HomeMy WebLinkAboutPacket 03-17-2009 RegularCity of Cape Canaveral
k CITY COUNCIL REGULAR MEETINtf
i,,i/I/ owlCITY HALL ANNEX
I 11 Polk Avenue, Cape•
TUESDAY
March 17, il'
11 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
7:00 p.m. — 7.45 p.m.
St. Johns River Water Management District's Model Water Conservation Ordinance for
Landscape Irrigation
Final Report on the Preliminary Design of the North Atlantic Avenue Streetscape Project.
Legislative Services Presentation
REPORTS:
7.45 p.m. — 8:00 p.m.
City Manager
Staff
Business & Cultural Development Board Report.
AUDIENCE TO BE HEARD:
8.'00 p.m. — 8'30 p.m.
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 • Posr Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.corn
City of Gape Canaveral, Florida
ity Council Regular Meeting Agenda
March 17, 2009
Page 2 of 2
CONSENT AGENDA:
8:30 p.m. — 8:35 p.m.
1. City Council Regular Meeting Minutes of March 3, 2009.
RESOLUTION:
8:35 p.m. — 8:55 p.m.
2. Motion to Approve: Resolution No. 2009-06, Establishing a Charter Review
Committee.
ORDINANCE: Second Public Hearing:
8:55 P.M. — 9:10 P.M,
3. Motion to Adopt: Ordinance No. 04-2009, Amending Chapter 98, Article II, Plats.
CONSIDERATION:
9:10 p.m. — 9:25 p.m.
4. Motion to Approve: Selection of Citizens' Visioning Committee.
DISCUSSION:
9:25 p.m. — 9:45 p.m.
5. 2009 Management Improvement Agenda.
REPORTS:
9:45 p.m. —10: 00 p.m.
City Council
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If
a person decides to appeal any decision made by the City Council with respect to any
matter considered at this meeting, that person will need a record of the proceedings, and
for such purpose that person may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based. This notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise allowed by law. Persons with
disabilities needing assistance to participate in any of these proceedings should contact
the City Cleric's office (868-1221) 48 hours in advance of the meeting.
Meeting Type: Regular
Meeting Date: 03-17-09
AGENDA
Heading
Presentation
]tem
See the attached summary of the new restrictions and model ordinance.
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PRESENTATION: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S
MODEL WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION
DEPTIDIVISION: PUBLIC WORKS
Requested Action:
Mrs. Ann Benedetti, Intergovernmental Coordinator with SJRWMD, will make a brief presentation on the
model landscape irrigation ordinance the district is requesting the City adopt.
Summary Explanation & Background:
See the attached summary of the new restrictions and model ordinance.
As of this date, no city in Brevard County has adopted this model ordinance.
Exhibits Attached:
Sununary of restrictions; Model ordinance
City Manager's Office
Department PUBLIC WORKS
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shi,u,ritbefy, trrwe5 lawns grass, grOara"d caaVers,
lal,ortta., vines, rJarrcleutt, jrid otttr,�r aa,.tch fla:;,araa
that arc situated In such r iveiso l atism
s ra.,.,kJ w-atlwal an o;., public cw'are'virnwioal
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alio ^r°!s, te(?S, f'�ljfW;�ys, l)6r•r1,;)ty rourpq,lr:,,
an(I vegetation a;aw.r; Iata,d wriruflu Iwrtonsive
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faaw rlrtlr„t°s rlr wit",tned to aat a'urraa'atod ale c.me r.w
rnoi c'tsYcia;nnts, In( lrar:iing imultiplt', lsoto,4-1g
Units and rnobilc Pta ones.
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Irw,tlairtr;4 tlaarts, hw+t+r6 taa-"A ear aGt;°i iin4s, and
LrdubU ic. mediGaras,and rlqhts of'.,aw•,,°ay.
The St. Johns River Water Management District's watering restrictions
are designed to ensure the efficient use of water for landscape irrigation.
'File restrictions allow enough water to maintain healthy landscapes
year-round. The mandatory restrictions specify the time when watering
may occur, the amount of water that may be applied, and the days when
watering may occur for residential and nonresidential locations. These
days depend on whether the address ends in an odd or even number, and
on the time of year.
Summary of the restrictions
• Irrigation is prohibited between 10 a.m. and 4 p.m.
• During daylight saving time irrigation is limited to no more than
two days per week on scheduled days.
• Residential irrigation at odd numbered addresses or no addresses
is allowed on Wednesday and Saturday.
• Residential irrigation at even numbered addresses is allowed on
Thursday and Sunday.
• Nonresidential irrigation is allowed on Tuesday and Friday.
• During Eastern Standard Time irrigation is limited to no more than
one day per week on scheduled days.
• Residential irrigation at odd numbered addresses or no addresses
is allowed on Saturday.
• Residential irrigation at even numbered addresses is allowed on
Sunday.
• Nonresidential irrigation is allowed on Tuesday.
• Irrigation is limited to no more than -1/+ inch of water per cone per
irrigation day.
• Irrigation is limited to no more than one hour per irrigation zone
per irrigation day.
• Irrigation is limited to only that amount necessary to meet landscape
needs.
• When reclaimed water is available for irrigation use, the use of
private irrigation wells is not authorized.
• Irrigation limitations apply to water withdrawn from ground or
surface water, from a private well or pump, or from a public or
private utility.
• lrrigation limitations apply to all landscape irrigation not currently
regulated by a consumptive use pemiit. Typically, this includes
residential, commercial and industrial establishments.
• Persons irrigating with an automatic lawn irrigation system installed
after May 1991 shall install, maintain and operate a rain sensor
device or switch that overrides the system when adequate rainfall has
occurred,
0 St. Johns River Water Management District
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continued on back
2009 -?-25
Exceptions to the restrictions
• Irrigation using a micro -spray, micro -jet, drip or bubbler
irrigation system is allowed anytime.
• Irrigation of new landscape is allowed at any time of day on any
day for the initial 30 days and every other day for the next 30
days for a total of one 60 -day period, provided that the irrigation
is limited to the minimum amount necessary for establishment.
• Watering in of chemicals, including insecticides, pesticides,
fertilizers, fungicides and herbicides when required by law, the
manufacturer, or best management practices, is allowed anytime
within 24 hours of application. Watering in of chemicals may
not exceed '/4 inch of water per application except as otherwise
required by law, the manufacturer, or best management
practices.
• Irrigation systems may be operated anytime for maintenance
and repair purposes, not to exceed 20 minutes per hour per
zone.
• Irrigation using a hand-held hose equipped with a spray nozzle
that can be adjusted so water flows only as needed is allowed
anytime.
• Discharge of water from a water -to -air air-conditioning unit or
other water -dependent cooling system is not limited.
• The use of water from a reclaimed water system is allowed
anytime. A reclaimed water system includes systems in which
the primary source is reclaimed water, which may or may not
be supplemented from another source during peak demand
periods.
• The use of recycled water from wet detention treatment ponds
for irrigation is allowed anytime provided the ponds are not
augmented from any ground or off-site surface water, or public
supply sources.
florida's water
s, wortli saving
For more information about the
watering restrictions visit floridaswater.com
St. Johns River Water N" anagemeril District
049 Rid Ste'eet Box 1129 FL 3 1 78-14,9
P,'cone (386" 320 t (JO (gh ar_irqua;'ters) • On the(rrt�,rr�rV�t.: iaw✓v .s;ifa� T�d.�.i.:6 7r
Model Water Conservation Ordinance
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S
MODEL WATER CONSERVATION ORDINANCE FOR LANDSCAPE
IRRIGATION
ORDINANCE NO.
AN ORDINANCE OF ICOUNTYICITY,J
FLORIDA. PROVIDING FOR LOCAL
IMPLEMENTATION OF THE WATER
CONSERVATION RULE FOR LANDSCAPE
IRRIGATION OF THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT;
PROVIDING DEFINITIONS; PROVIDING
LANDSCAPE IRRIGATION SCHEDULES;
PROVIDING EXCEPTIONS TO THE
LANDSCAPE IRRIGATION SCHEDULES;
PROVIDING FOR VARIANCES FROM THE
SPECIFIC DAY OF THE WEEK LIMITATIONS;
PROVIDING FOR APPLICABILITY OF THE
ORDINANCE; PROVIDING FOR
ENFORCEMENT OF THE ORDINANCE;
PROVIDING FOR PENALTIES FOR VIOLATION
OF THE ORDINANCE; PROVIDING FOR
CODIFICATION; PROVIDING FOR REPEAL OF
ALL CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the St. Johns River Water Management District has responsibility
and exclusive authority under Chapter 373, Florida Statutes, for regulating the
consumptive use of water; and
WHEREAS, the St. Johns River Water Management District has amended Rule 40C-
2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses
below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and
WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person
located within the District to use, withdraw or divert water for small landscape irrigation uses,
provided that irrigation occurs in accordance with Sections 3 and 5, subject to the exceptions set
forth 1n Section 4; and
WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of
whether the water comes from ground or surface water, from a private well or pump, or from a
public or private utility; and
WHEREAS, Rule 40C -2.042(2)(b), F.A.C., strongly encourages a local government to
adopt an ordinance to enforce Rule 40C -2,042(2)(a), F.A.C., within its jurisdiction by adopting a
landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C -
2.042(2)(a), F.A.C.; and
WHEREAS, it is the desire of the [governing body) of [County/City) to adopt such an
ordinance in accordance with 40C -2.042(2)(a) and (b), F.A.C.; and
WHEREAS, the [governing body) of the [County/CiW hereby finds and declares that
the adoption of this ordinance is appropriate, and in the public interest of the citizens of this
community.
NOW, THEREFORE, BE IT ORDAINED BY THE [GOVERNING BODY]
OF [COUNTY/CITY,J FLORIDA: Section _. Sections — through Code of
Ordinances, are hereby created to read:
WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION
Section 1. INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to implement procedures that
promote water conservation through more efficient landscape irrigation.
Section 2. DEFINITIONS
For the purpose of this Article, the following terms, phrases, words and their derivatives
shall have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words in the plural include the singular, and words in the
singular include the plural.
(a) "Address" means the house number of a physical location of a specific property. This
includes "rural route" numbers but excludes post office box numbers. If a lot
number in a mobile home park or similar community is used by the U.S. Postal
Service to determine a delivery location, (lie lot number shall be the property's
address. An "even numbered address" means an address ending in the nwnbers 0,
2, 4, 6, 8 or the letters A -M. An "odd numbered address" means an address ending
in the numbers 1, 3, 5, 7, 9 or the letters N -Z.
(b) "District" means the St. Johns River Water Management District.
(c) "Person" means any person, firm, partnership, association, corporation,
company, or organization of any kind.
(d) "Landscape irrigation" means the outside watering of plants in a landscape
such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and
other such flora that are situated in such diverse locations as residential areas, public,
commercial, and industrial establislunents, and public medians and rights-of-way.
"Landscape irrigation" does not include agricultural crops, nursery plants,
cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation
associated with recreational areas such as playgrounds, football, baseball and soccer
fields.
(e) "Residential landscape irrigation" means the irrigation of landscape associated
with any housing unit having sanitary and kitchen facilities designed to
accommodate one or more residents, including multiple housing units and mobile
homes.
(f1 "Non-residential landscape irrigation" means the irrigation of landscape not
included within the definition of "residential landscape irrigation," such as that
associated with public, commercial and industrial property, including commercial or
transient housing units, hotel and motel units, and public medians and rights-of-way.
Section 3. LANDSCAPE IRRIGATION SCHEDULES
1. When Daylight Savings Time is in effect, landscape irrigation shall occur only in
accordance with the following irrigation schedule:
a. Residential landscape inIgation at odd numbered addresses or no address may occur
only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m., and
b. Residential landscape irrigation at even numbered addresses may occur only on
Thursday and Sunday and shall not occur between 10:00 a -m. and 4:00 p.m.; and
C. Non-residential landscape irrigation may occur only on Tuesday and Friday and
shall not occur between 10:00 a.m. and 4:00 p.m.; and
d. No more than 3/ inch of water may be applied per irrigation zone on each day that
irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on
each day that irrigation occurs.
2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance
with the following irrigation schedule:
a. Residential landscape irrigation at odd numbered addresses or no address may occur
only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
b. Residential landscape irrigation at even numbered addresses may occur only on
Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and
C. Non-residential landscape irrigation may occur only on Tuesday and shall not occur
between 10:00 a.m. and 4:00 p.m.; and
d. No more than'/ inch of water may be applied per irrigation zone on each day that
irrigation occurs, and in no event shall irrigation occur for more than l hour per irrigation zone on
each day that irrigation occurs.
3. All landscape irrigation shall be limited in amount to only that necessary to meet landscape
needs.
Section 4. EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES
Landscape irrigation shall be subject to the following irrigation schedule exceptions:
Irrigation using a micro -spray, micro -jet, drip or bubbler irrigation system is allowed
anytime.
2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30
days and every other day for the next 30 days for a total of one 60 -day period, provided that the
irrigation is limited to the minimum amount necessary for such landscape establishment.
3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and
herbicides, when required by law, the manufacturer, or best management practices. is allowed at any
time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed '/
inch of water per application except as otherwise required by law, the manufacturer, or best
management practices.
