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HomeMy WebLinkAboutcocc_council_mtg_packet_20200616CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 For viewing/participating in the Meeting remotely via GoToWebinar: Register at: https://attendee.gotowebinar.com/register/6523354516560659472 Listen at: +1 (562) 247-8422; Attendee Access Code: 184-386-623 AGENDA June 16, 2020 6:00 P.M. COVID-19 PANDEMIC ADVISORY: Due to the COVID-19 Pandemic Emergency, this meeting will be held both in -person and virtually by communications media technology (CMT). Special instructions for the public to remotely attend and provide public comments during this meeting are attached to this agenda. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS/INTERVIEWS 6:05 p.m. — 6:25 p.m. Presentation of Proclamation to Director General Chien of the Taipei Economic and Cultural Office in Miami, Florida, in appreciation of 2,000 medical masks donated to the City of Cape Canaveral. Presentation of Proclamation declaring the City of Cape Canaveral Stands Against Hate. Presentation of Institute for Elected Municipal Officials (IEMO) Certificate of Completion to Council Member Mickie Kellum. Presentation of Institute for Elected Municipal Officials (IEMO) III Certificate of Completion to Council Member Angela Raymond. 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 will 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. CONSENT AGENDA 6:45 p.m. — 6:50 p.m. 1. Approve Minutes for May 8, 2020 Special and May 19, 2020 Regular Meetings. 2. Resolution No. 2020-01; amending Appendix B, Schedule of Fees of the City Code related to Chapter 82 Building Permits and Chapter 22 Community Appearance Board applications; repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. City of Cape Canaveral, Florida City Council Meeting June 16, 2020 Page 2 of 2 3. Resolution No. 2020-13; affirming the City's commitment to denouncing hate -speech, violent action and misinformation related to COVID-19; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Authorize removal of two (2) specimen trees at 333 & 337 Madison Ave. at a mitigation ratio of one-to-one. ITEM FOR ACTION 6:50 p.m. — 6:55 p.m. 5. Discuss and decide whether to: (1) appoint Todd Morley as the permanent City Manager, subject to Council's approval of a City Manager Employment Agreement at a subsequent meeting; or (2) conduct a City Manager employment search, subject to Council's direction, as per the City Council's previous direction given at the April 21, 2020 Regular Meeting. (Submitted by Mayor Hoog and City Attorney Garganese) ITEMS FOR DISCUSSION (OLD BUSINESS) 6:55 p.m. — 7:05 p.m. 6. Discussion Policy and Budget under the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison) 7. Discussion on Opening Plan for Cape Canaveral Public Facilities under the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison) ITEMS FOR DISCUSSION (NEW BUSINESS) 7:05 p.m. — 7:20 p.m. 8. Amending City Code — Code of Conduct. (Submitted by Council Member Raymond) 9. Discussion on Business & Economic Development Board defined in the City Ordinances Article II. - Sections 22-26 to 22-35. (Submitted by Council Member Morrison) 10. Discussion under Florida Sunshine Law and the City Ordinances (Code of Conduct) Section 2-172, Section 2.07 and Section 2.09 applied to City Council Member Angela Raymond's performance at the May 8, 2020 Special City Council Meeting. (Submitted by Council Member Morrison) REPORTS 7:20 p.m. — 7:30 p.m. 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 [(321) 868-1220 x207 or x206] 48 hours in advance of the meeting. CITY OF CAPE CANAVERAL INSTRUCTIONS FOR VIRTUAL ATTENDENCE AT MEETINGS AND ACCESSING AGENDA. The City of Cape Canaveral is temporarily utilizing a hybrid in -person and communications media technology (CMT) plan. Due to social distancing and group size guidelines, videoconferencing and teleconferencing will be used to virtually broadcast City public meetings and allow participation. The public may virtually attend the meeting live by viewing and listening to the meeting by accessing the meeting at an internet address and/or phone number/access code listed at the top of each respective meeting agenda and on the City website's Events Calendar available at: https://www.cityofcapecanaveral.org/calendar.php To obtain a copy of the Meeting agenda interested persons should visit the City's online Public Records/Laserfiche WebLink and search for the Council or specific board and agenda packet at: https://www.cityofcapecanaveral.org/government/city_departments/city_clerk_s_office/public_re cords_laserfiche_weblink.php PROVIDING REMOTE PUBLIC COMMENTS Public comments are permitted at most scheduled public meetings. When public comments are permitted, there are several alternative ways for the citizens to provide public comments to the board prior to or during the scheduled board meeting: 1. ONLINE PUBLIC COMMENT FORM Please complete a City online public comment registration form and upload any relevant attachments related to the City of Cape Canaveral and board agenda items at: https://www.cityofcapecanaveral.org/government/city_departments/city_clerk_s_office/public_m eeting_speaker_registration.php Comments must be received no later than 4 PM the day of the meeting and these comments will be distributed to the board and City staff and officials participating in the meeting. Any comments received after the deadline may not be distributed and read during the meeting but will be included as part of the record. At the meeting, City staff will read your written comment and add it to the public record. However, public comments are limited to three (3) minutes so please keep your written comments to no more than 400 words. Please note that written comments that extend beyond the set time limit will not be read in their entirety. The citizens entire written comment, however, will be entered into the record. Public comments read into the record are subject to City meeting rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers and comments received or previous comments made by the speaker. 2. BY EMAIL OR U.S. MAIL Please send your written public comment and any relevant attachments related to the City of Cape Canaveral and board agenda to publiccomments@cityofcapecanaveral.org, or deliver them in writing by U.S. Mail to Cape Canaveral City Clerk's Office, ATTENTION: PUBLIC COMMENT, 100 Polk Avenue, Cape Canaveral, Florida 32920. Comments must be received no later than 4 PM the City of Cape Canaveral - Virtual Meeting Instructions Page 1 of 3 day of the meeting and these comments will be distributed to the board and City staff and officials participating in the meeting. Any comments received after the deadline may not be distributed and read during the meeting but will be included as part of the record. Emails are preferred over U.S. Mail. Please identify the applicable board meeting and include your name, address, phone number and the agenda item or topic of your public comments in the email. At the meeting, City staff will read your written comment and add it to the public record. However, public comments are limited to three (3) minutes so please keep your written comments to no more than 400 words. Please note that written comments that extend beyond the set time limit will not be read in their entirety. The citizen's entire written comment, however, will be entered into the record. Public comments read into the record are subject to City meeting rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers and comments received or previous comments made by the speaker. 3. PARTICIPATION OPPORTUNITIES DURING THE MEETING VIA GoToWebinar There will be appropriate times during the Meeting when the chairperson or designee of the meeting will invite live public comment during the public participation portion of the meeting and for specific agenda items. You must be properly logged into the live GoToWebinar meeting on your computer or electronic device and have a functioning microphone to participate live. When these invitations are announced by the chairperson or designee at the meeting, citizens may virtually raise their hand to speak by pressing the hand feature on the GoToWebinar screen in timely manner so as to be recognized as a speaker by the City staff person monitoring the meeting. The hand feature is illustrated in the accompanying screenshot to the right. ® Computer audio Phone call MUTED Microphone (HD Webcam C510) Speakers (High Definition Aud.... When the citizen is recognized by the City monitor for their turn to speak to the board, the citizen's audio will be unmuted, and citizens should speak loudly into their microphone. The citizen must first state their name and address for the record, and then provide their public comment within the time period allowed. The public comment must also be relevant to the board agenda item being considered at that time, and not for purposes of repeating any written comments previously provided by the speaker by online public input form, email or mail. Irrelevant and repetitive public comments will be deemed out -of -order and will not be heard. At the conclusion of the Citizen's public comment opportunity, the citizen's audio will be muted so the board can continue conducting the meeting. Public comments are limited to three (3) minutes. The comments will be heard at the meeting and will be entered into the record. Public comments are subject to City meeting rules of decorum. The citizen's activated audio may be muted by the City for violating the time limit or rules of decorum. Please also note that the time allocated to each person for public comment is subject to the discretion of the board and may be reduced from three (3) minutes based on the number of speakers or comments received or previous comments made by the speaker. The questions function of the GoToWebinar platform will not be monitored during the Meetings. City of Cape Canaveral - Virtual Meeting Instructions Page 2 of 3 ACCESSIBILITY STATEMENT The City provides an auto -captioned broadcast of the Meeting via Boxcast, accessible through the City website at https://www.cityofcapecanaveral.org/city_meetings/. However, in accordance with the Americans with Disabilities Act of 1990, persons needing additional special accommodation to participate in this meeting may contact the City Clerk's Office at 321-868-1220 no later than one (1) business day prior to the meeting. MISCELLANEOUS The rules established herein are intended to provide a general framework for public participation via CMT. The City of Cape Canaveral reserves the right to modify, amend, or discontinue these temporary procedures for public comments, with or without notice, in order to ensure compliance with applicable laws, rules and regulations; to overcome technical or logistical difficulties or practical challenges in implementing public participation via CMT; or to ensure the public health, safety and welfare of the public. Thank you for your patience and understanding during this very challenging time. For more information about these temporary procedures or a board meeting, please contact the City Clerk prior to the meeting during normal City business hours at: 321-868-1220. Rev. 06/09/2020 City of Cape Canaveral - Virtual Meeting Instructions Page 3 of 3 City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Presentations/Interviews Subject: Presentation of Proclamation to Director General Chien of the Taipei Economic and Cultural Office in Miami, Florida, in appreciation of 2,000 medical masks donated to the City of Cape Canaveral. Department: Legislative Summary: Mayor Bob Hoog was contacted by the Taipei Economic and Cultural Office located in Miami, Florida asking him to graciously accept a donation of 2,000 medical masks on behalf of the City of Cape Canaveral. The masks are being offered in a time where COVID-19 has extinguished many supplies and this donation is greatly appreciated. Since June of 2019, when Taipei Economic and Cultural Office celebrated the launch of a satellite from the Kennedy Space Center in Cape Canaveral, our entities have developed a growing cultural relationship. This kind, timely donation exemplifies that relationship and the City of Cape Canaveral's appreciation of our neighbors to the south. Submitting Council Member: Mayor Bob Hoog Date: 5/28/2020 Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item and cost of appreciation items. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 6/9/2020 Interim City Manager recommends City Council take thefollowing actions: Extend a warm, heart -felt appreciation to Director General Chien for reaching out to the City of Cape Canaveral with such a generous donation. Approved by Interim City Manager: Todd Morley Date: 6/9/2020 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, the Taipei Economic and Cultural Office in Miami, Florida and the City of Cape Canaveral have developed a growing cultural relationship; and WHEREAS, that relationship has evolved in admiration, appreciation and friendship between our entities; and WHEREAS, together we have shared in memorable cultural experiences, educational endeavors and social events; and WHEREAS, the City of Cape Canaveral recognizes and welcomes Director General Chien to our City in appreciation for a donation of 2,000 medical masks. NOW, THEREFORE, I, Robert Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby ACKNOWLEDGE OUR GROWING RELATIONSHIP AND EXTEND OUR APPRECIATION FOR THE GENEROSITY BESTOWED UPON US BY THE TAIPEI ECONOMIC AND CULTURAL OFFICE IN MIAMI, FLORIDA Signed and Sealed this _ Day of _ , _ _ Mayor City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Presentations/Interviews Subject: Presentation of Proclamation declaring the City of Cape Canaveral Stands Against Hate. Department: City Council Summary: Recent national events have brought the subject of hate -related violence and bigotry back to the forefront of national discussion and debate. On May 25, 2020, George Floyd, a man of African -American heritage, died after being restrained and his neck compressed by police in Minneapolis, Minnesota. National response to this incident, and other similar incidents in recent history, has included nationwide protests, with individuals, groups and organizations seeking change and looking to expand the national conversation in regards to race relations, equal rights, policing, investigations and holding authorities to higher levels of accountability and responsibility. On June 2, 2020, Isaac Salver, Florida League of Cities President, issued the following statement: "On behalf of our Florida League of Cities family, first I offer my deepest and sincerest sympathy to the family of Mr. George Floyd. Moreover, I deplore and repudiate the actions that led to his loss of life. It is during times like this when our citizens look to us for answers and support. Therefore, we must come together — harness our collective resources, foster constructive dialogue and implement our best practices to help create a framework for equitable communities. As your president, I pledge that we will work as a family of cities to respond to the call for equality being heard throughout our nation. We are at our best when we engage the power of our diverse array of Florida cities to respond to the needs of all of our citizens. We can do this constructively; and most importantly we should do this peacefully, for the safety and betterment of all in our communities. I look forward to working with you." The City of Cape Canaveral echoes Mr. Salver's statements, stands against hate, and is committed to supporting Mr. Salver's and the Florida League of Cities' pledge. The attached Proclamation will be read into the record. Submitting Council Member: Angela Raymond Date: 6/3/2020 Attachment: Proclamation Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 6/5/2020 Interim City Manager recommends City Council take the following action: Read the Proclamation into the record. Approved by Interim City Manager: Todd Morley Date: 6/9/2020 Official Proclamation City Of Cape Canaveral, Florida WHEREAS, hate violence has become a daily occurrence and is increasing at epidemic rates across the nation; and WHEREAS, history has tragically taught us what happens when people stand by and allow acts of violence, hatred and injustice to occur; and WHEREAS, those that are exposed to such inequitable treatment often feel alienated, without hope and helpless to stand alone against the hate and aggression; and WHEREAS, on June 2, 2020, Isaac Salver, President of the Florida League of Cities, expressed deep and sincere sympathy to the family of George Floyd and deplored and repudiated the actions that led to the loss of life; and WHEREAS, the City of Cape Canaveral stands with the Florida League of Cities, President Isaac Salver, and other municipalities in echoing that sympathy to the family of George Floyd and of others that have suffered similar fates and deploring and repudiating the actions that led to the loss of life; and WHEREAS, the City of Cape Canaveral is committed to supporting the Florida League of Cities' pledge to work as a family of cities to respond to the call for equality being heard throughout our nation. NOW, THEREFORE I, Robert E. Hoog, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim commitment to supporting the Florida League of Cities in its mission to create a framework for equitable communities and declare that THE CITY OF CAPE CANAVERAL STANDS AGAINST HATE Signed and Sealed this _ Day of _ , _ _ Mayor City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Presentations/Interviews Subject: Presentation of Institute for Elected Municipal Officials (IEMO) Certificate of Completion to Council Member Mickie Kellum. Department: Legislative Summary: The Florida League of Cities and Florida State University's John Scott Dailey Florida Institute of Government have designed an intensive academic program called the Institute for Elected Municipal Officials (IEMO). IEMO is a 3-day program which includes curriculum that assists officials in effectively meeting the requirements of their elected role and offers a comprehensive overview of Florida municipal government: • Structure and Functions of Municipal Government in Florida • How to Be an Effective Council Member • Taxes and Other Sources of Revenue • Budgeting and Accounting • Understanding the Relationships Among Governments in Florida • Florida Ethics Law and Understanding "Government -in -the -Sunshine" Following the City's November 5, 2019 Municipal Election, Council Member Kellum took her Oath of Office on November 19, 2019 to serve as a Council Member for a term of three years. As a newly -elected official in Cape Canaveral, Council Member Kellum attended an IEMO class and completed 18 hours of instruction at the 2020 IEMO held January 10-12, 2020 in Jacksonville, Florida. On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, Mayor Bob Hoog will present Council Member Kellum the IEMO Certificates of Completion. Submitting Council Member: Mayor Hoog / Date: 3/10/2020 Attachments: FLC Letter and Certificate to Council Member Kellum Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/10/2020 Interim City Manager recommends City Council take the following action: Present the IEMO Certificate of Completion to Council Member Mickie Kellum. Approved by Interim City Manager: Todd Morley Date: 6/8/2020 FLC UNIVERSITY February 7, 2020 Councilmember Maria Kellum PO Box 326 Cape Canaveral FL 32920-0326 The Honorable Maria Kellum, On behalf of the Florida League of Cities and the John Scott Dailey