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Agenda Packet 12-17-2013
CITY OF CAPE CANAVERAL. CAPE CANAVERAL Cr YC NCL MEE'" NG AGENDA Instructions This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the "board or commission" (or City Council) takes official action on an item. No City Council action will be taken on requests during Public Participation unless determined by the Council to be an emergency. Any other requests for Council action may be placed on the Agenda for a subsequent meeting. 1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting Chair. 2. You will have 3 MINUTES to speak before the City Council. 3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair. CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA Tuesday December 17, 2013 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens are encouraged to limit their comments to three (3) minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS / INTERVIEWS: 6:10 p.m. — 6:30 p.m. Interview Applicants for appointment to the Planning and Zoning Board. CONSENT AGENDA: 6:30 p.m. — 6:35 p.m. 1. Approve Minutes for Regular City Council Meeting of November 19, 2013. 2. Resolution No. 2013-26; relating to its continuing Agreement for legal services; providing for repeal of prior inconsistent resolutions; providing for severability; and providing for an effective date. PUBLIC HEARING: 6:35 p.m. — 7:00 p.m. 3. Ordinance No. 16-2013; related to the Ron Jon Cape Caribe Resort; specifically modifying Ordinance No. 03-2008 to amend the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or less, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park in Cape Canaveral to authorize a building consisting of dwelling units subject to the terms and conditions of the Cape Caribe Second Modification to the Binding Developer's Agreement approved by the City Council City of Cape Canaveral, Florida City Council Meeting December 17, 2013 Page 2 of 3 and Cape Caribe, Inc. in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date, first reading. 4. Ordinance No. 17-2013; adopting a new Chapter 92 of the Cape Canaveral Code of Ordinances entitled "Fertilizer Land Application"; regulating pollutant runoff and the application of fertilizers as required by law; providing for purpose and intent; definitions; applicability; timing of fertilizer application; fertilizer free zone; low maintenance zone; fertilizer content and application rates; application practices; management of grass clippings and vegetative matter; exemptions; training; licensing requirements; enforcement and monitoring; and penalties; amending Section 2-283 of the Code of Ordinances to designate violation of Chapter 92 as a Class 1 code enforcement violation; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability and an effective date, first reading. 5. Ordinance No. 01-2014; amending Chapter 102, Vegetation, of the Code of Ordinances related to the City's Tree Bank and the Lists of Desirable and Undesirable Species; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. 6. Ordinance No. 02-2014; amending Chapter 110, Zoning, related to variances and special exceptions; authorizing the city manager to extend variance and special exception approvals for a period of 12 months; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. ITEMS FOR ACTION: 7:00 p.m. — 7:30 p.m. 7. Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of Cities. 8. Consider Application for Satisfaction or Release of $40,750.00 Code Enforcement Lien, Case No. 2012-00005, 201 International Dr., Unit #214. 9. Appoint Voting Delegate to the Space Coast Transportation Planning Organization (TPO) Governing Board, representing the North Beaches Coalition of Cape Canaveral and Cocoa Beach; and appoint Voting Delegate to the Technical Advisory Committee (TAC). REPORTS: 7:30 p.m. — 7:45 p.m. City of Cape Canaveral, Florida City Council Meeting December 17, 2013 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, 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 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. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/17/2013 PRESENTATIONS / INTERVIEWS Subject: Interview Applicants for appointment to the Planning and Zoning Board. Department: Community and Economic Development Summary: On October 9 and 23, 2013, the Planning and Zoning Board interviewed four applicants for a vacancy on the Board: Jill Seale, Craig Kittleson, Dianne Fellows and Mark Buddenhagen. On October 23, 2013, the Board unanimously recommended Council appoint Mark Buddenhagen. However, per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the board or committee on which the person is seeking appointment and with the City Council. All Applications are presented to the Council for consideration. Applicants have been invited to interview. The Resolution for appointment will appear on the Regular City Council Meeting of January 21, 2014 for discussion/selection of a Member. The individual selected for appointment will serve until September 15, 2014, completing the term of former Board Member Donald Dunn. Submitting Department Director: Barry Brown N)) Date: 12-10-2013 Attachments: P&Z Board Recommendation and Applications (4). Financial Impact: Staff time to prepare item. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Council Interview Applicants. Date: ke the following action: Approved by City Manager: David L. Greene (9 Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ 1 Tabled to Time Certain m^^ Community & Economic Development Department Memo TO: Barry Brown, Planning & Zoning Director FROM: Susan L. Chapman, Secretary, Planning & Zoning Board THROUGH: R. Lamar Russell, Chairperson, Planning & Zoning Board eye DATE: October 29, 2013 RE: Recommendation to City Council - Planning & Zoning Board Member Appointment • At Planning & Zoning Board Meetings held on October 9th and October 23rd, 2013, the Board interviewed four Board member candidates: Jill Seale, Craig Kittleson, Dianne Fellows, and Mark Buddenhagen. On October 23rd, 2013, the Board held discussion regarding interviews of the four Board member candidates. By unanimous vote, the Board recommended that City Council appoint Mark Buddenhagen to the Board. CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOAT Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that pe -` nesbeei A.u1.v felony, unless their civil rights have been restored. Please complete the following in the space provided: NOV 2 9 2012 (i. A. GENERAL L] 15JI 1. Applicant Name: iJ/LL K• 3 E! L 2. Home Address: 233 CIiZCLE le1VE, *7 3. Home and Cellular Telephone: 321 - (o 13 - 31 0 �I"ow.e ov►Iy ) 4. Occupation: Envifonmeotai Special:s4- 3re✓ard CouNTi iTy 5 v,CES 5. Business Telephone: 6. Business Address: Vier& Go verrim e, 4 Ce,vk t View, FL 7. E -Mail: jiaUtak r ckLoo.CoM. B. ELIGIBILITY i' The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X (N) 3a. Are you a Business owner. (Y) (N) X 3b. If yes to 3a, please list the name: NA 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 5b. If yes to 5a, please list each: NA Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? m X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: NA C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: a55;5* e;44 provicIina {wspv#1 9vFcjancf., afld nialc;a4 dee,sroons gn a. Varie4i of i55ve4 -N need rest L1iaAA and a ien+io,i rn o Com,nvni 4y. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. _1 Board of Adjustment* b. Business and Economic Development Board c. !o Code Enforcement Board* d. S Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. _3_ Library Board h. Planning and Zoning Board* Other. *Member of these boards we required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: have nab served on boands in 4%.e 'vas4-. owever, T have experience co,ek✓c) 1 ad$1,,-kr;pidid3 in Rubk Mee4in9s as a goat-ninon+entplo fee. awl am interestea in -eke pracess. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you fori membership on the desired board or committee. over IO4ears experience. is S a e4 Gx:n4i chat. as a etuNP 4isiee i i c„pI� i ai[ l r) co,►.Aiia„ce istautortubri exp., 1 ant Gon1/64410le(aJesio )evaivn}il Cates4 ce:se:As/4 Letiia cions., Please see my oActadedl resv,,ie. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian -American i< Female Hispanic -American Not Known Native -American X Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have an.� esti ns regarding the completion of this application, please contact the City Clerk's y1321 868-1220 ext. 221. Signature: Please return ,-/Z,c/ Date: !1 /27/ 2 - City City o‘ pe Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: ///29 // 2 - Page 3 of 3 a JILL A. SEALE 233 Circle Drive, #7 0 Cape Canaveral, FL 32920 0 (321) 613-3150 jillseale08@yahoo.com Brevard County Utility Services January 2012 - Present Environmental Specialist Oversee State and Federal compliance for two drinking water facilities and six wastewater treatment facilities. Responsible for Permit renewals and compliance, waste management program, stormwater management issues, petroleum storage tank compliance, and a variety of other environmental compliance issues. Work with private contractors on capital improvement projects, attend public meetings with management, address public concerns regarding water quality. FoodMatch. Inc.. New York. NY Sept 2008 — Oct 2011 Compliance Manager Responsible for all importing compliance for a specialty food importing company, to include all FDA, US Customs and USDA filings, registrations, tariffs, and security filings. Also responsible for assuring all suppliers, both foreign and domestic, meet applicable compliance standards as required by US regulatory agencies and customers. State of Florida. Department of Environmental Protection Aug 2001— Aug 15, 2008 Temple Terrace, FL • Waste Cleanup Section, Nov 2007 — Aug 2008 Environmental Specialist 111 Project manager of contaminated industrial sites • Env. Resources Section, Dec 2006 — Nov 2007 Environmental Specialist 11 Permit/Enforcement, specialized in sovereign submerged lands issues & commercial marinas • Hazardous Waste Section, July 2002 — Dec 2006 Environmental Specialist 1 and 11 Compliance, Enforcement, Industrial Facility Inspections, Criminal Investigations and Emergency Response • Petroleum Storage Tanks Section, Aug 2001 July 2002 Enforcement Env. Specialist 1 University of South Florida. College of Medicine. Physiology Deoartment Tampa. FL Biological Scientist 1 June 1999 to May 2001 • Lab Technician in Respiratory Physiology research lab Micro Air. Inc.. Indianapolis. IN May 1997 to May 1999 Laboratory Technician • Bulk Asbestos Analyst by polarized Tight microscopy (PLM) and radon technician EDUCATION: Ball State University, Muncie, IN B.S., Biology Major, Chemistry Minor 1997 9 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill) flu a jppJjcption. City, C,oa also prohibits a person from serving on a City Board or Committee if that r `vii Iias E,een-6onvic di of a felony, unless their civil rights have been restored. lI AUG 1 5 2013 ii ';i Please complete the following in the space provided: ' �' A. GENERAL ' �� C 1. Applicant Name: (? (t K (7_S6>-( 2. Home Address: 3 S ( 4--61-R 160a D 2 . 3. Home and Cellular Telephone: _59(- CQ i J - 35i IS 4. Occupation: P 1. LbT 5. Business Telephone: '1v 7 -5 Z5 - 26,0 6. Business Address: He 0 7. E -Mail: 7 3-7 CO e -C(. rt. C&-rtn B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner: 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 5b. If yes to 5a, please list each: Page 1 of 3 (Y) (N) (Y) (N) 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) -"/ (N) _ 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE (Y) (N) 1. Briefly state your interest in serving on a City advisory board or committee: 4)00C C. --/f To i-ria/Arm/xi 42 /krPRcWE 711E_ CRJ PtLt"`{ or oc)CL c o vQ I r?+( 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. Business and Economic Development Board* c. ? :: Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. _I_ Planning and Zoning Board* I. Other *Members of these boards are required to complete and file with the supervisor of Flections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Anwe 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify_you for membership on the desired board or committee. 'xP(Ef/ Fac TNifc/ 77,9E !"1/Lrrfite5/ Axri9 y' 1An'c --1rfmrix‘. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American __ Male Asian -American Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT 1S YOUR SOLE OBUGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: / e Date: ohs//3 Please retum to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: . =.Appoir)ted by: Board Appointed to: Term Expires: Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOITNMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members tolfiy gut an applicatiopTtni Code also prohibits a person from serving on a City Board or Committe t p_glaaiLb&fn, victed of a i111 Please complete the following in the space provided: JAN 1 8 312 felony, unless their civil rights have been restored. A. GENERAL := '0.62A 6g( - 1. Applicant Name: b 1 LLw os 2. Home Address: all VILLA ►doh\ .fie 3. Home and Cellular Telephone: 3GI1.6 y - /8d- 1 4. Occupation: •Rea-Lro2 5. Business Telephone: Sal. 72y. Too 6. Business Address: MI6 rl- A-r2»hunc. 7. E -Mail: f%zi.ty cv.o oNc i Aol.e.arn B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) / (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Are you a Business owner: 3b. If yes to 3a, please list the name: anLN (-2Q')6 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 4b. If yes to 4a, have your civil rights been restored? 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 5b. If yes to 5a, please list each: Page 1 of 3 (Y) ✓ (N) (Y) ✓ (N) 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent nn� to a standard criminal background check before being r"V appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N) 7a. Are you lg ateci to a City of Cape Canaveral Council memberb 'blood, ra foption, or marriage? 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: "10 rfl) 1l4WAF3cC' f0u31FD6.E An;n iri RE'Ct12N G1aK _Rack. Tb -144 CMIWKurul/ 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 3_ Board of Adjustment* b. 4 Business and Economic Development Board c. ,2 Code Enforcement Board* d. 7 Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. 5 Culture and Leisure Services Board g. S Library Board h. / Planning and Zoning Board* i. Other: 'Member of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Alor�i= 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. 1 ItAdE . GF_ 2AL. KObtari.CrE t nit.A) Op,ros-reocri ril D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American Male Asian -American / Female Hispanic -American Not Known Native -American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: I Q,c. r kw.. Please return to: Date: /- 7 /,--- City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: / /g4 Pp Date Appointed: r / Appointed by: Board Appointed to: Term Expires: 1 Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an ,application. City Code also prohibits a person from serving on a City Board or Committee if that pers as een coriv'ckqd "fid felony, unless their civil rights have been restored. 1.1= Please complete the following in the space provided: A. GENERAL 1. Applicant Name: M AR k B u DDEK N M -E N 2. Home Address: 7 L lLP MMM1M6LI A AVE. Cape Comic r4 R 3). ) 3. Home and Cellular Telephone: ( 1) 89- ):757-P 4. Occupation: C'.Co -por ori Sck rL Se ColeAD 5. Business Telephone: Q A -s GJpaU8, 6. Business Address: .n..P. 3 S e 7. E -Mail: YY1&iY k biLckc,P.rr, <el e,v' (� ct,ko . Calek, B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape / Canaveral for 12 months or longer? (Y) Y (N) 3a. Are you a Business owner: (Y) (N) _ 3b. If yes to 3a, please list the name: SStm r LSe. t 6 -2 . 04.�Q, S� rise_ C n os 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 5b. If yes to 5a, please list each: AUG 1 2 2013 Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) - 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: -( r L . prp,k &A & eriata,y1x,e4jr 41.4u51 OrP.ui T wte, u-0 eX C� i vnu 4r % o 1,e. us r i �akb 1, v� aR.UC a„�c7� 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. 2. Business and Economic Development Board* c. Code Enforcement Board* d. 3 Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board Library Board h. 1 Planning and Zoning Board* ,. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: lookke4 a.S Sociw,ILSOV nue(r i� �, t944,44, wtAsilreeger Agt_LAINit.PO?rwet.thege"...441, logo sen.wr Pro).esstyv.a.moc l- over (4c MCd '3 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the d sired board or cojnmitttee t�ca.e• aQe.t.� ttna.4..ft.iey rkrext ()toted rftiv.4,50/ euef I C pI( C94. .i T t1d44A.4 °4-SQec�cS 1rw '� �Lc�e�.c�eS 442. cev4Se. wlkA^.S t ewsemci,,:gtritweAscoe, rwmairu5 D. STATE REPORTING REQUIREMENTS r64"'."o'ily'ea.+'s Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American �Z. Male Asian -American Female _L Hispanic -American Not Known Native -American __1L Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Date: kJ/ vt p0/.3 Please retum to: City : 'S pe Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: g/25//& Date application received: g/zs I / 3 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY November 19, 2013 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. Mayor Randels explained' the new Public Participation rules. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City Manager City Attorney Administrative Services Director Finance Director Community & Economic Development Director Planning & Zoning Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Chief Cape Canaveral Volunteer Fire Dept. Assistant Chief Cape Canaveral Volunteer Fire Dept. Assistant Chief PUBLIC PARTICIPATION: David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Barry Brown Gustavo Vergara Jeff Ratliff Lonnie Dunn Paul Ring Dave Sargeant John Cunningham Tracy Braley Mr. Dave Reynolds expressed displeasure with the fire station being located outside the City limits during construction of the new station and encouraged staging a truck/crew within the City limits. City Manager David L. Greene indicated responses times meet National Standards, which are six (6) minutes or less 90% of the time; the Fire Station has been a City project since 1983 and the total cost should not exceed 2.5 million dollars. City Manager Greene indicated locating within the City Limits was looked into City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2013 Page 2 of 6 and Staffs efforts to locate a facility within the City limits were unsuccessful. The City is very grateful for the Port accommodating the City during the construction. OATHS OF OFFICE: City Attorney Garganese administered the Oath of Office to John Bond and Buzz Petsos. SELECTION OF MAYOR PRO TEM: Motion by Council Member Walsh, seconded by Council Member Bond, to nominate Council Member Buzz Petsos as Mayor Pro Tem. No otheriiominations were received. The motion carried unanimously. PRESENTATIONS / INTERVIEWS: Interview Library Board Members Linda Brown@and<.Evelin'iReid for reappointment to said Board: Attorney Garganese asked Ms. Brown andMVIs. f eid cif all the information in their application is true and correct, to which each respostided: in the affirmative. Linda Brown explained how important the Library is to the individuals in:.this community as the hub of the community; details of the upcoming Book Sale; positive changes to the Library initiated by Director Morrison and advocating for additional` Offiruters and I -pads at the facility for access to the electronic books."- --.Council Mernbers' comments included support for additional computers; the book "Silencezin -the Salvage", which is about the recovery of the Space S.tuttle Columbia and expressing thanks for her service on the Board. Evelin Reid sllared'her experience volunteering in the Library three to four days a week and how it; benefits herps a board member. She expressed her love of meeting all the people and assisting them, advocating'tfor.seats by the window so people could bring in their own computers° and: use -them: Council Members' comments included appreciation-for:her service\and for the' 201h: -anniversary of the Friends of the Library. Presentation to the Financial Services Department of The Certificate of Achievement for Excellence .in FinanciarReportina. Fiscal Year endina September 30. 2012: Mayor Randels presented the Certificate to Finance Director DeLeo, who shared the same with his Staff, Accountant Joan Gapud, Accountant Eric Bever and Accounting Technician Cheryl Puleo. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Reaular City Council Meeting of October 15, 2013: 2. Approve the 2014 City Council Reaular and Tentative Budget Meetina Schedule: City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2013 Page 3 of 6 3. Resolution No. 2013-25: reappointing Members to the Library Board of the City of Cape Canaveral: providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Linda Brown and Evelin Reid): 4. Endorse the Memorandum of Understanding between Space Coast League of Cities, Brazil Space Coast International Development Agency, and Brazil Florida Chamber of Commerce: 5. Acceptance of Annual Review and Inspection Report —,Cape<.Caribe, Inc. Binding Developer's Agreement: ,/ A motion was made by Mayor Pro Tem Petsos, e;condi`e`' ;':by Council Member Walsh, for approval of the Consent Agenda. The motion carried` :5; 0 with voting as follows: Council Member Bond, For; Council ,Member Hoog, For; iMayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For• .. PUBLIC HEARING: 6. Ordinance No. 13-2013; adopting the amendments to the Annual General Fund, Special Revenue Funds, Wastewatei Enterprise Fund and. Stormwater Enterprise Fund Budgets for the Fiscal Year beginniriq October 1, 2012; *id:ending September 30, 2013: providing for an effective date. s..ecor d�ieadinq: Attorney Garganese read the Ordinance title into the record and provided' a 'brief explanation of same. Mayor Randels provided further" explanation of the -item. The'Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Mayor Pro Tem,,:Petsos, seconded by Council Member Bond, for approval of Ordinance No. 13-2013.. The motion carried75-0 with voting as follows: Council Member Bond, For; Council Member H,00g, For; Mayor Pro Tem Petsos, For; Mayor Randels. For; andCouncil Member Walsh, For. 7. f Ordinance No. '1.4=2013. amending Sections 2-66 and 2-68 of the City Code related-la:Public Input &Participation at City Council Meetings; providing that the City Council `s" hall,, establish 'a policv affording members of the public a reasonable opportunity la, be heard during City Council Meetings consistent with applicable law; providing for the;.repeal of prior inconsistent ordinances and resolutions; incorporation into the Code. seerabilitvand an effective date, second reading: Attorney Garganese read the Ordinance `title into the record and provided an explanation of same. Mayor Randels provided further explanation of the Ordinance and the continued practice of the City to allow individuals to speak at meetings. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of Ordinance No. 14-2013. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2013 Page 4 of 6 8. Ordinance No. 15-2013: providing for the regulation of sianaae: providing for comprehensive amendments to Chapter 94. Sians, of the Code of Ordinances; amending the sianaae requirements for the AIA Economic Opportunity Overlay District; providina for repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability, and effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels provided further explanation of the activities of the Planning & Zoning Board to review the Sign Code. Community and Economic Development, Director Todd Morley explained addendum #1 listing three proposed changes to .ti--ptoposed Ordinance. Attorney Garganese requested Council Members consider :he changes as if they were incorporated into the Ordinance presented. CommuniSnWO' conomic Development Director Todd Morley provided a summary of the prop wed Ordinance, explained how businesses will be notified of the proposed revisions to he Sign�Co,de and answered questions. Mayor Randels thanked members of the'Planning and ZOTIKBoard for their work on the Ordinance. The Public Hearing.. was opened. Attorney. Kim Rezanka, representing Extreme Fun LLC, the owners.' of„Beach wave, explained'tlie position of her clients that merchandise in the window is not. a window sign; the request not to remove the words "out of doors", how limiting merchandise display impacts revenue; the regulation of wall signs; and the interpretation of the code provisions. Discussion ensued and included: the words display ,and merchandise, the definition of window signage; that the City Council is to make-40,licy,,decisions aa.:to'what is allowed within the City limits, the community visioning 'Oortiittiow Staff h"as been trying to bring the citizen request to fruition, what citizens Stated: when the,::=building/site plan was before the Council for approval, that during the lite plan approval process statements were made related to upcoming changes in the sign code related to window signage and Mr. Gall's acknowledgement of the same at thattime, whether the surfboards behind the windows would be considered as signage also; a suggestion that Council allow City Staff/City Attorney to meet with the Business Owner/Attorney to further discuss the issues, the ;suggestion that Council Members write individual e-mails to Staff members providing/their direction as to what they desire as Ordinance requirements, and the need/for:Staff to properly frame the issue(s) before direction of City Council is given. It was° agreed that Staff will -work with the Property Owner/Attorney to clarify the issues; forward the information tothe Council who will be expected to give policy direction and no action wiill' a .taken on Ordinance 15-2013 this evening. 9. OrdinanceNNo..16-2013; amending Ordinance No. 03-2008 to repeal the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or less, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park in Cape Canaveral: providing for the repeal of prior inconsistent ordinances and resolutions: severabilitv: and an effective date, first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Council Member Hoog recused himself due to his involvement with Cape Caribe on another financial matter. Planning and Zoning Director Brown explained prior rezoning restrictions to accommodate the expansion of the pool/other amenities; the current request to reallocate units closer to the pool and the request will City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2013 Page 5 of 6 not result in increased density. Mr. Ken Ward, representing Cape Caribe, explained the purpose of repealing the restrictions and how it would allow one of the proposed buildings to then adjoin the pool deck. The proposal was discussed. Attorney Garganese read the amended Ordinance title into the record as: "an Ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida, modifying Ordinance No. 03-2008 to amend the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or Tess, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park, in Cape Canaveral; to authorize building four pursuant to the Development Agreement between Cape Caribe Inc. and the City of Cape Canaveral dated , providing for'repeal of prior inconsistent ordinances and resolutions; severability; and an effective date. Section 2 would be amendment to Ordinance No. 03-2008 City Council :of the 'City of Cape Canaveral hereby amends the Ordinance to modify the restrictions.'Section'3 to authorize building number four, pursuant to the Developers Agreement between Cape-Caribe, Inc. and the City of Cape Canaveral dated ". The discussion continued. A motion was made by Council Member Bond, seconded by Council, ,Member. Walsh, that Ordinance 16- 2013 be adopted as amended by the City Attorney. -The, motion carried 4-0 with voting as follows: Council Member Bond, For; Council Member Hoog, abstaining; Mayor Pro Tem Petsos, For; Mayor _Randels, For; andCouncil Member Walsh, For. The Public Hearing was opened; no ,comments were received and the Public Hearing was closed. ITEMS FOR ACTION: 10. Approve Contract for City to purchase property located at 110 Polk Avenue in the amount of $195,0.0.0 and authorize Mayor to' execute same: Discussion included: the need to file appropriate documents to dissolve the condominium form of ownership; the seller's address of record being out of state; however, the contract documents can reflect a Cape Canaveral Address if that is more convenient for the seller; and the condominium association was dissolved in 1987. A motion was made by Council Member Hoog, seconded by Council Member Walsh, to approve the contract for purchase. Council Member Bond explained his position on the proposed purchase price being fair market. Mayor Pro Tem Petsos indicated at first he was not comfortable expending funds for this purchase; however, knowing the building would be used for Staff offices during the construction, and the costs associated with the temporary office, makes the cost seems reasonable. City Manager David L. Greene explained the property owner did some work to clean up the property, the fair price for the unique property and if the City intends to build a New City Hall the site will play an important part. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting November 19, 2013 Page 6 of 6 REPORTS: Council Member Bond noted being Mayor Pro Tem was a fun experience and expressed appreciation for the ability to serve for another three years. Council Member Hoog indicated the State will allocate money to assist with the Indian River Lagoon Issue cleanup. Mayor Randels noted the problems have the full attention of the State. Council Member Petsos felt the removal of septic tanks is much more important than the fertilizer runoff to correcting the problems. .Mayor. Randels stated the City is very fortunate to have only a few properties still on sepic tanks. ADJOURNMENT: There being no further business, the Meeting adjourned at 8:54 P.IVI\ Angela M. Apperson, MMC, Administrative Services Director Rocky Randels, Mayor v. . City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/17/2013 Item No. Z Subject: Resolution 2013-26; relating to its continuing Agreement for legal services; providing for repeal of prior inconsistent resolutions; providing for severability; and providing for an effective date. Department: Administrative Services/Legal Summary: Anthony Garganese was appointed City Attorney on August 20, 2002, via Resolution 2002-29. He has remained City Attorney since then and the rates have not been adjusted since October 2004. As a part of the Salary and Benefit Survey, Staff obtained contract rate data as follows: (The City of Cocoa was not used as a comparison because a retainer is in effect. The City of Cocoa Beach* rate is fixed at $10,000/month for up to 50 hours of work and below thereafter.) Non -Litigation Rates Litigation Rates City of Cocoa Beach* 224.00 224.00 City of Indialantic 190.00 190.00 City of Melbourne Beach 189.62 189.62 City of Satellite Beach 150.00 180.00 Average 188.41 195.91 Overall Average 192.16 If the City Attorney had received a yearly Consumer Price Index (CPI) increase since 2004, the rates would have changed as follows: 2004 Present Non -Litigation 130.00 164.94 Paralegal 55.00 69.78 Litigation 150.00 190.31 Staff, at all levels, enjoys a positive, productive working relationship with the City Attorney's Office, Brown, Garganese, Weiss & D'Agresta is a full service firm. The City receives the benefits of research provided to the Firm's many other clients. Staff considers services provided as outstanding and overall timely. Members of the Firm make themselves available to meet the City's needs. The City Manager has conferred with the City Attorney related to the possible rate increase. Discussion/negotiation have produced Resolution 2013-26, attached, and proposes rate adjustment as follows: City Council Meeting Date: 12/17/2013 Item No. Z. Page 2 of 2 FY 2013/2014 FY 2014/2015 CPI thereafter Non -litigation Paralegal Litigation 160.00 85.00 160.00 175.00 85.00 175.00 Staff recommends adoption of Resolution 2013-26. Submitting Director: Angela M. Apperson Attachment: Resolution 2013-26 Date: al fob 3 Financial Impact: Although the exact fiscal impact cannot be stated because one cannot know the number of hours that will be worked, there are sufficient contingency funds to cover the increase for FY 2013/2014. Future impacts will be budgeted accordingly. P11') -J Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Count CouniI take the following action: Approve Resolution 2013-26. Approved by City Manager: David L. Greene City Council Action: [ 1 Approved as Recommended ], Disapproved [ I Approved with Modifications [ ] Tabled to Time Certain. , Date: /2,//01/3 RESOLUTION 2013-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO ITS CONTINUING AGREEMENT FOR LEGAL SERVICES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into an Agreement for Legal Services (hereinafter "Agreement") on or about March 18, 2003, with predecessor of Brown, Garganese, Weiss & D'Agresta, P.A. (hereinafter "Law Firm") for the provision of continuing legal services, and the rates were last amended approximately ten years ago by City Resolution 2004-40; and WHEREAS, the City has been and continues to be satisfied with the services provided by the Law Firm, City hereby agrees to an increase of compensation for such services as provided herein; and WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Amendment of Compensation — Fees and Expenses. The Agreement is amended such that Law Firm's billable rate for attorney legal services shall be $160.00 per hour, and not to exceed $85.00 per hour for paralegals of the Law Firm (if any) for time billed within City fiscal year 2013/2014. Commencing at the beginning of City fiscal year 2014/2015, the attorney rate shall be $175.00 per hour and not to exceed $85.00 per hour for paralegals. At the commencement date of each subsequent City fiscal year, the rates shall be adjusted for inflation. Said inflation adjustment will be based on the most current Consumer Price Index for the Southeast Region. All other terms and conditions provided with the Agreement shall continue in full force and affect. Section 3. Severabilitv. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5 Effective Date. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral, Florida Resolution No. 2013-26 Page 1 of 2 Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 17th day of December, 2013. ATTEST: Angela Apperson, MMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney ROCKY RANDELS, Mayor Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral, Florida Resolution No. 2013-26 Page 2 of 2 For Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12117/2013 Item No. Subject: Ordinance No. 16-2013; related to the Ron Jon Cape Caribe Resort; specifically modifying Ordinance No. 03-2008 to amend the restrictions of the rezoning imposed therein on certain real property totaling 1.2 acres, more or less, generally located along the north side of Shorewood Drive at the southwest corner of Jetty Park in Cape Canaveral to authorize a building consisting of dwelling units subject to the terms and conditions of the Cape Caribe Second Modification to the Binding Developer's Agreement approved by the City Council and Cape Caribe, Inc. in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date, first reading. Department: Community and Economic Development Summary: In March 2008, a 1.2 acre portion of the Cape Caribe Resort property was rezoned from R-3 Residential to C-1 Co i mercial in order to accommodate expansion of the pool and related amenities. With the adoption of Ordinance No. 03-2008, the use of the 1.2 acre parcel was restricted to: 1) recreational amenities and 2) parking. Since that time, the economy and market forces have caused Cape Caribe to reconsider product offerings and the configuration/location of buildings on the property. Accordingly, Cape Caribe is requesting that the restrictions on the use of this parcel be removed so that the master plan can be revised and timeshare units located in this area see attachment 1. The requested Ordinance revision will not result in additional density (more units); it merely allows for a reallocation of units already approved per the Binding Developer's Agreement adopted March 2010 and modified November 2011. The Ordinance was considered by the Planning and Zoning Board on October 23' 2013. The Board unanimously recommended adoption of the proposed Ordinance, see attachment 2. At the November 19„ 2013 City Council meeting the Ordinance was amended and adopted on first reading. After the meeting, it was determined that additional discussion between Staff and applicant were necessary to clarify questions/issues raised at the meeting. Accordingly, City Staff and Attorney met with representatives of Cape Caribe, Inc. and agreed to further revisions that clearly identify the type of development that will be allowed on the 1.2 acre subject parcel. Because of revised Ordinance Title and language, the first reading of the Ordinance is being conducted again, see attachment 3. Attachment 4 is the Second Modification to the Binding Developer's Agreement (BDA). The BDA will be considered at the second reading of Ordinance No. 16-2013 and is presented as a part of this item to further clarify the requested revisions. Proposed revisions are summarized: 3.0 - Modification of Section 5.0 of the BDA. Duration of Agreement. — The term of the agreement has been extended from 20 to 25 years. City Council Meeting Date: 12/17/2013 Item No. Page 2 of 2 4.0 — Modification to Section 6.0 of the BDA. Revised Site Plan. — References Exhibit "A" -Concept Plan as the Master Plan to guide future development and depicting the addition of building #8. 5.0 — Modification to Section 10.1 of the BDA. Phasing. Describes a type of unit to be constructed; states that the number of units is to be calculated based on the number of Keys; and provides definitions for "Lock Out" and "Key". 6.0 — Modification to Section 10.3 of the BDA. Concurrencv. Extends the period of concurrency reservation from 10 to 12 years. 7.0 — Modification to Section 11.0 of the BDA. Section 11.5 establishes that Ron Jon Cape Caribe Resort is a Vacation Resort Campus and that the Second Modification of the Binding Developer's Agreement shall be considered a master development agreement pursuant to Section 110-491. ' 8.0 - Addition of Section 37 of the BDA. Section 37 addresses Ordinance No. 16- 2013 which lists allowed uses on the 1.2 acre subject parcel. 9.0 — Modification to Section 15.0 of the BDA. Stormwater. Removes requirement for a permanent Stormwater Outfall for the Stormwater System. 10.0 - Modification to Section 18.0 of the BDA. Annual Review and Inspection Report. Makes the annual inspection optional at the determination of City Staff. Submitting Director: Barry Brown Date: 12/09/2013 Attachments: 1) Applicant's Letter of Request with Ord. No. 03-2008, 2) Planning and Zoning Board's Recommendation, 3) Ordinance No. 16-2013, 4) Revised Binding Developer's Agreement in st-r-i-ket-hcough and underline. Financial Impact: Cost of Ordinance/agenda item preparation, advertisement, codification. 0 4:5,1 Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Coung take the following action(s): Adopt Ordinance No. 16-2013, first reading. Approved by City Manager: David L. Greene O Date: / ko /7 City Council Action: [ ] Approved as Recommended [] Disapproved [ ] Approved with Modifications 1 Tabled to Time Certain Attachment 1 Cape Caribe, Inc. 1000 Shorewood Drive, Suite 200 Cape Canaveral, Florida 32920 (p) 321.784.8093 (0321.7843644 September 4, 2013 Barry Brown, Planning and Development Director City of Cape Canaveral, Florida PO Box 326 Cape Canaveral, FL 32920 Re: Ordinance No. 03-2008 Dear Mr. Brown: Please allow this letter to serve as our formal request for your consideration to amend Section 3 (A) & (C) of Ordinance No. 03-2008 (attached hereto) by removing the use restrictions of parking and recreational amenities from the property described in Exhibit "A". It is our desire that this request be placed on the October 23, 2013 meeting of the Planning and Zoning board for consideration, followed by the November and December City Council meetings. Please let me know the cost, if any, of this request at your convenience. Ken Ward 321.863.6189 ORDINANCE NO. 03-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, CHANGING THE ZONING MAP DESIGNATION OF CERTAIN REAL PROPERTY TOTALING 1.95 ACRES MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBITS "A" AND "B" ATTACHED HERETO, FROM "R-3 MEDIUM DENSITY RESIDENTIAL" TO "C-1 LOW DENSITY COMMERCIAL"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the owner of the Property subject to this Ordinance submitted an application to the City seeking to have the Property rezoned from R-3 Medium Density Residential to C-1 Low Density Commercial; and WHEREAS, section 110-34(d) of the City Code provides that the City may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owners of the Property that would otherwise be denied by the City's land development regulations in the same zoning district; and WHEREAS, the Planning and Zoning Board and City Staff have recommended approval of this Ordinance at the February 27, 2008 Planning and Zoning Board meeting with the condition that a certain portion of the Property be restricted to recreational amenities and parking; and WHEREAS, the owner of the Property consents to the use restrictions set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public hearing on the proposed zoning change set forth hereunder and considered findings and advice of staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and after complete deliberation, hereby finds the requested zoning change, along with City of Cape Canaveral Ordinance No. 03-2008 Page 1 of 4 the use restrictions set forth herein, consistent with the City of Cape Canaveral Comprehensive Plan and that sufficient, competent, and substantial evidence supports the zoning change set forth hereunder; and WHEREAS, the City Council hereby fmds that this Ordinance serves a legitimate government purpose and is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, Florida. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246, is hereby amended to include a change of classification from "R-3 Medium Density Residential" to "C-1 Low Density Commercial District" for the real property depicted and legally described on Exhibits "A"and "B," which are attached and incorporated herein by this reference. Section 3. Restrictions of Rezoning. A. Restrictions imposed. Pursuant to the authority set forth in section 110-34(d) of the Cape Canaveral Code of Ordinances, the City Council hereby restricts the use of the real property depicted in Exhibit "A" ("Restricted Property") to the following: 1. Recreational amenities. 2. Parking. Any use of the Restricted Property other than those specifically enumerated herein, shall be prohibited. B. Special exception for alcoholic beverages. Notwithstanding the use restrictions imposed by this Section, nothing herein shall prohibit the owner of the Restricted Property from submitting an application to the City for a special exception for on -premises sale, dispensing, serving, storing or consumption of alcoholic beverages pursuant to section 110- 334(c)(6), Cape Canaveral City Code. If submitted, the City shall process the application in accordance with law, and the application shall be subject to any applicable review criteria set forth in the City Code. Further, nothing herein shall require the City to approve any such special exception application. City of Cape Canaveral Ordinance No. 03-2008 Page 2 of 4 C. Restrictions to run with the land The restrictions imposed by this Section shall run with the land, without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the Restricted Property and this Ordinance in accordance with the procedures set forth in the Cape Canaveral City Code. D. ficial zoning maps to be updated. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance. Any such amendment shall reference the use restrictions imposed pursuant to this Section. Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in the Official Records of Brevard County, Florida. Section S. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This ordinance shall become effective immediately upon the effective date of Ordinance 02-2008 as adopted by the City Council of the City of Cape Canaveral, Florida. If Ordinance 02-2008 does not become effective, then this Ordinance shall become null and void. ADOPTEDliy;Yhe.City Council of the City of Cape Canaveral, Florida, this 2a' day of March, 2b1Q. _... CZ)C14A4CCI'-fga ROCKY RANDELS Mayor ATTEST: For Against Bob Hoog Motion Buzz Petsos X_ MIA GO OR'Fjji &fir ity Clerk Rocky Randels X_ C. Shannon Roberts X_ Betty Walsh Second First Reading: Legal Ad published: Second Reading: March 18, 2008 February 23, 2010 March 2, 2010 City of Cape Canaveral Ordinance No. 03-2008 Page 3 of 4 Approved as to legal form and sufficiency for the City a averal only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 03-2008 Page 4 of 4 DESCRIPTlO.N. . NOT A BOUNDARY SURVEY 1144 u, I. . 1 6101 Jj.., EXHIBIT ��u hLIIl7i16 al ;411111 �I%pL lidiT, 1 A DESCRIP770N OF EASEMENT A portion of Government Lot 1. Section 14, Township 24 South, Range J7 East. Brevard County, Flonido, being mora particularly described as follows: Commence at the Northwest corner of said Government Lot 1; thence SO1290111 along the West line of said Government Lot 1, o distance of 260.06 feet. to the PONT OF B£GINN/NG of the herein described parcel; thence N89'45'43E o distance of 243.76 feet; thence S001417E. a distance of 216.99 feet; thence 5894349'W, o distance of 23905 feet. to a point on the West line of sold Government Lot 1: thence N0129'01"WV, along the West line of sold Government Lot 1. o distance of 217.04 feet, to the POINT OF BEG/NH1NG• Containing 1.20 acres. more or less. SURVEYOR'S NOTE'S: 1. 1)115 15 NOT A SURVEY. 2. The bearings shown ore based on o bearing of S0129OT £ along the West line of Government Lot 1. 3. • Denotes o chongo in direction (no comer found er set). SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS DESCRIPTION. SHEET 2 OF 2 PREPARED 8Y: LLEN ngineering, Inc. SURVEYORS - £NGINRLBS 106 DIXIE LANE (P.O. BOX 321321) COCOA BEACH, FLORIDA 32932-1321 TELEPHONE: (321)783-7443 FAX: (321)763-5902 CER1IF1CA TE OF AUTHOR2A71ON # 1,8 286 3.I 2. 1. d08 N0. 980129 DATE: 12-07-07 SURVEYOR'S CERTIFICATION; 1 hereby certify that the attached Properly Oescrltion was prepared tai under my direction, in accordance with all applicable requirements of o the illinlmum Technical Standards, for land surveying in the State of Florida described in Chapter 61017-6. Florida Ad • Code. pursuant to Chapter 472.027, Florida Statutes. Nol valid without fie signature and the original raised seal of a Florida licensed surveyor and mapper. INC PREPARED AND Ct:RAF1cD FOR: HC.8 ONAL SURtVE OR MAPPER A REGSTRA T10N No. 4222 TpNStE REALTY, INC. Go �1 SKETCH TO ACCOMPANY DESCRIPTION NOT A BOUNDARY SURVEY POINT OF CO,NMENCEkE7yj NORTHWEST OORNLR OF GOVERNMENT LOT WEST LVE POINT r PREPARED BY: LLEN �,: ,.. ngineering, Inc. GRAPHIC SCALE 4.1 SHEET 1 OF 2 SEE' SHEET 2 OF 2 FOR DESCRIPTION. SURVEYOR'S CER77F7CA77ON AND SURVEYOR'S NOTES. PREPARED AND CERRF1ED FOR: OP GOVERNMENT LOT OF BEGINNING .CANAVERAL PORT AUT'iEORIT Y N8945'43 24376' SUBJECT PARCEL 1.20 ACRES t 5.89'45149'W. 239.05' CAPE CARIBI: n * • SURVEYORS - ENGINEERS 108 DOME LANE (P.O. BOX 321321) COCOA BIRCH, FLORIDA 32932-1321 IF1EPx0112 (321)793-7413 PAX: (321)783.390E CERTIFICATE OF AUTHORIZATION # 1.8 266 2. Iz T. 0A1E: 12-07-07 ' DRAWN 9Y: KSC .108 NO. 980129.E SCALE: 1...50' TOWNE REALTY, INC 02.1, S1E r1 OF1 - A PORTION OF GOVERNMENT LOT 1, SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGIN AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1; THENCE RUN S01'29'01"E ALONG THE EAST UNE OF SAID GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH RIGHT OF WAY UNE OF SHOREWOOD DRIVE; THENCE RUN 589'45'43"W ALONG SAID NORTH RIGHT OF WAY UNE. 56.02 FEET TO A POINT 66.00 FEET PERPENDICULAR DISTANCE TO THE AFORESAID EAST LINE OF GOVERNMENT LOT 1; THENCE RUN N01'29'01"W PARALLEL WITH AND 66.00 FEET PERPENDICULAR TO SAID EAST UNE OF GOVERNMENT LOT 1, 500.12 FEET TO A POINT ON THE NORTH UNE OF SAID GOVERNMENT LOT 1; THENCE RUN N89'45'43"E ALONG SAID NORTH UNE, 66.02 FEET TO THE POINT OF BEGINNING. . SAID LANDS CONTAINING 33,008 SQUARE FEET (0.758 ACRES) MORE OR LESS. GRAPHIC SCALE 0 50 100 200 ( IN FEET 1 INCH p 100 FEET MILLER '= LEGG :ezt *au Matt•: C/3=*.r' J. Catimaate of Aal"°Claollo" LAI. MO 1.4{1!4 !A. 414:1410 t X • z s 0 0 0 0 NOT PLATTED 802.69' NORTH UNE OF GOVMNM£NT LOT 1 EIII Clna .i EXihHIliBR. ,IiiaLp -LI$c6i1La.:1hlfl3.11.:G1Li dA.JILI ,:i N89'45'43"E POINT OF BEGINNING 66.02NORTHEAST GJ CORNER OF GOVERNMENT LOT 1 — 65.00' -- • O NOT PLATTED • O O REMAINDER NOT PLATTED TA O rj O 4 m �+ O 8 O NOT PLATTED 0 -{ — 813.67' NOR HT OF WAY LINE OFR SHOREWOOD DRIVE SHOREWOOD DRIVE S89'45'43"W En 66OR•RIGHT OF 3482 PG 359 AY 66.02' i OR 3587 PG 2157 0 = CHANGE OF DIRECTION OR= OFFICIAL RECORD BOOK PG= PAGE 86.00'— i l Mir Warr L.NT _- YIIi AIL wo,r 19 9L "' I .1alt ROOM a lI WI lom Cr n RAM =OM= } oils PVL€ $T 10 m�1 Qsa47. OAaA v TAT\ On Cr OLmAhc ua, A6 f RA!. H OMA4 SXOW NIDItmank ait+,Aw WPM STATE Cr TL1112610.Rraom*TRAA.0 Ita sim not low urn= On MAT= .00 136C 0=01 IN= 17.140, A 110024 WM= IMM Omomen ACS an= DM NOR l4PRLLTsl4T A 001140 WY ILR�i'• 00.