4. Irrigation systems may be operated at any time of day on any day for maintenance and
repair purposes not to exceed 20 minutes per hour per zone.
5. Imigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at
any time of day on any day.
6. Discharge of water from a water -to -air air-conditioning unit or other water- dependent
cooling system is not limited.
7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this
paragraph, a reclaimed water system includes systems in which the primary source is reclaimed
water, which may or may not be supplemented from another source during peak demand periods.
8. The use of recycled water from wet detention treatment ponds for irrigation is allowed
anytime provided the ponds are not augmented from any ground or off-site surface water, or public
supply sources.
Section 5. ADDITIONAL REOUIREMENT
Any person who irrigates landscape with an automatic lawn sprinkler system installed after
May 1, 1991, shall install, maintain and operate a rain sensor device or switch that overrides die
irrigation system when adequate rainfall has occurred.
Section 6. VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS
A variance from the specific landscape irrigation days or day set forth in Section 3 may be
granted if strict application of the scheduled days or day would lead to unreasonable or unfair results
in particular instances, provided that the applicant demonstrates with particularity that compliance
with the scheduled days or day will result in a substantial economic, health or other hardship on the
applicant requesting the variance or those served by the applicant. Where a contiguous property is
divided into different zones, a variance may be granted hereunder so that each zone may be irrigated
on different days or day than other zones of the property. However, in no event shall a variance
allow a single zone to be irrigated more than two days per week during Daylight Savings Time or
more than one day per week during Eastem Standard Time.
Section 7. APPLICATION OF ORDINANCE
The provisions of this Ordinance shall apply to each person located within the
[County/City].
For local governments located in more than one water management district, an
interagency agreement between the two districts pursuant to §3 73.046(6), will be needed to use
this ordinance throughout the local government jurisdiction.
Section 8. ENFORCEMENT OFFICIALS
The local government should authorize lair enforcement personnel and/or other
government staff as the enforcement officials for the area governed by this Ordinance. For
example:
Law enforcement officials having jurisdiction in the area governed by this
Ordinance are hereby authorized to enforce the provisions of this Ordinance. In
addition, the [County/City]JAdin in istrator/Manager] may also delegate
enforcement responsibility for this ordinance to agencies and department of
jCounty/City] govemment.
Section 9. PENALTIES
The local government should include penalties that include the issuance of citations, the
treatment of each day a violation occurs as a separate offense, the imposition of fines that are
significant and progressive, and allow other legal action to be taken. For example:
Violation of any provision of this Ordinance shall be subject to the following penalties:
First violation Written Warning
Second violation $50.00
Subsequent violations Fine not to exceed $500
Each day in violation of this Ordinance shall constitute a separate offense.
Enforcement officials shall provide violators with no more than one written
warning. In addition to the civil sanctions contained herein, the (County/CiW may
take any other appropriate legal action, including, but not limited to, injunctive
action to enforce the provisions of this Article.
Section 10. CODIFICATION
Codification of this Ordinance is hereby directed and authorized.
Section 11. ORDINANCES REPEALED
The local government should list here any previous ordinances pertaining to landscape
irrigation, water shortage, or other water use that conflicts with this Ordinance, District rules or
Part 11, Chapter 373, Florida Statutes.
Sections ` through _, Code of Ordinances, are hereby repealed.
Section 12. SEVERABILITY
If any section, sentence, clause or phrase of this Ordinance is held to be invalid
or unconstitutional by any Court of competent jurisdiction, then said holding shall in no
way affect the validity of the remaining portions of this Ordinance.
Section 13. EFFECTIVE DATE
This Ordinance shalt take effect immediately upon adoption.
PASSED AND DULY ADOPTED by the [governing body] of (County/City],
Florida this day of , 200_.
LOCAL EXECUTION PROVISIONS
For information on this model ordinance, please contact:
St. Johns River Water Management District
Oce of Comm.unicalions and Governmental Affairs
4049 Reid Street
P.O. Box 1429
Palatka, FL 32178-1429
(800) 725-5922
Meeting Type: Regular
Meeting Date: 03-17-09
AGENDA
Heading
Presentation
Item
This is the completion of the preliminary design concept for the North Atlantic Avenue Streetscape Project.
No.
Public Works Director's memo dated 03-11-09
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PRESENTATION: FINAL REPORT ON THE PRELIMINARY DESIGN OF THE
NORTH ATLANTIC AVENUE STREETSCAPE PROJECT
DEPT/DIVISION: PUBLIC WORKS/BEAUTIFICATION
Requested Action:
Brad Smith and Associates will make a presentation on the completion of the preliminary design concept for
the North Atlantic Avenue Streetscape Project.
Summary Explanation & Background:
This is the completion of the preliminary design concept for the North Atlantic Avenue Streetscape Project.
Exhibits Attached:
Public Works Director's memo dated 03-11-09
City Mana Ofd
Department PUBLIC WORKS/BEAUTIFICATION
c -nt kim\ cuments\admin\council\meeting\2009\03-17-09\bradsmith.doc
To: Bennett Boucher — City Manager
TIUVO: Walter Bandish — Public Works Director
From: Jeff Ratliff —Assistant Public Works Director/Stormwater Admin
Date: March 11, 2009
Re: Agenda Item for March 17, 2009 Council Meeting
Final Report: North Atlantic Avenue Redevelopment Project
The City of Cape Canaveral (City) has contracted with Brad Smith Associates, Inc. (BSA) and
Stottler, Stagg & Associates, Inc. (SSA) for the preliminary design study of the North Atlantic
Avenue Beautification Project. As part of the contracts, BSA/SSA are to present to the City
Council the final report for the project - BSA/SSA have requested that this final report
presentation occur at the March 17, 2009 City Council meeting.
Meeting Type: Regular
Meeting Date: 03-17-09
AGENDA
Heading
Presentation
hem
Discussion only.
No.
Proposal
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PRESENTATION: LEGISLATIVE SERVICES
DEPT/DIVISION: LEGISLATIVE
Requested Action:
Mayor Randels is requesting that City Council reconsider the proposal for lobbyist services,
Summary Explanation & BackWound:
See attached proposal and company information.
Discussion only.
Exhibits Attached:
Proposal
City Mara fice
Department LEGISLATIVE
Cape -nt\kim\mydocuments\admin\counca. l\meetlnq\1uUy Wj-1/-Uy\lobbyast.doc
Proposal
Bennett C. Boucher
City Manager
City of Cape Canaveral
PO Box 326
Cape Canaveral, FL 32920-0326
' llgere Strategies, LLC
Thank you for granting us the time to present ourselves and this proposal to
you and the Council.
5036 DamsonCou"
At Eligere Strategies, our mission is to do whatever it legally and ethically takes
Orlando. Florida 32821
to influence public policy decisions for the best interests of our cbents. We be -
lieve that our clients are better served through being pro -active rather than rc-
6810 Rlvereidc Read
Melboumc. Florida 32935
active to government action, and we do not give up until our clients' mission is
accomplished; whether that be protecting our clients from adverse actions of
908 Pcrimylvania Avenue. SE
government or leveraging government opportunities for the benefit of our ch-
suiic Bl
Washington. DC 20003
ents.
T 321-438-1888
We are a strategic public affairs and issue management firm, which means we
comaci(n`• info
constantly seek fresh angles and opporrunities to position our clients for
success. We are at our core, a political firm and all our partners have political
campaign experience.
We use a campaign -style approach to help our clients address their most critical
challenges. Whether it is a CBiR request, legislation, or an executive or
departmental rule that is at issue, we treat it like a campaign. One that is well
conceived, adaptable and focused on a favorable outcome.
Should both you and the council agree that there is a significant need for Cape
Canaveral to implement a comprehensive government relations program,
Eligere Strategies, LLC would provide the followung services:
Services
• Register as your lobb}'ist with both the legislative and executive
branches in order that we may respond to your needs on a moment's
notice
• Monitor press clippings, legislative action, proposed administrative
rules and other matters that concern your community and keep you un-
formed on what is happening in Tallahassee and in Washington and
alerting our clients when action needs to be taken to protect you inter-
ests
• Provide access for you, council members and designated staff to
legislative and administrative decision makers in Tallahassee and
Waslvngton D.C.
• Establish, improve and maintain relationships for you with administra-
rive agencies that affect your bottom line
• Designing lobby plans and assembling lobby reams to target desired
)egislative results
• Provide training for you, cound members and designated staff to do
effective lobbying at the grass-roots )eve), believing chat the best
lobbyists are those closest to home
Contract Term
• One year from date of execution.
Fee for Service
S15,000
Pre -approved expenses
Should you have any questions, concerns or need for further detail please feel free
to contact us (321) 438-1888 or conract ell ere, info at you convenience.
With my sincere thanks,
Tim 8uck)ey
Government Affairs X Issue Advocacy X Strategic Communications
Expertise j Experience I E\eclitioll
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CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 3, 2009
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Hoog
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Council Member
Betty Walsh
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
City Treasurer
Andrea Bowers
Public Works Director
Walter Bandish
Assistant Public Works Director
Jeff Ratliff
Acting Building Official
Dennis Clements
Recreation Director
Robert Lefever
Planning and Development Director
Barry Brown
Mayor Randels noted that again the Agenda was time driven.
REPORTS:
7:05 p.m. — 7:20 p.m.
CITY MANAGER
• Mr. Boucher announced the Little League Opening Day Ceremony on Saturday,
March 7`h beginning at 10:00 A.M. at the City Ball Field. City Council was invited to
attend.
Mr. Boucher distributed the Public Works status report and stated that if the
Council had any questions they could contact the Public Works Director.
Mr. Boucher reported on the paving of North Atlantic and Central Blvd. The
project would begin on March 160 and the project would occur during the day time
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 2 of 19
hours. Walt Bandish, Public Works Director, stated that an overlay would be
performed. Mr. Bandish informed that Central Blvd. would be milled. He replied
to Ms. Walsh that the project timeframe was one week,
• Mr. Boucher reported that the Ridgewood Avenue Project was the only project to
make the Transportation Stimulus Project List. Mr. Boucher stated that the
$181,000 would be used along with the $167,000 for the total project resurfacing
cost. He also reported that the City was permitted to use the required Federal
Government and Florida Department of Transportation paving material. Mr. Petsos
asked what would happen if the project came under budget? He requested to use
the funds for enhancement purposes. Mr. Boucher replied that alternative projects
could be addressed during the approval process.
• Mr. Boucher reported that there was $210 million in anticipated grant funding to
build new Fire Stations under a competitive grant anticipated this summer. Fire
Chief, Dave Sargeant, would pursue that funding once it became available. Mr.
Boucher clarified that grant requirement details have not been disclosed.
Therefore, he was uncertain if the grant would apply to a private enterprise like the
Cape Canaveral Volunteer Fire Department.
• Mr. Boucher reported that there were 50 available positions for the Florida
Power and Light [FPL] Home Energy Makeover Inspections; however, only
nine applications were submitted so far. He clarified that the property must be
owner occupied and residential to qualify. Mr. Petsos inquired about an income
level. Mr. Boucher replied that FPL would screen applicants to make that
determination. Mr. David Schirtzinger stated that he referred people to the
program; however, they could not find enough information on the web site. Mr.
Boucher assured that the information was available on the web site. Mayor
Randels explained that FPL would review caulking, windows, ceiling and insulation
during the inspection. Mr. John Johanson stated that the cutoff date was printed as
February 280. Mr. Boucher responded that the deadline would be extended until
the City received an adequate number of responses. He informed that he did not
receive advertising assistance from the newspaper. Mr. Johanson suggested
placing the notice on the City Hall marquee.
• Mr. Boucher announced that the City received a Notice from the Florida
Department of Environmental Protection that Coastal Fuels was seeking a Title V
Air Operations Permit. Mr. Boucher E-mailed the Notice to Mr. Rick Evans for
dissemination for residents in the northeast segment of the City. If there were any
concerns, residents could request that FDEP hold a public meeting on this matter.
Mayor Randels clarified that such a request was required within 30 -days of the
Notice. Ms. Roberts asked if there were any additional activity with regard to what
Coastal Fuels has proposed. Attorney Garganese responded that he had not
heard anything since the Injunctive Order.
• Mr. Boucher announced that the City received a Petition from residents in the
northwest part of the City who would like the access channel dredged located west
of Manatee Sanctuary Park. They desired to pursue a Florida Inland Navigation
Grant to dredge the canal in their community. Mr. Boucher stated that staff would
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 3 of 19
need to investigate the grant requirements prior to pursuing it. He stated Staff did
not need to pursue this Grant since there was an available Federal Emergency
Management Act grant for the boat/kayak launch to be discussed later in the
meeting. Mr. Petsos clarified that he would like to see Staff pursue the Inland
Navigation Grant for a dock. Mayor Pro Tem Hoog brought out that minimal
funding was required for a boat launch due to its simple construction. Mr. Bandish
clarified that Staff did not pursue the Florida Inland Navigation grant. Mr. Petsos
clarified that at the previous meeting Council sought to obtain a dock and he
thought Council had given clear direction for Staff to pursue a grant for the dock,
STAFF
Recreation Director
Mr, Lefever announced the Recreation Department activities:
o Saturday, March 14th — City Celebration and Business Vendor Expo
from 11 A.M. to 3 P.M. at Manatee Sanctuary Park
o Saturday, March 21St — Outdoor Movie at 7 P.M. at Manatee Sanctuary
Park
Planning and Development Director
• Per the City Council's request at the February 3rd Meeting, Mr. Brown distributed
a hard copy of the list of all persons who applied to serve on the Visioning
Committee. This list consisted of all applicants including a brief biography as
well as all who were recommended by the City Council, Staff or others and
represented by their quadrant of residence in the City. He requested that each
City Council member select their nominations and submit them back to
Staff preferably by the end of day Friday, February 201h. Staff would compile
an aggregate list and would and contact those people prior to the next City
Council Meeting informing them that they were recommended to serve and
asking them if they were willing to do so.