Florida Institute, I am pleased to award this certificate to you for the completion of eighteen hours of instruction at the Institute for Elected Municipal Officials in Jacksonville, Florida on January 10-12, 2020. It is our sincere hope that you found the program challenging and worthwhile. Now that you have taken the basic IEMO, we encourage you to attend the Advanced Institute offered, annually. We also encourage you take advantage of other training opportunities through FLC University. You can find dates and locations at https://www.floridaleagueofcities.com/. We strongly believe that your attendance at the Institute is indicative of your continued commitment to improving the quality of municipal government in Florida. If we may be of assistance in the future, please do not hesitate to call upon us. We hope to see you at future FLC events, very soon! Sincerely, Lynn S. Tipton Director, FLC University Florida League of Cities Enclosure LOCAL VOICES MAKING LOCAL CHOICES P.O. Box 538135 Orlando, Florida 32853-8135 Phone: (407) 425-9142 . flcities.com Fax: (407) 425-9378 Institute for Elected Municipal Officials Certificate of Completion January 10-12, 2020 • Jacksonville, Florida Awarded to Councilmember Maria Kellum Cape Canaveral Sponsored by Executive Director Florida League of Cities Executive Director Florida Institute of Government City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Presentations/Interviews Subject: Presentation of Institute for Elected Municipal Officials (IEMO) III Certificate of Completion to Council Member Angela Raymond. Department: Legislative Summary: The Florida League of Cities and Florida State University's John Scott Dailey Florida Institute of Government have designed an intensive academic program called the Institute for Elected Municipal Officials (IEMO). For elected officials that have already completed both the Standard and Advanced IEMO courses, a third course is made available, titled "IEMO III: The Leadership Challenge". IEMO III is focused entirely on leadership and revolves around assessment that details an elected official's ability to connect and work effectively with others. After winning the City's November 7, 2017 Municipal Election to serve as a Council Member, Angela Raymond attended her first IEMO course in June 2018 and the Advanced IEMO course in April 2019. In continuance of Council Member Raymond's commitment to her role on City Council, she attended IEMO III on March 6-7, 2020 in Altamonte Springs, Florida. On behalf of the John Scott Dailey Florida Institute of Government and the Florida League of Cities, Mayor Bob Hoog will present Council Member Kellum the IEMO Certificates of Completion. Submitting Council Member: Mayor Hoog Date: 3/10/2020 Attachments: FLC Letter and Certificate to Council Member Raymond Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/10/2020 Interim City Manager recommends City Council take the following action: Present the IEMO III Certificate of Completion to Council Member Angela Raymond. Approved by Interim City Manager: Todd Morley Date: 6/8/2020 FLC UNIVERSITY March 7, 2020 Dear Councilmember Angela Raymond, On behalf of FLC University, I am pleased to award this certificate to you for the completion of the IEMO III: The Leadership Challenge held March 6-7 in Altamonte Springs, Florida. We hope that you found the program challenging and worthwhile, and that it builds upon your leadership skill sets. We encourage you to take advantage of other training opportunities through FLCU — and hope you will let us know if we can bring training to your city or region. We strongly believe that your attendance at the IEMO III is indicative of your continued commitment to improving the quality of municipal government in Florida. If we may be of assistance in the future, please do not hesitate to call upon us. You are now eligible for IEMO IV, which builds on your personal leadership skills. It is held in conjunction with the FLC Legislative Conference, which for 2020 will be at the Rosen Shingle Creek Hotel in Kissimmee, Nov. 13- 14. It will begin at 11:30 a.m. (or at the conclusion of Legislative Conference's final session) and will end Saturday afternoon at approximately 3:30 p.m. We'll send you a personal invitation once registration opens in September. Thank you for your continuing dedication to your city, to public service, and to the future of Florida. We hope to see you at future FLC and FLC University events. NOTE: Please submit this cover letter and certificate to your clerk to be placed on the agenda, read into the record and presented to you, officially, at the next meeting of your elected body. Sincerely, Lynn Tipton Director, FLC University Florida League of Cities, Inc. 407.367-4025 Itipton@flcities.com LOCAL VOICES MAKING LOCAL CHOICES P.O. Box 538135 Phone: (407) 425-9142 Orlando, Florida 32853-8135 Fax: (407) 425-9378 flcities.com FLC UNIVERSITY CERTIFICATE OF COMPLETION Institute for Elected Municipal Officials III: The Leadership Challenge March 6 — 7, 2020 • Altamonte Springs, Florida Awarded to Councilmember Angela Raymond Cape Canaveral Strengthening Expertise for the Cities We Serve Item No. 1 CAPE CANAVERAL SPECIAL CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar DRAFT MINUTES May 08, 2020 6:00 P.M. CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM and read the COVID-19 Pandemic Emergency Statement located at the top of the Agenda. Council Member Mickie Kellum led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Council Member Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Deputy City Clerk/Organizer HR/Risk Management Dir. & EOT Incident Commander Public Works Services Director Cultural + Community Affairs Director Todd Morley Anthony Garganese Mia Goforth Daniel LeFever Melinda Huser Jim Moore Molly Thomas STATEMENT OF CMT PROCEEDINGS: Mayor Hoog read guidelines for conducting the virtual proceedings via Communications Media Technology (CMT). PUBLIC PARTICIPATION: Steve Miller, 8657 Maple Court, chose to speak under the Agenda Item. AGENDA ITEM 1. Resolution No. 2020-11; rescinding and terminating the existing emergency measure prohibiting the use of public beach -end parking spaces within City rights -of -way for beach access which was affirmed and ratified by the City Council by Resolution No. 2020-09; providing for the repeal of prior inconsistent resolutions, severability and an effective date. City Attorney Garganese stated the Item is for discussion and the Resolution is available should Council decide it necessary to take action. Discussion ensued and included why the meeting was called and by whom, concern over the COVID-19 Pandemic and readiness of the City reopening, feedback received regarding beach parking, Special Meeting requests on various occasions, pros and cons regarding restricting beach -end parking and its impact on citizens and law enforcement, City businesses opening up at 25% capacity, other cities and the Brevard County Commission have met since the Phase 1 Reopening Plan, two cases of the virus in the City and desire to keep it that way, responsibility to keep residents safe in the pandemic, parking issues witnessed, no bathroom facilities or lifeguards available, belief that numerous people calling the City are not residents, local support of our local businesses during closure, no need to rush opening beach parking areas and bus transit available to the beaches. Mayor Hoog stated he was the third elected official to agree to the Special Meeting. Discussion continued regarding the effect of the County Commissioners decision to City of Cape Canaveral, Florida City Council Meeting — Special CMT May 8, 2020 Page 2 of 3 DRAFT open beach parking, death toll due to the COVID-19 virus in the United States, litter and the need for more extreme caution. Mayor Hoog opened the discussion to emailed public comments. City Clerk Goforth read emails into the public record, attached herewith and including those that came in after the deadline with consensus reached by Council. Mayor Hoog opened the discussion to virtual public comment. Steve Miller, 8657 Maple Court, complimented Council for keeping the beach open, urged following the Centers for Disease Control guidelines to keep infections low, expressed opposition to opening beach parking at this time and suggested a plan to re-evaluate the situation in 14-day increments. Richard Cote, 8932 Laguna Lane, stated he and his wife are both handicapped and expressed favor for opening the beach parking and the restrictions due to the virus. Jay Petty, 8984 Puerto Del Rio Drive, expressed favor for opening beach parking and suggested revisiting charging for parking except for City residents. Don Cross, Bayport Condominiums, expressed opposition to opening beach parking without a phased mitigation plan, stated the number one priority should be the safety and security of the residents, suggested paying for extra trash receptacles and portable restrooms for beach access streets when open. Christopher Cloney, 550 Jackson Avenue, expressed favor for prioritizing safety and requested Council table opening beach parking until after the rocket launch. Tom Frungillo, 231 Canaveral Beach Boulevard, expressed favor for keeping the parking shut down for another week and evaluate again. Kyle Andrews, 151 Riverside Drive, commented people will go to the beach either way, suggested Council wait a couple of weeks to make a decision and expressed concern over litter. Angela Green, Rosalind Avenue, expressed opposition to opening beach parking and concern over crowds not social distancing. Don Willis, 8964 Puerto Del Rio Drive, suggested a definitive plan be presented at the next City Council Meeting to open beach parking. Therese Zyhowksi, 425 Buchanan Avenue, expressed opposition to opening beach parking and concern regarding trash and trespassers on property. Mr. Miller gained consensus from Council to speak again, commented the rocket launch scheduled for May 27, 2020 will draw people regardless of what the City does and suggested signs be placed at the beach -ends regarding social distancing on the crossovers. Michael Corrigan, stated he lives across the street from City Hall, expressed concern over the need for handicapped parking at the beach and favor for opening the City and beach parking back up. Discussion ensued and included pros and cons for reopening beach -access parking, creating a plan before the next City Council Meeting, handicapped parking, prohibited parking on the streets and enforcement problems, parking tickets issued in the Cape View Elementary School area, businesses in the City unable to survive on the local community alone, people parking and running across State Road A1A to the beach, concern for beach access to handicapped and the City's Reopening Plan. Interim City Manager Morley stated there are seventeen handicapped spaces, three accessible beach cross-overs and Staff will make accommodations to the meet those needs, agreed crossovers need to be addressed regarding social distancing, stated the barricades can be removed by 9:00 a.m. the next morning and commented on the City's plan to use ultraviolet lights for sanitizing. Human Resources/Risk Management Director and Incident Commander Huser explained the planned and proper use of an ultraviolet light machine the City is waiting for delivery of and how the crossovers can be treated with disinfectant along with getting natural ultraviolet light from the sun. Discussion continued. Brevard County Sheriff's Office Canaveral Precinct Commander Walters provided comments and shared his experience related to parking citations and beach enforcement during the COVID-19 pandemic. Mayor Hoog requested direction from the City Attorney. City Attorney Garganese recommended a motion to adopt the proposed Resolution or a motion to adjourn would be required and the Order prohibiting beach -end parking would stand until City of Cape Canaveral, Florida DRAFT City Council Meeting — Special CMT May 8, 2020 Page 3 of 3 decided upon by Council at another meeting. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to adjourn the meeting and the Emergency Parking Order stay in place as it is now. The Motion failed 2-3, with Mayor Hoog, Council Member Kellum and Council Member Morrison voting against. Discussion ensued regarding amending Resolution No. 2020-11 to include sanitary measures such as additional trashcans at beach -end streets, portable toilets and signage at crossovers, rushing to make the decision to open up beach -end access parking against the majority of what residents desire and how the measure will provide relief to the Sheriff's Office regarding enforcement. A motion was made by Council Member Kellum, seconded by Council Member Morrison, to adopt Resolution No. 2020-11, with amendments regarding additional sanitary and signage measures at beach end streets and crossovers. Discussion ensued. Interim City Manager Morley confirmed the parking barriers removal, additional trashcans and signage at the crossovers will be implemented by 9:00 a.m. the next morning. The Motion passed 3-2, with Mayor Pro Tem Brown and Council Member Raymond voting against. Interim City Manager Morley confirmed Commander Walters would provide a daily report through the weekend until Monday on the results of the actions taken. Council thanked Staff for their efforts. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:17 PM. Bob Hoog, Mayor Mia Goforth, City Clerk From: Info To: Public Comments Subject: Fwd: Opening of beach parking Date: Friday, May 8, 2020 9:59:49 AM Stephanie Johnson Community Affairs Manager/PIO s.johnson@cityofcape canaveral. org phone (321) 868-1220 ext. 213 fax (321) 868-1247 100 Polk Avenue P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org From: John Higgins <outlook_7673E8F56E103511@outlook.com> on behalf of John Higgins jhiggins21@cfl. rr.com> Sent: Thursday, May 7, 2020 3:12:33 PM To: Info <Info@cityofcapecanaveral.org> Subject: Opening of beach parking Council members, I understand this will be a topic at tomorrow's meeting. I am opposed to opening the beach parking at this time. It is not necessary for our residents and only invites a big influx of residents from outside the area. We have only 2 cases of the virus in our city and we want to keep it that way. Please record my opinion. Thank you. John Higgins Solana Lake Condos Cape Canaveral Sent from Mail for Windows 10 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: travelincisteph@hotmail.com To: Public Comments Cc: Stephanie Johnson Subject: Public Comment Registration Date: Friday, May 8, 2020 10:34:24 AM Meeting Date = 05/08/2020 Board Name = City Council Agenda Item Number = 1 Topic = First = Joel Last Name = Liebig (lee -big) Resident = true Street Address = 524 Jefferson Avenue City = Cape Canaveral Zip Code = 32920 Public Comment Statement = The parking should remain closed. Client IP = 208.65.51.232 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: Mia Goforth To: Public Comments Cc: Daniel LeFever; Todd Morley Subject: public comment submitted online on behalf of Joel Liebig today Date: Friday, May 8, 2020 11:02:32 AM This is a record that I am the staff member who spoke with Mr. Liebig at 9:02 a.m. this morning and took his verbal comment "The parking areas should remain closed." to be read into the public record of tonight's Special Meeting at 6 p.m. and submitted the same to the online public comment form. Mr. Liebig's name is pronounced Lee -big. Thank you Mia Goforth City Clerk/Records Custodian/ADA Coordinator m.goforth@.cityofcapecanaveral org phone (321) 868-1220 ext. 207 fax (321) 868-1248 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org The City of Cape Canaveral — Sun, Space & Sea® Connect with us! Facebook + Instagram + Twitter + YouTube + Nextdoor Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: Melissa Bass To: Public Comments Subject: May 8 Special Meeting - Beach Parking Date: Friday, May 8, 2020 11:02:08 AM To Council Members I wanted share with you my thoughts about Cape Canaveral Beach Parking I am in favor of keeping city beach parking closed at this time. I believe it is an unwise safety risk to encourage more beach/city traffic at this time. I believe the city should wait until after the Crew Dragon Demo 2 launch to open parking This would discourage in person launch watchers in accordance with NASA guidance and give us time to see if the recent phase 1 loosening of restrictions in our state and county results in a significant rise in Covid 19 cases, as I understand is a strong possibility. As a daily beach walker, I see first hand that many people are not respecting social distancing criteria especially on crossovers, and I do not want to see this problem worsen and more people put at risk when we have the power to slow the spread through continued parking closures. We do not have to follow the trend of nearby towns or the county. Let's be confidently cautious now, so we can remain part of the solution today and avoid worsening tomorrow's problem. Thank you for your time & your effort to advocate for the best interests of citizens like me, Melissa Bass Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: Rphib To: Public Comments Subject: May 8 Beach Parking Date: Friday, May 8, 2020 11:26:00 AM If beach parking lots are open after the meeting tonight, can the city please enforce our cities street parking ban? In Harbor Heights people will park all around the cul d sac and up and down Harbor and Coral on the side of the roads once the beach parking lot is full. This gets especially out of control on the weekends and summer as well as when we have nice days (and with what is going on right now it is going to get worse as people look for parking). Not only is it a city rule which is posted on signs the beginning of the neighborhood as well as multiple signs around the neighborhood it is also a safety issue. Cars speed up and down the road, people walking or on bikes have to go around cars parked on the side of the roads and emergency vehicles have a hard time turning around the cul d sac or going around the cars parked on the street as our street is not wide. People rarely get tickets or warnings so they continue to do this. Thank you —Robyn— "Every vision is a joke until the first man accomplishes it." -Robert Goddard Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: Beachairl To: Public Comments Subject: May 8 parking meeting Date: Friday, May 8, 2020 11:31:22 AM This is thought provoking...though someone did take the no beach parking sign down...question. How do our ten or so parking spaces effect businesses and restaurants...and I see HH neighbors drive up unload beach gear and then have to drive home park there car...walk back to beach...cape canaveral as a whole has maintained a healthy town...sometime we have to take steps to move back or rather forward to our normal lives...baby steps...will HH beach parking effect us more then customers walking around Publix without masks So all that said. Open up parking. Today I don't know...maybe for myself I need to wait a bit more before opening parking. Janice Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: travelincisteph@hotmail.com To: Public Comments Cc: Stephanie Johnson Subject: Public Comment Registration Date: Friday, May 8, 2020 1:52:19 PM Meeting Date = 05/08/2020 Board Name = i.e. City Council or Board of Adjustment Agenda Item Number = ## Topic = Parking First = Arvo Last Name = Eikau Resident = true Street Address = Number and Street City = City Zip Code = Zip Public Comment Statement = Do not open beach parking. The beaches are