HomeMy WebLinkAboutPacket 10-18-2011 RegularCALL TO ORDER:
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4AVERAL LIBRARY MEETING ROOZ
Cape Canaveral, Florida
Tuesday
October 18, 2011
7:00 PM I
Recognition of Brevard County Sheriffs Office, 2010 Cape Canaveral C.O.P.
Volunteer of the Year Charlie Grimmi.
Proclamation Designating the Week of October 16 - 22, 2011 as Florida City
Government Week,
"Pw lieu Nii cru
City Attorney
7:30 p.m. — 7.45 p.m.
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the ';'Audience to Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items, and act upon them in
the future.
105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone (32 () 868-1220 Fax: (321) 868-1248
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City of Cape Canaveral,, Florida
City Council Meeting
October 18, 2011
Page 2 of 3
1 Approve Minutes for Special City Council Meeting of September 6, 20V,
and Regular City Council Meeting of September 20, 2011 i
2, Approve Resolution No. 20111-18Reappointing Members, Walter M
Godfrey, Jr., Ralph S. Lotspeich, Jr. and Raymond Viens, to the Cod
Enforcement Board of the City of Cape Canaveral, Florida-, providing f
an effective date.
3, Approve Resolution No. 2011-25; Reappointing Member, Stephani%t
Robinson, to the Recreation Board of the City of Cape Canaveral, Florida;
providing for an effective date.
4. Approve Resolution No. 2011-28; Formally dissolving the Charter Review
Committee; providing for the repeal of prior inconsistent Resolutions,
severability, and an effective date.
7:50 p.m� — 8:15 p.m.
5Approve Ordinance 06-2011, Amending Chapter 1101 of the Code
Ordinances related to Pain Management Dinics- providing that Pai
Management Clinics may be permitted as Special Exceptions in the C
and C-2 zoning districts,- amending definitions; providing for supplement -
district regulations applicable to Pain Management Clinics; providing Pal i
Management Clinic Special Exception revocation procedures; providin
I
for the repeal of prior inconsistent Ordinances and Resolutioni
incorporation into the Code; severabty; and an effective date.
& Approve Ordinance No. 09-2011, amending the City Code regarding
consideration of matters before the City Council in furtherance of ensuring
efficient, effective and decorous meetings-, establishing a Code of Conduct
for City Council! Members; providing for the repeal of prior inconsistent
Ordinances and Resolutions; incorporation into the Code; severability; and
an effective date.
7. Approve Ordinance No. 10-2011, Adopting a new Chapter 3,6 of the City
Code to be entitled "Fair Housing;" providing for a declaration of policy to
prohibit discrimination in housing on the basis of race, color, ancestry,
national origin, religion, sex, marital status, familial status, handicap or
age; providing definitions; designating; as unlawful certain discriminatory
practices in the sale oousing, as well as in advertising in
coininecti:on therewith, in the financing of hous,ing, and in brokerage
services related o exceptions, providing for an administrator to be
designated by the, City of Cape Canaveral and prescribing the general
City of Cape Canaveral, Florida
City Council Meeting
October 18, 2011
Page 3 of 3
powers and duties of such administrator, prescribing action upon a
determination of probable cause, and authorizing the promulgation 71'
forms and regulations; making provisions for the filing of complaints and
responses thereto;, and the processing thereof by the administrator;
providing for additional remedies; providing for prohibiting untruthful
cIN" plaints or false testimony, providing for penalties for violation of such
Code; providing for the repeal of prior inconsistent Ordinances and
Resolut�ion�; incorporation into the Code; severability and an effective date.
8. Approve Ordinance No. 11-2011 � providing for a Referendum Election and
Ballot Langul,age for the january 3,1, 2012 Special ' Election; providing a
referendum question proposing a revision to Section 2,016(c) of the City
Charter related to filling vacancies on the City Council; providing for a
notice of City of Cape Canaveral Charter Referendum Question; providing
for coordination with the Supervisor of Elections; providing for severability,
and an effective date.
011111�ikyj
10. Council,
Wr*111"zign
Pursuant to Section 286.010 5, Floiida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
OATH OF OFFICE
I, John Bond, 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:
Angela M. Apperson, MMC
CITY CLERK
Oath administered by:
Anthony A. Garganese
CITY ATTORNEY
on this 18th day of October 2011
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/201
Item No. Prese�
...._ ....... _ ......... __ _._._. . _ ...... .. Subject: Recognition of Brevard County Sheriffs Office, 2010 Cape Canaveral C.O.P.
Volunteer of the Year Charlie Grimm.
Department: County Sheriffs Office Cape Canaveral Precinct
e artment .. Brevard C........... ... ....____..... ......... ......... _ ......................................... ..... . ...._. .........
Summary:
During 2010, Cape Canaveral C.O.P. Volunteer Charlie Grimm logged 1,808 volunteer
hours at the Cape Canaveral Precinct; this is an average of 35 hours per week. Mr.
Grimm patrolled 8,441 miles in the City; this is an average of over 700 miles a month.
He assisted with many City sponsored events including Camp Chance, Art of Sand,
Chili Cook Off, National Night Out, 5K Reindeer Run and every Friday Fest. In 2010,
the Cape Canaveral C.O.P. Volunteers began documenting suspicious persons and
occurrences on "Criminal Activity Forms". As a direct result from one of Mr. Grimm's
observations and subsequent documentations, an arrest and property seizure occurred
in the City. Mr. Grimm is always available to assist the Brevard County Sheriff's Office,
the City and its citizens no matter the time of day.
Because of his dedication and commitment, Mr. Charlie Grimm was recognized by the
Brevard County Sheriffs Office as Volunteer of the Year for 2010.
Submitted b� Sgt. Scott Pikus ...... bN�e Date 09/19/2011
Attachments: Memos of 1/10/2011 and 01/11/2011
.. ...__ . .. _ ........ . . ...... ......... .....__ ....... _. ..._................................... __..................................
Financial Impact: None
y Andrea Bowers Date
.. ._ ......... .... .. ...... ......... ....... ...... ... _....
The ICity Manager recommends that City Council take the following action(s):
Recognize Mr. Charlie Grimm as 2010 Cape Canaveral C.O.P. Volunteer of the Year.
Approved by City Manager: David L ...Greene _ Date_ m 7L1i
...._
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain ....'.
BREVARD COUNTY SHERIFF'S OFFICE
Date: 01/10/2011
Titusville, Florida
Memorandum
To: Commander Alan Moros
From: Sergeant Scott Pikus IhR
Re: Cape Canaveral C.O.P. 2010 Recap
Cape Canaveral Precinct currently has five active C.O.P. Volunteers, Jack Childs, Charlie
Grimm, Bill Hansen, Gary Moseman, and Jerry Abrams. Gary started in September and
Jerry transferred to Canaveral in November of this year. Mike Cota and Bill'Suiter were
also C.O.P. volunteers in Canaveral but both resigned midway through the year for health
reasons.
The Canaveral C.O.P. Volunteers this year were involved with every City sponsored
event to include the Annual Easter Egg Hunt, Art of Sand Festival, Senior Health Fair,
Children's Health Fair, Canaveral Chili Cook Off, National Night Out, 5K Reindeer Run,
and every Friday Fest. The Canaveral C.O.P. Volunteers also assisted other precincts and
cities with their special events to include Camp Chance, the Cocoa Beach Air Show, and
the Jetty Park Publix 5K Cancer Run.
Likewise, the Canaveral C.O.P. Volunteers are responsible for the Cape Canaveral Radar
trailer that is strategically located along the roadways in Canaveral. They also move
'spare marked patrol cars around the city giving the public an appearance that a deputy is
monitoring traffic.
Equally, the Canaveral C.O.P. Volunteers have proven to be a valuable asset to the
Brevard County Sheriff's Office as well as to the City of Cape Canaveral. In 2010 they
began documenting on "Criminal Activity Forms" suspicious persons and occurrences.
Directly resulting from these observations and subsequent documentations, arrests and
property seizures occurred in the City of Cape Canaveral.
The following is an individual and unit recap of their hours and miles patrolled in the City
of Cape Canaveral and Avon by the Sea:
Jack Childs
Hours Patrol: 882, Hours Special Details: 221, Hours Training: 16, Patrol Miles: 5,314
Jack Parker, Sheriff
www.BrevardSheriff.com
OPS 16 02/2009
Charlie Grimm
Hours Patrol: 1,234, Hours Special Details: 547, Hours Training: 27, Patrol Miles: 8,441
Bill Hansen
Hours Patrol: 230, Hours Special Details: 284, Hours Training: 14, Patrol Miles: 2,100
Gary Moseman
Hours Patrol: 228, Hours Special Details: 136, Hours Training: 04, Patrol Miles: 2,467
Jerry Abrams
Hours Patrol: 72, Hours Special Details: 48, Hours Training: 00, Patrol Miles: 525
Mike Cota
Hours Patrol: 143, Hours Special Details: 75, Hours Training: 62
Bill Suiter
Hours Patrol: 04, Hours Special Details: 10, Hours Training: 04
Dan Hoffman was a volunteer for the first five months of 2011. Dan put in 557 hours of
volunteer time.
Total hours C.O.P. Patrol: 2,793
Total hours C.O.P. Special Details: 1,341
Total hours C.O.P. Training: 123
Total Cape Canaveral C.O.P. Volunteer Hours for 2011: 4,257
Total Cape Canaveral C.O.P. miles patrolled: 18,874
Total C.O.P. Volunteer Hours plus Dan Hoffman's Volunteer Hours is a total of.
4,814
If the Volunteers were compensated at the rate that BCSO starts out an entry-level
position of a Public Service Aide ($9.65 an hour or $20,072 a year), the cost would have
been $46.455.10 to compensate the Volunteers for their time worked. This is quite a
savings to the Citizens of Cape Canaveral.
The Cape Canaveral C.O.P. Volunteers time spent patrolling, observing, and assisting
with City events has confirmed how valuable the C.O.P. program is in the City Of Cape
Canav&al.
2011 Goals: The goals of Cape Canaveral C.O.P. program are to keep growing by adding
new volunteers (two new volunteers are currently being processed). To secure a third
C.O.P. patrol vehicle for the Cape Canaveral volunteers. And most of all, to continue a
professional volunteer service for the City and the Citizens of Cape Canaveral.
J. R. "Jack" Parker, Sheriff
Charlie has attended every event the Canaveral C.O.P. Unit was involved in, in 2010. He
spent many long hot days at Camp Chance as well as the month long Art of Sand Festival.
Charlie stood a traffic post at the Cocoa Beach Air Show and was out before sunrise to
set up lighting at the Canaveral 5K Reindeer Run. On Canaveral's monthly Friday Fest
days, Charlie will come out at 0530 to patrol, in the afternoon help set up lighting, and
then man the C.O.P. tent at the festival. On top of all this, he stays until after the festival
is over to turn off the lighting and this is usually sometime around 11:00 at night.
In 2010 the Canaveral C.O.P. Volunteers began documenting on "Criminal Activity
Forms" suspicious persons and occurrences. Directly resulting from one of Charlie's
observations and subsequent documentations, an arrest and property seizures occurred in
the City of Cape Canaveral.
In summation, all of the Cape Canaveral C.O.P. Volunteers are equally valuable.
Commander Alan Moros made the statement that he is extremely impressed and very
appreciative of the efforts and the accomplishments of all of the Cape Canaveral C.O.P.
Volunteers. I totally agree with Commander Moros, but, I have found Charlie Grimm to
be my right hand man who is always available to assist the Brevard County Sheriff's
Office, the City of Cape Canaveral and it's Citizens, no matter the time of day or the day
of the week.
For the above stated reasons I respectfully request that Cape Canaveral C.O.P. Volunteer
Mr. Charlie Grimm be considered for the Brevard County Sheriff's Office Volunteer of
the Year Award.
Thank you for your time and consideration in this matter.
Enclosed: Cape Canaveral C.O.P. Volunteers 2010 Recap
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J. A "Jack" Parker, Sheriff
146
BREvmw COUNTY SHERIFF'S OFFICE
Titusville, Florida
Date: 01/11/2011
Memorandum
To: Awards Committee via Chain of Command
From: Sergeant Scott Pikus V
Re: Recommendation for Volunteer of the Year,
Cape Canaveral C.O.P. Volunteer, Mr. Charlie Grimm
The Cape Canaveral Precinct currently has five C.O.P. Volunteers that perform an
extraordinary service for the Brevard County Sheriff's Office and the Citizens of Cape
Canaveral. As a unit, they were involved with every City of Canaveral sponsored event
to include the Annual Easter Egg Hunt, Art of Sand Festival, Senior Health Fair,
Children's Health Fair, Canaveral Chili Cook Off, National Night Out, 5K Reindeer Run,
and every Cape Canaveral Friday Festival. The Canaveral C.O.P. Volunteers also
assisted other precincts and cities with their special events to include Camp Chance, the
Cocoa Beach Air Show, and the Jetty Park Publix 5K Cancer Run.
Likewise, the Canaveral C.O.P. Volunteers are responsible for the Cape Canaveral Radar
trailer that is strategically located along the roadways in Canaveral. They also move
spare marked patrol cars around the city giving the public an appearance that a deputy is
monitoring traffic
While all together as a Unit they do an incredible job, one Cape Canaveral C.O.P. stands
out above the rest, and that is Mr. Charlie Grimm. Charlie was a full time Corrections
Officer with the Brevard County Sheriff's Office for 18 years before he retired at age 62.
After a few years of retirement, Charlie, a resident of Cape Canaveral, decided to
volunteer his spare time with the Cape Canaveral C.O.P. program. Charlie's spare time is
almost that of a full time job. In 2010 Charlie logged in 1,808 volunteer hours and that is
an average of 35 hours a week.
In addition, Charlie has patrolled 8,441 miles in the City of Cape Canaveral. This is an
average of over 700 miles a month. That is quite a bit of coverage for a two square mile
area.
Jack Parker, Sheriff
www.BrevardSheriff.com
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Proclamation
Subject: Proclamation Designating the Week of October 16-,--22-'--,-2-0" 11 as Florida City
Government Week.
Department Legislative
Summa Florida Cit Government Week runs .._.m..... . m.. . 1 _.._ ...._...
2011. he Florida League of Cities g g
....
from October 16 through October 22,
g encourages every city to take an active part in
promoting itself through civic education by speaking to schools and civic groups,
hosting open houses at their city halls or reaching out to civic clubs and community
organizations to explain their city structure and function.
Following tradition, the City of Cape Canaveral is issuing a Proclamation supporting
Florida City Government Week. Additionally, Cape View Elementary is working with the
City Clerk's Office to coordinate activities for students including participation in the
Brevard County Solid Waste Management Department Recycling Education Program
with RC, the "Recycling Cat" (Mayor Randels) at the school; a visit to the Cape
Canaveral Fire Rescue Station at Port Canaveral; and field trips to Port Canaveral, the
Port Authority and the Brevard County Courthouse.
Submitting Department Director Angela Apperson
.._ ........_.._ _._ .... ........ _.._.........
Attachment: Proclamation
Financia.... ......... ............ ........ .............. _. _. _ ..............
(Impact None.
Reviewed by Finance Director: Andrea Bowers
The City Manager recommends that City Council
_..
.. y ..... y M....... _Greene _........
City Council Action: �[ ] Approved as
Approved e it Manager: Davi
Recommended
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Date: 10/10/2011
Date; 10110
following act on(
s).
_. Date:I ...®_..L`
[ ] Disapproved
WHEREAS, City government is the government closest to most citizens, and the one
with the most direct daily impact upon its residents; and
WHEREAS, City government is administered for and by its citizens, and is dependent
upon public commitment to and understanding of its many responsibilities; and
WHEREAS, City government officials and employees share the responsibility to pass
along their understanding of public services and their benefits; and
WHEREAS, Florida City Government Week is a very important time to recognize the
important role played by city government in our lives; and
WHEREAS, this week offers an important opportunity to spread the word to all citizens
of Florida that they can shape and influence this branch of government which is closest to the
people; and
WHEREAS, the Florida League of Cities, and its member cities have joined together to
teach students and other citizens about municipal government through a variety of different
projects and information; and
WHEREAS, Florida City Government Week offers an opportunity to convey to all the
citizens of Florida that they can shape and influence government through their civic involvement.
NOW, THEREFORE, I, Rocky Randels, Mayor, of the City of Cape Canaveral, Brevard
County, Florida, do hereby proclaim that the week of October 16 — 22, 2011 be designated as
and that the City of Cape Canaveral does encourage all citizens, city government officials and
employees to do everything possible to ensure that this week is recognized and celebrated
accordingly and that the City will encourage educational partnerships between City government
and schools.
ki
CITY COUNCIL SPECIAL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 6, 2011
5:30 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 5:30 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Mayor
Council Member
Council Members Absent:
Council Member
Others Present:
City Manager
Assistant City Attorney
Parks and Recreation Director
Assistant Public Works Director
Building Official
Planning and Development Director
Brevard County Sheriff Lieutenant
Cape Canaveral Volunteer Fire Dept
City Treasurer
City Clerk
RESOLUTION:
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Jim Morgan
Assistant Chief
David L. Greene
Kate Latorre
Robert Lefever
Jeff Ratliff
Todd Morley
Barry Brown
Alex Herrera
John Cunningham
Andrea Bowers
Angela Apperson
1. Approve Resolution No. 2011-07• Relating to the Naming of the Island upon
which Cape Canaveral, Cocoa Beach, Satellite Beach Indian Harbour Beach
Melbourne, Indialantic, and Melbourne Beach as well as portions of unincorporated
Brevard County and Patrick Air Force Base are located: making findings; approving the
naming of said Island as Ponce De Leon Island; asking other Governmental entities to
concur in the naming: Assistant City Attorney Latorre read the title of the Resolution
into the record. Mr. Samuel Lopez explained a national celebration will take place in
City of Cape Canaveral, Florida
City Council Special Meeting
September 6, 2011
Page 2 of 3
2013 to honor the 500th anniversary of the landing of Don Juan Ponce de Leon. The
City of Melbourne Beach will be the host City for the King and Queen of Spain. He
referred to work done by the Secretary of State, the Office of the Governor and
explained the proposal for a 1.9 million dollar research center that is proposed to be
built. He explained the details of the celebration plans and the purpose for the
Resolution to name the barrier island. Teresa Lopez encouraged the passage of the
Resolution. Rafael Picou, sculptor of the Ponce de Leon statue, explained the
importance of Brevard County in the birth of the Nation and encouraged the passage of
the Resolution. Joe Morgan, Chairman of the Brevard County Historical Commission,
explained the actions of the Commission in reviewing the proposal of the naming of the
island and encouraged the passage of the Resolution. City Historian Ray Osborne
explained he received 15 responses to his survey and the opinions varied. He noted his
support of these efforts. Discussion ensued and included: the position of Volusia
County and St. Augustine; that there are no other proposals for the naming of the
barrier island; and the actual naming of the island is accomplished by the U.S. Board on
Geographic Names. Motion by Council Member Petsos, seconded by Mayor
Randels, for approval of Resolution 2011-07. Mr. Frank Kuhn objected to the
passing of this Resolution and urged for the island to be named after a Native American
Indian Tribe. Shannon Roberts spoke in favor of the Resolution. Discussion resumed
and included: whether Ponce de Leon murdered Native American Indians, the desire of
the Centennial Celebration Committee to have nationalities bond together; the
conflicting historical reports; the ship's logs and the inability to know what is the truth.