Ms. Roberts expressed her concern with the residential representation saying
that she anticipated more representation from the residents. Ms. Roberts pointed
out that only four of the named representatives were residents. In closing, Mr.
Brown clarified that City Council could submit as many names as they desired.
AUDIENCE TO BE HEARD:
7:20 p.m. — 7:30 p.m.
• Mr. David Schirtzinger, of Surf Drive, [reading from a portable digital device] stated
that since the last City Council Meeting:
The talk around town continues to center around Mr. Morley Morley's forced
resignation and whether or not it was justified.
I was one of the first o review both the City Manager's investigative Report and
the Mr. Morley files which were released to the public. Since then, I've spoken with
many Residents, City Council Members, City Board Members, City Employees,
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 4 of 19
Developers, Contractors, and Mr. Morley.
No one I've spoken with supports Mr. Morley Morley's forced resignation.
Everyone I've spoken with supports Mr. Morley Morley's reinstatement.
Mr. Morley was one of the City's greatest assets. He brought leadership,
credibility and fairness to the City. He worked hand to earn the community's respect
as well as that of his peers. This is evident no only when talking with others but
also by his excellent annual job performance reviews.
I understand what's happened to Mr. Morley has happened to other City
employees in the past and raises many issues and concerns.
Why doesn't the City have a Human Resources Director'?
Why doesn't the City have an updated Human Resources Guide?
Why doesn't the City have in place Organizational controls designed to protect both
employees and the community?
I'd also like to know how much money and how many City employee hours were
spent on the Mr. Morley's Investigation? Lastly, could have and should have this
situation been handled differently?
Hopefully, Council will take advantage of this opportunity to correct past
injustices, implement necessary changes and move the City forward in a positive
direction.
Thank You.
Mayor Randels asked for a list of the requests that Mr. Schirtzinger gave in order
for the Council to begin to take some action, although not at this time. Mayor Pro
Tem Hoog stated that he had spoken to Mr. Schirtzinger, City residents, employees
and to Mr. Morley for up to 5 hours. He found that the Council needed to hear from
Mr. Morley and he desired for the Council to have Mr. Morley come to a Council
meeting and respond to the allegations in the City Manager's Investigation
Package. He stated that the Council's eyes would be opened to the fact that Mr.
Morley received, what he called, a raw deal.
Mayor Pro Tem Hoog stated that all of the information was not in the Investigation
Package. Mayor Pro Tem Hoog stated further that it was up to the Council to hear
Mr. Morley's side of the story, and if they did not choose to hear his side then they
were weak in their duty to the residents. Mayor Pro Tem Hoog stated that the City
lost one of the best Building Official's that it ever had and he had worked with every
one of them. He described Mr. Morley as a fair and honest man for the contractor's
to work with and to protect the City.
Attorney Garganese cautioned the City Council on calling a meeting to hear Mr.
Morley. Attorney Garganese stated that under the City Charter the powers of hiring
and firing City employees were vested with the City Manager. The Council could
certainly hear Mr. Morley's views; however, the Council did not have the power to
reinstate him under the present City Charter in a Council -Manager form of
government.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 5 of 19
Mayor Pro Tem Hoog stated that Mr. Morley was unjustly released from his
employment. He desired to have Mr. Morley come to the Council to show them the
true facts toward all of the allegations listed in the Investigative Package and
afterward some appropriate action could be taken to get Mr. Morley back. Ms.
Roberts stated that she desired to hear what Mr. Morley had to say as well. She
believed the Council could do that respectfully and hopefully hear Mr. Morley's
perspective. The Council had received questions from the community, some of
who were in the audience, which give them pause and they needed to hear things
from Mr. Morley's perspective.
Mr. Leo Nicholas stated that from Mr. Schirtzinger's oomments there was more that
needed to be addressed than just Mr. Morley's dismissal. There were allegations
about other employees getting released as well. He asked if it were in Council's
purview to call for an Investigation Committee to look into the situation in its
entirety. He reiterated that more needs to be addressed. Mr. Petsos agreed and
stated that instead of making this a public forum, he would recommend an
Investigation Committee.
Mayor Pro Tem Hoog stated that there were E-mails of Mr. Morley's that were
never answered and there were things that Council needed to see and understand.
Ms. Roberts expressed that this was a time sensitive, serious matter of which an
investigation would not be cost-effective to the City. Ms. Roberts added that she
had also asked for a Special Council Meeting to deal with some of the City's
Human Resource capabilities and its management systems in addition to what
happened with Mr. Morley.
Several things had come to the Council's attention that needs immediate action.
Ms. Roberts stated that if an investigation were conducted, it would need to be
quick, thorough, and performed by an objective third -party. She emphasized her
concern with the time sensitivity and seriousness of the matter.
Mr. Petsos assured that he was considering the seriousness, which was why he
was suggesting an objective, third -party investigation. He looked to the City
Attorney with regard to obtaining an impartial, third -party to review both sides within
a two-week period. Mayor Randels then asked the City Attomey if this were
something that the Council could call a Special Meeting for in order to discuss what
they plan to do.
Attorney Garganese advised the Council of the hiring and firing provision in the City
Charter. Attorney Garganese cautioned that there were issues related to fire
prevention devices. He stated that since these issues were found the Fire
Department has taken corrective measures on what should have been done. Mr.
Petsos stated that if the issue was returning for Council's review, then he would
rather review the statements that were not part of the Public Record, but should
City of Cape Canaveral, Florida
City Council Reguiar Meeting Agenda
March 3, 2009
Page 6 of 19
have been; and see the statements that were given, but were also not in the
Package.
Mayor Pro Tem Hoog replied that Mr. Petsos needed to look at the record and also
take the time talk to Mr. Morley. Mayor Pro Tem Hoog brought out that in the
Package states that Mr. Morley was negligent, but Mr. Morley has E-mails between
himself and the Fire Department. Mayor Pro Tem Hoog stated that the best way to
know the whole story was to hear Mr. Morley's side of the story.
Mayor Pro Tem Hoog stated there were many E-mails to the Fire Department
which were not in the Package. Mr, Boucher stated that he should have been
supplied with those records. Mayor Pro Tem Hoog referenced that the City
Manager had Mr. Morley computer's scrubbed. Mayor Randels then asked for a
consensus if the Council was asking to have Mr. Morley come in to answer his
allegations. Mayor Pro Tem Hoog emphasized that Mr. Morley was trying to seek
the required pen -nits.
Ms. Roberts stated that the City needs Human Resources capability in order to
have an objective party as part of the City Staff s capability to process issues such
as this at an earlier stage in the process. Ms. Roberts stated that the City Clerk has
performed the functions as a lateral duty; however, the City needs a full-time
Human Resources Director to handle all of its personnel issues, update the
Employee Handbook and documents, and apply consistent and fair processes.
Ms. Roberts stated that the City desperately needs a full-time Human Resources
Director. She also stated that the City needs to improve documentation of
processes, forms, and sequencing of signatures saying that there were serious
opportunities for management improvement here which would preclude this from
happening again. Ms. Roberts mentioned these things as a background to Mr.
Morley's reinstatement. Ms. Roberts stated that this may, however, illustrate the
need that the City has for the other capabilities. Council needs to address the
capabilities of Staff to deal with process issues, signature issues in the sense of
action and also full-time Human Resources capabilities.
Ms. Walsh asked if the other cities had a full-time Human Resources person. Ms.
Roberts affirmed that they did; however, Mr. Boucher clarified that some cities do
while others do not. Ms. Walsh asked if the position would be an efficiency,
process person looking across the board at the different Departments to ensure
signatures and forms compliance, Ms. Roberts replied, no; her issue was a
different management improvement initiative which would fall under the purview of
the City Manager and the City Clerk as City Records Custodian. Ms, Walsh stated
that she heard of efficiency studies being done for cities related to processes and a
third -party could take an objective look at the entire process. Ms. Walsh stated that
there was, however, a long-term pervading issue as evidenced by Mr.
Schirtzinger's comment and Mr. Nicholas' agreement with it.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 7 of 19
Mayor Pro Tem Hoog stated that while he met with the City Treasurer, Andrea
Bowers, he questioned if a certain permit were paid and Ms. Bowers did not know.
Ms. Bowers clarified that the permit number was not tracked serially and if there
were a number of sync, further investigation was necessary to find it.
Mayor Randels sought consensus on calling for a meeting to address Mr. Morley's
separation, choosing not to call it a firing because there was a Letter of Resignation
on file. Mayor Randels mentioned conducting a third -party investigation. However,
Mayor Pro Tem Hoog stated that Mr. Morley was on a no -pay status at this time
and he has a family. Mayor Pro Tem Hoog called for an immediate convening of
City Council, Ms. Roberts pointed out that there was a 24-hour Notice requirement.
Mr. Petsos requested to see the documents that were not part of the package prior
to convening a meeting.
Mayor Randels pointed out that the City Council would then become the Hearing
Party and he asked the City Attorney if there were a process to address the subject
matter. Attorney Garganese replied no; stating that usually the City Council is not
involved in personnel issues. Ms. Roberts stated that the City Council could,
however, address the process. Attorney Garganese stated that the Council could
address the process of budgeting for a Human Resources Director which was
within the City Council's purview. However, employment decisions were within the
City Manager's purview.
Ms. Roberts responded that the City Council could at this meeting work with the
City Manager and give him feedback as it related to this process and that would be
within the City Council's prerogative. Attorney Garganese stated that he wanted to
ensure that if the Council holds the meeting and obtains information that they were
not setting themselves up to make a decision that they could not legally make. As
the City Council's legal advisor, he had to advise them of that fact leading into their
decision to call a meeting. Mayor Randels clarified that the City Council's decision-
making did not lead to the hiring and firing of personnel. Ms. Roberts stated that
the City Council could advise the City Manager regarding their thoughts.
Attorney Garganese stated, as his conscience required him to do, to advise the
Council that the City has a situation with the Country Inn Hotel, The Fire
Department stated that a smoke controlled detection device was not installed. At
this time, the Fire Department was now going back, after the fact, and requiring the
Hotel to install that device which created a life/safety issue.
The Council needed to take a good hard look at how that happened. Ms. Roberts
expressed that she believed that there were multiple perspectives about this
situation. Attorney Garganese stated that the City has a liability exposure which
needs to be corrected. Ms. Roberts responded that there was also liability
exposure as to how the City was doing business.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 8 of 19
Mayor Pro Tem Hoog stated that the time -line will show that Mr. Morley was
working on the issues. He reviewed the telephone record file listing the dates and
times. He found many of them, 50 to 60, were personal, however, from his
observation of the whole thing, Mr. Morley needed to be able to defend himself
and permit the Council to make that decision if Mr. Boucher was right or wrong.
Mayor Randels clarified that during the Special Meeting the Council would look at
the process, qualifications, or the reason for the action. Attorney Garganese
pointed out how on the smoke control issue, the Council might want to address if
there were a breakdown in communication. Mayor Pro Tem Hoog reiterated that
Mr. Morley was working on the issue.
Attorney Garganese stated that this was a life/ safety issue and queried how this
happened when the Certificate of Occupancy [CO] was the final action? Ms.
Roberts stated that whether Mr. Morley was in the Building Official's position or not,
the City was faced with continued fundamental issues without any corrective action.
She believed that the City Council needed to hear the whole story in order to avoid
misunderstandings and, at this time, the City Council did not have full insight that
would be provided with Mr. Morley's perspective.
Attorney Garganese stated that the specific issue of the CO may need City
Council's attention by way of discussing processes and he too agreed that this
would lead to improvements in order that should not occur again. Ms. Roberts
reiterated that the process was in question whether it was related to Mr. Morley or
anyone else. Mayor Pro Tem Hoog stated that the process, as a whole, needed
better correlation in order for everyone to understand it. If any E-mail were sent, it
needed a reply and he pointed out that the CO was signed by the Fire Department.
Ms. Roberts stated that the Council would not want Mr. Morley to be the scapegoat
for a deeper issue.
A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to
Cali a Meeting to Permit Mr. Morley to Come in to Respond to the Allegations.
Mayor Randels attempted to clarify the motion to Call for a Fact -Finding
Meeting for the City Council to Review the Processes Related to the Recent
Resignation of Mr. Morley.
A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to
Consider a Fact -Finding Meeting to be Reviewed by This Council of the
Process of the Recent Resignation or Termination of Mr. Morley to Be Done
as Soon as Possibly Scheduled. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels,
For; Ms. Roberts, For and Ms. Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 9 of 19
Ms. Roberts mentioned that she had called for a Special Council Meeting to talk
about the Human Resources issue and the Management Systems issue as it
related to the issue now in discussion. She had called for a Meeting on Thursday,
February 10`h.