already have too many people. I try to walk per CDC guidelines daily . However it's difficult to keep 6 foot separation now. If you open beach parking it will be impossible . If you think it's safe why is this meeting on line. The beach is not safe either. When you agree to meet at city hall not on line then it's safe to open. Repeat why are you not meeting in person if you think it's safe to open parking. It's not. Client IP = 97.101.211.117 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: James Westermeyer To: Public Comments Subject: Beach Parking Date: Friday, May 8, 2020 2:03:02 PM Good afternoon. Thank you for taking a minute to read my e-mail and thank you for closing the beach parking when you did. At that time, there were many Springbreakers down here on holidays disregarding the the social distance between the groups. I live in the Harbor Heights neighborhood area. Since parking have been shut down, the Sheriff department have going through the neighborhood to ensure there were no one parked in the public parking. However, the Sheriff department will not do any things with regard to people parking on the street and going to the beach. The beach is open for all to use and enjoy. In a few days, Jetty Park will be open with restriction. The amount of beach parking in Cape Canaveral is small. By keeping the parking closed will not prevent people from going to the beach. By keeping the parking close will encourage people to park illegal as they are doing now. We need to move forward and open beach parking in Cape Canaveral. Along with that, the Sheriff should drive around and issue parking tickets for parking illegal. I can not speak for all the Sheriff, but the Sheriff I talked to would not issue tickets. Thank You Jim Westermeyer Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: Don at Folevisland To: Public Comments Subject: Keep parking closed for now, default on the side of caution. Date: Friday, May 8, 2020 2:41:08 PM When the City of Cape Canaveral was established in 1963, it was chartered to be a residential community. To that end, no restaurants or hotels were zoned to be on the beaches or the river. So the directive from our original charter was to maintain the community with the residents as the primary interest. Given that, our Mayor and our City Council don't have to worry about what to do in the current situation. They need to lean to any choice that protects the residents reflecting the original city charter's path. Since there are a lot of unknown variables at the moment, the opinion of the medical community, including the CDC must be taken seriously. Our community currently is doing well in terms of positive CD-19 tests, and in overall deaths. We should not open our doors to a floodgate of visitors yet. The notion to open parking should be tabled for at least 2 weeks, if not a month. This is an easy call. Default on the side of caution in the interest of the health of the residents you were elected to care for. At the same time, we should all support our local restaurants and business as much as me can given the restrictions allowed. They are also part of the community. Extra effort should be put in by every resident to support them. Thank you, Don Foley Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing From: travelinasteph@hotmail.com To: Public Comments Cc: Stephanie Johnson Subject: Public Comment Registration Date: Friday, May 8, 2020 4:48:21 PM Meeting Date = 05/08/2020 Board Name = City Council Agenda Item Number = ## Topic = Reopening beach parking First = Elizabeth Last Name = Crockett Resident = true Street Address = 230 Columbia City = Cape Canaveral Zip Code = 32920 Public Comment Statement = With regards to re -opening beach parking: Does the city and the BCSO have resources have manpower to adequately enforce social -distancing and crowd sizes? Client IP = 97.101.220.91 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing CAPE CANAVERAL REGULAR CITY COUNCIL MEETING VIRTUAL MEETING via GoToWebinar DRAFT MINUTES May 19, 2020 6:00 P.M. CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and read a COVID-19 Pandemic Emergency Statement. Council Member Brown led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Mickie Kellum Council Member Wes Morrison Council Member Angela Raymond Others Present: Interim City Manager City Attorney City Clerk Administrative/Financial Services Director Capital Projects Director Community Development Director Cultural and Community Affairs Director Leisure Services Director Public Works Services Director HR/Risk Management Director Deputy City Clerk Executive Assistant to the City Manager Brevard County Sheriff's Office Commander Canaveral Fire Rescue Chief Todd Morley Anthony Garganese Mia Goforth John DeLeo Jeff Ratliff David Dickey Molly Thomas Gustavo Vergara Jim Moore Melinda Huser Daniel LeFever Lisa Day Andrew Walters Dave Sargeant Mayor Hoog read a statement to remind everyone participating in all public meetings of the City to conduct themselves professionally and follow proper procedures and protocol. STATEMENT OF CMT PROCEEDINGS: Mayor Hoog read guidelines for conducting the virtual proceedings via communications media technology (CMT). Mayor Hoog announced a request from Council Member Kellum to add an additional Discussion Item to the Agenda. Council reached consensus to discuss the Add -On Item regarding Special Meetings under Council Member Kellum's Discussion Item No. 5. Mayor Hoog announced the COVID-19 Fee Reductions Memo and email regarding same will be submitted as an additional item into the record. PUBLIC PARTICIPATION: City Clerk Goforth read emails, attached herewith, into the public record regarding vacation rentals, proper decorum during public meetings, protecting the City's City of Cape Canaveral, Florida DRAFT City Council Meeting — Regular CMT May 19, 2020 Page 2 of 4 water and concerns over litter attached herewith. City Attorney Garganese provided an update on vacation rental restrictions under Governor DeSantis' Executive Order. Interim City Manager Morley indicated Brevard County is investigating the vacation rental application. Mayor Hoog stated there would be no discussion over the complaint regarding the conduct of Council Member Raymond, the matter would be forwarded back to City Management and City Attorney Garganese and commented that people should police themselves regarding litter. CONSENT AGENDA: Mayor Hoog asked if any Council Members wished to remove any Items for discussion. Council Member Morrison removed Item 2. 1. Approve Minutes for the April 14, 2020 and April 21, 2020 Special and Regular Meetings. 2. Resolution No. 2020-01; amending Appendix B, Schedule of Fees of the City Code related to Building Permits and Community Appearance Board applications; providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. 3. Resolution No. 2020-10; reappointing a Member to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and a retroactive effective date. (Bob Nienstadt) 4. Approve Work Squad Contract #W1140 Amendment 2 between the Florida Department of Corrections and the City of Cape Canaveral in the amount of $57,497 and authorize Interim City Manager to execute same. A motion was made by Mayor Pro Tem Brown, seconded by Council Member Raymond, to accept Consent Agenda Item Nos. 1, 3 and 4. The motion carried 5-0. 2. Discussion ensued and included clarification on reduction and increase of fees in the Resolution, removing the Community Appearance Board from the review process regarding LED lights in the City Code, lumens, mural approval process, content -neutral signage and the difference between lighting on windows and signage. City Attorney Garganese advised how the Community Appearance Board operates under certain criteria, murals are prohibited in the City Code unless it goes to the Community Appearance Board, design, color and texture must meet criteria in City Code Chapter 22, how some murals can trigger an issue for wall signage and the legitimate purview of the Board to review murals. Discussion ensued and included Building Division Fees reduction, why certain cities and counties were not included in Staff's Building Permit Fee survey, flat fees versus charges based on percentages for the cost of a job, how anything done now to reduce costs will have to be paid back later, the vote to reduce fees in April 2019, how a number of residents at home due to the pandemic are now able to get improvements done, and allowing Staff to revise the fee schedule as directed by Council. Council reached consensus to bring Resolution No. 2020-01 back to Council with fee revisions agreed to by Council and recommended by Staff. Discussion ensued to revise the Resolution effective immediately in order to bring relief to customers and the community; then come back later with additional revisions to the last four valuations within the fee schedule brackets and LED application process changes. Interim City Manager Morley suggested Council postpone the entire item, discussing City of Cape Canaveral, Florida DRAFT City Council Meeting — Regular CMT May 19, 2020 Page 3 of 4 permit fee reductions under Item No. 7 and allow Staff to bring back a mathematically -clean Resolution No. 2020-01. A motion was made by Council Member Morrison, seconded by Council Member Kellum, to postpone Agenda Item No. 2, Resolution No. 2020-01. Motion passed 5-0. Mayor Hoog approved the reading of an additional email received by the City to be read into the public record as requested by City Clerk Goforth regarding Item No. 4, attached herewith. Discussion ensued regarding the concerns contained in the email regarding the City Work Squad Contract and the work the prisoners perform for the City. Mayor Hoog recessed the meeting as requested by Council Member Morrison. The meeting reconvened at 8:03 P.M. ITEMS FOR DISCUSSION 5. Review and discuss City Code 18 — Declaration of Civil Emergencies and how the present Code applies to the unprecedented Pandemic Civil Emergency. (Submitted by Council Member Kellum): Council Member Kellum explained the Item. Discussion ensued included suggestion for Council Member Kellum to draft proposed changes to the City Code and bring back to Council, conducting a workshop, City Attorney Garganese request for collective thoughts from the City Council, recommended caution on limiting powers in unprecedented emergencies and State and County preemptions, Interim City Manager Morley's recommendation for the City Council to use Canaveral Fire Rescue Chief Sargeant and Brevard County Sheriffs Office, Canaveral Precinct Commander Walters as resources for Code language questions and research, City Clerk's Office will collect Council comments in repository for review by Staff and City Attorney Garganese to draft an ordinance for future review. Mayor Hoog inquired and received no public comments. Add -On Item -Discuss Section 2-57 of the City Code pertaining to Special Meeting Requests: Council Member Kellum explained the Item. Discussion ensued and included suggested revisions to the Code to allow the City Manager to call a Special City Council Meeting in between regular meetings and various ways to initiate the call and the City Clerk's duties in coordinating a Special Meeting. City Attorney Garganese explained the City's form of government and differences between the various types of official meetings in the Code. Council reached consensus for Staff to work with City Attorney Garganese to present a draft ordinance at the next Regular City Council Meeting. Mayor Hoog inquired and received no public comments. 6. Discussion on rescheduling the 2020 Strategic Planning Retreat that was cancelled due to the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison explained the Item. Discussion ensued regarding when, if and how to hold a Retreat meeting, explanation of the SWOT process, situational review of goals and how the Retreat can happen at any time without the Budget section, costs and payment to the Consultant for hours worked and whether the Consultant is needed. Administrative/Financial Services Director DeLeo recommended holding the Strategic Planning during a regularly scheduled meeting after Council has had a chance to review the Proposed Budget on July 1, 2020. Discussion ensued. Mayor Hoog inquired and received no public comments. Discussion on Reducing Fees and Regulations for the Community in response to Executive Orders related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison City of Cape Canaveral, Florida DRAFT City Council Meeting — Regular CMT May 19, 2020 Page 4 of 4 explained the Item, made reference to Interim City Manager Morley's Memorandum and email of May 13, 2020 to Council submitted as an additional item to this subject and made reference to during Item No. 2, Resolution No. 2020-01 and stated that anything Council decides upon today, he would be in support of a September 30, 2020 deadline. Council reached consensus to move forward with Memo recommendations 1 through 7 and delay decision on 8. Discussion ensued regarding the end of the fiscal year deadline and the recommendations within the Memo, home -based businesses, the advice by City Attorney Garganese to make a motion to put the fee -based recommendations within a resolution, deferring the new business applications fairly and the need to make a distinction between Fiscal Years; Interim City Manager Morley reviewed the Melbourne City Council fee waiver actions. City Attorney Garganese stated Code Enforcement fines are determined by the Special Magistrate for the City. Discussion continued. Council reached consensus to waive registration fees for the first Friday Fest between now and September 30, 2020, with a credit back to vendors that prepaid. A motion made by Council Member Kellum, seconded by Council Member Raymond, to adopt a resolution waiving fees 1 through 7 as presented in the Interim City Manager's Memorandum dated May 13, 2020, and a sixty-day deferral of number 8 regarding Business Tax Receipts applications received between now and September 30, 2020 and waiving registration fees for Friday Fest vendors for any such event held between now and September 30, 2020 with an appropriate credit to vendors that prepaid. Mayor Hoog inquired and received no public comments. City Attorney Garganese stated he would present the Resolution for his signature. Motion carried 5-0. 7. Discussion Policy and Budget under the Civil Emergency related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison explained the Item. Discussion ensued regarding financial reports provided to the Council, COVID-19 related Budget expenditures, contingency and emergency policy in the Code and how the issues could have been discussed with Staff prior to this discussion. City Attorney Garganese made a point of Order regarding City Code Section 2-69 which requires adjournment at 10:00 P.M. unless a super -majority of the City Council makes a motion to extend. A motion was made by Council Member Kellum, seconded by Mayor Pro Tem Brown, to adjourn the Meeting and carry the Item over to the next meeting. Motion carried 5-0. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:26 P.M. Bob Hoog, Mayor Mia Goforth, City Clerk Sent: Monday, May 18, 2020 3:36 PM To: Public Comments Cc: Stephanie Johnson Subject: Public Comment Registration Meeting Date = 05/19/2020 Board Name = City Council Agenda Item Number = ## Topic = Plan for opening of Short Term Rentals First = Gwendolyn Last Name = Hagar Cape Canaveral Property Owner = true Street Address = 172 Long Point Rd City = Cape Canaveral Zip Code = 32920 Public Comment Statement = What is the City's plan for reopening of short term rentals. Client IP = 99.203.100.222 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 From: Pat Campbell <patrickcampbell@cfl.rr.com> Sent: Tuesday, May 19, 2020 1:12 PM To: Public Comments Subject: Public Comment not related to a specific agenda item for the 5/19/2020 Council Meeting On 5/13/2020 with a follow on again requesting a response on 5/16/2020 I asked Todd Morley and Mayor Hoog "During the Special Meeting discussing and re -opening the beach. Ms. Raymond's performance during the meeting was a disregard for any level of professional representation. I ask that the Code of Conduct be compared to her performance. Her head holding, rolling around and apparent private running conversation with someone in the room with her during the meeting demands review by City Leadership and City Attorney. Please let me know your actions from my complaint." No response as of 9 AM 5/19/2020 Raymond's on -going private conversation with off camera people brings the Sunshine Law into question. Raymond wandered around the room with her computer, was conducting a meeting within the council meeting, not listening to the opinions of fellow council, rolling around on her couch, cradling her head in her hands and acting completely unprofessional. She should have been stopped. Raymond's reference to North Korea as a valid data source shows a complete disconnect from informed decision making. How egregious would a council member's behavior have to be to get City Leadership to intervene? Meeting remotely does not lessen the responsibility to maintain the proper decorum of the dais. What would be done if during a regular meeting at City Hall if a council member brought an advisory group, lined up in back for private consultation? What would be done if a council member brought an advisory group and broke periodically to go to a separate room to consult in private? Raymond was distracting, disrespectful, violated multiple sections of the Code of Conduct. Her private meeting taking place during the Council Meeting with parties and subject unknown is a violation of the intent of Sunshine. Depending on who she was talking to, it could be an explicit violation. I request a review of Raymond's actions against Sec. 2.07 - Judge of qualifications and 2.09 Investigations defined in our Ordinances to determine if the information needs to be presented to the appropriate legislative body. I request an authorized member of City Management request an opinion on Sunshine Violations including inaudible conversations, from the Florida Attorney General pertaining to the Special Meeting and Council Woman Raymond's conduct. 