HomeMy WebLinkAboutPacket 05-21-2002CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENTATION
�2ty of Cape Canaveral
UNCIL REGULAR MEETING
CITY HALL ANNEX
enue Cape Canaveral, Florida
TUESDAY
May 21 2002
700 PM
AGENDA
Government Finance Officer's Association Award to the City Treasurer
Proclamation for Chamber of Commerce Week
BOARD INTERVIEW
Recommended Applicant for the Community Appearance Board — Paul Hurley
CONSENT AGENDA
City Council Regular Meeting Minutes of May 7 2002
2 Resolution No 2002-17 Re appointing a Regular Member to the Business
and Cultural Development Board (Bertie Edwards)
3 Amendments to the 2001/2002 Budget and City Treasurers Quarterly
Report
4 Banana River Blvd Sanitary Sewer Force Main Replacement in the
amount of $32 710 to Prime Construction Group Inc
105 Polk Avenue Post Office Box 326 Cape Canaveral FL 32920 0326
Telephone (321) 868 1220 FAX (321) 799 3170 www fcn state fl us/cape
e mail ccapecanaveral9cfl rr com
City of Cape Canaveral Florida
City Council Regular Meeting
May 21 2002
Page 2
ORDINANCES Second Public Hearing_
5 Motion to Adopt Ordinance No 02 2002 Amending the Official Zoning Map
as Described in Section 110 246 by Changing the Class of Certain Property
from R 2 to M 1 on 4 601 Acres and R 2 to C2 on 5 375 Acres
6 Motion to Adopt Ordinance No 09-2002 Amending Code Section 110-137
Procedures for Amendments and Rezoning
ORDINANCE First Public Hearing
7 Motion to Adopt Ordinance No 10 2002 Amending Code Sections 26 2
26 3 and 26-4 Relating to the Qualifying of Candidates Providing for the
Time of Qualification for Municipal Elections for second reading
DISCUSSION
8 Report on the Status of Sewage Lift Station No 4 Project Santa Cruz
Construction
9 Stormwater — Demonstration Project
REPORTS
1 City Manager
2 Staff
3 City Council
AUDIENCE TO BE HEARD
Comments will be heard on items that do not appear on the agenda of this meeting
Citizens will limit their comments to five (5) minutes The City Council will not take any
action under the Audience To Be Heard section of the agenda The Council may schedule
such items as regular agenda items and act upon them in the future
ADJOURNMENT
Pursuant to Section 286 0105 Flonda Sfafutes the Crty hereby advises the pubbc that If a person decides to
appeal any decision made by the Crty 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 capon which the appeal is
to be based This notice does not constitute consent by the Crty 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 Crty ClerKs office (868-1221) 48 hours in advance of the meeting
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 North Michigan Avenue, Suite 800, Chicago, Illinois 60801
312/977-9700 • Fax: 312/977-4806
August 27, 2001
Ms. Andrea Sowers
City Treasurer
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Dear Ms. Bowers:
We are pleased to notify you that your comprehensive annual
financial report (CAFR) for the fiscal year ended September 30, 2000
qualifies for a Certificate of Achievement for Excellence in
Financial Reporting. The Certificate of Achievement is the
highest form of recognition in governmental accounting and
financial reporting, and its attainment represents a significant
accomplishment by a government and its management. Congratu-
lations for having satisfied the high standards of the program.
We hope that your example will encourage others in their
efforts to achieve and maintain an appropriate standard of
excellence in financial reporting.
Each entity submitting a report to the Certificate of Achievement
review process is provided with a "Summary of Grading Results"
form and a confidential list of comments and suggestions for pos-
sible improvements in its financial reporting, techniques. Your
last has been enclosed. You are strongly encouraged to implement
the recommended improvements into the next report and submit it
to the program. Accompanying future submissions should be your
detailed response to each comment appearing on the list. These
responses will be provided to those Special Review Committee mem-
bers participating in the review.
Your Certificate of Achievement plaque will be shipped to you
under separate cover in about eight weeks. A holder of a current
Certificate of Achievement may include a reproduction of the award
in its immediately subsequent CAFR. A camera ready copy of your
certificate will be forwarded to you for this purpose under
separate cover in about eight weeks. if you reproduce your
certificate in your next report, please refer to the enclosed
instructions.
WASHINGTON OFFICE
9750 K Street, N.W., Suite 650, Washington, DC 20006
202/429-2750 • Fax: 202/429-2755
Ms. Andrea Bowers
August 27, 2001
Page 2
A Certificate of Achievement is valid for a period of one year_
To continue to participate in the Certificate of Achievement Pro-
gram it will be necessary for you to submit your next CAFR to
our review process.
In order to expedite your submission we have enclosed a Certificate
of Achievement Program application form to facilitate a timely
submission of your next report. This form should be completed and
mailed (postmarked) with three copies of your report, three copies
of your application, three copies of your written responses to the
program's comments and suggestions for improvement from the prior
year, and any other pertinent material with the appropriate fee
by March 31, 2002.
Your continued interest in and support of the Certificate of
Achievement program is most appreciated. If we may be of any
further assistance, please contact Delores Smith.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Stephen J. Gauthier
Director/Technical Services Center
SJG/ds
G,o
COCOA BE�ACHommerce AREA
Cher
May 8, 2002
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920-0308
Dear Mr. Boucher;
Through the support of our state representatives and senators, June 2-8, 2002 has been
proclaimed "Chamber of Commerce Week" in the State of Florida.
We kindly request that you consider an assembly of a resolution, similar to that
enclosed, endorsing this recognition and proclaiming this week as "Chamber of
Commerce Week" in your city.
The Cocoa Beach Area Chamber of Commerce is grateful for the relationship we have
with the businesses, organizations and government in the City of Cape Canaveral. We
strive to provide central Brevard County with the resources and services that help to
ensure economic prosperity and a high quality -of -life for our residents.
Thank you, in advance for your assistance in securing this resolution.
Sincerely,
Geo A. Ropert,
Director, Public Relations/Partnership Development
Cc. Rocky Randels, Mayor -City of Cape Canaveral
Attachments (1)
400 Fortenberry Road, Merritt Island, FL 32952 = 321-459-2200 = 321-459-2232 FAX
Web Site: http://www.cocoabeachchamber.com
Provdiy Serving, Cape Canaveral, Cocoa. Cocoa Beach, Kennedy Space Center, Merritt Island, Patrick Air Force Base, Port Canaveral, Port St. Jahn, Rockledge, Suntree, Vim and Brevard County.
WHEREAS, the Cocoa Beach Area Chamber of Commerce serves our
community, representing small and large businesses and organizations operating
in the community; and
WHEREAS, in addition to promoting the business, civic, and economic
interests of our area, the Cocoa Beach Area Chamber of Commerce provides
input to leaders on all levels of Government regarding issues of critical concern
to businesses and residents; and
WHEREAS, the Cocoa Beach Area Chamber of Commerce also
vigorously leads our communities in advancing economic prosperity, establishing
clear community visions, and solving tough problems; and
WHEREAS, the Chamber's volunteers give unselfishly of their time,
energy, and expertise in advancing the purposes of the Chamber and in meeting
the goals of its annual programs.
NOW, THEREFORE, be it Resolved by the City of Cape Canaveral: That
the City council pauses in its deliberations to recognize the merits of the Cocoa
Beach Area Chamber of Commerce in the City of Cape Canaveral and to
express its sincere appreciation for the steadfast efforts of all those involved in its
organization.
BE IT FURTHER RESOVED that the City of Cape Canaveral
enthusiastically designates the week of June 2-8, 2002, as
CHAMBER OF COMMERCE WEEK
Date: May 13, 2002
To: Susan Stills, City Clerk
From: Susan Chapman, Secretary to the Community Appearance Board
Re: Paul Hurley, Prospective New Board Member
At the Community Appearance Board meeting of May 5, 2002, the Board members
interviewed Mr. Paul Hurley as a prospective new Board member. Following the
interview, the Board members recommended that City Council appoint Mr. Hurley to the
Board at the earliest time possible because the Board Chairperson will be taking a leave
of absence for the next three months.
boardapp
City Council I City_.HalI I Home _Page
City of Cape Canaveral
City Board Application
Page 1 of 2
Please Print and Fax to Our Office at (321) 799-3170.-
Applicant
99-3170:Applicant Name: Home Telephone: 321 r ?? 9 ` yea (o 3
Home Address: f!p ��� G �C.y d O 11 U e # 3 SO
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Business: :;Z -61n Business Telephone: yo 7- 5� 7 Z)'- g y7 y
Office Address: 90 / 1i9,14f,6 lies //A) 1f1�1 /(%,�
Brief Description of Education and Experience:
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Are you a registered voter? Yes: No:
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Have you been a resident of the City for 12 months or longer? Yes: v No:
Do you currently hold a public office? Yes: No:
Are you presently employed by the City? Yes: No: 6-1
At the present time, do you serve on a City Board? Yes: No:
At the present time do any of the following relatives of your serve on the City Council: father, mother,
son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent,
grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, ste son, stepdaughter, stepbrother, stepsister, half brother or half sister?
Yes: No: :
At the present time, do any of the following relatives of yours serve on any other City board,
commission or special di/strict: spouse, parent, child, grandparent or sibling of the whole or half blood?
Ye's: No.
Please specify on which City Board you are interested in serving : (indicate Preference, 1 st, 2nd, 3rd,
etc.)
Board of Business & cultural
http://www.myflorida.com/cape/boardapp.html 311102
boardapp
Beautification Adj
ustment* Development
Code Enforcement * 3 Community Appearance* Construction Board
of Adjustment & Appeals*
Library
� IJ D Planning & Zoning Recreation
Page 2 of 2
*Members of these Boards are required to complete Financial Disclosure Form upon appointment to
said Board and prior to July 15th of each year following the initial appointment while still a member of
said Board. CpNCZ&.V G Gi 'r; 44— U
Please list what you feel are your qualifications to serve as a member on one of the City's Boards:
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Would you consider serving on another City Board other than the one(s) you have selected on the front of this far. L��, �
Yes: No:
Applicant's Signature: Date: 3 D �^
PLEASE NOTE:
. Initial appointment to any City Board is. subject to City Council approval following a
brief interview before the City Council at a regularly scheduled meeting.
. Your application will remain effective for one year from the date of completion.
. If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
http://www.myflonda.com/capeiboardapp.html 3/1/02
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 7, 2002
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Jim Morgan
Mayor Rocky Randels
Mayor Pro Tem Buzz Petsos
Richard Treverton
Council Members Absent:
Larry Weber
Others Present:
Bennett Boucher, City Manager
Mark McQuagge, City Attorney
Susan Stills, City Clerk
Morris Reid, Building Official
Ed Gardulski, Public Works Director
John Pekar, City Engineer
CONSENT AGENDA:
Mayor Randels asked if any Council member, staff or interested party desired to remove
any item from the Consent Agenda for discussion.
1. City Council Regular Meeting Minutes of April 16, 2002.
2. Letter of Support for the Distribution of Federal Anti -Drug Abuse Act Funds
for the 2002/2003 Fiscal Year.
3. Transportation Impact Fee Trust Fund Disbursement Agreement with
Brevard County, for the Funding of a Pedestrian Bridge and Related
Sidewalks along the West Side of SR AIA.
No request was made to remove an item for discussion
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton approve
Consent Agenda Items No. 1, 2 and 3. The vote on the motion carried 4-0 with voting as
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 2
follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr.
Treverton, For.
ORDINANCE: First Public Hearing:
4. Motion to Adopt: Ordinance No. 09-2002 Amending Code Section; 110-137,
Procedures for Amendments and Rezoning, for second reading.
Mayor Randels read the title of Ordinance No. 09-2002.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTION; 110-137, PROCEDURES FOR AMENDMENTS AND
REZONING, BY AMENDING THE NOTICE REQUIREMENTS TO PROVIDE FOR WRITTEN
NOTIFICATION TO ALL AFFECTED PROPERTY OWNERS WITHIN A RADIUS OF 500 FEET;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Morgan and seconded by Mr. Treverton to approve Ordinance
No. 09-2002 for second reading.