Mr. Petsos pointed out that there was information which was not shared in the file.
He requested that Mr. Morley supply that information to all of Council. Mr. Boucher
stated that Mr. Morley needed to submit that information to the City Clerk as a
Public Record for dissemination. Mr. Boucher also stated that City Council's
personal E-mail and any correspondence, personally delivered to them, should also
be given to the City Clerk under the Public Records Law as the public had a right to
examine these documents. Mayor Pro Tem Hoog stated that he did not receive E-
mail from Mr. Morley, he talked with him personally.
Ms. Walsh disclosed that the E-mail that she received at walsh-ca cfl.rr.com
was somehow erased. She stated that if the City Manager could get someone to
recover them, he was welcome to have them. Ms. Roberts requested to designate
a date and time for the Special Meeting. Mr. Petsos suggested meeting at 5:00
P.M. saying that he would make an effort to arrive earlier for the meeting.
City Council Members agreed on a Special Meeting for Tuesday, March 10th
at 5:00 P.M. to 7:00 P.M.
Attorney Garganese expressed his concern with Mr. Morley presenting any
documentation after the time in which he was given to respond. Ms. Walsh stated
that Mr. Morley's documents should still be on the City Server. Attorney Garganese
stated that all of the records need to be on hand. Ms. Roberts stated that there
were some records which were on his personal computer and not on the City
computer. Attorney Garganese recommended that the City Clerk contact Mr.
Morley and request those documents. Mr. Petsos emphasized that the call be
made first thing in the morning.
Mr. Werner Grewe addressed the City Council and suggested an independent
investigation related to Mr. Morley's six-year employment record as a Building
Official and also requested an independent investigation of the City Manager's job
performance and his handling of previous disputes. He stated that this was not the
first one of its kind and he referred to how other City employees left their jobs.
CONSENT AGENDA:
7.,30 p. m. — 740 p. m.
City Council Regular Meeting Minutes of February 17, 2009.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 10 of 19
2. Outdoor Entertainment Permit - Manatee Sanctuary Park - Community
Celebration, Saturday, March 141H
3. Outdoor Entertainment Permit - Manatee Sanctuary Park — Movie in the Park,
Saturday, March 21st.
4. Outdoor Entertainment Permit for the Manatee Sanctuary Park Arts
Festival, Saturday, March 28th and Sunday, March 29th; Terri Rudzitis,
President, T -N -T Events, Inc., Applicant.
Ms. Walsh referred to two items in the Minutes. On Page 12, the fast bulleted item
under her report reflected that she was asking for the current 5 -Year Plan in the 2009
budget to be expanded in more detail. The City Clerk affirmed that she had listened to
the audio and made that correction.
Ms. Walsh also referred to the first bullet which ascertained that there was discussion at
the last City Council meeting related to the Florida Inland Navigation Grant, Mr.
Boucher made note that Staff would follow through on seeking the grant funding.
During the discussion, Mr. John Johanson brought up dredging the canal west of the
Manatee Sanctuary Park. So, the Minutes do reflect the Council's discussion of this
issue and they directed Staff to pursue the grant.
Ms. Walsh then, referred to Page 13, the last Paragraph and stated that it should read,
"the records were available for the City Council's review and "for the public's review". In
closing, Ms. Roberts stated that her Amendments were submitted to clarify the intent of
her points made during the meeting.
A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to
Approve Consent Agenda Items No. 1 with Amendments through Item No. 4. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For;
Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
ORDINANCE: Second Public Hearing:
7:40 p.m. — 7:50 p.m.
5. Motion to Adopt: Ordinance No. 02-2009; Updates Due to Amendments to the
Florida Building Code, at Second Reading.
Attorney Garganese read Ordinance No. 02-2009 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER
82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO
THE FLORIDA BUILDING CODE; PROVIDING FOR UPDATES DUE TO AMENDMENTS
TO THE FLORIDA BUILDING CODE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 11 of 19
Mayor Randels clarified the intent of the Ordinance to change the year of the Building
Code from the 2004 to the 2007 edition. Ms. Roberts made an editorial observation
related to the case sensitivity of words as they related to the Boards and the City on Page
2, Section 82. Attomey Garganese explained that Municipal Code publishes the
Ordinances in lower case letters regardless of him sending the language in title case.
There was no public comment.
A motion was made by Mr. Petsos and seconded by Ms. Walsh to Adopt Ordinance
No. 02-2009 at Second Reading. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
ORDINANCE: First Public Hearing:
7:50 p. m. — 8:10 p. m.
6. Motion to Approve: Ordinance No, 042009, Amending Chapter 98, Article il,
Plats.
Attorney Garganese read Ordinance No. 04-2009 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98,
SUBDIVISIONS, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO PLATS;
AMENDING AND CLARIFYING THE CRITERIA REQUIRED FOR PRELIMINARY AND FINAL
SUBDIVISION PLAT REVIEW AND APPROVAL; PROVIDING A PROCEDURE FOR REVIEW AND
CONSIDERATION OF LOT SPLITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN
EFFECTIVE DATE.
Attorney Garganese recommended two changes: on Page 5 of 16 Subparagraph (b),
there is a requirement for a Preliminary Plat that there be a current Title Opinion. He
would add two options related to using either: 1) a Title Company or, 2) a Certification by
an Abstractor. The same change would occur on Pages 13 and 16, Subparagraph (b),
and the first Subparagraph (b) on Page 5 which mentions, an updated Title Opinion.
The Planning and Zoning Board has recommended this Ordinance. Part of the changes
was an attempt to reorganize the Platting sections in order to read more clearly. There
were some provisions in the existing Platting Ordinance that were related to Site Plan
review which were out of place in this Article. Therefore, the portion that was stricken
would be relocated within the Site Plan section of the Ordinance.
Mr. Brown gave the recognition of the work on the Ordinance to Assistant City Attorney
Kate Latorre. Attorney Garganese explained how this Ordinance would streamline the
Platting process. He stated that due to the technicality of dividing a lot, this Ordinance
would address lot splits and the City Council could authorize, by Resolution, to address
and expedite lot -splitting related issues and not require a full-scale Plat process.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 12 of 19
Ms. Roberts referred to earlier discussion of City processes and used this as an example
of the City adopting Ordinances without associated processes, in terms of flow, and
related forms. She expressed concern that the City was not specifically looking at each
stage of the Ordinance process and this would continue to be an issue. Ms. Roberts
explained how the forms, noted in the Ordinance, should be identified as they relate to the
Ordinance. She explained how a flow chart would visually depict how the foram relates
procedurally to the Ordinance. Ms. Roberts stated that the City does not have a tight,
complete forms implementation system. There was no system, at this time, to show how
the form was tied to the Ordinance.
Ms. Walsh agreed, saying that the work product does not know what changes have
occurred. Ms. Roberts stated further that having a Forms Implementation System would
avoid any vague interpretation in the future. Attorney Garganese recommended a more
detailed Agenda format to include whatever the Council decided it needs to make a
decision, for example: related cross-references to other provisions in the code, the
financial impact, etc. Ms. Roberts suggested that Staff return to the next City Council
Meeting with implementation processes and forms. Ms. Roberts clarified that she desired
to see the actual form that Staff planned to use.
Attorney Garganese, again, suggested a more detailed approach to the agenda process.
Ms. Roberts stated that she did not desire to support the Ordinance without an
implementation strategy. Ms. Roberts also raised the concern of inconsistency of upper
case, lower case usage and also that sometimes Brevard County is referred to in the title
and at times it is not. Also, on Page 5, (e), Line 4, Ms. Roberts recommended adding
"within 180 days of submittal." Ms. Roberts stated that this process example will flow into
the Management Systems discussion. She stated that until the Council has its processes
discussion, they would continue to pass Ordinances without a forms and processes
implementation strategy which is not good for the City.
Mr. Petsos agreed with Ms. Roberts, noting that many times forms were a part of the
Ordinance process. He stated that Council should be able to direct Staff to supply the
forms, however, without convening a Workshop to discuss it. Ms. Roberts recommended
that the Council have Fee information as it relates to an Ordinance. Attorney Garganese
informed that the Fees did not change. Ms. Roberts stated that what she desired in the
area of forms was a Staff concern, not a task for the City Attorney.
Mr. Brown stated that most of the forms were due for an update and this was an
appropriate time to address Ms. Roberts' concerns. Ms. Roberts suggested a coding
system which would supply a schematic to follow the forms. Mr. Brown replied that he
would pull together what Ms. Roberts' requested before the Ordinance came up for a
Second Reading.
Ms. Walsh inquired about the need for 14 copies. Attorney Garganese stated that the
requirement was submitted by the prior City Planner. Mr. Brown stated that he preferred
to handle the number of copies needed at the Staff level. Mr. Brown stated that he would
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 13 of 19
prefer to state that required number in the application process and not tie that number to
the Ordinance. Ms. Roberts pointed to this as an example of the implementation leader
knowing what was needed in the Ordinance. Mr. John Johanson suggested placing the
number of copies needed in the Ordinance as well as on the application.
Ms. Roberts recommended having the number of copies as part of the implementation
process. Mayor Pro Tem Hoog asked if 14 was the definitive number. Mr. Brown replied
that this was an adequate number for the time. Mr. Leo Nicholas reminded that, at times,
parallel reviews occur; therefore, it was wise to have sufficient copies. Mayor Pro Tem
Hoog suggested that the Board's, from Planning and Zoning to the Board of Adjustment,
use those same copies in an effort to reduce costs. Mr. Brown affirmed he would include
Ms. Roberts' the recommended changes. Mr. Nicholas recommended changing 98-41(a)
proscribed to "prescribe." Mr. Nicholas also asked if there were a provision in this Code to
discourage the formation of non -conforming lots. Attorney Garganese affirmed that there
was a provision in the Ordinance to address non -conforming lots.
A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve
Ordinance No. 042009 at First Reading. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels,
For; Ms. Roberts, For and Ms. Walsh, For.
CONSIDERATION:
8:10 P.M. — 8..50 P.M.
7. Motion to Approve: Agreement with Brevard County for Lifeguard Services.
Mayor Randels informed that this was consideration of an Agreement for $18,221 for
2009. Mayor informed that the cost did not change from 2008 which provided for one
lifeguard tower at the beach end of Tyler Avenue with two lifeguards. Brevard County
pays for the lifeguard at Cherie Down Park.
Interim Chief, Jeff Scabarozi, explained how one patrol lifeguard would span 100 yards
north and south of the tower. He informed that the station would house Yamaha Rhinos
and Jet skis. Chief Scabarozi recounted how in the City there was one tower and two
lifeguards each at Cherie Down Park and at Tyler Avenue. At the Cocoa Beach Pier,
there would be two towers, one lifeguard at each, and a walking patrol between the two.
The person on the ATV will supervise all four towers.
Ms. Roberts clarified that Jetty Park was a separate entity and asked if, from a
professional perspective, the City was adequately covered along its beach. Chief
Scabarozi affirmed that the City was based on the two available lifeguard towers; so
people could sit in a lifeguard protected area at their discretion. Chief Scabarozi stated
that as of August 2008 there were 5, year-round lifeguard towers in the County: The
Cocoa Beach Pier, was mobile depending on the current; Shepherd Park, Lori Wilson
Park, end of Minuteman Causeway, and at Paradise, these were year-round, including
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 14 of 19
holidays.
Mr. Petsos conveyed an observation from a recent City volunteer activity and asked that
the Chief address the Rhino being driven along the dune line and at a high rate of
speed. Chief Scabarozi replied that emergency situations called for a rate of speed
higher than 15 miles -per -hour and the high -sand route helped to avoid injuring any
pedestrians, especially children.
A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve an
Agreement with Brevard County for Lifeguard Services. The vote on the motion
carried 5-0 with voting as follows: Mayor Pro Tern Hoog, For; Mr. Petsos, For;
Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
8. Motion to Approve: First Responder Agreement with the Board of County
Commissioners of Brevard County.
Chief Dave Sargeant, Cape Canaveral Volunteer Fire Department, addressed the City
Council and informed that the First Responder program was in jeopardy and on the list
of Budget cuts; however the Department would work to keep it. He anticipated $2,655
more returned this year than what was budgeted. Mayor Randels referred to Page 1
and asked if the figure pertained to the City and Canaveral Port Authority, Chief
Sargeant replied that the figure was times 'two." He stated that the Revenue was
identified in the City Budget as $35,000.
Ms. Roberts asked if the Agreement were active October 1, 2008. Chief Sargeant
affirmed that the amount related to this Fiscal Year and he would keep the Council
apprised of the anticipated Budget cut. Mayor Pro Tem Hoog asked how the County
would address unused supplies relative to Emergency response. Chief Sargeant
replied that when the County first used the Advanced Life System, it was under no
obligation to return any funds to the City and could cease the Contract at any time.
Mayor Pro Tem Hoog stated that the City deserves its fair share as it supports all of
Brevard County's Advanced Life System. He then how would the County would
reimburse the City for responses to No -Man's -Land. Chief Sargeant replied that this
would call for renegotiation of their dispatch Contract. He informed that in return for
covering No -Man's -Land, they received Emergency 9-1-1 and dispatch services;
however, they would review all their options. On a personal note, Ms. Roberts
commended the Fire Chief and his team for their response to her personal emergency.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve an Agreement with the Board of County Commissioners of Brevard
County. The vote on the motion carried 5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms.
Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 15 of 19
9. Motion to Approve: Final Change Order for the Central Canal Stormwater
Improvement Project.
Mayor Randels pointed out that the project was completed under budget. Jeff Ratliff,
Assistant Public Works Director, affirmed that the project was under budget by
approximately $62,000 to include the change orders. This came as a result of a change
in the project's scope and some renegotiated fees with Stottler, Stagg and Associates.
Mr. Ratliff informed that the firm has installed six baffle boxes for the City and he
expressed his favor with their work. He informed that the Baffle Box manufacturer also
stated that the Contract was the best they had ever seen.
Mr. Ratliff informed that the changes in discussion were either based on unanticipated
field conditions or recommended by the Florida Department of Environmentaf Protection
or City Staff. Mayor Randels pointed out that the City was reimbursed for a task not
performed related to the fence. Mr. Ratliff clarified that they elected to place the fence
farther north. Mr. Ratliff pointed out that an educational kiosk and additional
landscaping were some remaining details.
Mr. Nicholas asked if the unexpended funds could be used for clean-up. Mr. Ratliff
replied no, that the FDEP grant does not fund maintenance. Ms. Roberts thanked Mr.
Ratliff for an explanation of the nature of the changes. Mayor Pro Tem Hoog asked
what would happen to the excess funds. Mr. Ratliff replied that the FDEP funds would
go away; however, the City's remaining $25,000, would funnel into another project.
A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to
Approve a Final Change Order for the Central Canal Stormwater Improvement
Project. The vote on the motion carried 5-0 with voting as follows: Mayor Pro
Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms.
Walsh, For.
10. Motion to Approve: Authorization to Install Decorative Crosswalks at the
N. Atlantic Avenue and Central Boulevard Intersection.
Walter Bandish, Public Works Director, distributed information related to the crosswalk
project. Mr. Bandish clarified that there would be only three crosswalks, not four,
subsequent to a traffic engineering study which showed three crosswalks at that
intersection. Mr. Bandish clarified that there was no crosswalk headed east from the
southeast corner of the street. The northerly direction was the safest route. Mr. Bandish
explained that changes could be made to accommodate a signal stop and then cut
away concrete for Americans with Disabilities Act [ADA] compliance.
Ms. Roberts asked if a sidewalk was in the City's future plans for North Atlantic Avenue.
She asked for clarification as to why there was no way to traverse the east and west
portion of North Atlantic Avenue. Mr. Bandish replied that these crossings would
require ADA compliance. Mr. Bandish replied to Ms. Walsh that there was no sidewalk
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 16 of 19
on the south side of Central Boulevard for the entire block. Mr. Bandish informed that he
had a price for the center median of approximately $24,000. Ms. Roberts asked if there
were any visual depictions of this project. Mr. Bandish replied that he could provide
that for her.
Mr. Bandish reported on a cost of $55,650 to install pavers. However, this would impact
a critical water line. Ms. Roberts asked if he had contacted Brevard County related to
the pavers. Mr. Bandish replied that he contacted this company in an effort to avoid the
formal bid process and lowers costs by joining in with a larger City's contract for this
service. Mr. Bandish reported that the cities of Rockledge and Cocoa Beach did not
have pavers in their crosswalks and their underlying work was performed in-house.
Mr. Bandish reported that pavers in this particular intersection were not feasible due to
the critical underlying utilities. Mr. Petsos questioned the City's liability related to the
water line if pavers were installed. Mr. Bandish replied that the City would become fully
responsible for any repairs. Ms. Roberts asked if there were any additional expenses;
Mr. Bandish assured that there were not.
Mayor Pro Tem Hoog asked about any other responsibilities related to entities moving
their utilities. Mr. Bandish replied that the City of Cocoa refused to move the water line.
Mayor Pro Tem Hoog stated that he needs to check their response based on standard
utility practices. Mr. Bandish responded to Ms. Roberts that preparatory work would
begin on March 16th and the project would begin in mid-April.
Ms. Roberts asked if the Council would obtain a drawing. Mr. Bandish replied that he
would return to the Council with the colors and design as soon as the Council approved
the project. Mr. Bandish replied to Ms. Walsh that the project could proceed to the
Beautification Board prior to it commencing in April.
Mr. Bandish replied to Mr. Petsos that the timeline was agreeable with the County. He
stated that pavers could be considered during future Ridgewood Avenue discussion.
Mr. Bandish clarified that all of Central Boulevard was being milled and North Atlantic
Avenue would obtain a one -inch coating. Ms. Walsh stated that streets have been
milled without curbs. Mayor Pro Tem Hoog brought out that there was a reason why the
County did not desire to mill the road and he requested that Staff return to the Brevard
County Road Director for an answer.
Ms. Roberts referred to the difference between the $55,000 and the $18,000. Mayor
Randels clarified that one cost was for pavers and the other for an overlay Mr. Petsos
clarified that the City could address the entire intersection at a later date considering the
$24,000. Mr. Bandish affirmed.
A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to
Approve the Authorization to Install Decorative Crosswalks at the N. Atlantic
Avenue and Central Boulevard Intersection. The vote on the motion carried 5-0
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 17 of 19
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor
Randels, For; Ms. Roberts, For and Ms. Walsh, For.
DISCUSSION:
8:50 p.m. — 9:30 p.m.
11. Customer Service Standards and Performance Measurement.
Ms. Roberts stated that Council agreed in January to discuss the Legislative Agenda in
February and the goal of tonight's meeting was to discuss the Management Agenda.
She stated that this was a time to brainstorm management improvement functions of
which these items, Customer Service Standards and Performance Measurement, were
a part. Ms. Roberts suggested deferring this Item to the next City Council meeting.
Mr. Boucher informed that a class with University of Central Florida [UCF] was $1,000.
Ms. Roberts clarified that she and the City Manager were to meet with the UCF
representatives to discuss the plans related to Customer Service Standards and she
expressed the concern of holding a class prior to developing a plan. Discussion of
Managements Systems Agenda would be schedule for the next City Council Meeting.,
12. Draft Resolution; Establishing a Charter Revision Committee.
Mayor Randels referred to the Draft Resolution and asked if this was what the City
Council had in mind. Ms. Walsh recalled that in order to review the Charter then a
Committee was required. Mr. Boucher stated that the Council could adopt single
amendments for voter approval; however, over 28 years the Charter as a whole was not
reviewed.
Mr. Petsos stated his favor with a Charter Review; however, this did not preclude
someone coming in and requesting a single revision. Mr. Petsos asked for the latest
time to submit for a Referendum in November. Mayor Randels replied in August. Mr.
Nicholas suggested obtaining a Sample Charter from the National League of Cities. Mr.
Boucher affirmed that he was familiar with that model. Mayor Randels requested to
schedule this as an action on the March 19`h City Council Agenda.
13. Canoe/Kayak Launch at Banana River Park.
Mr. Ratliff clarified that the Florida Inland Navigation Grant was a 50/50 grant and not a
non-matching grant. He informed that a dredging project was a 75/25 grant. Mr. Ratliff
stated that the application was due April 15' and would involve other entities. He stated
that this was a great project for the City to look into in the coming year. Mr. Ratliff
stated that this was an inexpensive way to obtain a kayak/ or boat launch since most
launches at State parks were sand bars. He suggested that this could also be installed
at Manatee Sanctuary Park.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 18 of 19
Mr. Petsos asked if the millings from the Central Boulevard project could be used on
this project. He related on how parents were parking on the grass at Banana River
Park. Mr. Petsos recommended using some of the grant funding for the parking area
and building a boat launch at the far end. Mr. Ratliff suggested a fishing pier at the
south end. Mayor Pro Tem Hoog questioned the park's usage. Mayor Randels replied
nearby residents. Mr. Tom Garboski suggested using $25,000 to install restrooms. Mr.
Ratliff replied that Stormwater Funds could not be used to install restrooms.
Mr. Michael Persse recommended using the funds to dredge the access canal because
the canal continues to erode. Mayor Randels explained how if the City conducted
dredging, then the City would assume responsibility for continuous maintenance. Mr.
Persse asked why the City would not desire to do this for the residents who access this
canal. He informed that he obtained 50 signatures on a Petition to dredge the canal.
Mr. Ratliff explained that the Staff would need to ascertain who was responsible for the
initial dredging.
Mr. Persse clarified to Mayor Randels that their Property Tax Records do not show that
they own the bay bottom. Mr. Ratliff stated that when the City Staff installed the
sanitary under the canal, they worked with the Army Corps of Engineers; therefore, he
was certain that the Army Corps of Engineers would have an answer. Mayor Randels
stated that Mr. Ratliff had the Council's consensus to proceed with the Canoe/Kayak
Launch project.
REPORTS:
9:30 p.m. — 10:00 p.m.
CITY COUNCIL
Mayor Rocky Randels
No report.
Mayor Pro Tem Bob Hoog
• Mayor Pro Tem Hoog asked if there was any progress with Western Waste, Inc.
discussion. Mr. Boucher replied that the City Treasurer had a follow-up meeting
with them. Mayor Pro Tem Hoog referred to the problem of the green roll -off
commercial dumpsters being left on the street after pick-up service. Mr. Boucher
responded to Ms. Walsh that he still needed Council's feedback on the Agreement
over the next few weeks.
Council Member Betty Walsh
No report.
City of Cape Canaveral, Florida
City Council Regular Meeting Agenda
March 3, 2009
Page 19 of 19
Council Member Shannon Roberts
Ms. Roberts mentioned that, with Council's permission, she planned to bring up her
three discussion points which were previously stated in her earlier request for a
Special Meeting. She assured that her points were relative to the Motion for the
Special Meeting.
Council Member Buzz Petsos
Mr. Petsos recommended calling the sub -committee of the Business and Cultural
Development Board a "Fact -Finding" Committee. As a Fact-finding committee,
they would not come under the Sunshine Meeting law. Attorney Garganese
clarified that a Fact Finding Committee would convene strictly for the finding facts
and in this forum, they would not serve in an Advisory capacity.
A motion was made by Mr. Petsos and seconded by Mayor Randels to Establish a
Fact -Finding Committee Composed of the Business and Cultural Development
Board. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh,
For.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 10:00 P.M.
Rocky Randels, MAYOR
Susan Stills, CMC, CITY CLERK
Meeting Type: Regular
Meeting Date: 03-17-09
AGENDA
Heading
Resolution
Item
2
No.
the resolution.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2009-06, ESTABLISHING A CHARTER REVIEW COMMITTEE
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2009-06, establishing a Charter Review Committee,
setting forth the purpose, appointment of members and basic procedures.
Summary Explanation & Background:
The existing City Charter has not been reviewed in quite some time. The last amendment was in 1994.
If this resolution is adopted, council should work with staff on setting the dates and timeframes called out in
the resolution.
Set forth a timeframe to accept nominations and/or applications for members of the Charter Review
Committee.
Please advise.
Exhibits Attached:
Resolution No. 2009-06
City Manag Office, .—_m.
Department LEGISLATNE
k. -p nt\k m\myJQ,q�ents\admin\council\meeting\2009\D3-17-09\2609-06.doc
RESOLUTION NO. 2009-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING A
CHARTER REVIEW COMMITTEE, SETTING FORTH THE PURPOSE,
APPOINTMENT OF MEMBERS AND BASIC PROCEDURES;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council last created a Charter Review Committee in
1993 to consider Charter Amendments related to, Nepotism, for recommendation to
the City Council; and
WHEREAS, the City's electorate voted on these proposed amendments in
1994; and
WHEREAS, the City Council finds that periodic review and review of the
Charter is advisable and in the best interest of the citizenry in that it provides for an
efficient and effective Charter in order to address changing conditions; and
WHEREAS, the City Council finds that creating and establishing a Charter
Review Committee to make findings and bring recommendations to the City Council
for possible amendment is in the best interest of the citizens of Cape Canaveral; and
WHEREAS, the City Council desires input on proposed Charter Amendments
from a broad range of residents.
NOW THEREFORE BE IT RESOLVED, BY THE City Council of the City of
Cape Canaveral, Florida , as follows:
SECTION 1. Establishment.
• A Committee to be known as the Charter Review Committee, (hereinafter
"CRC") shall be comprised of ten (10) individuals {or a number so approved
by the City Council) each of whom shall be a permanent resident of the City
of Cape Canaveral, Florida.
• The City Council shall review, discuss, agree upon and appoint the CRC
members. The Council shall make every effort to assure that the diversity of
the community is represented on the CRC.
• Appointments, upon application, shall be for a term starting
2009 and ending _ 2010 [Inclusive Dates].
• CRC members can be removed by a simple majority vote of the City Council
for any act of malfeasance as defined in the Florida State Statutes.
City of Cape Canaveral, Florida
Resolution No. 2009 -
Establishing a Charter Review Committee
Page 2 of 3
The CRC shall appoint a Chairperson and Vice -Chairperson from among its
members, and establish procedures for the conduct of its meetings.
SECTION 2. Mission Statement.
The Mission of the Charter Review Committee is to review the City Charter of the
City of Cape Canaveral and to make recommendations to the City Council on the
proposed amendments to the Charter.
