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HomeMy WebLinkAboutPacket 01-05-2010 Regular�K-0 14 1110TOX911:4 01:4 :�� Clity of Cape Canaveral l'i"'FAUA ZZ3*11121,10L* =*-*, "IT,! Tuesday January 5, 20110 7:00 PM Clue] A, 7 W. 2009 Beautification Holiday Award Winners: - Earl, Crystal and Hunter Hoffman of 7805 Poinsettia Avenue — Single Fami - Jefferson Arms Condominiums, Donald L. Ryan Jr., President — Multi-Fami - United Space Alliance, Harriett Zbiegien, Facilities Manager - Commercial I g M M 2 IL M = mill -.?-= im in "021• - a � , 11 !it NML= 61M ; 11 11 illillir 1 11111111 ;1I lien 1 11111111111111!! V�ll 0 1, -a 7.45 p,. m. --: 8:00 p.m. WE I K -E-2 Council may schedule such items as regular agenda items and act upon them in the future. 1.05 Polk Avenue * Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax. (321) 868-1248 www.cityofcapecanaveral.org - email: ccapecanaverall2cfl.mcorn City of Cape Canaveral, Florida January S, 2010 Page 2 of 3 CONSENT AGENDA: 8:15 p.m. — 8:20 p.m. 1. Approve City Council Regular Meeting Minutes of December 15, 2009. 2. Approval of the 2009 Contract Negotiations with the International Union of Operating Engineers Local 673 (AFL-CIO). 3. Approve the sun -setting of the Business & Cultural Development Board's Fact -Finding Committee. ORDINANCES: Second Public Hearings; 8:20 p.m. — 8:30 p.m. 4. Motion to Adopt: Ordinance No. 12-2009, Amending Chapter 102, Vegetation, of the City Code related to land clearing; amending definitions and penalties; providing for additional exceptions from permitting; repealing regulations applicable to small scale residential developments; providing specimen tree removal criteria; amending minimum tree requirements; amending certain tree replacement requirements; making conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date. 5. Motion to Adopt: Ordinance No. 14-2009, Amending Section 74-57 to impose a surcharge on all parking fines incurred in the City for the sole purpose of funding School Crossing Guard Programs; Establishing; establishing the "Cape Canaveral School Crossing Guard Fund;" providing that proceeds may be reserved for start-up and ongoing administrative costs; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date. ORDINANCE: First Public Hearing: 8:30 p.m. — 8:40 p -m. 6. Motion to Approve: Ordinance No. 01-2010, Amending Section 22-39, Proceedings of the Board, to change the Community Appearance Board Meeting Days; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. DISCUSSION: 8:40 p.m. — 9:30 p.m. 7. City Manager Evaluation Action Items. 8. Appointment to Charter Review Committee by Council Member Hoog. City of Cape Canaveral, Florida January 5, 2010 Page 3 of 3 9. Reschedule Space Coast League of Cities Meeting for April 2010. REPORTS: 9:30 P.M. —10:00 p.m. 10. Council. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 01/05/2010 Item No. Subject: 2009 Beautification Holiday Award Winners Department: Public Works Summary: At the Beautification Board meeting on 12/22/2009, the following 2009 Holiday Award Winners were selected: Single Family - Earl, Crystal and Hunter Hoffman, 7805 Poinsettia Ave Multi -Family - Jefferson Arms Condominium Association, 610 Jefferson Ave, Mr. Donald L. Ryan, Jr., Association President Commercial - iUnitedl Space Alliance, 8550 Astronaut Blvd, Ms. Harriett Zbiegien, Facilities Manager Requested Council Action: Presentation of Awards Financial Impact: Minimal cost for certificates and frames. $75.00 gift cards Attachments: None Submitting, Department Head: Walter Bandish Date: 12/23/2009 Approved by City Manager: Date: City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain City of Cape Canaveral City Council Agenda Form Ji '' 107 ITTI 1017", 77, Subject: Friday Night Fest — Presentation with Dave Viner & Laird Gann Department: Parks & Recreation, Summary: 'The Recreation Department will be hosting, Friday Night Fest the first Friday of every month from 6:00 pm -10:00 pm. This event will take place on, Taylor Ave. (which will, be closed off), Xeriscaple Park & the Recreation Complex grounds. We will have a variety of food, arts, crafts & novelty vendors along with the beer truck, live entertainment & bounce houses for the kids. Requesteoun!ci:l Action: Approval to proceed with event. Financial Impact: After expenses this event is projected to make between -C3—,000 ® $,5,0010 with to of room to expand & grow., Attachments: iupporting Documents Reviewed Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain To: HONORABLE MAYOR AND MEMBERS OF, CITY COUNCIL From: KIM MCINTIRE, ADMINISTRATIVE ASSIST NT AND ANGELA APPERSON, CITY CLERK CC: BENNETT BOUCHER, CITY MANAGER Date: December 21, 2009 Re, COUNCIL ACTION ITEMS Attached please find the initial Trac EZ Report for City Council Action Items. The report reflects the date the Action Item was entered, the department responsible for completing the Action Item, the status of each Action Item (reflected under "Other Comments" and "Resolution"), and the Action Date, if provided. A City Council consensus Action Item is entered as City Council. A non -consensus Action Item is entered as an individual. It is our intent to print these reports when the City Council agenda packets are prepared. We look forward to City Council's feedback. Attachment tracEZ - St rnmat-y of hicidents Page I of I w, g 11 NO 0 rf IM", 0111 prew"o jj� Wek:(,�)iTie Arige�a Appeiisur� OR rOffill, City of Cape Canaveraf gg E Zw a, HofnE' 1"d riflin (JCy C()ui-wdl VVE�Ste ArdnA uni�Htiurii R(2ports Summary of Incidents for City Council K= ary ?]i Requests November 28 2009 iDecember 29200 1 Y By� F". a 1-119 e ....... . 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ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Treasurer Andrea Bowers Recreation Director Robert Lefever Public Works Director Walter Bandish Building Official Todd Morley Planning and Development Director Barry Brown Brevard County Sheriff Lieutenant Mike DeMorat City Clerk Angela Apperson PRESENTATION: 9-1 Tourism Industry Update — Rob Varley — Mr. Varley handed out the newest promotional material and explained many projects and events accomplished with the funding from the resort taxes. He noted upcoming projects as follows: The Space Center's "Take Off For Liftoff Program, which covers the un -manned flights; Melbourne Airport; the Bike Loop; a Visitors' Center planned for the northern most rest stop in Brevard county, along 1-95; the International Sand Sculpting Competition that will be held near the Radisson in April through May 2009. Mr. Varley responded to Council Member's questions. Mayor Pro Tem Petsos asked for a moment of silence in memory of Tom Garboski, a Board Member who recently passed away. City of Cape Canaveral, Florida December 15, 2009 Page 2 of 6 Brevard County Sheriff Lieutenant DeMorat presented Sergeant Kelly Simpkins with the November Deputy of the Month Award in recognition of his assistance to identify a suspect who attempted to commit an armed robbery of the Circle K convenience store. on 11/04109. Lt. DeMorat also noted the efforts of Corporal William Haggerty in the same incident. Lt. DeMorat also indicated an arrest was made last night in the 300 block of Harbor Drive for a marijuana growing operation. He commended the efforts of those involved in the assembly of 127 brand new bikes, which will be given away for Christmas. REPORTS: City Manager • Mr. Boucher spoke of the Harbor Heights drainage issue and the grant funding application. He indicated the funding doesn't look promising at this time. However Staff believes the project should move forward before the rainy season, using existing fund in the Stormwater fund. He indicated an easement is needed prior to bidding of the project. • Mr. Boucher informed the Council he will attend a Process Mapping training session all day tomorrow, sponsored by the Economic Development Committee. • Mr. Boucher noted the distribution of a draft 2010 Unified Calendar, as produced by the City Clerk's Office. • Mr. Boucher thanked Waste Pro for their work at the holiday luncheon