1 I request Council Woman Raymond spare the City and Citizens of Cape Canaveral further embarrassment by apologizing for her actions and resigning her position. Patrick Campbell Cape Canaveral Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 2 From: Norma Foster <ncf@cfl.rr.com> Sent: Tuesday, May 19, 2020 2:50 PM To: Public Comments Subject: Our waterways I hope the city is doing everything it can to clean up our waters. They need to work with all cities in Florida to have stiffer fines for people leaving their trash on the beach. Signs should be everywhere telling them please take your trash with you. There is a $200 fine if not. Something to that effect. Worded better than I just did. Protect our waters in every way it can be protected. Sent from my iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 From: Dawn Bowers <dbowersaes@yahoo.com> Sent: Tuesday, May 19, 2020 3:25 PM To: Public Comments Subject: Vacation Rentals As a two property owner in CC (one which is a vacation rental), I am curious what the plan is to open vacation rentals in Brevard and CC. We have had to cancel all of our reservations since March during the busiest time of the year for us. We are licensed and follow all city, county and state guidelines for vacation rental. The loss of income for us has forced us to negotiate with Wells Fargo on payments as well as dip into our own savings to make utility and insurance payments while it sits empty. We have also had lay off cleaning employees due to lack of rentals. We are aware that the governor has allowed vacation rentals to open if the county/city formulates a plan and submits it to the statehouse for approval. We are hoping that this plan is being formulated and will allow us to begin accepting reservations by June 1. Thank you Todd and Dawn Bowers Sent from Yahoo Mail for iPhone Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 Sent: Sunday, May 17, 2020 11:09 AM To: Public Comments Cc: Stephanie Johnson Subject: Public Comment Registration Meeting Date = 05/19/20 Board Name = City Council Agenda Item Number = 4 Topic = Dept of corrections wf contract First = Rhonda Last Name = Breininger Resident = true Street Address = Number and Street City = City Zip Code = Zip Public Comment Statement = I am opposed to Cape Canaveral continuing a workforce contract with the department of corrections as they have in the past. Council members need to understand that their decision has an effect on the appearance of their community and effects the way their city is perceived by both residents and visitors. Allowing chain gangs to work in department of corrections uniforms in our city promotes negative advertising and public opinion of our beachside city. I am of the understanding that our law enforcement has worked very hard to clear drug activity and other illegal activities from our city, and bringing these uniformed convicts into our town and parading them contradicts our efforts to clean up our town. I have yet to see a department of corrections workforce in Viera, Florida. There is a reason they are not there. No resident nor visitor feels safe in an area where chain gang work forces are actively working. Please reconsider renewing this contract. It contradicts the image of a beautiful, safe beachside town that I am sure we all want to project. Client IP = 97.101.212.169 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 1 From: Wes Morrison Sent: Tuesday, May 19, 2020 1:45 PM To: Mia Goforth Cc: Daniel LeFever; Anthony Garganese; Todd Morley; Lisa Day Subject: Re: COVID-19 Fee Reductions Memo & Email from Council Member Morrison - Additional Items Thank you very much! On May 19, 2020, at 1:44 PM, Mia Goforth <M.Goforth@cityofcapecanaveral.org> wrote: Sure, by copy to Daniel, please forward the email with Todd's Memo to the rest of Council. Thanks Mia Mia Goforth City Clerk/Records Custodian/ADA Coordinator m.goforth@cityofcapecanaveral.org phone (321) 868-1220 ext. 207 fax (321) 868-1248 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org The City of Cape Canaveral — Sun, Space & Sea® Connect with us! Facebook + Instagram + Twitter + YouTube + Nextdoor From: Wes Morrison Sent: Tuesday, May 19, 2020 1:43 PM To: Mia Goforth <M.Goforth@cityofcapecanaveral.org> Cc: Daniel LeFever <D.LeFever@cityofcapecanaveral.org>; Anthony Garganese <agarganese@orlandolaw.net>; Todd Morley <T.Morley@cityofcapecanaveral.org>; Lisa Day <I.day@cityofcapecanaveral.org> Subject: Re: COVID-19 Fee Reductions Memo & Email from Council Member Morrison - Additional Items Thank you. Would you be able to please send these to Council as soon as possible? On May 19, 2020, at 1:03 PM, Mia Goforth <M.Goforth@cityofcapecanaveral.org> wrote: 1 Wes, Received. When these Additional Items get mentioned/discussed as part of tonight's meeting, they will added to the public record related to tonight's meeting. Daniel will have these Items ready to show/present as well. Thank you Mia Mia Goforth City Clerk/Records Custodian/ADA Coordinator m.goforth@cityofcapecanaveral.org phone (321) 868-1220 ext. 207 fax (321) 868-1248 100 Polk Avenue — P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org The City of Cape Canaveral — Sun, Space & Sea® Connect with us! Facebook + Instagram + Twitter + YouTube + Nextdoor From: Wes Morrison Sent: Tuesday, May 19, 2020 12:52 PM To: Todd Morley <T.Morley@cityofcapecanaveral.org> Cc: Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Daniel LeFever <D.LeFever@cityofcapecanaveral.org>; Anthony Garganese <agarganese@orlandolaw.net> Subject: Re: COVID-19 Fee Reductions Memo Hi Todd, Thank you for emailing these out and collecting ideas from the Team on ways we can help our local community recover from the economic challenges we are facing. I would like to please submit this email and the attached Memo you prepared to be a part of this evening's City Council Meeting for review when we get to Agenda Item 7: Discussion on Reducing Fees and Regulations for the Community in response to the Civil Emergency related to COVID-19. The information below is from the City of Melbourne Public Information Officer which I would also like to review for Agenda Item 7. I am submitting these in the same way we would on the day of a meeting to be added to the record by our City Clerk. I have copied Mia, Daniel, and Anthony so we are on the same page, but please let me know if I need to do anything else. Melbourne City Council Approves Fee Waivers and Business Task Force to Assist Local Businesses 2 Recognizing that many of Melbourne's businesses have been severely impacted by COVID-19, City Council approved at its special meeting last night a package of temporary fee waivers and deferrals designed to directly assist businesses. These include: • Waiver of special activity application fees for business promotions. • Waiver of review fees for building and fire prevention for small businesses (500 or fewer employees) repair or improvement permits under $25,000 in value. Review of plans by Code Compliance and payment of inspection fees will still be required. • Waiver of review fees for Historic and Architectural Review Board. • Waiver of On -Site Outdoor Seating application review fees for on -site seating and allowance for all restaurants to create or expand outdoor seating up to the allowed occupancy level once permitted to re -open by the Governor. This includes the allowance to place outdoor seating within parking or landscaped areas as approved by the City. • Elimination of code enforcement fines by encouraging compliance in lieu of fines, except in cases of serious health or safety concerns. • Deferral of Fire Inspection fees. Waivers will stay in place until September 30, 2020. All applications and permits would still be required to be reviewed and approved by the City; however, no fees will be charged. In addition to providing fee waivers to help businesses recover, the City is also participating in a collaborative effort to help market local businesses as they begin to re- open. City staff along with representatives from Melbourne Regional Chamber, Melbourne Main Street, Eau Gallie Arts District, and the Orlando Melbourne International Airport have formed a task force that has been meeting once a week to discuss ideas and develop plans to promote the re-emergence of Melbourne's business community through a Melbourne: Back in Business campaign. Since the beginning of the COIVID-19 emergency, the City of Melbourne has made a conscious effort to keep essential City services available for residents and businesses, particularly the services for the development and business communities. "Although projects and development are continuing to move forward in the City of Melbourne, COVID-19 has changed the economic landscape for many in the small business community," said Mayor Kathy Meehan. "Now more than ever, it is important for the city and business community to work cooperatively and creatively to help small businesses and residents rebuild and recover from the effects of the Coronavirus pandemic." Thank you for all of your help and I will see you this evening! Respectfully, 3 Wes Morrison City Council Member w.morrison@cityofcapecanaveral.org 321-593-2335 cell 321-868-1248 fax 105 Polk Avenue. P.O. Box 326 Cape Canaveral, FL 32920 www citvofcapecanaveraLore Launch your connection From: Todd Morley <T.Morley@cityofcapecanaveral.org> Sent: Thursday, May 14, 2020 4:30 PM To: CouncilMembers <CouncilMembers@cityofcapecanaveral.org> Cc: Anthony Garganese <agarganese@orlandolaw.net>; Daniel LeFever <D.LeFever@cityofcapecanaveral.org>; David Dickey <D.Dickey@cityofcapecanaveral.org>; Gustavo Vergara <G.Vergara@cityofcapecanaveral.org>; James Moore <j.moore@cityofcapecanaveral.org>; Jeff Ratliff <J.Ratliff@cityofcapecanaveral.org>; John DeLeo <J.DeLeo@cityofcapecanaveral.org>; Melinda Huser <M.Huser@cityofcapecanaveral.org>; Mia Goforth <M.Goforth@cityofcapecanaveral.org>; Molly Thomas <M.Thomas@cityofcapecanaveral.org> Subject: COVID-19 Fee Reductions memo All, At the 4/24/20 Regular City Council meeting, Council reached consensus to bring ideas back to the next City Council Meeting regarding reduction of fees and regulations. Throughout the last few weeks, Staff has been developing ideas which the Council could consider as areas for a temporary reduction of fees. Those ideas are described in the attached memo. Note that these are separate from the Revised Permit Fees Resolution agenda item. Please let me know if there are any questions. Thank you, Todd Todd Morley Interim City Manager t. morley@cityofcapec anaveral. org Office phone (321) 868-1220 - Ext 218 Office fax (321) 868-1248 100 Polk Avenue - P.O. Box 326 Cape Canaveral, FL 32920 www. CitvofCapeCanaveraL org The City of Cape Canaveral — Sun, Space & Sea° 4 Connect with us! Facebook + Instagram + Twitter + YouTube + Nextdoor Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public -records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing 5 Interim City Manager's Office Memo TO: City Council FROM: Todd Morley, Interim City Manager DATE: May 13, 2020 RE: COVID-19 Fee Reductions This memo is in response to City Council's request to evaluate fees charged by the City for purposes of temporarily reducing certain costs to our residents and businesses, many of whom are suffering from the economic downturn caused by the current unprecedented COVID-19 Pandemic Virus. Each Department was asked to provide input. Should City Council elect to effectuate any fee reductions, Staff recommends that City Council set a termination date, subject to future modification, of September 30, 2020 for the program unless another timeframe is specified below. The following recommendations are both regulatory and financial in nature: 1. Building permit fees. In addition to the fee schedule reduction presented earlier to City Council, reduce the permit fee by 50 percent for residential and commercial projects under $15,000. During the months of March and April, an average of 99 permits were issued for projects valued under $15,000. This generated approximately $20,000 in revenue. Should these fees be reduced by 50 percent, the City would lose approximately $10,000 on a monthly basis; 2. Waive the $35.00 Application Fee charged for all Building permit applications (fee does not apply to right-of-way permits). In April of this year, 91 permits were issued generating $3,185. This would be a rough estimate of the loss of monthly CDD revenue should the fee be temporarily waived; 3. Reduce all Board (Planning & Zoning/Board of Adjustment/Community Appearance Board) application fees by 50 percent. Assuming one application per board per month, this will reduce revenue by $862.50 per month; 4. Waive the $50.00 fee for Zoning Determination letters and Code Enforcement Compliance letters provided by the CDD. Assuming there will be one request per month for each type letter, revenue will be reduced by $100.00 per month; 5. Waive 100% of permit fees for the erection of a tent for purposes of outdoor seating related to restaurants; additionally, any tent permit fees paid since the Governor's initial COVID order will be reimbursed. 6. Waive the Development Review Committee application fee. Assuming one DRC meeting per month, this will reduce revenue by $275 per month. 7. Waive Fire Inspection Fees. Assuming an annual/monthly average, this will reduce revenue by $3,833 per month 8. Business Tax Receipt Waivers for all City of Cape Canaveral Businesses for 2020/21. Assuming revenue would be the same as it was in FY2019/20, this will reduce revenue by $165,369. Many municipalities throughout Brevard are considering waiving BTR fees for FY 20/21, and there has been discussion with Brevard County regarding using the CARES Act funding received by the County to reimburse those Cities for revenues lost in waiving BTR fees. Currently, the Brevard County Board of County Commissioners has not designated any of the CARES Act funding for Business Relief programs. Although 40% of it remains unobligated. This was presumably done to leave some wiggle room for compliance with any future Directives by the State. Staff recommends City Council not waive BTRs unless and until we have assurance from the County that these funds will be reimbursed. Staff will continue to monitor the issue. City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 2 Subject: Resolution No. 2020-01; amending Appendix B, Schedule of Fees of the City Code related to Chapter 82 Building Permits and Chapter 22 Community Appearance Board applications; repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date. Department: Community Development Summary: On August 15, 2017 and April 16, 2019, the City Council updated a number of Community Development Department (CDD) application fees and charges. These actions were taken in response to increased costs over time in personnel, fuel, office supplies, records retention and equipment. In addition, Florida Statute and applicable City Codes had increased the required level -of -service provided to users of CDD services. Furthermore, the increases were ostensibly tied to adding Code Enforcement Department and Building Department Staff to address the City Council's priority of reducing blight in the City. The projected annual cost of the new positions was $83,600. In addition, the cost to upgrade the Community Development Department's software program ($69,000) was also considered. Finally, the overarching policy behind the fee increase was to shift the cost of providing CDD services from all City property owners (ad valorem) to the actual users of the services (fees). In so doing, the burden on the General Fund would be decreased, allowing freed up dollars to be spent on providing increased services to residents. However, circumstances have changed. A new City administration has been appointed and as a result, current operational practices/processes are being reviewed. At the core of the review is to identify and reduce costs - where appropriate - to City residents to more accurately reflect the cost of providing these services and recovering the financial burden placed upon the General Fund for providing these services. Consequently, CDD Staff has reviewed its current fee schedule for opportunities to right -size department fees. Resolution No. 2020-01 (Attachment 1) proposes the following revisions to the CDD fee schedule: Planning Division Fees: Planning Division fees are a type of user fee paid by its customers. These include application fees for rezoning, comprehensive plan amendments, variances, etc. • Currently the City fee for a Level 2 Community Appearance Board (CAB) application is $75.00. This fee does not cover the cost to the City to review the application and conduct the required public hearing before the CAB. A Level 2 application is typically submitted for new construction of a commercial building such as a hotel or mixed -use project. This process can take many hours of Staff time when all of the departments involved are considered. For this reason, it is proposed that the fee for a Level 2 application for a commercial or industrial project over 850 square feet or a project with four or more residential units be increased from $75.00 to $750.00, which is consistent with similar application types requiring a public hearing. City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No. 2 Page 2 of 3 • A new fee of $75.00 be established for a Level 1 review by the CAB for wall murals. Currently, there is no category for this approval type in the fee schedule. The fee amount is reflective of the amount of Staff time required for a Level 1 review. As the City's FY 2019/20 Adopted Budget only includes $350.00 in CAB fees, the proposed revision will have a nominal impact on the CDD's budget. At its May 19, 2020 Regular Meeting, the Council requested that the use of accent lighting/LED lights be administratively approved. Staff is in the process of preparing the requisite ordinance to provide for this. Resolution 2020-01 has been revised to establish a $50.00 application fee to reflect the amount of Staff work needed for this process. Building Division Fees: Building fees are a user fee paid by customers when Building Division services are utilized. The City's FY 2019/20 adopted budget includes a revenue of $329,000 for building permit fees. • Lowering Base Building Permit Fee — Building Permit (BP) fees are based on the value of the proposed work. As an example, the BP fee for work valued at $500.00 or less is currently $70.00; however, the proposal would reduce the fee to $50.00. The fee for work valued between $501.00 and $1,000.00 is currently $90.00; however, the proposal would reduce the fee to $65.00. The following tables provide a summary of the proposed changes to the fee schedule: Valuation Fee $500.00 or less $501.00 to and including $1,0500.00 $1,0501.00 to and including $23,000.00 $23 001.00 to and including $20,000.00 $20,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 and up $70.00$50.00 $90.00$65.00 $125.00$80.00 $125.00$80.00 for the first $2,000.00 and $5.00 $7.00 for each additional $1,000.00 or fraction thereof to and including $20,000.00 $215.00$206.00 for the first $20,000.00 and $5.00 for each additional $1,000.00 or fraction thereof to and including $100,000.00 $615.00$606.00 for the first $100,000.00 and $4.00 $4.50 for each additional $1,000.00 or fraction thereof to and including $500,000 $2,475.00 $2,406.00 for the first $500,000.00 and $3.00 for each additional $1,000.00 or fraction thereof The proposed revisions represent a roll -back to building permit fee amounts prior to the latest fee increase in April of 2019. Assuming a similar permit volume as last FY, the funding reduction of City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No. 2 Page 3 of 3 Building Permit fee revenue would be approximately $31,000 annually. Note that the Building Division's FY 2019/20 budget includes one (1) full-time inspector position that has not been filled and will result in over a $50,000 annual savings. Another positive affect to the proposed reduction is the increased likelihood that property owners/contractors will secure required permits. For purposes of this item, Staff conducted a survey (Attachment 2) of surrounding local governments to determine how the current and proposed City permit fees compare to those found in the region. In general, the survey shows that the current fee schedule places the City in the upper one-third of surveyed agencies. With the proposed roll -backs, the City's building permit fee structure will be generally mid -range of surveyed agencies. Note that this analysis is focused on building permit fees only, other miscellaneous fees, such as the City's $35.00 permit processing fees add to the overall cost of a permit. The attachment includes a column that includes representative fees. At its May 19, 2020 Regular Meeting, the Council requested that the proposed fees to the three lowest valuation categories remain as recommended and that