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HomeMy WebLinkAboutPacket 08-20-2002 J{�4pcE y 9 City of Cape Canaveral r CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue Cape Canaveral, Florida TUESDAY August 20, 2002 700 PM AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATION Bea Fowler School Board District Representative CONSENT AGENDA 1 City Council Regular Meeting Minutes of August 6 2002 2 Resolution No 2002 28 Appointing an Alternate Member to the Beautification Board (T Garboski) 3 Quarterly Treasurer's Report and Budget Amendments 4 Purchase of Electronic Bracelets for Project Lifesaver CONSIDERATION 5 Motion to Adopt Resolution No 2002 29 Appointing Anthony A Garganese and the Law Firm of Brown Ward Salzman &Weiss P A as City Attorney for the City of Cape Canaveral ORDINANCES Second Public Hearing 6 Motion to Adopt Ordinance No 11-2002 Amending Code Section 10 26 and 10 27 By Deleting Sections 10 26 and 10 27 105 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 ccapecanaveral@cfl rr com City of Cape Canaveral Florida City Council Regular Meeting August 20 2002 Page 2 7 Motion to Adopt Ordinance No 12-2002 Submitting to the Electors of the City a Referendum Question Regarding The Modification of an Ad Valorem Tax For Police Services 8 Motion to Adopt Ordinance No 13 2002 Amending Code Section 38 Fire Prevention and Protection Code 9 Motion to Adopt Ordinance No 14 2002 Amending Code Section 98 114(0) Streets, Roads And Alleys Generally By Deleting The 500 Foot Length Limitation For Dead-End Streets And Cul-De-Sacs DISCUSSION 10 Wastewater Rehabilitation Project Status Report 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 Statutes the City hereby advises the public that If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting that person will need a record of the proceedings and for such purpose that person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence nor does it authorize challenges or appeals not otherwise allowed by law Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerics office(868-1221)48 hours in advance of the meeting E Meeting Type Regular Meeting Date 08 20 02 r r� r� AGENDA H admg Presentation CITY OF CAPE CANAVERAL It m N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT PRESENTATION BEA FOWLER, SCHOOL BOARD DISTRICT REPRESENTATIVE DEPT/DIVISION LEGISLATIVE Requested Action Mrs Fowler will provide an update of school board actions and will answer any comments or questions of the City Council and residents Summary Explanation& Background N/A Exhibits Attached N/A City ge ' Office Department LEGISLATIVE c ydocu nts\adi ci k— ng\2002\08 20-02\fo doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue Cape Canaveral Florida TUESDAY August 6, 2002 700 PM MINUTES CALL TO ORDER ROLL CALL Council Members Present Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Richard Treverton Larry Weber Others Present Bennett Boucher City Manager Charles Crawford City Attorney Susan Stills City Clerk Morris Reid Building Official BOARD MEMBER INTERVIEW Thomas Garboski Beautification Board Attorney Crawford clarified that Mr Garboski has a Bachelor's degree in Space Science Attorney Crawford asked him why he felt qualified to serve on this City board Mr Garboski replied that he has lived in the community for 20 years and he has experience with different types of native plants He said that he would be an asset to the Board with plant selection Attorney Crawford asked him if he would like to see more development in the City and if so what kind residential or commercial Mr Garboski stated that the City has the right mix without too much congestion He stated that the medians could be improved and he expressed that additional parks would be good Attorney Crawford asked him what he could add to the Board Mr Garboski explained that less is best and prudent planting would allow for less planting and more in show after years of growth Attorney Crawford asked why he specifically wanted to be on the Beautification Board He stated that he would like his name associated with the City's beautification efforts Attorney Crawford asked if he were related to any other Board member Council member or staff Mr Garboski stated that he was not City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 2 Mr Morgan stated that he listened to the applicant and read his application and expressed that he would be good for the Board Mr Morgan also said that Mr Garboski would be an asset he has been a resident for a good many years and he Irked his perspective that more Is not always better Mr Weber stated that he is well qualified and said that he would be an asset to the Board Mayor Pro Tem Petsos thanked Mr Garboski for his interest and asked about his statement on preserving the character of Cape Canaveral Mr Garboski replied that the Shorewood area has lost some of Its plant canopy and that it was up to the condo and home associations and business owners to restore some of that landscaping Mayor Randels commented on the landscaping at Mr Garboski s residence in that it displays his experience with plants He thanked him for his interest in the City and said that the Beautification Board is a positive board and it has the opportunity to change or preserve the City s appearance Mr Garboski questioned the Council on the City in ten years Mr Morgan expressed that one can see older buildings being tom down and there are newer ones adjacent Hopefully there would be a lot of residential to maintain the mix and there are good ordinances on the books and if those are followed the City Is headed In the right direction Mr Garboski commented on the number of trailer parks in the City Mr Morgan responded that the law of 1975 requires that the footprint of an existing trailer remain the same size Mr Nicholas stated that trailer parks are [legally] non conforming structures Mayor Randels stated that the residents passed a height limitation referendum that adopted a 45-foot height limitation Mayor Randels informed Mr Garboski that a resolution to appoint him to the Beautification Board would be on the next City Council meeting agenda PRESENTATION Mrs Katie Malone Project Life Saver Mayor Randels provided background on the Brevard County TRIAD s activities Ms Kim Kaun President of the Central area S A L T stated that their group teaches seniors how to live independently Mrs Katie Malone introduced herself and thanked the Mayor for the opportunity to meet with the Council She explained that Project Life Saver is a program to track wandering persons whom include dementia patients Downs Syndrome persons and Alzheimer s patients Mrs Malone stated statistics In that 60 percent of seniors with Alzheimer's who are not found within critical moments are more likely to be seriously inured Mrs Malone explained that each bracelet has a unique signal that allows that person to be located within five to nine miles She stated that the Citizens Observer Patrol in Cape Canaveral has raised $2 500 for the bracelets Mrs Malone encouraged the Council s action to approve funds In addition to the $2 500 raised She responded to Mr Weber that $290 would cover the cost of maintenance and batteries Mrs Malone explained the location process for the Mayor in that land air and ground patrols effect in a twenty-three minute recovery time City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 3 Mayor Pro Tem Petsos asked how a determination would be made on who would qualify Mrs Malone stated that Indigent persons would be served first and National Poverty guidelines are used Ms Kaun stated that they are looking to assist those who could not afford the bracelet Mrs Malone responded to Mayor Pro Tem Petsos that Titusville has sponsored five bracelets Mayor Pro Tem Petsos Inquired If the hospitals were approached Ms Comn responded that the hospital was not Interested Mr Morgan requested a letter from the hospital regarding their Interest and Mayor Pro Tem Petsos concurred He expressed his concern with using taxpayers money for charitable programs in that It might set a precedent Mrs Malone related that the Sheriff's office has committed volunteers to monitor the batteries Mr Morgan stated that he would personally sponsor one bracelet and he would leave the check In the City Clerk s office Mayor Randels concluded that the Council needs further research Deputy Dexter Rodgers related that this program actually saves taxpayers money In lieu of law enforcement s time and equipment used to find a missing person CONSENT AGENDA 1 City Council Regular Meeting Minutes of July 16, 2002 2 Easement Agreement with Sunrise Sunset Corporation Parcel #24 37 14 27 0000E 2 OOOA 00 2 Cost Share Agreement with the St Johns Water Management District for the Installation of the International Drive Baffle Box 4 Resolution No 2002 27 Appointing a Regular Member to the Beautification Board (C Flanagan) Mayor Randels asked if any Council member staff or Interested party desired to remove an Item from the Consent Agenda for discussion Mayor Randels requested to remove Item No 3 from the Consent Agenda Mr Leo Nicholas requested to remove Item No 4 from the Consent Agenda A motion was made by Mr Weber and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Items No 1 and 2 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 Weber For Consent Agenda Items Removed for Discussion 3 Cost Share Agreement with the St Johns Water Management District for the Installation of the international Drive Baffle Box City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 4 Mayor Randels recognized Mr Frank Sender and Ms Terri Snyder who were influential in the baffle box installation concept Mr Frank Sender related there is a 6- foot outfall in Cape Canaveral that when it rains the sand washes through the outfalls and that has built up to a massive sand bar on the Banana River His intent was to take action before mangroves begin to grow Mr Sender commented that without the baffle box the build-up of sand would increase A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to Approve the Cost Share Agreement with the St Johns Water Management District for the Installation of the International Drive Baffle Box 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 Weber For Mayor Randels stated that the grant amount as $56 389 and thanked the group for their patience 4 Resolution No 2002 27 Appointing a Regular Member to the Beautification Board (C Flanagan) Mr Nicholas questioned the appointment in that one of the members had lost eligibility due to moving away from the City He asked if there were any formal action that removed that member from the Board Mr Boucher stated that the person responded by telephone to say that she