulover Canal), then including all waters south or east of the ICW to the
eastern boundary of ICW (ICW exempt) near the railroad bridge. (See Map 1).
Rationale: The Turnbull Basin has been called the "Jewel of the Indian River Lagoon" due to its limited
shoreline development, near pristine water quality, and the most expansive SAV areas in the entire Indian
River Lagoon. A majority of the shoreline is in public ownership. Turnbull Basin is the baseline area
used by a number of research organizations to which comparisons are made for all other basins (i.e., how
much a basin is polluted depends on how much it deviates from this basin.).
Recent year-round county -wide manatee aerial surveys have documented a total of more than 315
manatees using Turnbull Basin, with larger aggregations documented at Haulover Canal, along the spoil
islands and along the 3ft depth contour surrounding the basin. Since 1995, there have been five (5)
watercraft -related manatee mortalities in Turnbull Basin (See Map 2). One other watercraft -related
mortality occurred in Turnbull creek, but was recovered just over the Volusia County line, and there fore
was recorded to Volusia County. Three of those mortalities occurred in 1998. Additionally, there were
four other watercraft -related manatee mortalities in the immediate vicinity including two more in 1995.
Turnbull Basin also supports extensive seagrass beds that have the best chance of continued viability
because of excellent water quality and a good chance at controlling upland shoreline development due to
acquisition programs.
Prepared by: Sandra Clinger
Save the Manatee Club
7/20/99
5
Sandra Clinger To: Virginia Barker Date: 8/2/99 Time: 4:50:46 PM Page 4 of 15
Manatee Habitat Feature Summary: (See detailed Manatee Habitat Features definitions above
-to be determined using map series and map update schedule specified in Appendix (10).
Limiting Features: (Each increases # Habitat Features by the number indicate1) (adding to the Code)
Seagrass
Manatee Abundance
Manatee Mortality
Manatee Fresh water, Calving
Cavorting, Feeding, Resting
Area
Class II, OFW, or Aquatic
Preserves
Offsetting Features: (Each decreases # Habitiat Features by 1)
Speed Zone
Within 2 miles of an inlet
5% or more present on the project site significant +1
5 or more manatees observed/overflight within 5 mile radius +1
OR 20 (15)(Stricken from Code) or more manatees observes/overflight within 5 mile radius +2
(# watercraft mortalities within 5 mile radius/ total # watercraft +1
mortalities in Brevard (>0.03 and < 0.09 (adding to the Code) is significant) (Stricken from Code)
OR # watercraft mortalities since 1994 within 5 mile radius / total (Stricken from Code) +2
# watercraft mortalilites in Brevard since 1994 is > 0.09 (adding to the Code)
Within 1/2 mile (From Table 1 and Figure12a=12c. +1
Site is located in one of these designated areas +1
Site is located within a year-round "Slow Speed" or "Idle
Speed" Zone -1
Site is located within 2-mile radius of the S.R. 401 bridge at
Port Canaveral or Sebastian Inlet. -1
—
Rationale: The Florida Department of Environmental Protection has indicated that, while the criteria
based approach for marina facility siting was acceptable, the 1997 MPP's powerboat -to -shoreline ratios
for Zone D were not sufficient for manatee protection. Save the Manatee Club's proposed ratios are
believed to be sufficient to protect manatees while still allowing the highest powerboat densities in areas
with fewest manatee habitat features. These ratios are more consistent with the Florida Department of
Environmental Protection's present site specific boat facility permit review and therefor should meet
their approval.
PAGE 16 - 3. Boat Ramps
Discussion and analysis of existing boat ramps is provided in detail in Appendix 8. Those ramps which are
currently experiencing periodic overcrowding, or which are in need of repair are identified.
Two areas in the County were identified as deficient in public boat launching facilities. These areas include the
southern portion of the County's mainland, generally south of and including Palm Bay, and the County's south
barrier island, south of the Town of Indialantic. Both of these sites are located in manatee planning zone M, and are
further discussed in Appendix 8.
The growing population on the County's south mainland is increasing the need for boat launching facilities in this
area. Presently there are few public boat launching facilities in this area. The existing facilities are periodically
overcrowded. Combined, these factors indicate the need for improvements to existing public boat ramps, and the
potential establishment of new boat ramps in this area.