the remaining four valuation categories be adjusted to more closely track the current fee amounts. In addition, Council also directed Staff to revise the 2nd 3rd and 4' valuation categories to more closely align with the requirements of a Notice of Commencement ($2,500.00). Staff is proposing an effective date of October 1, 2020 to avoid any possible confusion related to the implementation of the fee reduction initiative related to the current COVID-19 emergency. Submitting Department Director: David Dickey Date: 6/9/2020 Attachments: Attachment 1 — Resolution No. 2020-01 (Revised per Council direction) Attachment 2 — Building Permit Fee Survey Financial Impact: Approximately $31,000 decrease in General Fund Revenue. Codification; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 6/9/2020 Interim City Manager recommends City Council take the following action: Adopt Resolution No. 2020-01. Approved by Interim City Manager: Todd Morley Date: 6/9/2020 Attachment 1 RESOLUTION NO. 2020-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING APPENDIX B, SCHEDULE OF FEES OF THE CITY CODE RELATED TO CHAPTER 82 BUILDING PERMITS AND CHAPTER 22 COMMUNITY APPEARANCE BOARD APPLICATIONS; REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, INCORPORATION INTO THE CODE, SE VERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral 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, Sections 166.22 and 553.80, Florida Statutes, enables the City to provide a schedule of fees for carrying out the City's responsibility to enforce the Florida Building Code, which shall be based on direct costs and reasonable indirect costs, including training costs, associated with review of building plans, building inspections and building permit processing; building code enforcement; and fire inspections associated with new construction; and WHEREAS, Section 166.201, Florida Statutes authorizes a municipality to impose user charges or fees which are necessary for the conduct of municipal government; and WHEREAS, the City Council desires to update its permit application fees to more efficiently recover the costs associated with building and Community Appearance Board services; and WHEREAS, the City Council believes updating the City's permit application fees will more accurately reflect the cost of providing these services and recovering the financial burden placed upon the General Fund for providing permit services to the public; and WHEREAS, the City Council finds this Resolution to be in the best interest 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, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are incorporated herein by this reference as part of this Resolution. Section 2. Amendment to Appendix B, Schedule of Fees. Appendix B, Schedule of Fees, to the Cape Canaveral Code of Ordinances related to Chapters 22 (Community Development) and 82 (Buildings and Building Regulations) is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while Chapters not stated below, and type not underlined or struckout shall remain the same as the language existing prior to adoption of this Resolution): City of Cape Canaveral Resolution No. 2020-01 Page 1 of 7 Appendix B - SCHEDULE OF FEES Printed herein are the fees, rates and charges established by resolution of the city council. Subpart A. General Ordinances Chapter 22. Community Development Article 111. Community Appearance Review 1. Level I a. Commercial and industrial projects 850 square feet or less b. One to three residential units c. All signs Amount 75.00 75.00 35.00 d. Fences 1-3 residential units e. Single-family residential addition 850 square feet or less f. Wall Mural g. Accent Lighting 2. Level II a. Commercial and industrial projects over 850 square feet b. Four or more residential units c. Commercial fences City of Cape Canaveral Resolution No. 2020-01 Page 2 of 7 0 35.00 75.00 50.00 Code Section 22-42 22-42 22-42 22-42 22-42 22-42 22-42 (94-1) 75.00 750.00 75.00 750.00 75.00 22-42 22-42 22-42 Subpart B. Land Development Code Chapter 82. Buildings and Building Regulations Code Section 82-2 (A) Building permit fees. On all buildings, structures or alterations requiring a building permit, a fee set forth below shall be paid at the time the permit is issued: Permit fees by total valuation: Valuation T $500.00 or less $501.00 to and including $1,000.00 $1,500.00 $1,001.00 1,501.00 to and including $2,000.00 $3,000.00 $ 2,001.00 $ 3,001.00 to and including $20,000.00 $20,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 and up Fee $70.00 $50.00 $90.00 $65.00 $125.00 $80.00 $125.00$80.00 for the first $2,000.00 and $5.00 $7.00 for each additional $1,000.00 or fraction thereof to and including $20,000.00 $215.00 $206.00 for the first $20,000.00 and $5.00 for each additional $1,000.00 or fraction thereof to and including $100,000.00 $615.00 $606.00 for the first $100,000.00 and $1.00 $4.50 for each additional $1,000.00 or fraction thereof to and including $500,000 $21175.00 $2,406.00 for the first $500,000.00 and $3.00 for each additional $1,000.00 or fraction thereof The total valuation for assessment of permit fees shall be based upon the actual construction contract price for the work required to be permitted including the contract price for any new structure(s), with satisfactory evidence of same being submitted to the building official, or a construction cost estimate made by the building official, using the latest valuation data published by the International Code Council (I.C.C.), whichever is greater, except as otherwise provided in this section. In no case shall the valuation be less than that determined by using the latest valuation data published by the I.C.C. City of Cape Canaveral Resolution No. 2020-01 Page 3 of 7 (B) Plan checking fee. In addition to any fee or fees charged in subsection (a) above: When the valuation of the proposed construction exceeds $1,000.00 and plans and/or specifications are required to be submitted, a plan checking fee shall be paid at the time the permit is issued. The plan checking fee shall be equal to one-half the building permit fee. Such plan checking fee shall be in addition to the building permit fee. When the valuation of the proposed construction exceeds $500,001.00, a nonrefundable plan review deposit shall be paid at the time of permit application submittal. Such deposit may not exceed the anticipated plan review fee. When a dispute exists in the review of the plans and specifications for construction, the applicant may request a hearing before the construction board of adjustment. (C) In addition to any fee or fees charged in subsections (A) and (B), a fee set forth below shall be paid at the time the permit is issued. Note: Reroofing, remodeling, alterations, additions and repairs permit fees shall be paid in accordance with subsections (A) and (B) only. Plumbing, new, residential, per bathroom Plumbing, new, hotel/motel, per unit Plumbing, new, commercial, per bathroom Sewer tap inspection fee Electrical, new, single-family Electrical, new, multifamily, per unit Electrical, new, hotel/motel, per unit Electrical, new, commercial, per unit Mechanical, new, residential, per unit Mechanical, new, hotel/motel, per unit Mechanical, new, commercial, per system Well, deep or shallow $70.00 $70.00 $70.00 $70.00 $110.00 $85.00 $70.00 $70.00 $85.00 $60.00 $60.00 $60.00 City of Cape Canaveral Resolution No. 2020-01 Page 4 of 7 (D) Other fees: Moving of building Demolition of building Fire alarm permit Fire sprinkler permit Preliminary review of construction plans $160.00 $110.00 Per valuation table "A" plus fire department fee calculation Per valuation table "A" plus fire department fee calculation $50.00 per hour or portion thereof Change of Contractor/Sub-Contractor Permit Revision Fee. Minimum half-hour charge Stormwater Review Fee Non -Refundable Application Processing Fee $ 30.00 $25.00 per half hour Reinspection fee —When extra inspection trips are necessary due to partial inspections, wrong address, second call on rejected or condemned work, additional work done after inspection has been made, or work not ready for inspection when called, a charge of $45.00 shall be paid in advance for each additional inspection or at the discretion of the building official on large projects prior to issuance of a certificate of occupancy or completion Certificate of Occupancy City of Cape Canaveral Resolution No. 2020-01 Page 5 of 7 $55.00 per hour $35.00 $ 50.00 $ 50.00 Failure to Obtain an approved Final Inspection Work started prior to issuance of permit (ref. building code adopted by chapter 82 of this Code) Special Inspection (after-hours, weekend, holiday, arranged two days in advance). Minimum four-hour charge for weekends and holidays $110.00 Double Permit Fee Final Inspection. Fine for failure to obtain a final approved inspection for a permit before it expires. No further permits may be issued to any contractor or permit applicant with an outstanding fine or to any contractor with an expired permit due to failure to obtain a final inspection. $50.00 per hour $110.00 Article V. Registration and Maintenance of Properties in Foreclosure Registration and re -registration fee Amount 200.00 Code Section 82-119 Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. Section 4. Incorporation Into Appendix B, Schedule of Fees. This Resolution shall be incorporated into Appendix B, Schedule of Fees, to 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 Resolution and the City Code may be freely made. Section 5. Severability. If any section, clause, phrase, word or provision 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. City of Cape Canaveral Resolution No. 2020-01 Page 6 of 7 Section 6. Effective Date. This Resolution shall become effective on October 1, 2020. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 16th day of June 2020. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral Resolution No. 2020-01 Page 7 of 7 Attachment 2 City $1,000 or less $1,001 to $50,000 $50,001 to $100,000 Rockledge $20.00 $20 for first $1,000 plus $5.00 for each $265 for first $50,000 plus $4.00 for additional thousand each additional thousand Cocoa Beach $65.00 $65 for first $1,000 plus $6.00 for each $360 for first $50,000 plus $5.00 for each additional thousand additional thousand Satellite Beach (Residential) $25 ($50k or less) for the first $1,000 plus $6.00 for each additional $280 for first $50,000 plus $5.00 for thousand each additional thousand Titusville $80 $100 ($1,001 to $2,000) $2,000 plus $6.00 for each additional thousand Sebastian $90 ($3,000 and less) $90 for the first $3,000 to $50,000 plus $630 for first $50,000 plus $8.50 for $11.50 for each additional thousand each additional thousand Melbourne $50.00 $50.00 for the first $1,000 plus $6.25 for $356.25 for first $50,000 plus $5.25 for each additionad thousand each additional thousand Daytona Beach $55.10 (up to $3,000) $55.10 ($3,001 to $15,000) plus $14.00 $209.90 ($15,001 to $100,000) plus for each additional thousand $6.95 for each additional thousand Volusia County $46.25 ($100 to $2,000) $46.25 ($2,001 to $40,000) plus $6.17 for $280.64 ($40,001 to $100,000) plus $4.60 each additional thousand for each additional thousand Altamonte Springs $50.00 ($500.00 or less) $50.00 ($500.01 and over) plus 0.5% of additional valuation Palm Bay Cape Canaveral (current) Cape Canaveral (proposed) $30.00 $70.00 ($500 or less)/ $90.00 ($501 to $1,000 $50.00 ($500 or less)/ $65.00 ($501 to $1,000 $30 for first $1,000 plus $6.00 for each $319 for first $50,000 plus $5.00 for each additional thousand additional thousand $125 ($1,001 to $2,000)/$125 ($2,001 to $215 ($20,001 to $100,000) for the first $20,000) for first $30,000 plus $5.00 for $20,000 plus $5.00 for each additional each additional thousand thousand $80.00 ($1,001 to $2,000)/$100 ($2,001 to $175 ($20,001 to $100,000) for the first $20,000) for first $30,000 plus $5.00 for $20,000 plus $5.00 for each additional each additional thousand thousand Cat $100,001 to $500,000 $500,000 and up Miscellaneous Fees Rockledge $465 for first $100,000 plus $3.00 for $1,665 for first $100,000 plus $2.00 each additional thousand for each additional thousand Cocoa Beach $585 for first $100,000 plus $4.50 for $2,385 for first $500,000 plus $3.00 each additional thousand for each additional thousand Satellite Beach (Residential) $480 for first $100,000 plus $4.00 for $1,680 for first $500,000 plus $3.00 each additional thousand for each additional thousand $30.00 Titusville $688 for first $100,000 plus $5.00 for each additional thousand $2,688 ($500k to $2M) for first $500,000 plus $3.00 for each additional thousand Sebastian $1,055 for first $100,000 plus $5.50 $3,255 for first $500,000 plus $2.50 for each additional thousand for each additional thousand Melbourne $618.75 for first $100,000 plus $4.25 $2,318 for first $500,000 plus $3.25 $100.00 for each additional thousand for each additional thousand Daytona Beach $804.80 plus $5.55 for each $3,182.75 ($500,001 to $1M) plus additional thousand $4.10 for each additional thousand Volusia County $556.65 plus $3.05 for each additional $1,777,75 plus $1.50 for each thousand additional thousand Altamonte Springs $55.00 Palm Bay Cape Canaveral (current) Cape Canaveral (proposed) $569 for first $100,000 plus $5.00 for $2,169 for first $500,000 plus $3.00 each additional thousand for each additional thousand $615 for the first $100,000 plus $4.00 $2,475 for the first $500,000 plus for each additional thousand $3.00 for each additional thousand $575 for the first $100,000 plus $4.00 $2,250 for the first $500,000 plus for each additional thousand $3.00 for each additional thousand $30.00 $35.00 $35.00 City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 3 Subject: Resolution No. 2020-13; affirming the City's commitment to denouncing hate -speech, violent action and misinformation related to COVID-19; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Legislative Summary: In February 2020, the City of Cape Canaveral joined the Florida Hate Crime Coalition (FHCC), founded in 2016 by the Anti -Defamation League (ADL), through City Council adoption of Resolution No. 2020-03. This past May, ADL passed along information requesting the City adopt a resolution denouncing hate -speech, violent action and misinformation targeted at members of certain groups due to the onset of the COVID-19 pandemic. Due to the perceived history of the disease, members of Asian and Pacific Islander races have been unfairly discriminated against and experienced increased aggression. Antisemitism has also been on the rise, with the pandemic being utilized as a catalyst by individuals and groups looking to further promote hateful ideologies. Resolution No. 2020-13 (attached) affirms the City's commitment to protecting its community against bigotry and racism and to protect those unfairly targeted during the COVID-19 pandemic. Council Member Angela Raymond and Mayor Bob Hoog separately contacted Staff to forward the information from ADL and request that this Resolution be presented for Council consideration and action. Submitting Council Members: Council Member Angela Raymond Date: 5/18/2020 & Mayor Bob Hoog Date: 5/26/2020 Attachment: Resolution No. 2020-13 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 6/5/2020 Interim City Manager recommends City Council take the following action: Adopt Resolution No. 2020-13. Approved by Interim City Manager: Todd Morley Date: 6/5/2020 RESOLUTION NO. 2020-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AFFIRMING THE CITY'S COMMITMENT TO DENOUNCING HATE -SPEECH, VIOLENT ACTION AND MISINFORMATION RELATED TO COVID-19; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, since the outbreak of the COVID-19 virus, more than 6,672,287 cases and more than 391,773 deaths have been confirmed worldwide as of June 4, 2020, according to the Johns Hopkins University Coronavirus Resource Center, and according to the Centers for Disease Control and Prevention, 1,842,101 cases and 107,029 deaths have been reported in the United States as of June 4, 2020; and WHEREAS, COVID-19 will not be stopped by political boundaries and was not created or caused by any race, nationality or ethnicity, and the World Health Organization has cautioned against using geographic descriptors that can fuel ethnic and racial discrimination; and WHEREAS, people from all racial, national and ethnic backgrounds have been infected with COVID-19; and WHEREAS, the City of Cape Canaveral is fully committed to the safety, security, and equal treatment of its residents as it confronts the COVID-19 pandemic; and WHEREAS, each individual has the ability to promote inclusiveness, celebrate diversity, support all fellow community members, prevent the spread of misinformation, and reject hate and bias in all forms; and WHEREAS, hate crimes, discrimination and aggression against Asians and Jews are on the rise throughout the country as these groups are being blamed for the COVID-19 outbreak and spread; and WHEREAS, as our history has shown, times of great fear, uncertainty and unrest can lead to the demonization, blaming, and scapegoating of groups as the "other;" and WHEREAS, extremists are taking advantage of COVID-19 to spread their hateful ideologies, including antisemitism, racism, Islamophobia, and Sinophobia; and WHEREAS, amid the growing spread of COVID-19, there are surging reports of bias -motivated incidents targeting members of the Asian and Pacific Islander community in the U.S.; and WHEREAS, COVID-19 is a public health issue, not a racial, religious or ethnic one, and the deliberate use of terms such as "Chinese virus" or "Kung Fu virus" to describe COVID-19 only City of Cape Canaveral Resolution No. 2020-13 Page 1 of 3 encourages hate crimes and incidents against Asians and further spreads misinformation at a time when communities should be working together to get through this crisis; and WHEREAS, the Jewish community has been targeted with blame, hate, antisemitic tropes and conspiracy theories about their creating, spreading and profiting from COVID-19; and WHEREAS, to target and stigmatize specific communities for the COVID-19 outbreak and world-wide spread creates an inexcusable risk to all community members; and WHEREAS, it is critical that the City of Cape Canaveral take leadership and stand in solidarity with its Asian and Jewish communities to send a message that discriminatory and hate -motivated behavior or violence will not be tolerated; and WHEREAS, wishes to affirm its commitment to the well-being and safety of its Asian and Jewish community members and ensure they know they are not alone and that the City of Cape Canaveral is committed to ending the spread of all forms of hate and bigotry. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Denouncing Bigotry. The City of Cape Canaveral denounces antisemitism, anti -Asian bigotry, and all hateful speech, violent action and the spread of misinformation related to COVID-19 that casts blame, promotes racism or discrimination or harms the City of Cape Canaveral's Asian and Pacific Islander, Jewish, immigrant or other communities. Section 3. Affirming Commitment. The City of Cape Canaveral joins cities, counties and states across the country in affirming its commitment to the safety and well-being of all community members, including the Asian and Jewish communities, and in combatting hate crimes targeting Asians, Jews and Pacific Islanders. Section 4. Continued Efforts. The City of Cape Canaveral will continue its efforts to protect residents, targets and victims of hate, and to encourage prosecution and curb hate acts related to COVID-19 in partnership with nonprofit organizations, the Florida State Attorney's 18th Judicial Circuit, the Brevard County Sheriff's Office and other law enforcement partners. Section 5. Support of Rights. The City of Cape Canaveral pledges to support the inalienable rights of all people in our community, who should be treated with respect and must remain safe during this pandemic. We call upon all our residents to treat each other with respect. Section 6. Calling Attention. The City of Cape Canaveral urges residents to join us in calling attention to these harms and denouncing hate to help keep us all safe during this unprecedented pandemic and beyond. City of Cape Canaveral Resolution No. 2020-13 Page 2 of 3 Section 7. 