The motion failed 2-2 with voting as follows: Mayor Pro Tem Hoog, Against; Mr.
Morgan, Absent Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, Against.
RESOLUTION: Public Hearing:
2. Approve Resolution No. 2011-13, a Resolution of the City of Cape Canaveral
Adopting a Combined Rate of 4.0739 Mills for FY 2011/12: Assistant City Attorney
Latorre read the title of the Resolution into the record. Mayor Randels reviewed the
millage rate. Motion was made by Council Member Petsos, seconded by Council
Member Walsh, for approval of Resolution 2011-13. The Public Hearing was
opened and Ms. Gay Clark asked why her taxes are going up so much. Mayor Randels
indicated Cape Canaveral millage rate is not increasing; however, if your property value
has increased due to the Homestead equity provision, your taxes would go up. He also
indicated Cape Canaveral is a small portion of the overall tax bill and increases from the
County and the School Board would raise the overall payment. The Public Hearing was
closed. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For;
Mr. Morgan, Absent; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
ORDINANCES: First Public Hearing:
3. Approve Ordinance No. 07-2011 Adopting the Proposed Budget for Fiscal Year
2011/12: Assistant City Attorney Latorre read the title of the Ordinance into the record.
Mayor Randels indicated the total budget for the next fiscal year is $13,061,800, which
City of Cape Canaveral, Florida
City Council Special Meeting
September 6, 2011
Page 3 of 3
is a 14% reduction from Fiscal Year 2010/11. A motion was made by Mayor Pro Tem
Hoog, seconded by Council Member Walsh, to pass Ordinance 07-2011. The
Public Hearing was opened. Frank Kuhn spoke in opposition to the budget and the
renovation of the Cape Canaveral Precinct, as well as to Ridgewood Avenue. The
Public Hearing was closed. The motion carried 4-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Morgan, Absent Mr. Petsos, For; Mayor Randels, For; and
Ms. Walsh, For.
4. Ordinance No. 08-2011; amending Section 18-3 of The City Code relating to
regulation of weapons during civil emergencies; providing for the repeal of prior
inconsistent Ordinances and Resolutions; incorporation into the Code; severability, and
an effective date: Assistant City Attorney Latorre read the title of the Ordinance into the
record. Mayor Randels explained the actions of the Legislature to pre-empt the City's
authority to regulate firearms. The Public Hearing was opened. No comments were
received and the Public Hearing was closed. A motion was made by Council Member
Petsos, seconded by Mayor Pro Tem Hoog, for approval of Ordinance 08-2011.
The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Morgan, Absent; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
Ray Osborne asked if Resolution 2011-07 would be re -visited in the future. Mayor
Randels indicated a member opposing the motion would have to place the item back on
the agenda for re -consideration. Additional comments were received from Council
Member Walsh and Mayor Pro Tem Hoog as to their reasons for not supporting the
adoption of the Resolution.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 7:00 P.M.
Rocky Randels, MAYOR
Angela M. Apperson, MMC, City Clerk
CITY COUNCIL REGULAR MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 20, 2011
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge
of allegiance.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Mayor
Council Member
Others Present:
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City Manager
David L. Greene
Assistant City Attorney
Kate Latorre
Parks and Recreation Director
Robert Lefever
Assistant Public Works Director
Jeff Ratliff
Building Official
Todd Morley
Planning and Development Director
Barry Brown
Brevard County Sheriff Commander
Alan Moros
Cape Canaveral Volunteer Fire Dept. Assistant Chief
John Cunningham
City Treasurer
Andrea Bowers
City Clerk
Angela Apperson
Mayor Randels expressed sympathy over the passing of Council Member Jim Morgan.
A moment of silence was observed in his memory. Mr. John Morgan shared memories
of his father's love for the City.
REPORTS: None
AUDIENCE TO BE HEARD:
Mr. David Schirtzinger spoke about the creation of a dog park. He presented a petition
with approximately 800 signatures encouraging the creation of the Laika Dog Park at
Manatee Sanctuary Park. He indicated this packet was previously given to the Mayor and
the City Manager several weeks ago. Prior actions of the City Council to not spend any
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2011
Page 2 of 7
more time on the project until funds are budgeted were discussed. Mr. Schirtzinger
indicated if the Council would designate the property at Manatee Sanctuary Park for a Dog
Park, private funding efforts could begin. Discussion continued and the item will be
scheduled for further discussion at the October 18, 2011 meeting.
Ms. Shannon Roberts noted a meeting with County Commissioner Nelson. She
conveyed concerns that the installation of parking meters could push the parking of
vehicles to the interior of the City. She shared her concerns that there was never a
workshop on the installation of parking meters and felt the administrative costs are not
known. Ms. Roberts thanked City Manager Greene and Planning and Development
Director Brown for attending the meeting with County Commissioner Nelson. She
explained the City of Cocoa Beach had an interesting way of managing the renewal of
their FPL Contract. They appointed Commissioner Pruitt to lead a Citizens Committee,
who then reported to the full Commission the recommendation to propose a fifteen (15)
year contract, and a buyout provision for the City to take over the electric utility. Ms.
Roberts noted there are currently 33-35 of the 101 street lights in the City out of service.
She indicated it has been more than 30 days since the outage was reported to FPL and
encouraged the City to work with Mr. Sanderson of FPL to get them repaired.
1. Community Development Block Grant Public Hearing and Application
Requirements:
a) Approve Resolution No. 2011-20, Adopting an Affirmative Action Plan, including a
policy relating to the employment of small and minority businesses for use in
administering Community Development Block Grants, and a policy relating to the
employment of minorities by Cape Canaveral;
b) Approve Resolution No. 2011-21, Adopting a Citizen Participation Plan for the
Community Development Block Grant Program of the City;
c) Approve Resolution No. 2011-22, Adopting Complaint and Grievance procedures for
the City's Community Development Block Grant program;
d) Approve Resolution No. 2011-23, Adopting an Anti -Displacement & Relocation
Policy;
e) Approve Ordinance No. 10-2011, Adopting a new Chapter 36 of the City Code to be
entitled "Fair Housing;" providing for a declaration of policy to prohibit discrimination in
housing on the basis of race, color, ancestry, national origin, religion, sex, marital
status, familial status, handicap or age; providing definitions; designating as unlawful
certain discriminatory practices in the sale or rental of housing, as well as in advertising
in connection therewith, in the financing of housing, and in brokerage services related to
exceptions; providing for an administrator to be designated by the City of Cape
Canaveral and prescribing the general powers and duties of such administrator,
prescribing action upon a determination of probable cause, and authorizing the
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2011
Page 3 of 7
promulgation of forms and regulations; making provisions for the filing of complaints and
responses thereto, and the processing thereof by the administrator; providing for
additional remedies; providing for prohibiting untruthful complaints or false testimony;
providing for penalties for violation of such code.
Mayor Randels provided a brief explanation of the item. He indicated all five items will
be considered together. Assistant City Attorney Latorre read the titles of the
Resolutions and the Ordinance into the record. Mr. Fred Fox, Fred Fox Enterprises,
provided further explanation of the process and the grant categories. He also explained
the work to be done should the Council wish to proceed with the application preparation,
the Citizens' Advisory Task Force recommendation and work to be done by Staff, the
developer and his company to prepare an application for Council to consider at a future
meeting. Council Members' questions were responded to by Mr. Fox and City Manager
Greene. The discussion included the City opting out of the County's program, chances
of funding, match money that is needed, the developer's contribution and the costs to
the City to complete the portions of the roadway from the ALF west to Thurm Blvd. The
Public Hearing was opened. Mr. Leo Nicholas asked if any of the funds would be
available for North Atlantic Avenue, to which Mr. Greene indicated the City is only
eligible for the CDBG Funds due to the job creation at the Assisted Living Facility;
however, the City has applied for Space Coast TPO funding for improvements along
North Atlantic Avenue and on Central Blvd from Ridgewood Ave west to Thurm. Al
Visidomini asked if the funding is tied to the employment of local individuals. City
Manager Greene indicated this is geared to be local job creation. Ms. Shannon Roberts
inquired as to the Citizen Participation Board and why the Business and Economic
Development Board is not involved. The Public Hearing was closed. The submission of
a grant application under one of the other categories was discussed. A motion was
made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, to approve
Resolution Numbers 2011-20, 21, 22, 23 and Ordinance No. 10-2011. The motion
carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For;
Mayor Randels, For; and Ms. Walsh, For. City Manager Greene explained the need
for an additional motion regarding the preparation of the application. A motion was
made by Mayor Pro Tem Hoog, seconded by Council Member Walsh, to proceed
with the application. City Manager Greene indicated based upon the public input and
the ideas presented, this is the most viable project available at this time. Mr. Fox
clarified under the other three categories you can only have one grant open at a time
and in economic development you can apply every year, as long as the other projects
are on schedule. The motion carried 4-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For. Mayor
Randels thanked Mr. Ringdahl for proceeding with the construction project.
CONSENT AGENDA:
2. Approve Minutes for Regular City Council Meeting of August 16, 2011:
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2011
Page 4 of 7
3. Approve Resolution No. 2011-12; Reappointing Regular Members Donald Dunn
and Harry Pearson to the Planning and Zoning Board:
4. Approve Resolution No. 2011-17; Reappointing a Regular Member John Bond to
the Board of Adiustment:
5. Approve Resolution No. 2011-24; Reappointing a Regular Member Jean Deck to
the Library Board:
6. Approve Resolution No. 2011-14; Authorizing an Addendum to the Contract for
Fire Protection and Emergency Medical Services Between the City and the Cape
Canaveral Volunteer Fire Department, Inc.:
7. Approve Resolution No. 2011-15; Authorizing an Agreement for Municipal Law
Enforcement Services between the City of Cape Canaveral Florida and J.R. "Jack"
Parker, as Sheriff of Brevard County; providing for an effective date:
8. Approve Resolution No. 2011-19; Authorizing an Agreement between the City of
Cape Canaveral, Board of County Commissioners of Brevard County Florida and the
_Canaveral Port Authority for E911 Dispatchinq Services and Fire and Emergency Medical
Coverage for the county unincorporated area identified in Appendix A and B so as to
better protect the lives and property of its citizens:
9. Approve Annual Extension of the Street Sweeping Services Contract in the Amount
of $8,304.24 with USA Services of Florida, Inc. :
10. Approve Annual Extension of the Fertilization, Insect, Disease Weed Control and
Pest Control Agreement in the Amount of $41,344 with Black's Lawn Care and Pest
Control, Inc.:
11. Approve Annual Extension of Mowing Services Agreement in the Amount of
$178,939.10 with Nick's Lawn Service, Inc.:
12. Approve Traffic Signal Maintenance Interlocal Agreement between Brevard County
and the City of Cape Canaveral:
13. Approve a lien reduction for Case No. 2010-00112, 209 Pierce Avenue, Unit A from
$8,350 to $1,354.86:
Mayor Randels read the title of the items into the record and inquired if any items are to be
removed from the Consent Agenda for discussion. A motion was made by Mayor Pro
Tem Hoog, seconded by Mr. Petsos, to approve Consent Agenda Item Nos. 2-13.
The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2011
Page 5 of 7
RESOLUTION: Public Hearing:
14. Approve Resolution No. 2011-16, a Resolution of the City of Cape Canaveral
Adopting a Combined Rate of 4.0739 Mills for FY 2011/12. Assistant City Attorney
Latorre read the title of the Resolution into the record. The Public Hearing was opened.
Mrs. Marilyn Nicholas noted the prior referenda items approved by the voters for taxes.
She asked how three of them have been combined into one item called General Fund.
City Manager Greene explained under FL Law the City is allowed to levy up to 10 mills
for General Government. However in the recent fiscal years the General Fund has
actually subsidized the Police and Fire Millage. The millages at their caps did not
provide sufficient revenue to operate the Police and Fire Departments. Mr. Greene
indicated the Library Tax stands alone because of the way it was set up as a Special
Dependent District. The Public Hearing was closed. A motion was made by Council
Member Petsos, seconded by Council Member Walsh, for approval of Resolution
2011-16. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog,
For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
ORDINANCE: Second Public Hearing:
15. Approve Ordinance No. 07-2011. Adopting the Proposed Budget for Fiscal Year
2011/12. Assistant City Attorney Latorre read the title of the Ordinance into the record.
The Public Hearing was opened. No comments were received and the Public Hearing
was closed. A motion was made by Mayor Pro Tem Hoog, seconded by Council
Member Petsos, to approve Ordinance No. 07-2011, at the second Public Hearing,
adopting the Proposed Budget for FY 2011/12. The motion carried 4-0 with voting
as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; and
Ms. Walsh, For.
16. Approve Ordinance No. 08-2011; amending Section 18-3 of the City Code
relating to regulation of weapons during civil emergencies; providing for the repeal of
prior inconsistent Ordinances and Resolutions; incorporation into the Code; severability,
and an effective date. Assistant City Attorney Latorre read the title of the Ordinance into
the record. Mayor Randels provided a brief explanation of the Ordinance. A motion
was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog for
approval at second reading of Ordinance 08-2011. The Public Hearing was opened.
An individual who did not identify herself indicated she didn't understand the purpose of
this Ordinance. City Manager Greene and Assistant City Attorney Latorre provided
further explanation. The Public Hearing was closed. The motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels,
For; and Ms. Walsh, For.
ORDINANCES: First Public Hearing:
17. Approve Ordinance 06-2011, Amending Chapter 110 of the Code of Ordinances
related to Pain Management Clinics; providing that Pain Management Clinics may be
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2011
Page 6 of 7 .
permitted as Special Exceptions in the C-1 and C-2 zoning districts; amending definitions;
providing for supplemental district regulations applicable to Pain Management Clinics;
providing Pain Management Clinic Special Exception revocation procedures. Assistant
City Attorney Latorre read the title of the Ordinance into the record. Mayor Randels briefly
explained the purpose of the Ordinance. Mayor Pro Tem Hoog noted the revocation
clause for a Special Exception. Assistant City Attorney Latorre explained there is a County
wide Moratorium for Pain Management Clinics, which is in place until August 2012 and by
passage of this Ordinance, the City is not opting out of the Moratorium, but is making sure
we are ready when the when the Moratorium is lifted. A motion was made by Council
Member Petsos, seconded by Council Member Walsh, for approval of Ordinance 06-
2011. The Public Hearing was opened. No comments were received and the Public
Hearing was closed. The motion carried 4-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Petsos, For; Mayor Randels, For; and Ms. Walsh, For.
18. Ordinance No. 09-2011, amending the City Code regarding consideration of
matters before the City Council in furtherance of ensuring efficient, effective and decorous
meetings; establishing a Code of Conduct for City Council Members; providing for the
repeal of prior inconsistent Ordinances and Resolutions; incorporation into the Code;
severability; and an effective date. Mayor Randels provided an explanation of the
Ordinance. Assistant City Attorney Latorre read the title of the Ordinance into the record.
A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh
for approval of Ordinance 09-2011. The Public Hearing was opened. Council Member
Walsh asked if this Ordinance applies to all Boards and Committees. City Manager
Greene indicated it should be applicable City wide. Assistant City Attorney Latorre
indicated, as written, it does not apply to the Boards and Committee Members; however
this can be added to the Code in a different part of Chapter 2. A consensus was reached
to add this to the upcoming Ordinance for the Board restructuring. Ms. Shannon
Roberts requested to have a deputy present at all the Council Meetings and the
workshops. She noted some discord at a recent Special Meeting both in the meeting
room and in the parking lot. City Manager Greene explained as a matter of course there is
usually a law enforcement officer present; however, the night referred to by Ms. Roberts
there was a shooting that prevented their presence. The Public Hearing was closed. The
motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos,
For; Mayor Randels, For; and Ms. Walsh, For.
REPORTS:
19. Council:
Assistant City Attorney Latorre reviewed the Charter Requirements related to the filling
of vacancies and the need for a Special Election. Discussion ensued and included
costs for the Special Election; whether a mail ballot election could be held; whether
there should be a referenda question to amend the Charter to revise the requirement for
a Special Election; and the process that will be used to appoint an individual to the
vacant seat until a Special Election is held. Consensus was reached to receive
City of Cape Canaveral, Florida
City Council Regular Meeting
September 20, 2011
Page 7 of 7
applications until noon on Friday, September 30th and hold a Special Meeting on
October 4, 2011; where the applications will be considered and, if possible, an
appointment made and to continue to prepare the necessary document for a
Charter Amendment to change the language for filling of a vacancy back to that
of the prior Charter.
Council Member Walsh asked for an update on the Liens procedures. City Manager
Greene indicated Staff is still working on that; however this application was received
prior to the discussion.