The County's barrier island south of the Town of Indialantic on the east shore of the Indian River also has few
available boat launching facilities. The lack of available public boat launching sites in this area suggests a need to
establish a new facility. However, the shallow shoreline, rapid silting characteristics and lack of suitable public
waterfront property in this area have made past efforts to establish an additional boat ramp unsuccessful.
Prepared by: Sandra Clinger
Save the Manatee Club
7/20/99
3
$andra Clinger To: Virginia Barker Date: 8/2!99 Time: 4:50:46 PM Page 5 of 15
All proposed boat ramps for unincorporated areas of Brevard County shall be brought before the Board of County
Commissioners for their review. Proposed new boat ramps or the expansion of existing boat ramps shall be limited
as follows:
Boat Facility Siting Zone A:
All boat launching facilities to be located within Boat Facility Siting Zone A shall be limited to a maximum of 15
marking slips and I boat launching lane. All sites to be considered for a public or private boat ramp shall be
evaluated for site suitabilityprior to development, utilizing the criteria included in this plan under Section II, C 1
(Definitions),• and Section II C 2 (B and C) with the exception of the following numbered criteria in Section II, C,
2 (Marinas) subsection C: Seagrass (criterion 4), Manatee Related Best Management Practices (criterion 1), Water
Quality (criterion 1) and Upland Issues (criterion 2). (adding to the Code). All sites to be considered for a public or private boat ramp
shall be evaluated for site suitability prior to development, utilizing the criteria included in this plan under Section
II, C, 1 (Definitions); and Section II, C, 2 (B and C) with the exception of the following numbered criteria in
Section II, C, 2 (Marinas) subsection C: Seagrass (criterion 4), Manatee Related Best Management Practices
(criterion 1), Water Quality ( criterion 1), and Upland Issues (criterion 2). (Stricken from Code).
Boat Facility Siting Zone B (Barge Canal):
New or expanded boat ramps on the Barge Canal which are associated with a marina and which are to be used solely
by the tenants of that marina for the launching of boats stored at that marina shall not be limited by the powerboat
ratios established for the Barge Canal. No public boat ramps shall be developed on the Canaveral Barge Canal (with
the exception of the proposed ramp near the west end of the Barge Canal) (adding to the Code). For the establishment of a new pubic or
private boat ramp for public use the requirements for construction shall be the same as the requirements for
development of a new marina or the expansion of an existing marina in excess of 1:100, as described in paragraph II
D, Boat Facility Siting Zone B. (Stricken from Code).
Boat Facility Siting Zone C (Port Canaveral Harbor):
It is recommended that new or expanded boat ramp facilities to be located in the Port Canaveral Harbor be
unrestricted.
Boat Facility Siting Zone D:
All sites to be considered for a public a ramp shall be evaluated for site suitability prior to acquisition and
development, utilizing the criteria included in this plan under Marinas subsection B and subsection C with the
exception of the following criteria : Seagrass (criterion 4), Manatee Related Best Management Practices
(criterion 1), Water Quality (criterion 1), and Upland Issues (criterion 2). The area of the south Indian River Lagoon,
including the south beaches areas and the mainland areas in the vicinity of Palm Bay, should have a high priority for
boat ramp siting due to the deficiency of public boat ramps and a large population base. (adding to the Code) All boat launching
facilities to be located within Boat Facility Siting Zone D which have 0 or 1 manatee feature shall remain
unrestricted All boat ramps to be located in Boat Facility Siting Zone D and have 2 or 3 habitat features
shall be limited to 15 parking slips and no more than 2 boat launching lanes Sites in Boat Facility Siting
Zone D with 4 or more habitat features or sites that trip the higher order criteria for manatee abundance
or mortality shall be deemed unsuitable for boat ramp siting.
SITE SPECIFIC RECOMMENDATION:
The following sites were recommended individually and are exempted from the boat ramp siting criteria above:
1. It is recommended that the Florida Department of Environmental Protection assist Brevard County in assessing
the feasibility of developing a boat ramp on the west end of the Barge Canal. (adding to the Code).
2. It is recommended that the Florida Department of Environmental Protection assist Brevard County it finding a
suitable ramp site on the south mainland. (Adding to the Code).
It is r-eeemmended that the Florida Department of Environmental Protection develop a boat ramp on the Barge
Canal. (Stricken from Code).