=1 40 oi�T1 ASxn-001 immataturo► o ma1'iN.miaow mesuoi_eAILaeAVAYa"L.ia4riv"Owet.Ar ft Min 013010 3/wriy anmml Attachment 2 Community & Economic Development llepartment Memo TO: Barry Brown, Planning & Zoning Director FROM: Susan L. Chapman, Secretary, Planning & Zoning Board g#' THROUGH: R. Lamar Russell, Chairperson, Planning & Zoning Board )')°79 DATE: October 29, 2013 RE: Recommendation to City Council - Amending Ordinance No. 03-2008, to Remove Restrictions on Allowable Uses in the C-1 Zoning District - Cape Caribe, Inc., Applicant At Planning & Zoning Board Meeting held on October 23rd, 2013, the Board heard a presentation from the applicant, reviewed and held discussion regarding the proposed ordinance, and unanimously recommended City Council adopt the proposed ordinance, as presented. Attachment 3 ORDINANCE NO. 16-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RELATED TO THE RON JON CAPE CARIBE RESORT; SPECIFICALLY MODIFYING ORDINANCE NO. 03-2008 TO AMEND THE RESTRICTIONS OF THE REZONING IMPOSED THEREIN ON CERTAIN REAL PROPERTY TOTALING 1.2 ACRES, MORE OR LESS, GENERALLY LOCATED ALONG THE NORTH SIDE OF SHOREWOOD DRIVE AT THE SOUTHWEST CORNER OF JETTY PARK IN CAPE CANAVERAL TO AUTHORIZE A BUILDING CONSISTING OF DWELLING UNITS SUBJECT TO THE TERMS AND CONDITIONS OF THE CAPE CARIBE SECOND MODIFICATION TO BINDING DEVELOPER'S AGREEMENT APPROVED BY THE CITY COUNCIL AND CAPE CARIBE, INC. IN CONJUNCTION WITH THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Cape Caribe, Inc. is the current fee simple owner of record of certain real property in Cape Canaveral, depicted and legally described in Exhibit "A," said Property being part of the approved master site plan for the Ron Jon Cape Caribe Resort ("Property"); and WHEREAS, the City Council adopted Ordinance No. 03-2008 on March 2, 2010, which changed the zoning designation on the Property from "R-3 Medium Density Residential" to "C-1 Low Density Commercial," subject to certain restrictions limiting the use of the Property to recreational amenities and parking; and WHEREAS, Cape Caribe, Inc. desires to have the rezoning restrictions on the Property amended so it may pursue revisions to the Ron Jon Cape Caribe Resort master site plan to address changes in market demand that have occurred since the restrictions were implemented; and WHEREAS, in conjunction with the adoption of this Ordinance, Cape Caribe, Inc. and the City have agreed to the terms and conditions set forth in the Second Modification to Developer's Agreement specifying requirements for the additional building authorized by this Ordinance; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape City of Cape Canaveral Ordinance No. 16-2013 Page 1 of 3 Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Ordinance No. 03-2008. The City Council of the City of Cape Canaveral hereby amends Ordinance No. 03-2008 to modify the restrictions and authorized uses of land for the Restricted Property as set forth in Section 3 A. to include the following use: 3. A building consisting of dwelling units in accordance with the terms and conditions set forth in the Binding Developer's Agreement between the City and Cape Caribe, Inc., recorded April 22, 2010 at Official Record Book 6152, Page 2042, as amended by the Modification to Binding Developer's Agreement, recorded January 18, 2012 at Official Record Book 6521, Page 1746, and as amended by that certain Second Modification to Binding Developer's Agreement approved by the City Council on the same date as this Ordinance and dated January , 2014. All other terms and conditions and land use restrictions set forth in Ordinance No. 03-2008 not modified by this section shall remain in full force and effect. Section 3. Staff Instructions. City staff is hereby directed to promptly amend the City's Official Zoning Map upon the effective date of this Ordinance to reference the modified use restriction authorized and imposed by this Ordinance and Ordinance No. 03-2008. In addition, upon adoption and full execution of this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in the Official Records of Brevard County, Florida. This Ordinance shall run with the land in the same manner as Ordinance No. 03-2008. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and at such time the Second Modification to Binding Developer's Agreement is duly executed by Cape Caribe, Inc. and the City City of Cape Canaveral Ordinance No. 16-2013 Page 2 of 3 and recorded in the Official Records of Brevard County, Florida. If the Second Modification is not recorded within 90 days of this Ordinance being approved by the City Council, this Ordinance shall be deemed null and void. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of January, 2014. ATTEST: ANGELA APPERSON, MMC City Clerk First Reading: Legal Ad published: Second Reading: Rocky Randels, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 16-2013 Page 3 of 3 mamma . NOTA nouramn s1 Y - 40iiirupi''pIdd OFEASEMENV Swam 14r :anss $ H Soak Row 37 East bawd Cam* Rad* babe woe emodille it bt Mart/ma mow of Ladd Coe�e+att tot SOI ot➢ap lbw Mot Mao of rail Cb�r of Let , o dams r! 260 Qf test, to Mg PONTof Id1 dooribad poet* Dance mono= o Mato i i o/ 25771 holt ewes SOOTf'17'$ a e#lrtosoe o/ MRS hal Mao= St7tiari Lt o (Maws of =LOS lad t Lot . o ittancmitt ii oflta oa Mot am to tae W tok mkt ittpoonstat tat k Masco by as or 91:0°M ciao" MR Mot Mao•+ •m SURVEYOR'S NO7& 1. MRS 1S tiOr A 3TERIEK Z aro used to a *Wm of S0HOtir'E aloe, 1Rsl Fa at 3. • Oarotei a ammo is *neuro (ca wow lowed or safe SEE SHEET 1 OF 2 MR 1111: SAE= 1O AccouN NY 71110 DESC15011011. S7i1ZT 2 Ge 2 11111210 rt Of74i1Wt - 11M11403 UM ME Uta (P.a. BO! 131731) UGH, 3171-staust =Mk1 CERISIOME OF 41111CRIZA1SONf #111 11 2 z R does ttaa 261A29 s W& t2-417.-1. 288 1 S1IMR$ Gf74 IG'iOTON: 1 WO7 mitt Fat do Mead maw divallas. At agoonlanoreataitaYinibikt Z panraR1 102 atelier 47=17.7. Rad* Ilbt soAe mead ow st tatanr oaf Ma WPM rotted sed of o ttaOfl oaf mapper. rit1O S3RW11S N REALIT D SKETCH TO. ACCQ P JP - Nor A BOUNDARY SUROEY 0 SUBJECT PARCEL 0lORLZ�b -MUM 1118 RCS tektil. DX 2M OM MMil. =Min lna FA fligna-U91 CCIVIRMIE OF AMORIZADON i ID d1y & h 0-4;-07 palm op IAC a8 I. . SUMS 1 SCAM rax. 230 Amor CPS' P' Rua rate efWlm 004E SST 1 OF 2 SIEWHEET2Or2FOR DESCIFFROM SVREYORS 0017 1170411011 AND STI9P1E7f?RSS MONS AMMO NO ORUR O Alii! - MAT REAM Ira Attachment 4 THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese. City Attorney of Cape Canaveral Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425-9566 CAPE CARIBE SECOND MODIFICATION TO BINDING DEVELOPER'S AGREEMENT THIS SECOND MODIFICATION TO BINDING DEVELOPER'S AGREEMENT ("Second Modification") is made on this day of January, 2014 by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation ("City") and CAPE CARIBE, INC., a Florida Corporation ("Owner") whose principal address is 1000 Shorewood Drive, Suite 200, Cape Canaveral, FL 32920. WITNESSETH: WHEREAS, this Agreement is a second modification to a developer's agreement entered into pursuant to the Florida Municipal Home Rule Powers Act, codified in Chapter 166, Florida Statutes; and WHEREAS, Owner is the current fee simple owner of record of certain real property and holds easements over certain real property located within the City of Cape Canaveral and more particularly described herein ("Property"); and WHEREAS, Owner and City previously entered into that certain Binding Developer's Agreement recorded on and with an Effective Date of April 22, 2010 in the Public Records of Brevard County, Florida at Official Records Book 6152, Page 2042, as amended by that certain Modification to Binding Developer's Agreement recorded on January 18, 2012 in Official Records Book 6521, Page 1746 of the Public Records of Brevard County, Florida (collectively referred to as "BDA"); and WHEREAS, pursuant to Section 6.0 of the BDA, the Owner amended the Revised Site Plan by submitting certain revisions to Building 5 as set forth in the signed and sealed site plan — Building 5 prepared by Allen Engineering, Inc., dated August 26, 2013 and approved by and on file at the City of Cape Canaveral, City Hall; which reduced the size of the building and the number of units in Building 5 than was depicted in the Revised Site Plan; and WHEREAS, Owner desires to further amend the Revised Site Plan by reducing the size of building 4 and the number of units in building 4 as shown on the Revised Site Plan and adding a new building 8 utilizing the units previously in buildings 4 and 5 (without exceeding the total units allowed in the Revised Site Plan or BDA) as depicted in the conceptual site drawing attached hereto and referred to hereinafter; and WHEREAS, Owner also desires to locate the new building 8 on a portion of the Property which is currently restricted by Ordinance No. 03-2008 for only recreational amenities and parking uses; and WHEREAS, in conjunction with this Second Modification, Owner has requested an amendment to Ordinance No. 03-2008 to allow for the addition of building 8 on the restricted portion of the Property consisting of only dwelling units (as more specifically defined by Section 110-1, City Code) and subject to the terms and conditions of this Second Modification; and WHEREAS, Owner further desires to amend the development schedule as set forth in the BDA due to current economic conditions; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Second Modification; and WHEREAS, the City Council finds this Second Modification to be consistent with the City's Comprehensive Plan and land development regulations. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the City's home rule powers granted by the Florida Constitution and the Florida Municipal Home Rule Powers Act. 3.0 Modification to Section 5.0 of the BDA. Section 5.0 of the BDA shall be modified as follows (underlined type indicates additions to and strilethr-eugli-type indicates deletions from the existing text of the BDA): 5.0 Duration of Agreement. This Agreement shall be binding on the Property for a term of twenty five (25) years from the Effective Date unless sooner terminated pursuant to Section 17.0 herein. Any extension to this Agreement shall be evidenced in a written amendment hereto, executed by both parties and approved by the City Council consistent with Section 22.0 herein. DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 2 of 9 4.0 Modification to Section 6.0 of the BDA. Section 6.0 of the BDA shall be modified as follows (underlined type indicates additions to and StpilEetlifettgli type indicates deletions from the existing text of the BDA): 6.0 Revised Site Plan. Owner agrees to develop the Property in accordance with its revised site plan, approved by the City Council on March 2, 2010 ("Revised Site Plan"), effective consistent with Section 16.0 herein, and pursuant to the terms and conditions of this Agreement and all applicable laws. The Revised Site Plan is depicted on the signed and sealed site plans prepared by Allen Engineering, Inc., dated April 1, 2008 (revised on February 25, 2009) and on file at Cape Canaveral City Hall, as amended by the site plan for Building 5 Prepared bv Allen Engineering. Inc. dated August 26. 2013: revised on October 4. 2013 and on file at Cape Canaveral City Hall. As a matter of convenience, and at the request of Owner, the Revised Site Plan may be amended from time to time by the City without further amendment to this Agreement. Any such amendment to the Revised Site Plan shall automatically be incorporated herein by this reference. Additionally. the parties acknowledge that it is the Owner's intention to further amend the Revised Site Plan consistent with the conceptual site plan attached hereto as Exhibit "A" ("Concept Plan") depicting the addition of building 8 and the reduction in size of buildings 4 and 5. 5.0 Modification to Section 10.1 of the BDA. Section 10.1 of the BDA shall be modified as follows (underlined type indicates additions to and stfiketiffougk type indicates deletions from the existing text of the BDA): 10.1 Phasing. The Concept Revised Site Plan depicts a total of eight (8) seven (7) buildings containing 600 hotel and resort condominium units. The number of units are calculated based on the number of Kevs as defined below. The parties acknowledge that some of the units constructed (or to be constructed) on the Property have been (or will be) designed so that a portion of the unit may be divided bv a lockable door into a separate smaller independent living and sleeping area known in the industry as a ("Lock Out"). In such case both the remaining portion of the original unit and the Lock Out have independent sleeping and cooking facilities consisting of a kitchen or kitchenette and both are accessible to the outside bv a separate exterior door with a separate kev. The parties further acknowledge that in such cases both the remaining portion of the original unit and the Lock Out shall be considered as two (2) separate units for density calculation purposes under the Citv's Code and the Agreement and each hereinafter shall be referred to as a kev ("Key"). Consistent with the Original Site Plan and as of the Effective Date, Buildings 1 and 2 containing 206 Keys units are constructed on the Property. Subject to the termination provisions set forth in Section 17.0 herein, Owner and City agree that Owner shall be permitted to phase the development of the remaining six (6) five (5) unconstructed buildings, designated as Buildings 3 through 8 ("Remaining Buildings"), and containing a total of 394 Kevs its, in accordance with the Revised Site Plan and Concept Plan pursuant to the following development schedule: DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 3 of 9 10.1.1 No later than five (5) years from the Effective Date, Owner shall submit the building permit application to construct the first building of the unconstructed Remaining Buildings. 10.1.2 No later than ten (10) years from the Effective Date, Owner shall submit the building permit application to construct the second building of the unconstructed Remaining Buildings. 10.1.3 No later than fifteen (15) years from the Effective Date, Owner shall submit the building permit application to construct the third building of the unconstructed Remaining Buildings, provided that the first and second buildings of the Remaining Buildings are substantially complete or have received a certificate of occupancy. 10.1.4 No later than twenty (20) years from the Effective Date, Owner shall submit the building permit application to construct the fourth building of the unconstructed Remaining Buildings, provided that the third building of the Remaining Buildings is substantially complete or has received a certificate of occupancy. 10.1.5 No later than twenty-five (25) years from the Effective Date, Owner shall submit the building permit application to construct the fifth and sixth buildings of the unconstructed Remaining Buildings, provided that the fourth building of the Remaining Buildings is substantially complete or has received a certificate of occupancy. 6.0 Modification to Section 10.3 of the BDA. Section 10.3 of the BDA shall be modified as follows (underlined type indicates additions to and strikethrough type indicates deletions from the existing text of the BDA): 10.3 Concurrency. The City agrees to issue Owner an initial concurrency compliance certification for all levels of service of the various public facilities to support the specific impacts of the proposed development consistent with the requirements of Chapter 86 of the City Code. This certification shall reserve concurrency capacity for the Property for a period of twelve (12) ten (10) years from the Effective Date ("Initial Concurrency"). Notwithstanding the above, the Owner acknowledges that concurrency for Potable Water from the City of Cocoa may be reserved for a period less than twelve (12) ten (10) years, therefore the City agrees to reserve the maximum term available for the Property. 7.0 Modification to Section 11.0 of the BDA. Section 11.5 is hereby adopted: 11.5 The City and the Owner acknowledge that the City has repealed Section 110-486, Resort Condominium, have adopted Section 110-491 (codified as 110-490.1) Vacation Resort Campus and have amended Section 110-487, Rental Restrictions on DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 4 of 9 Dwelling Units. The City acknowledges that Ron Jon® Cape Caribe Resort on the Property is a Vacation Resort Campus, as defined, under Section 110-491 and the BDA, as amended by this Second Modification and thereafter, shall be considered a master development agreement pursuant to Section 110.491. 8.0 Addition of Section 37 of the BDA. Section 37.0 is hereby adopted: 37.0 Ordinance 16-2013. Owner has made an application to amend the certain use restrictions set forth in Ordinance No. 03-2008 which restricts the use of approximately 1.2 acres of the Property. Building number 8. which is proposed on the Concept Plan. is to be located within this 1.2 acres of restricted use property. In coniunction with the approval of this Second Modification bv the parties, Ordinance 16-2013 was adopted bv the City, with the full consent of Owner, to allow for the construction of building number 8 containing dwelling units (as more specifically defined under Section 110-1. City Code) consistent with those currently existing on the Property in the buildings identified as Buildings 1 and 2 on the Revised Site Plan. The dwelling units in building 8 may include Lock Out units subiect to the provisions of Section 10.1 herein. 9.0 Modification to Section 15.0 of the BDA. Sections 15.0, 15.1 and 15.4 are modified and 15.2 and 15.3 are deleted as follows (underlined type indicates additions to and stiketlifeugh type indicates deletions from the existing text of the BDA): 15.0 Stormwater Management. The Property is served by a stormwater system approved by the City and the Florida Department of Environmental Protection ("DEP"). This stormwater system consists of a series of retention trenches, ponds and swales located on the Property and on the properties located immediately adjacent to the Property, commonly known as "Solana Shores" and "Solana Lake", which trenches and ponds cooperatively serve as the stormwater management system for the Property and the aforementioned adjacent properties ("Stormwater System"). Based on drainage computations and exhibits provided by Allen Engineering, dated September 4, 2009, the City has determined the Stormwater System provides sufficient storage capacity as required by City Code for the Property depicted on the Revised Site Plan. However, the City is desirous to have Owner establish an Emergency Drawdown Plan to assure that excess stormwater can be removed from the Stormwater System in an expeditious manner prior to a Storm Event, as defined herein. In addition, tho City dcsircs the 15.1 Emergency Drawdown Plan. Owner has . . to established an emergency drawdown plan ("Plan") and has obtained approval from DEP pursuant to the Environmental Resource Permit No. ERP05-0151977-006-EM issued by the Florida Department of Environmental Protection dated July 14. 2011 which is acceptable to the City to drawdown the water levels of the Stormwater System. Owner shall perform an emergency drawdown of the Stormwater System in accordance with its Plan prior to any hurricane, tropical storm, or any 100 -year storm event (defined as producing 11 or more inches of rainfall within a 24-hour period) DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 5 of9 (collectively, '`Storm Event") forecast to affect the City of Cape Canaveral when the Stormwater System water levels are above the Plan elevation. Owner shall be responsible for securing, maintaining and operating the necessary equipment to facilitate the pumping of excess stormwater from the Stormwater System and through the Canaveral Port Authority's ("Port's") stormwater system. 15.1 Sr. new b'aild4rg sh pe:riit modification from tho DEP for tho Stormwator Systom. Furthcrmoro, tho Ownerzs-applieatien-fer-the sl�rwii. o n all -t-.11 include-, but :a1 -be aaigi: and . of a b,.iilding-p eei3'o'ecifd: a `rine-exisirlg Stn.. design that provides for an outfall of the Stormwatcr System through the Port'a tfall Jhrll be designed existing Solara Lak: ne 15.32 Pern- . Approml. System. Th i#i&dificati ia' o' that reassn =rucking wrif n d fcationo to the Stormwater that all :t3^m.. len sr tho 15.42 Other Conditions. The Plan shall be maintained on file at the City's Building Department and shall include documentation demonstrating that the DEP and the Port have perpetually authorized Owner to pump stormwater out of the Stormwater System through the use of the Port's public stormwater conveyance system. Such authority to pump through the Port's system shall be demonstrated in a perpetual, recorded easement in a form acceptable to Owner and the City Attorney. Upen4ssuanee of . - e - • ` - ' , The Owner, subject to Section 15.3, shall be responsible for maintaining the Plan and shall have the Stormwater aim -Oil Systems inspected at least annually by a licensed engineer and shall provide the City with a written inspection report following each inspection. 10.0 Modification to Section 18.0 of the BDA. Section 18.0 of the BDA shall be modified as follows (underlined type indicates additions to and strip type indicates deletions from the existing text of the BDA): 18.0 Annual Review & Inspection. Report. At the discretion of the City, the City's Building Official and Planning & Development Director shall coordinate with Owner to schedule an -annual a review and inspection of the Property by the City to determine if Owner has demonstrated good faith compliance with the terms and conditions of this Agreement. The annual review and inspection pursuant to this Aereement shall occur eaeh DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 6 of 9 - - - - _ no more freauentiv than annually and the findings of the Building Official and Planning & Development Director shall be memorialized in a written report ("Annual Report"), a copy of which shall be provided to Owner. Further, the ,",raluill 11 The annual inspection permitted under this Section shall not be construed or interpreted in anv wav to limit the Citv's richt to inspect the Property for other Purposes in accordance with the City's police Dowers. 11.0 Recordation. This Modification shall be recorded in the public records of Brevard County, Florida, and shall run with the land. 12.0 Miscellaneous. All terms and conditions of the BDA and other development approvals by the City for the project, which are not expressly and specifically modified by this Second Modification, shall continue to remain in full force and effect. For purposes of future contract interpretation purposes, the BDA and the Second Modification shall collectively be referred to as the "Agreement" IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates indicated below. ATTEST: By: Angela Apperson, City Clerk CITY: City of Cape Canaveral, a Florida municipal corporation By: Rocky Randels, Mayor Date: APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only Date: By: Anthony A. Garganese City Attorney, for the City of Cape Canaveral, Fl. DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 7 of 9 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2014 by Rocky Randels and Angela Apperson, well known to me to be the Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. (NOTARY SEAL) Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness Notary Public Signature Print Name Notary Public, State of Commission No.: My Commission Expires: OWNER: Cape Caribe, Inc., A Florida Corporation By: John R. Grandlich, It's Vice President Date: DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 8 of9 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 2014 by John R. Grandlich, as Vice President of Cape Caribe, Inc., a Florida Corporation, on behalf of said company. He is personally known to me or produced as identification. (NOTARY SEAL) Notary Public Signature Print Name Notary Public, State of Commission No.: My Commission Expires: DEVELOPER'S AGREEMENT City of Cape Canaveral / Cape Caribe, Inc. Page 9 of 9 r Exhibit "A" CONCI1 'PT PLAN Ron Jon Cape Caribe Resort "In 111"1 #„111..11i1 ! 