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HomeMy WebLinkAboutPacket 11-04-2010 RegularM, i4alrox,01-agga WAWA OMMORM AgwellukiNJI mill W swim= City of Cape Canaveral k Avenue, Cape Canaveral, Florida Thursday N ovem be;r 4, 2010 5:30 PM FIDUEL1111, Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes., The City Council will not take any action under the "Audience to Be Heard"' section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 105 Polk Avenue -lost Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.cityofcapecanaveral.org - email. ccapecanaveral@cfl.rr.corn City of Cape Canaveral, Horida November 4, 2010 Page 2 of 3) mil, ginamoz, Approve Regular City Council Meeting Minutes of january 5, 2010 an] October 19, 2010. Apiprove Special City Council M -- -p be eeptber 23, 2010. 2. Approve Resolution No, 2010-28,; Supporting the Let's Move Cities & Towns Campaign 3. Approve non-resident court fees and revised rental rates for Manatee Park, due to state grant funding guidelines. The non-resident rates for court usage, were approved by the Recreation Board at its May 25, 2010 meeting. 4. Change Order #3: Approve Funds in the Amount of $59,215.05 to Brewer Paving and Development to Extend the Ridgewood Avenue Improvements Project Northward to Ocean Oaks Condominium and Approve Funds to Stattler Stagg & Associates (SSA) in the Amount of $1,699.00 to Prepare Engineering/Construction Drawings. 5, Ratify City Manager Performance Evaluation. ORDINANCES: Second Public Hearing: 7:35 p.m. — 7-50 p.m. & Motion to Adopt: Ordinance No. 15-2010, adopting the amendments to the Annual, General Fund, Sewer Enterprise Fund, Storm,water Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets for the Fiscal Year beginning October 1, 2009, and ending September 30, 2010; providing for an Effective Date. 7. Motion to Adopt: Ordinance No010, amendg Chapter 74, Traffic and Vehicles,, of the Cape Canaveral Code of Ordinances to expressly prohibit the stoppg, standing or parking of vehicles on any portion of a right-of-way, whether improved or unimproved, providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code, Severability; and an Effective Date. 8, Motion to Appirove: Ordinance No. 17-2010, amending Chapter 110, Zonini"I of the Cape Canaveral Code of Ordinances to add Assisted Living Fa6 El City of Cape Canaveral, Florida November 4, 2010 Pa -e 3 of3 ot.s a Special Exception Use in the R-3 Medium Density Residential District 2.nd the C-1 Low Density Commercial District subject to certain providing for parking requirements - requirements; updiating definitions, making conforming amendments to Chapter 110; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; Severability, and an Effective Datei. I I III i 1 11 1 1 1 1 IN 111 11 ,, 1 11 1 �Olffp-Tqrj� �Off*Tqm 110, Results of the Multi -Way Stop Sign Warrant Study prepared by Luke Transportation Engineering Consultants for the intersection at North Atlantic Avenue and Shorewood Drive. 11 Request by the Mayor to consider making tattoo studios a Special Exception Use and regulating them as to location. 12. Council. 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 wiH 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. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form ;$TIMM= i, : Subject: Resolution 2010-32, certifying the results of the General Election of November 2, 2010; providing for an effective date. Department: Administrative Summary: Article XXI, Section 9 of the City Charter, attached, outlines requirements for the City Council to certify the results of the election. When the Charter was written, the City had all responsibilities for conducting the election, to include an Election Board, which counted and reported the unofficial election results to the City Council. Since then, the function of conducting the election has been transferred to the Supervisor of Elections and the results are certified by the County Canvassing Board. Unofficial results are released on election night; provisional ballots are reviewed the next day and the official election results are typically certified by the County Canvassing Board the Friday after the election, barring the need for a machine recount. Since the County Canvassing Board's election results aren't official until the Friday following the election (November 5), strict compliance with the Charter provision isn't practical within the three-day time limit imposed by the Charter. In an effort to comply with the Charter provision, the City Attorney's Office has prepared Resolution 2010-32, which wi:ll be filled in during the Council meeting using the Canvassing Board's unofficial results. Should the official certified election results differ from those presented at this meeting, the Resolution will need to be modified andl staff will schedule the item for reconsideration at a future meeting. The City Manager recommends that City Council take the following actions: Approve Resolution 2010-32. Financial Impact: None Reviewed by City Treasurer: Andrea BowersDate,: I La�) 10 7Attachments: Article XXI, Section 9, of the City Charter; *an Resolution 2010-32 Submitting Department Head: Angela M. Apperson, A A- Date: 10/26/10 Approved by City Maniag Dr: David L. Greene Date: 16ti-7(to City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain A 'XrMrJ-Jr wn 'a ri r�r ��mirww trrw .marc t I VLE 3M. MEJLE . �..rvr�r S' * Cee. Q. Vyfing hew -5 andd The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the Clerk and the majority of the Election Board, one copy to be delivered to the Mayor and the other to the City Clerk, both of whom shall transmit such returns to the City Council at a meeting to be held not later than three days after such elec- tions. At such meeting, the City Council shall can- vass such returns, and in the absence of a decla- ration of a contest, by any of the candidates in such election, shall declare the result of the elec- tion as shown by the returns made by Clerk and the Election Board for said election. A tie between two or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Editor's note --The reference to hours in which the polls are open has been editorially deleted as superseded by state law. State law reference --Poll hours established, F.S. § 98.041. 4 RESOLUTION NO. 2010-32 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL ELECTION OF NOVEMBER 2, 2010; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article XXI, section 9 of the City of Cape Canaveral Charter requires that results of City elections be certified and transmitted to the City Council at a meeting no later than three (3) days following the general election; and WHEREAS, the Brevard County Canvassing Board serves as the canvassing board for City elections; and WHEREAS, the City Council desires to accept the County Canvassing Board's election results as set forth herein; and BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Certification of Election Results, The City Council accepts the certification of the election returns as submitted by the Brevard County Supervisor of Elections for the General Election of November 2, 2010. (A) Candidates for City Council. The City Council certifies as proper the following election returns for candidates for City Council (vote for two), the whole number of votes cast was , of which number: Candidate Richard Fischer John Johanson Jim Morgan Leo Nicholas Buzz Petsos David Schirtzinger Total Votes (B) Referendum Items. The City Council certifies as proper the following election returns for the Referendum Items: 1. For Charter Amendment 1 — New City Charter the whole number of votes cast was , of which number: City of Cape Canaveral Resolution 2010-32 Page 1 of 2 For Charter Amendment Received Votes Against Charter Amendment Received Votes 2. For Charter Amendment 2 — Mayor and Councilmember Term Limits the whole number of votes cast was , of which number: For Charter Amendment Received Votes Against Charter Amendment Received Votes SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of November, 2010. ATTEST: Angela M. Apperson, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name For Against Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh City of Cape Canaveral Resolution 2010-32 Page 2 of 2 City Council Agenda Formi: C�ity Council Meeting Date: 11/04/2010 Summary: On Thursday, September 23, 2010 Deputy Kent Guttebo responded to Canaveral Precinct in reference to a reported theft and forgery report. Upon his arrival he met with a white female who stated a subject, who was known to the victim, had stolen a check from her, forged her name on the back of the check and then deposited the money into his bank account. Deputy Guttebo gathered all the pertinent information from the victim for his report, to include several witnesses to the incident. Instead of simply writing the report and referring it to an agent, Deputy Guttebo took it upon himself to further investigate the case. Deputy Guttebo contacted and interviewed' the several witnesses to this case and: even responded to the bank on Merritt Island, where the transaction had occurred', and interviewed the service manager. Armed with the information he had gathered, Deputy Guittebo eventually contacted and interviewed the suspect in the case, who then confessed to signing the victim's name on the check. As a result of his investigation, Deputy Guttebo was able to arrest the suspect. Deputy Guttebo showed great initiative in this case, investigating it fully from the start with the initial case report, which eventually culminated in the arrest of the suspect. He gathered the necessary affidavits, documents and subpoenaed the bank for photos, of the suspect conducting the transactions. Deputy Guttebo was not content to merely gather the necessary information, and forward the case to an agent, as many deputies would do. Instead he showed initiative to further investigate the case and used the opportunity to learn. Deputy Guttebo demonstrates commitment and: dedication to the Sheriff's Office and the Citizens of the City of Cape Canaveral. Reviewed by City Treasurer: Andrea Bowers Date: /19 Attachments: None I I 1•11111111 Approved by City Manager: Date:/,6)/46/,0 City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue TUESDAY January 5, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at .7:18 P.M. ROLL CALL: Council Members Present: Council Member Bob Hoag Mayor Pro Tem Buzz Petsos Mayor Rocky Ran dels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Attorney Anthony Garganese Recreation Director Robert Lefever Public Works Director Walter Bandish Building Official Todd Morley Sheriffs Department Commander Alan Moros Sheriffs Department Sergeant Joanna Seigel City Clerk Angela Apperson Mayor Randels noted the new location for the meeting. PRESENTATIONS: 2009 Beautification Holiday Award Winners: Beautification Board Chair Bradley "BJ" Varuska announced the winners and presented them with the awards. • Single Family — Earl, Crystal and Hunter Hoffman, 7805 Poinsettia Avenue. • Multi -Family— Jefferson Arms Condominiums, Donald L. Ryan Jr., President. • Commercial — United Space Alliance, represented by Erik McClellan. Friday Night Fest: Recreation Director Robert Lefever described and detailed the activities of the proposed Friday Fest, his work to find sponsors for each event, the City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 2 of 6 individuals he has been working with to plan the event, and presented Laird Gann and Dave Viner to answer any Council questions. Discussion ensued and included the history of Melbourne's Friday Fests, the areas that would be used for the event, the types of vendors, how the event would visually appear, a request for Council to bless this project, lighting requirements, parking concerns, power for the vendors, suggestions that the event could be a "good will" and a "win/win" for the City, the success of Movie in the Park, how to organize and manage such an event, acquiring partners and sponsors resulting in minimal costs for the City, band costs, Waste Pro's sponsoring and responsibilities, staff requirements, volunteers, involvement of the Sheriff's Office, no staff overtime, how the idea for the event came about, the reasons for the proposed location rather than other locations, how the event could grow over time, and how the marketing presence of this event could be of value to local businesses. Council reached consensus to support and move forward with this proposed event. REPORTS; City Manager: Bennett Boucher was ill and could not attend the meeting. Building Official: Todd Morley stated that the City Manager authorized revisions and conceptual changes to Chapter 10 of the Outdoor Entertainment City Code to allow for upcoming events, and will have proposed revisions and changes ready to be presented by the end of January. Recreation Department: Director Lefever noted the upcoming January 22nd "Jazz Under the Stars" Concert in the Park, encouraging attendance. Sheriff's Department:. Commander Moros offered the possible use of inmate labor for cleanup of any street party the City may hold. Sergeant Seigel spoke of the work done with the Angel Trees, the children that were helped, meals that were provided to families, bikes and helmets that were given to children for Christmas, and a "thank you" card that will be posted in the library from all the families. Commander Moros then noted the assistance of the Fire Department with this project, the Police Athletic League money being deposited in preparation for renovations and new equipment, and an update on remodeling the Annex. Business & Cultural Development Board Report: Board Chair Joanne Muncey discussed two new businesses in the City, a gym and a "Curves" fitness center. Board Member Dianne Marcum and Shellie Williams of the Brevard Cultural Alliance (BCA) preser)ted information on the "Art of Sand" event that could be brought to Cape Canaveral and the exposure it could provide for the City. Ms. Williams discussed the international scope of the competition, the visibility of the event, eight acres adjacent to the Radisson at the Port being the location chosen, the two-week timeline, the need for the City Code and Ordinances to be modified to allow for a multiple -day event and fencing for security reasons, a request for Council to "bless" the planning of this event, how sponsorship and signage can be handled, promotional ideas including "sand City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 3 of 6 dollars" that could be used at restaurants and Space Coast Area Transit, the sand coming from Winter Haven, the durability, quantity, and transportation of the sand, plans for the sand to be bought by a development company for house foundation purposes after the event, the green -friendly nature of the event, a request for the City to sponsor the event by covering the $14,000 cost for security, and any profits from the event being used by the BCA to invest in cultural education in the county. Discussion ensued and included an enabling Ordinance being required, Maggie Megee discussing the success of a similar event in Virginia Beach and how this event could help the City, and the scope of assistance the Sheriff's Office has offered to provide. Council reached consensus to move forward with the proposed event. AUDIENCE TO BE HEARD: Alan Beal, Spaceport Amoco, 8000 Astronaut Blvd, discussed his idea of having a "Welcome to the City of Cape Canaveral" sign at the intersection on his property, the sign being two-sided, one side being the Welcome sign, the other side being a space to advertise his business, with the sign to be flipped to the "Welcome" side outside of business hours, and a request for permission' to use the City Seal. Discussion ensued and included the legal usage of a City Seal, a Council -approved Resolution being required to allow use of the City Seal, the "Welcome" side being upside-down when flipped, and ways to visibly block the "Welcome" side when it is flipped. A motion was made by Mr. Petsos and seconded by Ms. Roberts to draw up a Resolution for future consideration to authorize use of the City Seal. Discussion continued and included that the Council can take no official action in the "Audience to be heard" section of a meeting and the motion as it stands not being an official action. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Gregory Tangalos, 804 W. Central Blvd, discussed Banana River Park, including his approval of the kayak access, the normally good shape of the soccer field, the unfortunate occasions when the field is torn up from individuals driving through it, and urging for more patrols and possibly installing a fence to protect the field. Recreation Director Lefever stated that work is already progressing to address this issue and that construction of a fence is being planned. CONSENT AGENDA: Approve City Council Regular Meeting Minutes of December 15, 2009. 2. Approval of the 2009 Contract Negotiations with the International Union of Operating Engineers Local 673 (AFL-CIO). 3. Approve the sun -setting of the Business & Cultural Development Board's Fact - Finding Committee. City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 4 of 6 Discussion regarding consent agenda item number one ensued and included how the minutes are summarized, how much detail to include, and the storage limitations for audio recordings of meetings. A motion was made by Mr. Hoog, seconded by Mr. Petsos, to approve the Consent Agenda as written, with the changes to the December 15, 2009 minutes that were accepted by the City Clerk. The motion carried 4-1 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, Against; and Ms. Walsh, For. ORDINANCES: Second Public Hearings: 4. Motion to Adopt: Ordinance No. 12-2009, Amending Chapter. 102, Vegetation, of the City Code related to land clearing; amending definitions and penalties; providing for additional exceptions from permitting; repealing regulations applicable to small scale residential developments; providing specimen tree removal criteria; amending minimum tree requirements; amending certain tree replacement requirements;"making conforming amendmentsproviding for the repeal of Prior inconsistent ordinances and resolutions; severability; and an effective date: The City,Atto,rney readthe title of the Ordinance into the record. Building Official Morley discussed comments he had received from residents and Code Enforcement regarding the proposed Ordinance and recommended changing page nine to read "any hardwood,.remediation Discussion ensued and included accidental tree removals, the scope of what this Ordinance would be changing, not addressing all concerns, work needing ,to ,continue toaddress additional issues, changing the year on the signature page to "2010", the number. staying the same despite the passage of time into the new year,the role of the City Arborist, grammar modifications, how tree removal permits are processed, sizes and types of trees used for mitigation, and trees too close to a. structure in some cases` being exempted from being mitigated. A motion was made by.Mr., Hoog, seconded by.:Ms. Walsh, to approve Ordinance 12- 2009 at second reading, changing'the.wording on page nine from "of the required remediation" to "any hardwood remediation", changing the date on the signature page to 2010, fixing a_ typo in section 102-45(b) with the word "one", and amending the table and sections`102-45(a)4(b) to reflect that palm trees shall have at least "six feet" of clear. trunk. The motion'carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Prd Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. 5. Motion to Adopt: Ordinance No. 14-2009 Amending Section 74-57 to impose a surcharge on all parking fines incurred in the City for the sole purpose of funding School Crossing Guard Programs, Establishing; the "Cape Canaveral School Crossing Guard Fund" providing that proceeds may be reserved for start-up and ongoing administrative costs rovidin q for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date: The City Attorney read the title of the Ordinance into the record. A motion was made by Mr. Petsos, seconded by Ms. Walsh, to approve Ordinance 14-2009 at second reading. Discussion ensued and included the printing of the tickets, funding of administrative costs related to the tickets, the history and quantity of revenue as it relates to these types of fines, and enforcement City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 5 of 6 of parking on private -property. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. ORDINANCE: First Public Hearing: 6. Motion to Approve: Ordinance No. 01-2010 Amending Section 22-39 Proceedings of the Board, to change the Community Appearance Board Meeting Days; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code; severability; and an effective date: The City. Attorney read the title of the Ordinance into the record and Mayor Randels noted the reasoning. A motion was made by Mr. Petsos and seconded by Mr. Hoog to approve Ordinance 01-2010 at first reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. DISCUSSION: 7. City Manager Evaluation Action Items: Discussion ensued and included Mr. Boucher being absent due to illness, the possibility of holding a Workshop to discuss this item with Mr. Boucher present, and the already delayed status of the evaluation. Mayor Randels read a prepared statement advocating . the termination of the City Manager's contract. A motion was made by Mr;- Randels, seconded by Mr. Hoog, for the City to terminate its, employment agreement. with City Manager Bennett Boucher, effective immediately, providing severance pay of four months and other benefits as stipulated in his employment agreement. Discussion continued and included reasons. for supporting the termination, the possibility of letting Mr. Boucher reapply for the position of City Manager as a show of respect to move forward positively, and a need for.new ideas in the City Manager position. A motion was made. by Ms., Roberts and seconded by Ms. Walsh to extend the meeting 15 minutes. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro ' Tem Petsos, For; \Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion continued and included the stipulations of the employment agreement, the content and process of the City Manager evaluation, making this decision in Mr. Boucher's absence, and the plan after termination being to appoint an Acting City Manager while the City goes out for bids for a new City Manager. The motion for termination carried 3-2 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Against; Mayor Randels, For; Ms. Roberts, Against; and Ms. Walsh, For. A motion was made by Mr. Randels, seconded by Mr. Hoog, for City Clerk Angela Apperson to be immediately appointed as the Acting City Manager, to serve in that position until a new City Manager is appointed. Discussion continued and included the process of acquiring a new City Manager, the City Attorney advocating retaining a professional firm to conduct a nationwide job search, the prior process that City of Cape Canaveral, Florida City Council Regular Meeting January 5, 2010 Page 6 of 6 was utilized to find a new City Clerk, and the possibility of finding a retired City Manager to act as an interim City Manager for a short period of time. A motion was made by Mr. Petsos and seconded by Ms. Roberts to extend the meeting 15 minutes. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Discussion continued and included that if Ms. Apperson is appointed as the Acting City Manager, she would then have to immediately turn around and appoint the Deputy City Clerk as the interim/Acting City Clerk, the Council asking Ms. Apperson if she would accept the position as Acting City Manager, and staff size and experience concerns. Council reached consensus to hold a Special Meeting on. January 12, 2010 at 5:30pm to plan the process of acquiring a new City Manager. The motion for appointment carried 5-0 with voting as follows: Mr. Hoog, For; ,Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and Ms. Walsh, For. Mayor Randels indicated that he would handle the notification of Mr. Boucher. 8. Appointment to Charter Review Committee by Council Member Hoog: Mr. Hoog nominated Ron Friedman from the Planning & Zoning,Board to replace the late Tom Garboski. Discussion ensued regarding a Resolution to appoint Mr. Friedman. The City Attorney read suggested Resolution language into the record, appointing Mr. Friedman to the Charter Review Committee, effective immediately. A motion was made by Mr. Hoog, seconded by Mr. Petsos, to appoint Ron Friedman to the Charter Review Committee, adopting the Resolution as stated by the City Attorney. The motion carried 5-0 with voting as follows: Mr. 'Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For; and.Ms. Walsh, For. 9. Reschedule _Space Coast League of Cities Meeting for April 2010: Discussion ensued and included possible dates and times that are available, past discussion of holding the meeting at Manatee Park on April 12, 2010, preparations for an event at Manatee Park, predicted attendance of 92-96 people, seating capacity of restaurants that could host the event, and room reservations at the Radisson. Council reached consensus for staff to investigate the issue, including exit/entrance concerns. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:31 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk CITY COUNCIL REGULAR MEETING LIBRARY MEETING ROOM 201 POLK AVENUE, CAPE CANAVERAL, FLORIDA TUESDAY October 19, 2010 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:02 P.M. ROLL CALL - Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese Parks and Recreation Director Robert Lefever Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd 'Morley Planning and Development Director Barry Brown Assistant Fire Chief John Cunningham Brevard County Sheriff Commander. Alan Moros City Clerk.. Angela Apperson PROCLAMATION: Proclamation designating the week of October 17 - 23. 2010 as Florida Citv Government Week: Mayor Randels read the Proclamation into the record and explained the activities of the Cape View Elementary Students. Council Member Roberts thanked the City Employees for the services they provide and urged for reinstitution of the Mock Council meetings. Mayor Randels explained the activities are chosen by the students. Proclamation designating the week of October 30 — November 6, 2010 as Week of the Family in Brevard: Mayor Randels read the proclamation into the record and noted the proclamation will be forwarded to the requestor. City of Cape Canaveral, Florida City Council Regular Meeting October 99, 2090 Page 2 of 7 PRESENTATION: Port Canaveral Marketing and Communily Outreach — Senior Director of Communications and Community Affairs Rosalind Harvey: Ms. Roberts introduced Ms. Harvey and read a statement about her which was written by Port CEO Mr. Payne. Ms. Harvey explained the Port's community relations initiatives, which have included: Reverse Trade Shows; Web - Based Curriculum for students and teacher training to use the curriculum; class room and field experiences for students; The State of the Port briefing; the work to develop the Cove Marketplace; the "Sail-a-Bration" events; the Pink Ribbon Walk; Simpson Park Festival; Seminars for the community; publications, some of which are in print and others are electronic and include Transporter Canaveral; the Port Beacon; and the Community RePort; Social Media such as Facebook and Twitter; revisions to their website to offer the content in Spanish; and Webcasting the Port meetings. PRESENTATION AND CONSIDERATION: Docs Park -- Robert LeFever: Mr. Lefever reviewed his presentation. The consideration of the request for conceptual approval included: whether the construction materials would be "Green"; whether there would be an opportunity for a demonstration project for the animal waste; the maintenance cost of the facility; whether Waste Pro has been consulted about the collection of waste at the facility, that the Park is called "Manatee Sanctuary Park" and residents of the Bayside community a`re plagued by the sounds from the park echoes off their buildings and; this may not be the best location for the dog park whether or not this is the number one thing the residents wanted in the Envision Cape Canaveral Report; that the Paint and Plant Program is also important; that pet owners who go to Lori Wilson Park are very responsible and clean up after their pets; a commitment from Cape Canaveral.. Construction for no cost assistance with the construction; a statement prepared by Mr: Dave Schirtzinger explaining his reasons for supporting the dog park and the commitments of the "Friends of Laika Dog Park" as well as a letter he received from the Resident's Inn, Marriott in support of the dog park; the desire of Council for. more information, to include the hours of operation and the need for a workshop with notice to neighbors; the use of money from the 2010111 Budget rather than reserves; a suggestion for the City to provide a different location and for others, to raise the money for implementation of the park; the high costs of engineering tasks and clarification of costs of implementation; the need to have any money from the "Friends of Laika" escrowed or bonded before any construction and the need to study whether Banana River Park should be used for the Dog Park. A consensus was reached to support a Dog Park Concept, and have the Parks and Recreation Director provide more information before moving forward any further. REPORTS: Business & Cultural Develo went Board: Ms. Apperson provided an update on the Local Focus Program, which focused on Marketing your Business through Social Media, and asked for ideas for the next quarter's program. City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 3of7 City Attorney: Mr. Garganese noted the City is still waiting for two Harbor Heights easements. Discussion ensued and included the need to meet any of the property owner's demands and obtain these easements to get this project underway; why it has taken so long to obtain these easements and the need to get this stormwater project underway. AUDIENCE TO BE HEARD: Jim Burton, VFW Commander, presented the City with a donation of 20 United States Flags to be flown along A1A. Mayor Randels expressed the City's appreciation of the VFW and their donation. CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No requests were received. 1. Approve Regular City Council _Meeting Minutes of October 6, 2009, November 17, 2009, December 1, 2009 and October 5, 2010 2. Approve a Special Alcohol Exemption Permit for Karen Faulkenberry for a Family Reunion at Manatee Sanctuary Park on November 13 2010. 3. Approve Resolution No. 2010-21 Florida Authorizing the Inclusion of The CitV of Cape Canaveral in the 2010 U date of The Brevard Prepares Local Mitigation Strategy Plan; Providing For An Effective Date. 4. Approve Resolution No. 2010-29; Reappointing a Regular Board Member to the Beautification Board, Bradley J.P. Varuska "BY. 5. Approve Resolution No. 2010-30; Appointing an Alternate Board Member to the Library Board, Dr. Tim Grady. 6. Approve Local Agency Program (LAP) Supplemental Agreement No. 1 for Additional Funds in the Amount_ of $249,174.00 for the Ridgewood Avenue Improvements Proiect. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve all six of the Consent Agenda Items. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 4 of 7 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No.08-2010, Adopting Amendments to the Cape Canaveral Comprehensive Plan Based on the Evaluation and Appraisal Report ("EAR"); Providing for the Repeal of Inconsistent Ordinances and Resolutions, Incorporation in the Comprehensive Plan; Legal Status of the Comprehensive Plan Amendments; Severability, and an Effective Date: Attorney Garganese read the title of the Ordinance into the record. He explained the items required by State Law related to the review of the Comprehensive Plan, the need for an Evaluation and Appraisal Report and the receipt of the Objections, Recommendations and Comments report from the Department of Community Affairs (DCA) on October 4, 2010. He noted anyone interested in being notified of further comments from the State is welcome to provide their contact information and the comments will be forwarded, to them. Mr. Brown reviewed the handout, which summarized the Objections, DCA's Recommendations, the City's Responses and the Changes being made to the plan. Mr. Brown answered questions. Consensus was reached to change the narrative for Objection # 1 to reflect 2020 rather than 2010; and to change PW3.1 to reflect at a minimum every five years. A motion was made by Mr. Petsos, seconded by Ms. Walsh, for approval of Ordinance 8-2010. The public hearing was opened. No comments were received and the public hearing was closed. A'brief discussion included when the Ordinance would be finalized, the review time of DCA is 30 to 60 days; what happens if DCA does not find the City in compliance and whether we are still prohibited from making any other Comprehensive Plan Amendments. The motion carried 5-0 with voting as follows: Mr. Hoag, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 8. Motion to Adopt: Ordinance No. 122010, Amending Chapter 6, Alcoholic Beverages, of the Code of Ordinances; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date: Attorney Garganese read the title of the Ordinance into the record and reviewed the proposed changes. Mayor Randels opened the public hearing no comments were received and the public hearing was closed. A motion was made by Ms. Walsh, seconded by Ms. Roberts, to adopt the Ordinance. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 9. Motion to Adopt: Ordinance No. 13-2010 Amending Chapter 10 Amusements and Entertainments of the Code of Ordinances,• Regulating Outdoor Entertainment Events; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation_ into the Code; Severability; and an Effective Date: Attorney Garganese read the title of the Ordinance into the record and reviewed the proposed changes. A motion was made by Mr. Hoog, seconded by Ms. Walsh, to approve the Ordinance. The public hearing was opened. No comments were received and the public hearing was closed. The motion carried 5-0 with voting as follows: Mr. Hoog, City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 5 of 7 For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. RESOLUTIONS: 10. Motion to Approve: Resolution No. 2010-22, revising City Code Appendix B fees for Outdoor Entertainment Event Permits Per City Code Chapter 10 Article III: Attorney Garganese read the title of the Resolution into the record and explained the modifications since the last meeting. Ms. Roberts asked if this takes care of any duplication of fees. Mr. Greene responded in the affirmative. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve the Resolution. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 11. Approve the second amendment to the Binding Development Agreement and Motion to Approve: Resolution No. 2010-31providing for the division of a tract of land owned by Martin Marietta Materials. Inc.. Generally located on Challenaer Road in Cade Canaveral. Florida repeal of prior inconsistent Resolutions; Severabili ; and an Effective Date: Attorney Garganese read the title of the Resolution into the record and explained the two portions of this request. Mr. Donny May responded to questions asked. A motion was made by Ms. Roberts, seconded by Mr. Hoog,'that we approve this as written. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: First Public Hearing: 12. Motion to Approve: Ordinance No. 15-2010 adopting the amendments to the Annual General Fund Sewer Enterprise Fund Stormwater Utility Fund Special Revenue Funds, and Expendable Trust Funds Budgets for the Fiscal Year beginning_ October 1, 2009, and ending September 30, 2010; providina for an Effective Date: Attorney Garganese read the title of the Ordinance into the record. City Treasurer Bowers. indicated there were few adjustments in the fourth quarter. The Ordinance incorporates all items previously approved by the City Council and formally amends the budget. City Manager Greene indicated over all, the City finished the year in good shape. A motion was made by Ms. Roberts, seconded by Mr. Petsos, to approve Ordinance No. 15-2010. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. 13. Motion to A rove: Ordinance No. 16-1010 amending Chapter 74 Traffic and Vehicles of the Cape Canaveral Code of Ordinances to expressly rohibit the stopping., standing or parking of vehicle on any portion of a right-of-way, whether improved or unimproved, providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; Severability; and an Effective Date: Attorney Garganese City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 6of7 read the title of the Ordinance into the record and reviewed the Ordinance and the non -conforming areas which are being exempted. Discussion ensued and included the need for public education; patience during the implementation of the Ordinance; the need to provide assistance to the Cape Canaveral Precinct to determine where the right-of-way is located in all parts of the City; the need for Staff to work out the details of implementation, should the Ordinance be adopted; that the majority of the problems would be along Ridgewood Avenue; individuals walking in the roadway rather than using the pedestrian facilities; the State Law requirement for vehicles to be 3 ft from the bicycle they are passing; if there is a law that requires people to use the bike path if there is one present; the narrow streets acting as traffic calming features; and the use of the word "standing". The public hearing was opened. Mr. Leo INicholas expressed his feelings the Ordinance prohibits buses from stopping in the right-of-way. Attorney Garganese explained the Ordinance has an exception which allows for stopping to comply with the law, directions of a Police Officer or official traffic device. He explained official traffic device includes a stop sign; a stop light, as well as a designated bus stop. The public hearing was closed. A motion was made by Mr. Randels, seconded by Mr. Petsos, for approval of Ordinance 16-2010. The discussion of the Ordinance continued and included whether signage would be installed, the implementation strategy; once the Ridgewood Project is completed most people would use the pedestrian facility if it was not blocked by vehicles; what owners on the presidential streets would do since there isn't room to park on the property; whether parking in the street was allowed; The signage in Harbor Heights indicates there is not to be parking in the street; and how service oriented parking issues would be handled. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 14. Discussion of_City _ Code Section 110-486 -- Resort Dwellings, Resort Condominiums; Noi -Conforming Use Status, and Expiration: Building Official Morley reviewed the history of the item and noted the Certificates of Non -Conforming Status issued to date. Discussion ensued and included the correspondence received from Andrea Marine requesting the application period be re -opened; the memo from the City Attorney's Office expressing concern over re -opening the application period; as it may invalidate the. findings of the implementation Ordinance; the work the Business and Cultural Development Board is doing to bring full time residents to the City; that it is lawful to rent your property for 30 days or greater, as well as to rent your property as a Resort Rental for up to three times in one calendar year without having to obtain a license from the City or the State; the number of certificates which have expired and that some applicants never received a Certificate of Non -Conforming Status because they didn't complete all required items; the long standing law which prohibits renting for less than 7 days; the 2007 Ordinance to regulate these activities, which gave a submittal period to be officially recognized to be a resort rental; the requirements that must be met to continue to have a license; an internet search which produced 54 advertisements for resort rentals within the City, and most of them do not list the City of Cape Canaveral, Florida City Council Regular Meeting October 19, 2010 Page 7 of 7 address, which makes enforcement very difficult; whether the City reports individuals suspecting of violating the State Law to the Department of Business and Professional Regulation, so they can also investigate; that the State will issue a resort rental license without regard to a local ordinance; and that some view a short term rental property as being maintained better than a long term rental property. A motion was made by Mr. Hoog, seconded by Ms. Roberts, to extend the meeting 15 minutes. The motion carried 5-0 with voting. as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. The discussion continued and included: a request from Mr. Hoog for data from the Canaveral Precinct as to any disturbance calls for any property operating a resort rental legally; a requirement in many condominium declarations that rentals, must be for 30 days or longer; quality of life issues for the long term residents needs.to be considered for those who live next to any transient rentals; changing the residential character of the City; and that reputable property owners who have resort rentals do not have problems. No action was taken, nor any consensus reached. 15. Discussion of City Code Chapter 54 Article I Parks and Recreation to enable Beach Vending Franchises: Mayor Randels reviewed the actions that lead to this item. Discussion ensued and included: the support of most Council Members for the current activities, which are very limited; a suggestion by City Manager Greene to revise the Ordinance to limit beach vending to the food/beverage category, with two potential franchises and all details would get worked out as a part of the bidding process and the granting of the franchise; the need for a workshop and additional public input; prior input from the residents indicating they are not in favor of this activity, as well as the convenience store owners who are also opposed to this activity. Consensus was reached for Staff to amend the Ordinance to allow beach vending in the food/beverage category only with two franchises for mobile vending and return it to the Council for further discussion. REPORTS: 16. Council: Due to the lateness of the hour, no reports were given. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:18 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY 201 Polk Avenue, Cape Canaveral, Florida Thursday September 23, 2010 5:30 P.M. MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. Irrl■raa■0 Council Members Present: Council Member Mayor Council Member Council Member Council Members Absent: Mayor Pro Tem Others Present: City Manager City Treasurer . Parks and Recreation Director Assistant Public Works Director Cape Canaveral Volunteer Fire. Dept City Clerk SECOND PUBLIC HEARING: RESOLUTION. Bob Hoog, Rocky Randels Shannon Roberts Betty,Walsh Buzz Petsos Assistant Chief David L. Greene Andrea Bowers Robert Lefever Jeff Ratliff John Cunningham Angela Apperson 1. Motion to Adopt: Resolution No. 2010-25; adopting a Final Millage Rate for the Leyy of Ad Valorem Taxes for Fiscal Year 2010/2011 on all taxable Property located within the City of Cape Canaveral, Brevard County, Florida, providing for an effective date: Mayor Randels read the title of the resolution into the record. City Clerk Apperson read a statement submitted by Mayor Pro Tem Petsos into the record. The proposed Ad Valorem Taxes were discussed at length. City Manager Greene and City Treasurer Bowers answered questions. The public hearing was opened. Al Vicidomini, Mary Nail and Lee Vicidomini opposed the tax increase. The public hearing was closed. A motion was made by Ms. Roberts, seconded by Mr. Hoog, to approve Resolution No. 2010-25. City of Cape Canaveral, Florida City Council Special Meeting September 23, 2010 Page 2 The motion carried 4-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: 2. Motion to Adopt: Ordinance No. 11-2010; Adopting the Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise _ Fund, Special Revenue Funds, And Expendable Trust Funds Budgets For The Fiscal Year Beginning October 1 2010 And Ending September 30 2011; Providing For An Effective Date at Second Reading: Mayor Randels read the title of the Ordinance into the record. A motion was made by Ms. Walsh, seconded by Ms. Roberts, to accept Ordinance No. 11-2010. The public hearing was opened. Leo Nicholas asked questions related to the total expenditures for Public Safety and the contract for Police Services in the Avon by the Sea to be provided by the Cape Canaveral Precinct. The public hearing was closed. The motion carried 4- 0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. Ms. Roberts left the meeting. RESOLUTIONS: 3. Motion to Adopt: Resolution No. -2010-1 9Authorizing an Addendum to the Contract for Fire Protection and Emergency Medical Services Between The City Of Providing For An Effective Date: Mayor Randels read the title of the Resolution into the record. A motion was made by Mr. Hoog seconded by Ms. Walsh, to approve Resolution 2010-19. The motion carried 3-0. with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos; Absent; Mayor Randels, For; Ms. Roberts, Absent and Ms. Walsh, For. 4. Motion to Adopt: Resolution No. 2010-20; Authorizing an Addendum to the Contract. for Municipal Law Enforcement Services between The City Of Cape Canaveral Florida and.J.R. "Jack" Parker. as Sheriff Of Brevard County; Providing For An Effective Date: Mayor Randels read the title of the Resolution into the record. A motion was made by Mr. Randels, seconded by Mr. Hoog, to approve Resolution 2010-20. The motion carried 3.4 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, Absent; Mayor Randels, For; Ms. Roberts, Absent and Ms. Walsh, For. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:39 P.M. Angela M. Apperson, CMC, City Clerk Rocky Randels, MAYOR City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/0412010 Item No. Z Subject: Approve Resolution No. 2010-28, Supporting the Let's Move Cities & Towns Campaign The First Lady is calling on mayors and elected officials across the country to join her Let's Move! Campaign. Let's Move Cities and Towns engages mayors and other municipal leaders in the Campaign to solve the problem of childhood obesity within a generation. Let's Move Cities and Towns emphasizes the unique ability of communities to solve the challenge locally, and the critical leadership mayors and elected officials can provide to bring communities together and spur action. Let's Move! for cities and towns is designed to encourage mayors and elected officials to adopt a long-term, sustainable, and holistic approach to fight childhood obesity. This initiative recognizes that every city is different, and every town will require a distinct approach to the issue. Once an elected official signs up as a prospective Let's Move City or a Let's Move Town, he or she will have the option of choosing at least one significant action to take over the following twelve months in each of the four pillar areas. 1. Help Parents Make Healthy Family Choices 2. Create Healthy Schools 3. Provide Access to Healthy and Affordable Food 4. Promote Physical Activity Department: Parks & Recreation Summary: The Recreation Department is implementing the Campaign, focusing on helping parents make healthy family choices and promoting physical activities. Staff is jump starting the Campaign at the Healthy Kids Fair on Saturday, November 20th at Manatee Park. Requested Council Action: Approve Resolution No. 2010-28 Financial Impact: All material costs for activities were planned and budgeted prior to the "Let's Move" Campaign, but aligned well with the local chall inimal additional funding will be required for the nutritional demonstrations. Reviewed b Cit Treasurer: Andrea Bowers Date: 10/18/10 Attachments: Proposed Activities and Events; Resolution No. 2010-28 Submitting Department Head: Robert Lefever Date: 10/13/10 Approved by City Manager: David L. Greene Date: to J/% I0 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain HEALTHY KIDS FAIR This family fun day will be filled with activities that promote a healthy lifestyle for kids. Activities will include fitness demonstrations, fitness challenges, along with health & wellness screenings. FREE Safety Awareness Fitness challenges Nutrition Tips & Samples IS F� lep i� LET'S MiVE r.� WHEN SATURDAY NOVEMBER 20, 2010 TIME 2:00 PM — 5:00 PM WHERE MANATEE SANCTUARY PARK 701 THURM BOULEVARD CAPE CANAVERAL Btt� Bus! W: Be A Hero! FREE Face Painting Special Appearances by Community Heroes 'These materials are neither sponsored by nor endorsed by the Board, its agents, or its employees. The views and the information contained in the materials are not an expression of the opinion, belief, or policy of the Board, the District, andlor the administration." DJ Music .suswar Staff will continue to implement this campaign throughout the year with the following events and activities: • November 20, 2011 — Healthy Kids Fair Fitness Challenges, Diet and Nutrition Tips, Health and Wellness Screenings, Exercise Programs, Healthy Refreshments and much more. • December 3, 2010 —Friday Fest Family Street Party Fight against Obesity Information Booth. Health and fitness professional will be at the booth. • December 11, 2010 —Reindeer 5K Run Healthy Kids Fun Run • January 7, 2011 — Friday Fest Family Street Party Let's Move Campaign Information Booth. Health and nutrition expert will be at the booth. • February 4, 2011 —Friday Fest Family Street Party Continuing Education Information Booth. Adviser from Brevard Community College will be at the booth. • March 4, 2010 —Friday Fest Family Street Party Health and Wellness Information Booth. Strater Family Chiropractic will be at the booth performing basic screenings. • March 12, 2011 — Spring Festival Vendor Expo Obstacle course challenges and rock climbing wall to promote physical fitness. Fresh produce stand to promote healthy eating. • April 1, 2011 — Friday Fest Family Street Party Fight against Obesity Information Booth. Health and fitness professional will be at the booth. • May 6, 2011 — Friday Fest Family Street Party Let's Move Campaign Information Booth. Health and nutrition expert will be at the booth. • June 3, 2011 — Friday Fest Family Street Party Continuing Education Information Booth. Adviser from Brevard Community College will be at the booth. a July 1, 2010 —Friday Fest Family Street Party Health and Wellness Information Booth. Strater Family Chiropractic will be at the booth performing basic screenings. • August 6, 2011 —Back to School Jamboree Bicycle Rodeo providing free bike helmets to all kids and bicycle safety tips. Safety awareness tips from the Police, Fire, and Ocean Rescue. Free backpacks filled with school supplies. • September 2, 2011 — Friday Fest Family Street Party Fight against Obesity Information Booth. Health and fitness professional will be at the booth. • October 8, 2011 — Fall Festival Chili Cook Off Obstacle course challenges and rock climbing wall to promote physical fitness. Healthy low calorie vegetarian chili provided by the Recreation Department. RESOLUTION NO. 2010-28 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; SUPPORTING POLICIES THAT FOCUS ON HEALTH AND WELLNESS, CONTINUING EDUCATION, AND HEALTHIER LIFESTYLES IN ALL COMMUNITIES; PROVING FOR AN EFFECTIVE DATE WHEREAS, the City of Cape Canaveral supports policies that focus on health and wellness, continuing education, and healthier Iifestyles in all communities; and WHEREAS, many cities, counties, and schools have adopted policies, programs, and ordinances that promote healthy lifestyles by making their communities walkable, promoting youth and senior activities, eliminating the sale of junk food in city, county, or school facilities, providing incentives for stores that sell fresh produce to locate in depressed neighborhoods, and providing exercise opportunities for their residents; and WHEREAS, city officials believe there are important, long-term community benefits to be gained by encouraging healthy lifestyles, including a decrease in the rate of childhood obesity and its negative health-related impacts; and WHEREAS, cities and other community partners can work together to understand the relationship between obesity, land -use policies, redevelopment, and community planning; and WHEREAS, cities and other community partners can work together to ensure that there are safe places for their residents to be active such as in parks, ball fields, pools, gyms, and recreation centers; and WHEREAS, access to healthy foods has a direct impact on the overall health of our community and planning for fresh food, open space, sidewalks, and parks should be a priority; and WHEREAS, the Florida League of Mayors has partnered with the Healthy Eating Active Living (HEAL) Cities Campaign to provide training and technical assistance to help city officials adopt policies that improve their communities' physical activity and retail food environments; and WHEREAS, the Florida League of Mayors support the Let's Move! Campaign headed by the First Lady of the United States, the President's Task Force on Childhood Obesity and Secretary of Health and Human Services' in an effort to solve the challenge of childhood obesity within a generation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City of Cape Canaveral supports preventative measures to fight obesity as set forth by the First Lady of the United States of America in the Let's Move campaign; City of Cape Canaveral, Florida Resolution No. 2010-28 Page 2 SECTION 2: That the City of Cape Canaveral supports efforts to (1) help parents make healthy family choices, (2) create healthy schools, (3) provide access to healthy and affordable foods, and (4) promote physical activity. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of November, 2010. ATTEST: Rocky Randels, Mayor Name For Against Angela M. Apperson, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh APPROVED AS TO FORM: Anthony Garganese, City Attorney City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/04/10 Item No. J Subject: Approve non-resident court fees and revised rental rates for Manatee Park, due to state grant funding guidelines. The non-resident rates for court usage were approved by the Recreation Board at its May 25, 2010 meeting. Department: Parks & Recreation Summary: A fee increase was imposed in October 2008. It did not address non- resident rates for tennis, racquetball and shuffleboard. Current Hourly Rates: Before 4:00 pm After 4:00 pm Tennis, Racquetball and Shuffleboard: $2.00 $3.00 Proposed Hourly Rates: Resident Non -Resident Tennis, Racquetball and Shuffleboard: $2.00 $3.00 There will no longer be a difference before or after 4:00 pm. The fees will be determined by resident or non-resident status. Manatee Park Current Rates: 1h Day 11 Day 11/2 with Kitchen 11 with Kitchen Private $100 $150 $150 $225 Canaveral Non -Profit $ 0 $ 0 $ 0 $ 0 Outside Non -Profit $50 $100 $75 $100 Manatee Park Proposed Rates: $265 — Price includes full day rental with kitchen & sales tax State grant funding guidelines, regarding fees being charged for the use of grant funded amenities, clearly state that the charges be the same for all users regardless of their category status, i.e. resident, non-resident, non-profit, etc. Requested Council Action: Approve non-resident fee for court usage and revised rental rates for Manatee Park. Financial Impact: Annual Revenue Increases: Tennis $2,500 Racquetball $1,500 Manatee Park $500 Attachments: X❑ Supporting Documents Reviewed Comparable rental rates and Recreation Board Meeting minutes date May 25, 2010. Submitting Department Head: Robert Lefever a - Date: 10112110 Approved by City Manager: t0 `yea- Date: 100 it o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain COMPARABLE FACILITY RENTAL RATES Satellite Beach Mon -Thur Fri Mon -Thur Fri Sat. Sun. Holidays Prime Non 8am-6pm Sam-4pm bpm -lam 14pim-lam 8am-lam 1 Pelican Beach Club House 19.08 hrly 19.08 hrly $ 159.00 1 $ 222.60 $318.00 $2.25 hrly _$1.60 hrly $3.25 My $2.00 hrly _g_ r`hg Cocoa Beach Residents Non -Residents Meetin9 Room $3.00 hrly $14.50 per hour or $180.00 all day R. J -.1- Kiwanis Island Prime Time Non -Prime Time Tennis 1 $4.00 hrly Indian Harbour Beach Racquetball $4.00 hrly $3.00 hrly Residents Non -Residents Main Hall $ 275.00 $375.00 .. .. .. . . . . Cocoa Beach Pool Pavilion Residents Businesses Non -Resident Half Day $50.00 $150.00 $100.00 Full Day $100.00 $300.00 $200.00 Kiwanis Island Park Private Non -Profit Sanctioned Doyle Carlton Pavilion $300.00 $225.00 $150.00 .71 2 - COMPARABLE COURT RENTAL RATES Satellite Beach Resident Non -Resident Prime Non Prime Non Tennis $1.75 hrly $1,60hrly $3.00 hrly $2.50 hrly Racquetball $2.25 hrly _$1.60 hrly $3.25 My $2.00 hrly _g_ r`hg Cocoa Beach Residents Non -Residents Tennis $3.00 hrly $4.00 hrly R. J -.1- Kiwanis Island Prime Time Non -Prime Time Tennis 1 $4.00 hrly $3.00 hrly Racquetball $4.00 hrly $3.00 hrly RECREATION ADVISORY BOARD CAPE CANAVERAL LIBRARY MEETING ROOM 201 POLK AVENUE Tuesday, May 25, 2010 MEMBERS PRESENT: Gene Petre, Carol Delano, John Dattilo, Eileen Kandret, Doug Raymond, Chris Hale MEMBERS ABSENT: Stephanie Robinson OTHERS PRESENT: Dave Schirtzinger, Guest Robert Lefever, Director of Parks & Recreation Fran Norman, Secretary The meeting was called to order at 5:30. The board unanimously approved to adopt the minutes of the January 26, 2010 meeting. Gene Petre expressed his concern that guests with ideas and suggestions keep to the subject, and not just pop up. Robert Lefever presented his director report from February — May 2010. There were no questions. He then presented Eileen Kandret with a certificate of appreciation for her service on the Recreation Board. Doug Raymond was appointed as a regular member and Chris Hale was appointed first alternate member of the Recreation Board. There was a discussion regarding Corporate Rates for Manatee Park. A fee of $500.00 per day would be charged for any rentals that collect monies for vendor spaces, admission fees, retail sales, foodibeverage sales or parking. Chris Hale suggested Commercial Rate would better apply because a corporation can rent the park for a company picnic, Gene agreed. Eileen made the motion to call it a Commercial Rate, Carol seconded the motion. Gene moved to accept the recommendation by the Recreation Director to have it amended to Commercial Rate as was suggested by Chris. All were in favor. Dave Schirtzinger said he was concerned Cape Canaveral residents would be upset if there was a long term rental. Director Robert Lefever responded that it would have to be approved by the Outdoor Entertainment Committee, who would decide if it was in the best interest of the City. The board reviewed the Non -Resident Rates to be paid in addition to the Resident fees for classes, facility rental, summer camp, tournaments, court fees and parent's night out. Eileen moved to approve the rates and it was seconded by Carol. The board unanimously approved to charge the non-resident rates as it is written. There was a brief discussion about how well Friday Fest and Movie in the Park were coming along. Gene indicated the need to entertain the thought of a bigger Youth Center. Robert informed the board that Saturday, July 31St The Kid's Community Awareness Day will be taking place and that 225 backpacks needed to be stuffed with school supplies. Everyone agreed to be at the Recreation Center Friday, July 30th at 7:00prn to stuff them. Eileen said it was a privilege to serve on the Recreation Board for the past three years and will miss the board and the City. All members present wished her well. Next Recreation Advisory Board meeting is scheduled for July 27, 2010. There being no further business, the meeting adjourned at 6:30pm. Gene Petre, Chairperson, �3 1l Fran N , Secretary City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11-04-2010 Item No. It Subject: Change Order #3: Approve Funds in Amount of $59,215.05 to Brewer Paving and Development to Extend the Ridgewood Avenue Improvements Project Northward to Ocean Oaks Condominium and Approve Funds to Stottler Stagg & Associates (SSA) in Amount of $1,699.00 to Prepare Engineering/Construction Drawings. Department: Public Works Summary: The City continues to move forward with the Ridgewood Avenue Improvements Project. As requested at previous City Council meetings, City Staff investigated extending the project northward to Ocean Oaks Condominium. City Staff also requested an easement agreement from the Ocean Woods Homeowners Association (HOA) for the construction of a pedway along the western side of the roadway — this easement was denied by the HOA. Therefore, the City can only proceed with work in the rights-of-way: (1) replace existing sidewalk and pavement (put back what is already there with no pedway on western side of roadway) and (2) replace existing median in the roadway. This change in scope represents Change Order #3 to Brewer Paving and Development. Additional engineering/construction drawings from SSA will be required since this portion of the roadway was not included in the original project. City Manager Recommends: Approve Change Order #3 Funds in Amount of $59,215.05 to Brewer Paving and Development to Extend the Ridgewood Avenue Improvements Project Northward to Ocean Oaks Condominium and Approve Funds to SSA in Amount of $1,699.00 to Prepare Engineering/Construction Drawings. Financial Impact: 1) $59,215.05 to Brewer Paving and Development for additional construction tasks (Change Order #3). 2) $1,699.00 to SSA for additional engineering drawings. Total financial impact: $60,914.05. Funds are available from the City's Ridgewood Avenue Improvements Project as well as additional Federal funds. Reviewed by_City Treasurer: Andrea Bowers Date: /0/Q-7 Ito Attachments: Supporting Documents Reviewed: 1). Brewer Paving and Development Change Order #3. 2). SSA Fee Proposal. 3). Project Budget Summary. 4). Project Time Line. .41 Submitting Department Head: Walter Bandish 4 Date: 10/26/10 5� Approved by City Manager: David L. Greene 01-4� Date: /Of t7'Io City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Brewer Paving and Development Change Order #3 Devdopezilir f, 49#W, 3190 Grissom Parkway, Cocoa, FI» 32926 Phone: 321.636.4645 Fax: 321.636.4648 FDOT Certified Contractor - CUC# 1224133 Jeff Ratliff City of Cape Canaveral RE: Ridgewood - Change Order #3 Item Descriptio n Qt x U/M Price Total 1 Maintenance of Traffic 1.00 LS $ 750.00 $ 750.00 2 Staked Silt Fence 500.00 LF $ 1.75 $ 875.00 3 Clearing & Grubbing 1.00 LS $ 1,500.00 $ 1,500.00 4 Removal of Existing Concrete Sidewalk 85.00 SY $ 6.00 $ 510.00 5 Removal of Existing Curbing 400.00 SY $ 6.00 $ 2,400.00 6 Removal of Existing Driveway Turnouts 243.00 SY $ 30.00 $ 7,290.00 7 12" Stabilized Subbase 220.00 SY $ 4.00 $ 880.00 8 Reworking Base, 4" - No New Material 85.00 SY $ 3.50 $ 297.50 9 Optional Base Group 2" (New Sidewalk) 107.00 SY $ 4.50 $ 481.50 10 Optional Base Group 8" (Curbing) 127.00 SY $ 11.00 $ 1,397.00 11 Turnout Construptlon (Concrete) 57.00 SY $ 29.25 $ 1,667.25 12 Turnout Construction (Asphalt - SP 12.5) 50.00 TN $ 126.00 $ 6,300.00 13 Milling Existing Asphalt Pavement, 1 1/2" Avg Depth 901.00 SY $ 2.00 $ 1,802.00 14 Milling Existing Asphalt Pavement, 3" Avg Depth 901.00 SY $ 2.70 $ 2,432.70 15 Asphalt Concrete (Superpave 12.5) 108.00 TN $ 75.50 $ 8,154.00 16 Asphalt Concrete (Friction Course 9.5) 81.00 TN $ 91.50 $ 7,411.50 17 Concrete Curb & Gutter, Type "F" 425.00 LF $ 11.00 $ 4,675.00 18 Concrete Curb, Miami 286.00 LF $ 11.00 $ 3,146.00 19 Concrete Sidewalk - 4' Thick 108.00 SY $ 28.20 $ 3,045.60 20 Detecable Warning on Walking Surface 2.00 EA $ 575.00 $ 1,150.00 21 Sod 160.00 SY $ 2.50 $ 400.00 22 Adjust Existing Utilities 1.00 LS $ 1,500.00 $ 1,500.00 23 Thermoplastic, Standard, White 24" 75.00 LF $ 4.00 $ 300.00 24 Thermoplastic, Standard, Yellow 6" 250.00 LF $ 1.00 $ 250.00 25 Thermoplastic, Standard, White 6" 600.00 LF $ 1.00 $ 600.00 Grand Total This Estimate $ 59,215.05 If you have any questions regarding this estimate, please contact our office at your convenience. Respectfully Submitted, Brewer Paving & Development, Inc. Ryan Herold Estimator Page 1 of 1 Attachment #2 SSA Fee Proposal SSA April 23, 2090 Mr. Jeff Ratliff City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 RE; SSA l=ee Proposal for Ridgewood Design Extension (Revised) Dear Jeff: Per your request, Stottier Stagg & Associates, Architects, E=ngineers, Planners, Inc. (SSA) is pleased to present our engineering proposal for the design of Ridgewood Avenue from Central Avenue to the Ocean Woods east gate. The proposed design for this roadway segment will include an expanded sidewalk along the east side. Initial contractor cuts into this section of roadway have indicated approximately 3-912 +/- inches of asphalt has been historically placed. SSA will design this structural section per City of Cape Canaveral standards. SSA's specific scope of services will include: SSA SCOPE OF SERVICES 'cask 'I — Field and Location Surveys; SSA will Oe ffield surveys to locate the eastern sidewalk and major oak trees along with some key swale elevations. Task 2 -- Design. SSA will prepare a construction drawing for the Ridgewood Avenue extension. SSA will also include a modification letter I package to the SJRMWD If required due to increased impervious areas. No additional landscaping is proposed, SCHEDULES AND FE=ES Schedule. Upon City authorization to proceed, SSA will begin work Immediately. Approximately seven (7) working days are anticipated to complete the above tasks. Fees: SSA fees for the above tasks will be a lump sum fee of $1,698. Construction drawings will be furnished on a CD and included in the above. SSA's work will be invoiced based on a percentage of work completed and will be billed monthly with payment due within thirty (30) days of receipt. Additional services not included in the above tasks will be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket expenses for hourly work will be billed with a fifteen percent (15°%) mark-up. SPQTTLER SMAGG & ASSOCIM-S ARCHITECTS ENGINEERS PLANNERS, INC. SW North Allen & Ayme R O. Uox A30 Capc Canzva-A. Florida 32920 W 321.701324 rax =-783.700 LlGNAA Ct1DD329 REBOODD762 #%r3000G700 Mr. Jeff Ratliff April 23, 2010 Pane 2 A SSA Fee Proposal — Compensation rates are basest on ordinances, regulations and procedures in force on the execgtion -date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinance, regulations, procedures, etc. shall be justifrEation for re -negotiation for the compensation due to the Consultant' for the work Involved. It is understood that any and all professional liabilities Incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Client hereby agrees to pay all costs of such collections including Attorney's fees. The dllent and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Client nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through May 30, 2010. Acceptance after this date may necessitate increased fees or altered conditions. Jeff, your authorization of this proposal can be accomplished by City approval and receipt of a City purchase order. We are looping forward to working with you on this project. Sincerely, Stottler Stagg a, Associates Architects, Engineers, PIanners, Inc, ACCEPTANCE. 4��J% _ Joan A Pekar, PE Senior Vice President JAP:cs BY: TITLE: DATE: uueansanoBraCnRlwroe�cwgorpsuv acepec�nrPtrerzoivF[OM W-RPXRAJCnWJef9tWzWvnR+U1U*X Attachment #3 Project Budget Summary V 6� L O e: 64' 00 0 O C4 N H4 M 6ti c N ff3 44.. 00 � U COD H � ebs o O 0 a 0 In 0 O in C% 0 0 An i:Q ':v o O o O to N kin n o o %D C� cq o o :oo, o so o o %D n ci a xn �D o et o tt .r C r. r. "i Fr !� t•1 00 :f' N — ,-+ .0:. raj 00 i 44 64 th ie irl F 7 3 � 5C r Lt.1 w � y •k � �` biJ ° M o m ��, Ir °° ON a U3 N y C..) 'b to O z O N a m O u a 4) 10 cc P. s c rn U O U O V] QQ L f - CQ d4 .ij H Vl O c p oC PC d Ve, 410 'x, O V 6� Attachment #4 Project Time Line �, Change Order #3: Time Frame for Completion of Sidewalk/Curbing Work: One week. Initiate Sidewalk/Curbing Work: December 6, 2010 (or when work is complete at Grant Avenue). Complete Sidewalk/Curbing Work: December 10, 2010. Initiate/Complete Paving: To be completed with other paving activities (December 2010). City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/04/2010 Item No. 5 Subject: Ratify City Manager Performance Evaluation Department: Administrative Summary: By contract, the City Manager is to have an evaluation within six (6) months of June 1, 2010. The evaluation is to take place between November 2010 and January 2011. At the October 5, 2010 Council Meeting, the form was reviewed and consensus was reached to make certain changes. The changes were made and the final form was sent to Council Members for completion. A composite evaluation has been completed by merging all Council Members' comments and scores into one document. The Composite Evaluation and Individual Council Member Review forms are attached. Requested Council Action: Review the form with the City Manager, make any necessary revision and take any other action the City Council deems necessary. Financial Impact: None at this point. Reviewed by City Treasurer: Andrea Bowers Date: %Q p Attachments: Composite Evaluation and Individualtouncil Member Review forms. Submitting Department Head: Angela M. Apperson, City Clerk/Human Resources Date: 10/26/10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Composite Performance Evaluation for City Manager Greene Employee: David L. Greene Date presented: 11 4 2010 Evaluation Period., June 2010 through November 2010 Date of Employment: June 1_ 201 Obiectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations — Intolerable behavior or poor performance. 