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Packet 06-07-2005 Regular
CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: IT of Cape Canaveral REGULAR MEETING ALL ANNEX :ape Canaveral, Florida ESDAY June 7, 2005 7:00 PM AGENDA 1. City Council Regular Meeting Minutes of May 17, 2005. 2. Resolution No. 2005-13; Appointing Two Regular Members as Alternate Members and Appointing Two Alternate Members as Regular Members to the Community Appearance Board (Connie Trautman, Randy Wasserman, Walter Bowman and Randall Camomilli). 3. Resolution No. 2005-16; Appointing an Altemate Member as a Regular Member to the Business and Cultural Development Board (John Anderson). 4. Resolution No. 2005-17; Appointing an Alternate Member to the Planning and Zoning Board (Shawn Schaffner). 5. Resolution No. 2005-18; Appointing a Regular Member to the Construction Board of Adjustment and Appeals (Harry Pearson). 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting June 7, 2005 Page 2 of 3 RESOLUTION: 6. Motion to Adopt: Resolution No. 2005-19; Electing A Successor Council Person In Order to Fill The Council Vacancy Created by the Resignation Of Steve Miller. CONSIDERATIONS: 7. Motion to Approve: Annual Audit for the Year Ending September 30, 2004. 8. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Period Ending March 31, 2005. 9. Motion to Approve: Request for State and Federal Transportation Project Funding. ORDINANCES: First Reading, 10. Motion to Approve: Ordinance No. 11-2005; Amending Chapter 110, Providing for Revised and Additional Application and Procedural Requirements for Rezonings, Variances, Special Exceptions, and Administrative Appeals, Making Conformity Amendments to Chapter 58, at first reading. 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. City of Cape Canaveral, Florida City Council Regular Meeting June 7, 2005 Page 3 of 3 ADJOURNMENT Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Cleric's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 17, 2005 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Council Member Buzz Petsos Mayor Rocky Randels Council Member Absent: Council Member Steve Miller Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Building Official Todd Morley PRESENTATIONS: School District Representative Bea Fowler Mayor Randels introduced School Board District 2 Representative, Bea Fowler. Ms. Fowler reported that she had information on the four area schools: Cape View Elementary School, Roosevelt Elementary School, Freedom 7 Elementary School, and Cocoa Beach Jr. / Sr. High School. Ms. Fowler hoped to provide status on averages based on grading system and national system of no child left behind. She informed that Freedom 7 is an A school and also achieved Adequate Yearly Progress or "AYP" status. She reported Cape View Elementary capacity as 599 City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 2 of 10 with enrollment of 371 students and a projected enrollment of 388 students. The school's capacity is 65 percent of use. The School District has ruled out -of -area assignment for students leaving the school as frozen. In 2004, FCAT scores for Cape View Elementary met the following standards: 86 percent of students received 3 or above, which is passing; in reading, 75 percent passed math and 96 percent met the State standards for writing. In 2005, Grade Three FCAT scores are as follows: 80 percent passed of 49 students tested, 49 percent passed reading, writing scores decreased by .3 percent from 4.0 to 3.7 percent. Ms. Fowler informed that Dottie Richardson is the new principal at Roosevelt Elementary School. Roosevelt is an A School that also achieved AYP. Ms. Fowler explained that concern must be given to the Title I schools that receive funding from the Federal government and are penalized if they do not achieve AYP by meeting certain FCAT standards. She informed that Roosevelt's capacity is 623 students; enrollment is 533 and projected is 505 students. Roosevelt is 81 percent in use. Ms. Fowler reviewed the 2004 FCAT writing scores for Roosevelt students as: 90 percent passed reading, 85 passed math and 85 achieved the State standards for writing. In 2005 in writing, students achieved 3.7; in math, 97 percent passed of 69 students tested; in reading, 84 percent passed of the same number tested. She informed that Freedom 7 did not achieve AYP; however, Freedom 7 is not a Title I School. Freedom 7 is an A school with a capacity of 470. The enrollment is 429 with a projected enrollment of 430 students. Freedom 7 is 91 percent in use. The 2004 scores are as follows: 98 passed; in math, 97 percent passed; in writing, 97 percent of the students met the State standards. In 2005, the writing score average is 4.2. In Grade Three, 96 percent of the students passed with 55 students tested. In reading, 93 percent of the students passed of the same number tested. Ms. Fowler informed that Mr. Tim Cool is the new principal at Cocoa Beach Junior/ Senior High School. The school did not achieve AYP in 2004; however, it is not a Title 1 school. The school has an A status. The capacity is 1,312; enrollment is 1,465 with a projected enrollment of 1,510. Cocoa Beach Junior/ Senior High School is 115% over -enrolled and out -of -area assignment is subsequently frozen for seventh and eighth grade students. Ms. Fowler reviewed the 2004 FCAT scores as follows: in reading, 71 percent of the students passed; in math, 87 percent passed; 97 percent of the students tested met the State writing standards. Of the 1,004 students tested in reading, from grades 7 through 10, 793 students passed in reading. In writing, Cocoa Beach students achieved a 4.6, one of the highest scores in the County. Ms. Fowler related reading statistics from other Brevard County High Schools and stated that Elementary Schools are performing significantly higher in scoring. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 3 of 10 Ms. Fowler stated that the School Board expressed past concern with Cape view Elementary School enrollment. She informed that there are 38 Cape View students at Freedom 7 and 138 students from Cape View at Roosevelt. She explained that this enrollment impacts the overall enrollment count for Cape View's attendance. Ms. Fowler stated that there is a pending $713 million proposed School Board facilities plan. She reported on the funding breakdown as follows: 4.6 million of improvements for Cape View including a new building addition for the media center. At Freedom 7, $2.5 million for General Improvements, $3.8 million for Roosevelt for their Sports Facility and other General Improvements. Ms. Fowler reported that $16.4 million is proposed for Cocoa Beach Jr. / Sr. High School to include technology improvements, competitive sports facilities improvements and a theatre. Mayor Randels spoke on enrollment at Cape View Elementary School and noted that it is a Title 1 school and subject to Adequate Yearly Progress. He informed that the City employees mentor in reading at Cape View Elementary and he also asked if any of the Elementary Schools have a School Resource Officer. Ms. Fowler affirmed that Resource Officers are used and, at times, shared at the Elementary School level. Mr. Morgan replied that there are noted problems at Cape View School. Ms. Fowler noted that in using a School Resource Officer, some of the principal's authority is shared with that Officer. Ms. Fowler expressed that she was unaware that Cape Canaveral shared in the School Resource Officer for Cocoa Beach Jr. /Sr. High School. Mayor Randels explained that the City pays in relation to the number of students from the City present on the High School campus. Ms. Fowler explained some of the disadvantages of using a School Resource Officer. She related that a Resource Officer administered the Baker Act on a seven-year-old boy who was not allowed to see his mother for several days. She also related that at the High School level, one student reported a death threat from another student to a Resource Officer who was unresponsive. Ms. Fowler stated that in these two instances, the principal's authority was bypassed. She expressed that Resource Officers are trained to deal with criminals, not young children. Mr. Morgan replied that the Community Policing Officer currently used is effective. Mr. Petsos related that he supports the use of a School Resource Officer at the Elementary School level to help to introduce Law Enforcement in a positive manner. Mr. Petsos inquired about the plans regarding portables. Ms. Fowler replied that several classrooms are included in the theatre plans; however, she would inform the facilities manager of Mr. Petsos' concern. Ms. Fowler related that the School Board anticipated student relocation once the new High School is completed in Viera. A resident asked if someone tracks the student population with regard to student enrollment. Ms. Fowler replied that each year the School Board compiles data on current enrollment to reflect utilization and publishes enrollment projections. Mr. Leo Nicholas questioned why Elementary Schools outpaced the High Schools in City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 4 of 10 reading scores. Ms. Fowler replied that in 1998 and years prior to that, students graduated with low reading scores. She stated that the A -plus plan initiated in 2000 provided needed reading score attention to the Elementary School students. Ms. Fowler expressed the opinion, along with enrollment statistics, that area high schools are too large and students do not receive needed attention. Mayor Randels asked if Cape View Elementary would benefit from becoming a School of Choice. Ms. Fowler replied that Cape View Elementary experienced a high mobility rate; however, she related the School of Choice concept to the Superintendent. Ms. Fowler replied that a letter from the City to the School Superintendent on the concept of Cape View transitioning to a Magnet School or a School of Choice would be in order. She explained that Robert Louis Stevenson in Merritt Island is currently a School of Choice and its success was being monitored prior to creating another type school through Cape View. Ms. Fowler informed that the Step Forward Program of 2003 helped the Title I students to begin earlier in order to accommodate the Achievement Gap experienced by minority students. Ms. Fowler thanked the Council for their time. Legislative Update, State Representative Bob Allen Representative Allen reported on a successful Legislative Session. He reported on a $63.5 billion State budget with a $34 million increase. A portion of the increase was from recurring revenue as well as sales tax from the hurricane efforts. Representative Allen stated that the Growth Management Budget and the Growth Management Act was initiated at the end of the Session. He stated that schools, roads and water are growth management priorities. He also stated that rulings on annexations did not pass to establish enclaves in municipalities or to give Charter counties authority over cities. Representative Allen reported that School funding was $27.3 billion of the $63.5 billion overall budget. He pointed out that Cape Canaveral's strategic visioning is relevant to growth management. Mayor Randels related how the City has been successful in acquiring matching grant funds for capital projects. Representative Allen related that the Florida Constitution was previously more lenient in its use of the petition process to amend its language. He stated that a new threshold of 60 percent is required for an item to proceed toward Constitutional amendment. Representative Allen informed that he voted against the insurance amendments. He explained that the Hurricane Insurance Act was insurance industry protective and not consumer friendly. He related that the option to purchase insurance that is based on consumer choice is costly once the total package is summed up. He also pointed out that separate coverage products did not allow for total coverage since wind and flood coverage are purchased separately. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 5 of 10 Representative Allen concluded with the intangible taxes and said that Florida plans to sunset the intangibles tax. He informed that hurricane preparation items would be tax-free from June 1 —12. Representative Allen related on the success of the back -to -school purchases tax-free days and said that the time period would extend by an additional nine days in 2005. Representative Allen concluded with the Space Program and reported that Speaker of the House Allen Binns appointed him Chair of the Space Port and Technology Program Committee. He informed that the committee has a $3 million budget to help Florida's space -related contract teams. Representative Allen explained how proposed employment programs would help to transition Space industry workers who are beneficial to the area economy. He informed that Florida did not acquire the Shared Services Center and, thereby, lost a revenue stream. Representative Allen stated how Florida is still actively engaged in space -related programs. He stated that he and Governor Bush met to uncover the space industry items that could be passed by Executive Order. A resident asked how a resolution is placed on the ballot and asked if the procedure to get a bill on the ballot would remain the same. Representative Allen replied that there were procedural changes in that the signatures provided and signature takers must be Florida based. He explained that an equal percentage of the 27 Congressional Districts must agree before the item is placed on the ballot. Mr. Shawn Schaffner asked about the gaming ships sewage dumping and inquired about the process for changing what is currently done. Representative Allen replied that Ports are subject to the three-mile limit and this situation would be addressed in the upcoming session. He stated that Florida law could initiate more stringent shoreline restrictions to benefit coastal communities. Mayor Randels informed that Representative Allen acquired $8 million for a new Public Health Center. He also acquired $364 to offset the tax loss due to hurricane property damage. Mayor Randels informed that Representative Allen is also working toward a desalinization plant in the Port area. Representative Allen summarized how the project would decrease the use of the Orange County aquifer. BOARD INTERVIEWS: Shawn Schaffner, Planning & Zoning Board Mr. Schaffner responded to Attorney Garganese that all of the information on his application was true and correct. He stated that his interest in serving on the Board was based on observed growth in the City. Mr. Schaffner replied that there was no Conflict of Interest in him serving on the Board. Mayor Randels replied that a Resolution to appoint him to the Board as an Alternate Member would be placed on the next City Council Agenda. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 6 of 10 Harry Pearson, Construction Board of Adjustment and Appeals Ms. Harry Pearson responded to Attorney Garganese that all of the information on his application was true and correct. He replied that he served as City Engineer in Waterloo, Iowa. He explained that he has written construction specifications and was licensed in both Iowa and Arizona. Mayor Randels explained that the Board addressed any Appeals of the Building Official's decisions; however, there have been few Appeals to date. Mayor Randels noted that Mr. Pearson's first choice was the Code Enforcement Board and told him that he would be contacted when a position became available on that Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 3, 2005. 