11111,Y10 r, flH Ill City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/17/2013 Item No. Subject: Ordinance No. 17-2013; adopting a new Chapter 92 of the Cape Canaveral Code of Ordinances entitled "Fertilizer Land Application"; regulating pollutant runoff and the application of fertilizers as required by law; providing for purpose and intent; definitions; applicability; timing of fertilizer application; fertilizer free zone; !ow maintenance zone; fertilizer content and application rates; application practices; management of grass clippings and vegetative matter; exemptions; training; licensing requirements; enforcement and monitoring; and penalties; amending Section 2-283 of the Code of Ordinances to designate violation of Chapter 92 as a Class 1 code enforcement violation; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability and an effective date; first reading. Department: Public Works Services Introduction: The Indian River Lagoon (IRL) system is a nationally renowned estuary that supports both remarkable biological diversity and recreational resources. However, in recent years seagrass beds in the IRL have been severely impacted by a number of environmental factors including (1) excessive freshwater discharges (changes in salinity), (2) discharges of pollutants through stormwater and wastewater and (3) pollutants from organic -rich muck (legacy load). The pollutants of primary concern, include the nutrients nitrogen and phosphorous, which can create eutrophic (oxygen - depleted) "dead zones" when present in higher concentrations. Due to these and other factors, the iRL system (including the Banana River Lagoon) has been designated an impaired waterway by Florida Department of Environmental Protection (FDEP) and is subject to a higher level of environmental regulation. There are a number of known sources of nutrients to the IRL system including: • Septic systems; • Stormwater runoff (including fertilizer); • Reclaimed water (improper use); • Atmospheric deposition; • Wastewater treatment plant discharges; and • Organic -rich muck (legacy load). All of these pollutant sources contribute nitrogen and phosphorous to the IRL system and promote the growth of algal/bacteria blooms, which block sunlight from reaching seagrasses and consume oxygen during their life -cycles. The lack of sunlight, in turn, inhibits the growth of seagrasses, thus destroying critical habitat for fish, oysters and other lagoon life. The lack of oxygen, in turn, causes fish kills and other "die -offs" of lagoon life. City Stormwater Improvement Programs. The City of Cape Canaveral (City) has un,dertaken/will undertake numerous activities to reduce the discharges of nutrients to the IRL system. Some of these past/future activities include: • Adhering to the requirements of the FDEP Total Maximum Daily Loads (TMDLs) Program which focuses upon water quality conditions necessary for seagrass re- City Council Meeting Date: 12/17/2013 Rem No. Page 2 of 4 growth (ongoing); Participating as a stakeholder in the Banana River Lagoon Basin Management Action Plan (BMAP) which requires planning, budgeting and execution of water quality improvement projects over the next 15 years (ongoing). Banning septic systems by City ordinance (complete); Updating and adding restrictions to City ordinances concerning solid waste and sediment runoff from construction sites (complete); Educating residents in the proper use of reclaimed water (ongoing); Constructing reclaimed water tanks to eliminate virtually all discharges from the City's wastewater treatment plant (ongoing); • Treating stormwater prior to discharge (nutrient -separating baffle boxes, stormwater ponds/swales, etc.) (ongoing); • Dredging of the Central Ditch (stormwater canal) to remove organic -rich muck (ongoing); and • Updating of the City's Stormwater Master Plan to identify additional, cost- effective stormwater improvement projects (FY14). The regulation of nutrient runoff to the IRL system, including both nitrogen and phosphorous contained in fertilizer, is another useful "tool" for local governments to improve and maintain water and habitat quality in the IRL system. State Model Fertilizer Ordinance. As part of the Banana River Lagoon BMAP, local governmental agencies located along impaired water bodies must, at a minimum, adopt the State model fertilizer ordinance. This ordinance (see Attachment #1) specifies a number of restrictions on fertilizer usage including: Timing of fertilizer application — fertilizer cannot be applied during forecasted heavy rain periods or where soils are saturated; Fertilizer free zones — fertilizer cannot be applied within 10 feet of surface water bodies; Low maintenance zones — encourage the construction of swale systems within 10 feet of surface water bodies; Fertilizer application rates: o Only no phosphate or low phosphate fertilizers may be applied without a soils test; o Only slow-release or controlled release nitrogen fertilizers can be used; o Application rates in accordance with Labeling Requirements for Urban Turf Fertilizers; o Fertilizer cannot be applied prior to seeding or sodding of a site; and o Golf courses, parks and athletic fields are exempt. o Application practices: o Deflector shields are required when fertilizing with rotary spreaders; o Fertilizer cannot be applied on impervious surfaces; o Fertilizer placed on impervious surfaces must be removed as soon as possible; and o Fertilizer should not be washed into stormwater inlets, ditches, etc. • Management of grass clippings — vegetative debris should not be washed into City Counci Item No. Page 3 of 4 eeting Date: 12/17/2013 stormwater inlets, ditches, etc.; and • Training and continuing education are required for commercial applicators. Additional Potential Restrictions. While the restrictions detailed in the State model ordinance are helpful in controlling fertilizer runoff, many governmental agencies adjacent to impaired water bodies have elected to provide more stringent regulations. These additional restrictions include: • Fertilizer cannot be applied during the "rainy season" from June 1 through September 30; • Only 50% slow release nitrogen fertilizer (at a minimum) can be used; and • Fertilizer containing phosphorous cannot be used without a soils test. Other Agencies. Many governmental agencies throughout Florida have adopted ordinances with these additional fertilizer restrictions. A summary of fertilizer ordinances being considered by Brevard County communities is as follows: • Rockledge — adopted ordinance includes rainy season ban; • Melbourne — adopted State model ordinance; • lndialantic — adopted ordinance prohibiting fertilizing during flood and storm watches; • Melbourne Beach - adopted ordinance prohibiting fertilizing during flood and storm watches; • Brevard County — adopted State model ordinance and is currently re -considering rainy season ban; • Cocoa — adopted State model ordinance and is currently reconsidering rainy season ban; • Satellite Beach — adopted ordinance with rainy season ban; • Palm Shores — adopted State model ordinance; • Indian Harbour Beach — considering State model ordinance; • Cocoa Beach — first reading adopted State model ordinance with rainy season ban; • Grant-Valkaria — voted against State model ordinance and plan a public workshop on issue; • Malabar — proposed ordinance includes rainy season ban; • Melbourne Village — adopted ordinance with rainy season ban; • Palm Bay — ordinance options still in discussion phase; • Titusville — first reading of ordinance adopted with rainy season ban; and • West Melbourne — no ordinances currently being considered. Based upon available scientific research and "success stories" from other cities and counties throughout Florida, Staff is proposing that the City Council adopt the State model ordinance with the additional restrictions. Adoption of this proposed City ordinance (see Attachment #2) provides yet another "tool" for the City to do its part in improving and maintaining the water and habitat quality of the Banana River Lagoon by limiting the impacts from fertilizer runoff. City Council Meeting Date: 12/17/2013 Item No. IL Page 4 of 4 Note: This proposed City ordinance was provided to the following organizations for review and comment: • FDEP [Lee Marchman]: • University of Florida — lFAS Extension in Brevard County [Linda Seals]; and • Fresh From Florida [Weldon Collier]. FDEP responded by letter to the City's request for review of the proposed City ordinance, Letter is included as Attachment #3. IFAS Extension in Brevard County verbally indicated that they do not support either the 50% slow release nitrogen fertilizer mandate or the fertilizer ban during the summer months. Fresh From Florida did not respond to the City's request. Enforcement and Monitoring. The proposed City ordinance will be enforced by the City's Code Enforcement personnel. Public Works Services Staff will also be trained to be observant for violations of the restrictions in the ordinance and for reporting violators, who will be subject to Class I citations as set forth in Chapter 2, Article VI of this Code. Future City Staff and Public Education. IFAS Extension Office in Brevard County informed City Staff of a new program being initiated to educate property owners concerning fertilizer usage. The Program is called "My Brevard Yard" and is a "hands- on" program that includes an educational seminar as well as property inspections by IFAS personnel. City Staff is working with, the IFAS Extension Office to organize the seminar which will be scheduled in early -2014. City Staff from Code Enforcement and Public Works Services, homeowners and landscape/maintenance personnel from local condominium/homeowners associations will be invited to attend. Submitting Director: Jeff Ratliff Attachments: #1 — State Model Ordinance #2 — Proposed City Ordinance No. 17-2013 #3 — FDEP Letter Date: 12/09/2013 Financial impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John DeLeo Date: 4)— I f." The City Manager recommends that City CounCiqake the following action: Approve Ordinance No. 17-2013, first reading. Approved by City Manager: David L. Greene Date: (2., City Council Action: ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 State Model Ordinance Florida Department of Environmental Protection MODEL ORDINANCE FOR FLORIDA -FRIENDLY FERTILIZER USE ON URBAN LANDSCAPES laltemate title: MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES] 2010 (Note: Title revision clavi!): There is no defined Florida-Friendlyferti/ltier product, as timing, chemisty, grade, amount, site -spec fc conditions and application practices all affect "Floridafriendliness".] INTRODUCTION This attached Model Fertilizer Use Ordinance is another tool to reduce sources of nutrients coming from urban landscapes to reduce the impact of nutrients on Florida's surface and ground waters. Limiting the amount of fertilizer applied to the landscape will reduce the risk of nutrient enrichment of surface and ground waters, but effective nutrient management requires more comprehensive control measures. Such a comprehensive approach is needed that may include, but is not limited to, land planning and low -impact development, site plan design, landscape design, irrigation system design and maintenance, fertilizer application, landscape maintenance, and waste disposal. To assist local governments in improving their existing land development regulations, several "model" ordinances have been developed. These include: • "Low Impact Design" ordinances which seek to reduce the impact of urbanization on our natural resources by stressing "source controls" that either minimize the generation of stormwater or minimize the pollutants that can get into stormwater. For example, promoting development designs that minimizes clearing of natural vegetation and the compaction of urban soils. A Model Springs Protection Code was developed by DCA, DEP, and other stakeholders that includes specific Land Development Regulation recommendations that promote Low Impact Design. This Model Code is available as Chapter 5 in Protecting Florida's Springs: An Implementation Guidebook. It is available at http:/ /www.dca.state.fl.us/ fdcp/DCP/springs/index.cfm. • "Landscape Ordinances" because design, construction, and maintenance are major determinants in the amount of fertilizer and irrigation that is needed to maintain healthy urban landscapes and minimize adverse impacts on water resources. A model Landscape Ordinance entitled "Guidelines for Model Ordinance Language for Protection of Water Quality and Quantity Using Florida -friendly Lawns and Landscapes" was developed by a group of agencies, industries, and interest groups over a two year period and published in 2003. It was fundamentally an adaptation of earlier water conservation ordinances revised to include water quality protections for compliance with Total Maximum Daily Load (TMDL) or stormwater NPDES permit requirements. The language focused on continuing education of lawn care and landscape professionals, proper planning and supervision during development and construction, and the use of best management practices, including the Florida - Friendly Landscape Program. This model ordinance has been renamed "Florida- Friendly LandscapingTM Model Guidelines for Ordinance Language for Protection of \Vater Quality and Quantity," updated in 2008 and 2010 and may be downloaded from: http: //www.dep.state.fl.tts/water/nonpoint /pubs.htrr. • Finally, the 2004 Florida Legislature directed Florida's water management districts to work with interested parties to develop landscape irrigation and Florida -Friendly design standards for new construction (section 373.228, F.S.). Local governments are to use the standards and guidelines when developing landscape irrigation and Florida -Friendly ordinances. The Committee on Landscape Irrigation and Florida - Friendly Design Standards convened and developed the standards. They are published in a booklet called Landscape Irrigation and F/orida:iriendbj, Design Standards (December 2006). The 2009 Legislature has directed that it be revised in 2011. The current version of this document can be downloaded from: http://www.dep.state.El.us/water/waterdolicv/land irr. htm 2 MODEL ORDINANCE FOR FLORIDA -FRIENDLY USE OF FERTILIZER ON URBAN LANDSCAPES (AUGUST 2010) 1. FINDINGS As a result of impairment to (MUNICIPALITY / COUNI'Y)'S surface waters caused by excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground water within the aquifers or springs within the boundaries of (municipality/county), the governing body of (municipality / county) has determined that the use of fertilizers on lands within (municipality / county) creates a risk to contributing to adverse effects on surface and/or ground water. Accordingly, the governing board of (municipality/county) finds that management measures /Guidance: optional "additional management measures than are othernase' j contained in the most recent edition of the "Florida_ friendly Best Management Practicer for Protection of Water Resources 19, the Green Industries, 2008," may be required by this ordinance. 2. PURPOSE AND INTENT This Ordinance regulates the proper use of fertilizers by any applicator; requires proper training of Commercial and Institutional Fertilizer Applicators; establishes training and licensing requirements; establishes a Prohibited Application Period; specifies allowable fertilizer application rates and methods, fertilizer -free zones, low maintenance zones, and exemptions. The Ordinance requires the use of Best Management Practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on (MUNICIPALITY / COUNTY)'s natural and constructed stormwater conveyances, rivers, creeks, canals, springs, lakes, estuaries and other water bodies. [Guidance: as appropriate] Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of (MUNICIPALITY / COUNTY) residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. 3. DEFINITIONS For this Article, the following terms shall have the meanings set forth in this section unless the context clearly indicates otherwise. "Administrator" means the (MUNICIPALITY / COUNTY) Administrator, or an administrative official of (MUNICIPALITY / COUNTY) government designated by the City/County Administrator to administer and enforce the provisions of this Article. "Application" or "Apply" means the actual physical deposit of fertilizer to turf or landscape plants. 3 "Applicator" means any Person who applies fertilizer on turf and/or landscape plants in (MUNICIPALITY / COUNTY). "Board or Governing Board" means the Board of City/County Commissioners of (MUNICIPALITY / COUNTY), Florida. "Best Management Practices" means turf and landscape practices or combination of practices based on research, field-testing, and expert review, determined to be the most effective and practicable on -location means, including economic and technological considerations, for improving water quality, conserving water supplies and protecting natural resources. "Code Enforcement Officer, Official, or Inspector" means any designated employee or agent of (MUNICIPALITY / COUNTY) whose duty it is to enforce codes and ordinances enacted by (MUNICIPALITY / COUNTY). "Commercial Fertilizer Applicator", except as provided in 482.1562(9) F.S., means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. "Fertilize," "Fertilizing," or "Fertilization" means the act of applying fertilizer to turf, specialized turf, or landscape plants. "Fertilizer" means an' substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. "Guaranteed Analysis" means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. "Institutional Applicator" means any person, other than a private, non-commercial or a Commercial Applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. "Landscape Plant" tneans any native or exotic tree, shrub, or groundcover (excluding turf). "Low Maintenance Zone" means an area a minimum of ten (10) feet wide adjacent to water courses which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. "Person" means any natural person, business, corporation, limited liability company, partnership, limited partnership, association, club, organization, and/or any group of people acting as an organized entity. 4 "Prohibited Application Period" means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of (CITY/COUNTY), issued by the National Weather Service, or if heavy rain' is likely. "(MUNICIPALITY / COUNTY) Approved Best Management Practices Training Program" means a training program approved per 403.9338 F.S., or any more stringent requirements set forth in this Article that includes the most current version of the Florida Department of Environmental Protection's "Florida fiiend/ y Best Management Practicerfor Protection of Water Resources ly the Green Inds/shies, 2008," as revised, and approved by the (MUNICIPALITY / COUNTY) Administrator. "Saturated soil" means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this ordinance, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. [Guidance: Some have questioned the enforceability If practical field definitions which should be considered before adoption.) "Slow Release," "Controlled Release," "Timed Release," "Slowly Available," or "Water Insoluble Nitrogen" means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. "Turf," "Sod," or "Lawn" means a piece of grass -covered soil held together by the roots of the grass. "Urban landscape" means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in s. 570.02. 4. APPLICABILITY This Ordinance shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the area of (MUNICIPALITY / COUNTY), unless such applicator is specifically exempted by the terms of this Ordinance from the regulatory provisions of this Ordinance. This Ordinance shall be prospective only, and shall not impair any existing contracts. [Guidance: In 403.9336, the Legislature firther/indr that local conditions, including variations m the ljpes and qua/its' of water bodies, sile-specific soils andgeoloy, and urban or trial densities and I World Meteorological Organization definition of heavy rain: Rainfall greater than or equal to 50 men (2 inches) in a 24 hour period. htln://severe.worldwealher.ora/rain/, and forecast keyword "likely'. httn://www.wrh.noaa.eov/sew/MediaGuide/TermsOutkwks Watches Wamines.ndf. 5 characteristics, may necessitate the implementation of additional or more .stringent fertilizer management practices al the local government level Local government may adopt additional or more stringent provisions 10 the mode/ ordinance as provided in 403.9337(2). However, the localgovernment should consider the disadvantages of cos f ising jurisdictional differences and should clearly demonstrate they meet the required criteria: (2) Each a,un0 and municipal government located within the watershed of a water body or water segment that is listed as impaired by nulrien/s pursuant to s. 403.067, shall, at a minimum, adopt the department's Model Ordinance_ for Ronda -Friendly Ferti/itier Use on Urban Landscaper. A localgovernment may adopt additional or mom stringent .standards than the model ordinance if the following criteria are met: o (a) The local government has demonstrated, as part of a comprehensive program to address nonpoinl .sources of nutrient pollution which is science based, and economically and technicallyfeasible, that additional or more stringent standards than the model ordinance are necessary in order to adegnateby address urban_ ferti/itier contributions to nonpoinl source nntnent loading to a water body. o (h) The localgovernmenl docnnments that it bas considered all relevant scientific information, including input, from the depan'menl, the institute, the Department 0 -Agriculture and Consumer Services, and the Universilfy of Florida Institute of Food and Agricultural Sciences, if provided, on the need for additional or more .stringent provisions to addressfetiiliz ler use as a contributor to water quality degradation. A/1 documentation must become part of the public record before adoption of the additional or mom stringent criteria.] [Guidance: Florida Statues 125.568(3), 166.048(3), 373.185(3), 720.3075(4), and others provide that a local ordinance, deed restriction or covenant may not prohibit or be enforced .ro as to prohibit any proper y ownerfrom imp/ementing Florida, friend jy landscaping on his or her land or create any regnirenent or limitation in conflict with any provision of part 11 of This chapter (373) or a water shortage order, other order, consumptive use permit, or ride adopted or issued pursuant to Chapter 373 part 11 _] [Guidance: F/onda Statues 482.156 and 482.1562. Nei/her the Limited Commercial Landscape Maintenance Certification Program nor the Limited Cer/ijca/ion for Urban Landscape Commercial Ferti/her Application allows landscape maintenance workers to make any kind of pesticide applications (inc1nditg weed control and/or weed and feed prodrnls) to any /nrf area.._] [Guidance: Floida Statues 482.242, and 487.051 (2), ES. Regulation of pest control businesses and applicators, and of pesticide use, is pmrmp/ed to the F/onda Department of Agtiodtum and Consumer Services (FD4CS and suspected pesticide misuse should be reported to FDACS. 5. TIMING OF FERTILIZER APPLICATION No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the Prohibited Application Period, or to saturated soils. [Guidance: One of the .most controversial issues associated with recon/ fertilker ordinances enacted by local governments is the definition of /be Prohibited Application Period Some ordinances have prohibited the application of ferlilizen; even slow release .formulations, dining the summer rainy season, typically pule 1 to September 30. The masoning is that rain occur . f rquen/ly, .saturating the soil, leading t0 mons runoff. Salnraled soils are prone t0 runoff or leaching with little or no additional water, and pose a higher than norma/ risk nidi/ soil moisture capacity it mimed. Fertiliser management is !argely about keeping the 6 nitrogen and/or pbospborus in the root one where it can be used by plants. Periods of "wag rainfall contribute to leaching, which is washing nutrients out of the root one, and to nnol especialy in areas with compacted or bare soils and signi/icant slope. Vegetative ground cover is important to minimizing erosion, filtering particulates, and incorporating or pmmoting the biological transformation of potential pollutants. Many variables it f/nenc a the relationship between fertilizer rates, vegetation health and nutrient enrichment of surface and ground waters. Accordingly, sound science and carefully reasoned judgment are recommended iu determining bow to define the Prohibited Application Period.) 