resigned A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to approve Resolution No 2002 27 Appointing a Regular Member to the Beautification Board 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 Weber For Mayor Randels introduced a Boy Scout who was working on his merit badge to understand the City s budget Brian Leo of Troop 338 introduced himself and expressed that he worked with Mayor Pro Tem Petsos on the Snook Marker Project He asked Mayor Randels if the troop could perform a service project such as building a new park Mayor Pro Tem Petsos expressed that the City Treasurer would be glad to explain budget issues with the troop and Mr Gardulski Public Works Director would also be glad to work with the troop to build a park or any Eagle Scout project Mayor Randels stated that an Osprey Park might be a feasible project ORDINANCES First Public Hearing 5 Motion to Adopt Ordinance No 11-2002, Amending Code Section, 10 26 and 10 27 By Deleting Sections 10 26 and 10 27, for second reading Mayor Randels read Ordinance No 11-2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CODE SECTION 10 26 and 10 27 BY DELETING SECTIONS 10 26 and 10 27 City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 5 PROVIDING FOR SEVERABILITY PROVIDING FO RREPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr Weber and seconded by Mr Morgan to adopt Ordinance No 11-2002 for second reading Mr Boucher explained that the Building Official recommended removal since these code sections are no longer valid Mr Boucher affirmed for Mayor Randels that this code section repealed the Board of Adjustments and Appeals only as it relates to Amusements 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 Weber For 6 Motion to Adopt Ordinance No 13 2002, Amending Code Section 38, Fire Prevention and Protection Code, for second reading Mayor Randels read Ordinance No 13-2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CHAPTER 38 ARTICLE 11 FIRE PREVENTION CODES OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL FLORIDA BY ADOPTING FLORIDA STATUE 633 025 THE FLORIDA FIRE PREVENTION CODE AND THE LIFE SAFETY CODE BY REFERENCE RENAMING THE CODE REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to adopt Ordinance No 13-2002 for second reading 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 Weber For 7 Motion to Adopt Ordinance No 12-2002, Submitting The Electors Of The City A Referendum Question Regarding The Modification Of An Ad Valorem Tax For Police Services, for second reading Mayor Randels read Ordinance No 12-2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA SUBMITTING [TO]THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE SERVICES ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTIONS DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTIONS REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mayor Pro Tem Petsos and seconded by Mr Weber to adopt Ordinance No 12-2002 Inserting the word to for second reading Council discussed the clarity of the language that reads not exceeding 2 mill from the present levy of 1 0 mill Attorney Crawford recommended changing the language to read by an increase of 1 mill over the present 1 mill Council continued discussion on the clarity City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 6 of stating the existing mlllage and the amount of the Increase Attorney Crawford then suggested the language by an Increase not exceeding 1 mill After further discussion he changed the language to read by an Increase of 1 mill Mayor Pro Tem Petsos stated for clarification that the Council could make any suggested changes at this reading prior to the final reading at the next scheduled Council meeting Mr Weber related that the whole mill might not be used and the language stating not exceeding relays that Intent Attorney Crawford suggested the language by an Increase not exceeding 1 mill of all real property Mr Boucher stated that what is printed In the legal advertisement for the second reading is not what is printed on the ballot The language approved at the second reading Is what is printed on the ballot Attorney Crawford read the language agreed on for the ordinance "Shall the City of Cape Canaveral Florida be authorized to increase the ad valorem tax dedicated to police protection by an increase not exceeding 1 mill on all real property located within the City of Cape Canaveral for additional personnel and equipment beginning with the Fiscal Year commending October 1, 2002 " Mayor Randels summarized that the Council Is asking the residents if they would choose to vote to Increase not exceeding 1 mill for police protection Mayor Pro Tem Petsos stated that explanations are provided prior to voting and the current mlllage could be stated in that Information Mr Boucher reminded that the current amount Is relative for an uninformed voter and that in the past the existing mlllage was stated Attorney Crawford recommended that the language could be changed to add, the current mlllage rate for police protection is 1 0 mill Mayor Pro Tem Petsos inquired about the overall number of words with the 75-word limitation for a referendum question Mayor Randels asked if there were a checklist to know what specific language to Include In the referendum language Attorney Crawford replied that a referendums clarity Is at a fudge s discretion He stated that the Secretary of State recommends the existing language He explained that a referendum is questioned when the advertised explanation has nothing to do with the actual title of the referendum Lt Gary Young stated that the point of reference of what a resident now pays relative to the maximum of what they could pay could be laid out by the City Manager Lt Young emphasized that the public needs to know that additional law enforcement personnel is the intent Council concurred to include additional law enforcement personnel Mr Weber clarified that additional law enforcement personnel and equipment Is stated Mayor Randels requested that the proposed language be distributed to all of Council Mr Boucher stated that the language adopted at the meeting on August 2&would be the language used on the referendum question 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 Weber For 8 Motion to Adopt Ordinance No 14 2002 Amending Code Section 98 114(0), Streets, Roads And Alleys Generally, By Deleting The 500 Foot Length Limitation For Dead End Streets And Cul De Sacs, for second reading City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 7 Mayor Randels read Ordinance No 14-2002 by title AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CODE SECTION 98 114(o) Streets Roads and Alleys Generally BY DELETING THE 500 FOOT LENGTH LIMITATION FOR DEAD END STREETS AND CUL DE-SACS PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE A motion was made by Mr Weber and seconded by Mayor Pro Tem Petsos to adopt Ordinance No 14 2002 for second reading Ms McNeely related the history for this amendment in that fire equipment could not go Into some of the streets or turn around Also some streets disallowed development with the 500-feet limitation Mr Reid stated that the State Statutes and the Fire Code were used to set the requirement for entering streets He related that under the new Fire Code every dead end street 150 feet or longer requires a turnaround for a fire-rescue truck Mr Reid stated that there are several lots on which the 500-foot limitation currently applies 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 Weber For DISCUSSION 9 Manatee Sanctuary Park Parking Plan Mayor Randels opened discussion by stating that the Council has a request from the Recreation Director to relocate the parking lot at the Manatee Sanctuary Park Mayor Pro Tem Petsos reminded that the current parking was suggested due to Its higher elevation He expressed concern with the lower lying area Mayor Pro Tem Petsos also expressed concern with moving the parking further away from the boardwalk and therefore hindering the handicap access Mr Morgan expressed that if parking is kept near the actual site there is room for additional landscaping Mayor Randels questioned the reason for the proposed plan Mr Boucher explained the Recreation Board s memo In that this concept takes the parking away from the residential area and provide an unobstructed view on entering the park Mayor Pro Tem Petsos stated that rain creates ponds In the proposed area and Mr Gardulski used the highest elevation because of that circumstance Mr Weber stated that the more open area provided the more usability the park extends Mayor Randels summanzed the concerns of the Council and asked the Board to re-consider and review their reasoning based on Council's concerns about the proposed low area and the difficulty placed on handicapped visitors Mr Boucher explained that aesthetics and noise concerns were some of the Board s reasons for the proposed plan Mr Morgan said that wet-water retention is another consideration Mayor Randels related that Satellite Beach uses their wet water retention pond for remote-control sailboats Mr Morgan asked if the surface would be pervious Mr Garboski expressed that crushed coquina rock Is a durable material Mayor Pro Tem Petsos also requested Input from the Public Works Department City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 8 10 Support of the Melbourne International Airport 2003 Small Community Air Service Development Pilot Program Grant Mayor Randels stated that this Item was the result of Melbourne Airport not submitting for a grant for which Daytona Beach did submit and was awarded The Department of Transportation proposal reads that the community must be a public/private partnership and currently the Melbourne Airport has no agreement for a public/private partnership The Melbourne Airport would like to submit for a grant in the subsequent year Currently there is $27 million earmarked for small community air service The City of Melbourne is asking other municipalities for support and a secured commitment of financial support for the local non airport share of this grant estimated at $165 000 Mayor Randels summarized that other communities are being asked to match the grant He stated that although he did not favor financial support Melbourne Airport is also requesting a resolution in support of the Melbourne Airport Authority and Its effort to enhance air service specifically supporting Small Community Air Service Mayor Pro Tem Petsos expressed that he would not support budgeting funds for the Melbourne Airport and stated that the City had previously forwarded a resolution In support of the Melbourne Airport as well as encouraging staff to use the service Council concurred that the City does not have the