2. Resolution No. 2005-15; Reappointing Two Regular Members to the Business and Cultural Development Board (Craig Smith and Elizabeth Foy). 3. Proposal from J & S Curb to Construct Sidewalks on the East Side of Poinsetta Avenue in the amount of $33,665. Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items 1 through 3. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 4. Motion to Approve: Proposal from Todd Peetz of Miller Legg and Associates to Conduct a GIS Land Use Study in the Amount Not to Exceed $11,000.00. Mayor Randels noted that this item was tabled at the May 3`" City Council meeting. He listed the Geographic Information Systems functions to include the following: to classify parcels and parcel sizes, to identify existing land use types and locations, to City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 7 of 10 identify density and intensity and calculate units and acreage. Also, this would be the first time the City would generate a map that can display how the City has developed rather than the simple determination of residential or commercial. Ms. Bea McNeeley, Planning and Zoning Board Chairperson, expressed that this study would result in a useful tool for the Board and staff in any number of growth management capacities. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Proposal from Todd Peetz of Miller Legg and Associates to Conduct a GIS Land Use Study in an Amount Not to Exceed $11,000.00. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. 5. Motion to Approve: Rescind Settlement Agreement with Mermaid Key, LLC. Mayor Randels explained that Mr. Greene did not agree to the terms of the Settlement Agreement and requested that the City Council rescind the Agreement and proceed to the Code Enforcement Board. Mr. Boucher explained that Mr. Greene did not choose to accept the terms offered on April 19 and Mr. Greene has submitted a subsequent Agreement. Attorney Garganese explained that Mr. Greene understood his property to be grandfathered from the moratorium ordinance. Mr. Morley explained that Mr. Greene had no need of a land -clearing permit since he was only removing pepper trees. Attorney Garganese stated that the Settlement Agreement called for two 5 -inch Depth Breadth Diameter trees planted on Mr. Greene's site and three additional trees on City property. Mr. Greene counter -offered with the two trees on his site and $2,000 in lieu of the three Live Oak trees and the City has the discretion to plant the trees where it desires. Attorney Garganese reviewed additional conditions for Mermaid Key as: to allow Mermaid Key to continue to remove the noxious, invasive species and mulch them, to allow Mermaid Key to continue to hand clear the perimeter and under the canopy of the noxious species, to allow Mermaid Key to remove the debris of dump rubble and transient material and issue Mermaid Key its fence permit in order to secure the perimeter boundary. Attomey Garganese stated that there are technical changes as well as other conditions of administrative permit issues. He advised the Council to allow these issues to proceed through administrative application process. He stated that in order for the Council to entertain Mr. Greene's Agreement, Council would need to rescind the previous Agreement. Mr. Morgan asked why the prior Agreement could not remain. Attorney Garganese explained that the terms of the Agreement would need to change due to the $2,000 tree replacement provision. Procedurally, Council could rescind the prior Agreement and allow Mr. Greene to proceed to the Code Enforcement Board. Mr. Morgan, Mr. Petsos and Mayor Pro Tem Hoog expressed that the first Agreement City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 8 of 10 was fair and if Mr. Greene did not agree to the original Settlement Agreement terms then the issue could proceed to the Code Enforcement Board. Mayor Randels requested to review what Mr. Greene submitted to the Council as of May 12th. Discussion brought out that City Council addressed the issue as Mr. Greene requested and provided him a forum for resolution prior to a hearing with the Code Enforcement Board. Discussion summarized that if Mr. Greene did not execute the Settlement Agreement approved by City Council on May 3r', within 7 days at the close of business on May 24th, the Agreement is deemed rescinded and the matter will be brought before the Code Enforcement Board. Mr. Greene stated that there were errors on the Agreement he received and what he forwarded to the City on May 12th was more beneficial by offering $2,000 for tree mitigation. He stated that his sole purpose was to remove the Brazilian peppers and to secure an otherwise unsafe site. He asked the Council to rescind the first Agreement and consider what he submitted. Mayor Pro Tem Hoog inquired about Mr. Greene's expressed mistakes on the Agreement. Mr. Greene replied that the Agreement states that he was included in the City moratorium on landclearing and he stated that he was not included in the moratorium. Attorney Garganese stated that he could amend the second Whereas clause on page 2 of the original Agreement to state that "Mermaid Key erroneously removed protected trees without a permit." An amendment to the Main Motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Amend the second Whereas Clause on Page 2 of the Original Agreement to Read "Mermaid Key erroneously removed protected trees without a permit." The vote on the carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos For Mermaid Key to Execute the Settlement Agreement Approved by City Council on May 3, 2005 to Include the Amended Whereas Clause Within Seven (7) days by May 24, 2005 or the Agreement is Deemed Rescinded. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 6. Ordinance No. 06-2005: Amending Chapter 110, Clarifying the Intent of R-1, R-2, and R-3 Residential Districts, Preservation of Residential Areas and Prohibiting Transient Commercial Uses. Attorney Garganese stated that this Ordinance would protect residential areas from short-term renters. He informed that the United States Supreme Court has deemed City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 9 of 10 that the protection of a City's residential character is a legitimate government purpose. He stated that each section of the Code would include an intent Section to establish how that residential character is being protected. Attorney Garganese stated that no more than one family unit would occupy each residential dwelling and the City's definition of family is defensible. Mr. Morgan inquired about permitted use by reason of a special exception, such as a home occupation. He stated that the rental of a residential dwelling unit in a residential area for less than seven days would be prohibited. The ordinance language was consolidated and made more understandable and enforceable. He informed that a violations section applied to any real estate agent or broker. Attorney Garganese stated that the substantive change is the specific use of a residential dwelling unit by one family. Mayor Randels said that the existing Code reads that four adults, not related by blood could share a residential dwelling unit and be defined as a family. Ms. Monique Mosclaire stated that she has rented her unit to family members. Mr. Boucher replied to Mr. Petsos that the County is developing regulations for 30 -to 60 -day rental options. Mr. Petsos explained that the less than 7 -day rental that occurred in the condominiums was beginning to occur in the residential areas. Mr. Boucher requested Council's authorization for the Code Enforcement officer to issue civil citations to violators. He replied that this would provide a more effective regulatory tool. Ms. Mosclaire stated that she has an Occupational License and suggested that residential homes register with the City. Ms. Mosclaire expressed that beach cleanup and animals on the beach are of greater concerns. Ms. Joan Morris stated that density and subsequent noise, not the seven (7) day issue rental issue, is the problem. She notified the police six weeks prior; however, she was told that the City did not have a noise ordinance. The City Manager would notify the Precinct of the existing noise ordinance. Mr. Norm Boucher expressed that vacation rentals are predominately owned by people outside of the community who do not have an expressed concern in the City's quality of life. He related that single family residents should not be exposed to the subsequent issues that ensue with transient populations, for example increased litter and debris. He stated that the Council should consider a 30 -day rental regulation. Ms. Alice Fitteau expressed how some City residents are less concerned with the community than those who visit. She stated that short-term rental is not an isolated issue. Noise or litter might be a more prevalent issue. Andrea Schaffner asked if this regulation would apply to residential use that has been given a special exception. Mayor Randels replied that the designated zoning would still apply. Ms. Schaffner related how some coastal North Carolina communities have disallowed permanent residency. Mr. Todd Morley pointed out that proving short-term domicile has been difficult. He related that a violation trend however has been parking and he suggested a green -space requirement for residential districts. City Council directed the ordinance to the Planning and Zoning Board. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 10 of 10 AUDIENCE TO BE HEARD: Ms. Andrea Schaffner questioned the status of beach re -nourishment. Mayor Randels reported that beach re -nourishment ceased due to three dead sea- turtles. Ms. Schaffner reported a noticeable indentation in the sand where the dredging pipe entered the beach. The City Manager replied that equipment would be removed and the sand graded. Mr. Gardulski announced the Public Works Open House and invited all to attend. ADJOURNMENT: Due to the hour, no further reporting occurred. There being no further business, the Chair adjourned the meeting at 10:05 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 06-07-05 AGENDA Heading Consent Item 2 No. Mrs. Trautman: 5-1-2007 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2005-13, APPOINTING TWO REGULAR AND TWO ALTERNATE MEMBERS TO THE COMMUNITY APPEARANCE BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2005-13 appointing Connie Trautman and Randy Wasserman as regular members and Walter Bowman and Randall Camomilli as alternate members to the Community Appearance Board. Summary Explanation & Background: Terms are as follows: Mrs. Trautman: 5-1-2007 Mr. Wasserman: 5-1-2006 Mr. Bowman: 5-1-2008 Mr. Camomilli: 5-1-2006 I recommend approval. Exhibits Attached: Resolution No. 2005-13 City Mana -S ff Department LEGISLATIVE ca kim\ doc s\admin\council\at-gtinq\2005\06-07-05\2005-13 me RESOLUTION NO. 2005-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING TWO REGULAR MEMBERS AND TWO ALTERNATE MEMBERS TO THE COMMUNITY APPEARANCE 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 Code Section 22-37(a) created a Board known as the Community Appearance Board; and WHEREAS, two regular members of the Community Appearance Board have requested to become alternate members of said Board. WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint two regular members and two alternate members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Connie Trautman is hereby appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2007. SECTION 2. Randy Wasserman is hereby appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2006. SECTION 3. Walter Bowman is hereby appointed as an alternate member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2008. City of Cape Canaveral Resolution No. 2005-13 Page 2 of 2 SECTION 4. Randall Camomilli is hereby appointed as an alternate member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2006. SECTION 5. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 7th day of June 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Steve Miller Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY Y:\CityClk\Resolutions\BOAF3DS\Appointments\2005\CAB alt & reg.doc virginiah From: Walter Bowman [wcb@brevard.net] Sent: Monday, May 16, 2005 2:37 PM To: virginiah Subject: Re: Alternate member Letter C:6-/�--Qa? —DISTRIBUTION ;Mayor _ � ty Council city N ON AtCy. — PUi). Vb'c rs Dir._ Page 1 of 2 Please place on the next City Council Agenda my request to step aside for the summer as an active member of the Community Appearance Board and become a temporary alternate for the next several months. I have treasured my position on the Community Appearance Board and do not wish to leave it at this time. My current business affairs and lack of staff have made this request necessary for the next several months. The onslaught of business over the last nine months and loss of another member of my team has burdened me beyoond belief. Thank you for your consideration of my situation over the summer. Sincerely, Walter C. Bowman Original Message From: virginiah To: wcb@brevard.net Sent: Friday, May 13, 2005 2:58 PM Subject: FW: Alternate member Letter Hi Walter, Please fill out the attached appointment letter and fax back to 868-1248. Thank you, Virginia Virginia Haas City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FL 32920 phone: 321-868-1221 fax: 321-868-1248 haas-cape@cfl.rr.com www.myflorida.com/cape From: virginiah [mailto:haas-cape@cfl.rr.coml Sent: Friday, May 06, 2005 10:57 AM To: 'wcb@brevard.net' Subject: Alternate member Letter Hi Walter, Please fax to 868-1248 your letter of intent to become an alternate member of the Community Appearance Board. Connie has agreed to become a regular member of the board and we have her letter for the City Council Agenda packet. We will need your letter by Tuesday in order to put the Resolution to appoint you as an alternate on the next agenda of 05-17-05. Sincerely, Virginia 5/16/2005 Appearance Board Page 1 of 1 virginiah From: Camomilli, Randall P [randall.p.camomilli@lmco.com] Sent: Thursday, May 26, 2005 3:12 PM To: haas-cape@cfl.rr.com Subject: Appearance Board Virginia, pleaase change my status from a regular Community Appearance Board member to an alternate. This change is required because work seems to be taqking up more of my time. Thanks you. Randy Camomilli 5/26/2005 U / '�--- ��STi<i TIOiv r, 5/26/2005 TO *d -10101 May -U -5 -U=P a X _ --'I<+PA %-I I c17 of Cape Canaveral. cav arra CAN May 3. 2005 Connie Trautman . 419--Lin6oin Ave Cape Canaveral, FL 32920 Dear Ms. Trautman - Please check the box that indicates you desire to serve as a Regular Member of the Community Appearance Board for anot er three-year term and return this notice by fax to 321-868-1248. The resolution to app nt you to the board is scheduled to appear on the City Council Agenda of Tuesday, M 17, 2005. Thank you. .Li/ 100 wish to be considered for a pointment as a Regular Member_ U I DO NGT wish to be considered dor appointment. (Signature) Connie Trautman, Community Appears ce Board Sincerely, Virginia Haas, CMC Assistant.,City Cleric 105 Pt'14 AYcn%te • Post offic Box 326 - Capc Canaveral, FL 32.924-0326 Tcferhnne: (321)^868,1220 Ji UNCOM: 982-1220 - FAX: {321} 868-1248 _1..