Mr. Treverton asked who would supply the list of the names of the affected property
owners. He said that the ordinance implies that the applicant would supply the names. Mr.
Treverton stated that someone needed to double-check the listed owners. Mr. Morgan
replied that generally in other cities or the County, they would provide you a map showing
the owners and it's the applicant's responsibility to notify them. The applicant can pay the
County for the research to provide the names of who to notify without burdening City staff.
Attorney McQuagge related the procedure from the Planning and Zoning Board to use the
list from the County Property Appraiser's office and for staff to cross check that list of
owners within a 500 -foot radius. Mr. Treverton pointed out that on page 41 of subsection
(g) the language reads that the notice shall be mailed to affected property owners. Mayor
Randels clarified that the previous language stated that a courtesy "may" be mailed to the
affected property owner and the new language states, "shall" be mailed.
Mr. Tom Quinn, a local developer, stated that with a legal description and for the cost of
$20 the Property Appraiser's office would generate a list of the names of all the property
owners within that 500 -foot radius of that property. This list is alphabetical, by parcel
number and also includes mailing list labels. Mayor Randels referred to Item G and
questioned who would mail the notices. He suggested including the language "by the City
Clerk's office using certified mail." Mayor Randels read the paragraph using his intended
language as, 'for proposed zoning changes a notice shall be mailed to the affected
property owners as defined in sub -paragraph 6 of paragraph "c" of this section as
immediately above by the City Clerk's office using Certified Mail." Mayor Randels
suggested an amended motion to that effect. Mr. Reid noted that a certified letter requires
an additional mailing charge perhaps to be incurred by the developer. Mr. Nicholas replied
that re -zoning requests were few.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 3
An amendment to the main motion a made by Mayor Randels and seconded by Mr.
Morgan to change the language in Section G, Page 41 to add, "by the City Clerk's Office
using Certified Mail." Attorney McQuagge also suggested within that same provision to
change in the language to read paragraph "c" and not a as printed within that same
paragraph.
The vote on the main motion carried 4-0 with voting as follows: Mr. Morgan, For; Mayor
Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For.
RESOLUTIONS:
5. Motion to Adopt: Resolution No. 2002-13; Final Plat Approval of Adams Villas
-- Phase II.
Mayor Randels read the title of Resolution No. 2002-13.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPROVING THE FINAL PLAT OF "ADAMS VILLAS — PHASE II"; AUTHORIZING THE
MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Randels stated that these are numbers 107 and 109 Adams Avenue. Mr. Morgan
inquired about the easement across the front of the property. Mr. Quinn responded that
the City ordinance required this easement. Mr. Morgan stated that he believed the
ordinance called for an easement on the sides and the rear. Mr. Quinn stated that he did
have an easement for drainage and water. Mr. Quinn stated that the easement is for a
water line. Mr. Treverton questioned why Council was approving the re -plat subsequent to
construction on the property. Mayor Randels explained that the approval is on the as -built
plat and the previous plat is a preliminary plat.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan.
The vote on the motion carried 4-0 with voting as follows: Mr. Morgan, For; Mayor Pro
Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For.
6. Motion to Adopt: Resolution No. 2002-14; Final Plat Approval of Jefferson
Villas.
Mayor Randels read the title of Resolution No. 2002-14.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPROVING THE FINAL PLAT OF "JEFFERSON VILLAS"; AUTHORIZING THE MAYOR
AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels stated that these are numbers 112 and 114 Jefferson Avenue. A motion
was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to approve Resolution
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 4
No. 2002-14. The vote on the motion carried 4-0 with voting as follows: Mr. Morgan,
For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For.
7. Motion to Adopt: Resolution No. 2002-15; Supporting Inclusion of A Bicycle
and Pedestrian Lane in the Redesign of State Road 528 Indian River Bridge.
Mayor Randels read the title of Resolution No. 2002-15.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA; SUPPORTING INCLUSION OF A BICYCLE AND
PEDESTRIAN LANE IN THE REDESIGN OF STATE ROAD 528 INDIAN RIVER
BRIDGE.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to approve
Resolution No. 2002-15 for discussion. Mayor Pro Tem Petsos said that he favored
installing bicycle and pedestrian lanes wherever possible but contended that State Road
528 is a limited access highway. Mr. Morgan replied that it is a good idea but expensive
to implement. Mr. Mr. Gene Petre asked how the Master Plan for the Brevard County
Bicycle path tied in to this concept. He stated that there is a meeting on May 20th and
this concept may be relative. Mayor Randels summarized that the Council could not
support this Resolution with the limited knowledge available.
A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to table
Resolution No. 2002-15. The vote on the motion carried 4-0 with voting as follows: Mr.
Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For.
8. Motion to Adopt: Resolution No. 2002-16; Final Plat of Tyler Gardens.
Mayor Randels read the title of Resolution No. 2002-16.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPROVING THE FINAL PLAT OF "TYLER GARDENS"; AUTHORIZING THE MAYOR
AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to approve
Resolution No. 2002-16. Mayor Randels stated that these are the four Lots Numbers
8455, 8465, 8475 and 8585 on Rosalind Avenue The vote on the motion carried 4-0
with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels,
For and Mr. Treverton, For.
DISCUSSION:
9. Controlling Non -Point Source Runoff Pollution from Roads.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 5
Mr. Morgan referred to the agenda packet and noted the information on non -point
pollution prevention and control. He stated that he also derived from the Comprehensive
Plan under the natural groundwater aquifer recharging and placed a copy in Council
member's packets. Mr. Morgan stated that he would like to see any City owned property
take advantage of using it in part for water retention. He stated further that before giving
away any right-of-way property, while still in the City control, he would like to see an
outfall such as that in Harbor Heights percolated back in. Mayor Randels replied that
this is good information prior to the City Manager's forthcoming meeting with the Ocean
Woods and Ocean Oaks Homeowners' Association.
Mr. Treverton inquired about the mentioned outfall in the Harbor Heights area. Mr.
Boucher replied that there is a culvert at the south end of the cul-de-sac. Mayor Randels
clarified that this is a catch basin. Mr. Treverton expressed that this concept would
assist in other projects by using semi -pervious materials to create a swale. Mr. Morgan
explained how he would require a cut in construction projects to create somewhat of a
swale and use a pervious material. Mayor Randels replied that grant funding might be
available for this concept. Mr. Treverton clarified that he meant "pervious" materials
when explaining his concept. Council directed the City Manager to work with the
Homeowners' Associations to create a stormwater retention area. Mayor Randels
expressed two points for clarity that this would be a dry retention pond and that the City
would provide maintenance. Mayor Pro Tem Petsos stated that the future aspect of
implementing this concept is a lessened storm water fee requirement.
10. City Code of Ordinances, Review of Chapter 22.
Attorney McQuagge stated that what he is essentially recommending is an additional
administrative appeal step prior to allowing an aggrieved individual on decision by the
Community to proceed to the Circuit Court. This would allow Council's review of an
aggrieved individual from the Community Appearance Board. Attorney McQuagge also
referred to the one member who is on a leave of absence in that he had previously
asked the Council for an inactive period. However, after looking at the make up of the
Board, that the remaining number of members is appropriate. However, Attorney
McQuagge did recommend the language for the Appellate procedure. Mayor Randels
read the intended language that reads, "any person aggrieved by the final decision
rendered by the Community Appearance Board may seek review of such final decision
by a quorum of the City Council following said review a person or the City may seek
appropriate relief in a manner provided by general law." Council directed the City
Attorney to provide a draft ordinance to amend the procedure for the next City Council
meeting.
Mayor Pro Tem Petsos also recommended an amendment to the language in Section
22-28 on page 84 referencing the number of members on the Business and Cultural
Development Board as five members and four alternates and in Section 22-37 on page
86 reads, five members and two alternates. Mayor Randels clarified that the alternates
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 6
could enter into the discussion, although they could not vote. However, an alternate
would be prepared to act in the absence of a regular member.
11. Sanitary Sewer Cost Sharing.
Ed Gardulski, Public Works Director, referred to the completion of the sanitary sewer
line construction on Oak Lane and posed the question of who should bear the cost. He
stated that the Code provides for the property owner to construct a sewer line to their
property. Mr. Gardulski explained that with the replacement of Lift Station No. 4 and the
Force Main, the chosen route was through Harbor Heights with a gravity line through
Oak Lane. Therefore the decision for the Council's review is who would pay for this
cost. Mr. Gardulski proposed one of two options the first option, that each property
owner bears the cost for their linear footage at $32.65 per linear foot. Mr. Gardulski
replied to Mr. Morgan that an 8 -inch line was installed. The second option included
analysis of the impact fee to install the line charged to the property owner. Mr. Gardulski
said that if the Council decided that the property owner pay for the line, they would also
need to pay for the impact fees. Mr. Morgan expressed that paying both fees would be
difficult on the property owner. Mayor Randels replied that no impact fees were charged
when previous homes were assessed with sewer line service.
Mayor Randels clarified Mr. Gardulski's two options in that the first proposal allows the
owner to pay for their sewer line according to the amount of frontage on the property.
The second option is more complex and takes into account the future economic
development and potential value of the impact fees and increased ad valorem benefits,
such as commercial development. Mayor Randels stated that the cost of $32.65 would
be applied to the frontage area of the property. Mr. Morgan stated that paying for both
fees was not previously the City's policy. Mr. Gardulski said that the owner has 365
days to connect to service. Mr. Morgan expressed that the fairest manner is the $32.65
per linear foot charge. Mr. Treverton also concurred with this charge. Council agreed by
a majority that the existing homes would not be charged the impact fee. Mr. Nicholas
questioned if the Jamieson property were to be charged. Mr. Gardulski replied that the
Jamieson property has an existing sewer line.
Mayor Randels stated the consensus of the Council as, if were no impact fees in the
year that the existing homes were built, then the City would charge those property
owners for the front footage on the length of their lots only. Mr. Morgan expressed that
a front foot assessments could also be paid on undeveloped lots. He explained that if
the lots were sold to a developer or another owner, then an impact fee would be paid.
Mayor Pro Tem Petsos stated that this would make sewer available at the property and
that would be a selling point. Mayor Randels noted that currently the developer pays for
the sewer line to the property if there is no existing line and subsequently charges the
owner. Mr. Gardulski restated Council's desire to assess existing property for the front
footage only with no impact fee payment. Mr. Morgan clarified that if existing property
owner has already paid this front foot assessment if they build a house, then they have
already paid. However, if they sell that property then it changes title. Mr. Gardulski
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 7
reminded that commercial property could also be built in this area. Mr. John Pekar
pointed out that a cost would be incurred to remove the septic system on the three
existing homes. Mayor Randels summarized that on Oak Lane the existing three homes
would pay the front foot assessment fee, all other owners would pay impact fees on new
construction. Mr. Morgan stated that the ordinance provides for a letter that tells the
property when sewer is purchased for them that they have a certain time period to
connect.
REPORTS:
1. City Manager
• Mr. Boucher related that Mr. Gardulski would need additional funds for the parking lot
area at the Manatee Sanctuary Park. The State has provided verbal approval and a site
plan is pending from Stottler, Stagg and Associates. Recreation impact fees could be used
to pay for this improvement. Mayor Pro Tem Petsos asked for a cost difference between
the shell surface and a pervious parking area. Mr. Boucher stated that a base is needed.
Mr. Reid replied to Mr. Morgan that at a 6 -inch base, there is a 2,000- pound capacity. Mr.
Boucher replied that changes could be made after the pavilion and additional construction.
Mr. Gardulski stated that due to the grant funding agreement, approval is required before
any changes were made. Mr. Nicholas asked if there were any possibility of reverse water
flow from beneath the pervious surface. Mr. Morgan replied that with enough pressure a
hydraulic effect would, but it would also float asphalt and coquina if they were present.