financial means to support the Melbourne Airport and a copy of the previous resolution would be forwarded REPORTS 1 City Manager • Mr Boucher reported on University of Florida s population estimate and a 3 8 percent increase in population over last year totaling 9 161 people • Mr Boucher announced that the Harbor Heights paving project would begin on August 8"' flyers preceded the installation and reuse would discontinue to avoid overspray in the work area • Mr Boucher reported that the Pedway Bridge would begin within one week • Mr Boucher reported that the North entrance sign on A1A is underway and requested feedback on the height Council requested more blocks to elevate the sign • Mr Boucher reported that the storm water utility consultant is working on data for a meeting • Mr Boucher said that Peacock traps are available • Mr Boucher informed that the City Treasurer is working on the adjusted budget Council will receive the corrected pages • Mr Boucher stated that he received the Brown &Caldwell study on the reuse system and he would review it with staff prior to further discussion with the Council City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 9 2 Staff City Clerk • City Clerk informed that the Florida League of Cities published about the City s participation in the Governor's Mentonng Initiative in Quality Cities magazine • City Clerk also Informed that Cape Canaveral was omitted in this year's Flonda League Annual Quality Cities magazine • City Clerk announced that Mance Scarborough Head of the Children s Program at the Canaveral Library has accepted a position with the Merritt Island Library as head of the reference section A party will be held in her honor on Wednesday August 14`h City Attorney • Mr Crawford replied to Mr Morgan s question on any case law referring to roll-off containers He stated that none has been found at this time AUDIENCE TO BE HEARD • Ms Shannon Roberts spoke regarding North Atlantic Avenue in the Solana Shores/Shorewood area that is dimly lit and the danger to the bicycle/pedestnan path Staff will address this concern • Mr Nicholas Inquired about the grant for the land on southwest corner of North Atlantic and Central Blvd Mr Boucher replied that he reviewed the score sheet and found that the application did not meet the requirements for the grant Mr Morgan asked if there were other alternative funding sources to acquire the land Mayor Randels stated that the research was done however the City did not apply for the grant this year • Mr Nicholas inquired about the special exception that was granted for Hertz Rental Car and asked if they were open for business Mr Boucher stated that there are provisions if a business is open without the required occupational license • Mr Frank Sender asked about the time line completion on the baffle box project in light of the projects proceeding on State Road A1A Mayor Randels stated that he would give Mr Sender a schedule from the proposal for his homeowners group 2 City Council Mr Morgan • Mr Morgan inquired about the prototype project Mr Boucher replied that the Public Works Director has been tasked with the Department of Transportation landscaping project City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 10 • Mr Morgan expressed his appreciation to the City Clerk s office for staff efficiency In addressing requests • Mr Morgan related a request for a stop sign at Orange and Jefferson Avenue Ms McNeely stated that she had sent a note of thanks to the City for the much appreciated new stop sign at Jefferson and Rosalind Avenue Mr Weber • Mr Weber informed that he spoke with Pam Shoemaker of Brevard County Solid Waste and an International Truck Rodeo at the end of Center Street is scheduled for August 24"' • Mr Weber related his experience with the international Dnve area in that 15 to 20 bags of litter were picked up during clean ups that ended up at the location of the sand bar • Mr Weber commended the Citizens on Patrol and their work throughout the City Mayor Pro Tem Petsos • Mayor Pro Tem Petsos inquired about instituting a sidewalk policy Mr Boucher stated that the City Attorney is working on this Attorney Crawford stated that a collection mechanism for those who refuse to pay collect during the time of the Building permit Attorney Crawford stated that 110 473(e) would need amendments to include language that would provide a mechanism for providing payment • Mayor Pro Tem Petsos expressed concern with the increasing number of car rental agencies in the City He recommended moving these establishments into a designated area He requested that Planning and Zoning look at eliminating that specialized use • Mayor Pro Tem Petsos expressed his discouragement with the City s non participation in the National Night Out Mr Boucher suggested Incorporating this Into another City event at another time • Mayor Pro Tem Petsos inquired about bncks being thrown through business windows and questioned if businesses areas are regularly patrolled at night • Mayor Pro Tem Petsos inquired about Commerce Drive behind the Post Office and asked if the City of Cocoa planned to repair this area • Mayor Pro Tem Petsos inquired about the modifications to the wastewater plant Mr Boucher replied that Brown and Caldwell are still working to get the contractor mobilized Mayor Pro Tem Petsos invited Mr Hortenstine to the next scheduled Council meeting • Mayor Pro Tem Petsos asked for more frequent daily E mail updates from the City Manager • Mayor Pro Tem Petsos announced the Flonda Water Supply Planning Initiative on August 22 d Mr Weber would representative the City • Mayor Pro Tem Petsos thanked the City Clerk for his campaign packet and he announced his plans to run for re election He also reported that one of the City of Cape Canaveral Florida City Council Regular Meeting August 6 2002 Page 11 County Commission candidates commended the Clerk s office for their pleasant customer service Mayor Randels • Mayor Randels reported that the Streets Department has installed 1 053 feet of sidewalk along Poinsetta Avenue and 1 146 feet along Madison Avenue This enable the school children to walk from the school to the City Hall area • Mayor Randels informed that Virginia Haas successfully represented the City in St Augustine regarding technology use • Mayor Randels announced an invitation from Bud Gardner for a lunch on Wednesday August 10 • Mayor Randels also commented on the Mentorship Program announced in the Florida League of Cities magazine • Mayor Randels announced that the Space Coast League of Cities scholarship committee under Mayor Pro Tem Petsos gave a$2 000 scholarship to a gentleman who is now the Town Manager of Melbourne Village • Mayor Randels informed that a gentleman who wants to buy three apartment buildings in the City contacted him • Mayor Randels announced the Water Conservative Initiative on August 21�` • Mayor Randels related that he had photos from Alicia Brittain displaying the history of the Beautification Board s efforts Mayor Randels plans to research and draft a proclamation to thank the Board ADJOURNMENT There being no further business the chair adjourned the meeting at 9 30 P M Rocky Randels MAYOR Susan Stills CITY CLERK E, Meeting Type Regular Meeting Date 08 20 02 r x. AGENDA H ading Consent CITY OF CAPE CANAVERAL It m 2 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION NO 2002 28 APPOINTING AN ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD DEPT/DIVISION LEGISLATIVE Requested Action City Council consider the appointment of Mr Thomas Garboski as a first alternate member of the Beautification Board Summary Explanation& Background Mr Garboski was interviewed by City Council on 08 06 02 His term will expire 11 01 04 I recommend approval Exhibits Attached Resolution No 2002 28 !City Manager's Office Department LEGISLATIVE cape ntUurn\jttydocuments\admm\council\tneeting\2002\08 20-02\2002 28 doc RESOLUTION NO 2002 28 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, APPOINTING A FIRST ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City Council of the City of Cape Canaveral Florida has by Code Section 2 181(a) created a Board known as the Beautification Board and WHEREAS it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a First Alternate Member to said Board NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 Thomas Garboski is hereby appointed as a First Alternate Member of the Beautification Board of the City of Cape Canaveral Florida with terms to expire on November 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 20th day of August 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford CITY ATTORNEY \\Cape nt\cityclerk\CityClk\Resolutions\BOARD5\Appomtments\Beautification Board Alternate doc Meeting Type Regular 5 E �s`� Meeting Date 08 20 02 � r q ,r. AGENDA H adi g Consent C17Y OF CAPE CANAVERAL It m 3 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT QUARTERLY TREASURER S REPORT AND BUDGET AMENDMENTS DEPT/DIVISION FINANCE/ADMINISTRATION Requested Action City Council consider approval of the quarterly treasurers report and amendments as recommended by the city treasurer Summary Explanation& Background See attached I recommend approval Exhibits Attached Treasurer s Report dated 08 13 02 City Maer Office Department FINANCE/ADMINISTRATION h cape ydocumt �dnlwdzuncelleeting\2002\0820-02\budgetdoc MEMORANDUM DATE AUGUST 13 2002 TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM ANDREA BOWERS CITY TREASURER SUBECT BUDGET REPORT AND TRANSFERS FOR THE THIRD QUARTER OF FISCAL YEAR 2001/02 QUARTER ENDED 6/30/02 The third quarter of our fiscal year is now complete and we are gearing up to close out the year With only a few amendments listed below projections for revenues seem to be on schedule When Grants and Internal transfers are removed from the equation revenues stand at 94% collected This represents the figures prior to this periods adjustments They represent 97% collection of original Budget projections The majority of the revenue increases are related to the increased building activity and the revenue derived from the Communication Services Tax With the implementation of the following budget adjustments we are able to reduce Appropriated Fund Balance by $351 255 With the announced rate decreases FPL's Utility Tax revenue is down approximately 3% while the FPL Franchise Fee is collected at 95% These two accounts are offsetting each other and no adjustments will be made at this time Communications Service Tax continues to increase and we expect that an additional $50 000 will be collected year end These figures represent a 38% increase over the original budget projections Development within the City has continued to progress at a significant rate