2. Marginal -- Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations — Outstanding performance. This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Results: Page 1 of 25 Composite Performance Evaluation for City Manager Greene Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Section I. Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an "x" above the number you feel best describes his performance in that area. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 3 5 Not 3 3.75 Scored Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: Council Member Hood: No comments Mayor Pro Tem Petsos: No comments Mayor Randels: Excellent — Example -> within minutes of an incident; council receives facts by internet and voice to our telephone line — This is important as residents use us for source of information to unexpected events from "why no reclaimed water today" — to — "What was that big boom in our area. ->example of Space Coast League of Cities/Brevard Co. Charter Issue - Council Member Roberts: David communicates well with the Department heads and employees, spending time with them, listening to them, communicating his goals and expectations of them, and following up with them to ensure goals have been accomplished. He has also been responsive to members of the public and the Council when they have come to see him or written to him. He has an open door policy, which is very good. We are still experimenting with a City newsletter in terms of scope and frequency, and the web site is used often as a communications tool with the community. Opportunities for improvement include press releases, especially with respect to employee recognition and major events and initiatives. Given the wealth of his experience and the richness of his perspective, I am hopeful Page 2 of 25 Composite Performance Evaluation for City Manager Greene he will be active over time with various government and community groups, representing the City in these forums where it is desirable to have his leadership present. I am hopeful he will begin communicating a City Manager's report each week or perhaps each month, so we are more aware of what he is doing as the CEO of the City, relative to what the Department Heads are doing. I anticipate he will communicate his plans for the future and the economic outlook for the City in January 2011's State of the City Report, which will complement what the Mayor has to say. Council Member Walsh: Would like to see David Greene be more involved at council meetings and committee meetings. In instances Mr. Green has spoken to a topic, he can be more precise rather than long winded. Have not observed the utilization of the "tools" mentioned above 2. Relationship with City Council Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 4 5 Not 3 4 scored Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: Council Member Hoog: No comments Mayor Pro Tem Petsos: Fast response to concerns raised and good follow up Mayor Randels: Manager is available for both scheduled and unscheduled conferences usually from 6:00 in the morning until late in evening — I have not yet failed to get my questions answered- Establishment of weekly written report of weekly status on assigned tasks to each department provides Council with timely answers for residents Council Member Roberts: David communicates with City Council at the Council meetings and in response to specific Council member inquiries. Suggested improvements include providing the Council member's question in the e-mail he is responding to as part of his sharing with other members his response, so we understand the context of the individual Council member's inquiry in the first place. David is very accessible to Council and does a great job of interpreting Council intent and carrying out that direction. We are looking forward to hearing more from David as he advises Council in a variety of areas, particularly the well researched facts he brings to us to help Council with decision-making. Council Member Walsh: Would like to see David Greene be more involved at council meetings Page 3 of 25 Composite Peri'ormance Evaluation for City Manager Greene 3. Budgeting Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 Not 5 4 3 3.75 scored Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: Council Member Hoop: Mr. Greene came on board as the budget process was underway. His ability to step in and take control of the process was satisfactory. We were presented with a budget that will keep the City in good shape. Mayor Pro Tem Petsos: Not enough time has elapsed to rate Mr. Greene. Mayor Randels: The reduction in property values and the down turn in our economy has forced our City to evaluate every service we provide — This requires a difficult decision by City Manager. Changes had to be made; and will continue as "what is best for our City" with present resources —Staffing and "we have always done this" will have to be justified more than ever to our residents. Council Member Roberts: At the onset, I believe David demonstrated his wisdom and significant experience with his interpretation of the City's budget, the goals of Council for the upcoming year, and his advice with respect to the potential of leveraging the City's resources for a better future, consistent with the community's visioning goals. I believe David has the expertise to help the City take advantage of grants and other creative means of optimizing our resources, as well as attracting new businesses to our community. I appreciate his "can do" attitude and efforts to bring more creative and progressive budgeting practices to the City. David also ensured, along with staff, that our budget was timely. I understand he will be working with the City Treasurer to improve the budget presentation and make it more Council - layperson friendly and understandable. It is suggested that the City seek recognition for budget formulation/excellence, which we understand is available at the State level. Council Member Walsh: Mr. Greene was hired as the City Manager approx. 4 months ago and was brought in near the end of the budgeting process. I hope to see permanent cost cutting efforts implemented as well as revenue generating measures obtained so existing tax dollars can be allocated to meet the goals of the city. Page 4 of 25 Composite Performance Evaluation for City Manager Greene 4. Financial Management Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 Not 5 4 Not 4 scored scored Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: Council Member Hoog: Mr. Greene did well with the budget process and there are a few things that he has not yet touched on as yet. But has already grasped some items and done. Mayor Pro Tem Petsos: To early to rate Mayor Randels: Even in the short few months of being our City Manager — the Cities plans, needs, and method of paying for these services have been presented to Council with reasons. A key point of concern was to continue and expand the maintenance of our infrastructure and vehicles -- All stormwater lines have been t.v.'ed in last few months; blockages were removed; needed replacements of unserviceable pipes is started and scheduled for needed pipes — vehicles are keeping records on repairs for each vehicle Council Member Roberts: Again, I believe David is introducing progressive financial management practices to the City, helping us be realistic in our projections and plans for the future. I believe he will help us leverage our resources appropriately, providing for a more progressive, modernized City. When asked at Council meetings, he is knowledgeable about the City's finances and serves as an appreciated complement to the City Treasurer with respect to our financial constraints and health. Council Member Walsh: As Mr. Greene has been with the city a little over 4 months, I hope to see more of this in the future. Unable to evaluate at this time. 5. Asset Management Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 3 5 4 3 3.6 Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: Page 5 of 25 Composite Performance Evaluation fbr City Manager Greene Council Member Hoog: The maintenance program for vehicles has been established by the City Clerk and management. A program that was long overdue. Mayor Pro Tem Petsos: His plan to implement a City Wide plan on repair/replacement of infrastructure/equipment is a step in the right direction Mayor Randels: City Manager has personally reviewed all of our City Buildings and assets — A many year delay to Street Department Building roof has been scheduled to stop roof leaks. Sheriff's Department Building is being remodeled. City's obsolete piece -mill computer system up dating is continuing; being started by our acting City Manager Angela Apperson Council Member Roberts: I believe David brings to us the knowledge and experience to oversee with a vision for the future the appearance and condition of the City facilities, equipment, and vehicles, introducing green energy options where appropriate as we work towards being an energy independent community. 1 anticipate that with his leadership, the City's new fire station will be a green, LEER certified facility, setting an example for future green City facilities in the future. Council Member Walsh: Mr. Greene has been with the city a little over 4 months. I hope to see more involvement regarding this dimension in the future. 6. Planning and Organization Name Council Mayor Mayor Council Council Composite Member Pro Tern Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 3 5 Not Not 4 scored scored Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: Council Member Hoo : So far some short term goals have been implemented. Some good planning for longterm goals are underway. Would like to see an alternative plan. Mayor Pro Tem Petsos: Working to address the needs of the city within the current budget. Mayor Randels: Exceeds my expectations in the items underlined above. Council Member Roberts: Early on David has demonstrated his responsiveness and resourcefulness in helping the City move progressively forward for the future, understanding last year's visioning efforts, this year's Council goals to implement that vision, and providing his Page 6 of 25 Composite PerFonnance Evaluafion for City Manager Greene counsel to Council as appropriate. I believe the distinctions between the Council's vision, the staff's goals and objectives, and policy, program, product and service implementation need to be clarified and planned for in more detail, as well as accounted for in the future. Given David's significant leadership and experience as a City Manager, I believe this will be accomplished in future visioning and strategic planning efforts. Council Member Walsh: Mr. Greene has been with the city a little over 4 months, I hope to see more involvement regarding this dimension in the future and look forward to hearing his recommendations. Unable to evaluate at this time. 7. Decision Making Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 4 5 Not 3 3.75 scored Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and pro -active manner. Comments: Council Member Hoog: Some goals and objectives will be a part of this as well as every day decisions Mayor Pro Tem Petsos: Mr. Greene's decisions come after reviewing all factors in the opportunities the he is presented with. Mayor Randels: I appreciate the quick response to residents' concerns — even if it is not the desired answer they want, they have the answer examples is Porter Property — also Pindziak incidents of requests and replies Council Member Roberts: 1 believe David has great potential as our new City Manager and will bring his wealth of experience to our City and help lead us forward aggressively and responsibly. When he first came to the City, he was met with some challenging internal and community issues, which I believe he dealt with admirably and responsibly, considering their sensitivity and scope. Council Member Walsh: No comments Page 7 of 25 Composite Performance Evaluation for City Manager Greene S. Council Meetings Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 4 5 4 3 4 Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: Council Member Hooe: I appreciate Mr. Greene's commentary of items and organization of the agenda. His ability to keep everything moving forward timely, Mayor Pro Tem Petsos: Good businesslike approach to the issues presented to us. Mayor Randels: Like the policy of only asking staff to be there if they may be needed for response to a question on the agenda. Council Member Roberts: David has attended all the meetings and arranged for the appropriate staff to attend, reducing the number who attended in the past to keep costs down as well as add to their quality of life with fewer meetings to attend. Some of the staff reports have led to "hot button" Council and community discussions and resulted in more time than planned for Council deliberation and community involvement. This is understandable as we calibrate during these initial months of working together. The agendas are most timely, and the reforms David has introduced, particularly with respect to the "Consent Agenda" approach have resulted in much shorter Council meetings, which is greatly appreciated. Council Member Walsh: Would like to see Mr. Greene participate more in discussions and provide recommendations and suggestions to council. 9. Professional and Leadership Skills Dame Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 4 5 4 3 3.8 Represents the City in a professional manner, demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude. Comments: Page 8 of 25 Composite Performance Evaluation for City Manager Greene Council Member Hoop: Already had attended many county wide meetings and functions. Would like Mr. Greene receive City shirts, to attend various functions, and City meetings. Mayor Pro Tem Petsos: Have heard many comments in the community about professional manner and integrity. Mayor Randels: Responds to residents both in verbal contact as well as written, leaves no doubt as to what is expected and time limits to make it happen Council Member Roberts: I believe David represents the City in a highly professional manner, demonstrates a high degree of integrity, and has displayed his ability to deal with difficult community issues from the onset. He is most courteous, tactful and skilled in dealing with others and is overall most personable and warm in his demeanor, which has meant a great deal to Council, staff, and the community. Council Member Walsh: No comments 10. Community Relations Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoag Petsos Roberts Walsh Score 3 3 4 Not Not 3.33 Scored scored Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: Council Member Hoog: Mr. Greene has interacted well with the citizens. Time and events will give Mr. Greene more opportunity. Mayor Pro Tem Petsos: Beginning to get out into the community, a little too early to fully assess, he hasn't had the time to fully engage the community. Mayor Randels: Our back log of delinquent City items such as EARS Plan Amendments; Stormwater consent orders pending have not permitted but only a few civic and public meetings — renewing the peacock meetings was a much needed item. Council Member Roberts: It is still somewhat early in David's tenure as City Manager to expect him to have established relationships with key community groups and organizations in the area. He has attended few community functions to date, probably because of still transitioning to the area. He did an excellent job of speaking before the Cape/Port Canaveral Kiwanis Club on Page 9 of 25 Composite Performance Evaluation for City Manager Greene Wednesday, October 27th, providing a most informative overview of where he sees the City is right now and the challenges we are facing ahead. He was articulate and succinct, touching on facts and perspectives most useful to this group of community members. He has handled a barrage of citizen complaints uniquely occurring during his initial months with the City and has handled them most professionally and responsibly. Council Member Walsh: At this time I have not observed much in this category, as Mr. Greene has been with the city a few months. I hope to see more of this in the future. Other Comments: Council Member Hoog: No comment Mayor Pro Tem Petsos: No comment Mayor Randels: No comment Council Member Roberts: No comment Council Member Walsh: As this is an interim review and Mr. Green has been with the city only about 4 months, it is difficult to evaluate him/his performance in many of the categories on this review at this time as much has not been observed. Section 11. Skills & Traits Evaluation 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 3 5 Not Not 4 scored scored Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: Council Member Hoog: I like very much, what I have seen so far, in such a short period of time. Mayor Pro Tem Petsos: I believe him to be a good planner, but he's been more active in the organization of the departments, and hasn't had enough time to fully plan for future needs, other than finding out what those needs are. Mayor Randels: No comment Page 10 of 25 Composite Performance Evaluation for City Manager Greene Council Member Roberts: I believe David will provide the City much needed leadership in anticipating our future needs, balancing the need to pay for ongoing operations with that which is needed to provide for a progressive future. I am looking forward to the advanced planning practices and techniques he will be introducing to the City, when he has had more time with us to do so. Council Member Walsh: Mr. Greene has been with the city a little over 4 months - cannot evaluate at this time 2. Leadership Skills Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 4 5 4 3 4 Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: Council Member Hoop: After a few weeks under Mr. Greene's leadership, the City Department Heads where working as a team, the interaction was very noticeable. Mayor Pro Tem „Petsos: Have heard nothing but positive comments from all the departments on his ability to bring the team together Mayor Randels: In my 26-27 years on this City Council this is the first time Departments are working together for the benefit of all — not each individual Department trying to achieve their individual wants. Council Member Roberts: David is building the City staff team, motivating them towards excellence with his participative style and clear guidance and direction. Staff say they respect him and believe his leadership style is appropriate for the City at this time. David delegates responsibility, holding staff accountable for planning and performance. Council Member Walsh: Mr. Greene has been with the city a little over 4 months — The employees that I have spoken to seem to be favorable towards Mr. Greene being the leader of the city. 3. Negotiating Skills Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 3 5 4 Not 3.75 scored Page 11 of 25 Composhe Perfnmmance Evaluation for City Manager Greene Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: Council Member Hoog: Again, time will tell, we have had a few matters before Mr. Greene and he has handled them very well. Mayor Pro Tem Petsos: No comment Mayor Randels: I cannot fairly evaluate this with other governments As the occasion has not occurred yet — but based on Code Enforcement Issues; citizens request for freedom of information; and a settlement with Towne Reality and possible settlement of 8 year old contract of Dune Crossover with Village of Seaport my rating is a 5. Council Member Roberts: During his first weeks on the job, David had to deal with several conflicts in the City. I was impressed with his honesty, listening skills, and ability to bring divergent parties together. He kept Council apprised of developments and the issues involved throughout, which was much appreciated. Council Member Walsh: Mr. Greene has been with the city a little over 4 months - cannot evaluate at this time. 4. Creativity Name Council Mayor Mayor Council Council Composite Member Pro "tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 4 5 Not Not 4.33 scored scored Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: Council Member Hoog: Would relate back to Planning & Organization Mayor Pro Tem Petsos: No comment Mayor Randels: Staff accepts his leadership and challenges to do better, and try a new way with no hesitation is working. The City Managers response " the City is a work in progress just like everyone of us" and "we don't always get it right, but we are trying" is very positive. Council Member Roberts: Given David's awareness of best practices, I anticipate we will see effective, efficient, and innovative solutions to the challenges of the City, particularly with respect to administrative and business practices and improvements necessary. Page 12 of 25 Composite Pertormanoe Evaluation fbr City Manager Grine Council Member Walsh: Mr. Greene has been with the city a little over 4 months - cannot evaluate at this time. 5. Honesty/Fairness Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 4 5 4 3 4 Is consistently open, straightforward, and impartial. Comments: Council Member Hoog: Has a very openness to all and is straight forward with all information Mayor Pro Tem Petsos: No comment Mayor Randels: I have found these three underlined items to be very descriptive of his character of management in leadership Council Member Roberts: I believe David is very honest and has the utmost integrity in dealing with matters of the City. Council Member Walsh: No Comments 6. Adaptability Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 Not 5 Not 3 3.67 scored scored Responds positively in a timely manner to a changing world and local conditions. Comments: Council Member Hoog: Again, time will improve things Mayor Pro Tem Petsos: Too early Mayor Randels: Certainly a need and I've found it to be there — Important to our City as we want to move forward with our vision plans and become a more progressive City with a different image as seen by visitors Council Member Roberts: David is still in the transition period of working with the City and Council. I anticipate he will become increasingly adaptable as he becomes more familiar with the City and our business and cultural norms. Page 13 of 25 Composite Performance Evaluation for City Manager Greene Council Member Walsh: No comment 7. Initiative Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoag Petsos Roberts Walsh Score 4 Not 5 Not Not 4.5 scored scored scored Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: Council Member Hoog: Has stepped right in with the attitude "Lets get organized" then we will move forward and get things done Mayor Pro Tem Petsos: No comment Mayor Randels: Very strong — He reviews the idea; and if the idea will benefit the City, employees and residents: immediately begins to implement the idea within budget restraints examples = sidewalk on N. Atlantic Ave completed — repaired of storm drains and lines — removed muck from WWTP Ponds— update phone system Council Member Roberts: David has many initiatives in mind that I feel confident will be revealed in the near future. I realize we are still in the initial transition period and that it is too early to see the changes he has in mind and would like to introduce to the City. Council Member Walsh: Mr. Greene has been with the City a little over 4 months — cannot evaluate at this time but I am looking forward to see how Mr. Greene will improve the organizational effectiveness and efficiency of the city over the next 6 to 8 months during his first year as Manager and CEO of the city. 8. Resiliency Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 4 5 4 3 4 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: Council Member Hoog: This is one of Mr. Greene's traits that he has shown on several occasions Page 14 of 25 Composite Performance Evaluation for City Manager Greene Mayor Pro Tem Petsos: Motivation is at a high level along with amount of time at work. If there is any stress, it doesn't show. Mayor Randels: I consider myself able to handle these items well — But his ability to keep staff up to the same level as him (which matches and exceeds my ability) is unexpected; but very much valued trait. Council Member Roberts: David has been extremely resilient during these first months, dealing with unanticipated conflicts in the City, as well as his family transition to the area. We are grateful for his "faith" in the City and the promise he sees for a better future. Council Member Walsh: No Comment 9. Humor Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 4 4 4 3 3.6 Maintains and shares an appropriate sense of humor to lighten the load. Comments: Council Member Hoog: Seems to take things in good spirit Mayor Pro Tem Petsos: No comment Mayor Randels: I could rate this either a 4 or 5 — But Humor has not been a time permitted opportunity yet with all the cleaning up of unfinished opportunities in our City. Council Member Roberts: David is a very pleasant manager, approachable and good-natured in every respect. I believe his positive, "can -do" approach to the City is a distinct plus for the City. Council Member Walsh: No Comment 10. Ethical Standards Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 3 4 5 4 Not 4 Scored Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: Page 15 of 25 Composite Perfiomiance Evaluaiion for City Manager Greene Council Member Hoog: We really haven't had any ethics concerns but does have a good standard about him Mayor Pro Tem Petsos: No comment Mayor Randels: I took this occasion to look up and read the ICMA Code of Ethics — Very High Standards of Expectations for their profession — Our City Manager is able to complete with any manager I know — and win-. Council Member Roberts: My sense is that David is doing everything he can to make sure the staff are good stewards of the City's finances. In addition, I believe he is of the highest integrity in dealing with people and matters impacting the City. Council Member Walsh: No Comment 11. Job Knowledge Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoog Petsos Roberts Walsh Score 4 5 5 4 4 4.4 Has a solid knowledge of all phases of municipal government. Comments: Council Member Hoog: No Comments Mayor Pro Tem Petsos: Mr. Greene has a vast amount of knowledge of municipal government Mayor Randels: Very few people have this level of experience — and it has come from being in the position and actually doing the task — not just reading the principals Council Member Roberts: David comes to the City of Cape Canaveral with a wealth of knowledge given his extensive previous experience as a City Manager and senior executive. He is a progressive leader who will help provide creative options for the Council to consider in movingthis City forward and being the "best it can be" in the 21st Century. Council Member Walsh: No Comment 12. Operational Efficiency Name Council Mayor Mayor Council Council Composite Member Pro Tem Randels Member Member Score Hoag Petsos Roberts Walsh Score 4 4 5 Not Not 4.33 scored scored Page 16 of 25 Composite Performance Evaluation for City Manager Greene Generally obtains the best possible result for the resources expended. Comments: Council Member Hoon: Has taken good control of things and started things to move forward Mayor Pro Tem Petsos: He is working to manage the resources and personnel in the best interest of the City. Mayor Randels: My opinion is base on what I have seen accomplished in the time period of June thru November — Since Mr. Greene's arrival many of resolutions and ordinances only dismissed throughout the past years have been brought forward and completed — as well as many discussed but never implemented City projects. Council Member Roberts: It is too early to discern what David will do in terms of operational efficiencies. During our review of the City's budget, we discussed opportunities for staff savings, as well as procedural improvements and efficiencies. I am hopeful we will see the specifics and results of David's leadership initiatives in this respect in the near future. Council Member Walsh: Mr. Greene has been with the city a little over 4 months - cannot evaluate at this time but I am looking forward to see how Mr. Greene will improve the organizational effectiveness and efficiency of the city over the next 6 to S months during his first year as Manager and CEO of the city. Other Comments: Council Member Hoon: I look forward to the completion of some of the goals this budget year. Will work to achieve objectives put in place. Hoping to have a good relationship and achieve many good things for the City this budget year and many to follow. Mayor Pro Tem Petsos: No comments Mayor Randels: No comments Council Member Roberts: No comments Council Member Walsh: As this is an interim review and Mr. Green has been with the city only about 4 months, it is difficult to evaluate him/his performance in many of the categories on this review at this time as much has not been observed. Section III. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. Page 17 of 25 Composite Perforrnance Evaluation for Cky Manager Greene 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Specific Comments: Page 18 of 25 Council Mayor Council Council Composite Member Pro Tem Mayor Member Member Score Randels Department/Division Hoag Petsos Roberts Walsh City Clerk/Personnel Not Not 5 Not Not 5 Scored Scored Scored Scored City Treasurer Not Not 4 Not Not 4 Scored Scored Scored Scored - Audit/Financial Services Not Not 3 Not Not 3 Scored Scored Scored Scored Not Not 4 Not Not 4 - Contract utility Billing Service Scored Scored Scored Scored Not Not 4 Not Not 4 Community Development Scored Scored Scored Scored Not Not 5 Not Not 5 - Building Scored Scored Scored Scored Not Not 5 Not Not 5 - Local Business Tax Receipts Scored Scored Scored Scored - Planning and Zoning Not Not 3 Not Not 3 Scored Scored Scored Scored Parks & Recreation Not Not 5 Not Not 5 Scored Scored Scored Scored Public Works Not Not 5 Not Not 5 Scored Scored Scored Scored Not Not 5 Not Not 5 - Stormwater Scored Scored Scored Scored Not Not 4 Not Not 4 - Streets & Beautification Scored Scored Scored Scored Not Not 3 Not Not 3 - Water Reclamation Scored Scored Scored Scored Engineering Services Not Not 2 Not Not 2 Contracted Scored Scored Scored Scored Fire/Rescue Services Not Not 5 Not Not 5 Contracted Scored Scored Scored Scored Police Services Contracted Not Not 5 Not Not 5 Scored Scored Scored Scored Solid Waste Recycling Not Not 5 NotNot 5 Contracted Scored Scored Scored Scored Specific Comments: Page 18 of 25 Composite Performance Evaluation for City Manager Greene Council Member Hooe: I can see that Mr. Greene has put a plan in place, for the departments to work as a team. The attitude in the departments has shown a good change. This is the major ingredient for a Customer/Business Friendly attitude, "Not Business as Usual". Mayor Pro Tem Petsos: No comment Mayor Randels: No comment Council Member Roberts: City Attorney I believe the City Attorney is doing an excellent job. Improvements suggested include a quicker turnaround in products and services being provided. City Clerk/Personnel I believe the City Clerk and Deputy City Clerk have been acting in an outstanding manner during this review period. The City Clerk, who was acting City Manager during the leadership transition, was extraordinary in her ability to help lead the City during this critically important time. She has also been extremely helpful to the new City Manager in helping him transition into the City and the position. The Deputy City Clerk did an outstanding job of filling in behind the City Clerk during the transition time, as well as does an exemplary job of representing the City as the initial interface with the public in City Hall, taking care of their concerns from the onset of their visit. Recommendations for improvement include the City's consideration of a separate human resource manager or contracted capability to make sure the City is receiving professional help in this area, rather than human resources being a collateral duty of the Clerk. In addition, it is recommended that the City's administrative processes and forms management be improved, such that the City's ordinances are simplified, processes associated with them flowed, and implementation forms coded so that it is easy to track the City's whole documentation management system. City Treasurer Audit/Financial Services Contract Utility Billing Service I believe the City Treasurer and her team are doing an excellent job, as well. The City's finances are healthy, considering the ongoing leadership and stewardship of the City Treasurer, which is extremely good considering the economy. 1 am hopeful the auditor/financial services will do a better job in the future in helping the City discover discrepancies in such matters as the storage and use of leave, as well as help us identify other internal management improvements that should accompany a financial audit, in my opinion. I also believe the City's budget and financial reporting can be made more lay person friendly, so that it is easily understandable and traceable. 