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HomeMy WebLinkAboutPacket 11-01-2005 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: ;ity of Cape Canaveral ICIL REGULAR MEETING rY HALL ANNEX sue, Cape Canaveral, Florida TUESDAY )vember 1, 2005 7:00 PM 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). CONSIDERATIONS: 4. Motion to Approve: Support for the Countywide Fireworks Ordinance. 5. Motion to Approve: Renewal of Group Medical, Dental and Life Insurance. 6. Motion to Approve: Annual City Manager Evaluation. 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 A1A Corridor, at Second Reading. 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 OrCity of Cape Canaveral, Florida City Council Regular Meeting November 1, 2005 Page 2 of 2 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. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2005-38; Establishing a Code of Conduct for City Council Members and City Board Members. 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. SITE PLANS: 11. Motion to Approve: Revised Site Plan for Bayside Condominiums. 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 October 18, 2005 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. Mayor Randels noted that the meeting would follow the Agenda from its Second Revision. ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Recreation Director PRESENTATION: Burt Bruns Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Nancy Hanson Fall Multi -Family Beautification Award Mayor Randels presented the Fall Multi -Family Beautification Award plaque to the Kaya's of 355 Polk Avenue. Mayor Randels displayed a photo of the landscape renovation done to the property. Quarterly Business Recognition Award Mayor Randels called on Beth Foy of the Business and Cultural Development Board to present the Quarterly Business Recognition Award to John and Sandy Trudeau of Events to Go. Mr. Trudeau stated that the firm predominately takes school photos from Macon, Georgia to Fort Lauderdale Florida and also prints photos on-site at local events. Mayor City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 2 of 10 Randels explained how the couple refurbished a local building on Buchanan Avenue and created a useful business. Mayor Randels noted that the Chamber of Commerce recognized Events to Go as a Business of the Year for their size firm. Mayor Randels read a Proclamation for National Magic Week and presented it to Mr. Tony Sicaro noted local magician. He informed that Mr. Sicaro has been the announcer at the Cocoa Beach High School football games for many years. Mr. Sicaro stated that he is an amateur magician performing it as a hobby. He performs at local charitable events. CONSENT AGENDA: City Council Regular Meeting Minutes of September 27, 2005. 2. City Council Regular Meeting Minutes of October 4, 2005. 3. Proclamation for Florida City Government Week. 4. Outdoor Entertainment Permit for the Halloween Street Dance. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. Mr. Ray Osborne asked to remove item No. 2. He questioned Page 4 of the meeting minutes that referred to the property North of Holman Road and South of Cape Shores. He asked if the Comprehensive Plan change amendment for that property was forwarded to the Florida Department of Community Affairs_ Mr. Todd Peetz, City Planner, replied that the amendment was a change of land use from C1 to R3 and applicant subsequently withdrew the Comprehensive Plan change request. Mr. Peetz replied that two amendments were forwarded to the Department of Community Affairs from the City. The City forwarded the text amendment referring to the Coastal Management Element to discuss the Coastal Construction Control Line, however, the Mixed -Use District amendment regarding the Mermaid Key property was withdrawn. The Coastal Management Element amendment would allow for construction repair following hurricane damage with a permit from the Florida Department of Environment Protection. Mayor Randels clarified that the Mermaid Key zoning district amendment was applied and approved by the Planning and Zoning Board but then withdrawn. Mayor Pro Tem Hoog called for a correction to the City Council Regular Meeting Minutes of October 4, 2005. He referred to Page 5 referring to a statement from Attorney Kevin Markey regarding the Gould property. Mayor Pro Tem Hoog stated that the street name is 190 Oak Manor Lane and not 190 Oak Park Lane. Mayor Randels stated that the correction would be noted in the approved minutes. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 3 of 10 A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve Consent Agenda Items No. 1 through 4. 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. CONSIDERATIONS: 5. Motion to Approve: Offer on Vacant 3.55 Acre Parcel Located on Astronaut Boulevard. Mayor Randels stated that each Council member, with the exception of Mr. Bruns, stopped by the City Manager's Office to review the Appraisal which is not public record at this time. Mr. Boucher stated that the Council would make an offer based on the knowledge gained in the Appraisal. He clarified that the City's offer was public knowledge; however, the appraisal is not. Mr. Morgan stated that reflective of market trends he would propose an offer of $1,500,000 for the 3.55 acres. Mr. Petsos and Mr. Bruns concurred with Mr. Morgan. Mayor Pro Tem Hoog stated that he reviewed both appraisals and found Mr. Morgan's proposed offer fair and the owners either accept or counteroffer. Mr. Petsos clarified that there were two appraisals. Mayor Randels inquired if a written offer was procedural. Attorney Garganese recommended that the Council present a written offer. Mr. Ray Osborne asked if the former IBM Building was considered. Mayor Randels affirmed that staff researched all existing buildings and vacant land in the City for available property. Ms. Shannon Roberts questioned how the City of Cocoa Beach planned to purchase land for their future City Hall. Mayor Randels replied that all cities must comply with the same MAI procedures of land purchase for municipalities. Mayor Pro Tem Hoog informed that the property to the west of the City of Cocoa Beach's City Hall is being considered for purchase. Mr. John Jensen thanked the Council for their consideration. A motion was made by Mr. Morgan and seconded by Mr. Bruns to Approve the Offer of $1,500,000 for the Vacant 3.55 Acre Parcel Located on Astronaut Boulevard in the C-1 Zoning District. 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. ORDINANCES: First Public Hearing: 6. Motion to Approve: 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 AIA Corridor. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 4 of 10 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. Mayor Randels stated that he did not see in the ordinance where the moratorium would apply specifically to the SR AIA corridor. Council members clarified that North Atlantic Avenue was exempted from the ordinance. Attorney Garganese stated that some clarifying language could be added to the body of the ordinance in Section 1 in the final sentence to include the language, "along the State Road Al A corridor." Mr. Petsos clarified that this ordinance would return to the Planning and Zoning Board for further review. Mr. Richard Thurm, of 256 Coral Drive, asked where the idea of this ordinance originated. Mayor Randels replied that concerns arose when Mr. Martin Greene presented a mixed- use concept of residential zoning in the commercial district of State Road AIA. He replied further that concerns continuously arose subsequent to any Special Exception granted. Mayor Randels related that no further Special Exceptions would be granted for residential use along the State Road Al A corridor until further review from the Planning and Zoning Board. He clarified that a Special Exception does not designate a Vested Right. Mr. Thurm stated that perhaps the criteria for the Board of Adjustment needed to be reviewed and the Board did not have the right of automatic approval and applications for Special Exceptions were based on merit. Mr. Osborne asked if the location of Mountasia Fun Center on Holman Road was included in the moratorium. Mayor Randels affirmed that if the project were along the State Road Al A corridor then it was included in the moratorium. Mr. Peetz explained that the Planning and Zoning Board actually approved amendments to the Existing Land Use Map not the Zoning Map. A motion was made by Mr. Bruns and seconded by Mayor Pro Tem Hoog to Approve 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 Zoning District Along the AIA Corridor. 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 October 18, 2005 Page 5 of 10 7. Motion to Approve: Ordinance No. 20-2005; Adopting Amendments to the Annual General Fund, Sewer Enterprise Funds, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2005, at First 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. Mayor Randels explained that items of significant change are included in the quarterly Budget Amendments. Ms. Bowers stated that the City is required by the State to adopt any Budget Amendments by Ordinance to keep in line with the original Budget Adoption ordinance. He questioned why the Sheriff's Department receives $10 per parking ticket? Ms. Bowers explained that the Sheriff's Office received $2 from each parking ticket. The Brevard County Clerk of Courts charged a $10 filing fee per ticket in excess of their other charges. She reported that this reduced the revenues in Law Enforcement activities. Ms. Bowers informed that the Clerk of Courts provides and charges for administrative fees to handle parking tickets. Mr. Boucher reported that the City Treasurer has done well to recover Federal Emergency Management Act funds. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 20-2005; Adopting Amendments to the Annual General Fund, Sewer Enterprise Funds, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2005. 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. CONSIDERATION: 8. Motion to Approve: Use Agreement with the School Board for the Use of the Cape View Elementary Playground. Mayor Randels noted a change to Item No. 4 on Page 7, stating that the School Board requested security for after-hours use. The Contract language was amended to read, "the School Board would not provide security during non -school hours use." Ms. Hanson stated that the School Board must approve all equipment for planned use. Mr. Boucher related that the County Commission was approached first for the authorization on use and the School Board is the next agency in line for approval. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve A Use Agreement with the School Board for the Use of the Cape View City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 6 of 10 Elementary Playground. 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 the Public Works Director spoke with the Florida Department of Transportation [DOT] who denied covered bus stops within the [DOT] rights-of-way. This project required front-end costs with the expectation of reimbursement from DOT. Installing the bus stop shelters would also require staff to secure easements from property owners. Mayor Randels stated that he would pursue taking action to obtain permits for the bus shelters as well as complete reimbursement forms. • Mr. Boucher stated that Susan Stills is working with the Health Insurance Committee on the City's benefits renewal. Renewal rates increased 29 percent. • Mr. Boucher attended the Brevard County Metropolitan Planning Organization meeting. He reported that the County has up to $1 billion worth of improvements but $250,000 in funding. • Mr. Boucher stated that the County approved the Local Option Gas Tax extension. He reported that paving on Ridgewood Avenue, North Atlantic Avenue and Central Blvd. was listed on the Local Option Gas Tax priority listing and would proceed with 51 percent of the population's approval by reason of shared revenue. Mr. Petsos replied that the funding for the paving should come from the taxes forwarded to the County. Mayor Randels reported the costs for paving as $466,588. • The MPO voted on a shared seat between the cities of Cocoa Beach and Cape Canaveral. • Mr. Boucher reported that staff is prepared for the impending hurricane. • Mr. Boucher reported that the Code Enforcement Officer has been working on the weekends and reported on no invalid activity. • Mr. Boucher announced that the Cape Canaveral City Clerk, Susan Stills, is one of five finalists for the Florida League of Cities City Clerk of the Year. • Mr. Boucher reported that he conferred with the City Clerk and the City Attorney on a Code of Conduct resolution for City Boards and City Council members. He distributed a copy to the Council for review and would place it on the next Agenda. • Mr. Boucher reported that he, Commander Scragg and Mayor Randels would attend a briefing on the Pluto mission. 