and revenues attributable to permitting will again be increased to reflect current estimates Fines and Forfeitures are being adjusted to reflect the current receipts The Clerk of Courts has completed their software implementation and is now reporting actual activity instead of the estimated activity of the past two years As you are aware the City placed funds received in excess of projections in escrow on the belief that eventually the County would require a refund of overpayments Currently we are receiving one half of the monthly activity with the balance going towards reducing the overpayment As these funds are received we are reducing the Escrow account to record the actual activity and account for the reduced balance owed the County 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 A number of increases are being requested for the Administration Departments Overtime is increased to fund the Clerk s office as they act as Secretary to the Community Appearance Board Contractual Services Communications Service and Equipment Maintenance are increased to cover the final months of this year Capital Purchases are increased to fund the following Digital Camera $500 Back up Hard Drive for new Scanner Station $500 Contract Services are increased in the Planning & Zoning Department to provide for the legal services provided at the Board Meetings and in the Building Department to fund the plan review for Cape Caribe done by SBCCI It should be noted that the developer has provided for this plan review and the funds are recorded in the Plan Review Income adjusted in Revenue above The Streets Department requires increases in various operating accounts where actual activity exceeded original budget projections Machinery and Equipment has been increased to cover the air conditioner replaced in City Hall The Stormwater Project account is zeroed out in this department as it is funded within the Non Departmental expenditures Capital Improvements in Non Departmental is increased to cover the cost of building renovations and reorganization currently being conducted in City Hall In other funds Impact fees for the Ariel Fire Truck have come in higher than expected and are increased to reflect the new construction Capital Expansion Fees received for Fire are increased in the Capital Expansion Fund to reflect the increase in development and to budget for the transfer of these funds to the General Fund In the Sewer Enterprise Fund revenue projections for Sewer Assessment Fees and Reuse Hook Up Fees are increased This is primarily due to the development activity These increases will be used to reduce Cash Forward This completes the requested Budget Amendments for the third quarter of the fiscal year 2001/02 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 6/30/2002 3/31/02 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND BALANCE GENERAL FUND REVENUE 001 3221000 BUILDING PERMITS 215 000 205 000 420 000 001 3292000 FIRE INSPECTION FEES 22 000 11 000 33 000 001 3151000 COMMUNICATIONS SERVICE 369 000 50 000 419 000 001 3387000 COUNTY SHARED IMPACT FEES 65 000 6 700 71 700 001 351 1000 FINES & FORTFEITURES 110 000 12 000 122 000 001 3692000 PLAN REVIEW INCOME 60 000 70 000 130 000 001 3802000 TRANSFER FROM FIRE TRUST FUND 11 000 8 000 19 000 001 3842000 APPROPRIATED FUND BALANCE 365 956 (351 255) 14 701 001 3843022 TRANSFER FROM CAP EXPAN FIRE 10 000 3 000 13 000 AMENDED GENERAL FUND REVENUE 14 445 ADMINISTRATION 001 2 513 1400 OVERTIME 1 027 740 1 767 001 2 5133400 CONTRACTUAL SERVICES 1 400 600 2000 001 2 513 4100 COMMUNICATIONS SERVICE 5 000 1 275 6 275 001 2 513 4620 EQUIPMENT MAINTENANCE 6 600 500 7 100 001 2 5136400 CAPITAL PURCHASES 34 060 1 000 35 060 AMENDED ADMINISTRATION EXPENDITURES 4 115 PLANNING &ZONING 001 3 515 3400 CONTRACT SERVICES 1 000 3 050 4 050 AMENDED PLANNING & ZONING EXPENDITURES 3 050 BUILDING DEPARTMENT 001 6 524 3400 CONTRACT SERVICES 16 000 26 200 42 200 AMENDED BUILDING DEPT EXPENDITURES 26 200 STREET DEPT 001 7 541 4320 STREET LIGHTS 43 000 9 000 52 000 001 7 541 4610 BUILDING & GROUNDS MAINTENANCE 18 450 6 330 24 780 001 7 541 5200 OPERATING SUPPLIES 8 150 2 500 10 650 001 7 541 5250 SMALL TOOLS 2 925 1 550 4 475 001 7 541 6310 STORMWATER PROJECT 74 000 (74 000) 001 7 541 6400 MACHINERY& EQUIPMENT 22 185 5 700 27 885 AMENDED STREET DEPT EXPENDITURES (48 920) NON DEPARTMENTAL 001 17 901 6200 CAPITAL IMPROVEMENT BUILDING 30 000 30 000 AMENDED NON DEPARTMENTAL EXPENDITURES 30 000 AMENDED GENERAL FUND REVENUE 14 445 AMENDED GENERAL FUND EXPENDITURES 14,445 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 6/30/2002 3/31/02 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND BALANCE REVENUES 102 3632220 IMPACT FEES AERIAL FIRE TRUCK 16 000 3 500 19 500 AMENDED FIRE PROTECTION FUND REVENUES 3 500 EXPENDITURES 102 22 581 9100 TRANSFER TO GENERAL FUND 16 000 3 500 19 500 AMENDED FIRE PROTECTION FUND EXPENDITURES 3 500 REVENUES 302 363 2212 CAPITAL EXP IMPACT FEES FIRE 8 000 5 000 13 000 AMENDED BEAUTIFICATION FUND REVENUES 5 000 EXPENDITURES 302 26 522 6000 CAPITAL EXPANSION FIRE SERVICE 8 000 5 000 13 000 AMENDED BEAUTIFICATION FUND EXPENDITURES 5 000 REVENUE 401 3001000 CASH FORWARD 731 729 (125 000) 606 729 401 3435300 SEWER ASSESSMENT FEES 395 000 120 000 515 000 401 3435301 REUSE HOOK UP FEES 7 500 5 000 12 500 AMENDED SEWER FUND REVENUE E, Meeting Type Regular Meeting Date 08 20 02 r 9 _ AGENDA H adi g Consent CRY OF CAPE CANAVERAL It M 4 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSIDERATION PURCHASE OF ELECTRONIC BRACELETS FOR PROJECT LIFESAVER DEPT/DIVISION LEGISLATIVE Requested Action Mayor Randels is requesting that City Council consider the purchase of electronic bracelets for Project Lifesaver within the City of Cape Canaveral Summary Explanation& Background Community volunteers have collected over $2 500 to purchase these bracelets that cost $390 each. The program goal is to have(20)electronic bracelets available for our residents One of our community objectives is to support Triad programs and Mayor Randels is requesting funds be appropriated to assist this program. Exhibits Attached Project Lifesaver Policy and Procedures City Me ' Office Department LEGISLATIVE ,` ca knydocu ents\a eetmg\2002\08 20-02Vifesaver doc 54ACE Aid City of Cape Canaveral August 13 2002 Mr Christopher S Kennedy President Cape Canaveral Hospital 701 W Cocoa Beach Causeway Cocoa Beach FL 32932 0069 RE CAPE CANA FERAL —PROJECT LIFESA PER Dear Mr Kennedy On behalf of the City of Cape Canaveral City Council I am seeking your support in helping to kick off Project Lifesaver within the City of Cape Canaveral Community volunteers have already raised$2 500 00 to purchase electronic bracelets for individuals who suffer from Alzheimer s or Dementia Our goal is to purchase (20) of these electronic bracelets ($390 00 each)for use within the City and any financial support from Cape Canaveral Hospital would be greatly appreciated I have enclosed the formal policy and procedures of this program If you have any questions please contact me anytime Sincerely BenneH-C Bouc er - '_ 'City Manager BCB kmm Cc Honorable Mayor and Members of City Council Commander McGee Cape Canaveral Precinct 105 Poll.Avenue Post Office Box 326 Cape Canaveral FL 32920 0326 Telephone (321) 868 1220 FAX(321) —99 3170 www tcn state fl us/cape c mail ccapecanaveral@cfl rr.,om TRIAD ibr BREYW ° BREVARD COUNTY '7 7 PROJECT LIFESAVER SPOLICY & PROCEDURE , I PURPOSE To establish guidelines for Brevard County Sheriff's Department personnel who are responsible for placing citizens into the program monitoring and locating clients that wander from their homes This will be done by the distribution of the Care Trak Electronic Bracelets to a client with a history of Alzheimer s or Dementia with a potential of wandering Each client will be assigned a unique frequency and may be tracked and located by Sheriff's Office Personnel by the use of receivers tuned to the appropriate frequency II POLICY Personnel assigned and trained in the use of the Care Trak Mobile Locator will be responsible for responding when activated to assist in locating clients of the Project Lifesaver Program Citizen Observer Patrol Personnel will perform routine monthly maintenance checks of transmitters that have been issued to clients of the Project Lifesaver Program III RESPONSE PROCEDURE A Electronic receivers and equipment bags will be available for the on call responder at North East and South Precincts as well as in Aviation B Each on call responder will also carry spare batteries and other equipment deemed necessary C Once alerted to a missing Project Lifesaver Program Client the following procedure will be implemented 1 The aviation Unit will be notified and will respond to the location and begin a sweep for the signal 2 The on call ground unit will respond to the location and immediately establish the electronic search 3 Upon locating and reco,ery of the misaing client the on call ground unit will determine if the client is in need of medical treatment and terminate the search 4 At not time will any unit tracking equipment be given to any non qualified personnel 5 An After Action Report Form will be completed by the ground unit and forwarded to the Aviation Unit IV EQUIPMENT MAINTENANCE PROCEDURE A Care Trak Device 1 Team members will complete monthly maintenance checks on all Care Trak 1000 receivers to insure they are functioning properly 2 All monthly maintenance of equipment will be logged in the Lifesaver Maintenance Log B Wrist Transmitters 1 Any trained member of the Sheriff's Office and or Citizen Observer Patrol will be responsible for replacing the battery in each wrist transmitter every 30 days from the date installed 2 Client wristbands will be adjusted or replaced when necessary 3 Wrist transmitters will be checked with a Transmitter Tester to insure that they are functioning properly 4 All monthly maintenance of equipment will be logged in the Lifesaver Maintenance Log V INSTALLMENT AND REMOVAL A Trained personnel from the Sheriff s Office Crime Prevention Unit will meet with the caregiver of a potential client to explain the Project Lifesaver Program complete application/contract and fit the client with the wrist transmitter and battery tester B For non indigent clients a cashiers check or monev order made pavable to Brevard Countv TRIAD Inc in the amount of$390 00 which includes a years supplv of batteries will be collected and forwarded to Brevard Countv TRIAD Inc C When the caregi-,er requests to have the person released from the Project L fesa-ver Program all equipment will be returned to Project Lifesaver -k tax deductible receipt w ill be given Lo non indigent clients E , Meeting Type Regular Meeting Date 08 