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HomeMy WebLinkAboutPacket 12-17-2002;1ty of Cape Canaveral VCIL REGULAR MEETING ITY HALL ANNEX nue, Cape Canaveral Flonda TUESDAY ;cember 17 2002 700 PM AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PRESENTATIONS Holiday Beautification Award Winners Blarney 67 — SR Al A Beautification Project Proposal CONSENT AGENDA 1 City Council Regular Meeting Minutes of December 3 2002 2 Resolution No 2002 50 Appointing an Alternate Member to the Code Enforcement Board (L Holfve) ORDINANCES Second Public Heann4 3 Motion to Adopt Ordinance No 18 2002 Amending Code Sections 110-46 110-62 and 110 137 Notice Procedures for Special Exceptions and Variances 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 December 17 2002 Page 2 RESOLUTIONS 4 Motion to Adopt Resolution No 2002 51 Amending the Commercial Sewer Rates Providing for a Six -Month Evaluation Period DISCUSSION 5 Adopt A Median Program REPORTS 1 City Manager 2 Staff 3 City Council 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 Clerks office (868-1221) 48 hours in advance of the meeting V Meeting Type Regular Meeting Date 12 17 02 ell A � y4 �r CITY OF CAPE CANAVERAL AGENDA Heath g Presentations It m Exhibits Attached N City Mana Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT PRESENTATION HOLIDAY BEAUTIFICATION AWARD WINNERS DEPT /DIVISION BEAUTIFICATION BOARD Requested Action The Beautification Board will present the Holiday Beautification Award Winners Summary Explanation & Background The Beautification Board will meet on 12 13 02 to select the winners Exhibits Attached N/A City Mana Office Department BEAUTIFICATION BOARD cape im\myd cumen min\council\meeting\2002\12-17-02\bbawards doc Meeting Type Regular 5 `� Meeting Date 12 17 02 r c AGENDA 1 — .c Al .1 H adi g r CRY OF It m CAPE CAHAVEFiAL N AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DEPT /DIVISION PRESENTATION PROPOSAL LEGISLATIVE BLARNEY 67 SR AIA BEAUTIFICATION PROJECT Requested Action City Council review and comment on Blarney 67 s SR AIA Beautification Project Proposal as presented by representatives of Blarney 67 Summary Explanation & Background The proposed project includes sidewalks drainage improvements and landscaping in consideration of a new ground sign for Fanrvnlla Megastore Blarney 67 has provided for City Council s review the landscaping plan, signage plan, site plan and a CD containing a power point presentation. If City Council concurs with the proposal, Blarney 67 would have to obtain Community Appearance Board approval for their sign before a formal agreement can be considered by City Council Exhibits Attached t Hard copies of proposed plans placed in mailboxes City Ma is Office Department LEGISLATIVE -nt\kim\m oc admin\council\meeting\2002\12-17-02\blarney67 doc Dec 05 02 04 31p Robert L Beals PR 321 733 4403 p 2 ROBERT L BEALS, P A ATTORNEY AT LAW 201 NORTH RIVERSIDE DRIVE SUITE B L I INDIALANTIC FL 32903 A lb EL (32 33 7999 FAX (32 1 ) 733 4403 Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 Re Blarney 67 Inc Dear Bennett December 5 2002 Pursuant to the meeting held on December 3 2002 I would like to request an opportunity to make a presentation to the Council On behalf of Blarney 67 Inc I will present a landscaping and drainage plan, and request that we be placed on the agenda for the 17' We will have materials to you in advance of noon on December 10 2002 in connection with this request Very truly yours, k bent Beals RLB la cc Blarney 67 Inc Attn Glenn Dully Bussen-Mayer Engineering Group Attn Scott Ntckle cvq�w�.uc�n»...eao.a .a�N.00w..�a�ur�r.,r Signed in Mr Beals absence to avoid delay m sending CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue Cape Canaveral, Florida TUESDAY December 3 2002 700 PM MINUTES CALL TO ORDER ROLL CALL Council Members Present Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Robert Hoog Others Present Bennett Boucher City Manager Anthony Garganese City Attorney Susan Stills City Clerk Andrea Bowers City Treasurer Ed Gardulski Public Works Director BOARD MEMBER INTERVIEW A motion was made by Mr Morgan and seconded by Mr Treverton for an add-on item for the City Attorney to interview Mr Lars Holfve for the Code Enforcement Board The vote on the motion carried 5 0 with voting as follows Mr Hoog For, Mr Morgan For Mayor Pro Tem Petsos For Mayor Randels, For and Mr Treverton, For Lars Holfve of 350 Taylor Avenue introduced himself and stated that he has been a resident for four and one half years He also stated his qualifications as a State Certified Contractor State Certified Roofing Inspector and Condominium Association Management licensee He has made civic efforts with the Chamber of Commerce and the Kiwanis Club Mr Holfve responded to Attorney Garganese that he is not a registered voter and he does not hold any public office Mr Holfve holds no contracts with the City nor does he have any relatives working for the City Mr Holfve stated that he did not have any problem with imposing a fine however he would excuse himself if a conflict of interest should exist on imposing a fine on a fellow businessperson Mayor Randels replied to Mr Hoog that the position is an alternate one Mr Hoog stated that City of Cape Canaveral Florida City Council Regular Meeting December 3 2002 Page 2 he worked with Mr Holve for seven or eight years