Council Member Petsos spoke about 33 street lights are out within the City. City
Manager Greene indicated the problem with 19 of the lights is more than the bulb being
burnt out. Assistant Public Works Director Ratliff explained the outage for the lights
from Church Lane, north to the Port have an electrical issue which is under investigation
by FPL.
ADJOURNMENT:
There being no further business, the Meeting adjourned at 9:03 P.M.
Rocky Randels, MAYOR
Angela M. Apperson, MMC, City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Item No.o�
Sub'ect: A_ ` �. .....�. ...No. ______�.-rs, ...-
� pprove Resolution No. 2011-18; Reappointing Members, Walter P. Godfrey,
Jr., Ralph S. Lotspeich, Jr. and Raymond Viens, to the Code Enforcement Board.
Department: Legislative
Summary: Mr. Godfrey, Mr. Lotspeich and Mr. Viens currently serve on the Code
Enforcement Board with terms that expired October 1, 2011.
The City Clerk's Office received notice of Mr. Godfrey's, Mr. Lotspeich's and Mr. Viens'
desire to continue serving on the Board prompting this Resolution for City Council's
approval for reappointment. Their new terms will expire October 1, 2014.
Submitting Department DirectorAngela M. Apperson _ Date: 920-2011
Attachments:
Resolution
Expiration Letters & email
.. .... ....................... .............. _................. _......... _............ __._..._.............. ............................._ . ......................
Financial Impact: None
q0
Reviewed by City Treasurer: Andrea Bowers Date:,73 If
........................... �............ __.�.._.......... ..........
The City Manager recommends that City Council to e e following action(s):
Approve Resolution No. 2011-18.
Approved by City Manager: _ David L. Greene Date:YdX-! ...................�...m........____�............................._..._.............
City Council Action: [ ] Approved as Recommended [ ] Disapprove
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2011-18
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CODE
ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by
Ordinance No. 22-83 created a Board known as the Code Enforcement Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to Reappoint Members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1. Walter Godfrey, Jr., Ralph Lotspeich, Jr. and Raymond Viens
are hereby reappointed to the Code Enforcement Board of the City of Cape
Canaveral with terms to expire on October 1, 2014.
SECTION 2. This Resolution shall take effect immediately upon its
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
18th day of October, 2011.
Rocky Randels, MAYOR
ATTEST:
Name For Against
Angela M. Apperson, City Clerk Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to Form:
Anthony A. Garganese, City Attorney
Walter P. Godfrey, Jr.
433 Johnson Avenue
Cape Canaveral, FL 32920
Dear Mr. Godfrey:
Your term on the Code Enforcement Board will expire on October 1, 2011. Please
check the box that indicates your desire to serve on the Board for another 3 -year term and
return this notice immediately to your board secretary or the City Clerk using the enclosed
envelope. The resolution to re -appoint you as a Board Member will be scheduled for a
future City Council Meeting Agenda.
�kll"DO wish to be considered for reappointmer!
Sincerely,
0, opp'A'&"
14� L
Angela M. Apperson, MMC
CITY CLERK
Enclosure: SASE
105 Polk Avenue - Past Office Box 326 Cape Canaveral, F'L, 32920-0326
Telephone (321 ) 868-1220 Fax: (321) 868-1248
www.cityofcapecanaveral.org - ernail: info@cityofcapecarraveral.org
Ralph • •
PO Box 11
.p- Canaveral, FL 32920
Dear Mr. Lotspeich:
Your term on the Code Enforcement Board will expire on October 1, 2011. Please
check the box that indicates your desire to serve on the Board for another 3 -year term and
return this notice immediately to your board secretary or the City Clerk using the enclosed
envelope. The resolution to re -appoint you as a Board Member will be scheduled for a
future City Council Meeting Agenda.
y' DO wish to be considered for reappointment.
I DO NOT wish to be considered for reappointment.
,
(Signature)
p
�S. Lotspeic '"Jr., Board Member
Sincerely,
Angela M. Apperson, MMC
CITY CLERK
105 Folk Avenue - Post Office Box 326 Cape Canaveral, FL, 32920-0326
Telephone (321) 868.1220 Fax; (321) 868-1248
www.cityofcapecanaveral.org ® email: info@cityofcapecanaveral.org
Mia Goforth
From:
Mia Goforth
Sent:
Tuesday, September 20, 2011 2:05 PM
To:
'RAY; Joy Lombardi
Cc:
Angela Apperson
Subject:
RE: Membership on Code Board
Mr. Viens,
We're happy to hear you will continue to serve on the Board and yes, we can use your email as verification on
the upcoming City Council Agenda of 10-18-11. We still need the signed letter from you for our file, but you
may return it at your convenience.
Thanks so much and take care. Mia
Mia Goforth, Deputy City Clerk
gQfQ b&q ty*qpegqt►qveralµ.ermg
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
321-868-1220 x221
FAX 321-868-1248
From: RAY mailto rviens3265 daol..com_.j.
Sent: Tuesday, September 20, 2011 12:53 PM
To: Mia Goforth; Joy Lombardi
Subject: Re: Membership on Code Board
Hi Mia,
Thanks for the notice. Sorry to say that I failed to have my mail forwarded this year and as of this date
I'm still in NC. Needless to say
it does not appear that I will be back in town to attend the Code Board meeting scheduled for Thurs,
9/22/2011. It is however my desire
to continue serving on the Code Board. I would appreciate it if this response could be utilized as my
affirmation of my desire to continue.
Our travel plans should have us back in Cape Canaveral by 10/10/11 and if a signed acceptance
would be necessary, I would be able to
provide it in time for inclusion in the adenda of the City Council Meeting of 10/18/11. Please let me
know by response e- mail if this works.
Thanks
Ray Viens
-----Original Message -----
From: Mia Goforth < M. Goforth& cit ofca pecanaveral.or >
To: rviens <rviens3265 aol.com>
Cc: Joy Lombardi <J.Lombardi cit ofca ecanaveral.or >
Sent: Tue, Sep 20, 2011 11:43 am
Subject: Membership on Code Board
Good morning Mr. Viens, hope all is well with you...
The City Clerk's Office mailed an Expiration Notice out to you August 30 inquiring about your desire to continue serving on
the Code Enforcement Board. We just wanted to make sure you received the letter. If so, please turn it in to our office or
you may give it to Joy at the next Code Enforcement meeting on Thursday of this week.
In preparation for the 10-18-11 City Council meeting, we need this letter to be part of the item that will appear on that
agenda.
Thanks so much! Mia
Mia Goforth,
G rth, Deputy City Clerk
fl . c?f rth.Lg°tt pfq gqa r !._prg
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
321-868-1220 x221
FAX 321-868-1248
._mm_ ff,gityafg pc ,rLa-vgreI.a-rg
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+e inade av allmable tc+the public and/or media upon ir,aCqua=Sl. UNk,-S ; Cllaetrvi„ C r;caMI)t I liral'er I laiiida Law, n;i`irall adcresses are public tecc,irds If you do nn'I', Want
your et' ai, address tele ased in ie sg,on„ e to an IoubIlc, i^",7cotd„ trc,,,quest do nol :ei i,d r lediaru'n eir all to, this entity Insl1"ad, s xit acw ou olfii �e by phone rir in miti I9VYC„g
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Item No.
......... _...._...w ..._. .....__ ..... ......_.. __-_ .. _............ —
Subject: Approve Resolution No. 2011-25; Reappointing Member, Stephanie
Robinson, to the Recreation Board.
Department: Legislative
... ........ ......... ........ ........ .. ......... .........
Summary: Ms. Robinson currently serves on the Recreation Board with a term that
expired October 1, 2011.
The City Clerk's Office received notice of Ms. Robinson's desire to continue serving on
the Board prompting this Resolution for City Council's approval for reappointment. The
new term will expire October 1, 2014.
Department DirectorAn.ela M A��erson Date: 9-15-2011
..m�rtm . .
Attachments:
Resolution
Expiration Letter
........
......... . _ ........ ......... .........
Financial Impact: None
Reviewed b� City Treasurer: Andrea Bowers Date: I
Y 9 ....._ ........ Y...... ...... _ ....... ......... .........
The Cit Manager recommends that Cit Council t e the following action( ):
Approve Resolution No. 2011-25.
Approved by City Manager: David L. Greene Date: (_�..1
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
] Tabled to Time Certain
RESOLUTION NO. 2011-25
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING A MEMBER TO THE
RECREATION 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 54-26, established the Recreation Board of the City of Cape Canaveral; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
Reappoint a Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Stephanie Robinson is hereby reappointed as a Member of the Recreation
Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2014.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of
October, 2011.
ATTEST:
Angela Apperson, City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
Rocky Randels, Mayor
Name For Against
Robert Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Betty Walsh
Stephanie Robinson
282 Tin Roof Ave.
Cape Canaveral, FL 32920
Dear Ms. Robinson.
3�ape Canaveral
Your term on the Recreation Board will expire on October 1, 2011. Please check the
box that indicates your desire to serve on the Board for another 3 -year term and return this
notice immediately to your board secretary or the City Clerk using the enclosed envelope.
The resolution to re -appoint you as a Board Member will be scheduled for a future City
Council Meeting Agenda.
D• wish to be considered for reappointment.
® T wish to be considered for reappointment.
m (Signature)
Stepha ie obinson, ice -_C
a rson
Sincerely,
Angela M. Apperson, MMC
CITY CLERK
Enclosure: SASE
105 Polk Avenue - Past Office Box 326 Cape Canaveral, FI., 32920-0326
Telephone (321) 868-1220 Fax: (321) 868-1248
www.cityofcapecana�reral.org - ail info((�.cityofcapecanaveraLarg
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Item No.
Subject: Approve Resolution No. 2011-28; Formally dissolving
the
.... ...._.__.....
y he Charter Review
Committee; providing for the repeal of prior inconsistent resolutions, severability, and an
effective date.
Department Legislative
........ ......... _ ....... _ ..... _ ......... ........ ........ .........
Summary: On March 17, 2009, the City Council approved Resolution 2009-06,
appointing a ten -member Charter Review Committee to review the City Charter and
make recommendations to the City Council regarding advisable revisions to the Charter.
The Committee performed a comprehensive review of the current City Charter and
prepared a draft revised City Charter for consideration by the City Council.
The City Council and Charter Review Committee conducted joint workshops, at which
the proposed revisions to the City Charter were studied and discussed and during these
workshops the City Council provided direction regarding the preparation of referendum
ballot questions to be submitted to the voters of the City of Cape Canaveral. On
November 2, 2010, the Cape Canaveral electorate voted on and approved, by a
majority vote, two (2) ballot measures which made substantial amendments and
updates to the City of Cape Canaveral Charter.
The Charter Review Committee has completed its duties and obligations set forth in
Resolution 2009-06, and as such the City Council is now able to formally dissolve the
Charter Review Committee.
Director: Angela M. Apperson Date: 10/11/11
..
Submitting Department D ............. _ .............._.....�.... .._..............
Attachments:
Resolution 2011-28
... .. .........
FinanciaN
Financial Impact. None
Reviewed b Cit Treasurer: Andrea Bowers Date.
: ........................................
P&I4The Cit Mana er recommends that Cit Counciltake wing action(s):
:
Approve Resolution No. 2011-28.
Approved by City Manager: David L. Greene Date: / 111 1 Gkr
City Council Action: [ ] Approved as Recommended [ ] Disapproved
Approved with Modifications
Tabled to Time Certain
.
_..........................................................................................................................................................................................................
EFFECTXF 1 •
WHEREAS,h- City is grantedr-. . II of
CouncilConstitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, on March 17,2009, the City Council approved Resolution 2009-06, appointing
to the City w advisable
w
MIAVITJ 11 L" Ing IU�E$JVJ$'L9I%VMi4 IC"' MII 11-ILOAN 'A" 'YAM INIONC-) ffiggl gwiql L41 U-14 Ira 014 K4 I &1"1 4
N���
WHEREAS, during the joint workshops, the City Council provided direction regarding the
preparation of referendum ballot questions to be submitted to the voters of the City of Cape
w'
WHEREAS, on November 2, 20 10, the Cape Canaveral electorate voted on and approved,
City of .•
ReviewWHEREAS, given that the Charter completed its duties •
Review Committee;and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Resolution is
in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral.
r-81 "AJO If! 1's... / 1 R '
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
and are deemed a material part of this Resolution.
Section 2. Dissolving Charter Review Committee. The Cape Canaveral City Council hereby
formally dissolves the Charter Review Committee established by Resolution 2009-06.
Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of
resolutions in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date. This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on this 18th day of October, 2011.
ATTEST:
Rocky Randels, Mayor
For Against
John Bond
ANGELA APPERSON, City Clerk Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Item No. ,�r
Subject: Approve Ordinance 06-2011, Amending Chapter 110 of the Code of
Ordinances related to Pain Management Clinics; providing that Pain Management
Clinics may be permitted as special exceptions in the C-1 and C-2 zoning districts;
amending definitions; providing for supplemental district regulations applicable to Pain
Management Clinics; providing Pain Management Clinic special exception revocation
procedures; providing for the repeal of prior inconsistent Ordinances and Resolutions;
incorporation into the Code; severability; and an effective date.
Department: Communitv Development
Summary: The City Council instructed Staff to create an Ordinance that addresses its
concern about the pattern of illegal drug use and distribution associated with pain
management clinics dispensing on-site narcotic drugs.
On August 3, 2010 the Brevard County Board of County Commissioners imposed a
County -wide moratorium on the issuance of business tax receipts for pain management
clinics through its adoption of Ordinance No. 2010-13. The moratorium was
extended on February 22, 2011 and again on August 23, 2011. The City previously
posted a Notice of Pending Ordinance and proceeded with preparation of an Ordinance
regulating Pain Management Clinics. Section Six of the proposed Ordinance expressly
indicates that its approval does not constitute the City's opting out of the County -wide
moratorium.
This Ordinance permits Pain Management Clinics as a Special Exception in the C1 and
C2 Zoning districts, with certain distance limitations, and places additional monitoring
and reporting requirements on such establishments. Because the Ordinance involves
allowable uses in zoning districts, Planning and Zoning Board review and
recommendation was required. The Planning and Zoning Board recommended
approval at its August 14, 2011 meeting. An advertisement for first reading of the
Notice of Zoning Amendment appeared in the Florida Today newspaper on September
6, 2011, first reading of the Ordinance was held on September 20, 2011. The Notice of
Zoning Amendment and Public Hearing for the October 18th City Council Meeting was
advertised on October 5, 2011.
Submitting Department Director: Angela Apperson Date 10/10/2011
Attachment(s): Ordinance No. 06-2011, Planning and Zoning Board recommendation
and... once o Zonin Amendment
ina.. .. .._..... .. .......... _.....�.... ..
Fncial Impact: Attorney's fees for Ordinance preparation; st of advertisement and
codification, all can be paid for within the existing budget.,.
Reviewed by Finance Director: Andrea Bowers Date:)
_ ...... ....__.._ __.. ...... .......- _........
The City Manager recommends that City Council take th ollowing actions
Approve Ordinance No. 06-2011.
Approved...... by City Manager: ......._ David L. Greene ....._...._... _ Date: /.....O/_//.r .........
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications [ 1 Tabled to Time Certain
ORDINANCE NO. 06-2011
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, over the course of the past several months, the City Council has been made
aware by local and national news reports that a pattern of illegal drug use and distribution has been
associated with pain management clinics in South Florida which dispense on-site narcotic drugs; and
WHEREAS, many local governments in South Florida have adopted ordinances to regulate
these pain management clinics; and
WHEREAS, given the adoption of these ordinances and because of the lax enforcement of
these clines until recently, published news reports describe a "pipeline" of drugs being trafficked
from South Florida pain management clinics north to other areas of Florida and to other states; and
WHEREAS, the threat of increased crime associated with these pain management clinics
is significant; and
WHEREAS, the secondary effects of pain management clinics, including increased traffic,
recurring parking problems, large percentages of out-of-state patrons, and increased and
disproportionate demands on law enforcement, far outweigh the benefits of such businesses in the
City, and could undermine the City's current redevelopment efforts; and
WHEREAS, the State of Florida has attempted, in section 458.3265, Florida Statutes, to
deter such illegal drug use, distribution, and ancillary activities by the creation of a secure and
privacy -protected, statewide electronic system of monitoring prescription drug medication
information, and to encourage safer controlled substance prescription decisions and reduce the
City of Cape Canaveral
Ordinance No. 06-2011
Page I of 10
number of prescription drug overdoses, deaths, and related crimes; and
WHEREAS, it is the intent of this ordinance not to interfere with legitimate medical clinics
or the legal use of controlled substances, and rather to regulate the location of dispensing of narcotic
drugs on site at pain management clinics, as defined herein, to the extent permitted by law; and
WHEREAS, in the absence of regulations identifying where narcotic drugs may be
dispensed, the City's residents, visitors, and businesses are more vulnerable to criminal activities,
despite the provision of law enforcement services; 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, Brevar'?
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter I 10, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter I 10. It is intended that the text in Chapter I 10 denoted by the asterisks and
1wer this Ordinance):
ARTICLE 1. IN GENERAL
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Chronic nownalignant pain means pain unrelated to cancer or rheumatoid arthritis, which
persists beyond the usual course of disease or the injury that is the cause of the pain, or more than
90 days after surgery.
ON=
Medical or dental Clinic means a building where patients, who are not lodged overnight, are
admitted for examination and treatment by one person or group of persons practicing any form of
the healing arts services to individuals, whether such persons are medical doctors, chiropractors,
osteopaths, chiropodists, naturopaths, optometrists, dentists or any similar profession, the practice
of which is licensed in the state. The term does not include a place for the treatment of animals and
does not include vain management clinics.
Pain management clinic means a publicly or privately owned facility that advertises in any
medium for any type of vain -management services; or wherein any month, a majority of patients are
prescribed opioids, benzodiazevines, barbiturates, or carisoprodol for the treatment of chronic
nonmalignant Dain. Registration with the Florida Department of Health pursuant to sections
458.3265 or 459.0137, Florida Statutes, shall be prima facia evidence of overatingin
-aLLpai
management clinic. Expressly exempted from this definition are hospitals, nursing_homes.,
ambulatory surgical care centers, hospice or intermediate care facilities for the disabled, or clinics
which are affiliated with an accredited medical school at which training is provided for medical
students, residents or fellows.