6. FERTILIZER FREE ZONES Fertilizer shall not be applied within ten (10) feet of any pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or from the top of a seawall, unless a deflector shield, drop spreader, or liquid applicator with a visible and sharply defined edge, is used, in which case a minimum of 3 feet shall be maintained. If more stringent (h1UNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. Newly planted turf and/or landscape plants may be fertilized in this Zone only for a sixty (60) day period beginning 30 days after planting if need to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. [Guidance: This zone is a setback to prevent the applicatorfrom inadvertently depositing fertiliyer in the water while performing the application. 1t is not designed as a Ireatment huller, and is to be adhered to as a f mdamenta/ envimumewta/ safety aspect of the applicator's, job, regardless of the owner's desires Some communities have existing residential setbacks of as little as 10 led from water or seawall Low maintenance _zones, vegetated./i/ter strips, and riparian butlers are strongly encouraged, but such activities are rightly a part of land use planning. Local governments are encouraged 10 implement these low -impact development practices whert' feasible.] 7. LOW MAINTENANCE ZONES A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any pond, stream, water course, lake, wetland or from the top of a seawall. A swale/berth system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. If more stringent (MUNICIPALITY / COUNTY) Code regulations apply, this provision does not relieve the requirement to adhere to the more stringent regulations. No mowed or cut vegetative material may be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. [Guidance: Care must be Laken to ensure erosion of the surface soil does not occur. Excessive erosion may he a greater pollution hazard than occasional proper applications offertilitier] 8. FERTILIZER CONTENT AND APPLICATION RATES [Guidance: RULE 5E -1.003(2)(d), F.../1.0 contains the fol%wing provisions forgolfcourses. harks and athletic fields. As such, no additional specific requirements are includedfor these types of urban mil The appropriate Best Management Practices listed below ma be.followed on such sites for nutrient management activities: (d)Fertilizers labeled for spoils tri f at golf coerces, parks and athletic fields shall: 7 1. Have directions. for use not to exceed rales recommended in the down/enl titled SL 191 "Recommendations for N, P, K and Mg, for Golf Course and Athletic Fie/d Ferti/ilation Based on Meblicb I Extractant'; dated March 2007, whieh is hereby adopted and incorporated by reference into this rule. Copies may be obtained from the Soi/ and Water Science Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL 32611 or the .followingwebsite: b1tp: //edis.ifariif/edn/SS404. 2. Have directions for use in accordance with the recommendations in `BMP's for the Enhancement of E_nvironmenta/Quality on Florida Coil -Courses", published by the Florida Department of Environmental Protection, dated Januar' 2007. Copies may be downloaded from letlp: / /www.deb.stalefiushvater/ nonpoint/ pubs.htm. Note that this does not exempt applicators al these sites from the required basic Green Industry BMP training. Information on this is located at leap://Jiw.ifas.ull edre/profecsiora/.r/BATF overview.blm. If other provisions of the ordinance an' not appropriate for these sites, such exceptions should be noted.] (a) Fertilizers applied to turf within (MUNICIPALITY / COUNTY) shall be applied in accordance with requirements and directions provided by Rule 5E-1.003(2), Florida Administrative Code, Labeling Requirements For Urban Turf Fertilke►r. (b) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro -seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. (c) Nitrogen or phosphorus fertilizer shall not be applied to turf or landscape plants except as provided in (a) above for turf, or in OF/IFAS recommendations for landscape plants, vegetable gardens, and fruit trees and shrubs, unless a soil or tissue deficiency has been verified by an approved test. [Guidance: Soil and tissue tests for phosphows are normally done 19, OF/IFAS or another accredited laboratory. IFAS recommendations are available from the Comity Fxtension .service or httn://solutionsforvourlife.ull.edu/lawn and Qa►den/J 9. APPLICATION PRACTICES a. Spreader deflector shields arc required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones and water bodies, including wetlands. b. Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. c. Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable. d. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. e. In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. 10. MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, 8 swept, or blown off into stormwater drains, ditches, conveyances, water bodies, wetlands, or sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. 11. EXEMPTIONS The provisions set forth above in this Ordinance shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, Section 823.14 Florida Statutes; (b) other properties not subject to or covered under the Florida Right to Farm Act that have pastures used for grazing livestock; (c) any lands used for bona fide scientific research, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture. [Guidance: Limited waivers for .rpecaa/ cures such as botanical gardens, etc. should not be considered as less stringent for the purposes of the model as a minimum requirement.] 12. TRAINING (a) All commercial and institutional applicators of fertilizer within the (un)incorporated area of (MUNICIPALITY / COUNTY), shall abide by and successfully complete the six -hour training program in the "Florida friendly Bert Management Practices for Proleclion of Water Resources by the Green Industries"offered by the Honda Department of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes" program, or an approved equivalent. (b) Private, non-commercial applicators arc encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. [Guidance: A local government may establish a eerlifrcation/education program for the institutional or private application offertilizers zers indicating the completion ofan education program for .cpeera/ local requirements not covered in the above programs. 1t is np to the local, government to set a maiming education or renewal provision for these applicators Persons with statewide FD ACS commerizal ferli/iier certification cannot be required to submit to additional local testing after obtaining the FU AG3S eel -Orate. 13. LICENSING OF COMMERCIAL APPLICATORS (a) Prior to 1 January 2014, all commercial applicators of fertilizer within the (un)incorporated area of (MUNICIPALITY / COUNTY), shall abide by and successfully complete training and continuing education requirements in the "Florida -friendly Best Management Practicerfor Prnteclion of Water Resources by the Green 1nd/islries", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida - friendly Landscapes" program, or an approved equivalent program, prior to obtaining a 9 (MUNICIPALITY / COUNTY) Local Business Tax Certificate for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial Fertilizer Applicators shall provide proof of completion of the program to the (MUNICIPALITY / COUNTY) Tax Collector's office within 180 days of the effective date of this ordinance. (Guidance: The ordinance it pn pertive only. Occasions may exist for a finite time where pre-existing contract terms mandate practices not nr accordance with the BMI Such terms should be molded at contract expiration.] (b) After 31 December, 2013, all commercial applicators of fertilizer within the (un)incorporated area of (MUNICIPALITY / COUNTY), shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a Cotnmercial Fertilizer Applicator per 5E-14.117(18) F.A.C. (c) All businesses applying fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi -family and condominium properties) must ensure that at least one employee has a "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a Local Business Tax Certificate. Owners for any category of occupation which may apply any fertilizer to Turf and/or Landscape Plants shall provide proof of completion of the program to the (Municipality/ County) Tax Collector's Office.[Guidance: This it an example of an administrative en%reement mechanism. It may be modified to use other local mechanisms as appropriate]. 14. ENFORCEMENT [Guidance: Loca/governments should consider making peva/lies consistent with their other fines and penalties.] Funds generated by penalties imposed under this section shall be used by (Municipality/ County) for the administration and enforcement of section 403.9337, Florida Statutes, and the corresponding sections of this ordinance, and to further water conservation and nonpoint pollution prevention activities. 10 Attachment #2 Proposed City Ordinance No. 17-2013 ORDINANCE NO. 17-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A NEW CHAPTER 92 OF THE CAPE CANAVERAL CODE OF ORDINANCES ENTITLED "FERTILIZER LAND APPLICATION;" REGULATING POLLUTANT RUNOFF AND THE APPLICATION OF FERTILIZERS AS REQUIRED BY LAW; PROVIDING FOR PURPOSE AND INTENT; DEFINITIONS; APPLICABILITY; TIMING OF FERTILIZER APPLICATION; FERTILIZER FREE ZONE; LOW MAINTENANCE ZONE; FERTILIZER CONTENT AND APPLICATION RATES; APPLICATION PRACTICES; MANAGEMENT OF GRASS CLIPPINGS AND VEGETATIVE MATTER; EXEMPTIONS; TRAINING; LICENSING REQUIREMENTS; ENFORCEMENT AND MONITORING; AND PENALTIES; AMENDING SECTION 2-283 OF THE CODE OF ORDINANCES TO DESIGNATE VIOLATION OF CHAPTER 92 AS A CLASS 1 CODE ENFORCEMENT VIOLATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is authorized by the Florida Constitution and the provisions of Chapters 163 and 403, Florida Statutes, to establish and administer programs for stormwater management, including the control of pollutants entering the City's stormwater system; and WHEREAS, the United States Environmental Protection Agency, pursuant to 40 C.F.R. § 122.26, and the Florida Department of Environmental Protection pursuant to 33 U.S.C. § 1342(b), have mandated, through the issuance of a National Pollution Discharge Elimination System ("NPDES") Generic Permit for discharges from Phase II Municipal Separate Storm Sewer Systems, that the City must establish legal authority to control discharges to the City's municipal separate storm sewer system in order to control the quality of discharges from the City's municipal separate storm sewer system to surface waters of the State; and WHEREAS, the Florida Department of Environmental Protection has documented impairments, pursuant to section 403.067, Florida Statutes, within the surface waters of the City and has established pollutant load limits in the form of Total Maximum Daily Loads (TMDLs) which require the City to reduce pollutant loads discharged from the City's stormwater system: and WHEREAS, section 403.9337, Florida Statutes, requires a municipal government located within the watershed of a water body or water segment that is listed by the Department of City of Cape Canaveral Ordinance No. 17-2013 Page 1 of 10 Environmental Protection as impaired to adopt, at a minimum, the model ordinance "Florida Friendly Fertilizer Use on Urban Landscapes"; and WHEREAS, the City of Cape Canaveral is located within the watershed of the Banana River Lagoon, which the Florida Department of Environmental Protection has listed as impaired for nutrients; and WHEREAS, the City of Cape Canaveral has a comprehensive program to address nonpoint sources of nutrient pollution which is science -based, and economically and technically feasible; and WHEREAS, the Florida Department of Environmental Protection will provide pollutant load reduction credit to the City toward meeting mandated Total Maximum Daily Load Program Reductions for adoption and enforcement of code provisions directed at reducing such loadings from the use of fertilizer; and WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby determines that the adoption of such an ordinance to reduce pollutant runoff into Cape Canaveral's surrounding waterways serves the public, safety, health and welfare of its citizens. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. SECTION 2. Adoption of Chapter 92, Fertilizer Land Application. The City Council of the City of Cape Canaveral hereby adopts a new Chapter 92, entitled "Fertilizer Land Application," as follows: CHAPTER 92. FERTILIZER LAND APPLICATION Sec. 92-1. - Short title; purpose and objectives. This chapter regulates and promotes the proper use of fertilizers by any applicator; requires proper training of commercial and institutional fertilizer applicators; establishes training and licensing requirements; establishes a prohibited application period; specifies allowable fertilizer application rates and methods; fertilizer -free zones; low maintenance zones; and exemptions. This chapter requires the use of best management practices which provide specific management guidelines to minimize negative secondary and cumulative environmental effects associated with the misuse of fertilizers. These secondary and cumulative effects have been observed in and on the City of Cape Canaveral's natural and constructed stormwater conveyances and surface waters. Collectively, these water bodies are an asset critical to the environmental, recreational, cultural and economic well-being of City of Cape Canaveral City of Cape Canaveral Ordinance No. 17-2013 Page 2of10 residents and the health of the public. Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by natural and constructed stormwater conveyances. Regulation of nutrients, including both phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat quality. Sec. 92-2. - Definitions. As used in this chapter, the following terms, phrases, words and their derivations shall have the following meanings: Administrator means city manager or designee authorized to administer and enforce the provisions of this chapter. Application or apply means the actual physical deposit of fertilizer to turf, specialized turf, or landscape plants. Applicator means any person who applies fertilizer on turf and/or landscape plants in the City of Cape Canaveral. Best Management Practices (BMPs) include schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks, sludge/water disposal or drainage from raw materials storage. Best Management Practices Training Program means a training program approved pursuant to Section 403.9338, Florida Statutes, or any more stringent requirements set forth in this chapter that include the most current version of the Florida Department of Environmental Protection's "Florida -friendly Best Management Practices for Protection of' Water Resources by the Green Industries. 2008." as revised. and approved by the administrator. Board means the City Council of the City of Cape Canaveral, Brevard County, Florida. Code enforcement officer, official, or inspector means any designated employee or agent of the City of Cape Canaveral whose duty it is to enforce codes and ordinances enacted by the City of Cape Canaveral. Commercial fertilizer applicator, except as provided in section 482.1562(9), Florida Statutes, means any person who applies fertilizer for payment or other consideration to property not owned by the person or firm applying the fertilizer or the employer of the applicator. Fertilize, fertilizing, or fertilization means the act of applying fertilizer to turf, specialized turf, or landscape plants. City of Cape Canaveral Ordinance No. 17-2013 Page 3 of 10 Fertilizer means any substance or mixture of substances that contains one or more recognized plant nutrients and promotes plant growth, or controls soil acidity or alkalinity, or provides other soil enrichment, or provides other corrective measures to the soil. Guaranteed analysis means the percentage of plant nutrients or measures of neutralizing capability claimed to be present in a fertilizer. Institutional applicator means any person, other than a private, non-commercial or a commercial applicator (unless such definitions also apply under the circumstances), that applies fertilizer for the purpose of maintaining turf and/or landscape plants. Institutional Applicators shall include, but shall not be limited to, owners, managers or employees of public lands, schools, parks, religious institutions, utilities, industrial or business sites and any residential properties maintained in condominium and/or common ownership. Landscape plant means any native or exotic tree, shrub, or groundcover (excluding turf). Low maintenance zone means an area a minimum of ten (10) feet wide adjacent to surface waters which is planted and managed in order to minimize the need for fertilization, watering, mowing, etc. Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Prohibited application period means the time period during which a Flood Watch or Warning, or a Tropical Storm Watch or Warning, or a Hurricane Watch or Warning is in effect for any portion of Brevard County, issued by the National Weather Service, or if heavy rain is likely. Restricted application period means June 1 to September 30. Saturated soil means a soil in which the voids are filled with water. Saturation does not require flow. For the purposes of this chapter, soils shall be considered saturated if standing water is present or the pressure of a person standing on the soil causes the release of free water. Slow release, controlled release, timed release, slowly available, or water insoluble nitrogen means nitrogen in a form which delays its availability for plant uptake and use after application, or which extends its availability to the plant longer than a reference rapid or quick release product. Surface waters as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) means waters on the surface of the earth, contained in bounds created naturally or artificially, including , the Atlantic Ocean, bays, bayous, sounds, estuaries, lagoons, lakes, ponds, impoundments, rivers, streams, springs, creeks, branches, sloughs, tributaries, canals, and ditches. City of Cape Canaveral Ordinance No. 17-2013 Page 4 of 10 Turf sod, or lawn means a piece of grass -covered soil held together by the roots of the grass. Urban landscape means pervious areas on residential, commercial, industrial, institutional, highway rights-of-way, or other nonagricultural lands that are planted with turf or horticultural plants. For the purposes of this section, agriculture has the same meaning as in section 570.02 Florida Statutes. Sec. 92-3. - Applicability. This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and areas of application of fertilizer within the incorporated areas of the City of Cape Canaveral, Brevard County, unless such applicator is specifically exempted by the terms of this chapter from the regulatory provisions of this chapter. This chapter shall be prospective only, and shall not impair any existing contracts. Sec. 92-4. — Responsibility for administration. The stormwater utility director or designee shall administer, implement and enforce the provisions of this chapter. Any powers granted or duties imposed upon the stormwater utility director or designee may be delegated in writing by the city manager to persons or entities acting in the beneficial interest of or in the employ of the city. Sec. 92-5. - Timing of fertilizer application. No applicator shall apply fertilizers containing nitrogen and/or phosphorus to turf and/or landscape plants during the prohibited application period, or to saturated soils. In addition, fertilizer containing nitrogen or phosphorus shall not be applied to turf or landscape plants during the restricted application period, defined as June 1 to September 30. Sec. 92-6. - Fertilizer free zone. (a) Fertilizer shall not be applied within ten (10) feet of any surface waters, pond, stream, watercourse, lake, canal, or wetland as defined by the Florida Department of Environmental Protection (Chapter 62-340, Florida Administrative Code) or within 10 feet from the top of a seawall. Newly planted turf and/or landscape plants may be fertilized in this zone for a 60 -day period beginning 30 days after planting if needed to allow the plants to become well established. Caution shall be used to prevent direct deposition of nutrients into the water. The requirements of section 92-5 above also apply to newly planted turf and landscape plants. (b) A voluntary fertilizer free zone of ten (10) feet shall be encouraged, through educational outreach, on each side of a street without stormwater retention that drain directly to the Banana River Lagoon. City of Cape Canaveral Ordinance No. 17-2013 Page 5 of 10 (c) Planting native vegetation that does not require mowing or fertilization along the shoreline of the Banana River Lagoon shall be encouraged. Sec. 92-7. - Low maintenance zone. A voluntary ten (10) foot low maintenance zone is strongly recommended, but not mandated, from any surface waters, pond, stream, watercourse, lake, wetland or from the top of a seawall. A swale/berm system is recommended for installation at the landward edge of this low maintenance zone to capture and filter runoff. No mowed or cut vegetative material should be deposited or left remaining in this zone or deposited in the water. Care should be taken to prevent the over -spray of aquatic weed products in this zone. Sec. 92-8. - Fertilizer content and application rates. (a) No fertilizer containing phosphorous shall be applied to turf or landscape plants in the City of Cape Canaveral unless a soil or plant tissue deficiency is verified by a University of Florida, Institute of Food and Agriculture Sciences, approved testing methodology. In the case that a deficiency has been verified, the application of a fertilizer containing phosphorous shall be in accordance with the rates and directions provided by Rule 5E- 1.003, Florida Administrative Code. Deficiency verification shall be no more than two (2) years old. However, recent application of compost, manure, or top soil shall warrant more recent testing to verify current deficiencies. (b) The nitrogen content of fertilizer applied to turf or landscape plants within City of Cape Canaveral shall contain at least 50% slow release nitrogen per guaranteed analysis label. (c) Fertilizers applied to turf within City of Cape Canaveral shall be applied at rates that are in accordance with requirements and directions provided by Rule 5E-1.003, Florida Administrative Code, Labeling Requirements For Urban Turf Fertilizers. (d) Fertilizer containing nitrogen or phosphorus shall not be applied before seeding or sodding a site, and shall not be applied for the first 30 days after seeding or sodding, except when hydro -seeding for temporary or permanent erosion control in an emergency situation (wildfire, etc.), or in accordance with the Stormwater Pollution Prevention Plan for that site. Sec. 92-9. - Application practices. (a) Spreader deflector shields are required when fertilizing via rotary (broadcast) spreaders. Deflectors must be positioned such that fertilizer granules are deflected away from all impervious surfaces, fertilizer -free zones, surface waters and water bodies, including wetlands. (b) Fertilizer shall not be applied, spilled, or otherwise deposited on any impervious surfaces. City of Cape Canaveral Ordinance No. 17-2013 Page 6 of 10 (c) Any fertilizer applied, spilled, or deposited, either intentionally or accidentally, on any impervious surface shall be immediately and completely removed to the greatest extent practicable and either legally applied to turf or any other legal site, or returned to the original or other appropriate container. (d) In no case shall fertilizer be washed, swept, or blown off impervious surfaces into stormwater drains, ditches, conveyances, or water bodies. Sec. 92-10. - Management of grass clippings and vegetative matter. In no case shall grass clippings, vegetative material, and/or vegetative debris be washed, swept, or blown off into surface waters, stormwater drains, ditches, conveyances, watercourses, water bodies, wetlands, sidewalks or roadways. Any material that is accidentally so deposited shall be immediately removed to the maximum extent practicable. Sec. 92-11. - Exemptions. The provisions set forth above in this chapter shall not apply to: (a) bona fide farm operations as defined in the Florida Right to Farm Act, section 