and expressed that he would be an asset to the Board Mr Holve responded to Mr Treverton s question on why he chose the Board in that the Code Enforcement Board had a vacancy in his general area of interest Mr Morgan said that he would be an excellent choice for the Construction Board of Adjustments Attorney Garganese advised that Mr Holve could not serve on two quasi judicial Boards Mayor Pro Tem Petsos said that he encouraged code board cases to come into compliance prior to the fining procedure Mr Holfve agreed and said that he too would like to see cases come into compliance and stated that fining is a compelling measure Attorney Garganese replied to Mayor Pro Tem Petsos that Florida Statutes requires residency and not registered voter status to serve on the Code board The statutes also state that the Board composition includes a general contractor subcontractor or businessperson and Mr Holfve fits those requirements Mayor Randels stated the next step in the process is to place a resolution on the next City Council meeting Consent Agenda on December 17th CONSENT AGENDA Mayor Randels asked if any Council member staff member or interested party desired to remove an item from the consent agenda for discussion No request was made to remove an item from the Consent Agenda for discussion 1 City Council Regular Meeting Minutes of November 19 2002 2 Resolution No 2002-48 Appointing an Alternate Member to the Planning and Zoning Board (W Schoenfeld) 3 Approval of Employee Christmas Bonuses 4 Approval of Outdoor Entertainment Permit for 7"' Annual Reindeer 5K RunNValk For United Way of Brevard County A motion was made by Mayor Pro Tem Petsos and seconded by Mr Hoog to approve Consent Agenda Items No 1 through 4 The vote on the motion carred 5-0 with voting as follows Mr Hoog For Mr Morgan, For, Mayor Pro Tem Petsos For Mayor Randels, For, and Mr Treverton For ORDINANCES First Public Hearing 5 Ordinance No 18 2002, Amending Code Sections 110-46 110 62 and 110 137 Notice Procedures for Special Exceptions and Variances for second reading Mayor Randels read Ordinance No 18-2002 by title City of Cape Canaveral Florida City Council Regular Meeting December 3 2002 Page 3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL FLORIDA AMENDING CODE SECTIONS 110 46 110-62 AND 110 137 PROVIDING FOR NOTICE TO AFFECTED PROPERTY OWNERS IN LAND USE MATTERS ESTABLISHING PROCEDURES TO PROVIDE NOTICE PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS PROVIDING FOR INCORPORATION INTO THE CODE PROVIDING FOR SEVRABILITY AND PROVIDING FOR AN EFFECTIVE DATE Mayor Pro Tem Petsos Inquired about the 15 day notice requirement referred to on Page 33 Section 2a Subparagraph (3) He asked if 15 days was enough time prior to the meeting for staff to notify affected property owners? Mr Boucher responded that the length of the property owner's list would dictate staffs time Mr Morgan stated that the time might need to be extended to 30 -days Attorney Garganese replied that If the Council directs 30 days notice for special exceptions the same provision would be made for variances and zoning changes Attorney Garganese made one point of clarification in that the notice under Subparagraph 6 Is to the Board of Adjustment The ordinance Is proposing 15 -days for the Planning and Zoning Board when they make recommendation to the Board of Adjustment and property owners names must be provided Attorney Garganese stated that there is another requirement that the Board of Adjustment hearing cannot occur unless Public Notice Is given 15 -days In advance of the meeting and notice is given through legal advertising Mayor Pro Tem Petsos suggested 30 -days for the Planning and Zoning Board and 15 days for the Board of Adjustment Mayor Randels summarized the change In Section 110-46 as 30 days versus 15 days notice prior to the Planning and Zoning Board meeting and Section 110-82 for the board of Adjustment to remain as -is A motion was made by Mr Hoog and seconded by Mr Morgan to approve Ordinance No 18 2002 for second reading The approval was considered as motioned with the changes discussed The vote on the motion carred 5-0 with voting as follows Mr Hoog For Mr Morgan, For, Mayor Pro Tem Petsos For and Mr Treverton, For RESOLUTIONS 6 Resolution No 2002-49, Addendum to the Sheriff's Contract for Additional Personnel and Equipment Ms Deborah Barker Finance Director for the Brevard County Sheriff s Office came before the Council for any questions on the amended budget submittal that Includes an additional K-9 position and an Agent/Sergeant The original budget included one grant deputy and the amended budget would include two additional positions Ms Barker stated that when the presentation was done the Public Service Aide [PSA] was presented as a civilian position used In order to alleviate paperwork on the deputies Ms Barker stated that the City questioned the use of the PSA for Code Enforcement duties and the position might need to be deferred until a fob description could be formalized for review Lt Gary Young stated that a PSA is a good position to train a future deputy The person is trained in how to write police reports and crime scene processing This position is a civilian non high hazard person who works at a lower rate of pay than a deputy but who Is Interested In law enforcement Mr Treverton asked about the pay rate Ms