2. Staff Building Official 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 7 of 10 City Treasurer • No report. Recreation Director No report. City Clerk • Ms. Stills announced that the Cape View Elementary students would participate in a City Government Week activity on Thursday, October 21St at 9:00 A.M. with the Mayor and the City Attorney. She encouraged Council members to participate. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Leo Nicholas referred to an article by Richard Morrow on the traffic study performed on the State Road AIA speed limit. Although those checked were found exceeding the speed limit, it seemed unfounded to lower the speed limit. Mr. Nicholas questioned the inefficiency of the writer's logic. • Ms. Shannon Roberts questioned the discussion of working with the developers to bury the power lines. Mr. Boucher replied that the City is waiting for action from Bell South. • Ms. Roberts also questioned the decorative street lighting on North Atlantic Avenue. Mr. Boucher replied that this also relied on action from Bell South. • Ms. Roberts also questioned a return of the City tax dollars to the County. Mr. Boucher replied that the County taxes the taxpayers in the community a County General Fund tax and the County anticipated receiving $3.7 million. The Local Option Gas Tax is another County funding source. • Ms. Roberts asked if the Council would consider a workshop to discuss the City's future. Mr. Bruns encouraged Ms. Roberts to attend a Planning and Zoning Board meeting stating that the moratorium is an initial step in the City's development. Mayor Randels replied that the City conducts a visioning session on an annual basis to formulate future plans. • Mr. Ray Osborne announced that the Florida Humanities Council would hold a meeting on November 2"d • Mr. Osborne stated that he is planning a History of Cape Canaveral Presentation on January 28th and is seeking speakers and welcomed any person with historical knowledge. Mr. Morgan related some history of the building on Thurm Blvd. • Ms. Karen Hayes addressed the Council and stated that she called City Hall regarding her missed Appearance Board packet and was told that she was removed from the Community Appearance Board. Ms. Hayes stated that she listened to the audio file and subsequently apologized to Mr. Morgan for her City of Cape Canaveral, Florida City Council Regular Meeting October 18, 2005 Page 8 of 10 remarks during a previous Community Appearance Board meeting. She then presented her career background and experience to the Council_ Ms. Hayes stated that she understood that she must address each application with fair and impartial treatment regardless to the subjective nature of the application content. She related that she had intended to resign, but Mr. Camomilli resigned and Mr. Bowman conceded to an alternate position; therefore she remained on the Board. Ms. Hayes repeated her remark verbatim from the Community Appearance Board meeting. She related that most applicants submit more than enough information; however, some submit the bare minimum of information required by the ordinance. She stated that packets from Mr. Morgan's office generally submit the bare minimum requirements. However, most Board members are not acquainted with the requirements and must visualize a two dimensional submittal into three dimensions. She requested to meet with Mr. Morgan prior to any meeting in order to assist him with his applications from the Board's prospective since she is no longer on the Board. Ms. Hayes stated that her professional demeanor might have not been as diplomatic as other Board Chairs; however, she voted on any application using the letter of the ordinance. She stated that she has always presented scrupulously honest on the Community Appearance Board. She stated that she wished the Council had detained their vote to remove her from the Board until she had an opportunity for rebuttal. Ms. Hayes stated that in the past she met with Mr. Boucher for sensitivity training. She related that the Appearance Board members have minimal experience. Ms. Hayes stated that she had no political agenda but merely a volunteer. She stated that effective Boards need a level of passion not to just rubber stamp applications. Mr. Morgan replied that he had left the meeting and the application that came before the Board was not his but that of his son. Mayor Randels thanked Ms. Hayes for the courage of her personal apology. Mr. Nicholas asked for the status of the Magma Trading Corporation lien agreement. The Building Official replied he spoke with the applicant's attorney, Mr. Peters and the applicant was compelled to cut the lawn and remove weeds. Mr. Morley stated that the $1,300 was set aside for maintenance. Mayor Randels stated that compliance must be met by November 24th. Mayor Pro Tem Hoog questioned what would occur if compliance was not met. Mr. Morley stated that the day after the City Council meeting, he noticed the owner on the exterior maintenance, the parking lot, the sign and the structural work that was performed without a permit and other Code Enforcement concerns or Code actions would occur. The owner requested a date of three months from November 24th and the $1,300 escrow applied immediately to the lawn maintenance. 3. City Council City of Cape Canaveral. Florida City Council Regular Meeting October 18. 2005 Page 9 of 10 Mr. Bruns • No report. Mr. Petsos • Mr. Petsos inquired about any funds or a breakdown of how County taxes are used. He commended Ms. Cathy Reakes of the Hometown News saying that she reached someone from the County finance office for a response. • Mr. Petsos requested to place the City Manager's Evaluation on the City Council meeting Agenda for November 1St • Mr. Petsos requested to submit the Casino sewage dumping issue to the Brevard County Government Relations Council. Mr. Bruns concurred. • Mr. Petsos announced a Pep Rally at Cocoa Beach High School and he invited all to attend. • Mr. Petsos announced a Pancake Breakfast and Political Hob -Knob at the Manatee Sanctuary Park on October 29th from 8 A. M. to 10 A. M. The Cape Canaveral City Council candidates will be available. Mr. Morgan • Mr. Morgan noted that the grass on Ridgewood Avenue needs mowing. • Mr. Morgan inquired about additional reclaimed water for the Stormwater Park on Ridgewood Avenue. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog questioned the $1.5 million in proposed funding that the Commission had at its disposal for local roads? Mr. Boucher replied that each County Commissioner was requested to provide a number of roads from the Local Option Gas Tax. The Gas Tax would provide road funding. • Mayor Pro Tem Hoog reported that the School Board Representative, Bea Fowler, inquired if the Council would desire to designate Cape View Elementary School as a School of Choice in light of the reducing student population. • Mayor Pro Tem Hoog commended the new light pole banners. Mayor Randels • Mayor Randels commended the Mayor Pro Tem Hoog for his notes on the County Summit. • Mayor Randels related that a Senior Master Sargeant of the 920th Rescue Wing at Patrick Air Force Base provided a moving presentation from his own personal experience on the loss of teen lives in vehicle accidents. Mayor Randels remarked that he was not aware of Ms. Fowler's concern with Cape View's possible school closing. • Mayor Randels reported on a trailer of pumpkins arriving from Mt. Dora for pumpkin carving at Cape View Elementary School for display at the Ron Jon City of Cape Canaveral, Florida City Council Regular Meeting October 18. 2005 Page 10 of 10 Cape Caribe Resort. Ambassador Services will deliver the pumpkins from Mt. Dora. • Mayor Randels stated that each Commissioner was provided $5 million for road improvements. This however is Bond funding and would not appear for many years. • Mayor Randels announced that the City would acquire a seat on the Brevard Metropolitan Planning Organization. • Mayor Randels related that the Florida Department of Transportation does not have funding for road improvements. The State is working on the Strategic Intermodal System project. • Mayor Randels noted that the Council approved $50 to purchase the League of Women Voters Legislative contact list publication. • Mayor Randels announced that Congress Weldon invited him and others to participate in a video at the Brevard Community College Broadcasting Station on the upcoming Social Security coverage. • Mayor Randels announced that the City received an offer from the County to purchase Cherie Down Park. At this time the County maintains all park maintenance. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:20 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK WHEREAS, America's character begins in the home, where children learn the proper standards of conduct and values; and WHEREAS, families provide children with the encouragement, support, and love they need to become confident, compassionate, and successful members of society; and WHEREAS, parents should be the most prominent and active figures in their children's lives; and WHEREAS, by spending more time together, parents can develop positive and open relationships with their children and encourage them to make positive choices; and WHEREAS, Floridians must work together to promote and preserve the health and security of our families by upholding the timeless values sustained in our society; and WHEREAS, Florida's citizens, schools and civic institutions can assist families by helping to meet the needs of all those who live in our communities; and NOW, THEREFORE, 1, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the month of November 2005 as Family Month in the City of Cape Canaveral and urge all families to strengthen their homes through participation in meaningful activities such as family discussions, home improvement projects, church attendance, recreational sports and family prayer. Page 1 of 1 Rocky Randels From: allenandjulee@aol.com Sent: Wednesday, October 05, 2005 10:07 PM To: rocky-cape@cfl.rr.com Subject: Family Month Proclamation Mayor Randels, We spoke several days ago regarding the letter sent from the Church of Jesus Christ of Latter -Day Saints dealing with the State Resolution proclaiming November as Family Month. You requested that I send you a sample resolution from another city that could be used as an example for your proclamation. I am attaching a Word document as a sample that could be modified for your needs and also a .pdf file that provides a copy of the actual resolution signed by Governor Bush. I suppose by now you also know that many other cities are taking this same action as did Brevard County who will issue their proclamation on 11/1/05. On behalf of the families in Cape Canaveral may we thank you for lending your support to this effort. I­ 7 BestRegards Allen Chamberlain 10/6/2005 i c 1��v1 �-� x � J Cv' Family Month WHEREAS, America's character begins in the home, where children learn the proper standards of conduct and values; and WHEREAS, families provide children with the encouragement, support, and love they need to become confident, compassionate, and successful members of society; and WHEREAS, parents should be the most prominent and active figures in their children's lives; and WHEREAS, by spending more time together, parents can develop positive and open relationships with their children and encourage them to make positive choices; and WHEREAS, Floridians must work together to promote and preserve the health and security of our families by upholding the timeless values sustained in our society; and WHEREAS, Florida's citizens, schools and civic institutions can assist families by helping to meet the needs of all those who live in our communities; and WHEREAS, by working together to strengthen our families, we build a nation of hope and opportunity for all; NOW, THEREFORE, I, Jeb Bush, Governor of the State of Florida, do hereby extend greetings and best wishes to all participating in Family Month, November 2005. IN WITNESS WHEREOF, 1 have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed at Tallahassee, the Capital, this 26th day of September in the year of our Lord two thousand five. GOVERNOR WHEREAS, The family is the most important unit in our society and the foundation upon which the structure of society rests; and WHEREAS, The quality of our community life begins within the homes of individual families; and WHEREAS, The most important work we can ever do is within the walls of our own homes; and WHEREAS, Families are searching anew for more effective ways to combat the elements of our society which seek to destroy the family THEREFORE BE IT RESOLVED: That I , Mciyor of do hereby proclaim the month of November 2005, as FAMILY MONTH And I urge all families in the City to strengthen their homes through participation in meaningful activities such as, family discussions, home improvement projects, church attendance, recreational sports and family prayer; And I recommend that youth organizations, service clubs and other civic groups and churches feature speakers and activities during this month to focus attention on family unity. Mayor Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Consent Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2005-39, APPOINTING A REGULAR MEMBER AND ALTERNATE MEMBER TO THE PLANNING & ZONING BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2005-39, appointing Donald Dunn as a regular member and Shawn Schaffner as a first alternate member to the P&Z Board as recommended by the Planning & Zoning Board. Summary Explanation & Background: Mr. Dunn's term will expire 09-15-2008. Mr. Schaffiier's term will expire 09-15-2007. Exhibits Attached: Resolution No. 2005-39 City M r Office Department LEGISLATIVE c kim\myd ument. drain\counci eeting\2005\11-01-05\2005-39 doc RESOLUTION NO. 2005-39 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A REGULAR AND ALTERNATE MEMBER TO THE PLANNING AND ZONING 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 58-26 has created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a regular and alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Donald Dunn is hereby appointed as a Regular Member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2008. SECTION 2. Shawn Schaffner is hereby appointed as First Alternate Member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2007. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of November, 2005. Rocky Randels, MAYOR PRO TEM ATTEST: FOR AGAINST Bob Hoog Burt Bruns Susan Stills, CITY CLERK Jim Morgan Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY Page 1 of 1 Susan Stills From: Susan Chapman [chapman-cape@cfl.rr.com] Sent: Thursday, October 13, 2005 9:06 AM To: Todd Morley Cc: SUSAN STILLS Subject: Planning & Zoning Board Members Good Morning, At last night's P & Z meeting, discussion was held regarding the required procedure for appointment from an alternate to a regular member. By consensus, the Board members agreed that Donald Dunn should be moved from the 1St alternate to a regular member; and Shawn Schaffner should be moved from 2nd alternate to 1 st alternate. Please schedule these items on an upcoming City Council meeting. If you have any questions, please let me know. Thanks, Susan 10/13/2005 8702 Hibiscus Court Cape Canaveral, FL 32920 Dear Mr. Dunn: of Cape Canaveral Please check the box that indicates your desire to serve as a regular member of the Planning and Zoning Board and return this notice immediately to your Board secretary or the City Clerk. The resolution to appoint you as a regular member is scheduled to appear on the City Council Agenda of Tuesday, November 1, 2005. Thank you. PKI DO wish to be considered for appointment as a regular member. f ❑ 1 DO NOT wish to be considered for appointment. 01,. f /J\AWA J z t c, c (Signature) Donald Dunn, Planning and Zoning Board Sincerely, Susan Stills, CMC CITY CLERK Cc: Susan Chapman Secretary, Planning & Zoning 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 r of Cape Canaveral desire to serve as 1 st alternate member of the Planning and Zoning Board and return this notice immediately to your Board secretary or the City Clerk. The resolution to appoint you as 1 st alternate is scheduled to appear on the City Council Agenda of Tuesday, November 1, 2005. Thank you. M"'I DO wish to be considered for appointment as 1 st alternate. ❑ 1 DO NOT wish to be considered for appointment. vo��W is�__ (Signature) Shawn Schaffner, PI ning and Zoning Board Sincerely, Susan Stills, CMC CITY CLERK Cc: Susan Chapman Secretary, Planning & Zoning Board 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Considerations Item 4 No. Assistant State Attorney Michelle Jackson and County Attorney Scott Knox drafted the attached proposed AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: SUPPORT FOR THE COUNTYWIDE FIREWORKS ORDINANCE DEPT/DIVISION: LEGISLATIVE Requested Action: City Council send a letter of support for the proposed countywide fireworks ordinance, as requested by Brevard County Commissioner Ron Pritchard. Summary Explanation & Background: The countywide fireworks committee recommended on September 28"' to amend the Brevard County Code, similar to the Pinellas County Code that has passed a constitutional challenge. Assistant State Attorney Michelle Jackson and County Attorney Scott Knox drafted the attached proposed ordinance that will apply to all cities and unincorporated areas. I support the proposed ordinance. Exhibits Attached: Letter from Commissioner Pritchard/Proposed Ordinance City Mana Office Department LEGISLATIVE rM \auu\myu unvc� �p� \aumin\council\meeLinq\tvv5\lt-vi-v5\rireworxs.aoc BREVAR BOARD OF COUNTY COMMISSIONERS RON PRITCHARD, D.P.A., Commissioner, District 2 2575 N. Courtenay Parkway, Suite 200 Merritt Island, FL 32953 October 20, 2005 Mr. Bennett Boucher Cape Canaveral City Manager P. O. Box 326 Cape Canaveral, Florida 32920 Dear Bennett: FLORIDA'S SPACE COAST Telephone: (321) 455-1334 Fax: (321) 455-1333 r.pritchard@brevardcounty.us At its October 11, 2005 County Commission Meeting, the Board approved Permission to Advertise for a Public Hearing on the countywide Fireworks Ordinance scheduled for December 6, 2005. A copy of the Agenda Report and Ordinance is attached for your review and information. As you are aware, the Countywide Fireworks Committee met several times over the last two years in an effort to curb the sale and use of illegal fireworks in Brevard County. The Board of County Commissioners amended its Zoning Code in 2004 to prohibit the sale of illegal fireworks except in IU (Industrial Use) areas, and prohibited the use of all fireworks in its parks and on its beaches. Some municipalities have followed suit, and in many cases have expanded their ordinances with further prohibitions. This ordinance is patterned after the Pinellas County Ordinance that has passed constitutional "muster" through two courts. It is important to approve what we can before the 2006 Legislative Session begins as changes to remove local enforcement authority are expected with grandfathering clauses anticipated. The Space Coast Fire Chiefs and Police Chiefs Associations have supported the Fireworks Committee since its initiation. Your past support of this worthwhile legislative action to protect the welfare and safety of our residents and visitors is appreciated, and I look forward to your continued assistance in the form of a letter of support for this ordinance from your Council to be presented to the Board at our Public Hearing December 6, 2005. Please address the letter to me at the above address by November 22, District 2 Includes: Cocoa • Kennedy Space Center • Merritt Island • Port Canaveral • Cape Canaveral • Avon by the Sea • Cocoa Beach • Snug Harbor • Patrick AFB PRINTED ON RECYCLED PAPER October 20, 2005 Fireworks Ordinance -2- 2006, for inclusion in the agenda package. I also welcome your attendance at the Public Hearing December 6t" to voice your support in person. Thank you for your consideration, and if you have questions, please feel free to call me or my Administrative Assistant, Sharon Luba, at 455-1334. Sineritcha Z.- on, D.P.A. County Commissioner District 2 Attachments cc: Countywide Fireworks Committee Peggy Busacca, County Manager Berni Talbert, Clerk to the Board Fireworks Committee - revised e-mail addresses: Mark Amaral mama raI(a-)_cityofcocoabeach. com Bennett Boucher boucher-cape6j�cfl.rr.com Rocky Randels rocky-cape(@_cfl.rr.com Charles Billias cbillias cityofcocoabeach.com A. J. Hutson aihutson .cityofcocoabeach. com John Shockeyjohnshockey(a)-rockledgepolice.com Robin Sobrino robin. sobrino(a)_brevardcounty.us Michelle Jackson miackson(@sa18.state.fl.us Rick Allen fi rec h ief(d_) cityofroc kl edge. o rg Bobby Bowen bobby.bowen@brevardcounty.us Bill Farmer bill.farmer@brevardcounty.us Ricky Plummer rplummer@cocoafl.org Frank Scates frank.scates@brevardcounty.us Jeff Pearson a pea rson(jj�satelIitebeach. org Lionel Cote lcote @@satellitebeach.org Brad Hodge bhodge(a)satellitebeach.org Steve Fernez sfernez@melbourneflorida.org Scott Knox scott.knox(a)_brevardcounty.us J. R. Hansen jr.hansen@brevardsheriffsoffice.org Doug Carter doug.carter()brevardcounty.us Paul Chalko paul.chalko@brevardsheriffsoffice.org Lt. Bryan Bice bbice melbourneflorida.org Rick Talbert firechief(j�titusville.com Ron Pritchard r.pritchard(@,brevardcounty.us Sharon Luba sharon.lubaC@brevardcountV.us ORDINANCE NO. 05 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA PERTAINING TO THE REGULATION OF THE USE AND SALE OF FIREWORKS AND SPARKLERS; PROVIDING FOR DEFINITIONS; ESTABLISHING REGULATIONS APPLICABLE TO THE SALE AND USE OF FIREWORKS AND SPARKLERS; PROVIDING FOR VIOLATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR TERRITORIES EMBRACED; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA: Section. 1. Definitions. As used in this ordinance, the following words and terms shall have the meaning ascribed thereto: (a) Fire Administration means the Brevard County Fire Rescue Department or the fire departments of any of the municipalities and special fire control districts in the county. The term shall also include not-for-profit corporations with whom Brevard County contracts for fire protection services. (b) Fire Authority shall mean the Brevard County Fire Chief. (c) Fire Official shall mean the Brevard County Fire Chief or the fire chief of any municipal fire department. (d) Fireworks, sparklers, retailer, wholesaler, distributor, and manufacturer shall have the same meaning as specified in F.S. Section 791.01, as it may, from time to time, be amended. 1 (e) Seller shall refer to either a wholesaler or retailer as appropriate to the context of the transaction. (f) Proximate audience means an audience to an indoor display and which is closer to pyrotechnic devices than allowed by N.F.P.A. 1123, 1995 Edition. (g) Pyrotechnic operator means the person responsible for pyrotechnic safety and who controls, initiates, or otherwise creates special effects. The operator is also responsible for storing, setting up and removing pyrotechnic material or devices after a performance. (h) Pyrotechnic means the science of controlled exothermic chemical reactions that are timed to create the effects of heat, gas, sound, dispersion of aerosols, emission of visible electromagnetic radiation, or a combination of these effects to provide the maximum effect from least volume. (i) Pyrotechnics material means a chemical mixture used in the entertainment industry to produce visible or audible effects by combustion, deflagration, or detonation. Such chemical mixture predominantly consists of solids capable of producing a controlled, self-sustaining, and self-contained exothermic chemical reaction that results in heat, gas, sound, light, or a combination of these effects. The chemical reaction functions without external oxygen. 0) Sparkler means a device which emits showers of sparks upon burning, does not contain any explosive compound, does not detonate or explode, is hand-held or ground-based, cannot propel itself through the air, and contains not more than 100 grams 2 of chemical compound which produces sparks upon burning. If a sparkler or item similar to a sparkler does not appear on the state fire marshal's List of Approved Sparklers it will be considered a firework. Section 2. Authority. This ordinance is enacted pursuant to the Home Rule Charter of Brevard County, Florida and F.S. Chapter 791. Section 3. Territory embraced. All territory within the legal boundaries of Brevard County, Florida, including all unincorporated and incorporated areas, shall be embraced by the provisions of this ordinance, unless a municipality adopts an ordinance which conflicts with this ordinance, in which case the municipal ordinance shall prevail. Section 4. Storage and sale of sparklers. (a) Sparklers shall be stored and may only be sold in the unincorporated and incorporated areas of the county in accordance with the zoning laws, fire prevention code, license laws of the county and permits issued by the local fire official having jurisdiction and all other state and local laws. (b) All manufacturers, distributors, and wholesalers of sparklers shall be registered with the State Division of Fire Marshal pursuant to F.S. 3 Section 791.015. A retailer of sparklers shall be required to comply with the provisions of F.S. Section 791.01. Section 5. Prohibition of fireworks; exceptions; permits and regulations. (a) Except as provided in F.S. Sections 791.02, 791.04, or 791.07, or under this ordinance, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale at wholesale or retail, expose for sale at wholesale or retail, or use or explode any fireworks within the county. (b) The authority shall develop an affidavit which all sellers of fireworks within the county shall use to determine the entitlement of any purchaser at retail or wholesale to buy fireworks. (c) The purchaser of any fireworks must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the purchaser is registered with the division of the state fire marshal, or is licensed as