823.14, Florida Statutes; (b) any lands used for scientific research supported by an accredited institution of higher learning or a government entity, including, but not limited to, research on the effects of fertilizer use on urban stormwater, water quality, agronomics, or horticulture; (c) Reclaimed or irrigation quality (IQ) water used for irrigation (which may contain nitrogen and/or phosphorous); however, this shall only apply to water use and individual properties are subject to all other provisions of this chapter that relate to fertilizer use; (d) Athletic fields at public parks and school facilities that apply the concepts and principles embodied in the Florida Green BMPs, while maintaining the health and function of their specialized turf areas. Sec. 92-12. - Training. (a) Prior to January 1, 2014, all commercial and institutional applicators of fertilizer within the City of Cape Canaveral, shall abide by and successfully complete the six -hour training program in the "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries" offered by the Florida Department of Environmental Protection through the University of Florida Extension "Florida -Friendly Landscapes" program, or an approved equivalent. City of Cape Canaveral Ordinance No. 17-2013 Page 7of10 (b) Private, non-commercial applicators are encouraged to follow the recommendations of the University of Florida IFAS Florida Yards and Neighborhoods program when applying fertilizers. Sec. 92-13. - Commercial and institutional applicators. (a) After December 31, 2013, all commercial applicators of fertilizer within the City of Cape Canaveral, shall abide by and have successfully completed training and continuing education requirements in the "Florida -friendly Best Management Practices for Protection of Water Resources by the Green Industries", offered by the Florida Department of Environmental Protection through the University of Florida IFAS "Florida -friendly Landscapes' program, or an approved equivalent program, prior to obtaining a business tax receipt for any category of occupation which may apply any fertilizer to turf and/or landscape plants. Commercial fertilizer applicators shall provide proof of completion of the program to the Brevard County's Tax Collector's office upon application or renewal of business tax receipt. (b) After December 31, 2013, all commercial applicators of fertilizer within the incorporated area of City of Cape Canaveral, shall have and carry in their possession at all times when applying fertilizer, evidence of certification by the Florida Department of Agriculture and Consumer Services as a commercial fertilizer applicator pursuant to Rule 5E-14.117(18), Florida Administrative Code. (c) Institutional Applicators who apply fertilizer to turf and/or landscape plants (including but not limited to residential lawns, golf courses, commercial properties, and multi -family and condominium properties) must ensure that at least one employee has a "Florida - friendly Best Management Practices for Protection of Water Resources by the Green Industries" training certificate prior to the business owner obtaining a business tax receipt. Owners for any category of occupation which may apply any fertilizer to turf and/or landscape plants shall provide proof of completion of the program to the City. (d) All provisions of this chapter shall apply to City of Cape Canaveral owned property unless exempt under section 92-11. Sec. 92-14. - Enforcement and monitoring. (a) Violations of this chapter may be subject to civil citation pursuant to Chapter 2, Article VI, Division 3 of this Code. (b) The provisions of this chapter may also be enforceable by proceedings before the City of Cape Canaveral Code Enforcement Board, or by suit for prohibitory or mandatory injunctive relief, or by any other lawful remedy existing at law or in equity for the enforcement of municipal ordinances. Funds generated by penalties imposed under this chapter shall be used by the City of Cape Canaveral for the administration and enforcement of section 403.9337, City of Cape Canaveral Ordinance No. 17-2013 Page 8 of 10 Florida Statutes, and the corresponding sections of this chapter, and to further water conservation and nonpoint pollution prevention activities. Sec. 92-15. - Appeals. Appeals relating to any administrative decision or determination concerning implementation or application of the provisions of this Division shall be filed in writing within 30 calendar days after the decision is rendered by the Administrator. Requests for appeals will be considered by the city manager. SECTION 3. Amendment to Section 2-283 of the Code of Ordinances. The City Council of the City of Cape Canaveral hereby amends section 2-283 of the Code of Ordinances as follows (underlined type indicates additions and strip type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in section 2-283. It is intended that the text in section 2-283 denoted by the asterisks and set forth m this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 2-283. Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: (16) Chanter 92. Fertilizer Land Aunlication Class 1. * * * SECTION 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. SECTION 5. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. SECTION 6. Severability. if any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No. 17-2013 Page 9 of 10 SECTION 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of , 2014. ROCKY RANDELS, Mayor ATTEST: John Bond Bob Hoog ANGELA APPERSON, MMC, City Clerk Buzz Petsos Rocky Randels Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2013 Page 10of10 For Against Attachment #3 FDEP Letter June 20, 2013 FLORIDA JIEPARTMENT OF ENVIRONMENTAL PROTECTION BOB MARTINEZ CENTER. 2E00 BLAIR STONE! ROAD TALLAHASSEE, FLORIDA 32399-2400. Jeff Ratliff, Public Works Services Director City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 Dear Mr. Ratliff: RK",KSCOTT GOVERNOR HERSCHEL T. VINYARD 'JR. SECRETARY Thank you for your June 13, 2013 submission of a draft fertilizer ordinance for the City of Cape Canaveral., The Department has reviewed the draft ordinance and notes that the provisions of the draft ordinance appear generally consistent with the 2010 Model Ordinance referenced in Section 403.9337(3) of the Florida Statutes, with a few exceptions. First, regarding point number 5 in your email, we, refer you to the recent study done by the University of Florida with a 3.8 million dollar DEP want over 8 years, and available at: .http://nubIicfiles.dep.state.fl.u.s/DEAR/nonpoirn/. This body of work clearly indicates that the greatest potential for .loss of nitrogen to the shallow ground water is in the early spring, when root structure is most reduced, and fall, when a shorter length of daylight, lower sun an , and cooling soil temperatures sharply reduce nitrogen uptake by the plant. This effect must be weighed against any increase in direct runoffdue to summer rains on Florida's generally sandy soils.. Given that most businesses that apply agrichemicals in a residential setting operate on about a 2 month cycle} applying the moderate to high end annual fertilization rates while adhering to BMPs and rates under 5E- 1003(2) F.A.C. effectively forces application when risk of leaching is at the highest point. A homeowner, of course, may apply fertilizer more frequently and easily reach those rates from April -October. Regarding point number 3, we would encourage the use of Florida -Friendly LandscapingTm (FFL) in these areas„ which involves selection of those plants well adapted to the area that can meet both aesthetic and functional needs without excessive fertilization or irrigation. Points 2. and 4 may be addressed through low impact development (LID) modifications for new and infill development, and an educational effort to encourage the installation of small-scale FFL-based BMPs such as swales and rain. gardens to existing properties. While none of these will solve a]1 of the nonpoint source issues, each will contribute to the solution. Insofar as the actual provisions of the ordinance are concerned, the definition of the restricted application period is discussed above, as is the use in 92-5. An additional question would be whether the edible produce in a backyard vegetable garden, or doorya.rd fruit trees, including citrus, would be restricted from fertilization necessary to produce food under this ordinance. Note that the state model addresses this issue by limiting fertilization in these cases to UF -IFAS extension recorrunendations. Citrus and some other produce are fertilized during the summer to produce a fall and winter harvest. www.Aptace.fLut,, JefRatliff City of Cape Canaveral June 20, 2013 Section 92-8 A is stricter than the Urban Turf Rule (5E-1.003(2) F.A.C.) in requiring a soil test for all P applications, but does not exceed the recommendations of the Green Industry BMPs. Section 92-8 B is stricter than the Urban Turf Rule (5E-1.003(2) F.A.C.) in requiring 50% slow or controlled release nitrogen fertilizer. While this is recommended in FFL publication for homeowners, there are times when water-soluble nitrogen is preferable from both a horticultural and an environmental standpoint. Section 92-11 is a bit confusing, and possibly harmful. Irrigation with reclaimed water is essentially fertilization. In any case, overirrigation is bad, and contributes to runoff and leaching of a host of soil chemicals into stormwater systems and aquifers, to say nothing of wasting water. The type of WWTP and the nature of the influent (residential, seasonal, industrial etc.) determine the nitrogen and phosphorus load delivered to the customer. A typical well designed and operated system providing 30-50 inches per year of water may vary from just under the annual limit for phosphorus in the urban turf rule, and requiring additional nitrogen fertilizer, to fully meeting or exceeding the nitrogen needs and exceeding the normal annual phosphorus limits by a factor of 10 or more. If available from the reclaimed water provider, the homeowners should be made aware of this load in order to save them money from unnecessary fertilizer applications, while protecting the environment. I refer you to the January 2013 City of Naples study comparing similar neighborhoods with reclaimed and potable irrigation systems. Event mean concentrations were roughly double for nitrogen and triple for phosphorus compared to the potable water neighborhood. Please consider provisions of the Department's model ordinance per the 2009 revisions to 373.62 F.S., Model Ordinance for the Installation, Maintenance, and Operation of Sensing Devices on Automatic Landscape Irrigation Systems. The URL is htto://www.denstate.fl.us/water/wateroolicv/docs/sb494-model- irria-ordinance.ndf. This is especially important not only for water conservation, but, as mentioned above, because excessive irrigation causes much of the leaching and runoffthat occurs. Some people in Florida are known to apply 2 to 3 times the annual rainfall as irrigation, far in excess of requirements. The actions of the City of Cape Canaveral to prevent nutrient loadings into adjacent surface waters are recognized and appreciated. Adoption of a local ordinance for urban fertilizer use will enhance the county's stormwater control program. If you have any questions, please feel free to contact Mille Thomas, Professional Engineer 11I, with the Department's Division of Environmental Assessment & Restoration, at (850) 245-7513. Sincerely, Thomas M. Frick Chief, Bureau of Watershed Restoration cc: Mike Thomas, Professional Engineer III, DEP City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/17/2013 Item No. 5 - Subject: Ordinance No. 01-2014; amending Chapter 102, Vegetation, of the Code of Ordinances related to the City's Tree Bank and the Lists of Desirable and Undesirable Species; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. Department: Community and Economic Development Summary: Noting the lawful removal of Brazilian Pepper trees from a neighboring property, City Historian Ray Osborne approached Staff asking if the City's Tree Protection Ordinance could do more for the environment when invasive trees are removed. Mr. Osborne opined that even such invasive species aid in energy conservation by cooling the atmosphere, reducing air pollution, increasing oxygen production, slowing surface water runoff, reducing soil erosion, providing nesting and protection for wildlife, enhancing scenic beauty, and other global environmental benefits. Staff explained that the negative effects to native vegetation must be taken into account. Since mitigation of invasive species may be deemed excessively onerous, especially considering that the removal of invasive species is generally encouraged, Staff proposed an alternate strategy toward the same environmental goal: stimulating City - sponsored tree planting and landscape projects by steering additional funding toward them. Currently, the Tree Bank is only funded through penalties assessed for violations of the Tree Code and voluntary contributions from property developers who do not wish to perform onsite tree mitigation. The attached Ordinance provides that all monies collected pursuant to tree removal activity be deposited into the City's Tree Bank and expended toward tree planting and landscape projects City-wide. Additionally, the revised Ordinance adopts these State - maintained databases, which are modified from time to time: • Florida Native Plant Society's list of Native Plants, as applicable to the East Central Florida Region into our List of Desirable Species and Plants, and • Florida Exotic Pest Plant Council's Invasive Plant Species List, as applicable to the East Central Florida Region into our List of Undesirable Species and Plants. Submitting Director: Todd Morley" / Date: 12/09/2013 Attachments: #1 Ordinance No. 01-2014, #2 Florida Native Plant Society's list of Native Plants (printed from webpage), # 3 Florida Exotic Pest Plant Council's Invasive Plant Species List (printed from webpage) City Council Meeting Date: 12/17/2013 Item No. S Page 2 of 2 Financial Impact: Cost of Ordinance/agenda item preparation, advertisement, codification and to administer the Tree Bank Repository. Reviewed by Financial Services Director: John DeLeo Date:/ • The City Manager recommends that City Council take thc following action: Adopt Ordinance No. 01-2014, first reading. Approved by City Manager: David L. Greene (9 -Pt -L. Date:i/2, 9/ City Council Action: [ ] Approved as Recommended [ ] Disapproved- [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 01-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 102, VEGETATION, OF THE CODE OF ORDINANCES RELATED TO THE CITY'S TREE BANK AND THE LISTS OF DESIRABLE AND UNDESIRABLE SPECIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article II, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water runoff, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, the "Tree Bank," established by Ordinance No. 05-2005, provides a repository for funds collected through fines and contributions in furtherance of the tree mitigation and replacement requirements outlined in Chapter 102, Vegetation; and WHEREAS, permit fees collected pursuant to the issuance of tree removal permits are currently deposited into the City's General Fund; and WHEREAS, the City Council of the City of Cape Canaveral wishes to direct all funds collected pursuant to Chapter 102, Vegetation, into the City's "Tree Bank;" and WHEREAS, the City Council of the City of Cape Canaveral wishes to expend funds collected and deposited into the City's "Tree Bank" in furtherance of the goals stated herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, finds that adopting free governmental online publications into Chapter 102, Vegetation, by reference provides beneficial and efficient resources to ensure compliance with evolving best horticultural practices; and City of Cape Canaveral Ordinance No. 01-2014 Page 1 of 5 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 102, Vegetation. Chapter 102, Vegetation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION ARTICLE II. — TREE PROTECTION * * * DIVISION 2 - LAND CLEARING * * * Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Tree Bank means that account maintained by the City as a repository for any funds collected and distributed pursuant to this Chanter. * * * Sec. 102-37. Title; applicability; intent and purpose; exemptions tree bank. * * * (e) Rescr►vcd. Tree Bank. Funds deposited in the "Tree Bank" pursuant to this chapter shall be used for public purpose landscape enhancements at the sole discretion of the city, City of Cape Canaveral Ordinance No. 01-2014 Page 2 of 5 which shall include. but not be limited to tree planting, tree maintenance. beautification, education. and/or ecosystem management projects. All fees. fines. and other pavments made to the city pursuant to this chapter shall be deposited in the city's "Tree Bank." The value to be paid into the "Tree Bank" shall be established by resolution of the city council; set forth in Table 1; and based upon wholesale market value of the trees being replaced. plus installation and maintenance costs to establish the tree. Sec. 102-43. Tree replacement guidelines. * * * (b) Criteria. Criteria for replacement trees are as follows: * * * (5) Waivers of replacement tree(s) specifications. The number of required replacement trees may be waived by the city council, if the city council determines that the remaining number of trees to be preserved on site are of sufficient number and quality to substantially comply with the purpose and intent of this division and a tree replacement fee is paid to the city's "tree bank;_" whieh is hereby establishc: Monics collected in thc tree bank shall be uscd for - ... ' The contribution to the tree bank may be waived by the city council for individual homeowners, on a case-by-case basis, if the homeowner can demonstrate that the payment of the fee will cause the homeowner an undue economic hardship. Substitute tree(s) allowed under this waiver provision must have the approval of the city council. The value rcoolation of thc city council; set ford-. in - . - ; - : :. _ : .. . - -. - t of the trees being rep4aect, -,>1-as installatia nd .Y ntc enstf. tc cstab1:..h the treo * * * Sec. 102-52. List of desirable species and plants. (a) All trees and plants required to be installed under this division or elsewhere in the City Code shall be selected from the list of desirable species and plants set forth in this section or in the current edition of the Florida Native Plant Society's list of Native Plants, as applicable to the East Central Florida Region. These lists of trees and plants i* -tkis a ✓.ieH are intended to provide the developer and homeowner a list selection of choice appropriate native and suitable vegetation for proposed landscaping plans. Native vegetation is eensidered ideal for landscaping since these plants have become adopted [adapted] to the county's particular set of climatic City of Cape Canaveral Ordinance No. 01-2014 Page 3 of 5 conditions. The city council hereby finds that if native and other desirable vegetation suitable for the city's climatic condition are utilized in the form and size context in which they naturally occur, a long-lived and maintenance -free landscape scheme will result within the city. Sec. 102-53. List of undesirable species. The planting of any tree and plant listed below or in the current edition of the Florida Exotic Pest Plant Council's Invasive Plant Species List. as applicable to the East Central Florida Reeion. is strictly prohibited within the city. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and like errors may be corrected and additions, alterations and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 01-2014 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of , 2014. ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ROCKY RANDELS, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 01-2014 Page 5 of 5 For Against ,,,1111111111 „ '41,'111111! 1,111 )))))))))),,1111.11111,11,1„1111 i(.4„11)111! i IPM.,c1;;;i1;;!! '1.;11,11,1111)..Pil .11 11"11.1;111.[,[1.1,1.1 Your Personal List Plants for your site in Brevard County... Click on the plant name to get information about the plant Denotes a landscape favorite Trees • 1r tic,s_fundo box -elder, ash -leaf maple • Accr ruhrtnn red maple • Anlvris clemikra torchwood, sea torchwood • AntIono globra pond -apple, custard -apple parry/ora smallflowcr pawpaw • Aviceinlio ,germinons black mangrove • BliTSCIU simaraba gumbo -limbo • CaTinus car musclewood, hornbeam, blue -beech • Corya aquatic(' water hickory • C'agaliorithenet scrub hickory • Corya glabra pignut hickory • Celtis lacy/gala hackbcrry, sugarberry • Chionanthrts virginicos white fringe tree • C.:77r1'sophyllum alirijbrine satinleaf • Crthare.vyhrin Ay/nos/tin fiddlewood • Co/i0uyn crec Ills buttonwood • Cornos 'mina stiff cornel„ swamp dogwood • racenqlora ti ti, leatherwood • Diospyros virginian(l persimmon • 1)rypetes laterilloro Gtnana plum Lk-oft/ea panic/data inkwood • Ficus a urea strangler fig • Fraxinas caru/iniana pop ash, water ash • Fraxituts pennnyivanica green ash • (nYhmia I aslant!? loblolly -bay • Gttapira discutor blolly, beefwood • IIv ambi gua Carolina holly, sand holly • Res cos'sine dahoon holly • Hex romitoria yaupon holly • ,111111.17TIIS eastern red cedar „ • Krugioacildroriji.Trcum black ironwood, leadwood La gun cilia ri a racemosa white mangrove • Licit/Wan/bar ,Y0ractibto sweetgum • Lyoni a le rrugi ilea rusty lyonia • Magnolia granch'ilora southern magnolia • 11.1agn I la rgi 'liana sweet -bay • Morris rubra red mulberry • M yrs i ne (wha)!/ myrsinc, colicwood o Ocf n ea corr. ace(' lancewood O Osmaitthtts mcgacurpris scrub wild olive • Persea borbon i a red hay • Pow ea humilis scrub bay. • P(...,rsca pahtstris swamp bay • ['inns eta us a sand pine • Pi n us ellio ii slash pine • n us pa 1 Hsi ris longleaf pine Pinus• scrod nu pond pine • Pru nus ea ro 'info nu cherry -laurel, laurel cherry O Prl 1/11 IS I in tbdia h 1 110 g 111, flatwoods plum Oitercus chapmanii Chapman's oak O Quercus genii nu a sand live oak ()novas. hoitisphcrica diamond oak, upland laurel oak • Chrt.Tcas hleris turkey oak • lercus hiurijiVia laurel oak • Om:Torts inyrojiitio myrtle oak • Onercicv nigra water oak • Otte/L.71s virgin/anti live oak • Rhizophora mangle red mangrove • Saha/patine/to cabbage palm • Salix caroliniana Carolina willow, coastalplain willow • , &winch's .s'opowaria \vinglealsoapberry • Sidcragion cc/as/rim/in saffron -plum o Sidcravv/on.fiwridissinnem mastic, false mastic, wild olive • Sidero.vvion tetiax tough buckthorn, tough bully • Simaronba glanea paradise tree, bitterwood. Ta„voilium (rm.:cm/cm' pond cypress • laxadium distichnin bald cypress • americana American elm • racciniunt arbor sparkleberry, farkleberry • Zantlu).\:.)-lum clava-Iterculis liercales-club • ZanthavInin jagara wild -lime, coiina, lime pricklyash Start Over With a New Location Chaiuze Specific Criteria eavt, a Legacy loo )111 11O?Iji o°°O o ill I Fin For your location 10A 1 " 71104^''''1 111404111 WAJA Haan WV« AMP JO Hiliii11111,11111,11,111111111111111111,,, 1111' ,i11111I 11111 flteer 11:111 ,,g1) '':,;11111111, Member Resources • Renew/Join • Address Changes • Contact FNPS Chapter Resources • Support Documents • Other Resources Society Resources • Forum • Handbook Wiki • Support Documents 1_0 gi,a, CO 2011 Florida Native Plant Society ( 321 ) 271-6702 1 FN PS Admin i strati ye Services FLEPPC Florida Exotic Pest Plant Council I . . . ....„ . . - . .... „.... . .. . .... - . - . ...„. .„ . , „ , „ , .........