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HomeMy WebLinkAboutPacket 03-04-2008 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORTS: City Manager City Council AUDIENCE TO BE HEARD: City of Cape Canaveral INCIL REGULAR MEETING 'PITY HALL ANNEX ?nue, Cape Canaveral, Florida TUESDAY March 4, 2008 7:00 PM AGENDA 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. BOARD MEMBER INTERVIEW: Lori Peppers - Business and Cultural Development Board Prospective Applicant. CONSENT AGENDA: City Council Regular Meeting Minutes of February 5, 2008. 2. City Council Regular Meeting Minutes of February 19, 2008 3. Motion to Adopt: Resolution No. 2008-06; Appointing an Alternate Member as a Regular Member to the Code Enforcement Board. 105 Polk Avenue • Post 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.com Witty of Cape Canaveral, Florida City Council Regular Meeting Agenda March 4, 2008 Page 2 of 2 CONSIDERATION: 4. Motion to Approve: First Responder Agreement with the Board of County Commissioners of Brevard County. ORDINANCE: First Public Hearing: 5. Motion to Approve: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. RESOLUTION: 6. Motion to Adopt: Resolution No. 2008-05; Urging Bright House Networks Cable Company To Move Back The Government Channels From 199 To 99,198 To 9 And Make Access To Those Channels Free Of Charge To Brevard County Residents. DISCUSSION: 7. Building Heights in Commercial Districts along State Road A1A. 8. Citizen Awareness and Participation Plan. 9. Florida Department of Community Affairs Draft Legislation 2008. 10. Temporary Off -Premises Signs. 11. Central Canal Area. 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 Clerk's office (868-1221) 48 hours in advance of the meeting. Memo To: Bennett Boucher, City Manager From: Business & Cultural Development Board CC: Susan Stills, City Clerk Date: February 21, 2008 Re: Prospective Board Member The Business & Cultural Development Board interviewed Ms. Lori N. Peppers at their February 20, 2008 monthly meeting. The board feels that Ms. Peppers would be an asset to the board and recommends that City Council interview Ms. Peppers at their March 4, 2008 City Council meeting for appointment as a regular member of the City of Cape Canaveral's Business & Cultural Development Board. 7e,,ctfully submitted, Kim M. McIntire, Secretary CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. 2. 3. 4. 5. 6. B Applicant Name: 2 o tJ lr. Home Address: °f � ���`��- City, State, Zip:. yv` t .vtt I s( cA, -c�— 31`15'1> Home Telephone: 3oO - ( 31 Occupation:AEP Business Telephone: l Business Address: b �b Gtt ow tl c� CW`^�J�'-�I ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to, vote in Brevard County? cjof * VIL vr\- 2. Have youeen a resident of)he City of Cape Canaveral or 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y) / (N)— M— N) (Y) (N) (Y) (N) ✓ 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) -I' (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in se ry ng on a City advisory board or co �J Q l c.(_ o CCrrw� mittee- u v„ Gl Vv'� Gw. cn �' a� ► L� C r� 2. Briefly state any prior experiences in serving on any governmental board or committee: PC \0 b M fir\ C LrJ " � -Fn r S -(V t n aJ Vt-aM IntiH OW) ok , CAA V-10%--) aj\^— 3. Please list any specialized skills and training (e.g., architect, engineer, general 5 �U contractor, etc.) that you feel help to qualify you for membership on the desired boardor committee: Jowr ctI \'0 � t`l`�f `�� �'VV" r% Z RCAV-fA[ "kA W\,�, J 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: Beautification Board Board of Adjustment* Business and Cultural Development Board Code Enforcement Board" Community Appearance Board" Construction Board of Adjustment and Appeals* Library Board Planning and Zoning Board" Recreation Board Other: 'Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 2 D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male ✓ Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 5, 2008 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to Order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley City Planner Todd Peetz Recreation Director Robert Lefever REPORTS: City Manager Mr. Boucher announced the Business and Cultural Development Board Professional Art Show on Friday, February 22nd and Saturday, February 23rd from 10 A.M. to 4 P.M. at the Cape Canaveral Library Meeting Room. Mr. Boucher informed that the City received a letter from the East Coast Regional Planning Council. Mr. Boucher highlighted some of the following suggestions on the City's Evaluation and Appraisal Report which was sent to the Florida Department of Community Affairs: 1) creative planning in the transportation plan could transform the City by providing alternative transportation choices City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 2 of 13 connecting to Port Canaveral and enhancing its economic redevelopment, 2) the Council supports the implementation of the mixed use category especially along the business corridor or in a business downtown district, 3) seek affordable housing opportunities, 4) consider the use of form -based Codes to obtain the property architecture, building mass, mix of uses and streetscape in the redevelopment areas, and 5) recommended participation with the group, "How Shall We Grow" committee. • Mr. Boucher informed that he worked with Florida Power and Light on burying the Ridgewood Avenue lines. The City has to first identify all of the existing utilities on the Ridgewood Avenue corridor at its own expense. It was also the City's responsibility to contact and notify all associated entities using the FPL lines for relocation purposes. The City was also responsible, at its own expense, to enter a right-of-way agreement with FPL related to the Public Service Commission tariff. FPL recommended that the City seek a Project Engineer. Ms. Roberts asked if Mr. Boucher had talked with FPL about a phased -in approach to include N. Atlantic Ave. and Central Blvd. as suggested at the previous meeting. Mr. Boucher replied that the focus was on Ridgewood Avenue at this time and the same principles would apply to N. Atlantic Avenue. • Mr. Boucher reported that the City received the redesign plans of the N. Atlantic Avenue intersection. If there were no additional comments, the plans would proceed to the Road and Bridge Department. The Review Comments were due by February 15tH and a meeting was scheduled for February 27tH. Ms. Roberts requested a schedule. Mr. Boucher informed that adjustments were made related to a pole on the southwest side of the intersection. Ms. Roberts requested a schedule from the meeting on February 27tH • Mr. Boucher reported that the Public Works Maintenance Building was in progress. • Mr. Boucher reported that the Manatee Sanctuary Park Life Trail has 5 out of the 10 Life Train stations installed. The remainder would be completed during the week. • Mr. Boucher informed that the $25,000 additional homestead under the Property Tax Amendment would remove $58 million from the City's tax roles. • Mr. Boucher informed that he received copies of the City of Satellite Beach oral history DVD and the DVD of the City of Cocoa Beach's Anniversary. Mayor Randels asked if City could obtain copies for Council and the Board members. The City Clerk would check on copyrighting prior to duplicating the material. • Mr. Boucher suggested dates for a Workshop Meeting: February 14th or February 28th. Council agreed on Thursday, February 28tH for a Code Review Workshop. • Mr. Boucher recommended a meeting for Council Action Items. Council agreed on a Workshop Meeting on February 19th at 5:30 PM. • Mr. Boucher reported that he and the City Attorney would meet with the Coastal Fuels attorney in the following week. Mr. Boucher replied to Mayor Randels that a Special Exception was submitted. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 3 of 13 Staff Building Official • The Building Official announced that the Building Department officially moved to 7510 N. Atlantic Avenue. He reported that $23,600 was expended which was under the $25,000 budget. Mr. Morley welcomed a visit. Recreation Director • Mr. Lefever reiterated that five of the Life Stations were operational. City Clerk • No report City Attorney • No report City Council Council Member Roberts • Ms. Roberts requested some information to help residents understand the new Appeals process such as a process flow. • Ms. Roberts addressed the possibility of a welcome center and City history museum on the property in out -parcel north of the Country Inns and Suites on Al A. • Ms. Roberts addressed the use of customer service standards to address response times related to permitting, project reviews and the clarity of City processes from a customer's viewpoint. Ms. Roberts clarified that citizens know the specific timeframe to expect a response from the City. • Ms. Roberts addressed the need to discuss at the Council Actions Workshop a Master Internal Calendar to include the Visioning Session, the Space Coast League of Cities dinners and the representational meetings that Council Members attend. • Ms. Roberts asked about the status of the Green Cities application. Mr. Boucher replied that Walter Bandish and Todd Morley were evaluating the impacts of the cost to their Departments. Council Member Nicholas Mr. Nicholas referred to the number of political signs and asked how the State election laws interacted with City sign code laws. Attorney Garganese responded that the Constitution allows for campaign signs for extensive time periods. Attorney Garganese stated that a candidate is allowed to post City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 4 of 13 campaign signs under the Constitution. He responded to Mr. Petsos that a candidate, however, must be "qualified" to run for office. Attorney Garganese concluded that the adopted Sign Code would address temporary signs which addressed campaign signs. • Mr. Nicholas referred to his previous question of the name for a body of water known as the Canaveral River or Creek. Mr. Nicholas stated that the response he received was offensive in calling it a "ditch." He requested further discussion of this item at a future Council meeting or perhaps the Council Actions Workshop. • Mr. Nicholas referred to a list of grants that the Council received and questioned the time period in which the City received the grants. He requested that dates accompany the grants list. Council Member Petsos • Mr. Petsos inquired about the status of bus shelters. Mr. Ratliff replied that 20/20 Media would provide the City a packet. Mr. Ratliff would contact them again for a response. • Mr. Petsos encouraged participation in a Sea Oats Planting at 9 A.M. at Cherie Down Park on Saturday, February 16tH • Mr. Petsos inquired about a letter in response to the City's use of the Library Meeting Room. Mr. Boucher responded that the Library Board cancelled its January meeting; however, he would meet with them in February to discuss this issue. Mr. Petsos requested information prior to the Council Workshop on February 19th for planning purposes. • Mr. Petsos inquired about ad valorem taxes that the City sends to the County. Mr. Boucher replied that Commissioner Nelson was waiting for the results of the January 29th election. Mr. Petsos stated that the City sent $5.3 million dollars which did not include the $1.4 million for Mosquito Control and Library District and Environmentally Endangered Land plans. He concluded that citizens were experiencing a double tax hit. • Mr. Petsos reminded of the election for State Representative. A former Cocoa Beach Commissioner, who had a grasp on community issues, was seeking that office. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog inquired about the street light program. Mr. Ratliff reported on a visit from Florida Power and Light who would report back. Mr. Ratliff asked if the light should be installed or was more discussion required from the residents along Thurm Blvd. Mayor Pro Tem Hoog replied that Bayside and Bayport Drive residents were in favor of the additional lighting. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 5 of 13 Mayor Randels Mayor Randels announced the success of the Student Art Show on Saturday, February 2" d. Former City Council Member Tony Hernandez provided a $500 award for the winner. AUDIENCE TO BE HEARD: There were no concerns from the audience. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of January 15, 2008. 2. Outdoor Entertainment Permit - Brevard County Traveling Skate Park. 3. Outdoor Entertainment Permit - Space Coast Seafarers Ministry — Walk for Bibles. 4. Outdoor Entertainment Permit - Manatee Sanctuary Park - Community Celebration. 5. Cooperative Purchase of Sanitary Sewer Lining Services. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Item No. 5 for discussion. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve Consent Agenda Items No. 1 through 4. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 5. Cooperative Purchase of Sanitary Sewer Lining Services. Ms. Roberts questioned how this request fit in with the City's Master Plan. Mr. Bandish distributed further information on the Sanitary Sewer Lining Service program. Mr. Bandish explained how in 2002 the lines were cleaned, televised, and smoke tested. He pointed out how the lines were prioritized for repair. Mr. Bandish stated that roughly 30,000 feet remained to repair. Ms. Roberts referred to the distribution line map and asked if many of the systems in the City's northern part were private lines? Mr. Bandish explained how private lines connected to the City's main trunk lines. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 6 of 13 A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve Consent Agenda Item No. 5. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. SITE PLAN: 6. Motion to Approve: Proposed Burger King Site Plan. Mayor Randels concluded that all concurrency related requirements were met. Mr. Petsos requested a bus shelter in the northeast corner of the parcel. Ms. Kirkland responded that this would require a landscaping adjustment. Mr. Bandish informed that he was working on a bus shelter with Country Inns and Suites. Staff would review the two parcels for a viable location. Mayor Randels clarified that bus shelters were allowed on private property only on State Road Al A. Mr. Ratliff responded that the awaited packet from 20/20 Media would identify the available bus shelter sites. Mayor Randels concluded that Space Coast Area Transit considers the greater area of riders. Ms. Kirkland agreed to take the bus shelter concept back to her office. Ms. Roberts requested a copy of the proposal that was sent to 20/20 media. Ms. Roberts questioned the possibility of using a 3-D architectural rendition. Ms. Kirkland responded that a 3-D rendition was labor intensive, costly and usually used for larger projects, such as a shopping center. Ms. Roberts suggested for Council to consider adding criteria that requires an additional item for a 3-D color rendering of the principal structure in City Code Section 110-222. Todd Peetz, City Planner, explained how the out parcel would not remain part of the Residence Inn. He stated that staff was working on a mechanism to change the platting Ordinance procedure to identify when a re -platting was necessary. Mr. Peetz stated that one of the Planning and Zoning Board conditions was the Lot Splitting Resolution. Ms. Kirkland requested to have Item No. 8 considered along with Item No. 6 as a related item. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Consider Item No. 8; Resolution No. 2008-03 at this time. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Adopt: Resolution No. 2008-03; Approving a Lot Split, as a Condition of the Site Plan Approval for Burger King. Mayor Randels read Resolution No. 2008-03 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING A LOT SPLIT, AS A CONDITION OF SITE PLAN APPROVAL, City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 7 of 13 OF CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF HIGHWAY AIA AND COMMONLY REFERRED TO AS "OUT PARCEL 2"; RECOGNIZING THE PROPERTY AS A SEPARATE AND DISTINCT LOT FOR DEVELOPMENT PURPOSES ONLY; PROVIDING THAT ANY FURTHER SUBDIVISION OF OUT PARCEL 2 BE INCOMPLIANCE WITH ANY APPLICABLE LAW OR ORDINANCE; LIMITING ACCESS TO AND FROM HIGHWAY AIA; PROVIDING THAT THIS RESOLUTION SHALL BE RECORDED IN THE PUBLIC RECORD OF BREVARD COUNTY AND SHALL RUN WITH THE LAND; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. Mr. Nicholas stated that this action was a re -platting by another name and he expressed his concern with taking action without formal platting. He asked if there were any way to go through the re -platting process after action was taken. Attorney Garganese explained how the Lot Splitting Resolution recognized this lot for development purposes and placing restrictions on the property prior to considering the Site Plan. Attorney Garganese concluded that a Lot Splitting Resolution was the most expeditious manner of addressing this issue. Mr. Nicholas stated that he did not want to set a precedent for a means of circumventing the City's existing laws. Attorney Garganese stated that the City controls Land Subdivision, subject to Florida Statutes Chapter 171. He stated that lot -splitting was an effective way to address this circumstance since the lot did not deal with the creating roads, creating townhome lots or multiple lots. Attorney Garganese stated that the action had limited application. Mr. Nicholas stated that he has seen a negative effect of a residential lot re -selling a portion of their re -platted lot; however, he realized the City had no control over conveyances. Attorney Garganese concluded that the governing body would confront any newly created lot at the time of any permit applications. Ms. Roberts asked for clarification related to the south parcel. Ms. Kirkland pointed out a cross access easement connecting to the Race Trac property. Discussion concluded that a cross access easement kept any parcel from becoming land -locked. Mr. Boucher inquired about the dumpster capacity. Ms. Kirkland replied that the dumpster would be of standard size. Mr. Boucher requested a dumpster of adequate size for a fast -foot restaurant. Ms. Kirkland stated that the identified parking in front of the dumpster was for employee parking. The owner of Extreme Fun added that he was willing to continue the easement through to the traffic light. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2008-03. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve the Site Plan for Burger King with the condition of: a Resolution for a lot -split. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 8 of 13 In closing, for the record, Ms. Kirkland complimented the City's Building Department staff on their effective permitting process specifically Joy Lombardi and Susan Chapman. RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2008-02; Adopting a Social Security Number Policy and Written Statement Addressing the City's Collection and Use of Social Security Numbers. Revised Mayor Randels read Resolution No. 2008-02 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A SOCIAL SECURITY NUMBER POLICY AND WRITTEN STATEMENT ADDRESSING THE CITY'S COLLECTION AND USE OF SOCIAL SECURITY NUMBERS; CERTIFYING COMPLIANCE WITH SECTION 119.07(5), FLORIDA STATUTES, TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. Attorney Garganese explained that effective October 1, 2007 per Florida Statutes the City was required to adopt a policy regarding Social Security Numbers, the City would be required to report to the State, annually, anyone who requests a social security number through a public records request. The draft Resolution stated that the City would only collect social security numbers as authorized by law. Attorney Garganese replied to Mr. Petsos that the Florida Legislature adopted a Public Records provision which made social security numbers a public record if they were requested under certain circumstances, for example, Skip Tracing services. As a safeguard the Legislature added a reporting requirement to track who was requesting this type of data. Mr. Petsos inquired how the City would ascertain if a reputable company were requesting the information. Attorney Garganese responded that in another City he submitted a Set of Interrogatories to a requestor in order to ascertain its reputation; however, he received no reply. Attorney Garganese explained how, if a commercial entity requests social security numbers, the City was not required to notify those whose names were a part of that request. Ms. Roberts stated that an additional provision was needed then to notify the persons whose social security number was requested and to charge the requestor. Attorney Garganese replied that the law did not require a charge to the requestor or to notify the person whose number was requested. Attorney Garganese clarified that a commercial enterprise, however, could make such a request if they could verify that they were a reputable company. Attorney Garganese informed that if the Council did not adopt the policy, then sanctions would follow. Attorney Garganese explained that this would establish that the City was formally establishing a Social Security Number Collection policy. Ms. Roberts reiterated City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 9 of 13 notifying the person whose Social Security Numbers was collected. Ms. Roberts suggested adding a provision (D) to read, "The City shall provide notice to each individual whose Social Security Numbers are requested from a commercial entity." Attorney Garganese stated that the City could do this; however, for clarification the language might read, "The City shall notify each individual whose social security number is disclosed by the City in response to a written request for social security numbers made by a commercial entity engaged in the performance of a commercial activity." Mayor Randels clarified that the former provision (D) would be reassigned to (E) for accession purposes. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to add Provision (D) which would read, "The City shall provide notice to each individual whose Social Security Number was disclosed to a commercial entity" and to Adopt Resolution No. 2008-02. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, Against; Mayor Randels, For and Ms. Roberts, For. 8. Motion to Adopt: Resolution No. 2008-03; Approving a Lot Split, as a Condition of the Site Plan Approval for Burger King. Item No. 8 was discussed in conjunction with Item No. 6. 9. Motion to Adopt: Resolution No. 2008-04; Approving the Temporary Suspension of Enforcement of the Time Limits to Display Temporary On - Premises Signs Set Forth in Section 94-76 and Approving the Suspension of Permit Fees for Temporary On -Premises Signs Imposed by Section 94-35; Suspending said Code Provisions for a Period of Six (6) Months; Providing for One (1) Six (6) Month Extension of the Suspension Period by a Majority Vote of the City Council. Revised Mayor Randels read Resolution No. 2008-04 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPROVING THE TEMPORARY SUSPENSION OF ENFORCEMENT OF THE TIME LIMITS TO DISPLAY TEMPORARY ON -PREMISES SIGNS SET FORTH IN SECTION 94-76 AND APPROVING THE SUSPENSION OF PERMIT FEES FOR TEMPORARY ON -PREMISES SIGNS IMPOSED BY SECTION 94-35; SUSPENDING SAID CODE PROVISIONS FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR ONE (1) SIX (6) MONTH EXTENSION OF THE SUSPENSION PERIOD BY A MAJORITY VOTE OF THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. Mr. Petsos pointed out that the intent to suspend the requirements for all businesses not only for new businesses as stated in City Code Section 94-76. Attorney Garganese replied that the Council was suspending the only temporary on -premise sign provision in the Code. Mr. Morley explained that the remaining portion of the Sign Code was City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 10 of 13 unaffected by this Resolution. Ms. Roberts questioned temporary signage relative to the real estate community. Ms. Roberts asked if staff would consider some means of providing temporary relief for them similar to what was being done for the business community. Mayor Randels concluded that her request related to off -premise signs. Ms. Roberts requested that staff to research this for future discussion. Mr. Boucher reminded that during the last Sign Code meeting, temporary off -premise signs in the right- of-way were not favored. Mr. Boucher stated that he would place the request on the next City Council Agenda under Discussion. Mr. Morley asked if Council's intent was one sign per premise on the item in discussion. Mayor Randels affirmed that it was. Mr. Lamar Russell, Vice Chairperson of the Planning and Zoning Board, reminded that the intent was to set aside the Sign Ordinance and address temporary on -premise signs. The Owner of All About Hair questioned when the Resolution would go into effect. Mayor Randels responded that the Resolution was effective immediately on Adoption. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2008-04. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 10. Motion to Approve: Interlocal Agreement for Beach Cleaning Equipment. Ms. Roberts expressed concerns that there was no discussion with Keep Brevard Beautiful, the community or with the Port, nor was there discussion on the percentage of proportionate funding with the City of Cocoa Beach. Ms. Roberts recommended a Workshop on this issue in order to address concerns. Mr. Petsos stated that Keep Brevard Beautiful participated in the equipment demonstration. Ms. Roberts re -stated that there was not enough community involvement and a Workshop was in order. Mayor Randels questioned Ms. Roberts' opposition. Mr. Tom Garboski related that he spoke with up to 30 residents who were opposed to the beach cleaning machine and he questioned the long-term cost. Mr. Garboski stated that the ocean -front residents desired the beach cleaning machine; however, other non beach- front residents did not desire it, nor did they want to pay for it. Mr. Petsos related on a newspaper article and the favorable feedback contained in it. He stated that the Interlocal Agreement could be re -negotiated if it were found that the cost proportion was not fair and said that the City Manager sought to resolve many concerns. Mr. Boucher stated that the current manual beach -cleaning process was not cost-effective. Ms. Roberts stated that she did not see any corporate cost-sharing. Mr. Bandish related that people were concerned seeing prison inmates on the beach and Mr. Boucher added City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 11 of 13 that Keep Brevard Beautiful would charge for their cleaning assistance. Some discussion followed on equipment maintenance and storage. Mr. Boucher clarified that during Turtle Nesting Season the City was restricted to use the machine during high tide line. He informed of three species of protected turtles that nest in the Cocoa Beach/ Cape Canaveral area. Ms. Dianne Marcum inquired about the amount of mileage difference between Cocoa Beach and Cape Canaveral. Mr. Boucher replied that Cocoa Beach intended to clean their high -traffic areas only. Ms. Roberts recommended a Workshop Meeting prior to taking action. A motion was made by Mayor Randels and seconded by Mr. Petsos to Approve the Interlocal Agreement for Beach Cleaning Equipment $27,220.20. The vote on the motion carried 3-2 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, Against. 11. Motion to Approve: Donation to Keep Brevard Beautiful. Mayor Randels recounted that Keep Brevard Beautiful [KBB] provided 222 volunteer hours for Adopt -a -Shore, picked up 2,430 pounds of trash, provided 80 volunteers with the Adopt -a -Road program and picked up 1,380 pounds of trash, and their total measurable value was $3,290. Mayor Randels stated that no aid to private organizations was included in the current Budget and funding was moved to the City's Contingency Fund. Mr. Petsos expressed his favor with KBB; however, due to the beach cleaning machine purchase, he requested to decline a donation this year. Ms. Roberts stated that a donation to support KBB was a notable action. Ms. Roberts requested to mention to KBB the need for their assistance such as in the instance of red tide. A motion was made by Ms. Roberts and seconded by Mayor Randels to Approve a Donation to Keep Brevard Beautiful in the Amount of $2,000. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to extend the meeting to 10:30 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 12. Motion to Approve: Proposal to Re -Roof the Public Works Laboratory. Ms. Roberts asked if there was a warranty on the new roof. Mr. Bandish affirmed and stated that the Building Official noted a negative slope which caused water retention. Mr. Morley asked if the City Council desired to waive the Permit Fees. Mr. Boucher informed that this would not favor the General Fund; therefore, the Permit Fees were not waived. Discussion concluded that there was a 10 -year warranty on the work and 20 -years on the City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 12 of 13 materials. Mr. Bandish replied to Ms. Roberts that no businesses were found in the City that performed roof repair or air-conditioning work of the type required. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve a Proposal to Re -Roof the Public Works Laboratory. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 13. Motion to Approve: Proposal for the Evaluation of Road Re -surfacing. Mr. Bandish informed that he contacted a professional consultant who performed a review and suggested 15 -boors at two -feet to ascertain if the road bases were stable. Mr. Nicholas questioned the subsequent plan if the road bases were found unacceptable. Mr. Bandish replied that the consultant was called in at Council's direction. He stated that if the consultant found the base unstable, then the streets would require total refurbishment or a material called geo-fabric could be installed. Mr. Nicholas stated that he did not envision refurbishing newly repaved streets. A motion was made by and seconded by to Approve a Proposal for the Evaulation of Road Re -surfacing. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. ORDINANCES: First Public Hearing: 14. Motion to Approve: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. Mayor Randels read Ordinance No. 01-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE V, OF THE CODE OF ORDINANCES RELATED TO FINANCE TO ESTABLISH A FUND BALANCE/ RETAINED EARNINGS RESERVE POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Ms. Roberts commended the City Treasurer for recommending a 20 percent reserve and not the suggested 15 percent minimum requirement from the Auditors. No action was taken on Ordinance No. 01-2008. The item would return to the next City Council Agenda for a First Public Hearing. City of Cape Canaveral, Florida City Council Regular Meeting Agenda February 5, 2008 Page 13 of 13 DISCUSSION: 15. Recommendations to City Council from the Business & Cultural Development Board. Ms. Joanne Muncey, Business and Cultural Development Board Chair Person, addressed the Council and presented the five issues which the Board recommended City Council pursue in 2008. Ms. Muncey explained the Board's intent to preserve the City's history and the Board determined that a Community Redevelopment Agency [CRA] would provide the most beneficial avenue for the City's success. A CRA would provide the authority and access to funding that's required to achieve the City's goals. Ms. Muncey called on Mr. John Anderson, Business and Cultural Development Vice Chairperson, and Ms. Dianne Marcum to speak on the CRA recommendation. Ms. Marcum declined to speak. Mr. Anderson stated that a CRA was a tool that allowed the City to have access to tax instrument funding that it would not otherwise have unless it were certified under the CRA. Mr. Anderson explained some of the CRA's flexibility to acquire, hold, and dispose of property and funding for streetscapes and parks. It provides flexibility in governance to become a separate Agency or the City Council could serve as the CRA. The CRA would be a tool that would allow the City to do its economic development, community development and re -development that would otherwise not exist. A CRA would also require a designated staff person performing a specified task. Mr. Anderson stated that there were 38 recommendations of which the Board chose five to present to Council. Mr. Anderson mentioned that mixed-use was discussed; however, the Council could identify their areas for redevelopment and then include mixed-use within that area. Mr. Anderson informed that every recommendation to the Plan was unanimously decided. He emphasized the Board's support of staff to specifically work on redevelopment issues. Mr. Anderson replied to Ms. Roberts that the issue of a Community Redevelopment Agency was time -sensitive and therefore time perishable. Ms. Roberts requested for the Council to begin discussion of the five points at the next City Council meeting. ADJOURNMENT: There being no further business, the meeting adjourned at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 19, 2008 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts 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 Building Official Todd Morley Recreation Director Robert Lefever REPORTS: City Manager • Mr. Boucher announced that the City received its Non -Pollutant Discharge Elimination System [NPDES] Federal Stormwater Permit approval. • Mr. Boucher reported on construction of the new sewer main as follows: boring under the canal and realignment to the north side of the canal. Trenching was not needed. Mr. Bandish distributed depictions of the job performed. • Mr. Boucher reported that Duree Alexander, Code Enforcement Officer and Jeff Ratliff, Assistant Public Works Director, would make a presentation at the Sea Turtle Committee Meeting over the weekend to talk about the street lighting grant that they received from the Sea Turtle License Plate fees. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 2 of 14 • Mr. Boucher reported that he prepared a draft that he submitted to the City Attorney's office related to the Ocean Woods sewer maintenance request. Public Works would also review and comment. A finalized draft was forthcoming. • Mr. Boucher reported that the Legislative Delegation would meet on Wednesday, February 20th. Ms. Roberts asked if the concern that the City had related to the Florida Department of Environmental Protection related to notifying the cities prior to utility permitting was on their Agenda. Mayor Randels responded that this item was included in the Florida League of Cities legislative packet. • Mr. Boucher announced that the Building Department now handles Business Licensing Taxes. He commended Andrea Bowers and Todd Morley for making this happen using the new Financial Software. Staff Public Works Director Mr. Bandish reported on the successful progress of the new Public Works Maintenance Building. Building Official • Mr. Morley reported on the success of the new Building Department site. He thanked the Council for their assistance in approving the facility. City Treasurer • No report. City Clerk • No report. City Attorney • Attorney Garganese advised the Council that Tripple J Investments, Inc. filed a lawsuit relating to the Special Exception Application that the Board of Adjustment denied. He stated that there were two counts: Count 1) to compel the Board of Adjustment to render the Special Exception, and Count 2) a Violation of Federal and Procedural and Substantive Due Process rights demanding damages under Section 1983 of the U.S. Code. Count 1 regarding Mandamus trying to compel the Board to issue the Special Exception and it is the City's intention that since the mandate was issued by the Court on October of 2007, there has not been a Board of Adjustment hearing schedule and the Council made their decision not to Appeal. Secondly, the City contents that they tried to schedule that meeting as a courtesy with the principles of Tripple J Investments, Inc.; however, the City was told to hold off while they consider their options. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 3 of 14 Attorney Garganese also reported to the Council that he and the City Manager met with representatives from Coastal Fuels to discuss their pending Special Exception application, the status of that application, and review ongoing processes. In general they discussed the procedures of moving forward. He reminded the Council that under the new Ordinance, the Council may serve as the final decision makers in Special Exception applications if there were an Appeal of the Board of Adjustment's decision. He advised the Council members to refrain from discussing this matter with any members of the public in order to maintain their impartiality in the event that there was an Appeal. He informed that surrounding residents have also retained Counsel and they would participate in a Hearing. If the Council received any information, they are to disclose that information at a Hearing. City Council Council Member Roberts • Ms. Roberts inquired about the City's disaster preparedness plan other than the hurricane plan. Mr. Boucher related that the Fire Department recommended for residents to attend the Community Emergency Response Training [CERT] program. This 12 -week course would equip residents to participate in emergency situations. Norman Moody would prepare a story including a call for citizen participation as well as information for the Condominium Associations. • Ms. Roberts mentioned cell phone notification in which residents would be notified of eminent danger. • Ms. Roberts also mentioned a Master Plan for: sidewalks, bikeways, bus shelters, crosswalks, street paving, lighting and benches. • Ms. Roberts expressed concern over clear articulation of the City Boards' roles and responsibilities in support of the Council's decision-making and planning. • Ms. Roberts recommended review of a City Environmental Ordinance as a high priority to deal with the soot at Port Canaveral, the red tide issue and any fuel emissions issues. Mayor Randels asked if there were legitimate legislation that the Council could use to pursue these issues. Ms. Roberts requested for staff to find an Environmental Ordinance that goes beyond the existing Ordinance which relates predominately to litter. Mr. Bandish informed that the Florida Department of Environmental Protection required a qualified staff person to make determinations related to environmental issues. Ms. Roberts concluded that this was a frequently heard concern from the community and also consistent with the Green Cities work that was in progress. • Ms. Roberts addressed dilapidated buildings. Mr. Morley stated procedures for this was in Ordinances under the Standard Unsafe Building Abatement Code. • Ms. Roberts inquired about the Visioning Session. Mr. Boucher would schedule a time. • Ms. Roberts inquired about the Master Internal Management Planning Calendar. She desired specific information related to meeting attendance. Ms. Roberts stated City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 4 of 14 that the Council needed a roster of who represented the City and the meeting they planned to attend, as well as a calendar to assist the Council with those scheduled meetings. Ms. Roberts suggested the management planning calendar to know when the Council and City Manager attend meetings in order to know who would be the City's liaison. Mr. Boucher replied that he would give this task to his Executive Assistant to maintain each Council Members memberships and meeting attendance. Ms. Roberts asked if discussion of a Developer's Agreement were an Action Item. Attorney Garganese explained that the City had discussion on the processes that the City follows for Land Development permits and Developers Agreements were included into the discussion. The City could also use Home Rule Powers to require Development Agreements. Ms. Roberts concluded that this complements the Citizen Awareness Participation Plan and she did not desire to lose this as a potential action. Ms. Roberts inquired about the Business Survey. Mr. Boucher stated that this was on his actions list. Ms. Roberts asked for an updated list of Condominium Associations, Presidents or Contact Persons. Ms. Roberts suggested purchasing the two acres of land north of the Country Inns and Suites. She requested to add this to the Council Actions list. Council Member Nicholas • No report. Council Member Petsos • Mr. Petsos reported that 5,000 sea oats were successfully planted using 59 volunteers on Saturday, February 16th. He thanked Jeff Ratliff for his coordination. • Mr. Petsos asked if there were any further information on using the Library. Mr. Boucher replied that he met with Ms. Catherine Schweinsberg, Library Administrator and Mrs. Isabel Escapa, Library Director. He asked them to review their $485,000 budget. He stated that there was no charge back to record how the $4 million related to county wide services was used among 17 libraries. Mr. Petsos, Mayor Pro Tem Hoog and Ms. Roberts stated the desire to express their concern with the lack of County funds accountability. Mr. Boucher related that the Library Administration was concerned with City functions conflicting with Library patronage. He asked them to provide a cost analysis of keeping the Library open an additional night. Mr. Boucher related how he suggested having the City's architect review space and find joint -use purposes. Ms. Roberts requested a report from the Library related to usage. Mr. Lefever stated that the Recreation Department charged use of their Meeting Room. He said that there were available time periods for community Associations to use. Mr. Boucher would coordinate review of Meeting Room usage between the Library and the Recreation Center. • Mr. Petsos asked if the City had heard from the County Commissioner on the $5.3 million that the City sends to the County. He stated that he did not desire to City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 5 of 14 be a donor City. Mr. Boucher recommended that Mr. Petsos pursue his concern. Ms. Roberts requested to partner with Mr. Petsos due to the financial information system issue since the County does not have a progressive accounting system. Due to Sunshine conflict, Mr. Petsos and Ms. Roberts would separately pursue their concerns. Ms. Roberts mentioned the beach cities coalition. Mr. Petsos requested pricing on additional sand fencing and for staff to return to another Council Meeting said pricing for Council's review and approval. This would be an inmate and volunteer project. Mr. Boucher stated that he would have staff inquire of the Florida Department of Environmental Protection for field permits. He assigned the inquiry to Mr. Ratliff. Mayor Pro Tem How • Mayor Pro Tem Hoog requested a Resolution related to Bright House Networks to put the government channels back on Channel 99 and Channel 199. Mr. Boucher replied that this would be placed on the next City Council Agenda for approval before the next Space Coast League of Cities meeting. • Mayor Pro Tem Hoog inquired about the manatee statue. Mr. Bandish replied that the crack was repaired. • Mayor Pro Tem Hoog noticed the No Parking Signs on the right-of-ways being installed and requested increased law enforcement. Mayor Randels • No report. AUDIENCE TO BE HEARD: • Mr. Jim Tuggle, Operations Manager, Waste Management, Inc. addressed the question related to dumpster deodorization. He stated that during his 18 year tenure many products have been used in the deodorization process and he displayed the Isis Deodorant Dry Crystal 601 product which is used now. He informed that the product was used at hotels, restaurants, and condominiums with chute rooms. Mr. Tuggle replied to Mayor Randels that there was a noticeable decrease in recyclables since inception of the One Sort Program; however, he did not have statistics at this time. Ms. Roberts asked if there was a way to steam wash and return the dumpsters. Mr. Tuggle replied that condominium property management staff performed that duty; however, the dumpsters were replaced when necessary. Mr. Tuggle stated that the trucks were washed every week. Ms. Roberts informed that the residue under the trucks was deteriorating the pavement on the driveways. Mr. Tuggle explained how the seals were replaced on the trucks and drivers were coached to break off their routes, go to the dump and return to their route. Mr. Nicholas stated that a Contract provision stated that the dumpsters would be washed and spray cleaned once per month. Mr. Tuggle replied that drivers remove and replace the City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 6 of 14 containers. Mayor Randels stated that Mr. Nicholas was correct in that Page 21 read, "the contractor shall spray all mechanical containers with disinfectant every 30 days." Ms. Roberts requested more detail in the Quarterly Reports relating to the content of a customer's complaint and subsequent follow-up action. Mr. John Gedney, of Solana Lake, stated that the crystals were no longer being done. Mr. Tuggle informed that the driver left the premises with several canisters. Ms. Roberts stated that Solana Shores had the same issue. Mr. Tuggle stated that the crystals assisted with the odor; however, they did not eliminate it. Mr. Boucher requested consistency on the deodorization process. Mayor Randels thanked Waste Management for the recently delivered recycle bins. Mr. Frank Kuhn expressed his thoughts on declining property values due to lack of law enforcement. Mr. Kuhn related on how his home's property appraisal decreased and how it was based on the surrounding neighborhood. He stated that the class of property renters was declining and leading to those who disturb the peace. Mr. Kuhn stated that the former Precinct Commander, George McGee was well-known in the community, unlike the new Administration. Mr. Kuhn informed that Law Enforcement has diminished in the residential community; however, law enforcement was evident on State Road Al A, which was not a City road, monitoring speeders. Mr. Kuhn addressed the issues of prostitution and narcotic activity saying that the Council was not directing Law Enforcement to make arrests. Mr. Kuhn emphasized his concern over his declining property values based on the surrounding population. Mr. Kuhn concluded that he desired to see criminals arrested and taken off the street. In response to Mr. Kuhn's remarks, Mr. Boucher stated that based on the statistics in the Canaveral Precinct Annual Report, crime in the community was down. He encouraged Council to read the report. Ms. Joyce Hamilton announced that Mr. Jerry Hudephol, a former Police Chief, passed away. Ms. Hamilton distributed a letter that she wrote after the Planning and Zoning Board Meeting on February 13th. Ms. Hamilton read her letter in its entirety. In summary, Ms. Hamilton's letter encouraged the Council to proceed with the Sheldon Cove project as an aesthetic and economic benefit to the Cape Canaveral community. A petition was attached to the letter in which she secured up to 50 signatures from those in favor of proceeding with the Sheldon Cove project. Ms. Hamilton informed that the two concerns she heard were that one person did not desire the business competition and the other did not desire to see this type of project. Mayor Randels commended Ms. Hamilton on her participatory interest in the City. Mr. Arthur Berger addressed the Council and asked what the City Council cared to see in the Sheldon Cove project. Mr. Berger noted the project's explanatory brochure that would allow for citizen input to a web site. Ms. Dawn Mays distributed the brochure which was one of a four-part plan to introduce the project to the public, which would include a web site, a series of town meetings and feedback from the web site. Sheldon Cove would then contract a City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 7 of 14 third -party provider to receive the web site feedback in order to avoid conflict of interest. Mr. Bill Mays stated that as an investor he felt that the firm had done what was expected for the Sheldon Cove project. Mr. Mays stated that the Sheldon Cove project, however, was shut down at the Planning and Zoning Board level by two persons based on political opinion. Mr. Nicholas stated that under the City's existing code, the Sheldon Cove project required a Variance. However, a Variance depends on a hardship. Their other alternative was for Council to change the Ordinance. Otherwise, they would need to request a Zoning Code change before the Planning and Zoning Board which would then come to the City Council. Mr. Berger then requested to know the recommended venue in which the project should proceed. Mr. Boucher brought up the height limitation might be in the City's Comprehensive Plan which would require an Amendment. Staff would need to ascertain if it were. Mr. Boucher stated that the issue was more than addressing height but also: 1) a matter of economics, 2) was it desirable to enhance the value in that part of the community, and 3) would it infringe on other uses in that area. Mr. Boucher stated that he expected the Board seek beyond a yes or no and address the project's viability. Mr. Boucher was told that Mr. Russell laid out the possibility for a Code change which to him was part of the Board's evaluation and, perhaps, the Board should consider this more than just the height. Ms. Roberts expressed the concern after the Planning and Zoning Board meeting that the Sheldon Cove representatives were not certain of their alternative actions once the Board voted to table the project. Mayor Pro Tem Hoog related some of the concerns raised to him such as the impact of traffic and parking. Mr. Berger informed that the design included a five -story parking garage behind the building. Mr. Berger replied to Mayor Pro Tem Hoog that the Mixed -Use related to commercial and retail shops only. Mr. Mays replied that many of these concerns were discussed at the Planning and Zoning Board Meeting which was fruitful up to the first motion. At the second motion, Mr. Russell presented an alternative which did not pass and the third motion tabled discussion. Mr. Boucher read the City Planner's Summary as: • There was a motion to deny a height increase which failed two to three; • There was a motion to allow a height increase to 65 -feet by Special Exception on State Road A1A which failed two to three; • The Board tabled the Item until the next meeting pending further discussion. Mr. Donald Dunn, Planning and Zoning Board Member, recollected one of the reasons the vote was tabled as the building's 1,230 person traffic count which exceeded the maximum allowable on State Road A1A. If the count were accepted, it would hinder future development. He recalled the reason was to bringing the issue to a Referendum. Mr. Petsos brought out that a majority of the Council desired for this issue to proceed to a Referendum, as he noted in previous Minutes. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 8 of 14 Mr. Dunn concluded that the Board tabled the Item in order to seek information from the Building Official related to traffic concurrency. Mr. Dunn replied to Mayor Randels that the Referendum and traffic were outstanding issues for the Board. Mr. Dunn clarified that the Board did not recommend a Citizens Awareness Participation Plan[CAPP] as a requirement. Mr. Mays stated that the CAPP was denied, but with no alternative. Mr. Petsos stated that at the time of the Planning and Zoning Board meeting, the Board was not sure of the Council's standing for a Referendum, of which he thought was four to one. He desired to re -clarify the Council's stance of a Referendum to the Board. Mr. Petsos stated that he was still in support of a Referendum and he desired to hear from the rest of Council. Ms. Roberts stated that she was not in favor of a Referendum; she was in favor of the CAPP. Mr. Mays expressed that he would prefer to remove the project than to delay it further by waiting for a Referendum in November. Mr. Boucher replied to Mayor Pro Tem Hoog's question on cost that a Referendum could be included in the General Election; however, they could request a Special Election. Discussion followed on a Referendum. Discussion also came up related to a district for that specific purpose. Mr. Tom Garboski stated that the project's traffic concurrency would create a hardship for the next developer and he expressed that a Special Exception was risky for the City given its current history with Special Exceptions. Mr. Dunn said that the Planning and Zoning Board discussed the prospect of a specific height limitation Referendum. Ms. Roberts stated that the survey, workshops, and a web site were more comprehensive from a citizen participation standpoint than a Referendum. These venues allowed for participatory dialogue which could not take place with a Referendum. Mr. Nicholas replied that those venues could be done in addition to a Referendum. Ms. Mays reviewed the Citizen Awareness Participation Plan approach format as follows: 1) a mailer would be sent to property and business owners within the City limits directly impacted by the project, 2) the mailer would include a rendition and brief description of the project and information regarding the upcoming public meeting, 3) the mailer would also include contact information to facilitate feedback from the recipient, and 4) the mailer would direct the recipient to a web site and also a public meeting for further information on the project. A web site would be constructed to allow public access to a more in-depth look at the project, as well as information presented at the Planning and Zoning Board meeting and City Council meeting, and renderings and aerial photographs. A media release would be sent to notify news sources, public information venues and resident Associations within the City limits regarding the project and upcoming meetings. The project team would be available to answer questions as needed or City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 9 of 14 as requested by the Planning and Zoning Board or the City Council. A public meeting would be held within the City limits at an accessible location, such as the Library or Council Meeting Room and attendees would be requested to register and give written feedback to the project. At the conclusion of the Plan, a summary would be produced for the Planning and Zoning Board and/or the City Council giving overall participation, feedback and findings during the Citizens Awareness Participation Plan process. This was the Plan's structure presented with the understanding that more specifics would be added such as height, traffic, accessibility to individuals, and shadow issues. Mr. Mays stated that a CAPP would reach 10,000 people at .43 cents per person which was less costly than $20 per person to reach only 3,000 through a Referendum. Mayor Randels committed his position based on an affirmative result of an unbiased survey and his decision would be to not see a Referendum. Mr. Nicholas queried why not use a CAPP but also seek a Referendum. Mr. Berger asked for clarification if their item would return to the Planning and Zoning Board with the understanding that the project would not go to Referendum but they would develop a feasible mechanism for development and Sheldon Cove would proceed with the CAPP. Ms. Mays stated that the survey language was inclusive of any questions and would be a joint venture for a variety of checks and balances. Attorney Garganese stated that the Council should have clear direction on the record as to Council's stance on proceeding to a Referendum. Attorney Garganese re -stated that formal direction on the record should be forthcoming related to the issue. Mr. Nicholas initiated a motion at this point to change the 45 -foot height limitation. Attorney Garganese stated that the basic fundamental issue was if the Council would amend the 45 -feet height limitation without a Referendum or present it to the voters by Referendum. Discussion followed on what would occur as a result of Mr. Nicholas' motion. Mr. Nicholas requested to retract his motion. Attorney Garganese explained that if part of the motion read to increase the 45 -feet height limitation by Referendum, then Council could still exercise its authority; however, this would convey a mixed signal to the developer and to the voters. Attorney Garganese reminded the Chair of a Motion to Extend the Meeting. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Extend the meeting until 11:00 P.M. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. Ms. Roberts summarized her understanding, referencing Mayor Randels position, in which affirmative feedback from the survey would demonstrate if there was a need to proceed with a Referendum. Attorney Garganese said that the firm could proceed with the CAPP at their expense and return to the Council with the City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 10 of 14 information. Mr. Mays expressed his hesitance with expending additional funds prior to a decision from the Council. Mayor Pro Tem Hoog stated his desire to hear from the City's citizens and not just the voters. Mr. Mays stated that if the City would provide a motion that would provide him clear direction as an investor to proceed or not proceed, he could accept that; however, what he desired was clear direction from the Council. Discussion followed on Council's level of control over the survey. Ms. Roberts expressed her favor with feedback from the survey and with a survey they would also hear from the voters. Ms. Hamilton asked if all the citizens would be included in the survey. Ms. Roberts replied that the survey would include registered voters. Mr. Berger asked if they could return with the web page and the flyers for the Council's next Agenda for input. Mr. Nicholas asked if the City would then be open to liability. Attorney Garganese stated that there was no commitment. The Council would agree to say if they would were willing for the firm to go into the community with the CAPP, then the Council would want unbiased results. Mr. Berger said that feedback would come from registered voters, business and property owners. Ms. Mays informed that DCWS, a Network Security and Marketing Firm in Cocoa, would prepare the survey and develop the web site. Ms. Mays replied to Mayor Pro Tem Hoog that E-mail verification would secure the person as a registered voter with an address in the City. Mr. Nicholas asked if they planned to use U.S. mail. Ms. Mays replied that they planned to use the web site and the public meeting, but not telephone, or U.S. Mail. If a person did not have access to a computer, then they could attend a public meeting. Opinions would be gathered through the web site or a public meeting as they were seeking a timely process. Ms. Mays clarified that the survey was not included in the mailer. Ms. Roberts stated her concern that the survey was a web survey and not a mailer. Ms. Mays replied that this would double the mailing cost. A brief discussion followed on mailing costs. In response to Mr. Berger's suggestion of applying for a zoning change, Attorney Garganese stated that the issue was not a matter of applying for a zoning change since no zoning district allowed for the 45 -feet height. It would require a text change in the City code as a text amendment to allow for a height greater than 45 -feet in some circumstances. Council could formulate a whole new policy which allowed a matter of applying for a zoning change in a certain zoning district. They would have to change the scheme and include an overlay zoning district. Mr. Mays suggested scheduling a time to address Council's individual concerns and with that information they could proceed. Attorney Garganese explained that one way to proceed would be create an Overlay Zoning District which would require a Text Change to the Zoning Code. Once in place, on a case-by-case basis, City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 11 of 14 Council would decide if they wanted to Overlay that on the zoning map on some property. Mayor Randels placed both concepts, a Text Change to the Zoning Code and an Overlay, in his motion. Mr. Boucher recommended for the Planning and Zoning Board to discuss amendments to the Zoning Code from the perspective of considering the aspects of increasing the height limitation in the community. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Change the 45 -Foot Height Limitation on the November Ballot. Mayor Randels asked if there were unanimous consent to withdraw the motion. The vote on the motion to Withdraw carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mayor Randels [ but not seconded] to Create an Overlay Text Change To Permit the Construction of the Sheldon Cove Project Based Upon the Majority of the Survey Responses Being in Favor of the Project. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Address CONSIDERATIONS in Reverse Order. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 6. Motion to Approve: Transit Shelter License Agreement with 20/20 Media Holdings, Inc. Mr. Ratliff reviewed the two options to fund bus shelters in the City: 1) a grant from Space Coast Area Transit; however, those bus shelters would not include advertising, 2) and from 20/20 Media which would have advertising on them. Mr. Ratliff responded that he spoke with Space Coast Area Transit [SCAT] and funding would be available by the end of the year. Mr. Ratliff informed that SCAT funds were available for eight bus shelters. Mr. Ratliff introduced Mr. Joel Davis, from 20/20 Media Holdings, Inc. Mr. Davis stated that the City could not limit the advertising to City business. Mr. Davis informed that no advertising was offered for sale to any agency that was not lawfully for sale to minors with exception of the Florida Lottery. However, the Lottery was acceptable based on educational purposes. Attorney Garganese reminded that when the City approves such things as bus shelters, it could not require them to express a certain viewpoint, and the City could not regulate a private individual's speech to promote, or restrain the promotion of, certain businesses or certain viewpoints that would be prohibited under the Constitution. Mayor Pro Tem City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 12 of 14 Hoog inquired about off -premise signs. Attorney Garganese stated that the advertisement on bus shelters generates some First Amendment issues and he would need to get back to the Council prior to them imposing further restrictions. Mr. Davis described the two, 24 -square foot signs on both sides. Mr. Davis informed that if SCAT provided the funding, then maintenance would be a concern. Mayor Pro Tem Hoog asked if the seating could be conformed in order to hinder reclining on them. Mr. Davis informed that there were arms that could be inserted into the seating. Ms. Roberts asked who maintains emptying the waste can. Mr. Davis replied that Brevard County had an every Tuesday maintenance schedule of emptying the trash, cleaning the glass and checking for insects. Ms. Roberts expressed that the non -advertisement bus shelters were more aesthetically pleasing. Mr. Petsos and Mayor Pro Tem Hoog stated that there were remaining questions on off -premise signage. Mr. Ratliff explained that if the City selected SCAT then the City would need to hire the contractor, perform construction management, and secure easements and SCAT would reimburse the City. However, 20/20 Media would perform these tasks. Mayor Randels concluded that the off -premise signage, limitation of verbiage, and maintenance costs to the City were concerns. Ms. Roberts asked if staff could get a cost estimate from the City of Cocoa Beach to maintain their bus shelters. Mr. Davis replied to Mr. Boucher that they could not install half panel signs. Mr. Petsos questioned if SCAT funding was based on Federal or State funding. Mayor Randels replied that some of their funding was provided through the Florida Department of Transportation. Mayor Pro Tem Hoog asked if the lease time could be shorter than 10 years. Mr. Davis replied that the company would invest $12,000 per shelter and 10 years helps to recoup that investment. Mr. Davis replied to Mr. Boucher that the bus shelters on Merritt Island were installed through the Redevelopment Agency. Staff would follow up with the Merritt Island Redevelopment Agency regarding their service satisfaction. Mr. Davis stated that locations were subject to Council's approval. Mr. Davis concluded that advertising rotated over a four-week rotation with no disruption to traffic. No Action was Taken on Item No. 6. 