ARTICLE VII. DISTRICTS
See. 110-332. Principal uses and structure.
In the C-1 low density commercial district, the following uses and structures are permitted:
(3) Professional offices, studios, medical or dental clinics, laboratories, general offices,
business schools and similar uses.
(6) Public and semipublic parks, playgrounds, clubs and lodges, cultural facilities,
hospitals, medical or dental clinics, mortuaries, funeral homes, government offices, schools,
churches and similar uses.
sir
Sec. 110-334. Special exceptions permissible by board of adjustment.
( c) Special exceptions may be permitted for the following:
1 71 Pain management clinics, subject to the requirements of section 110-489 of
this Code.
1 1J-S'T-jL'J-A-L-XJ1"ESEARCA 1 DEVELOPMENT
DISTRICT
Sec. 110-352. Principal uses and structures.
In the M-1 light industrial and research and development district, the following uses and
structures are permitted, provided any use or group of uses that are developed, either separately or,
if developed as a unit with certain site improvements, shared in common, meet requirements of
article IX of this chapter:
(1) General offices, studios, medical and dental clinics, laboratories, data processing and
similar uses.
Sec. 110-381. Principal uses and structures.
In the C-2 commercial/manufacturing district, the following uses and structures are
permitted:
(4) Professional offices, studios, medical and dental clinics, laboratories, general offices,
business schools, data processing and similar uses.
(8) Noncommercial public parks; commercial indoor playgrounds; clubs and lodges;
cultural facilities; hospitals; medical and dental clinics; mortuaries and funeral homes
(excluding crematories); government offices; schools; adult and youth centers; churches;
reading rooms and similar uses.
Sec. 110-383. Special exceptions permissible by the board of adjustment.
( c) Special exceptions may be permitted for the following:
LL4L Pain management clinics, subject to the requirements of section 110-489 of
this Code.
Sec. 110-489. Pain management clinic regulations
Pain management clinics may only be permitted by special exception in the C 1 and C 2
zoning districts, subject to the general conditions for special exceptions and subject to the following
requirements:
La) Pain management clinics must be registered with the State of Florida as required by
Florida law. Proof of registration, application for registration, or letter of exemption must
be provided with the special exception application for the pain management clinic
Lb I Each pain management clinic shall be operated by a medical director who is a
Florida -licensed physician board-certified in pain medicine and who shall be responsible
for complying with all requirements related to registration and operation of the clinic The
City of Cape Canaveral
Ordinance No. 06-2011
Page 5 of 10
designated physician must have a full, active, and unencumbered license under Chapter 458
or 459, Floridawhich the physician has
,assumed responsibility. Within ten (10) days after termination or absence of the medical
director, the clinic must notify the City of the identity of another medical director for the
clinic.
Lcj There shall be no less than one-half (!/2) mile distance between each pain management
clinic regardless of the municipal boundaries of the City.
(d) No -pain management clinic shall be pemiitted to locate within 1,000 feet of any
public or private school or daycare facility.
Le� Pain management clinics shall only be permitted to operate between the hours of 9:00
AM and 7:00_PM, Monday through Friday, and 9:00 AM to 5:00 PM on Saturday.
M There shall be no outdoor seating areas, queues, or customer waiting areas. All
activities of the pain manall-aement clinic includdku
shall be conducted entirely within an enclosed building.
W Limiting payment for goods or services to cash only is prohibited.
(h) Pain management clinics shall be required to submit to the Brevard County Sheriff s
Office a daily summary containing the following information fromthe prior business day:
M The total number of prescriptions written that day;
(2) The total number of doses of drugs sold and/or dispensed by the pain
management clinic that day inc uding_sampIes),__s�pecifyjng, -,e =re
MI- so-so, I
(3) The state of residence of _each person to whom drugs were prescribed or
dispensed that day,
A Dain management clinic shall not be permitted as a home occupation,
w9r.)I[INVIN919jul =-Uo
. W... ®R
MIF "MINI".
City of Cape Canaveral
Ordinance No. 06-2011
Page 6 of 10
to, or violated any plea agreement regarding an arrest for, a violation of any state, federal or
similar law related to drugs or alcohol, specifically including but not limited to prescribing,
dispensing, administering, providing, supplying, or selling any controlled substance; (iii) has
been suspended, had his or her license revokedor been subject to disciplinary action by any
state, federal, or other governmental entity where such person is licensed to practice (iv) has
had any state, federal, or other governmental entity re such person is licensed !2practice
take any action against such person's license as a result of dependency on drugs or alcohol;
or (v) has been convicted of, pled nolo contendere to, or violated any plea agreement
regarding an arrest for, any felony or crime involving moral turpitude.
Lk) No pain management clinic shall be wholly or partially owned by or have s a
Principal, partner, officer,. member, managing member, or otherwise where the owner is an
entity, any person who (1) has been convicted of, pled nolo contendere to, or violated an
plea agreement regarding an arrest for, a violation of any state, federal, or similar law related
to drugs or alcohol, or (ii) has been convicted of, Wed nolo contendere to, or violated any
plea agreement regarding an arrest for, any felony or crime involving moral turpitude.
LI) No pain management clinic shall employ any person, as an independent contractor
or otherwise, who (i) has been convicted of pled nolo contendere to, or violated any plea
agreement regarding an arrest for, a violation of any state, federal, or similar law related to
drugs or alcohol, specifically including but not limited to, prescribing, dispensing,
administering, providing, supplying or selling any controlled substance; or (ii) has been
convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for,
any felony or crime involving moral turpitude within the five (5) years preceding the
application for special exception.
Lml The pain management clinic shall at all times be subject to the requirements of all
applicable federal, state, county and local laws and ordinances, as they may be amended from
time to time.
Lnj Additional application information. An applicant seeking a special exception for a
Dain management clinic shall, in addition to the general application information required for
special exceptions, provide the following:
M The pain management clinic's registration number issued by the Florida
Department of Health, as required by Florida law.
Q Name of the medical director, as required herein, responsible for complying
with all requirements related to operation of the pain management clinic and the
medical director's Drug Enforcement Agency number.
QA list of all persons associated with the management or operation of the pain
management clinic, whether paid or unpaid, part-time or full-time, including all
contract labor and independent contractors. This list shall include, but not be limited
City of Cape Canaveral
Ordinance No. 06-2011
Page 7 of 10
to, all owners, operators, employees and volunteers. Forpersons listed, the following
additional information must be provided:
LAI Person's title, current home address telephone number and date of
birth,-,
Lqj List of all criminal convictions whether misdemeanor or felony; that
are drug related
LQ A copy of a current Florida driver's license or government issued
photo identification- and
JQ A set of fingerprints.
fAl If the property owner is different from the owner of the pain management
clinic, the applicant shall provide the name, address, telephone number and a cm
of a Florida driver's license or government issued photo identification of the property
owner along with the application.
f5l An inventory of diagnostic equipment to be located at the clinic. -
LQ A natural disaster management plan,•
Q A floor plan showing the location and nature of adequate security measures,
including those required by the State of Florida for controlled substances to
safeguard all drugs to be dispensed in the course of its business.
L81 An affidavit of the medical director, signed under oathatte�stin .
JAI That their practice is located at the subject pain management cfiniqi
Lal That no employees of the facility have been convicted of a drug-
related felony within the five (5) years preceding the application for special
exception;.
LCI That the pain management clinic will not knowingly employ any such
convicted felons thereafter; and
LQ That the medical director shall be required to inform the City within
ten (10) days should the medical director be terminated or otherwise leave the
affiliation of the pain management clinic as medical director.
The medical director shall be required to keep all application information updated with the
City at all times, even after issuance of a special exception, and said information shall be
City of Cape Canaveral
Ordinance No. 06-2011
Page 8 of 10
verified annually by the City in conjunction with the City's local business tax receipt renewal
process. The medical director shall notify the City of any change to the information within
ten (10) days of any new person becoming associated with the pain management clinic or any
other change to the application information required herein Failure to properly maintain
updated information with the City shall be grounds for revocation of the pain management
clinic special exception.
fpj Any special exception granted for a pain management clinic may be temporarily
suspended or absolutely revoked by majority vote of the board of adjustment ata public
hearing, when the board of adjustment has determined by competent substantial evidence that
either:
LQ The pain management clinic has obtained the special exception upon false
statements, fraud deceit misleading statements, or suppression of material facts;
Q The pain management clinic has committed substantial violations of the terns
and conditions on which the special exception was granted -
Q The pain management clinic no longer meets the requirements of this section
or other applicable law; or
The medical director or any other employee of the pain management clinic
knowingly allowed illegal activities to be conducted on the premises
Prior to any special exception being revoked the pain management clinic shall be provided
with minimum due process including notice of the grounds for revocation and hearing date,
an opportunity to be heard, the right to present evidence, and the right to cross-examine
adverse witnesses.
Secs. +H-489-,110-490. Reserved.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No. 06-2011
Page 9 of 10
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 rocedural
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Brevard County Pain Management Clinic Countywide Moratorium.
Nothing herein shall be construed as the City of Cape Canaveral opting out of the countywide
moratorium imposed on August 3, 2010 by the Brevard County Board of County Commissioners
f I Lff rDmF
2010-13, as extended by the BCC on February 22, 2011, August 23, 2011, and as may be further
extended by the BCC subsequent to the effective date of this Ordinance.
Section 7. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
October, 2011.
Rocky Ranets, Mayor
For Against
MMIM
First Legal Ad published:
September 8, 2011
First Reading:
September 20, 2011
Second Legal Ad published:
October 5, 2011
Second Reading:
October 18, 2011
$11111, 1 .1
City of Cape Canaveral
Community Development Department
IM
To: Barry Brown, Planning & Development Direct
Todd Morley, Building Official I
From: Susan L. Chapman, Secretary, Planning & Zoning Board
Re: Recommendation to City Council Re: Proposed Ordinance No. 06-
2011, Land Development Code Text Amendment to Chapter 110,
Article VII, Districts; and Chapter 110, Article IX, Supplementary
District Regulations regarding Regulating of Pain Management
Clinics
--------------------------------------------------------------------- - -
On August 24, 2011, the Planning and Zoning Board considered the above
referenced proposed ordinance.
Following discussion and review of the proposed ordinance, by a unanimous vote,
the Board recommended that the City Council approve the proposed ordinance
with the following condition: On page 7, 0) (ii), remove the wording "where such
person is licensed to practice".
7710 N. Atlantic Avenue - post Office Box 326 - Cape Canaveral, R 32920-0326
Building & Code Enforcement: (321) 868-1222 - planning & Development (321) 868-1206 - Fax &I Inspection: (321) 868-1247
,.vw%v.cit),ofcsipecaitiaver.ii.or,,0 - mail: ccapecanaveral&fl.mcom
NOTICE OF
ZONING AMENDMENT
Notice is Hereby Given that the City of
Cape Canaveral City Council will consider an
amendment to the code of ordinances to define
and regulate pain management clinics and allow
for pain management clinics in the C-1 Low Density
Commercial and C-2 Commercial/Manufacturing
Zoning Districts in the City of Cape Canaveral.
A Public Hearing on the Proposed Zoning
Amendment will be held on Tuesday, October 18,
2011, at 7:00 P.M. in the Cape Canaveral Library,
201 Polk Avenue, Cape Canaveral, Florida. The
City of Cape Canaveral proposes to adopt the
following ordinance:
ORDINANCE NO. 06-2011
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF
THE CODE OF ORDINANCES RELATED TO
PAIN MANAGEMENT CLINICS; PROVIDING
THAT PAIN MANAGEMENT CLINICS MAY
BE PERMITTED AS SPECIAL EXCEPTIONS
IN THE C-1 AND C-2 ZONING DISTRICTS;
PROVIDING FOR SUPPLEMENTAL DISTRICT
REGULATIONS APPLICABLE TO PAIN
MANAGEMENT CLINICS; PROVIDING PAIN
MANAGEMENT CLINIC SPECIAL EXCEPTION
REVOCATION PROCEDURES; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
The Ordinance may be viewed in its entirety in the City
Clerk's Office at 105 Polk Avenue, Cape Canaveral, FL
32920 during regular working hours, Monday through
Friday, 8:30 A.M. to 5:00 P.M. pursuant to Section
286.1015, Florida Statutes, the City hereby advises the
public that: If a person decides to appeal any decision
made by the City Council with respect to any matter
considered at this meeting, that person will need a
record of the proceedings, and for such purpose that
person might need to ensure that a verbatim record of
the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be
based. This notice does not constitute consent by the
City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does
it authorize challenges or appeals not otherwise allowed
by law. Persons with disabilities needing assistance to
participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance
of the meeting.
Angie Apperson,
City Clerk
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Item No.
Subject: Approve Ordinance No. 09-2011, amending the City Code regarding
consideration of matters before the City Council in furtherance of ensuring efficient,
effective and decorous meetings; establishing a Code of Conduct for City Council
Members; providing for the repeal of prior inconsistent Ordinances and Resolutions;
incorporation into the Code; severability; and an effective date.
Department: Administration
Summary: The City Council's Rules of Procedure are established in the Code of
Ordinances, Sections 2-56 through 2-70. These procedures have been amended over
the years and most recently by Ordinance 01-2011 which incorporated changes
required by the new Charter and accommodated one monthly meeting. None of these
sections address the Consent Agenda policy. This was done through an informal policy
adopted on November 21, 2000, amended on February 20, 2001 and October 16, 2001.
At the April 19, 2011 Council Meeting, it was requested this informal policy be amended
to remove the requirement for the items to be read. Since this is an informal policy, it
seemed to be a request that could easily be accomplished. Unfortunately, the Rules of
Procedure, specifically Section 2-66(b), requires all items of business be announced by
the Presiding Officer. An Ordinance amendment is needed to accomplish the requested
change.
At the May 17, 2011 meeting Council considered amendments to Section 2-66, which
included minor clarifications/additions; incorporated the informal Consent Agenda policy
into the Code, provided for voting conflicts, quasi-judicial hearing procedures, and a
Code of Conduct. The City Attorney's Office has drafted the proposed Ordinance. The
Code of Conduct will reside in Section 2-28 and is substantially the same as those
considered in May, with some additional clarification and wordsmithing. The amended
rules were more significantly revised and expanded from those previously considered.
They include: clarification; wordsmithing; rewording of the voting conflict section and
quasi-judicial hearing procedures; addition of language to cover the need for a verbatim
record for an appeal; the enforcement of this section and changes to Sec. 2-68 General
Discussion to clarify the rules of procedure related to the "Audience to be Heard"
section of the agenda. First reading of the Ordinance was held on September 20, 2011.
The Notice of Public Hearing for the October 18th City Council Meeting was advertised
in the Florida Today newspaper on October 5, 2011.
SubmittingDepartment Director: Angela MAppm ........_.
erson A....__m ,ate: ............1........0........./......1........0......../..2011
Attachment(s):
#1 — Council Rules of Procedure as amended by Ordinance 01-2011.
#2 — Suggested amendments to Section 2-66 — Consideration of matters before
Council.
#3 — Ordinance No. 09-2011
#4 — Proof of Publication 10-05-2011
Financial Impact: Attorney's fees for Ordinance preparatio ,
codification, all can be paid for within the existing budget.
Reviewed by Finance Director: Andrea Bowers
of advertisement and
City Council Meeting Page 2 of 2
Date: 10/18/2011
Item # continued
The City Manager recommends that City Council take the following action(s):
Adopt Ordinance No. 09-2011.
Approved by City Manager: David L. Greene t9 li fit
City Council Action: [ ] Approved as Recommended Disappr'ov6d
[ ] Approved with Modifications
Tabled to Time Certain
Council Rules of Procedure as amended by
Ordinance 01-2011
ARTICLE 11 CITY COUNCIL
DIVISION 3. - MEETINGS
Sec. 2-56. - Regular meetings.
Nt' cxchm e6 - 1
The city council shall hold regular meetings on the third Tuesday of each month at 7:00 p.m. The city council
may, on an as -needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting
falls upon a day designated by law as a legal national holiday, such meeting will not be held. Regular meetings may
be otherwise postponed, canceled or rescheduled by consensus of the city council. All regular meetings shall be held
in the place as designated by a majority of the council in open session.
(Ord. 01-2011, 4/19/2011)
Sec. 2-57. - Special meetings.
(a) A special meeting of the city council may be initiated by any of the following means:
(1) By an affirmative vote of a majority of the city council pursuant to the Charter, article 11, section
2.11.
(2) By serving the city manager or the city clerk notice in writing and signed by a majority of the city
council. The clerk shall immediately give verbal or written notice to each member of the council, stating the
date and hour of the meeting and the purpose for which such meeting is called, and no other business shall
be enacted at that meeting. The clerk in the notice of a special meeting initiated in this manner shall allow at
least 24 hours to elapse between the call of the meeting and the date and hour of the meeting. Notice shall
be posted at city hall and on the city website.
(3) By verbal notice to the city clerk or the city manager by a majority of the city council whenever an
emergency exists which requires immediate action by the council. The clerk shall immediately attempt to
give notice to each member of the council stating the hour of the meeting and the purpose for which such
meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it is
impossible to give notice to each councilmember, such failure shall not affect the legality of the meeting.
(b) All special meetings shall be held in the place as designated by a majority of the council in open session and
shall be open to the public and the press.
(Ord. 01-2011, 4/19/2011)
Sec. 2-58. - Workshop meetings.
Workshop meetings may be called to informally discuss matters relating the city business. Workshop
meetings shall be held in the place so designated by council to be the locations of workshop meetings and shall be
open to the public and press. Notice of workshop meetings shall be posted 24 hours in advance at the city hall and
on the city website. Minutes of the workshop meeting shall be prepared and distributed to council members.
(Ord. 01-2011, 4/19/2011)
Sec. 2-59. - Preparation of ordinances and resolutions prior to meeting.
All ordinances and resolutions prepared shall have a permanent reference number assigned prior to
consideration by the council at any regular meeting. A copy of the ordinance or resolution for adoption at the regular
meeting is furnished in the council agenda packet.