-r_ ..wArolfrt7��l.rr_Coln ti0it0'd OSbc b8L Ick 63AUNIH1S Q 1OaHS 'S6a tT:ZZ SOOc-20-ikUW Community Appearance Board virginiah From: Wasserman, Randall C [Randall.C.Wasserman@nasa.gov] Sent: Wednesday, May 18, 2005 9:56 AM To: haas-cape@cfl.rr.com Subject: Community Appearance Board Virginia, Page 1 of 1 Hi, Joy from City Hall contacted me recently regarding the prospect of becoming a standing member of the subject Cape Canaveral City Advisory Board, as compared to the alternate seat I presently fill, and asked I contact you with my position concerning it. As such, I am receptive to becoming a board member and please let me know if any additional action is necessary on my part to help facilitate this. Please let me know if I can address any related questions/comments, I certainly look forward to the enhanced opportunity to serve our community that this change affords me. Thanks much, Randy Wasserman W: 867-7317 H: 784-9875 5/18/2005 Meeting Type: Regular Meeting Date: 06-07-05 AGENDA Heading Consent Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2005-16, APPOINTING A REGULAR MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2005-16, appointing John Anderson as a regular member to the Business and Cultural Development Board. Summary Explanation & Background: Term will expire on 6-1-2008. I recommend approval. Exhibits Attached: Resolution No. 2005-16 City Ma er' ffve-- - Department LEGISLATIVE cape- im\mtdo_�nT-sCardmin\council\mepr_ing\2C)u5\uo-U/-UD\Lwj-�U.uCIC RESOLUTION NO. 2005-16 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT 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 established by Code Section 22-27, the Business and Cultural Development Board; and WHEREAS, a Regular Member of the Business and Cultural Development Board has resigned. WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate Member as a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. John Anderson is hereby appointed as a Regular Member of the Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to expire on June 1, 2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of June 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM.- Anthony ORM: Anthony Garganese, CITY ATTORNEY Date: May 10, 2005 To: City of Cape Canaveral Business & Cultural Development Board From: Bill Young ACl0 -o�g G ry 1 Z— C - P, f - Due to the increasing demands of my business, my discretionary time has become very limited. Therefore, I should no longer be considered for board membership. Over the past few years it has been my pleasure to serve on this board and I wish the remaining members continued success. P. O. Box 939, Cape Canaveral, Florida 32920 • Phone 321.784.9494 • Fax 321.784.8373 • www.daydevelopment.com Meeting Type: Regular Meeting Date: 06-07-05 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2005-17, APPOINTING AN ALTERNATE MEMBER TO THE PLANNING & ZONING BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2005-17, appointing Shawn Schaffiler as a second alternate member to the Planning & Zoning Board. Summary Explanation & Background: Term will expire on 9-15-2007. I recommend approval. Exhibits Attached: Resolution No. 2005-17 City Mana ee-- '' Department LEGISLATIVE cape-uu\>s m\myuocuments\admin\council\meeting\2005\06-07-05\2005-17.doc RESOLUTION NO. 2005-17 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A SECOND 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 Second 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. Shawn Schaffner is hereby appointed as a Second 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 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of June, 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY City of Cape Canaveral CW"W 94" GNMVURAL Date: August 27, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Appointment of 1 st and 2nd Alternate Board Members ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board interviewed applicants Shawn Schaffner, and Donald Dunn to fill the 1st and 2nd alternate Board member openings, at the meeting held on August 25, 2004. Another applicant, Alice Filteau was not available to attend the meeting due to personal reasons (a copy of her letter explaining why she could not attend the meeting and outline of her credentials is attached for your review). Please refer to the attached draft minutes of the interviews. Due to the immediate need to fill the vacancies, the Board unanimously recommended that City Council appoint Shawn Schaffner as 1 st Alternate, and Donald Dunn as 2nd Alternate. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telenhnnrr (171) R6R-1220 0 SI TNC OM- 982-1220 • FAX. (321) 86R-1748 City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 5 of 10 back -to -school purchases tax-free days and said that the time period would extend by an additional nine days in 2005. Representative Allen concluded with the Space Program and reported that Speaker of the House Allen Binns appointed him Chair of the Space Port and Technology Program Committee. He informed that the committee has a $3 million budget to help Florida's space -related contract teams. Representative Allen explained how proposed employment programs would help to transition Space industry workers who are beneficial to the area economy. He informed that Florida did not acquire the Shared Services Center and thereby lost a revenue stream. Representative Allen stated how Florida is still actively engaged in space -related programs. He stated that he and Governor Bush met to uncover the space industry items that could be passed by Executive Order. A resident asked how a resolution is placed on the ballot and asked if the procedure to get a bill on the ballot would remain the same. Representative Allen replied that there were procedural changes in that the signatures provided and signature takers must be Florida based. He explained that an equal percentage of the 27 Congressional Districts must agree before the item is placed on the ballot. Mr. Shawn Schaffner asked about the gaming ships sewage dumping and inquired about the process for changing what is currently done. Representative Allen replied that Ports are subject to the three mile limit and this situation would be addressed in the upcoming session. He stated that Florida law could initiate more stringent shoreline restrictions to benefit coastal communities. Mayor Randels informed that Representative Allen acquired $8 million for a new Public Health Center. He also acquired $364 to offset the tax loss due to hurricane property damage. Mayor Randels informed that Representative Allen is also working toward a desalinization plant in the Port area. Representative Allen summarized how the project would decrease the use of the Orange County aquifer BOARD INTERVIEWS: Shawn Schaffner, Planning & Zoning Board Mr. Schaffner responded to Attorney Garganese that all of the information on his application was true and correct. He stated that his interest in serving on the Board was based on observed growth in the City. Mr. Schaffner replied that there was no Conflict of Interest in him serving on the Board. Mayor Randels replied that a Resolution to appoint him to the Board as an Alternate Member would be placed on the next City Council Agenda. JULm(7m9w9m o s zona CITY OF CAPE CANAVERAL ""�W"MWwPNm """"'""" APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Sh0.t...>yN sc-�A&A- - 2. Home Address: sO(a T� I a.e Aire. 3. Home Telephone: 4. Occupation: SoNe-s 5. Business Telephone: 3Z% - $ (8 - 5z1-' 6. Business Address: 50(. 1y1ee /five - B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y)(N) ✓ (Y)(N) 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent =-7SWNS to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? m ✓ (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? m (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in servm on a City advisory board or committee: ©.i�d 1.1� It he aF- .C� nun z �n owc G� S c< w�w.1a w n io e, V& C. -'Nn .y� t � C' G" 2. Briefly state any prior experiences in serving on any governmental board or committee: Ro P. -Na - 3. -Nc!' 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: � n wi J n -: u" I l< c!n cI 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment' c. Business and Cultural Development Board d. Code Enforcement Board* e. 2 Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. l Planning and Zoning Board* i. Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 9 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American ✓ Male Asian -American Female Hispanic -American Not Known Native American _/ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: _�� Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Office Use Date Appointed: Appointed by: Board Appointed to: Term Expires: Meeting Type: Regular Meeting Date: 06-07-05 AGENDA Heading Consent Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2005-18, APPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2005-18, appointing Harry Pearson as a regular member to the Construction Board of Adjustments and Appeals. Summary Explanation & Background: Term will expire on 12-15-2008. I recommend approval. Exhibits Attached: Resolution No. 2005-18 City "e er�ffice Department LEGISLATIVE fj c -6- $t'Tcim\mydo� titin\council\r n'q\zuu5\ue-ui-u5\zvu5-ln.aoc RESOLUTION NO. 2005-18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS 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 Code Section 2-171(f) created a Board known as the Construction Board of Adjustments and Appeals; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Harry Pearson is hereby appointed as a regular member of the Construction Board of Adjustments and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2008. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 7th Day of June 2005. Rocky Randels, MAYOR ATTEST: FOR AGAINST Susan Stills, CITY CLERK Steve Miller Jim Morgan APPROVED AS TO FORM: Buzz Petsos Rocky Randels Anthony Garganese, CITY ATTORNEY City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan Chapman, Secretary, Construction Board of Adjustment and Appeals Re: Request to Interview Prospective Board Member - Harry Pearson The Construction Board of Adjustments and Appeals last meeting was held on December 2, 2003. As you know, the Board usually meets every few years or so. The Board is in desperate need of additional members. There is currently only four members on this Board. I would suggest that the City Council interview Mr. Pearson to serve as a Board member on the Construction Board of Adjustment and Appeals. Please schedule his interview for the City Council meeting for May 17, 2005. 1 will send a letter to the current Board members and invite them to the meeting. If I can be of further assistance in this matter, please let me know. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 * FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2005 Page 6 of 10 Harry Pearson, Construction Board of Adjustment and Appeals Ms. Harry Pearson responded to Attorney Garganese that all of the information on his application was true and correct. He replied that he served as City Engineer in Waterloo, Iowa. He explained that he has written construction specifications and was licensed in both Iowa and Arizona. Mayor Randels explained that the Board addressed any Appeals of the Building Officials decisions; however, there have been few Appeals to date. Mayor Randels noted that Mr. Pearson's first choice was the Code Enforcement Board and told him that he would be contacted when a position became available on that Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 3, 2005. 2. Resolution No. 2005-15; Reappointing Two Regular Members to the Business and Cultural Development Board (Craig Smith and Elizabeth Foy). 3. Proposal from J & S Curb to Construct Sidewalks on the East Side of Poinsetta Avenue in the amount of $33,665. Mayor Randels asked if any member of Council, staff or interested party desired to remove any items from the Consent Agenda for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items 1 through 3. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 4. Motion to Approve: Proposal from Todd Peetz of Miller Legg and Associates to Conduct a GIS Land Use Study in the Amount Not to Exceed $11,000.00. Mayor Randels noted that this item was tabled at the May 3rd City Council meeting. He listed the Geographic Information Systems functions to include the following: to classify parcels and parcel sizes, the existing land use types and where they are located; to identify density and intensity and calculate units and acreage. Also, this would be the firs time the City would generate a map that can display how the City has developed other than the simple determination of residential or commercial. CITY OF CAPE '-'AiNA'I/EF-A': anid existing oaf� imarn-,-- L� -- Till cut an appl�"-,-+ 41 CiLy aff40 uronibits a person from ser4ing on a "�iiv Scard or, C;mrrii 1 11 p-,L-RISCM ~as Dee -l' Convided.! C", a �.eliony. their civi! finer —,stcrfff,. Please thiz iatliowi;ng 'n'h` --:mamr: v .."t7t�j- A. GENERAL )'Cars 3 T 2L� a! I- r. sente -or a 'City advtsorj boafz; or:.Cit7ii4it iffier. 1. Afe you dwy "Ggizlire'zl C'An.averai 12" morft or ici i�sr? j. C1 a0judicabon. Of a feiony in anv'ubsdiction- An'v >:iea n,f nolo crnterd4lere irnc contest) snail De copsicieFeQ a -convid"'C'n '�Of oumcs'ex t�-�z yes "o 3a. lnla-vc� 4a. Do vou Ci-es-mnt; sairiU or any other Cf C'a'pe ,,.:apavera! amiscry 0oam- or czmnmimii� A7271 -D -C' 4a, 2L) :i:y ifw,o:a; Ca Lry::a=-S u:3i ail persons .:.p;�iying fc, - '+itd aC'Jisor i board Cr committee roust voluntarily consent to a standerd crirrinai background before being ?_;;Li;�ln`-i�"'C � i'Car� syr .,`:"'^1it`-a �"tl •,rr�t; tr+��;(its(^{r �#: n fin a s ai-dar Y c'=- Mt{r?s; check performed or, you. by it e - ty or Czpe E (93GsTicaf L)y ciivGG aK UCiii ll' �J', iifti " c.1.- ; j/ i ..J v �A, �,..i^.7,,..,.: Nr�s,CiY , a.�'.: i1 ^a'•_, ,.ir t i .rw< �:7:; .., ,'..� .7.; ,. kit; to .icy i.nfiy s c7i -cur Es;i3r .i i3'? 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P!eaze ':ted', 'He appm.p.nav-- .RAZ"E C e M His pan lo -A mericaf,,, �� ("a ucmi;� Fr Nci Knovvin INZ.; Z; r-; j , j c- PERjUR'-,-z T HAT Tilr'-- 12 —R!j- .Z ACA- --F.LA7= Mi.l- j L; I - I .; THE BEST OF YOUR KNQWL;—'-H—JGE-, A*4:4 -TiiE OF; CAPE —@;-iE T-11GHT TO RELY ON THAT INNFORIMATION. 71,LHE E'- 1537ENC-E, CF THE COCE OF ETIMCS FO.R BLaC -1011FFiCERS iscECTIONG 112.311-;-.