5. Motion to Approve a Replica Space Shuttle Purchase. Mayor Randels informed that Communication Concepts, Inc. made a presentation to place 100 shuttle replicas at area businesses. Mr. Petsos mentioned that the businesses would use their replicas for advertising purposes. Mr. Boucher stated that the City's shuttle would be painted to look like an actual space shuttle and not as an advertisement. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve a Replica Space Shuttle from Beautification Funds in an Amount of $5,600. The vote City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 13 of 14 on the motion carried 5-0 as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 4. Motion to Approve: Quarterly Budget Report and Transfers. Ms. Bowers informed that Revenues were reduced and she also informed that Ad Valorem taxes had decreased from the previous year. Ms. Bowers explained the payments were slow but forthcoming. Ms. Bowers stated that Cash Forward was available for the Financial Software, the Public Works Maintenance Building and the City Park. Ms. Bowers explained that the Sheriff's Office requested a new Capital Purchase at $8,900. Mr. Petsos requested that Law Enforcement include Capital Purchases in their budget. Ms. Roberts also asked for an off -set reduction through other items. Mr. Boucher reminded that Law Enforcement provided a cash -back of $120,000. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve the Quarterly Budget Report and Transfers. The vote on the motion carried 5-0 as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. The remaining items will be placed on the City Council Regular Meeting Agenda for March Orn CONSENT AGENDA: City Council Regular Meeting Minutes of February 5, 2008. 2. Proclamation in Honor of Irish -American Heritage Month. ORDINANCES: First Public Hearing: 3. Motion to Approve: Ordinance No. 01-2008; Establishing a Fund Balance/ Retained Earnings Reserve Policy. DISCUSSION: 7. Dumpster Condition Provisions. 8. Temporary Off -Premises Signs. 9. Central Canal Area. 10. Community Redevelopment Agency Presentation. City of Cape Canaveral, Florida City Council Regular Meeting Minutes February 19, 2008 Page 14 of 14 ADJOURNMENT: There being no further business, the Meeting adjourned at 11:35 P.M. Rocky Randels, MAYOR Susan Stills, CMC, City Clerk C Meeting Type: Regular Meeting Date: 03-04-08 AGENDA Heading Consent Item 3 No. Resolution No. 2008-06; Memo from Code Enforcement Board AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-06, APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-06, appointing Edward Ciecirski as a regular member of the Code Enforcement Board. Summary Explanation & Background: Term will expire 10-01-2011. Exhibits Attached: Resolution No. 2008-06; Memo from Code Enforcement Board City Mana W Office Department LEGISLATIVE RESOLUTION NO. 2008-06 A RESOLUTION APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER OF THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 2-256 created a Board known as the Code Enforcement Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City of Cape Canaveral City Council to appoint an Alternate Member as a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Edward Ciecirski is hereby appointed as a Regular Member of the Code Enforcement Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2011. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of March 2008. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas _ Buzz Petsos _ Rocky Randels _ Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\BOARDS\Appointments\2008\CEB—Alt to Reg_Ciecirski.doc City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary's Re: Recommendation to the City Council Regarding Perspective Code Enforcement Board Member. On February 21, 2008, The Code Enforcement Board recommended that City Council appoint Edward Ciecirski (I" alternate member) as a regular member to the Code Enforcement Board. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 03-04-08 AGENDA REPORT AGENDA Heading Consideration Item 4 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: FIRST RESPONDER AGREEMENT WITH THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY DEPT/DIVISION: PUBLIC SAFETY/FIRE Requested Action: City Council consider the approval of the First Responder Agreement with the Board of County Commissioners of Brevard County, as recommended by the fire chief. Summary Explanation & Background: The City will receive compensation pursuant to Section (6) of the agreement. I recommend approval. Exhibits Attached: 02-22-08 letter from Brevard County; Agreement City Manager's Office Department PUBLIC SAFETY/FIRE sat`\xim\myz6oQ�tiamnts\admin\council\meeting\2008\03-04-08\firstresponder.doc BrevardCounty Fire fescue Timothy J. Mills Fire Rescue Center 1040 S. Florida Avenue Rockledge, Florida 32955 February 22, 2008 Dear Mr. Boucher, Phone - (321) 633-2056 Fax - (321) 633-2057 Enclosed are two (2) First Responder agreements for signature. Please have both agreements signed by the appropriate person and returned to this office as soon as possible, so they may be submitted for the Board of County Commissioners approval. I am requesting that all agreements be returned to me by Tuesday, March 18th, in order to submit them for the April 1St Board meeting. Otherwise, the agreements will not go to the Board until May 6, 2008. Once approved, a copy will be sent to your office. If you have any questions, please feel free to contact me at 633-2056. Thank you. See. ��sw+�au.iA Sue Douzanis, Administrative Assistant Brevard County Fire Rescue AGREEMENT This Agreement entered into this day of , 2008 by and between the CITY OF CAPE CANAVERAL, hereinafter referred to as the "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as the "County". WHEREAS, the County has authorized a portion of the revenue received from the County's General Fund for the purpose of funding the emergency medical services be utilized to assist Primary First Responders with delivery of emergency medical care; and WHEREAS, the County and Municipal Fire Departments are improving Fire Rescue Service to the citizens in the areas of Brevard County through the implementation of Mutual and Automatic Aid Agreements; and WHEREAS, the First Responder funding provided to each agency will assist in the improvement and quality of Emergency Medical First Response Service; and WHEREAS, the First Responder Program provides an incentive for Primary First Responder Agencies to provide Advanced Basic Life Support and/or Advanced Life Support care to persons awaiting ambulance transport; and WHEREAS, it has been proven that early intervention by highly trained first responders greatly improves a patient's chance of survival. NOW, THEREFORE, in consideration of the sum of $76,257.82, the receipt and sufficiency of which is hereby acknowledged by the City and the County, the parties hereto do hereby enter into this Agreement under the terms and conditions set forth herein. SECTION 1. RECITALS: The above recitals are true and correct and by this reference are hereby incorporated into and made an integral part hereof. SECTION 2. DEFINITIONS: Primary First Responder - Paid Fire Fighters who have the primary responsibility of providing First Responder Services. Advanced Basic Life Support -The utilization of Certified Emergency Medical Technicians who are trained and equipped with Automatic External Defibrillators and Advanced Airway Devices and can perform all aspects of Basic Life Support care. Advanced Life Support - The utilization of Certified Paramedics who are trained and equipped to perform all aspects of Advanced Life Support care. Front Line Unit - A fully staffed engine or squad utilizing paid personnel assigned to immediately and primarily respond on a 24 hour basis to a specific jurisdictional area. SECTION 3. TERM: This Agreement shall be effective upon the signing of both parties for one (1) year. SECTION 4. SERVICES PROVIDED: The City Fire Department agrees to provide First Response Emergency Medical Services to all persons in need of medical assistance within their area of jurisdiction and in accordance with any Auto or Mutual Assistance Agreement the City may have with another jurisdiction. Service shall be provided utilizing qualified, certified and equipped Emergency Medical Technicians and/or Paramedics. SECTION 5. EMPLOYEE STATUS: Persons employed by a party for the performance of services and functions pursuant to this Agreement shall have no claim on the other party for pension, worker's compensation, unemployment compensation, civil service, or any other employee benefit, right or privilege granted by operation of law, or 2 otherwise, to the officers and employees of the other party to this Agreement. This Agreement does not create any third party beneficiary status for any employee, officer or agent of either party or the public. SECTION 6. COMPENSATION/PAYMENT: The County agrees to pay the Cape Canaveral Volunteer Fire Department the sum of $31,476.46 for each Advanced Life Support Front Line Units (2), $4,985.33 for Medical Direction Fees and $8,319.57 for consumable supplies. Payment for the first response units, Medical Direction and supplies for the fiscal year will be processed in February/March of 2008. The payment will be made to "Cape Canaveral Volunteer Fire Department" at the request of the City Manager. SECTION 7. POINTS OF CLARIFICATION: The First Responder Rate Schedule (attached hereto as Attachment "A") applies to the units which provide either Advanced Basic Life Support or Advanced Life Support First Response for the entire fiscal year commencing October 1, 2007. The County will provide first responder funding for units placed in service after October 1, 2007, on a pro -rated basis utilizing a daily pro -rating method. For the purposes of this Agreement, a first response unit must be an engine or squad which has permanently assigned personnel on each shift who provides first response services 24 hours per day, 7 days per week. A unit which utilizes or depends on or "shares" personnel assigned to other units (engines, specialty vehicles, etc.) are not recognized as first response units and will not be authorized to receive first responder funding. SECTION 8. TERMINATION OF AGREEMENT: This Agreement may be terminated by the City or the County for any reason upon providing thirty (30) days written notice to the other party. 3 The County has the sole authority to approve of an acceptable level of care which must be provided by the City. If the County determines that the service levels provided by the City have declined below the established acceptable level of care, the County may, at its option, provide the City with notice of the decline and an opportunity to cure, or immediately terminate this Agreement upon written notice. In the event of any termination by the County or City pursuant to this Section, the City agrees to return a pro -rated amount of First Responder funding to the County from the effective date of termination through September 30, 2008. SECTION 9. NOTIFICATION: Notifications should be sent to the following personnel and addresses: Fire Chief David Sargeant William L. Farmer, Fire Chief Cape Canaveral Volunteer Fire Department Brevard County Fire Rescue 8970 Columbia Rd. 1040 S. Florida Avenue Cape Canaveral, Florida 32920 Rockledge, Florida 32955 SECTION 10. ATTORNEY'S FEES AND COSTS: In the event of any litigation between the parties arises out of this Agreement, each party shall bear its own attorney's fees and costs. SECTION 11. SEVERABILITY: If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason held by a Court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder of this Agreement. SECTION 12. LIABILITY: Each party to this Agreement will be responsible for their own negligence and will maintain appropriate insurance as necessary to meet any incurred liability under Section 768.28, F.S. Nothing in this Agreement shall be construed to waive the limited liability conferred to both parties to this Agreement under Section 768.28, F.S. 4 SECTION 13. LIABILITIES AND RESPONSIBILITIES OF PARTIES (a) Neither party hereto, nor its respective officers, employees, or agents shall assume any liability for the acts, omissions, or negligence of the other party or the other party's officers, employees, or agents. (b) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, and all pensions and relief, disability, Workers' Compensation and other benefits which apply to activity of the officers, employees, or agents of a party when performing their respective functions on behalf of the respective party shall also apply to the same degree and extent to the performance of such functions and duties when accomplished pursuant to this Agreement. (c) Except as herein otherwise provided, all liability for injury to personnel and for loss or damage of equipment shall be assumed by the party employing such personnel and owning such equipment. (d) Patient pre -hospital emergency medical care for both agencies shall be in accordance with Brevard Regional Emergency Medical Services Standing Orders. SECTION 14. AUDITING, RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs, or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. 5 SECTION 15. ASSIGNABILITY: The City shall not assign any portion of this Agreement without the written permission of the County. SECTION 16. JURISDICTION, VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. SECTION 17. NOT A JOINT VENTURE OR AGENCY: Nothing contained in this Agreement is intended, or shall be construed, to create any joint venture between the parties or constitute either party as the agent or representative of the other party for any purpose whatsoever, nor shall this Agreement be deemed to make the City a "business associate" of County for the purposes of requiring the city to meet administrative requirements under the Health Insurance Portability and Accountability Act of 1996, or regulations promulgated there under. SECTION 18. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. SECTION 19. AUTHORIZATION/EFFECTIVE DATE: Effective date of this Agreement will be October 1, 2007. 10 IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above. ATTEST: By: Scott Ellis, Clerk ATTEST: Truman Scarborough, Chairman AS APPROVED BY THE BOARD ON Reviewed for legal form and conte6\AZ­-� CITY OF CAPE CANAVERAL 7 Bennett Boucher, City Manager City of Cape Canaveral ATTACHMENT "A" FIRST RESPONDER RATE SCHEDULE Paid, Full Time, Advanced Life Support Unit .............................................$31,476.46 Paid, Full Time, Advanced Basic Life Support Unit ......................................$18,257.87 Consumable Supplies: *Allowable Per Call................................................................. $ 5.19 Advanced Life Support Medical Direction: *Allowable Per Call................................................................. $ 3.11 Basic Life Support Medical Direction: *Allowable Per Call................................................................ $ 1.83 *Call Load Based on Previous Calendar Year (Close Out) Totals For the purpose of the "First Responder Agreement", "first response unit" must be an engine or squad which has permanently assigned personnel who are immediately available to provide first response services 24 hour per day, 7 days per week. A unit which utilizes or depends on (or "shares") personnel assigned to other units (engines, specialty vehicles, etc.) are not recognized as first response units and will not be authorized to receive first responder funding. C Meeting Type: Regular Meeting Date: 03-04-08 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Heading Ordinance -11 Reading Item 5 No. The city treasurer has provided an update of the General Fund Reserves consistent with the ordinance SUBJECT: ORDINANCE NO. 01-2008, ESTABLISHING A FUND BALANCE/RETAINED EARNINGS RESERVE POLICY DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider at first reading Ordinance No. 01-2008, establishing a fund balance/retained earnings reserve policy. Summary Explanation & Background: This was an audit comment from last year. The Government Finance Officers Association recommends a 15% reserve. I am recommending 20% General Fund Reserve of $1,651,833. The city treasurer has provided an update of the General Fund Reserves consistent with the ordinance language. The Sewer Fund 20% Reserve would be $807,505 and the Stormwater Fund 20% Reserve would be $162,148. Please advise. Exhibits Attached: Ordinance No. 01-2008; Reserve Breakdown; GFOA Reserve Fund Policy City Man a Office Department ADMINISTRATION/FINANCE ORDINANCE NO. 01-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 2, ARTICLE V., OF THE CODE OF ORDINANCES RELATED TO FINANCE TO ESTABLISH A FUND BALANCE/RETAINED EARNINGS RESERVE POLICY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council endorses sound financial policies and practices; and WHEREAS, the City Council has determined that a fund balance/retained earnings reserve policy tailored to the particular needs of the City is the most responsible way to insure against unanticipated events which would adversely affect the financial condition of the City and jeopardize the continuation of necessary public services; and WHEREAS, it is essential that the City Council maintain adequate fund balances/retained earnings and reserves in its various operating funds to provide the capacity to: (1) provide sufficient cash flow for daily financial needs; (2) secure and maintain investment grade bond ratings; (3) offset significant economic downturns or revenue shortfalls, and (4) provide funds for unforeseen expenditures related to emergencies; and WHEREAS, the City Council desires to adopt a fund balance/retained earnings reserve policy as set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral Ordinance No. _-2008 Page 1 of 4 City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE DIVISION 1. GENERALLY X Sec. 2-208. Creation of Fund Balance/Retained Earnings Reserves There is hereby created, in each of the various governmental fund type (general fund s ep cial revenue funds, debt service funds and capital projects funds) and 12roPrietary fund type (enterprise funds) of the City, a reservation of fund balance or retained earnings equal to the following: Lal General Fund. In the general fund there shall be created a reservation of fund balance equal to 20% of the current fiscal year budget for the fund For the purposes of this calculation, the current fiscal year budget shall be the budget as ori inally adopted by ordinance in September. This reserve shall be in addition to all other reserves or designations of fund balance including but not limited to reservations for uncollected receivables and reservations of funds which have expenditure authority limited to specific purposes. In any fiscal year when the City is unable to create the reservation of fund balance required by this section, the City shall not budget any amount of appropriated fund balance for the purpose of balancing the budget Special Revenue Funds. By definition special revenue funds are created to account for the proceeds of specific revenue sources (other than expendable trusts or for major capital projects) that are legally restricted to expenditure for specified purposes As such no specific reservation of fund balance is created by virtue of enactment ofthis ordinance,• rather the amount of any reservation of fund balance shall be governed by the legal authority underlying the creation of the individual fund Lcl Debt Service Fund. Debt service funds are typically subjected to the creation of very specific reserve amounts as a part of the ordinance or resolution which authorizes the issuance of the bonds which are being repaid Therefore this policy does not create any specific reservation of fund balance within the debt service fund rather-, reserve requirements for any outstanding City bond issues will be as derived from the ordinance or resolution City of Cape Canaveral Ordinance No. _-2008 Page 2 of 4 authorizing the issuance of the bonds kL Capital Proiects Fund. The capital projects fund was created to account for resources desianated to construct or acquire general fixed assets and major improvements Occasionally, these projects may extend beyond a single fiscal year. Therefore although no specific reserve requirement is established for the capital projects fund at a minimum the fiscal year end unreserved undesignated fund balance coupled with estimated revenues for the ensuing fiscal year, must be sufficient to fund all outstanding fund obligations. Lei Enterprise Funds. The City has created a total of two (2) enterprise funds to account for wastewater treatment and stormwater treatment services In each of the enterprise funds now or hereafter created by the Council there shall be created a reservation of retained earnings equal to 20% of the current fiscal year budget for that fund For the purposes of this calculation, the current fiscal year budget shall be the total budget as originally adopted by ordinance in September. This budget shall be prepared on the modified accrual basis of accounting and therefore includes such items as capital outlay and o erating transfers out This reserve shall be in addition to all other reservations of retained earnings including but not limited to amounts reserved for debt service and/or amounts reserved for renewal and replacement of long lived assets Section 2-209. Utilization of Surplus Reserves. In the event that the unreserved undesignated fund balance or unreserved retained earninms balance exceeds the amounts set forth above the excess may be utilized for any lawful purpose Nevertheless, it is recommended that first priority be given to utilizing the excess within the fund in which it was generated. In order to minimize the long term effect of such use it is also recommended that any such excess be used to fund one time expenditures or expenses which do not result in recurring operating costs or other one time costs including the establishment of or increase in legitimate reservations or designations of fund balance or reservations of retained earnings Section 2-210. Replenishment of Reserve Deficits If, at the end of any fiscal year, the actual amount of unreserved undesignated fund balance or unreserved retained earnings falls below the required levels set forth herein the City Manager shall prepare and submit a plan for expenditure or expense reductions and/or revenue increases to the Citv Council. As a part of the annual budget review, the City Council shall review and amend the plan submitted by the City Manager for restoring the amount of unreserved undesignated fund balance, or unreserved retained earnings to the required levels Any deficit in the required amount must be restored no later than the end of the second fiscal year following its occurrence. Section 2-211. Annual Review. Compliance with the provisions of this ordinance shall be reviewed as a part of the annual budget adoption process. City of Cape Canaveral Ordinance No. _-2008 Page 3 of 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2008. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-2008 Page 4 of 4 � M ~ M O co O � O O CO (D � 69 U N U) N N O : �O -0 N 0 O O j 'O O 0 0 (0 -O C O C Co (� Q E C a C C U ~ N N"* M m (n m � N C V- a) c0 p O y C 0 N 0 - cn ca N Q Qi N O C ca C (n Q! Q m C O m N C O + -0= _ C (0 .. m (n L C) (� > N(D O a (n Ri O N U� +. c c0 4 V NO �� m N E •� a) (0 (� O- N U ("'6 N N E m . W U `CD cn 0 O O (Q CD W w (n O -a) N a) O C: O cu N O C Q. N N O O> f0 - "O -6, a)~ O .. 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Accountants employ the term fund balance to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). Budget professionals commonly use this same term to describe the net assets of governmental funds calculated on a government's budgetary basis.1 In both cases, fund balance is intended to serve as a measure of the financial resources available in a governmental fund. Accountants distinguish reserved fund balance from unreserved fund balance. Typically, only the latter is available for spending. Accountants also sometimes report a designated portion of unreserved fund balance to indicate that the governing body or management have tentative plans concerning the use of all or a portion of unreserved fund balance. It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) and to ensure stable tax rates. Fund balance levels are a crucial consideration, too, in long-term financial planning. In most cases, discussions of fund balance will properly focus on a government's general fund. Nonetheless, financial resources available in other funds should also be considered in assessing the adequacy of unreserved fund balance in the general fund. Credit rating agencies carefully monitor levels of fund balance and unreserved fund balance in a government's general fund to evaluate a government's continued creditworthiness. Likewise, laws and regulations often govern appropriate levels of fund balance and unreserved fund balance for state and local governments. Those interested primarily in a government's creditworthiness or economic condition (e.g., rating agencies) are likely to favor increased levels of fund balance. Opposing pressures often come from unions, taxpayers and citizens' groups, which may view high levels of fund balance as "excessive." Recommendation. GFOA recommends that governments establish a formal policy on the level of unreserved fund balance that should be maintained in the general fund.2 GFOA also encourages the adoption of similar policies for other types of governmental funds. Such a guideline should be set by the appropriate policy body and should provide both a temporal framework and specific plans for increasing or decreasing the level of unreserved fund balance, if it is inconsistent with that policy. 3 The adequacy of unreserved fund balance in the general fund should be assessed based upon a government's own specific circumstances. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unreserved fund balance in their general fund of no less than five to 15 percent of regular general fund operating revenues, or of no less than one to two months of regular general fund operating expenditures.4 A government's particular situation may require levels of unreserved fund balance in the general fund significantly in excess of these recommended minimum levels.' Furthermore, such measures should be applied within the context of 1 For the sake of clarity, this recommended practice uses the terms GAAP fund balance and budgetary fund balance to distinguish these two different uses of the same term. ' Sometimes reserved fund balance includes resources available to finance items that typically would require the use of unreserved fund balance (e.g., a contingency reserve). In that case, such amounts should be included as part of unreserved fund balance for purposes of analysis. 3 See Recommended Practice 4.1 of the National Advisory Council on State and Local Budgeting governments on the need to "maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one-time expenditures" (Recommended Practice 4.1). 4The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government's particular circumstances. In either case, unusual items that would distort trends (e.g., one-time revenues and expenditures) should be excluded, whereas recurring transfers should be included. Once the decision has been made to compare unreserved fund balance to either revenues or expenditures, that decision should be followed consistently from period to period. ' In practice, levels of fund balance, (expressed as a percentage of revenues/expenditures or as a multiple of monthly expenditures), typically are less for larger governments than for smaller governments because of the magnitude of the amounts involved and because the diversification of their revenues and expenditures often results in lower degrees of volatility. long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unreserved fund balance in the general fund at any one time. In establishing a policy governing the level of unreserved fund balance in the general fund, a government should consider a variety of factors, including: • The predictability of it revenues and the volatility of its expenditures (i.e., higher levels of unreserved fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile). • The availability of resources in other funds as well as the potential drain upon general fund resources from other funds (i.e., the availability of resources in other funds may reduce the amount of unreserved fund balance needed in the general fund, just as deficits in other funds may require that a higher level of unreserved fund balance be maintained in the general fund). • Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained). • Designations (i.e., governments may wish to maintain higher levels of unreserved fund balance to compensate for any portion of unreserved fund balance already designated for a specific purpose). Naturally, any policy addressing desirable levels of unreserved fund balance in the general fund should be in conformity with all applicable legal and regulatory constraints. In this case in particular, it is essential that differences between GAAP fund balance and budgetary fund balance be fully appreciated by all interested parties. Approved by the Committee on Accounting, Auditing and Financial Reporting and the Committee on Governmental Budgeting and Management, January 30, 2002 Approved by the Executive Board, February 15, 2002. Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Monday, January 07, 2008 3:11 PM To: 'bowers-cape@cfl.rr.com'; 'Anthony Garganese'; 'Kate Latorre' Cc: 'stills-cape@cfl. rr.com' Subject: Fund balance ordinance Attachments: Fund Balance Cape Canay.doc Hello Everyone, One of our outstanding audit comments was to enact a fund balance ordinance. After extensive research, attached is a draft ordinance for your review. I plan on going to first reading with this on February 2nd. Andrea, I need to know what the dollar amounts come out too as stated in the draft ordinance. Iti- Fund Balance Cape Canay.doc (6... Thanks, Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 HYPERLINK www.myflorida.com/cape www.mvflorida.com/cape No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.17.13/1213 - Release Date: 1/7/2008 9:14 AM 611 Meeting Type: Regular Meeting Date: 03-04-08 AGENDA REPORT AGENDA Heading Resolutions Item 6 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-05, URGING BRIGHTHOUSE NETWORKS TO MOVE THE GOVERNMENT CHANNELS TO PROVIDE FREE ACCESS TO THE PUBLIC DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-05, urging Brighthouse Networks to move the government channels to provide free access to the public. Summary Explanation & Background: See attached resolution. I recommend approval. Exhibits Attached: Resolution No. 2008-05 City Mana a •'s Office Department LEGISLATIVE — m\mv Oct t5 Arim i n\rnnnn;l\moo+; �nno no_nn o 111. % uuo-VJ.UVC RESOLUTION NO. 2008-05 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA, URGING: BRIGHT HOUSE NETWORKS CABLE COMPANY TO: MOVE BACK THE GOVERNMENT CHANNELS FROM 199 TO 99, 198 TO 9 AND MAKE ACCESS TO THOSE CHANNELS FREE OF CHARGE TO CAPE CANAVERAL AND BREVARD COUNTY RESIDENTS; PROVIDING FOR AN EFFECTIVE DATE. WHERAS, the City of Cape Canaveral and its residents have had long standing franchise relations with Bright House Networks cable company; and WHEREAS, the government channels are a significant means for residents, particularly those who are physically unable to attend government meetings, to access critical local government information; and WHEREAS, on January 19, 2008, Bright House Cable Company, moved the Brevard County Government Access Channel from analog 99 to digital cable 199 and the Brevard County Public Schools Channel from analog 9 to digital 198; and WHEREAS, cable customers, who subscribe to Bright House services, who wish to continue to view the government channels, and do not have a television set with a digital tuner, are now required to rent a box for $1 per month from Bright House Networks Customer Care Centers; and WHEREAS, the relocation of local government access televisions to digital channels could make it more difficult and more expensive for residents to watch their elected officials in action; and WHEREAS, on January 22, 2008, the Brevard County Commission expressed their concern for moving the Government Channels to higher -numbered channels; and WHEREAS, Cities and Counties in Florida, including the City of Tampa, St. Petersburg, and Hillsborough County have expressed disagreement and have challenged the channel changes; and WHEREAS, Cape Canaveral residents have expressed frustration and confusion with the change in government channels. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL: SECTION 1. That the City of Cape Canaveral urges Bright House Networks to: Continue to support local government access by ensuring government cable channels City of Cape Canaveral, Florida Resolution No. 2008-05 Page 2 of 2 are conveniently located and free of charge; Restore the location of the government channels from 199 to 99 and from 198 to channel 9. SECTION 2. The City of Cape Canaveral encourages Brevard County and Brevard County municipalities to adopt similar resolutions. SECTION 3: This Resolution shall become effective immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day of March, 2008. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts For Against Meeting Type: Regular Meeting Date: 03-04-08 AGENDA Heading Discussion item 7 No. zoning districts along SR AlA at their 02-27-08 meeting. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: BUILDING HEIGHTS IN COMMERCIAL DISTRICTS ALONG SR AlA DEPT/DIVISION: COMMUNITY DEVELOPMENT/P&Z Requested Action: City Council review and comment on the Planning & Zoning Board's recommendation to increase the building height to 65 feet within the C-1 and C-2 commercial districts along SR AlA and to provide staff direction on this issue. Summary Explanation & Background: The Planning & Zoning Board recommended an increase in building height to 65 feet within the C-1 and C-2 zoning districts along SR AlA at their 02-27-08 meeting. See attached recommendation memo and proposed code amendment language. Please advise. Exhibits Attached: Recommendation memo; code amendment language City Manager' Office Department COMMUNITY DEVELOPMENT/P&Z pe-nt\kim\my oc nts admin council\meeting\2008\03-04-08\height.doc Memorandum To: Bennett Boucher, City Manager From: Todd Peetz, City Planner Date: February 28, 2008 Re: P&Z Height Recommendations The P8sZ voted to "allow a height of 65 feet in (all) C-1 and C-2 commercial zoning districts." Below is what was presented and discussed at the meeting that I would concur with: DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures, 5,000 square feet, and, in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. (2) Minimum lot width shall be as follows: a. Service stations, hotels and motels, 100 feet. b. All other principal uses and structures, 50 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 50 percent. (5) Minimum living or floor area shall be as follows: a. Hotels and motels, 300 square feet per rental unit. b. Hotel and motel units containing provisions for cooking or light housekeeping, not less than 400 square feet. c. All other principal uses and structures, 300 square feet. (6) The maximum height of all buildings constructed within the C-1 district shall be 45 feet. (7) Properties directly abutting the AlA corridor may increase their building height with separation from existing residential use: a. to 50 feet of height at 200 feet or greater from existing residential use. b. to 55 feet of height at 300 feet or greater from existing residential use. c. to 60 feet of height at 400 feet or greater from existing residential use. d. to 65 feet of height at 500 feet or greater from existing residential use. e. the number of stories shall not be more than five (5). d. minimum of five (5) acres. DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-385. Area and dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. 6. Maximum height shall be 45 feet. 7. Properties directly abutting the AIA corridor may increase their building height with separation from existing residential use: a. to 50 feet of height at 200 feet or greater from existing residential use. b. to 55 feet of height at 300 feet or greater from existing residential use. c. to 60 feet of height at 400 feet or greater from existing residential use. d. to 65 feet of height at 500 feet or greater from existing residential use. e. the number of stories shall not be more than five (5). d. minimum of five (5) acres. There was some frustration that they were not expected to vote on whether greater heights was appropriate and or if they should recommend to the council that a referendum should be done. Thus a relatively rash vote occurred without limiting location or number of stories within the C-1 and C-2 zoning districts. I am available to discuss further any of the proposed legislative initiatives. Please do not hesitate to contact me at 407-629-8880. Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Thursday, February 21, 2008 2:57 PM To: 'Anthony Garganese'; 'Kate Latorre'; Bob Hoog; Buzz Petsos; C. Shannon Roberts; Rocky Randels (rocky-cape@cfl.rr.com) Cc: 'Moody, Norman' Subject: Building height issue Attachments: y08-0227 Height.doc; y08-0213height.DOC Hello Everyone, The attached files contain the City Planner's recommendation on how to deal with the building height issue for properties that abut SR A1A, and that are in he C-1, and C-2 zoning district. This will be on the P & Z board agenda for next Wednesday. W a W y08-0227 y08-0213height.DO Height.doc (35 KB) C (53 KB) Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 HYPERLINK www.myflorida.com/cape www.myflorida.com/cape No virus found in this outgoing message. Checked by AVG Free Edition. Version: 7.5.516 / Virus Database: 269.20.9/1291 - Release Date: 2/21/2008 11:05 AM Meeting Type: Planning & Zoning Board Meeting Meeting Date: 2/27/08 AGENDA Head Discussion ing also recently heard from a property owner requesting the Planning and Zoning Board to consider height to be Item commercial district should be allowed? If so, then two where, when and how should that height be No. From the Planning and Zoning Board Meeting 1/23/08, staff was asked to prepare a couple documents AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion: Building Heights in Commercial Districts. DEPT./DIVISION: Building Department Requested Action: Discussion to provide staff direction pertaining to building height in commercial districts. Summary Explanation & Background: The Planning and Zoning Board has discussed mixed use development having greater height than 45 feet and also recently heard from a property owner requesting the Planning and Zoning Board to consider height to be greater than 45 feet. The discussion will be in two parts, one whether height greater than 45 feet in a commercial district should be allowed? If so, then two where, when and how should that height be determined? From the Planning and Zoning Board Meeting 1/23/08, staff was asked to prepare a couple documents regarding existing separation from residential, shadow casting and potential trip generation. Staff attached the shadow casting exhibits and separation from residential in 100 foot contours for the northern part of the City. In addition, the traffic analysis for a general office building (710 of the ITE Manual) has a peak hour trip generation rate of .48 peak hour trips in the AM and .46 peak hour trips in the PM per employees. Thus hypothetically 1,000 employees could generate 480 AM peak hour trips and 460 PM peak hour trips. The purpose of this discussion item is to continue to discuss how heights if greater than 45 feet would be appropriate within the City? And with what criteria should height be allowed to be great than 45 feet? Staff provided an example exhibit for discussion purposes. Exhibits Attached: Shadow Exhibit and staff option City Planner's Office Department: Building Department DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures, 5,000 square feet, and, in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. (2) Minimum lot width shall be as follows: a. Service stations, hotels and motels, 100 feet. b. All other principal uses and structures, 50 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 50 percent. (5) Minimum living or floor area shall be as follows: a. Hotels and motels, 300 square feet per rental unit. b. Hotel and motel units containing provisions for cooking or light housekeeping, not less than 400 square feet. c. All other principal uses and structures, 300 square feet. (6) The maximum height of all buildings constructed within the C-1 district shall be 45 feet. (7) Properties directly abutting the AIA corridor may increase their building height with separation from existing residential use: a. to 50 feet of height at 200 feet or Greater from existing residential use. b. to 55 feet of height at 300 feet or greater from existing residential use. c. to 60 feet of heip-ht at 400 feet or greater from existing residential use. d. to 65 feet of height at 500 feet or greater from existing residential use. DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-385. Area and dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. 6. Maximum height shall be 45 feet. 7. Properties directly abutting the AIA corridor may increase their building height with separation from existing residential use: a. to 50 feet of height at 200 feet or greater from existing residential use. b. to 55 feet of height at 300 feet or greater from existing residential use. c. to 60 feet of height at 400 feet or greater from existing residential use. d. to 65 feet of height at 500 feet or greater from existing residential use. CITY OF CAPE CANAVERAL City of Cape Canaveral February 28, 2008 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Suggestions on How to Implement Increasing Building Height After a lengthy discussion and numerous motions at the Planning & Zoning Board meeting held on February 27, 2008, by a (3) to (2) majority vote, the Board recommended to the City Council that the building height in C-1 and C-2 zoning districts, be increased to 65 ft., limited to five stories, by changing the City code. I have attached previous meeting minutes, reports, and data that were provided to the Board regarding this issue. Please schedule this recommendation on an upcoming City Council meeting agenda. 105 Polk Avenue • Post 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.com Zoning Board Meeting Meeting Date: 2/27/08 AGENDA Head Discussion ing also recently heard from a property owner requesting the Planning and Zoning Board to consider height to be Item commercial district should be allowed? If so, then two where, when and how should that height be No. From the Planning and Zoning Board Meeting 1/23/08, staff was asked to prepare a couple documents AGENDA REPORT PLANNING AND ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Discussion: Building Heights in Commercial Districts. DEPT./DIVISION: Building Department Requested Action: Discussion to provide staff direction pertaining to building height in commercial districts. Sununary Explanation & Background: The Planning and Zoning Board has discussed mixed use development having greater height than 45 feet and also recently heard from a property owner requesting the Planning and Zoning Board to consider height to be greater than 45 feet. The discussion will be in two parts, one whether height greater than 45 feet in a commercial district should be allowed? If so, then two where, when and how should that height be determined? From the Planning and Zoning Board Meeting 1/23/08, staff was asked to prepare a couple documents regarding existing separation from residential, shadow casting and potential trip generation. Staff attached the shadow casting exhibits and separation from residential in 100 foot contours for the northern part of the City. In addition, the traffic analysis for a general office building (710 of the ITE Manual) has a peak hour trip generation rate of .48 peak hour trips in the AM and .46 peak hour trips in the PM per employees. Thus hypothetically 1,000 employees could generate 480 AM peak hour trips and 460 PM peak hour trips. The purpose of this discussion item is to continue to discuss how heights if greater than 45 feet would be appropriate within the City? And with what criteria should height be allowed to be great than 45 feet? Staff provided an example exhibit for discussion purposes. Exhibits Attached: Shadow Exhibit and staff option City Planner's Of iceai'iiucii� i)C N `:- Building Department � DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT* Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures, 5,000 square feet, and, in addition, the ratio of gross floor area to lot area shall not exceed 1.5:1.0. (2) Minimum lot width shall be as follows: a. Service stations, hotels and motels, 100 feet. b. All other principal uses and structures, 50 feet. (3) Minimum lot depth shall be 100 feet. (4) Maximum lot coverage shall be 50 percent. (5) Minimum living or floor area shall be as follows: a. Hotels and motels, 300 square feet per rental unit. b. Hotel and motel units containing provisions for cooking or light housekeeping, not less than 400 square feet. c. All other principal uses and structures, 300 square feet. (6) The maximum height of all buildings constructed within the C-1 district shall be 45 feet. Q Properties directly abutting the AIA corridor may increase their building height with separation from existing residential use: a. to 50 feet of height at 200 feet or greater from existing residential use b. to 55 feet of height at 300 feet or greater from existing residential use c. to 60 feet of height at 400 feet or greater from existing residential use d. to 65 feet of height at 500 feet or greater from existing residential use DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-385. Area and dimensions. In the C-2 commercial/manufacturing district, the following areas and dimensions shall be required: 1. Minimum lot area shall be as follows: a. Service stations, 12,000 square feet. b. All other principal uses and structures shall be 10,000 square feet. 2. Minimum lot width shall be as follows: a. Service stations, 100 feet. b. All other principal uses and structures shall be 75 feet. 3. Minimum lot depth shall be 100 feet. 4. Maximum lot coverage shall be 50 percent. 5. Minimum floor area shall be 300 square feet. 6. Maximum height shall be 45 feet. 7. Properties directly abutting the AIA corridor may increase their building height with separation from existing residential use: a. to 50 feet of height at 200 feet or greater from existing residential use b. to 55 feet of height at 300 feet or greater from existing residential use c. to 60 feet of height at 400 feet or greater from existing residential use d. to 65 feet of height at 500 feet or greater from existing residential use J � J J coW Z O Z V C)w LLJ ua •ct o CLW V = x J �— Co O ~ � z U Cf) a En co z w� xCL c� Lo z O _J m 41 F - x CD LLJ z m Ln z UJ x a, 0 Lo Z 0 _J D m 47 !O t -- S W T 0 rn z _J m co co 1-- (7 LU _J C13 MMM W J; Planning & Zoning Board Meeting Minutes February 13, 2008 Page 3 Motion by Lamar Russell, seconded by Harry Pearson, to not have a Citizen Awareness and Participation Plan. Motion carried by majority, with Mr. Fredrickson voting against the motion. 3. Discussion Re: Consideration to Increase Buildinq Height in the Commercial Zoning Districts. Chairperson McNeely announced that the discussion would be limited to 30 minutes, because of the lengthy agenda. Mr. Pearson read a statement into the record. (Statement is marked Exhibit A and attached hereto the Minutes). He commented that once the City breaks the 45 ft. high ceiling, the sky is the limit. The only controlling factors would be traffic and such restrictions as setbacks, signs, and visibility. If the City approves Sheldon Cove by giving them the extra height, the City would be hard pressed to turn others down, and this may be only the first of many such buildings in the City. Mr. Russell spoke regarding compatibility. He, read the five options discussed at the previous meeting and announced another option, which was to establish criteria for a 65 ft. height by Special Exception, only in the C-1 Zoning District, and only along the A1A corridor. He advised that City Council asked the Board to look at the issue and the Board needed to do the best they could, whether the members were in favor or not. Mr. Dunn recommended that the City Council bring the issue to the voters by referendum at the next election. He commented that the City should not consider anything that would take all the available traffic count. Mr. Johanson, suggested that the Board should go back to City Council ask where they wanted the height increase considered. Ms. McNeely illustrated a 45 ft. building, and a 65 ft. building. She advised that the increase to 65 ft. was actually a 44% increase of 45 ft. Mr. Berger, Sheldon Cove's contractor, advised that only one section of Mr. May's building would be 65 ft., most of the design was 45 ft. Their plan was to build this project in the C- 1 zoning district, not close to residential. Mr. Fredrickson commented that the City Council should decide whether it should go to referendum or not. Mr. Pearson announced that he was prepared to recommend that they don't change the height at all. Mr. Dunn questioned what impact this proposed project would have on the existing traffic count. Mr. Peetz responded that it would have a large impact. Mr. Dunn commented that this proposed project would kill mixed-use for any other future projects. Mrs. Dawn May commented that some of the jobs would only be part-time; 1,200 employees was a large number and only an estimate; a traffic study would be provided during the site plan review process. Mr. Fredrickson commented that the Board should come up with a recommendation to allow 65 ft. Planning & Zoning Board Meeting Minutes February 13, 2008 Page 4 Mr. Russell suggested that the agenda item be tabled. He noted that the Board should assist the City Council by crafting the wording of a referendum. Mr. Friedman did not agree to bring the issue to the voters as a referendum. He commented that the City Council was voted in by the residents to handle tough decisions. He advised that the only delay on Central and A1A was the traffic light. He noted that traffic capacity was subjective and not an exact number. Mr. Peetz commented that 110% design capacity would require a moratorium. He explained that different road designs could move the traffic along. Mr. May advised that the Mayor asked the Board to look at this issue. The Mayor has had many requests, but turned them away because of the height restriction. His project did not need 65 ft. He could build a nice big 45 ft. building if he simply threw out the retail, and advised that more retail is what the residents want. He advised that a referendum would kill any future projects. Mr. Pearson suggested to Mr. May that he go ahead and do the CAPP and bring the results back to the Board. Discussion continued. Motion by Ms. McNeely, seconded by Mr. Pearson, not to increase the building height in Cape Canaveral. Vote on the motion was as follows: Mr. Dunn, against; Mr. Fredrickson, against; Ms. McNeely, for; Mr. Pearson, for; Mr. Russell, against. Motion failed by a 3 to 2 vote against the motion. Discussion followed. Motion by Mr. Russell, seconded by Mr. Fredrickson, to allow a 65 ft. height by Special Exception, along the AIA corridor, in the C-1 Zoning District, and the Board would create the criteria at a later date. Discussion followed. Vote on the motion was as followed: Mr. Dunn, against; Mr. Fredrickson, for; Ms. McNeely, against; Mr. Pearson, against; Mr. Russell, for. Motion failed by a 3 to 2 vote against the motion. I' Motion by Ms. McNeely, seconded by Mr. Russell, to postpone this agenda item juntil the next meeting. Vote on the motion carried unanimously. 4. Discussion Re: Mixed Use Distnc stst �- Ms. McNeely reviewed her notes on the Board's previous discussions regarding the mixed use concept. Mr. Russell questioned where the City would want mixed use located. Motion by Mr. Russell, seconded by Mr. Pearson to postpone this agenda item, until the next meeting, due to the time, and the structure of the remaining agenda items. Vote on the motion carried unanimously. Planning & Zoning Board Meeting Minutes January 23, 2008 Page 3 Motion by Donald Dunn, seconded by Bea McNeely, to recommend approval of the Burger King Site Plan, with the condition that the lot be acknowledged by a lot -split Resolution that recognizes that the Burger King lot would not be subdivided for future development, without prior City approval. Discussion followed. Bea McNeely amended the motion to include a requirement that the lot -split Resolution contains all shared easements. Donald Dunn seconded the amendment. Vote on the amendment to the motion carried unanimously. Vote on the main motion carried unanimously. Lamar Russell requested that the order of Agenda Items #6 and #4 be switched. The Board members agreed. 4. Discussion Re: Building Height in Commercial Districts - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that the Board had discussed mixed-use development having greater height than 45 ft. and they had also heard from a property owner requesting that the Board consider height to be greater than 45 ft. He explained that tonight's discussion would be in two parts. First, whether height greater than 45 ft. in the commercial district should be allowed; and second, where, when, and how should the height be determined. Bea McNeely, Chairperson, stated that she wants the City to stick to 45 ft, which they had defended for several years, because that is what the citizens wanted and voted for by referendum back in the 70's. She wanted to also protect the sun and breeze. She explained that taller buildings block both the sun and breeze. She stated that she was going to stick with the 45 ft. height limit. Lamar Russell, Vice Chairperson, suggested that the Board continue to explore the idea. He noted at the last City Council meeting the Council had requested the P & Z Board to explore the idea. He advised that the Board would not be considering raising height along the beach or in residential neighborhoods, but would consider exploring a height increase on defined lots along A1A. He noted that they have received a proposal for consideration. Lamar Russell pointed -out the following options to increase the height limitation for consideration: OPTION #1 Zoning amendment by application. OPTION #2 P & Z recommend zoning change to the City Council. OPTION #3 P & Z recommend 65 feet from defined areas on Al A. j OPTION #4 Recommend incorporating 65 feet into M.U.D., with the City Council approving specific sites. OPTION #5 Utilize the RPUD code as a model and negotiate setbacks, green area, etc. on a case be case basis. Planning & Zoning Board Meeting Minutes January 23, 2008 Page 4 Mr. Russell noted that William "Bill" Mays property would be a fore runner for future developments. Todd Peetz suggested that the Board consider separation from residential to allow the increase height. Ron Friedman commented that he liked Lamar Russell's idea on negotiation on a case by case basis, but only considered a height increase in the C-1 zoning district, however, not increase height on a parcel that is located adjacent to a residential use. He commented that citizens want and need services provided within the City. He advised that the higher you go the cheaper it is to build per square foot. Lamar Russell advised that criteria would need to be created and to protect the 45 ft. height; the City Council would need to negotiate on a case by case basis. Donald Dunn suggested sending the idea to the public for a vote. He advised that the City should not be developer driven. He commented that he did not believe 65 ft. was high enough, and perhaps they should consider allowing up to 100 ft. He advised that he could not conceive how a height increase would be manageable with all the traffic in that area. He believed that the C-1 zoning district on A1A was the worst possible place to put it. John Fredrickson agreed that each developer should come in and plead their case. He believed that Mr. Berger's project had merit to increase the height. He agreed only to consider the height increase along A1A. John Johanson voiced his opinion that the increased height should only be considered on north of Central Blvd. along A1A, and each proposed development should be considered on its own merits. Harry Pearson advised that he could not fathom hearing each request case by case; the City wants new services; and he did not agree that a building constructed to a height of 45 ft. to look like a square box. He commented that higher buildings bring higher income. He announced that he has thought about the subject for six weeks, and even surveyed many small groups of citizens and 100% wanted to retain the 45 ft. height. Discussion followed. Bennett Boucher, City Manager, advised that last year a potential developer inquired about constructing a 75 feet high office building that included a parking garage on the North part of the City. He advised that they were turned away because the City has a 45 ft. height restriction. Arthur Berger, representative for Sheldon Cove, commented that the Al A corridor was the only place this could be done; that this corridor has vacant land and old buildings; architecture and traffic was regulated by F.D.O.T., the City needed additional height in the commercial district to attract future developments. Joyce Hamilton, citizen, advised that the citizens want this project and welcome Sheldon Cove. Discussion followed. In conclusion, the Board requested that the City Planner bring back information, at the next meeting regarding: Distance separation from commercial and residential, effects of shadowing, and traffic counts along A1A at peak hours. Meeting Type: Regular Meeting Date: 03-04-08 AGENDA Heading Discussion Item g No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CITIZEN AWARENESS AND PARTICIPATION PLAN DEPT/DIVISION: COMMUNITY DEVELOPMENT Requested Action: City Council to determine whether or not to proceed with the development of a Citizen Awareness and Participation Plan. Summary Explanation & Background: On 02-13-08, the Planning & Zoning Board voted 4 to 1 that the City Council not develop a Citizen Awareness and Participation Plan. See attached 02-25-08 memo; P&Z Minutes from 11-28-07, 12-12-07, 01-23-08 and 02-13-08. Also included is the City Planner's memo of 11-20-07, the City of Longwood Code and Handbook and City of Winter Springs Handbook. Please provide staff direction on this issue. Exhibits Attached: Items noted above City Manage •' ffice Department COMMUNITY DEVELOPMENT -nt\ki currents\admin\council\meeeting\2008\03-04-08\CAPP.doc 'A From City of Cape Canaveral February 25, 2008 Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Consideration of a Citizen Awareness and Participation Plan (CAPP) ------------------------------------------------------------------------------------------------------------ After numerous discussions, by the Planning & Zoning Board, regarding the consideration of a Citizen Awareness and Participation Plan (CAPP), on February 13, 2008, by a (4) to (1) majority vote, the board members recommended that the City not have a Citizen Awareness and Participation Plan. Please schedule this recommendation for an upcoming City Council meeting. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com Planning & Zoning Board Meeting Minutes November 28, 2007 Page 2 3. Discussion Re: Creating an Open Space Provision Todd Peetz City Planner. ........._..._ Mr. Peetz, City Planner, advised that the information contained in the agenda packet explained how other municipalities addressed open space. He noted that open space is currently only required in Residential Planned Unit Developments (RPUD), in City code provided Section 110-438. Discussion was held regarding whether or not the City should prepare a code section to include an open space provision in the Land Development Code. The Board members reviewed the City's code definition of open space as it pertains to RPUD's. During discussion, the Board members noted that green space was not mentioned; and setbacks did not count as open space. Further _discussion -was-- held --regarding:_ the--city's-tree- code --and preservation "of trees; --- open space; green space. Since the City was 90% built -out the Board requested staffs research other municipality's definitions of open space and green space, -- _--. - an then create= categories for preserving =open space; new developments; 'and _ redevelopments. Discussion continued regarding the City's need to reduce density and purchase land for parks to add and protect open space and green space. The Board concluded to hold further discussion at the next meeting. 4. Review and Recommendation to City Council Re: Consideration of a Citizen Awareness and Participation Plan (CAPP) Process Todd Peetz, City Planner, Todd Peetz, City Planner, explained that the purpose of a citizen awareness and participation plan (CAPP) was to ensure that applicants provide early and effective citizen participation, in conjunction with their applications, to provide citizens with an adequate opportunity to learn about proposed projects that may affect them; and to facilitate communication between the applicant, citizens, property owners, and the City. The Board reviewed the City of Winter Springs Citizen Awareness and Participation Plan Handbook. Discussion was held regarding: defining, creating, and establishing criteria for CAPP in an effort to better understand how a CAPP would work, without creating additional cost to the city, or delaying a project; and establishing an effective date to enact a CAPP. Todd Peetz agreed to bring more information to the Board for further discussion at the next meeting. Planning & Zoning Board Meeting Minutes �iP('PlllhPf � i �nm Page 5 Lamar Russell suggested that the order of agenda, items #4 and #5, be switched. Bea McNeely polled the Board members. All the Board members agreed to move the order of the agenda items. 