SECTION 3. Rules of Operation and Staff Support.
• All Meetings shall be held in accordance with Roberts' Rules of Order and
comply with Chapter 286 of the Florida Sunshine Law related to meetings.
• The Committee shall meet once monthly commencing on [Insert Date].
• The City Clerk's Office shall provide Administrative Support to the CRC.
• The City will also provide the CRC with legal services as needed.
• Six (6) attending members shall constitute a quorum.
SECTION 4. Objectives. The initial objectives of the Committee are as
follows:
• Review the City Charter
• Solicit input on the proposed Charter from the residents, businesses, civic
organizations, citizens groups, and City Staff, Legal Staff, City Boards, and
City Council members.
• Study various other municipal Charters.
• Make recommendations to the City Council for the proposed Charter
amendments.
SECTION 5. Milestones The anticipated Milestones of the Charter Review
Committee are as follows:
• [Insert Date] Committee is established and adopts its rules of operation.
• [Insert Date] Committee reviews the Charter, holds meetings with the public,
draft proposed amendment to the Charter seeks Legal advice.
• [Insert Date] Committee submits the Revised Charter, in an Ordinance form,
reflecting language to appear on the ballot, to the City Manager and City
Attomey for submittal to the City Council.
• [Insert Date] City Council hears a presentation by the CRC and public input
on the proposed reviews to the Charter on an item -by -item basis.
City of Cape Canaveral, Florida
Resolution No. 2009 -
Establishing a Charter Review Committee
Page 3 of 3
• [insert Date] The City Council holds work sessions(s) to evaluate the
proposed Charter Amendments.
• [Insert Date] The City Council considers the Revised Charter amendments. If
they wish to place the Proposed Charter changes on the November 2010
ballot, an Ordinance is required for First Reading. The City Council shall then
vote on item -by -item, to include, delete, or modify each proposed Charter
amendment for the November 2010 ballot,
• (Insert Date] Last meeting date for the City Council to adopt the Ordinance on
Second Reading and Public Hearing to place the reviews on the ballot.
• [Insert Date] Election — electorate votes on the Proposed Charter
amendments.
SECTION 6. Evolution and Succession. The Charter Review Committee
shall, when and as it deems appropriate, make recommendations to the City Council
for augmentation, expansion of, or alteration of its mission and constitution as will
materially advance the success of the Proposed Charter Review,
ADOPTED BY, the City of Cape Canaveral City Council this day of , 2009.
ATTEST:
Susan Stills, City Clerk
Approved as to Form;
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name
Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
For Against
Meeting Type: Regular
Meeting Date: 03-17-09
AGENDA
Heading
Ordinance -21 Hearing
hem
3
No.
resulted in lots that do not have the size and configuration to properly accommodate future development and
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 04-2009, AMENDED PLATTING ORDINANCE
DEPT/DIVISION: COMMUNITY DEVELOPMENT DEPARTMENT
Requested Action:
City Council consider adoption at second reading, Ordinance No. 04-2009, Amended Platting Ordinance.
Summary Explanation & Background: This is an ordinance that amends our code regarding the subdivision
of land. Specifically, it requires that all subdivisions of land be approved by the City Council by plat or by a
newly created lot split procedure.
In the past, land has been subdivided by property owners without review and approval by the City. This has
resulted in lots that do not have the size and configuration to properly accommodate future development and
creates access management issues such as too many curb cuts (driveways) and a lack of cross access from one
parcel to another.
Under the new ordinance, all subdivisions of land will be reviewed by Staff and approved by the City Council
either by ordinance or resolution. If the subdivision of land creates more than one additional lot, the
subdivision must be done by plat and according to the platting procedure. Proposed plats will be taken to the
Planning and Zoning Board for review and recommendation and adopted by ordinance by the City Council.
In order to expedite the creation of a single additional lot, a one-time lot split procedure is also being created.
A proposed lot split would be reviewed by Staff and approved by the City Council by resolution. These are
much needed revisions to our code and will serve the community well.
Staff is working on the flow charts and revised forms as requested by City Council.
Exhibits Attached:
P&Z Recommendation
City M ana e ' OfF
Department
Community Development Department
ca m aamencs\admin\council\meeting\2009\03-17-09\04-2009.doc
City of Cape Canaveral
C"of
�D# ""Ve"L
Date: February 12, 2009
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Susan Chapman, Secretary, Planning & Zoning Boar
Re: Recommendation to City Council
Proposed Ordinance Amending
Chapter 98, Subdivisions, Relating to Plats; Amending and Clarifying the Criteria
Required for Preliminary and Final Subdivision Plat Review and Approval;
Providing a Procedure for Review and Consideration of Lot Splits; Providing for
the Repeal of Prior Inconsistent Ordinances and Resolutions - Kate Latorre,
Assistant City Attorney,
At the Planning & Zoning Board meeting, held on February 11, 2009, following
review and discussion of the proposed draft ordinance, City Attomey, Kate
Latorre, reviewed the list of the Board's recommended changes. By unanimous
vote, the Board recommended approval to the City Council, with changes as
discussed.
Please schedule this Ordinance for an upcoming City Council meeting,
7510 K Atlantic Avenue • Post Ofcc ,Box 326 • Capc Canaveral, FL 32920-0326
Telephone; (321) 868-1222 • Fax: (321) 868-1247
www.myFlorida.corn/cape • email: ccapecanaveral@cfl.cr.com
ORDIQYANCE NO. 04-2009
AN ORDINANCE OFTHE CITY COUNCILOFTHE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 98,
SUBDT"SIONS, OF THE CAPE CANAVERAL CODE OF
ORDINANCES RELATED TO PLATS; A fENDLNG AND
CLARIFYING THE CRITERIA REQUIRED FOR
PRELIMINARY AND FINAL SUBDIVISION PLAT REVIEW
AND APPROVAL; PROVIDING A PROCEDURE FOR
REVIEW AND CONSIDERATION OF LOT SPLITS;
PROVIDING FORTHE REPEAL OFPRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authoriry, under Section 2(b), Article VTf3, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council desires to clarify the requirements for consideration and
approval of subdivision preliminary and final plats consistent with the requirements of Chapter t 77,
Florida Statutes; and
WHEREAS, the City Counci I of the Ciry 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 foUows.
Section 1. Recitals. The forego ingrecitaIs are hereby fully incorporatedherein by Ihis
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral,
Section 2. Code Amendment. Chapter 98, Subdivisions, of the Code of Ordinances,
City ofCape Canaveral. Florida, is berebyarnended as follows (und rli dtype indicates additions
and st6k ant type indicates deletions, while asterisks (* * *} indicate a deletion from this Ordinance
of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 98. SUBDIVISIONS
Ciry of Cape Canaveral
Ordinance No. 04-2009
Page I oC t6
***
ARTICLE 11. PLATS
DMSION t. GENERALLY
See, 98-31. Division of land; review and approval required. Resrrved.
j1 Any subdivision of land into two (2) or more parcels shall be subject to the
requirements of this article.
%>Z� No owner of real property shall sell, offer to sell or lease lots or tracts o£ land from
such oropertywithout first having divjded such property in accordance with the reouirernents
hereof. Before such lot or tract is divided, the lots or tracts proposed to be divided shall be
surveyed by a duly licensed survevor and annroved by the city council by plat or lot split
resolution in accordance with the specific applicable provisions of this article and Chanter
177, Florida Statutes. No permit shall be issued for the construction of any building or
structure or for an electrical or sewer hookup on any lot or tract sold in violation of this
chapter.nrovided, however, that any such violation can be remedied by comolyine with the
provisions of this article.
Sees. 98-32+ — 98-540. Reserved.
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City of Cape Canaveral
Ordinance No. 04.2009
Page 2 of 16
DIVISION 2 3. PRELIMINARY PLAT
Sec. 9841. Information required.
The following information shall he provided to the City not less than 30 days prior to the
meeting at which the planning and zoning board will review the oreliminaryplat:
W A completed application on a form proscribed by the city managerrecluesting review
of the orehminary plat under this division.
f�) Fourteen O4) copies of the preliminary plat, which shall:
Ciry of Cape Canaveral
Ordinance No. 04-2009
Page 3 of 16
� . . • . �� . ■ . . . - . • . i . ./ ■ ■
1 . .. • tri.
DIVISION 2 3. PRELIMINARY PLAT
Sec. 9841. Information required.
The following information shall he provided to the City not less than 30 days prior to the
meeting at which the planning and zoning board will review the oreliminaryplat:
W A completed application on a form proscribed by the city managerrecluesting review
of the orehminary plat under this division.
f�) Fourteen O4) copies of the preliminary plat, which shall:
Ciry of Cape Canaveral
Ordinance No. 04-2009
Page 3 of 16
.■
.yam. .�
\ . .•
DIVISION 2 3. PRELIMINARY PLAT
Sec. 9841. Information required.
The following information shall he provided to the City not less than 30 days prior to the
meeting at which the planning and zoning board will review the oreliminaryplat:
W A completed application on a form proscribed by the city managerrecluesting review
of the orehminary plat under this division.
f�) Fourteen O4) copies of the preliminary plat, which shall:
Ciry of Cape Canaveral
Ordinance No. 04-2009
Page 3 of 16
(1) Conform to the requirements of Chapter 177. Florida tatutes this Code and
any other applicable statuteSand regulatioms.
(2) Bear the certification of a registered surveyor certifying the accuracy of the
survey orplat.
(2 Be drawn at a uniform scale not smaller than one (l) inch eouals one hundred
([001 feet.
(4, Indicate the title, scale, north arrow and date on each sheet.
M Show, at a minimum, the following existing conditions on the olgt-
(A) Primary control points or descriptions and ties to such control points,
to which all dimensions aneles, bearings and similar data on the plat shall be
referred,
(B) Boundary tines (includine bearings and distances), lot lines. lot
numbers and block number.
LQ Location and description of monuments.
(D) Easements, includine location, width and pumose.
LEI Location. width. and names of all streets, waterways, or other riyhts-
of way shall be shown, as applicable.
Minimum building setback lines.
Cid Size ,data including total acreage, number of lots typical lot size in
acres. narks, public oven space, etc.
M Location map showing the site in relation to the existing, compunity.
including the name of the development and its location and main traffic
arteries.
(11 Topopfanhic information showing round elevations ofthe tract, based
on a datum plane annroved by the city engineer as follows:
(i� For land that slopes
less than approximatelvtu,o
percent (2%).
show spot elevations
at ail breaks
in grade, alone
all drainalz
channels or swales and
at selected points
not more than
one hundred
City ofCape Canaveral
Ordinance No. 04-2009
Page 4 of 16
feet (100') apart in any direction.
ii For land that slopes more than approxiolately two percent
(2%), either show contours with an interval of not more than five feet
(5') if ground slope is regular and such other information as is
sufficient for Oannine purposes. or show contours with an interval of
trot more than two feet (21 if necessary because of irregular land or
need for more detailed data for preparing plans and construction
drawings.
�]J Other conditions on tract, including water courses. marshes, rock
outcrop, wooded areas, houses, barns, shacks and other significant features.
LK) Other conditions on adjacent land, including approximate direction
and gradient of ground slope and any embankmerits or retaining walls:
character and location of buildings, power lines, towers and other nearb
nonresidential land uses or adverse influences: owners of ad acent unplatted
land, abutting platted land, with reference to subdivision plat by name,
recordin -ate and num; and approximate percent buildup, typical lot size
and dwelling lupe
QL Zoning designation on and adiacent to tract.
�Mj. Proposed public improvements, including roadways. space reserved
or dedicated for Darks. plavzrounds or other public uses or other mJor
improvements planned bypub Iic authorities for future construction on or near
tract.
Nu Photographs of the tract. at the request of the planning and zoning
board.
(c� A filing fee, as established by resolution of the city council.
Other preliminary plans, if available, which clarrfv the application.
%i A current title opinion of an attorney licensed in Florida showing that record title to
the land as described and shown on the plat is in the name of the person or leeal entity
executing the dedication. Thetille opinion or certi f ication shall also show all mortgages not
satisfied, released or otherwise terminated by law and shall be current within 180 of
submittal
CilyofCape Canaveral
Ordinance No, 04-2009
Page 5 of 16
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Sec. 98-42. Topographic data. Reserved.
type,(1) Boundary lines. Scmings and disianucs,
Cary of Cape Canaveral
Ordinance No. 04-2M
Page 6 of 16
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CIN of Cape Canaveral
Ordinance No. 04-2009
Page 7 of 16
got
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CIN of Cape Canaveral
Ordinance No. 04-2009
Page 7 of 16
See. 98-A3. Scxie, pi Opc Reserved.
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Ciiy of Capc Canaveral
Ordinanee No. 04-2009
Page 8 of 16
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Ciiy of Capc Canaveral
Ordinanee No. 04-2009
Page 8 of 16
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Sec. 9844, . Reserved.
See. 98-45. City review.
(a) Upon the documents required under this division being presented to the city, the
plannine ofcial shat( review and forward to the appropriate city reviewing
staf-ligi•eccr a copy of all documents
submitted and such other documents as he or she deems appropriate to enable the city
reviewine staff cny'm=r to review the application errand either find apprave the
application to be sufficient. 3>b&v'ision or point out areas that are inadequate or improper.