today. He indicated it was a great opportunity for City Staff and Waste Pro Staff to interact. Recreation Department • Mr. Lefever thanked residents and council for all the support at the Reindeer Run and noted the successful Movie in the Park, as well as the Tree Lighting Ceremony. He also noted the 2010 calendar is on the website. Community Development Department • Mr. Brown provided a Visioning Report update. He noted the Visioning Committee's motion to adopt the report with certain revisions and to forward the report to the City Council at the January 19th Council Meeting. He indicated following the presentation a City Council Workshop will be held to further discuss the report and prioritize the implementation of the report. City Clerk • Ms. Apperson noted the distribution of a proposed Employee Handbook and Supervisor's Guidebook. She indicated a Workshop Meeting will be scheduled for a later date to discuss the proposal. Council Member Roberts questioned whether the document was reviewed by a Human Resources Professional, to which Ms. Apperson replied in the negative. City Historian City of Cape Canaveral, Florida December 15, 2009 Page 3 of 6 Ray Osborne indicated the Community Reunion on November 24th was very well attended. He noted the networking efforts to possibly establish a heritage trail throughout Cape Canaveral and Cocoa Beach. Council Member Walsh inquired about a book signing with other historians? Mr. Osborne explained the event was the past Saturday. The event noted him as an author, not the City Historian. BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT • Lori Peppers recapped prior work, which established a fact finding Subcommittee. She expressed the Board's desire to sunset the Subcommittee. • Ms. Peppers expressed appreciation for City Council members who attend their meetings. • Ms. Peppers noted the work the Board is doing to assist Staff in development of web -site tabs for Economic Development and the retention of existing Businesses. She indicated Planning and Development Director Barry Brown provided information of the development of Brown fields, if any, within the City. • Ms. Peppers indicated at their next meeting the first hour will be devoted to discussing the pros -cons of establishing a Community Redevelopment Agency. AUDIENCE TO BE HEARD: Ray Osborne asked if the City would consider learning from other Cities and in particular the City of Delray Beach, as they seem to be out in front. He offered his help to write a grant for the City. Paul Owens and Mike Demika, Tournament Directors of the City Racquet Ball Tournament, explained their roll in the tournament both before and after and indicated a dispute has arisen with the City Manager over payment. The details of the dispute were discussed. Mr. Owens committed to providing information to the City on the time they spent working on tournament activities and the City Manager committed to processing final payment upon receipt of the information. OLD BUSINESS: CONSIDERATION: 1. Action Tracking Solutions: City Clerk Apperson explained the research done by Kim McIntire, Assistant to the City Manager and herself. She noted the recommendation to use the Trac EZ system for a sixth month trial period. Discussion ensued. Consensus was reached to move forward with the six month trial; input the actions from this meeting and produce a report for City Council review and comment. DISCUSSION: 2. Review of City Organization Memberships: Discussion ensued as to the list of expenditures for memberships as provided in the packet. It was the Consensus of the City of Cape Canaveral, Florida December 15, 2009 Page 4 of 6 Council to return another report, which included broader explanation of each of the memberships, who is the representative and the benefit is to the city for further discussion. NEW BUSINESS: CONSENT AGENDA: 3. Approve City Council Regular Meeting Minutes of September 15 2009. 4. Approve Resolution No. 2009-48, opposing a bill to allow the Governor and Cabinet to allow for offshore drilling in the State of Florida. 5. Approve Resolution No. 2009-47 reappointinq a Regular Member to the Construction Board of Adjustment and Appeals in accordance with the Standard Building Code; providing for an effective date. 6. Approve renewal of Inmate Labor Contract with the Florida Department of Corrections. Council Member Roberts requested removal of item # 4 from the Consent Agenda. A motion was made by Mr. Petsos and seconded by Ms. Roberts, to approve Consent Agenda Item Nos. three, five and six. Council Member Walsh asked what the amount of the Inmate Labor Contract last year. Public Works Director Mr. Bandish indicated the new contract is $200.00 more than last year. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. #4 -- A discussion ensued regarding the wording of the Resolution. A motion was made by Ms. Roberts and seconded by Mr. Petsos, to approve Consent Agenda Item No. four. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. ORDINANCE: Second Public Hearing: 7. Motion to Approve: Ordinance No. 13-2009, revising the Underground Utilities Ordinance, Ch. 110 Zoning: Attorney Garganese read the title of the Ordinance into the record; noted the need for a public hearing and noted the final ordinance does include the language "Property Owner/Developer" in subparagraphs a and c. A motion was made by Mr. Petsos and seconded by Mr. Hoog, to approve Ordinance 13-2009 on second reading. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City of Cape Canaveral, Florida December 15, 2009 Page 5 of 6 ORDINANCES: First Public Hearings: 8. Motion to Approve: Ordinance No. 14-2009, amending Section 74-57 to impose a surcharge on all parking fines incurred in the City for the sole purpose of funding School Crossing Guard Programs, Establishing the "Cape Canaveral School Crossing Guard Fund;"providing that proceeds may be reserved for start-up and ongoing administrative costs; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and -an effective date: Attorney Garganese read the title of the ordinance into the record. He indicated Florida State Statues allows a surcharge on parking tickets to fund city crossing guard salary and equipment. Mr. Boucher indicated the estimated revenue is $6-8,000.00. Mr. Garganese indicated the other penalties are consistent with the statute. The discussion included the money paid to Brevard County Clerk of Court Scott Ellis for the processing of the parking tickets, whether the payments should be processed by the City; whether the Clerk of Court would be allowed to take a portion of the dedicated funding source; and what the "quarterly distribution" in the ordinance means. A motion was made by Mr. Hoog and seconded by Ms. Walsh, to approve Ordinance No. 14-2009. The motion carried 5- 0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATION: 9. Consider appointing Mr. Harry Pearson as the City's representative to the Space Coast TPO, Citizen's Advisory Committee: Mr. Pearson explained his experience as a Civil Engineer and transportation planning. A motion was made by Mr. Petsos and seconded by Mr. Hoog, for approval. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. DISCUSSION: 10. Possible revisions to Chapter 82-221, to adopt the 2009 edition of the International Property Maintenance Code: Todd Morley, Building Official, explained the need for updating the new code and noted the recommendation of the Business and Cultural Development Board to adopt the code revisions. Discussion ensued and included the need for further review of the code to ensure no conflicts with other sections of the Code of Ordinances; the code is being used as a tool during the re- development efforts; and staff needing to use their judgment to enforce the code. Questions were answered by Mr. Morley and City Attorney Garganese. Consensus was reached for Mr. Morley to return for further discussion after he obtained a listing of additions/ deletions from other municipalities, as well as if the municipality has not adopted the new code; why not. 11. Establish a meeting date and time for a. Discussion and prioritization of the City Manager Evaluation Action Items. City of Cape Canaveral, Florida December 15, 2009 Page 6of6 b. City Council Workshop to establish the 2010/11 Goals. G. Ridgewood Avenue lmi)rovements Project Bid Options and other necessary decisions. d. Presentation and Discussion of the Video History Project. It was a consensus of the City Council to set items c and d for a workshop on December 22, 2009 at 6:00 p.m. or 7:00 p.m., whichever would be practical considering the 5:30 p.m. meeting of the Beautification Board. The discussion turned to the City Manager Evaluation Action Items. A consensus was reached for City Manager Boucher to provide his recommendations for the action items and place this item on the January 5, 2010 Regular Meeting Agenda for further discussion. It was the consensus of the City Council to re -address item b at the January 19, 2010 Regular Meeting. REPORTS - 12. Council — This item was not addressed due to the late hour. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:01 P.M. Rocky Randels, MAYOR Angela M. Apperson, CMC, City Clerk City of Cape Canaveral City Council Agenda Form 001ty Council Meeting Date- 01/05/20111, Item No. Subject: Approval of the 2009 Contract Negotiations with the International Union of Operating Engineers Local 673 (AFL-CIO). Department: Administrative Summary: Article XXII, Duration, of the union contract allows for each side to open negotiations on no more than three articles annually, This year, the only article opened was Article, XVI, Wages. Attached you will find the acceptance from both sides indicating no Cost of Living Adjustment and' suspending the merit wage increase for this year. Next year the entire contract is open for negotiations. Requested Council Action: Approve the 2009, Contract Negotiations Sign Off Agreement. Financial Impact: None Attachments: Article XVI and signature page Submitting Department Head: Angela Apperson, City Clerk Date: 12/23/09 Approved by City Manager: Date: City Council Action: ppro\kTr"a—s Recommended Disapproved Approved with Modifications Tabled to Time Certain Cape Canaveral 2009 Contract Negotiations Sign: Off Agreement WAGES i Qgrj FV !11117,1111; 11 ;1111 WIN P 111111111 Aga mm=, EM RAccepted Liocal 673 AFL-CIO 92fiz= M M310=1 .-I-I A I - -1A- M Ang-e-16-Ap-persod, 7 - City Clerk/Human Resource Director Attest: v "I "OWY P*k fte of FWW My MO 16. 2013 C DO 853M Mia �3oforth, AdmVilstrative Assistant Notary Public Signed this Z2 day of by the City. Signed this, j 1, FaWby the Union. City of Cape Canaveral Wage and Salary Plan Union Employees as of Octiber 9, 2009 0.0% C.O.L.A. FLOC 2009 Job Code Classification Salary Range Minimum Maximum 17030 Maintenance Worker 22,248 33,513 Utilities Maintenance Worker 10.70 16.11 17040 Maintenance Specialist 25,563 37,369 12.29 17.97 12010 Plant Operator C 28,422 42,243 13.66 20.31 12150 Utilities Mechanic 27,231 40,965 13.09 19:69 18140 Maint. Special ist/Electrician 32,776 48,331 15.76 23.24 18120 Maint. SpecialisVHVAC Mechanic 29,939 44,691 14.39 21.49 18110 Maint.Specialist/Plumber 28,877 42,352 13.88 20.36 18130 Maint. Specialist/Carpenter 28,790 42,612 13.84 20.49 13020 Maint. Specialist/Arborist 35,788 52,772 17.21 25.37 12020 Plant Operator B 31,953 46,922 15.36 22.56 13070 Laboratory Technician 32,581 44,215 15.66 21.26 12030 Plant Operator A 34,596 51,320 16.63 24.67 12040 Lead Treatment Plant Operator 36,502 54,591 17.55 26.25 City Counicil Meeting Date: O 0512010 Item No. Subject: CONSENT: BUSINESS & CULTURAL DEVELOPMENT BOARDIS FACT-FINDING-COLIMIIITTEE Department: LEGISLATIVE Summary: The City Council at their reg:uliar meeting of March 3, 2009 approved the formation of a Fact Finding Committee (referred to as Sub -Committee in board minutes) made up of 3- 5 members of the Business & Cultural Development Board to bring forth any economic legislative issues, that the City Council may have to review and act uipon. Requested Council Action: City Council approve the sunsetting of the Fact -Finding Committee. Financial Impact: N/A Attachments: o Supporting Documents Reviewed City Manager's memo dated 03-014-019, Minutes of B&CDB December 9, 2009 Meeting, B&CDB's memo dated 12-11-09 Submitting Department Head: Date: Approved by City Manager: Date: /C;v City Council Action: Approved as Recommended Disapproved Approved with Modifications Tabled to Time Certain cape-nt0kim\mydocumentsladminkcounciY\meetiing5201 0\01 -05-1 Mb&cdb.com Memo To: BUSINESS & CULTURAL DEVELOPMENT BOARD From: BENNETT BOUCHER, CITY MANAGEr�v CC: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL Date: March 4, 2009 Re: ESTABLISHMENT OF A FACT FINDING COMMITTEE The City Council at their Regular Meeting of March 3`d approved the formation of a 3-5 member Fact Finding Committee made up of Business & Cultural Development Board Members to bring forth any economic legislative issues that the City Council may have to review and act upon. The City Attorney has advised that this Fact Finding Committee will be exempt from the Sunshine Law as long as the ad hoc committee only reports its findings to council without any recommendations. The board is encouraged to establish this ad hoc committee as soon as possible. - You may wish to schedule a Special Meeting at your earliest convenience so that you may move forward on this council action item. As always, if you need any staff support for this ad hoc committee, please let me know. BB.kmm City Attorney t (tel, NFNIS14ED BUSINESS: 1. Discussion: Clarification of the Sub -Committee hairperson Muncey did not feel the sub -committee was an effective or efficient process and asked members to onsider discontinuing the sub -committee. Moved by Mr. Pritchard, seconded by Ms. Peppers to recommend to e City Council that the sub -committee be discontinued due to its lack of efficiency and effectiveness. Motion rried unanimously. Staff will prepare recommendation memo to the City Council. NEW BUSINESS: • Judge Artwork for 10 Annual Student Art Show Poster — Members selected the artwork of Rockledge High School 10`h grader Tori Kaczmarek. Action Item: Recommendation that staff insert the poster in the billboard seeton:of the City's Home Page; Mr. Boucher assured members that the billboard section can be manipulated to include information such as holiday garbage schedule, business of the month,.upcoziaipg events, etc. • DevelODment of a Business E -Mail Promotina the Local Foci An update of the Buy Brevard program was provided to members;, y Action Items: • When available, Mr. Boucher will provide hard copies of accompanying Pitch Line to members if they �sA ao:.reac develop criteria if they wish to go in this direction`��:;:,, • Mr. Boucher will contact the Recreation Director to olitai DISCUSSION: Mr. John Porter updated members on the status of t Action Item: Board Member Painter volunteers chamber. City Manager's office will coordinate. Economic Development Consultancy:;.