a wholesaler, manufacturer or distributor, and is otherwise in compliance with F.S. Ch. 791. The seller shall retain a copy of any proof of registration presented. (d) The seller must maintain an on-site record of all sales, including the name and address of each purchaser, the form of the purchaser's identification presented along with any unique identifier associated with that identification (e.g. driver's license number), and, where required, proof of registration and compliance with F.S. Ch. 791. If the seller 0 determines that registration under chapter 791 is not required, then the basis for such exception or exemption shall be recorded on a form approved by the authority. (e) Any person, firm, partnership, or corporation who is not registered with the division of the state fire marshal and who, pursuant to F.S. Section 791.04, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping all fireworks purchased to the purchaser or other recipient at an out-of-state point of delivery. (f) Any person, firm, partnership or corporation who, pursuant to rules promulgated by the Department of Agriculture and Consumer Services under F.S. Section 791.07, purchases firecrackers for frightening birds must provide to the seller documentary evidence that the purchaser has complied with the regulations of the state Department of Agriculture and that the purchaser has filed with the sheriff of the county where the firecrackers will be used the statement as required by the Florida Administrative Code. The purchaser shall provide to the seller a copy of any statement so filed with the sheriff as required by the Florida Administrative Code. The seller shall be required to maintain a copy of the proof offered in addition to the information required in subsection (d) above. (g) The purchaser of fireworks to be used by a railroad or other transportation agency must provide a copy of the business license or other government issued document evidencing that the purchaser is a legitimate railroad or transportation agency. A 5 commercial driver's license, by itself, does not meet the requirements of this section. A copy of this document must be maintained by the seller. (h) The purchaser of fireworks to be used in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other governmentally issued document showing that the purchaser is operating a mine, quarry or other industrial enterprise. The seller shall maintain a copy of this proof and note the use for which the fireworks shall be used. The seller shall also record the location where the fireworks will be used. The purchaser of fireworks to be used in a public display such as those authorized under section 13 of this ordinance, must produce a copy of the current permit from a county or municipality and the seller must keep a copy of this permit with the record of sale. (i) All appropriate local and state permits, registrations, certificates and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. 0) The seller must maintain copies of the records required by this ordinance at the location where the sale took place for a period of four years from the date of the sale. If the location of the sale was in a temporary facility, the records must be maintained at that site for the duration of the existence of the temporary facility and thereafter for the remainder of the four years in a location within the county which location shall be listed on the application for the permit from the authority. These records must be available and provided immediately upon request for inspection by fire or law enforcement officials. In the event that the sales location, other than a temporary site, closes or moves, the records 0 required by this section to be retained must be stored at a location in the county where they will be readily available for inspection by the authority, fire officials or law enforcement. The seller shall advise the authority of any change in the location of these records. Section 6. Vendor receipts. Every vendor of fireworks or sparklers shall be required to provide to each purchaser of such item a receipt showing the vendor's name and address. Such receipt shall be provided at the time of purchase. Section 7. Labeling requirements. Any device permitted by this ordinance shall have printed in English on the label or container thereof the total weight of combustible substance, the name of the chemical composition and a brief statement describing its action when ignited. Section 8. Designation as dangerous products. It is the intent of this ordinance to adopt and affirm the state tort law imposing strict liability upon vendors, distributors and manufacturers of dangerous products. Fireworks and sparklers shall be deemed ultra -hazardous and dangerous products, subjecting the vendors, distributors and manufacturers to strict liability for any injury sustained by a purchaser or user of such item. 11 Section 9. Fire authority to issue permits governing the sale of fireworks. (a) The fire authority is authorized to issue permits which shall be required for all sales of fireworks within the county subject to the limitations of section 3. (b) Any person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the fire authority. This requirement is in addition to any licensing or permitting required by any municipality. Any sale of fireworks without first obtaining a permit is a violation of this ordinance and is subject to the penalties in section 14. (c) In order to obtain a permit, the applicant, must provide proof of compliance with all state and federal regulations regarding the storage, display for sale and sale of fireworks at each location listed on the application. (d) The application for such permit shall include proof that the applicant is registered with the division of the state fire marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to F.S. Section 791.015, and shall be accompanied by a permit fee in an amount to be established by resolution of the board of county commissioners which may be set in an amount sufficient to pay for the cost of regulatory requirements of this ordinance. (e) The applicant must show evidence of financial responsibility pursuant to section 10. (f) The applicant must disclose the name and address of all persons or entities having an interest (financial, security or otherwise) in the inventory that will be offered for sale. (g) Each location at which the applicant intends to display fireworks for sale or sell fireworks must be listed on the application. The application must also list the name of the manager in charge of each location and their address. The permit shall be issued in the name of the applicant only and shall not be transferable. (h) The application for the permit shall also list the nature of any other sales or business operations of the applicant which are to take place at the permitted premises. (i) Once a permit is issued, the permit holder shall have a continuing obligation to notify the authority of any change in the information set forth in the application for the permit including, but not limited to any changes in physical address or closure of the permit holder's operations at any location where the permit holder does business in the county. 0) As a condition of maintaining the permit, the permit holder must comply with all federal, state and local regulations governing the sale and storage of fireworks, and must maintain all necessary permits required by federal, state or local law, ordinance or regulation. The permit holder must also comply with the record keeping provisions of this ordinance. (k) The authority is authorized to issue temporary fireworks sales permits which shall be in force for a period not to exceed 90 days and annual fireworks sales permits which shall remain in effect for no longer than 12 months. E Section 10. Evidence of financial responsibility. In furtherance of the provisions of sections 8 and 9, all sellers of fireworks must keep in force an insurance policy showing general, comprehensive, liability and property damage insurance coverage on an occurrence basis with minimum limits in the policy of not less than $1,000,000.00 combined single limit coverage for each loss that may result from the activities of the sellers. Sellers must maintain Workers' Compensation coverage as required pursuant to F.S. Ch. 440. A failure to maintain this required coverage after the procurement of a permit shall be a violation of this ordinance and grounds for suspension of their permit from the authority and the sale of the permitted goods shall cease until such time as the required insurance is obtained. Section 11. Applicability and purpose. The purpose of sections 12 and 13 is to regulate the public display of fireworks in the county and to provide permitting requirements for the outdoor display of fireworks and use of pyrotechnics before a proximate audience. Section 12. Public display of fireworks. The supervised public display of fireworks is permitted if the requirements of this section have been met. All displays must be in accordance with the Code for the Display of Fireworks, as set out in N.F.P.A. 1123, 1990 Edition and NFPA 1126, 1996 Edition. (a) Application requirements. 10 (1) An application for a permit to operate a display of fireworks in accordance with this ordinance shall be made with the appropriate fire administration at least 15 days prior to the scheduled date of the event. The application shall be in a form prepared and approved by the fire authority. information: (2) The application submitted by any applicant must contain the following a. The name of the individual, group or organization sponsoring the fireworks display, together with the names of persons actually in charge of the firing of the display; b. Evidence of financial responsibility in the form of proof of public liability insurance in an amount not less than $1,000,000.00 combined single limits bodily injury and property damage with no aggregate. display; discharged; C. The date and time the display is scheduled to be held; d. The exact location planned for the fireworks or pyrotechnics e. The approximate number and kinds of fireworks to be f. The manner and place of storage of the fireworks prior to delivery and discharge at the display site; and g. A diagram of the grounds, or buildings where the display is to be held showing the point at which the fireworks are to be discharged, the location of all 11 buildings, highways and other lines of communication, the lines behind which the audience will be restrained, and the location of other possible overhead obstructions. (b) Permit approval. 1. All applications will be reviewed to determine if the requirements of this ordinance have been met. Each proposed location will be inspected or investigated to determine if the location complies with the regulations for the display of fireworks. 2. The appropriate fire administration will determine if the display of fireworks, as proposed by the applicant, will provide an acceptable degree of life safety based upon the terrain, available fire protection features or other requirements deemed appropriate by the fire authority. 3. The fire administration official may, as a condition of the permit, require on-site uniformed district personnel, specialized fire protection equipment or extra suppression equipment. Any costs incurred to comply with the conditions of the permit will be the responsibility of the applicant. 4. A permit may be revoked at any time if the applicant fails to comply with the terms and conditions of the permit. 