Mayor Randels summarized that a revision to the grant fund is needed to use a pervious
material instead of coquina. Mr. Morgan suggested turf blocks that allows percolation and
turf growth. Mr. Reid clarified that a base was needed regardless of what material is
chosen to pave the parking area. Mayor Randels stated that no paving would occur until
staff provides a parking lot plan for the base material.
• Mr. Boucher deferred to Mr. Gardulski who outlined the construction problems
experienced at the Sewer Lift Station No. 4 project. Mr. Garsulski stated that de-
watering is the primary concern. He listed the removal of an electrical line, re-routing the
lift station force main, constraints on installing the sheeting and fitting the lift station in
place as designed as other concerns. He stated that the equipment is constructed for the
lift station and waiting for delivery. Mr. Gardulski stated that once the hole is dried, rock is
added to deter sinking prior to installing the equipment. Mr. John Pekar, City Engineer,
responded to the noise concerns due to the de -watering and said that 82 decibels were
detected near the site that is the level of a normal conversation, and 50 decibels detected
as you move away from the site. Mr. Pekar restated that all seven pieces of equipment for
the lift station are fabricated and waiting for delivery and once delivered and set in place,
the hole and the sheet piling could be removed fairly quick. Mr. Gardulski distributed the
new work schedules to the Council.
Mr. Dacks Rodriguez, Santa Cruz Construction, addressed the Council. He explained that
extreme situations were experienced during the installation phase that would not be
anticipated in the closing process. Mr. Rodriguez emphasized that a dry base is
necessary. He would like to expedite the project, however if they lose the de -watering
process it would make the job more difficult. Mayor Randels reminded that Cape
Canaveral is not the only City on a barrier island with a lift station and expressed that this
was not a unique experience. Mayor Randels expressed the need for a definitive date on
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 8
the project's completion. Mr. Rodriguez stated that alternate installation options have been
attempted. He stated that the schedule is contingent on the configuration of the pieces of
equipment with the hole. He replied to Mr. Morgan that it has been a continuous, slow-
moving effort due to space constraints. Mayor Pro Tem Petsos asked if the company is
working with an engineer on the de -watering. Mr. Rodriguez affirmed that he was working
with the City's engineer and Well Point Professional. Mr. Pekar explained that another
header pipe would help with the process. Mayor Randels summarized that June 18th is the
approximate date of completion. Mayor Randels requested that Mr. Rodriguez return
before the Council on the project's progress at the next City Council meeting in two weeks.
Mayor Randels reminded that a Performance Bond was issued on this project.
• Mr. Boucher reported that the employee Wellness Testing was successful. A follow-up
feedback session is due in the coming week.
• Mr. Boucher stated that he requested status reports from staff in order to provide more
information on current activities.
• Mr. Boucher reported that the City engineer is anticipating permits from Florida
Department of Transportation on the SR AIA west side Pedway Bridge.
• Mr. Boucher also reported that the City engineer is working with RIOT Construction on the
city sign location. Booring is scheduled and Mr. Pekar will complete the proposal for the
site work. Once the site work is complete, Mr. Pekar will submit a design/build for the sign.
• Mr. Boucher referred to a letter from the Fire Chief regarding a peacock causing an
accident involving a child. Mr. Boucher stated that under the City's code Cape Canaveral
is a bird sanctuary. However, under the State's definition these birds are non-native and
not protected. Council recommended thinning the birds based on a life safety issues. Mr.
Boucher asked if there were any preferred methodology. Staff would perform research on
a method to decrease the peacock population in the City.
• Mr. Boucher announced a call from a developer regarding Center Street as an R-3
development location. Mr. Morgan noted that one lesson learned is a good buffer between
the river and the beginning of any building line.
• Mr. Boucher reported on a construction accident at Puerto Del Rio where a worker fell
five -stories down an elevator shaft. The worker sustained injuries but he survived the fall.
2. Staff
Mr. Gardulski
Mayor Randels inquired about the tree planting. Mayor Pro Tem Petsos also inquired
about trees being installed in the location of potential sidewalks. Mr. Gardulski replied that
the side of the road was marked in order to measure tree placement. Mayor Pro Tem
Petsos also inquired about installation on vacant properties and asked if installation would
be done on existing home fronts. Mayor Pro Tem Petsos suggested placing a notice on
the web site about trees available for existing homes.
Mr. Reid
• Mr. Reid reported with a construction update stating that the foundation has been
installed on Cape Caribe, there is a building application for a five -story unit between
Jackson Avenue and the ocean.
• Mr. Reid announced a direct hot line for building inspections that allows for message
calls from developers and contractors. Staff will still be available to answer questions and
provide information on the regular City Hall lines.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 9
City Clerk
• Mrs. Stills announced the City Board Appreciation Dinner, Saturday, May 18th and
encouraged those who had not yet responded to do so.
• Mr. Stills announced that the Cape View Third Grade Class would re -visit City Hall and
the Sheriff s precinct on Friday, May 17th. An E-mail letter was forwarded to Council and
staff. Each of the three classes would visit each of the three building for 30 -minute
intervals. All members of the Council are encouraged to attend.
• Mr. Stills reported that she received a call from Mr. Frank Hegge of the Florida League of
Cities. He requested to do a two-page spotlight on the City in the Quality Cities
magazine focusing on Cape Canaveral's technology innovations such as the Council's use
of laptop computers, our use of the E -Better Place Civic Tracker and the City's web page.
Mr. Mike Taylor also of the League office has requested that the City's web master speak
at a conference on the topic of developing a web site for small cities.
City Attorney
• No report.
AUDIENCE TO BE HEARD:
Mr. Leo Nicholas spoke on peacocks and nuisance abatement. He was glad to see that
the Council was taking action on the matter.
Mr. Leo Nicholas related that he inherited several large flags from the local car
dealerships and he needs a proper method of disposal. Mayor Pro Tem Petsos
suggested contacting the Boy Scouts to perform a ceremony as a project. Mayor Randels
replied that all the hospitals have an incinerator for their hazardous waste materials. Mr.
Morgan questioned if the County might also have a large incinerator on Adamson Road.
Mrs. Ivy Bolanowski, resident on the corner of Ridgewood and Lincoln Avenue, spoke on a
fence permit that she acquired from the Building Department in that the person who
installed the fence was told to stop working during installation. Mr. Boucher replied that the
Bolanowski's submitted a claim and the Florida League of Cities claims adjustor denied
the claim. Mr. Boucher stated that the Bolanowski 's applied for a fence permit, however
the fence was built within the City right-of-way and therefore the installation was stopped.
Mrs. Bolanowski stated that the fence was within the property. Mr. John Bolanowski stated
that the City previously gave him permission to install a fence and his intention was to
increase the height of that existing fence that the City gave him permission to install.
Mayor Randels clarified that the existing wall might have been permitted at the time of
installation, however they are not allowed to add to non -conformity. Mrs. Bolanowski said
that the Florida League of Cities asked why a survey was not performed however the
permit was based on the map that she provided. Mr. Morgan stated that he is a neighbor
of the Bolanowski's and he reported on his research of the matter and that he followed it
up to the decision from the League, unfortunately as a lawmaker could not solve the
problem. He said that it becomes a civil issue in his opinion at this point and a Small Claim
might provide remedy. Mrs. Bolanowski stated that her legal counsel encouraged her to
seek the City Council. Mr. Morgan replied that she has tried all the remedies at the City
level. Attorney McQuagge responded that the Florida League of Cities and their attorney
would cover this matter. He stated that the Council did not have the authority to provide
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 10
remedy. Mr. Reid stated that the site plan on file was done previously and represents their
property, however the fence was installed in the road right-of-way.
Mr. Gene Petre asked if there were any plans to remove a large tree trunk on the beach
in the Harbor Heights area prior to hurricane season. Mr. Boucher replied that this is
difficult due to turtle season but could be done subsequently.
Mr. Petre also inquired about a young man in the Ocean Woods and Harbor Heights who
is creating a large mound of sand. Mr. Boucher replied that he would be told to contact
the Florida Department of Environmental Protection.
Mr. Petre asked the City Clerk for a copy of Resolution No. 2002-15.
2. City Council
Mr. Morgan
• Mr. Morgan inquired about the letter from Mr. Saurenmann and a potential lawsuit and he
asked what fence was in question. Mr. Boucher replied that it is the 50 -foot right-of-way
from Harbor Heights to North Ridgewood Avenue.
• Mr. Morgan expressed that he made an improper decision regarding the gentlemen and
the removal of poinsettias from a City median in that the gentlemen thought he was
acting with permission. Mr. Treverton suggested a letter of apology. Mayor Randels stated
that the gentleman is his neighbor and he was told that he could have the plants after
removal from the median. Mr. Boucher replied that the gentleman called the City
Manager's office and he was told not to remove the plants from the median. Mr. Morgan
felt that a letter of understanding should be written to the gentleman. Mr. Boucher stated
that a letter would be forwarded stating the Council's policy on citizens removing
landscaping from City medians.
• Mr. Morgan inquired about the Fairvilla sign status. Attorney McQuagge met with Attorney
Beals and a discussion item will be placed on the first City Council agenda for June.
Mr. Treverton
• Mr. Treverton reported on his visit to the Brevard Community College Computer Lab
open house and he related the paperless agenda packets that our City uses.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos asked if there were any interest in the Senior Homestead
Exemption that would provide an additional exemption for citizens over 65 years -of -age.
• Mayor Pro Tem Petsos also inquired about the letter from the League of Cities requesting
that the City forward a letter to the Governor on the Presumption Bill. This would greatly
increase the disability payments due to Fire and Police staff that incur cancer on the job
and not from smoking. Mayor Pro Tem Petsos expressed that he opposed the bill as well
as other members of the Council. Staff will forward a letter in opposition to the Bill.
• Mayor Pro Tem Petsos inquired about the boat and now the truck for sale on the Fairvilla
lot.
• Mayor Pro Tem Petsos asked if the City could solicit the Florida Department of
Transportation (FDOT) to install a painted divided median. Staff will forward a letter to
FDOT.
• Mayor Pro Tem Petsos inquired about the repair of the leak in the Council chambers.
Mr. Gardulski replied that he is seeking assistance from the original contractor.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 7, 2002
Page 11
• Mayor Pro Tem Petsos expressed concern with the Sheriff's report of vehicle break-ins
that included missing badges from Kennedy Space Center and the potential problems.
• Mayor Pro Tem Petsos requested a brief daily status report of department activities for all
Council members.
Mayor Randels
• Mayor Randels expressed thanks for the City Attorney's and the Public Works reports.
• Mayor Randels reported on increased patronage on the new trolley. He also announced
the colored coated, wallet -sized map. He related the City Manager's idea of a monthly pass
or 12 -rides for one fee. Mayor Randels also reported that the Center for Urban
Transportation performed an analysis of cost for 18 separate bus lines in the County and
found that $2.70 per resident, per capita is the cost for our bus line. This cost is
comparatively lower than other counties.
• Mayor Randels announced the Spring Edition of Beach -Val -U Directory, that published a
letter of congratulations from our Mayor.
• Mayor Randels reported that Cape Canaveral was awarded Second Place in the Orange
Juice Squeeze -Off.
• Mayor Randels announced that the City received good press in the Brevard Business
News. Cape Canaveral reached a plateau of between $10,000 and $19,000 for United
Way.
• Mayor Randels also reported that the Brevard Community College Computer Lab is
open. Our City will be the first to enroll employees in the available courses.
• Mayor Randels announced the need to re -schedule for the Editor's Day Out with Susan
Smiley -Height of the Space -Coast Press Tribune at the Manatee Sanctuary Park due to
paving issues.
• Mayor Randels expressed that he has been in contact with one of the gentleman
bidding on the Cocoa Beach wall project.
• Mayor Randels reported that the St. John's Water Management's health
insurance has increased by 9.7 percent and that this would be a consideration
during our budget process.