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 8. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereto. Section 9. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 16th day of June, 2020. ATTEST: Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Bob Hoog, Mayor Name FOR AGAINST Mike Brown Bob Hoog Mickie Kellum Wes Morrison Angela Raymond City of Cape Canaveral Resolution No. 2020-13 Page 3 of 3 City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 4 Subject: Authorize removal of two (2) specimen trees at 333 & 337 Madison Ave. at a mitigation ratio of one-to-one. Department: Community Development Summary: On March 23, 2020, a tree removal application was submitted to Staff for removal of two (2) live oak trees by Bayside Development Corporation in order to build two houses located at 333 & 337 Madison Ave., Cape Canaveral (Attachment 1). On April 10, 2020, the City Arborist conducted a site inspection and verified the two (2) live oak trees proposed for removal are specimen trees. Tree #1 - The City Arborist submitted a Tree Hazard Evaluation Form (Attachment 2). Tree #1 has a diameter at breast height (dbh) of forty-eight (48) inches, is approximately forty-five (45) feet in height and has a fifty (50) foot canopy spread. The Arborist's report indicated, at the time of inspection, the tree was in good health. Tree #2 - The City Arborist submitted a Tree Hazard Evaluation Form (Attachment 3). Tree #2 has a diameter at breast height (dbh) of thirty-six (36) inches, is approximately forty (40) feet in height and has a thirty (30) foot canopy spread. The Arborist's report indicated, at the time of inspection, the tree was in good health. Per City Code Sec. 102-41(b): "Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made [...]" As indicated by red X's in the attached Site Plan/Survey (Attachment 4), the two specimen trees are located in the footprint of the proposed townhomes, which necessitates their removal. Therefore, mitigation is required per City Code Sec. 102-41(b). Staff recommends City Council authorize removal of the specimen trees, with the required mitigation completed by the time of issuance of Certificate of Occupancy (C.O.) for the proposed homes. Staff recommends removal of the trees be mitigated at a ratio of one-to-one which can be in the form of a contribution to the City's Tree Bank or planting of replacement trees. As the specimen trees are healthy and do not pose a danger to persons or property, they are not subject to 163.04, F.S. "Tree pruning, trimming, or removal on residential property." Thus, the City has authority to grant, deny or require mitigation for authorization for removal of these trees. Submitting Department Director: David Dickey Date: 6/9/2020 Attachments: 1 — Permit Application for Removal of Trees/Aerial Photo 2 — Tree Hazard Evaluation Form for 333 Madison Ave. 3 — Tree Hazard Evaluation Form for 337 Madison Ave. 4 — Site Plan/Survey City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No. 4 Page 2 of 2 Financial Impact: Staff time and effort to complete the Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 6/9/2020 Interim City Manager recommends City Council take the following action: Authorize removal of two (2) specimen trees located at 333 & 337 Madison Ave. at a mitigation ratio of one-to-one. Approved by Interim City Manager: Todd Morley Date: 6/9/2020 Attachment 1 CITY OF CAPE CANAVERAL 100 POLK AVENUE CAPE CANAVERAL, FL 32920 (321) 868-1220 phone (321) 868-1247 fax buildingforms@cityofcapecanaveraLorg Application Fee: $30.00 Permit # Tracking # Application Date: APPLICATION FOR TREE REMOVAL PERMIT City of Cape Canaveral Code of Ordinances Section 102-39 (a) PROPERTY INFORMATION TWP: 245 RNG: 33E SEC: 23 SUB#. Avon by the Sea BLK/PAR: 21 LOT:718 Site Address: 333 & 337 Madison Ave City: Cape Canaveral Zip: 32920 Owner's Name: Last: Bayswater First: Development Corp Telephone Number: 321-795-4200 Owner's Address: Street: 1684 W. Hibiscus Blvd City: Melbourne Fl Zip: 32901 CONTRACTOR'S INFORMATION (APPLICANT) Owner/Builder Qualifier Name: Last: Braselton First: William Company Name: Bayswater Development Corp Address: # 1684 Street: W. Hibiscus Blvd City: Melbourne Fl Zip: 32901 Fax#: Phone #: 321 795 4200 E-Mail: dude@bayswater.cc >Single Family Residence Townhome Apartment Other PROJECT INFORMATION Cost of Project: $1,000 Please clarify the reason tree (s) must be removed: conflict with new home construction Do you plan to replant? Please Describe: Yes, plan to plant replacement Oaks How many trees do you plan to replant? 333 = 12" of new oaks = 4 trees 337 = 24" of new oaks = 8 trees Notes: d.b.h. is diameter at breast height (4 1/2 feet above grade: Caliper is the measurement of a tree 12 inches from the soil level. A Specimen Tree is one with a 24" or greater caliper measurement. City Council shall have final approval authority for the removal of Specimen Trees. The City Arborist must complete his tree report prior to any permit approval. *ALL trees to be removed must be marked prior to the Arborists inspection. *No tree removal will be completed prior to an approved permit. Intl, FORM DATE: 3/26/2018 PAGE 1 of 2 FORM: APPL APPLICANT'S AFFIDAVIT Application is hereby made to obtain a permit to do the tree removal and replacement work as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating tree removal in this jurisdiction. A copy of the permit shall he posted on -site until all tree removal activities are complete. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor and/or the Owner and has the authority to apply for this permit. Signature: Contractor/Applicant Date: 4/22/20 State of Florida County of Brevard Subscribed and sworn to before me this 22 day of April, 2020, personally appeared William Braselton who is personally known to me or produced ______ as identification, and who did/did not taken oath. ______ Notary Public Signature Seal Notary Pubilc State of Florida John N Sottile My Commission GG 071931 Expires 02/09/2021 DISCLAIMER. The City of Cape Canaveral's approval of this development permit does not create any right for the permittee to obtain a permit from a state or federal agency. Further, pursuant to section 166.033, Florida Statutes, the City of Cape Canaveral shall not be liable for issuance of this development permit in the event a permmittee fails to obtain any other required approval, fails to fulfill obligations imposed by a state or federal agency, or undertakes actions that result in a violation of state or federal law. The issuance of this development permit is expressly conditioned upon the permittee obtaining all other applicable state orfederal permits, if any, prior to the commencement of the development authorized by the City's development permit. FINAL INSPECTION IS REQUIRED Failure to obtain a final inspection may result in a penalty. FORM DATE: 3/26/2018 PAGE 2 of 2 FORM'. APPL 333 Madison Ave Aerial View 337 Madison Ave Aerial View Attachment 2 A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: 333 Madison ave. Map/Location: Owner: public private X unknown other Date: 4/10/20 Inspector: City of Cape Canaveral - Tim Davis Date of last inspection- Unknown TREE CHARACTERISTICS__________ Tree #: 1 Species: Quercus virginiana " Live Oak " HAZARD RATING: 1 + 4 + 4 _ 9 Failure + Size + Target = Hazard Potential of part Rating Rating Immediate action needed Needs further inspection Dead tree DOH: 48 in. # of trunks: 1 Height: 45 ft. Spread: 50 ft. Form: ❑✓ generally symmetric ❑minor asymmetry ❑ major asymmetry ❑stump sprout ❑stag -headed Crown class: ✓❑ dominant ❑ co -dominant ❑ intermediate ❑suppressed Live crown ratio: 100 % Age class: ❑ young ❑ semi -mature ✓❑ mature ❑over-mature/senescent Pruning history: ❑ crown cleaned ❑ excessively thinned ❑ topped ❑crown raised ❑pollarded ❑ crown reduced ❑flush cuts ❑cabled/braced ❑ none ✓❑ multiple pruning events Approx. dates: Unknown Special Value: ✓❑specimen ❑ heritage/historic ❑wildlife ❑ unusual ❑street tree ❑ screen ❑shade ❑ indigenous ❑ protected by gov_ agency TREE HEALTH At the of my inspection, this oak was in good health with no hazards. Foliage color.> ❑normal ❑ chlorotic ID necrotic Epicormics? YON° Growth obstructions: Foliage density:> ❑normal ❑sparse Leaf size: ✓❑normal ❑small ❑stakes ❑wire/ties signs ❑cables Annual shoot growth: ❑ excellent> ❑ average ❑ poor Twig Dieback? VON® 'lout/pavement ❑guards Woundwood development: ❑excellent> ❑average ❑poor ❑ non e pother Vigor class: ❑excellent > average ❑fair ❑ poor Major pests/diseases: None at the time of my inspection. SITE CONDITIONS Site Character. ✓❑residence ❑commercial ❑industrial ❑park ❑open space ❑natural ❑woodlandlforest Landscape type: ❑parkway praised bed ❑container ❑ mound ❑lawn ❑ shrub border ❑ wind break Irrigation: ❑✓ none ❑adequate ❑inadequate ❑excessive ❑trunkwettled Recent site disturbance? YON® ❑construction ❑soil disturbance ❑grade change ❑line clearing ❑site clearing % dripline paved:> 0%0 10-25% >025 -50%050-75%075-100% 0 Pavement lifted? Y©Np dripline w/fill soil: >0% 10-25°% 0025-50%05D-75%D75-100%❑ dripline grade Towered: > 0%0 10-25% ❑25-5O°% 50-75% 75-1O0% ❑ Soil problems: ❑drainage❑shallow compacted > droughty saline > alkaline ❑acidic ❑small volume disease center history of fail clay ❑expansive ❑slope ° aspect: Obstructions: lights ❑signage ❑line -of -sight ❑view ❑overhead lines ❑ underground utilities ❑traffic ❑adjacentveg. ❑ ____ Exposure to wind: ✓❑ single tree ❑ below canopy Z above canopy ❑ recently exposed ❑ windward, canopy edge area prone to windthrow Prevailing wind direction: East Occurrence of snow/ice storms ❑never ❑seldom ❑regularly TARGET Use Under Tree: ❑building parking ❑traffic pedestrian ❑recreation ❑landscape hardscape small features utility lines Can target be moved? Y©NO Can use be restricted? YO NO Occupancy: ❑occasional use ❑intermittent use ❑frequent use > constant use The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y© N0 Mushroom/conk/bracket present: Y©NO ID: Exposed roots: ✓❑ severe ❑ moderate ✓❑ low Undermined: ❑ severe ❑ moderate > low Root pruned: distance from trunk Root area affected:___% Buttress wounded: YONO When: Restricted roof area: ❑severe ❑ moderate ❑ low Potential for root 'failure: ❑severe ✓❑moderate ❑ low LEAN: deg. from vertical ❑natural ❑unnatural ❑self -corrected Soil heaving: Y©N0 Decay in plane of lean: YONO Roots broken Y©NO Soil cracking: YONO Compounding factors: None Lean severity: ❑ severe moderate ✓❑ low CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, m = moderate, I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper L L L L Bow, sweep L L L L Codominants/forks N/A L L L Multiple attachments N/A L L L Included bark L L L L Excessive end weight L L L L Cracks/splits L L L L Hangers N/A L L L Girdling L L L L Wounds/seam L L L L Decay L L L L Cavity L L L L Con ks/m ush rooms/bracket L L L L Bleeding/sap flow L L L L Loose/cracked bark L L L L Nesting hole/bee hive L L L L Deadwood/stubs L L L L Borers/termites/ants L L L L Cankers/galls/burls L L L L Previous failure L L L L HAZARD RATING Tree part most likely to fail: Healthy tree. Inspection period: Failure Potential + Size of Part + Target Rating = Hazard Rating 1 + 4 + 4 = 9 annual biannual other 1 time. Failure potential: 1 - low; 2 - medium; 3 - high; 4 - severe Size of part: 1 - <6" (15 cm); 2 - 6-18" (15-45 cm); 3- 18-30" (45-75 cm); 4 - >30" (75 cm) Target rating: 1 - occasional use; 2 intermittent use; 3 - frequent use; 4 - constant use HAZARD ABATEMENT Prune: ❑remove defective part ❑reduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑restructure ❑shape Cable/Brace: Inspect further: ❑root crown ❑decay ❑ aerial ❑ monitor Remove tree: Y©NO Replace? Y©N© Move target: Y©NO Other: Effect on adjacent trees: ✓❑ none Devaluate Notification: Downer ❑✓ manager ✓❑governing agency Date: 4/10/20 COMMENTS The tree i inspected today was a Live Oak. At the time of my inspection, this oak was Specimen Tree in good health with no hazards. If you have any questions, please call or e-mail me. Thank you, Tim Davis FLO509A Attachment 3 A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas TREE HAZARD EVALUATION FORM 2nd Edition Site/Address: 337 Madison ave. Map/Location: Owner: public private X unknown Date: 4/10/20 Inspector: City of Cape Canaveral - Tim Davis Date of last inspection- Unknown HAZARD RATING: 1 + 4 + 4 = 9 Failure + Size + Potential of part 4 _ 9 Target = Hazard Rating Rating Immediate action needed Needs further inspection Dead tree TREE CHARACTERISTICS Tree #: 1 Species: Quercus virginiana " Live Oak " DBH: 36 in. # of trunks: 1 Height: 40 ft. Spread: 30 ft. Form: ❑✓ generally symmetric ❑minor asymmetry ❑ major asymmetry ❑stump sprout stag -headed Crown class: ❑ dominant >co -dominant ❑ intermediate ❑suppressed Live crown ratio: 100% Age class: ❑ young ❑ semi -mature ✓❑ mature ❑ over-mature/senescent Pruning history: ❑ crown cleaned ❑ excessively thinned ❑ topped ❑crown raised ❑pollarded ❑ crown reduced ❑flush cuts ❑cabled/braced ❑ none ✓❑ multiple pruning events Approx. dates: Unknown. Special Value: ✓❑specimen ❑ heritage/historic ❑wildlife ❑ unusual ❑ street tree ❑ screen ❑shade ❑ indigenous > ❑ protected by gov. agency TREE HEALTH Foliage color. >❑normal ❑chlorotic ❑necrotic Epicormics? YON® Foliage density: > ❑ normal ❑ sparse Leaf size: ✓❑ normal ❑ small Annual shoot growth: ❑ excellent > ❑ average ❑ poor Twig Dieback? YON® Woundwood development: ❑excellent > ❑average poor None Vigor class: ❑excellent > average ❑fair ❑ poor Major pests/diseases: None at the time of my inspectio SITE CONDITIONS Site Character. ✓❑residence ❑commercial ❑industrial ❑park Dopen space ❑natural ❑woodlandlforest Landscape type: ❑ parkway Praised bed ❑ container ❑ mound >❑lawn ❑ shrub border ❑ wind break Irrigation: > none ❑ adequate ❑ inadequate ❑excessive ❑ trunk wettled Recent site disturbance? YON® ❑construction ❑soil disturbance ❑grade change ❑line clearing % dripline paved: %0 10-25% 25-50% > 50-75% 75-100% Pavement lifted? YONO dripline wffill soil: > 0% 10-25% 25-50% >50-75% 75-100%❑ dripline grade Towered: 0% 10-25% 25-50 > 50-75% 75-100% ❑ Soil problems: ❑drainage❑shallow > compacted droughty > saline alkaline ❑acidic ❑small volume disease center history of fail clay ❑expansive ❑slope ° aspect: Obstructions: Plights ❑signage line -of -sight ❑view ❑overhead lines underground utilities ❑traffic ❑adjacentveg. ❑✓ None. Exposure to wind: ❑ single tree ❑ below canopy ❑ above canopy ❑ recently exposed ❑ windward, canopy edge ❑ area prone to windthrow Prevailing wind direction: Occurrence of snow/ice storms ❑never ❑seldom ❑regularly TARGET Use Under Tree: ❑building parking ❑traffic ❑pedestrian ❑recreation ❑landscape ❑hardscape small features utility lines Can target be moved? Y©NO Can use be restricted? VON p Occupancy: ❑occasional use ❑intermittent use ❑frequent use > constant use ❑site clearing Y©Np The International Society of Arboriculture assumes no responsibility for conclusions or recommendations derived from use of this form. TREE DEFECTS ROOT DEFECTS: Suspect root rot: Y©NO Mushroom/conk/bracket present: Y©NO () ID: Exposed roots: ❑ severe ❑ moderate ✓❑ low Undermined: ❑ severe ❑ moderate D low Root pruned: 0 ft. distance from trunk Root area affected: 0% Buttress wounded: YONO When: Restricted root area: ❑severe ❑ moderate > low Potential for root failure: ❑severe ❑moderate ✓❑ low LEAN: 30 deg, from vertical Dnatural ❑unnatural ❑self -corrected Soil heaving: Y©NO Decay in plane of lean: Y©NO Roots broken Y©NO Soil cracking: Y©NO Compounding factors: None. Lean severity: ❑ severe >moderate ❑ low CROWN DEFECTS: Indicate presence of individual defects and rate their severity (s = severe, m = moderate, I = low) DEFECT ROOT CROWN TRUNK SCAFFOLDS BRANCHES Poor taper L L L L Bow, sweep L L L L Codominants/forks N/A M L L Multip[e attachments N/A L L L Included bark L L L L Excessive end weight N/A L L L Cracks/splits L L L L Hangers N/A L L L Girdling L L L L Wounds/seam L L L L Decay L L L L Cavity L L L L Con ks/m ush rooms/bracket L L L L Bleeding/sap flow L L L L Loose/cracked bark L L L L Nesting hole/bee hive L L L L Deadwood/stubs L L L L Borers/termites/ants L L L L Cankers/galls/burls L L L L Previous failure L L L L HAZARD RATING Tree part most likely to fail: Healthy tree. Inspection period: Failure Potential + Size of Part + Target Rating = Hazard Rating 1 + 4 + 4 = 9 annual biannual other 1 time. Failure potential: 1 - low; 2 - medium; 3 - high; 4 - severe Size of part: 1 - <6" (15 cm); 2 - 6-18" (15-45 cm); 3- 18-30" (45-75 cm); 4 - >30" (75 cm) Target rating: 1 - occasional use; 2 intermittent use; 3 - frequent use; 4 - constant use HAZARD ABATEMENT Prune: ❑remove defective part ❑reduce end weight ❑crown clean ❑thin ❑raise canopy ❑crown reduce ❑restructure ❑shape Cable/Brace: Inspect further: ❑root crown ❑decay ❑ aerial ❑ monitor Remove tree: Y©NO Replace? Y©N© Move target: Y©NO Other: Effect on adjacent trees: > none evaluate Notification: >owner >manager > governing agency Date: 4/10/20 COMMENTS The tree i inspected today was a Live Oak. At the time of my inspection, this oak was a Specimen Tree in good health with no hazards. If you have any questions, please call or e-mail me. Thank you, Tim Davis FLO509A Attachment 4 PROJECT BENCHMARK NGS BENCHMARK N 205 BENCH MARK DISK 1N CONCRETE MONUMENT STAMPED "Al 205 1963" EL 7.77 (NAVD 88) EL 9.141 (NGVD 29) • SET NAIL EL7.86 MADISON AVENUE FND. N&D LB 7040 EL 7.83 PROSPOSSED BRICK PAVER APRON 24.0' 2' CONC: CURB 24.0 SET NAIL EL 7.48 26.00' WATER METER S89.52'31 "E 300.37' (M) 300' (P) PI FND. 1/2" IR & CAP PLS 5383 50.86' (M) 50' (P) SET 1/2" IR & CAP PLS 5383 A CAP PLS 5383 25.0' S89'52'31"E EL 9.0 20.00' EL 8.3 50.06' (M) 50'(P) DDISON AVENUE ___— (48. /W) I 1. li- I PROPOSED , I BRICK PAVER I o F `(/ APRON FU NI 26.00' iry WATER METER- 1 ! I SET 1/2" IR & CAP PLS 5383 S89 52'31 E 300.37' (M) 300' (P) FENCE ON LINE LOT 6 BLOCK 21 (RESIDENCE) (FF EL 10.70) 0.4' OFF 0.5' OFF 10' k'{ •o 8.06 v 14 Oc )a a' cb B.S.L. Nsc • oq 805' N N 1 0' Nof 2 CONC. CURB S89•521 "E 50.06'N) 58' (P) 20.00' PROPOSED BRICK PAVER DRIVE O t[} (i PROPOSED PORCH PROPOSED RESIDENCE ADDRESS 0333 PROPOSED FF EL 10.70 (33 1/2" ABOVE ROAD) (CITY WATER & SEWER) PROPOSED PORCH FND. 1/2" IR & CAP PLS 5383 (FND. 3/4" IP, NO ID, 0.9' S) (6,207 SO FT) (0.14 ACRES±) LOT 7 BLOCK 21 m N N 8.05' 8.05' 8' B.S.L. FENCE N89•56'16" W 0.4' DFFf 0.8' OFF50.0w sm 50' (P) CAPE PARK TOWNHOMES (PLAT BOOK 62, PAGE 80) WOOD- POWER POLE S01.49'35 "w FENCE 1.1' ON 50.06' (M) 50' (P) LOT 8 BLOCK 21 (VACANT) 50.04' (M) 50' (P) FND. 1/2" IR & CAP PLS 5383^ Requires 5' sidewalk for final 123.98' (M) 125' (P) SET 1/2" IR & FND 1/2" IR & 57 CAP PLS 5383 WEST (B.B.) 400.18' (M) 400' (P) LOT 16 BLOCK 21 (RESIDENCE) (FF EL 10.24) FWD. N&D LB 6762 MONROE AVENUE SURVEY PREPARED FOR: BAYSWATER DEVELOPMENT CORP. MOSLEY & WALLIS TITLE SERVICES, INC. ALLIANT NATIONAL TITLE INSURANCE COMPANY CAP PLS 5383! FND. 5/8" IR &*6 CAP LB 6762 DESCRIPTION: LOT 7, BLOCK 21, AVON BY THE SEA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. FND. N&A LB 7040 EL 7.83 SET NAIL EL Z48 25.0' 25.0' 1 i DRAINAGE I INLET 1' R 6ge tb A SET N&TT 1 EL 7.32 AAL LAND SURVEYING SERVICES, INC. ACCORDING TO F.I.R.M #12009C 0363 G, DATED MARCH 17, 2014 THIS PROPERTY IS LOCATED WITHIN FLOOD ZONE X TYPE OF SURVEY: BOUNDARY SCALE: 1" = 20' PLOT PLAN: 02-10-20 FIELD DA TE 01-20-20 SEC770N 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST PROJECT /42576 GENERAL NOTES: 1. THIS SURVEY AND DRAWING HAS BEEN PREPARED TO CONFORM 1,17H APPLICABLE STANDARDS OF PRAC77CE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS IN CHAPTER 5J-1Z FLOR/DA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES. 2. THIS SURVEY AND DRAWING IS FOR THE SOLE USE AND BENEFIT OF THE PAR7IES NAMED HEREON AND FOR THE SPECIFIC PURPOSE AS NOTED, AND SHOULD NOT BE RELIED UPON BY ANY 0771ER ENTITY, AND IS NOT TRANSFERABLE UNDER ANY CIRCUMSTANCES. 