4. Review and Recommendation to City Council Re: Consideration of a Citizen Awareness and Participation Plan (CAPP) Process - Todd Peetz, City Planner. Todd Peetz, City Planner, advised that residents had made comments during some of the recent City Council and Planning & Zoning Board meetings, regarding the developer of Sheldon Cove not discussing the proposed project with them. He explained that there was no requirement to have community meetings with residents or neighboring property owners with developers. He stated that the creation of the CAPP process would have the developer meet with residents to discuss and resolve community issues, before bringing the project to public hearings. He noted that at the November .28, 2007 Planning & Zoning Board meeting, the Board members expressed interest as to how the CAPP would be implemented. He advised that the Board did not want to add time and cost to the City, or an impediment to a developer. The Board members ' reviewed the City of Winter Springs CAPP Handbook. Discussion followed.. Thee Board members questioned if there would be associated costs to the developer, would there be City expenses; how should the City encourage early and effective citizen participation; notification requirements; project delays; and encouraging, not requiring, a formal report from the developer; if the CAPP was already implemented, would the tank farm issues be resolved; should Sheldon Cove have participation with the entire City; should the notification be extended past 500 ft.; should the media be involved; how should the citizens be approached; how much time would be involved with the City staff and the Board; and should the CAPP apply to a single family development? Bill Mays, developer, advised that the City was made up of a lot of renters, not just property owners. Dawn Mays advised that they would like the opportunity to come back to the City with ideas of how to communicate with the public and present viable statistics. Discussion followed. Motion by Bea McNeely, seconded by Donald Dunn, to table this agenda item until Mr. Mays comes back with ideas to implement the CAPP. Discussion followed. Mr. Mays advised that he should have some information by the January 9th, 2008 meeting. Vote on the motion carried unanimously. I Planning & Zoning Board Meeting Minutes January 23, 2008 Page 5 5. Presentation & Discussion Re: Ideas for Citizen Awareness Participation Plan (CAPP) —William Mays, Presenter. Todd Peetz, City Planner, advised that the Board had discussed the mixed use development and this agenda item was a continuation of those discussions regarding location, height, density, intensity, open space, traffic, pedestrian access, type of uses, and appearance. Dawn Mays, Representative for Sheldon Cove, presented a proposed CAPP process, which included a mailer, website, media releases to notify the public, and a recommendation to have a community meeting at the Cape Canaveral library to discuss the project and obtain public feedback. Discussion followed. In conclusion, staff was tasked with formulating a process for when a CAPP would be required, to include a notification process for small projects; and a proposed time schedule. 6. Discussion Re: Mixed Use Development — Todd Peetz, City Planner. Todd Peetz, City Planner, advised that the Board had discussed a mixed use development having a greater height than 45 feet and that they recently heard from a property owner requesting a building height increase. He outlined that the discussion should be in two parts the first, whether height greater than 45 feet in a commercial district should be allowed; and second, where, when and how should that height be determined. Lamar Russell, Vice Chairperson, announced that the Board should have had the opportunity to discuss mixed-use two weeks ago, rather than the meeting being cancelled because there was no new business. Due to the time, Harry Pearson suggested that this agenda item be discussed at the next meeting. Lamar Russell requested that all discussion items be placed on every meeting agenda until the item is pounded flat. He requested that the next meeting agenda include a discussion item regarding the plat/replat ordinance. 7. Discussion Re: Planning & Zoning Board's Priorities for the Year. Due to the time this agenda item was not discussed. PLANNING & ZONING BOARD MEETING MINUTES FEBRUARY 13, 2008 A Regular Meeting of the Planning & Zoning Board was held on February 13, 2008, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Shannon Roberts Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Council Member Assistant City Attorney City Planner Board Secretary Approval of Meeting Minutes: January 23, 2008. A few of the Board members requested a couple of minor changes to the January 23, 2008 minutes. Motion by Mr. Pearson, seconded by Ms. McNeely, to approve the meeting minutes of January 23, 2008, with the noted changes. Vote on the motion carried unanimously. 2. Review Re: Consideration of a Citizen Awareness and Participation Plan (CAPP) Process — Todd Peetz, City Planner. Todd Peetz, City Planner, gave an overview of the previous discussion held by the Board regarding this agenda item. He noted that at the last meeting, staff was tasked with creating a process for when a CAPP would be required. It was also recommended that the process include some form of notification for the smaller projects. Mr. Peetz briefly reviewed Section 110-28, Due Process; Special Notice Requirements of the Cape Canaveral read two additional paragraphs he proposed to add Section that addressed a Citizen Awareness and notification process. Code of Ordinances. He to the existing City Code Participation Plan (CAPP) Planning & Zoning Board Meeting Minutes February 13, 2008 Page 2 Discussion followed. Ms. McNeely stated that the two paragraphs proposed by Mr. Peetz should be codified and placed in the code. Mr. Dunn voiced his opinion that the notification to residents should extend further than properties within 500 ft., and the notification should be sent by certified mail to everyone in the City. Mr. Russell rebutted to Mr. Dunn's suggestion. He stated that no one would build in the City. Mr. Russell pointed out that notification could be made utilizing the City's web page. He commented that citizens do not need to be spoon-fed. He did not believe that the CAPP was necessary. Councilmember Ms. Roberts advised that Councilmember Petsos recommended the Board look at the City of Longwood's CAPP ordinance. She voiced City Council's concern regarding inadequate notice to the residents and commented that Mr. May's project was a good example for citizen awareness. She advised that the Council was trying to get a sense from the residents, by having them more involved through awareness. She commented that the citizens do not have enough information in the beginning stages of proposed projects. Mr. May's commented that a developer says lets do it in the dark and don't tell anyone. As a citizen, he wants to know when something is being proposed. Mr. Dunn questioned if the CAPP process would delay a project. Mr. Disler, DCWS, Outsource Media & Research Group, advised that he developed a 6X9 notification card. Mrs. Dawn May's distributed a sample mail -out and a web -page layout. She advised that the goal was to create interest from the residents. She did not believe that a 6X9 card was the proper format to discuss a 65' height; media releases and public meetings would be more appropriate. Mr. Russell commented that there was nothing in the City code to stop any one from notifying the public of a proposed project. Dr. Fredrickson stated that the property owner was snowballed and now the Board didn't want the CAPP. Mr. Pearson advised that Mr. Mays offered to do it. Mr. Berger, project contractor, stated that there are so many hoops to go through already. If City Council wants to advise the citizens, then they should do it on a case by case basis. He noted other regulatory agencies that require hoops to go through such as: Department of Community Affairs, Florida Department of Transportation, and St. Johns River Water Management District, etc. Mr. Peetz commented that when Brevard County sees that there is a lot of controversy, they table the request until the developer meets and works out concerns with the residents. Mr. Johanson voiced his opinion that the CAPP would be an encumbrance. Chairperson McNeely asked how the CAPP would be enforced. Assistant City Attorney Latorre responded that what the code or policy said would determine when it applied. She commented that it would be difficult to make someone follow the code and not someone else. She added that certain criteria would need to be established to be enforceable. Planning & Zoning Board Meeting Minutes February 13, 2008 Page 3 Motion by Lamar Russell, seconded by Harry Pearson, to not have a Citizen Awareness and Participation Plan. Motion carried by majority, with Mr. Fredrickson voting against the motion. 3. Discussion Re: Consideration to Increase Building Height in the Commercial Zoning Districts. Chairperson McNeely announced that the discussion would be limited to 30 minutes, because of the lengthy agenda. Mr. Pearson read a statement into the record. (Statement is marked Exhibit A and attached hereto the Minutes). He commented that once the City breaks the 45 ft. high ceiling, the sky is the limit. The only controlling factors would be traffic and such restrictions as setbacks, signs, and visibility. If the City approves Sheldon Cove by giving them the extra height, the City would be hard pressed to turn others down, and this may be only the first of many such buildings in the City. Mr. Russell spoke regarding compatibility. He read the five options discussed at the previous meeting and announced another option, which was to establish criteria for a 65 ft. height by Special Exception, only in the C-1 Zoning District, and only along the A1A corridor. He advised that City Council asked the Board to look at the issue and the Board needed to do the best they could, whether the members were in favor or not. Mr. Dunn recommended that the City Council bring the issue to the voters by referendum at the next election. He commented that the City should not consider anything that would take all the available traffic count. Mr. Johanson, suggested that the Board should go back to City Council ask where they wanted the height increase considered. Ms. McNeely illustrated a 45 ft. building, and a 65 ft. building. She advised that the increase to 65 ft. was actually a 44% increase of 45 ft. Mr. Berger, Sheldon Cove's contractor, advised that only one section of Mr. May's building would be 65 ft., most of the design was 45 ft. There plan was to build this project in the C-1 zoning district, not close to residential. Mr. Fredrickson commented that the City Council should decide whether it should go to referendum or not. Mr. Pearson announced that he was prepared to recommend that they don't change the height at all. Mr. Dunn questioned what impact this proposed project would have on the existing traffic count. Mr. Peetz responded that it would have a large impact. Mr. Dunn commented that this proposed project would kill mixed-use for any other future projects. Mrs. Dawn May's, commented that some of the jobs would only be part-time; 1,200 employees was a large number and only an estimate; a traffic study would be provided during the site plan review process. Mr. Fredrickson commented that the Board should come up with a recommendation to allow 65 ft. MILLER%`�EGG Date: 11/20/2007 To: Bennett Boucher, City Manager, City of Cape Canaveral From: Todd Peetz Re: Citizen Awareness and Participation Plan (CAPP) As requested, attached is a staff analysis and information about the potential Citizen Awareness and Participation Plan (CAPP). Several attachments, including the City of Longwood's CAPP program, is included with this memo as an example. Purpose: The purpose of the CAPP is to ensure applicants provide early and effective citizen participation in conjunction with their applications, to provide citizens with an adequate opportunity to learn about proposed applications that may affect them and to facilitate communication between the applicant, citizens, property owners and the City. Considerations: As noted from the City of Longwood's CAPP ■ A formal staff review meeting on most projects preparing a CAPP is optional. The information gathered from the CAPP program is used by staff to conduct their analysis and comments are sent to the applicant directly within two weeks. ■ Projects in the CAPP program typically abut residential properties. ■ Further consideration should be given as to whether the existing City notification and posting process is sufficient or if additional noticing standards should be added. Comments/Suggestions: ■ Costs associated with implementing the CAPP program should be paid by the applicant/developer. ■ Specific distance requirements for the notification of property owners must be part of the plan and should be based upon the size of the proposed project and the density of the surrounding neighborhoods. A standard distance commonly used may be 500 feet. ■ The applicant/developer is responsible for performing all notification and site posting associated with the CAPP and providing all necessary documentation and copies to the City. Attachments: City of Longwood CAPP Resource Handbook City of Winter Springs Staff memos, Sample CAPP report and Longwood Code language IMPROVING COMMUNITIES. CREATING ENVIRONMENTS. Central Florida Office: 631 S Orlando Avenue Suite 200 Winter Park, Florida • 32789-7122 (407) 629-8880 Fax (407) 629-7883 www.millerlegg.com 101 Citizen Awareness Plan 2008 The Citizens Awareness Plan is made of four main elements. Each element builds towards a public inceting and wit! be designed o give an overview of the project as well as opportunities shall include tracking and auditing for viewing and inspection. Mailer A mailer should be sent to property owners and business owners within the city limits that will be directly affected by the proposed project. This mailer should include a brief description of the project, renderings of the project, information regarding the upcoming public meeting, and contact information to facilitate feedback from the recipient. The mailer can direct the recipient to a website which provides more information regarding the project. Website A website can be constructed to allow the public access to a more in-depth look at the project and gain feedback. The website could include such items as: the information presented to the City Council and Planning and Zoning Board regarding the project, a Frequently Asked Questions Section, renderings and aerial photography, and a brief history of the project. The website should also contain information regarding an upcoming public meeting. Media Release & Association Notification A media release should be sent to news sources, public information venues, and resident associations within the city limits regarding the project, the website and the upcoming meeting. The project's team should be available for presentations to interested groups as needed and/or requested by the City Council and/or the Planning and Zoning Board. Public Meeting A public meeting should be held to educate the public as to the project as well as to receive feedback. This meeting should be held within the city limits at an accessible location such as the City Hall mccting room or Cape Canaveral Library. At this meeting, a presentation and an opportunity for the public to ask questions regarding the project will be given. Attendees will be requested to register and give feedback to the project. At the conclusion of the plan a summary should be produced and presented to the City Council and/or Planning and Zoning Board. This summary will review the overall participation, feedback and findings of the Citizens Awareness Plan. f�� ADMINISTRATION 10.0.01/ -deportment should be eported to the ap cant ties, political jurisdictions, and and the adgWistrator, but sha ave no public agencies that may be af- effe n the idity of the_jction on the fected by the proposed develop- application. ment. 10.0.8. Citizen awareness and participation plan. b. Description of how notification will be provided to those inter- A. Applications for the following land use ested in and potentially af- decisions shall include a citizen aware- fected by the proposed develop- ness and participation plan (CAPP): ment. 1. Site development plan review. C. Description of how information 2. Variances involving a nonresidential will be provided to those inter- use. ested and potentially affected 3. Other applications at the discretion of the substance of the change, of the administrator. amendment, or proposed devel- opment for which approval is B. The purpose of the citizen awareness and sought. participation plan is to: d. Description of the means by 1. Ensure that applicants pursue early which an opportunity will be and effective citizen participation in provided to those interested or conjunction with their applications, potentially affected to discuss giving them the opportunity to un- the proposal and express any derstand and mitigate any real or concerns, issues, or problems /�• perceived impacts their application well in advance of the first pub- may have on the neighborhood and lic hearing. community. e. The applicant's schedule for 2. Ensure that the citizens and prop- completion of the citizen aware- erty owners of Longwood have an ness and participation plan. adequate opportunity to learn about f. The means by which the apph- applications that may affect them cant will keep city officials in- and to work with applicants to re- formed on the status of citizen solve concerns at an early state of participation efforts. the process. 6. The level of citizen interest and area 3. Facilitate ongoing communication be- of involvement will vary depending tween the applicant, interested citi- on the nature of the application and zens and property owners, city staff, the location of the proposed develop- and elected officials throughout the ment. The applicant will determine application review process. the target area for early notification 4. The citizen awareness and participa- after consultation with the planning tion plan is not intended to produce division staff. At a minimum, the complete consensus on all applica- target area shall include the follow- tions, but to encourage applicants to ing: be good neighbors and to allow for a. Property owners within the pub- informed decision-making. lic hearing notice area as re- s. At a minimum the citizen awareness quired by other sections of this and participation plan shall include development code. the following information: b. The head or chair of any AV,*, a. Identification of the residents, homeowners association or reg- property owners, interested par- istered neighborhood group LDC:129 ,,/oNG v✓no0 10.0.0 LONGWOOD DEVELOPMENT CODE i1 within the public notice area ceived notices, newsletters, required by other sections of or other written materi- this development code. als. C. Other interested parties who iv. The number and names of have requested to be placed on people that participated in an interested parties notifica- the process. tion list maintained by the plan- b. A summary of concerns, issues, ning division. and problems expressed during the process, including: 7. These requirements apply in addi- i. The substance of the con - tion to any other notice provisions terns, issues, and prob- required elsewhere in this develop- lems. ment code. ii. The manner in which the 8. The applicant may submit a citizen applicant has addressed or awareness and participation plan and intends to address these begin implementation prior to for- concerns, issues, and prob- mal application at the applicant's lems. discretion. This shall not occur until iii. The concerns, issues, and after the required preapplication con- problems the applicant is ference and consultation with the unwilling or unable to ad - planning division. dress and why. 9. Where a citizen awareness and par- 10.1.0 Construction permits. ticipation plan is required by this code, the applicant shall provide a 10.1. Generally. No development acti ty, as written report on the results of the defined h rein, may be undertaken ss the citizen participation efforts prior to activity is thorized by a construction ermit. the notice of public hearing. This 10.1.2. Pre quisites to issuance of nstruction report will be attached to the public permit. hearing report. The report shall, at a mum, contain the following in- A. Except a provided in se ion 10.1.3 be - formation: low, a con truction per it may not be issued unle the prop ed development a. Details of techniques used to activity: involve interested and poten- 1. Is autho ed an approved site tially affected parties, includ- developme an pursuant to sec - mg: tion 10.2.0 o this article; and i. Dates and locations of all 2• Conforms o applicable codes as meetings where citizens were invited to discuss the adopted refe nce in article I. applicant's proposal. B. In accordant with City , ode Section 5.167 ii. Content, dates mailed, and Appearanc Requiremen for single-fam- numbers of mailings, in- ily resid tial structur in deed se- cluding letters, meeting no- stricted bdivision. tices, newsletters, and 10.1.3. Exc tions to requiremen of an ap- other publications. proved site velopment plan. For th following iii. Location of residents, prop- development activities. the applicant s not be erty owners and other in- required to tain site development plan approval .1 terested parties who re- pursuant section 10.2.0 of this article. Unless LDC:130 REACH OUT LONGWOOD PROGRAM f. CITIZEN AWARENESS AND • • • City of Longwood Citizen Awareness and Participation Plan Resource Handbook Table of Contents Introduction.............................................................................................................2 TheCitizen Participation Process.........................................................................3 Step One: Developing a Citizen Participation Plan.................................4 Step Two: Implementing Your Plan...........................................................6 Step Three: Reporting On What Happened.............................................8 Citizen Participation Checklists...........................................................................10 StepOne: Plan Development.....................................................................11 StepTwo: Implementation....................................................................... 12 Step Three: Final Report........................................................................... 13 NeighborhoodMeeting Rooms........................................................................... 14 LocalMedia List................................................................................................ 14 What to Consider When Sending a Neighborhood Letter...............................15 Sample Neighborhood Meeting Letter ................................................... 16 Tips For an Effective Presentation.................................................................... 17 Audio -Visual Aids........................................................................................18 Tips For Handling Difficult Questions/Situations/ Confrontation..............................................................................................19 Conclusion......................................................................................................... 20 Appendix: Citizens Awareness & Participation Plan From Longwood Development Code..................................................................... 21-24 -1 Introduction Longwood residents and property owners are becoming more interested in development issues and more insistent on being involved in the decisions that affect them. In an effort to meet the needs of this more interested community, the City has developed a new and innovative Reach Out Longwood Program entitled Citizen Awareness and Participation Plan to ensure early and effective citizen participation in conjunction with proposed development applications. Longwood's Land Development Code now requires project applicants to create and implement a citizen participation plan prior to gaining Planning Division approval of the application and before any public hearing is scheduled. The purpose of the Citizen Awareness and Participation Plan is to ensure that both developers and citizens have adequate opportunities early, in the planning process to discuss, understand and try to resolve neighborhood issues related to the perceived impacts of a proposed project. It does not guarantee success, but is instead a tool to help guide you through. This handbook is designed to assist you in implementing your Citizen Awareness Participation Plan as required by the City's Land Development Code. L The Citizen Participation Process Longwood is experiencing a significant reemergence of civic responsibility, citizen participation and neighborhood spirit. The Long-vvood City Commission is committed to ensuring that this community-based energy and interest is captured and used productively in municipal decision-making, particularly as it relates to land use and development issues. The City's Citizen Awareness and Participation Plan requirement is designed to focus attention on the importance of citizen participation early in the planning process and its relationship to completing a successful development project in Longwood. The Citizen Awareness and Participation Plan is designed to: • Encourage early participation in the public review process. • Open a dialogue between the applicant and affected neighbor- hoods. • Improve communication between the development community, citizens and Longwood Citi- government. Three- Easy Steps To Success The citizen participation process consists of three steps. 1. Prepare a Citizen Participation Plan — This will be a written plan that «-ill describe how you intend to notify interested parties of your proposed project and how those people tNill have an opportunity- to comment on your project. The plan will be reviewed by your City Planning Division. City- staff can help -�tiith much of the information that needs to be provided in the plan, particularly in identifying issues that are likely to arise when you go out to residents and property- owners. 2. Implement the Plan — This is where you actually go out to the public and do what the plan outlines. This handbook has information on where and how to hold meetings, how to deal with conflicts, and successful ways to approach the task of citizen participation. I Report What Happened - This written report will be re��iewed and approved by City staff and -,v-ill be given to the decision-making bodies for their use during the formal public hearing process. It is a summary of what was done, the issues and concerns raised during the process, and what you have done or «ill do to address those issues. Step One: Developing A Citizen Participation Plan The product will be a written plan that you will submit to die Planning Division. City staff will review your draft plan, make comments and review your revisions, just as for any other portion of your application. The staff can be used as a resource in preparing your plan. Before you write yourplan, you need to think about the following: 1. Who might be impacted by your project? Who are the residents, property owners, businesses and others who might be interested in your project? Who will be directly affected? Who will be indirectly- affected? Who will not be affected but think they will? Who may want to get involved even though they realize they won't be affected? Differentiate between groups based on impact. For example, most residents of a neighborhood have different concerns depending on what part of the neighborhood they're in. A resident living immediately= next to your proposed project's site may have very different concerns — and more strongly held concerns — than the rest of their neighborhood. A resident living on a busy collector street in the neighborhood may have much more concern about the traffic impacts of your project than someone living on a cul-de-sac. Treating the entire neighborhood as if they have uniform concerns may cause you to miss or gloss over important issues. M 2. 3. What are the concerns, problems and issues related to your project, as seen through the eyes of these people? Put yourself in the place of these people. How will they= see your project? Will they view it as an enhancement to the neighborhood, or will they be concerned that your project Nvill create traffic that may adversely affect them? Will they be concerned about the hours you plan to be open or the quality of housing you intend to builds Try to predict what you will hear during the participation process so you can be better prepared to respond. We've found that applicants that do a good job of thinking this through are better prepared to discuss thorny- issues with citizens. How will you notify interested parties, and how will they be able to comment on your project? There are a number of citizen participation and notification techniques which can be used in implementing your plan. Neighborhood meetings and letters are the most common, but there may be other methods of communication and interaction you might want to use. _applicants have had success with open houses, tours of other projects, informational flyers, and news releases. What will connect you -,i71th the people who need to know about your project? How can you best inform them of what you want to do? The written plan you submit to the Planning Division must include the following information: • Identification of which residents, property owners, interested parties, political jurisdictions and public agencies may be affected by your project. • How you will notify these people and agencies that you're making an application. • How you will inform these people and agencies of the details of your project. • How you will gi�-e the affected and interested people an opportunity- to discuss your proposal with you and let you know of any concerns, issues _6 or problems they may hare. • Your schedule for completing your citizen participation process. • How you «ill keep the Planning Division informed as to what's going on. Step Two: Implementing Your Plan 1. Getting the word out. This may involve many different techniques, but they all fall into two basic categories; written communications and face-to-face discussion. Written information is always a part of the participation process. Whether it's a meeting notice or general information about your project, it's critical that you gine people background about your project, including a description of the project, what process you're going through and khat decisions related to the project have already= been reached. Don't assume that people know your property, had been designated for a shopping center for years. You need to tell them. No meeting should be held without some written background information having gone out beforehand. To ensure that meeting notices are effective in getting people to your meetings, you need to consider not just what you want to tell people in your notice, but -, hat form it should take. NX/hat techniques can make the communication more effective? How can you help ensure people will read your mail? Consider other ways of getting the word out, like door hangers, homeowner association meetings or newsletters, local newspapers, etc. It's important that all meeting notices get to people early enough so they can make plans to attend your meetings. Notices of meetings should reach in1-itees 10 to 14 days before the meeting. Later than that doesn't give people adequate time. Sooner than that, people tend to forget. When you schedule your meetings, look for other events or activities that might conflict. Is it a holiday= or the day before a holiday when a lot of people are out of town? Is there a big local or neighborhood function that day? 2. Listening to issues, concerns, and problems. The process of listening to the questions, concerns and problems you hear from the public is critical to successful citizen participation and a successful project. Your role in any contact with neighborhoods is not to try- and convince people your project is wonderful, but to identify questions and concerns the public has about your project so you can address them. Much of this listening is done through group meetings, so how they are conducted can be critical to your success. You must convey to the people attending that while you may not be able to do everything every- one wants, you are listening; and the process you are using is fair and open. If someone is going to go to the time, expense and trouble to attend meetings, find baby-sitters, rearrange their schedules, and all the other inconveniences associated vid1 public participation, they need to believe there kill be a return to them in having a quality- development that doesn't harm their way of life. If people see your decision-making process as fair, they will be much more willing to accept your proposal than if they think a project is being forced on them. Make sure whoever you have on your team dealing with the public understands the importance of listening and being non -confrontational. This will help set the tone for the entire meeting. 