• Mayor Randels announced the Dare Graduation on the following Wednesday,
May 8h at the Cape View Elementary School. Specialty vehicles will be displayed.
ADJOURNMENT:
A motion was made by Mr. Morgan and seconded by Mayor Randels to adjourn the
meeting a 9:40 P.M. Motion carried unanimously.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
Meeting Type: Regular
Meeting Date: 5121102
AGENDA
Heading
Consent
Item
2
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2002-17; REAPPOINTING A REGULAR MEMBER TO THE
BUSINESS AND CULTURAL DEVELOPMENT BOARD.
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the reappointment of Mrs. Bertie Edwards as a Regular Member of the
Business and Cultural Development Board.
Summary Explanation & Background:
See attached Resolution, term will expire on 611104.
1 recommend approval.
Exhibits Attached:
Resolution No. 2002-17
Cit gar's
Department
RESOLUTION NO. 2002-17
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City
Code Section 22-27 created a Board known as the Business and Cultural Development
Board; and
WHEREAS, it in now incumbent upon the City Council of the City of Cape Canaveral to
reappoint (1) one regular member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Bertie Edwards is hereby re -appointed as a regular member of the
Business and Cultural Development Board of the City of Cape Canaveral, Florida, with terms to
expire on June 1, 2004.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of
'2001.
ATTEST:
Rocky Randels, MAYOR
Jim Morgan
Susan Stills, CITY CLERK Buzz Petsos
Rocky Randels
Richard Treverton
APPROVED AS TO FORM:
Larry Weber
Mark McQuagge, CITY ATTORNEY
FOR AGAINST
G:lCityClklResolutionslBOARDS\Reappointments\Business & Cultural Development.doc
Meeting Type: Regular
Meeting Date: 5121102
AGENDA
Heading
Consent
Item
3
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: QUARTERLY TREASURER'S REPORT AND BUDGET TRANSFERS FOR THE
PERIOD ENDING 3/31/02.
DEPT./DIVISION: ADMINISTRATION/ FINANCE
Requested Action:
City Council consider approval of the Quarterly Treasure's report and Budget Transfers for the
quarter ending 3/31/02 as presented by the City Treasurer.
Summary Explanation & Background:
See attached memo.
I support the City Treasurer's recommendations.
Exhibits Attached:
City Treasurer's Memo: 5/19/02.
Ciager�'_,
Department
MEMORANDUM
DATE: MAY 9, 2002
TO: HONORABLE MAYOR AND
MEMBERS OF THE CITY COUNCIL
FROM. ANDREA BOWERS
CITY TREASURE
SUBECT: BUDGET REPORT AND TRANSFERS FOR THE SECOND
QUARTER OF FISCAL YEAR 2001/02, QUARTER ENDED 3/31/02
The second quarter of our fiscal year is now complete. The general economic outlook
appears to be getting slightly better as interest on investments starts to revive. With only
a few amendments, listed below, projections for revenues seem to be on schedule. With
the removal of all grants and one-time payments from the equation, the collection
percentage for ongoing operating revenue stands at 64% collected.
FP&L has announced base rate and fuel surcharge reductions, to be effective with the
June or July revenue receipts. The fuel surcharge reduction will affect the Utility Tax
Revenue. The base rate reduction will affect both the Utility Tax Revenue and the
Franchise Fees. After analysis, the Utility Taxes are even with projections and Franchise
Fees are 15% over projections, which will make up any deficit to the Revenue. At this
time no adjustments will be made.
A close watch of the new Communications Service Tax reflects an expected increase in
collection over prior year revenues and it is expected that the City will collect an
additional $ 100,000 by year-end.
Development within the City has progressed at a significant rate and revenues attributable
to permitting have at this half-year point exceeded initial expectations. These revenue
projections will be increased to reflect current estimates.
County shared impact fees, receivable for the construction of the Porter Pedway Bridge,
were budgeted to be received at the beginning of the current fiscal year. Those funds,
while received in FY 2001/02, were accrued at year-end in FY 2000/01. Budgeted use of
these funds requires an adjustment from revenue to Appropriated Fund Balance.
Currently the appropriation of Fund Balance is $243,321 and General Fund Capital
Expenditures are $636,320.
Current County shared impact fees, slated to fund the construction of the Pedway bridge
on the West side of SR AIA are increased to $65,000, reflecting the contract amount.
As all are aware, we have watched our earnings from investments decline during the
recent dip in the economy. Interest projections are downsized to reflect the current
investment environment.
To maintain compliance with the State Statutes concerning our budget, both original
budget and any amendments must be formalized with Ordinances. Budget transfers done
throughout the year will be accepted by Council through a vote. At the end of the year
these transfers will be formalized into a Final Budget Amendment Ordinance.
Following is a brief dialogue concerning budget amendments requiring attention. It
should be noted that only those items representing a significant change in fiscal policy
have been offered for adjustment. It is not the intent of these amendments to adjust each
account to reflect actual activity. Some of these items have previously been approved,
and the technical adjustment is merely housekeeping.
To help the Building Department and Planning and Zoning, a part time secretary was
hired through a Temp service. This position is being funded through a transfer of
available funds from Code Enforcement. Capital Purchases for Planning and Zoning is
increased $10,000 to cover the cost of the Planning Partnerships Software purchase,
approved by Council 3/19102.
Commander McGee has requested additional funding to purchase an All Terrain Vehicle
and two laptop computers. I have included a copy of his request. This request would
increase Public Safety Capital Equipment by $12,725.
The Streets Department requires an increase in Capital Improvements Other Than
Buildings of $58,300. This is comprised of the following items:
$(20,000) West AIA Pedway Bridge originally budgeted for $45,000
received a transfer during first quarter for $40,000. Project costs
estimated to be $65,000. This adjustment brings the appropriations
into line with projected costs.
8,300 Slab, roof and wiring for Sheriff s generator at Annex
13,000 Paving of Banana River Blvd. (approved by Council 4116/2002)
57,000 Paving of Harbor Heights (approved by Council 411612002)
Due in part to ongoing utility audits conducted by the Finance department and the
tremendous growth in development within the city, Garbage Services require an increase
to fund the City's payments to Waste Management. These increases are offset by
corresponding increases in projected revenue.
Non -Departmental Professional Services has been budget to account for services
provided to acquire the new Health Benefits program. Consultation to set up a
Stormwater Utility has also been budgeted. Revenues in excess of increased
expenditures, excluding the roads resurfaced and increased capital for Public Safety,
which are reflected in Appropriated Fund Balance, are used to increase the Contingency
Account.
In other funds Police Education has been increased to cover the $10,000 in training
requested in the current contract. Impact fees for the Ariel Fire Truck have come in
higher than expected and are increased to reflect the new construction. Cash Forward has
been increased in the Beautification Fund to fund Bennix expenditures. Reserves
(Contingency) has been decreased to reflect the interest income reduction.
While income from operations of the Sewer Fund languished during the first quarter,
revenues have shown a decided increase and by year-end should be on target. Active
development has increased the Sewer Impact fees collected, generating a material
increase in projections. As with the General and Beautification Funds, interest income
has been reduced to reflect the slow economy. Projects receiving attention with this
transfer are mainly items which have previously received approval and are now being
funded. These include maintenance on the plant and the balance of the Harbor Heights
paving following the Lift Station 4 renovation. A field survey of Oak Lane is also
included in the Lift Station upgrade. An increase in Capital Equipment has been
requested to purchase an UPS (uninterrupted power supply) for their network server. The
force main from lift station #9 is in need of repairs. Requesting a transfer of budgeted
funds from Reuse Installation to Collection System Improvements to cover the repair
expenditures. Following is breakdown of the Sewer Fund requests:
Plant Maintenance $112,000
UPS 965
Balance of Harbor Heights paving 22,900
Field Survey of Oak Lane 2,200
Transfer funds ($32,710) from Reuse Capital
to Collection System Improvements
The balance of increased revenues less the increase in expenditures will be used to reduce
Cash Forward.
This completes the requested Budget Amendments for the second quarter of the fiscal
year 2001102. Following is a breakdown by line item to enable you to see the overall
effect to the budget. Please contact the Finance Department with any questions and/or
concerns.
CITY OF CAPE CANAVERAL
BUDGET TRANSFERS FOR THE QUARTER ENDED 3/31/2002
12131101 REQUESTED ADJUSTED
LINE ITEM BUDGET BUDGET BUDGET
NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE
n.MEN,
r n°
fl° ° i8 ° 1 .z 'i°flfl ° ; g, i an o°rIP »u r aE° ag. a m-aEga9a l C� aP
fl
GENERAL FUND REVENUE
001-313.9900 COMMUNICATIONS SERVICE TAX 269,000 100,000 369,000
001-322.1000 BUILDING PERMITS 175,000 40,000 215,000
001-334.4900 DCA GRANT 40,000 (40,000) -
001-338.7000 COUNTY SHARED IMPACT FEES 45,000 20,000 65,000
001-343.4000 GARBAGE REVENUE INCOME 551,880 15,000 566,880
001-343.4500 RECYCLING FEE REVENUE 172,100 14,000 186,100
001-360.4100 CONCURRENCY MANAGEMENT FEES 100 3,500 3,600
001-361.1000 INTEREST INCOME FROM INVESTMENTS 85,000 (40,000) 45,000
001-369.2000 PLAN REVIEW INCOME 45,000 15,000 60,000
001-384.2000 APPROPRIATED FUND BALANCE 243,231 122,725 365,956
AMENDED GENERAL FUND REVENUE 250,225
PLANNING & ZONING
001-3-515.3400 CONTRACT SERVICES - 1,000 1,000
001-3-515.6400 CAPITAL PURCHASES - 10,000 10,000
AMENDED PLANNING & ZONING EXPENDITURES 11,000
PUBLIC SAFETY
001-4-521.6400 CAPITAL EQUIPMENT 97,800 12,725 110,525
AMENDED PUBLIC SAFETY EXPENDITURES 12,725
BUILDING DEPARTMENT
001-6-524.3400 CONTRACT SERVICES 5,000 11,000 16,000
AMENDED BUILDING DEPT. EXPENDITURES 11,000
STREET DEPT.