(Ord. 01-2011, 4/19/2011)
Council Rules of Procedure as amended by
Ordinance 01-2011
(a) There shall be an official agenda of every meeting of the council which shall determine the order of business
conducted at the meeting.
(b) All items to be placed on the agenda must be initiated by a member of the city council, the city attorney, city
clerk, city manager, or department director.
(c) All items to be placed on the agenda must be filed with the city clerk the Wednesday two weeks prior to the
council meeting. Agenda packets shall be distributed to council members the Tuesday one week prior to the
council meeting.
(d) Public notice of the agenda for all meetings shall be served by posting the agenda in a conspicuous place at
city hall and on the city website the Tuesday one week preceding the meeting.
(Ord. 01-2011, 4/19/2011)
Sec. 2-61. - Parliamentary procedure.
Except as may be provided in the Charter or in this division, questions of order, the methods of organization
and the conduct of business of the council shall be governed by Robert's Rules of Order, Newly Revised, in all cases
to which such rules are applicable.
Sec. 2-62. - Presiding officer.
The presiding officer of the council is the mayor. The council shall annually elect a mayor pro tem at the first
regular meeting after the day of the general city election and the mayor pro tem shall preside over the council in the
absence of the mayor. The mayor shall assume the chair as presiding officer at the next regular meeting after his or
her election. The presiding officer shall preserve strict order and decorum at all meetings of the council. A majority
vote of the members present shall govern and conclusively determine all questions of order if a parliamentary
decision by the presiding officer is challenged.
(Ord. 01-2011, 4/19/2011)
Sec. 2-63. - Sergeant at arms.
The sergeant at arms shall be present at regular council meetings when so requested by any member of the
city council or by the city manager.
Sec. 2-64. - Call to order; quorum; roll call.
(a) The presiding officer of the city council shall take the chair at the hour appointed for the meeting and shall
immediately call the council to order. In the absence of the mayor and the mayor pro tem, any councilmember
may call the meeting to order at the appointed hour.
(b) In a regular or special meeting before proceeding with the business of the council, the city clerk or designee
shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the
minutes.
(c) If a quorum of three is not present at the roll call, no further business shall be transacted and a recess shall
be automatic for a period of 30 minutes or until a quorum is in attendance, whichever shall first occur. If a
quorum is not in attendance at the end of the 30 -minute recess, the meeting shall be automatically
adjourned.
F1
Council Rules of Procedure as amended by
Ordinance 01-2011
(d) In the absence of the mayor and the mayor pro tem and a quorum is present, the first order of business shall
be the election of a temporary presiding officer. Upon arrival of the mayor or mayor pro tem, the temporary
presiding officer shall relinquish the chair upon the conclusion of the business immediately before the council.
Sec. 2-65. - Minutes.
The minutes of the previous regular meeting of the city council shall be adopted by reference. The city clerk
shall have available a copy of such minutes at least 24 hours preceding the next regular meeting. There shall be
copies of the minutes available for the citizens to examine at the city council meeting. The minutes of the meeting
shall be approved or corrected by a majority of the members present and upon such approval shall become the
official minutes.
(Ord. 01-2011, 4/19/2011)
(a) The city council shall not take action upon any matter which is not listed upon the official agenda, unless a
majority of the councilmembers present have first consented to the presentation of the matter for
consideration and action.
(b) All items of business shall be considered in accordance with the agenda and announced by the presiding
officer. Any motion shall then be appropriate.
(c) When a motion is presented and seconded, it is under consideration, and no motion shall be received
thereafter, except to adjourn, to recess, to lay on the table, to postpone or to amend, until the question is
decided. These motions shall have preference in the order in which they are mentioned and the motions to
adjourn, to recess and to lay on the table shall be decided without debate. Final action upon a pending
motion may be deferred until the next regular meeting by a majority of the members present.
(d) The presiding officer may move, second and debate from the chair, subject only to such limitations of debate
as are imposed by this division upon all members, and the presiding officer shall not be deprived of any of the
rights and privileges of a councilmember because of his being the presiding officer.
(e) Every councilmember desiring to speak for any purpose shall confine himself or herself to the question under
debate, avoiding all personalities and indecorous language. A member once recognized shall not be
interrupted when speaking unless the interruption shall be to call the councilmember to order or as otherwise
provided in this division.
(f) Any citizen present at the meeting may orally petition the presiding officer to address the council. Permission
shall be granted only after a showing that the subject matter is relevant to the business under consideration
and is significantly informative to the council.
(g) Each person addressing the council shall stand, shall give his or her name and address in an audible tone for
the minutes and, unless further time is granted by the council, shall limit his or her address to five minutes.
No person other than councilmembers and the person having the floor shall be permitted to enter into any
discussion either directly or through a member of the council without the permission of the presiding officer.
No question shall be asked councilmembers except through the presiding officer.
(h) Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the
council shall be barred from further audience before the council by the presiding officer, unless permission to
continue or again address the council is granted by the majority of the council.
(i) The councilmember moving the adoption of an ordinance or resolution shall have the privilege of closing
debate.
Council Rules of Procedure as amended by
Ordinance 01-2011
Upon cessation of discussion or if called, the motion before the city council shall be restated by the presiding
officer. Each councilmember shall be called in alphabetical order according to last name and shall verbally state "for"
or "against" the motion. The city clerk shall record the vote of each councilmember both in the minutes and upon the
resolution or ordinance. The presiding officer shall declare the status of the motion after a vote has been taken.
Sec. 2-68. - General discussion.
Every regular meeting of the city council shall include a period of time limited to oneua arter hour for the
purpose of a question and answer session during which any person from the audience may direct questions
concerning city business or affairs to any member of the council or officer or official of the city. The limitations set
forth in section 2-66(g) and (h) shall apply.
(Ord. 01-2011, 4/19/2011)
Sec. 2-69. - Adjournment.
A motion to adjourn the meeting of the city council shall always be in order and shall be decided without
debate. City council meetings shall adjourn no later than 10:00 p.m. The city council may extend the meeting by
super -majority vote of the city council present at the time of adjournment required by this section.
Sec. 2-70. - Eminent domain powers.
Notwithstanding the United States Supreme Court's decision in Kelo v. City of New London, 125 S. Ct. 2655
(2005), and any other authority under Florida law, the city council shall not exercise the power of eminent domain
solely for economic development purposes. Any exercise of such power shall be declared void ab initio.
Secs. 2-71-2-90. - Reserved.
10
Su ested amendments to Section 2-66 -
Consideration of matters before Council.
ARTICLE If CITY COUNCIL i
DIVISION 3. - MEETINGS
Sec. 2-66. - Consideration of matters before council.
(a) The city council shall not take action upon any matter which is not listed upon the
official agenda, unless a majority of the councilmembers present have first
consented to the presentation of the matter for consideration and action. In the
spirit of the Sunshine Law, the qfty council shall be sensitive to allow advanced
notice and therefore artici ation of the public on controversial issues.
(b) All items of business shall be considered in accordance with the agenda_ aed
-4 k- fb%-a ' Any motion shall then be appropriate. Where
discussion is not antici ated on an item the citv mana er may add it to the
consent agenda, where all items are approved en masse by one motion and vote.
Before any motion is made on the consent agenda, the residing officer shall ask
if any member of the city council wishes to remove any item from the consent
a enda. Should any councilmember ask for an item to be removed the item will
be removed and considered se aratel . Discussion will only be allowed on items
removed from the consent a enda. Items removed will be heard immediatel
followina the vote to avorove the remainin consent a enda items.
(c) When a motion is presented and seconded, it is under consideration, and no
motion shall be received thereafter, except to adjourn, to recess, to lay on the
table, to postpone or to amend, until the question is decided. These motions shall
have preference in the order in which they are mentioned and the motions to
adjourn, to recess and to lay on the table shall be decided without debate. Final
action upon a pending motion may be deferred until the next regular meeting by a
majority of the members present.
(d) The presiding officer may move, second and debate from the chair, subject only
to such limitations of debate as are imposed by this division upon all members„
and the presiding officer shall not be deprived of any of the rights and privileges of
a councilmember because of his being the presiding officer.
(e) Every councilmember desiring to speak for any purpose shall confine himself or
herself to the question under debate, avoiding all personalities and indecorous
language. A member once recognized shall not be interrupted when speaking
unless the interruption shall be to call the councilmember to order or as otherwise
provided in this division.
Suggested amendments to Section 2-66 -
Consideration of matters before Council.
(fl Any citizen present at the meeting may orally petition the presiding officer to
address the council. Permission shall be granted only after a showing that the
subject matter is relevant to the business under consideration and is significantly
informative to the council.
(g) Each person addressing the council shall stand, shall give his or her name and
address in an audible tone for the minutes and, unless further time is granted by
the council, shall limit his or her address to five minutes. No person other than
councilmembers and the person having the floor shall be permitted to enter into
any discussion either directly or through a member of the council without the
permission of the presiding officer. No question shall be asked of councilmembers
except through the presiding officer. Comments may or mav not receive a
res onse from councilmembers.
(h) Any person making impertinent or slanderous remarks or who becomes
boisterous while addressing the council shall be barred from further audience
before the council by the presiding officer, unless permission to continue or again
address the council is granted by the majority of the council. No lacards si ns
non -city handouts or the circulation of petitions will be allowed in the council
chambers.
(i) The councilmember moving the adoption of an ordinance or resolution shall have
the privilege of closing debate.
Voting conflicts — No counclmember shall artci ate in an matter which would
inure to them ape ial rivate gain or loss; without first disclosing the nature of
interest in the matter. The p esiding officer once having declared a conflict of
interest,_must relinquish the osition b assin the avel to another member.
This section does not vreclude the presiding officer from participating and
discussina the issue at the meetinall, Notwithstanding the aboveprovisions of
F.S. 112.3143 Votina Conflicts shall ar)r)lv to the council rules of rocedure.
Quasi-ludicial hearin is:
1. The presidbg, officer shall announce the case.
2. Disclosure of ex arte communication Section 286.0115 FS is hereb
adopted in its entiret for the p,urposes of removing the presumption of
reludice from ex -parte communications with councilmembers and for the
purpose of adopting the procedures set forth in Sections 286.0115'3 and
286.0115(4).
3. A co of the ori inal notice of publication shall be placed on the record.
4. The citv council shall determine those persons with the right to s eak or
resent evidence.
5. Those ersons who have been determined to have the right to speak will
be sworn.
6. Staff shall present its case.
2
Suggested amendments to Section 2-66 -
Consideration of matters before Council.
7. Aodicant shall oresent its case.
8. Sworn Darties to have standinal shall present their cases,
9. Applicant shall have an opportunity for rebuttal.
10. The City Attorney shall read the ordinance by title a motion shall be made
and seconded which contains s ecific findings of fact and the city council
shall conduct a roll call vote. Such findings of fact shall include the action
taken by the council consistent with the Com rehensive Plan and Land
Develo ment Re ulations.
The Code of Conduct:
1. 1 affirm that the Proper statuto and City Charter role of a councilmember,
as with any lected member of a legislative body. is to act collectively,not
individually, to set and/or revise and/or to apply the City of Ca e
Canaveral's governim policies and that the City Managier and staff
administer such volicies.
2. 1 understand that a councilmember does not manage the affairs of the
City. I will not intrude into daily --operations or spheres of res onsibili
designated by Florida Statutes City Code and the City Charter to the Cit
Manager as the chief executive officer or undermine the Cit Mana er's
lawful authority.
3. 1 will represent the interests of the entire City when making decisions and
will rely upon available facts and my independent lud ment. In m
capacity as a councilmember I will avoid all le al conflicts of interest and
avoid using ny official position for personal. professional or partisgo gpin.
4. 1 will demonstrate dignity, respect. and courtesy toward those whom I am
in contact with in my capacity as a councilmember. I will refrain from
intimidation and ridicule of fellow councilmembers City Mana er Cit
Attorney,staff and other stake -holders in the City of Cape Canaveral.
5. In my capacily as a councilmember, I will refrain from inappropriate
language including statements that are malicious threatenin
dis ara in mean-spirited. vulgar or abusive. All disc reements
concerns or criticisms shall be framed in Ian ua a that is in keeping with
the dignily and professionalism of an elected official and the honor of the
City Council.
6. 1 will focus on solving, problems. I will maintain appropriate decorum and
professional demeanor in the conduct of City business and work
cooperatively and conscientiously with others as I reguest or receive
information examine data or wei h alternatives in the decision-making
process.
7. 1 will demonstrate patience and refrain from demanding, interru tive
access to staff or immediate responses or services when reguesting
information that re uires significant staff time in research preparation or
analysis or that will result in staff neglect of more urgent duties. Such
re uests will be made througih the City Manager for scheduling and
prioritizing or througlh consensus of the City Council.
Suggested amendments to Section 2-66 -
Consideration of matters before Council.
8. 1 will devote sufficient time for adequate preparation prior to City Council
meetings and be in attendance, insofar as possible, at those meetings and
all other scheduled events where my participation is required. I will
Prepare myself through study, inquiry and thought so as to be informed
thoroughly about issues to be discussed in public meetings.
9. 1 will respect diversity and encourage the open expression of divergent
ideas and opinions from fellow City Council, City Attorney, staff, citizens of
Cape Canaveral, and utility customers. I will listen actively and objectively
to others' concerns or constructive criticisms.
10. 1 will refrain from any individual action that could compromise the integrity
of the City or my fellow councilmembers. I will delineate clearly for anv
audience whether I am acting or speaking as an individual citizen or I am
acting or speaking in my capacity as a representative of the City.
11. 1 will maintain confidentiality of privileged information and will abide by the
Government in the Sunshine Law, the Florida Code of Ethics for Public
Officers, and applicable City Rules of Procedure in both its spirit and its
intent.
12. 1 will promote constructive relations in a positive climate with all Cit
employees, consistent with my role as a councilmember, as a means to
enhancement of productivity and morale. I will support employment of best
qualified persons for staff positions. I will recognize the achievements of
staff, business partners, and others sharing the City of Cape Canaveral's
mission.
13. 1 will update and improve my knowledge, contributions, and value to the
City by keeping abreast of current educational issues and trends through
reading, continuing education and training. I will study policies and issues
affecting the City of Cape Canaveral, and attend training programs if
required by the City. My continuing goal will be to improve my
performance as a councilmember.
14. 1 will value and assist my fellow councilmembers by exchan-ging ideas
concerns and knowledge gleaned from my research or training. I will help
build positive community support for the City of Cape Canaveral's
mission/vision and the policies established by the City Council.
15. 1 will take a stand for my beliefs but will remain flexible enough to
understand others' views. I recognize that I share in the responsibility for
all City decisions and will accept the will of the majority.
16. 1 will remember always that my first and greatest concern must be the
citizens of Cape Canaveral and the public health, safety, and welfare. I will
seek to provide appropriate leadership that nurtures and motivates the
citizens of Cape Canaveral to be stakeholders in the affairs and
achievements of the City.
17. 1 will be accountable to the City Council for violations of the Code of
Conduct.
ORDINANCE NO. 09-2011 A�7ewzwxsl
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the
State Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Council desires to amend the City Code with respect to the rules
and procedures for matters before the City Council at City Council meetings; and
WHEREAS, the City Council desires to conduct its business with order and efficiency;
and
WHEREAS, the City Council has found it necessary to periodically review its rules and
procedures for the most expedient and efficient business practices in the City; and
WHEREAS, the City Council has the right to establish rules of procedure for council
meetings in order to promote orderly and efficient conduct of such meetings. See, e.g., Rowe v.
City of Cocoa, 358 F.3d 800 (U.S. 11`h Cir. 2004) ; and
WHEREAS, the City Council desires to establish for itself a Code of Conduct to be
adhered to in addition to the requirements of Florida law; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of
Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Council of the City of
Cape Canaveral.
Section 2. Code Amendment. Chapter 2, Administration, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and stfflm-ottt type indicates deletions, while asterisks (* * *) indicate a
deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter
2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the
language existing prior to adoption of this Ordinance):
CHAPTER 2. ADMINISTRATION
ARTICLE 11. CITY COUNCIL
DIVISION 1. GENERALLY
In addition to adhering to the requirements of state law, all councilmembers shall commit to the
following code of conduct by written affirmation, which shall remain on file with the city clerk,
as follows:
I affirm that the proper statutory and City Charter role of a councilmember, as with any
elected member of a legislative body, is to act collectively, not individually, to set and/or revise
and/or to apply the city's governing policies and that the city manager and staff administer such
policies.
fhj I understand that a councilmember does not manage the affairs of the city. I will not
intrude into daily operations or spheres of responsibility designated by Florida Statutes, City
Code, and City Charter to the city manager as the chief executive officer; or undermine the city
manager's lawful authority. Further, I understand that the city manager is responsible for
administering the policy direction established by a majority vote of the city council and not the
policy wishes of one individual councilmember.
cam.I will represent the interests of the entire city when making decisions and will rely upon
available facts and my independent judgment. In my capacity as a councilmember, I will avoid
conflicts of interest and avoid using my official position for personal, professional, or partisan
gam.
LL. I will demonstrate dignity, respect, and courtesy toward those whom I am in contact with
in my capacity as a councilmember. I will refrain from intimidation and ridicule of fellow
councilmembers, city manager, city attorney, staff
, citizens of the city, and city utility customers.
City of Cape Canaveral
Ordinance No. 09-2011
Page 2 of 8
ems. In my capacity as a councilmember, I will refrain from inappropriate language including
statements that are malicious, threatening, slanderous, disparaging, mean-spirited vulgar or
abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping
with the dignity and professionalism of an elected official and the honor of the city council.
ft. I will focus on solving problems. I will maintain appropriate decorum and professional
demeanor in the conduct of city business and work cooperatively and conscientiously with others
as I request or receive information, examine data or weigh alternatives in the decision-making
process,
fgh I will demonstrate patience and refrain from demanding interruptive access to staff or
immediate responses or services when requesting information that requires significant staff time
in research, preparation or analysis or that will result in staff neglect of urgent duties. Such
requests will be made through the city manager for scheduling and prioritizing through
consensus of the city council.