5. A permit granted in accordance with this ordinance is not transferable. Section 13. Use of fireworks. No person or entity shall use, explode, or store, fireworks in the county, unless: 12 (a) The person or entity first obtains an appropriate county permit for the public display of fireworks or pyrotechnics in accordance with this ordinance; or (b) The use is by a railroad or other transportation agency for illumination or signal purposes or the use is associated with quarrying, blasting, or another industrial purpose in accordance with F.S. Section 791.04; or (3) The use in conjunction with a bona fide agricultural use, as provided in F.S. Section 791.07 and the applicable provision of the Florida Administrative Code. Section 14. Penalties and enforcement. (a) Any person, firm or corporation, or any agent thereof, who violates any provision of this ordinance shall be punished and its requirements enforced as provided under section 1-7 of the Code of Ordinances of Brevard County, Florida. Violations shall subject an offender to arrest pursuant to F.S. Section 901.15 and prosecution and penalties specified under F.S. Section 125.69. These sanctions are in addition to any criminal penalty which is available under the provisions of F.S. Chapter 791. Each violation of this ordinance constitutes a separate offense and is punishable as such. (b) The law enforcement agency having jurisdiction has the authority to immediately order the cessation of the sale of fireworks at any business or location that is selling fireworks without all required permits until such time as corrective action is taken and the missing permits are obtained. Upon written notification by the appropriate law enforcement agency that sales are to cease, the seller shall take appropriate action to 13 secure its fireworks inventory immediately and to prevent the further sale by securing the fireworks in an appropriate off premises locked facility that meets state and local fire code standards. As an alternative to securing the fireworks off site, the business may cease operations until such time as the required permits are obtained and during this time store the inventory on site if the location is secure and meets state and local fire code requirements. It shall be the obligation of the seller to ensure that adequate security is in place during any period they cease operations. Prior to resuming the sale of fireworks, the seller shall notify the authority of its intent to resume sales and of the corrective action taken. (c) If a seller has been convicted of a violation of this ordinance or of F.S. Chapter 791, and within 12 months of that conviction commits a new violation of this ordinance or of F.S. Chapter 791 that results in a conviction, its permit to sell fireworks under section 9 shall be suspended. The suspension shall be in addition to any sanction otherwise available under state law, this ordinance or the Code of Ordinances of Brevard County, Florida. The first suspension shall be for a period of 14 days. In the event of any successive violation of this ordinance or the provisions of F.S. Chapter 791, occurring within 24 months of a suspension of permit under this section, and which successive violation results in a conviction, the seller's permit to sell fireworks shall be suspended for a period of 30 days. Upon notification of a suspension of the permit to sell fireworks, the seller shall immediately remove their fireworks inventory from their premises and store them in a secure offsite location which meets all appropriate state and local fire codes. 14 Alternatively, the seller may cease operations during the period of suspension if their premises are secure and otherwise meet the requirements of local and state fire codes. (d) For purposes of this ordinance, a conviction includes the payment of the assessed fine by not contesting the notice of violation where there is no court appearance. A conviction includes a finding of guilt by a judge regardless of whether or not adjudication is withheld. (e) Responsibility for the enforcement of this ordinance lies with the Brevard County Sheriffs Department, any law enforcement agency other than those whose municipality has taken action pursuant to section 3, and the appropriate fire administration. In the event fireworks are displayed in violation of this ordinance, the Brevard County Sheriffs Department, any law enforcement agency other than those whose municipality has taken action pursuant to section 3, and the appropriate fire administration may seize, take or remove the illegal items at the owner's expense and seek criminal action against the violator as appropriate. (f) Fire officials in their respective jurisdictions shall be responsible for obtaining compliance with respect to building code and permitting requirements applicable to the display, sale, storage and manufacture of fireworks and sparklers. (g) Nothing in this ordinance may prevent the county from bringing a civil action or imposing civil penalties upon a violator in an appropriate case. 15 Section 15. Severability. If any section, subsection, sentence, clause, phrase or provision of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this article invalid or unconstitutional. Section 16. Effective Date. This ordinance shall take effect upon filing as provided by law. DONE, ORDERED AND ADOPTED in Regular Session, this day of , 2005. Attest: Scott Ellis, Clerk (SEAL) BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Ron Pritchard, D.P.A., Chairman (as approved by the Board on 16 , 2005) Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Considerations Item 5 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 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/coff espondence City Ma 's Offic Department ADMINISTRATION \aamin-Nrau iNmeetingNzuu5\ll-u1-u5\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 Date: 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 Mechanic/ 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 carry 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 altemative 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 Icer a 20 increase rather than a 30`,'%0 over current rates. The second Blue Cross alternate plan is more competitive with Health First, however, the benefits are less. Something 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 t-lospitai, Av-Med is not in Brevard County, and CIGNA is not in the small group market anymore. We hay c looked at all fully insured options available. We were asked to look at the possibility of a partial sell-timded option. Atter several unsuccessful attempts we could not get in touch with a TPA that "as 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 13°o increase with Ameritas. We had gone back to Ameritas to have the rates reduced since the oris=final rencvwa] Nvas 170/,. We thought they would reduce the rates lower, however, the 13"'� was the best they could do since your claims are running high. We f«tmd 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, 1 x salary and an additional S-15,000 after one year of employment. The carriers did not quote the additional `625,000, however, the i x salary was quoted. GE is still the most competitive. Out- recommendation urrecommendation is to stay with GE. ^' O � •Ar U U co V U ;o o CU U o N >+ CA o 0 r.+ cc 'b 00 0 _N U OO M 00 O r.- 00 00 W .. C M i 06 -. C �7 p M [� o s. 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A a cd w —Cd d a� a c as O O w w v, T �, 4 N N N a, 06 6 ) 1"o "" rn � N p N o N 6 O 4&S06 o0 00 o � 69 O ca Cd (U9. A a cd w —Cd d a� a c as O O w w v, T �, 4 N N N a, 06 6 ) 1"o "" rn � N p N o N 6 O 4&S06 o0 00 o � 69 v, T �, 4 N N N a, 06 6 ) 1"o "" rn � N p N o N 6 O 4&S06 o0 N � O kn C1 6Ng 6~9 -- \ Es9 M v o U a� a r—fAA Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Considerations Item 6 No. City Manager Evaluation Memo/Evaluation Forms AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ANNUAL CITY MANAGER EVALUATION DEPT/DIVISION: LEGISLATIVE Requested Action: City Council conduct an evaluation of the City Manager for the rating period ending 09-16-05. Summary Explanation & Background: Attached are completed evaluations submitted to date. Please advise. Exhibits Attached: City Manager Evaluation Memo/Evaluation Forms City Mana er's Q ce Department LEGISLATIVE r gape-if�mydocum nt council\m il-01-05\eval.doc OCT 26 '05 09:47 FR KSC M6-1357 321 867 8011 TO 58681224 ""� CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: P.01 (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher 9-16-05 City Manager - Name Evaluation Due Date Organizational Management 1. Plans and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department Heads, Demonstrates knowledge/understanding of Departmental operations. Comments: 4!�00.6 Uie Dr -r4E eirx fe!"f SSS 'rl'0-cf T- ,� -dw�; Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. s 2. Administers the adopted budget within approved revenues and expenditures. OCT 26 '05 09:48 FR KSC M6-1357 321 867 8011 TO 58681224 P.02 City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. y� Comments: 13vWfo-1- IXs'vr-F A4Z 1-4 -044,0 wer# 6;wGdGe' r A -J"* W +�a /'0 STr'e iy aeE UJe off' 70"./r pit; ��c.h� �a,✓ �' vtr �'�+►'T .%� �i0'liC.:drj� �jl•,.ndriY7C..S' Planning 1. Establishes a process of planning in anticipation of future needs [] and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: R-zD 1W w h a &$VL -0 r�.aw�lr_ e? Ir ��'O��S YXS-,Joh `�'p e �-, r1 � .f' G�`6 L.� _ _ �S 7`•� � L �J� a,�,,,.�rt.�►�a�sA 1�y �� Staffing 1. Recruits and retains qualified Department Heads. 21 2. Initiates corrective action to improve employee job performance,33 when needed. 3. Effectively manages personnel issues including employee [�I insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. 2 OCT 26 '05 09:49 FR KSC M6-1357 City Manager Evaluation 321 867 6011 TO 58681224 P.03 Comments: 7AiW6w s!:snar„,,,epp a C.v��” ,�v6✓ �- Go�r��erJ I `- i t �r L Cv -7fw" &Y14Z01&" �na26 /,vF,rze r 8 N J t/OST AP 4 617.0- i 4-%vp ` A-j�f' Azr Poe—'3 /V A-e� S' e ltr lµG� 4sc� . Wck I ,,A,0,a.nsa,r'W Supervision 104. G1ES, 1. Encourages Department Heads to make decisions within their own LY jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City (� employees. / Comments. -'v0 p Zh4A"y197h/j1 yam 60Mf"CWr 0%,V A1vw Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments%-'�w 4;,v 1W Al�+'�2 Cay 'J .� 4"�V V4- A'V�i4ioa 6 � -A-X4'& Lw -- V,0 v ae /i/& 1ho&6 /iv moo, S. IJ a 7A OCT 26 '05 09:49 FR KSC M6-1357 321 867 8011 TO 58681224 P.04 City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as when requested by Council. Comments: 4e,50A4.e1_/ ®F (SSy6j LS vS'v,o L��y 'f' C,v fe-<C. Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discusso issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open] communications with other municipalities in areas that may affect or relate to the City. Comments: e,* 00 46nVgV* A' r� 1,r, -41-q � f' 7 Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to bej kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. F 4 OCT 26 '05 09:50 FR KSC M6-1357 321 867 8011 TO 58681224 P.05 City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: 1'r:5 Sxs-, 7-- :22 .Sce lii oaC Z::�m~Ar �j j vvo/r&;0%I 'Iwo /0*5 CN �� COin�✓rr ��� �h �'E, Ov r �S�OG� lLEi.,�! tY? �-D`� �Gr-�0 �!0 GD i»m6•v 7 65n1 ,p�2�0/fir S/G'aN'C.�t.✓S Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 0(.12S'ios 44 /Y/A,�Y.�IN � .I�G.G.n /� cv A.,..r d a�►/A 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: G2A'Wid": :'b ,E'L-00 ow Au /sSuC.S AS `7ir,Ely L 1 0ass�.3Ze 3. Two things that the Manager does now that I would most like him to continue - a /YiA��r•4�NrUG i4A) 60-eg 44elff _GcJ�T�1 QG4LJ FAW ,*e -r OCT 26 105 09:50 FR KSC M6-1357 City Manager Evaluation L:7 321 867 8011 TO 5B6B1224 P.06 4. Two things that the Manager does now that I would most like him to discontinue: a. b. 5. Two things that the Manager does not do now that I would most like him to do: a_ b. Kr, z4vovllt%� C�a z 14,4- z , Name and Title of Person Performing Evaluation 6 ,z41//4 Date ** TOTAL PAGE.06 ** CITY OF CAPE Clia,",IVER&L CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Organizational Management 9-16-05 Evaluation Due Date 1. Plans and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: S, q, /q, oc�/�X�'e/%.0 7 %i7•rJ.v�� �r7`/� (1600A i L P/-rH -T#45 Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. u 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. Comments: C/o 'r "/ h _AJK ,4AI/ W,J`' ���r� 41L14) 1��1��,✓r,�gri�E Planning Establishes a process of planning in anticipation of future needs and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the 31 implementation of all city goals/objectives. Comments: ,�ENN�/% /� .t�Lvr/r4�Sj�/,�/� hof-i� `�✓ T ,8��'E2. AA dVl oee ge,,, /_-, r .9,6wmev— Staffing Recruits and retains qualified Department Heads. 2. Initiates corrective action to improve employee job performance, when needed. 3. Effectively manages personnel issues including employee 1 insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. City Manager Evaluation Comments: 3� iP,02- �1N� Supervision Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize Lf support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: � )ll7lA �l /V DAJ6 Onl ,12AJE &AJ -7 QCT j" 4e' j v� Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. [V 4. Carries out the directives of the Council as a whole, rather than [.1 those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: OV62 All �oo� ��Tiori lcTl� &9 1,c d AWd S'TA-OC. /. ,14a"?5 /445 j14�NQrlo,J To 0ouu6iL City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. 7 3. Reports are generally produced through own initiative, as well as [el when requested by Council. Comments: A6C4C7,1 r4__- ,/;�ERme,7 / 5 M©T ,4 n/ 7_15k, diTf -j ,/,OAO2,`A//L/J 7;�t/V7— C7®<1eR-,1U5 7 Ui 7 RE /JO 7- �O r/ /Ai Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. Comments:5 %v fia �!2 �.oGvivT, �Pr,, /ail T/�,�i� 4Pi,via xJ GAF ��oy/� Q� ��7T i2 , G�,rio,v5h�•d Aili-� Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. 4 City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: ����� // sc%TT N�-� / ��f p �ie s404e- fllVC. idi✓� els ✓������ .. .� ,q��•�y� ,�j,��/�i� r��,�� � . �� �o,�s �����:o,��/ 1A) AP64(,4Wc E AOA)WF-i0PF-SF-N7"S TLie C 't? Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 71;ke!