The URL can be used to link to this page

Home My WebLink AboutPacket 11-15-2005 RegularV of Cape Canaveral REGULAR MEETING TALL ANNEX Cape Canaveral, Florida JESDAY November 15, 2005 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Brevard County Sheriff's Office to present Award to Local Business in their Support of Hurricane Katrina. OLD BUSINESS: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 1, 2005. CONSIDERATIONS: 2. Motion to Approve: Renewal of Group Medical, Dental, Vision and Life Insurance. PRESENTATION: Burt Bruns OATH OF OFFICE: Robert E. Hoog, City Council Member Leo Nicholas, City Council Member 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 City of Cape Canaveral ovember 16, 2005 John Johanson 310 Adams Ave. Cape Canaveral, FL 32920 RE: Preliminary Re -plat of Beachside Townhomes 2nd Addition, John Johanson, Applicant. Dear Mr. Johanson: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on November 15, 2005. • Based on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Beachside Townhomes 2nd. Addition. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney 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 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and IP+4 in this box • au OF CAPE CANAVEF1AL 105 Polk Avenue P. O. Box 326 Cape Canaveral, FL 32920 ENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: c�ON,/ i'a-,Vs£rrJ /o Ade—mS.A , CAPE" eA-A/.PvtRAL 2.9 2 to COMPLETE THIS SECTION ON DELIVERY A. Si. -cure X ❑ Agent ❑ Addresse C. Dat: of Deliv r D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No mice Type Certified Mail ❑ egistered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Article Number (Transfer from service label) 7005 0390 0005 465 0327 ,S Fnrm RR11 FPhrlrani 9nna rinmactin Rofi,rn Racaint t n9ror._n9_M_t !".L �. e • I TM u ri j r1 j j A 1 1 1 CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms FF C Postage Certified Fee Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees EWAN MEW MIEN mwsp, Sent To___ JahA So"— Street, Apt. No.; !or PO Box No. 3!(j �da.r"S City, State, ZIP+4 CAeL CA Alit 62,21,, FC 3.272-o Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years ■ pCertifierdReminders: ai may ONLY be combined with First -Class Mail® or Priority Mai ■ Certified Mail is not available for any class of international mall. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. F valuables, please consider Insured or Registered Mall. ■ For an additional fee, a Retum Receipt may be requested to provide proof delivery. To obtain Retum Receipt service, please complete and attach a Retui Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse malipiece 'Retum Receipt Requested". To receive a fee waiver fc a duplicate return receipt, a USPS® postmark on your Certified Mail receipt I required. ■ For an additional fee, delivery may be restricted to the addressee addressee's authorized agent. Advise the clerk or mark the mailpiece with th endorsement "Restricted Delivery. ■ If a postmark on the Certified Mail receipt Is desired, please present the art cle at the post office for postmarking. If a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mail. MPORTANT: Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail Iddressed to APOs and FPOs. (eslana& ZOOZ aunt'ooac WJo: S November 16, 2005 John Johanson 310 Adams Ave. Cape Canaveral, FL 32920 RE: City of Cape Canaveral Preliminary Re -plat of Beachside Townhomes 2nd Addition, John Johanson, Applicant. Dear Mr. Johanson: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on November 15, 2005. • Based on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Beachside Townhomes 2nd Addition. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney 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 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • ;CITY- OF CAPE CANAVERAL 105 Polk Avenue P. O. Box 326 Delp° Canaveral, FL 32920 .✓ 1306 r(5 i faft-&S ENDER: COMPLETE THIS SECTION ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. I. Article Addressed to: N"l 31?iwos�� 3/p Ad Ate, CA -PI" c,4-NP"t e- 3 2.9 2 z COMPLETE THIS SECTION ON DELIVERY A. Si. ture X ❑ Agent ❑ Addressee C. Dat of Deli v r D. Is delivery address different from item 1? El Yes If YES, enter delivery address below: ❑ No rvice Type Certified Mail ❑ egistered ❑ Insured Mail ❑ Express Mall ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes >_•. Article Number (Transfer from service label) 7005 0390 0005 8665 0327 f. �G Fr rm RR11 Fahri Ian/ 2nn41. rinmactic RAtllrn Rareint 1 n25R5-o2-M-t Fi4 co te Total Postage & Fe a�' J 7Ln LOGO rnnn nr nn cnnl Certified Mail Provides: • A mailing receipt • A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years ■ Cert tified Mali may ONLY be combined with First -Class Mail® or Priority ME ■ Certified Mail is notavailable for any class of international mall. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. F valuables, please consider Insured or Registered Mail. For an additional fee, a Retum Receipt may be requested to provide proof delivery. To obtain Retum Receipt service, please complete and attach a Retu Receipt (PS Form 3811) to the article and add applicable postage to cover tl fee. Endorse mallpiece 'Retum Receipt Requested". To receive a fee waiver 1 edduplliicdate retum receipt, a USPS® postmark on your Certified Mail receipt i For an additional fee, delivery may be restricted to the addressee addressee's authorized agent. Advise the clerk or mark the mafipiece with ti endorsement °Restricted Delivery I If a postmark on the Certified Mail receipt is desired, please present the all cle at the post office for postmarking. If a postmark on the Certified ME receipt is not needed, detach and affix label with postage and mail. NPORTANT: Save this receipt and present it when making an inquiry. oternet access to delivery information is not available on mail ddressed to APOs and FPOs. (esJaney) aooi; eunr'ammB tilled' City of Cape Canaveral November 16, 2005 John Johanson 310 Adams Ave. Cape Canaveral, FL 32920 RE: Preliminary Re -plat of Beachside Townhomes 2nd Addition, John Johanson, Applicant. Dear Mr. Johanson: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on November 15, 2005. • Based on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Beachside Townhomes 2nd Addition. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney 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 ENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front if space permits. . Article Addressed to: OM *kJ 3-17 Ab-MS 0«I 3/ o Ad -.v,5 A-pv , Cd-PE CANA, ok- 3 fa COMPLETE THIS SECTION ON DELIVERY A. Signature X B. eceived 6y (Printed Name) LL-t -i ❑ Agent ElAddresse C.7 of Deliv r D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No rvice Type Certified Mail ❑ egistered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes '. Article Number (Transfer from service label) iG Fnrm 3R11 _ Fahruary 2fln4. 7005 0390 0005 8665 0327 Domestic Return Receipt 102595-02-M-154 UNITED STATES POSTAL SERVICE I First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • CITY OF CAPE CANAVERAL 105 P�Ik Avenue P. O. Box 326 Cape Canaveral, FL 32920 Mriv AIL '3600{5, % G l,✓A.4./ MaS I. , ' • • ' u n' 7 CERTIFIED MAIL, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com Postage Certified Fee 3 Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) 7 n 7 n 3 7 Total Postage & Fees Sent To �ohra -J hAASu"- 5`treet, Apt. No.; or PO Box No. AdA.sviS det--ram City, State, Z!P+4 C,4b t CA,,,LtjEA-At , Fe gaga° Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mai ■ Certified Mail is not available for any class of international mail. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fi valuables, please consider Insured or Registered Mail. • For an additional fee, a Retum Receipt may be requested to provide proof c delivery. To obtain Retum Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece "Retum Receipt Requested". To receive a fee waiver fc a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i required. • For an additional fee, delivery may be restricted to the addressee addressee's authorized agent. Advise the clerk or mark the mailpiece with tt endorsement "Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the art cle at the post office for postmarking. If a postmark on the Certified Mt receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. Internet access 10 delivery information is not available on mail addressed to APOs and FPOs. (asionad) Z00Z aunr'008C wioj S iaveral, Florida ular Meeting )05 CONSIDERATIONS: NEW BUSINESS: Motion to Approve: Agreement for Professional Services with Norman R. Wolfinger as State Attorney for the 18th Judicial Circuit Court of Florida. 