3. THIS SURVEY IS NOT VAUD WITHOUT THE ORIGINAL SIGNARIRE AND THE SEAL OF THE SURVEYOR, AND ANY REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN PERMISSION OF THE SURVEYOR IS HEREBY FORBIDDEN. 4. NO OPINION OF 71TLE OR OWNERSHIP /S HEREBY EXPRESSED OR IMPLIED BY THE SURVEYOR. 5. THIS SURVEY WAS PREPARED FROM INFORMA770N FURNISHED TO THE SURVEYOR BY THE CLIENT, AND MAY BE SUBJECT TO EASEMENTS OR LIMITA77ONS EITHER RECORDED OR IMPLIED. 6. BEARINGS ARE BASED ON AN ASSUMED DATUM AND ON 7HE LINE SHOWN AS BEING 7HE BASIS OF BEARINGS. 7. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN. 8. ELEVATIONS IF SHOWN, ARE BASED ON THE NORTH AMERICAN VER77CAL DAIUM OF 1988, UNLESS OTHERWISE NOTED: 9 NO WELLS" AND NO SEP77CS" ARE DEFIN/T7ONS TO SHOW AN ATTEMPT BY THE SURVEYOR TO LOCATE POSSIBLE EXIS77NC WELLS AND SEP77CS, HOWEVER NONE WERE FOUND USING STANDARD SURVEY LOCATING EQUIPMENT. 3970 AI/NTON ROAD, WEST MME7J3OURNE, FL 32904 L.B. I'6623 PHONE: (321)768-8110 FAX: (321)952-9771 EMAIL: aalsurve 3olsurHsy.com ANIREW W. PI)WSHOK P.LS. No. DANIEL D. GARNER P.LS. No. 6189 BB — () fD) - R IP — N&D — N&TT — C. M. — LB — PLS — TBM — D — R — L — FND. — CH — P.O. B. — PC — PT — PP — P.O,L. - R/W — B.SL. — OHW — E.P. — P.U. — D.E. — EL — FF — CONC. — R.C.P. — C.M.P. — LEGEND BEARING BASE MEASURED PLAT DEED IRON ROD IRON PIPE NAIL AND' DISC" NAIL AND 77N TAB CONCRETE MONUMENT LICENSE BUSINESS PROFESSIONAL LAND SURVEYOR TEMPORARY BENCHMARK DELTA RADIUS ARC LENGTH FOUND CHORD LENGTH POINT OF BEGINNING POINT OF CURVATURE POINT OF TANGENCY POWER POLE POINT ON LINE RIGHT OF WAY BUILDING SETBACK LINE OVERHEAD WIRES EDGE OF PAVEMENT PUBLIC U77LITY EASEMENT DRAINAGE EASEMENT ELEVA770N FINISHED FLOOR CONCRETE REINFORCED CONCRETE PIPE CORRUGATED METAL PIPE CENTERLINE PROJECT BENCHMARK NGS BENCHMARK N 205 BENCH MARK DISK IN CONCRETE MONUMENT STAMPED "N 205 1963" EL Z77 (NA VD 88) EL 9.141 (NGVD 29) SET NAIL EL Z86 PI N 0 BISON AVENUE -- - (48 R/w) 1 SET 1/2" IR & CAP PLS 5383 589 52'31 "E 350.43' (M) 350' (P) LOT 7 BLOCK 21 (VACANT) 8 40 CA • FENCE 1.1' OFF SET 1/2" IR & CAP PLS 5383 PROPOSED BRICK PAVER APRON 2' CONC. CURB Lei L✓ 8.05' a' B. S.L. 8.05 10.05' C0 26.00' S89'52'31 "E 50.06'(M) 50' (P) 20.00' PROPOSED BRICK PAVER DRIVE Qi U OQ, a_ PROPOSED RESIDENCE ADDRESS #337 PROPOSED FF EL 10.70 (33 1/2" ABOVE ROAD) (CITY WA 7ER & SEWER) 26.83' PROPOSED PORCH LOT 8 BLOCK 21 (6,204 SO FT) L(0.14 ACRES±) N N 50.04' (M) 50' (P) 15.16' 15' B. S.C. 15.15' 1Z14' WOOD POWER POLE CAPE PARK TOWNHOMES (PLAT 800K 62, PACE 80) F▪ ND. N&D LB 6762 WEST (B.B.) N89'52'31 '7 50.06'(M) 50 (P) LOT 16 BLOCK 21 (RESIDENCE) (FF EL 10.24) MONROE AVENUE SURVEY PREPARED FOR: BAYSWATER DEVELOPMENT CORP. MOSLEY & WALLIS TITLE SERVICES, INC. ALLIANT NATIONAL TITLE INSURANCE COMPANY T FND. 1/21' lR&CAP PLS 5383 400.18' (M) 400' (P) FND. 5/8" IR & CAP LB 6762 FND. N&0 LB 7040 EL 7. 83 SET NAIL EL 7.48 25.0' FND. 1/2 IR & CAP PL 383 DRAINAGE I INLET I + I 03 I p ▪ CD tp ►ti • c,. CD - - I I + SET N&TT _ 25.0' EL 7.32 DESCRIPTION: LOT 8, BLOCK 21, AVON BY THE SEA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA. AAL LAND SURVEYING SERVICES INC. ACCORDING TO F.1.R.M. #12009C 0363 G, DATED MARCH 17, 2014 THIS PROPERTY IS LOCATED W7T1.11N FLOOD ZONE X. TYPE OF SURVEY BOUNDARY SCALE: 1. = 20' GENERAL NOTES: 1. THIS SURVEY AND DRAWING HAS BEEN PREPARED TO CONFORM WITH APPUCABLE STANDARDS OF PRACTICE AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS IN CHAPTER 5J-1Z FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 OF THE FLORIDA STATUTES 2. THIS SURVEY AND DRAWING /S FOR THE SOLE USE AND BENEFIT OF 7HE PARTIES NAMED HEREON AND FOR THE SPECIFIC PURPOSE AS NOTED, AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY, AND IS NOT TRANSFERABLE UNDER ANY CIRCUMSTANCES. 3. THIS SURVEY /S NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND THE SEAL OF THE SURVEYOR, AND ANY REPRODUCTION OF THIS DRAWING WITHOUT WRITTEN PERMISSION OF THE SURVEYOR IS HEREBY FORBIDDEN. 4. NO OPIN/ON OF 777LE OR OWNERSHIP IS HEREBY EXPRESSED OR IMPLIED BY THE SURVEYOR. 5. THIS SURVEY WAS PREPARED FROM INFORMATION FURNISHED TO THE SURVEYOR BY THE CLIENT, AND MAY BE SUBJECT TO EASEMENTS OR LIMITATIONS EITHER RECORDED OR IMPLIED. 6. BEAR/NGS ARE BASED ON AN ASSUMED DATUM AND ON THE LINE SHOWN AS BEING THE BASIS OF BEAR/NGS. 7. NO UNDERGROUND IMPROVEMENTS HAW BEEN LOCATED UNLESS OTHERWISE SHOWN. & ELEVATIONS, IF SHOWN, ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM OF 1988, UNLESS OTHERWISE NOTED. 9 NO WELLS" AND "NO SEP77CS" ARE DEFINITIONS TO SHOW AN ATTEMPT BY THE SURVEYOR TO LOCATE POSSIBLE EX/S77NG WELLS AND SEPTICS, HOWEVER NONE WERE FOUND USING STANDARD SURVEY LOCATING EQUIPMENT 3970 MINTON ROAD, WEST MELBOURNE, FL 32904 L.B. , 623 PLOT PLAN: 02-1 0-20 FIELD DATE: 01 — 20-20 SECTION 23, TOWNSHIP 24 SOUTH, RANGE 37 EAST PROJECT ,*42577 PHONE (321)768--8110 -FAX: (321)952-9771 EMAIL: adsurveyeachisurvexcom ANDREIN W. POWN1 tic DANIEL D. GARNER No. 5363 P.LS. No. 6189 IP - N&D - N&TT - C.M. - LB - PLS - TBM - D - R - L - FND. - CH - P. 0. B. - PC - PT - PP - P.O.L. - R/W - B.S.L. - OHW - E.P. - P.U. - D.E. - EL - FF - CONC. - R. C.P. - C.M. P. - LEGEND BEARING BASE MEASURED PLAT DEED IRON ROD IRON PIPE NAIL AND DISC NAIL AND 77N TAB CONCRETE MONUMENT LICENSE BUSINESS PROFESSIONAL LAND SURVEYOR TEMPORARY BENCHMARK DELTA RADIUS ARC LENGTH FOUND CHORD LENGTH POINT OF BEGINNING POINT OF CURVATURE POINT OF TANGENCY POWER POLE POINT ON LINE RIGHT OF WAY BUILDING SETBACK LINE OVERHEAD WIRES EDGE OF PAVEMENT PUBLIC UTILITY EASEMENT DRAINAGE EASEMENT ELEVATION FINISHED FLOOR CONCRETE REINFORCED CONCRETE PIPE CORRUGATED METAL PIPE CENTERLINE City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 5 Subject: Discuss and decide whether to: (1) appoint Todd Morley as the permanent City Manager, subject to Council's approval of a City Manager Employment Agreement at a subsequent meeting; or (2) conduct a City Manager employment search, subject to Council's direction, as per the City Council's previous direction given at the April 21, 2020 Regular Meeting. Department: City Council / City Attorney's Office Summary: On April 21, 2020, the City Council discussed permanently filling the City Manager position. Based on Staff's and the City Attorney's understanding of the discussion and reading of the minutes, the City Council directed that the matter be presented to the City Council again the next time the City Council was able to meet in -person. Therefore, because the June 16, 2020 meeting is in -person, the matter is presented to the City Council for direction. Under the current circumstances and City Council discussion to date, the City Attorney previously advised that the City Council generally has two (2) options: 1. Appoint Interim City Manager Todd Morley as the permanent City Manager, subject to the City Attorney preparing and presenting for the City Council's approval at a subsequent Council meeting, a negotiated City Manager Employment Agreement; or 2. Conduct an employment search, subject to further direction from the City Council on how they prefer to conduct the search. Although a City Manager search can be conducted with internal resources, City Manager searches are frequently conducted by independent executive recruiting firms with experience in high level public administration positions. NOTE: Mayor Bob Hoog also submitted an agenda item request for the City Council to discuss this matter at this meeting. As such, if the City Council determines that Staff and the City Attorney misunderstood the previous direction given by the City Council to consider this matter at the first in -person meeting since the COVID-19 Emergency was declared, this item should be considered a discussion item requested by the Mayor. Submitted by: Mayor Bob Hoog & City Attorney Anthony Garganese Attachment: 1. Page 3 of 5, City Council Regular Meeting Minutes of April 21, 2020. City of Cape Canaveral, Florida City Council Meeting — Regular CMT April 21, 2020 Page 3 of 5 and an effective date, second reading: City Attorney Garganese read the title into the record and explained the Item. No Council discussion ensued. The Public Hearing was opened. There being no discussion, the Public Hearing was closed. A motion was made by Council Member Kellum, seconded by Council Member Raymond, to adopt Ordinance No. 02-2020, second reading. The motion carried 5-0. ITEMS FOR DISCUSSION 10. Discuss the City Manager position, as per Council consensus on February 18, 2020, and take any relevant action as advised by the City Attorney: Discussion ensued and included reasons for appointing and not appointing Mr. Morley now as the permanent City Manager, unanimous recommendation by City Directors in September 2019 to appoint Mr. Morley, postponement of making a decision until May and waiting until Council can meet in -person or until the COVID-19 emergency passes. City Attorney Garganese advised Council the COVID-19 Emergency may not be over by the next scheduled meeting in May and no action is required, but requested Council provide direction and clarification on whether it wants this Item on the Agenda by May or rather when the COVID-19 Emergency is over. Council reached consensus to wait until May and/or when the COVID-19 Emergency is over to make a decision on this Item. Discussion ensued regarding procedure to hire a new City Manager, waiting longer than the six months that Council previously set to make a decision to hire and how that decision came about. Mayor Hoog reaffirmed consensus reached by Council to wait until the ability to meet in person to make a decision on the Item. Mayor Hoog opened the discussion up for public comments. Don Willis spoke in favor of hiring Mr. Morley as City Manager. Jay Petty spoke in favor of hiring Mr. Morley and urged Council to make the decision to do so after already having him serve the six months as Interim City Manager. John Price stated the citizens have had more than six months to express their opinions and spoke in favor of hiring Mr. Morley now. Ray Osborne suggested Council Members get tested for COVID-19 and then meet. Discussion continued. City Attorney Garganese advised Council may decide whether it desires to appoint Mr. Morley and then be presented with a negotiated contract for consideration at another City Council meeting or whether it wants to conduct a search. Discussion continued regarding a contract, providing an equal opportunity for Staff and others to apply for the position, waiting an additional thirty -to -sixty days before making a decision on the Item, the excellent job done by Mr. Morley and possible ways to conduct a search including in-house. City Attorney Garganese clarified a Special Meeting may be conducted as long as advertising requirements are met, again advised Council needs to choose what action take, confirmed consensus is to make that decision in -person and no action needs to be taken now other than to direct Staff to bring back an Agenda Item to make the choice at an in -person meeting. A motion was made by Council Member Morrison, seconded by Council Member Kellum, that after the COVID Emergency, the City Council will meet in -person, in Council Chambers, to vote on whether to hire and appoint Todd Morley as the permanent City Manager or conduct a search. Discussion ensued. The motion passed 5-0. Discussion ensued as to whether a contract should be drawn up and ready within the next thirty days in anticipation of a face-to-face meeting. 11. Discussion on Reducing Fees and Regulations for the Community in response to Executive Orders related to COVID-19. (Submitted by Council Member Morrison): Council Member Morrison City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 6 Subject: Discussion Policy and Budget under the Civil Emergency related to COVID-19. Department: City Council Summary: A discussion amongst the City Council, Administration and Public regarding the policy and budget under the current civil emergency due to COVID-19 within the City of Cape Canaveral. Submitting Council Member: Council Member Wes Morrison Date: 5/6/2020 Attachments: None City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 7 Subject: Discussion on Opening Plan for Cape Canaveral Public Facilities under the Civil Emergency related to COVID-19. Department: City Council Summary: A discussion amongst the City Council, Administration and Public regarding the opening of public facilities under the current civil emergency due to COVID-19 within the City of Cape Canaveral. Submitting Council Member: Council Member Wes Morrison Date: 5/6/2020 Attachments: None CITY OF CAPE CANAVERAL City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 8 Subject: Amending City Code — Code of Conduct. Department: City Council Summary: Out of respect for our residents, at our Monthly Meetings residents have three minutes for public comment and Council Members should limit their comments to three minutes. A well -prepared Council Member should have questions answered by staff prior to every Meeting and be able to make an organized presentation in three minutes or less. This will allow sufficient time to conduct business effectively. Submitting Council Member: Angela Raymond Date: June 3, 2020 Attachments: None. City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 9 Subject: Discussion on Business & Economic Development Board defined in the City Ordinances Article II. - Section 22-26 to 22-35. Department: City Council Summary: The City of Cape Canaveral City Council adopted a Business and Economic Development Board on December 20, 2011 and has interviewed and appointed Members to serve on that Board. With the purpose and duties defined in Section 22-33 below the Board can create value for this community in a time when it is needed. The Board has not met for a very long time and it may be worth considering amending the policies so that we are utilizing our community to bring economic strength to our City. Below is directly from out City Ordinances. ARTICLE II. - BUSINESS AND ECONOMIC DEVELOPMENT BOARD Editor's note- Ord. No. 13-2011, § 3, adopted Dec. 20, 2011, amended the title of Art. II to read as herein set out. Formerly, said Art. II was entitled "Business and Cultural Development Board." Cross reference- Boards, committees, commissions, § 2-171 et seq. Sec. 22-26. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commerce or commercial pertains to activities in the areas of industry, commerce, business and tourism. (Ord. No. 10-99, § 1, 9-7-99) Sec. 22-27. - Established. The city establishes a business and economic development board in and for the city. (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011, § 3, 12-20-11) Sec. 22-28. - Composition. The business and economic development board shall consist of seven regular members. (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 12-2003, § 4, 7-1-03; Ord. No. 13-2011, § 3, 12-20-11) Sec. 22-29. - Reserved. Editor's note- Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-29, which pertained to term of office and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. Sec. 22-30. - Reserved. Editor's note- Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-30, which pertained to vacancies and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No. 9 Page 2 of 3 Sec. 22-31. - Reserved. Editor's note— Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-31, which pertained to removal and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. Sec. 22-32. - Reserved. Editor's note— Ord. No. 12-2003, § 4, adopted July 1, 2003, deleted section 22-32, which pertained to rules and procedures and derived from Ord. No. 10-99, § 1, adopted Sept. 7, 1999. Sec. 22-33. - Purpose and duties. The business and economic development board shall serve as a citizen advisory committee and have the purposes and duties to: (1) Provide recommendations to the city related to the implementation of economic and business development policies established by city. (2) Confer with and advise the city on all matters concerning the development of commerce. The board shall encourage high value business investment and job creation in the city and advise the city on actions to undertake in accomplishing this goal. Actions may include identifying barriers to economic development for desired businesses and creation of economic incentives. (3) As may be requested, act as liaison for the city in the area of public relations with the following: a. Cocoa Beach Regional Chamber of Commerce. b. Canaveral Port Authority. c. Economic Development Commission of Florida's Space Coast. d. Other similar organizations or agencies which, in the opinion of the business and economic development board, would be appropriate for such liaison. (4) Determine from existing commercial enterprises in the city and interested outside entities contemplating locating in the city the appropriate and necessary action the city should take to enhance and encourage the further development of the city's commerce and coordinate with and advise pertinent officials and boards in the city as to the implementation of this action. (5) Advise the city of the advent of any new commercial activity, i.e., new businesses, significant change in existing businesses, etc., in the city's commerce in order that timely and appropriate recognition by the city can be effected. (6) Cooperate with all community groups, which are dedicated to orderly commercial expansion of the city and furnish them with aid and advice as is deemed appropriate. (7) Generally, encourage in any manner the development of business, commerce, industry and tourism in the city. (8) Investigate sources of financial assistance available to the city from the governmental or private sector and assist the city in properly applying and promoting the successful acquisition of the assistance. For the purpose of this article, financial assistance may be in the form of City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No. 9 Page 3 of 3 grants, low interest loans or physical property, including that of real or personal nature. Activity in the private sector will be limited to established foundations. (9) Review and consider the merits of applications for economic development ad valorem tax exemptions; make recommendations to the city council as to whether or not to grant the exemption, and if the exemption is granted, the percentage of the exemption and period of time for the exemption; make recommendations related to additional incentives, including, but not limited to development fee waivers and financial contributions. (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011, § 3, 12-20-11; Ord. No. 02-2015, § 2, 1-20-15) Sec. 22-34. - Advisory capacity. The powers and duties of the business and economic development board are of an advisory nature only, and the board shall not have any powers or duties which conflict with or supersede the powers and duties of other city boards. (Ord. No. 10-99, § 1, 9-7-99; Ord. No. 13-2011, § 3, 12-20-11) Sec. 22-35. - Indebtedness. The business and economic development board shall not incur any debts or enter into any contracts or obligations, which would be enforceable against the city, unless prior approval has been obtained. Submitting Council Member: Attachments: None. Council Member Wes Morrison Date: 6/17/2020 City of Cape Canaveral City Council Meeting - June 16, 2020 Agenda Item Summary Item No. 10 Subject: Discussion under Florida Sunshine Law and the City Ordinances (Code of Conduct) Section 2-172, Section 2.07 and Section 2.09 applied to City Council Member Angela Raymond's performance at the May 8, 2020 Special City Council Meeting. Department: City Council Summary: BACKGROUND On Friday, May 8th 2020 the City of Cape Canaveral held a Special City Council Public Meeting at 6:00 PM which was attended by the entire City Council. On May 13th 2020 Cape Canaveral Citizen, Mr. Patrick Campbell submitted a concern regarding Council Member Angela Raymond's conduct in the May 8th Meeting via email to Mayor Hoog and Interim City Manager Todd Morely as shown in the background and history of correspondence below. He did not receive a reply from his email after following up again with an email to the Mayor and Interim City Manager on May 16, 2020. Mr. Campbell then submitted his concern again after not hearing back via as a public comment which was read by the City Clerk to the City Council, Management and Public. The Mayor followed the reading of this comment by referencing his instructions to maintain decorum and desired no discussion at that time. However, he did state that he wanted to feed this back to Management and the City Attorney who probably will get something setup on this as shown below as well. His exact statement can be verified below. There was no discussion on the matter by City Council, Staff or Public. To my knowledge, as of June 3, 2020 Mr. Campbell has not received a formal reply addressing his concerns with City Council Member Raymond further expressed below. On 5/23/20 Patrick Campbell made a Public Records Request under FL Statues to discover if any action that has been taken. On 5/26/20 Mr. Campbell received a reply from the Public Records Custodian and City Clerk Mia Goforth acknowledging his request with the need to allow 5-10 business days for a reply. BACKGROUND: Below is a history of the correspondence referenced in the above summary. 