� 6,qL%6'e T Pk,<e S S 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: 1116oR,25 4QSoAJ,* 6 &,f,-rac/' 4.,yri (',OX dAJ 0a6 .04.)T�9C7-7 ^may'86 Z-v,CA / Au J eq AFE4J jI - t3oY',j 6o,oleP ,95 70 7-12e 3. Two things that the Manager does now that I would most like him to continue: i , ///. AeS Iyc 6 '43 4 Aw'd L , City Manager Evaluation a 4 a. 3 Two things that the Manager does now that I would most like him to discontinue: 5. Two things that the Manager does not do now that I would most like him to do: a. RO ,C 6,py7c� CJi7;;° ,�i�/�%n�fi�0 C�� Tl-/� 572S� T. b. , Name and le of Person Performing Evaluation 6 1011111,5 Dat CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) goodr- (4) very good-, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Organizational Management 9-16-05 Evaluation Due Date 1. Plans and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. Improving with time; good job Comments: Fiscal Management F 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. • 25 2. Administers the adopted budget within approved revenues and• 75 expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of ❑ staff, materials, and machinery/equipment. 4 4. Prepares reports for Council that comprise the most up-to-date ❑ data available concerning expenditures and revenue. 4 Comments: Above average Planning 1. Establishes a process of planning in anticipation of future needs 4. 5 and problems. 2. Participates in the establishment of reasonable goals/objectives L15 for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of 5 the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the Z35 implementation of all city goals/objectives. Comments: Very job job Staffing 1. Recruits and retains qualified Department Heads. 2. Initiates corrective action to improve employee job performance, when needed. 3. Effectively manages personnel issues including employee 0 insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. OA City Manager Evaluation Comments: Continued improvement Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: I see a lot of improvement Relations with Council 1. Responds to requests for information or assistance by the Council p. 15 and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Council as a whole, rather than 4❑ those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: Getting better 3 City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of r importance to the City. 2. Reports are accurate and comprehensive. 44 3. Reports are generally produced through own initiative, as well as 0 when requested by Council. Comments: A very good job Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and 4. 5 prompt manner. 2. Willingness to meet with members of the community and discuss �15 issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open 4F 5 communications with other municipalities in areas that may affect or relate to the City. Comments: A very good job; getting better Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. [�p 4 City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. 4.5 Comments: Good j ob Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: His management skills are getting stronger in most all of his duties. 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: Standing up for, and behind City employees; you are getting better 3. Two things that the Manager does now that I would most like him to continue: a• Continue to stay ahead of the curve 5 City Manager Evaluation b. Continue being the best 4. Two things that the Manager does now that I would most like him to discontinue: a. Again, no negative comments b. 5. Two things that the Manager does not do now that I would most like him to do: a. No negative comments b. ame and Title of Person Performing Evaluation 6 Date 10/28/2005 11:29 FAX 321 784 4200 COCOA BEACH REALTY CB COCOA BEACH REALTY 0 001/002 120 CANAVERAL PLAZA COCOA BEACH, FL 32931 PH. 321-783-4200 FAX 321.784-4200 www.cocoabeachrealty.com Sash OA9ee !s independently Owned And Operated FACSIMILE 'TRANSMISSION SHEET IF YOU HAVE ANY QUES'T'IONS OR' 11tANSMISSION PROBLEMS PRASE CALL. DATE: / o -- a 6 —OS- TO: o.5TO: ATTENTION: / FAX NUMBERl'AA y FROM: REFERENCE: NUMBER OF PAGES TO BE TRANSMITTED: .11 (rNCLUDING COVER SHEETS 10/26/2005 11:29 FAX 321 784 4200 CB COCOA BEACH REALTY a 002/002 October 26, 2005 To: Bennett Boucher, City Manager City of Cape Canaveral From: Burt Bruns, City Council Member Re: City Manager Evaluation In view of the short term of my tenure on the City Council, I do not believe it would be appropriate for me to comment on the performance of the city manager for the past year. Since being appointed to the council in June, I have knowledge of the budget process, contracts with the police and fire departments and the establishment of tax assessments for the coming year. These areas have been handled efficiently, effectively and on time. Mr. Boucher has done an excellent job of keeping me informed of issues that affect the city. I am also aware that he has done an outstanding job of attracting and keeping our very competent city staff. I look forward to meeting with you at your convenience to further discuss this matter. Be//st regards, A Burt Bruns Council Member Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Ordinances -2nd Reading Item 7 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 19-2005, IMPOSING A (90) DAY MORATORIUM ON SPECIAL EXCEPTIONS, SECTION 110-334(10), ALLOWING R-2 RESIDENTIAL WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ALONG THE AIA CORRIDOR DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider adoption of Ordinance No. 19-2005, imposing a (90) day moratorium on special exceptions, Section 110-334(10), allowing R-2 residential within the C-1 commercial zoning district along the AIA corridor, only. Summary Explanation & Background: See attached ordinance. Exhibits Attached: Ordinance No. 19-2005 City Mana e ' ffice Department LEGISLATIVE cape- \ yd in\council\me q\2005\11-01-05\19-2005.doc ORDINANCE NO. 19-2005 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. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-334(10) of the City Code currently allows by special exception single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts subject to certain restrictions; and WHEREAS, the City has recently experienced an upsurge in land development pressure including commercial development along the Al corridor; and WHEREAS, the City's C-1 zoning districts are primarily located along the AIA corridor; and WHEREAS, on September 20, 2005, the City Council was presented preliminary data and evidence from the City Planner evidencing that numerous special exceptions have been previously granted by the Board of Adjustment which have authorized residential uses within the C-1 zoning districts; and WHEREAS, as a result of this significant residential encroachment into the C-1 commercial districts, the City Council directed, at the September 20, 2005 council meeting, that a moratorium be imposed forthwith because the Council has serious concerns regarding the appropriateness of City of Cape Canaveral Ordinance No. 19-2005 Page 1 of 3 continuing to allow residential uses within the City's C-1 zoning districts; and WHEREAS, residential special exceptions may be eroding the City's C-1 commercial districts and negatively depleting commercial land use opportunities within the City; and WHEREAS, such residential special exceptions may also be creating incompatible land uses within the City; and WHEREAS, the City Council believes that imposing a moratorium on the issuance of residential special exceptions within the C-1 zoning districts will further the City's goal ofprotecting its commercial zoning areas while engaging in a comprehensive review of Section 110-334(10) and its impact on the overall Cape Canaveral community; and WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a comprehensive review of Section 110-334(10) of the City Code and to recommend revisions to the City Council upon completion of this review to the extent necessary; and WHEREAS, the United States Supreme Court has found that the issuance of temporary moratoria in order to preserve the status quo while studying the impact that certain development activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council, Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and WHEREAS, it is in the best interests of the City of Cape Canaveral to institute a temporary moratorium in order to study alternative methods of regulation and mitigation of land clearing within the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Moratorium Established. That the above recitals are adopted as Findings of Fact which clearly justify the imposition of a ninety (90) day moratorium on accepting applications and issuing special exceptions in accordance with Section 110-334(10) of the City Code, for any single family dwellings, two family dwellings, townhouses, and multiple -family dwellings in the C-1 commercial zoning districts along the AIA Highway corridor only. The moratorium enacted hereunder shall not apply to any application for a special exception under Section 110-334(10) of the City Code that was filed with the City prior to October 18, 2005. Section 2. Action to be Taken. During the period of this moratorium, the City of Cape Canaveral Planning and Zoning Board will review section 110-334(10), and other related provisions of the code, and will propose new legislation to the City Council to the extent necessary to protect the C-1 zoning districts for their intended commercial purpose, to promote compatible land uses within the City, and to preserve and protect the health, safety and welfare of the citizens of the City City of Cape Canaveral Ordinance No. 19-2005 Page 2 of 3 of Cape Canaveral. Section 3. Expiration Date. This ordinance shall expire ninety (90) days after its effective date. The expiration date of this ordinance may be extended for sixty (60) days by majority vote of the City Council at a duly held Council meeting. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Not Incorporated Into Code/Posting . This ordinance shall not be incorporated into the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front desk at City Hall, and at other public places deemed appropriate by the City Manager. Section 6. 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 7. 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, in a regular meeting assembled on the day of , 2005. ATTEST: SUSAN STILLS, City Clerk First Reading: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor For Against Burt Bruns Bob Hoog Jim Morgan Buzz Petsos Rocky Randels City of Cape Canaveral Ordinance No. 19-2005 Page 3 of 3 View Legal Ad# 636227 AD#636227-10122,2005 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 19-2005 and Ordinance No. 20-2005 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, November 1, 2005. The ordinances may be inspected in their entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 19-2005 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. ORDINANCE NO. 20-2005 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. Pursuant to Section 286.1015, 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 might 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. Susan Stills, CMC City Clerk AD*: 636227 Publication: Florida Today First Published: 10-22-2005 Page 1 of 1 t,++..•//.,.<.<, Fly+_,41 , htm` 1-AAll=riTRPT.AVk1d=19178 10/25/2005 Meeting Type: Regular Meeting Date 11-01-05 AGENDA Heading Ordinances -2"d Reading Item g No. I support the city treasurer's recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: 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 09/30/05 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider adoption of Ordinance No. 20-2005, adopting the 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 09-30-05, as recommended by the city treasurer. Summary Explanation & Background: The city treasurer will be available to answer questions about this proposed budget ordinance. I support the city treasurer's recommendation. Exhibits Attached: Ordinance No. 20-2005 and Budget Amendment Summary City Mana 's -Office _ Department ADNM,-;ISTRATION/FINANCE c" m\ do s\admin\cou -me eting\2005\11-01-05\20-2005.doc ORDINANCE NO. 20-2005 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. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2004, and ending September 30, 2005, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day November, 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Bob Hoog James Morgan Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony A. Garganese, CITY ATTORNEY First Reading: Second Reading: P:\CtyTreas\TRANSFERS\2004-2005\ORD - FINAL BUDGET ADOPTION.doc MEMORANDUM DATE: October 11, 2005 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Final Budget Report and Transfer for the Fiscal Year 2004/2005. Revenues Without recognizing the timing issue, cash receipts for the General Fund are at 95% collected. A number of Revenue Sources maintain a two-month lag. These are estimated to add another $597,022 bringing the total to 103% collected. Cash Forward was increased to include all Capital Purchases appropriated through the budget amendment process. Development based revenues are increased to provide for the increased Planning & Zoning Professional expenditures. Federal Disaster Relief in increased to recognize the additional funds received. State Revenue Share is also increased, reflecting the growth both in the City and the State. Interest Income is increased due to the economic up swing in the market. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. Within the Administrative Department the following adjustments are requested. Due to the full accrual accounting, required by GASB 34, the Audit Expense is increased to provide for the preliminary 04/05 audit. The Communications account is increase to cover the added expenses from the Satellite Phone, used in the 2004 Hurricanes. General Insurance is increased to cover the actual costs. Planning and Zoning is increased in both Planning Services and Contract Services to provide support for the Land Use Study and current zoning projects. Salaries for Crossing Guards have been increased in the Public Safety budget to provide the additional supervision for summer students. Utilities have been increased. Capital Purchases has been increased to provide the new vehicle for Commander Scraggs. The Police Service Contract has been reduced to provide partial funding for the capital. Operating Expenses has been funded to pay for the Tractor Trailers used to transport the donations collected for Hurricane Katrina victims in Mississippi. Finally, a new account, Collection Surcharge, has been created to provide for the Collection charges from the Clerk of Court to file for the City's traffic violations. Street Repairs has been increased in the Street Department. Professional Services have been increased in Legal Services to fund the balance of the fiscal year. Contract Garbage Service and Contract Recycling Service are increased to accommodate the increased development. The Fire Protection Fund has been increased to provide the budget vehicle to transfer the total revenue collected during FY 2004/05 to the General Fund. When the Cash Forward is removed from the Beautification Fund, the revenues stand at 102% collected. This is primarily due to increased Interest Income and donations for the Adopt -a -Median Project. No additional adjustments will be made. With projected accruals for Sewer Utility Income of $426,000, revenues will stand at 80.6% collected. Under collection in Sewer Assessments were partially offset by increased Interest Income. No additional adjustments will be made. With projected accruals for Stormwater Fees of $55,000, revenue collection stands at 94%. Grants totaling $246,442 were not originally budgeted, but have been received or accrued. No adjustments will be made. This completes the requested Budget Amendments for the Fiscal Year 2004/2005. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. 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N m< + V W a'(nLL V W 0 U(D _ LU 'j !�� X TALL 0 wcnOLLU 10 ! 3 N O O O O O m O� d !° O O LO O N fl- 00 O O O— O 3 ti r O— O (D N N� M CD CM O (D N M O (D" CN I.[) co (D co O d N' U') (D O N OoocoO cM M CO M M M 0 0 'p CO M M M 'p In I.() U? Ip � 4LO Ln d I I 1 1 1 1 1 I O O O O O O m rn C �r `, 00 00 O 00 C r r r r r r I 1 1 Q) .- C a— C C C- r — M M M M 0 0 0 0 0 0 0 0 0 0 0 0 View Legal Ad# 636227 AD#636227-10122,2005 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 19-2005 and Ordinance No. 20-2005 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, November 1, 2005. The ordinances may be inspected in their entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 19-2005 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. ORDINANCE NO. 20-2005 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. Pursuant to Section 286.1015, 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 might 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 ClerKs office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk AD*: 636227 Publication: Florida Today First Published: 10-22-2005 Page 1 of 1 httn-//www flatodav_net/leQals/disnlav_htm?CXTD=DISPLAY&1d=19128 10/25/2005 Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Resolutions item 9 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2005-38, ESTABLISHING A CODE OF CONDUCT FOR CITY COUNCIL MEMBERS AND CITY BOARD MEMBERS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2005-38, Establishing a Code of Conduct for City Council Members and City Board Members. Summary Explanation & Background: See attached resolution. Please advise. Exhibits Attached: Resolution No. 2005-38 City Manage ' Mice Department LEGISLATIVE Cap m\mydo um s in\counci 2005\11-01-05\2005-38.doc RESOLUTION NO. 2005-38 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. WHEREAS, the performance of duties and responsibilities of an elected City Council Member and appointed City Board Members and the manner in which such duties are performed have a direct impact on (a) the quality of services afforded to the citizens of Cape Canaveral; (b) the morale and job performance of City council members, employees, contractors, board members, others involved in the different facets of City government; and (c) the City's accountability to the citizens of Cape Canaveral; and WHEREAS, the City Council of the City of Cape Canaveral desires to adopt a Code of Conduct for its members and appointed board members for purposes of enhancing professionalism, performance, productivity, morale, accountability, and integrity of all facets of City government; and WHEREAS, the City Council finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Florida, as follows: Section 1. Code of Conduct. The following Code of Conduct is hereby adopted for the City Council and City Boards and the members thereof as a public statement of expected conduct and ethics, and that members of the Council and members of appointed boards shall evidence their pledge to uphold the following code tenets by affixing their signatures to this Resolution as set forth in Section 3 herein: a. I affirm that the proper statutory and City Charter role of a City Council Member and of members of appointed City boards, as with any elected member of a legislative body or appointed government body, is to act collectively, not individually, to set and/or revise and/or to apply the City of Cape Canaveral's governing policies and that the City Manager and staff administer such policies. City of Cape Canaveral Resolution No. 2005-38 Page 1 of 4 b. I understand that a City Council Member or an appointed board member does not manage the affairs of the City (a) by intruding into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and the City Charter to the City Manager as the chief executive officer; or (b) by undermining the City Manager's lawful authority. C. I will represent the interests of the entire City when making decisions and will rely upon available facts and my independent judgment. In my capacity as an elected City Council Member or an appointed board member, I will avoid all legal conflicts of interest and avoid using my official position for personal, professional or partisan gain. d. I will demonstrate dignity, respect, and courtesy toward those with whom I am in contact in my capacity as a City Council member or appointed board member. I will refrain from intimidation and ridicule of fellow Council Members or appointed board members, City Manager, City Attorney, staff, and other stake -holders in the City of Cape Canaveral. e. In my capacity as an elected City Council member or appointed board member, I will refrain from inappropriate language including statements that are malicious, threatening, disparaging, mean-spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an elected or appointed official and the honor of the City Council or my respective appointed City board. f. I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct of City business and work cooperatively and conscientiously with others as I request or receive information, examine data or weigh alternatives in the decision-making process. g. I will demonstrate patience and refrain from demanding interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of more urgent duties. Such requests will be made through the City Manager for scheduling and prioritizing or through consensus of the City Council or my respective appointed City board. h. I will devote sufficient time for adequate preparation prior to City Council meetings or my respective City board meeting and be in attendance, insofar as possible, at those meetings and all other scheduled events at my participation is required. I will prepare myself through study, inquiry and thought so as to be informed thoroughly about issues to be discussed in public meetings. City of Cape Canaveral Resolution No. 2005-38 Page 2 of 4 i. I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow City Council or board members, City Attorney, staff, citizens of Cape Canaveral, and utility customers. I will listen actively and objectively to others' concerns or constructive criticisms. j. I will refrain from any individual action that could compromise the integrity of the City or my fellow City Council or board members. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or I am acting or speaking in my capacity as a representative of the City. k. I will maintain confidentiality of privileged information and will abide by the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and applicable City Rules of Procedure in both its spirit and its intent. I will promote constructive relations in a positive climate with all City employees, consistent with my role as a Council member or appointed board member, as a means to enhancement of productivity and morale. I will support employment of best qualified persons for staff positions. I will recognize the achievements of staff, business partners, and others sharing the City of Cape Canaveral's mission. M. I will update and improve my knowledge, contributions, and value to the City by keeping abreast of current educational issues and trends through reading, continuing education and training. I will study policies and issues affecting the City of Cape Canaveral, and attend training programs if required by the City. My continuing goal will be to improve my performance as an elected City Council Member or appointed City board member. n. I will value and assist my fellow City Council Members or appointed City board members by exchanging ideas, concerns and knowledge gleaned from my research or training. I will help build positive community support for the City of Cape Canaveral's mission and the policies established by the City Council. o. I will take a stand for my beliefs but will remain flexible enough to understand others' views. I recognize that I share in the responsibility for all City decisions that my respective board makes and will accept the will of the majority. P. I will remember always that my first and greatest concern must be the citizens of Cape Canaveral and the public health, safety, and welfare. I will seek to provide appropriate leadership that nurtures and motivates the citizens of Cape Canaveral to be stakeholders in the affairs and achievements of the City. City of Cape Canaveral Resolution No. 2005-38 Page 3 of 4 q. I will be accountable to the City Council for violations of the Code of Conduct set forth in this Resolution. Section 2. Penalties. For any violation of this Resolution, the City Council may seek remedies and impose appropriate penalties, as prescribed in the City Charter and the City Code. Section 3. Execution by Council and Appointed Board Members. The current members of the City Council and appointed City boards shall pledge to uphold the code tenets set forth herein by affixing their signatures to this Resolution. Council and board members appointed or elected subsequent to the effective date of this Resolution shall be required to affix their signature to this Resolution or an addendum hereto upon taking the Oath of a City Council Member or upon appointment to a City board. Section 4. Severability. In the event that any word, phrase, clause, sentence or paragraph hereof shall be held invalid by any court of competent jurisdiction, such holding shall not affect any other word, clause, sentence or paragraph hereof. Section 5. Repealing Clause. All Resolutions or other actions of the City which are in conflict herewith are hereby repealed to the extent of such conflict or inconsistency. Section 6. Effective Date. This Resolution shall take effect immediately upon its adoption. DONE AND ADOPTED in regular session of the City Council of the City of Cape Canaveral, Florida this day of October, 2005. CITY OF CAPE CANAVERAL Rocky Randels, Mayor Attest: Susan Stills, City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral, Florida Only Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2005-38 Page 4 of 4 Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Resolutions Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2005-40, DESIGNATING THE CITY MANAGER AS THE APPLICANT AGENT FOR THE HAZARD MITIGATION GRANT PROGRAM DEPT/DIVISION: STORMWATER/PUBLIC WORKS Requested Action: City Council approve Resolution No. 2005-40, designating the city manager as the applicant agent for the State of Florida Hazard Mitigation Grant Program. Summary Explanation & Background: The City is seeking grant funds for the stormwater junction box located at the intersection of Orange and Buchanan Avenues. This is a grant requirement. Exhibits Attached: Resolution No. 2005-40/DCA Letter City Ma s ice Department STORMWATER/PUBLIC WORKS cape- ' \m doc e in\counci q 005\11-01-05\2005-40 doc RESOLUTION NO. 2005-40 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 WHEREAS, The City of Cape Canaveral, Florida desires to apply for a grant through the State of Florida Hazard Mitigation Grant Program; and WHEREAS, All grant applications must have City Council approval; and WHEREAS, it is a requirement of this grant program to designate an applicant agent; and WHEREAS, the City Manager is the customary designated signature for contract, agreement and applications, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida as follows: SECTION 1. Bennett Boucher, City Manager of the City of Cape Canaveral, is hereby authorized to execute for and on behalf of the City of Cape Canaveral, grant applications for the purpose of obtaining certain federal and state financial assistance. SECTION 2. The City Council of the City of Cape Canaveral hereby authorizes its agent to provide to the Federal Emergency Management Agency (FEMA) Hazardous Mitigation Grant Program for all matters concerning such state mitigation assistance the assurances and agreements required. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1 st day of November, 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Susan Stills, CITY CLERK Bob Hoog Jim Morgan Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY Memo To: Susan Stills, City Clerk From: Jeff Ratliff, Stormwater Administrator Date: October 20, 2005 Re: Agenda item for November 1, Council Meeting — City Council Resolution The Public Works Department is requesting approval of a resolution by the City Council giving the City Manager signature authority for our Federal Emergency Management Agency (FEMA) grant application (and other future submittals to FEMA). Documentation of the resolution is required by FEMA for further review of our grant application. 0 Page 1 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS "Dedicated to making Florida a better place to call home" JES BUSH Governor October 10, 2005 CERTIFIED MAIL MEMORANDUM TO: Ed Gardulski, Public Works Director City of Cape Canaveral FROM: i;dward Boone, I-IMGP Project Manager THADDEUS L. COHEH, AIA Secretary SUBJECT: 1iMGP Project #: 1561 - 92 City of Cabe Canaveral Center Street Basin at Orange & BuchQM Aves, Draivagt The Department of Community Affairs, Division of Emergency Management, in conjunction with the Department of Homeland Security, Federal Emergency Management Agency (FEMA) has conducted an initial review of the above referenced Hazard Mitigation Grant Program (HMGP) application. Upon completion of this initial review, the Joint HMGP staff' has determined that additional information is required from the City of Cape Canaveral. Please provide the following infonnati.on: 1, Revisit and revise as necessary the Federal Tax I.D. Number. The Federal Tax I.D. Number for the HMGP application should correspond to the applicant / organization applying under 11MGP (page 1, B, S) 2. A copy of the resolution by the governing body authorizing the signature authority for the individual signing the HMGP application and Maintenance Agreement (page 1, B, 13; page 14, section V). sk 3. All engineering calculations and designs for the proposed project (page 2, section 1, A, S). / 4. Resubmit clear and legible city / county map(s) with the project site(s) clearly marked �/ (page 6, section 11, Q. 5. Site photos for each project site(s) that clearly identify the angle/view, i.e. north, south, V/ east, and west angles/views. The project site photos provided did not identify the angle/view (page 6, section Il, Q. 2555 6HUMARD OAK BOULEVARD a TALLAHASSEE, FLORIDA 32399-2100 Phone: 850.488.8466/SunCom 278.6466 FAX: 850.921.0781/Suncom 291.0781 Internet address: http•///Www dCa 5tate.fl USdCa 5tate.fl US_ CMTICAL STATE CONCERN FIELD OFFICE COMMUNITY PLANNING EMERGENCY MANA09KNT HOUSING & COMMUNITY DEVELOPMENT 2796 Overscut Highway. Suite 212 2555 Shumard Oak t Wcwrd 2Sa SNvr brd Oak Daviewed 2555 ShurrAN Oak Eoubvard Mar up. FL 33050-2227 1'aNahassee. FL 32399.2100 Tallahmsm. Ft. 32399-2100 Teltahw*ee. FL 323952100 ream uw.7:%-A (e50I4139%9 (850) 485-7956 Ed�' WdbS20 S00Z S2 '100 22ET898T22: 'ON XUd Md9dUD: W0dd MEMORANDUM October 10, 2005 Page Two 6. The correct budget calculations for the proposed project. Revisit the Curb/gutters in the / Material line item and revise as necessary to reflect the estimated total costs. hi addition., revise as necessary the Funding Sources section to reflect the revised estimated total project cost in the Budget / Cost section (page 6, section III, A, 13, & Q. 7. If the project is approved, there will only be one extension allowed, regardless of justification. Revisit the proposed project milestones and verify that arnple time is / estimated for each one, i.e. suggest times for delays, and include timelines for final inspection (1, 80 days), and/or closeout (90 days), and/or state contracting (ISO days) (Page 7, section III, F). 8. Depth of flooding inside each structure. (For example, pictures, newspaper articles, and/or insurance damage estimates) 9. Elevation Certificate for each structure. 10. Preliminary or final Engineering Design Plans or feasibility study and a line item breakdown of the Total Project Cost. 11. A Summary Report from the consultant or Professional Engineer describing the problem Sand the proposed solution with supporting Engineering Calculations for the project/solution. The report should also certify the level of protection and the magnitude of event the completed scope of work will mitigate. (Example: 40 horses will be protected against a 100 Year Flood Event.) Finally, the report should provide an estimate of damages that is anticipated for events beyond the mitigation efforts. (Example: The 40 homes can anticipate 15% structural damages for 250 Year Event and 30% structural damages for a 500 Year Flood Event). Please forward four (4) copies of the requested information within 30 calendar days upon receipt to: FEMA Long Term Recovery Office State Mitigation Section 100 Sunport Lane Orlando, Florida 32809 Attn: Edward Boone If you have any questions or require additional information regarding this request, please contact the following Project Manager: Edward Boone (703) 376-7223 or Edward. Boone dca.state.fl.us Ed WdSS:ZO SOW S2 '130 ZEET8981Z£: 'ON XUJ Md9dti9: WOdd EB/rj cc: David Vanderwater, FEMA Project Manager Eneida ,Rodriguez, State Engineering Administrative Assistant Heather Batson, State Environmental Scientist Jennifer Leigh, State Environmental Scientist Shanti Smith, State Environmental Scientist Project File t7d WdSS:ZO SOOZ SZ '100 ZEZT898TEE: 'ON Xtid Md8dbD: WOdJ Meeting Type: Regular Meeting Date: 11-01-05 AGENDA Heading Site Plans Item 11 No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN: REVISED SITE PLAN FOR BAYSIDE CONDOMINIUMS DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider approval of the revised site plan for Bayside Condominiums as requested by the applicant, William Young, as recommended by the Planning & Zoning Board. Summary Explanation & Background: The Planning & Zoning Board on October 12, 2005, recommended approval to remove the sidewalks highlighted in Orange on the site plan (hand-out), Exhibit "A". Please advise. Exhibits Attached: P&Z letter/departmental comments/site plan (hand-out) City Manager's ,ce Department GROWTH MGMT/P&Z cape-nt doc meta s in\council \meeting\2005\11-01-05\siteplan.doc 105 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Revised Site Plan for Bayside Condominiums (Removal of Sidewalks) - William M. Young, Applicant. At the Planning & Zoning Board meeting held on October 12, 2005, by unanimous vote, the Board recommended approval to remove the sidewalks highlighted in Orange, depicted on the submitted site plan, entered as Exhibit A. Please schedule this revised site plan for the next City Council meeting agenda. Attached are (7) copies of the site plan. 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: P&Z Meeting Meeting Date: 10/12/05 AGENDA Heading Bayside Revised Site Plan Item 2 No. Bayside Condominiums is nearing completion. The sidewalk is only partially installed and the request would AGENDA REPORT PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL SUBJECT: Bayside Revised Site Plan DEPT./DIVISION: Building Department Requested Action: Make a recommendation to the City Council to approve or deny the applicant's request to revise the Bayside site plan. The applicant has requested the removal from the site plan all the sidewalks in the center parking, pool and retention pond area of their development. Summary Explanation & Background: Bayside Condominiums is nearing completion. The sidewalk is only partially installed and the request would not require the remaining sidewalk to be installed. Staff review comments are that the sidewalk to the parking areas, community pool and linkages to the multi- story buildings should be installed. The staff concurs that the sidewalk can be considered for removal in the area around the north side of the retention pond.. Exhibits Attached: Application, staff comments and highlighted site plan of the area in question. City Planner's Office Department APPLICATION FOR SITE PLWREV EW FEE: PROJECT NAME: LEGAL DESCRIPTION: '.NT-R(S) NAME: DATE: /-t u J . - � K e v i I e-, A \1 \ c � � 01;VN-ER(S) ADDRESS: q©S )401M,4W kd �W49 Cii W,#Wd&4-L PHONE NUMBER: INA -ME OF ARCHI.TECT(ENGL TER: G M 19 ZdA& T� �Gi Rte. INA -ME PHONE 'N=UMBER: A-PPLICA'`tTS SIGNATURE: OW -NE OR AUNT PHONE `-U-NIBER: : L103- 3, 9 � Yl 1/95 Page 1 of 1 http://www. brevardpropertyappraiser. com/sCripts/esrimap. dll?name=Brevard 1 &id=200510... 10/4/2005 Ys MEMORANDUM To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: September 21, 2005 Re: Bayside Revised Site plan The request is to remove the sidewalks from the center island area. Sidewalks are required in the front of the units and in the parking areas. Thus, the only sidewalk that can be removed is the sidewalk around the north side of the retention pond. Sidewalks along the parking area and that provide access to the community pool and multi -story buildings need to remain. Questions, please do not hesitate to contact me at 407-629-8880. S, To: Todd Peetz, City Planner From: Shannon McNally, Fire Inspector Subject: Bayside revised site plan Date: 09/07/05 I have reviewed the plans and the fire department has no comments. Station #1 190 Jackson Avenue • Cape Canaveral, Florida 32920 (321) 783-4777 • Fax: (321) 783-5398 r�f�'r G ,`' o� Station #2 8970 Columbia Road • Cape Canaveral, Florida 32920 (321) 783-4424 • Fax: (321) 783-4887 www.ccvfd.org MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director DATE: September 1, 2005 RE: Bay Side Condo Site Plan review sidewalk The Public Works Department has reviewed the Site Plan for the Bay Side Condominium Pool area and the request to remove the sidewalks depicted on the sheet 3 of 13 C-1. Request that the sidewalk along the full length of the pool area remain and extend to the street. All other sidewalks around the stormwater area can be removed. See attached print. 7, September 29, 2005 Mr. Todd Peetz Miller Legg & Associates 631 South Orlando Avenue, Suite 200 Winter Park, FL 32789 RE: Bayside Revised Site Plan —Review 1 SSA Job No. 05-0025 / 008-1004 Dear Mr. Peetz: '11�"C,,C1YC D OCT 3 mitt£ SSA SSA has reviewed the above -referenced project and have the following requests for additional information from the applicant: In reviewing the proposed reduction of sidewalk segments it is recommended that: a. The sidewalk segments adjacent to parking areas remain per the original plan. (This is based on safety considerations.) b. The sidewalk segments to the north and around the stormwater pond and fountain can be deleted from the plan. . c. The crosswalk proposed (near the western entrance to the Pool) can be deleted, although the eastern crosswalk to the Pool area should remain. 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, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Sr. Vice President - City Engineer City Engineer's Review Fee for Review #1— $2,500.00 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. STOTTL.ER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-7837065 Lie. #AAC000329 #EB0000762 #LB0006700 JACIVILTrojectslCAPEV-bayside review 1.doc