��& F"LORMA Sl"ATU-7ES] AND "'HE "SUNSFINE 11,AYP' ISEECTION 286.0il, Fl-OROA STATUTES], wHICH MAY PER-,7AIN To YOU lF YOCU ARE APPOINTED TO A 017.1' ADIVISORY BOARD OR COMMITTEE. AMD IF APPOINTED, IT IS YOUR SOLE DUTY 713 COMPLY WIT. H SUCH ILAWS. FILIA SE NO; T'r- • Initai a000mtmerl Zo ail'y ;L;bje--i t;_: C'J�tty C---uncil, approval foilo,.Mng a bne:: interview beiore the City Council at a r-squiaf Vy scheduied meeting. Your application *tl i-em-ain effective for ore year from the date nr` Please retum, t"� zi ase 105 Polk Avenue Meeting Type: Regular Meeting Date: 06-07-05 AGENDA Heading Resolutions Item 6 No. The City is soliciting qualified applicants until 5:00 pm, 06/03/05. City Council has 30 days from 05/31/05 to AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: RESOLUTION NO. 2005-19, ELECTING A SUCCESSOR COUNCIL PERSON TO FILL THE COUNCIL VACANCY CREATED BY THE RESIGNATION OF STEVE MILLER DEPT./DIVISION: LEGISLATIVE Requested Action: City Council, upon review of the attached qualification of candidates, consider the adoption of Resolution No. 2005- 19, electing a successor council person to fill the council vacancy created by the resignation of Steve Miller, which was effective 5/31/05, to serve on the City Council until a successor is duly elected at the November 2005 General Election. Summary Explanation & Background: The City is soliciting qualified applicants until 5:00 pm, 06/03/05. City Council has 30 days from 05/31/05 to appoint an individual to fill this council seat. Attached are three applicant letters as of 05/31/05. Exhibits Attached: Resolution No. 2005-19; three applicant letters; Mr. Miller's resignation letter City Mana'-s 0*e Department LEGISLATIVE cape- mydo etl in\council\meeting\2005\06-07-05\2005.19.doc RESOLUTION NO. 2005-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTED IN ACCORDANCE WITH CITY CHARTER, ARTICLE III, SECTION 4; ELECTING A SUCCESSOR COUNCIL PERSON IN ORDER TO FILL THE COUNCIL VACANCY CREATED BY THE RESIGNATION OF STEVE MILLER; PROVIDING THAT SAID SUCCESSOR COUNCIL PERSON SHALL SERVE ON THE CITY COUNCIL UNTIL A SUCCESSOR IS DULY ELECTED AT THE NOVEMBER 8, 2005 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a vacancy exists on the City Council of the City of Cape Canaveral, Florida, due to the resignation of Steve Miller; and WHEREAS, Article III, Section 4 of the Charter of the City of Cape Canaveral requires that, in the event of a vacancy, the City Council shall elect a successor Council Person who shall serve until the next General Election, and WHEREAS, the City Council has reviewed the qualifications of the candidates for said office and desires to appoint a candidate to serve on the City Council in place of Steve Miller. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida as follows: SECTION 1. is hereby appointed as Council Person, to serve until the next General Election scheduled for November 8, 2005. Upon said appointment, shall have all the same rights and privileges of any other Cape Canaveral Council person. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of June, 2005. SIGNATURE PAGE FOLLOWS: Resolution No. 2005-19 Page 2 of 2 ATTEST: Rocky Randels, MAYOR FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Steve Miller ABSTAIN or ABSENT Jim Morgan Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY ®y OF ®FFICE I, , do solemnly swear that I will support, protect, and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida, and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Susan Stills, CMC CITY CLERK Oath administered by: Anthony Garganese, CITY ATTORNEY on this 7th day of June, 2005 05/24/2005 16:29 FAX 321 784 4200 CB COCOA BEACH REALTY a001/001 vs �S- b// r-- j —, JIST62is',IT!iaP-' V May 24, 2005 Susan Stills, City Clerk City of Cape Canaveral 105 Polk Ave. Cape Canaveral, FI 32920 Dear Susan, It has come to my attention that Mr. Steve MHer has resigned from the city council. It is my understanding that his term would have run until November 2005_ Please be advised that I hereby submit my name for consideration by the council to fill the remainder of his term_ I would be happy to submit any other information that you may require. Best regards, Burt Bruns 116 Washington Ave_ Cape Canaveral, Fl 32920 This is to serve as my Letter of Interest to fill the seat vacated by the resignation of Steven B. Miller from the Cape Canaveral City Council. I meet the minimum requirements of the position: I am a City resident, and I am a registered voter in Brevard County. I have owned a home and lived in Cape Canaveral for more than twenty years. I have been active in the city's governance having served on the Planning and Zoning Board as a member and as its Chair. I've worked at various city volunteer events, from painting city hall, to planting mangroves at Manatee park, and building sand fencing on the beach. My wife is a very active volunteer in the city, she serves on two boards; the Beautification Board and Board of Adjustment. I served at least two terms on the Ocean Woods Home Owners Association's Board of Directors. I've had a productive career in Human Resource Development, I recently retired after ten years as a Personnel Officer for the City of Sunrise, Florida. This city government experience has given me insights into the importance of the city council and the responsibilities of the individual council members. I'm proud of our city and I wish to help it prosper and become the beautiful place described in the City's Mission Statement. Respectfully submitted, Bruce E. Collins 8708 Bay Court Cape Canaveral, F1 32920 (321) 784-8256 TO: MAYOR AND CITY COUNCIL CITY OF CAPE CANAVERAL Please take my name into consideration for appointment to fulfill the unexpired term of Office of resigned City Councilman Steve Miller Based on my past invoivement with beneficial to the and of the City. Please take into and dedication; I an asset. and present experience and the City, Ifeel that I can be operation of the City Council consideration my experience sincerely feel that I can be Leo C. Nicholas May 29, 2005 o /J :ON Gtv Pul L) t (-malice Jr;_ BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lav Usher L. Brown Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher" Jeffrey P. Buak" Cocoa & Viera Joseph E. Blitch Suzanne D'Agresta" Victoria L. Cecil Anthony A. Garganese" Scott J. Dornstein Jeffrey S. Weiss Amy J. Goddard Katherine W. Latorre 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law May 19, 2005 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Councilman Miller's Resignation City of Cape Canaveral (513-001) Dear Bennett: Erin J. O'Leary J. W. Taylor Of Counsel This letterfollows Councilman Steve Miller's decision to resign from the City Council, effective May 31, 2005. The City's charter addresses vacancies in elected offices in Article III., Section 4. According to the charter, upon a vacancy on the City Council due to any reason other than the recall of a council member, the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor council member to serve until the next General Election. Councilman Miller's seat is considered vacant on the effective date of his resignation, or May 31, 2005. The charter also provides that the vacant position shall be filled at the next General Election by a vote of the electors for the remainder of the original term. Since it is our understanding that Councilman Miller's term is scheduled to end in November of this year, there is no need to hold a general election to fill the remainder of his term. The election in November will be for a new three (3) year term. Pursuant to Florida law, Councilman Miller is required to submit his resignation not only to the City, but also to the Governor and the Department of State. See § 99.012(4)(e), Fla. Stat. Further, Councilman Miller must file a final full and public financial disclosure within sixty (60) days after leaving his public position for the period between January 1 of 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Bennett Boucher, City Manager May 19, 2005 Page 2 this year and the last day of office, unless within the 60 -day period, he takes another public position requiring financial disclosure under section 8, Article II of the Florida Constitution. See § 112.3144(5), Fla. Stat. I hope that you find this information helpful. Please contact my office should you require additional information regarding this matter. ZVe r (ours, Anthony A. Garganese City Attorney Page 1 of 1 virginiah From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Thursday, May 19, 2005 7:27 AM To: Bob Hoog; Buzz Petsos; Jim Morgan; Rocky Randels; Steve Miller Cc: Andrea Bowers; Anthony Garganese; David Sargeant; Douglas Scragg; Ed Lawson; Edward Gardulski; Jeff Ratliff; Kim McIntire; Nancy Hanson; Sarah McKillop; Susan Stills; Todd Morley; Virginia Haas; Walter Bandish Subject: FW: Resignation Talked with Steve this morning, he wants to move on with his Cocoa Beach career. Bennett Boucher City Manager City of Cape Canaveral, FI. Phone 321.868.1230 Fax 321.868.1224 e-mail boucher-cape@cfl.rr.com www.myflorida.com/cape From: Stephen Miller [mailto:smiiler@cityofcocoabeach.com] Sent: Wednesday, May 18, 2005 4:25 PM To: Bennett Boucher Subject: Resignation City Manager, OSI - o 1 o F SR'! riCi� 11 Pub. V1%: -r cs finance It is with deep regret that I must end my term with the City Council of Cape Canaveral. My consecutive absenteeism from Council meetings has been the result of a possible conflict of interest by being the "Acting" C.B.O. of Cocoa Beach and Cape Canaveral City Councilman. Whether there is a legal conflict or not, I cannot jeopardize my future with the City of Cocoa Beach should a problem arise. My resignation will become effective on May 31 It, 2005. It has been an honor and a pleasure working with the City I love again. I wish you, your staff, and our marvelous Council the very best in the days to come. God Bless, Steve Miller Steve Miller Plans Examiner/Building Inspector/C.B.0. Building Department 2 South Orlando Ave. Cocoa Beach, FL 32931 Phone: (321) 868-3340 Fax: (321) 868-3378 e-mail: smiiler ci ofcocoabeach.com 5/19/2005 4B FRIDAY, MAY 27, 2005 1 Brevard % VETOES, from 111 Brevard County hard. Only one project identified last week as a budget "turkey" by Florida Tax. Watch survived the cut. That was $200,000 for the Florida Space Authority's Student Launch Pro- gram. "There's high and lows," said Rep. Mitch Needelman, who was disappointed that Bushvetoed his own top priorities, including $4.1 million to begin building the Palm Bay Parkway. It met the same fate as other road projects not sanctioned by the Department of Transporta- tion. "To tell me I have to have ap- proval with DOT rubs me the wrong way. Maybe DOT needs to start listening to the local level," Needelman said. Also gone is $210,000 that• Needelman advocated for local Police Athletic League programs. Bush cut them in the past four budgets as well. A $250,000 study for a regional desalination plant at Port Ca- naveral sought by Rep. Bob Allen, R -Merritt Island, was cut along with other wastewater projects. To pass muster, the governor re- quired review by the Department of Environmental Protection, lo- cal matches and prior state fund- ing. T"1111E'WEIG If you are at least 100 pounds overweight and tired of how obesity controls your life, you need to know your options. An innovative weight -loss surgery is now available to help improve your health, reduce your risk of developing associated diseases, and enhance your quality of life. The LAP -BAND* System is different from other weight. loss surgeries you may have heard of. This unique treatment offers the following benefits: • Least invasive and safest surgical treatment • Avoids stomach stapling and intestinal re-routing FLOREDATODAY CITY OF CAPE CANAVERAL NOTICE OF COUNCIL SEAT VACANCY Due to the resignation of Steven B. Miller, the Cape Canaveral City Council will accept Letters of Interest from residents regarding this vacancy. City Council is authorized to appoint someone to complete the term of office pursuant to Article III, Section 4 of the City Code. Applicants must be a resident of the City of Cape Canaveral and a registered voter in Brevard County. Please submit Letters of Interest to the City Clerk's Office no later than 5:00 P.M., Friday, June 3, 2005 to be considered for appointment at the Regular City Council Meeting on Tuesday, June 7, 2005 at 7 P.M. The newly appointed Council member will be sworn in and take office at this time. Please contact the City Clerk's Office at (321) 868-1220/1221 if you have any questions. Letters may be FAXed to (321) 868-1248 or E-mailed to stills-capel0cf1.rr.com. Susan Stills, CMC, City Clerk 1 IAy1ti5 LIJ -kl_�] I L, i d[4_1 L-T� NO Appoinbnent Needed • Open 7Days A Week i6: �_. Aetna a Blue Cross • HealthFirst EmPloyers Mutual • Beechstrest • BPM Evolutions • First Health a Healthstar Cigna • Mail Handlers Great West/One Health • PHCS • Medicare • 1HCare United Health Plana and Cash Discounts Fri.9.5 -S t.9677.P-ADC Meeting Type: Regular Meeting Date 06-07-05 AGENDA Heading Considerations Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPROVAL OF THE ANNUAL AUDIT FOR THE YEAR ENDING 09-30-04 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider approval of the annual audit for the year ending 09-30-04 as presented by the audit firm of Bray, Beck & Koetter. Summary Explanation & Background: The annual independent audit is required by State law and the city has a clean audit report with no material findings. I want to thank the city treasurer and her staff for another great year in managing our city's finances. I recommend approval. Exhibits Attached: Audit report to be distributed s ffice City77/ Department ADMINISTRATION/FINANCE cape- myd cum nin\council\meetin 2005\06-0 7-05\audit.doc Meeting Type: Regular Meeting Date 06-07-05 AGENDA Heading Considerations Item 8 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: QUARTERLY TREASURER'S REPORT AND BUDGET TRANSFERS FOR THE PERIOD ENDING 03-31-05 DEPTJDIVISION: FINANCE Requested Action: City Council consider approval of the quarterly treasurer's report and budget transfers for the period ending 03-31- 05 as presented by the city treasurer. Summary Explanation & Background: See attached report. I recommend approval. Exhibits Attached: City treasurer's report City Mane ri t Department FINANCE cape- y.+.+k. uaucaa �y�XaultLL It Nuuuiiu: l wtee L.Li19 \2005 \Uo-U /-VJ \budget. coc MEMORANDUM DATE: May 5, 2005 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Quarterly Budget Report and Transfers for the Second Quarter of Fiscal Year 2004/2005, Quarter Ended 3/31/05 Revenues Revenues at mid -year are well within original projected levels. With Grant and internal transfer dollars removed they stand at 62% collected. With the advent of GASB 34, the City was required to convert the books from Modified Accrual to full Accrual. This affected the revenues in that past years 12 months of payments were recorded. Some revenues were current and others were lagging by a month. Those revenue streams that lagged have now, with the fiscal year 2003/04 financials, been brought current. This has produced a one-time increase in revenue for FY 03/04. It has no effect on the current fiscal year except to increase the number of accounts lagging in revenue recognition. The accounts adjusted are: Local Option Gas Tax, FP&L Franchise Fees, FP&L Utility Tax and Communications Service Tax. Garbage, Recycling and Recycled Product revenues have always maintained a two-month lag. With the revenues adjusted for the two-month collection lags, revenue collection stands at 78%. Federal and State Disaster Relief accounts have been established to recognize the FEMA payments expected over the next few months. These payments are related to the 2004 Hurricane season. At this time payments have been received for the damages to the Recreation facility and most of the debris removal provided by the City. The Finance Department is currently working with a new FEMA team and expects the balance of payments to be forthcoming. Fines and Forfeitures Revenue projections have been reduced by approximately 79% due in part to the laws that went into effect last July. I have included a table and graph reflecting the decline in revenues. The Florida League of Cities has responded to the concern of a number of cities within two counties, Brevard and Pineallas, that have lost much more than the expected 10% reduction. I have been told that this has been turned over to John Wayne Smith, who participated in the original legislation. The Auditor General has also been advised of our concerns. 