001-7-541.6300 IMPROVEMENTS OTHER THAN BUILDING 103,000 58,300 161,300
AMENDED STREET DEPT. EXPENDITURES 58,300
CODE ENFORCEMENT
001-9-529.1200 SALARIES & WAGES 42,320 (6,800) 35,520
AMENDED CODE ENFORCE. EXPENDITURES (6,800)
GARBAGE SERVICE
001-14-534.3420 CONTRACT GARBAGE SERVICE 534,552 15,000 549,552
001-14-534.3421 CONTRACT RECYCLING SERVICE 163,800 14,000 177,800
AMENDED GARBAGE SERVICES EXPENDITURES 29,000
NON -DEPARTMENTAL
001-17-901.3100 PROFESSIONAL SERVICES - 1,800 1,800
001-17-901.3115 PROFESSIONAL SERVICES-STORMWATER - 73,600 73,600
001-17-901.9900 CONTINGENCY 19,055 59,600 78,655
AMENDED NON -DEPARTMENTAL EXPENDITURES 135,000
CITY OF CAPE CANAVERAL
BUDGET TRANSFERS FOR THE QUARTER ENDED 3/31/2002
12131/01 REQUESTED ADJUSTED
LINE ITEM BUDGET BUDGET BUDGET
NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE
AMENDED GENERAL FUND REVENUE 250,225
AMENDED GENERAL FUND EXPENDITURES 250,225
REVENUES
101-300.1000 CASH FORWARD - 2,000 2,000
AMENDED POLICE EDUCATION FUND REVENUES 2,000
EXPENDITURES
101-27-521.8100 EDUCATION AND TRAINING 8,000 2,000 10,000
AMENDED POLICE ED. FUND EXPENDITURES 2,000
REVENUES
102-363.2220 IMPACT FEES - AERIAL FIRE TRUCK 11,000 5,000 16,000
AMENDED FIRE PROTECTION FUND REVENUES 5,000
EXPENDITURES
102-22-581.9100 TRANSFER TO GENERAL FUND 11,000 5,000 16,000
AMENDED FIRE PROTECTION FUND EXPENDITURES 5,000
REVENUES
105-301.1000 CASH FORWARD 90,000 35,282 125,282
105-361.1000 INTEREST INCOME FROM INVESTMENTS 15,000 (5,000) 10,000
AMENDED BEAUTIFICATION FUND REVENUES
30,282
AMENDED BEAUTIFICATION FUND EXPENDITURES 30,282
EXPENDITURES
105-15-541.5200
OPERATING SUPPLIES
18,700
5,000
23,700
105-15-541.5201
OPERATING SUPPLIES - BENNIX FUNDED
-
25,000
25,000
105-15-541.6300
LANDSCAPEING
55,000
(5,000)
50,000
105-15-541.6310
LANDSCAPEING - BENNIX FUNDED
10,000
10,282
20,282
105-15-541.9900
RESERVES
7,110
(5,000)
2,110
AMENDED BEAUTIFICATION FUND EXPENDITURES 30,282
LINE ITEM
NUMBER
CITY OF CAPE CANAVERAL
BUDGET TRANSFERS FOR THE QUARTER ENDED 3/3112002
ACCOUNT NAME
12131101 REQUESTED ADJUSTED
BUDGET BUDGET BUDGET
BALANCE AMEND. BALANCE
AMENDED SEWER FUND EXPENDITURES 138,065
REVENUE
401-300.1000
CASH FORWARD
442,630
43,965
486,595
401-343.5300
SEWER ASSESSMENT FEES
250,000
145,000
395,000
401-343.5301
REUSE HOOK-UP FEES
2,500
5,000
7,500
401-361.1100
INTEREST INCOME - EXPANSION FUND
30,000
(10,000)
20,000
401-361.1400
INTEREST INCOME - REVENUE FUND
85,000
(44,000)
41,000
401-361.1430
INTEREST INCOME - WWTP ESCROW
2,800
(900)
1,900
401-361.1440
INTEREST INCOME - WWTP RESERVE
3,000
(1,000)
2,000
AMENDED SEWER FUND REVENUE
138,065
EXPENDITURES
401-10-535.4621
PLANT & EQUIPMENT MAINTENANCE
68,000
112,000
180,000
401-10-535.6400
CAPITAL EQUIPMENT
55,500
965
56,465
401-19-901.6305
LIFT STATION REHABILITATION
241,331
25,100
266,431
401-19-901.6310
COLLECTION SYSTEM IMPROVEMENTS
200,000
32,710
232,710
401-19-901.6313
REUSE - PHASE 111
200,000
(32,710)
167,290
AMENDED SEWER FUND EXPENDITURES 138,065
Member
Florida Sheriffs Association
National Sheriffs Association
North Precinct
700 Paris Avenue
Titusville, FL 32780
(321) 264-5353
Fax (321) 264-5359
East Precinct
2575 N. Courtenay Pkwy
Merritt Island, FL 32953
(321) 455-1485
Fox (321) 455-1488
Canaveral Precinct
111 Polk Avenue
Cape Canaveral, FL 32920
(321) B68-1113
Fox (321) 784-8340
West Precinct
2725 Judge Fran Jamieson
Way, Bldg, E
Viera, FL 32940
(321) 633-2123
Fax (321) 633-1965
South Precinct
50 S. Nieman Avenue
Melbourne, FL 32901
(321) 952-4641
Fax (321) 952-4635
Brevard County
Detention Center
P0. Box 800
860 Comp Road
Sharpes, FL 32959
(321) 690-1500
Fax (321) 635-7800
sI �s
Awa '�'• �'�
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An Internationaliy Accredited
Low Enforcement Agency
Sheriff Philip B. WHIA]"aMS-1
BREVARD COUNTYSHERIFF'S OFFICE
700 Park Avenue • Titusville, Florida 32780-4095 • (321) 264-5201 • Fax (321) 264-5360
April 4, 2002
City of Cape Canaveral
City Manager, Mr. Bennett Boucher
105 PolkAvenue
Post Office Box 326
Cape Canaveral, Florida 32920
Reference: Mid year Budget Request
Mr. Boucher:
This letter is forwarded to your attention in order to request a mid year budget
request for purchase of the following capital items:
One All Terrain Vehicle (ATV) $5,724.50
Two Laptop Computers (including software) $7, 000.00 (for both)
Prices are based on current quotes and are subject to change.
The requested items are justified as follows:
The ATV presently in use by Canaveral Precinct is six years old and is in need
of extensive maintenance and repairs. The fair market value of the ATV in use
at this time is less than or equal to the amount of money needed to operate it.
Although usable, the reliability of the present ATV is questionable.
As you are aware, we rely heavily upon our ATV during search and rescue
operations on Canaveral's beaches, year round. Additionally, this vehicle is a
valuable patrol vehicle with a wide range of operational capabilities, such as
penetration of wooded areas in search of transients and the crime related
problems associated with those operations.
The requested computer laptops are to be assigned to Lieutenant Young and
myself. As command staff, it is imperative that we both have the ability to track
operational issues. (Deputy assignments and status) At present Lieutenant
Young and I are the only sworn personnel assigned to Canaveral who do not
have this capability. Further, in the event of emergency deployments,
operational ability in the field is essential to command and control operations.
Please have this item placed on the agenda for the next council meeting.
Specifications/quotes for the requested items are attached.
Sincerely,
Philip B. Williams
Brevard County Sheriff
.�''`" , u"'—
Commander George McGee
Canaveral Precinct Commander
GM: sm
C: Finance Director, Deborah Barker
Mayor Randels
City Council Members
Meeting Type: Regular
Meeting Date: 5121102
AGENDA
Heading
Consent
Item
4
No.
This project is included in the Quarterly Budget Transfer.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: BANANA RIVER BLVD. SANITARY SEWER FORCE MAIN
REPLACEMENT.
DEPT./DIVISION: PUBLIC WORKS/ WWTP
Requested Action:
City Council consider the approval of the replacement of the Banana River Blvd. Sanitary Sewer
Force Main in the amount of $32, 710 to Prime Construction Group, Inc. as recommended by the
Public Works Director.
Summary Explanation & Background:
See Attached Memo.
This project is included in the Quarterly Budget Transfer.
I support the Public Works Director's recommendations.
Exhibits Attached:
Public Works Director's Memo: 05/07/02
City a is Offi
Department
LAG
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: May 7, 2002
SUBJECT: City Council Agenda Item for May 21, 2002
Banana River Force Main Replacement
The sewer force main from lift station #9 to the manhole located at Holman Road is in need of
replacement. This force main was constructed in the late 60's and has been repaired a number of times_
Although a portion of this 500 linear feet sewer line has been replaced as the result of repairs, it is
recommended that the complete force main be replaced with new pipe. This project will be open cut
construction and will not require any road cut.
On August 7, 2001 City of Cape Canaveral Council awarded Bid 01-07 for the construction of the
Oak Lane sewer line to the low bidder, Prune Construction Group, Inc. Attached is the bidder's unit price
for this project. The construction of the sewer force main from lift station #9 will utilize the same items as
required for the Oak Lane sewer project, therefore, the contractor is willing to honor the awarded bid prices
for this project. Prime Construction has performed satisfactory work for the City of Cape Canaveral.
Recommend the change order to Prime Construction Group, Inc. contract in the amount of
$32,710.00 and the appropriation of the necessary funds
Attachment
CC: Pile
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GRANT AVE
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04,,119,'2002 12:20 FAIT 4078568182 PRI?E CONgMUTTIQN 1ih002
PRIME CONSTRUCTION GROUP, INC.
1004 tetream Drive Tola{?h" 407-858-8180
PW Office Box 59OW11 Fax 407.836-8182
Orlando, FL 32859-0507 Fi. Lk:ansa #CGC u3r5o4
April 19, 2002
Mr. Ed Gardulski, Public Works Director
Email: e i . st
City of Cape Canaveral
600 Tower Blvd.
P.O. Bax 326
Cape Canaveral, Florida. 32920-0326
Re., LS tf 4, Force Main, Gravity Sewer
Additional Force Main work, N. Banana River Drive
Dear Ed,
Per discussions with Wafter at the site, Prime Construction Group Inc. is please to provide this proposal
for additional force main work to be preforrr,ed at the above referenced site. Please see the attached
sheet for our unit and Itimp sum pricing.
We propose to,
1. Insiall approximately 500 H of 0900 PVC force main.
2. Tie new line Into the existing at the lift station and at the manhole.
3. Pressure test the Ilne.
4. fie sod disturbed areas with St. Augustine,
5. Ineiell a directional drill, V'01`11 i HDPE (preen Strip) approximately 250 LF (South of the
neer drive, under the private property easement, to the existing manhole).
We make the following clarifications to our proposal:
1. We have not included survey layout or as-twifts. We will utilize the area designated by
the city as the easement, it drawings are provide we will redline them for the installed
pipeline / connections.
2. No permits ata included.
3. No video of the fine is included.
4. No compaction testing is inciuded,
5. C nsite bentonite / mud disposal is included, the city can designate the waste area.
6. City to provide a water source for the drillers and to flush/test lines.
7. We have assumed a tie in immediately after the lift station, no fence work, Iandlscaping,
plantings or lift station moditicationa are included.
a. No by pass pumping of waste is included. The city is to isolate/pump down for a
minimum of 4 hr5, to allow the be ins.
If you hav y questions pleaee don't hesitate to ContacFt me at (407) 855-8180.
r
Thank ou, ,
�yi
Zulark A. �EEfen
Project Manager
MAA/cr
Cc: Joel Saslo via Em&U-. isaslo*aol.com
P:1Rvjcct�MnnXg ep[\Tabs13 Cape. canavcral f S4•FM-3":Cotre*oiidmeelTo-rrom Owme%New Fmmutn.cbe
i14119i2002 12:21 FAX 4078568162 PRIME CONSTRUCTION
Prins C bttLctcpn Group
Pfto9 6reaNSOM
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Job: Cato C3n9vorAl
19 -Apr -02
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Number Item
Qum* Unk
Price
Extension
1 Remn111ltzA
1 LS
$2,500.pQ
S2.500.00
2 C„ rArede and Lay a' PVC (G5001DF119)
50tl LF
$23.00
I.SM-00
3 fi Y 45 Digmo Bond
4 Ea
$1 MOO
$72b- i
4 S' Mj SL99M
3 E$
3220.00
$85406;
8 Dlreeknai Drill Sub Wbllizmtien
1 Ea
$=.00
$POO.00
5 B Dlrsdanal MAI (i7R-11 HDPE)
250 LF
W.00
$13.7SO
7 Sad (St. AuguOne)
670 5Y
34.00
$2.88
aC-- c k- ar! M C-- *o w -
Allemat9 4' Directional Ddll (DR -11 HDPE)
(fqop)
250 LF $33.00 $9,250.04
0
Meeting Type: Regular
Meeting Date: 5121102
AGENDA
Heading
Ordinances:
The Planning & Zoning Board recommended approval of this rezoning at their 02-13-02 meeting.
Second Public Hearing
Rem
5
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 02-2002; AMENDING THE OFFICIAL ZONING MAP.
DEPT./DIVISION: P&ZI GROWTH MANAGEMENT
Requested Action:
City Council consider the adoption of Ordinance No. 02-2002 amending the official zoning map.
Summary Explanation & Background:
The Planning & Zoning Board recommended approval of this rezoning at their 02-13-02 meeting.
This ordinance rezones 4.601 acres from R-2 (Residential) to M-1 (Industrial) and 5.375 acres from
R-2 (Residential) to C-1 (Commercial). The supporting documentation is attached.
This rezoning is consistent with the small-scale comprehensive plan amendment, Ordinance No.
02-2002.
Exhibits Attached:
Ordinance No. 02-2002 and Supporting Documents.