20 02 r � AGENDA t+i tL H adi g Resolutions CITY OF CAPE CANAVERAL It m 5 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002 29 APPOINTING ANTHONY A GARGANESE AND THE LAW FIRM OF BROWN WARD SALZMAN&WEISS P A AS CITY ATTORNEY DEPT/DIVISION LEGISLATIVE Requested Action City Attorney Kohn Bennett has notified the City that he and his firm, Amari&Thenac P A are no longer able to provide legal services to the City due to staffing constraints Kohn Bennett is recommending the City retain former assistant city attorney Anthony A Garganese for the balance of the current legal services agreement which expires on 12 06 02 Summary Explanation& Background Kohn Bennett s fees are $90 00 per hour for City work and $110 00 per hour for litigation. Anthony Garganese s fees are$100 00 per hour for City work and$110 00 per hour for litigation See attached resolution and agreement Background information on Mr Garganese s firm has been placed in your mailbox Exhibits Attached Resolution No 2002 29 New Legal Contract City Man s ce Department LEGISLATIVE cape m\mydocuments m\cou ng\2002\08 20-02\2002 29 doc RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA APPOINTING ANTHONY A GARGANESE AND THE LAW FIRM OF BROWN, WARD, SALZMAN & WEISS, P A AS CITY ATTORNEY FOR THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE Whereas,Anthony A Garganese and the law firm of Brown Ward Salzman&Weiss P A desire to become City Attorney for the City of Cape Canaveral Florida and Whereas, the City Council of the City of Cape Canaveral desires to retain Anthony A Garganese and the law firm of Brown Ward Salzman& Weiss P A as City Attorney pursuant to Article VII of the City Charter and Whereas,the City Council of the City of Cape Canaveral finds that this Resolution is in the best interests of the public health safety and welfare of the City of Cape Canaveral NOW THEREFORE, be it resolved by the City Council of the City of Cape Canaveral as follows Section 1 Agreement for Legal Services The City Council of the City of Cape Canaveral hereby appoints Anthony A Garganese and the law firm of Brown Ward Salzman & Weiss P A as City Attorney pursuant to the terms of the Agreement for Legal Services attached hereto and incorporated herein by this reference Section 2 Repeal of Prior Inconsistent Resolutions All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict Section 3 Severability If any section subsection sentence clause phrase word or portion of this Resolution or Agreement for Legal Services is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto Section 4 Effective Date This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral Florida RESOLVED by the City Council of the City of Cape Canaveral Florida in a regular meeting assembled on this day of , 2002 ROCKY RANDELS Mayor ATTEST SUSAN STILLS City Clerk AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES is entered into between BROWN, WARD SALZMAN, & WEISS, P A (hereinafter the Law Firm ) 225 East Robinson Street Suite 660 Post Office Box 2873 Orlando Florida 32802 2873 and THE CITY OF CAPE CANAVERAL, FLORIDA a Florida Municipal Corporation whose address is 105 Polk Avenue Post Office Box 326 Cape Canaveral Florida 32920 (the City ) This Agreement shall bind the parties upon its execution by their representatives and shall become effective upon the date of the last signature RECITALS WHEREAS the Law Firm desires to provide legal services to the City and the City desires to receive such services and WHEREAS the parties mutually desire to finalize in writing this Agreement for legal services and WHEREAS the City Council finds this Agreement is in the best interests of the public health safety and welfare of the City of Cape Canaveral NOW THEREFORE in consideration of the mutual covenants and promises set forth herein the parties agree as follows 1 0 ENGAGEMENT OF THE LAW FIRM The City hereby engages the Law Firm and the Law Firm agrees to perform the services set forth below Anthony A Garganese a shareholder in the Law Firm shall be designated the City Attorney and shall serve as a Charter Officer of the City of Cape Canaveral The other attorneys of the Law Firm who are directed by the City Attorney to provide legal services to the City shall serve as Assistant City Attorneys pursuant to the City Charter The Law Firm understands and agrees that all services contracted for are to be performed solely by the Law Firm and may not be subcontracted for or assigned unless provided in this Agreement 20 SCOPE OF SERVICES A Law Firm agrees to represent the City in all legal proceedings and will perform all other duties assigned by the City Council in accordance with City of Cape Canaveral City Charter and any amendments or modifications thereto In furtherance of the responsibilities designated under the City Charter the Law Firm agrees under the direction of the Cape Canaveral City Council and Cape Canaveral City Manager to perform certain professional legal services more particularly described as follows 1) Prepare and file pleadings motions or briefs which may be required and represent the City in any and all litigation (including but not limited to actions brought by or against the City in ajudicial or administrative forum and all appeals) except such actions as may be assigned to special counsel or be covered by an insurance policy naming the City as the insured or actions jointly defended with the City of Cape Canaveral 2) Initiate and conduct discovery including depositions on behalf of the City and represent the City in discovery initiated by opposing parties 3) Represent the City and attend City Council meetings (unless excused from attendance by the City Council or City Manager) 4) Draft/Review ordinances resolutions contracts and correspondence relating to the transaction of City business and affairs 5) Perform legal research and render legal advice 6) Review and analyze City legal files data documents and other materials concerning the matters referenced in this paragraph and advise on recommended legal course of action 7) Attend and participate in meetings conference calls field trips or similar functions and report on the status of the legal matters S) Act as an intermediary and legal advisor for the City when special counsel or insurance defense counsel is appointed to represent the City in any legal proceeding 9)Assist in bond transactions and bids 10) Act as Law Firm pursuant to the City s Charter and this Agreement 11) Prepare formal legal opinions 12) Provide legal representation as set forth above to City boards 2 including the Planning and Zoning Board Land Planning Agency Architectural Review Committee Board of Adjustment or other Boards as required by the Cape Canaveral City Council or City Manager 13) At the election of the City Council either prosecute cases before the City s Code Enforcement Board or represent said Board and defend on appeal Board decisions rendered in such prosecutions 14) Complete real property transactions 15) Prosecute code enforcement citations before a court of competent jurisdiction and 16) Such other legal services required by the City Council or City Manager B As Law Firm deems appropriate and in specialized matters the Law Firm may recommend to the City use of special legal counsel for defined purposes If recommended by Law Firm the City Manager may approve use of special counsel for an expenditure of legal fees payable to the special legal counsel not to exceed the City Manager s spending authority approved by the City Council All other requests to utilize special counsel shall be subject to prior approval of the City Council C The Law Firm shall be bound by the requirements of Section 112 313(2) (4) (5) (6) and(8) Florida Statutes(code of ethics) The Law Firm shall represent no private individual or legal entity before the City in any proceeding or matter D As determined to be necessary by the City Attorney the other attorneys associated with the Law Firm shall serve as Assistant City Attorneys and provide legal services in accordance with the terms and conditions of this Agreement 3 3 0 CONSIDERATION A Compensation Fees and Expenses 1 The City shall be billed at a rate of$100 00 per hour for non litigation related legal services provided under this Agreement and not to exceed $65 00 per hour for paralegals of the Law Firm(if any) The City shall be billed at a rate of$110 00 per hour for litigation related legal services provided under this Agreement for example a labor grievance an administrative hearing a code enforcement or drug nuisance prosecution case formal written legal opinions pre trial trial post trial Appellate Proceedings and forfeiture proceedings Legal opinions rendered by the Law Firm for any City financial transactions (e g bonds special assessments) shall be determined based on reasonable fees customarily charged for such opinions in the Central Florida area Prenuum rates will not be paid for overtime work Upon request by the Law Firm the City s City Council may be asked to review and adjust this rate of compensation 2 Routine expenses such as local phone calls local travel expenses word processing and clerical or secretarial services are overhead and will not be separately compensated Law Firm reserves the ability to charge for photograpluc copies postage long distance phone calls and facsimile transmissions(as charged by the long distance carrier) at rates commensurate with the general rate charged to other clients of the Law Firm 3 Billing for services performed shall be on a monthly basis Billable hours shall be measured in 6 minute increments All bills shall denote what attorney conducted the work a brief explanation of the type of work performed the date on which the work was performed and the amount of time expended in performing the work Reimbursement of costs for items such as exhibits title insurance commitment and policy priority and overnight postage computer research 4 (e g Westlaw) environmental studies appraisals surveys transcripts and witness fees will be at cost to the Law Firm and will also be billed monthly Billing invoices will be paid within fifteen days after receipt by City B Travel In addition to the above compensation for fees and costs justified and reasonable travel expenses which are directly and exclusively related to the professional services rendered under this Agreement will be reimbursed in accordance with Section 112 061 Florida Statutes Pursuant to Section 112 061 Florida Statutes attorneys of the firm with whom the Law Firm practices are designated as authorized travelers during the life of this Agreement For the purposes of computing travel expenses the Law Firm s place of business shall be utilized for computation of all travel expenses C