Prepared by: Sandra Clinger
Save the Manatee Club 4
Sandra Clinger To: Virginia Barker Date: 8/2/99 Time: 4:50:46 PM Page 2 of 15
Save the Manatee Club's
Recommendations to Improve Manatee Protection in the
May 1997 Brevard County Manatee Protection Plan
Underline and Strikethrough Format
HABITAT PROTECTION
PAGE 7 - A. Habitat Protection
".....
The Brevard County Board of County Commissioners will continue to implement a variety of projects that achieve
the goals of the IRLCCMP for the protection of manatee habitat."
Insert a priority ranking for future habitat protection and restoration projects from the CCMP. (adding to the Code).
Rationale: This ranking is presently under development. While listing the projects that have been accomplished or
are underway is a valuable baseline of where we are today, it does not provide guidance for future projects. The
MPP is to serve as a planning document to offset both present and future impacts to manatees and their habitat. The
incorporation of a priority -ranking list would provide guidance as to the relative importance of individual projects or
programs that could be undertaken in the future.
BOAT FACILITY SITING
PAGE 9 - C. Boat Facility Siting, 1. Definitions, Manatee Habitat Features
Manatee Habitat Features: The following manatee habitat features are to be applied in Boat Facility
Planning Zone D and shall be determined using the map series and data update schedule identified in
Appendix 10.
A. Each ofthe following increases (adding to the Code). the number of habitat features by 1 (Stricken from Code). the number indicated in
brackets The highest met criteria shall apply. (adding to the Code).
1. Seagrass - 5% or more seagrass present on the proposed project site is considered significant
[1+1].
2.
1 .2. Manatee Abundance - five (5) or more manatees observedobservations(Stricken from Code) overflight within a 5
mile radius of the site [+1], OR fifteen (Stricken from Code) . twenty (adding to the Code). (15) (Stricken from Code). 20 (adding to the Code)
.more manatees observed/overflight within a 5
mile radius of the site [+2] . The ratio of the number of manatees observed/overflight is
obtained by counting the number of manatees observed within the 5 -mile radius and dividing
by the number of overflights or survey effort.(adding to the Code) . (Stricken from Code)-If more than one survey falls within the 5 mile
radius, the number of manatees observed will be counted for each survey, divided by the
number of overflights and then the normalized values will be summed.
3. Significant Manatee Mortality - If the ratio of the number of watercraft mortality within a 5
mile radius, divided by the total number of watercraft mortalities in Brevard County,—is
between 0.03 and 0.09 [+1], OR if the ratio is greater than 0.09 [+2]. (adding to the Code). .A value of 0.03 or
larger is considered significant. (Stricken from Code).
4. Manatee Freshwater Source/Calving/Cavorting/Feeding/Resting Area. Sites located
within 1/2 mile [+1]. The locations (except freshwater sources) are identified in Table 1 for
the present time. Manatee freshwater sources are identified in Figures 12a -12c.
5. The proposed site is in a Class II Waterbody, Outstanding Florida Waterway (OFW), or
an Aquatic Preserve [+1].
Prepared by: Sandra Clinger
Save the Manatee Club 1
B. Each of th e following reduces (Stricken from Code) the number of habitat features by 1.
1. The proposed site is presently located in a year-round "slow speed' or "idle speed manatee
zone as authorized by the Florida Manatee Sanctuary Act Ch. 62N-22 F.A.C., other Federal
designation or local ordinance- [-1]. (adding to the Code).
2. The proposed site is within 2 miles of the Port Canaveral Harbor (S -R- 401 bridge) or the
Sebastian Inlet [-1].
Rationale: Analysis of the boat facility siting criteria using the new manatee abundance and
mortality data indicates that some portions of Zone D have dramatically higher levels of manatee
abundance. Areas were also identified where watercraft -related manatee mortality has persisted at
dramatically higher levels over the past 5 years (since the majority of the boat speed zones had been
implemented). A second layer of criteria was added to manatee abundance and manatee mortality in
the manatee habitat features definition so that these areas would be given a higher level of
protection. The Florida Department of Environmental Protection has indicated the present boat
facility siting ratios in the 1997 MPP are too high.