Ci er's Off
Department
G
ORDINANCE 02-2002
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING THE OFFICIAL ZONING MAP AS
DESCRIBED IN SECTION 110-246, CODE OF ORDINANCES BY
CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM
THE CLASSIFICATION OF R-2 RESIDENTIAL TO M-1 INDUSTRIAL ON
4.601 ACRES AND R-2 RESIDENTIAL TO C-1 COMMERCIAL ON 5.375
ACRES; AS DESCTIBED IN EXHIBIT A; PROVIDING FOR THE REPEAL
OF PRIOR AND INCONSISTENT ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Board of the City of Cape Canaveral,
Florida sitting in its dual capacity as the Planning and Zoning Board and as the
Local Planning Agency has held public hearings on changes to the zoning
classification of the property indicated below; and
WHEREAS, the Planning and Zoning Board has issued a written report
regarding its recommendation to the City Council; and
WHEREAS, the public was heard at a regular meeting of the City Council on
the petition requesting changes indicated below and, after full discussion, the
Council having found that the best interest for the City of Cape Canaveral and its
citizens would be served by granting the petition to change the zoning
classification; and
WHEREAS, the City Council, based on the reasons and findings stated in
the analysis and recommendation of the staff, has found that the proposed zoning
amendment is consistent with the provisions of the City of Cape Canaveral
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1. That the Official Zoning Map of the City of Cape Canaveral,
Florida, as described in Section 110-246, Code of Ordinances is hereby amended
to include a change of classification from R-2 (Residential) to M-1 (Industrial) on
4.601 acres and R-2 (Residential) to C-1 (Commercial) on 5.375 acres for property
legally described as:
(See Attached Exhibit "A")
SECTION 2. This ordinance repeals all prior ordinances and resolutions in
conflict herewith.
City of Cape Canaveral, Florida
Ordinance No. 02-2002
Fuge 2
SECTION 3. This ordinance shall become effective after the amendment has
been duly recorded upon the official zoning map of the City of Cape Canaveral.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, in a
regular meeting assembled this day of , 2002.
ATTEST:
Rocky Randels, MAYOR
Jim Morgan
Susan Stills, CITY CLERK Buzz Petsos
Rocky Randels
Richard Treverton
APPROVED AS TO FORM:
Larry Weber
Mark McQuagge, CITY ATTORNEY
First Public Hearing: March 5, 2002
Legal Ad Published: May 9 9 , 2002
Second Public Hearing:
FOR AGAINST
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LEGAL DESCRIPTION PARCEL (COMMERCIAL -C3 ZONING)
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37
EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA BEING A
PART OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54, PUBLIC
RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE
NORTHWEST ONE-QUARTER OF SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37
EAST; THENCE N 0-25'08" W, ALONG THE EAST LINE OF THE WEST ONE-HALF
OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 1.145.10 FEET; THENCE
N 89-09'49" W, A DISTANCE OF 1.6.49 FEET TO THE WESTERLY RIGHT-OF-
WAY LINE OF NORTH ATLANTIC AVENUE (A SIXTY FOOT RIGHT-OF-WAY AS
PRESENTLY LOCATED) AND THE POINT -OF -BEGINNING; THENCE CONTINUE
N 89"09'49" W, A DISTANCE OF 699.62 FEET; THENCE N 0-50111" E, A
DISTANCE OF 329.92 FEET; THENCE S 89"09'49" E, A DISTANCE OF 708.88
FEET TO THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHWEST ONE-
QUARTER OF SECTION 14; THENCE S 0-25'08" E, ALONG SAID EAST LINE,
A DISTANCE OF 214.36 FEET TO THE AFORESAID WESTERLY RIGHT-OF-WAY
LIVE OF NORTH ATLANTIC AVENUE; THENCE S 7-43111" W, ALONG SAID
LINE, A DISTANCE OF 116.45 FEET TO THE POINT -OF -BEGINNING.
CONTAINING 5.375 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY
EASEMENTS AND/OR RIGHTS OF WAY OF RECORD.
LEGAL DESCRIPTION PARCEL'2 (INDUSTRIAL -MZ ZONING)
A PARCEL OF LAND LYING IN SECTION 14, TOWNSHIP 24 SOUTH, RANGE 37
EAST, TALLAHASSEE BASE MERIDIAN, BREVARD COUNTY, FLORIDA BEING A
PART OF THE LANDS DESCRIBED IN DEED BOOK 102, PAGE 54, PUBLIC
RECORDS OF SAID BREVARD COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE
NORTHWEST ONE-QUARTER OF SECTION 141 TOWNSHIP 24 SOUTH, RANGE 37
EAST; THENCE N 0"25'08" W, ALONG THE EAST LINE OF THE WEST ONE-HALF
OF THE NORTHWEST ONE-QUARTER, A DISTANCE OF 11.45.10 FEET; THENCE
N 89"'09'49" W, A DISTANCE OF 16.49 FEET TO THE WESTERLY RIGHT-OF-
WAY LINE OF NORTH ATLANTIC AVENUE (A SIXTY FOOT RIGHT-OF-WAY AS
PRESENTLY LOCATED); THENCE CONTINUE N 8909'49" W, A DISTANCE OF
699.62 FEET TO THE POINT -OF -BEGINNING; THENCE N 0"50'11" E, A
DISTANCE OF 329.92 FEET; THENCE N 89"09'49" W, A DISTANCE OF 611.11
FEET TO THE WEST LINE OF SAID SECTION 14; THENCE S 0-25'08" E,
ALONG SAID WEST LINE, A DISTANCE OF 330.00 FEET; THENCE
S 89-09'49" E, A DISTANCE OF 603.88 FEET TO THE POINT -OF -BEGINNING.
CONTAINING 4.601 ACRES, MORE OR LESS AND BEING SUBJECT TO ANY
EASEMENTS AND/OR RIGHTS OF WAY OF RECORD.
City of Cape Canaveral
CITY of
I;APE CANAVERAL
PF NOTICE OF PUBLIC HEARING
April 18, 2002
To the Adjacent Property Owners:
Notice is hereby given by the City of Cape Canaveral, that Bjornar Hermansen, Trustee
through its agent Jack A. Kirschenbaum, Attorney at Law, has requested a change of
zoning map classification pursuant to the Cape Canaveral Code of Ordinances, Zoning
Regulations, from R-2 to M-1 on approximately 4.601 acres and R-2 to C-1 on
approximately 5.375 acres on the property described as follows:
Tax Parcel: Township 24S, Range 37E, Section 14, Block 0, Lot 00251 -0,
Subdivision 0. (See map attached)
The Cape Canaveral City Council will hold a public hearing regarding the property noted
above. The meeting will be held on May 21, 2002 at 7:00 P.M. in the City Hall Annex,
111 Polk Avenue, Cape Canaveral, FL. This meeting is for considering the adoption of
an ordinance to change the Official Zoning Map with respect to the above-named
property.
You are invited to attend this hearing and provide comment on the proposed changes to
the zoning. A copy of the ordinance and the proposed rezoning is attached. If you need
any further assistance, please call the City Clerk's office at (321) 868-122011221.
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.
Susan Stills, CMC
City Clerk
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0320
Telephone (321) 868-1220 • PAX (321) 799-3170 • www.fcn,state.fl.us/cape
e-mail: ccapecanaveral@cfl.rr.com
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ATTORN fY5 AT LAW
Jack A. Kirschenbaum
April 15, 2002
Bennett Boucher, City Manager
City of Cape Canaveral
111 Polk Avenue
Cape Canaveral, FL
(:K.A1-, 11:1KKIS & K4)HIN-, 0 N, P..1
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JKirsche@ghrlaw.com
Re: Bjornar Hermansen, Trustee / Comprehensive Land Use Plan Amendment and
Rezoning
Dear Mr. Boucher:
Please consider this letter a request to table and postpone the above referenced matter
from the April 16, 2002 City Council meeting to the City Council meeting in May.
Should you need any additional information, please do not hesitate to call us.
JAK:Iak
Very truINKyours,
Jack A. it chenbaum
('LLR11U\T LAkELA,A1) NIF.LBULR\F: ORLANDO 'TALLAfIAS5,GL TANII'A
RPR -15-2002 14:45 MSDU1
212 31U 6902 F'. U1
FROM: David W. Haynes, President
Sunrise -Sunset Corporation
DATE: April 15, 2002
RE: Ordinance No. 02-2002
Thank you for the opportunity to be heard with respect to the above
mentioned ordinance # 02-2002. Since March 14, 2002 when I first heard
of this change in zoning I have had conversations with the representative
of the owners of the property in question. This property is adjacent to
my twelve acres. With respect to the proposed change of parcel #1 from
R-2 residential to C-1 commercial on 5.375 acres I have agreement, as this
would be consistent with my property to the South. However with
regard to parcel #2 from R-2 residential to M-1 industrial on 4.601 acres I
am against this proposal as today it is residential and my discussions with
the property representative is to hopefully to a joint venture residential
development on the combined properties. By changing this to M-1
industrial it would have a negative impact on my property which I intent
to develop as a residential development. 1 hope the members of the
council will be consistent in keeping these two parcels similar to the
largest tract of land, which is open to the south.
a11110- o/o
S'UNAIS'E-SUNSET CORPORA TION
DISTRIau-rjov
Ma -or
City Council
ON ivt,r, v
F' !ice Jai.
TO: Cape Canaveral City Clerk
�`-
FROM: David W. Haynes, President
Sunrise -Sunset Corporation
DATE: April 15, 2002
RE: Ordinance No. 02-2002
Thank you for the opportunity to be heard with respect to the above
mentioned ordinance # 02-2002. Since March 14, 2002 when I first heard
of this change in zoning I have had conversations with the representative
of the owners of the property in question. This property is adjacent to
my twelve acres. With respect to the proposed change of parcel #1 from
R-2 residential to C-1 commercial on 5.375 acres I have agreement, as this
would be consistent with my property to the South. However with
regard to parcel #2 from R-2 residential to M-1 industrial on 4.601 acres I
am against this proposal as today it is residential and my discussions with
the property representative is to hopefully to a joint venture residential
development on the combined properties. By changing this to M-1
industrial it would have a negative impact on my property which I intent
to develop as a residential development. 1 hope the members of the
council will be consistent in keeping these two parcels similar to the
largest tract of land, which is open to the south.
RPR -15-2302 14:45 MSDLJ 212 310 69U2 H. U-2
At the meeting on 'T'uesday, Donald Haynes an officer of Sunrise -Sunset
will be my representative.
I thank you for your consideration on this very important matter.
David . Haynes, President
Sunrise -Sunset Corporation
TOTAL P.02
City of Cape Canaveral
Proposed Rezoning
Applicant: Bjomar Hermansen, Trustee
205 Hacienda Dr.
Merritt Island, FL. 32952
Location:
Acreage:
Current Zoning Land Use:
Proposed Zoning Land Use:
Range:37 Township: 24 Section: 14
Parcel 251
9.976 acres
R-2 Residential
C-1 Commercial 5.375 Acres
M-1 Industrial 4.601 Acres
Description of zoning amendment area:
The applicant has applied for a land use change from R-2 residential to C-1 commercial (5.375
acres) and M-1 industrial (4.601 acres). The subject parcel is a total of 9.976 acres and would
approximately halve the existing parcel between the proposed uses. The proposed C-1 would
front on North Atlantic Avenue and the proposed M-1 would be located entirely behind the
proposed C-1 land use. The permitted density in R-2 residential is 15 dwelling units per acre, in
M-1 industrial, no residential uses are permitted and in C-1 commercial, residential uses are
permitted through special exception.
The character of the area is undeveloped, a couple multi -family residential projects have been
recently approved to the east and southeast of the subject parcel. There is existing residential to
the north and the Port of Canaveral is approximately 1I4 mile to the north. There are existing
residential uses south of the subject property and industrial use to the west. The following table
evaluates the adjacent existing land uses and approved zoning and land use categories.