3. Resolving issues, concerns and problems. V711at are you going to do about what you hear from the public? The problem solving process may, involve many meetings, contacts with individuals, and time to gather additional information. You may, need to revise your plans and bring them back to the public for further reg ' Don't feel you have to solve everyone's concerns at one meeting. If they are confident you're working with them to find solutions, people will be glad to put in time and effort to work toward those solutions. Try to deal with people as directly as possible. Face-to-face communication and the telephone are much better than communicating - 7 d -rough letters. Use letters as a follow-up and to formalize an agreement already reached. A large group is liable to have a wide variety of issues and concerns. Sometimes working «lith smaller groups, organized by the issue they are particularly interested in, can be verN, effective in helping to reach solutions. \Vlhile breaking a large group into smaller ones can be vers- effective, sometimes it can also give tie impression that you're trying to "divide and conquer" the opposition. Remember tie goal is to effectively work toward solutions. You want to work toward a solution with which all the affected public can agree. Sometimes, however, this may not be possible. If you reach an impasse, recognize it, be clear about it, and move on to other issues. Resolving other concerns can make the initial disagreements go away or make people more amenable to compromise. If you have an interest group making completely unreasonable demands on you, be clear about why vou think d-iey are unreasonable. In die end, the public and the decision makers are able to tell which concerns are legitimate and which aren't. Once again, if you can't solve every problem to everyone's satisfaction, you must at least show you have considered and addressed all issues and dealt with them fairly, and honesty. Step Three: Reporting On What Happened When you have completed your participation process, you will need to compile a written report that Mill summarize what has taken place and tell what you've done to address concerns that arose. City staff will review your draft report to insure that it is comprehensive and accurately reflects the process. 1. What techniques did you use to notify and involve the public regarding your application? Take a chronological list of all the meetings, mailings, telephone conferences, open houses, newsletters, etc. that you employed in your participation process. Include the number of people contacted and the M number that attended meetings. Include copies of written materials and publications, letters, mailing lists, and sign -in sheets. Indicate on a map where people receiving notices were located, generally. 2. What concerns, issues and problems did you hear during the process? Write a summary of what you heard at each meeting or during other contact with the public as you carried out your plan. Be as comprehensive as you can. Just because an issue was dealt 1,1,1th early on doesn't mean it won't be important during the public hearing process. 3. How have you (or will you) address the concerns, issues and problems raised? This is a critical part of the report for you, because this is where you can best describe the reasonableness of your project issue -by -issue. Address each of the concerns v ou listed in number 2 above, however minor or easily resolved. Write a description of xvhat you're done about each concern. If it's an issue you feel was not legitimate, don't ignore it; this is your opportunity to explain why it's unreasonable. Be as factual and straightforward as you can. Include details, references to plans you're submitted, etc. 4. If there are concerns, issues and problems you aren't able to address, tell us why. We realize there may be items raised in meetings that you won't be able to resolve to everyone's satisfaction. You may, not be able to do them and keep your project viable. They may be issues that are the responsibility- of the City or another property owner to resolve. You may just not feel that the concern is legitimate and doesn't require your attention. List these issues and the reason(s) you won't be able to resolve them. Citizen Participation Checklists 7G Citizen Participation Plan Checklist Step One — Plan Development Project Impacts ❑ I have identified the residents, property- owners, businesses and others who might be interested in my; project. ❑ I have identified those who will be directly affected. ❑ I have identified those who «-ill be indirectly= affected. ❑ I have identified those who will not be affected, but -,vho think they will. ❑ I have identified everyone who may want to get involved, even though they realize they won't be affected. Project Concerns, Problems, Issues ❑ I have thought about my- project from the perspective of the people listed above. ❑ I have identified some of the concerns or problems they may have. Notification ❑ I have decided Nvhich public notification techniques are most appropriate for this project. 11 Citizen Participation Plan Checklist Step Two — Implementation Getting The Word Out ❑ I have considered different techniques for getting the word out to interested parties about my project. ❑ I have developed a timeline for notification that provides people ample opportunity to plan to attend meetings. ❑ I have looked at a calendar of events in the area to ensure that there are no conflicts kith my meeting date. Listening to Issues, Concerns and Problems ❑ I have identified potential questions and concerns that the public might have regarding my project. ❑ The process I am using will be open and fair. Resolving Issues, Concerns and Problems ❑ I have a plan to show that I have considered all of the issues and have dealt with them fairly. 12 Citizen Participation Plan Checklist Step Three — Final Report Details of Techniques Used ❑ I have included dates and locations of all meetings where citizens were invited to discuss my proposal. ❑ I have included content, dates mailed, and number of mailings, including letters, meeting notices, newsletters and other publications. ❑ I have included where residents, property owners, and interested parties receiving notices, newsletters or other written materials are located. ❑ I have included the number of people that participated in the process. Summar, of Concerns,- Issues and Problems Expressed During the Process: ❑ I have included the substance of concerns, issues and problems. ❑ I have included information on how I have addressed or intend to address concerns, issues and problems expressed during the process. ❑ I have included concerns, issues and problems I am um Nil ing or unable to address and why. 1.3 Neighborhood Meeting Rooms If you plan to hold a neighborhood meeting as part of your Citizen Awareness Participation Plan, the City- of Longwood has a Community Building with meeting rooms which can be reserved ahead of time. To reserve a meeting room or to get information about other possible meeting locations, please call the City- of Longwood Recreational Programs Coordinator at 407- 260-344 7. Schools often serve as a good location for a neighborhood meeting. You may call the individual school site of your choice, directly, for information about meeting room availability-. Also, certain homeowner associations may have a meeting room that could be used to hold a neighborhood meeting. Using the Local Media for Citizen Notification The City- of Longwood encourages using the local media to announce meetings and other news related to development projects. IN1any Longwood residents obtain news about the City- and related activities by reading one of several publications which now serve the City-. Below is a listing of local media, addresses, phone numbers and FAX numbers should you decide to use the media to assist you in implementing your Citizen Awareness Participation Plan. Channel 2 - WESH T�7 1021 North Wymore Road Winter Park, Florida 32789 Phone: 407-643-2222 Fax: 407-539-7948 Channel 6 - W�MG 4466 N. John Young Parkway Orlando, Florida 32804 Phone: 407-291-6000 Fax: 407-321-1204 Channel 9 - VFTV - ABC 490 East South Street Orlando, Florida 32801 Phone: 407-841-9000 Fax: 407-481-2891 Channel 13 64 East Concord Street Orlando, Florida 32801 Phone: 407-313-1313 Fax: 407-313-1399 Orlando Sentinel 341 N. Palmetto Avenue, Suite 103 Sanford, Florida 32771 Phone: 407-322-3313 Fax: 407-321-7433 Seminole Herald 300 N. French Avenue Sanford, Florida 32771 Phone: 407-322-2611 Fax: 407-323-9408 14 What To Consider When Drafting A Neighborhood Letter: Seeking Input And Involvement 1. Purpose Is the purpose of your letter to invite residents to a meeting? To pro�zde an explanation of your project? To state xchat you would like to see from the neighborhoods 2. Background Why you are writing to this neighborhood? Pro�lde a description of the proposed use of your property. What's happened up to this point regarding your pro* ect? 3. Your intentions What you hope to do with your projects Describe some of the details that you think «ill mitigate neighborhood concerns (i.e., landscaping, sound barriers, improved street circulation, etc.). 4. Encouragement to letter recipient to participate Conclude letter With a positive statement about hearing from the neighborhood, meeting -,v-ith them, value of their input, etc. 5. Include your name and telephone number. (On the next page is a sample letter you may want to use) 15 SAMPLE NEIGHBORHOOD MEETING NOTIFICATION LETTER COMPANY LETTERHEAD DATE Dear Property Owner: YOUR COMPANY NAME would like to invite you to attend a neighborhood meeting to discuss BRIEF DESCRIPTION OF YOUR PROJECT. The meeting «ill be held at the following place and time: NAME OF FACILITY ADDRESS DATE AND TIME IN THE FOLLOWING PARAGRAPH, PLEASE USE THESE MAIN POINTS: STATE WHAT YOUR COMPANY HAS SUBMITTED TO THE CITY OF LONGWOOD BRIEF DESCRIPTION OF THE DESIGN OF THE PROJECT INDICATE HOW THE PROJECT COULD POSSIBLY IMPACT THE SURROUNDING NEIGHBORHOODS I (or your company) would like to address any, comments and concerns you may have regarding this proposal. Representatives from the City of Longwood have also been invited to attend this meeting. Please call me (or your company) at before the meeting if you have any questions regarding the proposed development. I look forward to meeting you. Sincerely, YOUR N_ IVIE TITLE cc: 16 Tips For An Effective Presentation Eight Steps to Preparing a Presentation 1. Develop Objectives Why are you doing this presentations What results do you wants 2. Consider the Audience Who will be in attendance? Why do you think they are coming? What are their interests, concernse 3. Introduction Capture the audience's attention and give them time to tune in on you and other speakers. Set the tone for what is to come. This part of the presentation can establish credibility=. 4. State Your Main Ideas and Supporting Ideas Go from the general ideas to the more specific ideas. 5. State the Benefits Tell your audience the benefits of your objectives, particularly if your presentation is intended to be persuasive. 6. Gather Facts Make sure you put together evidence to support your main ideas. _-anecdotes, statistics and quotes can be useful. 7. Develop Visuals, Handouts, Notes These materials should complement your presentation and not serve as a distraction. Handouts should be made available following a presentation unless you want the audience to look at them while you are explaining the information. 8. Practice This is critically- important for a successful presentation. If you are planning to use equipment, test it before the presentation. Make sure the room is arranged the way you want it. 17 Audio -Visual Aids The use of audio-visual aids in a presentation can be vers- effective - if the presenter is comfortable «lith the equipment and/or the types of visual aids he or she is using. Research has shown that only seven percent of an audience's interpretation of our messages comes from words; 38 percent comes from voice and vocal inflections, and 55 percent comes from what we see. Audio-visual aids should be used to support and to enhance the spoken message and should not be the entire presentation. Examples of aids which can be used to make a point or illustrate an idea: • Models (concrete objects). • Graphics (maps, photographs, drawings). • Charts, tables, graphs. • Display boards/flip charts. • Optical devices such as overheads, computer projection, slide projectors, video recorders. Keep it simple: • Only put your main points on audioVisuals. • One topic or no more than five lines per visual. • Be consistent \�Ztiz the type of format you are using (i.e., vertical/horizontal, chart design, etc.). Consider your audience and the room in which the presentation will be made. This will help determ=ine the type of aids which «ill be most effective, their size, etc. 146 Tips For Handling Difficult Questions/ Situations/ Confrontation Be aware that in your audience there will probably- be people who support your ideas, project, philosophy - and those who don't. There will also be people who have not formed an opinion yet. Your goal in making the presentation should be to get people who haven't made up their minds yet to "like" you, thereby resulting in support for your ideas. This means working hard to establish credibility- and handling your adversaries without being defensive or argumentative. march Lustberg, author of the book "I innirab IVhen It Reale Cou11ts, " is an expert on effective communications. In dealing with confrontation he suggests pausing, making eye contact and winning over your adversaries -,-6th reason, courtesy and valuable new facts. His book details the following suggestions regarding confrontation: 1. Pause. Think before you speak. 2. Stay calm and reasonable. I Don't get angry= and keep control of your temper. 4. Refuse to take any attack personally. 5. Be positive. 6. Give information rather than denials. 7. Be explanatory-. Don't succumb to die temptation to argue. 8. Take lots of time and don't run off at the mouth, argue, yell or scream. 9. Be the voice of reason. 10. Be the good guy, -Mr. or FIs. Nice. 11. Always assume your audience is smarter than you when it comes to neighborhood issues. 19 Conclusion The Reach Out Longwood Program is a positive step forward in encouraging early and effective citizen participation. We hope that this handbook, along with our assistance, will prove to be useful in creating your Citizen Awareness And Participation Plan. The City of Longwood staff is always available to help you through the process. Please feel free to contact the Planning Division at 407-260-3462 should N-ou have any questions or need additional assistance. In addition, please let us know if you have any comments or suggestions regarding our process. We look forward to working With you! 2G City of Longwood Citizen Awareness and Participation Plan CITIZEN AWARENESS AND PARTICIPATION PLAN: A. _3t the discretion of the City Administrator, applications for the following land use decisions shall include a citizens awareness and participation plan (CAPP): 1. Site development plan review. 2. Variances involving a non-residential use. I Other land use or development applications. B. The purpose of the CAPP is to: 1. Ensure that applicants pursue early- and effective citizen participation in conjunction -,ith their applications, giving them the opportunity, to understand and mitigate any real or perceived impacts their application may have on the community. 2. Ensure that the citizens and property owners of Longwood have an adequate opportunity- to learn about applications that may affect them and to work with applicants to resolve concerns at an early- state of the process. I Facilitate ongoing communication between the applicant, Interested citizens and property- owners, City- staff, and elected officials throughout the application review process. 4. The CAPP is not intended to produce complete consensus on all applications, but to encourage applicants to be good neighbors and to allow for informed decision- making. 21 I . At a minimum the CAPP shall include the following information: a. Identification of the residents, property- owners, interested parties, political jurisdictions, and public agencies may be affected by the proposed development. b. Description of how notification vv:ll be provided to those interested in and potentially affected by the proposed development. C. Description of how information will be provided to those interested and potentially- affected of the substance of the change, amendment, or proposed development for which approval is sought. d. Description of the means by which an opportunity will be provided to those interested or potentially affected to discuss the proposal and express any concerns, issues, or problems well in advance of the first public hearing. e. The applicants schedule for completion of the CAPP. f. The means by which the applicant vyill keep City- officials informed on the status of citizen participation efforts. 6. The level of citizen interest and area of involvement will vary depending on the nature of the application and the location of the proposed development. The target area for early notification will be determined by the applicant after consultation with the Planning Division staff. At a minimum, the target area shall include the following: a. Property owners within the public hearing notice area as required by other sections of this Code. b. The head or chair of any, homeowners association or registered neighborhood group within the public notice area required by other sections of this Code. 22 C. Other interested parties who have requested to be placed on an interested parties notification list maintained by the Planning Division. 7. These requirements apply in addition to any other notice provisions required elsewhere in this Code. 8. The applicant may, submit a CAPP and begin implementation prior to formal application at the applicant's discretion. This shall not occur until after the required pre -application conference and consultation with the Planning Division. 9. Where a CAPP is required by this Code, the applicant shall provide a written report on the results of the citizen participation efforts prior to the notice of public hearing. This report will be attached to the public hearing report. The report shall, at a minimum, contain the following information. a. Details of tecluziques used to involve interested and potentially affected parties, including: i. Dates and locations of all meetings where citizens were invited to discuss the applicant's proposal. ii. Content, dates mailed, and numbers of mailings, including letters, meeting notices, newsletters, and other publications. iii. Location of residents, property- owners, and interested parties who received notices, newsletters, or other written materials. iv. The number and names of people that participated in the process. b. A summary of concerns, issues and problems expressed during the process, including: i. The substance of the concerns, issues and problems. 23 ii. The manner in which the applicant has addressed or intends to address these concerns, issues and problems. The concerns, issues and problems the applicant is unwilling or unable to address and why-. 24 CITY OF WINTER SPRINGS Citizen Awareness F.'I Tro, Participation Plan Resource Handbook City of Winter Springs Citizen Awareness and Participation Plan Resource Handbook Table of Contents Introductio 2 The Citizen Participation Process------------------------------------------ 3 Step One: Developing and Citizen Participation Plan---------- 4 Step Two: Implementing Your Plan---------------------------- 5 Step Three: Reporting on What Happened--------------------- 7 Citizen Participation Plan Checklists Step One: Plan g Step Two: Implementation---------___________________________—__ 10 Step Three: Final Report------------------------------------------ 11 What to Consider When Drafting a Neighborhood Letter-------------- 12 Sample Neighborhood Meeting Notification Letter--------------- 13 Tips for an Effective Presentation —----- ___--__------------------------- -- 14 Tips for Handling Difficult Questions, Situations, Confrontation----- 15 Conclusion------------------------------------------------------------------------- 16 INTRODUCTION Winter Springs residents and property owners are becoming increasingly interested in development issues and more insistent on being involved in the decisions that affect them. In an effort to meet the needs of this interested community, the City has developed a program entitled Citizen Awareness and Participation Plan (CAPP) to ensure early and effective citizen participation in conjunction with proposed development applications. Winter Springs' Land Development code now requires project applicants to create and implement a citizen participation plan prior to gaining Planning Division approval of the application and before any public hearing is scheduled The purpose of the Citizen Awareness and Participation Plan is to ensure that both developers and citizens have adequate opportunities early in the planning process to discuss, develop an understanding of, and try to resolve neighborhood issues related to the perceived or real impacts of a proposed project. The Plan does not guarantee success, but is instead a tool to help guide you during implementation of the CAPP program for your project. This handbook is designed to assist you in implementing your Citizen Awareness Participation Plan as required by the City's Land Development Code. The Citizen Participation Process Winter Springs is experiencing a significant reemergence of civic responsibility, citizen participation and neighborhood spirit. The Winter Springs City Commission is committed to ensuring that this renewed interest is captured and used productively in municipal decision-making, particularly as it relates to land use and development issues. The City's Citizen Awareness and Participation Plan requirement is designed to focus attention on the importance of citizen participation early in the planning process and the relationship of that participation to completing a successful development project in Winter Springs. The Citizen Awareness and Participation Plan is designed to: • Encourage early participation in the public review process. • Open a dialogue between the applicant and affected neighborhoods/property owners. • Improve communication between the development community, citizens and Winter Springs City government. Three Easy Steps to Success The citizen participation process consists of three steps. Prepare a Citizen Participation Plan — This will be a written plan what will describe how you intend to notify interested parties of your proposed project and how those people will have an opportunity to comment on your project. The plan will be reviewed by the City Planning Division. City staff can help with much of the information that needs to be provided in the plan, particularly in identifying issues that are likely to arise when you go out to residents and property owners. 2. Implement the Plan — This is where you go out to the public and do what the plan outlines. This handbook has information on where and how to hold meetings, how to deal with conflicts, and successful ways to approach the task of citizen participation. 3. Report What Happened — This written report will be reviewed and approved by City staff and will be given to the decision-making bodies for their use during the formal public hearing process. It is a summary of what was done, the issues and concerns raised during the process, and what you have done or will do to address those issues. Step One: Developing a Citizen Participation Plan The product will be a written plan that you will submit to the Planning Division. City staff will review your draft plan, make comments and review your revisions, just as for any other portion of your application. The staff can be used as a resource for certain information as you prepare your plan. Before you write your plan, you need to think about the following: 1. Who might be impacted by your project? Who are the residents, property owners, businesses and others who might be interested in your project? Who will be directly affected? Who will be indirectly affected? Who will not be affected but think they will? Who may want to get involved even though they realize they won't be affected? Differentiate between groups based on impact. For example, most residents of a neighborhood have different concerns depending on what part of the neighborhood they're in. A resident living immediately next to your proposed project's site may have different concerns — and more strongly held concerns — than the rest of their neighborhood. A resident living on a busy collector street in the neighborhood may have much more concern about the traffic impacts of your project than someone living on a cul-de-sac. Treating the entire neighborhood as if they have uniform concerns may cause you to miss or gloss over important issues. 2. What are the concerns, problems and issues related to your project, as seen through the eyes of these people? Put yourself in the place of these people. How will they see your project? Will they view it as an enhancement to the neighborhood, or will they be concerned that your project will create traffic that may adversely affect them? Will they be concerned about the hours you plan to be open or the quality of housing you intend to build? Try to predict what you will hear during the participation process so you can be better prepared to respond. City Staff has found that applicants that do a good job of thin king this through are better prepared to discuss thorny issues with citizens. 3. How will you notify interested parties, and how will they be able to comment on your project? There are a number of citizen participation and notification techniques which can be used in implementing your plan. Neighborhood meetings and letters are the most common, but there may be other methods of communication and interaction you might want to use. Applicants have had success with open houses, tours of other projects, informational flyers, and news releases. What will connect you with the people who need to know about your project? How can you best inform them of what you want to do? The written plan you submit to the Planning Division must include the following information: • Identification of which residents, property owners, interested parties, political jurisdictions and public agencies may be affected by your project. • How you will notify these people and agencies that you're making an application for development? • How you will inform these people and agencies of the details of your project? • How you will give the affected and interested people an opportunity to discuss your proposal with you and let you know of any concerns, issues or problems they may have? • Your schedule for completing your citizen participation process. • How you will keep the Planning Division informed as to the progress of the implementation of your plan? Step Two: Implementing Your Plan 1. Getting the word out. This may involve different techniques, but they all fall into two basic categories; written communications and face-to-face discussion. Written information is always a part of the participation process. Whether it's a meeting notice or general information about your project, it's critical that you give people background about your project, including a description of the project, what process you're going through and what decisions related to the project have already been reached. Don't assume that people know your property has been designated for a shopping center for years. You need to tell them. No meeting should be held without some written background information having gone out beforehand. To ensure that meeting notices are affective in getting people to your meetings, you need to consider not just what you want to tell people in your notice, but what form it should take. What techniques can make the communication more effective? How can you help ensure people will read your mail? Consider other ways of getting the word out, like door hangers, homeowner association meetings or newsletters, local newspapers, etc. It's important that all meeting notices get to people early enough so they can make plans to attend your meeting. Notices of meeting should reach invitees 10-14 days before the meeting. Later than that doesn't give people adequate time. Sooner that that and people tend to forget. When you schedule your meetings, look for other events or activities that might conflict. Is it a holiday or the day before a holiday when a lot of people are out of town? Is there a big local or neighborhood function that day? 2. Listening to issues, concerns, and problems. The process of listening to the questions, concerns and problems you hear from the public is critical to successful citizen participation and a successful project. Your role in any contact with neighborhoods is not to try and convince people your project is wonderful, but to identify questions and concerns the public has about your project so you can address them. Much of this listening is done through group meetings, so how they are conducted can be critical to your success. You must convey to the people attending that while you may not be able to do everything everyone wants, you are listening; and the process you are using is fair and open. If someone is going to go to the time,. expense and trouble to attend meetings, find baby- sitters, rearrange their schedules and all the other inconveniences associated with public participation, they need to believe there will be a return to them in having a quality development that doesn't harm their way of life. If people see your decision-making process as fair, they will be much more willing to accept your proposal than if they think a project is being forced on them. Make sure whoever you have on your team dealing with the public understands the importance of listening and being non -confrontational. This will help set the tone for the entire meeting. 