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. Executive Salaries and related payroll taxes have been increased to fund the merit increases put in effect since the original budget. Contractual Services has also increased due to the temporary labor in the Finance Department. The School Board has requested that the City provide a Crossing Guard for the summer session, from June 2 through June 29. Unused balances in Per Diem and Uniforms have offset this Salary requirement with the balance coming from contingency. The Sheriffs contract was amended in March and the adjustments are recorded with this transfer. These include a small reduction in the Operating Expenses and an increase in Capital in both the General Fund and Capital Expansion Fund. Utilities were increased to reflect the current usage and an increase was made to the Community Policing Program to provide the funds necessary to provide the Youth Camp Week (June 13-16) and National Night Out. The Operating Supplies and Street Signs accounts within the Streets Department have been increased due to the increased spending to recover from the 2004 Hurricane season. The Parks & Recreation Department requires increases in accounts in both the General Fund and the Capital Expansion Fund. These relate in part to damages from the hurricanes to both the Tyler Ave. facility and City Park. The re -roofing of the main facility, budgeted and approved in the last fiscal year was delayed due to the hurricanes and requires a reappropriation. Additional modifications and improvements to Manatee Park are reflected in an increase to Capital Expansion as is the fencing required at Cape View. Special Pay and Christmas Bonus Special Pay are zeroed out to provide the funding within the specific departments. The Beach Sand fence Project account has been reinitiated and funding has been appropriated for the current volunteer sand fence project. Contingency has been reduced to provide the balance of funding for the above adjustments. Within the Beautification Fund Cash Forward has been utilized to provide the additional funding required for Operating Supplies, for the Spring and Summer banners for the street light poles, as requested by the Beautification Board and to provide for the additional Decorative Street Lighting and Manatee Park landscaping. Unplanned expenditures within the Sewer Fund include the purchase of a gas grill, office furniture and tile for the Administration Building. Additional funds are required for Subscriptions and Training for the remainder of the fiscal year. Capital Equipment has been increased, as the Lab required two large capital items, which were not budgeted. These were a Sigma Sampler and an Auto Chlorine Titrator. A computer server for the administration building and a Plant HMI computer, originally budgeted in FY 2003/04 are also included in the current transfers. These increases are funded through Contingency. System Maintenance in the Stormwater Fund has been increased to replace damaged storm drain covers. Operating Supplies are increased to provide the office furniture needed by the Stormwater Coordinator. FEMA Mitigation was increased to fund the preliminary engineering design fees for Orange and Buchanan Avenues. These increases are funded through Contingency. This completes the requested Budget Amendments for the first quarter of 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. CITY OF CAPE CANAVERAL FINES & FORFEITURES 78,230.67 108,180.77 11,013.13 " JULY 2004 STARTED THE NEW PAYMENT ALLOCATION 18, 000.00 16,000.00 14,000.00 12, 000.00 10,000.00 8,000.00 67000.00 4,000.00 2,000.00 FINES & FORFEITURES QiQ- �� ��QQ'y PQM OG OJ j ® FY 2002/03 0 FY 2003/04 0 FY 2004/05 FY 2002/03 FY 2003/04 FY 2004/06 CHANGE OCTOBER 4,553.72 11,186.15 1,543.74 -86% NOVEMBER 2,613.15 9,865.50 1,920.01 -81% DECEMBER 6,531.18 11,120.36 905.43 -92% JANUARY 5,071.63 12,240.73 1,414.57 -88% FEBRUARY 6,961.13 10,301.69 2,293.50 -78% MARCH 4,323.64 13,703.44 2,935.88 -79% APRIL 4,803.72 9,865.08 MAY 4,468.49 12,408.54 JUNE 6,912.71 8,885.82 JULY 15,390.43 4,752.35 -69% AUGUST 7,698.80 2,151.64 -72% SEPTEMBER 8,902.07 1,699.47 -81% 78,230.67 108,180.77 11,013.13 " JULY 2004 STARTED THE NEW PAYMENT ALLOCATION 18, 000.00 16,000.00 14,000.00 12, 000.00 10,000.00 8,000.00 67000.00 4,000.00 2,000.00 FINES & FORFEITURES QiQ- �� ��QQ'y PQM OG OJ j ® FY 2002/03 0 FY 2003/04 0 FY 2004/05 City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/05 12/31/2004 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance General Fund General Fund Revenue 001-313.7000 USA Waste Franchise Fees 10,000 20,000 30,000 001-329.2000 Fire Inspection Fees 25,000 15,000 40,000 001-331.5000 Federal Disaster Relief - 108,090 108,090 001-334.5000 State Disaster Relief - 17,294 17,294 001-343.4510 Recycled Product Revenue 10,000 15,000 25,000 001-351.1000 Fines & Forfeitures 130,000 (102,575) 27,425 001-369.2000 Plan Review Income 100,000 50,000 150,000 Amended General Fund Revenue 122,809 Administration 001-2-513.1100 Executive Salaries 243,340 30,000 273,340 001-2-513.2100 FICA Taxes 18,692 2,300 20,992 001-2-513.3400 Contractual Services 4,050 6,000 10,050 Amended Administration Expenditures 38,300 Public Safety 001-4-521.1200 Regular Salaries & Wages 10,166 1,570 11,736 001-4-521.2100 FICA Taxes 778 120 898 001-4-521.3400 Police Service Contract 1,918,334 (2,015) 1,916,319 001-4-521.3410 Citizens Observer Program 6,000 2,400 8,400 001-4-521.4000 Travel & Per Diem 200 (200) - 001-2-513.4300 Utilities 7,500 1,500 9,000 001-4-521.5230 Uniforms 750 (650) 100 001-4-521.6400 Capital Equipment 51,291 20,590 71,881 Amended Public Safety Expenditures 23,315 Street Department 001-7-541.5200 Operating Supplies 9,050 6,000 15,050 001-7-541.5330 Street Signs 20,850 8,000 28,850 Amended Street Department Expenditures 14,000 Recreation Department 001-11-572.4610 Building & Grounds Maintenance 3,400 2,500 5,900 001-11-572.6300 Facility Improvements 42,700 10,500 53,200 001-11-572.6400 Capital Purchases - 9,700 9,700 Amended Recreational Dept Expenditures 22,700 Non -Departmental 001-17-901.1400 Special Pay 10,000 (10,000) - 001-17-901.1600 Christmas Bonus Special Pay 3,771 (3,771) - 001-17-901.4950 Beach Sandfence Project - 45,000 45,000 001-17-901.9900 Contingency 46,277 (6,735) 39,542 Amended Non -Departmental Expenditures 24,494 City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/05 12/31/2004 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Amended General Fund Revenues 122,809 Amended General Fund Expenditures 122,809 Beautification Fund Revenues Expenditures 105-301.1000 Cash Forward 180,800 42,000 222,800 Amended Beautification Fund Revenues 42,000 403-18-538.5200 Operating Supplies 1,000 1,200 2,200 Expenditures 14,100 14,100 403-18-538.9900 Contingency 89,572 105-15-541.5200 Operating Supplies 26,900 5,000 31,900 105-15-541.6312 Decorative Street Lighting 61,000 29,000 90,000 105-15-541.6330 Manatee Park Project - 8,000 8,000 Amended Beautification Fund Expenditures 42,000 Capital Expansion Trust Fund Expenditures 302-26-521.6000 Capital Expansion Police 32,079 6,000 38,079 302-26-521.9900 Contingency - Police 89,533 (6,000) 83,533 302-26-572.6000 Capital Expansion Parks & Recreation 37,500 50,000 87,500 302-26-572.9900 Contingency - Parks & Recreation 116,140 (50,000) 66,140 Amended Capital Expansion Fund Expenditures - Sewer Enterprise Fund Expenditures 401-10-535.5270 General Supplies 10,000 2,500 12,500 401-10-535.5400 Subscriptions and Training 5,869 1,200 7,069 401-10-535.6400 Facility Improvements 19,000 56,000 75,000 401-19-901.6313 Reuse Installation 138,100 50,000 188,100 401-19-901.9900 Contingency 234,775 (109,700) 125,075 Amended Sewer Enterprise Fund Expenditures Stormwater Enterprise Fund Expenditures 403-18-538.4610 System Maintenance - 1,750 1,750 403-18-538.5200 Operating Supplies 1,000 1,200 2,200 403-18-538.6315 FEMA Mitigation - 14,100 14,100 403-18-538.9900 Contingency 89,572 (17,050) 72,522 City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/05 12/31/2004 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Amended Stormwater Enterprise Fund Expenditures - Meeting Type: Regular Meeting Date: 06-07-05 SUBJECT: DEPT./DIVISION: AGENDA REPORT AGENDA Heading Considerations item 9 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL CONSIDERATION: PROJECT FUNDING LEGISLATIVE REQUEST FOR STATE AND FEDERAL TRANSPORTATION Requested Action: City Council prepare and approve a transportation project list to be submitted to the Brevard Metropolitan Planning Organization. Summary Explanation & Background: I have attached last year's project list and ranking, and I am requesting feedback and a motion for approval for this year's project submittal. The due date is 06-15-05. Please advise. Exhibits Attached: MPO letter; 2004 Project List and Instructions City Ma is cell Department LEGISLATIVE k J ca m sdmin\council\meeting 005\06-07-05\mpo.doc DATE: May 9, 2005 TO: City Managers Technical Advisory Committee Members Growth Management Subcommittee Members FROM: Kama Dobbs, Transportation Planner 2725 Judge Fran Jamieson Way, Bldg. A Melbourne, Florida 32940 Telephone: (321) 690-6980 Fax: (321) 690-6827 SUBJECT: Request for State and Federal Transportation Improvement Funds and Locally Funded Project Information Each year the MPO is required to prepare a five-year work program of transportation projects planned for the Palm Bay -Melbourne -Titusville Urbanized Area. This five year program, the Transportation Improvement Program (TIP), is the basis for receiving federal and state transportation funds. Preparation of the TIP begins with the MPO establishing project priorities for the Brevard County area. To prepare this document, we need your assistance. There are two steps in the TIP process that must be completed by you. The first is to submit information regarding locally funded and implemented projects for inclusion in the FY 2006 - 2010 TIP. The second is to submit requests for projects to be federally funded, which will be prioritized for inclusion in the FY 2007 - 2011 TIP or future TIP's. The requirements for each step are described in the enclosures included with this letter. Enclosures for each step are grouped together. Please read the instructions carefully, the forms have changed slightly from previous years. For your convenience, electronic versions of this letter and the enclosures have been posted on the MPO web site at the following address: http://www.brevardmpo.com/2005tipforms.htm. Please note you must type the entire URL into your browser to access these items. If you have any questions regarding either process, please contact Bob Kamm at 690-6890 or bkamm@brevardmpo.com or me at kdobbs@brevardmpo.com. REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMIT NGJURISDICTrON: City of Cape Canaveral 2. JUPIEDICTiON'S PRIORI i f VA i rile THE CATEGORY: 1 3. PROJECTLOCI-.-ON: SR AIA, Ir_ternatior_a1 Drive and N. Atlantic Avenue (401 ) 4. REQUESTEDnCTION: Reconfigure alignment of intersection 5. DESCRIPTION OFPROBLEW International Drive and N. Atlantic Avenue are offset with the alignment of SR AlA, thus an unsafe area 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. if Yes, give study type, date, author and conclusions: Th i G nrni Ar -t is recommended within the SR AIA Transportation Alternatives Study b. If No, what type of study maybe needed to better define the problem and/or solution(s): N/A 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: Port interchange project resulting in increased traffic volume and growth in area 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: _ City Council approves of this project REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTINGJURISDICTION: . City of Cape Canaveral 2. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 2 3. PROJECT LOCATION: SR Al A and Columbia Dri v 4. REQUESTED ACTION: Construct a pedestrian overpass 5. DESCRIPTIONOFPROSLEM: There presently is no safe way to cross SR AIA at this intersection 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: N/A b. If No, what type of study may be needed to better define the problem and/or solution(s): Warrant Study 7. RECENTLY COI4IPLEi ED, PLANNED CR PRCGRkliMED PROJECTS THATMAYAF=ECT REQUESTED ACTICN: Canaveral Port Authority Interchange, increase traffic V01=P S. SUN-MtARI_EPUBLIC CCMMEN7RECEIVED TC -DATE: City Council approves of this proiect REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: City of Cape Canaveral 2. JURISDICTIONS PRIORITY: 3 3. PROJECT LOCATION: SR Al A and rnl nmhi A T)ri r7c 4. REQUESTED ACTION: Install traffic signal with pedestrian features 5. DESCRIPTION OF PROBLEM: Will help to make this intersection safe for vehicles and pedestrians 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: NSA b. If No, what type of study may be needed to better define the problem and/or solution(s): Warrant study 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: increased traffic due to growth in this service area 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: FDOT will not lower speed limit; traffic volumes are increasing, safety is major concern -------------------------------------------------- REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: 2. JURISDICTIONS PRIORITY: 3. PROJECT LOCATION: 4. REQUESTED ACTION: 5. DESCRIPTION OF PROBLEM: 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: b. If No, what type of study may be needed to better define the problem and/or solution(s): 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBM1171 NG JURISDICTION: City of Cape Canaveral 2. JURISDIC HON'S PRIORITY V'A TIHIN THE CATEGCRY: 4 3. PFOJ_CT LOCaTICN: SR A 1 A 4. REOUE37_=Dr.C7ION: Install overhead boom/mast arm signal s a (-) locations 5. D_SCRIP7IONOFP.'.02LE.'d: City is on a barrier island; current signals are subject to severe wind damage 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Identified within the SR A1A Transportation Alternatives Stud b. If No, what type of study may be needed to better define the problem and/or solution(s): Upgrade to new standard 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: City Council .approves of this project; will help to keep traffic flowing after a storm event REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTINGJURISDICTION: City of Cape Canaveral 2. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 5 3. PROJECTLocATION: SR Al A 4. REQUESTED ACTION: Street lighting plan and implementation 5. DESCRIPTION OF PROBLEM: Street lighting on SR AIA is deficient 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Identified within the SR A1A Transportation Alternatives Study b. If No, what type of study may be needed to better define the problem and;or solution(s) N/A 7. RECENTLYCCMPLciED, P LA N N E D OR .0 RC G E0PROJECTSTN4TMAY AFFECTREQUESiE0ACT!CN: N/A S. SUM&WRIZEPUBLIC COMMENT RECEIVEDTO-DATE: City Council approves; project will provide safety for vehicular traffic and pedestrians REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITrINGJURISDICTION: City of Cape Canaveral 2. JURISDIC T lON'S PPICRITY Y•4 i riIN H-= CAT=GO?Y: 6 3. PROJECT LOCATION: SR Al A 4. REouESTEDAC-ON: Synchronize traffic lights 5. DESCRIPTICNOFPROBLEM: Current signalization interrupts traffic flow 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Identified within the SR AlA Transportation Alternatives Study b. If No, what type of study may be needed to better define the problem and/or solution(s): N/A 7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A 8. SUMMARIZE PUBLIC COMMENT RECEIVED TO -DATE: City Council approves REQUEST FOR STATE AND FEDERAL FUNDING HIGHWAY PROJECTS 1. SUBMITTING JURISDICTION: City of Cape Canaveral 2. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 7 3. PROJECT LOCATION: SR Al A 4. REQUESTED ACTION: Design and construct an urban roadway profile for SR A1A 5. DESCRIPIIONOFPROBLEM: Installation of an urban roadway will provide safety for vehicles as well as pedestrians 6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Recommended within the SR A1A Transportation Alternatives Study b. If No, what type of study may be needed to better define the problem and/or solution(s): N/A 7. RECENTLY COMPLET'=D, PLANNED OR PRCGRAMMED PROJECTS THAT NtAY AFFECT REQUESTED ACTION: N/A S. SUMMARIZE PUBLIC COMMENTRECEIVEDTO-DATE: City Council approves Project Requests for Priority Consideration for State and Federal Funding in FY 2007 — 2011 Preparation of the TIP begins with the MPO annually establishing project priorities for the Brevard County area. Enclosed is a blank standard form titled "Request for State and Federal Transportation Project Funding". Under the provisions of the Transportation Equity Act for the 21s' Century (TEA -21), transportation projects on arterial and collector roads under the control of both local governments and the Florida Department of Transportation (FDOT) are eligible for federal funding. The "Request for State and Federal Transportation Project Funding" form is the method by which local governments inform the MPO of desired improvement projects on arterial and collector roads. In general, the projects that will be implemented by FDOT using state and/or federal funds should be included on the form. The MPO will consider these projects when it prioritizes transportation needs for funding consideration. A more detailed explanation of the form is enclosed. Please note that the purpose of the form is to advise the MPO of potential new projects that should be considered for state and federal funding only. The forms are not to report projects that will solely use local transportation improvement funds. Projects in the MPO Priority List are separated into three categories: Strategic Intermodal System (SIS), Regionally Significant (RS), and all Other Projects (XU). The categories generally correspond to state and federal funding sources and are described in detail on the following page. Project requests must fit into one of these categories. In addition to the main priority list categories, the MPO also prioritizes Transportation Enhancement projects and Traffic Operations projects. In February, 2005, the MPO decided not to accept new Enhancement project applications in 2005. Enhancement projects will be resubmitted to FDOT in the priority order adopted on May 27, 2004. The funding set-aside by the MPO for traffic operations projects is currently committed to the projects that were prioritized in 2003, therefore new Traffic Operations projects will not be considered this year. The MPO strongly urges the Council, Commission or Board of each local government to adopt the list prior to submission to the MPO. This will insure that the public, staff and elected officials are aware of the project list and that the projects included on the form(s) represent the local government's official position. Additionally, in order to satisfy the requirements of the Federal Highway Administration (FHWA), FDOT and the Department of Community Affairs (DCA), all projects being considered for inclusion in the FDOT Work Program must be supported by the local jurisdiction's Comprehensive Plan or Master Plan. Therefore documentation of Plan support in the form of a map or project list that includes the project, or a policy that clearly supports the project is required with your request for funding. Projects without documented Plan Support cannot be included in the FDOT Work Program. Please submit the completed forms as soon as possible before JUNE 15, 2005. The Growth Management Subcommittee (GMSC) will meet on July 7, 2005 at 1:00 p.m. to evaluate the requests and submit preliminary priority recommendations to the TAC, CAC and MPO for review at their regular meetings in August. BREVARD MPO PROJECT PRIORITIES FUNDING CATEGORIES In 2004, FDOT announced the intent to implement a revised funding policy that will eventually allocate 75 percent of available flexible capacity funds to improvements on the Strategic Intermodal System (SIS) and SIS connector routes. The remaining 25 percent will be directed to non -SIS regionally significant (RS) roadways. MPOs will use the Urban Attributable Funds (XU funds) under their programming control to address needs on the balance of the system. FDOT District 5 has requested that MPOs submit priorities for projects within each of these three major funding categories. The MPO revised its project priorities format and process to meet this request in 2004. The following describes the funding categories in more detail. Strategic Intermodal System (SIS) The SIS includes transportation corridors and hubs that are essential to the economic vitality of the State of Florida, as identified by FDOT and adopted by the Legislature in April 2004, and connectors designated by FDOT in June 2004. IN Brevard, projects located on Interstate 95, SR 528, and portions of US 192, Airport Blvd, NASA Blvd., SR 401, and SR 405 (see attached map) are eligible for this funding. Additionally projects at Port Canaveral, the Spaceport Melbourne International Airport and along the FED railroad may also be eligible. Although the MPO will recommend priorities for funding using SIS funds, FDOT is under no obligation to concur with these recommendations. For further information about the SIS, visit http://www.dot.state.fl.us/planning/sis/defauIt.htm. Regionally Significant Roadways (RS) FDOT issued guidelines for the designation of Regionally Significant (RS) roads in August, 2004. Based on the guidelines and local knowledge of the transportation system, the MPO developed and adopted a map of RS roadways in Brevard in October 2004. Designation was based on functional classification, hurricane evacuation and connections to adjacent counties or regional facilities. A matrix indicating the rationale behind the designations is included in the 2004 Project Priorities Status Report, which can be found on the MPO web site. Only projects located on the corridors indicated on the map are eligible for funding under this category. Urban Attributable Funds (XU) Other projects supported by the MPO are eligible for federal Urban Attributable Funds designated for Brevard County. These funds are known as XU funds, and are completely under the programming control of the MPO. Projects not included on the SIS or RS systems will be considered by the MPO for XU funding. Additionally, in order to improve funding prospects, the MPO may decide to fund some RS projects using XU funds. Transportation Enhancements Projects such as bike paths, trails and landscaping that meet federal criteria are eligible for Transportation Enhancement funds. Projects in this category undergo a separate application and ranking process by the Bicycle, Pedestrian and Trails Advisory Committee (BPTAC) and may not be accepted every year. Traffic Operations Major operational improvements that provide moderate congestion relief or address safety concerns may be considered for funding using funds set aside each year by the MPO for traffic operations. Projects in this category undergo a separate evaluation and selection process by the Traffic Operations Committee and may not be accepted every year. Rev. 5/2005 N A Adopted October 14, 2004 Brevard County Regionally Significant Roadways LEGEND �I Corridors SIS Corridor (Highway) SIS Connector (Highway) SIS Corridor (Rail) 5C SIS Corridor (Waterway) Regionally Significant Corridor • • • •.. • Regionally Significant Corridor (Future Construction) i Other Major Roads Regional Attractions + Airport 0 �` -Potential new South Brevard College or University Interchange. Specific location Military Base and alignment of southern portion Performing Arts Center of the Palm Bay Parkway and Regional Medical Center/Clinic the interchange to be determined. Regional Park Brevard County Regionally Significant Roadways Regional Attractions (North to South) Canaveral National Seashore Merritt Island National Wildlife Refuge Brevard Community Colleg+ - Titusville Kennedy Space Center (SIJ) Enchanted Forest Space Coast Executive Airport Cape Canaveral Air Force Station Port Canaveral (SIS) Brevard Community College - Cocoa University of Central Florida - Brevard Solar Energy Center Cocoa Expo Sports/Event Complex Cocoa Village Playhouse Cocoa Beach Pier Ron Jon's Surf Shop Fischer Park/l.ori Wilson Park Space Coast Stadium Veteran's Clinic Brevard Zoo Patrick Air Force Base Paradise Beach Brevard Community College - Melbourne King Center for the Performing Arts Wickham Park Melbourne International Airport (SIS) Holmes Regional Medical Center Indialantic Boardwalk Spessard Holland/Melboume Beach Palm Bay Regional Park Brevard Community College - Palm Bay Sebastian Inlet State Recreation Area 13RCVARD MPD LEGEND Corridors SIS Corridor (Highway) SIS Connector (Highway) SIS Corridor (Rail) ' ' ' ' SIS Corridor (Waterway) Regionally Significant Corridor • • • •.. • Regionally Significant Corridor (Future Construction) Other Major Roads Regional Attractions + Airport 0 Beach r College or University 4 Military Base oe Performing Arts Center ® Regional Medical Center/Clinic Regional Park Sea Port • Space Port * Sports/Event Complex + Tourist Attraction 0 Zoo Regional Attractions (North to South) Canaveral National Seashore Merritt Island National Wildlife Refuge Brevard Community Colleg+ - Titusville Kennedy Space Center (SIJ) Enchanted Forest Space Coast Executive Airport Cape Canaveral Air Force Station Port Canaveral (SIS) Brevard Community College - Cocoa University of Central Florida - Brevard Solar Energy Center Cocoa Expo Sports/Event Complex Cocoa Village Playhouse Cocoa Beach Pier Ron Jon's Surf Shop Fischer Park/l.ori Wilson Park Space Coast Stadium Veteran's Clinic Brevard Zoo Patrick Air Force Base Paradise Beach Brevard Community College - Melbourne King Center for the Performing Arts Wickham Park Melbourne International Airport (SIS) Holmes Regional Medical Center Indialantic Boardwalk Spessard Holland/Melboume Beach Palm Bay Regional Park Brevard Community College - Palm Bay Sebastian Inlet State Recreation Area 13RCVARD MPD Meeting Type: Regular Meeting Date: 06-07-05 AGENDA Heading Ordinances -l" Reading Item 10 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 11-2005, AMENDING CHAPTER 110, PROVIDNG FOR REVISED AND ADDITIONAL APPLICATION AND PROCEDURAL REQUIREMENTS FOR REZONING, VARIANCES, SPECIAL EXCEPTIONS AND ADMINISTRATIVE APPEALS, MAILING CONFIRMING AMENDMENTS TO CHAPTER 58 DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading, Ordinance No. 11-2005 amending Chapter 110, Zoning, of the Code of Ordinances; providing for revised and additional application and procedural requirements for rezonings, variances, special exceptions, and administrative appeals; making conforming amendments to Chapter 58, as recommended by the Planning & Zoning Board. Summary Explanation & Background: This item was a result of a joint code review workshop with the City Council and Planning & Zoning Board. I recommend approval at first reading. Exhibits Attached: City attorney's letter; Ordinance No. 11-2005 City Mana e ' e �, Department LEGISLATIVE cape- ydocum is in\counci1\meeting\2005\06-07-05\11-2005.doc BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorngs at Lazy Usher L. BrownOffices in Orlando, Kissimmee, Debra S. Babb-Nutcher" Jeffrey P. Buak" Cocoa & Viera Joseph E. Blitch Suzanne D'Agresta' Victoria L. Cecil Anthony A. Garganese° Scott J. Dornstein Jeffrey S. Weiss Amy J. Goddard Katherine W. Latorre 'Board Certified Civil Trial Lawyer 'Board Certified City, County & Local Government Law May 19, 2005 Via Hand Delivery Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Final Draft Chapter 110 Revisions Dear Bennett: Erin J. O'Leary J. W. Taylor Of Counsel Enclosed is the final draft of Chapter 110 revisions which were approved by P&Z this month. Please schedule this ordinance for first reading before the City Council at the June 7, 2005 meeting. Should you have any questions, do not hesitate to contact me. 4Antho yours, A. arganese City Attorney AAG/Img Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net (DRAFT 5-19-05) ORDINANCE NO. L-2005 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; PROVIDING FOR REVISED AND ADDITIONAL APPLICATION AND PROCEDURAL REQUIREMENTS FOR REZONINGS, VARIANCES, SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS; MAKING CONFORMING AMENDMENTS TO CHAPTER 58, PLANNING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 163, Florida Statutes, requires the City of Cape Canaveral to adopt, amend, and enforce land development regulations that are consistent with and implement its adopted comprehensive plan; and WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined that significant revisions are required to simplify and streamline the requirements and procedures relevant to land use decisions; and WHEREAS, the City has the police power to establish comprehensive zoning districts and regulations in order to preserve and protect the public welfare. Euclid v. Ambler Realty Co., 272 U.S. 365 (1926); and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. _-2005 Page 1 of 27 (DRAFT 5-19-05) Section 2. Code Amendment. Chapters 58 and 110 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and strikeont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapters 58 and 110. It is intended that the text in Chapters 58 and 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 58. PLANNING ..: Maim:. .. vier.M01.2 .. - . .InI IL.M&MMINI IIWM11I or. .. .. 