D.. I will devote adequate time for preparation prior to city council meetings and as much as
possible, I will be in attendance at such meetings and all other scheduled events where my
participation is required.
I_ will respect diversity and encourage the open expression of divergent ideas and
opinions from fellow city councilmembers, city manager, city attorney, staff, citizens of Cape
Canaveral, and city utility customers. I will listen actively and objectively to others' concerns or
constructive criticisms.
a. I will refrain from any individual action that could compromise lawfully authorized
decisions of the city or the integrity of the city and my fellow councilmembers. I will delineate
clearly for any audience whether I am acting or speaking as an individual citizen or in my
capacity as a representative of the city.
Lk). I will maintain in confidence any privileged or confidential information provided to me
by the city and will not disclose such information publicly or to any person who has not been
duly authorized by the city to receive such information, unless such disclosure is duly authorized
by the city council or city manager or required by law. In addition, I will refrain from copying
any written privileged or confidential documents provided to me by the city and will keep such
documents in safekeeping. Further, upon leaving office or upon request by the city council or
city manager, I will return to the city any privileged or confidential documents or materials
provided to me by the city while serving on the city council.
I will abide by all laws of the State of Florida applicable to my conduct as a
councilmember, including but not limited to the Government in the Sunshine Law, the Florida
Code of Ethics for Public Officers, and city rules of procedure and codes of conduct.
I will promote constructive relations in a positive climate with all city employees, city
attorney, a councilmember, as a
means to enhance the productivity and morale of the city. I will support the city manager's
decision to employ the most qualified persons for staff positions. I will recognize the bona fide
achievements of the city manager, staff, city attorney, city contractors and consultants, business
partners,. and others sharing in, and striving to achieve, the city's mission.
Ln). I will enhance my knowledge and ability to contribute value to the city as a
councilmember by keeping abreast of issues and trends that could affect the city through reading,
continuing education and training. I will study policies and issues affecting the city, and will
attend training programs if required by the city. My continuing goal will be to improve my
performance as a councilmember.
Loh I will value and assist my fellow councilmembers.by exchanging ideas, concerns, and
knowledge through lawful means of communication. I will help build positive community
support for for the city's mission and the policies established by the city council
� I will support and advocate for my beliefs, but will remain open to understanding the
views of others. I recognize that I share in the responsibility for all city decisions and will accept
the will of duly authorized decisions of the city council and city electorate.
Lq). I understand that my first priority as a councilmember will always be to look out for the
best interests of the citizens of the city and the public health, safety and welfare. I will seek to
provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the
affairs and achievements of the citv.
Lr). I will be accountable to the city council for violations of this code of conduct
See. 2-66. - Consideration of matters before council.
(a). The city council shall not take action upon any matter which is not listed upon the
official agenda, unless a majority of the councilmembers present have first consented to the
presentation of the matter for consideration and action.
(b). All items of business shall be considered in accordance with the agenda a-110'a-111-10unced
Any motion shall then be appropriate. Except as prohibited by law,
where discussion is not anticipated on an item, the city manager may add such item to the
consent agenda. The city council may approve en masse all or some items on the consent agenda
by one motion and vote. Any councilmember may request that an item be removed from the
consent agenda. Upon such request, the item will be removed from the consent agenda and
City of Cape Canaveral
Ordinance No. 09-2011
Page 4 of 8
considered immediately following the vote to approve the remaining consent agenda items
unless placed elsewhere on the agenda by council vote. Discussion on consent agenda items will
only be permitted on items removed from the consent agenda.
( c). When a motion is presented and seconded, the motion belongs to the city council as a
body for consideration and disposition unless withdrawn by unanimous consent of the cit
council. While the motion is under consideration, it is and -no motion shall
be received thereafter until the motion is decided, except as authorized under Robert's Rules of
Order including a motion, to adjourn, to recess, to lay on the table, to postpone or to
amend . These motions shall have preference in the order in which
they are mentioned and the motions to adjourn, to recess and to lay on the table shall be decided
without debate. Final action upon a pending motion may be deferred tintil the ne—"'rula
nirefing-by a majority vote of the members present to a date certain or if a date certain is not
provided in the motion, until the next regular meeting.
(d). The presiding officer may move, second and debate from the chair, subject only to such
limitations of debate as are imposed by this division upon all members, and the presiding officer
shall not be deprived of any of the rights and privileges of a councilmember because of his being
the presiding officer.
(e). Every councilmember desiring to speak for any purpose shall confine himself or herself
to the question under debate, avoiding all personalities and indecorous language. A member once
recognized shall not be interrupted when speaking unless the interruption shall be to call the
councilmember to order or as otherwise provided in this division.
(f). Any citizen or interested party present at the meeting may orally petition the presiding
officer to address the council on issues that are being considered by the city council. Permission
shaff
may be granted only after a showing that the subject matter is relevant to the business under
consideration and is significantly informative to the council, unless the matter under
consideration is a public hearing item. In which case, the citizen or interested party shall be
heard when the mayor or presiding councilmember opens the floor for the public hearing. I
such citizen or interested party is speaking as an authorized representative, such person shall also
advise the council of the name of the person, group, business, or organization being represented.
(g). Each person addressing the council shall be required to speak from the podium or at such
other city designated speaker location stand, shall give his or her name and address in an audible
tone for the minutes and, unless further time is granted by the council because the complexity o
the relevant issue raised requires additional consideration by the council., shall limit his or her
address to five minutes. No person other than councilmembers and the person having the floor
shall be permitted to enter into any discussion either directly or through a member of the council
without the permission of the presiding officer. No question shall be asked of councilmembers,
the city manager, city attorney, or staff except through the presiding officer. Councilmembers,
the city manager, city attorney, and staff are not required to respond directly to persons
addressing the council, but may respond in the discretion of the council or as required by law.
(h). Any person making impertinent or slanderous remarks or who becomes boisterous while
addressing the council shall be barred from further audience before the council by the presiding
officer, unless permission to continue or again address the council is granted by the majority of
the council.
(i). Members of the
city council shall have the privilege of closing debate ("call the question") on any pending
motion by obtaining a minimum of 2/3 vote of the city council.
(i)• Disruptive behavior by members of the audience including, but not limited to, fighting,
yelling, throwing or launching projectiles, audible use of electronic devices, and causing loud
noises is strictly prohibited.
(k). Councilmembers shall abide by all applicable voting conflict laws. With respect to
disclosure of voting conflicts, councilmembers shall disclose known conflicts in accordance with
law, provided, however, said disclosure shall be no later than the time that the council first
considers the agenda item in which the voting conflict exists. If the voting conflict is not
discovered until the agenda item is under consideration, disclosure shall be required at such time
the councilmember becomes aware of the voting conflict
(1). It shall be the responsibility of any person deciding to appeal any decision made by the
city council with respect to any matter considered at a public hearing under this section, to insure
that a verbatim record of the proceedings is made, which record shall include the testimony and
evidence upon which any such appeal is to be based
(m). The city council shall afford minimum due process regarding quasi-judicial matters in
accordance with law. The city council may establish detailed written procedures for handling
quasi-judicial matters to the extent deemed necessary to afford minimum due process.
Disclosure of ex parte communications by city councilmembers during quasi-judicial
proceedings shall be in accordance with the procedures and requirements set forth in section
286.0115, Florida Statutes, which are hereby adopted in their entirety.
(n). The mayor or the presiding councilmember shall enforce the rules adopted under this
section. Any person in violation of any of the rules shall first be given a warning of the
violation. Any subsequent violations shall be cause far removal from the chambers by the
sergeant of arms or designee for the remainder of the city council meeting by order of the
mayor, the presiding councilmember or a majority of the city council. Notwithstanding, the
mayor, the presiding councilmember or a majority of the city council may order the immediate
removal of any person from the city council chambers that poses a threat to property or life
safety.
Every regular meeting of the city council shall include a period of time limited to one-
quarter hour for the purpose of a question -and -answer session during which any person from the
City of Cape Canaveral
Ordinance No. 09-2011
Page 6 of 8
audience may direct questions concerning city business or affairs to any member of the council
or officer or official of the city. The limitations and requirements set forth in section 2-66 (g)—aTrd
ftshall apply. In. addition, the following other requirements shall apply:
Lal
If it appears that a matter presented by a speaker during general discussion is
administrative in nature, and the question or matter raised can be adequately answered or
addressed by the city manager or administrative staff, the city council may request, upon
consensus or proper motion and, majority vote, that the _speaker refer the matter to the city
manager or his designee during normal city business hours. If such a referral is made by the city
council, the speaker shall have no further right to present that matter at the meeting. If the
speaker is not adequately satisfied by the city's administrative staff upon proper referral, the
speaker shall have the right to bring the matter in question before the city council during the
general discussion portion of any subsequent regular city council meeting.
in! "Ire I
VALM MIMIM- oil, M-Foll
RIM -IM
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
and like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18 day of
Mme
EMM
For
Bob Hoog
------------
Buzz Petsos
Rocky Randels
Betty Walsh
October 5, 2011
October 18, 2011
Approved as to form and legal sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
EM
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No TICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral, Florida will
hold a Public Hearing for the purpose of discussing
Ordinance No. 09-2011 in the Cape Canaveral Library
Meering Room, 201 Polk Avenue, Cape Canaveral Florida
at 7 P ' M., on Tuesday, October 18, 2011. The Ordinance
may be inspected in its entirety in the City Clerk's office
during business hours (8 30 a.m. to 5 00 p.m Monday -
Friday).
ORDINANCE 09-2011
An Ordinance of the City Council of the City of Cape
Canaveral, Florida amending the City Code regarding
consideration of matters before the City Council in
furtherance of ensuring efficient, effective and decorous
meetings; establishing a Code of Conduct for City Council
Members; providing for the repeal of prior inconsistent
ordinances and resolutions, incorporation into the code,
severability; and an effective date.
Pursuant to Section 286.1015, Florida Statutes, the City
hereby advises the public that: If a person decides to appeal
any decision made by the City Council with respect to any
matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person
might need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law
Persons with disabilities needing assistance to participate in
any of these proceedings should contact the City Clerk's
office (068-1220) 48 hours in advance of the meeting.
AD: 253497
Publication: Florida Today
First Published: 10-05-2011
http://Iegals.flatoday.net/db/display.htm?CMD=DlSPLAY&Id=67237
Page I of I
All
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Item No.—7
Subject: Approve Ordinance No. 10-2011; Adopting a new Chapter 36 of the City
Code to be entitled "Fair Housing;" providing for a declaration of policy to prohibit
discrimination in housing on the basis of race, color, ancestry, national origin, religion,
sex, marital status, familial status, handicap or age; providing definitions; designating as
unlawful certain discriminatory practices in the sale or rental of housing, as well as in
advertising in connection therewith, in the financing of housing, and in brokerage
services related to exceptions; providing for an administrator to be designated by the
City of Cape Canaveral and prescribing the general powers and duties of such
administrator, prescribing action upon a determination of probable cause, and
authorizing the promulgation of forms and regulations; making provisions for the filing of
complaints and responses thereto, and the processing thereof by the administrator;
providing for additional remedies; providing for prohibiting untruthful complaints or false
testimony; providing for penalties for violation of such code; providing for the repeal of
prior inconsistent ordinances and resolutions; incorporation into the Code; severability;
and an effective date.
Department: Community Development Department
Summary: Staff is pursuing funding sources to improve public infrastructure and
implement the Vision Statement as it calls for "Complete Streets" in Cape Canaveral.
One of the funding sources available to the City is the Community Development Block
Grant (CDBG) Program. This Program is managed by the State of Florida through the
Department of Economic Opportunity (DEO). Because of the job creation associated
with the recently approved Casa Canaveral Assisted Living Facility (ALF), the City is
eligible for an Economic Development Grant of approximately $700,000. If awarded,
monies will be used to upsize sanitary sewer lines and the lift station in order to
accommodate increased flows from the ALF. In addition, funds will be used to
transform West Central Boulevard into a "Complete Street". The roadway surface will
be milled, a new layer of asphalt added, curbs will be replaced, and lanes narrowed
from 20' to 16' to include 12' wide travel lanes and 4' wide bicycle lanes. An 8' wide
pedway will be constructed on the north side of the roadway, a 6' wide sidewalk
constructed on the south side, street furniture, transit stop, solar street lighting and
enhanced landscaping will also be provided.
Staff considers this to be a "signature" project that will set the standard for future
development in the City. It will also provide greater awareness and access to Manatee
Sanctuary and Banana River Parks.
Fred Fox Enterprises has been retained to assist with the application and administration
of the grant. Patrick Howard, CDBG program administrator for DEO, has visited the
City and has said the portion of West Central from Al A to the west entrance to the ALF
will be eligible for funding subject to meeting CDBG Program requirements.
As part of the application process, certain policies must be adopted by the City to
satisfy/meet Federal and State requirements. At the September 20, 2011 City Council
Meeting, Resolution Nos. 2011-20, 21, 22 and 23 were adopted and Ordinance No. 10-
City Council Meeting Date: 10/18/2011 Page 2 of 2
Item No.
Continued
.... ...._.............. .... ... .... .......... .............. .,.-�. -------1-1.1 ,, - _.__ _...................... w...w
2011 which establishes a Fair Housing Policy had a first reading. A Public Hearing is
required for the second reading of Ordinance No. 10-2011 described below:
Ordinance No. 10-2011 — Adopts a Fair Housing Policy for the City that prohibits
discrimination in housing based on race, color, ancestry, national origin, religion, sex,
marital status, familial status, handicap, or age. The Ordinance provides for definitions
of unlawful housing policies, designates the City Manager or designee as administrator,
and establishes a procedure for processing complaints. The Economic Development
Grant that the City is applying for does not involve Fair Housing issues.
The Notice of Public Hearing for Ordinance No. 10-2011 appeared in the Florida Today
newspaper October 6, 2011.
Submitting Department Director: Barr rV Brown 0 Date: 10/10/2011
....... ce....No. 10-2011; Proof of Publication ...................._. ....._.� .........._...._.......
...�.. .�.....
Attachments: Ordinance ................................................._....._................. _.... ...._........w _._.._........
Financial Impact: This will not cost the City, but will open doors for the City to qualify
for funding to advance the Council's goals. ,,--w eel
Reviewed lB® Date:_j
.y..... C
The Ci Manager recommends that City Council taowing action
(s
Adopt Ordinance No. 10-2011.
Approved b� City Manager: David L. Greene Date: / `® )1
_.._..............................__............... ........._.........__._..._..�...........�.........._ _
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
F 1 Tabled to Time Certain
ORDINANCE NO. 10-2011
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ADOPTING A NEW CHAPTER 36 OF THE CITY
CODE TO BE ENTITLED "FAIR HOUSING;" PROVIDING
FOR A DECLARATION OF POLICY TO PROHIBIT
DISCRIMINATION IN HOUSING ON THE BASIS OF RACE,
COLOR, ANCESTRY, NATIONAL ORIGIN, RELIGION, SEX,
MARITAL STATUS, FAMILIAL STATUS, HANDICAP OR
AGE; PROVIDING DEFINITIONS; DESIGNATING AS
UNLAWFUL CERTAIN DISCRIMINATORY PRACTICES IN
THE SALE OR RENTAL OF HOUSING, AS WELL AS IN
ADVERTISING IN CONNECTION THEREWITH, IN THE
FINANCING OF HOUSING, AND IN BROKERAGE
SERVICES RELATED TO EXCEPTIONS; PROVIDING FOR
AN ADMINISTRATOR TO BE DESIGNATED BY THE CITY
OF CAPE CANAVERAL AND PRESCRIBING THE
GENERAL POWERS AND DUTIES OF SUCH
ADMINISTRATOR, PRESCRIBING ACTION UPON A
DETERMINATION OF PROBABLE CAUSE, AND
AUTHORIZING THE PROMULGATION OF FORMS AND
REGULATIONS; MAKING PROVISIONS FOR THE FILING
OF COMPLAINTS AND RESPONSES THERETO, AND THE
PROCESSING THEREOF BY THE ADMINISTRATOR;
PROVIDING FOR ADDITIONAL REMEDIES; PROVIDING
FOR PROHIBITING UNTRUTHFUL COMPLAINTS OR
FALSE TESTIMONY; PROVIDING FOR PENALTIES FOR
VIOLATION OF SUCH CODE; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City desires to establish a Community Development Block Grant
("CDBG") Program, by which the City may apply for federal grant monies to carry out a wide range
of community development activities directed toward revitalizing neighborhoods, economic
development, and providing improved community facilities and services; and
WHEREAS, the City is required to administer its CDBG Program in a manner to
affirmatively further the policies of the Fair Housing Act, 42 U.S.C. §§ 3601 - 3620; and
,.
Ordinance No10-2011
.. I of 12
WHEREAS, the City desires to adopt these fair housing regulations as part of its City Code
to affirmatively further the policies of the Fair Housing Act; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Adoption of Chapter 36, Fair Housing. The City Council of the City of
Cape Canaveral hereby adopts the following as Chapter 36, Fair Housing, of the Cape Canaveral
Code of Ordinances:
F111111V N lei 0 am 10IL"W0101 "I"., -
See. 36-1. Declaration of policy.
It is the policy of the City of Cape Canaveral in keeping with the laws of the United States
of America and the spirit of the Constitution of the State of Florida, to promote, through fair, orderly
and lawful procedure, the opportunity for each person so desiring to obtain housing of such person's
choice in this jurisdiction without regard to race, color, ancestry, national origin, religion, sex,
marital status, familial status, handicap or age, and, to that end, to prohibit discrimination in housing
by any person.
As used in this chapter, the following words shall be defined as follows:
Administrator: The administrator shall be the Cape Canaveral City Manager or his or her
designee.
Age: Unless the context clearly indicates otherwise, the work age as used herein shall refer
exclusively to persons who are 18 years of age or older.
Discriminatory housing practice: An act that is unlawful under section 36-21, herein.
Family: One or more persons living together as a single housekeeping unit in a dwelling.