CPA -02-1
North
East
South
West
Present Land Use
Industrial/
Residential/
Residential
Industrial
Residential
Industrial
Zoning
R-2 Residential
R-2 Residential
C-1 Commercial
M-1 Industrial
M-1 Industrial
M-1 Industrial
Future Land Use
R-2 Residential
R-2 Residential
C-1 Commercial
M-1 Industrial
M-1 Industrial
M-1 Industrial
CPA -02-1
Public Services and Facilities in zoning amendment area:
The Level of Service for parks and recreation is two (2) acres of parkland per 1,000 residents.
Approximately twenty-four (24) acres of parkland exist with 8,941 residents in Cape Canaveral.
This equates to 2.68 acres of parkland per 1,000 residents. This amendment would reduce the
potential future demand on park services with a change of land use from residential to non-
residential.
State Route AIA is operating at Level of Service "A" with 1,535 peak hour trips. The maximum
peak -hour volume acceptable is 2,080 representing a LOS of "E". North Atlantic Avenue has an
operating level of service of "D" with currently 705 peak hour trips. The maximum peak -hour
volume acceptable is 830 representing a LOS of "E". The proposed change would eliminate a
maximum of 149 potential residential units that could be considered with the existing land use.
If built out, 149 residential units could generate approximately 57 peak hour trips per day, even
with this scenario a traffic deficiency would not occur at this time. With the proposed change,
the trip generation is unknown, because a use has not been identified. At the time a site plan is
submitted a full traffic study will be required prior to approval.
The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity
is 1.8 million gallons per day (MGD). The existing usage is 1.23 MGD with an excess capacity
of .57 MGD. There is adequate wastewater treatment capacity available.
The City of Cocoa has a total capacity of 44 MGD and currently provides 24 MGD of water on
an average daily basis, leaving 20 MGD available. There is adequate potable water service
available with the proposed change.
Brevard County provides facilities for solid waste disposal. At this time, the County does not
foresee any deficiency with their solid waste facilities.
Environmental Description of zoning amendment area:
The land area itself is upland with Canaveral Complex (CA), Palm Beach Sand (Pb) and
Parkwood Fine Sand (Pk). The subject area is not in a flood plain. The vegetation is fairly
dense in portions, with a mix of hardwoods, pine flatwood, palmetto and a mix of other varieties
plant varieties. At this time it is unknown if endangered habitat and species exist on site. A full
environmental analysis will need to be done prior to permitting for development. There are no
wetlands, or aquifer recharge soils or conditions associated with the subject parcel. The parcel is
not identified as being in a floodplain. There are no known endangered species identified on site
or in the area adjacent to the subject parcel.
Historical and Archaeological Resources in zoning amendment area:
There are no known historic or archaeological sites located on site or in the area surrounding the
subject parcel.
CPA -02-1 2
Population Projections and Trends:
The proposed zoning amendment will eliminate a possible maximum of 69 residential units and
would reduce the overall maximum future population by approximately 170 persons. This
should not have an adverse impact on overall population projections.
Consistency with the Comprehensive Plan:
This zoning amendment is consistent with the following Comprehensive Plan Objectives:
Future Land Use Element
Objective LU -1: The City shall coordinate future land uses with the appropriate
topography, soil conditions, and the availability of facilities and services.
The proposed amendment is within acceptable level of services standards and does not impact
existing known environmental conditions.
Objective LU -4: The City shall enforce its regulations for protection of natural resources
and historic resources. "
As describe above, there are no known historic or archaeological sites on-site. There are no
detrimental environmental conditions observed on-site.
Objective LU -5: The City shall coordinate coastal area population densities with the local
hurricane evacuation plan.
This amendment reduces residential density.
Objective LU -6: The City shall attempt to prevent urban sprawl.
This amendment will help to infill one on the last vacant areas of the City.
CPA -02-1 3
Meeting Type: Regular
Meeting Date: 05-21-02
AGENDA
Heading
Ordinances:
Summary Explanation & Background.
Second Public Hearing
Item
g
No.
Building Official's Memo: 04-30-02
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 09-2002; AMENDING CODE SECTION 110-137,
PROCEDURES FOR AMENDMENTS AND REZONING
DEPT./DIVISION: GROWTH MANAGEMENT/ P & Z
Requested Action:
City Council consider approval of Ordinance No. 09-2002, that twill add a notice requirement for
adjacent property owners within 500 -feet of the property being rezoned.
Summary Explanation & Background.
The Planning & Zoning Board reviewed and recommended this code amendment at their 04-24-02
meeting.
I recommend approval.
Exhibits Attached:
Building Official's Memo: 04-30-02
is O
Department
��
ORDINANCE NO. 09 -02
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CODE SECTION; 110-137. Procedures For
Amendments and RezoninZ , BY AMENDING THE NOTICE REQUIREMENTS
TO PROVIDE FOR WRITTEN NOTIFICATION TO ALL AFFECTED
PROPERTY OWNERS WITHIN A RADIUS OF 500 FEET ;PRODUCING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of Cape Canaveral, Brevard County, Florida, as follows:
SECTION 1. Section i t' 0437, Procedures For Amendments and Rezoning, is hereby
amended by the addition of written notice requirements to all affected property owners within a 500
feet radius as follows :
(a) Any amendment to this chapter may be proposed by:
(1) The City Council.
(2) The Planning and Zoning Board.
(2) Any department or agency of the City.
(3) Any person or entities.
(b) All proposed amendments shall be submitted to the Planning and Zoning Board (in
its capacity as both the Planning and Zoning Board and the local planning agency)
for study and recommendation. The Planning and Zoning Board shall study such
proposals to determine :
(1) The need and justification for change.
(2) The relationship of the proposed amendmentto the purpose of the City's plan
for development, with appropriate consideration as to whether the proposed
change will further the purposes of this chapter and the plan.
Ordinance 09-02
Page 2
(c) The Planning and Zoning Board shall submit the request for change or amendment
to the City Council with written reasons for its recommendation.
(d) The procedure for the adoption of any ordinance amending this chapter shall be in
conformance with the notice and meeting requirements as codified in section
166.041, Florida Statutes, as amended, and provided further that the procedures for
zoning classification changes and comprehensive plan amendments shall be in
conformance with the requirements of Chapters 163 and 166, Florida Statutes.
(e) An ro osal for a zonin amendment b an individual co oration ar Agency
ursuant to this section shall he b a lication which shall contain the follo� w
information :
(1) The name of the owner of the particular real ro e
(2) 1f the a licant is other than all the owners of the articular ro ert written
consent si ned b all owners of the articular real roe steal l be detached.
(3) The le al descri tion of the articular real roe accom anied h a
certified survey or that ortion of the ma maintained h the tax assessor
reflecting the boundaries of the partieglar real property.
(4) The current land use zoningclassification or s ecial exce tion with an
s ecifzed conditions. as recorded on the off tial zonin. ma .
(S) The re nested land use zonin x classification or s ecial exce tion
classification that constitutes an amendment to the official zoning rna .
Ordinance 09-02
Page 3
(6) Names and addresses of all propeLly owners "Affected Pro ertOwners"-
ownin ro ert which lies within a radius of five hundred 500 feet of a
bound of the survey or that ortion of the ma maintained h the tax
assessor reflecting the boundaries of the arcels affected.
(f) No recommendation for chane or amendment mgy be made by the Planning and
7_onin Board until due ublic notice has been iven of a ublic hearin . Public
hearin notice shall be iven at least fifteen 15 da s in advance of the hearing ley
the ublication in a news a er of re ular and eneral circulation in the citv hall. No
recommendation for change shall be made by the Planning and Zoning Board unless
and until. the public hearin has been advertised. Said notice shall contain the names
of the a licant the le al descri tion of the affected ra ert the existin land use
classification and s ecial exce tion desi Tnation, the re uest arr�endment to the
official zoning man and the time and place ofthe ublic hearing on the consideration
of said armlication.
(g)Far ra ased tonin than es anotice shall be mailed b the office ofthe Cit C,y lerk
usin certified mail to all affected roe owners as defined in sub ara ranl� (6�
of ara rah e of this section ; rovided however that failure to receive such
notice shall not affect any action or proceedings taken hereunder.
(h) When an ro osed chanced of a tonin district baundar lies within five hundred
500 feet of the bounda of an into orated or uninco orated area notice shall be
Ordinance No. 09-02
Page 4
forwarded to the RIannin T board or overnin bod of such bod an o ortuni_tX to
a ear at the hearin and e ress its o inion on the effect of said district boundar
Chari ,e.
SECTION 2. Severability. If any section, paragraph, phrase or work of this Ordinance is
held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and
it shall be construed to have been a legislative intent to pass this Ordinance without such
unconstitutional or invalid part.
SECTION 3. Conflicting Provisions Any Ordinance, or part of an Ordinance, in conflict
herewith is repealed.
SECTION 4. Effective Date. This Ordinance shall take effect immediately upon it's
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of
2002.
Rocky Randels, MAYOR
AT IL'EST:
Susan Stills, CITY CLERK
Approved as to Form:
Mark McQuagge, CITY ATTORNEY
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
Richard S'Amari
Kohn Bennett
Bradly Roger Bettin, Sr.
Charles G. Crawford
Mitchell S. Goldman
J. Wesley Howze
David R. Martin
Stephen C. Mays
Matthew J. Monaghan
Kendall T. Moore
Mark N. McQuagge
Mark S. Peters
David M. Presnick
Charles R. Steinberg
James S. Theriac, III
Of Counsel
Mary E. Lytle, P.A.
Bennett Boucher, City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Reply to: Cocoa Post Office Box
May 8, 2002
RE: ORDINANCE NO. 09-02
Sec. 110-13 7; Procedures For Amendments and Rezoning
Dear Bennett:
Mariner Square
96 Willard Street, Suite 302
Post Office Box 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plaza
Suite B104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (321) 259-6611
Fax (321) 259-6624
Per the direction and recommendation of the Planning and Zoning Board, enclosed, please
find the amendments as above -referenced.
Sincerely,
Mark McQuagge, Esquire
MM:mem
City of Cape Canaveral
Bung Official
9I4o?n:g L. qW
=-- 7- -. -
105 Polk Ave. Phone: 3214368-1222
P O Box 326 Fax: 321,868-1247
Cape Canaveral, Fl. 32920 Email: reid-capeilctl_rr.com
Web page: www.mytiorida_com/cafle
MEMO
Date: April 30, 2402
To: Bennett Boucher, City Manager�Q
From: Morris Reid, Building Official >
Re: Notification of Rezoning
At the request of City Council, the Planning & Zoning Board Meeting held on April 24,
2002, the Board unanimously recommended that the City Council approve proposed
ordinance to amend notice requirements for rezoning. Please refer to attached proposed
ordinance amending Section 114-137, Procedure for Amendments and Rezoning of the
Cape Canaveral Code. For additional information, please refer to attached background.
Meeting Type: Regular
Meeting Date: 5121102
AGENDA
Heading
Ordinance:
First Public Hearing
Item
7
Na.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 10-2002; AMENDING SECTIONS 26-2,26-3 & 264
RELATING TO THE QUALIFYING OF CANDIDATES FOR OFFICE.
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider at First Reading Ordinance No. 10-2002 Amending the Qualifying Periods for
the office of Mayor and City Council and Write -In candidates.
Summary Explanation & Background:
Section 46 of the Florida Election Reform Act of 2001 has created a conflict with the City of Cape
Canaveral Qualifying Periods. See attached letter from the Supervisor of Elections Office.
Therefore, this Ordinance amends the Qualifying Periods to be consistent with the above-mentioned
Act.
I recommend approval.
Exhibits Attached:
Ordinance No. 10-2002 and Supporting Documents.