Thecity artomeyshatl review the title opinion, protective covenants, articles of incorporation
and bylaws and shall make recommendations, ifriecessary.
City of Capc Canavcral
Ordinance No. 04-2009
Page 9 of 16
a.
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See. 98-45. City review.
(a) Upon the documents required under this division being presented to the city, the
plannine ofcial shat( review and forward to the appropriate city reviewing
staf-ligi•eccr a copy of all documents
submitted and such other documents as he or she deems appropriate to enable the city
reviewine staff cny'm=r to review the application errand either find apprave the
application to be sufficient. 3>b&v'ision or point out areas that are inadequate or improper.
Thecity artomeyshatl review the title opinion, protective covenants, articles of incorporation
and bylaws and shall make recommendations, ifriecessary.
City of Capc Canavcral
Ordinance No. 04-2009
Page 9 of 16
(b) Within tin thirty 30 days, the city reviewing staffcllri zrwill return in writing all
comments, recommendations and questions to the applicant.
(ca wo,king days—tor Comply with—fli-C i I — . IS WHIM! mquMt curd st3binit tbc
CO Should any comment or recommendation made by a member of the city reviewing
staff require the applicant to revise its submittal, the reviewing, staff shall review the revised
subinittal and return all comments, recommendations and questions to the rflaaning official,
who shall then forward all documents to the applicant.
jd) upon receiving satisfactory reviews from all of the city reviewing staff, the planning
pfficial shall schedule the application for consideration by the planning and zoning board
during its next re-ularly scheduled meeting.
See. 98-46. Planning and zoning board and city council review,
(a) The piaiwing and zoning board shall review the sbiyivis "preliminary plat and other
material submitted for conformity with ibis Code and may negotiate on cbauges deemed
advisable and sball recommend, in writing, its approval or disapproval to the city council
within 30 days. All recommendations, conditions and changes shall be noted on two copies
of the preliminary plat by the chairman of the board or designated representative.
(b) Upon receipt of the planning and zoning board's recommendation, the city council, at
their next regularly scheduled meeting, shall vote to either accept, or reject or modi the
board's recommendation.
Sec, 98-47. Time limit,
The city council's approval of a preliminary plat shall be valid for a period of six months
unless a one (1) tim six-
month extension of-tisrre has been granted by the city council for good cause
shown by the applicant if the final plat approval is not obtained within the time period provided in
this section, the city council's preliminary plat
approval, tbc pitihniximy plat appia shall be revoked and the applicant must re -apply under the
provisions of this chapter
Secs, 98-48-98-55. Reserved.
JHVISION 3 4. FINAL PLAT
Sec. 98-56. Conformance to preliminary plat.
City of Cape Canaveral
Ordinance No. 04-2009
Page 10 of 16
The subdivision fioaI plat shall conform substantially to the preliminaryplat, as approved by
the city council. ,
The plat may_
contain only that portion of the approvQd preliminary plat the subdivider intends to record and
develop at the time. Any such uortion shall meet the requirements of this chanter. The final plat
shall correct any inaccuracies indicated on the preliminary plat.
Sec. 48-57. Number of copies.
Fourteen (14) Nine copies of the subdivision final plat exhibits required for approval under
this division shall be prepared as specified by this cbapter and by state statute.
Sec. 48-58. Data required for finale approval.
The subdivision final plat shall be drawn by the subdivider to conform to the requirements
OC the city council for approval and filing with the county
clerk. S -ix One 1 transparencyics (Mylar) or printable copy= of the final recorded plat shall be
prepared by the subdivider for the records of the city and shall be submitted to the city clerk with all
appropriate fees to enable the city dark to record the documents in the public records of the county.
The final plat shall comrzly with Chapter 177, Florida Statutes, and shall provide show the following
additional information:
(1) P,immy contral livitits
uj dusuiptions
and ties to such contial
points, to which ati
dirimmsions, angles, beatings
xud sinjilm
data on !b -C plat shall be
-
- -
-
INM I,-th-
o_
(5) Numbe, to -identify
_
caclr+art Mid block
--
(l$) Location and description of all permanent reference monuments.
Ciry of Cape Canaveral
Ordinance No. 0.4-2009
Page l I of 16
i■ •\ • ■ \ ■ a ■ ■ • ■ • ■ ■Mile • ' • ■
.t! ■ ■ ■ ■
■�7 t■1■1UItl■Y•! lalll• t1lll■1�71U1:1■t!•a tlFtlnt•1■l•[9iltla Alt! tiC•lll.�• J) ■lw
(2t3) Dedication sta(ement by owner dedicating streets, rights-of-way, including waterways
and all sites for public use. The dedication must be executed by a)1 nersons or legal en.ti„t"i"es
whose sienature would be required to convey record fee simple title to the lands beimp,
dedicated in the same map ner„in which deeds are required to be executed. The dedication
shall include the name of the plat and the tuned names of any witness, notary. or other person
required to siert dedication.
(3)_ All mortgagees having a record interest in the lands subdivided shall execute, in the
same manner in which deeds are required to be executed, either the dedication contained on
the plat or a separate instrument ioinine in and ratifying the plat and all dedications and
reservations thereon.
(4) Drah of protective covenants, if anp)icable, whereby the subdivision proposes to
regulate land use in the subdivision and otherwise protect the prop.os,eddevelopment. If there
is to be a homeowners' association established, copies of the articles of incorporation and
the bylaws shall be provided.
Sec. W59. Documents required prior to approval.
La) The following items shall be required b,-fb, for subdivision final plat approval tan
be Iv arrtc�:
(1) Documentation *-certifrcarc from the city reviewing staff mng ntr r cenifying the
proposed subdivision is acceptable.
City of Cape Canaveral
Ordinance No. 04-2009
Page 12 of 16
1 ■ u
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(3)_ All mortgagees having a record interest in the lands subdivided shall execute, in the
same manner in which deeds are required to be executed, either the dedication contained on
the plat or a separate instrument ioinine in and ratifying the plat and all dedications and
reservations thereon.
(4) Drah of protective covenants, if anp)icable, whereby the subdivision proposes to
regulate land use in the subdivision and otherwise protect the prop.os,eddevelopment. If there
is to be a homeowners' association established, copies of the articles of incorporation and
the bylaws shall be provided.
Sec. W59. Documents required prior to approval.
La) The following items shall be required b,-fb, for subdivision final plat approval tan
be Iv arrtc�:
(1) Documentation *-certifrcarc from the city reviewing staff mng ntr r cenifying the
proposed subdivision is acceptable.
City of Cape Canaveral
Ordinance No. 04-2009
Page 12 of 16
(2) E thtrzAn irrevocable letter of credit, performance bond or certified check, in a
form acceptable to the city attorney. which will enable the city to complete any A -H
unfinished improvements that are to be dedicated to the public, including but not
limited tostreets drainage facilities street signs, sewer facilities sidewalks and other
improvements as shown on the final plat .
(3) Protective covenants in form for recording, if required.
(4) Certification of approval by the board ciry council.
(S) Other data as may be necessary which shall be determined by the city council or
planning and zoning board.
u Prior to the city council's consideration of the Fina) plat, the subdivider shall submit
to the city an updated title opinion of an attorney licensed in Florida showing_that the record
title to the land described and shown on the plat is in the name of the person or legal entity
executing the dedication. The title opinion or certification shat) also show all mortgages not
satisfied, released or otherwise terminated by law. The city attorney shall review the title
opinion prior to the city council meeting.
See. 98-60. Application for approval.
Application shall be made forsubdivision final plat approval;
(a) Upon the documents required under this division being presented to the city, the
planning official shall review and forward to the appropriate city reviewing staff a copy of
all submittals and such other documents as he or she deems appropriate to enable the
reviewing staff to review the subdivision and either Find the application to be sufficient, or
point out areas that are inadequate or improper. The city attorney shall review the opinion
of title. oroteclive covenants. articles of incorporation and bvlaws and shall make
recommendations, if applicable.
(b Within 30 days, the reviewing staff will return in writing—all comments.
recommendations and questions to the plarningofiicial, who shall then forward all
documents to the applicant.
iii Should any comment or recommendation made by a member of the city reviewing
staff require the applicant to revise its subdivision submittal. the reviewing staff sball review
the revised submittal and return all comments, recommendations and questions to the
planning ofGeia1. who shail then forward all documents to the applicant.
Ciry of Cape Canaveral
Ordinance No. 04-2009
Page 13 of 16
(d) Uponr-ccivingsatisfactoryreviewsfromaIIoftherityreviewingstaf.theplanning
official shall schedule the application for consideration by the planning and zoning b,p;iTd,.
See. 98-61. Recommendations of planning and zoning board.
When all requirements under this division have been satisfied, the planning and zoningboard
will vote to recommend approval or disapproval of the subdivision final plat, and these
recommendations will be submirted to the city council at the next regularly scheduled council
meeting, The city council shall vote, in resolution form, to either accept or reject the board's
recommendation.
Sec. 98-62, Recording.
The ciN shall be responsible for recording aptzoved subdivision final-Dlats. The final -Diat
shall be recorded with the county prior to any certificate of occupancy being issued far the applicable
plat. The city manager shall be responsible for adopting adrninistrative procedures for ensuring that
all Final plats approved by the city council are recorded within fifteen 051 days of the date of the
subdivider's undated title opinion.
Sees. 98-643 — 98-65. Reserved.
DIVISION 4. LOT SPLITS
Sec. 98-63. Lot splits,
The city council may, by resolution at a public hearing, grant waivers from the nlactine
requirements of this article for divisions of land that constitute a lot split:
(a) For purposes of this section the term "lot split" shall mean a division of a tract of
(and or lot that will result in the creation of exactly one ()1 additional lot or tract of land
provided the following conditions are met:
(1) The lot or tract of land to be split is a previously planed lot or legal
description of record.
Each lot or tract of land created hereunder shall abut a public or approved
private street, unless perpetual cross -access easements already exist on the lot to be
split or are determined not to be necessary or, if neccss are provided by separate
instrument.
Ciry of Cape Canaveral
Ordinance No. 04-2009
Page 14 of 16
The lot split shall in every respect meet the criteria established elsewhere in
this article and the citycode for the category of zoning and otber relevant codes under
which the monertv is zoned.
bb) Every lot split shall be processed in the following manner:
! l Am application form provided by the building department shall be compleled
and filed with the department, accompanied with the following:
a. An application fee approved by the city council by resolution:
Fourteen H 0 paper copies of the proposed lot sof it;
c. A statement indicating whether new streets, water, sewer, drainage
strucrures or other infrastructure are required off-site tg provide sufficient
ac"ss or municipal services to the subject land: and
L Legal descriptions and acreage of the two proposed fors or tracts of
land and a scaled drawing showing the intended division shall be p_repa.red by
a duly licensed land surveyor registered in Florida. If a lot or tract of land
contains any principal or accessory structures, a survey showing the structures
on the lot or tract of land shall accompany the application.
e. A title opinion of an atiorney licensed in Florida showing that record
title to the land subiect to the lot split is in the name of the applicant. The
title opinion shall also show all mortgages not satisfied. released or otherwise
terminated by law
L All moriga.ece s haves ja record interest in the land subiect to the lot
split shall execute a separate instrument, on a form acceptable to the city
attomey, joining in and ratifying the lot split. Said instrument shall be
recordcd in the public records of Brevard County as part of the lot split
resolution.
La Upon approval of the lot split by resolution of the city council, the resolution
shall be duly recorded in the public records of Brevard County and recorded on the
appropriate city maps and documents.
Lc)_ No further division of an approved lot split is permitted under this section. unless a
plat is prepared and at3proved in accordance with this article.
Ciry of Cape Ca»averal
Ordinance No. 04-2009
Page 15 of 16
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and
resolutions in conflict herewith, are hereby repeated 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 S. Severability. if any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Capc Canaveral. Florida, (bis day of
, 2009.
ATTEST:
ROCKY RANDELS, Mayor
For Against
Bob Hoog
Buzz PeLsas
Rocky Randels
C. Shannon Roberts
SUSAN STJLLS, City Clerk Berry Walsh
First Reading;
Legal Ad published:
Stcond Reading:
Approved as to legal fon-n and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ord inanec No. 04 -2 009
Page 16 of 16
Meeting Type: Regular
Meeting Date: 03-17-09
AGENDA
Heading
Considerabon
Item
q
No.
prospective committee members.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: SELECTION OF CITIZENS' VISIONING COMMITTEE
DEPT/DIVISION: COMMUNITY DEVELOPMENT
Requested Acdou:
City Council select members to serve on the Citizens' Visioning Committee.
Summary Explanation & Background:
Barry Brown, Community Development Director, has been coordinating with City Council the list of
prospective committee members.
City Council needs to establish the Citizens' Visioning Committee so the regional planning council and staff
can kick-off the Community Visioning Process.
Exhibits Attached:
N/A
City Manager's Office , . ,
Department COMMUNITY DEVELOPMENT
11 1 -n kim\ ents\admYnCTLounciI\meeting\2009\03-17-D9\visioning.doc
Worksheet for Selection of the Citizens' Visioning Committee
We are attempting to have the following stakeholder groups represented on the
Committee.
Business Leaders
Examples: Business owner, Executive of a Cape Canaveral business, a
Builder/Developer who has experience in Cape Canaveral, a Hotelier,a Representative
of USA, etc....