5/13/20 at 9:34 PM • What: 1st Email • From: Patrick Campbell [patrickcampbell@cfl.rr.com] • To: Mayor Hoog [b.hoog@cityofcapecanaveral.org] & Todd Morely [t.morely@cityofcapecanaveral.org] • Subject: Special meeting, Angela Raymond City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No.10 Page 2 of 6 During the Special Meeting discussing and re -opening the beach. Ms. Raymond's performance during the meeting was a disregard for any level of professional representation. I ask that the Code of Conduct be compared to her performance. Her head holding, rolling around and apparent private running conversation with someone in the room with her during the meeting demands review by City Leadership and City Attorney. Please let me know your actions from my complaint. 5/16/20 at 8:02 PM • What: 2nd Email • From: Patrick Campbell [patrickcampbell@cfl.rr.com] • To: Mayor Hoog [b.hoog@cityofcapecanaveral.org] & Todd Morely [t.morely@cityofcapecanaveral.org] • Subject: Special meeting, Angela Raymond I respectfully ask for a reply. I just watched the video of the special meeting for the third time. Ms. Raymond's behavior is a complete disrespect for the Council. Additionally her continued conversation with off camera people, unknown people and unknown discussion brings the Sunshine Law into question. She was conducting a meeting within the council meeting, not listening to the opinions of fellow council, rolling around on her couch, cradling her head in her hands and acting completely unprofessional. It should have been stopped during the meeting. Her actions should result in a public censure. 5/19/20 at 1:12 PM • What: 3rd Email • From: Patrick Campbell [patrickcampbell@cfl.rr.com] • To: Public Comment Email Address[publiccomments@cityofcapecanaveral.org] • Subject: Public Comment not related to a specific agenda item for the 5/19/2020 Council Meeting On 5/13/2020 with a follow on again requesting a response on 5/16/2020 I asked Todd Morley and Mayor Hoog "During the Special Meeting discussing and re -opening the beach. Ms. Raymond's performance during the meeting was a disregard for any level of professional representation. I ask that the Code of Conduct be compared to her performance. Her head holding, rolling around and apparent private running conversation with someone in the room with her during the meeting demands review by City Leadership and City Attorney. Please let me know your actions from my complaint." No response as of 9 AM 5/19/2020 Raymond's on -going private conversation with off camera people brings the Sunshine Law into question. Raymond wandered around the room with her computer, was conducting a meeting within the council meeting, not listening to the opinions of fellow council, rolling around on her couch, cradling her head in her hands and acting completely unprofessional. She should have been stopped. City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No.10 Page 3 of 6 Raymond's reference to North Korea as a valid data source shows a complete disconnect from informed decision making. How egregious would a council member's behavior have to be to get City Leadership to intervene? Meeting remotely does not lessen the responsibility to maintain the proper decorum of the dais. What would be done if during a regular meeting at City Hall if a council member brought an advisory group, lined up in back for private consultation? What would be done if a council member brought an advisory group and broke periodically to go to a separate room to consult in private? Raymond was distracting, disrespectful, violated multiple sections of the Code of Conduct. Her private meeting taking place during the Council Meeting with parties and subject unknown is a violation of the intent of Sunshine. Depending on who she was talking to, it could be an explicit violation. I request a review of Raymond's actions against Sec. 2.07 - Judge of qualifications and 2.09 Investigations defined in our Ordinances to determine if the information needs to be presented to the appropriate legislative body. I request an authorized member of City Management request an opinion on Sunshine Violations including inaudible conversations, from the Florida Attorney General pertaining to the Special Meeting and Council Woman Raymond's conduct. I request Council Woman Raymond spare the City and Citizens of Cape Canaveral further embarrassment by apologizing for her actions and resigning her position. Patrick Campbell Cape Canaveral 5/19/2020 at 4:39 PM • What: 4th Email (Requesting Receipt) • From: Patrick Campbell [patrickcampbell@cfl.rr.com] • To: Public Comment Email Address [publiccomments@cityofcapecanaveral.org] • Subject: Public Comment not related to a specific agenda item for the 5/19/2020 Council Meeting Please confirm receipt. 5/19/20 at 6:01 PM • What: Opening Statement of Proceedings by Mayor Hoog at the Regular City Council Meeting City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No.10 Page 4 of 6 The Mayor called the meeting to order and followed with the following statement as a part of his proceedings: "I would like to remind everyone participating at all public meetings of the city to conduct themselves professionally and to follow proper procedures and protocol. This includes myself as Mayor and share of the City Council. With Council Members and staff on camera and without the normal distractions of an open council chamber up close CMT virtual meetings create a much more intimate and personal experience for the public. We must all be mindful that negative body language contributed for decorum. We are all still learning how to operate the pressure of difficult decisions COVID-19 emergency has created. Going forward let's remember to be patient and professional while following proper decorum." Source: https://youtu.be/ufdFRcAaPnO?t=18 5/19/20 at approximately 6:11 PM • What: Public comment read by City Clerk from email above to public comment emailed and received at 5/19/20 1:12 PM for the Regular City Council Meeting. Below is the weblink below in your internet browser to listen to the City of Cape Canaveral YouTube published recording of the public comment submitted by Mr. Campbell and read by our City Clerk. Again, this is read verbatim from the email sent on 5/19/20 at 1:12 PM as stated above. Source: https://youtu.be/ufdFRcAaPnO?t=627 5/19/20 at approximately 6:15 PM • What: Mayor's Comments in response to the public comment on 5/19/20 at the Regular City Council Meeting. At approximately 14 minutes and 24 seconds the Mayor stated to the best of my transcribing the following: "Okay, I am not going to open any discussion on this. I just want to feed it back to management and to the attorney who I know have probably or at least going to get something setup on this but I do not want a discussion on this. I think what we read tonight before the meeting the appropriate decorum for the meeting would be sufficient to move on. I respect the opinion in the email from the public and do not have problem with that. I would like to go ahead and move on because we do have a large agenda." Source: https://youtu.be/ufdFRcAaPnO?t=851 5/23/20 at 10:58 PM .What: Email Sent (Public Records Request) City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No.10 Page 5 of 6 • From: Patrick Campbell [patrickcampbell@cfl.rr.com] • To: Mia Goforth (City Clerk/Custodian of Records) [m.goforth@cityofcapecanaveral.org] • Subject: Public record request I would like to see all public records that document any complaints, concerns from any source and any actions taken by city leadership related to the performance of Council Member Angel Raymond. 5/26/20 at 11:13 AM • What: Email Reply (Public Records Request Acknowledgement) • From: Patrick Campbell [patrickcampbell@cfl.rr.com] • To: Mia Goforth (City Clerk/Custodian of Records) [m.goforth@cityofcapecanaveral.org] • Cc: Melinda Huser [M.Huser@cityofcapecanaveral.org]; Todd Morley [T.Morley@cityofcapecanaveral.org]; Daniel LeFever [D.LeFever@cityofcapecanaveral.org]; Anthony Garganese [agarganese@orlandolaw.net] • Subject: RE: Public record request — Acknowledgement • Importance: High Mr. Campbell, The City has received your request " to see all public records that document any complaints, concerns from any source and any actions taken by city leadership related to the performance of Council Member Angel Raymond." As stated in your email below.Staff will provide a response to this request within the next 5 to 10business days. Taking into consideration the City is still under an Emergency Declaration this request for public records may take longer. Thank you, Mia Goforth City Clerk + Records Custodian + ADA Coordinator City of Cape Canaveral (321) 868-1220 x220 700 Polk Avenue - P.O. Box 326 Cape Canaveral, Florida 32920 DISCUSSION If the City Council needs to review the performance in question the City of Cape Canaveral recording of the 5/8/20 Public Special Council Meeting can be watched by following this link: https://youtu.be/fiez1sY7XwA I understand and respect why the Mayor did not want to discuss this concern at the time was read by our City Clerk at the Regular City Council Meeting on 5/19/20 as a public comment. He chose to address the potential issues at that time by feeding the information back to management and the City Attorney. City of Cape Canaveral City Council Meeting — June 16, 2020 Agenda Item No.10 Page 6 of 6 As the elected body to represent the citizens of Cape Canaveral we as a City Council have an obligation to review Council Member Raymond's actions against Sections 2.07 and Section 2.09 within the City of Cape Canaveral Ordinances below to determine if the information needs to be presented to the appropriate legislative body. Is it appropriate that the Council discuss Ms. Raymond's actions given that she is a sitting member of the Council or should the Council establish an investigation, prefer an independent investigation into the allegations? Sec. 2.07 - Judge of Qualifications The city council shall be the judge of the qualifications of its members, and of the grounds for forfeiture of their office. In order to exercise these powers, the city council shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. Sec. 2.09 Investigations The city council may make investigations into the affairs of the city and the conduct of any city department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the city council shall be a misdemeanor punishable by a fine of not more than $500.00, or by imprisonment for not more than 60 days or both. Submitting Council Member: Council Member Wes Morrison Date: 6/17/2020 Attachment: 1. City Council Member Raymond Commitment to Code of Conduct Nov 2017 City of Cape Canaveral Council Member Code of Conduct (City Code Sec.2-28. — Code of Conduct) In addition to adhering to the requirements of State Law, all Council Members shall commit to the following Code of Conduct by written affirmation, which shall remain on file with the City Clerk, as follows: I affirm that the proper Statutory and City Charter role of a Council Member, as with any elected member of a legislative body, is to act collectively, not individually, to set and/or revise and/or to apply the City's goveming policies and that the City Manager and Staff administer such policies. I understand that a Council Member does not manage the affairs of the City. I will not intrude into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and City Charter to the City Manager as the chief executive officer; or undermine the City Manager's lawful authority. Further, I understand that the City Manager is responsible for administering the policy direction established by a majority vote of the City Council and not the policy wishes of one individual Council Member. I will represent the interests of the entire City when making decisions and will rely upon available facts and my independent judgment. In my capacity as a Council Member, I will avoid conflicts of interest and avoid using my official position for personal, professional, or partisan gain. I will demonstrate dignity, respect, and courtesy toward those whom I am in contact with in my capacity as a Council Member. I will refrain from intimidation and ridicule of fellow Council Members, City Manager, City Attorney, Staff, citizens of the City, and City utility customers. In my capacity as a Council Member, I will refrain from inappropriate language including statements that are malicious, threatening, slanderous, disparaging, mean -spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected official and the honor of the City Council. I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct of City business and work cooperatively and conscientiously with others as I request or receive information, examine data or weigh alternatives in the decision -making process. I will demonstrate patience and refrain from demanding, interruptive access to Staff or immediate responses or services when requesting information that requires significant Staff time in research, preparation or analysis or that will result in Staff neglect of urgent duties. Such requests will be made through the City Manager for scheduling and prioritizing through consensus of the City Council. I will devote adequate time for preparation prior to City Council Meetings and as much as possible, I will be in attendance at such meetings and all other scheduled events where my participation is required. I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow City Council Members, City Manager, City Attorney, Staff, citizens of Cape Canaveral, and City utility customers. I will listen actively and objectively to others' concerns or constructive criticisms. I will refrain from any individual action that could compromise lawfully authorized decisions of the City or the integrity of the City and my fellow Council Members. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or in my capacity as a representative of the City. I will maintain in confidence any privileged or confidential information provided to me by the City and will not disclose such information publicly or to any person who has not been duly authorized by the City to receive such information, unless such disclosure is duly authorized by the City Council or City Manager or required by law. In addition, I will refrain from copying any written privileged or confidential documents provided to me by the City and will keep such documents in safekeeping. Further, upon leaving office or upon request by the City Council or City Manager, I will return to the City any privileged or confidential documents or materials provided to me by the City while serving on the City Council. I will abide by all laws of the State applicable to my conduct as a Council Member, including, but not limited to, the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and City Rules of Procedure and Codes of Conduct. I will promote constructive relations in a positive climate with all City employees, City Attorney, and City contractors and consultants consistent with my role as a Council Member, as a means to enhance the productivity and morale of the City. I will support the City Manager's decision to employ the most qualified persons for Staff positions. I will recognize the bona fide achievements of the City Manager, Staff, City Attomey, City contractors and consultants, business partners, and other sharing in, and striving to achieve, the City's mission. I will enhance my knowledge and ability to contribute value to the City as a Council Member by keeping abreast of issues and trends that could affect the City through reading, continuing education and training. I will study policies and issues affecting the City, and will attend training programs if required by the City. My continuing goal will be to improve my performance as a Council Member. I will value and assist my fellow Council Members by exchanging ideas, concerns, and knowledge through lawful means of communication. I will help build positive community support for the City's mission and the policies established by the City Council. I will support and advocate for my beliefs, but will remain open to understanding the views of others. I recognize that I share in the responsibility for all City decisions and will accept the will of duly authorized decisions of the City Council and City electorate. I understand that my first priority as a Council Member will always be to look out for the best interests of the citizens of the City and the public health, safety and welfare. I will seek to provide appropriate leadership that nurtures and motivates City citizens to be stakeholders in the affairs and achievements of the City. I will be accountable to the City Council for violations of this Code of Conduct. Signature Angela Raymond Date 11/21/17 ANGELA RAYMOND Print Name Witness Mia Goforth