City of Cape Canaveral
Ordinance No. 10-2011
Page 2 of 12
Housing or housing accommodation: Any building, structure, or portion thereof, mobile
home or trailer, or other facility which is occupied as, or designed or intended for occupancy as, a
residence by one or more families, and any vacant land which is offered for sale or lease for the
construction or location thereon of any such building, structure, or portion thereof, mobile home or
trailer or other facility.
Lending institution: Any bank, insurance company, savings and loan association or any other
person or organization regularly engaged in the business of lending money, guaranteeing loans, or
sources of credit information, including, but not limited to credit bureaus.
Owner: Any person, including, but not limited to a lessee, subleasee, assignee, manager, or
agent, and also including the City and its departments or other subunits, having the right of
ownership or possession or the authority to sell or lease any housing accommodation.
Person: One or more individuals, corporations, partnerships, associations, labor
organizations, legal representatives, mortgage companies, joint stock companies, trusts,
unincorporated organizations, or public corporations, including, but not limited to the City or any
department or subunit thereof.
Real estate agent: Any real estate broker, any real estate salesperson, or any other person,
employee, agent, or otherwise, engaged in the management or operation of any real property.
Real estate bi-oker or salesperson: A person, whether licensed or not, who, for or with the
expectation of receiving a consideration, lists, sells, purchases, exchanges, rents, or leases real
property, or who negotiates or attempts to negotiate any of these activities, or who holds himself or
herself out as engaged in these activities, or who negotiates or attempts to negotiate a loan secured
or to be secured by mortgage or other encumbrance upon real property, or who is engaged in' the
business of listing real property in a publication; or a person employed by or acting on behalf of any
of these.
Real estate transaction: Includes the sale, purchase, exchange, rental or lease ofreal property,
and any contract pertaining thereto.
Rent: Includes leases, sublease, assignment and/or rental, including any contract to do any
of the foregoing, or otherwise granting for a consideration the right to occupy premises that are not
owned by the occupant.
Respondent: Any person against whom a complaint is filed pursuant to this chapter.
Sale: Includes any contract to sell, exchange, or to convey, transfer or assign legal or
equitable title to, or a beneficial interest in, real property.
WMM.•^ _
Ordinance No. 10-2011
Page 3 of 12
(a) General powers and ditties. The administrator shall:
(1) Receive written complaints as hereinafter provided in section 36-4, herein
relative to alleged unlawful acts under this chapter when a complainant seeks the
-administrator's good offices to conciliate.
(2) Upon receiving written complaint, make such investigations as the
administrator deems appropriate to ascertain facts and issues.
(3) Utilize methods of persuasion, conciliation, and meditation or information
adjustment of grievances.
(4) Establish, administer or review programs at the request of the City Council
and make reports on such programs to the City Council.
(5) Bring to the attention of the City Council items that may require City Council
notice or action to resolve.
(6) Render to the City Council annual written reports of his or her activities under
the provisions of this chapter along with such comments and recommendations as he
or she may choose to make.
(7) Cooperate with and render technical assistance to federal, state, local and
other public and private agencies, organizations and institutions which are
formulating or carrying on programs to prevent or eliminate the unlawful
discriminatory practices covered by the provisions of this chapter.
(b) Determination of probable cause. If, after fully processing the complaint in the
manner hereafter provided, the administrator determines that there is probable cause to
believe that there has been a violation of the provisions of this chapter, the administrator
shall refer the matter, along with the facts he or she has gathered in the investigations, to the
proper county, state or federal authorities for appropriate legal action.
( c) Promulgation offorins and regulations. The administrator shall promulgate, publish
and distribute the necessary forms, rules and regulations to implement the provisions of this
chapter.
Sec. 36-4. Complaints.
(a) A person who claims that another person has committed a discriminatory housing
practice against him or her may report that offense to the administrator by filing an informal
complaint within forty-five (45) days after the date of the alleged discriminatory housing
City of Cape Canaveral
Ordinance No. 10-2011
Page 4 of 12
practice and not later.
(b) The administrator shall treat a complaint referred by the Secretary of Housing and
Urban Development or the Attorney General of the United States under the Fair Housing Act
of 1968, Public Law 90-284, as an informal complaint filed under subsection (a).
( c) An informal complaint must be in writing, verified or affirmed, on a form to be
supplied by the administrator and shall contain the following:
(1) Identity and address of the respondent.
(2) Date of offense and date of filing the informal complaint.
(3) General statement of facts of the offense including the basis of the
discrimination (race, color, ancestry, national origin, religion, sex, marital status,
familial status, handicap or age).
(4) Name and signature of the complainant.
(d) Each complaint shall be held in confidence by the administrator unless and until the
complainant and the respondent(s) consent in writing that it shall be made public.
(e) Within fifteen (15) days after the filing of the informal complaint, the administrator
shall transmit a copy of the same to each respondent named therein by certified mail, return
receipt requested. Thereupon, the respondent(s) may file a written, verified informal answer
to the informal complaint within twenty (20) days of the date of the receipt of the informal
complaint.
(f) An informal complaint or answer may be amended at any time, and the administrator
shall furnish a copy of each amended informal complaint or answer to the respondent(s)
complaint, respectively, as promptly as practicable.
(g) The administrator shall assist complainants or respondents when necessary in the
preparation and filing of informal complaints or answers or any amendments thereto.
(h) The administrator shall advise complainants of their rights and options provided in
section 760.34, Florida Statutes.
See. 36-5. Processing complaints.
(a) Within thirty (30) days after the filing of an informal complaint, the administrator
shall make such investigation as is deemed appropriate to ascertain facts and issues. If the
administrator shall deem that there are reasonable grounds to believe that a violation has
occurred and can be resolved by conciliation, the administrator shall attempt to conciliate the
City of Cape Canaveral
Ordinance No. 10-2011
Page 5 of 12
matter by methods of initial conference and persuasion with all interested parties and such
representatives as the parties may choose to assist them. Conciliation conferences shall be
informal and nothing said or done in the course of the informal conference with the
individuals to resolve the dispute may be public or used as evidence in a subsequent
proceeding by either party without the written consent of both the complainant and the
respondent(s). The administrator or employee of the administrator who shall make public any
information in violation of this provision shall be deemed guilty of a violation of a city
ordinance and shall be subject to penalty as set forth in section 36-9 of this chapter.
(b) If the parties desire to conciliate, the terms of the conciliation shall be reduced to
writing in the form approved by the administrator and must be signed and verified by the
complainant and respondent(s) and approved by the administrator. The conciliation
agreement shall be for conciliation purposes only and shall not constitute an admission by
any party that the law has been violated.
( c) If the administrator deems that there is not probable cause to believe that the alleged
discriminatory housing practice has been committed, the administrator shall take no further
action with respect to the alleged offense.
(d) If the administrator, with respect to any matter involves a contravention of this
chapter by failure to conciliate a complaint after the parties, in good faith, have attempted
such conciliation; or determining that the violation alleged in the complaint cannot be
resolved by conciliation, the administrator shall notify both the complainant and the
respondent(s) within thirty (30) days of the failure or the determination, and then shall
proceed as provided in section 36-3( c) herein.
Sec. 36-6. Additional remedies.
The procedure prescribed by this chapter does not constitute an administrative prerequisite
to another action or remedy available under other law. Further, nothing in this chapter shall be
deemed to modify, impair or otherwise affect any right or remedy conferred by the Constitution or
laws of the United States or the State of Florida, and the provisions of this chapter shall be in
addition to those provided by such other laws.
I I I � I 11111111 !11 1111111111111 11111111111111 1111 1 111111 1 1 1
The administrator may conduct educational and public informational activities that are
designed to promote the policy of this chapter.
Sec. 36-8. Untruthful complaints or testimony.
It shall be a violation of this chapter for any person knowingly and willfully to make false
or untrue statements, accusations or allegations in a complaint filed hereunder or to give false
testimony concerning violations of this chapter.
City of Cape Canaveral
Ordinance No. 10-2011
Page 6 of 12
Sec. 36-9. Penalty.
This chapter, except far section 36-8, shall not be covered by the general penalty for violation
of this Code. It is the intention that violations of this chapter shall be resolved by the procedures
provided for within this chapter or by application of the laws and Constitution of the State of Florida
and the United States.
Sec. 36-21. Unlawful housing practices.
(a) Sale or rental and advertising in connection therewith. Except as provided in section
36-22 herein, it shall be unlawful and a discriminatory housing practice for an owner, or any
other person engaging in a real estate transaction, or for a real estate broker, as defined in this
chapter, because of race, color, ancestry, national origin, religion, sex, marital status, familial
status, handicap or age:
(1) To refuse to engage in a real estate transaction with a person or to otherwise
make unavailable or deny housing to any person.
(2) To discriminate against a person in the terms, conditions or privileges of a
real estate transaction or in the furnishing of facilities or services in connection
therewith.
(3) To refuse to receive or to fail to transmit a bona fide offer to engage in a real
estate transaction from a person.
(4) To refuse to negotiate for a real estate transaction with a person.
(5) To represent to a person that housing is not available for inspection, sale,
rental or lease when, in fact, it is so available, or to fail to bring a property listing to
such person's attention, or to refuse to permit him or her to inspect the housing.
(6) To steer any person away from or to any housing.
(7) To make, print, publish, circulate, post or mail, or cause to be made, printed,
published or circulated, any notice, statement, advertisement or sign, or to use a form
of application or photograph for a real estate transaction or, except in connection with
a written affirmative action plan, to make a record or oral or written inquiry in
connection with a prospective real estate transaction, which indicates directly or
indirectly an intent to make a limitation, specification, or discrimination with respect
thereto.
City of Cape Canaveral
Ordinance No. 10-2011
Page 7 of 12
(8) To offer, solicit, accept, use or retain a listing of housing with the
understanding that a person maybe discriminated against in a real estate transaction
or in the furnishing of facilities or services in connection therewith.
(9) To induce or attempt to induce any person to transfer an interest in any
housing by representations regarding the existing or potential proximity of housing
owned, used or occupied by any person protected by the terms of this chapter.
(10) To make any misrepresentations concerning the listing for sale or rental, or
the anticipated listing for sale or rental, or the sale or rental of any housing in any
area in the City of Cape Canaveral for the purpose of inducing or attempting to
induce any such listing or any of the above transactions.
(11) To retaliate or discriminate in any manner against any person because of his
or her opposing a practice declared unlawful by this chapter, or because he or she has
filed a complaint, testified, assisted or participated in any manner in any
investigation, proceeding or conference under this chapter.
(12) To aid, abet, incite, compel or coerce any person to engage in any of the
practices prohibited by the provisions of this chapter, or to obstruct or prevent any
person from complying with the provisions of this chapter, or any conciliation
agreement entered into thereunder.
(13) By canvassing to compel any unlawful practices prohibited by the provisions
of this chapter.
(14) Otherwise to deny to, or withhold, any housing accommodations from a
person.
(15) To promote, induce, influence or attempt to promote, induce or influence by
the use of postal cards, letters, circulars, telephone, visitation or any other means,
directly or indirectly, a property owner, occupant, or tenant to list for sale, sell,
remove from, lease, assign, transfer, or otherwise dispose of any housing by referring
as a part of a process or pattern of indicating neighborhood unrest, community
tension, or fear of racial, color, religious, nationality or ethnic change in any street,
block, neighborhood or any other area, to the race, color, religion, neighbors, tenants
or other prospective buyers of any housing.
(16) To place a sign or display any other devise either purporting to offer for sale,
lease, assignment, transfer or other disposition or tending to lead to the belief that a
bona fide offer is being made to sell, lease, assign, transfer or otherwise dispose of
any housing that is not in fact available or offered for sale, lease, assignment, transfer
or other disposition.
Ordinance No. 10-2011
Page 8 of 12
(b) Financing. It shall be unlawful and a discriminatory housing practice for any lending
institution, to deny a loan or other financial assistance to a person applying therefore for the
purpose of purchasing, constructing, improving, repairing or maintaining housing, or to
discriminate against such person in the fixing of the amount, interest rate, duration, or other
terms or conditions of such loan or other financial assistance, because of the race, color,
ancestry, national origin, religion, sex, marital status, familial status, handicap or age of such
person or of any person associated with such person in connection with such loan or other
assistance, or of the present or prospective owners, lessees, tenants or occupants of the
housing in relation to which such loan or other financial assistance is to be made or given;
provided that nothing contained in this subsection shall impair the scope or effectiveness of
the exceptions contained in section 36-22 of this chapter.
( c) Brokerage Services. It shall be unlawful and a discriminatory housing practice to
deny any person access to or membership or participation in any multiple listing service, real
estate brokers organization or other service, organization, or facility related to the business
of selling, or renting housing, or to discriminate against such person in the terms or
conditions of such access, membership or participation because of race, color, ancestry,
national origin, religion, sex, marital status, familial status or age.
Sec. 36-22. Exemptions and exceptions.
(a) Nothing contained in section 36-21 herein shall prohibit a religious organization,
association, or society, or any nonprofit charitable or educational institution or organization
operated, supervised or controlled by or in conjunction with a religious organization,
association, or society, from limiting or fiom advertising the sale, rental or occupancy of
housing which it owns or operates for other than a commercial purpose to persons of the
same religion, or from giving preference to such persons. Nor shall anything in this chapter
prohibit a private club not in fact open to the public, which as an incident to its primary
purpose or purposes, provides lodgings which it owns or operates for other than a
commercial purpose, from limiting the rental or occupancy of such lodgings to its members
or from giving preference to its members.
(b) Nothing in section 36-21 herein, other than subsection (a)(7) thereof, shall apply to:
(1) Any single-family house sold or rented by an owner: provided, that such
private individual owner does not own more than three such single family houses at
any one time; provided, further, that in the case of the sale of any such single family
house by a private individual owner not residing in such house at the time of such
sale or who was not the most recent resident of such house prior to such sale, the
exemption granted by this subsection shall apply only with respect to one such sale
within any twenty-four month period; provided, further, that it does not own any
interest in, nor is there owned or reserved on such owner's behalf, under any express
or voluntary agreement, title to or any rights to all or a portion of the proceeds from
the sale or rental of, more than three such single-family houses at any one time;
City of Cape Canaveral
Ordinance No. 10-2011
Page 9 of 12
provided, further, that the owner sells or rents such housing (1) without the use in any
manner of the sales or rental facilities or the sales or rental services of any real estate
broker, agent, or salesperson, or of such facilities or services of any person in the
business of selling or renting housing, or of any employee or agency of any such
broker, agent, salesperson, or person and (2) without the publication, posting, or
mailing, after notice, of any advertisement or written notice in violation of section
36-21(a)(7) herein, but nothing in this provision shall prohibit the use of attorneys,
escrow agents, abstracters, title companies, and other such professional assistance as
necessary to perfect or transfer the title; or
(2) Rooms or units in housing containing living quarters occupied or intended to
be occupied by no more than four families living independently of each other, if the
owner actually maintains and occupies one of such living quarters as such owner's
residence, provided that the owner sells or rents such rooms or units (1) without the
use in any manner of the sales or rental services of any real estate broker, agent or
salesperson, or of such facilities or services of any person in the business of selling
or renting housing, or of any employee or agency of any such broker, agent
salesperson, or person and (2) without the publication, posting or mailing, after
notice in violation of subsection (a)(7) of section 36-21 herein, but nothing in this
provision shall prohibit the use of attorneys, escrow agents, abstracters, title
companies, and other such professional assistance as necessary to perfect or transfer
the title.
( c) For the purpose of this subsection a person shall be deemed to be in the business of
selling or renting housing if:
(1) He or she has, within the preceding twelve months, participated as principal,
other than in the sale of his or her own personal residence, in providing sales or rental
facilities or sales or rental services in three or more transactions involving the sale
or rental of any housing or any interest therein; or
(2) He or she has, within the preceding 12 months, participated as agent, other
than in the sale of his or her own personal residence, in providing sales or rental
facilities or sales or rental services in two or more transactions involving the sale or
rental of any housing or any interest therein; or
(3) He or she is the owner of any housing designed or intended for occupancy by,
or occupied by, five (5) or more families.
(d) Nothing in Section 4 hereof shall be construed to:
(1) Bar any person from restricting sales, rentals, leases or occupancy, or from
giving preference, to persons of a given age for bona fide housing intended solely for
the elderly or bona fide housing intended solely for minors.
City of Cape Canaveral
Ordinance No. 10-2011
Page 10 of 12
(2) Make it an unlawful act to require that a person have legal capacity to enter
into a contract or lease.
(3) Bar any person from advertising or from refusing to sell or rent any housing
which is planned exclusively for, and occupied exclusively by, individuals of one
sex, to any individual of the opposite sex.
(4) Bar any person from selling, renting or advertising any housing which is
planned exclusively for, and occupied exclusively by, unmarried individuals to
unmarried individuals only.
(5) Bar any person from advertising or from refusing to sell or rent any housing
which is planned exclusively for married couples without children or from
segregating families with children to special units of housing.
(6) Bar any person fiom refusing a loan or other financial assistance to any
person whose life expectancy, according to generally accepted mortality tables, is less
than the term for which the loan is requested.
I I I', a . .
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
October, 2011.
ANGELA APPERSON, City Clerk Bob Hoog
First Reading: September 20, 2011
Oobe
Legal Ad published: ctr 6, 2011
Second Reading: October 18, 2011
I i I
morwim glasill
MM92=
EIMER=
Ordinance No. 10-2011
Page 12 of 12
Print Window Close Windovv
AD#253751 j0/06/2011
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral, Florida Wit
hold a Public Hearing for the purpose of discussing
Ordinance No. 10-2011 in the Cape Canaveral Library
Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida
at 7 P.M., on Tuesday, October 18, 2011. The Ordinance
may be inspected in its entirety in the City Clerk's office
during business hours (8:30 a.m. to 5:00 p.m., Monday-
Fddsy).