1 - . - , - - I MY -IL-IWArql$LVWI 62:1M- .. City of Cape Canaveral Ordinance No. _-2005 Page 2 of 27 (DRAFT 5-19-05) ..:. V0481 move *X411114 Nis ..: tp :.. ..mpm-MMIN.. Secs. 58-3-726--58-55. Reserved. CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-2. Board of Adjustment. Lal A board of adjustment is established and shall consist of five (5) members a The board of adjustment shall have the powers and duties to consider the an rn oval of applications for special exceptions variances and administrative appeals under this Chapter. Lc , The board of adjustment shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained from the city council. Sec. 110-3. Planning and Zoning Board. Lal The planning and zoning board is established and shall consist of five (5) members City of Cape Canaveral Ordinance No. _-2005 Page 3 of 27 (DRAFT 5-19-05) a The planning and zoning board shall operate exclusively in an advisory capacit�to the city council and the board of adjustment for variances and special exceptions and no ruling, decision or recommendation of the board shall be binding on the council Lcl The board shall perform such duties as are conferred on it by and this Code and the city council and shall, from time to time, make studies on planning and zoning matters affecting the health, welfare, safety and morals of the people of the city. (dj No problem or situation relating to zoning shall be submitted to the city council prior to being submitted to and acted upon by the planning and zoning board Such problems or situations relating to zoning shall include but not be limited to the following_ U Changes in zone classification. (2a Changes in zoning district boundaries and zoning maps La Review and revision of zoning sections. (41 Recommendation concerning a master plan and periodic review thereof Lei The planning and zoning board shall make recommendations to the board of adjustment concerning_special exceptions and variances in accordance with this chapter. ft The board secretary shall, after each meeting of the planning and zoning board, transmit a copy of the board's minutes to each member of the city council the city clerk and the city attorney. Such minutes shall include the board's recommendations on any matter coming before it, including a short statement setting forth the facts upon which the board's recommendations were based, as well as the board's reasons for the recommendation ,(gj The planning and zoning board shall not incur any debts or enter into any contracts or obligations which would be enforceable against the city, unless prior approval has been obtained from the city council. ARTICLE II. PROCEDURE; LAND USE DECISIONS BOARD OF *WUSTMENT DIVISION 1. GENERALLY See. 110-26. , Intent and Purpose. The intent and purpose of this article is to set forth the procedure and requirements for applying for variances, special exceptions rezonings and administrative appeals as set forth in this article. A board of adjustment in. established, which shall consist of five ryiembers. City of Cape Canaveral Ordinance No. _-2005 Page 4 of 27 (DRAFT 5-19-05) Sec. 110-27. ProceedingT. Authority. U Unless otherwise provided in this chanter, the city council shall render all final decisions regarding rezonings and the board of adjustment shall render all final decisions regarding variances, special exceptions and administrative appeals The respective board rendering final decisions may impose reasonable conditions and safeguards on any approved rezoning variance special exception or administrative appeal to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the city code and comprehensive planSuch conditions and safeguards when made part of the terms under which the rezoning variance special exception or administrative appeal is granted, have the same force and effect as any other provision of this Code and violation of same shall be deemed to be a violation of this Code and punishable by this Code a All formal decisions shall be based on competent substantial evidence and the applicable criteria set forth in this article. The city council may adopt, by resolution quasi-judicial rules and procedures to implement this chapter. UU All final decisions rendered under this Chapter must be consistent with the City's Comprehensive Plan. ff All final permits issued under this cha ter may be temporarily suspended or absolutely revoked by majority vote of the board that rendered the final decision if the board later determines at a public hearing that either: W the applicant has obtained the finalep rmit upon false statements fraud deceit misleading or perjurious statements, or suppression of material facts,• the applicant has committed substantial violations ofthe terms and conditions of any permit: or X3,1 the applicant has used any final permit to knowingly allow illegal activities to be conducted on the property which is subject to said pennit. Sec. 110-28. Powers and duties. Due process; special notice requirements. City of Cape Canaveral Ordinance No. _-2005 Page 5 of 27 (DRAFT 5-19-05) Lal All applicants shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence cross-examine witnesses and be represented by a duly authorized representative. (121 In addition to any notice requirements provided by state law, all public hearin)Zs under this article shall be publicly noticed for at least ten (10) calendar days prior to the date of the hearing. Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: a Posting the affected property. Posting at city hall. Notifying, by certified mail, all owners of real property (including homeowner's and condominium associations) adjacent to and within five hundred (500) feet of the subject property. 4 Notifying, by certified mail, the owner(s) of the subject property for which the application is being made. The notice requirements set forth in subsections (1),2), and (3) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of ap ep alin any decision made under this chapter. Lcl When any proposed zoning district boundary change variance or special exception lies within 500 feet of the boundary of M property under another government's jurisdiction notice shall be forwarded to the governing body of the appropriate government authority in order to afford such body an opportunityto appear at the hearing and express its opinion on the effect of said proposed district boundary change variance or special exception Sec. 110-29. Aditninisfirative review. Applications. The city manager or the city manager's designee is hereby authorized to prepare aVplications in furtherance of this chapter. At a minimum, all applications for rezonings, variances, special exceptions and administrative appeals shall be accompanied by the applicable application fee adopted by the city council and shall contain the following information: A general description of the relief sought under this chapter. City of Cape Canaveral Ordinance No. _-2005 Page 6 of 27 (DRAFT 5-19-05) A brief explanation as to why the application satisfies the relevant criteria set forth in this article. The name(s) of the owner(s) of the particular real property_ (41 If the applicant is other than all of the owners of the particular property, written consent signed by all owners of the particular real property shall be attached L, The legal description of the particular real property, accompanied by a certified survey or that portion of the map maintained by the Brevard County Property Appraiser reflecting the boundaries of the real property_ 01 The current and future land use and the zoning designations on the real property. La Certified survey or scaled sketch drawing dgpictingLthe property boundaries and all structures thereon. For rezonings variances and special exceptions, applicants shall provide to the city, at least 30 days in advance of the planning and zoning board meeting the names and addresses of all affected property owners For the purpose of this requirement, an affected property owner or owners shall mean any property owner or agent of record owning property which lies within a radius of 500 feet from any boundary of the property for which the application is sought as reflected in the survey or that portion of the map maintained by the Brevard County property t�ppraiser reflecting the boundaries of the parcels affected. ..: .. rww PE -FW 9, MRIVIOLOJOVIIII mommermlelk -- a .. ..got P1911 ALMA M OR I:. City of Cape Canaveral Ordinance No. _-2005 Page 7 of 27 (DRAFT 5-19-05) • • • • 1 • / • • • • • -. . 1 • - . . . . . ; MA • - • • : • • - • WAWA A 4 A 0 111110 A A r, I M 11I It 1 • - - - • • • • 1 • / • • • • ; • • vmlltw- • • :• : • • - • • : • • - • WAWA A 4 A 0 111110 A A r, I M 11I It 1 • - - - • • • • • • . • Ion one Lj A IM91"Wo• o • • • im r-joloral 0I or! Not If Sec. 110-30. fndebtedne Staff review. Lal The city staff shall be required to review all applications for rezonings variances special exceptions and administrative appeals, and make written recommendations to the ap lip cable cit,, board. (12)- Upon completion of the written recommendation, city staff shall forward the application, along with the recommendation to either the planning and zoning board or the board of adjustment, as required by this article, for a duly noticed public hearing ..• . • =tqw. : . . ... • Sec. 110-31. .Reconsideration of rezonings, variances, special exceptions or administrative appeals. When a petition for rezoning, variance, special exception or administrative appeal has been acted on by the city council or board of adjustment and was disapproved or failed to pass such petition in the same or substantially similar form shall not be reconsidered by the city council or board of adjustment for a period of two (2) years This section shall not apply to the property owner if the original request was an administrative application initiated by any official department board or agency of the cit awn in n any official capacity. This section shall not apply to any initial petition or petition for reconsideration filed by the city council. City of Cape Canaveral Ordinance No. _-2005 Page 8 of 27 (DRAFT 5-19-05) Sec. 110-32. Decisions. Expiration of variance or special exception; abandonment. Lal Any variance or special exception approved by the board of adjustment pursuant to this article shall expire 12 months after the effective date of such approval unless a building permit based upon and incorporating the variance or special expiration is issued by the it within said time period. Upon written request of the property owner, the board of adjustment may extend the expiration date, without public hearing by an additional 12 -month period provided the property owner demonstrates good cause for the extension. Such request shall be submitted to the board of adjustment prior to the expiration of the first 12-monthep riod In addition, if the aforementioned building �permit is timely issued and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months the variance or special exception shall be deemed expired and null and void. Thereafter, a variance or special exception shall expire and become null and void if the use ?ranted thereunder is abandoned or otherwise ceases to exist for a period of 18 consecutive months. As used herein, abandoned shall mean that the applicant has gone out of business, let all business licenses lapse or has otherwise changed the use of the property in conformance with this Code. Once a variance or special exception has lapsed due to abandonment, the applicant must resubmit its request for variance or special exception pursuant to this article. City of Cape Canaveral Ordinance No. _-2005 Page 9 of 27 .. III IN LUJINEWIr,.. :..RK1,1111r.4 . :. Ito It I or. WAS Nor. .. 9.1118 City of Cape Canaveral Ordinance No. _-2005 Page 9 of 27 (DRAFT 5-19-05) IN IMP t t" 0 1 MNI I r. 11 A 111.1111 LWVl" -7 -y- A Q'M K@Jl R -AA" 1NI-M. 11 L'AR61 M" M L.19 90 11 R.2 01mat"R."1011210 .. Sec. 110-33. Reconsideration of adiminishati special exception or, Appellate review. Any party aggrieved by any final decision of the city council or board of adjustment made under this chapter shall have the right to file an appropriate action in a court of competent jurisdiction. DIVISION 2. REZONINGS Sec. 110-34. . Rezoning applicant obligations. Laa,Z Any of the following may file an application for rezoning_ requesting that the sections restrictions and boundaries set forth in this chapter be amended, supplemented, changed or re ep aled: L1,Z Any person or entity. (a The city council. The planning and zoningboard. oard• (41 The city manager. Q& Rezoning applications shall be submitted at least 30 days prior to the planning and zoning board meeting at which such application is to be considered. -... .. . . . . . . . .. . . . :. . ... RVIVIVI I 9A WWI.. ILIA I Is . • pop" mi .. .11 -MKII 0 0 LIS r,- I Iff-,- KIN -I • - A I . A R: A City of Cape Canaveral Ordinance No. _-2005 Page 10 of 27 (DRAFT 5-19-05) _ .. .: • : : PRIOR : :. ILVIRP(Illl I IN, :Now : . - _ .. .: • : : PRIOR : :. Sec. 110-35. . Procedure. Lal The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city council. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. QA Upon receipt of the planning and zoning boards's recommendation, the city council shall make a final decision on the application. If the city council determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city council may, at its discretion, consider an application without the planning and zoning board's recommendation. Lc,2 All rezoning applications shall be reviewed for compliance with the following standards: al The proposed rezoning change is in compliance with all procedural requirements established by the city code and law; 221 The proposed rezoning change is consistent with the city's comprehensive plan including, but not limited to, the Future Land Use Map and the proposed change City of Cape Canaveral Ordinance No. _-2005 Page 11 of 27 ILVIRP(Illl stull: .. : ... .0.15 r. I 10 11 r.0A-21I 0 11 imilliluis. IVA 161.1 Il1t%11ltWIILVJI1 Sec. 110-35. . Procedure. Lal The planning and zoning board shall be required to review all rezoning applications and make a written recommendation to the city council. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable rezoning criteria set forth in this section. QA Upon receipt of the planning and zoning boards's recommendation, the city council shall make a final decision on the application. If the city council determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city council may, at its discretion, consider an application without the planning and zoning board's recommendation. Lc,2 All rezoning applications shall be reviewed for compliance with the following standards: al The proposed rezoning change is in compliance with all procedural requirements established by the city code and law; 221 The proposed rezoning change is consistent with the city's comprehensive plan including, but not limited to, the Future Land Use Map and the proposed change City of Cape Canaveral Ordinance No. _-2005 Page 11 of 27 (DRAFT 5-19-05) would not have an adverse effect on the comprehensive plan,• The proposed rezoning change is consistent with any master plan applicable to the property, The proposed rezoning change is not contrary to the land useatp tern established by the city's comprehensive plan; (a The proposed rezoning change would not create a spot zone prohibited by law-, 01 The proposed rezoning change would not materially alter the population density pattern in a manner that would overtax the load on public facilities and services such as schools, utilities, streets, and other municipal services and infrastructure; GI The proposed rezoning would not result in existing zoning district boundaries that are illogically drawn in relation to existing conditions on the property and the surrounding area and the land use pattern established by the city's comprehensive plan; ta Changed or changing conditions make the proposed rezoning necessary. f The proposed rezoning change will not seriously reduce light or air to adjacent areas; 10 Should the city be presented with competent substantial evidence indicating that property values will be adversely affected by the proposed rezoning the applicant must demonstrate that the proposed rezoning change will not adverse affect property values in the surrounding area; LLIJ The proposed rezoning will not be a substantial detriment to the future improvement or development of vacant adjacent property; L122 The proposed rezoning will not constitute a grant of special Privilege to an individual owner as contrasted with the public welfare; LL31 The proposed rezoning hange is not out of scale or incompatible with the needs of the neighborhood or the city; 14 The proposed rezoning does not violate any applicable land use regulations adopted by the city. City of Cape Canaveral Ordinance No. _-2005 Page 12 of 27 (DRAFT 5-19-05) In approving a change in the zoning classification on a lot or parcel of land at the request of or with the concurrence of the owner(s) of said lotor parcel the city council may approve a rezoning subject to restrictions provided such restrictions do not confer any special privilege upon the owner(s) or subject property that would otherwise be denied by the cIj y land development regulations in the same zoning district. Such restrictions may include one or more of the following: a Use restrictions greater than those otherwise specified for that particular district; U1 Density restrictions greater than those otherwise specified for the particular district, Setbacks greater than those otherwise specified for the particular district including setbacks from lakes and major arterial roadways• L41 Height limits more restrictive than otherwise permitted in the district,• Minimum lot areas or minimum widths greater than otherwise specified for the particular district; Minimum floor area greater than otherwise specified for structures in the particular district; (a Open space requirements greater than otherwise specified for structures in the particular district; Parking, loading driveway or traffic requirements more restrictive than otherwise required for the particular district; Fencing or screening requirements greater than otherwise required for the particular district; 10 Restrictions on any other matters which the city council is authorized to regulate. Upon approval of such restrictive rezonings, the city shall enter a reference to the restrictions on the city's official zoning map, and a notice of zoning restrictions shall be recorded in the public records of Brevard County. Restrictions shall run with the land without regard to transfer of ownership or other interests, and may be removed only upon further amendment to the zoning classification of the subject property in accordance with the procedures prescribed herein. City of Cape Canaveral Ordinance No. _-2005 Page 13 of 27 (DRAFT 5-19-05) DIVISION 3. VARIANCES Sec. 110-36. reserved. Variance applicant obligations. Laa,Z Any of the following may file a variance application requesting variance from this chapter for their real property al The owner(s) of the property described in the application. al Tenants, with the owner's sworn consent. Duly authorized agents of the owners of the property evidenced by a written power of attorney. (41 The city council. 01 The planning and zoning board. The city manager. Variance applications shall be submitted at least 30 days prior to the planning and zoning board meeting at which such application is to be considered. Sec. 110-37. Reserved.. Procedure. Cal The planning and zoning board shall be required to review all variance applications and make a written recommendation to the board of adjustment. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the gpplicable variance criteria set forth in this section. LhI Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall make a final decision on the application. City of Cape Canaveral Ordinance No. _-2005 Page 14 of 27 . . . I 111. . 11 1 111111 1 . 111111 1 11 11 1 . 1 1 1 .. . . . . . u . . W .: .. :u - DIVISION 3. VARIANCES Sec. 110-36. reserved. Variance applicant obligations. Laa,Z Any of the following may file a variance application requesting variance from this chapter for their real property al The owner(s) of the property described in the application. al Tenants, with the owner's sworn consent. Duly authorized agents of the owners of the property evidenced by a written power of attorney. (41 The city council. 01 The planning and zoning board. The city manager. Variance applications shall be submitted at least 30 days prior to the planning and zoning board meeting at which such application is to be considered. Sec. 110-37. Reserved.. Procedure. Cal The planning and zoning board shall be required to review all variance applications and make a written recommendation to the board of adjustment. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the gpplicable variance criteria set forth in this section. LhI Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall make a final decision on the application. City of Cape Canaveral Ordinance No. _-2005 Page 14 of 27 (DRAFT 5-19-05) LcI All variance recommendations and final decisions shall be based on an affirmative finding as to each of the following criterion: La That special conditions and circumstances exist which are peculiar to the land structure or building involved and which are not applicable to other lands, buildings or structures in the same zoning district. al That literal interpretation of this chapter would deprive the applicant of rights commonlyeenj oyed b other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant. La That the special conditions and circumstances referred to in subsection (e)(1) of this section do not result from the actions of the applicant. a That approval of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district. (a That the requested variance is the minimum variance from this chapter necessary to make possible the reasonable use of the land, building or structure. (, That approval of the variance will be in harmony with the general intent and purpose of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. (L Under no circumstances shall the board of adjustment grant a variance to permit a use note�y or by special exception permitted in the district involved or any use expressly or by implication prohibited by this chapter. DIVISION 4. SPECIAL EXCEPTIONS Section 110-38. Reserved. Special exception applicant obligations. Lal Any of the following may file a special exception application requesting a special exception from this chapter for their real property; al The owners of the property described in the application. Tenants, with the owner's sworn consent. La Duly authorized agents of the owner(s) of the property evidenced by a written power of attorney_ City of Cape Canaveral Ordinance No. _-2005 Page 15 of 27 (DRAFT 5-19-05) (41 The city council. ta The planning and zoning board. The city manager. (l& Special exception applications shall be submitted at least 30 days prior to the planning and zoning board meeting at which such application is to be considered. Lc,2 In addition to the application requirements set forth in this article, special exception applications shall indicate the section of this code under which the special exce tion is sought and state the grounds upon which the special exception is sought. Sec. 110-39. Reserved. Procedure. (a) The planning and zoning board shall be required to review all special exception applications and make a written recommendation to the board of adjustment. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable special exception criteria set forth in this section. (b) Upon receipt of the planning and zoning board's recommendation, the board of adjustment shall make a final decision on the application. If the board of adjustment determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the board of adjustment may, at its discretion, consider an application without the planning and zoning board's recommendation. Lcl All special exception recommendations and final decisions shall be based on the following criteria to the extent applicable: ta Whether the applicant has demonstrated the special exception, including its proposed scale and intensity, traffic -generating characteristics, and offsite impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vicinity_ al Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the special exception requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and other similar site plan improvements needed to mitigate against potential adverse impacts of the proposed special exception. City of Cape Canaveral Ordinance No. _-2005 Page 16 of 27 (DRAFT 5-19-05) (a Whether the proposed special exception will have an adverse impact on the local economy, including_eovernmental fiscal impact employment and property values. Whether the proposed special exception will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife open space, noxious and desirable vegetation, and flood hazards. 01 Whether the proposed special exception will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources. & Whether the proposed special exception will have an adverse impact onun blic services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. La Whether the proposed special exception will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood qualitX DIVISION 5. ADMINISTRATIVE APPEALS See. 110-40. Reserved. Administrative appeals. Lai Any final administrative decision reg the enforcement or interpretation of this chapter, where it is alleged there is an error by an administrative official, can be appealed as set forth in this section. Any of the following may seek review of an administrative decision pursuant to this section: ,(a City council; ta Planning and zoningboard; oard; AU person aggrieved or affected by any decision of the building official in the interpretation of any portion of this chapter. (b) Appeals shall be taken within thirty (30) days after such administrative decision is made by filing a written notice of appeal with the building official and the board of adjustment stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the building official shall schedule the appeal before the board of adjustment and transmit all City of Cape Canaveral Ordinance No. _-2005 Page 17 of 27 (DRAFT 5-19-05) documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. Lcj The board of adjustment shall be required to review all administrative appeals and prepare written findings constituting its final decision on the administrative appeal based on the criteria set forth in this section. Review of administrative decisions shall be based on the following criteria: Whether the applicant was properly afforded procedural due rocess• Whether the decision under review is supported by competent substantial evidence; and to Whether the decision under review complied with applicable law, including a proper interpretation of any provision under this chapter. Lei An administrative appeal filed pursuant to this section stays all proceedings in furtherance of the action appealed from, unless the building official from whom the appeal is taken certifies in writing to the board of adjustment after the notice of appeal is filed that because of facts stated in the certificate, a stay would in the building official's opinion cause imminent peril to life and property. In such case where the building official makes such certification, proceedings shall not be stayed other than by an injunction which may be granted by the board of adjustment or issued by a court of competent jurisdiction. ft The board of adjustment shall have the right to reverse or affirm, wholly or in part or matey the order, requirement, decision or determination as ought to be made and to that end, shall have all the powers of the officers from whom the appeal is taken. The concurring vote of four (4) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the building official. Secs. 110-41--110-45. Reserved. Sec. 110-46. . Reserved. City of Cape Canaveral Ordinance No. _-2005 Page 18 of 27 (DRAFT 5-19-05) WILIANIM-M.Im MINIM 91-M @is .... .. .: .In :....-K-1.10191"31.. mppqplwljwww .. .... .. , OVA.. =.• .. ... W- .. .... .. . ;, . ... City of Cape Canaveral Ordinance No. _-2005 Page 19 of 27 (DRAFT 5-19-05) Sec. 110-47. . Reserved. Navas ift"Mili litivmlblg t"I ME Evil I INV4.1111 ILIA 9 11111191-1111 LVIK-214 III REMIN L"a-11,119JI1112 194,19in-Allir. lit"I OEM I JIM mupwww -is ..11110 .NINE . • :.. :. figs NI go EMIR ".1.111.4 9 U1 jq Mina iIII ... ... um City of Cape Canaveral Ordinance No. _-2005 Page 20 of 27 (DRAFT 5-19-05) Sec. 110-48. Expiration.. Reserved. WR IMMIR- Dole Zvi I1wVj or. RDA twill�imut�VA L-91 a:. We is is I MEN a � ppppo I oil 11".1 a nom�on viotlim MEN L.11 9110MIAIVILWAIIIII. to Ito 11110 1 It pq ,JW-qllL 811111101511. Sec. 110-48. Expiration.. Reserved. WR IMMIR- Dole .• I1wVj or. RDA twill�imut�VA L-91 a:. We is is I MEN a � ppppo I oil 11".1 a - - xivimRwjm .111, L11,1111% Secs. 110-49--110-60. Reserved. Sec. 110-61. Variances Reserved. Sec. 110-62. Reserved. ... .• I1wVj or. RDA twill�imut�VA L-91 a:. City of Cape Canaveral Ordinance No. _-2005 Page 21 of 27 (DRAFT 5-19-05) .w.w.A. wAwAF.r•w,ww� • . • ■ . r :. ■ • . Nato now ■ • City of Cape Canaveral Ordinance No. _-2005 Page 22 of 27 (DRAFT 5-19-05) ■ : :..: M-11gaii ■ go Pon MINN • : : . :: . - - . ::: - r • .I,Z�mfjm Me - IN : w r�iwwF�� 4 1101,111 NILE W.Tm1Lft%4R r. ltgN7019MULOJINLIAN III IWAII INEMRIIP.U"Iri I BAR*] NONNI LVI NEVA I ELSE NINlete2sawle • • • • •IUMLLME• ■ , r • • ■1.111.11. r■: &I agimr.to Igo town 11-j"Wil 11111111 11 111 1 1 • • r , • • • &VI IN Kiwi upituiama Its 6 Sees. 110-63--110-85. Reserved. City of Cape Canaveral Ordinance No. _-2005 Page 23 of 27 (DRAFT 5-19-05) ARTICLE III. ADMINISTRATION AND ENFORCEMENT Sec. 110-136. Authority. Reserved. ... jjV B "91.. Sec. 110-137. Procedure. Reserved. City of Cape Canaveral Ordinance No. _-2005 Page 24 of 27 (DRAFT 5-19-05) u��ni■rl■.■.z�•�.ui��anea•��.n�.rlu.Rnrl��.r..�.�a�nii�s• ■ ■ • •t I �VJ ON.1 WLi • IS • • 1 1 • - ■ r • ■ - • : • • - NINO 11-41 • • 1 - 1 1 1 viormameiguini• 1 • • . • • - • • • .• • • - - - • ■ RIM■ 9 5 0 Raw sees in NEON I tja 9111! 10A ItIM ILVIINLIt-BIr-.P%,NolL-1" 1 ' 1 1 • 1 INIZ41LIA-i Bali or. met INN I I • : • •lm 1mania• in is • lot 1 ■ • 1 - . - IN • 1 • u��ni■rl■.■.z�•�.ui��anea•��.n�.rlu.Rnrl��.r..�.�a�nii�s• ■ ■ • •t I �VJ ON.1 WLi • IS • • 1 1 • - ■ r • ■ - • : • • - NINO 11-41 • • 1 - 1 1 1 viormameiguini• 1 • • . • • - • • • .• • • - - - • ■ RIM■ 9 5 0 Raw sees in NEON I tja 9111! 10A ItIM ILVIINLIt-BIr-.P%,NolL-1" 1 ' 1 1 • 1 INIZ41LIA-i Bali or. met INN I I • : • •lm 1mania• in is • 1 • • • 1 ■ • 1 - . - IN • 1 • ■ ■ 1 • • • : •jw-lq Its molt 411ILMIP.41111111WArdl• . ■ r OR at an WA let0491.1.im WAVJ I I 10 &%�M- - • M / EL / / : 1 1 1 /a- .19 / • • 1 / / •la I•■ City of Cape Canaveral Ordinance No. _-2005 Page 25 of 27 (DRAFT 5-19-05) ... •14 1 802411MIN Will M 51910 11 to r' move MAWAWAAWK .. Sec. 110-138. . Reserved. .. ketsidil ... .: .....own Sec. 110-139. Reconsideration of district boundary changes. Reserved. Secs. 110-140--110-160. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No. _-2005 Page 26 of 27 Iloilo lmr.Ti 111 0 11".1m .. • .. ., sell Wit Secs. 110-140--110-160. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No. _-2005 Page 26 of 27 (DRAFT 5-19-05) Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 52005. [SIGNATURE PAGE FOLLOWS] ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Rocky Randels Buzz Petsos Steve Miller City of Cape Canaveral Ordinance No. _-2005 Page 27 of 27 Against