1
2
3
4
Civic and Government Leaders
Examples: School/ PTA affiliation, Neighborhood or Condo Association, Service Club,
i.e, Kiwanis, Leader of a Place of Worship, Canaveral Port Authority, VFW, American
Legion, etc.
1.
2.
3.
4.
Residents
Please nominate any other individuals you believe would be qualified to serve on the
Citizens' Committee
1,
2.
3.
4.
Citizens Visioning Committee
Compiled List of Council Recommendations
March 12, 2009
Italics - those who currently serve on City Boards or who are City employees
Business Owners and Leaders
John Anderson, former CEO of Enterprise Florida, (Business &Cultural
Development Board) (SE)
Cathy Barnes (NE)
Bob Baugher of Radisson Inn and TDC
Alan Beal, owner of BP station
John Craig of CraigTech (SE) (Business & Cultural Development Board)
Melora Foley (A)(NE)
Joyce Hamilton, Alarm Specialists, Kiwanis (A)(NE)
Tom Hermanson, Marriott Residence Inn
Bill Mays or his representative, Sheldon Cove
Lori Peppers, Stottler Stagg (NE)
John Porter of Porter World Trade (A)(SW)
Alfredo Teran of AJT (NE)
Civic and Government Leaders
Dan Bailey, Pastor of Space Coast Seafarers Ministry (NE)
Janet Barr, Cape View Teacher
Rev. Richard Blizzard of Grace Bible Church (NE)
Richard Clarke, Jr, of Seaport Oceanfront Condo Association & VOS Masters Asso.
(A)(NE)
Carol Delano, (serving on Recreation Board)
Mark or Debbie Derman of Derman Homes (NE)
Brent Dyk, Shorewood Condo Board
Rick Evans, Solana Lake communications
Ken Hanson, Shorewood Condo Board
Rosalind Harvey, Director of Public Relations, Canaveral Port Authority
Kelley Sweet Jensen, (Community Appearance Board)(SE)
John Johanson, business owner, member of Planning &Zoning Board
Adrienne Kessler, Solana Shores Condo Committeewoman
Cliff Lawham, Cape View School Improvement Association
Mac McClouth, Canaveral Port Authority Commissioner and business owner (NE)
Tom Miesmer, Kiwanis President
Mark Morrison (Solana Lake)
Leo Nicholas, former City Council person, VFW (A)(NE)
Jeff Ratliff, City Deputy Public Works Director and resident
Andrea Rice, Cape View teacher (Beautification Board) (Harbor Heights)
Annie Tannenbaum (Solana Lake)
B.J. Varuska of Kiwanis (Puerto del Rio) (Beautification Board)
Residents
Frank Baker
Bruce Collins (A)(NE)
Bill or Wallace Eberwein (R)(SW)
Susan Faladeau (A)(NE)
Frank Fisher (Solana Shores)
Ron Freeman (Bayside) (Planning & Zoning Board)
Tom Garboski (A)(NE)
Werner Greue (Solana Lake)
Jim Hale (Code Enforcement Board)
Judy Hale (Beautification Board)
Diane Marcum, Space Coast author & former Disney executive (Business & Cultural
Development Board)(SW)
Biz Mars
Patricia Minor, (Beautification Board) (Portside Villas)
Joanne Muncey (Business & Cultural Development Board) (SW)
Ray Osbume, author and local historian
Richard or Gail Parman, residents and apartment owners (A)(SE)
Gene Petre (Recreation Board)
Dave Schirtzinger (SE)
Richard Treverton (SE)
Thomas Wheaton (Portside Villas) (Beautification Board)
Legend: A — those who applied for the committee
NE - either side of No. Atlantic north of the Presidents streets
SE - east of A1A and south of Washington
SW - west of AIA and south of International
NW - either side of A1A and north of International
�Po 00 6--r
Worksheet for Selecdon of the Ctttzens' VIsictning Committee
We are attempting to have the f6lfowing stakeholder groups represented on the
Committee.
Business Leaders
Examples: Business owner, Executive of a Cape Canaveral business, a
Bulider/Developer who has experience in Cape Canaveral, a Hotelier, a Representative
of USA, etc....
�2 r/ om) j- ro
l3 "'
Civic and Government Leaders
Examples: Schooll PTA affiliation, Neighborhood or Condo Association, Service Club,
i. e, Kiwanis, Leader of a Place of Worship, Canaveral Port Authority, VFW, American
Residents
Please nominate any other individuals you believe would be qualified to serve on the
Citizens' Visioning Committee
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Barry Brown
F U/4 4
From: Betty Walsh [bettywalsh1 @bellsouth.net]
Sent: Tuesday, March 10, 2009 3:29 PM
To: Barry Brown
Subject: Re: Recommendations for the Citizens' Visioning Committee
Sorry Barry - Here you are:
Richard Clarke
David Schirtzinger
Leo Nicholas
John Porter
Joyce Hamilton
John Anderson
Diana Marcum
Betty
------ ------- Original message from "Barry Brown" <brown-caoe@cfl.rr.com>:
Council Members:
Please submit your recommendations for the Citizens' Visioning Committee as soon as possible. Thanks.
Ba rry Brown
Planning and Development Director
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Barry Brown S�fA-n,NcA/ �ovCKTs
From: C. Shannon Roberts [csroberis@cfl.rr.com)
Sent: Tuesday, March 10, 2009 10:09 AM
To: Barry Brown
Subject: Re: Selection of Citizens' Visioning Committee
Good morning!
I am sorry I am just now responding to your request for our ultimate nominations to you for the Citizens'
Visioning Committee.
Given the number proposed below, thought it might be possible (you may already be thinking of this) to bave
subcommittees of the groups you have proposed with representatives selected from each for the overarching
Committee.
The following individuals are proposed according to the helpful categories of representation you have
provided.
Refined Proposed Candidates for City's Visioning Committee - Shannon's Innut
Business Leaders
John Anderson (former CEO, Enterprise Florida)
Bob Baugher (Radisson)
Alan Beal (sp?) (BP Station ...supporter of City who has attended Council/Board meetings)
Joh Craig (Craig Tech)
Tom Hermanson (Hotels - Marriott Residence Inn; and USA Building)
Dianne Marcum (Space Coast author, former Disney executive)
Bill Mays or his representative (Sheldon Cove, AJT building, proposal for Mixed Use Development north of
McDonalds)
Richard or Gail Pa.nnan (business owners and Publix employee)
Lori Peppers (Stottler Stagg)
.Iohn Porter (current business owner and former City Mayor - could represent business, civic, government,
and resident groups — recommend John be Chair of the of the Citizens' Visioning Committee)
Alfredo Teran (AJT)
Civic and Government Leaders
Dan Bailey (Pastor, Space Coast Seafarers Ministry)
Richard Blizzard (Grace Bible Presbyterian Church)
Richard Clarke (Villages of Seaport Condo Association)
Carol Delano (parent and member of the City's Recreation Board)
Brent Dyk (Shorewood Condo Board)
Rick Evans (Solana Lake communications)
Joyce Hamilton (Kiwanis - also resident and business owner)
Ken Hanson (Shorewood Condo Board)
Rosalind Harvey (Director, Public Relations, Canaveral Port Authority)
Kelley Sweet Jensen (parent, Vice -Chair, Community Appearance Board)
John Johanson (business owner; member of the P&Z Board; President, Discovery Bay Association; resident)
Adrienne Kessler (Solana Shores Condo Committeewoman ...ac-tive with beach/environmental concerns)
Mac McClouth (Canaveral Port Authority Commissioner and Business Owner)
Leo Nicholas (former City Council, VFW, American Legion)
Jeff Ratliff (City Deputy Public Works Director and City resident)
Andrea Rice (Cape View Elementary School teacher)
Residents
Bruce Collins
Mark or Debbie Denman
Bill or Wallace Eberwein
Susan Falardeau
Frank Fisher
Melora Foley
Ron Freeman
Tom Garboski
Werner &cue
Judy or John Hale
Patricia Minor
Mark Morrison
Joanne Munsey
Ray Osborne
Gene Petre
Dave Schirtzinger (resident who attends Council meetings regularly and provides constructive alternatives for
Boards, Council, and Staff to consider; Dave built the 30+ sand fences for the City recently)
Annie Tannenbaum
Richard Treverton
BJ Varuska
Thomas Wheaton
Many thanks for coordinating this on behalf of the City, Barry.
Much appreciated!
Shannon
On Mar 2, 2009, at 4:41 PM, Barry Brown wrote:
To all Councilpersons:
Please see attached list of applicants and recommendations for the Citizens' Visioning Committee. This list
includes all those who applied themselves and all those who were recommended by the Council, Staff, or
others. See attached Recommendation Sheet to guide your selection of a Visioning Committee.
Barry Brown
Meering Type: Regular
Meeting Date: 03-17-09
AGENDA
Heading
Discussion
Item
$
No -
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
SUBJECT: DISCUSSION: 2009 MANAGEMENT IMPROVEMENT AGENDA
DEPT/DIVISION: LEGISLATIVE
Requested Action:
Councilmember Shannon Roberts is requesting that City Council work with City staff in developing a 2009
Management Improvement Agenda.
Summary Explanation & Background:
The attached e-mail from Counciimember Roberts is an outline of proposed topics for review and discussion
as a basis for developing a 2009 Management Improvement Agenda.
Please advise.
Exhibits Attached:
E-mail dated 03-11-09
City Mana "s Offi
Department LEGISLATIVE
-n ki cuments\admin\council\meeting\2009\03-17-09\mgmt.doc
Pagel of 3
Bennett Boucher
From: C. Shannon Roberts [csroberts@cfl.rr.coml
Sent: Wednesday, March 11, 2009 12:58 PM
To: Bennett Boucher
Subject: Re: Management systems agenda item
Good afternoon, Bennett,
As background, I had understood from our January "State of the City" meeting that we would have a
Council brainstorming session on the "2009 Legislative Agenda" at an upcoming Council meeting,
which we did in February, and that this would be followed by a "2009 Management Improvement
Agenda" Council brainstorming session, which would be scheduled at the next Council meeting.
As part of our February Council meeting, in which you put the "Legislative Agenda" on the Council
meeting agenda, we brainstormed the ordinances we want to review this year, which would become part
of the Council's "2009 Master Council Calendar." This would help ensure we pace ourselves and
schedule ourselves during the year to accmplish the ordinance reviews we identified for 2009.
With respect to the "2009 Management Improvement Agenda", Council would brainstorm ideas for
management improvements, e.g., review of the City's Life Safety areas and associated policies and
practices, development of a City Management System, development of City Customer Standards, which
Council would like for the City to accomplish during 2009, as well.
Examples of what Council might identify as part of the "2009 Management Improvement Agenda"
brainstorming session at an upcoming City Council meeting include:
- Third Party Review of the City's Life Safety business areas and associated policies and practices to
ensure quality and timely life safety practices in the City (this was what we discussed at last 11 glit's
meeting and you are researching with the Florida League of Cities for possible suppliers);
- Development of a City Management System, which would include: defined processes, process maps,
and forms which are associated with the City's ordinances. Process improvements inherent in this would
be: steps involved with each process, the time periods involved, individuals involved (e.g., applicant,
City official), forms required, sequence of actions needed (e.g., signatures, forms to be completed) at
each stage of the process, alternative avenues which might be taken at certain steps, etc.... whatever is
involved in the process from the beginning of the process to the end of the process to ensure closure of
the action;
- Development of a City Forms and Document Management System;
- Hiring of a Human Resource Professional;
- Hiring of a Public Relations Professional;
- Development of a City of Cape Canaveral 2009 Human Resources Policies and Practices Manual;
- Development of City Customer Service Standards;
3/11/2009
Page 2of3
- Development of City Performance Metrics;
- Development of a City Program -Budget Process (I believe Andrea and you are already working on
this);
- Development of a Council Action Tracking System;
- City Visioning Process (you are already working on this one);
- Development of a Master Council Calendar each year;
- Development of a time/date certain for the performance evaluation of the City Manager each year.
All of the Council agreed upon "2009 Legislative Agenda" and "2009 Management Improvement
Agenda" items would help provide the City, you and the rest of the City staff an idea of what Council
would like to work on and have the City accomplish during 2009.
As City Manager, you and other City Staff would help Council, Boards, Staff, and others schedule for
2009 what would be needed to accomplish these legislative and management improvement initiatives
(e.g., Council meetings and workshops, Council/Board meetings and workshops, Community meetings,
strategic outreach initiatives; Staff, Board, and Special Presentations). These would become part of the
City's "2009 Master Council Calendar", so that Council, working with City Staff, could make sure we
are accomplishing what we set out to do during the 2009 calendar year.
Hope this helps provide an idea of how we might approach the Council brainstonning of "2009
Management Improvement Agenda" ideas, as we did the "2009 Legislative Agenda" at the February
2009 Council meeting,
Please let me know if you have any questions or need additional information.
Thanks for your initiative to help clarify what was intended with the Council "2009 Management
Improvement Agenda" brainstorming agenda item suggestion.
Shannon
On Mar 11, 2009, at 10:05 AM, Bennett Boucher wrote:
Good Morning Shannon,
Do you have any background information or an outline of the management systems agenda item
you requested?
It would be great to put something in the agenda packet.
Thanks,
3/11/2009