Sales Tax The Law Firm shall not be exempted from paying Florida state sales and use taxes to the appropriate governmental agencies or for payment by the Law Firm to suppliers for taxes on materials used to fulfill its contractual obligations with the City The Law Firm shall not use the City s exemption number in securing such materials The Law Firm shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement The City shall reimburse the Law Firm for sales tax paid on cost items passed through to the City D No Pledge of Credit The Law Firm shall not pledge the City s credit or make the City a guarantor of payment or surety for any contract debt obligation judgment lien or any form of indebtedness 4 0 DOCUMENTATION A The Law Firm shall submit monthly written invoices All invoices shall be submitted to the City Manager at Cape Canaveral City Hall 5 B The Law Firm shall maintain a file(s) available for inspection by the City Manager containing documentation of costs and fees incurred in connection with this Agreement The file(s) shall be maintained for a period of one year after the cost or fee is incurred by the Law Firm unless otherwise notified in writing by the City specifying the document to be maintained 5 0 PUBLIC RECORDS As provided by Florida Statutes anything by whatsoever designation it may be known that is produced by or developed in connection with this Agreement shall remain the exclusive property of the City and may not be copyrighted patented or otherwise restricted as provided by Florida Statutes Neither the Law Firm nor any other individual employed under this Agreement shall have any proprietary interest in any product(s) delivered under this Agreement The reasonable cost of preparing and photocopying the documents for the City may be charged for said services 6 0 TERMINATION OF AGREEMENT A In the event this Agreement is terminated by either party for convenience or cause all finished or unfinished documents data studies correspondence reports and other products prepared by or for the Law Firm under this Agreement shall be made available to and for the exclusive use of the City B The City Council may terminate this Agreement for any reason or for its convenience (without cause)by giving written notice to the Law Firm including the effective date of termination The Law Firm may at any time terminate this Agreement for any reason or for convenience(without cause)by giving thirty(30)days written notice to the City including the effective date oftermination Upon termination of this Agreement by either party the Law Firm shall honor the provisions of Rule 4 1 16 of the Code of Professional Conduct of the Florida Bar 6 70 AMENDMENTS Either party may from time to time request changes under this Agreement Such changes which are mutually agreed upon shall be incorporated in written amendments to this Agreement 80 AGREEMENT AS INCLUDING ENTIRE AGREEMENT This instrument including any attachments embodies the entire agreement of the parties There are no other provisions terms conditions or obligations This Agreement supersedes all previous oral or written communications representations or agreements on this subject 90 LIABILITY The City shall defend the actions of the City Attorney and the Law Firm in perforirung as the City s attorneys The Law Firm shall maintain during the period of this Agreement a professional liability insurance policy or policies affording a mimmum one million dollars in professional liability coverage for the professional services to be rendered to City under this Agreement 10 0 ADMINISTRATION OF AGREEMENT A The City contract adnumstrator is the City Manager Anthony A Garganese is the contractor administrator for the Law Firm All written and verbal approvals referenced in this Agreement(unless specified as being required to be obtained from the City Council)must be obtained from the parties contract administrators or their designees From time to time either party may notify the other making a unilateral change in the person named by said party as the contract administrator for said party This contract shall be governed by and construed under the laws of the State of Florida B Any attorney employed by the Law Firm may provide legal representation under this Agreement to the City its officers and employees The Law Firm may refer work under this 7 Agreement to attorneys in said law firm C The City of Cape Canaveral acting by and through its City Council as a collegial body shall be considered Law Firm s client IN WITNESS WHEREOF the undersigned parties have executed this Agreement on the date set forth below CITY OF CAPE CANAVERAL, FLORIDA DATE APPROVED BY CITY COUNCIL By Rocky Randels Mayor ATTEST Susan Stills City Clerk BROWN, WARD, SALZMAN & WEISS, P A By Anthony A Garganese, Vice President Date 8 Meeting Type Regular 5 E �s'!� Meeting Date 08 20 02 ` r � x= AGENDA tL `� H aai g Ordinance 2 a Public Hearing CITY OF CAPE CANAVERAL It m 6 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 11 2002 DELETING CODE SECTIONS 10 26 AND 10 27 DEPT/DIVISION LEGISLATIVE Requested Action City Council consider at first reading Ordinance No 11 2002 deleting Code Sections 10 26 and 10 27 Summary Explanation& Background The current codes are no longer valid and this amendment deletes these code sections I recommend approval Exhibits Attached Ordinance No 11 2002 City Man �rffice /° Department LEGISLATIVE cape nt docume !sn cil\meeting\2002\08 20-02\11 2002 doc ORDINANCE NO 11 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION, 10 26 and 10 27, BY DELETING SECTIONS 10 26 and 10 27 PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS Cape Canaveral Code Section 10 26 Section 10 26 provides that the Standard Amusement Device Code 1985 Edition is adopted by reference and shall be controlling law within the jurisdiction of the City of Cape Canaveral and WHEREAS Cape Canaveral Code Section 10 27 provides that Sections 108 1 108 2 108 2 1 108 2 2 108 2 3 and 108 3 are adopted as amendments to the standard Amusement Device Code 1985 Edition and WHEREAS Florida Statute Chapter 6 Section 16 242 currently regulates amusements and entertainment and therefore supersedes the Standard Amusement Device Code 1985 Edition THEREFORE BE IT ORDAINED by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Section 10-26 is hereby deleted in its entirety as follows InG is adopted by referenGes as though it were Gopied fully in this Ft used in the arriusement dey!Ge Gorda adopted in this sentinn i� r shall be GOnstrued to Fnean the building OffiGial of the City oF his "''ctuthenzed r�ntatPve- (G ) Any peFsen who shall violate or whe shall fall tO GOMPly with the Gede adopted in this seGtion er who shall violate or fall to GGIFFIply with any order oF Fegulation Fnade under the Gode adopted in this seGben or who shall in violation of any detailed statement resper.tively be PURished as provided in SeGbon !-15 SECTION 2 Section 10 27 is hereby deleted in its entirety as follows The amusement dev'ne Gude adopted in Section 10 26 4s City of Cape Canaveral Flonda Ordinance No 11 2002 Page 2 (1) SeGtlen is arriended to Fead as fellows Appointment There is by established a board to be rall the GenstFuGtlen board of ac4ustment and appeals wh1c;h shall r-,P-nsist of five member The board shall he appointed by the (2) SeGbon 108 2 is amended to Fead as follows 108 7 Membership and Terms ac4ustment and appeals should be Gemposed of individuals with knowledge and expeFienGe in the teGhniral Godes 108 7 7 Terms The terms of office of the beaFd members shall be two yeaFs from the date of appointment Continued absenGe of any member from required meetings of be shall t the 663retion of the pity noUnn.l render any sunh Fnember subjert to immediate removal from Gff!Ge re'+ on for itsdeny ion the vote of eanh member the v (3) SeGtion 108 3 is amended to read as follows 108 3 Quorum and Yeting A simple majority of the board shall SECTION 3 Severability If any section paragraph phrase or word of this Ordinance Is held to be unconditional 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 Conflicting Provisions Any Ordinance or part of an Ordinance In conflict herewith Is repealed SEC, TION 5 Effective gate This Ordinance shall take effect immediately upon its adoption \\Cape-nt\cdyclerk\CdyCik\Ordlnances\2002\Amending Code Sections 10-26 and 10 27 doc City of Cape Canaveral Florida Ordinance No 11 2002 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford CITY ATTORNEY \\Cape-nt\cftyclerk\CityClk\Ordmances\2002\Amending Code Sections 10 26 and 10 27 doc E Meeting Type Regular Meeting Date 08 20 02 4 r � AGENDA r z H ad. g Ordinance 2 d Public C O CITY Of� Hearing C CAPE CANAVERAL It m 7 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 12 2002 REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE SERVICES DEPT/DIVISION LEGISLATIVE Requested Action City Council review and comment on thus proposed ordinance to ask the voters for an increase of the existing 10 mill of dedicated police ad valorem tax for additional personnel and equipment Summary Explanation& Background The SheriTs Department recently presented City Council with a request for (4) additional positions and related equipment in the amount of$344 752 The proposed police service contract for the 2002/03FY is $1635 628 and includes (1) of the (4) requested positions The existing dedicated police ad valorem tax generates $490 016 in revenue and is not adequate to fund the additional positions requested I would recommend that City Council consider asking the voters for an additional 10 mill Please advise Exhibits Attached Ordinance No 12 2002 City M ger' OM Department LEGISLATIVE ORDINANCE NO 12 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA, SUBMITTING TO THE ELECTORS OF THE CITY A REFERENDUM QUESTION REGARDING THE MODIFICATION OF AN AD VALOREM TAX FOR POLICE SERVICES, ESTABLISHING THE DATE FOR THE PROPOSED REFERENDUM QUESTIONS, DIRECTING THE CITY CLERK TO ADVERTISE PROPOSED REFERENDUM QUESTION, REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE TO BE ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA, as follows SECTION 1 A Police Protection Referendum shall be submitted to the electors of the City of Cape Canaveral Florida at the November 5 2002 Municipal Election SECTION 2 The Police Protection Referendum shall consist of one referendum question stating the public purpose which shall be in the following form Police Protection Referendum Question Shall the City of Cape Canaveral Florida be authorized to increase the ad valorem tax dedicated to Police Protection by an increase not exceeding 1 mill on all real property located within the City of Cape Canaveral for additional law enforcement personnel and equipment beginning with the fiscal year commencing October 1 2003 the present millage rate for police ad valorem is 1 mill Yes No SECTION 3 The City Clerk shall advertise the proposed referendum question pursuant to Florida Statutes SECTION 4 Effective Date This ordinance shall take effect immediately upon its adoption City of Cape Canaveral Florida Ordinance 12 2002 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford, CITY ATTORNEY \\Cape nt\citycierk\CityClk\Ordinances\2002\Ad Valorem Police doc W W V U) WC 40Ou) 0U) 0 dZ W M CO 000) CO) Q J H H W 0 0 Z Z QQ 3 a W 0 0 0 0 W a 0 0 0 0 0 0 c a 19W 1i ooU) oLOLO o a a O V 0 in0 NLOtiO O r r r r N Q ; Z W J W O i W W W W iw > V W W 1 0 =O m WU) gg W ' > W a a z a z o o .. W :i a `� m :� �1 N O O N M O O N �n Anso � � U 4� cf) cn s:� a� v � .