„ .. CONTACT US /V Florida EPPC's 2011 Invasive Plant Species List PURPOSE OF THE LIST: To focus attention on — • the adverse effects exotic pest plants have on Florida's biodiversity and native plant communities, • the, habitat losses in, natural areas from exotic pest plant infestations, • the impacts on endangered species via habitat loss and alteration, • the need for pest -plant nianagement, • the socio-economic impacts of these plants (e.g., increased wildfires or flooding in certain areas), • changes in the severity of different pest plant infestations over time., • providing information to help managers set priorities for research and control programs. FLEPPC List Definitions: Exotic - a species introduced to Florida,. purposefully or accidentallyfrom a naturalrange outside of Florida. Native – a species whose natural range. includes Florida. Naturalized exotic – an exotic that sustains itself outside cultivation (it is still exotic; it has not "become" native). Invasive exotic – an exotic that not only has naturalized, [RA is expanding on its own in Florida native plant communities. Abbreviations: Government List (Gov. List): P = Prohibited aquatic plant by the Florida Department of Agriculture and Consumer Services N = Noxious weed listed by Florida Department of Agriculture & Consumer Services U = Noxious weed listed by U.S. Department of Agriculture Regional Distribution (Reg. Dist.): referring to each speciescurrent distribution in general regions of Florida (not its potential range in the state). N = North Florida C = Central Florida S = South Florida Category 1 Invasive exotics that are altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. This definition does riot rely on the economic severity or geographic range of the problem, but on the documented ecological damage caused, Species names below are linked to corresponding pages in Identification and Biology of .Non -Native Plants in Florida's Natural Areas (first edition). by Ken Langeland and Kathy Craddock Burks, eds. 1998. University of Florida., Gainesville, 165 pp. Scientific Name Abrus precalodus ;Acacia auriculiforrnis Aibizia fulibrissin Albizia febbeck Ardisia Granata (=A. ore/lit/Ma misapplied) Ardisia elliptica (=A. hurrahs 'misapplied) Asparagus aefhionicus (=A. sprengeri; A. densiflorus misapplied) Baohinia varieaata Bischofia javanica Caioohvilum antillanurn (=C. calaba and C. inophyllum misapplied) Casuarina euuisetifolia Casuarina glauca Cinnarnornum camphors Coiocasia esculents Cobbriria asialica Common Name rosary pea earleaf acacia mimosa, silk tree woman's tongue coral ardisia shoebutton ardisia asparagus -fern orchid tree bishopwood santa maria (names "mast wood", "Alexandrian laurel" used in cultivation) Australian -pine, beach sheoak suckering Australian -pine, gray sheoak camphor tree wild taro lather leaf Gov. List N IN ) Reg. Dist. s S C S IN, 0, S C, S N, 0, S 0, S C, P,Ns N, C, S P,N C, S N, C, S N, C, S N S Cunanioosis anacardioides carrolwood Deparia petersenii Dioscorea alata Dioscorea buThifera Eichhornia cra.ssines Eunenia uniflora Ficus Microcaroa (F, nitida and F. retusa var, nitida misapplied) Hydrilta verticillata tlygrophila polvsperrna l-fvmenachne amolexicaulls Imnerata cvlindrica (1. brasitiensis misapplied) toornoea actuatica Jasrninum clichotornum Jasminum (triathlons° Lantana camara (=, L strigocamara) Ligustrum lucidurn Lk -rostrum sinense Lonicera ianonica Ludwigia peruviana Lurnnitzera racemosa Luziola subintegra LVC70(filIM laT101.1iCtifil Lvoodium microntrvilum Mactarlvena unnuis-ca!i Manilkara zapota Melaleuca auinauenervia Mefinis repens (= Rhynchelytrum repens) Mimosa prom Nan(Una domestica Nenhro1euis cordifolia Nephrolepis brownii (= N. multiffora) Nevraudia revnairdiana cristata Paederia cruddasiana Paederia foetida Panicum repens Permiseturn purporeom Phymatosorus scolopendria Pistia stratioles Psidium cattleianuen (=P. littorale) Psidium orraiava Japanese false spieenwort winged yarn air -potato water -hyacinth Surinam cherry laurel fig hydrilla green hygro West Indian marsh grass cogon grass water -spinach Gold Coast jasmine Brazilian jasmine lantana, shrub verbena glossy privet Chinese privet, hedge privet Japanese honeysuckle Peruvian primrosewillow kripa; white -flowered mangrove; black mangrove Tropical American water grass Japanese climbing fern Old World climbing fern cat's claw vine sapodilla melaleuca, paper bark Natal grass catclaw mimosa nandina, heavenly bamboo sword fern Asian sword fern Burma reed, cane grass crested floating heart sewer vine, onion vine skunk vine I torpedo grass Napier grass serpent fern, wart fern water -lettuce strawberry guava guava N C, S N, C N N, C, S N N, C, S N N, C, S C„ S C, S RU N, C, S P,U N,C,S 6, S N, U N, C, S P,u C C,S C, S N, C, S N, C C, S N, C, S N, C, S S N N, C, S 0,5N NC,S S C, S P, N, N, 0, S P,N, ' C S U C N.0,S 10, S N C, S 1\1 N N, C, S N, 0, S. 5 N, 0, S S C, S Pueraria !nonfarm var. /ubara (=P. lobata) Rhocforovrins lomenfosa Rhynchelyfruni repens (=Mefinis repens) RueIlia brilloniana (= R. tweediana mi:sapplied) Salvinia minima kudzu downy rose -myrtle Natal grass i Mexican petunia water spangles &whim sehiferurn (=Triadica sebifera) popcorn tree., Chinese tallow tree Scaevola faccada (=Scaevola sericea, S. fruioscens) Scheffiera achnonhvtla (=Brassaia actinophylta) Schinus ferebinthifolius Scleria lacustris Senna nendula var. glabrafa (=Cassia coluteoides) Solaniwi tamp/cense (=S. houston0 Solarium Syngonium podophyllum Svzvorum curnini Teclarin incisa Thesnesia 001)01000 Tradeseanlia fluminensis Urena lobafa ' Urochloa umlica (= Brach/aria mut «. Category 11 scaevola, half -flower, beach naupaka Ischefflera„ Queensland umbrella tree Brazilian pepper 1Wrights nutrush climbing cassia, Christmas cassia, !Christmas senna 1wetland nightshade, aquatic soda apple tropical soda apple arrowhead vine ijambolan plum, Java plum incised halberd fern seaside mahoe small -leaf spiderwort Caesars weed Para grass N N, C, S N C, S N, C, S N, C, S N, C, S N N, C, S N S C. S P, N N, C, S N, C, S C, S C, N, C, S N, C, S C, S C, s N. C N, C, S C. S N, U N, U Invasive, exotics that have increased in Ethl..indariCe or frequency but have not yet altered Florida planl communities to the extent shown by Category I species. These species IIey become Mrilieci Category 1, if ecological damage iS demonstralcd. Species names below are linked 10 00100pondio15 pooe:J, Inchlification ;aid Hrolow of M,r(O.Jahvo Plants 10t' Natural Afeas (first edition), by Ken Langeland and Kathy Craddock Burks, eds 1998. University of I londa, Gainesville, 165 pp.. Scientific Name Adenanthera pavonina Agave sisalana Afeuriles fora (=Vernicia fordii) Alstonia macrophylla Allernanfliera philoxeroides igonon leptopirs Ardisia japonica Aristolochia littoralis Common Name, red sandalwood sisal hemp lung oil tree devil tree alligator weed coral vine Japanese ardisia calico flower Gov. List Reg. Dist. C,, S N, C • N, C, S N, C, S N N, C, S Asystasia gange(ica Begonia cuculla(a Blechurn pyramidaturn Broussonetra papyrifera Bruguiera gymnorrhiza Callisia fragrans Callistemon viminalis Casuarina cunninghamiana Cecropia palmata Cestrum diunr(1111 Charnaedorea seifrizii Clematis terniffora Cocos micifera Cryptostegia madagascariensis Cyperus involucratus (C. afternifolius misapplied Cyperus profiler Dactyloctenium aegyptium Dalbergia sissoo Elaeagnus umbellata Elaeagnus pungens Epipretnnum pinnatum cv. 'Aureum' Ficus altissima F laco urtia indica Hemarthria allissirna Hibiscus tiliaceus (= Talipariti tiliace um) Hyparrhenia rufa Ipomoea fistulosa carnea ssp. listulosa) Kalanchoe pinnata Koetreuteria elegans ssp. formosana (=K. formosana; K. panicula(a misapplied) Leucaena leucocephala Landoltia punctata (= Spirodela punctata) Limnophila sessiliflora Livistona chinensis Melia azedarach Melinis minutiflora Merremia tuberosa Mikania rnicrantha Murraya .paniculata MyriophylIcIrnspicaturn Panicurn maximum (=Urochloa maxima, Megathyrsus rnaxirnus) Passiflora biflora Ganges piimrose wax begonia green shrimp plant, Browne's blechum paper mulberry large -leaved mangrove inch plant, spironema bottlebrush, weeping bottlebrush river sheoak, Australian -pine trumpet tree day jessamine bamboo palm Japanese clematis coconut palrn rubber vine umbrella plant dwarf papyrus Durban crowfootgrass Indian rosewood, sissoo silverberry, autumn olive silverlhorn, thorny olive pothos false banyan, council tree governor's plum kmpo grass mahoe, sea hibiscus jaragua shrub morning-gIory life plant ftlamegold tree lead tree Spotted Duckweed Asian marshweed Chinese fan palm Chinaberry Molassesgrass wood -rose mile -a -minute vine orange -jessamine Eurasian water-irnyfoil C, S N, C, S N, C„ S N, C„ S C. s S C, S C S C, S ,C, S N N, C C, 'S C, S C„ S S P S C, S C„ S 'N N C, S N, C, S P, U N, C„ S C. S N, C, S C,S N, U S P C, S Guinea grass N, C, S two -flowered passion vine Penniseturn setaceum Phoenix rectinata Phyilostachys aurea Pittosporum pentandrum Piens vittata P(ychosperma elegans Rhoeo spathacea (see Tradescantia spathacea) Ricinus communis Rotala rotundifolia Sansevieria hyacinthoides Sesbarria punicea Solanum diphyllurn Solanum torvEM) Sphagneticola trilobata (=Wedelia trilobata) Stachytarpheta cayennensis (=S. udicifolia) Syagrus romanzoffiana (=Arecastrum romanzoffianum) 1Syzygium jainbos Talipariti tiliaceurn (= Hibiscus tiliaceus) Terrninalla catappa Terrninalia muelleri Tradescantia snathacea (=Rhoeo spathacea, Rhoeo discolor) Tribulus cisloides 1Vitex trifolia Washingtonia robusta Wedelia (see Sphagneticola above) Wisteria sinensis Xanthosorna sagittifolium Citation example: green fountain grass Senegal date palm golden bamboo Philippine pitlosporum, Taiwanese cheesewood Chinese brake fern solitaire palm castor bean roundleaf too Incup, dwarf Rotala bowstring hemp purpte sesban, rattlebox two -leaf nightshade susurnber, turkey berry wedelia nettle -leaf porterweed queen palm Malabar plum, rose -apple mahoe, sea hibiscus tropical -almond Australian -almond oyster plant puncture vine, burr -nut simple -leaf chaste tree Washington fan palm Chinese wisteria malanga, elephant ear U c, N, C N, C, S N,C,S N, 0, S N, 0, S IN, 0,5 IN, 0, S S N, 0,5 0, 5 c, s N, 0, S 0, N N, C., 5 FLEPPC. 2011. List of Invasive Plant Species. Florida Exotic Pest Plant Council. Internet: http://www.fleppc.org/list/11Iist.htm or Wildland Weeds Vol. 14(3-4):11-14. Summer/Fall 2011. The 2011 list was prepared by the FLEPPC Plant List Committee: Keith A. Bradley — Chair (2006 -present), The Institute for Regional Conservation, 22601 SW 152nd Ave., Miami, FL 33170,(305) 247-6547, bradley@regionalconservation.org Janice A. Duquesne!, Florida Park Service, Florida Department of Environmental Protection, P.O. Box 1052, Islamorada, FL 33036,(305) 664-8455, Janice.Duquesnel@dep.state.flus David W. Hall., Private Consulting Botanist, 3666 NW 13th Place, Gainesville, FL 32605, (352) 375-1370 Roger L. Hamme/, Retired Naturalist aodAoUm� 17360 Avocado Drive, Humeomad, FL 33030, Patricia L. Howell, Broward County Parks, Environmental Section, 950NVV38th8L. Oakland Park, FL333V9.(S54) 357-8137, phowell©broward.org Colette C.Jmcnno.U3DA/APHS/PPO.1S11 SVV34thStreet, Gainesyll|u.FL328O8.(352)2584458. Cn|o8a.CJauono©aphiuunUagnv Kenneth A. Langeland, University ofFlohUa|FA3.Center for Aquatic and Invasive PlaNe.7822NVY71stSL. Gainesville, FL32053,(352)392'8014.Aamr8©,uUodu Chris Lockhart, Florida Natural Areas Inventory, mbP.O.Box 24311G.Boynton Beach, FL33424-3118.(561)738- 1179, ohris@lookharts.org Gil Nelsori, Gil Nelson Associates, 157 Loonard's Dr., Thoniasville, GA 31792, gil@gilnelson.com Robert W. Penoberuon, Research Associate, Florida Museum of Naum| History and Fairchild Tropical Botanic Garden, 2121 SW 20\hTerrace, For( Laudenia|c,FL 33312.npcmhouon5@gmaiicom Jimoi L. Sadie, Everglades National Park, 40001 State Road 9336, Homnsmod, FL 33034, (305) 242-7806, Jimi_3ad|o@nPs.Oo' Robert VV.Simons, 1122SVV11thAvc,Gainesville, FL32601-781O Daniel B. YVanj, Department of Botany, University of Florida, 220 Bartram Hall, Suinesv |e. FL 32611 Richard P.VYunderlinInstitute for Systematic Botany, Dept. ofBiological Sciences. UoivecahyWSouth Florida, Tampa, FL 33620, (813) 974-2359, rwunder ,as.vpLeov FLEPPC Database The Florida Exotic Pest Plant Database contains over 211,000 sight. records of infestations of FLEPPC Category I and Category U species in Florida public lands and waters. 143 species are recorded. Nearly all of the records are from local, state, and federal parks and preserves; a few records document infestations in regularly disturbed public lands such as highways or utility rights-of-way. Natural area managers and other veteran observers of Florida's natural landscapes submit these records, with many supported further by voucher specimens housed n local or regional herbaria for future reference and verification. New and updated observatlons can be submitted online at vm^w.eddmans..mrq/Omhda/. This database, along with other plant data resources such as the University of South Florida Atlas of Florida Vascular Planls at v*vw,p|nn1adoa.us(.edu,/he Florida Natural Areas Inventory database at .www.fnaLoro, and The Institute for [Regional Conservation Floristic inventory of South Florida database at www.reoionaluonnewmdoo.own, provides important basic supporting information for the FLEPPC List of Invasive Plant Species. Images of FLEPPC may he found at one or more of the following websites: University of South Florida Atlas of Florida Vascular Plams, vmmw.n|antadas.uu[edu; the University of Florida F-lerbariurn coliection catalog, at Fairchild Tropical Botanc Gardens VirtLJaI Heibarium, ,om/vhooAaih1mkThe Robert K. Godfrey Herbarium at Florida State Unive/si\y.Jttill);//be[bprium.bin.hsu.edv/indevoho; the University of Florida's IFAS Center for Aquatic and Invasive P|anis, hmip://p|an\nj|auuOLodu, and the USDA PLANTS database, hKn:Vn|omsusda.povi. Please note that qreator succoss and accuracy in searching for plant information is likety if you search by scientific name rather than common name. Common names often vary in cultivation and across regions. Use of the FLEPPC List The FLEPPC List of Invasive Plant Species is not a regulatory list. Only those plants listed as Federal Noxious Weeds, Florida Noxious Weeds or Efl local ordinances are regulated by law. FLEPPC encourages use of the Invasive Species List for prioritizing and implementing management efforts in natural areas, for educatng lay audiencos about environmental iosues, and for supporting voluntary invasive plant removal programs. For more information on using the FLEPPC List of Invasive Plant Species, se* Nildla,d Weeds Summer 2002 issue (Vol, 5, No, 3), pp, 16-17, or NOTE:Not all exotic plants brought into Florida become pest plants in natural aroas, Tho FLEPPC List o[ lnvasive Plant Species represents only about 11°A, of more than 1,400 exotic species that have been introduced into Florida and have subsequently established outside of cultivation. Most escaped exotics usually present only minor problems in highly disturbed areas (such as roadsides). And there are other exotics cultivated in Florida that are "well-behaved" — that is, they don't escape cultivation at all, QUICK INKS FLEPPC List of invasi e Plant S.ecie Exotic Pest Plant Databas Publications D‘,"1,1,,,„"1„ II !110: ,lojao View Distribution Report Infestations About EDDMapS Website Developed Maintained and tioste Provide Foe 1 Questions or to mOY the enter for Invasive Species and Ecosystem ea t a e�'^� •••••••••'' •`� City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/17/2013 Item No. 6 Subject: Ordinance No. 02-2014; amending Chapter 110, Zoning, related to variances and special exceptions; authorizing the city manager to extend variance and special exception approvals for a period of 12 months; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. Department: Community and Economic Development Summary: The Code currently allows for a 12 month extension of variance and special exception approvals by the Board of Adjustment, if the property owner demonstrates good cause. Sec. 110-32. Expiration of variance or special exception; abandonment. (a) Any variance or special exception approved by the board of adjustment pursuant to this article shall' expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the variance or special expiration is issued by the city within said time period. Upon written request of the property owner, the board of adjustment may extend the expiration date, without public hearing, by an additional 12 -month period, provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the board of adjustment prior to the expiration of the first 12 -month period. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the variance or special exception shall be deemed expired and null and void. (b) Thereafter, a variance or special exception shall expire and become null and void if the use granted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with this Code. Once a variance or special exception has lapsed due to abandonment, the applicant must resubmit its request for variance or special exception pursuant to this article. (Ord, No. 11-2005, ' 2, 5-21-05) Staff would like to revise Section 110-32 to allow for the City Manager to grant the extension for good cause rather than the Board of Adjustment. By allowing the City Manager to grant the extension, time and City resources will be saved. A Board of Adjustment meeting will riot have to be held, saving the cost of Staff and City Attorney time. Planning & Zoning Board reviewed the proposed Code revision on November 13, 2013 and recommended approval. Submitting Director: Barry Brown Date: 12/09/13 Attachments: (1) Ordinance No. 02-2014 and (2) Planning & Zoning Board Recommendation. City Council Meeting Date: 12/17/2013 Item No. Page 2 of 2 Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and Codification. Reviewed by Finance Director: John DeLeo The City Manager recommends that City Council Adopt Ordinance No. 02-2014, first reading. Date: / e the following actions: Approved by City Manager: David L. Greene 0 Date: i&-/ City Council Action: [ 1 Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Ls ORDINANCE NO. 02-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, RELATED TO VARIANCES AND SPECIAL EXCEPTIONS; AUTHORIZING THE CITY MANAGER TO EXTEND VARIANCE AND SPECIAL EXCEPTION APPROVALS FOR A PERIOD OF 12 MONTHS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Code currently provides that variances and special exceptions approved by the Board of Adjustment shall expire 12 months after the effective date of approval unless a building permit is issued based upon and incorporating the approved variance or special exception; and WHEREAS, the Board of Adjustment is currently authorized to extend the expiration date for variances and special exceptions for good cause shown upon request of the applicant; and WHEREAS, the City Council desires to modify the extension procedures to authorize the City Manager to grant extensions of approved variances and special exceptions; and WHEREAS, the City Council believes that delegating this extension authority to the City Manager instead of the Board of Adjustment, as set forth herein, will expedite the processing of extension requests and preserve the City's resources; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City City of Cape Canaveral Ordinance No. 02-2014 Page 1 of 3 of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE II. PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY * * * Sec. 110-32. Expiration of variance or special exception; abandonment. (a) Any variance or special exception approved by the board of adjustment pursuant to this article shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the variance or special expiration is issued by the city within said time period. Upon written request of the property owner, the city manager board efadj...t....,..t-may extend the expiration dates, by an additional 12 - month period, provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the city manager L„u. d .f prior to the expiration of the first 12 -month period. Any extension granted by the city manager pursuant to this section shall not increase the scope or intensity of the special exception or variance. Further, the approved special exception or variance shall remain subject to any applicable terms and conditions imposed as part of the board of adjustment's original approval. In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the variance or special exception shall be deemed expired and null and void. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. City of Cape Canaveral Ordinance No. 02-2014 Page 2 of 3 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2014. ATTEST: ANGELA APPERSON, City Clerk / Assistant City Manager First Reading: Legal Ad published: Second Reading: Rocky Randels, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 02-2014 Page 3 of 3 CcImmunity & Economic Development Department Memo TO: Barry Brown, Planning & Zoning Director FROM: Susan Susan L. Chapman, Secretary. Planning & Zoning Board ..(7) THROUGH: R. Lamar Russell, e.hairpersoi . Planning & Zoning Board DATE: November 4, 2013 RE: Recommendation to City Council - Ordinance to Allow the City Manager to Grant Extensions for Special Exceptions and Variances., rather than the Board of Adjustment At the Planning & Zoning Board Meeting held on November 13, 2013, the Board reviewed and held discussion regarding the above referenced Ordina.nce. By a (4) to (1) majority vote the Board recommended that Council approve the Ordinance. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/17/2013 Item No. 7 Subject: Appointment of Voting Delegate/Director and an Alternate to the Space Coast League of Cities. Department: Legislative Summary: Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and an Alternate to the League. Only the member municipality's elected officials, city manager, city attorney, city clerk and department directors are eligible to be a Voting Delegate/Director and an Alternate. The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and as its representative to the Board of Directors. The Voting Delegate and the Director are the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. Council Member Walsh is the current Voting Delegate/Director and Council Member Hoog is the Aiternate. Submitting Department Director: Angela Apperson Date: /01/(3 Attachment: Supporting Documents Financial Impact: None Reviewed by Finance Director: John DeLeo The City Manager recommends that City Council ta, Designate a Voting Delegate/Director and an Alternate. Date: ,//-/11 the following actions: Approved by City Manager: David L. Greene Date:tibt /13 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 11/13/2013 15:46 3216363193 NGLASS PAGE 01/02 SPACE COAST LEAGUE OF CITIES CAPE CANAVERAL INN ALANTIC MELBOURNE BEACH ROCKLEDGE COCOA INDIAN HARBOUR BEACH MELBOURNE VILLAGE SATELLITE BEACH COCOA BEACH MALABAR PALM BAY TITUSVILLE GRANT-VALKARIA MELBOURNE PALM SHORES WEST MELBOURNE "CITIES BREVARD WORKING TOGETHER" TO: All Municipal Clerks FROM: Nancy Glass/d RE: Appointment of League Voting Delegate/Director Please complete the accompanying form as soon as your municipality re -organizes. I will need a copy, for file, even if there is no change. Thanks Space Cost League of Cities 0 1600 Huntington Lane 0 Rockledge, ILL 32955 0 FAX (321) 636-3193 ❑ Telephone (321) 6309916 11/13/2013 15:46 3216363193 NGLASS ACE C PAGE 02/02 E4 G JE OF CAPE C/IIVVERAI. INDIALANTX (14 at OUP NE BEACH ROCKLEDGE COCOA IN0fAN HARBOUR BEACH MELBOURNE tRLIAGB SATEWTE BEACH COCOA BEACH LABA R PALM BAY TITUSVILLE GRANT-VALKARIA MELBOURNE PALM SHORES WEST MELBOURNE "CITIES OF BRE//RD WORKING TOGETHER" Appointment of League Voting Delegate/Director The Bylaws of the Space Coast League of Cities require the following: * Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and Alternate to the League. agikikyi Only the member municipality's elected officials, manager, attorney, clerk, and department heads are eligible to be a Voting Delegate/Dlrector and Alternate, Any Voting Delegate/Director or Alternate who ceases to hold such a position ceases at the same time to be a Voting Delegate/Director or Alternate. Functions: The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and its representative to the Board of Directors. The Voting Delegate and the Director are the same person. The sole function of the Alternate for the Voting Delegate/Director is to vote in the.. absence of the Voting Delegate/Director. * Following the appointment, the names of the Voting Delegate/Director and the Alternate must be promptly certified in writing to the League Secretary. * Because the number of votes allocated to member municipalities for membership meetings is based upon population, each member municipality must also certify its current population figures when it certifies its Voting Delegate/Director and Alternate. Accordingly, please provide and certify the information requested below and return this fon promptly to the League Executive Secretary at the address or fax number shown at the bottom this page. Municipality Voting Delegatre/Director Alternate Voting Delegate/Director Date Appointed by Governing Body hereby certify that the above-named persons were duly appointed by our governing body and that the foregolng information is correct. Current Population Home Phone Delegate's email Municipal Clerk's signature Space Coast League of Cities - 1600 Huntington Lane - Rockledge, Fi 32955 - FAX (321) 636-3193 - Phone (321) 636-9916 Email: 5dcrrancy@gmail.com City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/17/2013 Item No. 5. Subject: Consider Application for Satisfaction or Release of $40,750.00 Code Enforcement Lien, Case No. 2012-00005, 201 International Dr., Unit #214. Department: Code Enforcement Summary: On February 23, 2012 the Code Enforcement Board entered an Order Imposing Penalty against the above -referenced unit of two hundred fifty dollars ($250.00) per day until the violation is corrected and full compliance is confirmed (Attachment #1). During the period of non-compliance, the unit was owned by the Tina Stewart Estate. On August 3, 2012 the property was brought into compliance (Attachment #2). The lien stopped accruing and the total fine is $40,750.00 (Attachment #3). On August 13, 2012 Federal National Mortgage Association purchased the property for $148,485.28 pursuant to a final judgment of foreclosure sale (Attachment #4). On November 6, 2013 the owner applied for the full satisfaction of the Code Enforcement Lien (Attachment #5) due to the fact that they were not the owners at the time of the violation and the property is currently in habitable condition. On November 21, 2013 the Code Enforcement Board recommended the City Council reduce the outstanding lien to ten thousand dollars ($10,000.00). The draft Board Minutes (Attachment #6) and the Code Enforcement Board recommendation memo (Attachment #7) are included herewith. Current market value according to Brevard County Property Appraiser is $53,890.00. Staff supports the recommendation to reduce the lien to ten thousand dollars ($10,000.00) because the amount of the lien is disproportionate to the value of the property. Submitting Department Director: Todd Morley ivirimiq Date: 11/26/2013 Attachments: #1 - February 23, 2012 Board Order #2 - Notice of Compliance #3 - Current lien amount calculation #4 - Final Summary Judgment of Foreclosure #5 - Application for Satisfaction or Release of Code Enforcement Lien #6 - Draft Minutes from the November 215' meeting #7 - Code Enforcement Board Memo City Council Meeting Date: 12/17/2013 Rem No. S Page 2 of 2 Financial Impact: Up to $30,750.00 in forgone lien collections; Staff time for preparation of Agenda Item. Reviewed by Financial Services Director: John DeLeo The City Manager recommends that City Council take Approve the request in the amount of $10,000.00. Date: e foliowing action: Approved by City Manager: David L. Greene i,(i) - 1.