1 recommend that the City strive for budget formulation and execution system Page 19 of 25 Composite Performance Evaluation for City Manager Greene recognition excellence such as that received by our neighboring city Cocoa Beach. Community Development Building Local Business Tax Receipts Planning and Zoning I believe Community Development is doing the best they can with available resources. I am concerned that the Department's business processes have not been flowed to help the public understand more clearly the processes, steps, responsible parties, and timelines. In addition, forms need updating, coding and linkage with the appropriate City ordinances as part of an overall documentation management system for the City. I believe the Building Department is short-staffed, particularly in the enforcement area. The Building Department is to be commended for developing a local business tax receipt system that enables us to determine easily the businesses in the City and their respective categories and contact information. This will help us work with the City's businesses more effectively in the future, particularly as we develop strategic outreach to the businesses. With respect to planning, it is recommended that our interface with our customers be more timely, the processes and timelines made clear to them, and that the City Planner expand his outreach and build his relationships with external community groups with respect to planning and economic development, e.g., other cities, the EDC, Central Florida Partnership. In addition, it is recommended that we improve the timeliness of our response to the State with respect to the Comprehensive Plan and related planning initiatives, as well as we broaden the scope of the geographical area being considered by the City for a CRA. I believe we need to have a progressive plan for the City's future, and the City Planner is critical in helping us have that. Parks & Recreation Parks and Recreation are to be commended for the multiple initiatives they have underway, particularly the new "Movie in the Park" and Street Fest which are bringing the community together in ways that we had not seen previously. The Director and staff are doing an extraordinary job with each activity, and we appreciate their creativity and initiative in providing such a broad array of services to the community, particularly our youth. It is hopeful the City makes significant progress with respect to a multi -generational community center in the near future, taking advantage of grants which may be available to help us do so. I hope that the Department seeks grants to provide for a northeast City Park, as well as improvements in Cherie Down Park (if the City is successful in transitioning this from the County) to provide for perhaps an amphi-theatre or community gathering place, as was Page 20 of 25 Composite Performance Evaluation for City Manager Greene envisioned by the community as a result of the Visioning Process. Public works Stormwater Streets & Beautification Water Reclamation Thanks to the Public Works Department for all they do to improve our stormwater system, maintain our streets, and beautify our City. In particular, the grants which have been sought for stormwater improvements have saved the City significant resources and also improved our system. I hope that we invest in the modernization of our public works facilities, providing whole system rather than piecemeal solutions. In addition, I hope that we introduce Master Planning as a capability in the City, providing master plans for sidewalks, bikeways, crosswalks, roads, street lighting, bus shelters, stormwater, etc., throughout the City for a minimum of 20 years. I recommend that this system be automated, so that the Council and community can track our progress and costs each year relative to our ultimate goals of modernization and maintenance. I also hope that we have additional marked crosswalks, particularly across AIA, that help our pedestrians cross safely at key crossing areas. Additionally, improved lighting along our streets to make them safer. Thanks for the work that has been done on the Ridgewood Avenue Streetscape. This was an excellent example of where the staff sought available funds to help offset the City's costs. We are hopeful the North Atlantic Streetscape is not far behind, since the community in the northeast part of the City are anticipating that. Engineering Services Contracted Thanks to the Engineering Services contractor for their services. Improvements suggested include better cost estimations at the start of projects, so that Council and staff are not surprised by subsequent project developments and associated additional costs. Fire/Rescue Services Contracted Thanks to Fire/Rescue Services for an extraordinary job well done and continuous outstanding service to the City and its residents. We are looking forward to supporting you with a new fire department as soon as possible, which will be a green building that is LEER certified using the guidance and wisdom of our new City Manager during the process. Police Services Contracted The Sheriffs Precinct is doing an outstanding job of providing law enforcement services to our City. The Deputies are thoughtful, yet responsible in their enforcement actions, which means a lot to our residents and our visitors. The criminal activity graph is most helpful in understanding the frequency and location of crime in our City. Suggested is the addition of drug activity related data, so that we are more cognizant of this serious problem in the City and corrective action being taken. I am hopeful more emphasis will be given to community policing in the Page 21 of 25 Composite Performance Evaluation for City Manager Greene future, with neighborhood watch outreach to our communities and a tracking of how many have been started and sustained each year. In addition, I hope that the City introduces a red light system, in coordination with Public Works, that cuts down on running red light behaviors, which are so dangerous and often result in loss of life. I am very supportive of the new facilities which will be made available to the Precinct, relieving them of extremely crowded conditions and providing them with more quality work space to perform their duties. Solid Waste Recycling Contracted Based on community feedback, I believe the residents are extremely pleased with the new solid waste contractor and the improvements the new contract has brought in terms of services and reduced costs. It will be helpful for the contractor to present to Council and the community a better understanding of how our materials are being recycled and benefit the broader community as a result. Also suggested is an educational outreach to the community, informing the residents of the benefits of recycling. Overall Comments: Overall, I believe we have a great staff who perform to the utmost with minimal available dollars. I appreciate the contracts we have with the Fire and Sheriff's Departments to provide high quality, modernized, and customer focused services in the critical public safety areas. I believe we need to make sure the City is appropriately staffed for the future, providing for succession planning, professional development, and recognition of work well performed. The City's staff are our front-line with our residents and visitors and must be supported fully in providing high quality and timely services in every arena of the City's responsibilities. Council Member Walsh: As the City Manager is the CEO of the city, it is expected that the City Manager will lead and manage the city in the most efficient and effective way. Permanent expense reduction efforts as well as increased revenue streams are necessary to best utilize the tax payers dollars. As Mr. Greene has been with the city approx. 4 months and comes to the city with vast experience, the next 6 to 8 months will allow him more time to portray his skill set and leadership abilities as he completes a full year improving both the organization structure and the quality of service of the city while moving the city forward. Section IV. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? Council Member Moog: Leadership, Organization. Mr. Greene has only been on board four months and has already shown good skills. Page 22 of 25 Composite Performance Evaluation for City Manager Greene Mayor Pro Tem Petsos: No comment Mayor Randels: This is our 1" evaluation and only for 6 months — Mr. Greene came aboard in a time our City was facing many outstanding and delinquent state requirement; such as our EAR'S Comprehensive plan requirement; consent orders on our City by St. Johns Water Management: WWTP mercury inspection; stormwater lines replacement; obtaining Right-of-way for new sewer lines in an old established residential neighborhood; M.P.D.E.S. Stormwater permit due; T.M.D.L. plan; beginning of Cities largest street improvement program (Ridgewood Ave); many smaller city items; and just hired a few weeks before the 2010/2011 budget was due — most of available time is utilized in trying to catch up (on prior to his arrival) tasks Council Member Roberts: David's extensive managerial and leadership background is a definite asset to the City. We are most fortunate that he is here to provide his leadership for the changes the City must make as we move into the future. His awareness of best practices, his ability to leverage available resources, and his interpersonal skills in working effectively with Council and the staff are all strengths that David brings to the job and to the City. Council Member Walsh: As previously stated - this is an interim review and Mr. Green has been with the city only about 4 months. It is difficult to evaluate him/his performance in such a detailed review. The weekly update report and the reduction in timeframe of the Council meetings has been a welcomed change! Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? Council Member Hoog: Haven't seen any yet Mayor Pro Tem Petsos: No comment Mayor Randels: Encourage Council Members to schedule an appointment with you after each agenda comes out to discuss their questions — rather than have us wait until the night of Council meeting to ask questions that could have been answered before. Council Member Roberts: N/A Council Member Walsh: As previously stated - this is an interim review and Mr. Green has been with the city only about 4 months. It is difficult to evaluate him/his performance in such a detailed review. I would like to see Mr. Greene participate more in discussions and provide recommendations and suggestions to council during the council meetings as well as to Committees/Boards during Committee/Board meetings. New Objectives: List new priorities you would like to see addressed in the next year. Page 23 of 25 Composite Performance Evaluation for Cky Manager Greene Council Member Hoop: Stormwater — Close the North Central Ditch; More Code Enforcement; Drug curtail — Better Police work on the street; minimize crime, B/E, car burglaries etc. Mayor Pro Tem Petsos; No comment Mavor Randels: ➢ Possible re -structure of present Department line up; and evaluate if improvements can be made ➢ Look at cost of our Attorneys for specific correspondence that may not be needed — maybe less expensive to settle the small incident then to go to the next legal procedure with another written reply ➢ Evaluate value received from our present engineer for work paid for in the last 2-3 years Possible hire a planner as needed rather than a full-time benefit employee ➢ Itemization for public to see all our process of implementing vision plan ➢ Review all of our present volunteer Board as to the need and consolidate P& Z & Community Appearance Council Member Roberts: I recommend we take advantage of David's wealth of knowledge based on his extensive executive experience, his green energy expertise, and his knowledge on how to leverage available resources in the best interest of the City and our future. Objectives include: visioning implementation; a new fire department; North Atlantic Streetscape; a new town center; transition of Cherie Down Park to the City; a new northeast city park; master planning; a new document management system; improved business processes; and, executive community outreach, representation and relationship building with key groups in the County and Central Florida. We are looking forward to hearing the specifics of David's planning for the City based on his first months of transition as soon as he is ready. We cannot wait (smile)! Council Member Walsh: None at this time as there are many goals and objectives that have been identified and prioritized that need attention and completion. Individual signed reviews were conducted by each Council Member and are on file with the City Clerk. This document contains scores and comments of all Council Members as outlined in the individual review. Page 24 of 25 Composite Performance Evaluation for City Manager Greene Employee Response: Employee Signature Page 25 of 25 Date City Manager Performance Evaluation Forthe Period dJune2010 bough-November2010 Section I. Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an "x" above the number you feel best describes his performance in that area. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: 2. Relationship with City Council Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: 3. Budgeting Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: 1%e &iZ;51CNi C2A In e- ® t�l -96Wgro Q.S._416 e rr0gr &0CF55 1b5 I%We'v- l'Y4 Y. A/iL!'� -&r2�'' /AJ AXE ' 7-466�'o.�; 2� L �_ 7ie ba ss'G�� AM916 Page 2 of 9 City Manager Performance Evaluation Forthe Period ofJune 2010 through-November2010 4. Financial Management 0�00� Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: z)Z �IY4P -1 uJ/Tf//ac/T ,Q e e ,a j: J6 -,%ho-r X -e'- J-&$ ,clog f1gr_ 14 G. wZv—, 5. Asset Management Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: ";e el 6. Planning and Organization Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to 7. Decision Making ��000 Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and pro -active manner. Comments: luo_:`GL .4 S tl,�2i�1/.9f/ `Dirri_5irn.lS Page 3 of 9 CityManager'Ferfon anceEvaluationForthePeriodofJune2010through-Vovembeer'2010 8. Council Meetings Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments:.,f������G1% ,V,Q2 gW7 �zil"' c c - -Y'rZXX A- Z> 45,eAaO JZ417e Al o �p '40ee-Pry raw r�l b mrt1/Irl4' 9. Professional and Leadership Skills 000 Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall persona b a and warm attitude. Comments: ,QI�� D� 4W 'Omexx G1w /�1,9�e11� i�D[J,C.'T� 1tif�i'/ S 4_ �(��v�r'/a,�S • r�lDv161 C�k� irfR: (',e� .u� ' i��Gw✓ �iif� /�`�'� , 7a , 1ZX' ,uZD r49,lQv_,-, �U.t fC�`� itJ�„ ,zf�� C; -7y /l�Fr�arc��S 10. Community Relations .v0000 Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: RIC 114�,J';;-�Zgcr-5v �J�CG �1ir',� 7"%u ­71�,0,15 Other Comments: Page 4 of 9 City Manager P&omrance Evaluation Fortfie Period dJune2010through-November2010 Section H. Skills & Traits Evaluation 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: %/✓ �C�j �% ���i� � ��/vim d IG �/J�l� - 2. Leadership Skills 0 Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: WA F, GLRJt%2 �,�15 ,�1��e5/�/iP � G�iTfl DIM �,;•Jif/�,e� 1..%a,�xiiv� ,cis Q �€.�'i . �� .1,�i6/1.Qcrid.c� r�QS i%d�l�,�Oric�-� 3. Negotiating Skills ooa Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: &V AJ rl 1,6 IJl11 re&6 4. Creativity 000l Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: Ai I Z-47-10 Page 5 of 9 City ManagerPeEbmmnceEvaluationForthePeriod ofJune 2D9Dth"h- lovember2DIO r. Honesty/Fairness O Is consistently open, straightforward, and impartial. Comments: 6. Adaptability Responds positively in a timely manner to a changing world and local conditions. Comments: (y &-)/// //yPfld AO 7. Initiative Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve o_rgapzational effectiveness and efficiency. Comments: �i�� �T�i���i f�r/c�%}T�/ 011 iii ! A7 8. Resiliency Maintains energy and motivation in spite of constant demands; handles stress well. Comments: 9. Humor Maintains and shares an appropriate sense of hurrjor to lighten the load. Comments: Page 6 of 9 0©©0© Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve o_rgapzational effectiveness and efficiency. Comments: �i�� �T�i���i f�r/c�%}T�/ 011 iii ! A7 8. Resiliency Maintains energy and motivation in spite of constant demands; handles stress well. Comments: 9. Humor Maintains and shares an appropriate sense of hurrjor to lighten the load. Comments: Page 6 of 9 Cif Manager Mormarroe Evaluation Forthe Period dJune2010 through-November2010 10. Ethical Standards Conforms to the high standards of the profession; follows and promotes the " ICMA Code of Ethics." Commen s: f2�� �f" ' f�v�5 ��7%� � �r� ori �' ��,c/T�.42-✓� �%�eaU T �i%� 11. Job Knowledge X000 Has a solid knowledge of all phases of municipal government. Comments: 12. Operational Efficiency- q r,i -.j Generally obtains the best possible result for the resources expended. Comments:�/ y ��'��� rear% e,,P o74e1 L O 4A-) Other Comments: (Dg -ie G o.4LS r A i srte- v 1 Q 17-r VHF A re_. Page 7 of 9 T 1 2 1 3 1 4 1 5 Conforms to the high standards of the profession; follows and promotes the " ICMA Code of Ethics." Commen s: f2�� �f" ' f�v�5 ��7%� � �r� ori �' ��,c/T�.42-✓� �%�eaU T �i%� 11. Job Knowledge X000 Has a solid knowledge of all phases of municipal government. Comments: 12. Operational Efficiency- q r,i -.j Generally obtains the best possible result for the resources expended. Comments:�/ y ��'��� rear% e,,P o74e1 L O 4A-) Other Comments: (Dg -ie G o.4LS r A i srte- v 1 Q 17-r VHF A re_. Page 7 of 9 City Manager Performance Evaluation Forthe Period ofJune201athrough—November2010 Section III. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. Z = Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Department/Division 1 2 3 4 5 City Clerk/Personnel City Treasurer - Audit/Financial Services - Contract Utility Billing Service Community Development - Building - Local Business Tax Receipts - Planning and Zoning Parks & Recreation Public Works - Stormwater - Streets & Beautification - Water Reclamation Engineering Services Contracted Fire/Rescue Services Contracted Police Services Contracted Solid Waste Recycling Contracted Specific Comments: ' / 77G��9� .��E 7-1W 6/92/Ug W -f5 �u Q Section IV. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? Page 8 of 9 • v } City Manager Per%mwn Evaluation Forte Period of June 2090 thtnWh-lovemher2090 Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? New Objectives: List new priorities you would like to see addressed in the next year. .s�o,2,Y, �,�� r r� C�'l,� s� .c ld 2�•�,���nr6e D)'7c-# Evaluator Signature Page 9 of 9 ©ate Angela Apperson From: Sent: To: Subject: Attachments: Angie, Here are my comments. Buzz Buzz Petsos Friday, October 22, 2010 12:35 PM Angela Apperson FW: City Manager Evaluation CM Performance Evaluation Final 10-2010.docx 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. CityManagerPaform n eEvaluationForthePeriodofJune2010thra h-NmerrW2010 Obiectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities, • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued'improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations — Intolerable behavior or poor performance. 2. Marginal — Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations — Outstanding performance. This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Page 1 of 9 City ManagerA bmanoeEvaluation ForthePeriodo(June2A10thmufi-November2l)10 Section I. Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an 'Y' above the number you feel best describes his performance in that area. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; S = Exceeds Expectations 1. Communications Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: 2. Relationship with City Council X 1 1 2 1 3 1 4 5 Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: Fast resoonse to concerns raised and good follow up. 3. Budgeting 1 1 2 1 3 1 4 1 5 Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: Not enough time has elapsed to rate Mr. Greene. Page 2 of 9 X 1 1 2 1 3 1 4 15 Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: 2. Relationship with City Council X 1 1 2 1 3 1 4 5 Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: Fast resoonse to concerns raised and good follow up. 3. Budgeting 1 1 2 1 3 1 4 1 5 Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: Not enough time has elapsed to rate Mr. Greene. Page 2 of 9 City Manager Perbmance Evaluation ForthePeriod dJune2010through7Vovembw2DI0 4. Financial Management 1 1 2 1 3 1 4 1 5 Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: To early to rate 5. Asset Management X 1 2 3 4 5 Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: His plan to implement a City Wide plan on repair/replacement of infrastructure/equipment is a step in the right direction. 6. Planning and Organization Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: Working to address the needs of the city Within the current budget. 7. Decision Making X 1 1 2 1 3 1 4 5 Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and pro -active manner. Comments: Mr. Greene's decisions come after reviewing all factors in the opportunities the he is resented with. Page 3 of 9 City Manager Performance Evaluation Forft Period dJune2010 through-Vovember20I0 8. Council Meetings Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: Good businesslike approach to the issues presented to us. 9. Professional and Leadership Skills Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude. Comments: Have heard many comments in the community about professional manner and integrity. 10. Community Relations Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: Beginning to get out into the community, a little too earlv to fullv assess. he hasn't had the time to fullv eneaee the community. Other Comments: Page 4 of 9 City ManWPer6o nanceEvaluation ForftPer WdJune2010thra*-November2010 Section II. Skills & Traits Evaluation 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills X 1 2 3 4 5 Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: I believe him to be a good planner, but he's been more active in the organization of the departments, and hasn't had enough time to fully plan for future needs, other than finding out what those needs are. 2. leadership Skills 00000 Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: have heard nothing but positive comments from all the departments on his ability to bring the team together. 3. Negotiating Skills Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: 4. Creativity 0� 00000 Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: Page 5 of 9 City Manager Peftmance Evakaation Forthe Period of June 2010 through—Nwernber2010 S. Honesty/Fairness Is consistently open, straightforward, and impartial. Comments: 6. Adaptability 1 1 2 1 3 1 4 1 5 Responds positively in a timely manner to a changing world and local conditions. Comments: Too early, 7. Initiative l00000l Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: B. Resiliency 00000 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: Motivation is at a high level along with amount of time at work. If there is any stress, it doesn't show. 9. Humor Maintains and shares an appropriate sense of humor to lighten the load. Comments: Page 6 of 9 City Manager Pe furnance Evacuation Forthe Period dJune2DI0thra*-Navember2010 10. Ethical Standards Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: 11. Job Knowledge X 1 1 2 1 3 4 5 Has a solid knowledge of all phases of municipal government. Comments: Mr. Greene has a vast amount of knowledge of municipal government. 12. Operational Efficiency X 1 1 2 1 3 1 4 1 5 Generally obtains the best possible result for the resources expended. Comments: He is working to manage the „resources and personnel in the best interest of the Cid. Other Comments: Page 7 of 9 City Managerftbr nsance Evaluation Forft Period ofJune 2010 through—November2010 Section III. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Department/Division 1 2 3 4 5 City Clerk/Personnel City Treasurer - Audit/Financial Services - Contract Utility Billing Service Community Development - Building - Local Business Tax Receipts - Planning and Zoning Parks & Recreation Public Works - Stormwater - Streets & Beautification - Water Reclamation Engineering Services Contracted Fire/Rescue Services Contracted Police Services Contracted Solid Waste Recycling Contracted Specific Comments: Section IV. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? Page 8 of 9 CKy ManaVPer wnanc9 Evaluation Forthe Pe W of June 20101hm4—November2010 Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? New Objectives: List new priorities you would like to see addressed in the next year. Evaluator Signature Page 9 of 9 Date 4 City MamwPerlbrrrtance Evaluation Forthe Period dJune2010 thro4—November2010 Obiectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations— Intolerable behavior or poor performance. 2. Marginal — Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations — Outstanding performance. This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Page 1 of 9 City ManWPetfamwce Evaluation Forthe Period dJune2010thnx044mwber2D10 Section I. Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an "x" above the number you feel best describes his performance in that area. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: Excellent — Example -> within minutes of an incident; council receives facts by internet and voice to our telephone line — This is important as residents use us for source of information to unexpected events from "why no reclaimed water today" - to - "What was that big boom in our area. ->example of Space Coast League of Cities/Brevard Co. Charter Issue - 2. Relationship with City Council o� Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: Manager is available for both scheduled and unscheduled conferences usuallv from 6:00 in the mornin-a until late in evenina — I have not vet failed to get my questions answered- Establishment of weekly written report of weekly status on assigned tasks to each department provides Council with timely answers for residents 3. Budgeting 000 Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: The reduction in property values and the down turn in our economy has forced our City to evaluate every service we provide — This Page 2 of 9 City ManW Pefonnance Evaluation Forthe Period dJune2010 through-lavember2010 requires a difficult decision by City Manager. Changes had to be made; and will continue as "what is best for our City" with present resources —Staffing and "we have always done this" will have to be iustified more then ever to o9ur residents. 4. Financial Management 00000l Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of eauipment and infrastructure. Comments: Even in the short few months of being our City Manager — the Cities plans, needs, and method of paying for these services have been presented to Council with reasons. A key point of concern was to continue and expand the maintenance of our infrastructure and vehicles — All stormwater lines have been t.v.'ed in last few months; blockages were removed; needed replacements of unserviceable pipes is started and scheduled for needed pipes — vehicles are keeping records on repairs for each vehicle 5. Asset Management Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: City Manager has personally reviewed all of our Citv Buildings and assets — A manv vear delav to Street Department Building roof has been scheduled to stop roof leaks. Sheriffs Department Building is being remodeled. City's obsolete „piece -mill computer system up dating is continuing; being started by our acting City Manager Angela Apperson 6. Planning and Organization Works with the City Council in developing the City's [one and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council: demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: Exceeds my expectations in the items underlined above. Page 3 of 9 C4ManagerPallim noeEvaluationForthePaWdJune2010thmugh—November2a10 7. Decision Making �00000� Makes timely decisions that are well thought out and in the best interest of theCit accepts responsibility for outcomes handles difficult situations in a professional and pro -active manner. Comments: I appreciate the quick response to residents concerns — even if it is not the desired answer thev want, thev have the answer examples is Porter Property — also Pindziak incidents of requests and replies 8. Council Meetings Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff „to.attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: Like the policy of only asking staff to be there if they may be needed for response to a question on theagenda. 9. Professional and Leadership Skills l00000 Represents the City in a professional manner: demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude. Comments: Responds to residents both in verbal contact as well as written. leaves no doubt as to what is expected and time limits to make it happen 10. Community Relations A� 00000 Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: Our back log of delinquent City items such as EARS Plan Amendments; Stormwater consent orders pendin Page 4 of 9 City ManwPeiforrrwce Evaluafion Forthe Period ofJune 2010 thro4—November2010 have not permitted but only a few civic and public meetings — renewing the peacock meetings was a much needed item. Other Comments: Section II. Skills & Traits Evaluation 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: 2. Leadership Skills Builds and motivates a team provides direction and supervision, monitors and adiusts performance as necessary; delegates to appropriate levels in the organization. Comments: In my 26-27 years on this City Council this is the first time Departments are working together for the benefit of all — not each individual Department trying to achieve their individual wants. 3. Negotiating Skills �00000 Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: I cannot fairly evaluate this with other governments As the occasion has not occurred yet — but based on Code Enforcement Issues; Page 5 of 9 City MmmWPerfommnce Evaluation Forthe Period of June2010 through—November2010 citizens request for freedom of information; and a settlement with Towne Reality and possible settlement of 8 year old contract of Dune Crossover with Village of Seaport my rating is a 5. 4. Creativity Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: Staff accents his leadership and challenees to do better. and try a new wav with no hesitation is working. The City Managers response " the City is a work in progress just like everyone of us" and "we don't always get it right, but we are trying" is very positive. 5. Honesty/Fairness 00000 Is consistently open, straightforward, and impartial. Comments: I have found these three underlined items to be very descriptive of his character of management in leadership 6. Adaptability �0 00000 Responds positively in a timely manner to a changing world and local conditions. Comments: Certain a need and I've found it to be there — Important to our City as we want to move forward with our vision plans and become a more progressive City with a different image as seen by visitors 7. Initiative Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: Very strong — He reviews the idea; and if the idea will benefit the Citv. emolovees and residents: immediatelv bee -ins to implement the idea within budizet restraints examples = sidewalk on N. Atlantic Ave completed — repaired of storm drains and lines — removed much from WWTP Ponds — update phone system 8. Resiliency Page 6 of 9 CkyManagerl?ffb►anceEvaluationForthePeriodo(June2010thm44lownber2010 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: I consider myself able to handle these items well — But his ability to keep staff up to the same level as him which matches and exceeds my ability) is unex ected• but verV much valued trait. 9. Humor l000�i Maintains and shares an appropriate sense of humor to lighten the load. Comments: I could rate this either a 4 or 5 — But Humor has not been a time permitted opportunity vet with all the cleaning up of unfinished opportunities in our City. 10. Ethical Standards o� Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: I took this occasion to look up and read the ICMA Code of Ethics — Very High Standards of Expectations for their profession — Our City Manager is able to complete with an manager I know — and win-. 11. Job Knowledge Has a solid knowledge of all phases of municipal government. Comments: Very few people have this level of experience - and it has come from being in the position and actually doing the task — not just reading the principals 12. Operational Efficiency v ool Generally obtains the best possible result for the resources expended,. Comments: My opinion is base on what I have seen accomplished in the time period of June thru November — Since Mr. Greene's arrival many of resolutions and ordinances only dismissed throughout the past years Page 7 of 9 City ManagerPeibmance Evaluation Forthe Period of June2DiOthnwgh-lovember2010 have been brought forward and completed — as well as many discussed but never implemented City proiects. Other Comments: Section III. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Department/Division 1 2 3 4 5 City Clerk/Personnel X City Treasurer X - Audit/Financial Services X - Contract Utility Billing Service I X Community Development X - Building X - Local Business Tax Receipts X - Planning and Zoning X Parks & Recreation X Public Works X - Stormwater X - Streets & Beautification X - Water Reclamation X Engineering Services Contracted X Fire/Rescue Services Contracted X Police Services Contracted X Solid Waste Recycling Contracted X Specific Comments: Section IV. Strengths, Weaknesses, Performance Objectives Page 8 of 9 City Manager Perfionrrarrce Evaluation Forge Period dJune2D10thn*-November2010 Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? This is our 15E evaluation and only for 6 months - Mr. Greene came aboard in a time our City was facing many outstanding and delinquent state requirement; such as our EAR's Comprehensive plan requirement; consent orders on our City by St. Johns Water Management: WWTP mercury inspection; stormwater lines replacement; obtaining Right-of-way for new sewer lines in an old established residential neighborhood; M.P.D.E.S. Stormwater permit due; T.M.D.L. plan; beginning of Cities largest street improvement program (Ridgewood Ave); many smaller city items; and Oust hired a few weeks before the 2010/2011 budget was due — most of available time is utilized in trying to catch up (on prior to his arrival)tasks Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? Encourage Council Members to schedule an appointment with you after each agenda comes out to discuss their questions — rather than have us wait until the night of Council meeting to ask questions that could have been answered before. New Objectives: List new priorities you would like to see addressed in the next year. ➢ Possible re -structure of present Department line up; and evaluate if improvements can be made ➢ Look at cost of our Attorneys for specific correspondence that may not be needed — maybe less expensive to settle the small incident then to go to the next legal procedure with another written reply ➢ Evaluate value received from our present engineer for work paid for in the last 2-3 years ➢ Possible hire a planner as needed rather than a full-time benefit employee ➢ Itemization for public to see all our process of implementing vision plan ➢ Review all of our present volunteer Board as to the need and consolidate P& Z & Community Appearance o� caaj �e�_ Eval ator Signature Page 9 of 9 Date Angela Apperson From: C.Shannon Roberts [csroberts@cfl.rr.com] Sent: Thursday, October 28, 2010 9:11 AM To: Angela Apperson Subject: Draft City Manager Evaluation Attachments: City Manager Evaluation - 2010.rtf; ATT00001 Axt Angie, Good morning! Please find attached for your consideration the draft evaluation. I look forward to your feedback as we put this in final. Thank you for your help with this! Shannon I Angela Apperson From: C. Shannon Roberts [csroberts@cfl.rr.com] Sent: Thursday, October 28, 2010 12:42 PM To: Angela Apperson Subject: Suggested correction to Police Services section Angie, I forgot to add the suggestion regarding drug activity in our City in the earlier draft you have. The following is the corrected version for the Police Services portion of the evaluation: Police Services The Sheriffs Precinct is doing an outstanding job of providing Iaw enforcement services to our City. The Deputies are thoughtful, yet responsible in their enforcement actions, which means a lot to our residents and our visitors. The criminal activity graph is most helpful in understanding the frequency and location of crime in our City. Suggested is the addition of drug activity -related data, so that we are more cognizant of this serous problem in the City and the corrective actions being taken. I am hopeful more emphasis will be given to community policing in the future, with neighborhood watch outreach to our communities and a tracking of how many have been started and sustained each year. In addition, I hope that the City introduces a red light system, in coordination with Public Works, that cuts down on running red light behaviors, which are so dangerous and often result in loss of life. I am very supportive of the new facilities which will be made available to the Precinct, relieving them of extremely crowded conditions and providing them with more quality work space to perform their duties. Many thanks again for your help with this! Shannon City IVlanagerMoimance Evaluation Forthe Period dJune2010 Rough -No vember20Io Obiectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations — Intolerable behavior or poor performance. 2. Marginal — Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations -- Outstanding performance. This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Page 1 of 13 CityManagerPw manoeEvaUldonForthePerioddJune2010thnxxfi—Namnber2010 Section 1. Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an "x" above the number you feel best describes his performance in that area, 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: David communicates well with the Department heads and employees; spending time with there, listening to them, communicating his goals and expectations of them, and following up with them to ensure goals have been accomplished. He has also been responsive to members of the public and the Council when they have come to see him or written to him. He has an open door policy, which is very good. We are still experimenting with a City newsletter in terms of scope and frequency, and the web site is used often as a communications tool with the community. Opportunities for improvement include press releases especialIV with respect to employee recognition and major events and initiatives. Given the wealth of his experience and the richness of his perspective, I am hopeful he will be active over time with various government and community groups, representing the City in these forums where it is desirable to have his leadership present. I am hopeful he will begin communicating a City Manager's report each week or perhaps each month, so we are more aware of what he is doing as the CEO of the City, relative to what the De artment Heads are doing. I anticipate he will communicate his plans for the future and the economic outlook for the City in January 2011's State of the City Report, which will complement what the Mayor has to say. 2. Relationship with City Council Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: David communicates with City Council at the Council meetings and in response to specific Council member inquiries. Suggested improvements include providing the Council member's question in the e-mail he is responding to as part of his sharing with other members his response, so we understand the context of the individual Council member's inquiry in the first place. David is very accessible to Council and does a great job of interpreting Council, intent and carrying out Page 2 of 13 City Manager PWonnance Evaivallion Forthe Period o(June2010 through—November2010 that direction. We are looking forward to hearing more from David as he advises Council in a variety of areas, particularly the well researched facts he brings to us to help Council with decision-making. 3. Budgeting Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: At the onset, I believe David demonstrated his wisdom and significant experience with his interpretation of the City's budget, the goals of Council for the upcoming year, and his advice with respect to the potential of leveraging the City's resources for a better future, consistent with the community's visioning goals. I believe David has the expertise to help the City take advantage of grants and other creative means of optimizing our resources, as well as attracting new businesses to our community. I appreciate his "can do" attitude and efforts to bring more creative and progressive budgeting practices to the City. David also ensured, along with staff, that our budget was timely. 1 understand he will be working with the City Treasurer to improve the budget presentation and make it more Council -layperson friendly and understandable. It is suggested that the City seek recognition for budget formulation/excellence, which we understand is available at the State level. 4. Financial Management d0000 Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: Again, I believe David is introducing progressive financial management practices to the Citv. helping us be realistic in our oroiections and plans for the future. i believe he will help us leverage our resources appropriately, providing for a more progressive, modernized City_. When asked at Council meetings, he is knowledgeable about the City's finances and serves as an appreciated complement to the City Treasurer with respect to our financial constraints and health. Asset Management 00000 Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: I believe David brings to us the knowledge and experience to oversee with a vision for the future the appearance and condition of the City facilities, equipment, and vehicles, introducing green energy options where appropriate as we work towards being an energy independent community. I anticipate that with his leadership, the Citv's new fire station will be a ereen, LEED certified facilitv. setting an examole for future green Citv facilities in the future. Page 3 of 13 City ManWPerfor ra ce Evaluation Forthe Period of June 2010 thro4-Nouember2010 6. Planning and Organization 2 1 3 1 4 5 Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: Early on David has demonstrated his responsiveness and resourcefulness in helping the City move progressively forward for the future, understanding last year's visioning efforts, this year's Council goals to implement that vision, and providing his counsel to. Council as appropriate. believe the distinctions_ between the Council's vision, the staff's goals and objectives, and policy, program, product and service implementation need to be clarified and planned for in more detail, as well as accounted for in the future. Given David's significant leadership and -experience as a Ci Manager, 1 believe this will be accomplished in future visioning and strategic planning efforts. 7. Decision Making 0000 Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and pro -active manner. Comments: I believe David has great potential as our new City Manager and will bring his wealth of experience to our City and help lead us forward aggressively and responsibly. When he first came to the City, he was met with some challenging internal and community issues, which I believe he dealt with admirably_ and responsibly, considering their sensitivity and scope. S. Council Meetings Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: David has attended all the meetings and, arranged for the appropriate staff to attend, reducing the number who attended in the past to keep costs down as well as add to their quality of life with fewer meetings to attend. Some of the staff reports have led to "hot button" Council and community discussions and resulted in more time than planned for Council deliberation and community involvement. This is understandable as we calibrate during these initial months of working together. The agendas are most timely, and the reforms David has introduced, particularly with respect to the "Consent Agenda" approach have resulted in much shorter Council meetings, which is greatly appreciated. Page 4 of 13 C4 Manager Pe amok a Evakkilbn Forlhe PWW of June 2490 thm4-November2010 9. Professional and Leadership Skills Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude. Comments: I believe David represents the City in a highly rofessional manner, demonstrates a high degree of integrity, and has displayed his ability to deal with difficult community issues from the onset. He is most courteous, tactful and skilled in dealing with others and is overall most personable and warm in his demeanor, which has meant a great deal to Council, staff, and the community. 10. Community Relations Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: It is still somewhat early in David's tenure as City Manager to expect him to have established relationships with key community groups and organizations in the area. He has attended few community functions to dateprobably because of still transitioning to the area. He did an excellent job of speaking before the Cape Tort Canaveral Kiwanis Club on Wednesday, October 27th, providing a most informative overview of where he sees the City is right now and the challenges we are facing ahead. He was articulate and succinct, touching on facts and perspectives most useful to this. group of community members. He has handled a barrage of citizen complaints uniquely occurring during his initial months with the City and has handled them most professionally and responsibly. Other Comments: Section H. Skills & Traits Evaluation 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills Page 5 of 13 city Manager Perform Evaluation Forthe Period dJune201othm4—November201a 1 1 2 1 3 1 4 1 5 Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: I believe David will provide the City much needed leadership in anticipating our future needs, balancing the need to pay for ongoing operations with that which is needed to provide for a progressive future. I am looking forward to the advanced planning practices and techniques he will be introducing to the City, when he has had more time with us to do so. 2. Leadership Skills io--000i Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: David is building the City. staff team. motivating them towards excellence with his oarticioative stvle and clear guidance and direction. Staff say they respect him and believe his leadership style is appropriate for the City at this time. David delegates responsibility, holding staff accountable for planning and performance. 3. Negotiating Skills Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: During his first weeks on the iob, David had to deal with several conflicts in the Citv. 1 was impressed with his honesty. listening skills. and abilitv to bring divergent Darties together. He kept Council aonrised of developments and the issues involved throughout, which was much appreciated. 4. Creativity Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: Given David's awareness of best practices, i anticipate we will see effective, efficient, and innovative solutions to the challenges of the City., particularly with respect to administrative and business practices and improvements necessary. S. Honesty/Fairness Page 6 of 13 OyNhr aW Pe fonnanc a Evakaaiion Forthe Period dJune2610 thro4—November2010 1 1 2 1 3 1 4 1 b Is consistently open, straightforward, and impartial. Comments: I believe David is very honest and has the utmost integrity in dealing with matters of the City. 6. Adaptability 000 Responds positively in a timely manner to a changing world and local conditions. Comments: David is still in the transition period of working with the City and Council. I anticipate he will become increasingly adaptable as he becomes more familiar with the City and our business and cultural norms. 7. Initiative 00000 Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: David has many initiatives in mind that 1 feel confident will be revealed in the near future. 1 realize we are still in the initial transition Deriod and that it is too early to see the changes he has in mind and would like to introduce to the City. S. Resiliency �000 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: David has been extremely resilient during these first months, dealing with unanticipated conflicts in the City, as well as his family_ transition to the area. We are grateful for his "faith" in the City and the promise he sees for a better future. 9. Humor 0 � O Maintains and shares an appropriate sense of humor to lighten the load. Comments: David is a very pleasant manager, reachable andgood-natured in ever y respect. I believe his positive, "can -do" approach to the City is a distinct plus for the City. 10. Ethical Standards Page 7 of 13 CityManagerPerb nanceEvaluationForthePerioddJune2010through-Vovember2010 Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: My sense is that David is doing everything he canto make sure the staff are good stewards of the City's finances. In addition I believe he is of the highest integritV in dealing with people and matters impacting the City. 11. Job Knowledge 000 Has a solid knowledge of all phases of municipal government. Comments: David comes to the City of Cape Canaveral with a wealth of knowledge given his extensive previous experience as a City Manager and senior executive. He is a progressive leader who will help provide creative options for the Council to consider in moving this City forward and being the "best it can be" in the 21st Century. 12. Operational Efficiency Generally obtains the best possible result for the resources expended. Comments: It is too early to discern what David will do in terms of operational efficiencies. During our review of the Citv's budeet. we discussed opportunities for staff savings, as well as procedural improvements and efficiencies. I am hopeful we will see the specifics and results of David's leadership initiatives in this respect in the near future. Other Comments: Section 111. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Department/Division 1 2 3 4 5 City Clerk/Personnel City Treasurer - Audit/Financial Services - Contract Utility Billing Service Community Development - Building - Local Business Tax Receipts Page 8 of 13 City ManagerPeifomwm Evaluation ForthePeriodoli June249011no-November2010 - Planning and Zoning Parks & Recreation Public Works - Stormwater - Streets & Beautification - Water Reclamation Engineering Services Contracted Fire/Rescue Services Contracted Police Services Contracted Solid Waste Recycling Contracted Specific Comments: City Attorney believe the City Attorney is doing an excellent job. Improvements suggested include a quicker turnaround in products and services being provided. City Clerk/Personnel I believe the City Clerk and Deputy City Clerk have been acting in an outstanding manner during this review period. The City Clerk who was acting City Manager during the leadership transition was extraordinary in her ability to help lead the City during this critically important time. She has also been extremely helpful to the new City Manager in helping him transition into the City and the position. The Deputy City Clerk did an outstanding iob of filling in behind the City Clerk during the transition time, as well as does an exemplary iob of representing the City as the initial interface with the public in City Wall, taking care of their concerns from the onset of their visit. Recommendations for improvement include the City's consideration of a separate human resource manager or contracted capability to make sure the City is receiving professional help in this area rather than human resources being a collateral duty of the Clerk. In addition, it is recommended that the City's administrative processes and forms management be improved, such that the City's ordinances are simplified, processes associated with them flowed, and implementation forms coded so that it is easy to track the City's whole documentation management system. City Treasurer Audit/Financial Services Contract Utility Billing Service believe the City Treasurer and her team are doing an excellent iob-as well. The City's finances are healthy, considering the ongoing leadership and stewardship of the City Treasurer, which is extremely good considering the economy. I am hopeful the auditor/financial services will do a better iob in the future in helping the City discover discrepancies in such matters as the storage and use of leave, as well as help us identify other internal management improvements that should accompany a financial audit, in my opinion. I also believe the City's budget and financial reporting can be made more lay person friendly, so that it is easily understandable and traceable. I recommend that the City strive for budget formulation and execution system recognition excellence such as that received by our neighboring city Cocoa Beach. Page 9 of 13 City ManW Per wnanoe Evaluadon Forthe Period aPJune 2010 thra*—November?A10 Community Development Building Local Business Tax Receipts Planning and Zoning 1 believe Community Development is doing the best thev can with available resources. I am concerned that the Department's business processes have not been flowed to help the public understand more clearly the processes` steps responsible parties, and timelines. In addition, forms need updating, coding and linkage with the appropriate Citv ordinances as part of an overall documentation management system for the City. I believe the Building Department is short-staffed, particularly in the enforcement area. The Building Department is to be commended for developing a local business tax receipt system that enables us to determine easily the businesses in the City and their respective categories and contact information. This will help us work with the City's businesses more effectively in the future particularl as we develop strategic outreach to the businesses. With respect to planning, it is recommended that our interface with our customers be more timely, the processes and timelines made clear to them, and that the City Planner expand his outreach and build his relationships with external community groups with respect to planning and economic development, e.g., other cities, the EDC, Central Florida Partnership. In addition, it is recommended that we improve the timeliness of our response to the State with respect to the Comprehensive Plan and related planning initiatives, as well as we broaden the scope of the geographical area being considered by the City for a CRA. I believe we need to have a progressive plan for the City's future, and the City Planner is critical in helping us have that. Parks & Recreation Parks and Recreation are to be commended for the multiple initiatives thev have underway. particulars the new "Movie in the Park" and Street Fest which are bringing the community together in ways that we had not seen previously. The Director and staff are doing an extraordinary iob with each activity, and we aDDreciate their creativitv and initiative in providing such a broad arrav of services to the community, particularly our youth, It is hopeful the City makes significant progress with respect to a multi -generational community center in the near future, taking advantage of grants which may be available to help us do so. 1 hope that the Department seeks grants to provide for a northeast City Park, as well as improvements in Cherie Down Park (if the City is successful in transitioning this from the County) to provide for perhaps an amphi- theatre or community gathering place, as was envisioned by the community as a result of the Visioning Process. Public Works Stormwater Streets & Beautification Page 10 of 13 City Manager%fonrenoe Evakia m Forthe hero of June2010 through -Na mber2010 Water Reclamation Thanks to the Public Works Department for all they do to improve our stormwater system, maintain our streets and beautify our City. In particular, the grants which have been sought for stormwater improvements have saved the City significant resources and also improved our system. I hope that we invest in the modernization of our public works facilities, providing whole system rather than piecemeal solutions. In addition, I hope that we introduce Master Planning as a capability in the City, providing master plans for sidewalks, bikeways, crosswalks, roads, street lighting, bus shelters, stormwater, etc., throughout the City for a_ minimum of 20 years. I recommend that this system be automated, so that the Council and community can track our progress and costs each year relative to our ultimate goals of modernization and maintenance. I also hope that we have additional marked crosswalks, particular) across AIA, that help our pedestrians cross safely at key crossing areas. Additionally, improved lighting along our streets to make them safer. Thanks for the work that has been done on the Ridgewood Avenue Streetscape. This was an excellent example of where the staff sought available funds to help offset the City's costs. We are hopeful the North Atlantic Streetscape is not far behind, since the community in the northeast part of the City are anticipating that. Engineering Services Contracted Thanks to the Engineering Services contractor for their services. Improvements suggested include better cost estimations at the start of proiects,_ so that Council and staff are not surprised by subsequent project developments and associated additional costs. Fire/Rescue Services Contracted Thanks to Eire/Rescue Services for an extraordinary iob well done and continuous outstanding service to the City and its residents. We are looking forward to supporting ou with a new fire department as soon as possible, which will be a green building that is LEED certified using the guidance and wisdom of our new City Manager during the process. Police Services Contracted The Sheriff's Precinct is doing an outstanding iob of providing, law enforcement services to our City. The Deputies are thoughtful, yet responsible in their enforcement actions, which means a lot to our residents and our visitors. The criminal activity graph is most helpful in understanding the frequency and location of crime in our City. Suggested is the addition of drugactivity ctivity related data, so that we are more cognizant_ of this serious problem in the City and corrective action being taken. I am hopeful more emphasis will be given to community policing in the future, with neighborhood watch outreach to our communities and a tracking of how many have been started and sustained each year. In addition, I hope that the City introduces a red light system, in coordination with Public Works, that cuts down on running red light behaviors, which are so dangerous and often result in loss of life. I am very supportive of the new facilities which will be made available to the Precinct, relieving them of extremely crowded conditions and providing them with more quality work space to perform their duties. Solid Waste Recycling Contracted Based on community feedback, I believe the residents are extremely pleased with the new solid waste Page 11 of 13 City ManagerPerfamance Evaluation Forft Period of June 2010 throw-Novmtff2010 contractor and the improvements the new contract has brought in terms of services and reduced costs. It will be helpful for the contractor to present to Council and the community a better understanding of how our materials are being recycled and benefit the broader community as a result. Also suggested is an educational outreach to the community, informing the residents of the benefits of recycling. Overall Comments: Overall, I believe we have a great staff who perform to the utmost with minimal available dollars. I appreciate the contracts we have with the Fire and Sheriff's Departments to provide high quality, modernized, and customer focused services in the critical public safety areas. i believe we need to make sure the City is appropriately staffed for the future, providing for succession planning, professional development, and recognition of work well performed. The City's staff are our front-line with our residents and visitors and must be supported fully in providing high quality and timely services in every arena of the City's responsibilities. Section IV. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? David's extensive managerial and leadership background is a definite asset to the City. We are most fortunate that he is here to provide his leadership for the changes the City must make as we move into the future. His awareness of best practices, his ability to leverage available resources, and his interpersonal skills in working effectively with Council and the staff are all strengths that David brings to the mob and to the City. Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? N/A New Objectives: List new priorities you would like to see addressed in the next year. I recommend we take advantage of David's wealth of knowledge based on his extensive executive experience, his green energy expertise, and his knowledge on how to leverage available resources in the best interest of the City and our future. Objectives include: visioning_ implementation; a new fire department; North Atlantic Streetscape; a new town center; transition of Cherie Down Park to the City; a new northeast city park; master planning; a new document management system; improved business processes: and, executive community outreach, representation and relationship building with key groups in the County and Central Florida. We are looking forward to hearing the specifics of David's planning for the City based on his first months of transition as soon as he is ready. We cannot wait (smile)! Page 12 of 13 City ManagerPerforrnarmEvaluati�on ForftPeriod ofJune2010thra*-NovemberMO Submitted electronically—Original to be signed Evaluator Signature Page 13 of 13 Date Angela Apperson From: Betty Walsh Sent: Monday, October 18, 2010 3:23 PM To: Angela Apperson Subject: City Managers Interim Review Attachments: CM Performance Evaluation Final 10-2010 D Greene 4 month.pdf Hello Angie - I believe you need this information today or maybe sooner. What's interesting about this form it does not have the person's name on it. Normally on the first page of a review reflects the person name, their title as well as the reviewer's name and title and the the period the review is for (which this one has as a heading). Another norm is to have a section for the the person who is receiving the review to sign and date it - just some thoughts ............. How does this work - are we suppose to be meeting individually with David Greene to go over the review? Thanks Betty 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 City MlanagerPe finance Evaluation Forthe Period of June2i110thm4-Octaber2010 Obiectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an 'Y' on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations — Intolerable behavior or poor performance. 2. Marginal — Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations — Outstanding performance. This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Page 1 of 9 City MmmWPer%m=ce Evaluation Forte Period of June2010#Ym0-0dober2010 Section I. Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an "x" above the number you feel best describes his performance in that area. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications oaaoo Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments • Would like to see David Greene be more involved at council meetings and committee meetings • In instances Mr. Green has spoken to a topic, he can be more precise rather than long winded • Have not observed the utilization of the "tools" mentioned above 2. Relationship with City Council �aaoo Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: • Would like to see David Greene be more involved at council meetings 3. Budgeting �00000 Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: • Mr. Greene was hired as the City Manager approx. 4 months ago and was brought in near the end of the budgeting process. Page 2 of 9 CRyManagerPerlbrrmce Evaluation Forthe Period dJune2010thro4-Octaber2010 • 1 hope to see permanent cost cutting efforts implemented as well as revenue generating measures obtained so existing tax dollars can be allocated to meet the goals of the city. 4. Financial Management oaaoo Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: • As Mr. Greene has been with the city a little over 4 months, I hope to see more of this in the future. unable to evaluate at this time. 5. Asset Management �oa000 Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: • Mr. Greene has been with the city a little over 4 months. I hope to see more involvement regarding this dimension in the future. 6. Planning and Organization 000ao Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: • Mr. Greene has been with the city a little over 4 months, I hope to see more involvement regarding this dimension in the future and look forward to hearing his recommendations. Unable to evaluate at this time. Page 3 of 9 cityManWPerl'amancePvalua onForthePeriodal'June201O#ra*-Od)ber20Ia 7. Decision Making X0000 Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and pro -active manner. Comments: 8. Council Meetings �oaaoo Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: • 1 would like to see Mr. Greene participate more in discussions and provide recommendations and suggestions to council. 9. Professional and leadership Skills Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude, Comments: 10. Community Relations ooaoo Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: • At this time I have not observed much in this category • As Mr. Greene has been with the city a few months, I hope to see more of this in the future. Page 4 of 9 City Manager Pabmanoe Evaluation Forthe Period of June 2010 #vm4 -0ctober2010 Other Comments: As this is an interim review and Mr. Green has been with the city only about 4 months, it is difficult to evaluate him/his performance in many of the categories on this review at this time as much has not been observed. Section II. Skills & Traits Evaluation 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills 00000 Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: • Mr. Greene has been with the city a little over months - cannot evaluate at this time 2. Leadership Skills Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: • Mr. Greene has been with the city a little over 4 months —The employees that I have spoken to seem to be favorable towards Mr. Greene being the leader of the city. 3. {negotiating Skills 00000 Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: • Mr. Greene has been with the city a little over4 months - cannot evaluate atthis time. Page 5 of 9 Cly Manager Performance Evaluation Forme Period ofJune 2090 thno-0dober2090 4. Creativity oa��o Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: • Mr. Greene has been with the city a little over 4 months - cannot evaluate at this time. S. Honesty/Fairness 00000 Is consistently open, straightforward, and impartial. Comments: 6. Adaptability �oaaoo Responds positively in a timely manner to a changing world and local conditions. Comments: 7. Initiative 1 1 2 1 3 1 4 1 S Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: • Mr. Greene has been with the city a little over 4 months - cannot evaluate at this time but I am looking forward to see how Mr. Greene will improve the organizational effectiveness and efficiency of the city over the next 6 to 8 months during his first year as Manager and CED of the city. 8. Resiliency ooaoo Page 6 of 9 CRY Manager Performance Evakiation Forthe Period of June2010tftm4-0ctober2010 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: 9. Humor oaoao Maintains and shares an appropriate sense of humor to lighten the load. Comments: 10. Ethical Standards oaaoo Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: 11. Job Knowledge �00000 Has a solid knowledge of all phases of municipal government. Comments: 12. Operational Efficiency Generally obtains the best possible result for the resources expended. Comments: • Mr. Greene has been with the city a little over 4 months - cannot evaluate at this time but I am looking forward to see how Mr. Greene will improve the organizational effectiveness and efficiency of the city over the next 6 to S months during his first year as Manager and CEO of the city. Other Comments: As this is an interim review and Mr. Green has been with the city only about months, it is difficult to evaluate him/his performance in many of the categories on this review at this time as much has not been observed. Page 7 of 9 Cky Manager Pe bmance Evaluation Forft Period ofJune 2010thn0-October2010 Section Ill. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Department/Division 1 2 3 4 5 City Clerk/Personnel City Treasurer - Audit/Financial Services - Contract Utility Billing Service Community Development - Building - Local Business Tax Receipts - Planning and Zoning Parks & Recreation Public Works - Stormwater - Streets & Beautification - Water Reclamation Engineering Services Contracted Fire/Rescue Services Contracted Police Services Contracted Solid Waste Recycling Contracted Specific Comments: As the City Manager is the CEO of the city, it is expected that the City Manager will lead and manage the city in the most efficient and effective way. Permanent expense reduction efforts as well as increased revenue streams are necessary to best utilize the tax payers dollars. As Mr. Greene has been with the city approx. 4 months and comes to the city with vast experience, the next 6 to 8 months will allow him more time to portray his skill set and leadership abilities as he completes a full year improving both the organization structure and the quality of service of the city while moving the city forward. Page 8 of 9 City Manager Performance Evaluation Forthe Period of June2010thn0- 0dober2010 Section 1V. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? As previously stated - this is an interim review and Mr. Green has been with the city only about 4 months. It is difficult to evaluate him/his performance in such a detailed review. The weekly update report and the reduction in timeframe of the Council meetings has been a welcomed change! Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? As previously stated - this is an interim review and Mr. Green has been with the city only about 4 months. It is difficult to evaluate him/his performance in such a detailed review. would like to see Mr. Greene participate more in discussions and provide recommendations and suggestions to council during the council meetings as well as to Committees/Boards during Committee/Board meetings. New Objectives: List new priorities you would like to see addressed in the next year. None at this time as there are many goals and objectives that have been identified and prioritized that need attention and completion. Evaluator Signature Date Page 9 of 9 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/04/2010 Item No. 6 Subject: Ordinance No. 15-2010, adopting amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets for the Fiscal Year beginning October 1, 2009, and ending September 30, 2010; providing for an effective date. Department: Finance Summary: The City Council passed Ordinance No. 15-2010 at the first hearing on October 19, 2010. Notice of Public Hearing for the second reading is scheduled to be published in the Florida Today newspaper on October 23, 2010. Amendments to the Fiscal Year 2009/10 Budget have been made on a quarterly basis over the past year. The final Fourth Quarter Budget Transfers contain any end of year adjustments in addition to those made during the quarterly analysis. These amendments are identified in detail in the attached Fourth Quarter Budget Transfers document. Requested Council Action: Adopt Ordinance No. 15-2010. Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: '10 Attachments: 1. Ordinance No. 15-2010 2. City of Cape Canaveral Fourth Quarter Budget Transfers for FY 2009/2010 Submitting Department: City Clerk's Office. Date: 10-22-2010 Approved by City Manager: David L. Greene Date: /0 f,;14 !10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 15-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30,2010; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2009, and ending September 30, 2010, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day November, 2010. Rocky Randels, Mayor ATTEST: FOR AGAINST Bob Hoog Angela Apperson, City Clerk Buzz Petsos Rocky Randels Roberts, Shannon APPROVED AS TO FORM: Betty Walsh Anthony A. 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In u9 to u9 m co w co 0o co m co co 0o 00 r r r T O O O O O O O O O b O CD b b b b b b b b b b It lqr IT Rr �r �r I�r lzr 'C C City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/04/2010 Item No. 7 Subject: Ordinance No. 16-2010, Amending Chapter 74, Traffic and Vehicles, of the Cape Canaveral Code of Ordinances to expressly prohibit the stopping, standing or parking of vehicles on any portion of a right-of-way, whether improved or unimproved; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; Severability; and an effective date. Department: Administrative Summary: The City Council passed Ordinance No. 16-2010 at the first hearing on October 19, 2010. Notice of Public Hearing for the second reading is scheduled to be published in the Florida Today newspaper on October 23, 2010. With the installation of the new pedestrian facility and sidewalks along Ridgewood Avenue the number of complaints related to vehicles parking on these facilities has increased. At the direction of the City Council, an Ordinance was drafted by the City Attorney's office to expressly prohibit the stopping, standing or parking of any vehicle within the right-of-way. A meeting was held to discuss the draft Ordinance. The following table indicates the items discussed and the corresponding result: Item Result Ordinance will force people to change their Compelling compliance is likely to behavior and current parking practices. produce some negative sentiment. It is There may be properties having adequate expected that compliance will be parking available if the garage is used, but obtained over time with a few isolated said garage is being used for storage. recurring issues. The need for an educational campaign Would be started immediately by the Canaveral Precinct. Statistics related to the educational campaign are attached. The need to accommodate properties A second paragraph was added to the where parking was approved in the right -of- Ordinance to address legally non - way as a part of the original site plan and conforming properties. there is no available space to relocate the parking facilities. These areas are deemed legally non -conforming. Beach -end parking is in the right-of-way. A second paragraph was added to the _ Ordinance to address beach -end streets. Private Streets Private streets would not be affected by this Ordinance, as the City has no enforcement powers at these locations. The need for signage There is no re uirement to post signage Continuation of Ordinance No. 16 Requested Council Action: Adopt Ordinance No. 16-2010. Financial Impact: Cost of preparation, advertisement and inclusion in the Code of Ordinances. Although compliance is our goal, one can expect some tickets to be issued which would produce revenue. Reviewed by City Treasurer: Andrea Bowers Date: 101W10 Attachments: Ordinance No. 16-2010 Submitting Department Head: Angela M. Apperson Date: 10/22/2010 Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 16-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 74, TRAFFIC AND VEHICLES, OF THE CAPE CANAVERAL CODE OF ORDINANCES TO EXPRESSLY PROHIBIT THE STOPPING, STANDING OR PARKING OF VEHICLES ON ANY PORTION OF A RIGHT-OF-WAY, WHETHER IMPROVED OR UNIMPROVED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council believes it is in the best interests of the safety, health, and welfare of the citizens of the City of Cape Canaveral to maintain its rights-of-way and sidewalks, whether improved or unimproved, clear of parked or stopped vehicles; and WHEREAS, prohibiting the stopping or parking of vehicles in the rights -of way is necessary for purposes of ensuring adequate vehicular access for police and fire protection, enhancing the visual appearance of neighborhoods, and reducing traffic congestion and on -street accidents; and WHEREAS, the City Council believes that keeping its rights-of-way and sidewalks free from parked or stopped vehicles will facilitate the safe travel of vehicles, pedestrians, bicyclists and joggers; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 74, Traffic and Vehicles, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and strikeon type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 74. It is intended that the text in Chapter 74 denoted City of Cape Canaveral Ordinance No. 16-2010 Page 1 of 3 by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 74. TRAFFIC AND VEHICLES ARTICLE III. STOPPING, STANDING, PARKING Sec. 74-56.5... Stopping. standing or parking in right-of-ways prohibited. In addition to any prohibition imposed by state law, no person shall stop. stand or park _a vehicle on any -portion of a right -of way, improved or unimproved, including on a sidewalk or on the paved portion and any shoulder or berm, except when necessary to avoid conflict with other traffic. or to comply with Iaw, the directions of a police officer or official traffic device. The term "sidewalk" shall be as defined in section 316.003, Florida Statutes, and shall include any portion of a sidewalk that traverses a driveway. This section shall not be construed to prohibit the parking of vehicles on beach -end streets where expressly authorized by the City Code, nor shall it be construed to prohibit parking on designated parking areas located in rights-of-way which are legally nonconforming as of [effective datel, 2010. x3e� Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon City of Cape Canaveral Ordinance No. 16-2010 Page 2 of 3 adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 4th day of November, 2010. ATTEST: ANGELA APPERSON, City Clerk First Reading: October 14, 2010 Legal Ad published: October 23, 2010 Second Reading: November 4, 2010 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 16-2010 Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/0412010 Item No. Subject: Ordinance No. 17-2010, amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances to add Assisted Living Facilities as a Special Exception Use in the R-3 Medium Density Residential District and the C-1 Low Density Commercial District subject to certain requirements; updating definitions; providing for parking requirements; making conforming amendments to Chapter 110; providing for the repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability, and an effective date. Department: Community Development Department Summary: Danny Ringdahil, owner and developer of Puerto del Rio condominiums, wants to construct an assisted living facility on the undeveloped portion of his property. The City Code allows adult congregate living facilities as a Special Exception in R-1 zoning, but it does not specifically address assisted living facilities. Staff considers an assisted living facility to be a needed housing option in the community. Mr. Ringdahl's proposed project is appropriately located and is an important economic development opportunity. Staff asked the Planning and Zoning Board at its Wednesday, August 25, 2010 meeting to consider adding Assisted Living Facilities as an allowable use. The Board discussed the appropriateness of allowing this use and approved a motion recommending that the City Council direct Staff to prepare an Ordinance amending the Code to allow for assisted living facilities. At its September 7, 2010 meeting, City Council considered the issue and the P&Z recommendation, and passed a motion directing Staff to prepare an Ordinance allowing for assisted living facilities. Staff drafted the proposed Ordinance and it was discussed and amended by the P&Z Board at meetings on September 22, 2010 and October 13, 2010. On October 13, the P&Z Board recommended approval of Ordinance No. 17-2010 which allows for assisted living facilities as a Special Exception Use in R-3 and C-1 zoning districts in accordance with special criteria. Analysis: Staff research revealed that an assisted living facility (ALF) unit does not create the same demand on services as that of a typical residential unit; therefore, most local governments have adopted either a conversion factor or a conversion formula to equate an ALF unit to an equivalent residential unit. As shown in Table #1, according to the ITE trip generation manual, transportation demand for an ALF unit is 17 percent that of a single family residence. The water and sewer impact is from 28% to 54% that of a single family residential equivalent. As depicted in Table #2, conversion factors range from 2.0 to 4.0 beds or persons to one equivalent residential unit (one bed equals one person). According to 2000 census data, the City_ averages 2.49 persons per household. Therefore, Staff and the P&Z Board agree that a conversion factor of 2.5 assisted living beds to one dwelling unit is appropriate for the City. Staff researched the ordinances of other local governments (see Table 3 - Comparison Matrix) and found that most local governments allow for assisted living facilities (ALF) or adult congregate living facilities (ACLF) as a special exception in multi -family and commercial zonings. Most included special criteria for ALFs. Staff and P&Z agree the Ordinance should include criteria to address: 1) enhanced setbacks, 2) minimum lot size, 3) minimum unit sizes, 4) special standards for loading docksldumpster areas, and 5) parking standards. Special setbacks and buffering are typically called for to provide additional protection for adjacent residential uses. The Ordinance calls for front, side, and rear setbacks of 25 ft. and a 50 ft. setback from all adjacent residential lot lines. In addition to enhanced setbacks, the Ordinance calls for enhanced screening and buffering for loading docks/ dumpster areas. In an effort to ensure that ALF projects are of the desired quality and economically feasible, a minimum of 5 acres for the property has been called for in the Ordinance. This approach is similar to that taken with hotels, where a minimum of 5 acres of land is required for each hotel project. Some members of the P&Z Board have had recent experiences with ALFs and were concerned that the state standards of 80 square feet (s.f.) per person are not adequate. A minimum of 400 s.f. for a single bed unit and a minimum of 700 s.f. for a double bed unit have been proposed. The proposed Ordinance calls for specific parking requirements for assisted living facilities: one parking space for each employee on the largest working shift plus two spaces for every three living units. A definition for assisted living facility was added and the definition of adult congregate living facility was deleted as was its reference as a Special Exception Use in R-1. Adult congregate living facility is an old term that is no longer defined or referenced in the Florida Statutes. The Board has proposed deleting Adult Congregate Living Facility as a Special Exception Use in R-1 and is not proposing to replace it with assisted living facility. According to business tax receipts records, there are no ACI -Fs in operation and there has been no demonstrated demand for such use in the R-1 zoning district. Staff and Planning and Zoning Board Recommendation: Adopt Ordinance No. 17- 2010 which adds Assisted Living Facilities to the list of Special Exception Uses in the R- 3 and C-1 zoning districts with special criteria as listed in the Ordinance; adds a definition for ALF with a conversion factor of 2.5 beds equals one dwelling unit; and deletes all references to adult congregate living facility. City Manager Recommends: That City Council adopt Ordinance No. 17-2010. 2 Financial Impact: None Reviewed by City Treasurer: Andrea Bowers Date: /0 at o Attachments: (1) Ordinance No. 17-2010. (2) P&Z min s. 41 Submitting Department Head: Barry Brown Date: 10/26/10 Approved by City Manager: David L. Greene Date: /O a7f/o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain A �a e h;44 gym,+ I ORDINANCE NO. 17-2010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA., AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES TO ADD ASSISTED LIVING FACILITIES AS A SPECIAL EXCEPTION USE IN THE R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT AND THE C-1 LOW DENSITY COMMERCIAL DISTRICT SUBJECT TO CERTAIN REQUIREMENTS; UPDATING DEFINITIONS; PROVIDING FOR PARKING REQUIREMENTS; MAKING CONFORMING AMENDMENTS TO CHAPTER 110; PROVIDING FOR THE REPEAL OF PRIORINCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council believes the City of Cape Canaveral community and its citizens would benefit from assisted living facilities and that assisted living facilities provide important and beneficial services; and WHEREAS, the City Council desires to amend the City Code to permit assisted living facilities by special exception in certain zoning districts as set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapterl 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of City of Cape Canaveral Ordinance No. 17-2010 Page 1 of 6 this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Assisted living facility shall mean any building or buildings, section or distinct part of a building, private home boarding home home for the a ed or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one (1) or more personal, services for a period exceeding 24 hours to one (1) or more adults who are not relatives of the owner or administrator. For purposes of calculating density, 2.5 assisted liyLm facility beds shall be 2guivalent to one 1 dwelling unit. ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-274. Special exceptions permissible by board of adjustment. In the R-1 low densityresidential district, the following special exceptions shall be permitted by the board of adjustment: (1) Public and semipublic parks, playgrounds, playfields, and recreation facilities-ancl City of Cape Canaveral Ordinance No. 17-20I0 Page 2 of 6 DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-314. Special exceptions permissible by board of adjustment. In the R-3 medium density residential district, special exceptions permissible by the board of adjustment shall be as follows: (6) Assisted living facilities, subject to„the requirements of section 110-488. DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT EWMI Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: 16 Assisted livLnz facilities subject to the requirements of section 110-488. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110-488. Assisted Living Facilities. Reserved Assisted living facililiesmay only be permitted by special exception in the R-3 and C-1 zoning districts subject to the general conditions for special exceptions and the following minimum requirements' (a� Front, side and rear setbacks shall be a minimum of 25 feet; setbacks from adjacent City of Cape Canaveral Ordinance No. 17-2010 Page 3 of 6 residential lot lines shall be a minimum of 50 feet. (b) Minimum lot area shall be five (5) acres. c Each assisted Ii3jag facility unit shall contain minimum living area of400 square feet for single bed units and 700 square feet for double bed units. (d) Loading docks and dumpster areas shall conform to the following: (1) Loading docks and dumpster areas shall be directed away from any residential development adiacent to the assisted living facility. (2)_ Dumpsters shall be visually screened from public view from an_adjacent public right -of way or residential development by fully enclosed' screening that is a minimum of six (6) feet in height, measured above finished glade, (3) Each enclosure shall include a_decorative opaque gate that is a minimum of six (6) feet in height, measured above finished grade. (4) Each dumpster enclosure shall be constructed as one 1 of the following: (A) A masonry wail at a minimum of six (6) feet in height, measured from finished grade. The masonry wall shall be decoratively finished concrete masonry uWt,_brick, stucco, pre -cast panels, split -face block or othermaterial matching exterior of the principal building. , (B) _ _A_ combination of fencing and landscape buffer. Fencing shall be fabricated from aluminum, wrought iron, vinyl, brick, or other approved materials. The landscape buffer shall be a minimum_ of five (5) feet in width, a minimum of three (3) feet in height, fifty percent (50%) opaque at planting and capable of attaining a height of six (6) feet and seventy-five percent (75%) apaqueness within 24 months. _..,_..,. _.. --•--- (5) The dumpster_ shall be located so as to facilitate pickup by solid waste collection agencies. (6) The dumpster enclosure shall not be placed in drainage flow areas. (7) Adequate reinforced paved areas shall be provided for the dumpster and their approaches for log4jag and unloading. S No part of a dumpster or materials stored within the screen area shall extend above the dumpster enclosure. City of Cape Canaveral Ordinance No. 17-2010 Page 4 of 6 (9) Chain link, painted or unpainted block walls, barbed wire and wood are prohibited as part of a dumpster enclosure. Secs. f 10488. 110489. —110-490. Reserved. DIVISION 2.OFFSTREET PARKING Section 110-491. Number of spaces required. There shall be provided at the time of the erection or change of use of any main building or structure or at the time any main building or structure is enlarged or increased in capacity, by adding dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking space with adequate provisions for ingress or egress in accordance with the following: (14) Assisted liv_inz facilities. One (1) space for each employee on the largest working shift plus two (2) spaces for every three (3) units. 15 All other uses. To be determined by the building official, who shall use the ratios established in this section as a standard for determining the requirements. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 17-2010 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010, ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog ANGELA "PERSON, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh First Legal Ad Published: First Reading: Second Legal Ad Published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2010 Page 6 of 6 A-02` c h i -n en+ Planning and Zoning Board Meeting Minutes October 13, 2010 A Regular Meeting of the Planning & Zoning Board was held on October 13, 2010, at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral Florida. Lamar Russell, Chairperson called the meeting to order at 7:07 P.M. The Recording Secretary called the roll. MEMBERS PRESENT: Lamar Russell Chairperson Bea McNeely Vice Chairperson John Fredrickson Harry Pearson Donald Dunn John Johanson 1St Alternate OTHERS PRESENT: Kate Latorre Assistant City Attorney. Barry Brown Planning & Development Director Angela Apperson City Clerk serving as Recording Secretary NEW BUSINESS: Approval of Meeting Minutes: September 22, 2010. Mr. Pearson noted a typographical error on page 2, under item 3 within the 2nd paragraph, at the beginning of the 4th sentence.He recommended changing "The noted" to "He noted". Mr. Dunn referred to the 2nd line of paragraph 3 on page .1 and questioned if the applicant is the City, who does the word "he" refer to? This issue was discussed. Consensus was reached to change the word "he" to Barry Brown. Motion by Mr. Pearson, seconded by Mr. Dunn, for approval with said corrections. The motion carried. unanimously. 2. Recommendation to City Council: Proposed Assisted Living Facilities Ordinance. Mr. Brown reviewed events from the prior meeting and explained the research that was done to provide the board with recommendations for setback requirements; facility size; minimum size of each unit; parking requirements; and loading areas. Discussion ensued and included: whether to prohibit conversion of condominiums or town homes to assisted living facilities and the need to word the ordinance so any facility that can meet all code requirements for this use could become an assisted living facility; whether to allow individual cooking facilities in each unit; unit size requirements; the need to remove the definition of adult congregate living facility; set back requirements; land requirements for this use; unit per acre requirements; parking unit requirements; requirements for loading areas; the need to add "split face" block to the acceptable finishes for loading areas; Planning Zoning Board Meeting Minutes October 13, 2010 Page 2 of 3 and whether an ALF could be converted to another use such as a hotel or short term rental. During the discussion Mr. Danny Ringdahl, Mr. Glenn Duffy, Mr. Andy Kirback and Mr. Kendall Keith provided information related to a proposed Assisted Living Facility and answered questions. Mr. Russell restated the five outstanding items and noted consensus was reached as follows: • Set the unit size at 400 sq feet for a single bed unit and 700 sq feet for double bed units • Require 2 parking spaces for every 3 units and have one parking space for every employee on the largest working shift • Set backs will be a minimum of 25 feet with 50 feet from adjacent residential lot lines • Require the lot area to be a minimum of five (5) acres • Accept the suggested design standards for the loading areas with the addition of "split face" block as an allowed finish Motion by Mr. Pearson, seconded by Mr. Russell, to recommend that we add these five items (to the ordinance) and forward `the , ordinance to the :City Council. The 5 acre lot size requirement and whether this size would preclude conversion of existing facilities were briefly discussed. The motion carried unanimously, after a roll callvote. 3. Discussion Limiting the Location and Number of Tattoo Parlors. Mr. Brown reviewed the request and stated the City currently does not have any Tattoo Parlors. He noted the advice of Assistant City Attorney Kate .Latorre not to prohibit Tattoo Parlors out right. Mr. Brown suggested .these uses be limited to industrial zoned areas. Mr. Johanson objected to considering this request be the code requires payment of an application fee, which has not been received. Mr. Brown explained this is arequest from the Mayor and didn't agree that a application fee is warranted as this is only a discussion item. Ms. Apperson explained this item was a request from the Mayor to the City Manager, who forwarded the request to Mr. Brown to get input from this Board. Discussion ensued and included the suggestion to place this uses in the industrial zoned areas; whether to have a separation requirement between businesses; whether this use should be classified as a personal service similar to a barber or nail salon; the visioning efforts; a recent court case from California that classifies tattooing as a form of personal expression and therefore protected under the first amendment; proposing legislation that places tattoo parlors in the industrial area with a separation of 1000 feet between parlors; and that individuals should feel free to bring any item to the Board for discussion. During the discussion Mayor Randels noted his duties and responsibilities include brining items forward that protect and promote the City and the desires of the residents. No consensus was reached to have staff perform further action on this item. Mayor Randels will pursue discussion with the City Council. Planning & Zoning Board Meeting Minutes September 22, 2010 Page 2 of 4 Discussion was held regarding a 10 ft. encroachment at the north east corner of the property by an adjacent building owned by Rinker Materials. Attorney Guy Neff, representing Randy May, Applicant, advised that the 10 ft. encroachment existed since his client originally considered purchasing the property several years ago. He advised that it did not affect the business operations. Mr. Brown advised that the existing development agreement needed to be amended to recognize this lot split and a resolution prepared prior to the lot split request being presented to City Council. Motion by Harry Pearson, seconded by Donald Dunn, to recommend approval of the lot split to City Council. Vote on the motion carried unanimously. 3. Recommendation to City Council: Proposed Assisted Living Facilities Ordinance. Barry Brown, Planning & Development Director, advised that this was a request to revise the City code to allow for assisted living facilities (ALF's). The applicant was the City Council. He explained that Danny Ringdahl, owner and developer of Puerto Del Rio condominiums, was considering construction of an ALF on the undeveloped portion of his property. He advised that the City code allowed for adult congregate living facilities, but only in R-1 Single Family Residential zoning district by special exception. This was to accommodate the care of a limited number of persons in a residential home. The City code does not address an ALF. He advised that staff considers an ALF an important and complementary use in the City and a needed housing option in the community. He pointed -out that the proposed ALF was appropriately located and an important economic development opportunity for the City. Accordingly, staff asked the P & Z Board to consider adding ALF's as an allowable use. On August 25, 2010, the Board discussed the appropriateness of allowing this use, and approved a motion recommending that the City Council direct staff to prepare an ordinance to allow ALF's. Subsequently, On September 7t', the City Council considered the issue, along with the recommendation from the P & Z Board, and passed a motion directing staff to prepare an ordinance allowing ALF's. Mr. Brown advised that staff researched- ordinances of other local governments and created a comparison matrix. He reported that most local governments allow for ALF's or adult congregate living facilities (ACLF's) as a special exception in multifamily and commercial zoning districts. The noted that the most common criteria included special parking requirements, minimum separation distance from other ALF's, and special setbacks. He advised that the separation requirements typically addressed facilities in residential neighborhoods and their purpose was to preclude too many facilities from being located in the same area. He noted that the City does not have a separation distance. He believed that distance separation should be considered for residential facilities, but was not necessary for large scale ALF's. He advised that special setbacks and buffering were typically location specific and could be addressed in the special exception. Design standards could be addressed in the special exception as well. Mr. Brown advised that Danny Ringdahl, property owner and developer of Puerto Del Rio, has met with City staff regarding developing an ALF immediately east of the Puerto Del Rio development. Mr. Brown proposed to the Board that there be one parking space per employee on the largest working shift, plus one parking space for every two Units. Andre Anderson of Planning & Zoning Board Meeting Minutes September 22, 2010 Page 3 of 4 Planning Design Group provided a table comparing the impacts of an ALF to residential single family and a nursing home for water, sewer and traffic generation. He advised that the impact of an ALF would be less than that of a single family or nursing home. He noted that the proposed ALF unit was not a dwelling unit per the City code definition, because they did not have a kitchen facility in them. Therefore, there needed to be a conversion factor. Mr. Brown explained that a conversion factor should be used when calculating density because it was apparent, as well as supported by data, that the impact of an ALF was not nearly as great as a typical residential unit. He gave the example of a conversion formula for Mr. Ringdahl's property as follows: number of units per acre (R-3 equals 15), times 2.49 persons per household (2000 U.S. Census), times the proposed acreage (8 acres), equaled 299 beds or persons. Mr. Brown noted that both Jupiter and Apopka use the same conversion formula. Brief discussion followed. Mr. Ringdahl advised that he was proposing a five star ALF that would include: 248 rooms, with a one room concept. He noted that units would be either 400 sq. ft. or 700 sq. ft., with either a single or double bed, and a balcony. He advised that 159 parking spaces were allocated to the project. Andy Kirback, project engineer, advised that the proposed lot coverage was between 15 and 20 percent, the boundary setbacks were 25 ft. and the proposed project density was less than 15 units per acre. The Board members reviewed the proposed ordinance and held discussion regarding: preferring that the use be allowed by special exception; allowing the use in residential and/or commercial zoning districts; establishing minimum criteria for the following: parking, number of units, living area, buffering, screening, acreage, special setbacks, distance from like establishments, compatibility with surrounding, property, unit size, evacuation plan, architectural review and design standards, lot coverage, and green space. During discussion, Barry Brown advised that he meets with developers of proposed projects, has the ability to negotiate, and sees that his concerns are addressed for buffering, screening, and setbacks. The Board concluded, by consensus, to direct staff to perform research and return with proposed minimum criteria for compatible appearance, setbacks, screening, parking, evacuation, unit area, number of units, and acreage. Barry Brown advised that the State already has minimum requirements for evacuation plans. He noted that the State and Brevard County reviews evacuation plans, so there was no need for the Board to involveitself in that. He advised that the City code already addresses architectural review through the Community Appearance Board. Lot coverage is also addressed in the R -3 -zoning regulations. He requested that the Board focus on items that are particular to the City's situation, for example: requirement for a minimum number of units, setbacks, parking, and residential vs. commercial. He advised that the requested information will be provided for the next meeting. OPEN DISCUSSION Barry Brown advised that he handed -out a flyer regarding a chili cook -off at the City's Fall Festival on October 9th. He challenged the Board members to enter the contest to represent the Board. Kate Latorre, Assistant City Attorney, introduced her colleague Kimberly Kopp to the Board. Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 8:57 p.m. PLANNING & ZONING BOARD MEETING MINUTES AUGUST 25, 2010 A Regular Meeting of the Planning & Zoning Board was held on August 25, 2010, at the City Canaveral Public Library, 209 Polk Avenue, Cape Canaveral, Florida. Bea McNeely, Vice Chairperson, called the meeting to Order at 7:00 p.m. The Recording Secretary called the roll. MEMBERS PRESENT Bea McNeely Vice Chairperson John Fredrickson Harry Pearson Donald Dunn John Johanson 1 s` Alternate Ron Friedman 2nd Alternate MEMBERS ABSENT Lamar Russell Chairperson OTHERS PRESENT Duree Alexander Recording Secretary Kate Latorre Assistant City Attorney Rocky Randels Mayor Robert Hoag Council Member Betty Walsh Council Member David Greene City Manager Barry Brown Planning & Development Director Todd Morley Building Official NEW BUSINESS 1. Discussion Re: Assisted Living Facilities as an Allowed Use. Barry Brown, Planning & Development Director introduced David Greene, the City's new City Manager to the Board. The Board members welcomed Mr. Greene to the City. Pamela Dillon, representative for Evening Tide Management, described what Assisted Living Facilities (ALF) were and the various types of levels of care an ALF can provide. She advised that Danny Ringdahl, developer of Puerto Del Rio, was interested in developing an ALF on his undeveloped land located immediately East of Puerto Del Rio. Ms. Dillon advised that Brevard County has a need for this type of facility. Barry Brown advised that many meetings have been held with City staff, Mr. Ringdahl and Ms. Dillon. He relayed staffs concerns regarding: evacuation plans, and increased density. An ensuing discussion was held regarding: facility staffing; zoning; use permissible as a principal use or by special exception; visitations to existing ALF's; and staff research results from other cities that allow ALF's; a pharmacy for ALF residents only or open to the public. Following discussion, the Board members agreed for the City to move forward to allow ALF's. Planning & Zoning Board Meeting Minutes August 25, 2010 Page 2 Rocky Randeis, Mayor, spoke in favor of an ALF. He advised that he was in favor of this opportunity, because there was a need for this type of facility, there was vacant land, an investor that wanted to move forward, and this type of facility would be positive for the City overall. He respectfully requested that the Planning & Zoning Board move the item forward to the City Council. Discussion followed regarding ALF's being listed on the agenda as a discussion. Kate Latorre, Assistant City Attorney, advised that the Board could make a recommendation. Motion by Bea McNeely, seconded by Harry Pearson, to make recommendation to City Council to direct staff to prepare the research necessary to allow ALF's in Cape Canaveral. Chairperson McNeely polled the Board members. All were in favor of the recommendation, with John Johanson noting he would be in favor of ALF's with City Council and the Department of Community Affairs approval. David Greene, City Manager, advised that this item would be placed on the September 7, 2010 City Council Agenda. 2. Discussion Re: Mixed Use Land Use. Barry Brown, Planning & Development Director, described mixed use; provided a history of its creation; pointed -out benefits, such as: reduced auto trips, increased social interactions, walkability, increased tax base, less crime, condensed parking, and harmonious architecture, etc. Bary Brown presented a power point presentation on examples of existing mixed use areas in various communities. OPEN DISCUSSION Barry Brown informed that City staff would continue to move forward with researching mixed use, and assisted living facilities, in a focused manner, and at the next meeting would provide the Board with an update on what the City, -code allows in different zoning districts. Motion by Harry Pearson, seconded by Donald Dunn to adjourn the meeting at 8:45 p.m. Approved on this ;_Lday of , 2010. iw &2W. Lamar4Russell, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/04/2010 Item No. 9 Subject: Renewal of health, dental, vision and life insurances policies Department: Administrative Summary: The City provides health, dental, vision and life insurance coverage as benefits to its employees. The plans have certain deductibles, and co -pays. Staff worked with Dean Brombacher, the City's Insurance Broker, to obtain renewal costs from the current providers and quotes from competitors for these plans. The Florida League of Cities was asked for a quote. Additionally other municipalities within the County were surveyed as to benefits offered employees. Please see the attachment. Executive Summary of the Attachment Health Insurance: The City provides employees with two plan options, one is a traditional HMO and the other is a high deductible plan. 21 employees are enrolled in the traditional plan and 19 are enrolled in the high deductible plan. The renewal rate for the traditional plan is 7.3% higher than last year's rate and 9.5% higher for the high deductible plan. The proposals from other providers for the traditional plan are an increase in rates ranging from 3.79% to 56.1% and have increased costs to employees for deductibles, co -pays, prescription drugs and would necessitate employees changing their primary physician and may require changes for specialists. The proposals from other providers for the high deductible plan range from a decrease of 12.2% to an increase of 41% and have increased costs to employees for deductibles, co -pays, prescription drugs and necessitate employees changing their primary physician and may require changes for specialists. Summary of other municipalities surveyed in Brevard County for the health insurance section: • 11 surveys were returned o 1 city does not provide health insurance to its employees 0 10 cities provide health insurance and pay 100 % of the cost to cover the employee • 8 pay towards dependant coverage as follows: 0 2 pay 50% 0 1 pays 50% of core costs, employee pays for cost of upgraded plan 0 2 vary between 50% and 65% depending upon length of service 0 1 pays 60% 0 2 pay flat amounts per month ($548 and $600) • Cape Canaveral requires its employees to pay 100% of dependant coverage costs. • No other city requires employees to contribute to the cost of the health insurance coverage, unless the employee chooses to upgrade from the core plan. • 1 city uses the Florida League of Cities as their provider. The League of Cities only quoted for the traditional plan, as it cannot provide the dual option plan the City currently offers its employees. This plan has a lower percentage increase in costs; however, if a change was made to select this provider, 19 employees who are on the high deductible plan would have tax penalties for not completing the calendar year under the high deductible plan. Also, the League of Cities plan has a deductible; family members meet only their individual deductible and then their claims will be covered under the plan coinsurance; if the family deductible has been met prior to their individual deductible being met, their claims will be paid at the plan coinsurance. Thus, it reduces the benefits and shifts greater costs to City employee and their dependants. Lastly, although the survey of other municipalities shows no one requires employees contribute to the cost of the core health insurance coverage, staff is suggesting that employees pay $20.00 per pay period for health insurance coverage. This will assist the City to offset some of the increased costs, and will be a minimal impact to employees. We have selected this amount, remembering that this is the second year employees have not received a COLA raise. Health Insurance recommendation: Renew with Health First for the plans currently provided; continue with the employer contribution to the HSA for those employees who choose the HDHP, and require an employee contribution of $20.00 per pay period for health insurance coverage regardless of plan choice. Dental Insurance: One plan option is provided to City employees. The coverage is provided by Delta Dental and allows access to a wide range of dentists. The plan has a $50.00 deductible per calendar year and a maximum benefit of $1,000.00 per year. The renewal rate is 7% higher than last year. The proposals from other providers range from a.n increase of 1.9% to 17.9%. The coverage is similar from other providers; however the access to dentists is limited and therefore inferior to the current plan. Any change will most likely require employees to change providers. Summary of other municipalities surveyed in Brevard County for the dental insurance section: • 11 surveys were returned 0 1 city does not provide dental insurance to its employees 0 1 city did not report in this category 0 9 reported they provide dental insurance. Of those 9: ■ 6 pay 100 % of the cost to cover its employee ■ 1 pays 50% of the cost to cover its employee ■ 2 offer dental insurance, employees are responsible for 100% of the costs • 4 cities pay towards dependant coverage. The amount of the payments range from 50% to "varies". • Cape Canaveral requires its employees to pay 100% of dependant coverage costs. Dental Insurance recommendation: Renew with Delta Dental. Vision Insurance: One plan option is provided to City employees. The coverage is provided by Humana. The plan has no deductible, but provides limited benefits. The renewal rate is 5.2% higher than last year. The proposals from other providers range from an 8.4% decrease to a 53.3% increase. The coverage is similar with other providers; however the current provider, as well as two other providers, is offering a rate guarantee for the next two years. The only plan that is a decrease in rates requires enrollment in its dental plan to receive the decreased rates. The dental plan offered is substandard and not a viable option. Summary of other municipalities surveyed in Brevard County for the vision insurance section: • 11 surveys were returned o 1 city does not provide vision insurance to its employees o 1 city did not report in this area o 2 cities provide vision insurance at 100% cost to their employees o 7 provide vision insurance. Of these 7: ■ 5 pay 100 % of the cost to cover its employee ■ 1 pays 50% of the cost to cover its employee ■ 1 offers this benefit but did not report who pays • 4 cities pay towards dependant coverage. 0 2 are included in the health insurance plan 0 2 pay 50% of the cost • Cape Canaveral requires its employees to pay 100% of dependant coverage costs. Vision Insurance recommendation: Renew with Humana. Life Insurance: One plan option is provided to City employees. The coverage is through Sun Life. It is equal to the annual salary of the employee. In the second year of employment an additional 25k is added, not to exceed $100,000. This plan had a two year contract and was not looked at last year. There is no increase in premium for this year. The proposals from other providers for the current coverage range from a decrease of 30.8% to a decrease of 23.8%. For this category quotes were obtained for a flat $100,000 of coverage for each employee. The quotes for this change in coverage range from 9.4% decrease to a 45.4% increase. `The Standard" is the company that would provide an increase in coverage for most employees at a savings of 9.4%. As a part of this plan, employees would be able to purchase, at their cost, coverage for dependent(s). Employees choosing coverage within the open enrollment period would not have to show proof of insurability for their dependents. This is a tremendous asset to our employees. Also this rate is guaranteed for three years. Summary of other municipalities surveyed in Brevard County for the life insurance section: • 11 surveys were returned 0 1 city does not provide life insurance coverage to its employees 0 10 provide life insurance. Of those 10: ■ 4 cities offer life insurance to employees, not listed who pays ■ 5 offer life insurance as an optional benefit 100% of cost paid by employees ■ 1 pays 100% of the cost to cover the employee • The amount of the coverage is vastly different between municipalities. Life Insurance recommendation: Approve The Standard as the provider and select $100,000. in coverage. Finally, staff recommends an efficiency improvement. Staff understands the Council's desire to be a part of the renewal process, however much time and money is spent preparing the documents and the summary for Council's consideration. Even more time and money would be spent to change policies yearly. Staff will continue to shop the market to see if savings can be acquired. However, we respectfully request the City Council allow staff to renew the health, dental, vision and life insurance policies for the next two years without the need to return to Council, provided the renewal rate is less than a 15% increase. The City Manager recommends that City Council take the following actions: 1. Select the Health First HF 24—HMO Plan and the 12001100 HDHP-HMO Plan; approve renewal of the Health First Contract and authorize the City Manager to execute same. 2. Authorize the contribution to the Health Savings Account in the amount of $92.96 per month for those employees who choose the 12001100 HDHP 3. Require employees to contribute $20.00 per pay period for health insurance coverage regardless of which plan they choose. 4. Select Delta Dental Plan A; approve renewal of the Delta Dental Contract and authorize the City Manager to execute same. 5. Select the Humana Vision Plan; approve renewal of the Humana Contract and authorize the City Manager to execute same 6. Approve The Standard as the City's Life Insurance Provider; select the $100,000 plan; approve the contract and authorize the City Manager to execute same. 7. For the next two years, allow staff to renew health, dental, vision and life insurance coverage without return to the City Council if the renewal rate is less than 15% increase. Financial Impact: Is outlined in the summary and the exhibit. All costs are within the current budget allocation. Reviewed by City Treasurer: Andrea Bowers Date: 10125110 Attachments: Summary of health, dental, vision de insurance coverage and rates for same Submitting Department Head: Angela M. Apperson Date: 10/25/10 Approved by City Manager: David L. Greene Date: 10/25/10 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain I poral Summary Cape Canaveral I' e Brombacher Insurance, LLC Guiding you through the world of employee benefits Analysis 2010 Health Insurance Renewal Analysis Over the past 12 months the medical rate level (employee/dependent utilization) for the City of Cape Canaveral has shown improvement. In plan year 2008-09 the medical rate level was .859 compared to .85 for plan year 2009-10. This coupled with a base rate (trend) increase from Health First Health Plans (HFHP) and changes in employee age categories, provided a net renewal increase of 7.3% for HF 24 and 9.5% for 1200/100 HDHP. The combined net increase, based on employee participation in both plans, -, resulted in an overall increase of 8.3%. 2009-10 2008-09 2007-08 .85 .859 .94 0.85 1.0 1.15 2007108 — 2009110 medical rate level comparison The renewal proposal from HFHP compares current vs. renewal rates and correlating plan designs. HFHP is continuing to modify existing small group plan designs to reflect a cost shift to employees and covered dependents. Alternate health insurance proposals are included from Health First Health Plans, Aetna, BC/BS of Florida, Cigna and United Health Care (UHC). Medical plan options are provided to give a market comparison of current benefits and alternate plan designs to lower costs. In addition, High Deductible Health Plan (HDHP) alternate proposals are included for 1 each carrier. The HDHP options provided in this proposal satisfy the maximum out-of- pocket ut-ofpocket and minimum deductible requirements set forth by the Internal Revenue Service (IRS). The HDHP option would allow employees currently not receiving Medicare Part A or B to contribute to a Health Savings Account (HSA) or allow the City of Cape Canaveral to contribute to the employee's HSA. Combined employee and employer contributions cannot exceed the following HSA contribution limitations defined by the i IRS: Coverage Type Regulation CY 2010 CY 2011 Employee Only Annual Maximum $3,050 $3,050 HSA Contribution Employee + Family Annual Maximum $6,150 $6,150 HSA Contribution Note: An additional $1,000 contribution is allowed for participants 55 years of age or older Dental The dental renewal proposal from Delta Dental reflects an increase of 7.0%. Alternate proposals are included from Humana, Sun Life, The Standard, Guardian and MetLife. However, the alternate carriers do not provide access to the Premier Dental Network currently provided by Delta Dental. Vision The vision renewal proposal from Humana reflects a renewal increase of 5.2%. Alternate proposals are included from The Standard, Ameritas Group, The Guardian and SunLife. The most competitive alternate plan is from SunLife. However, both dental and vision must be elected to qualify for the reduced vision rate. Basic Life The basic life renewal proposal from SunLife reflects a flat renewal. Alternate proposals are included from SunLife to provide an option of a $100,000 benefit per employee, compared to the current lx salary benefit, plus an additional $25,000 after 12 months of employment. Alternate proposals are also included from Principal, MetLife and The Standard. The proposal from The Standard provides options to lower overall costs, while increasing the life insurance benefit to $100,000 for each employee. Municipality Survey The results of an employee benefits survey are included in this proposal comparing benefits offered by the City of Cape Canaveral to the other municipalities in Brevard County. 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C C 3>>> C C C N� � O � 00� C pC pC UU QC QC V V QQC �C] (.l []U�My Cyi Q �(py m •TN Q p W m m as = N coi X3E O eee O O 2'ee O O 3E O O ee.-o O N N N v�F N H 6 m p 0 N O z x Q oNNYinNY] URI— y0y of oe OOP OW=N.- �ION 6]❑ ❑ Fl -,I N % W V O N N�4lNN N I m mm N mm aQ C C C C C C C C 90 N fV Sp GGp_ �1 fG �((pf pFp p_Lp pL_ pLp pL_p pCp_ y^ d S N q N eq o 0 +yyt+tit+'tp 34 of 0 0 2EX 0 0 �3'eEY��� 0 0 0 N N ❑ 0❑000❑�O E a $ � o �100� LL YL +tea NOn P0P0O V oo�tm�j P N n m v N N L E Health Premium Analysis Current Current 2010 (assumption of renewing with same plans) 2009 vs. 2010 Health First Health Plans Small Group HF 24 -HMO Health First Health Plans Small Group 12001100 HDHP-HMO NetworkAcoess: In -Network Only In -Network Only Deductible- singlelfamily nla $1,2001$2,400 Maximum Out-of-pocket- singfelramily $2,5001$5,000 $1,2001$2,400 Lifetime Maximum $5 Million $5 Million Coinsurance 20% 0% Open Access Yes Yes Primary Care Physician $20 Ded + 0% Coinsurance Preventive Care $0 0% -Deductible Waived specialists $40 Ded + 0% Coinsurance In -Patient Hospital $200/day x 5 days per Admission Ded + 0% Coinsurance Routine Lab 20% Ded + 0% Coinsurance Routine X -Ray 20% Ded + 0% Coinsurance Imaging- CTlMRYMRAfPET $200 Ded + 0% Coinsurance Outpatient Surgery $250 Ded + 0% Coinsurance Emergency Room $200 Ded + 0% Coinsurance Prescription Drugs Retail: $2!7115135170 Ded + 0% Coinsurance 2009 Current (EE: 21, ES: e, EC: 0, EF: 0) Current (EE 18, ES: 1, EC: 0, EF: Di Employee Only: $583.68 $486.85 Employee + Spouse: $1,254.91 $1,046.74 Employee +Child(ren): $1,120.66 $934.76 Employee + Family: $1,751.04 $1,460.56 Monthly Premium: $12,257.28 $9,810.04 Annualized Premium: $147,087.36 $117,720.48 Medical Rate Level: 0.859 0.859 2010 Renewal IEE: 21, ES: 0, EC: 0, EF: 01 Renewal (EE: 18, ES: 1, EC: 0, EF: 0) Employee Only: $626.11 $533.15 Employee +Spouse: $1,346.13 $1,146.27 Employee +Chlld(ren): $1,202.13 $1,023.64 Employee + Family: $1,878.33 $1,599.44 Monthly Premium: $13,148.31 $10,742.97 Annualized Premium: $157,779.72 $128,915.64 Compared to Current: 7.3% 9.5% Medical Rate Level: 0,85 0,85 Premium Analysis Contract Year: 2009 2010 (assumption of renewing with same plans) 2009 vs. 2010 Total Monthly Premium: $22,067.32 $23,891.28 8.3% E 3 x E o ++ p M Y cE am +E a m a m 4 � C iIL IN�m E m o p W m C E CN! h 6 Y 4Y O .p H N Q 41 ~ S, Z O D O x� G c O O O O K x X m 4a D w o m p d p d O m O d n .. 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O O o r d} �..i O N Q mp M E4. w OWN, Jpo O O d d t9 W !fq la Q r ❑ a cii E C W � � •E �; w C d i Q, C l` C i0 0 O �c LU wa m`3 m � a City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11104/2010 item No. IO Subject: Results of the Multi -Way Stop Sign Warrant Study Prepared by Lube Transportation Engineering Consultants for the Intersection at North Atlantic Avenue and Shorewood Drive. Department: Public Works Summary: To determine if a multi -way stop is justified at this intersection, a warrant analysis was conducted by Luke Transportation Engineering Consultants, the City's traffic consultant. In general, multi -way stops should be considered when traffic volume on intersecting roads is approximately equal. At the intersection of North Atlantic Avenue and Shorewood Drive, a multi -way stop may be warranted if: • Five or more crashes have occurred during a 12 -month period. • Vehicular volume entering the intersection from the major street (North Atlantic Avenue) averages at least 300 vehicles per hour for any eight hours of a day. • The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street (Shorewood Drive) averages at least 200 units per hour for the same eight hours with an average delay to minor street traffic (Shorewood Drive) of at least 30 seconds. • Approach speeds on North Atlantic Avenue exceed 40 miles per hour (mph). Results of this study indicate the following: • No accidents have been reported for or near the intersection. • Vehicular volume on North Atlantic Avenue averaged less than 300 vehicles per hour for any eight hour period. • The combined vehicular, pedestrian, and bicycle volume. entering the intersection from Shorewood Drive averaged less than 200 units per hour for the same eight hours and the average delay to Shorewood Drive traffic was less than 30 seconds. • The average measured speed on North Atlantic Avenue was 37.7 mph. Based upon the results of this study, a multi -way stop sign is not recommended for the intersection of North Atlantic Avenue and Shorewood Drive. However, to promote safe operation for vehicles accessing North Atlantic Avenue from Shorewood Drive, adjacent Tin Roof Road, and North Seaport Boulevard, a divided roadway median using two roundabouts is a possible option. The concept is recommended for consideration when developing the Plan for the North Atlantic Avenue Redevelopment Project. Requested Council Action: Determine that a divided median using two roundabouts be utilized to promote safe operation for vehicles accessing North Atlantic Avenue from Shorewood Drive, Tin Roof Road and North Seaport Boulevard and that same be considered in the design of the North Atlantic Avenue Redevelopment Project. Financial Impact: None at this time. Reviewed by City Treasurer: Andrea Bowers Date: /O 11q /I p Attachment: Luke Transportation Engineering Consultants Report (LTEC Report) Submitting Department Head: Walter Bandish �t8 Date: Approved by City Manager: David L. Greene Q yea. Date: r o�l4� ro City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment LUKE TRANSPORTATION ENGINEERING CONSULTANTS REPORT LTEC Report Dike raii5ailDil 4ng1C i-,er:,nQ CotLstiI'M nt5 MEMORANDUM TO: Walter Bandish Via Email: w.bandish@cityofeapecanaveral.org FROM: Joseph T. Roviaro, AICP DATE: September 30, 2010 RE: Multi -way Stop Sign Warrant. for North Atlantic Avenue and Shorewood Drive (LTEC # 04 - 4915) The purpose of this memorandum is to provide the results of a Multi -Way Stop Warrant study for the intersection of North AtlanticAvenue and Shorewood Drive. See Figure Y for the study intersection location. To determine the need of and justification for a multi -way Stop, a warrant analysis was conducted at the study intersection. The warrant analysis was accomplished in accordance with the procedures of the ManuaI on Uniform Traffic Control Devices (MUTCD) for streets and highways. According to the MUTCD, Stop signs should be considered when the traffic volume on the intersecting roads is approximately equal. The following criteria were considered in the evaluation of the potential multi -way Stop sign installation: A. Where traffic control signals are justified, the multi -way stop is an interim measure that can be installed quickly to control traffic while arrangements are being made for the installation of the traffic control signal. B. Five or more reported crashes in a 12 -month period that are susceptible to correction by a multi -way stop installation. Such crashes include right -turn and left -turn collisions as well as right-angle collisions. C. Minimum volumes: 1. The vehicular volume entering the intersection from the major street approaches (total of both approaches) averages at least 300 vehicles per hour for any eight (8) hours of an average day; and 2. The combined vehicular, pedestrian, and bicycle volume entering the intersection from the minor street approaches (total of both approaches) averages atleast 200 units per hour for the same eight (8) hours, with an average delay to minor -street vehicular traffic of at least 30 seconds per vehicle during the highest hour; but 3. If the 85th -percentile approach speed of the major -street traffic exceeds 40 mph, the minimum vehicular volume warrants are 70 percent of the values provided in Items x and 2. D. Where no single criterion is satisfied, but where Criteria B, C.t, and C.2 are all satisfied to 8o percent of the minimum values. Criterion C.3 is excluded from this condition. 4915 Shorewood Dr AI[Way Stop Warrant Signed.wpd September 30, 201Lo Page 1 o, f 21 { 111 a -lino acdre%SI ec i:.ax. 4,:; S=fi maa;,ar�d Porlda 37i5,�.1556 :'H est mR� Stri:e: �rlan;;u �d .,_5[!'. f chare1 :07 42. 305- [fax 1 -;0;' "21 01? The data collection effort for the multi -way Stop warrant study was conducted on August 30, 20x0 and September 14, 2o1o. Table i presents theAugust 30, 20x0 24-hour approach counts which were adjustedwith Florida DOT Brevard County peak season and weekly axle factors for each of the approaches of the study intersection. Speed measurement traffic counts on North Atlantic Avenue were also collected during this same time period. Vehicle speed information was collected for both directions by 15 minute period. Summaries of the 24-hour hose count summary worksheets, collected on the study roadway, are included in Appendix A along with the speed measurement counts. The posted speed limit on the North Atlantic Avenue is 35 miles per hour (mph) and the measured 85' percentile speed limit is 37.70 mph south of Shorewood Drive and 37.86 mph north of Shorewood Drive. Based on the 24-hour counts, the peak eight hour turning movement counts (11:oo A.M. to 7:00 P.M.) and a peak hour minor street delay survey (3:00 P.M. - 4:00 P.M.) were conducted on September 14, 2010. Table 2 present the results of the intersection turning movement data collection effort (see Appendix B for the intersection turning movement summary worksheet). As can be seen from Table 2, the heavy turning movements are northbound right turns and westbound left turns. The observed westbound left turn lane delay is 29.53 seconds per vehicle. Copies of the intersection delay forms are included in Appendix C. Florida Traffic Crash Reports were reviewed for along North Atlantic Avenue for the last five years and no accidents were reported for or near the intersection of North Atlantic avenue and Shorewood Drive. The hourly traffic volumes approaching the intersection on North Atlantic Avenue and Shorewood Drive Table 3 along with an assessment of the applicable multi -way warrant criteria. As can be seen, major street traffic volumes for Criteria Clare only met for three (3) hours and none of the minor street traffic volumes for Criteria C2 are met, nor is the minor street average delay per vehicle 30 seconds or greater. In addition, the measured speed on North Atlantic Avenue is less than 40 mph and thus l00% of the Criteria traffic volumes must be utilized in the analysis. Table 3 also includes an evaluation based on Criteria D which allows 8o% of the minimum values for Criteria B, Criteria C1 and Criteria C2 to be utilized. The results of the 8o% evaluation indicate that nine (9) hours of the major street traffic volumes will meet 8o% of Criteria C1 but none of the minor street volumes meet 8o% of Criteria C2. In addition, there were no traffic accidents to meet Criteria B. Therefore, the study intersection does not meet the criteria for a multi-oway Stop sign installation. However, due to the close proximity of the intersection of Tin Roof Road (approximately 8o feet south) and the intersection of North Seaport Boulevard (approxigmately 160 feet south of Shorewood Drive and approximately 40 south of Tin Roof Road) to Shorewood Drive, a divided roadway with a restrictive median is recommended. This divided roadway segment couldbe designedwith two Roundabouts at each end would eliminate any left turn conflicts. Figure 2 shows a conceptual roadway configuration. The divided roadway segment would extend from Shorewood Drive on the north to Seaport Boulevard/Southgate Mobile Homes on the south. A Roundabout at each end would allow vehicles to make U- turns to access the existing intersections. The divided roadway with roundabouts would 4915 Shorewood Dr.AIIWay Stop Warrant Signed.wpd September ao, now Page 2 of 21 also serve as a traffic calming measure to keep traffic speed slow and discourage cut - through traffic from Port Canaveral. Conclusion In summary, based on a review of the existing documented traffic volumes and observed delay, a multi -way Stop sign installation is not recommended for the intersection of North Atlantic Avenue and Shorewood Drive. However, as a recommendation to promote safe operation for vehicles accessing North Atlantic Avenue from Shorewood Drive andthe adjacent Tin Roof Road and North Seaport Boulevard, a divided roadway median would be recommended to limit all turns from the three intersections on North Atlantic Avenue to right-in's and right -outs. Figure 2 presents a conceptual roadway configuration which would accomplish this goal. Please let me know if you have any questions. 4915 Shorewood DrAllWay Stop Warmnt Signedmpd septemter3o, 2010 Page 3 of 21 PROFESSIONAL ENGINEER ENDORSEMENT I hereby certify that I am a registered engineer in the State of Florida, practicing with Luke Transportation Engineering Consultants, a corporation authorized to operate as an engineering business (# EB-ooa7429), by the State of Florida Department of Professional. Regulation, Board of Professional Engineers, and I have prepared or approved the evaluation, findings, opinions, conclusions, or technical advice hereby reported for: PROJECT: North Atlantic Avenue &Shorewood Drive Multi Wa Stop Sign LOCATION: North Atlantic Avenue & Shorewood Drive Cgpe Canaveral Florida CLIENT: QLty of Cape Canaveral I acknowledge that the procedures and references used to develop the results contained in this report are standard to the professional practice of transportation engineering, as applied through professional judgment and experience. NAME: J.,Anthony Luke P.E. P.E. NO.: 42642 DATE: September .1o, 2010 SIGNATURE: 4915 Shorewood DrAIIWagStop Warrant Signed.wpd $epleMbU30,2010 Page 4 of 21 lec North Atlantic Avenue & Shorewood Drive iuke — Figure 1 transportation Study .Intersection Location engineering [ansultants 4915 Shorewood DrAllWay Stop Warrant SYgned.wpd september p, solo Page 5 of 21 TABLE 1 F.xictin¢ Traffic Volumes Approach Volumes Tuesday, August 31 2010 North Atlantic Avenue - North Atlantic Avenue - Shorewood Drive - Time Northbound Southbound Westbound From: To: Raw Adjusted 1 Raw Adjusted 1 Raw Adjusted 1 Midnight 1 7 7 6 6 2 2 1 2 4 4 5 5 0 0 2 3 5 5 8 9 1 1 3 4 3 3 3 3 0 0 4 5 13 14 7 7 0 0 5 6 37 40 6 6 8 9 6 7 97 104 13 14 30 32 7 8 153 164 40 43 31 33 8 9 133 142 56 60 32 34 9 10 107 114 79 84 33 35 10 11 130 139 95 102 32 34 11 12 142 152 108 115 36 38 12 13 155 166 127 136 34 36 13 14 139 149 122 130 32 34 14 15 136 145 131 140 36 38 15 16 141 151 130 139 20 21 16 17 152 163 180 192 25 27 17 18 117 125 173 185 24 26 18 19 115 123 126 135 23 25 19 20 86 92 101 108 17 18 20 21 71 76 79 84 10 11 21 22 48 51 68 73 7 7 22 23 40 43 41 444 5 5 23 Midnight 26 17 25 27 2 2 Total 2,047 1,729 440 AADT Total .2,789 1,847 468 (I) FlondaDOT PeakSeason -1. 08 and WeeklyA4xleFactor - 0.99 Luke Transportation Engineering Consultants, Inc., 2010 4915 Shorewood Dr AtlWay Stop WarrantSigned.wpd septemher 30, 2010 Page 6 of 21 TABLE 2 Fxictin¢ Turninsr Movement Traffic Volumes Note: the hour in Bold represents the minor street peak hour utilized for the delay survey. (1) Average Westbound Lett Turn Delay is 29.53 Second Per Vehicle. Luke Transportation Engineering Consultants, 2010 4915 Shorewood DrAIIWay Stop Warrant Signed.wpd September 3o, 2oio Page 7 of 21 September 14, 2010 North Atlantic Avenue Shoreewood Drive Southbound Northbound Westbound Time From: To: Left Thru Thru Right Left Right 11 12 8 114 114 15 19 4 12 13 5 155 310 20 24 3 13 14 8 100 135 25 30 8 14 15 6 106 110 31 31 8 15 16 2 123 118 26 32 (1) 7 16 17 11 164 94 35 27 5 17 18 10 163 97 33 20 4 18 1 19 6 130 83 20 13 5 Note: the hour in Bold represents the minor street peak hour utilized for the delay survey. (1) Average Westbound Lett Turn Delay is 29.53 Second Per Vehicle. Luke Transportation Engineering Consultants, 2010 4915 Shorewood DrAIIWay Stop Warrant Signed.wpd September 3o, 2oio Page 7 of 21 TABLE 3 Multi_Wav Stan viian Tnstallation Analvsis Tuesday Major Street Minor Street Qualifying Criteria 1 ngg Wa August 31, 2010 Approach Volumes Approach Volumes Time North Atlantic Avenue Shorewood Drive Total Approach Volume Brom: To: NB SB Total Westbound C1 80% of C1 C2 80% of C2 Mid 1 7 6 13 2 1 2 4 5 9 0 2 3 5 9 14 1 3 4 3 3 6 0 4 5 14 7 21 0 5 6 40 6 46 9 6 7 104 14 118 32 7 8 164 43 207 33 8 9 142 60 202 34 9 10 114 84 198 35 10 11 139 102 241 34 X 11 12 152 115 267 38 X 12 13 166 136 302 36 X X 13 14 149 130 279 34 X 14 15 145 140 285 38 X 15 16 151 139 290 21 X 16 17 163 192 355 27 X X 17 18 125 185 310 26 X X 18 19 123 135 258 25 X 19 20 92 108 200 18 20 21 76 84 160 11 21 22 51 73 124 7 22 23 43 44 87 5 23 Mid 17 27 1 44 2 Number of hours that a criteria is met: 3 9 0 0 Required number of hours to meet criteria: 8 8 8 8 Multi -Way Stop Criteria Met? No Yes No No (1) Roadway speed posted 35 mph and measured speed is 37.70 inph and 37.586 mph. Therefore no reduced to the Criteria frafflc volumes is applied. Criteria Cl - 8-HourMiniinuin Vehicular Volume for the Major street are 300 vehicles per hour, both directions. Criteria C2 - 8-HourMinitnum Vehicular Volute for the Minor street are 200 vehicles per hour, both directions. Plus 30 second or more delay per vehicle_ Criteria D - 80'% ofCriteria Cl (240) and 80% of Criteria C2 (160) volumes. Luke Transportation Engineering Consultants, Inc., 2010 4915 Shorewood DrAI[WayStop Warrant Signedwpd September So,2oao Page 8 of 21 fgC North Atlantic Ave & Shorewood Dr luke Conceptual Roundabout Configuration transportation engineering L Figure 2 consultants 4915 Shorewood Dr AIIWay Stop Warrant Signed.wpd September 30, 2010 Page 9 of 21 Appendix A 4915 Shorewood DrAIIWay Stop WarrantSigned.wpd September -30,2010 Page 10 of 21 Data File D0831001.PRN 01 02 Station ATLASOF_15 Ident Counter 1 Start Date August 31, 2010 Start Time : 00:00 Stop Date August 31, 2010 End Time 24:00 City/Town Cape Canaveral County Brevard Location North Atlantic Ave: South of Shorewood Dr 29 24 ..