3. Resolving issues, concerns and problems. What are you going to do about what you hear from the public? The problem solving process may involve many meetings, contacts with individuals, and time to gather additional information. You may need to revise your plans and bring them back to the public for further review. Don't feel you have to solve everyone's concerns at one meeting. If they are confident you're working with them to find solutions, people will be glad too put in the time and effort to work toward those solutions. Try to deal with people as directly as possible. Face-to-face communication and the telephone are much better than communicating through letters. Use letters as a follow-up and to formalize an agreement already reached. A large group will probably have a wide variety of issues and concerns. Sometimes working with smaller groups, organized by the issue they are particularly interested in, can be very effective in helping to reach solutions. While breaking a large group into smaller ones can be very effective, sometimes it can also give the impression that you're tying to "divide and conquer" the opposition. Remember the goal is to effectively work toward solutions. You want to work toward a solution with which all the affected public can agree. Sometimes, however, this may not be possible. If you reach an impasse, recognize it, be clear about it, and move on to other issues. Resolving other concerns can make the initial disagreements go away or make people more amenable to compromise. If you have an interest group making completely unreasonable demands on you, be clear about why you think they are unreasonable. In the end, the public and the decision makers are able to tell which concerns are legitimate and which aren't. Once again, if you can't solve every problem to everyone's satisfaction, you must at least show you have considered and addressed all issues and dealt with them fairly and honestly. Step Three: Reporting On What Happened When you have completed your participation process, you will need to compile a written report that will summarize what has taken place and tell what you've done to address concerns that arose. City staff will review your draft report to insure that it is comprehensive and accurately reflects the process. 1. What techniques did you use to notify and involve the public regarding your application? Make a chronological list of all the meetings, mailings, telephone conferences, open houses, newsletters, etc. that you employed in your participation process. Include the number of people contacted and the number that attended meetings. Include copies of written materials and publications, letters, mailing lists, and sign -in sheets. Indicate on a map the general location of people receiving notices. 2. What concerns, issues and problems did you hear during the process? Write a summary of what you heard at each meeting or during other contact with the public as you carried out your plan. Be as comprehensive as you can. Just because an issue was dealt with early on doesn't mean it won't be important during the public hearing process. 3. How have you addressed or will you address the concerns, issues and problems raised? This is a critical part of the report for you, because this is where you can best describe the reasonableness of your project issue -by -issue. Address each of the concerns you listed in number 2 above, however minor or easily resolved. Write a description of what you've done about each concern. If it's an issue you feel was not legitimate, don't ignore it; this is your opportunity to explain why it's unreasonable. Be as factual and straightforward as you can. Include details, references to plans you've submitted, etc. 4. If there are concerns, issues and problems you aren't able to address, detail these items in your report. City Staff realizes there may be items raised in meetings that you won't be able to resolve to everyone's satisfaction. You may not be able to do them and keep your project viable. They may be issues that are the responsibility of the City or another property owner to resolve. You may just not feel that the concern is legitimate and doesn't require your attention. List these issues and the reason(s) you won't be able to resolve them. Citizen Participation Plan Checklist Step One - Plan Development Project Impacts • 1 have identified the residents, property owners, businesses and others who might be interested in my project. 1 have identifies those who will be directly affected. • I have identifies those who will be indirectly affected. 1 have identified those who will not be affected but who think they will. • I have identified everyone who may want to get involved, even though they realize they won't be affected. Proiect Concems, Problems. Issues • 1 have thought about my project from the perspective of the people listed above. • I have identified some of the concerns or problems they may have. Notification • I have decided which public notification techniques are most appropriate for this project. Citizen Participation Plan Checklist Step Two - Implementation Gettina the Word Out • 1 have considered different techniques for getting the word out to interested parties about my project. • I have developed a timeline for notification that provides people ample opportunity to plan to attend meetings. • 1 have looked at a calendar of events in the area to ensure that there are no conflicts with my meeting date. Listening to Issues. Concerns and Problems • 1 have identified potential questions and concerns that the public might have regarding my project. The process I am using will be open and fair. Resolving Issues. Concems and Problems • 1 have a plan to show that I have considered all of the issues and have dealt with them fairly. Citizen Participation Plan Checklist Step Three - Final Report Details of Techniques Used • 1 have included dates and locations of all meetings where citizens were invited to discuss my proposal. • 1 have included content, dates mailed, and number of mailings, including letters, meeting notices, newsletters and other publications. • I have included where residents, property owners, and interested parties receiving notices, newsletters or other written materials are located. • 1 have included the number of people that participated in the process Summary of Concerns. Issues and Problems Expressed Durina the Process • 1 have included the substance of concerns, issues and problems. • I have included information on how I have addressed or intend to address concerns, issues and problems expressed during the process. • 1 have included concerns, issues and problems I am unwilling or unable to address and have explained why. What to Consider When Drafting a Neighborhood Letter 1. Purpose Is the purpose of your letter to invite residents to a meeting? To provide an explanation of your project? To state what you would like to see from the neighborhood? 2. Background Why are you writing to this neighborhood? Provide a description of the proposed use of your property. What's happened up to this point regarding your project? 3. Your intentions What do you hope to do with your project? Describe some of the details that you think will mitigate neighborhood concerns (i.e. landscaping, sound barriers, improved street circulation, improved drainage, etc.) 4. Encouragement to the letter recipient to participate in the process Conclude letter with a positive statement about hearing from the neighborhood, meeting with them, value of their input, etc. S. Include your name, company name, telephone number. (SAMPLE NEIGHBORHOOD MEETING NOTIFICATIN LETTER) COMPANY LETTERHEAD DATE Dear Property Owner: YOUR COMPANY NAME would like to invite you to attend a neighborhood meeting to discuss BRIEF DESCRIPTION OF YOUR PROJECT. The meeting will be held at the following place and time: NAME OF FACILITY ADDRESS DATE AND TIME IN THE FOLLOWING PARAGRAPH, PLEASE USE THESE MAIN POINTS: • STATE WHAT YOU COMPAN HAS SUBMITTED TO THE CITY OF WINTER SPRINGS • BREIF DESCRIPTION OF THE DESIGN OF THE PROJECT. • INDICATE HOW THE PROJECT COULD POSSIBLY IMPACT THE SURROUNDING NEIGHBORHOODS. I (or your company) would like to address any comments and concerns you may have regarding this proposal. Representatives from the City of Winter Springs have also been invited to attend this meeting. Please call me (or your company) at before the meeting if you have any questions regarding the proposed development. I look forward to meeting you. Sincerely, YOUR NAME TITLE TIPS FOR AN EFFECTIVE PRESENTATION Eight Steps to Preparing a Presentation 1. Develop Objectives Why are you doing this presentation? What results do you want to achieve? 2. Consider the Audience Who will be in attendance? Why do you think they are coming? What are their interests, concerns? 3. Introduction Capture the audience's attention and give them time to tune in on you and other speakers. Set the tone for what is to come. This part of the presentation can establish credibility. 4. State You Main Ideas and Supporting ideas Go from the general ideas to the more specific ideas. 5. State the Benefits Tell your audience the benefits of your objectives. 6. Gather Facts Make sure you put together evidence to support your main ideas. 7. Develop Visuals, Handouts, Notes These materials should complement your presentation and not serve as a distraction. Handouts should be made available following a presentation unless you want the audience to look at them while you are explaining the information. 8. Practice This is critically important for a successful presentation. If you are planning to use equipment, test it before the presentation. Make sure the room is arranged the way you want it. TIPS FOR HANDLING DIFFICULT QUESTIONS/SITUATIONS/CONFRONTATION Be aware that, in you audience, there will probably be people who support your project — and those who don't. There will also be people who have not formed an opinion before coming to the meeting. The goal of your presentation should be to educate the people who haven't made up their minds yet about your project. Once they have the information, they may be in a better position to support your ideas. Arch Lustberg, author of the book "Winning When It Really Counts," is an expert on effective communications. In dealing with confrontation, he suggests winning over your adversaries with reason, courtesy and valuable new facts. His book details the following suggestions regarding confrontation: 1. Pause. Think before you speak. 2. Stay calm and reasonable. 3. Don't get angry and keep control of your temper. 4. Refuse to take any attack personally. 5. Be positive. 6. Give information rather than denials. 7. Be explanatory. Don't succumb to the temptation to argue. 8. Take lots of time and don't run off at the mouth, argue, yell or scream. 9. Be the voice of reason 10. Be the good guy, Mr. or Mrs. Nice. 11. Always assume your audience is smarter that you when it comes to neighborhood issues. CONCLUSION It is the intent of the City of Winter Springs that the Citizen Awareness and Participation Plan (CAPP) be a positive step forward in encouraging and fostering early and effective citizen participation in the development process. City Staff hopes that this handbook, along with out assistance, will prove to be a useful tool in creating the Citizen Awareness and Participation Plan for your project. The City of Winter Springs staff is available to help you through the process of preparing your CAPP. Please feel free to contact the Planning Division at (407) 327-5968 should you have any questions or need additional assistance. WE look forward to working with you! Meeting Type: Regular Meeting Date: 03-04-08 AGENDA Heading Discussion Item 9 No. Coastal High Hazard Area - Amendments AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DRAFT LEGISLATION 2008 DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the Florida Department of Community Affairs draft legislation for 2008. Summary Explanation & Background: There are three proposed drafts that may affect our City: Citizen's Planning Bill of Rights Coastal High Hazard Area - Amendments Urban Growth Policy Discussion item only. Exhibits Attached: (3) Draft Bills City Manager's Office Department LEGISLATIVE k ocuments\admin\council\meeting\2008\03-04-08\DCA.doc CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 2 Amending 163.3174(1); providing that the membership of the local planning agency is separate from 3 the governing body. 4 Amending 163.3174(4); providing that the local planning agency and governing body certify that a 5 comprehensive plan amendment is supported by data and analysis and consistent with the local 6 government's comprehensive plan, the applicable strategic regional policy plan, the state 7 comprehensive plan, and Chapter 163, Part II. 8 Amending 163.3181(1); providing for a local ordinance requiring a neighborhood meeting prior to 9 the filing of a future land use map amendment. 10 Adding 163.3181(5); providing that local governments must adopt a process for citizens to obtain a 11 written certification of the allowable uses on a vacant parcel of land. 12 Amending 163.3184(3); providing standards for neighborhood or community meetings prior to the 13 filing and transmittal of a future land use map amendment. 14 Amending 163.3184(3); providing that local governing bodies may conduct only one transmittal and 15 one adoption hearing per calendar year for all plan amendments, with one additional transmittal and 16 adoption available solely for future land use map amendments within adopted urban service, urban 17 infill, urban redevelopment, and downtown revitalization areas. 18 Amending 163.3184(3); providing that future land use map and associated special area amendments 19 for urban infill, urban redevelopment, downtown revitalization, and urban service areas are subject 20 to expedited review under ss. 163.32465(3)-(6); 21 Amending 163.3184(7); providing that local governments have 90 days (or 120 days for an 22 evaluation and appraisal report based amendment) to adopt a proposed plan amendment, not adopt 23 an amendment, or adopt an amendment with revisions, and that should that timeframe lapse then the 24 amendment is deemed abandoned and may not be adopted during the amendment cycle. 25 Amending 163.3184(15); providing that a local government shall make the plan or plan amendment 26 under consideration available to the public 7 days prior to transmittal and 5 days prior to adoption 27 and disallowing changes to the plan or plan amendment after these times. Page 1 of 12 CODING: Words StFiGkeR are deletions; words underlined are additions. CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 28 Amending 163.3187(1); providing that the transmittal and adoption of comprehensive plan 29 amendments that revise the text of goals, objectives and policies require a supermajority vote with 30 the exception of text amendments that implement an evaluation and appraisal report, amend the 31 schedule or capital improvements, or implement new statutory requirements. 32 Amending 163.3187(1); providing that the adoption of future land use map amendments requires a 33 supermajority vote when the local planning agency has recommended against approval. 34 Amending 163.3187(2); providing a reduction of the number of exceptions from the twice per 35 calendar year plan amendment limitation. 36 Amending 163.3187(3); providing that a small scale development amendment will not go into effect 37 if a copy is not rendered to the state land planning agency as required by s. 163.3187(1)(c)2.b. 38 3 91 163.3174 Local planning agency. 40 (1) The governing body of each local government, individually or in combination as provided in s. 41 163.3171, shall designate and by ordinance establish a "local planning agency," unless the agency is 42 otherwise established by law. Notwithstanding any special act to the contrary, all local planning 43 agencies or equivalent agencies that first review rezoning and comprehensive plan amendments in 44 each municipality and county shall include a representative of the school district appointed by the 45 school board as a nonvoting member of the local planning agency or equivalent agency to attend 46 those meetings at which the agency considers comprehensive plan amendments and rezonings that 47 would, if approved, increase residential density on the property that is the subject of the application. 48 However, this subsection does not prevent the governing body of the local government from 49 granting voting status to the school board member. The governing body may not designate itself as 50 the local planning agency pursuant to this subsection and shall include with the aa-' ie of a 51 nonvoting school board representative. The governing body shall notify the state land planning 52 agency of the establishment of its local planning agency. All local planning agencies shall provide 53 opportunities for involvement by applicable community college boards, which may be accomplished 54 by formal representation, membership on technical advisory committees, or other appropriate means. 55 The local planning agency shall prepare the comprehensive plan or plan amendment after hearings to 56 be held after public notice and shall make recommendations to the governing body regarding the Page 2 of 12 CODING: Words strie�n are deletions; words underlined are additions. %, V CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 57 adoption or amendment of the plan. The agency may be a local planning commission, the planning 58 department of the local government, or other instrumentality, including a countywide planning entity 59 established by special act or a council of local government officials created pursuant to s. 163.02, 60 provided the composition of the council is fairly representative of all the governing bodies in the 61 county or planning area; however: 62 (4) The local planning agency shall have the general responsibility for the conduct of the 6 3 comprehensive planning program. Specifically, the local planning agency shall: 64 (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and 65 shall make recommendations to the governing body regarding the adoption or amendment of such 66 plan. During the preparation of the plan or plan amendment and prior to any recommendation to the 67 governing body, the local planning agency shall hold at least one public hearing, with public notice, 68 on the proposed plan or plan amendment. The governing body in cooperation with the local planning 6.9 agency may designate any agency, committee, department, or person to prepare the comprehensive 70 plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment 71 to the governing body shall be the responsibility of the local planning agency. The local planning 72 agency must certify to the governing body and the governing body must affirm that a proposed 73 comprehensive plan or plan amendment is supported by relevant data and analysis and that the plan 74 or plan amendment is consistent with the local government's comprehensive plan the applicable 75 strategic regional policy plan the state comprehensive plan and this part 76 77 163.3181 Public participation in the comprehensive planning process; intent; alternative 78 dispute resolution. - 79 (1) It is the intent of the Legislature that the public participate in the comprehensive planning 80 process to the fullest extent possible. Towards this end, local planning agencies and local 81 governmental units are directed to adopt procedures designed to provide effective public 82 participation in the comprehensive planning process and to provide real property owners with 83 notice of all official actions which will regulate the use of their property. Each local government 84 shall adopt by ordinance requirements for the holding of a community or neighborhood meeting 85 prior to the filing of applications for future land use map amendments consistent with the Page 3 of 12 CODING: Words &#4:iekee are deletions; words underlined are additions. v CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 . 86 provisions of s. 163.3184(3). The provisions and procedures required in this act are set out as 87 the minimum requirements towards this end. 88 (5) Every local government shall, by December 31 2008 establish by ordinance a process by 89 which any person can obtain a written certification of the uses that are allowable under the local 90 comprehensive plan on any vacant parcel within the government's jurisdiction 91 163.3184 Process for adoption of comprehensive plan or plan amendment. -- 92 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR AMENDMENT. - 93 (a) Prior to the filing of an application for an amendment to the future land use map the applicant 94 shall conduct a noticed community or neighborhood meeting to present discuss and solicit public 95 comment on the proposed map amendment. The meeting shall be noticed and conducted in 96 accordance with the local government's adopted regulations for such meetings and shall be held at 97 least 30 days before the filing of the application for the amendment The application shall contain a 98 written certification or verification that the meeting has been held and that the required notice was 99 given. At least 15 days before the local governing body holds a transmittal hearing on a proposed 100 map amendment, the applicant shall conduct a second noticed community or neighborhood meeting 101 to present and discuss the map amendment application as filed including any changes made to the 102 proposed amendment following the first community or neighborhood meeting Prior to the 103 transmittal hearing, the applicant shall file with the local government a written certification or 104 verification that the second meeting has been held and noticed in accordance with the local 105 government's adopted regulations for such meetings This section shall be applicable to every 106 application for a map amendment filed after the effective date of this law. 107 (bj A local governing body shall not transmit portions of a plan or plan amendment unless it has 108 previously provided to all state agencies designated by the state land planning agency a complete 109 copy of its adopted comprehensive plan pursuant to subsection (7) and as specified in the agency's 110 procedural rules. In the case of comprehensive plan amendments, the local governing body shall 111 transmit to the state land planning agency, the appropriate regional planning council and water 112 management district, the Department of Environmental Protection, the Department of State, and the 113 Department of Transportation, and, in the case of municipal plans, to the appropriate county and, in 114 the case of county plans, to the Fish and Wildlife Conservation Commission and the Department of 115 Agriculture and Consumer Services the materials specified in the state land planning agency's Page 4 of 12 CODING: Words step are deletions; words underlined are additions. �i CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 116 procedural rules and, in cases in which the plan amendment is a result of an evaluation and appraisal 117 report adopted pursuant to s. 163.3191, a copy of the evaluation and appraisal report. Local 118 governing bodies shall conduct only one transmittal hearing and one adoption hearing for plan 119 amendments during each calendar year and shall consolidate all proposed plan amendments into a 120 single submission for eaeh e€ the twe plan amendment adoption dates during the calendar year 121 pursuant to s. 163.3187. Local governing bodies may conduct one additional transmittal hearing and 122 one additional adoption bearing during each calendar Year solely for future land use map 123 amendments and special area policies associated with those amendments for land within adopted 124 urban infill development areas, urban redevelopment areas, downtown revitalization areas and 125 urban service areas. All future land use map amendments and special area policies associated with 126 those amendments for land within adopted urban infill development areas urban redevelopment 127 areas, downtown revitalization areas, and urban service areas shall be subject to the expedited 128 review process in ss. 163.32465(3)-(6). 129 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN OR 130 AMENDMENTS AND TRANSMITTAL. -- 131 (a) The local government shall review the written comments submitted to it by the state land 132 planning agency, and any other person, agency, or government. Any comments, recommendations, 133 or objections and any reply to them shall be public documents, a part of the permanent record in the 134 matter, and admissible in any proceeding in which the comprehensive plan or plan amendment may 135 be at issue. The local government, upon receipt of written comments from the state land planning 136 agency, shall have 120 days to adopt or adopt with changes the proposed comprehensive plan or plan 137 update based on its evaluation and appraisal report adopted pursuant to s. 163.3191 plaft 138 amendment -a. In the case of comprehensive plan amendments other than those proposed pursuant to 139 s. 163.3191, the local government shall have 90 68 days to adopt the amendment, adopt the 140 amendment with changes, or determine that it will not adopt the amendment. The adoption of the 141 proposed plan or plan amendment or the determination not to adopt a plan amendment, other than a 142 plan amendment proposed pursuant to s. 163.3191, shall be made in the course of a public hearing 143 pursuant to subsection (15). If a local government fails to adopt the comprehensive plan or plan 144 amendment within the applicable timeframe set forth in this subsection, the plan or plan amendment 145 shall be deemed abandoned and the plan or plan amendment may not be considered until the next 146 available amendment cycle pursuant to ss. 163.3184 and 163.3187. The local government shall 147 transmit the complete adopted comprehensive plan or plan amendment, including the names and Page 5 of 12 CODING: Words s#ice are deletions; words underlined are additions. C�> CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 148 addresses of persons compiled pursuant to paragraph (I 5)(c), to the state land planning agency as 149 specified in the agency's procedural rules within 10 working days after adoption. The local 150 governing body shall also transmit a copy of the adopted comprehensive plan or plan amendment to 151 the regional planning agency and to any other unit of local government or governmental agency in 152 the state that has filed a written request with the governing body for a copy of the plan or plan 153 amendment. 154 (15) PUBLIC HEARINGS. — 15 5 (b) The local governing body shall hold at least two advertised public hearings on the proposed 156 comprehensive plan or plan amendments as follows: 157 1. The first public hearing shall be held at the transmittal stage pursuant to subsection 158 (3). It shall be held on a weekday at least 7 days after the day that the first advertisement was 159 published. The proposed comprehensive plan or plan amendment to be considered at the hearing 160 must be available to the public at least 7 days before the hearing including through the local 161 government's website if one is maintained The proposed comprehensive plan amendment may not 162 be altered during the 7 days prior to the hearing. If the amendment is altered during this time period 163 or at the public hearing, the public hearing shall be continued and reset to comply with the 7 -day 164 requirement. 165 2. The second public hearing shall be held at the adoption stage pursuant to subsection 166 (7). It shall be held on a weekday at least 5 days after the day that the second advertisement is 167 published. The comprehensive plan or plan amendment to be considered for adoption must be 168 available to the public at least 5 days before the hearing including through the local government's 169 website if one is maintained The proposed comprehensive plan amendment may not be altered 170 during the 5 days prior to the hearing. If the amendment is altered during this time period or at the 171 public hearing, the public hearing shall be continued and reset to comply with the 5 -day requirement 172 163.3187 Amendment of adopted comprehensive plan. -- 173 M Comprehensive plan amendments may be adopted by simple maiority vote of the governing 174 body of the local government except as follows: Page 6 of 12 CODING: Words stricken are deletions; words underlined are additions. v CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 175 (a) A supermaiority vote of the governing body of the local government is required to adopt a 176 future land use map amendment if the local planning agency recommends to the governing body 177 that the amendment not be adopted, and 178 (b) A supermaiority vote of the governing body is required to adopt any text amendment except for 179 special area policies associated with a future land use map amendment those text amendments that 180 amend the schedule of capital improvements, implement recommendations in an evaluation and 181 appraisal report, or are required to implement a new statutory requirement. 182 (2) 04 Amendments te eempfehensive plans adepted pur-suant te this paA may be made not mer -e 183 than t e times a ng any ealend^r year, exeept-.Notwithstanding the frequency limitations in s. 184 163.3184(3)(c), the following types of amendments may by e adopted at anv time during the calendar 185 year: 186 (a) In the case of an emergency, comprehensive plan amendments may be made more often than 187 once #tee during the calendar year if the additional plan amendment receives the approval of all of 188 the members of the governing body. 'Emergency" means any occurrence or threat thereof whether 189 accidental or natural, caused by humankind, in war or peace, which results or may result in 190 substantial injury or harm to the population or substantial damage to or loss of property or public 191 funds. 192 (b) Any local government comprehensive plan amendments directly related to a proposed 193 development of regional impact, including changes which have been determined to be substantial 194 deviations and including Florida Quality Developments pursuant to s. 380.061, may be initiated by a 195 local planning agency and considered by the local governing body at the same time as the 196 application for development approval using the procedures provided for local plan amendment in 197 this section and applicable local ordinances, without regard to statutory or local ordinance limits on 198 the frequency of consideration of amendments to the local comprehensive plan. Nothing in this 199 subsection shall be deemed to require favorable consideration of a plan amendment solely because it 200 is related to a development of regional impact. 