� o '� C U w Q �Enl N M N N � O v N � cri c�3 � o 4J � v c o 4 v a O v O\ A AIF N � >1 O V ct N lrj 4� O OCIO 0 FEW •w" cn wn WEEN c cld v ct Ct � WD v o p v v C', Zb A A A A -4-A O Q ct O o `o ON `t ct o ; o ct ct ct r••i Uct .—� ct V ct ct U A A A A � o fl"-� 1 7q:)� ;U-4 Cld ct cn cn a� > w cn Ct ;3 POO M u c cn c't 4� cn cn cc3 c� N O U 7� ct c[? I cn o cn O 4J N ct U ct u 4 H A A A A A A � O N 00 � U ct 00 O cn N N N � o F3 0 0 0 Ct 0 o ct uN O N cv o N N v A AA A � S A A ct A A A A A ct CJ U ct U Q) ct 4> 4J ct �, •~ C ct ct nMEMO ct U � .0 A A A A E Meeting Type Regular Meeting Date 08 20 02 �� � r a 3L v�,_ AGENDA H aai g Ordinance 2 a Public cm OF Hearing CAPE CANAVERAL It m 8 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 13 2002 AMENDING CHAPTER 38 ARTICLE 11 FIRE PREVENTION CODES DEPT/DIVISION FIRE DEPARTMENT/PUBLIC SAFETY Requested Action City Council consider at second reading Ordinance No 13 2002 amending Chapter 38 Article II Fire Prevention Codes as recommended by the fire chief Summary Explanation & Background The attached memo from the fire chief outlines the code changes needed to update this chapter I recommend approval Exhibits Attached Fire chief s memo of 02 27 02 Ordinance No 13 2002 Existing Code City M ge s Office — Department FIRE DEPARTMENT/PUBLIC SAFETY cape ydocum is i eeting\2002\08 20-02\13 2002 doc ORDINANCE NO 13 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA, AMENDING CHAPTER 38 ARTICLE 11, FIRE PREVENTION CODES OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA BY ADOPTING FLORIDA STATUTE 633 025, THE FLORIDA FIRE PREVENTION CODE AND THE LIFE SAFETY CODE BY REFERENCE RENAMING THE CODE REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Cape Canaveral has made every effort to update the Cape Canaveral Code of Ordinances to comply with all state laws applicable therein WHEREAS The Florida Legislature has modified Florida Statutes Chapter633 Fire Prevention and Control WHEREAS Cape Canaveral Code of Ordinances §38 Article II as proposed complies with the current mandates provided in Florida Statutes Chapter 633 as amended THEREFORE BE IT ORDAINED by the City Council of the City of Cape Canaveral Brevard County Flonda as follows SECTION 1 Chapter 38 Article ll Fire Prevention Codes is hereby amended by repealing Section 38 26 National Fire Prevention Code adopted in its entirety renaming and replacing same with the following Sec 38 26 Flonda Fire Prevention Code adopted The Florida Fire Prevention Code and the Life Safety Code adopted by the State Fire Marshall Florida Statute 633 025 (1) Minimum firesafety standards is adopted by reference as though it were copied in this article in full SECTION 2 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 28 Life Safety Code Adopted, in its entirety and replacing same with the following Sec 38 28 Life Safety Code Adopted The Life Safety Code adopted by the State Fire Marshall Florida Statute 633 025 (3) is adopted by reference as though it were copied in this article in full SECTION 3 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Sec 38 30 in its entirety Standard Fire Prevention Code Adopted SECTION 4 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 33 (3) Private entry gates, in its entirety and replacing same with the following City of Cape Canaveral Florida Ordinance No 13 2002 Page 2 Sec 38 33 (3) Private entry gates Private entry gates shall provide for access by non emergency fire department vehicles by use of a knox switch SECTION 5 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 56 in its entirety SECTION 6 Any ordinance or parts of an ordinance in conflict herewith are repealed SECTION 7 If any section paragraph phrase or word 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 8 This Ordinance shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford, CITY ATTORNEY CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC Sffmg the city of Coe Canaveral&Canaveral Port Authority MEMORANDUM To Bennett Boucher City Manager From David J Sargeant Fire Chief , Date 27Feb2002 RE Update of Fire Prevention Ordinance As per our conversation we need to clean up sections of our fire prevention ordinance The following needs to be amended 1 Section 38 26 should be titled Florida Fire Prevention Code 2 Section 38 26 should read As adopted by Florida State Statute 633 025 (1) Minimum Fire Safety Standards 3 Section 38 26 should read The most current edition of NFPA 101 Life Safety Code Adopted by the State Fire Marshal per Florida State Statute 633 025 (3) 4 Section 38 30 should be deleted 5 Section 38 33 (3) should be amended to read Non emergency fire department entry shall be provided with a knox switch 6 38 56 should be deleted 7 38 57 should be amended to read as the referendum of 1985 In reference to Article IV Fireworks I believe you Commander McGee the City Attorney and I should sit down and review this together and look at its legality and possible upgrades Should you have any questions please feel free to contact me Thank you for your attention to this matter and your continued support Stition 1 190 JA( KSON AVENUr • ( APh ( ANAVERAI I I ORIDA 32920 • (321) 783 4777 • 1 AX (321) 783 ')398 Y iron;0 8970( 01 1 JNIBIA ROAD 9 ( APS ( ANAV1 RAI I I ORIDA 32920 * (321) 783 4424 9 1 AX (321) 783 4857 ORDINANCE NO 13 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 38, ARTICLE II, FIRE PREVENTION CODES, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING FLORIDA STATUE 633 025, THE FLORIDA FIRE PREVENTION CODE AND THE LIFE SAFETY CODE, BY REFERENCE,RENAMING THE CODE,REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH,PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City of Cape Canaveral has made every effort to update the Cape Canaveral Code of Ordinances to comply with all state laws applicable therein WHEREAS, The Florida Legislature has modified Florida Statutes Chapter 633 Fire Prevention and Control WHEREAS Cape Canaveral Code of Ordinances §38 Article I1 as proposed complies with the current mandates provided in Florida Statutes Chapter 633 as amended THEREFORE BE IT ORDAINED by the City Council of the City of Cape Canaveral Brevard County Florida as follows SECTION 1 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 26 National Fire Prevention Code adopted in its entirety renaming and replacing same with the following Sec 38 26 Florida Fire Prevention Code adopted The Florida Fire Prevention Code and the Life Safety Code adopted by the State Fire Marshall Florida Statute 633 025 (1) Minimum firesafety standards is adopted by reference as though it were copied in this article in full SECTION 2 Chapter 38 Article 1I Fire Prevention Codes is hereby amended by repealing Section 38 28 Life Safety Code Adopted, in its entirety and replacing same with the following Ordinance No 13 2002 page 2 Sec 38 28 Life Safety Code Adopted The Life Safety Code adopted by the State Fire Marshall Florida Statute 633 025 (3) is adopted by reference as though it were copied in this article in full SECTION 3 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Sec 38 30 in its entirety Standard Fire Prevention Code Adopted SECTION 4 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 33 (3) Private entry gates, in its entirety and replacing same with the following Sec 38 33 (3) Private entry gates Private entry gates shall provide for access by non emergency fire department vehicles by use of a knox switch SECTION 5 Chapter 38 Article II Fire Prevention Codes is hereby amended by repealing Section 38 56 in its entirety SECTION 6 Any ordinance or parts of an ordinance in conflict herewith are repealed SECTION 7 If any section paragraph phrase or word 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 8 This Ordinance shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this _____ day of 2002 Ordinance No 13 2002 page 3 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos ------- --------- Approved as to Form Rocky Randels ------- --------- Richard Treverton ------- --------- ------------------------------- Charle5 Crawford CITY ATTORNEY Larry Weber _______ _________ §38 8 CAPE CANAVERAL CODE Secs 38-8--38-25 Reserved Sec 3830 Standard Fire Prevention Code-- Adopted The Standard Fire Prevention Code 1994 edi ARTICLE H FIRE PREVENTION CODES* tion published by the Southern Building Code Congress International Inc is adopted by refer ence as though it were copied in this article in Sec 38 26 National Fire Prevention Code— full Adopted (Code 1981 §62101 Ord No 14 92 § 1 8 18 92 Ord No 17 93 § 1(621 01) 6 15 93 Ord No The Fire Prevention Code 1991 edition pub 25 95 § 2 9 19 95) fished by the National Fire Protection Associa Cross references—Building code §82 31 et seq electn tion is adopted by reference as though it were cal code §82 116 et seq copied fully in this article Sec 38-31 Same—Administrative authority (Code 1981 § 629 01) or official Cross reference—Building code §82 31 et seq Whenever the term administrative authority or official is used in the code adopted in section Sec 38 27 Same—Inspector 38 30 it shall be construed to mean the fire chief of the city or his or her authorized representative Whenever the term authority having junsdic (Code 1981 §62102 Ord No 24 96 § 1 12 3 96) tion or official is used In the code adopted in section 38 26 it shall be construed to mean the Sec 38 32 Lockbozes required fire inspector of the city or his authorized repre (a) Lockboxes are required on structures that sentative are required to have fire department alarm sys (Code 1981 § 629 03) tems and on multi family residences having en closed common areas to which the fire depart Sec 38 28 Life Safety Code—Adopted ment in an emergency may need to gain access The public safety keybox system shall contain The Life Safety Code 1994 edition published keys for elevator return and door opening eleva by the National Fire Protection Association is for rooms fire alarm