�... , 31 11 -all,. -in 0 End Time 00 01 02 03 04 05 06 07 08 09 10 11 15 5 1 2 0 4 5 15 281 29 24 33 31 30 0 0 1 2 3 6 19 331 34 13 42 29 45 1 1 2 1 3 9 34 42 34 33 23 31 00 i 1 0 0 2 17 6 5036 25 37 32 5 Hr Total 7 4 5 3 13 37 97 153 133 1071 130 142 End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 34 41 39 34 42 31 33 29 19 18 12 6 30 45 39 33 25 33 23 22 15 19 5 6 1 45 36 41 33 37 33 31 32 17 17 13 12 7 00 40 18 31 45 44 32 28 25 16 12 10 2 Hr Total 155 139 136 141 152 117 115 86 71 48 40 i6 Total Volume :C,u41 AM Peak Hour Begins 07:30 AM Peak Volume 155 Peak Hour Factor 0.78 PM Peak hour Begins 16:00 PM Peak Volume 152 Peak Hour Factor 0.86 '2a A— In vv End Time 00 01 02 03 04 05 06 07 08 1 09 1 10 11 15 3 3 3 1 1 1 6 13 15 31 28 23 30 3 1 2 0 2 0 12 11 21 22 29 33 45 1 0 3 1 2 4 10 22 15 20 23 37 00 0 1 1 1 2 3 6 18 25 27 27 42 Hr Total 7 5 9 3 7 8 34 64 76 100 107 135 End Time 12 13 14 15 16 17 18 19 120 20 21 22 23 15 45 40 36 27 46 45 37 30 25 24 16 6 30 39 40 52 29 36 50 32 31 25 20 13 10 45 43 30 30 42 48 38 31 25 18 19 2 4 00 26 30 36 33 47 51 33 27 18 9 11 2 Hr Total 153 140 154 131 177 184 133 113 86 72 421 22 total volume -1,aaz AM Peak Hour Begins 08:45 AIM Peak Volume 98 Peak Hour Factor 0.79 PM Peak hour Begins 16:30 PM Peak Volume 190 Peak Hour Factor 0.95 IAI�.. T..l..l ii -&--in .End Time ~ 00 01 02 03 04 05 06 07 08 09 10 11 15 8 4 5 1 5 6 21 41 44 55 61 54 30 3 1 3 2 5 6 31 44 55 35 71 62 45 21 5 2 5 13 44 64 49 53 46 68 00 1 3 1 1 5 20 35 68 61 64 59 93 Hr Total 14 9 14 6 20 45 131 217 209 207 237 277 End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 79 81 75 61 88 76 70 59 44 42 28 12 30 84 79 85 54 69 73 54 46 44 25 19 11 45 79 71 63 79 81 69 63 42 35 32 14 11 00 66 48 67 78 91 83 61 52 34 21 21 4 Hr Total 308 279 290 272 329 301 248 199 157 1201 82 38 I otal volume 4,uua AM Peak Hour Begins 07:30 AM Peak Volume 231 Peak Hour Factor 0.85 PM Peak hour Begins 16:00 PM Peak Volume 329 Peak Hour Factor 0.90 4915 Shorewood Dr Al1Way Stop WarrantSigned.wpd september3o, aozo Page 11 of 21 Data File D0831002.PRN 01 02 Station ATLANOF_15 Ident Counter 2 Start Date August 31, 2010 Start Time 00:00 Stop Date August 31, 2010 End Time 24:00 City/Town Cape Canaveral County Brevard Location North Atlantic Ave: North of Shorwood Dr 27 24 29 25 zi_n.—in 0 IYVI i11VVVIlV End Time 00 01 02 03 04 - - -- 05 06 07 08 09 10 11 15 4 1 1 0 3 4 1 17 28 27 24 29 25 30 0 0 1 1 3 7 18 37 34 9 35 24 45 1 1 2 1 4 8 38 41 38 31 19 27 00 1 2 0 0 2 18 30 47 31 38 35 44 Hr Total 6 4 4 2 12 37 103 153 130 102 118 120 End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 39 36 36 30 29 24 33 241 13 16 12 4 30 41 35 28 24 24 18 16 11 17 5 5 1 45 35 37 30 30 29 20 23 9 9 9 9 7 00 34 19 25 37 34 26 23 26 17 9 11 2 Hr Total 149 127 119 121 116 88 95 70 56 39 37 14 Total Volume 1,uu AM Peak Hour Begins 07:00 PM Peak hour Begins 16:00 AM Peak Volume 153 Peak Hour Factor 0.81 PM Peak Volume 116 Peak Hour Factor 0.85 OA A.— An 7VUU IUVU1lu End Time 00 01 02 03 04 - 05 - 06 07 08 09 10 11 15 3 3 1 2 1 1 2 3 7 10 21 27 17 30 3 1 2 0 2 0 2 6 13 19 25 26 45 00 0 0 0 1 3 1 1 1 2 2 2 2 2 6 16 11 16 17 19 20 22 21 31 34 Hr Total End Time 15 6 12 43 5 13 41 8 14 31 3 15 25 7 16 41 6 17 45 1 13 1S 41 40 19 30 56 20 21 79 21 20 95 22 15 108 23 7 30 31 29 32 30 39 45 26 28 22 20 12 8 45 31 28 33 38 48 43 30 23 21 17 3 6 00 22 24 35 37 52 40 29 2Q 15 11 11 4 Hr Total 127 122 131 130 180. 173 126 101 79 68 41 25 IMM volume ,r�a AM Peak Hour Begins 08:45 AM Peak Volume 76 Peak Hour Factor 0.90 PM Peak hour Begins 16:30 PM Peak Volume 190 Peak Hour Factor 0.91 nA A..... AA 1 wu-w4y 1 uidi End Time 00 01 02 03 04 •-- 05 06 07 08 0910 11 15 30 45 7 3 1 4 1 1 3 3 5 1 i 2 4 1 5 6 6 7 10 20 20 40 35 43 57 37 47 54 4556 28 50 60 41 42 50 58 00 1 3 1 1 4 20 36 58 48 58 56 78 Hr Total 12 9 12 5 19 43 116 193 186 181 213 228 End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 30 45 82 72 66 77 64 65 67 60 63 55 541 68 70 63 77 69 63 1 63 74 42 5332 54 39 34 39 1 30 36 25 26 27 17 12 11 9 13 00 56 43 60 74 86 66 52 46 32 20 22 6 Hr Total 276 249 250 251 296 261 221 171 135 107 78 39 l otal Vowme 3,Do I AM Peak Hour Begins 07:30 AM Peak Volume 199 Peak Hour Factor 0.86 PM Peak hour Begins 16:00 PM Peak Volume 296 Peak Hour Factor 0.66 4915 Shorewood DrAllWay Stop Warrant Signed.wpd sePtember 30, 2010 Page 12 of 21 Data File D0831003.PRN 01 02 Station SHOREEOF 37 [dent Counter 3 Start Date August 31, 2010 Start Time : 00:00 Stop Date August 31, 2010 End Time 24:00 City/Town Cape Canaveral County Brevard Location Shorewood Dr. East of North Atlantic Ave 2 10 4 11 14 A—An 0 End Time 00 01 02 03 04 05 06 1 07 08 09 10 11 15 2 0 1 0 0 2 3 3 2 10 4 11 30 0 0 0 1 0 0 2 0 2 3 10 10 45 0 0 0 0 0 0 1 4 4 3 5 9 00 0 0 0 0 1 0 1 5 10 4 5 7 Hr Total 2 0 1 1 1 2 7 12 18 20 24 37 End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 8 8 8 7 13 8 10 6 4 2 2 3 30 8 3 7 6 8 8 9 6 3 1 1 0 45 10 8 5 8 9 i5 9 6 7 2 1 1 00 8 5 10 14 10 12 6 6 1 4 2 1 Hr Total 34 24 30 35 40 43 34 24 15 9 6 5 Total Volume 424 AM Peak Hour Begins 08:30 PM Peak hour Begins 17:30 AM Peak Volume 27 Peak Hour Factor 0.68 PM Peak Volume 46 Peak Hour Factor 0.77 ,ai_a--in . End Time 00 01 02 03 04 05 06 07 08 1 09 10 i 1 15 1 0 1 0 0 1 2 9 4 12 7 8 30 0 0 0 0 0 0 12 5 12 5 5 8 45 1 0 0 0 0 4 12 7 8 6 5 10 00 0 0 0 0 0 3 4 10 8 10 15 10 Hr Total 2 0 1 0 0 8 30 31 32 33 32 36 End Time 12 13 14 15 16 17 18 19 20 21 22 23 15 6 9 10 5 8 4 2 3 4 2 2 0 30 10 10 18 41 3 4 9 6 2 2 2 2 45 8 6 3 5 6 6 7 2 1 3 0 0 00 10 7 5 6 $ 10 5 6 3 0 1 0 Hr Total 34 32 36 20 25 24 23 17 10 7 5 2 Total Volume 44u AM Peak Hour Begins 08:15 AM Peak Volume 40 Peak Hour Factor 0.83 PM Peak hour Begins 17:45 PM Peak Volume 28 Peak Hour Factor 0.70 ws End Time 00 01 02 03 04 05 06 07 08 1 09 10 1 11 15 3 0 2 0 0 3 5 12 6 22 11 19 30 0 0 0 1 0 0 14 5 14 8 15 18 45 1 0 0 0 0 4 13 11 12 9 10 19 00 D 0 0 0 1 3 5 15 18 1420 17 Hr Total 4 0 2 1 1 10 37 43 50 53 56 73 End Time 12 13 14 15 18 17 18 19 20 21 22 23 15 14 17 18 12 21 12 12 9 8 4 4 3 30 18 13 25 10 11 12 18 12 5 3 3 2 45 18 14 8 13 15 21 16 8 8 5 1 1 00 18 12 15 20 18 22 11 12 4 4 3 1 Hr Total 68 56 66 55 65 67 57 41 25 16 11 7 Total Volume db4 AM Peak Hour Begins 08:15 AM Peak Volume -66 Peak Hour Factor 0.75 PM Peak hour Begins 17:30 PM Peak Volume 73 Peak Hour Factor 0.83 4915 Shorewood DrAIIWay Stop Warrant Signed.wpd september 30, nio Page 13 of 21 Traffic Volume 4415 Shorewood DrAIIWay Stop Warrant Signed.wpd septemUer so, 2oio Page 14 of 21 MF Traffic Vdlume 4915 Shorewood DrAllWay Stop Warrant Signed.wpd septemher3o.2mo Page 15 of 21 VERSATILE 'TRAFFIC DATA.1NC Volume by Speed by Lane Report 00831006. PRIM i2: 17 ^9 13 _a.01-2vl0 ..._.. -- '-n: AiL4SOF 15 Id: O��SOUC000DS0 Cid: 01 Finn 300 - imperial Int: 15 I4 -n. " � - - snd: Tue � Aug 31, 2010 ac 24:00 County: SRUARD 'Ca1L; Tue Aug 2010 at JO:;,n 1'Y1 -c T, Elle: D0031006 -P -M 514CREMOO1 DP _.!:? .y'arCh Ln2 South s-.acion Data Summary 5ueedlroghl 1.5 6-10 !1-15 16 L.. 31 25 i.6 30 .3i=35 36 6 -40 x3 45 4fi-SO 5? -55 5 60 61-65 66-70 71-347 Total ---""- 3G 383 492 '713 1446 741 lag 17 2 2 0 G• 5 4009 -::'anC fetal s 9 ?e [cent"ages C.10 0.22 i.1.5 9.55 12.27 17.70 36.07 LN.48 3.72 0.42 0-05 0.05 0.00 0.00 0.12 Lane 2 Total grand Totals 3047 1962 400s, Fercencages 51.06 4x.94 Speed SuFa ry Y>60 >G5 Total AvySpd 15Ysie 562 i1c 85%l' -e >55 #>SS >60 Y>6S 5709 30.61 22.30 31.99 37 70 7 0.l 5 0.1 5 0.1 Am/Pm Peak Hour T0Ca15 --------------,..- 3ueed .mplal >5 ->30 >15 ->20 ->25 ..30 ->35 -40 445 x50 ->55 -060 ->65 >7 -s70 0 Total -- -- 0 0 �] i 2 33 34 03 88 47 6 3 0 0 0 277 Hour 11-12 PzrCentayes a 00 il.il -1.35 8.62 6. 9i B.Ba 6.09 6.34 4.03 17.65 0.00 0.00 0.00 0.00 0.00 6.91 nm Hour 16-17 3 0 1 29 37 66 114 60 15 1 0 0 0 0 0 329 Fercertages 25.00 :.00 2. L'r ,.57 7.52 9.26 6.23 9.10 10-07 5-eB v.00 0.00 0.00 0.00 0.00 8.i1 49x5 Shorewood Dr AIfWay Stop WarrantSigned.wpd September 30, 2010 Page 16 o. f 21 VLPSATI LE TRAFFIC DATA, INC 9 1;,.-2010 VolUme by Spaed by I.d:1F Report - D0831007.PRI`1 12:17 Fg 13 Sta: ATIM30F__15 Id: 003907011654 Cid: 01 Pmt: 300 - imperial Int: 15 Min. Start: Tue - Aug 31, 2010 at )Q:V0 end: lue - Aug 31. 2010 at 24:00 r-y/Town: County: 33EVARn -ocat.on. N ATLANTIC AVE.N.GF 6rvR54SC<3:J C9i File: G09310J7.PRH -TA kolth Ln2 ;;nu;:, Station Data Summary .}'Feed ;mph: 1-S F -l0 11 IS 16,20 23 26 10 71-35 36-40 41-45 46-50 51-55 56-60 61-65 66-70 71-147 Total -rand Totals 2 9 18 33 i6U 911 1554 696 129 15 2 0 3 0 11 3551 ?er'centages f,, :16. 0.21 .I. 51 R.9i 4.7,'. ?. °.. n5 43.76 19.60 3.63 0.42 0.06 0.00 0.08 0.00 0.31 _.+ne 2 Total .:I -and 1'ota's I7.:!: -553 ��rcentngne S". 03.69 Speed Summary Tota! AvgSpd :5irle 50ilie 951ile >55 F-55 X60 4,60 >65 t,65 :551 32.61 37.66 14 0.4 14 0.4 11 0.3 Am/Pm Peak. Hour Totals Saeed(mph) -a10 ->15 -20 ->25 ->30 >35 X40 -45 -aS0 ->55 -n60 ->65 ->10 a70 Total Am Hou- 11-12 0 0 0 3 14 62 300 43 2 1 G 0 1 0 2 226 ,Percentages 0.00 0.00 F.09 8.20 6.81 G.44 6.18 1.55 6.67 0.00 0.00 33.33 0.00 10.18 6.42 i'Ti1 :4i�n� 16 1 , -- 0 2 _ 76 111 E5 12 2 1 0 _ 0 L 296 8.3: 9.43 9.34 9.30 13.33 50.00 0.00 33.33 9.00 -._- 5.34 4915 Shorewood Dr AIIWay Stop Warrant Signed.wpd September 30, 2010 Page 17 of 21 Summary of Vehicle Movements ..Un Trnnrnm•t<.finn Fn..:vaarina ('nnardtantc_ Inc Project: Cape Canaveral Ali-Wa` Sto \Varrant LTEC 04 -4915 NIS Road: North Atlantic Ave Ohserver: GE Township: EIV Road: Shorewood Dr Weather: Clear Range: Date: Tuesday, September I4, 2010 Rd Condition: Dry Section: City: Cape Canaveral Signal: Aro County: Brevard Intersection Alain SMetMovement -NorllrtSouth FDOT SF: 1 1.11 Pk Hr Factor: 0.782 Seasonativ Ad'usted PAL Peak Hour Turning Movement Summary All VehieIes - 12:00 -1:00 Speed: 35 NIPH D: SB: North Atlantic Avc 0.661 Tr.Is _ 1 178 F347 Speed: 36 MPH D: 0 172 1 6 sroe NVB: Shorewood Dr N/A ~J 3 J •— 0 30 — J 27 EiL= 0 N 1 28 D. D.• -- 0.517 0 344 22 199 366 Trks- 5 D: NB: North Aeantic Ayc 0.648 Seed: 35 MPH AAL & Phi. North Atlantic Ave North Atlantic Ave Shorewood D PeakHaur Nonhbound Southbound Eastbound Westbound Time Intemml Lt That I Rt I Trks Lt Thru I Rt Trks Lt That Rt TTI -.s Lt T7mt Rt Trks 11:00 11:15 0 27 3 1 2 19 0 0 0 0 0 0 2 0 0 11:15 11:30 0 25 3 3 3 2. 0 3 0 0 0 0 t0 0 1 0 11:30 I1:45 0 20 6 1 0 35 0 2 0 0 0 0 4 0 0 0 11:45 13:00 0 42 3 4 3 +2 0 0 0 0 0 0 3 0 0 0 HourIx Sum 0 114 15 S 114 0 0 0 0 19 0 4 12:00 12:15 0 33 6 0 3 43 0 0 D 0 0 0 2 0 0 12:15 12:30 0 85 7 0 1 39 0 0 0 0 0 0 8 0 0 0 12:30 12:45 0 116 4 4 1 38 0 0 4 0 0 0 7 0 0 0 12.45 1:00 0 76 3 ? 0 35 0 0 D 0 0 0 7 0 1 0 Hourly Sunt 0 3101 20 $ 1551 0 1 Ol 0 Oil 241 0 3 1:00 1:15 0 39 7 1 1 22 0 2 0 0' 9 0 2 0 1:15 1:30 0 -'7 7 2 4 30 0 0 0 0 0 0 5 0 2 0 1:30 1:45 0 37 5 2 3 2' 0 1 0 0 0 0 8 0 2 1 1:45 2:00 0 32 6 1 0 26 0 0 4 0 0 0 S 0 2 0 Hourly Stun 0 135 25 8 100 0 0 0 0 30 0 8 2:00 2:15 0 26 5 2 0 23 0 L 0 0 0 0 8 0 - 0 2:15 230 0 25 7 2 1 32 0 1 0 0 0 0 14 0 3 0 2:30 2:45 0 24 11 1 0 30 0 1 0 0 0 0 6 0 1 0 2:45 3:40 0 35 8 1 51 21 0 1 0 0 0 0 3 0 21 0 m 0 110 31 6 106 0 0 0 0 31 0 3 15 0 27 4 4 0 32 0 0 0 0 0 0 S 0 0 0 30 0 25 5 1 0 30 0 0 0 0 0 0 9 0 3 0 45 0 33 7 1 Dal 0 0 0 0 0 0 10 0 4 0 00 r4:OO4:15 0 33 l0 2 2 30 0 1 0 0 0 0 5 0 0 0 m 0 118 26 2 123 0 0 0 0 35 0 7 0 25 10 1 4 53 0 0 0 0 0 0 12 0 0 0 30 0 19 10 1 '- 37 0 1 0 0 D 0 7 0 2 0 4:30 4:45 0 26 5 1 3 42 0 1 0 0 0 0 7 0 2 0 +.45 5:00 Q 24 10 I 2 32 0 1 0 0 0 0 L 0 1 0 0 94 35 4 11 164 0 3 0 0 0 0 27 0 5 0 0 27 5 2 4 41 0 0 0 0 0 0 3 0 0 0 0 29 1 1 42 0 0 0 0 0 0 5 0 3 0 r6:OO6-.15 0 22 10 1 4 39 0 2 0 0 0 0 7 0 1 1 0 0 19 16 2 1 41 0 0 0 0 0 0 5 0 0 0 0 97 33 6 10 163 0 2 0 0 0 0 20 0 4 1 5 0 20 $ 1 36 0 1 0 0 4 0 3 0 2 - 0 6:15 6:30 0 17 4 2 1 28 0 0 0 0 0 0 0 ? 0 6:30 6:45 0 26 3 1 1 42 0 1 0 0 0 0 4 0 1 0 6:45 7:00 0 20 8 I 2 24 0 1 0 0 0 0 3 0 0 0 Hourly Sum 0 S3 20 5 6 t30 0 3 0 i 0 01 0 13 0 51 0 Peak Hour 12:00 "00 0 310 �0 5 5 i55 0 31 ol 0 0 0 24 0 3 0 P]%L Peak Hour Summary - Seasonally Ad'usted with FDOT Factor 12:00 1:00 0 34.4 22 6 172 0 0 0 MO, 27 0 3 0 129 29 8 48 0 0 0 0 9tI tPenk15 9 6.040 f.4% 96.640 LO �' 90.04nes 0 1 1 1 0 0 Q 0 > 0 ApprTotal 366 MW 178 0 30 Appr% 63.845 am 31.096 Men5.246 ?.nay TOra[ ,47 Ifill0l 199 7s D 0 Asea 46 Ttutss 199.1%1 0.940 13.69.4 86.496 21.496 7&.690 EM Pk Hr Factor 1 1 0.67 1 0.69 Imml 0.50 1 0.90.1 IMMIT 035 1 1 0.38 SNPW-1'' Leeke Transportation Enghteoing Cansatlards, 6rc. 2070 4915 Shorewood DrAllWayStop Warrant Signed.wpd September 3a, taro Page 18 of 21 Intersection Delay Study - Field Sheet Location: N ktkntir A= A• ShorelyaM D1 Cih. Cape Canaveral _ County: Brevard Approach- Westbound \foremen. Westbound Left Oulti Date: September 14, 2010 o...a.•�u, AA A01) flFer r•GF W Time _- (Minute Starting At) +0 Sec Total Number ofVehicles St din the ; roaehAt Time 15 Sec +30 Sec +45 Sec ApproncbVolume Number Number Not Sroved Stowed 3:00 PM 0 3:01 Pmf 1 1 i 0 3:02 PM 1 1 1 0 3:03 PDS 0 0 3:04 PTS 1 1 0 :05 PM 1 1 1 0 3:06 PTI 0 3:07 PDi 0 0 3:03 PDT 0 0 3:09 PM 0 0 3:10 PM 0 0 3:II PM 0 0 3:12 Ph1 1 1 1 0 3:13 PD1 0 0 3:14 PM 1 1 0 3:15 PEf 0 0 3:16 PDf 1 1 1 0 3:17 PES 1 1 1 0 3AS PES 1 1 1 0 3:19 PEI l 1 1 0 3:20 Phi 0 0 3:21 PM 0 0 �? PEI 0 0 3:23PDf 0 0 324 PM 1 i 1 0 :25 PEI 0 0 3:26 PM 1 1 1 0 3:27 PEI I 1 0 3:2SPhf 1 1 1 0 3:29 PM 1 1 1 0 3:30 PEI 0 3:31 PDI 1 I 1 0 3:32 PM 1 1 0 3:33 PM 0 3:34 PES i 1 i 0 3:35 PDI 0 0 3:56 Phi 1 1 1 0 5:37 PAF 1 1 1 0 3:35 Phi i 1 1 0 3:39 PDi 1 1 1 0 3:40 PDf 1 1 1 0 3:41 PDS 0 0 3:42 T%f 1 0 3:43 PDf 0 0 3:•44 PDI 1 i 1 0 3.45 PDS O 0 3:46 PDf 0 0 3:47 PM 0 0 3:4S PDL 0 0 3:49 PM 1 0 3:50 Ph1 0 0 3:51 PAI i 1 1 0 3:52 PM 0 0 3:53 PAI 1 1 1 0 3:54PEi 0 0 3:5$ Phi 0 3:56 PEI 1 1 1 0 3:57 PEI O 0 3:59 PD1 L 1 1 0 3:S9Phi 0 0 Subtotal 13 18 19 13 32 0 Total 63 52 - TOTAL DELAY W TOTAL NUMBER STOPPED s SAh4PLING IN'NRti _.%L 63 X15 = 945 VEI{SEC AVERAGE DEL46Y PER STOPPED VEEIICLE TOTAL DEL41' NUMBER OF STOPPED 3'E.111CLES = 945 = 29.53 SEC AVElUGE DELAY PER APPROACH I-TWCLE _ TOT AL DELAY 2 PPROACH VOLLI[E 29.53 = 0.92 SEC ;2 PERCENT OF VEHICLES STOPPFD = \TnIBER OF STOPPED VEHICLES APPROACH VOLUhf6 _ :2 = 100.00°5 PERCENT 32 491�5ShorewoodDrAllWay Stop WarrantSigned.wpd September30, 2010 Page 19 of 21 Intersection Delay Study - Field Sheet Eocatien: N' Attatak Ayjn & Shnrrtvnn i Dr Cin: Cape Canaveral Cotmty: Brevard Approach: Westbmmd Movrntenr. Westbound Right Only Date: September l;, 2010 fl1.e�-x- f F wr Time Total Number of,'ehicles ApproachVoltmte (Minute Staran¢At) Stopped in the A mach At Time Number \utnber\ot +0 Sec + 15 Ste +30 See +45 Sec stowed stopped 3:00 PAL 0 3:01 PM ° 3:02 PM 0 3:03 PM ° 3:04 Ph1 ° 3:05 PAL ° 3:06 PhI ° 3;07 PAi ° 3:08 PAL ° 3:09 PM ° 3:10 PAI 0 3:11 PM ° 3;11 PAL ° 3:13 PAS 0 3:14 PM ° 3:15 PM ° 3:16 PAL ° 3:17 PM i 1 1 0 3:15 Pei 0 3:19 PAI ° 3:20 PAZ ° 3:23 PAI ° 3 -?1 PAL ° 3:23 PAI 1 1 I 0 3:24 PAI ° 3:25 PM ° 3:26 PM 1 1 1 0 3:27 PAL ° 3:28 Phi ° 3:29 PAS ° 3:30 PAS ° 3:31 PAL ° 3:;2 PAI 0 3:33 PAL ° 3?4 PM ° 3:35 PM 1 1 0 3:36 PM ° 3:37 PAS ° ,:39n ° 3:39 PM ° 3:40 PAI 1 1 1 1 0 3:41 PAI 0 3:42 PAI T ° 3:43 PAI ° 3:4-4 PAC 1 1 0 3:45 PAI ° 3:46 PAC ° 3:47 PM ° 3:48 PM ° 3:49 PAL ° 3:50 PAI ° 3:51 PAI ° 52 PAL ° 353 PAI ° 3:54 PAC ° :5; PAS 0 ?:56 PAL 0 357 PM ° 3:53 PAI ° 359 PAi ° Subtotal 1 2 4 5 2 7 0 Intal 113 7 TOT_•,L DEL. -k = TOTS L %TUIISER STOPPED % SA11JPLD;G L\•TER, AL = 13 Y 15 = 195 NTH -SEC AVERAGE DEE-kV PER STOPPED VEHICLE = TOTAL. DETAY \TUAIBER OF STOPPED VEHICLES _ f95 17.56 SEC ANTR.{GE DELAY PER APPROACH 4TMCLE = TOTAL DELAY APPROACH VOLLTLE o 27-36 s 3.95 SEC 7 PERCEti"T OF,THICL-ES STOPPED = \U3dBER OF STOPPED VEHICLES APPROACH VOLLIIE 100.00°o PERCENT 4915 Shorewood DrAllWay Stop WarrantSigned.wpd Septemberao, 2mo Page 20 of 21 Intersection Delay Study - Field Sheet Location: \ atlantic Ave. & Shorewood Dr. City. Cape Canaveral County: Brevard -Approach: Westbound Movement: Westbound Left & 8i'.ht Dole: September 14,'_010 Time (BirnuteStaranzA0 i 0 Sec Total Number of Vehicles toppNedinathe. roach At Time + 15 Sec +30 Sec +45 Sec Approach Volume Number \tmtber\ot Stopped Siopped 70015"T 1 F 0 0 0 3:01 PM 0 0 1 1 1 0 3:02 Phi 1 1 0 0 1 0 3:03 Phi l 1 0 0 0 0 3:04 Phi 9 0 0 1 1 0 3:05 Phf 0 1 1 0 1 0 3:06 PAI 0 0 0 0 0 0 3:07 Poi 0 0 0 0 0 0 3:08 PSL 0 0 0 0 0 0 3:09 PM 0 0 0 0 0 0 3A0PDi 0 0 0 0 0 0 3:11 PSL 0 0 0 0 0 0 3:12 Phi 1 1 1 0 ' 0 3:13 PM 0 0 0 0 0 0 3:14 Phi 0 1 1 0 1 0 3:15 PM 0 1 0 0 0 0 0 3:16 PSI 0 0 1 1 1 1 0 3:17 PM 2 0 0 2 0 3:13 PM 0 0 1 1 1 0 3:19 PDL 0 1 1 0 1 0 3;20 Phi 0 0 0 0 0 0 3:2I PSI 0 0 0 0 0 0 3:22 PDI 0 0 0 0 0 0 3:23 PM 0 1 1 0 1 0 3:24 PM 1 1 0 0 1 0 3:25 PSI 0 0 0 0 a 0 3:26 PM 1 1 1 1 2 0 3727 PSL 0 0 I I 1 0 3:25 PM 0 0 1 ! 1 0 3:29 Phf 1 1 0 0 1 0 330 PSi 0 0 0 0 0 0 3?1 PDL 0 0 t 1 I 1 0 3:32 PM ! 0 0 0 1 0 3:33 PDI 0 0 0 0 6 0 3:34 PDI 0 0 1 1 1 0 3:35 PDI 0 0 1 0 1 0 3:36 PM 0 1 1 .0 0 3:37 PS1 0 0 1 1 1 0 3:38 PAI 1 1 0 0 1 0 3:39 PM 1 1 a o 1 0 3:40 Fhb I 1 I ' 0 3:41 Phf 0 0 0 0 0 0 3:42 Phi 0 1 2 1 2 0 3:43 I'M 0 0 0 0 0 0 3.4 Phi 0 0 1 2 2 0 3:55 PDi 0 a 0 0 0 0 3:46 PDi 0 0 0 0 0 0 3:47 PSL 0 0 0 0 0 0 3:4$ PSI 0 0 0 0 0 0 3:49 I'M1 I 0 0 1 0 3:50 PM 0 0 0 0 0 0 3:51 P M 0 0 1 1 1 0 3:52 PM 0 0 0 0 0 0 3:53 Ph1 0 1 1 0 1 0 3:54 PDi 0 0 0 0 0 0 3:55 PM 0 0 0 a 0 0 3:56 PSI 1 1 0 0 1 0 3:57 PM 0 0 0 0 0 0 3:53 PM 0 1 1 0 1 a 3:59 PM 0 0 1 0 0 p 0 Subtotal 15 ?? 24 IS 39 0 Total 76 39 TOTAL DELAY = TOTAL. NUMBER STOPPED s SAMPLDCG L\TERVAL = 76 Y 15 = 1,140 \•EH -SEC ,AVERAGE DELAY PER STOPPED VEHICLE _ _ TOTAL DELAY NUMBER OF STOPPED \EHICLES = 1,140 — 29.23 SEC 39 AVER -AGE DELAY PERAPPROACH VEHICLE = TOTAL DELAY APPROACH \'OLLME 0.75 SEC 39 PERCENT OF AEHICLES STOPPED = \Zl_ BER OF STOPPED \EHICLES .APPROACH VOLUME = 39 = 100.00% PERCENT 39 4915 Shorewood Dr AIIWay Stop Warrant Signed.wpd september 3o, 2oao Page 21 of 21 City of Cape Canaveral City Council Agenda Form City Council Meeting Date. 11/04/2010 Item No. .11 Subject: Request by the Mayor to consider making tattoo studios a Special Exception Use and regulating them as to location. Department: Community Development Department Summary: Currently, there are no tattoo studios in the City of Cape Canaveral. The Code does not specifically address tattoo studios, but they have been allowed in the past. Staff has surveyed other local governments to determine if and how others regulate tattoo studios (see attached matrix). Some prohibit tattoo studios outright, most require a Special Exception in commercial zonings, and some have a minimum separation distance. While some cities prohibit tattoo studios outright, Assistant City Attorney Kate Latorre does not advise an outright ban because of a recent court case that finds tattooing to be a form of expression protected by the First Amendment. The City of Cocoa Beach adopted an ordinance in August that prohibits tattoo studios and body -piercing salons in residential zones and makes them a Special Exception Use in commercial zones (see attached ordinance). It also calls for a minimum separation distance of 2,000 feet from other studios or salons. The request was presented to the Planning and Zoning Board at its October 13, 2010 meeting. The Board discussed the issue and determined that it wanted direction from the Council as to whether it should pursue the request before taking further action. Staff believes that tattoo studios and body -piercing salons do not create the desired image for Cape Canaveral and do not further the Vision Statement that resulted from the 2009 Visioning. Staff recommends that the City use this opportunity to manage tattoo studios and body -piercing salons as to location by making them Special Exception Uses and allow only in industrial zoning and with an appropriate separation distance. Staff elicits direction from the Council on this matter. Requested Council Action: Staff requests that Council provide direction to staff to prepare an ordinance making tattoo studios and body -piercing salons Special Exception Uses with criteria regulating their location. Financial Impact: None. Ttr Reviewed by City Treasurer: Andrea Bowers !O 27 a Request by the Mayor to consider making tattoo st los a Special Exception Use and regulating them as to location - Continued Attachments: (1Comparison matrix. 2 Cocoa Beach Ordinance No. 1500. Submitting Council Member: Rocky Randels Approved by City Manager: David Greene City Council Council Action: [ ] Approved as Recommended [ ] Approved with Modifications Tabled to Time Certain 2 Date: 10/26/10 Date: /0J27/A [ ] Disapproved to .2 0 0 H ■///_0 R� L E 0 V E C 4i 0 t� 0 O o cu 0 Q L C C13 Q c "Q Q c Q CL W E U L O O N 70, �' D `E 41 N �c= .,G V Ow V c��a 3 v, ca 0— o cc 0 "- O a - 0 a W.- Z; -0 O U C.) O Q cc c Q1 V 4- O C Q x O C C) i V Q3 N CR O N Q N 4-- 'Q c s Qh 0 C a (D co CCcCrj � O O Q7 cD 3 v1 Q) O °� o 0 --�. (1) C(1) 3 A 422 X(:)(Da G? -3 crt • U O D_ -o O a. o. O O a N c �? p N 2 CL co wI V w w C co �-- 2 '" W E�6� 'U i6 co U w U U E= O .L 2 (] 0 E C/) N E v E N E (aO U E m N E o O U U U OE 0 L a)E c Q°m 10 � � % (Do �U�% UUcm�c �c Ec c ZC7 U 0 Q C7 UU C')Z = C7 r (D Q E> co N fA v L 0 c cc o Q = d aD o U Y 'C Q '.•' c 0 co 0 U- � U 0 CO t+ rr A+ ,Amarl-� 1 ORDINANCE NO. 1500 2 3 AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, 4 FLORIDA, AMENDING THE COCOA BEACH CODE APPENDIX B, "THE CITY OF s COCOA BEACH LAND DEVELOPMENT CODE" CHAPTER II "DEFINITIONS" BY 6 ADDING DEFINITIONS FOR BODY -PIERCING, TATTOOING, BODY -PIERCING 7 SALON, AND TATTOO STUDIO; AMENDING CHAPTER III "ZONING" BY s REVISING SECTION 3-08C, PERMITTED USES IN THE RM -2 MULTIFAMILY 9 PROFESSIONAL ZONING DISTRICT, FOR THE PURPOSE OF NOT PERMITTING 10 TATTOO STUDIOS AND BODY -PIERCING SALONS IN A RM -2 ZONING 11 DISTRICT; REVISING SECTION 3-09F, PROHIBITED USES IN THE CT -1 12 OCEANFRONT RESIDENTIAL AND TRANSIENT ZONING DISTRICT, FOR THE 13 PURPOSE OF PROHIBITING TATTOO STUDIOS, BODY -PIERCING SALONS, 14 BODY -PIERCING AND TATTOOING IN A CT -1 ZONING DISTRICT; REVISING 15 SECTIONS 3-10E AND 3-11E, SPECIAL EXCEPTION USES IN THE CN 16 NEIGHBORHOOD COMMERCIAL AND CG GENERAL COMMERCIAL ZONING 17 DISTRICTS, TO INCLUDE AS SPECIAL EXCEPTION USES IN THE CN AND CG 18 ZONING DISTRICTS "TATTOO STUDIOS AND BODY -PIERCING SALONS" AND 19 SETTING STANDARDS FOR SUCH SPECIAL EXCEPTION USES; ALL FOR THE 20 PURPOSE OF REGULATING THE LOCATION AND PLACEMENT OF TATTOO 21 STUDIOS AND BODY -PIERCING SALONS; REPEALING OTHER CITY CODE 22 PROVISIONS IN CONFLICT WITH REVISIONS TO THE LAND DEVELOPMENT 23 CODE; PROVIDING FOR INCORPORATION OF RECITALS, SEVERABILITY, 24 INTERPRETATION, CONFLICTS, AND AN EFFECTIVE DATE. 25 26 WHEREAS, Florida Statutes Chapter 163, Local Government Comprehensive Planning and Land 27 Development Regulation Act provides for the ability of Cocoa Beach to plan for its future development and 28 growth and provide necessary regulations and adopt a Land Development Code; and, 29 30 WHEREAS, the City Commission finds a need to modify the City of Cocoa Beach Land Development 31 Code Zoning Chapter to provide for the regulation of placement of Tattoo Studios and Body -Piercing Salons, 32 and further finds that such regulation is a desirable option for the City in order to avoid the proliferation or 33 concentration of such establishments in the City; and, 34 35 WHEREAS, the Cocoa Beach Planning Board has reviewed the proposed amendment at a duly 36 noticed public hearing held on July 6, 2009, and said Board has recommended adoption of the changes to the 37 City Code; and, 38 39 WHEREAS, the City Commission held duly noticed public hearings on August 6, 2009, and August 40 20, 2009 to consider this amendment and has posted and provided public notice regarding this ordinance in 41 accordance with City Code and Florida Statutes; and, 42 43 WHEREAS, the City Commission and the Planning Board both find that the ordinance is consistent 44 with the City's Comprehensive Plan, and that avoiding proliferation or concentration of Tattoo Parlors and 45 Body -Piercing Salons promotes the public health, sa#ety, welfare economic order, public interest, and protects 46 the value of property in the City; 47 CADocuments and SettingsT.Brown\Local Seitingsliemporary Internet FileslContent.Outlook\M60J4RQG\Ord 1500 Special Exception FINAL -FINAL -FINAL -FINAL (8-17-09).doc 46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCOA 49 BEACH, FLORIDA: 50 51 52 SECTION ONE: The above recitals are true and correct and by this reference are hereby 53 incorporated herein and made an integral part hereof as though fully set forth herein. 54 55 56 SECTION TWO: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, The City 57 of Cocoa Beach Land Development Code, Chapter Il "Definitions", Article II "Definitions", is hereby amended 58 by adding a new Definition No. 19.5 "Body -Piercing", with said definition to read as follows: 59 60 19.5 Body-Plercin4._ For commercial purposes the act of penetrating the skin to make, 61 generally_ permanent in nature, a hole, mark, or scar. "Body -Piercing" does not 62 include the use of mechanized, pre -sterilized ear -piercing system that penetrates the 53 outer perimeter or lobe of the ear or both. 64 65 66 SECTION THREE: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, The 67 City of Cocoa Beach Land Development Code, Chapter If "Definitions", Article II "Definitions", is hereby 68 amended by adding a new Definition No. 19.6 "Body -Piercing Salon", with said definition to read as follows: 69 70 19.6 Body -Piercing Salon. Any tem!]orary or permanent place. structure, or business that 71 is licensed under the provisions of F.S. §, 381..0075 to perform body -piercing. 72 73 74 SECTION FOUR: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, The City 75 of Cocoa Beach Land Development Code, Chapter 11 "Definitions", Article II "Definitions", is hereby amended 76 by adding a new Definition No. 209.5 "Tattooing", with said definition to read as follows: 77 78 209.5 Tattooing. The placement of indelible pigment inks or scarification beneath the skin 79 by use of needles for the purpose _ofadomment or art. For the purposes of this code, 80 "tattooing" does not include the practice of permanent makeup and micro - 81 pigmentation when such procedures are performed as incidental services in a 82 medical office or in a personal services establishment such as a hair or nail salon. 83 84 85 SECTION FIVE: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, The City 86 of Cocoa Beach Land Development Code, Chapter I[ "Definitions", Article II "Definitions", is hereby amended 87 by adding a new Definition No. 209.6 "Tattoo Studio", with said definition to read as follows: as 89 209.6 Tattoo Studio. Any temporary or permanent placestructure, or business used for 90 the practice of tattooing_ 91 Ordinance No. 1500 Page 2 of 5 92 SECTION SIX: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, Land 93 Development Code, Section 3-08C, RM -2 Multifamily Professional District, "Permitted Principal Uses and 94 Structures", is hereby amended as follows: 95 96 C. Permitted principal uses and structures. This shall be: 97 1. Multifamily dwellings. 98 2. Professional and business offices, not including the sale or distribution of 99 merchandise from the premises. Examples of such uses are medical, legal, 100 architectural, engineering, real estate offices and the like. Not included are Body 101 Piercing_ Salons_ and/or Tattoo Studios. 102 3. Churches and similar places of worship with their attendant educational buildings and 103 recreational facilities, if located on a major street or thoroughfare. 104 4. Community residential homes, Level I. 105 5. Each principal use in a phased development must be allocated to an individual site 106 which meets all of the requirements set forth in these regulations. 107 6. Major and minor public utility structures, owned, operated, franchised or supervised 108 by the city. 109 110 111 SECTION SEVEN: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, Land 112 Development Code, Section 3-09F, CT -1 Oceanfront Residential and Transient District, "Prohibited Uses and 113 Structures" is hereby amended as follows: 114 115 F. Prohibited uses and structures. This shall be any uses not listed as permitted or allowed 116 by special exception and specifically: 117 1. Industrial uses and structures. 118 2. Facilities and services which create through objectionable noise, air pollution, 119 obnoxious odors, or other annoyances are considered incompatible and not in 120 keeping with the residential and family-oriented tourist -amenity intent of the district. 121 3. Wholesale and retail sale of fireworks. 122 4. Body -Piercing and Tattooing, and Body -Piercing Salons and/or Tattoo Studios. 123 124 125 SECTION EIGHT: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, Land 126 Development Code, Section 3-10E, CN Neighborhood Commercial District, "Special Exceptions", is hereby 127 amended by adding a new paragraph (special exception use) 3-10E(16) to read as follows: 128 129 16. Tattoo Studios and Body -Piercing Salons. When considering an application for 130 Tattoo Studios and Body -Piercing Salons the board must consider the special 131 exception criteria listed below, in addition to that criteria listed in Section 5-57C. 132 The board may deny the reguest. approve the reguest, or approve with 133 conditions the requestbased upon a review of these considerations. The board 134 may assign additional conditions and safeguards as deemed necessary 135 a. Whether the request will cause damage, hazard, nuisance or other detriment 136 to persons or property. 137 Ordinance No. 1500 Page 3 of 5 138 b. No new or relocated tattoo studio or body -piercing salon should be placed 139 within 2,000 feet_of _any_ lawfully existing Tattoo Studio or Body -Piercing 140 _Salon establishment. This distance shall be measured from any public 141 entrance_ or exit of the new or relocated establishment in a straight line of the 142 existing establishment. The board may consider establishments be located 143 closer than the 2.000 foot standard, if by the preponderance of evidence . .......y " 144 mmunity such new or relocated establishment promotes the welfare of the cor 145 and serves to promote the preamble to the City Charter. 146 c. Any other issue that is reasonably related to the nature of the reguest. 147 d. If the owner of a currently existing Tattoo Studio or Body -Piercing Salon, as 148 of August 20 2009 loses his lease or use of his building or building location 149 through no fault of his own is unable to find a_comparable replacement 150 site 2000 feet from another Tattoo Studio or Body -Piercing Salon, then. in 151 such circumstances if properly established, the Board shall allow such an 152 owner to relocate to another site that may -be -within 2000 feet of an existing 153 Tattoo Studio or Body -Piercing Salon. This provision is not applicable to 154 owners subsequent to _August 20, 2009 to include those who may acquire a 155 corgorately owned Tattoo Studio or Body -Piercing Salon. 156 157 158 SECTION NINE: That the Code of Ordinances, City of Cocoa Beach, Florida, Appendix B, Land 159 Development Code, Section 3-11 E, CG General Commercial District, "Special Exceptions", is hereby 160 amended by adding a new paragraph (special exception use) 3-11 E(14) to read as follows: 161 162 14. Tattoo Studios and Bod-Piercinq Salons. When considering an anglication for 163 Tattoo Studios and -Body -Piercing Salons, the board must consider the special 164 exception criteria listed below, in addition to that criteria listed in Section 5-57C. 165 The_ board may deny the request, approve the request, or approve with 166 conditions the request, based upon a review of these considerations. The board 167 may assign additional conditions and safeguards as deemed necessary: 168 a. Whether the request will cause damage, hazard, nuisance or other detriment 169 to persons orpropeq. 170 b. No new or relocated tattoo _ sor body -piercing salon should be placed _„ studio . 171 within 2,000 feet of any lawfully existing Tattoo Studio orB_ody-Piercing 172 Salon establishment. This _ distance shall be measured from any public 173 entrance or exit of the new or relocated establishment in a stralciht line of the 174 existing establishment. The board may consider establishments be located 175 closer than the 2,000 foot standard, if by the preponderance of evidence 176 such new or relocated establishment promotes the welfare of the community 177 and serves to promote the preamble to the City Charter. 178 c. Any other issue that is reasonably related to the nature of the request. 179 d. If the owner of a currently existing Tattoo Studio or Body -Piercing -Salon, as 180 of August 20, 2009, loses his lease or use of his building or building location 181 through no fault of his own and is unable to find a comparable replacement 182 site 2000 feet from another Tattoo Studio or Body ,Piercing Salon, then, in 183 such circumstances -if proAerly established, the Board shall allow such an 184 owner to relocate to another site that may be within 2000 feet of an existing 185 Tattoo_ Studio or Body -Piercing Salon. This provision is not applicable to 186 owners subseauent to August 20 _2009 to include those who may acquire a 187 corporately owned Tattoo Studio or Body -Piercing Salon. Ordinance No. 1500 Page 4 of 5 488 SECTION TEN: INTERPRETATION. In interpreting the body of Sections Two, Three, Four, Five, Six, Seven, Eight, and Nine of this Ordinance, the following rules of interpretation shall be utilized: (1) Terms underlined are additions to existing text. (2) Terms A.Wnkp^ +time^, ^'' are deletions from existing text. SECTION ELEVEN: SEVERABILITY. If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION TWELVE: REPEAL OF CONFLICTING ORDINANCES. All ordinances or parts of ordinances, and all resolutions and parts of resolution, in conflict herewith are hereby repealed to the extent of such conflict. SECTION THIRTEEN: EFFECTIVE DATE. This Ordinance shall be become in full force and effect upon adoption by the City Commission in accordance with the Charter of the City of Cocoa Beach, Florida. Upon Motion by Commissioner and Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of '2009. ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Ordinance No. 1500 Ayes: Nays: Absent or Abstaining: Leon "Skip" Beeler, Mayor -Commissioner Page 5 of 5