201 (c) Any local government comprehensive plan amendments directly related to proposed small scale 202 development activities may be approved without regard to statutory limits on the frequency of 203 consideration of amendments to the local comprehensive plan. A small scale development 204 amendment may be adopted only under the following conditions: Page 7 of 12 CODING: Words striekep are deletions; words underlined are additions. CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 2051 1. The proposed amendment involves a use of 10 acres or fewer and: 2 0 6 a. The cumulative annual effect of the acreage for all small scale development amendments adopted 207 by the local government shall not exceed: 208 (I) A maximum of 120 acres in a local government that contains areas specifically designated in the 209 local comprehensive plan for urban infill, urban redevelopment, or downtown revitalization as 210 defined in s. 163.3164, urban infill and redevelopment areas designated under s. 163.2517, 211 transportation concurrency exception areas approved pursuant to s. 163.3 180(5), or regional activity 212 centers and urban central business districts approved pursuant to s. 380.06(2)(e); however, 213 amendments under this paragraph may be applied to no more than 60 acres annually of property 214 outside the designated areas listed in this sub -sub -subparagraph. Amendments adopted pursuant to 215 paragraph (k) shall not be counted toward the acreage limitations for small scale amendments under 216 this paragraph. 217 (II) A maximum of 80 acres in a local government that does not contain any of the designated areas 218 set forth in sub -sub -subparagraph (I). 219 (III) A maximum of 120 acres in a county established pursuant to s. 9, Art. VIII of the State 220 Constitution. 221 b. The proposed amendment does not involve the same property granted a change within the prior 12 222 months. 223 c. The proposed amendment does not involve the same owner's property within 200 feet of property 224 granted a change within the prior 12 months. 225 d. The proposed amendment does not involve a text change to the goals, policies, and objectives of 226 the local government's comprehensive plan, but only proposes a land use change to the future land 227 use map for a site-specific small scale development activity. 228 e. The property that is the subject of the proposed amendment is not located within an area of critical 229 state concern, unless the project subject to the proposed amendment involves the construction of 230 affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of 231 critical state concern designated by s. 380.0552 or by the Administration Commission pursuant to s. 232 380.05(1). Such amendment is not subject to the density limitations of sub -subparagraph f., and shall Page 8 of 12 CODING: Words etFiGkeR are deletions; words underlined are additions. VI I CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 233 be reviewed by the state land planning agency for consistency with the principles for guiding 234 development applicable to the area of critical state concern where the amendment is located and 235 shall not become effective until a final order is issued under s. 380.05(6). 236 f. If the proposed amendment involves a residential land use, the residential land use has a density 237 of 10 units or less per acre or the proposed future land use category allows a maximum residential 238 density of the same or less than the maximum residential density allowable under the existing future 239 land use category, except that this limitation does not apply to small scale amendments involving the 240 construction of affordable housing units meeting the criteria of s. 420.0004(3) on property which 241 will be the subject of a land use restriction agreement, or small scale amendments described in sub- 242 ub- 242 sub -subparagraph a.(I) that are designated in the local comprehensive plan for urban infill, urban 243 redevelopment, or downtown revitalization as defined in s. 163.3164, urban infill and redevelopment 244 areas designated under s. 163.2517, transportation concurrency exception areas approved pursuant to 245 s. 163.3180(5), or regional activity centers and urban central business districts approved pursuant to 246 s. 380.06(2)(e). 247 2.a. A local government that proposes to consider a plan amendment pursuant to this paragraph is 248 not required to comply with the procedures and public notice requirements of s. 163.3184(15)(c) for 249 such plan amendments if the local government complies with the provisions in s. 125.66(4)(a) for a 250 county or in s. 166.041(3)(c) for a municipality. If a request for a plan amendment under this 251 paragraph is initiated by other than the local government, public notice is required. 252 b. The local government shall send copies of the notice and amendment to the state land planning 253 agency, the regional planning council, and any other person or entity requesting a copy. This 2S4 information shall also include a statement identifying any property subject to the amendment that is 255 located within a coastal high -hazard area as identified in the local comprehensive plan. 256 3. Small scale development amendments adopted pursuant to this paragraph require only one public 257 hearing before the governing board, which shall be an adoption hearing as described in s. 258 163.3184(7), and are not subject to the requirements of s. 163.3184(3)-(6) unless the local 259 government elects to have them subject to those requirements. 260 4. If the small scale development amendment involves a site within an area that is designated by the 261 Governor as a rural area of critical economic concern under s. 288.0656(7) for the duration of such 262 designation, the 10 -acre limit listed in subparagraph 1. shall be increased by 100 percent to 20 acres. Page 9 of 12 CODING: Words str+c-keR are deletions; words underlined are additions. %I V CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 263 The local government approving the small scale plan amendment shall certify to the Office of 264 Tourism, Trade, and Economic Development that the plan amendment furthers the economic 2G5 objectives set forth in the executive order issued under s. 288.0656(7), and the property subject to 2 6 6 the plan amendment shall undergo public review to ensure that all concurrency requirements and 2 6 7 federal, state, and local environmental permit requirements are met. 2 6 8 (d) Any comprehensive plan amendment required by a compliance agreement pursuant to s. 2 6 9 163.3184(16) may be approved without regard to statutory limits on the frequency of adoption of 270 amendments to the comprehensive plan. 271 272 amendment may be made at any time and does not eount tewar-d the limitation on the ffeEltieney ef 273 plan amendments. 274 (e) (4) Any comprehensive plan amendment that changes the schedule in the capital improvements 275 element, and any amendments directly related to the schedule, maybe made once in a calendar year 276 on a date different from the one two times provided in this subsection when necessary to coincide 277 with the adoption of the local government's budget and capital improvements program. 278 279 280 statmukwy limits on the ffequeney of eensider-a4ion of amendments to the losal eempreheasive plan. 281 (hiD Any comprehensive plan amendments for port transportation facilities and projects that are 282 eligible for funding by the Florida Seaport Transportation and Economic Development Council 283 pursuant to s. 311.07. 284 (i) A eempr-ehensive plan afnendment for- the pur-pase ef designating an UFban infill and 285regard 2 8 6 en c F aniand tints to the oe 1 i fra�µ �) „Nivuv�rurra��rccrr. 287 (j) Any eemprehensive plan afnendment to establish publie seheei eenrsuFFeney pursuant te S. 288 163 2180(12)' inol iding, but not -limited toy-tadeptien of a ublie se -heel r ..iliiies -.7`..........., and 289 290 291 within a eetinty, Page 10 of 12 CODING: Words stri&er► are deletions; words underlined are additions. v CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 292 293 1 - ants to enha-nGe life safeb, on Gentr-olled Aeeess Major- Aftefial Highways identified in the 294 , where sueh r-aa&,ays have 295 a high inoidenee of tT-affie aeeidents r-esulting in . I . y or- death. Affiy sueh amendment shall 296 297 use map nor- any amendment fnedifying the allowable densities or- intensities of any 1 298 (1) S. 299 300 . 301 (Ffl) A eempr-ehensive plan amendment that addfesses rr-iterf-ia or- eempatibility E)f land uses adjarefit 302 te E)r- in elese pr-eximity to militaiy installations in I I — iment's future land use element does 3 0 4 g) (n) Any local government comprehensive plan amendment establishing or implementing a rural 305 land stewardship area pursuant to the provisions of s. 163.3177(11)(d) or a sector plan pursuant to 306 the provisions of s. 163.3245. 307 308 309 310 ,,d,,ptio,, „f.,..,a..a.. eats to the eempr-ehensiveplan. 311 0 312 . 313 (h) Any local government comprehensive plan amendment adopted pursuant to -a Final Order 314 issued by the Administration Commission or Florida Land and Water Adjudicatory Commission. 315 (i) A future land use map amendment including not more than 20 acres within an area 316 designated by the Governor as a rural area of critical economic concern under s. 288.0656(7) for the 317 duration of such designation. Prior to the adoption of such an amendment, the local government shall 318 obtain from the Office of Tourism, Trade, and Economic Development written certification that the 319 plan amendment furthers the economic objectives set forth in the executive order issued under s. Page 11 of 12 CODING: Words stric-I-efl are deletions; words underlined are additions. Cy� 32C 321 322 323 324 325 326 327 328 329 330 331 CITIZEN'S PLANNING BILL OF RIGHTS Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 01-18-08 288.0656(7). The prope subject to the plan amendment is subject to all concurrency requirements and federal, state, and local environmental permit requirements. (1) Future land use map amendments and any associated special area policies that are for affordable housiniz and qualify for expedited review under s. 163.3183. (3)(c) Small scale development amendments shall not become effective until 31 days after adoption. If challenged within 30 days after adoption, small scale development amendments shall not become effective until the state land planning agency or the Administration Commission, respectively, issues a final order determining the adopted small scale development amendment is in compliance. However, a small scale amendment shall not become effective if the local izovernment has failed to provide the amendment to the state land planning agency as required by s. 163.3187(1)(c)2.b. Page 12 of 12 CODING: Words -stkken are deletions; words underlined are additions. M DRAFT COASTAL HIGH HAZARD AREA DRAFT 1-16.08 1 I 163.3178 Coastal management. -- 2 (1)(h) Designation of coastal high -hazard areas and the criteria for mitigation for a 3 comprehensive plan amendment in a coastal high -hazard area as defined in subsection (9). The 4 coastal high -hazard area is the area seaward of beleA the elevation of the category 1 storm surge 5 line as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized 6 storm surge model. Application of mitigation and the application of development and 7 redevelopment policies, pursuant to s. 380.27(2), and any rules adopted thereunder, shall be at 8 the discretion of local government. 9 (9)(a) Local governments may elect to comply with rule 9J -5.012(3)(b)6. and 7., Florida 10 Administrative Code, through the process provided in this section. A proposed comprehensive 11 plan amendment may be determined to be shall be found in compliance with state coastal high - 12 hazard provisions pursuant to rule 9J -5.012(3)(b)6. and 7., Florida Administrative Code, if: 13 1. The area subject to the amendment is not within a designated area of critical state concern 14 and does not include FEMA velocity zones, areas subject to coastal erosion lands seaward of the 15 coastal construction control line, areas above the elevation of the category 1 storm surge that are 16 isolated by surrounding areas that are below the elevation or areas subject to repetitive damage 17 from coastal storms and floods. 18 2. The local government has adopted as a part of its comprehensive plan hazard mitigation 19 strategies that reduces, replaces or eliminates unsafe structures and properties subject to 20 repetitive damage from coastal stornis and floods measures to reduce exposure to hazards 21 including relocation, structural modification of threatened coastal infrastructure provides for 22 operational or capacity improvements to maintain hurricane evacuation clearance times within 23 established limits, includes a post disaster redevelopment plan and prohibits public expenditures 24 that subsidize development within the coastal high hazard area. 25 3. 4-. The adopted level of service for out -of -county hurricane evacuation is maintained for a 26 category 5 storm event as measured on the Saffir-Simpson scale provided that the adopted out - 27 of- county hurricane evacuation clearance time docs not exceed 16 hours and is based upon the 28 time necessary to reach shelter space; 2 9 I 4.2- A 12 -hour evacuation time to shelter is maintained for a category 5 storm event as Page 1 of 2 CODING: Words striGken are deletions; words underlined are additions. i3� 3 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 11 DRAFT COASTAL HIGH HAZARD AREA DRAFT 1-16-08 measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by a proposed comprehensive plan amendment is available; or 5.3-: Appropriate mitigation is provided that will satisfy the provisions of subparagraph 1. or subparagraph 2. Appropriate mitigation shall include, without limitation, payment of money, contribution of land, and construction of hurricane shelters and transportation facilities. Required mitigation shall not exceed the amount required for a developer to accommodate impacts reasonably attributable to development. A local government and a developer shall enter into a binding agreement to memorialize the mitigation plan. (b) For those local governments that have not established a level of service for out -of -county hurricane evacuation by July 1, 2008, but elect to comply with rule 9J -5.012(3)(b)6. and 7., Florida Administrative Code, by following the process in paragraph (a), the level of service shall be no greater than 16 hours for a category 5 storm event as measured on the Saffir-Simpson scale. (c) This subsection shall become effective immediately and shall apply to all local governments. No later than July 1, 2008, local governments shall amend their future land use map and coastal management element to include the new definition of coastal high -hazard area and to depict the coastal high -hazard area on the future land use map. Page 2 of 2 CODING: Words ekrie-ken are deletions; words underlined are additions. v URBAN GROWTH POLICY Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 11-26-07 2 Amending 163.3164; adding a definition for "urban development area". 3 Amending 163.3164(35), adding a definition for "area -wide gross densities or intensities". 4 Amending 163.3177(6)(a), by reformatting the paragraph. 5 Amending 163.3177(6)(a)2, by creating a new sub -paragraph which clarifies how densities or 6 intensities are to be used and adding three new requirements: discouragement of urban sprawl; 7 energy efficient land use patterns; and, greenhouse gas reduction strategies. 8 Amending 163.3177(6)(a)5, by creating a new sub -paragraph to describe the purpose of urban 9 development areas. 10 Amending 163.3177(6)(a)5.i, by creating a new sub -paragraph to identify those local governments 11 which must establish urban development areas by July, 2011, and those local governments where 12 designating an urban development area is optional. 13 Amending 163.3177 (6)(a)5.ii, by creating a new sub -paragraph requiring the use of minimum and 14 maximum net densities and intensities, and area -wide gross densities and intensities. 15 Amending 163.3177(6)(a)5.iii., by creating a new sub -paragraph requiring goals, objectives, and 16 policies for urban development areas. 17********************�x************************�x***** 18 163.3164 Local Government Comprehensive Planning and Land Development Regulation 19 Act; definitions. --As used in this act: 20 (34) "Urban development area" means an area that coincides with the urban area delineated by the 21 U.S. Census in the latest decennial census of population. This area may be expanded only if 22 necessary to accommodate ten years of residential growth based on the area -wide gross density 23 standard The urban development area shall not include areas where centralized water and sewer 24 services do not exist or are not planned to be available within the next five years; areas within the 25 Category 3 hurricane evacuation zone,• any other hazard vulnerability zones or environmentally 26 sensitive lands identified by the comprehensive plan; or areas identified for neighborhood 27 preservation in the comprehensive plan. 28 (35) "Area -wide gross densities or intensities" means the average density or intensity for a 29 specified geographic area For the density measure all residentially developable lands in the 30 specified geographic area shall be included For the intensity measure all non -residentially 31 developable lands in the specified geographic area shall be included. Land with mixed use land uses 32 that allow residential and non-residential uses shall be included for both the density and intensity 33 measures The measurement shall exclude un -developable lands such as public road right-of-ways, 34 surface waters and environmentally sensitive lands that are preserved in perpetuity. Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. URBAN GROWTH POLICY Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 11-26-07 351 163.3177 Required and optional elements of comprehensive plan; studies and Surveys. -- 36 (6) In addition to the requirements of subsections (l)-(5) and (12), the comprehensive plan shall 37 include the following elements: 38 (a) A future land use plan element designating proposed future general distribution, location, and 39 extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, 40 conservation, education, public buildings and grounds, other publ is facilities, and other categories of 41 the public and private uses of land. Counties are encouraged to designate rural land stewardship 42 areas, pursuant to the provisions of paragraph (I 1)(d), as overlays on the future land use map. 43 1. Each future land use category must be defined in terms of uses included, and must include 44 standards to be followed in the control and distribution of population densities and building and 45 structure intensities. The proposed distribution, location, and extent of the various categories of land 46 use shall be shown on a land use map or map series which shall be supplemented by goals, policies, 47 and measurable objectives. 48 2. The future land use plan shall be based upon surveys, studies, and data regarding the area, 49 including the amount of land required to accommodate anticipated growth throughout the local 50 government Jurisdiction based on maximum allowable densities and intensities except as provided for 51 in urban development areas; the projected population of the area; the character of undeveloped land; 52 the availability of water supplies, public facilities, and services; the need for redevelopment, including 53 the renewal of blighted areas and the elimination of nonconforming uses which are inconsistent with 54 the character of the community; the compatibility of uses on lands adjacent to or closely proximate to 55 military installations; the discouragement of urban sprawl; energy efficient land use patterns; 56 greenhouse pas reduction strategies; and, in rural communities, the need for job creation, capital 57 investment, and economic development that will strengthen and diversify the community's economy. 58 These analyses shall be based on the maximum allowable densities and intensities except as provided 59 for in urban development areas. 60 3. The future land use plan may designate areas for future planned development use involving 61 combinations of types of uses for which special regulations may be necessary to ensure development 62 in accord with the principles and standards of the comprehensive plan and this act. 63 4. The future land use plan element shall include criteria to be used to achieve the compatibility of 64 adjacent or closely proximate lands with military installations. 65 5 In order for Florida's urban communities to provide for higher densities and intensities of land use 66 and a range of transportation alternatives essential to satisfy mobility needs, reduce congestion, and 67 achieve healthy, vibrant centers urban development areas shall be established by certain local 68 governments within their comprehensive plans and may as an option be identified by other local 69 governments within their comprehensive plans. 70 i No later than July 1 2011 the following counties and affected municipalities within those counties 71 shall establish urban development areas for those portions of their jurisdictions containing land that is 72 consistent with the definition for urban development area: Miami -Dade, Broward; Palm Beach; Page 2 of 4 CODING: Words striskefl are deletions; words underlined are additions. 73 74 75 76 77 78 79 80 81 82 83 921 93' 94 95 1 99 100 101 102 103 104 105 106 107 108 109 110 111 URBAN GROWTH POLICY Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 11-26-07 option, establish urban development areas for those areas. ii. Within urban development areas the future land use element shall establish minimum and maximum net densities and net intensities and area -wide gross density and intensity standards for the entire area or sub -areas. These densities and intensities shall promote complementary mix and range of land uses,• a balanced�iobs to housing ratio. expansion of public transit throughout the urban development area,• affordable and workforce housing, and preservation of designated neighborhoods. Land use transportation, and public facility planning in support -of 121an amendments shall be based on the area -wide gross densities and intensities. Comprehensive plan amendments that increase density and intensity within urban development areas are encouraged. iii. Within urban development areas the future land use element shall includeoag ls, objectives and policies to provide for mixed use development: infill, redevelopment and downtown revitalization, transit oriented development within designated corridors and activity centers, affordable and workforce housing; and the preservation of designated neighborhoods. 6. In addition, for rural communities, the amount of land designated for future planned industrial use shall be based upon surveys and studies that reflect the need for job creation, capital investment, and the necessity to strengthen and diversify the local economies, and shall not be limited solely by the projected population of the rural community. 7. The future land use plan of a county may also designate areas for possible future municipal incorporation. 8. The land use maps or map series shall generally identify and depict historic district boundaries and shall designate historically significant properties meriting protection. 9. For coastal counties, the future land use element must include, without limitation, regulatory incentives and criteria that encourage the preservation of recreational and commercial working waterfronts as defined in s. 342.07. 10. The future land use element must clearly identify the land use categories in which public schools are an allowable use. When delineating the land use categories in which public schools are an allowable use, a local government shall include in the categories sufficient land proximate to residential development to meet the projected needs for schools in coordination with public school boards and may establish differing criteria for schools of different type or size. Each local government shall include lands contiguous to existing school sites, to the maximum extent possible, within the land use categories in which public schools are an allowable use. The failure by a local government to comply with these school siting requirements will result in the prohibition of the local government's ability to amend the local comprehensive plan, except for plan amendments described in s. 163.3187(1)(b), until the school siting requirements are met. Amendments proposed by a local government for purposes of identifying the land use categories in which public schools are an allowable use are exempt from the I imitation on the frequency of plan amendments contained in s. 163.3187. The future land use element shall include criteria that encourage the location of schools Page 3 of 4 CODING: Words stfiGkea are deletions; words underlined are additions. 112 113 114 115 116 117 118 119 120 121 122 123 URBAN GROWTH POLICY Prepared for Discussion Purposes Does Not Represent an Agency Position or Recommendation DRAFT 11-26-07 proximate to urban residential areas to the extent possible and shall require that the local government seek to collocate public facilities, such as parks, libraries, and community centers, with schools to the extent possible and to encourage the use of elementary schools as focal points for neighborhoods. For schools serving predominantly rural counties, defined as a county with a population of 100,000 or fewer, an agricultural land use category shall be eligible for the location of public school facilities if the local comprehensive plan contains school siting criteria and the location is consistent with such criteria. 11. Local governments required to update or amend their comprehensive plan to include criteria and address compatibility of adjacent or closely proximate lands with existing military installations in their future land use plan element shall transmit the update or amendment to the department by June 30, 2006. Page 4 of 4 CODING: Words st 4ee are deletions; words underlined are additions. Meeting Type: Regular Meeting Date: 03-04-08 AGENDA REPORT AGENDA Heading Discussion item 10 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: TEMPORARY OFF -PREMISES SIGNS DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Roberts requested a discussion item on allowing temporary off -premises signs as a means.to help businesses due to the poor economy. Summary Explanation & Background: Attached is the existing Code Section 94-81, Temporary Off -Premises Signs. Please advise. Exhibits Attached: Code Section 94-81 City Manager's Office Department LEGISLATIVE cape -n kim c ents\admin\coun it\meetinn\9MR\ 2-na_no��; ARTICLE III. SIZE, LOCATION AND CONSTRUCTION Sec. 94-81. Temporary off -premises signs. Page 1 of 2 (a) There shall be a limit of one sign per business or activity erecting a temporary off -premises sign. (b) Temporary off -premises signs may be erected only by the following: (1) A housing project or subdivision within the city consisting of ten or more residential units; (2) Any new business opening within the city; or (3) A charitable, educational or religious institution as defined in section 70-66, conducting a special event. (c) Any such sign is limited in size to 50 square feet per face and may be double faced. It shall be constructed of sturdy materials as approved by the building official. There shall be no illumination of any sort provided specifically for the sign. (d) The signs may be erected 30 days prior to the opening of a new business or construction of a new housing project and shall be removed no later than 30 days after the opening or after housing construction has stopped. Stoppage of construction shall be defined as the issuance of a certificate of occupancy (final or temporary), or the construction has been abandoned (ceased) for a period of three months. (e) In the case of a public interest sign, a sign may be erected no more than once per year, and must be removed no later than five days after the special event has concluded. A public interest sign, however, may not be erected for more than a total of 30 days. (f) Signs restrictions along the following corridors are as follows: Location and Placement for Temporary Signs TABLE INSET: Street Minimum Setback from Right -of -Way Maximum Height Astronaut Boulevard(SR A1A) 50 feet 15 feet Old State Road 401 10feet 8 feet Ridgewood Avenue 10 feet 8 feet i nese restrictions affect properties adjacent to these streets with the exception of any R-1 zoning districts. (g) The written consent of the property owner must accompany each application for sign permit. The agent for the owner will verify in writing the authority to execute a consent form. (h) A construction sign (two only) may be erected one by the primary contractor of a project, and one to include all sub -contractors of a project, after the issuance of a building permit as required in table 94-96-1. (1) Construction signs shall be confined to the site of construction and shall not be placed in any right-of-way or visibility triangle. (2) All construction signs shall be removed prior to the issuance of a certificate of occupancy or completion. (3) All construction signs shall contain contractors licensing information. http://library l .municode.com/default/DocView/12642/1 /175/178 2/13/2008 Meeting Type: Regular Meeting Date: 03-04-08 AGENDA Heading Discussion Item 11 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CENTRAL CANAL AREA DEPT/DIVISION: LEGISLATIVE Requested Action: Council Member Nicholas requested that City Council discuss the Central Canal area - name, maintenance activities and proposed projects Summary Explanation & Background: Status report from staff is attached. Please advise. Exhibits Attached: Staff Status Report dated 02-13-08 City Manager' ffice Department LEGISLATIVE 6p --n kim\ nts\admin\council\meeting\2008\03-04-08\canal.doc To: Bennett Boucher — City Manager Through: Walter Bandish — Acting Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: February 13, 2008 Re: Agenda Item — February 19, 2008 Meeting Central Canal Stormwater Improvements Status report on the canal: Canal Nomenclature: • Regulatory agencies (FDEP, SJRWMD, Brevard County, etc.) were contacted — FDEP provided historical documents — there isn't a formal name for the canal that has been consistently used through the years. Current Canal Maintenance Activities: • Quarterly mowing of selected canal bank areas (east side only) — does not include to water's edge and does not include to SR Al (adjacent to Wendy's). • West side of canal is private property — not currently maintained. • Canal sprayed for mosquitoes by Brevard County semi-annually. • No current herbicide spraying for aquatic weeds. • Inmate crew cleans areas adjacent to Central Boulevard semi-annually. Proposed Canal Maintenance Activities (in newly revised rebid documents): • Mowing of entire length of east side of canal - uplands areas and to water's edge and to SR A 1 A — eight times per year (some hand work will be required). • Ditch sprayed for mosquitoes by Brevard County semi-annually. • Herbicide spraying for aquatic weeds entire length of canal - quarterly. • Inmate crew used as needed. Future Work On the Canal: • Set aside specific amount of funds (e.g., $30,000) annually from stormwater fund to clean up canal north of West Central Boulevard; • Entire intersection area to be "spruced up" with available grant funds and City funds (if necessary). Baffle Box Project Status: • Mega -baffle box to be installed — currently including FDEP review comments in final construction drawings. • SJRWMD stormwater permit application and bid documents currently in preparation. 0 Page 2