2. Motion to Approve: Preliminary Replat of Beachside Townhomes 2nd Addition. ORDINANCES: First Public Hearing: 3. Motion to Approve: Ordinance No. 21-2005; Amending Chapter 102, Article 11, of the Code of Ordinances Relating to Land Clearing, at First Reading. RESOLUTIONS: 4. Motion to Adopt: Resolution No. 2005-42; Appointing a Mayor Pro Tem. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: 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. 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. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 1, 2005 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Burt Bruns Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Others Present: City Manager Bennett Boucher Assistant City Attorney Kate LaTorre City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski Building Official Todd Morley CONSENT AGENDA: 1. City Council Regular Meeting Minutes of October 18, 2005. 2. Proclamation for Family Month. 3. Resolution No. 2005-39; Appointing a Regular and Alternate Member to the Planning and Zoning Board (Donald Dunn and Shawn Schaffner). Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. No request was made to remove any items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried 5- City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 2 of 10 0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 4. Motion to Approve: Support for the Countywide Fireworks Ordinance. Mayor Randels informed that the City received a letter from the County Commission for support of the County Fireworks Ordinance. This ordinance is similar to that of Pinellas County since it had been tested through a challenge. Mr. Boucher explained that the proposed ordinance addresses fireworks sellers and requires them to keep detailed records of fireworks sales. He spoke with Commissioner Pritchard to create standardized forms. Mayor Randels replied to Mayor Pro Tem Hoog that the Department of Agriculture would authorize permission to those acquiring a sale. Mr. Boucher informed that the Sheriffs Office played a part in discussion. Discussion concluded that any effort to limit sales and regulate discharge would benefit the community. Ms. Shannon Roberts asked if this would be enforced continually throughout the year. Mayor Randels affirmed. He included that the County would like a copy of the City's ordinance. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve Support for the Countywide Fireworks Ordinance. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 5. Motion to Approve: Renewal of Group Medical, Dental and Life Insurance. Ms. Stills explained that a Health Review Committee composed of a cross-section of City departments met to discuss a 29 percent increase and medical benefits coverage. The group focused on choices within the existing network in order to avoid the Request for Proposal process with minimal results. Mr. Petsos stated that he preferred to see the employee contribute something toward their health benefits coverage. Mr. Morgan expressed that a contribution may impact those on the lower end of the pay scale. Mr. Petsos stated that the existing plan allows for lower prescription drug costs as well as the employee/ spouse and employee/ child rates. He clarified for Mayor Randels that he recommended staying with the existing plan using the budgeted amount of 25 percent and employees contributions of $5.15 per pay to cover the additional 4 percent increase. Mr. Bruns agreed with Mr. Petsos that the employees should pay something toward health care coverage and he expressed that $20 per month was minimal. Mayor Pro Tem Hoog expressed that each year the cost rises and he would like to see employees pay into their health coverage. Ms. Stills replied to Mayor Randels that the payroll deduction issue is a perceptual issue. City employees are aware that no other City requires their employees to pay any portion of their health insurance coverage. She expressed that the City staff is City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 3 of 10 small by comparison to other cities in the County and she expressed that perhaps one of the other larger cities could be first to take action toward employee payroll deduction toward health insurance coverage. Mr. Boucher informed that the cost totaled $5.03 per week per employee or $261.62 per year. The annual premium per employee is $6,728 and under Mr. Petsos plan the employee would pay $262 per year. Mr. Morgan expressed to see the Council support the existing plan for one more year. Mayor Randels informed that he and the Public Works Director visited the City of Cocoa Beach Public Works Department and found three of the City's former employees working there in order to gain coverage for their spouses. The City does not provide dependant coverage. Ms. Stills stated that she would present Council's recommendation to the employees. Mayor Randels stated that this item could be tabled until the next scheduled meeting. Ms. Stills informed that the health insurance renewal date is December 1, 2005. Council members requested an audio copy of this item. Item No. 5 was tabled until the next City Council meeting on November 15, 2005. 6. Motion to Approve: Annual City Manager Evaluation. Mayor Randels explained the process of how the Council evaluates the City Manager based on a 1 point through 5 point ranking system. Mayor Randels informed that Mr. Boucher ranked predominately in the 4 to 5 point range. Mr. Boucher ranked highly in fiscal responsibility. Mr. Boucher first of all thanked the Council for their feedback and stated that he was satisfied with the 3 percent Cost of Living Allowance that was granted to the employees. He thanked the Council for raising the employee's pay scale in the previous year. Council members supported the City Manager's intent. Mr. Petsos expressed that Mr. Boucher intended to lead by example. Mayor Randels informed that Mr. Boucher totaled a ranking of 4.1 points overall. He noted that Mr. Boucher is as responsible to the citizens as the Council. Mr. Bruns stated that in the short time he has served on the Council, Mr. Boucher made re-entering back to Council duties a seem -less transition. He commended his work. Mayor Randels explained that the City grants a Cost of Living Allowance and the supervisor awards merit increases; however, Mr. Boucher expressed his intent to the Council to forego a merit increase this review year. Mr. Boucher commended his staff for their team efforts. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the Annual City Manager Evaluation. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 4 of 10 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 19-2005; Imposing a Ninety (90) Day Moratorium on Special Exceptions, Section 110-334(10) Allowing R-2 Residential within the C-1 Commercial Zoning District Along the Al Corridor, at Second Reading. Mayor Randels read Ordinance No. 19-2005 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA IMPOSING A NINETY (90) DAY MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT; INSTRUCTING THE PLANNING AND ZONING BOARD TO REVIEW THE APPROPRIATENESS OF APPROVING FUTURE CITY PERMITS AUTHORIZING RESIDENTIAL USES IN THE C-1 ZONING DISTRICT AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL ON SAID ISSUE; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. The ordinance was published on October 22nd and had a First Public Hearing on October 18th. Mayor Randels clarified that City Council requested a change to page two of three in Section 1, the fifth sentence. The words, "along the SR A1A corridor only" were inserted. There was no public comment. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Ordinance No. 19-2005 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 8. Motion to Adopt: Ordinance No. 20-2005; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2005, at Second Reading. Mayor Randels read Ordinance No. 20-2005 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30,2005; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 5 of 10 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 20-2005 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2005-38; Establishing a Code of Conduct for City Council Members and City Board Members. Mayor Randels read Resolution No. 2005-38 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL IN ACCORDANCE WITH THE CITY CHARTER AND THE CITY CODE ESTABLISHING A CODE OF CONDUCT FOR CITY COUNCIL MEMBERS AND CITY BOARD MEMBERS AND PRESCRIBING PENALTIES FOR VIOLATING SAID CODE AS SPECIFICALLY SET FORTH HEREUNDER; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels explained the resolution as guidelines for the City Council and Board members to conduct business. Mayor Randels questioned why the language on penalty was not stricken in the title. Attorney LaTorre replied that penalty clauses were removed in the title as it was in the content. Mayor Randels questioned the need for the restrictions outlined in the resolution. Mr. Morgan clarified that as a Council/Manager form of government, the Council directs the City Manager who in turn directs staff. Mayor Pro Tem Hoog and Mr. Morgan concurred to remove the penalty clause language. Ms. Andrea Schaffner questioned for clarity if any one Council member answers to the others. Mayor Randels affirmed the Council acts as a collective body. Mr. Dunn asked if Council conduct was subject to recall. Mayor Pro Tem Hoog replied that the City Charter outlines the provision for recall of a City Council member. Ms. Shannon Roberts asked if there were some form of warning process prior to removing a Board member. Attorney LaTorre replied that Board members serve at the pleasure of the Council and there is no remedy prior to removal. Mr. Boucher stated that once the Resolution is adopted, staff would schedule a Board member seminar. Discussion followed on removing Section 2, Penalties. Mayor Pro Tem Hoog asked if removing Section 2, Penalties would prevent Council from taking appropriate measures against a Board member. Attorney LaTorre stated that Council still had authority under the Code to remove members. Mr. Morgan suggested changing the word "penalties" to "actions" within Section 2 as well as the Section Title. A motion was made by Mr. Bruns and seconded by Mr. Morgan to Adopt Resolution No. 2005-38; Establishing a Code of Conduct for City Council Members and City Board Members with the Amendment to Remove Penalties in the Title. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 6 of 10 An amendment to the main motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan To Amend the Word Penalties to Actions. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 10. Motion to Adopt: Resolution No. 2005-40; Designating the City Manager as Applicant Agent for the State of Florida Hazard Mitigation Grant Program Application. Mayor Randels read Resolution No. 2005-40 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA DESIGNATING THE CITY MANAGER AS APPLICANT AGENT FOR THE STATE OF FLORIDA HAZARD MITIGATION GRANT PROGRAM APPLICATION. Mayor Randels explained must take formal authority to apply for the Florida Hazard Mitigation Grant. Mayor Randels asked if the application should designate a name in the City Manager section or would the one designation carry on. Mr. Ratliff replied that the one-time designation should be sufficient. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Adopt Resolution No. 2005-40; Designating the City Manager as Applicant Agent for the State of Florida Hazard Mitigation Grant Program Application. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. SITE PLANS: 11. Motion to Approve: Revised Site Plan for Bayside Condominiums. Mayor Randels explained the correction made to the Planning and Zoning Board memorandum that suggested the removal of a sidewalk. He outlined that the Board recommended to remove the area highlighted in yellow and to construct the sidewalk highlighted in orange. Mr. Bill Young explained the rationale to remove the sidewalk in order to avoid attracting people to a potentially dangerous retention area. Mr. Young stated that the homeowners had no objections to the approved site plan. However, he has had some complaints from parents whose children came too near the retention area. Mayor Pro Tem Hoog concurred with children's safety and added that cars are also susceptible to veering into retention ponds. Mr. Morley informed that at a site inspection it was revealed the sidewalk did not exist. Mr. Young escrowed $8,000 to install a sidewalk. Discussion followed on sidewalks in front of the units. Mr. Morley replied to Mayor Pro Tem Hoog that sidewalks along the parking area and that provide access to the community pool shall remain. There is no regulation City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 7 of 10 to enclose the area unless there is a deep incline. Mr. Young stated his intention to forward the $8,000 of escrow funds to the Homeowner's Association. He pointed out how his plan would prevent hazards. Mayor Randels questioned why a 9 -foot retention pond had no fence? Mayor Pro Tem Hoog asked if the City could require a hedge to maintain safety around deep retention. Mr. Morley replied that no hedge was required unless there was a three to one incline. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve the Revised Site Plan for Bayside Condominiums. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. REPORTS: 1. City Manager • Mr. Boucher reported that under the Waste Management, Inc. Franchise Agreement there would be no increase in rates due to a 5 percent revenue increase. • Mr. Boucher also reported Brevard County contracted with Waste Management, Inc. [WMI] for disaster debris removal. WMI subcontracted Doug Conners for this service. • Mr. Boucher reported that the Sheriffs Office delivered a check for $119,645.44 in refund from the previous year's contract. • Mr. Boucher referred to an E-mail from the Brevard County Traffic Engineering Department on available impact fees. He informed that the County has $437,425 available for City road improvement projects. Council agreed with widening North Atlantic Avenue. • Mr. Boucher reported that the City Attorney sent a letter of intent to purchase the 3.5 Acres of property for the new City Hall. • Mr. Boucher reported that Council received a Letter of Inquiry from Commissioner Pritchard to purchase Cherie Down Park. Discussion focused on lifeguard services. Mayor Pro Tem Hoog expressed an interest in the purchase. Mr. Petsos requested to see the maintenance costs on the boardwalk and the parking area. Mr. Morgan questioned unseen costs. Mayor Pro Tem Hoog suggested purchasing the land west of Cherie Down Park as well. • Mr. Boucher noted the article in the Florida League of Cities Datagram on Rental Properties. There is a concern of governmental entities involvement in regulating properties of four -units or more. He would continue to monitor activity. 2. Staff Public Works Director • Mr. Gardulski reported that the protective glass for the 24-hour desk personnel in Law Enforcement is on order. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 8 of 10 City Treasurer • No report. Building Official • Mr. Morley noted that the new LaserFiche software program allows building permit expiration tracking. Stormwater Coordinator No report City Clerk • No report. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Ray Osborne announced that he had obtained a speaker, "Sonny Whit, PhD" for the Historical Workshop Meeting at the Cape Canaveral Library in January. He encouraged submission of artifacts for display. He informed that there is a grant available for a historical marker. Mr. Osborne questioned if the City had any interest in a historical marker? Mayor Randels cautioned that any place designated as a historical marker could not be removed. Discussion followed on historical markers. Mr. Osborne asked if the City would provide any funding for a historical marker. He also asked if the City would consider purchasing a historical book, "Old Indians at the Cape Canaveral." Mayor Randels informed that the Library could purchase the book for reference purposes. • Ms. Andrea Schaffner reported on an ice cream vending truck operating in the City. Mr. Shawn Schaffner informed that the police require detailed identification in order to register a complaint. Ms. Schaffner stated that if Law Enforcement could drive by more frequently, they could obtain a report. • Ms. Shannon Roberts asked if there were plans for ample lighting along North Atlantic Avenue on both the east and west sides. Mr. Boucher replied that the Public Works Director worked with Florida Power and Light engineer to obtain adequate lighting. 