ORDINANCE 10-2011
An Ordinance of the City of Cape Canaveral, Florida,
adopting a new chapter 36 of the city code to be entitled
'Fair !-lousing"; providing for a declaration of policy to
prohibit discrimination in housing on the basis of race, color,
ancestry, national origin, religion, sex, marital status, familial
status, handicap or age; providing definitions; designating
as unlawful certain discriminatory practices in the sale or
rental of housing, as well as in advertising in connection
therewith, in the financing of housing, and in brokerage
services related to exceptions; providing for an administrator
to be designated by the City of Cape Canaveral and
prescribing the general powers and duties of such
administrator, prescribing action upon a determination of
probable cause, and authorizing the promulgation of forms
and regulations; making provisions for the filing of
complaints and responses thereto, and the processing
thereof by the administrator; providing for additional
remedies; providing for prohibiting untruthful complaints or
false testimony; providing for penalties for violation of such
code: providing for the repeal of prior inconsistent
ordinances and resolutions; incorporation into the code
severaWifty; and an effective date.
Pursuant to Section 286.1015, Florida Statutes, the City
hereby advises the public that: If a person decides to appeal
any decision made by the City Council with respect to any
matter considered at Oils meeting, that person will need a
record of the proceedings, and for such purpose that person
might need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in
any of these proceedings should contact the City Clerk's
office (869-1220) 48 hours in advance of the meeting.
AD#: 253751
Publication: Florida Today
First Published: 10-06-2011
http://Iegals.flatoday.net/db/display.htm?CMD=DISPLAY&ld=67291 I OI 10,,'2011
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Item No.
Subject: Approve Ordinance No. 11-2011; providing for a Referendum Election
and
Ballot Language for the January 31, 2012 Special Election; providing a referendum
question proposing a revision to Section 2.06(c) of the City Charter related to filling
vacancies on the City Council; providing for a notice of City of Cape Canaveral Charter
Referendum Question; providing for coordination with the Supervisor of Elections;
providing for severability, and an effective date.
Department: Legislative
Summary: The Charter Review Committeero osed amendments p p is to Section 2.06(c)
of the City Charter during its review in 2009/2010. The amendments were adopted by
the voters in November 2010. The Charter requires a Special Election be conducted to
fill the vacant seat. Special elections are very costly and the City Council has proposed
holding a Referendum Election so the voters can consider eliminating the requirement
for a special election to fill a vacancy on the City Council.
The Ordinance was passed at first reading on October 4, 2011 and the Notice of Public
Hearing was published October 7, 2011.
.........Submitting..__..__....P _ .._... .........._..._... 9 pP ... ... .. ......... ....... 1 a
Ata
Attachment(s): Ordinance Director:11- 011; Proof of Publication Date: 10 11 1
..._._.. ......... Y9 __.... _ ..__ ..p.......p........ ..... 1
Financial Impact: Attorney's fees for Ordinance preparation; cost of advertisement
....
and codification, all can be paid for within the existing bud e
Reviewed by Cit Treasurer Andrea Bowers Date / l' r .....
The Cit Manager recommends that City Council t
City — ake following action(s):
Approve Ordinance No. 11-2011.
Approved by City Manager: David L. Greene m ....___ Dater 'L
"L.1 .........
City Council Action: [ ] Approved as Recommended [ ] Disapproved
] Approved with Modifications
Tabled to Time Certain
ORDINANCE NO. 11-2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
PROVIDING FOR A REFERENDUM ELECTION AND
BALLOT LANGUAGE FOR THE JANUARY 31, 2012
SPECIAL ELECTION; PROVIDING A REFERENDUM
QUESTION PROPOSING A REVISION TO SECTION 2.06(c)
OF THE CITY CHARTER RELATED TO FILLING
VACANCIES ON THE CITY COUNCIL; PROVIDING FOR A
NOTICE OF CITY OF CAPE CANAVERAL CHARTER
REFERENDUM QUESTION; PROVIDING FOR
COORDINATION WITH THE SUPERVISOR OF
ELECTIONS; PROVIDING FOR 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, a majority of the electors of the City of Cape Canaveral recently approved an
updated and reorganized City Charter based substantially on the latest edition of the National Civic
League's Model City Charter; and
WHEREAS, the Charter calls for a special election under certain circumstances to fill
vacancies on the City Council; and
WHEREAS, the City expends a significant amount of time and money to prepare for and
conduct a special election, especially in the event the City is unable to coordinate with the Brevard
County Supervisor of Elections for the special election due to the Supervisor's various other federal
and state election responsibilities; and
WHEREAS, the City Council desires to propose a revision to Section 2.06( c) of the City
Charter in order to allow the City Council to make an appointment to fill a vacant Council seat until
the seat can be filled during the next general election; and
WHEREAS, the City Council finds that the proposed referendum ballot question should be
submitted to the City electorate for its consideration and final approval or disapproval; 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.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
City of Cape Canaveral
Ordinance No. 11-2011
Page 1 of 4
SECTION 1. Referendum Election. A referendum election is hereby called and scheduled to be
held on the 31 st day of January, 2012 to determine whether the ballot question appearing in Section
2 herein shall be approved by a majority of the votes cast in such election in which qualified electors
residing in the City shall participate. Such referendum election shall be held and conducted in the
manner prescribed by applicable law. The places for voting in such referendum election shall be
such locations as shall otherwise be established for the special election on January 31, 2012. All
duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election.
i i I, 1831MV �
(A) Proposed Amendment to the City Charter. It is proposed that Section 2.06(c), Filling
of Vacancies, of the Charter of the City of Cape Canaveral, Florida shall be amended to read
as follows underlined text indicates an addition to the existing text of the City Charter and
text indicates a deletion from the existing text of the City Charter):
( c) Filling of Vacancies. Upon occurrence of a vacancy on the
city council, the city council, by majority vote of all its remaining
members, shall appoint a qualified person to fill the vacancy until the
vacancy is filled at the next general election by-election. Said
appointment shall occur within 30 90 days of the vacancy. At the
next general election, the vacant position shall be filled by a vote of
the electors for the remainder of the original term. Any
councilmember so elected shall take office immediately upon election_
at the next scheduled city council meeting.
Liall 90 tiom the date 1- 9
vacancy shal't De 1.111-M-at-salu-'el%leti- 9
9
Notwithstanding the
requirements in section 2.11(c), if at any time the membership of the
city council is reduced to less than four (4), the remaining members
may, by majority action, appoint additional members to raise the
membership to five (5).
(B) Ballot Question. Concurrent with the special election scheduled for January 31,
2012, the following question shall be placed on the ballot:
FILLING COUNCIL VACANCIES
This amendment modifies the procedure for filling a vacancy on the
City Council. Under the current procedure, a special election is
required in certain cases. The amendment, if approved, would require
that in all cases where a Council vacancy occurs, the remaining
members of the Council will make an appointment until the next
general election, thereby eliminating the need for a special election in
certain cases.
Yes, For Charter Amendment
No, Against Charter Amendment
SECTION 3. Coordination with Supervisor of Elections. The City Clerk is hereby authorized
and directed, to the extent feasible, to instruct and coordinate with the Supervisor of Elections of
Brevard County to include the above-described questions on the ballot concurrent with the special
election to be held on January 31, 2012.
SECTION 4. Notice of Referendum Election. General notice shall be first published at least
thirty (30) days prior to the January 31, 2012 special election. The publication of said notice shall
be made at least twice, once in the fifth week and once in the third week prior to the week in which
the election is held, in the manner provided in section 100.342, Florida Statutes.
SECTION 5. Payment of Referendum Expenses. The City Manager is hereby authorized and
directed to approve the payment of lawful expenses associated with conducting the City Charter
referendum election.
SECTION 6. Voter Registration Books. The Supervisor of Elections of Brevard County is
hereby authorized and requested to furnish to the inspectors and clerks at each place where the votes
are to be cast in such City Charter referendum, applicable portions of the registration books or
certified copies thereof showing the names of the qualified electors residing in the City of Cape
Canaveral.
SECTION 7. Election Administration. The City Charter referendum shall be held and conducted
in the manner prescribed by law and shall be, as soon as practicable, returned and canvassed in the
manner prescribed by law. The result shall show the number of qualified electors who voted at such
Charter referendum and the number of votes cast respectively for and against approval of the
proposed amendment to the City Charter. Upon certification in the manner prescribed by law, the
results shall be recorded in the minutes of the City Council of the City of Cape Canaveral and upon
this Ordinance.
SECTION 8. Severability. Should any section or provision of this Ordinance, or any portion
hereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof
to be declared invalid.
SLOW �1�
SECTION 9. Recitals. The foregoing recitals contained in the whereas clauses are hereby fully
incorporated herein by this reference as material legislative findings of the City Council of the City
of Cape Canaveral.
MrSAVE4101UNDIMUM ITT
100010 M—
ecific ballot
question. The City Clerk is directed upon adoption of the proposed ballot proposal to promptly file
i i *rx0vPappxw4
Department of State, as required by Section 166.03 1, Florida Statutes.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of
October, 2011.
ulm D1 wyj U U
First Reading: October 4, 2011
Legal Ad published: October 7, 2011
Second Reading: October 18, 2011
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Filling of"Tacancies
F4r Amending the Charter:
John Bond
Bob Hoag
Buzz Petsos
Rocky Randels
Betty Walsh
For Against
View Legal Ad# 253787
Print Window Close Window
AD #253787,1 0107/2 01 1
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral, Florida will
hold a Public Hearing for the purpose of discussing
Ordinance No. 11-2011 in the Cape Canaveral Library
Meeting Room, 201 Polk Avenue, Cape Canaveral, Florida
at 7 P.M., on Tuesday, October 18, 2011. The Ordinance
may be inspected in its entirety in the City Clerk's office
during business hours (8:30 a.m. to 5 00 p in Monday.
Friday).
ORDINANCE 11 -2011
An Ordinance of the City Council of the City of Cape
Canaveral, Brevard County, Florida; providing for a
Referendum Election and Ballot Language for the January
31, 2012 Special Election; providing a Referendum
Question proposing a revision to Section 2.06(c) of the City
Charter related to filling vacancies on the City Council,
providing for a Notice of City of Cape Canaveral Charter
Referendum Question; providing for coordination with the
Supervisor of Elections; providing for severability, and an
effective date.
Pursuant to Section 286 1015, Florida Statutes, the City
hereby advises the public that: If a person decides to appeal
any decision made by the City Council with respect to any
matter considered at this meeting, that person will need a
record of the proceedings, and for such purpose that person
might need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based. This
notice does not constitute consent by the City for the
introduction or admission into evidence of otherwise
inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law
Persons with disabilities needing assistance to participate in
any of these proceedings should contact the City Clerk's
office (868-1220) 48 hours in advance of the meeting.
AD*-. 253787
Publication: Florida Today
First Published: 10-07-2011
http://legals.flatoday.net/db/display.htm?CMD=DISPLAY&ld=67302
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 10/18/2011
Item No.
Subject: Discussion - Dog Park
Department: Leisure Services
Summary:
Interest in a Cape Canaveral Dog Park was initiated during the "Envision Cape
Canaveral' workshops beginning in May 2009. During that time, Manatee Sanctuary
Park was identified as a potential site. City Council unanimously accepted the "Envision
Cape Canaveral' Report on January 19, 2010. The Report identified a Dog Park as the
second choice in principle themes, naming Manatee Park as the number one location
for this Park. Grant funding agencies for Manatee Park, Florida Recreation
Development Assistance Program (FRDAP) and Florida Communities Trust (FCT),
supported a Dog Park being developed at this location as long as the grant funded
amenities were not disturbed.
The Recreation Advisory Board supported a Dog Park at Manatee Park in a 3-2 vote at
its September 28, 2010 Meeting.
A Dog Park presentation was made to City Council at the October 19, 2010 Meeting.
The presentation included 3 options that included additional parking, restrooms,
conceptual drawings, itemized costs and additional funding support through a private
citizen volunteer group identified as "Friends of Laika Dog Park". The total cost
estimate for the presented Park with full amenities was $202,239.20. A consensus was
reached to support a Dog Park Concept, but more information was requested before
moving forward any further.
The following areas have been researched and considered as possible options for
proposed Dog Park locations in Cape Canaveral:
Xeriscape Park (Taylor Ave., between City Hall and Recreation Complex) - .33 acres of
City owned land provides room for a small, but adequate, Dog Park, according to
American Kennel Club (AKC) standards referencing park sizes and populations (up to'/2
acre is adequate for population up to 10,000). City Staff currently maintains Xeriscape
Park, including removal of trash. No lawn maintenance would be required as the
ground cover consists of leaves. On-site parking and restroom facilities are available at
the Recreation Complex.
Radisson Parcel (Thurm Blvd. west of Fairvilla) — 2 acres provides plenty of space, but
is not owned by the City. The property owner offered the City a 5-10 year lease at
$1.00 per year, but would require an "out clause" in the event a need arises for the use
of the property. Adequate parking is available. Restroom facilities would be required,
along with extensive landscaping.
City Council Meeting
Date: 10/18/?Q 11
Item No.
Continued
Page2of3
Manatee Sanctuary Park (701 Thurm Blvd.) - .90 acres of City owned land provides
room for a .65 acre area for large dogs and .25 acre area for small dogs. The fence line
along the perimeter of Public Works can be relocated 40 feet south, allowing more room
for the Dog Park and moving further away from residential areas. The newly developed
stormwater retention pond does not interfere with the original proposed plan presented
for the Dog Park. The proposed .90 acres is vacant land that has no other future uses.
City Staff currently maintains Manatee Park, including removal of trash. Parking and
restroom facilities are located at the north end of the Park.
Banana River Park (901 Puerto del Rio Dr.) — 5 acres provides plenty of space for
large and small dogs. Development would disturb existing park amenities, causing
potential issues with FCT and FRDAP (grant funding agencies). Parking is available at
the north end of the Park. Restroom facilities would be required, along with extensive
landscaping.
The "Friends of Laika Dog Park" have presented a petition with over 800 signatures
supporting a Dog Park Concept. They are proposing the City designate land that is
"build ready" and they will supply the "basic amenities" to open a Dog Park; i.e., fencing,
pet friendly drinking fountains and pet bag/trash receptacles. As the Park populates,
more amenities will be added; i.e., pavilions, benches, custom signage, etc., similar to
the concept that was presented at the October 19, 2010 Meeting.
Manatee and Xeriscape Parks appear to be more suitable choices based on cost,
location and site requirements. A Dog Park supports the Cape Canaveral Vision
Statement, "offering city-wide green spaces, providing a pet -friendly park with ample
shade".
Submitting Department Director: Robert Lefev m Date: 10/10/11
Attachments: Vision Statement, Visioning Process Theme Results and Cost Estimate
for Basic Amenity/Build Ready Dog Park by Location.
City Council Meeting
Date: 10/18/2011
Item No. q—
Continued
Page 3 of 3
Financial Impact: The financial impact y _._........... ._
a.__........ mm .�
p pct would be direct) related to the option selected,
as identified above.
Reviewed b Face Director: Andrea Bowers Date: /J-1►I�
The City Manager recommends that City Council take t Volfio�wing_._ action(s):
Provide direction to Staff on how City Council wishes to proceed.
City Council Action:
pr �....__..... A _........... �........ ......ate: f ...
A roved b Cit Manager: David L. Greene D
[ ] roved as Recommended Disapproved
.... Approved [ ]
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Vision Statement
C"e canaberal vioian btatement
We envision: A bike -able and walk -able Cape Canaveral that retains and
enhances its residential feel, characterized by low-rise buildings not more
than 4 stories in height. This residential and business friendly atmosphere is
one of a live -able, attractive, safe, secure, and sustainable coastal community
that embraces the beach and riverside as the main amenities, and supports
local culture and education.
We envision: AIA as a "complete street" with a native -landscaped and tree -
lined median with traffic calming elements and dark -sky street lighting.
"Complete street" amenities include bicycle facilities, covered transit stops,
and safe pedestrian crossings that invite pedestrians and bicyclists to access
the beach, river, local neighborhoods and adjacent communities. Our
improved "complete streets" will allow us to travel calmly to intimate
waterfront destinations and a walk -able downtown core. Multi -use paths
lined with shade trees should be wide enough for bikes and pedestrians and
lighted so anyone can walk or bicycle safely anywhere in town, day or night.
We envision: Welcoming community entrance features that create a sense of
arrival and unique community identity. The "downtown" and other areas will
contain an architecturally rich and unique mix of uses, with wide tree shaded
sidewalks and umbrella covered cafe tables at restaurants and bistros where
friends gather, interact, and enjoy drinks and dinner.
We envision: A community that; removes or transforms blighted and
unfinished buildings into attractive structures, offers city-wide green spaces,
provides a pet -friendly park with ample shade, and actively recruits and
supports businesses that enhance economic viability and serve our residents
and visitors.
We envision: Open shorelines and rivers accessible to the public including
amenities that take advantage of the water, such as limited and quaint water -
view establishments and intimate public gathering and entertainment places
that may include pavilions, gazebos, or a performance stage.
a
q 7�', I
COST ESTIMATE FOR
BASIC AMENITY / BUILD READY
DOG PARK BY LOCATION
XERISCAPE PARK: .33 ACRES
Fence $12,000
Pet Friendly Drinking Fountains (2) $7,500.00
Water Lines $5,000
Pet Bag/Trash Receptacles (2) $500.00
TOTAL $25,000.00
RADISSON PARCEL: 2 ACRES
Fence
$20,000.00
Pet Friendly Drinking Fountains (2)
$7,500.00
Water Lines
$5,000
Pet Bag/Trash Receptacles (2)
$500.00
Restrooms
$30,000.00
Landscaping
$2,500.00
TOTAL
$65,500.00
BANANA RIVER PARK: 5 ACRES
Fence
$15,000.00
Pet Friendly Drinking Fountains (2)
$7,500.00
Water Lines
$5,000
Pet Bag/Trash Receptacles (2)
$500.00
Restrooms
$30,000.00
Landscaping
$2,500.00
TOTAL
$60,500.00
MANATEE PARK: .90 ACRES
Fence
$15,000.00
Pet Friendly Drinking Fountains (2)
$7,500.00
Water Lines
$5,000
Pet Bag/Trash Receptacles (2)
$500.00
Grading/Drainage/Low Area Fill
$11,000.00
TOTAL
$39,000.00