- Mr. John A deliverable written Economic::, eve O.Pment Action Plan[Visioning Report &,y' §ion Stateme' l ticom= clear that there are consequences to existing policy tier's Local D nd..the Focus Boucher. to the businesses;'b"J"l will database of business e-mails put together by the rsori:presented•*ari:: verviewloutlineltimeline of the n:for 2010 utilizing existing data (2007 Redevelopment survey/existing ordinances). The report will make it ning on City's BUs nesS'"O rimunity -.Mr,.:,, o n Porter presented that the board's ris are::# ng implemented and outliii&i a impact of the Visioning process, especially AIA on 4Wcoi� i rlity. Nfrr Oer asked for the board's support during the process. Discussiregarding the boarl.'szecommencaton within the 2007 Redevelopment PIan to establish a CRA resulted iri tfee]following action -Q for the..;Tanuary agenda: (15) minutes for Ms. Marcum to present her CRA research;; f15} minutes foi:ifaff to present what has to happen to have a CRA in place, agreement signed with the'coiinty and property values frozen one year from now; who is going to be responsible and �•:. t how much will it cost @0) minutes for discussion. Mr. Brown to e-mail members his outline prior to the January meeting. OPEN: • Ms. Muncey acknowledged Carol Craig of Craig Technologies as Business Leader of the Year. • Ms. Muncey asked that members review the updated roster and contact staff if changes were necessary. • Staff to provide Ms. Agee with copies of board members' White Papers. • Ms. McIntire acknowledged the $350 EE bond sponsorship of Joyce Hamilton, Security Systems Specialists, Inc., for the 11 h Annual Student Art Show "Best In Show" winners • Members provided Council Member Roberts with status of its recommendation for lobbying services • Council Members Roberts thanked the board for its Result Driven Action Plan Memo To: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL Fran,: BUSINESS & CULTURAL DEVELOPMENT BOARD CC: CITY MANAGER Date: December 11, 2009 Re: FACT-FINDING COMMITTEE RECOMMENDATION One of the agenda items at the board's December 9�j' meeting was Clarification of the Sub - Committee aka the Fact -Finding Committee that the City Council approved on March 3, 2009. A benefit analysis determined there was no value added and the board unanimously recommended the sunset of this committee. Respectfully submitted, J nne Muncey, Chairperson Ikmm City of Cape Canaveral City Council Agenda Form City Cog Diate: 01/05/2010 Item N I Subject: Motion to Adopt: Ordinance No. 12-2009, Amending Chapter 102, Vegetation, of the City Code related to land clearing; amending definitions and penalties; providing for additional exceptions from permitting; repealing regulations applicable to small scale residential developments; providing specimen tree removal criteria; amendingi minimum tree requirements; amending certain tree replacement requirements; making conforming amendments; providing for the repeal of prior inconsistent ordinances and resolutions; severability; and an effective date, Department: Community Development Summary: This ordinance was reviewed by the Planning & Zoning Board' on November 18, 2009. The City Council held first reading on December 1, 2009. The Motion to approve carried unanimously. Council requested staff contact indlividuals who were previously affected by the ordinance. That work has been accomplished and the results are attached. '----­nce No. 12-2009 -on second Requested Council Action: Approve Financial Impact: No financial impact is anticipated Attachments: 1. Ordinance No. 12-2009 2. Memo documenting Planning & Zoning Board's recommendation 3. Memo documenting outcome of contact with individualls who were previously affected by the ordinance. Submitting Department Head': Todd Morley Date: 12129/09 Approved by City Manager: Date../, OZ191 City Council Action: pproveWs ecommended ]Disapproved Approved with Modifications Tabled to Time Certain ORDINANCE NO. 12-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 1.02, VEGETATION, OF THE CITY CODE RELATED TO LAND CLEARING; AMENDING DEFINITIONS AND PENALTIES; PROVIDING FOR ADDITIONAL EXCEPTIONS FROM PERMITTING; REPEALING REGULATIONS APPLICABLE TO SMALL SCALE RESIDENTIAL DEVELOPMENTS; PROVIDING SPECIMEN TREE REMOVAL CRITERIA; AMENDING MINIMUM TREE REQUIREMENTS; AMENDING CERTAIN TREE REPLACEMENT REQUIREMENTS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATIONINTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Constitution, Article II, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, on April 19, 2005, the City Council adopted Ordinance 2005-05, which served to improve the City Code and afford more protection for existing trees and require more enhanced landscape plans for future developments within the City; and WHEREAS, the City Council remains committed to preserving, enhancing, and creating green area within the City and to preserving existing trees on public and private property; and WHEREAS, the City Council desire to amend certain land clearing provisions as set forth herein in order to ensure the most effective application of the City's land clearing regulations while not creating a hardship of its residents and property owners; and WHEREAS, after careful review of the City's existing land clearing and tree protection regulations, the planning and zoning board has recommended that the City Council adopt this ordinance in order to improve the manner in which the City preserves, protects, and creates a vi able tree canopy within the City and to promote a more aesthetically and environmentally pleasing community; and City of Cape Canaveral Ordinance No. 12-2009 Page 1 of 10 WHEREAS, the City Council of the City of Cape Canaveral, Florida, concurs with the planning and zoning board's recommendation and hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 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 102, Vegetation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and sft*eent type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION ARTICLE U. TREE PROTECTION DIVISION 2. LAND CLEARING See. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Clear trunk means a measurement from the soil line to the point in the canopy where the trunk caliper begins to jUer -abruptly. On many palms,this point will 'e at the base of the Mfitole of the third or fourth vounMt but fully expanded leaf. City of Cape Canaveral Ordinance No. 12-2009 Page 2 of 10 *** Understory means an underlying layer of low native vegetation usually associated with trees. Plants in the understory consist of a mixture of slings and saplings of canopy and galrn trees together with understory shrubse. cabbagee palms, palmettos). See. 102-37. Title; applicability; intent and purpose; small scale residendai dvv,!H exemptions. (b) Applicability. This division shall be applicable to all land lying in the incorporated area of the city, below. .r ► • 1 ■ 22. • •1 I RI ■ • 11 11 • J • r ■/ • • 1 r.l .Ir • 1 ■ • • • • 1 n 1 / •1 1 •I/III - ■ 1111 ' 11 1 • I • ■ • / ■ •I L A K1 • ! Lnd3 Poll . till1•11 A l See. 102-38. Enforcement and penalties. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39 . . Fine of $250.00 per tree or $500.00 per specimen tree removed, not ba-exca $5,000.00, plus $500.00 per quarter (1/4) acre of understory $250M yer 100 squve feet cleared. 1I .I J ! •I . / 11 • • ■ ► ■ ■ 11 .111 R 11 1 I I / • I I City of Cape Canaveral Ordinance No. 12-2009 Page 3 of 10 Irl 111 A 1lri�l/I+IRR� r,r IrL,�nr.i.i/li.ii L -J ins. (244) Failure to abide by a cease and desist order issued under this division. Fine of $250.00 for the first day and $500.00 per day for each day thereafter. `3 S) Failure to abide by the requirements of otherprovisions of this division. Fine of $250.00 for the first occurrence and $500.00 for repeat occurrences. Withholding of Certificate of Qccupgncy. The building official shall have the A& to refuse to issue a certificate of occupancyor certificate of completion until all violations of this division have been remedied. See. 102-40. Permit criteria; exemptions; standards of review. (b) Permit exceptions. The following tree removal activities are exempt from the permit requirements of this division: (1) Trees removed by the city or other governmental agency and which interfere with the safety of the motoring public or disrupt public utilities such as power lines, drainage systems and other public utilities. (2) All trees and plants, within a licensed tree nursery, planted for harvest provided said trees and plants are planted and growing on the premises of the licensee and are for sale or intended for sale in their ordinary course of business. (3) The emergency removal of a dead or seriously damaged tree, to mitigate an imminent threat to the health, safety, and welfare of the property owner or the general public. Prior to agy emergencyemergengy removal the RLopgAy owner shall be Leguired to document the immediate threat requiring emergency removal with the following; fAL t h s the trees including an areas that ma be damaged, diseased or infested; Bim A roximate measurements of the tree hei t spread, and DBH• and Tj Distance to structure(s) or other immovable, threatened tarset(s) if