Ci n is Off Department
Matj 02 02 01:04p Rmari 6 Theriac 3216333350 p.2
ORDINANCE NO. -02
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA RELATING TO QUALIFYING TO RUN FOR MAYOR
AND CITY COIJNCIL, AMENDING SECTIONS; 26-2, 26-3 and 26-4,
RELATING TO THE QUALIFYING OF CANDIDATES FOR OFFICE OF
MAYOR AND CITY COUNCIL AND WRITE IN CANDIDATES;
PROVIDING FOR THE TIME OF QUALIFICATION FOR MUNICIPAL
ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Cape Canaveral Code Section 26-3 provides that
"The qualifying period for candidates for the offices of the mayor
and city council shall be at any time after 12:00 noon of the 63`d day
prior to the general election and no later than 12:00 noon on the 49'h
day prior to the date of the general election."; and
WHEREAS, the Florida Legislation has adopted Chapter 2001-40, Laws of Florida, which
deletes the second primary election for candidates for state and local office, during 2002 election;
and
WHEREAS, the Brevard County Supervisor of Flections has advised that to accommodate
the new schedule for the Fall, 2002 elections, that all qualifying and finalization of the City Council
election ballot must be complctcd by September 6, 2002; and
WHEREAS, the September 6 deadline is sixty days prior to the November, 2002 City
Council election, thereby creating conflicts with the schedules as set forth in Sections 26-3 and 264;
and
WHEREAS, the City Council intends to revise the qualifying period to be consistent with
the scht-dule implemented by the Supervisor of Elections; and
May 02 02 01:05p Amari & Theriac 3216339950 p.3
_-Q2
Page 2
WHEREAS, Section 100.3605(2), Florida Statutes (2002), provides: 100.3605 Conduct of
municipal elections
(1) The governing body of a municipality may by ordinance, change the dates for
qualifying and for the election of members of the governing body of the municipality and provide
for the orderly transition of office resulting from such date changes; and
WHEREAS, this language has been interpreted by the Attorney General of Florida as
permitting the amendment of the candidate qualifying period provided for in a municipal charter
without a referendum by the general electorate (see AGO 2000-61).
NOW, BE IT ORDAINED by the City Council of Cage Canaveral, Brevard County,
Florida, as follows:
SECTION 1. Cape Canaveral Code Section 26-3, is hereby amended to read as follows:
"Sec. 26-3 Qual&inja Period - Generally. The qualifying for
candidates for the offices of mayor and city council shall be at any
time after 12:00 noon of the 63' 74t' day prior to the general election
and no later than 12:00 noon of the 49" 60`h day prior to the date of
the general election (Code 1981, §211.04)."
SECTION 2. Cape Canaveral Code Section 26-4 is hereby amended to read as follows:
"See. 26-4 Same Write-in Candidates. The qualifying period for write-in
candidates for the offices of the mayor and city council shall be at any time
after 12:00 noon of the W 63" day prior to the date of the general election
Mad 02 02 01:05p Rmari & Theriac 3216399950 p.4
-02
Page 3
and no later than 12:40 noon of the 4e 60`{' day prior to the date of
the general election. (Code 1981, § 211.45)"
SECTION 3. Severabili _ If any section, paragraph, phrase or work ofthis Ordinance is held
to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof. and it
shall be construed to have been a legislative intent to pass this Ordinance without such
unconstitutional or invalid part.
SECTION 4. Copilicting Provisions, Any Ordinance, or part of an Ordinance, in conflict
herewith is repealed.
SECTION 5. Effective Date. This Ordinance shalt take effect immediately upon it's
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of
2442.
Roc ty Randels, MAYOR
ATTEST:
Susan Stills, CITY CLERK
Approved as to Form:
Mark McQuagge, CITY ATTORNEY
400 South Street
Post Office Box 1119
Titusville, Florida 32-81-1119
Sandi Smith, City Clerk
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
4114Xr
Fred D. Galey
�*Iuperui�nr of Eterttuus
Brevard County
,\Spit OF f�FC
a n
a Z
f Telepbone
0
(3 2I) 26-4 6-40
,O`4'r OF S4E}'0.
FAX(321) 264-6-41
May 16, 2001
SUBJECT: Legislation Passed This Session
Dear Sandi:
The Legislature this year passed several election items in a single bill, Chapter 2001-40. This act
is entitled the "Florida Election Reform Act of 2001." While it covers a range of items from voting
systems to voter registration information and absentee voting, there is one section that will cause a
conflict for city/town elections in the year 2002.
Section 46 of the Act changes the date of the first primary election to the second Tuesday in
September and eliminates the second primary for the year 2002 only — a test run before they
consider eliminating it completely. This was done in an effort to allow time to get absentee ballots
to overseas and out-of-state voters in a timelier manner. Therefore, we will want to mail absentee
ballots for the general election as soon as possible after the September 101h primary election.
All cities/towns are scheduled to hold elections on November 5, 2002. To meet the new schedule,
all- candidate qualifying and ballot issues will need to be finalized no later than September 6t',
which is 60 days prior to the General election. This would include any provision for write-in
qualifying.
Many cities/towns will require a ballot issue this year in order to change qualifying for next year. I
request that you bring this matter to the attention of your cityltown councils or commissions so
action can be taken in time for this year's election. If you require further information or have any
questions, please feel free to contact me.
Sincerely,
Fred D. Galey
Supervisor of Eections
BP--LVCH OFFICES
2 -25.hidge Fran Jamieson Mi -1% Viera. Florida _32940 • (_i?I) 6i_3 -?1?-)
25`5 N. Corerl' ter7aPaikuvat'. Herritt Island, Florida _i2953 ' (i 2r) -4_55-1-100
11 55.11alabar Road NE. Palm Sal', Florida _i290- • (311) 95'-M28
1515 Sarno Road, alelbornvre. Florida _>>9_;5 • (321) 255.4455
ELECTIONS
Sec. 26-1. State election code adopted.
The state election code, F.S. chs. 97-106, is
adopted as the procedure for conducting munic-
ipal elections within the city. The duties, authority
and responsibility of state and county officers,
board and bodies set forth in the state election
code shall apply to the corresponding municipal
entities in the conduct of municipal elections.
(Code 1981, § 211.01)
Sec. 26.2. Penalties for violations.
All penalties for violations as provided in the
state election code adopted in this chapter are spe-
cifically adopted as the penalties for violations of
such code as they pertain to municipal elections
conducted within the city.
(Code 1981, § 211.02)
Sec. 26.3. Qualifying period—Generally.
The qualifying period for candidates for the of-
fices
frices of the mayor and city council shall be at any
time atter 12:00 noon of the 63rd day prior to the
general election and no later than 12:00 noon of
the 49th day prior to the date of the general elec.
tion.
(Code 1981, § 211.04)
Sec. 26-4. Same—Write-in candidates.
The qualifying period for write-in candidates
for the offices of the mayor and city council shall
be at any time after. 12:00 noon of the 49th flay
prior to the date of the general election and no
later than 12:00 noon of the 46th day prior to the
date of the general election.
(Code 1981, § 211.05)
CD26:3
§ 26-9
Ch. 2001-40 LAWS OF FLORIDA Ch. 2001-40
which the contestant relies or stating that the defendant has no knowledge
or information concerning the allegations, which shall be deemed a denial
of the allegations, and must state any other defenses, in law or fact, on which
the defendant relies. If an answer is not filed within the time prescribed, the
defendant may not be granted a hearing in court to assert any claim or
objection that is required by this subsection to be stated in an answer.
(7) Any candidate, qualified elector, or taxpayer presenting such a con-
test to a circuit judge is entitled to an immediate hearing. However, the
court in its discretion may limit the time to be consumed in taking testi-
mony, with a view therein to the circumstances of the matter and to the
proximity of any succeeding riAthpr election.
Section 45. Subsections (1) and (2) of section 99.063, Florida Statutes, are
amended to read:
99.063 Candidates for Governor and Lieutenant Governor.—
(1) No later than 5 p.m. of the 9th 6t4 day following the second primary
election, each candidate for Governor shall designate a Lieutenant Governor
as a running mate. Such designation must be made in writing to the Depart-
ment of State.
(2) No later than 5 p.m. of the 9th 6t -h day following the second primary
election, each designated candidate for Lieutenant Governor shall file with
the Department of State:
(a) The candidate's oath required by s. 99.021, which must contain the
name of the candidate as it is to appear on the ballot; the office sought; and
the signature of the candidate, duly acknowledged.
(b) The loyalty oath required by s. 876.05, signed by the candidate and
duly acknowledged.
(c) If the office sought is partisan, the written statement of political party
affiliation required by s. 99.021(l) (b) .
(d) The full and public disclosure of financial interests pursuant to s. 8,
Art. II of the State Constitution.
Section 46. (1) Notwithstanding s. 100.061, Florida Statutes, for the
year 2002, a primate election for nomination of candidates of political par-
ties shall be held on the second Tuesday in September. The candidate receiv-
ing the highest number of the votes cast in each contest in the primary
election shall be declared nominated for such office. If two or more persons
receive an equal and highest number of votes for the same office, such
persons shall draw lots to determine who shall receive the nomination.
38
CODING: Wordsstr-ieken are deletions; words underlined are additions.
Ch. 2001-40 LAWS OF FLORIDA Ch. 2001-40
(2) Notwithstanding s. 100.091, Florida Statutes, or any other provision
the Florida Election Code to the contrary, there shall be no second 12ri-
3 a No later than 5 p.m. of the 9th day following the primary election
in 2002, each candidate for Governor shall designate a Lieutenant Governor
as a running mate. Such designation must be made in writing to the Depart-
ment of State.
(b) No later than the time specified in naragranh (a)_ each designated
the qualifying gapers specified in s. 99.063, Florida Statutes;
18th and 4th days immediately precedingthe primaU election and on the
46th, 32nd, 18th, and 4th days immediately areceding the general election.
(b)_ Following the last day of qualifying for office, any statewide candidate
who has requested to receive contributions from the Election Campaign
Financinjq Trust Fund or any statewide candidate in a race with a candidate
who has requested to receive contributions from the trust fund shall file
reports on the _4th, 11th, 18th, 25th, 32nd, 39th, 46th, and 53rd days prior
to the general election.
(5) For the 2002 elections, there shall be two elections for purposes of the
contribution limits in s. 106.08, Florida Statutes.
Section 47. Section 97.0555, Florida Statutes, is created to read:
97.0555 Late registration.—An individual or accompanying family mem-
ber who has been discharged _or separated from the uniformed services,
Merchant Marine or from employment outside the territorial limits of the
United States, after the book closing for an election pursuant to s. 97.055
who is otherwise qualified, may register to vote in such election until 5 p.m.
on the Friday before that election. Such persons must produce sufficient
documentation showing evidence of qualifying for late registration pursuant
to this section. The Department of State shall adopt rules specifying docu-
mentation that is sufficient to determine eligibility.
Section 48. Section 101.6951, Florida Statutes, is created to read:
101.6951 State write-in ballot.—
(1) An overseas voter may request, not earlier than 180 days before a
general election, a state write-in absentee ballot from the supervisor of
that
shall be made available to voters 90 to 180 days prior to a general election.
The Department of State shall prescribe by rule the form of the state
write-in ballot.
39
CODING: Words stvirko„ are deletions; words underlined are additions.
/Meeting Type: Regular
Meeting Date: 5121102
AGENDA
Heading
Discussion
Item
g
No.
NIA
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION; STATUS REPORT ON SEWAGE LIFT STATION #4 PROJECT.
DEPT./DIVISION: PUBLIC WORKS/ WWTP
Requested Action:
City Staff and Representatives of Santa Cruz Construction will provide a status report on the project
that is currently behind schedule.
Summary Explanation & Background:
NIA
Exhibits Attached:
NIA
Ci I so
Department
1_'��
Meeting Type: Regular
Meeting Date: 5121102
AGENDA
Heading
Discussion
Item
g
No.
NIA
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: STORMWATER DEMONSTRATION PROJECT
DEPT./DIVISION:
Requested Action:
Council Member Morgan would like to discuss having the Public Works Department construct a
demonstration stormwater project along a section of City right-of-way.
Summary Explanation & Background:
NIA
Exhibits Attached:
NIA
Ci e�
Department