- Date :," 2.,r, City Council Action: [ ] Approved as Recommended [ 1 Disapprove [ ] Approved with Modifications [ ] Tabled to Time Certain /3 c ":'""."'""'"'''''.:1111"''''''''".':''''".''''!!'''''''"AIN11111111111111111111111111111111111111111(11111111 I 111111,- ' IIIIIIIIIIIIIIIIIIIIIIIIIIII I.VJI 1111 100,11U''' City of Cape Canaveral Building Department/Code Enforcement CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, v. Tina Stewart Estate Owner of the Property located at: 201 International Drive, Unit 214 Cape Canaveral, FL 32920 Case #12-00005 CFN 2012042297, OR BK 6551 PAGE 3, Recorded 03/06/2012 al 1245 PM, %let' Needelman, Clerk of Courts, Brevard County Pgs:2 LEGAL: THE OAKS CONDO PH II AS DESC IN ORB 2466 PG 2562 AND ALL AMENDMENTS THERETO Respondents, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on February 23, 2012 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondents were provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 108,1.3, Structure Unfit for Human Occupancy; Section 304.1, General; and Section 306.1, Infestation, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City Code exist or existed upon the Property and Respondents were further provided a reasonable time to correct said violation; 3. That Respondents either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondents were provided notice of hearing before the Code Enforcement Board and were not present at the hearing; 7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www.mvflorida.com/capc e-mail: cityofcapecanaveral.org Case #12-00005 4. That based on the testimony and evidence presented, Respondents have violated the City Code, to wit: Section 108.1.3, Structure Unfit for Human Occupancy; Section 304.1, General; and Section 306.1, Infestation, of the of the International Property Maintenance Code (1998 edition), as adopted by Section 82-221, of the City of Cape Canaveral Code of Ordinances; Section 34-122(a), Public Nuisances Prohibited; and Section 34-96, Standards Established, of the City Code; 5. That said violations exist or existed within the City of Cape Canaveral and that such constitute violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine shall be entered immediately in the amount of two hundred and fifty dollars ($250.00) per day, including all cost authorized by law related to the violation. until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondents shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 2. The Clerk of the Code Enforcement Board is hereby directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent. 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of February, 2012. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA 7 Mary Rush ll, Chairperson Copies furnished to: Tina Stewart Estate City of Cape Canaveral, Case File CE August 3, 2012 I Ci Community of Cape C avers I Economic Development Department CODE ENFORCEMENT NOTICE OF COMPLIANCE Tina Stewart Estate 201 International Drive, Unit 214 Cape Canaveral, FL 32920 CASE NO: 2012-00005 LOCATION OF VIOLATION: 201 International Drive, Unit 214 Cape Canaveral, FL 32920 PARCEL ID: 24-37-23-00-00295.5-0000.00 RESPONDENT(S): Tina Stewart Estate, The property was found in compliance on August 3, 2012, by meeting the requirements of the Notice of Violation. DESCRIPTION OF VIOLATION: Section 82-221, International Property Maintenance Code as Adopted (IPMC); IPMC Section 108.1.3, Structure Unlit for Human Occupancy, IPMC Section 304.1, General; IPMC Section 306.1, Infestation. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to contact me at (321) 868-1222. Sincerely, buree Alexander Code Enforcement Officer 7510 NI,Atlantic Avenue Post Offlcc Box 326 Cape Canaveral., FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.cityofcapecanaver.al.org • email: info@ciryofcapccanaveral,org 0'.'i/),!11,111/11111r"" November 13, 2013 Ca.e anavera I C0111 rn unity Development Department CITY OF CAPE CANAVERAL CODE ENFORCEMENT DIVISION PAYOFF OF LIEN A Code Enforcement Board Order was filed on 3/06/12, for the property known as 201International Drive Unit 214, Cape Canaveral, Florida. 32920. The legal is THE OAKS CONDO PH 11 AS DESC TN ORB 2466 PG 2562 AND ALL AMENDMENTS THERETO. Parcel 1D# 24-37-23-00-00295.5-0000.00. The Brevard County recorded this lien as CFN2012042297 OR BK 6551, PG 0003 Brevard County Clerk of Court. The fines are as follows: 2/23/12 (7) days @ 250.00 = $ 1,750.00 3/12 (31) days @ 250.00 — 7,750.00 4/12 (30) days @ 250.00 = 7,500.00 5/12 (31) days @ 250.00 = 7,750.00 6/12 (30) days @ 250.00— 7,500.00 7/12 (31) days @ 250.00= 7,750.00 8/12 (3) days @ 250.00— 750.00 T01 Al. 0,750.00 )1,..1E The property was found in compliance on August 3, 2012. 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FI, 32920-0326 Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 368-1206 • Fax & Inspection: (321) 868-1247 www.c.:ityolcapec.anavvral,org • ccapccanaveralOcil.momi IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, CASE NO.: 05 -2011 -CA -031118 Vs. TINA STEWART, UNKNOWN SPOUSE OF TINA STEWART, HARBOR OAKS CONDOMINIUM ASSOCIATION, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MIN#100039293956227742), UNKNOWN TENANT(S) IN POSSESSION #1 and #2, and ALL OTHER UNKNOWN PARTIES, including, if a named Defendant is deceased, the personal representatives, the surviving spouse, heirs, devisees, grantees, creditors, and all other parties claiming, by, through, under or against that Defendant, and all claimants, persons or parties, natural or corporate, or whose exact legal status is unknown, claiming under any of the above named or described Defendants, Defendant(s). FINAL SUMMARY JUDGMENT OF FORECLOSURE, THIS CAUSE, having come before the Court upon Plaintiff's Motion for Summary Judgment of Foreclosure, upon Plaintiffs Complaint to Foreclose Mortgage and upon the documents in support thereof, and the Court being fully advised in the premises, IT IS ORDERED, ADJUDGED, AND DECREED THAT: 1. Plaintiff, FEDERAL NATIONAL MORTGAGE ASSOCIATION, is due: 11-28925 S, As unpaid principal of the indebtedness agreed to be paid in the mortgage herein foreclosed and the note secured thereby $141.678.45 Interest on said principal balance through August 15, 2011 $3.415.81 Per diem Interest at $7.76 from August 16, 2011 through May 3], 2012 $2.250.40 Late Charges accrued up to the acceleration date $98.48 Escrow Advance for Taxes $8.90 Inspection Fee $146.00 Suspense Balance $(245.261 Filing Fees $952.50 Service of Process $180.00 Total $148.485.28 together with such further costs as may be incurred by the Plaintiff in this action, including, but not limited to, the sale fee and publication of the Notice of Sale, and any advances made by the Plaintiff subsequent to August 2nd, 2011, which are proper under the terms of the Note and Mortgage foreclosed herein. Following entry, this Judgment shall bear interest at the prevailing legal rate of interest pursuant to Florida Statute Section 55.03. 2. Due and legal Service of Process has been made upon all of the Defendant(s). This Court has Jurisdiction of the parties in this cause and the subject matter thereof. Further, the allegations contained in Plaintiffs Complaint have been proven by competent evidence and the equities in this cause are with the Plaintiff. 3. The Mortgage sued upon by the Plaintiff in this cause constitutes a valid lien upon the property hereinafter described and the Mortgage is in default as alleged in the Complaint. 4. Plaintiff holds a lien for the total sum superior to any claim or estate of all Defendants, on the following described property in Brevard County, Florida: UNIT 214, PHASE II, OF THE OAKS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 2466, PAGE 2491 AND AMENDED IN OFFICIAL RECORDS BOOK 2466, PAGE 2562, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED INTEREST OR SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO. 5. If the total sum with interest at the rate described in paragraph 1 and all costs accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at 11-28925 2 public sale on 1,f ,1a `7) ZQ 1. L , at 11:00 AM, to the highest bidder for cash, at the Brevard bounty Government Center - North, 5 l 8 South Palm Avenue, Brevard Room, Titusville, FL 32796 in accordance with section 45.031, Florida Statutes. 6. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed for them by the clerk if plaintiff is not the purchaser of the property for sale. If plaintiff is the purchaser, the clerk shall credit plaintiffs bid with the total sum with interest and cost accruing subsequent to this judgment, or such part of it, as is necessary to pay the bid in full. If plaintiff is purchaser, the clerk shall issue title to plaintiff, or its Assignee (upon Assignment of Bid with Clerk), without further payment or Order of this Court, except as herein provided. 7. On filing the certificate of title, the clerk shall distribute the proceeds of the sale, so far as they are sufficient by paying: first, all of plaintiffs costs; second, documentary stamps affixed to the certificate; third, plaintiffs attomey's fees; fourth, the total sum due to plaintiff, less the items paid, plus interest at the rate prescribed in paragraph 1 from this date to the date of the sale; and by retaining any remaining amount pending the further order of this court. 8. On filing the certificate of sale, defendant(s) and all persons claiming under or against defendant(s) since the filing of the notice of lis pendens shall be foreclosed of all estate or claim in the property, except as to claims or rights under chapter 718 or chapter 720, Florida Statutes, if any. Upon the filing of the certificate of title, the person named on the certificate of title shall be let into possession of the property. The right of redemption shall terminate upon the issuance of the certificate of sale as per Florida Statute 45.0315. 9. Jurisdiction of this action is retained to enter further orders to give Plaintiff adequate and complete relief as may be necessary and proper, including: (1) the entry of a writ of possession; (2) entry of a deficiency decree if borrower(s) has not been discharged in Bankruptcy or constructively served; and (3) determining the claims in and to any cash surplus that may be produced at the foreclosure sale, together with additional attorney's fees, if applicable. 10. In the event that a foreclosure sale is conducted pursuant to this Order and the successful purchaser fails to pay the initial deposit to the Clerk of Court and/or pay the complete purchase price to the Clerk of Court in accordance with the rules of the sale, the Clerk of Court shall reschedule the foreclosure sale pursuant to Florida Statute §45.031(2). i1-28925 3 11. IF THIS PROPERTY IS SOLD AT PUBLIC AUCTION, THERE MAY BE ADDITIONAL MONEY FROM THE SALE AFTER PAYMENT OF PERSONS WHO ARE ENTITLED TO BE PAID FROM THE SALE PROCEEDS PURSUANT TO THIS FINAL JUDGMENT. IF YOU ARE A SUBORDINATE LIENHOLDER CLAIMING A RIGHT TO FUNDS REMAINING AFTER THE SALE. YOU MUST FILE A CLAIM WITH THE CLERK NO LATER THAN 60 DAYS AFTER THE SALE. IF YOU FAIL TO FILE A CLAIM, YOU WILL NOT BE ENTITLED TO ANY REMAINING FUNDS. 12. IF YOU ARE THE PROPERTY OWNER, YOU MAY CLAIM THESE FUNDS YOURSELF. YOU ARE NOT REQUIRED TO HAVE A LAWYER OR ANY OTHER REPRESENTATION AND YOU DO NOT HAVE TO ASSIGN YOUR RIGHTS TO ANYONE ELSE 1N ORDER FOR YOU TO CLAIM ANY MONEY TO WHICH YOU ARE ENTITLED. PLEASE CHECK WITH THE CLERK OF COURT. 2825 JUDGE FRAN JAMIESON WAY. VIERA. FL 32940 0. WITHIN TEN (10) DAYS AFTER THE SALE TO SEE IF THERE IS ADDITIONAL MONEY FROM 111E FORECLOSURE SALE THAT THE CLERK HAS 1N THE REGISTRY OF THE COURT. IF YOU DECIDE TO SELL YOUR HOME OR HIRE SOMEONE TO HELP YOU CLAIM THE ADDITIONAL MONEY. YOU SHOULD READ VERY CAREFULLY ALL PAPERS YOU ARE REOUIRED TO SIGN. ASK SOMEONE ELSE, PREFERABLY AN ATTORNEY WHO IS NOT RELATED TO THE PERSON OFFERING TO HELP YOU. TO MAKE SURE THAT YOU UNDERSTAND WHAT YOU ARE SIGNING AND THAT YOU ARE NOT TRANSFERRING YOUR PROPERTY OR THE EOUITY IN YOUR PROPERTY WITHOUT THE PROPERTY INFORMATION. IF YOU CANNOT AFFORD TO PAY AN ATTORNEY. YOU MAY CONTACT BREVARD COUNTY LEGAL AID, INC. 1017 SOUTH FLORIDA AVENUE. ROCKLEDGE. FL 32955 (321-631-2500) TO SEE IF YOU OUALIFY FINANCIALLY FOR THEIR SERVICES. IF THEY CANNOT ASSIST YOU. THEY MAY BE ABLE TO REFER YOU TO A LOCAL BAR REFERRAL AGENCY OR SUGGEST OTHER OPTIONS. IF YOU CHOOSE TO CONTACT BREVARD COUNTY LEGAL AID. INC. 1017 SOUTH FLORIDA AVENUE. ROCKLEDGE, FL 32955 (321-631-2500) FOR ASSISTANCE. YOU SHOULD DO SO A SOON AS POSSIBLE AFTER RECEIPT OF THIS NOTICE. 11-28925 4 13. Should the subject property be sold to a third party at the foreclosure sale, the Clerk of Court is directed to make the full amount of the sale proceeds due Plaintiff payable as follows: POPKIN & ROSALER, P.A. TRUST ACCOUNT, 1701 WEST HILLSBORO BOULEVARD, SUITE 400, DEERFIELD BEACH, FL 33442. DONE AND ORDERED in chambers at Viera, Brevard County, Florida this 3161 day of May, 2012. Original Signed On MAY 31 BIZ ROBERT T. BURGER obert T. Steger Circuit Court Judge By Ci Circuit Copies Provided to: Brian L. Rosaler, Esquire POPKIN & ROSALER, P.A. 1701 West Hillsboro Boulevard Suite 400 Deerfield Beach, FL 33442 Tina Stewart 201 International Dr #214 Cape Canaveral, FL 32920 Juan G. Mejia, Esq 3300 PGA Blvd, Suite 570 Palm Beach Gardens, FL 33410 Mortgage Electronic Registration Systems Inc. (MIN#100039293956227742) c/o CT Corporation System, Registered Agent 1200 South Pine Island Road Plantation, FL 33324 11-28925 5 CFN 2012162034, OR BK 6669 Page 864, Recorded 08/16/2012 at 10:11 AM, Mitch Noodelman, Clerk of Courts, Brevard County JN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA FEDERAL NATIONAL MORTGAGE ASSOCIATION, Plaintiff, vs. Case # 05-2011-CA-031118-XXXX-XX 11111111111 I II III IIN IIIc 11[11 IIIII EDI 111 019648987 CASE NO.: 05-201 I-CA-031118-XXXX-XX TINA STEWART, UNKNOWN SPOUSE OF TINA STEWART, HARBOR OAKS CONDOMINIUM ASSOCIATION, INC., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC. (MIN#100039293956227742), UNKNOWN 1'ENANT(S) IN POSSESSION #1 and #2, and ALL OTHER UNKNOWN PARTIES, including, if a named Defendant is deceased, the personal representatives, the surviving spouse, heirs, devisees, grantees, creditors, and all other parties claiming, by, through, under or against that Defendant, and all claimants, persons or parties, natural or corporate, or whose exact legal status is unknown, claiming under any of the above named or described Defendants, Defendant(s). CERTIFICATE OF TITLE The undersigned clerk of the court certifies that he or she executed and filed a certificate of sale in this action on July 25. 2012, for the property described herein and that no objections to the sale have been filed within the time allowed for filing objections. The following property in Brevard County, Florida: UNIT 214, PHASE II, OF THE OAKS, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORDS BOOK 2466, PAGE 2491 AND AMENDED IN OFFICIAL RECORDS BOOK 2466, PAGE 2562, PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. TOGETHER WITH AN UNDIVIDED INTEREST OR SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO. A/K/A: 201 INTERNATIONAL DR., UNIT 214, CAPE CANAVERAL, FL 32920. was sold to: FEDERAL NATIONAL MORTGAGE ASSOCIATION. 14523 SW MILIKAN WAY. SUITE 200. BEAVERTON. OR 97005. WITNESS my hand and the seal of the court on 1 �J , 2012. MITCH NEEDELMAN CLERK OF THE COURT omc By: 11-28925 Deputy Clerk 11,0 a c> 4r - PARCEL ID NO.: 24-37-23-00-00295.5-0000.09 This Document Prepared By: POPKIN & ROSALER, P.A. 1701 W. Hillsboro Blvd, #400 Deerfield Beach, FL 33442 a z 35? CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LEEN SF- 5 CODE ENFORCEMENT CASE #: — 0 COS APPLICATION FEE: $ iCiC)422, APPLICANT: VI; d.surrA ilthloi-cAOThoc-A-Tso Assexjatio9ATE: CY11V s ADDRESS: 4_10 PONIC_AN 4VF,-&-Aarn ok ,1\c‘r•ort-) z*,kve-l_ 0.:4-r) LAID art: 'NG r- c-44) \ A Pea('ir'‘ STATE: L.. IP: 1.D 1/4( ripjo ts aNd. t.V•A•h NATURE OF VIOLATION(S): 5. X( ASS vca 0 rtoCqC11-1'. 1 rN' P ADDRESS OF SUBJECT PROPERTY: DATE FINE/LIEN IMPOSED: L.D AMOUNT: Z407.4.) Q C) /DAY 0 COMPLIANCE DATE; Ovk le- • 9-1 Ong. •RELIEF RQtJESTE SATISFACTION DUCTION ((ircle one) IF REDUCTION, THE APPLICANT, C ur si>t-Nortz. PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE. oi THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) r* 5 c. 064 kPlc\ resVDrc-%410- • 4l.v) --PrNec rAc P or\ti- Lem() hounu2_ TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) •-• re -V. 2rQ crd. ) 3gar THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) 7-Cr..0 )_c1v PN f 4-1Ir it.% S 0.0 +0,h 43k,14) C.COrrf\\ nt CicAP • ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) 0 o.-) \VoAf•nok-k ns4 c011 paCir \k-) .5t-ene bed y 1 \ r OLIN sir o,r,el RAtrwc•c:\--irr-_-3\44P re AC) "irir)\S NrckcP2-4") Date: _CIDV - 5 (-Qn STATEOF ; d (1 COUNTY OF r Ard BEFORE ME the undersigned authority didpersonally appear Sciet-1 , who provided as identification, and who after being Iace under oath, stihre or affirmed the information contained within this application is true and correct. Netaty Putate State et Florida Cuiliart Ng My Commataton EE134806 fte' Expires 00129/2016 APPLICATION FEE: $ otaii Pub FOR STAPP USE ONLY RECEIVED BY CITY ON kluA.I. COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON A 05- .3, 20( R CODE ENFORCEMENT REVIEW ON I•lc.t.). 20t3 CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES 4. 13 ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE 11/06/2013 10:23 AH 00022794 Total 100.00 Cash Amount CK 053040 Amount $100.00 Code Enforcement Board Meeting Minutes November 21, 2013 Page 6 OLD BUSINESS: Case No. 12-0005 — Application for Satisfaction or Release of Code Enforcement Lien. (201 International Dr. #214) — Federal National Mortqade Assoc., Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation was for the condition of the property. Officer Alexander stated that a lien was filed against the property in the amount of two hundred and fifty dollars per day, from February 23, 2012 through August 3, 2012, and totaled forty thousand seven hundred and fifty dollars ($40,750.00) Randy Bock, Representative of Federal National Mortgage Assoc., requested a full satisfaction of the lien, less administrative costs, due to the fact that the pr perty is habitable and the bank was not the original violator. Officer Alexander respectfully requested that the Boa reduction of the lien in the amount of forty th ($40,750.00) to twenty thousand dollars ($20,000.0 Motion by Mr. Lotspeich, seconded by Mr. Hale, to the amount of forty thousand seven hundpnd fi dollars ($10,000.00). Vote on the motion car# 400 , 00161 end to the City Council the nnd sev u tired and fifty dollars mend that Council reduce the lien in dollars ($40,750.00) to ten thousand y ADJOURNMENT: There being no further business Approved on this Joy Lombardi, Board Secretary ned at 7:04 P.M. , 2013. Mary Russell, Chairperson *1= 7 Community and Economic Development Memo TO: David Greene, City Manager VIA: Todd Morley, Community and Economic Development Direct FROM: Joy Lombardi, Code Enforcement Board Secretary DATE: November 25, 2013 RE: Code Enforcement Board Recommendation to the City Council for the Satisfaction or Reduction of Lien (201 International Dr., Unit 214, Case #12-00005) At the November 21, 2013 Code Enforcement Board Meeting, the Board considered a request for satisfaction or reduction of a Code Enforcement Board Lien in the amount of forty thousand seven hundred fifty dollars ($40,750.00). Federal National Mortgage Association, property owner, requested the satisfaction of the Code Enforcement Board Lien in full due to the fact that they were not the owners at the time of the violation and the property is in compliance. The Board unanimously recommended that City Council reduce the outstanding lien to ten thousand dollars ($10,000.00). City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 12/17/2013 Item No. q Subject: Appoint Voting Delegate to the Space Coast Transportation Planning Organization (TPO) Governing Board, representing the North Beaches Coalition of Cape Canaveral and Cocoa Beach; and appoint Voting Delegate to the Technical Advisory Committee (TAC). Department: Legislative Summary: The Space Coast Transportation Planning Organization is a metropolitan planning organization established under Sec. 339.175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County. On February 19, 2013, the City of Cape Canaveral and the City of Cocoa Beach extended an Interlocal Agreement, through the year 2022, with the Space Coast Transportation Planning Organization (TPO). The Agreement allows each agency to continue sharing a delegate seat on the TPO Board as the North Beaches Coalition. The North Beaches Coalition Voting Delegate for 2013 is Cocoa Beach Commissioner Skip Williams and Alternate is Mayor Rocky Randels. 2014 is the City of Cape Canaveral's turn to choose a voting delegate and the City of Cocoa Beach will choose its Alternate. As a part of the Agreement, the City may appoint a voting delegate to the Technical Advisory Committee (TAC). Additionally, it is the City's turn to appoint one individual to the Citizens Advisory Committee (CAC). The City Council must select one of its members to be a Voting Delegate to the TPO; as well as individuals to the TAC and CAC. Mayor Randels has served as the TPO Voting Delegate for several years; Mayor Pro Tem Petsos has volunteered to serve this term. Public Works Services Director Jeff Ratliff is currently serving as the TAC representative. As of this writing, a CAC Representative has not been identified; Staff will recommend such appointment at a City Council Meeting in the near future. Submitting Department Director: Angela Apperson Attachment: None Financial Impact: Stafftime to prepare this item. Date: 12/10/13 Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Councihtake the following action(s): Appoint Mayor Pro Tem Petsos Voting Delegate to The Space Coast Transportation Planning Organization (TPO) Governing Board, representing the North Beaches Coalition of Cape Canaveral and Cocoa Beach; and appoint Jeff Ratliff Voting Delegate to the Technical Advisory Committee (TAC). 4-I Approved by City Manager: David L. Greene 4D -3.) -11. - City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Date: 17.-//b //17