City of Cape Canaveral Ordinance No. 12-2009 Page 4 of 10 felled. (4) Land clearing and tree removal activities authorized and preempted by state or federal lave. (5) Trees planted specifically for silvicultural purposes provided the property owner can provide documentation to the city evidencing that: (i) the property is requested as a silvicultural site with the division of forestry; and (ii) trees of typical harvestable size and type exist on the property which are capable of being harvested for income and that the property has, or intends to, generate income from the harvested trees. La The removal of my Rlant or tree that is an invasive or undesirablespecies as set forth in section 102-53. M De removal of vegetation that has been ordered by the Citi. LE Land clearing and tree =oval 1 on parcels containing ane istin residential single-family dwelling unit or duplex or triplex that have been issued a certificate of occupancy. These parcels shall retrain subject to the provisions,o[,rc#gp$ 102-41 and 102-45 of this code. Any Rarcelsubject to a city development [girder authorizing the construction pf g new residential single-family dwelling unit. duplex or triplex, or a subdivision with three (3) or less single-familydwelling units. Thesepareels shall remain subject to the provisions of sections 102-41 and 102.45 of this cede. (10) Land cleado and tree removal on undeveloped pareels„in the R-1. R-2 and R-3 zoning districts that are less than 10.000 square feet. These parcels shall remain subject to the provisions of sections 102-41 and 102-45 of this code. ' if • r •• rr • • ■ r.r n •1 • • • IA • ■fl •1 1 • /1 1 Lli 1 1 •If • f 1 r U • ♦ ii .■ • .f • 111{1 r-■ I• City of Cape Canaveral Ordinance No. 12-2009 Page 5 of 10 • fkJI NJ •• F fttqrtmar pil I Tag MIJ tw.MVIIEW 5 se,. • • • .r .n . e 11 .rnn ■ - rr■ nn w ■ r• r s • ■ r■ rs • .r •• • r- • .• • •• r r91 I.JWMI1.11mm.. . r Ir • ► rl : n n • .1 • .r n r .n �.•, ► rr ■n r .r • r • n • .n 1 1 .ir r r- r t, r r I 1 • 1. .. 1 . rn r t . I . • • • • • . � . . 1 r .� n .nnr • rrrt . rr w r .n r .r nr .r .r / r n n r r n r .r . r nrn • . r r u � nr r .. . • r r. 1 ■ . rr • �• ■ r .•, . r rr r .n r • .i r r .. r r r • • 1 ■ r ■ �■ 111 Y .1 .r •. . . ■ • . 1 .!1 . ■ • rI r,tome-. • rr ■ ■ . r i f i ■ ■ r • .• • ■ • r• City of Cape Canaveral Ordinance No. 12-2009 Page b of 10 i r I • • • R• .IF I • • t r �s. .. r •I r • I W- r ■ • • .1 • .II •rl I . • r rVl I • • • .I •I • 1 • ■ I • . • e IA •I ■ 1 I 1 •� • • 1 • 11.11 I►1 • I • IA • - II .r•• I a 1 r . • ♦ I • • 11 • • ■ IA •II • ■ • 1 IIIIU Irlt Sec. 102-41. Specimen trees. Lal Specimen trees shall be preserved or relocated on site to the greatest extent feasible �b Notwithstanding any other provision of this division, specimen trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approved by the city council. As a condition of removal of any specimen tree, the city council shall have the right to require that replacement trees be planted or a contribution to the tree bank be made in accordance with section 102-43 of this division, except replacement and/or tree bank contribution shall be based on a maximum of a two -to -one ratio of cumulative diameter (dbh) basis of specimen trees removed using the data in table 1. a In reviewine an anolication for final mrmit to remove a specimen tree the cit council shall consider the following: LL Whether the site deli n as determined by a RMland clearing insl3ection, are as'bl to allow the use RMitted. as established by the applicable Zoning district regulations. Streets, rights-of-way, easements, utilities, lake perimeters and lot lines shall be shffLed wheneveT 2osible to Mervetrees. a, Whether the sW&imen tree is located within the footprint of the proposed structure or if more than one-third 11 of the specimen tree canopy would be *gd to he removed inaiAgrto 'orderaccommodate the RmMed struc and whether or not it is feasible to relocate the structure. L, Whether the location of the s imen tree wevents gRy access to the pm2gM City of Cape Canaveral Ordinate No. 12-2009 Page 7 of 10 from a publicly dedicated and maintained roadwa or whethor-the tree constitutes a hazard to pedestrian or vehicular traffic that cannot be mitigatedithout removing the_tree. - Whether the location of the sptgimen tree interferes with or prevents the construction of utility lines drainage facilities roadways or reguired vehicular use area which mmog pMticallyrelocaW- or rerouted. fah Whether the s imen tree is diseased weakened by age, storm fire or other inJIMy so as to D9se a danger to Personspropert site im rovements or other trees. x** See. 102-45. NUnimum tree requirement. No certificate of occupancy shall be issued on the types of construction indicated below unless the underlying parcel has at least the required minimum number of approved trees as set forth in this section: (a) Any new single-family, duplex or triplex dwelling unit on a lot of less than 7.500 6;969 square feet: not fewer than two trees. Each tree shall be at least eight feet (8) tall with one and one-half inc " dbh minimum and a two foot 2' read. Palm trees shall have at least eight feet ' of clear trunk. (b) Any new single-family, duplex, and triplex dwelling unit on a lot equal to 7,500 6;6% square feet or greater: not fewer than two trees plus one additional tree for each 4,000 square feet or fraction thereof over 6;@W 7,500 square feet. Each tree shall be at least eight feet 8' tall with one and on -half inch 1.5" dbh minimum and a two foot 2' read. Palm trees shall have at_least eight feet (8) of clear trunk. (c) Any commercial, industrial, multifamily or other structure requiring site plan approval under the city land development regulations: no fewer than six trees or four trees per acre, whichever is greater. See. 102-49. Remedial action. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and City of Cape Canaveral Ordinance No. 12-2009 Page 8 of 10 desirable type of tree as listed within this division or providing a contribution to the tree bank equal to four times the contribution listed on table 1 or planting four preferred plants listed within section 102-54 before issuance of a certificate of occupancy or certificate of completion. Palm trees maXonly be used to satisfy uD to twen -five Mrcent 25% of the requi��me ii1tion. TABLE 1. CITY OF CAPE CANAVERAL TREE REPLACEMENT STANDARDS DBH of Plumber of Replacement Number of Reptammmt Preferred Contribution to Protected e2nm Trees (I S. Small Treys or Palms Plant Tree Bank* Tree minimum dbb each) Requhed for Each Tree Required for Each Tree Removed kms mrast Removed have at lmst S feel of deter trttnk) 4" up to I or 1 or Preferred or $250.00 but not Plant(s) including w/Credits $" up to 2 or 2 Preferred $500.00 but not Plant(s) including w/Credim 12" 12" up to 3 Na allowed Prefened $750.00 but not plant(s) including wACreditc 16" 16" up to 4 Not allowed Prefeaed $1,000.00 but not Plant(s) including w/Creditc 24" >24" To Be Preserved To Be Preserved To Be To Be Preserved See §102-41 see §102-4I Preserved see §102-41 See § 102- 41 *These amounts may be adjusted biannually to compensate for increases to costs of plants as well as to ousts of installation and establishment. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, orparts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 12-2009 Page 9 of 10 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 S. 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 he 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 tate City of Cape Canaveral, Florida, this day of 2009. ORW ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 12-2009 Page 10 of 10 Date: November 23, 2009 To: Bennett Boucher, City Manager Angela Apperson, City Clerk From: Susan L. Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending Section 102, Vegetation. At the Planning & Zoning Board meeting held on November 18, 2009, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance with a few minor changes to the City Council. Please schedule this item for the next City Council meeting agenda. City Code Ch. 102, Tree Protection, was amended in 0(i5. In the fOUr years since, several code enforcement cases have been heard by the Code Enforcement Board. At City Council's request, a letter was mailed on December 7, 2009, to all of those affected property owners requesting input on the proposed revisions to the Tree Protection Code. The letter outlined the specific pecl ic proposed changes. To date, I have received no input from these persons. However, other input has been given: The concepts of "Florida Friendly Landscaping" should be considered. The University of Florida's Nine Principles of Florida -Friendly Landscaping are: J) Right Plant, Right Place: Plants selected to suit a specific site will require minimal amounts of water, fertilizers and pesticides. 2) Water Efficiently.- Irrigate only when your lawn needs water. Efficient watering is the key to a healthy yard and conservation of limited resources, 3) Fertilize Appropriately: Less is often best. Over -use of fertilizers can be hazardous to your yard and the environment, 4) Mulch: Maintain two to three inches of mulch to help retain soil moisture, prevent erosion and suppress weeds. 5) Attract Wildlife: Plants in your yard that provide food, water and shelter can conserve Florida's diverse wildlife. a c 90 CU a) a) o 4-J = -0 4W r L- 41 2 Z c 04) CL LA t�70 "o 45 L- 4w- A c 41 jj" ct. E M qA C7 ")"" ", ' "0 e -q` X '0' '4�' (u lJJ 'd n Ir Ln rl a co It It; ce o 71 x x ""I'll . . ..... u 0 - 'v ti, , -0 , IS wl as r— 75 o LL 4 lb v, > wa 0 Mn o C) ton ow Q Ln cr 'rZ M �Lv .2 r- R co 'v U- 9) :3 C: E C: I- ........................... ...... .. .„v. .... . .... .. .. .. ..... ..... o F-14 E o > 0 w1 5i9 1 0>0 In rn uu, bM1fl b. E xi rL fj IA en Im, rA 0 LM m a c 90 CU a) a) o 4-J = -0 4W r L- 41 2 Z c 04) CL LA t�70 "o 45 L- 4w- A c 41 jj" ct. E M qA C7 ")"" ", ' "0 e -q` X '0' '4�' (u lJJ 'd n Ir Ln rl a co It It; ce o 71 x x ""I'll . . ..... u 0 - 'v ti, , -0 , IS wl as r— 75 o LL 4 lb v, > wa 0 Mn o C) ton ow Q Ln cr 'rZ M �Lv .2 r- R co 'v U- 9) :3 C: E C: I- ........................... ...... .. .„v. .... . .... .. .. .. ..... ..... o E o w1 5i9 1 uu, E xi rL fj IA Im, 0 a c 90 CU a) a) o 4-J = -0 4W r L- 41 2 Z c 04) CL LA t�70 "o 45 L- 4w- A c 41 jj" ct. E M qA C7 ")"" ", ' "0 e -q` X '0' '4�' (u lJJ 'd n Ir Ln rl a co It It; ce o 71 x x ""I'll . . ..... u 0 - 'v ti, , -0 , IS wl as r— 75 o LL 4 lb v, > wa 0 Mn o C) ton ow Q Ln cr 'rZ M �Lv .2 r- R co 'v U- 9) :3 C: E C: I- ........................... ...... .. .„v. .... . .... .. .. .. ..... ..... z View Legal Ad# 170250 Print Window Close Window AD#170250,12126!2009 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. 12-2009 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, January 5, 2010. 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 12-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, VEGETATION, OF THE CITY CODE RELATED TO LAND CLEARING; AMENDING DEFINITIONS AND PENALTIES; PROVIDING FOR ADDITIONAL EXCEPTIONS FROM PERMITTING; REPEALING REGULATIONS APPLICABLE TO SMALL SCALE RESIDENTIAL DEVELOPMENTS; PROVIDING SPECIMEN TREE REMOVAL CRITERIA; AMENDING MINIMUM TREE REQUIREMENTS; AMENDING CERTAIN TREE REPLACEMENT REQUIREMENTS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 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 (868-1221) 48 hours in advance of the meeting. Angela Apperson, CMC, City Clerk AD#: 170250 Publication: Florida Today First Published: 12-26-2009 Page 1 of 1 http://legals.flatoday.net/db/display.htm?CMD=DISPLAY&Id=50325 12/28/2009 City of Cape Canaveral Ci'ty Council Agenda Form City Council Meeting Date- 01/05/2010 Item No. Subject: Motion to Approve. Ordinance No. 14-2009, amending Section 74-57 to impose a surcharge on all parking fines incurred in the City for the sole purpose of funding School Crossing Guard Programs; Establishing the "Cape Canaveral School Crossing Guard Fund;" providing that proceeds may be reserved for start-up and ongoing administrative costs; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date. Department: Administrative Summary: The School Crossing Guard Program is very important for the safety of our elementary students who walk to school. The program has been funded by general fund revenue to date. The adoption of this ordinance creates a dedicated funding source for this program. The first reading of the ordinance passed unanimously on December 115, 2009. Requested Council Action: Approve Ordinance No. 14-2009 on second reading. Financial Impact: This is a positive financial impact, the exact dollars cannot be determined, as it is based upon the number of tickets issued in a given year. Regardless, it is a step in the direction of alternative funding of this very important City program. Attachments: Ordinance No. 14-2009 Submitting Department Head: N/A Date: Approved by City Manager: Date: City Council Action: AlSp r6v6"d as Recommended Disapproved Approved with Modifications Tabled to Time Certain ORDINANCE NO. -2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA, AMENDING SECTION 74-57 OF THE CODE OF ORDINANCES TO IMPOSE A SURCHARGE ON ALL PARKING FINES INCURRED IN THE CITY FOR THE SOLE PURPOSE OF FUNDING SCHOOL CROSSING GUARD PROGRAMS; ESTABLISHING THE "CAPE CANAVERAL SCHOOL CROSSING GUARD FUND;" PROVIDING FOR QUARTERLY DISTRIBUTIONS; PROVIDING THAT PROCEEDS MAY BE RESERVED FOR START-UP AND ONGOING ADMINISTRATIVE COSTS; 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, section 318.21(l 1), Florida Statutes, authorizes the City to impose a surcharge on parking fines for the sole purpose of funding school crossing guard programs by majority vote of the City Council; and WHEREAS, the City Council desires to impose a parking fine surcharge on parking fines imposed in the City pursuant to section 74-57 of the City Code; 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 74, Traffic and Vehicles, 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 74. It is intended that the text in Chapter 74 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing City of Cape Canaveral Ordinance No. _-2009 Page 1 of 4 prior to adoption of this Ordinance): CHAPTER 74. TRAFFIC AND VEHICLES ARTICLE 1QI. STOPPING, STANDING, PARKING x x x Sec. 74-57. Penalties. U Any person violating this article shall be punished in accordance with the schedule as follows: TABLE INSET: a Surcharge on parking -tines. LL A surcharge in the amount of $10.00 is hereby imposed on all parking fines imposed under this article for parking violations occurring within the city, for the sole purpose of funding school crossing guard programs. La The proceeds collected from this _surcharge shall be placed in the "Cape City of Cape Canaveral Ordinance No. _-2009 Page 2 of 4 Violation Penalty (1) Parked in excess of authorized time.......... $ 30.00 (2) Parked in no parking zone.......... 30.00 (3) Parked in loading zone.......... 30.00 (4) Parked in reserved zone without permit.......... 30.00 (5) Parked irregularly (extending over boundary).......... 30.00 (6) Parked in handicapped space.......... 100.00 (7) Parked double or obstructing traffic.......... 30.00 (S) Parked on sidewalk.......... 30.00 (9) Parked on ocean dunes.......... 100.00 (10) Parked in fire lane.......... 30.00 (11) Other.......... 30.00 a Surcharge on parking -tines. LL A surcharge in the amount of $10.00 is hereby imposed on all parking fines imposed under this article for parking violations occurring within the city, for the sole purpose of funding school crossing guard programs. La The proceeds collected from this _surcharge shall be placed in the "Cape City of Cape Canaveral Ordinance No. _-2009 Page 2 of 4 Canaveral School Crossing Guard Trust Fund," which is hereby established, and funds collected from this surcharge shall be distributed quarterly to fund school crossing guard programs. The cily mqy set aside funds derived from this surcharge to pa for start-up costs and recurring administrative costs related to printing. tickets or other means of implementing the school crossingug and program x x � Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted bythe City Council, orparts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2009. ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. _-2009 Page 3 of 4 Against ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-2009 Page 4 of 4 View Legal Ad# 169504 Print Window Close Window AD4169504,1212112009 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. 14-2009 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, January 5, 2010. 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 14-2009 An Ordinance of the City of Cape Canaveral, Brevard County, Florida amending section 74-57 of the Code of Ordinances to impose a surcharge on all parking fines incurred in the City for the sole purpose of funding School Crossing Guard Programs; Establishing the €Cape Canaveral School Crossing Guard Fund;€ providing that proceeds may be reserved for start-up and ongoing administrative costs; 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 (868-1221) 48 hours in advance of the meeting. Angela Apperson, GMC, City Clerk AD#: 169504 Publication: Florida Today First Published: 12-21-2009 Page 1 of 1 http:l/Iegals.flatoday.net/db/display.htm?CMD=DISPLAY&Id=50115 . 12/28/2009 City of Cape Canaveral City Council Agenda Form City Council Meeting Diate: 01/05/2011 Item No., Subject: Motion to Approve: Ordinance No. 01-2010, Amending Section 22-,39, Proceedings of the Board, to change the Community Appearance Board Meeting Days; providling for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date. Department: Community Development Summary: This board has met on Mondays. With the move to the Library Meeting Room they are no longer able to meet on Mondays. This ordinance facilitates the change to the new meeting day. Requested Council Action: Approve Ordlinance No. 011-2010 on first reading Financial Impact: None Attachments: Ordinance No. 01-2010 Submitting Department Head: Barry Brown Date: 12/29/2009! Approved by City Manager: Date: '/Cz�zop/oy City Council Action: dJAJ5pro k-&5`sRecommended Disapproved Approved with Modifications Tabled to Time Certain ORDINANCE NO. 01-2010 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 22-39, PROCEEDINGS OF THE BOARD, TO CHANGE THE COMMUNITY APPEARANCE BOARD'S REGULAR MEETING DAYS; PROVIDING FORTHE 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 change the meeting days of its Community Appearance Board meetings from the first and third Monday of each month to the first and third Wednesday of each month; 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. Section 2239 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeou type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 22-39. It is intended that the text in Section 22-39 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 22-39. Proceedings of the board. (a) Meetings shall be held on the first and third Monday Wednesday of each month unless no business is presented to the board for a particular meeting. The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. City of Cape Canaveral Ordinance No. 01-2010 Page 1 of 2 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, orparts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2010. ROCKY RANDELS, Mayor ATTEST: Bob Hoog BUZZ Petsos ANGELA APPERSON, City Clerk Rocky Randels C. Shannon Roberts Betty Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 01-2010 Page 2 of 2 For Against City INf Cape Canaveral City Council Agenda Forrn Council Meeting Date: 01/05/2010 Item No. Subject: City Manager Evaluation Action Items. Department: Administrative Summary: At the 12/1/09 Council Meeting, Staff was directed to schedule a Workshop Meeting, for up to four hours within the next two weeks, to discuss and prioritize the 58 action items. Unfortunately, the workshop could not be scheduled. At the December 15, 2009 City Council Meeting, it was decided to place this item on this agenda for discussion. Requested CouncilAction: Provide direction to staff. Financial Impact: Unknown at this tiem Attachments: City Manager Evaluation Action Items. Submitting Department Head: N/A Date: Approved by City Manager: Date: City Council Action: prov&Fgs- Recommended Disapproved Approved with Modifications Tabled to Time Certain . .. . ..... . CITY OF CAPE CANAVERAL City Manager Action Plan 2010 12/29/2009 City Manager Action Plan 2010 Mission: Commitment to provide results oriented and value based leadership in all strategic areas of community planning and governmental operations based on the new Cape Canaveral Vision Statement, providing transparency to the public and accountable to the City Council. This action plan has two main strategy areas: • Community Planning • Governmental Operations Strategic goals • Economic Opportunity— Community Planning • Growth Management — Community Planning • Community Vision — Community Planning • Fiscal Management —Governmental Operations • Quality of Life — Governmental Operations • Communications — Governmental Operations Economic Opportunity — Community Planning Goal: Create an environment that will provide a competitive economic opportunity that is consistent with the vision of the community. Objectives: 1. Develop sustainable commercial, industrial and residential business districts, market City business districts, residential neighborhoods, cultural and environmental amenities. Action: a. Develop an economic development action plan, January 2010. 2. Plan for and develop a CRA and or Brownfield's, amend related comprehensive plan and zoning codes. Actions: a. Develop and establish a Community Redevelopment Agency, define CRA area(s) with the Local Planning Agency. City Council and County adoption by September 30, 2010. b. Evaluate suitable sites for Brownfield designation opportunities, March 31, 2010. I Develop user friendly redevelopment codes to encourage investment and reinvestment of properties. Action: a. The City Staff and Planning Board to evaluate and establish innovative land development codes that will encourage the redevelopment of land uses and structures consistent with the Community Vision. Growth Management — Community Planning Goal: Growth Management that promotes quality development and redevelopment activities that provide safe and attractive commercial districts and residential neighborhoods. Objectives: 1. Develop an integrated, comprehensive and streamlined approach to land use approvals and permitting. Actions: a. Streamline the Board approval process, eliminate the Community Appearance Board and Board of Adjustment, approvals will be transferred to City Council. March 31, 2010. b. Process mapping of site plan and building permit procedures, training of staff, June 30, 2010. 2. Encourage quality residential, commercial and industrial development and redevelopment consistent with the economic development action plan and community visioning report. Action: a. Community Development Department staff to be reorganized and trained to have the skill sets necessary to implement the economic development action plan and community visioning plan. Additional discussion of this topic after the Economic Development Action plan is presented to City Council on January 19, 2010. 3. Develop mixed use residential districts and a town center district that will enhance the city's quality of life and provide a diversified property tax base. Actions: a. Revisit the mixed use guidelines developed in 2005, update and adopt by October 2010. b. Develop town center development guidelines for the site chosen by residents during the community vision process, October 2010. Community Vision — Community Planning Goal: Plan for and fund projects that are consistent with the new community vision statement. Objectives: 1. Provide funding for reliable and adequate city infrastructure. Actions: a. Finalize the streetscape plans for North Atlantic Avenue as a two lane local roadway, provide funding options to City Council by July 2010. b. Initiate a dialogue with the Florida Department of Transportation to develop an urban roadway profile as requested since 1999 and the streetscape of State Road AIA. Fiscal Management — Governmental Operations Goal: Fiscal Management providing for a sustainable community. Objectives: 1. Develop new and or diversified revenue sources to fund City priorities. Actions: a. Development of a beach end parking meter program outlining capital outlay and operating procedures, February 2010. b. All departments will continue to evaluate new or expand existing revenue streams. 