3. City Council Mr. Bruns Mr. Gardulski replied to Mr. Bruns that plans for the Public Works facilities maintenance building is progressing. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 9 of 10 • Mr. Bruns asked for an update on the position vacancies on the volunteer Boards. • Mr. Boucher replied that the Mayor signed the Joint -Use Agreement for Cape View Playground Use. Mr. Petsos • Mr. Petsos asked if there were any other anticipated funds from the County. He asked the City Manager to follow up with the named contact in the County Finance Office. Mr. Petsos also questioned if there were any future plans for a sidewalk on State Road AIA near the Radisson. Mr. Gardulski informed that BellSouth has a line in the area. Mr. Boucher will contact the BellSouth representative for a status report.y Mr. Petsos requested more information on a letter from the State Attorney's office charging to prosecute municipal cases. Mr. Boucher stated that this referred to the State charging for any City ordinance violations. Mr. Boucher asked if the Council would waive the fees for the Kawanis Club to use the Manatee Sanctuary Park. Mr. Boucher replied that an action required the consensus of the Council. He recommended to remove all non-profit organizations. Mr. Morgan • Mr. Gardulski replied to Mr. Morgan that increased line irrigation heads and pressure would supply more reclaimed water to the Ridgewood Avenue retention pond. • Mr. Morgan stated that he would like to see Ridgewood Avenue cleaned. • Mr. Morgan stated that he received much input on the City's moratorium ordinance. He expressed that the City does not have enough people to support a 100 percent commercial district along the State Road A1A corridor. He desires to see the Boards review this ordinance and he cautioned Council to thoroughly review the proposed ordinance. Mr. Bruns asked what steps the City could take to obtain input. Mayor Randels explained that the Business and Cultural Development Board could host a symposium for input. Mr. Morgan suggested advertising to invite public input on the issue. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog asked about the buffer between Fairvilla and Manatee Bay. Mr. Boucher informed that the City notified Fairvilla of their commitment. • Mayor Pro Tem Hoog asked for a progress report on the Center Street park. Mr. Gardulski reported that grading and landscaping are in progress. Mayor Pro Tem Hoog clarified that $8,500 was placed in escrow for landscaping. Mayor Randels • Mayor Randels commented on the employee newsletter and the number of staff that attend professional development training. City of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 10 of 10 • Mayor Randels informed that Mr. Dennis Riegaro is the contact for the County Finance Office. • Mayor Randels informed that Mr. Petsos made a presentation to the Florida League of Cities Environmental Quality Committee Meeting on gaming ship sewage dumping. He related that this State committee will work on this issue as one of their objectives for the 2006 Legislative Policy. • Mayor Randels informed that the original location of the original Lighthouse was discovered. • Mayor Randels related he is working with Space Coast Area Transit Authority and with Council's permission he would like to use the Recreation Center as an embarking point for tours of the Cape Canaveral Lighthouse. • Mayor Randels announced a request from the American Legion to designate a monument honoring an individual at the Veterans Memorial Park. Council concluded to accommodate the request with a plaque rather than a monument. • Mayor Randels announced an event at the Brevard Cultural Arts Alliance that he could not attend and passed the invitation to interested Council members. • Mayor Randels reported that he has been asked to serve on the Brevard Workforce Development Board to determine types of training cities desire for their current and future workforce. • Mayor Randels presented some statistics on Brevard County Schools that rank highly among the nation's schools. • Mayor Randels spoke on the consequential impact for the City due to a Request for Proposal for a hotel/convention center in the Port area. • Mayor Randels replied to Mayor Pro Tem Hoog that the City received a grant for $495,000 for bus shelters. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:35 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK I Meeting Type: Regular Meeting Date: 011/15/05 AGENDA Heading Consideration Item 2 No. Group Life — Rates are the same as last year, 0.33/1,000. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Consideration: Renewal of Group Medical, Dental and Life Insurance DEPT./DIVISION: Administration Requested Action: City Council consider renewal of group medical, dental and life insurance as recommended by the Employee Review Committee as follows: Medical — Blue Cross HMO, 30% increase from $434.63 to $560.67 per month for each covered employee; no change in benefits. Dental — Change to Assurant; premium will go from $27.76 to $27.51 per month, each employee. Group Life — Rates are the same as last year, 0.33/1,000. Summary Explanation & Background: City Council had requested the employees consider a payroll deduction of $10.06 per pay period to keep the existing coverage, or select Blue Cross Option #1. See the attached memo from the City Clerk on the results of the employee survey. Please advise. Exhibits Attached: Memo/correspondence City Merger's Office Department 105 Polk Avenue, Cape Canaveral, FL 32920 P.O. Box 326 321-868-1220(1221 321-868-1248 Memo TO. The Honorable Mayor and City Council Members From: Susan Stills, CMC, City Clerk/ Human Resources Director Q Bennett Boucher, City Manager oaten November 8, 2005 Re: Health Insurance Renewal Status We truly thank the Council for your review and expressed concerns on the City employee's health coverage benefit costs. Management surveyed the staff by way of a ballot. The options presented were for the employees to choose from: 1) to agree with the existing Blue Cross/ Blue Shield plan and allow for a $10.06 per pay deduction, or 2) to switch to the Blue Cross/ Blue Shield Alternative Plan (1) with a higher cost for Specialist services and prescription drugs. All eligible employees who desired to vote did so with the following results: Agreed to remain with the existing plan and allow for a $10.06 per pay deduction of the employees that voted • Switch to the BC/BS Alternate Plan (1) 7 of the employees that voted • Choose neither of the two options i.S of the employees that voted Please be aware that if Council decides to solicit a Request for Proposal for Health Benefits, then we will need to make our intentions known to Blue Cross/ Blue Shield as soon as possible. The City would continue coverage on a month-to-month basis. However, we may be subject to an even higher premium rate increase since we are not agreeing to the proposed rate renewal for December 1st. Health insurance continues to be a subjective topic. As we move toward a resolution, we hope that differing perspectives will merely provide input toward the process. Thank you for this consideration. Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Considerations Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RENEWAL OF GROUP MEDICAL, DENTAL AND LIFE INSURANCE DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider the renewal of group medical, dental and life insurance as recommended by the Employee Review Committee as follows: Medical — Blue Cross HMO, 30% increase from $434.63 to $560.67 per month for each covered employee; no change in benefits. Dental — Change to Assurant; premium will go from $27.76 to $27.51 per month, each employee. Group Life — Rates are the same as last year, 0.33/1,000. Summary Explanation & Background: See attached recommendation memo. I support the recommendation. Exhibits Attached: Memo/correndence L,;\ki y Ma is Offic Department ADMINISTRATION \my"do encs\admi 1\meeting\2005\11-01-05\insurance.doc 105 Polk Avenue, Cape Canaveral, FL 32920 P.O. Box 326 321-868-1220/1221 321-868-1248 Memo To: The Honorable Mayor and City Council Members From Susan Stills, CMC, City Clerk/ HR Direct - Q Bennett Boucher, City Manager Datm October 20, 2005 Re: Health Insurance Review Committee Recommendation Health Insurance Review Committee Members: Todd Morley, Building Official Nancy Hanson, Recreation Director Kim McIntire, Executive Assistant to the City Manager Cathy Hardy, Administrative Assistant to the Public Works Director Lany McCormack, Utilities Mechanics Union Steward The City's Health Insurance Committee held two meetings in order to discuss the City's medical insurance renewal rate. This year's rate increase of 29 percent arrived slightly higher than the 25 percent budgeted for the 2005/ 2006 Fiscal Year. However, the Committee expressed that in 2003 we were fortunate to have had a 5 percent decrease in the renewal rate. Please keep in mind that our City staff comprises a small group of 36 employees eligible for benefits with no person in the Fire or Law Enforcement job classifications. The major carriers other than Blue Cross/ Blue Shield; United Health Care, Aetna and Signa, prefer to cant' groups of at least 50 or more eligible employees. We explored the possibility of "self -funding" our health benefits coverage and found that the carriers still prefer to maintain groups larger than our own. We discussed the Health First Network and committee members expressed the following concerns: • Users are locked -in to use physicians within Brevard County only. • Employees risk losing service with their existing physician when changing networks. • No options for alternative hospital treatment in "life threatening" circumstances. We ask that the Council review the 2005 Medical Comparison from our Benefits Consultant, Ms. Debra Amicarelli of Florida Benefits, Inc. These renewal rates are released 45 days prior to the December 1 st rate acceptance deadline which affords little time for the Request for Proposal process. However, should the Council decide to change our existing carrier, then we are required to accept written proposals. Although our Benefits Consultant provided a recommendation, the Committee requests to remain with the Blue Cross/ Blue Shield network at the 29 percent renewal rate. An alternative request is to select the Blue Cross Alternate (1) product at a rate increase of 20 percent that is still lower than the amount budget for the year. This would forego the burden of the proposal process with only two possible medical carriers applying for our medical small group. This would also allow our employees to maintain their physician care in the existing network. Please take note that the Health First rate of 7 percent over the existing rate is subject to a 15 percent increase based on group rating. Please note on the recommendation that Debra submitted rates on the City's Group Dental and Life Insurance plans. Our Dental Plan renewal rate increased 13 percent for 2005. Dental, vision and life insurance are ancillary products and as such do not significantly impact the overall benefits cost. We thank the Council for your time and consideration. 0 Page 2 FBIIFLORIDABENEFITS, INC. CITY OF CAPE CANAVERAL 2005 RECOMMENDA TIONS After reviewing our marketing efforts, our recommendations are as follows: MEDICAL Change to Health First for a 7% increase over current rates with Blue Cross. However, if there are some reservations about Health First .whether it be service or network, then change to Blue Cross's first alternate plan for a 20% increase rather than a 3Q° o over current rates. The second Blue Cross alternate plan is more competitive with Health First, however, the benefits are less. Somethirtk; else to consider is if the City does change health carriers, will they have to go out to RFP or can they change carriers without doing that? "There are limited options for the City with regard to health carriers. Humana could not quote due to limitation of network. Aetna does not have Canaveral Hospital, Av-Med is not in Brevard County, and CIGNA is not in the small group market anymore. We have looked at all fully insured options available. We were asked to look at the possibility of a partial sell -funded option. Aftcr several unsuccessful attempts we could not get in touch with a TPA that vwas referred to us. However, in our client portfolio, we have several eighty life groups that we tried to get partial self-funded quotes and they were not competitive. Our professional opinion, is that on your size group the rates would not be competitive. DENTAL Change to Assurant for a 4% rather than a 13o,o increase with Ameritas. We had gone back to Ameritas to have the rates reduced since the original renewal was 17%. We thought they would reduce the rates lower, however, the 13"4� was the best they could do since your claims are running high. We ]OLnd your group has heavy utilization with the dental. This is the fourth year in a row that the claims have run high. GROUP LIFE You have two lines of group life coverage, I x salary and an additional 525,000 after one year of employment. The carriers did not quote the additional $25,000, however, the 1 x salary was quoted. GE is still the most competitive. Our recommendation is to stay with GE. o C) m N b U 0 O O O 00 O n 00 O Cq 00 �I � O M 1 00 CO d' C M 00 o it W) ? M •CC 69 6H tn b9 N GO)tn C"• 69 69 O rA y O 3 a' as q y 0 '� o o E� O 00 tn cn kn y N 5 y 1 �� 0 M 1 1 �y �% kn x N V/kn O Qi V 00 tn N b�i9 _ r- C bis O Q M N yq •� d4 L" ..w O � IX dl 'd U O O In N 00 �nrA k kn N In } U O M 64 .- bR 6'4 is tn GOS a� � x 0 o h O cd p _ O a0 Q. U O [� M e''' 1" Q O N M �O `p �p ,N Q C N p p m U (5 U 'r. r� O M .-. O M cq �'" N N O N M O x tn all M [�CIA M O a tn N 0 69 6R 69 big tj C,4 69 N &9 �°+ C3 69 O O rl rl y � bA bR O O y y CD 05 CD MWn %C 00 M M ON Wi M U O O V C Q \ M •--� i M PC M 00 Otn N N Ci Ci i. '+r a O to N V 1 y4 O� l� � b 4 y4 N 63 %1 ,tf)-� ca o. a V U � M rA .nr p• � � v y i *5 y U �y ,y o CD , e a u 0-1 � u R 'tt O O w O O es U a x U O O w w w w x w w w w a g d ... `-.�.- a O a a p0 op., v 0 O o z z z o W p., o� _ o o M 604 00 C>O O � 6s _ C� �c .� O pap..,, pap..,, pa0..,,, ra p o o z z z z o P-4 64 69 C6 O O N � 06 N NO .-- SR ^' 59 y4 a U 00 [� O a (::>� pp.�, o0 " o O� •--� o0 r� 6NM9 "�'' 6 4 ap�, P. a � a� � Q, p a a o -0 C 00 0 0 ds o od- -- E a z o 0000 000 z 0 d O z 0 tn Okn4E o0 � 'n as ;>1 Ld Zz o p 04 o t!1 •a 0 '- p o 0 M (� 64 64 6�4 000 -ct kn 69 a o o 0 00 N � 06 N NO .-- SR ^' 59 y4 a U 00 [� O o, � (::>� �t o0 " o O� •--� o0 6NM9 U "�'' 6 4 � 6�R � a� � Q, p a a o -0 C 00 0 0 ds o od- -- E z � 0 0 z o 0000 000 z 0 d O z 0 tn Okn4E o0 � 'n as ;>1 Ld 04 N � 06 N NO .-- SR ^' 59 y4 a U 00 [� O o, � (::>� �t o0 " o O� •--� o0 6NM9 "�'' 6 4 � 6�R as ;>1 Ld N � 06 N NO .-- SR ^' 59 y4 a U 00 [� O o, � (::>� �t o0 " o O� •--� o0 6NM9 "�'' 6 4 � N � 06 N NO .-- SR ^' 59 y4 N � O l� M O ON M o Cd 0 0 0 "ll 0 0 a up u O O W w I w 1 a U n N 7, (::>� '2,� O O o0 6�R N � O l� M O ON M o Cd 0 0 0 "ll 0 0 a up u O O W w I w 1 a U n OATH OF OFFICE I, Robert E. Hoog, do solemnly swear that I will support, protect, and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida, and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Susan Stills, CMC CITY CLERK Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 15th day of November 2005. OATH OF OFFICE I, Leo Nicholas, do solemnly swear that I will support, protect, and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida, and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Susan Stills, CMC CITY CLERK Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 15th day of November 2005. Meeting Type: Regular Meeting Date: 011/15/05 AGENDA Heading Consideration Item 1 No. The hourly rate is $50.00, as stipulated in section (3) of said agreement. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Consideration: Agreement for Professional Services with Norman R. Wolfinger as State Attorney for the 18th Judicial Circuit DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider an agreement for Professional Services with Norman R. Wolfinger as State Attorney of the 18th Judicial Circuit of Florida to prosecute Municipal Ordinance violations, as recommended by the City Attorney. Summary Explanation & Background: The contract term will continue in effect until canceled by either party upon (30) day's written notice. The hourly rate is $50.00, as stipulated in section (3) of said agreement. The City is also responsible for all filing fees and cost assessments provided for by statute. See attached City Attorney opinion. I recommend approval Exhibits Attached: Agreement/City Attorney Opinion City Manage Office Departrnent Brevard County Office 2725 Judge Fran Jamieson Way Bldg. D Viera, FL 32940-6605 (321) 617-7510 OFFICE OF THE STATE ATTORNEY EIGHTEENTH JUDICIAL CIRCUIT OF FLORIDA BREVARD AND SEMINOLE COUNTIES NORMAN R. WOLFINGER STATE ATTORNEY oti sr Reply To: Viera WE October 24, 2005 Mr. Bennett Boucher City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, FL 32920-0326 Re: Prosecution of Ordinance Violations Dear Mr. Boucher: Seminole County Office 101 Bush Blvd. P.O. Box 8006 Sanford, FL 32772-8006 (407) 665-6000 As you know, as a result of the constitutional amendment to Article V, the Office of the State Attorney is required to enter into a contract with each city in order to be authorized to prosecute cases where the only criminal charge was a violation of city ordinance. In the past we simply did these prosecutions as a matter of course. It appears that the Brevard County Sheriff's Department has been making arrests for ordinance violations within your city and submitting those cases to this office for prosecution. If you wish for this office to prosecute municipal ordinance violations on behalf of the City of Cape Canaveral, it will be necessary for us to enter into a contract for this office to provide that service. Please review the enclosed contract and if the terms are acceptable, please sign, date, and return the original to my office in Viera at your earliest convenience. Please know that this nominal fee goes directly to the State of Florida general fund and not to this office. Please contact my Executive Director Debbie Rehder by October 30, 2005, at (321) 617- 7228, to advise if this contract is acceptable to you, or if you have any questions. I look forward to your prompt consideration of this matter, and to working with your city on the prosecution of these ordinance violations. Sincerely, M R. WOLF GER NRW/gc c: Sheriff Jack Parker AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, entered into the day of , 2005, by and between BENNETT BOUCHER as CITY MANAGER FOR THE CITY OF CAPE CANAVERAL, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and NORMAN R. WOLFINGER as STATE ATTORNEY OF THE EIGHTEENTH JUDICIAL CIRCUIT COURT OF FLORIDA (hereinafter referred to as "STATE ATTORNEY"), shall set out the terms and conditions under which the STATE ATTORNEY will perform the services of a municipal prosecutor for the CITY. WHEREAS, the STATE ATTORNEY prosecutes municipal ordinances under the authority of the State of Florida; and WHEREAS, Section 27.34(1), Florida Statutes, has been amended effective July 1, 2004, to provide that a State Attorney prosecuting violations of CITY ordinances punishable by incarceration and not ancillary to a state charge shall contract with cities to recover the full cost of services rendered on an hourly basis; and WHEREAS, the CITY desires to contract with the STATE ATTORNEY to prosecute the CITY'S municipal ordinances that are punishable by incarceration and are not ancillary to a state charge; NOW, THEREFORE, the CITY and STATE ATTORNEY agree as follow: SECTION 1. TERM This agreement shall take effect October 1, 2005, and continue in effect until cancelled by either party upon thirty (30) days written notice. SECTION 2. SCOPE OF SERVICES The STATE ATTORNEY agrees to act as the municipal prosecutor at the County court level for municipal ordinances that are punishable by incarceration and not ancillary to a state charge in the County Court of the Eighteenth Judicial Circuit Court for Brevard County, Florida. It is understood that the STATE ATTORNEY will continue to prosecute other municipal ordinances of the CITY that are ancillary to a state charge under his regular duties as State Attorney. Under the contractual agreement the State Attorney will not handle appeals unless agreed upon between the CITY and STATE ATTORNEY on a case by case basis. In serving as the municipal prosecutor, the STATE ATTORNEY shall have the power to prosecute municipal ordinances as authorized by law. SECTION 3. STATE ATTORNEY'S FEES STATE ATTORNEY'S legal fees will be reimbursed by CITY on an hourly basis for services rendered at a rate of $50 per hour. It is agreed that for municipal ordinance cases that are punishable by incarceration and not ancillary to a state charge, fees shall be billed by the STATE ATTORNEY to CITY on a quarterly basis as follows: BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lain Debra S. Babb-Nutcher° Offices in Orlando, Kissimmee, Joseph E. Blitch Usher L. Brown' Cocoa & Viera Victoria L. Cecil Suzanne D'Agresta° Scott J. Dornstein Anthony A. Garganese° Andrew M. Fisher Jeffrey S. Weiss Katherine W. Latorre — Amy J. Pitsch 'Board Certified Civil Trial Lawyer °Board Certified City, County & Local Government Law November 2, 2005 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Contract for Services with State Attorneys and Public Defenders City of Cape Canaveral General (513-001) Dear Bennett: Erin J. O'Leary J. W. Taylor Of Counsel This letter is in furtherance of our conversation following the City Council Meeting on November 1, 2005. As you know, July 1, 2004 was the effective date for the legislation amending Article V of the Florida Constitution, shifting the funding of a substantial part of Florida's trial court costs from the county to the state. In conjunction with the shift in funding, the legislature passed Chapter Law 2004-265, which amended several sections of Florida Statutes, including sections 27.34 and 27.54, regarding the salaries of state attorneys and public defenders. The amended laws require state attorneys and public defenders to contract with municipalities to recover the full cost of their services for prosecuting and defending violations of municipal ordinances which are punishable by incarceration and not ancillary to a state charge. The Cape Canaveral Code of Ordinances includes various sections which designate incarceration as a penalty for violation of those sections, specifically section 50-4, section 54-2, section 54-55, and section 10-92. However, as you know, incarceration for violations of municipal ordinances is rare. If the City should ever desire enforcement of these sections, and the state is not prosecuting a related charge, the City would be required to reimburse the state attorney prosecuting the case, as well as any pubic defender representing the violator. The Office of the State Attorney forthe Eighteenth Judicial Circuit has provided the City with a copy of its standard one-year contract for services. Pursuant to statute, and as reflected in Section 3 of the contract, the state attorney's services will be billed out at a rate of $50.00 per hour. Section 3 also reflects that no charge will be assessed against the City for cases that result in a 225 East Robinson Street, Suite 660 - P.O. Box 2873 •Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 - Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Bennett Boucher, City Manager November 2, 2005 Page 2 plea at the initial appearance stage of the prosecution. The state attorneys and public defenders will be acting in their capacity as independent contractors and will not handle appeals unless otherwise agreed upon with the City to be determined on a case-by-case basis. I suggest entering into the agreement with the State Attorney's Office at this time. Doing so will not require the City to prosecute violations of ordinances punishable by incarceration, but the option to do so will be available and the contract will already be in place. I look forward to discussing this with you further in the future. Please contact my office should you require any additional information regarding this matter. Very truly yours, Kate Latorre Assistant City Attorney City of Cape Canaveral November 16, 2005 John Johanson 310 Adams Ave. Cape Canaveral, FL 32920 RE: Preliminary Re -plat of Beachside Townhomes 2nd Addition, John Johanson, Applicant. Dear Mr. Johanson: The City Council of the City of Cape Canaveral has heard information pertaining to your Preliminary Re -plat at their meeting held on November 15, 2005. • Based on the Preliminary Re -plat, testimony, and other information presented, the City Council has approved the Preliminary Re -Plat of Beachside Townhomes 2nd Addition. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: • City Manager Building Official City Attorney 105 Polk Avenue 6 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 u 17' n n d r) J. Return Receipt Fee • (Endorsement Required) O Restricted Delivery Fee r (Endorsement Required) n • Total Postage & Fees • • 1 TM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma Postage n; ' j L Certified Fee Sent to___ JahAnsae•— Street, Apt. No.; or PO Box No. O Ada., s A-r,•.� City, State, ZIP+4 GA6%F C.Q,1,14-(16A0 1, , /L L '7 ao Certified Mail Provides: • A mailing receipt 1 • A unique identifier for your mailpiece • A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mail may ONLY be combined with First -Class Mail® or Priority Mal • Certified Mall Is notavailable for any class of international mall. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mall. Fc valuables, please consider Insured or Registered Mall. • For an additional fee, a Retum Receipt may be requested to provide proof c delivery. To obtain Return Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece 'Return Receipt Requested". To receive a fee waiver fc a duplicate return receipt, a USPS® postmark on your Certified Mail receipt i required. • For an additional fee, delivery may be restricted to the addressee r addressee's authorized agent. Advise the clerk or mark the mailpiece with th endorsement 'Restricted Delivery". • If a postmark on the Certified Mail receipt is desired, please present the art cle at the post office for postmarking. If a postmark on the Certified Ma receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save thls receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. (aslene}j) zooz eunr'noes ueou s UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid LISPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • _HIV OF CAPE CANAVERAL 105 Polk Avenue P. O. Box 326 Cape Canaveral, FL 32920 130 (5; o� i 2a w/11t1 a •r-t S ENDER: CtOMPLETE THIS SECTION Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back 'of the mailpiece, or on the front if space permits. . Article Addressed to: cT oD XaJ J b 11d-ts) 3 / p Ad - S .Q-pg i C/A-P CA -MAW -AL , f (_ COMPLETE THIS SECTION ON DELIVERY A. Si.. •ture X B. eceived y (Printed Name) JQ L(� Joltea, ❑ Agent ❑ Addresse C. Dat of Deliv r D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No rvice Type Certified Mail ❑ egistered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes Article Number (Transfer from service label) 7005 0390 0005 8665 0327 I :S Form 381 1 - Fehruary 2004 Domestic Return Receipt 102595-02-M-154 Meeting Type: Regular Meeting Date: 011/15/05 AGENDA Heading Consideration Item 2 No, Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Consideration: Preliminary Replat of Beachside Townhomes 2nd Addition DEPT./DIVISION: GROWTH MANAGEMENT/PLANNING AND ZONING Requested Action: City Council consider the preliminary replat of Beachside Townhomes 2nd Addition as requested by the applicant, John Johanson and recommended by the Planning and Zoning Board. Summary Explanation & Background: This will replat one lot into two lots. I support the Planning and Zoning Board recommendation. Exhibits Attached: P&Z memo/application/staff reports/replat(hand-out) City Manageo Office Department Or City of Cape Canaveral Date: November 7, 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Preliminary Replat of Beachside Townhomes - 2nd Addition, Replat of Lot 13, Block 5, Avon by the Sea Subdivision - John Johanson, Applicant By unanimous vote the Planning & Zoning Board recommended approval of the Preliminary Replat of the above referenced project. Please schedule this Preliminary Replat on an upcoming City Council meeting agenda. Also, please inform John Johanson when this request is scheduled. You can reach Mr. Johanson at 783-6821. Attached are (8) copies of the Preliminary Replat. (City Clerk) 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 CITY OF CAPE CANAVERAL RESIDENTIAL: 1, 2 & 3 Residential Units .............................................TOTAL: $37.50 Total # of Units? 04 (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus Units @ $7.50, per unit $ Total: $_ D COMMERCIAL: $150 per acre of land, or portion thereof. Acres X $150 TOTAL: ............... $ SITE PLAN EXTENSION: .................................................. TOTAL: ............... 31:50.00 SITE PLAN RESUBMISSION: 50 % of original fee ......... TOTAL: .............. DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units ..................... $700.0 Over 4 Units .................. 00.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8 Acres..................$3,000.00 Total Acres: Office Use Only: Escrow Account ## 1-202.2400 --------------------------------------------------- ---------- TOTAL REVIEW DEPOSIT RECEIVED: TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ 'Go. no PAID RECEIPT NO. DATE RECV'D .1 cc-, o C-�0S�+ 1-500' oc> S ------------ s �o-Cp-c�� zcc�, 00 APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: -�2 " S , � AJ (NOTE: SUBMITTAL MUST BE SUBMITTED A hEi T 4UM OF 30 DAYS PRIOR TO THE PLANINING & ZONING MEETING; PLAT MUST lV EET THE REQLT REVIENTS OF SECTION 98-4I THROUGH 98-52). IS THIS A PRELL,IIN"ARY PLAT, RE -PLAT, OR FINAL PLAT? Ke f A-MOUiIT OF FILL S G FEE PAID: S E(J -OD' A��iOUNT OF ENGLNEERING DEPOSIT PAID: S 100- do DID BREV_4RD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAIVIE, IF APPLICABLE? MOTE: TT3IS NEEDS TO BE DONE PRIOR TO SUBIIITTAL). -YES NO ' N. A. PROJECT NANIE• 13ect ett s;d e 7-o t a vK es I=� PROTECT ADDRESS: �a �o� ��u�f 1�✓�, c ^G�/� Ccr.1��r� �I. 3�y LEGAL DESCRIPTION: )-a4- 13, /z --c k s- , A oo--L &3 % 11 e S.e� . ONVNER(S) NA--YF-E: - �fl �n o t t'q s o OIVLN -R(S) ADDRESS: 310 P J a � s /Ay-t_ PROTECT ARCHITECT/ENGLti'EER: PHONE NO. OF ARCHITECT/EN GLN'EER: _ �? An APPLICANT(S) SIGNATU"R.E: ow�v-Elv�e- PHO�tE NUMBER OF O W -ER/& 7 8_ 6 1: %. 3 -;2q ;2o U Cit; of rhe_ Canaveral Site Plan Beachside Townhomes Second Addition - Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: John Johanson Range: 37 Township: 24 Section: 23 0.14 +/- Acres 2 residential maximum whole site R-2 Residential 2 14.28 DU/AC R-2 Residential R-2 Residential Description: The applicant proposes to build two (2), townhome units on a 0.14 acre lot. The subject site is located north of Adams Avenue and east of Rosiland Avenue. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. C0 North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Multi Family Residential Single and Multi Family Residential Multi Family Residential Single Family Residential Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. C0 AIA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site site plan submittal. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is unknown at this time. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is unknown at this time. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is a Galveston -Urban land complex (GA) soil type. The soils in this complex are well -drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 per household. The anticipated population increase would be between 4-5 persons. MEMORANDUM TO: Todd Morley, CBO Chief Building Official FROM: Ed Gardulski Public Works Director DATE: October 3, 2005 RE: Beachside Townhomes Preliminary Re -plat Review The Public Works Department has reviewed the preliminary re -plat plan and the Director does not have any comments or concerns. 61 October 6, 2005 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review— Beachside Townhomes Second Addition - Review#1 SSA Job No. 05-0025, Task 010-1003 Dear Mr. Peetz: SSA has reviewed the submitted preliminary. plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, David Roy ones, P Chief Surveyor DRJ:jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #1— $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTTLER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 lic #AAC000329 #EB0000762 #LB0006700 u:l oan sottorivalchnllprojedslcapeV-beachside townhomes second add pre plat review 1.doc To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: October 7, 2005 Re: Beachside Townhomes Site Plan Review I have reviewed the Beachside Townhomes Second Addition Site Plan and don't have any comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Page 1 of 1 Matthew Boerger From: Todd Peetz -- Sent: Monday, October 10, 2005 1.1:03 AM_ To: Matthew Boerger Subject: FW: Preliminary Replat ( Beach side Townhomes) From: John Cunningham [mailto:jcunningham@ccvfd.org] Sent: Tuesday, October 04, 2005 9:07 AM To: Todd Peetz Subject: Re: Preliminary Replat ( Beach side Townhomes) Todd, We have reviewed the plan submitted and have no comment at this time. 09 10/12/2005 Meeting Type: Regular Meeting Date: 011/15/05 AGENDA Heading Ordinance -1st Reading Item 3 No. this year. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Ordinance 21-2005: Amending Chapter 102, Relating to Land Clearing for Single, Two or Three -Family Residential Units. DEPT./DIVISION: GROWTH MANAGEMENT/PLANNING AND ZONING Requested Action: City Council consider at first reading, Ordinance 21-2005, amending Chapter 102, providing land clearing criteria for land that contains or will contain single-family, two-family or three-family residential dwelling units, as recommended by the Planning and Zoning Board. Summary Explanation & Background: This was the last remaining item from the overall revisions to Chapter 102 that Council adopted earlier this year. I support the Planning and Zoning Boards recommendation. Exhibits Attached: P&Z memo/Ordinance 21-2005 City Mana el's ice Department City of Cape Canaveral 2005 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Proposed Ordinance for Land Clearing for Three Dwelling Units or Less ------------------------------------------------------------------------------------------- By unanimous vote the Planning & Zoning Board recommended approval of the attached proposed ordinance. Please schedule this item on an upcoming City Council meeting agenda. 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 ORDINANCE NO. 21-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, ARTICLE II., DIVISION 2 OF THE CODE OF ORDINANCES RELATING TO LAND CLEARING; PROVIDING LAND CLEARING CRITERIA FOR LAND THAT CONTAINS OR THAT WILL CONTAIN SINGLE FAMILY, TWO-FAMILY OR THREE- FAMILY RESIDENTIAL DWELLING UNITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article II, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, the City Council is committed to preserving, enhancing, and creating green area within the City and by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and installation of new trees within the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water run off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, on February 1, 2005, the City Council adopted Ordinance 05-2005, which significantly amended Chapter 102 of the City's Code of Ordinances relative to Land Clearing; and WHEREAS, the City Council desires to provide separate and distinct regulations for land clearing activities on those properties containing single family, two-family, or three-family residential dwelling units; 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: City of Cape Canaveral Ordinance No. 21-2005 Page 1 of 5 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 102, Vegetation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stzikeo- type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION ARTICLE II. TREE PROTECTION DIVISION 2. LAND CLEARING Sec. 102-37. Title; Applicability; Intent and Purpose; Limited Residential Dwelling Exemption. (e) Single Family, Two -Family or Three-FamilyA,ccu, fEessResidential Dwelling Unit Exemption. All land that contains or that will contain single family, two-family, or three- family residential dwelling units shall be subject to the provisions set forth in Section 102- 40.5 of this Code. , the building official shall 0 Sec. 102-38. Enforcement and Penalties. City of Cape Canaveral Ordinance No. 21-2005 Page 2 of 5 (b) Penalties. In addition to all other remedies set forth in this Division, one or more of the following civil fines shall apply to violations of this Division: (1) Failure to obtain a permit required by Section 102-39 or Section 102-40.5: Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. Sec. 102-40.5. Land Clearing Requirements for Land Containing Single Family, Two -Family, or Three -Family Residential Dwelling Units. Notwithstanding the other provisions of this Division, with respect to land that contains or that will contain single family, two-family, or three-family residential dwelling units, the following provisions shall apply: (a) Permit Required. No person shall engage in tree removal or land clearing on land subject to this Section without first obtaining a land clearing permit issued by the building official pursuant to Section 102-39. Upon receipt of a completed application, the building official shall issue a land clearing permit regardless of the requirements set forth in Section 102-40. There shall be no charge for issuance of a land clearing permit for land subject to this Section. (b) Tree Survey Required for New Development. Developers of all new single family, two-family or three-family residential dwelling units shall be required to submit a tree survey concurrent with submission of a building permit application. (c) Tree Replacement Guidelines. (1) Each tree removed or destroyed pursuant to this Section shall be replaced by a desirable tree or such other tree properly approved by permit, or in the alternative, property owners and developers shall pay to the City's Tree Bank, $250.00 per tree removed or destroyed. (2) The replacement trees shall be a minimum of 4 inches dbh and shall be on the desirable species list under this Division. (3) Tree replacement is not required for trees removed under this Section where the removal falls under one or more exception outlined in Subsection 102-40(b). (d) Maintenance Requirements. All property owners and developers of land subject to this Section shall be responsible for the proper care and maintenance of all trees located on their property which were not authorized to be cleared. All remaining trees and any City of Cape Canaveral Ordinance No. 21-2005 Page 3 of 5 transplanted trees shall be maintained in a healthy, living condition. AU transplanted tree which dies within two (2) years of planting shall be replaced and maintained by the property owner or developer. Upon the sale of an individual parcel of land, the responsibility for tree maintenance shall transfer to the new property owner. Lei Division Otherwise Applicable. All other Sections of this Division not in conflict with the provisions of this Section are applicable to and enforceable against the propertx owners and developers of all land subject to this Section, including, but not limited to Sections 102-41, Specimen Trees, Section 102-44, Prohibitions, and Section 102-45, Minimum Tree Requirement. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby 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 , 2005. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance No. 21-2005 Page 4 of 5 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. 21-2005 Page 5 of 5 Meeting Type: Regular Meeting Date: 011/15/05 AGENDA Heading Resolution Item 4 No. Resolution 2005-42 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: Resolution 2005-42: Electing a Mayor Pro Tem. DEPT./DIVISION: Legislative Requested Action: City Council elect a Mayor Pro Tem as required by the City Charter. Summary Explanation & Background: Council Member Bob Hoog served as Mayor Pro Tem this past year. Please Advise. Exhibits Attached: Resolution 2005-42 City ManageesDffice Deparhnent %, RESOLUTION NO. 2005-42 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article V, Section 4, of the Charter of the City of Cape Canaveral, Florida, requires the City Council to annually elect from its membership a Mayor Pro Tem. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. is hereby elected as Mayor Pro Tem of the City of Cape Canaveral, Florida; said Mayor Pro Tem is authorized and directed to undertake the duties and responsibilities of Mayor Pro Tem, in conformity with the City Charter, and to serve in such capacity until the next annual election. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day of November, 2005. ATTEST: Rocky Randels, MAYOR :.. O Susan Stills, CITY CLERK Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY FOR AGAINST