PAGE 12 - C. Development Guidelines/Recommendations, Dredging
1. The creation of new navigation canals or expansion (widening and(or deepening) of existing ditches, drainage
right-of-ways, drainage easements and storm water facilities connected to the Indian River Lagoon to
accommodate boat traffic shall be prohibited unless it is the public interest as defined on page 5 of the
Glossary and does not adversely impact water quality or natural habitat or unless the activity is an approved
maintenance dredging on existing public navigational channels and pubic canals or an existing marina's
maintenance dredging or where the deepening or widening may enhance the environment for the
manatee(Stricken from Code) . (Existing policy 3.8, Brevard County Comp Plan, Conservation
Element; and Brevard County LDR, Division 3, Surface Water Protection Ordinance, Section 62-3666, (S)) -
Rationale: The language adopted by the Board of County Commissioners on May 21 and 22 1997,
convolutes the intent of the language contained in the Surface Water Protection Ordinance and
Comprehensive Plan Conservation Element Policy 3.8. The language proposed by the Ad-hoc
Committee is consistent with the intent of the Surface Water Protection Ordinance Section 62-3666
(5). This ordinance was drafted to protect the surface waters of Brevard County from further
degradation. Specifically, the intent ofthis section ofthe ordinance is to prevent water quality
impacts from the connection of stormwater related strictures to the Indian River Lagoon for the
purpose of accommodating boat traffic or facilities.
PAGE 14 - D. Powerboat -to -shoreline Ratios, Boat Facility Siting Zone D
## Manatee
Habitat Features
Existing Facility
New Facility
0
7:1000- Unrestricted (Stricken from Code)
10 (Stricken from Code). 6 (adding to the Code). :100
1
10 (Stricken from Code). 5(adding to the Code). :100
534(Stricken from Code). :100
2
9(Stricken from Code). 3(adding to the Code). :100
72(adding to the Code). :100
3
7(Stricken from Code). 1(addomg to the Code). :100
41(Stricken from Code). :100
4
4:100 (Stricken from Code).
1:100 (Stricken from Code).
5
1:100 (Stricken from Code).
1:100 (Stricken from Code).
Prepared bv: Sandra Ctinger
Save the Manatee Club
7/30/99
(407) 868-3333
City of Cocoa Beach
Excellent Recreation and Quality Living
2 South Orlando Avenue / P.O. Box 322430 • Cocoa Beach, FL 32932-2430
July 30, 1999
Commissioner Truman G. Scarborough, Jr.
400 South Street, First Floor, Ste, 1 A
Titusville, FL 32780-7698
RE: 1997 Manatee Protection Plan
Dear Commissioner Scarborough:
RECEIVED
AUG 0 4 1999
DISTRICT 1
COUNTY COMMISSION
In response to your letter of July 23, 1999, please be assured that the City of Cocoa
Beach endorses the expansion of the Water Sports Recreation area in Cocoa Beach as
described on pages 23 and 43 and as illustrated in Figure 6a.
Very truly yours,
Joseph R. Morgan
(Signature)
Mayor -Commissioner
cc: Charles Billias, City Manager
Conrad White, Acting Director Office of Natural Resources
Received
AUG 06 1999
NATURAL RESOURCES MGT.
FROM DISTRICT 1 COMMISSION OFFICE
FOR YOUR INFORMATION
07/30/99 15.29 407 204 0751 COMM SCARDOROGUGH
JUL-29-1999 13:33 FROM COMMUNITYDEVELOPMENT
City of Titusville
Community Development
Planning Division
555 South Washington Avenue
Titusville, Florida 3299
TITUSVILLE MUNICIPAL
MARINA
BOAT FACILITY
SITING
ZONE "D"
CITY OF COCOA
BOAT FACILITY SITING ZONES
LEGEND
Indicates sites which meet
proposed Boat Facility Siting
Zone D Standards
Prepared:
July 13 1999
INDIAN RIVER
07/30/99 15:27 407 264 6751 COMM SCARBOROUGH 06
Boat Facllity Siting Zone D(Stricken from Code). E: (adding to the Code)
All sites to be considered for a public a ramp shall be evaluated for site suitability prior io acquisition and
development, utilizing the criteria included in this plan under Marinas subsection B and subsection C with
the exception of the following criteria : Seagrass (criterion 4), Manatee Related Best Management Practices
(criterion 1), Water Quality (criterion 1), and Upland Issues (criterion 2). The area of the south Indian River
Lagoon, including the south beaches areas and the mainland areas in the vicinity of Palm Ray, should have
a high priority for boat ramp siting due to the deficiency of public boat ramps and a large population base.
SITE SPECIFIC RECOMMENDATION:
The following sites were recommended individually and are exempted from the boat ramp siting criteria
above:
1. It is recommended that the Florida Department of Environmental Protection develop a boat ramp on
the Barge Canal.
27