2. Plan to develop a budget that is prioritized by City Council. Actions: a. Each department shall develop a zero based operating budget for the 2010-11 fiscal year. b. Each department will develop a budget to eliminate deficiencies and promote efficiencies. c. Each department to evaluate service level operating shortfall of 10%, this can be offset by new or enhanced revenue. 3. Encourage innovation, then review and measure the performance of its effectiveness. Action: a. Re-establish a formal employee suggestion program with awards for cost saving innovation, February 2010. 4. Be accountable and transparent with all aspects of fiscal policy and management. Action: a. Continue to place the annual financial report and budget on the City web site. b. Continue to provide monthly and quarterly budget reports to the City Council. Quality of Life — Governmental Operations Goal: Quality of Life that delivers superior municipal public safety, (police, fire and building inspection), parks and recreation, culture and arts. Objectives: 1. Plan and fund reliable and efficient public safety facilities. Actions: a. Plan for and finance the acquisition of the Cape Canaveral Volunteer Fire Department property and the reconstruction of the facilities, June 2010. b. Complete the renovation of the Police facilities, July 2010. 2. Provide for diverse recreational opportunities and the effective use of all City parks and public places consistent with the community vision. Actions: a. The Recreation Department and Board continue to provide and plan a full year calendar of events and activities for all age groups. b. Locate a site for a neighborhood park in the northeast section of the City and funding method. c. Locate a site for a dog park and funding its development, June 2010. d. Plan for and finance the construction of a new youth center facility, April 2010. 3. Create clean, safe and walkable areas throughout the City. Actions: a. Utilize Brevard County Transportation impact fees to construct new sidewalks citywide, February 2010. b. Sheriff's Department to promote and encourage the formation of neighborhood watch programs. c. Grow and promote the volunteer community policing program. 4. Provide fair and consistent ordinance and policy compliance. Action: a. The Community Development department shall implement proactive code enforcement on those properties noted within Chapter IV of the community vision report. b. Adopt the latest version of the International Property Maintenance Code. Communications — Governmental Operations Goal: Develop a communication program that will inform and engage residents. Objectives: 1. Provide effective and timely communication with internal and external customers. Actions: a. Publish an annual state of the City report, and quarterly e -newsletters posted on the City web site, starting January 2010. b. Use technology to solicit citizen feedback on City programs, projects and services. c. Develop media partnerships with all outlets to promote City goals and objectives. 2. Develop a municipal corporate culture that embraces the new Cape Canaveral Vision Statement. Actions: a. All City Council Members, Board Members, and City Staff members shall become familiar with the new vision statement. b. Use the new vision statement as a guide to the development of future operating and capital budgets, land use codes and City policies. c. The Cape Canaveral Vision Statement and related maps shall be prominently displayed in all public City facilities. d. Communicate on the City web site the progress of implementing the community vision and email to those who participated in the process. e. Encourage continued public participation in all aspects of implementing the community vision. City of Cape Canaveral City Council Agenda Form %0 City Council' Meeting Date: 01/05/2011 Item No. 69 Subject: Appointment to Charter Review Committee by Council Member Hoog Department: Administrative Summary: With the passing of Mr. Tom Garboski, a vacancy was created on the Charter Review Committee. Council Member Hoog made the initial appointment of Mr. Garboski, Requested' Council Action: Appoint an individual to the Charter Review Committee Financial Impact: None Attachments: None Submitting Department Head: Angela Apperson, City Clerk Date: Approved by City Manager: Date: City Council Action: '-f-T-A-p—prbv6d_ -as Recommended Disapproved Approved with Modifications Tabled to Time Certain City of Cape Canaveral City Cound : I Agenida Form City Council Meeting Date: 01/05/20101 Item: No. Subject: Reschedule Space Coast League of Cities Meeting for April 2010 Department: Legislative — Mayor Randels Summary: The City of Cape Canaveral is scheduled to host the April Meeting of the Space Coast League of Cities. The Radisson is not available on the regular meeting date, which would be April 12, 2010. Options: • Move the meeting to the First Monday, which is April 5, 2010 • Move the meeting to the Second Wednesday, which is April 14, 2010 Move the meeting to the Third Monday, which is April 191, 2010 Exchange this month with another City or a city not now in the 12 month schedule. Requested Council Action: Provide Direction Financial Impact: No additional impact Attachments: information submitted by Mayor Randels Submitted by: Mayor Rocky Randels Date: Approved' by City Manager: Z Date: City Council Action: C---rJ Apofaved as Recommended Disapproved Approved with Modifications Tabled to Time Certain 9:00 P.m. AGENDA ,Board of Directors Regular Meeting Attitude Adjustment.- compliments •,WVu vs 4 JU -rut, mahwo Regular Membership Meeting & Dinner PROGRAM: Linda Weatherman, President Economic Development Commissio Of F - Adjourn lorida Space'Coast NEXT MEETING: Monday, May 11, 2009, Hosts: Indialantic & Melbourne Beach Space Coast League of Cities 0 16M [luMington 1mIc 0 Rockledge, PI, 32,955 CJ FAX (321) 636-3193 n- Telephone (321) 630-9916 -- SPACE COA.ST LEAGUE OF CITIES CAPT: CANAVENAL WiIAALANTIC. COCOA INDIAN HARBOUR IWACII M0,110URNF V11,1,AGI,' SATIA4.111; 111"AC3 I Orr COCOA BEMB MAMBAR PALM HAY TITUSVILLE. GR ANT,VALKAR 1A MIABOU14W. PALM SIJORFIS WE -ST "077ES 014'BREIARD WORKING TOGETHER" ANNOUNCEMENT' OF REGULAR MEETINGS Host: Cape Canaveral WHEN: ' Monday, April 13, 2009 WHERE: Radisson Resort at the Fort 8, 8701 Astronaut Blvd. Cape Canaveral, FL 32020 MENU. - CHOICE OF - Sliced Sirloinw7�Roasted Garlic Demi-Glace OR Fresh Grilled Salmon Chicken Breast Dijon Radisson ff�-U­se Salad w/Asso,rted Dressing Chef's Choice Vegetable & Starch Warm Rolls & Butter Coffee/Iced Tea Service Chocolate Cake: COST: $25-00. All dinner charges must be paid before or at the m.eeting. Member municipalities are responsible for ensuring timely payments for all guests attending from their municipality. RESERVATIONS: Must be made no later than Wednesday, April 8. Regular members reserve through their Clerk's Office. Cancellations and late reservations cannot be accepted after. the above date. Municipal clerks and other league members, please contact the executive secretary at 636-9916 -with names of attendees. 9:00 P.m. AGENDA ,Board of Directors Regular Meeting Attitude Adjustment.- compliments •,WVu vs 4 JU -rut, mahwo Regular Membership Meeting & Dinner PROGRAM: Linda Weatherman, President Economic Development Commissio Of F - Adjourn lorida Space'Coast NEXT MEETING: Monday, May 11, 2009, Hosts: Indialantic & Melbourne Beach Space Coast League of Cities 0 16M [luMington 1mIc 0 Rockledge, PI, 32,955 CJ FAX (321) 636-3193 n- Telephone (321) 630-9916 -- RADISSON MORT AT THE PORT. 8701 Astronaut Blvd. Cape Canaveral, FL 32920 Telephone: 321-784-0000 Fax; 32.1.-784-3737 www.radisson.com/capecanaveralfl