box room electrical rooms adopted by reference as though it were copied in and any other keys necessary for the fire depart this article in full ment to gam access to common areas or through (Code 1981 § 626 01 Ord No 12 94 § 1(626 01) common areas to individual units The keybox 4594 Ord No 2595 § 1 9 19 95) system shall not require keys of individual units Cross references—Unsafe building abatement code § (b) The keybox system may be surface mounted 82 56 et seq housing code §82 271 et seq or flush mounted in an easily accessible location and the fire department shall maintain posses Sec 38 29 Same—Fire inspector Sion of the only key If locks are changed in any of the rooms mentioned in subsection (a) of this Whenever the term authority having junsdic section the fire department shall be notified tion or official is used in the code adopted in Immediately All keybox systems must be ap- section 38 28 It shall be construed to mean the proved by the fire chief fire inspector of the city or Its authorized repre (Code 1981 § 621 03) sentative as outlined in Florida Statutes Sec 38 33 Private entry gates (Code 1981 § 626 03 Ord No 12 94 § 2(626 03) 4 5 94) Private entry gates shall be permitted within the city as long as they meet the following Cross reference—Code enforcement §2 246 et seq State law references-,Mandatory uniform fire safety (1) The gates do not Interfere with the 20 feet standards F S §633 022 minimum fire safety standards F S of unobstructed access which is required § 633 025 under the Fire Prevention Code Supp No 4 CD38 6 FIRE PREVENTION AND PROTECTION §38 55 (2) The private entry gates shall be siren activated for emergency vehicles (3) Private entry gates shall provide for ac cess by public vehicles during nonemergency operations (40 Private entry gates shall provide for emer gency vehicle access during periods of power outages without delay Private en try gates shall open when power fails and remain open until power is restored (Ord No 12 96 § 1 8 6 96) Sec 38 34 Conformance All private gates erected within the city limits shall conform to this chapter Every private entry gate lawfully permitted at the time of the adop tion of this chapter which violates or does not conform to this chapter shall be removed or altered or replaced so as to conform with this chapter within one year from the effective date of Ordinance Number 12 96 (Ord No 12 96 § 2 8 6 96) Secs 38 35-38 55 Reserved Supp No 4 CD38 6 1 E Meeting Type Regular Meeting Date 08 20 02 I AGENDA ~z II adingOrdinance 2 a Public OF CITY CrrY Hearing O CAPE CANAVERAL It m 9 N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 14 2002 AMENDING CODE SECTION 98 114(0) STREETS ROADS &ALLEYS DEPT/DIVISION P&Z/GROWTH MANAGEMENT Requested Action City Council consider at second reading Ordinance No 14 2002 amending Code Section 98 114(0) Streets Roads and Alleys Summary Explanation& Background This is an item Council Member Morgan had requested The P&Z Board reviewed and the proposed ordinance is the Board s recommendation. Exhibits Attached Ordinance No 14 2002 existing code City Maes Office .�..--� Depanrtment P&Z/GROWTH MANAGEMENT tm\mydoc ents\t to ncll\meet ng\2002\08 20-02\14 2002 doc ORDINANCE NO 14 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AMENDING CODE SECTION 98 114(0) Streets, Roads and Alleys Generally, BY DELETING THE 500 FOOT LENGTH LIMITATION FOR DEAD END STREETS AND CULS DE SAC, PROVIDING FOR SEVERABILITY PROVIDING FOR REPEAL OF CONFLICTING ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS The City of Cape Canaveral has made every effort to update the Cape Canaveral Code of Ordinances to comply with all state laws applicable therein WHEREAS, The Florida Legislature has modified Florida Statutes Chapter 633 Fire Prevention and Control WHEREAS Cape Canaveral Code of Ordinances§98 114(0)as proposed complies with the current mandates provided in Florida Statutes Chapter 633 as amended THEREFORE BE IT ORDAINED by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Section 98 114(0) Streets, Roads and Alleys Generally is hereby amended follows The City hereby adopts by reference Florida Statute Section 633 025 relating to the construction of streets roads and alleys The City shall enforce the Florida Fire Prevention Code and the Life Safety Code as the minimum firesafety code as required by the above listed statute City of Cape Canaveral Florida Ordinance No 14 2002 Page 2 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 ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford CITY ATTORNEY \\Cape nt\cityclerk\CityClk\Ordinances\Ord 98 114(o) Streetalleys2 doc ORDINANCE NO 14 2002 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 98 114(o), Streets, Roads and Alleys — Generally BY DELETING THE 500 FOOT LENGTH LIMITATION FOR DEAD END STREETS AND CUL DE SACS PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Cape Canaveral has made every effort to update the Cape Canaveral Code of Ordinances to comply with all state laws applicable therein and WHEREAS the Florida Legislature has modified Florida Statutes Chapter 633 Fire Prevention and Control and WHEREAS the Cape Canaveral Code of Ordinances §98-114(o) as proposed complies with the current mandates provided in Florida Statutes Chapter 633 as amended THEREFORE, BE IT ORDAINED by the City Council of Cape Canaveral Brevard County Florida as follows SECTION 1 Section 98 114(o) Streets Roads and Alleys — Generally is hereby amended to delete the 500-foot length limitation for dead end streets and cul-de sacs as follows Dead-end streets and GUI de saGs designed to be so permanently shall not be longer than 500 feet evnent on fingers and in excess of 150 feet shall be provided at the closed end with a T oF Y turnarou having an outside roadway "limon a minimum centerline radius of at least 89 50 feet and a street property line diameter of at least 100 feet or when acceptable to the authority having jurisdiction, T or Y turn around arrangements other than a cul de-sac shall be permitted to be used 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 City of Cape Canaveral Florida Ordinance No 14 2002 Page 2 SECTION 4 Effective Date This Ordinance shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Jim Morgan Susan Stills CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM Larry Weber Charles Crawford CITY ATTORNEY \\Cape-nt\cftycierk\CdyClk\Ordinances\500 Foot Length Limitation doc § 98 114 CAPE CANAVERAL CODE proposed uses of the land to be served by such (i) A tangent at least 100 feet long shall be in streets troduced between reverse curves on arterial and collector streets (c) Where such is not shown in the comprehen sive plan the arrangement of streets in subdivn �) When connecting street lines deflect from snons shall either each other at any one point by more than ten degrees they shall be connected by a curve with a (1) Provide for the continuation or projection radius adequate to ensure a sight distance of not of existing principal streets in surrounding less than 75 feet for minor and collector streets areas or and of such greater radii as the board shall deter mine for special cases (2) Conform to a plan for the neighborhood ap (k) Streets shall be laid out so as to intersect as proved or adopted by the planning and nearly as possible at right angles and no street zoning board to meet a particular situation shall intersect any other street at less than 60 where topographical or other conditions degrees make continuance or conformance to ex fisting streets impracticable (1) Property lines at street intersections shall be rounded with a radius of 25 feet or of a greater (d) Minor streets shall be so laid out that their radius where the board may deem necessary The use by through traffic will be discouraged board may permit comparable cutoffs or chords in place of rounded curves (e) Where a subdivision abuts or contains an (m) Street right of way widths shall be as shown existing or proposed arterial street the city may in the comprehensive plan and where not shown require marginal access streets reverse frontage therein shall be not less than as shown on the with screen planting that will reach six feet in following tabulation height in 12 months contained in a nonaccess res ervation along the real property line 20 feet of Right of Way additional lot depth with rear service alleys or Street Type in Feet such other treatment as may be necessary for ad equate protection of residential properties and to Arterial 100 afford separation of through and local traffic Collector 60 Minor for row houses and (f) Where a subdivision borders on or contains apartments 60 a railroad right of way or limited access highway Minor for other residences 60 right of way the city may require a street approx Marginal access 50 nmately parallel to and on each side of such right (n) Half streets shall be prohibited except where of way at a distance suitable for the appropriate essential to the reasonable development of the sub use of the intervening land as for park purposes division in conformity with the other require in residential districts or for commercial or in ments of this chapter and where the city finds it dustrial purposes in appropriate districts Such will be practicable to require the dedication of the distances shall also be determined with due re other half when the adjoining property is subdi gard for the requirements of approach grades and vnded Whenever a half street is adjacent to a tract future grade separations to be subdivided the other half of the street shall (g) Reserve strips controlling access to streets be platted within such tract shall be prohibited except where their control 1sLfeet Dead end streets and culs de sac designed definitely placed in the city under conditions apo permanently shall not be longer than 500 proved by the board xcept on fingers and shall be provided at osed end with a turnaround having an out th) Street dogs with centerline offsets of lessoadway diameter of at least 80 feet and a than 125 feet shall be avoided property line diameter of at least 100 feet CD98 22 E Meeting Type Regular Meeting Date 08 20 02 r � �e- AGENDA H adntg Discussion 10 CITY OF CAPE CANAYEFIAL It m N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION WASTEWATER REHABILITATION PROJECT STATUS REPORT DEPT/DIVISION WWTP/PUBLIC WORKS Requested Action A representative from Brown and Caldwell will provide a status report of the wastewater rehabilitation project Summary Explanation& Background On 04 16 02 City Council approved a design build proposal from Brown&Caldwell in the amount of$112 000 Exhibits Attached N/A City Maer Office; Department WWTP/PUBLIC WORKS cape ydocu n� it eetmg\2002\08 20-02\browncaldwell doc