Barker replied $9 28 per hour City of Cape Canaveral Florida City Council Regular Meeting December 3 2002 Page 4 Mr Morgan asked if the position was in house or a field position? Lt Young replied that the PSA could work in the field but performs duties in a supervised setting Ms Barker replied to Mayor Randels that without the PSA there Is a difference of $198 000 in the approved budget Mr Boucher stated that the costs in the addendum reflect the PSA Mayor Pro Tem Petsos said that he chose to see a breakdown on the K 9 in an effort to ensure that Cape View Elementary School receives recognition for the fundralser done to obtain the K 9 dog Mayor Pro Tem Petsos also inquired if the fob description differences could be worked out in order to acquire a PSA Mr Boucher stated that Lt Young needed to review the code enforcement tasks with his chain -of -command Council agreed that a PSA position was a needed one Lt Young responded to Mayor Pro Tem Petsos that the Port did not choose to use a non sworn person in that the Port is required to comply with Federal seaport standards Lt Young replied to Mr Hoog that PSA s are not used in hazardous situations Lt Young responded to Mr Morgan that PSA s do not wear a badge or carry a weapon Lt Young responded to Mr Treverton that the probationary period is for one full year with quarterly evaluations Mayor Randels pointed out the City is increasing to two deputies over last year Ms Barker stated that the three positions are one road patrol deputy one Agent/Sergeant and one K-9 person and she also mentioned that the K 9 position does not count the dog Mr Boucher clarified that funds would be appropriated from the General Fund reserve to accommodate this request He also said that one half mill is committed from the one mill approved in the referendum Mr Hoog inquired about the function of the K 9 Lt Young replied narcotics prevention also as a patrol dog Mayor Randels read Resolution No 2002-49 by title A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL FLORIDA AND PHILIP B WILLIAMS AS SHERIFF OF BREVARD COUNTY PROVIDING FOR AN EFFECTIVE DATE Mr Nicholas asked why a PSA was considered to take over the functions of the Code Enforcement Officer Mr Boucher replied that some components of Code Enforcement such as Vehicle Identification are relative to the PSA Mr Nicholas inquired about a person not focused on City code stating that the person would not have the knowledge of a City employee Mr Petre concurred that a PSA s training is relative to law enforcement Mayor Randels summarized that the Council has not expressed a consensus on using a PSA for code duties A motion was made by Mayor pro Tem Petsos and seconded by Mr Morgan to approve Resolution No 2002-49 The vote on the motion carred 5-0 with voting as follows Mr Hoog For, Mr Morgan For Mayor Pro Tem Petsos For, Mayor Randels For and Mr Treverton For City of Cape Canaveral Florida City Council Regular Meeting December 3 2002 Page 5 CONSIDERATIONS 7 Cooperative Purchase of Beach End Landscaping with Vila and Son Landscaping, Inc in the Amount of $40,472 Mr Gardulski replied to Mayor Randels that he negotiated pricing with the contractor and he reduced the number of three -gallon pots and increased the number of one -gallon pots to reduce costs Mayor Pro Tem Petsos expressed concern with the $7 000 price decrease and also expressed that he desired pricing from another contractor Mr Gardulski responded to Mr Hoog that this is a cooperative purchase with Seminole County who is performing the Al project Mayor Pro Tem Petsos stated that some of the beach ends did not appear to get palms He expressed that in the future he would like to see the City go out for bid in order to get the best cost to which Mr Morgan concurred Ms Judy Hale said that following the Board s review her impression was that the beach ends would be somewhat uniform and include the palms Ms Hale affirmed to Mr Hoog that the Board members were privy to the landscape planning for the beach ends Mr Treverton asked how much directional planning would the contractor receive? Mr Gardulski stated that the Public Works Supervisor would assist with the actual planting concept Mr Hoog expressed concern with the omission of palm trees on three streets Mr Gardulski stated that the intent was to salvage some of the existing landscaping A motion was made by Mr Morgan and seconded by Mr Treverton to Approve the Cooperative Purchase of the Beach End Landscaping with Vila and Son Landscaping Inc in the amount of $40 472 The vote on the motion carried 5-0 with voting as follows Mr Hoog For, Mr Morgan, For, Mayor Pro Tem Petsos, For Mayor Randels, For, and Mr Treverton, For 8 Review and Approval of the City Hall Complex Landscaping Pian Mayor Randels summarized that if the Council concurred with the City Hall Complex Landscape Plan the project would then proceed to the bid process Mr Nicholas stated the Board s recommendation to perform the project in phases Mayor Randels asked if the bid documents could be written in phases Mr Gardulski replied that the tabulation sheet could be written in sections or phases He stated that he could reduce some of the cost for this project by connecting it to the Al project Ms Hale expressed the Beautification Board s rationale in performing the project in phases in that the project could begin and not wait for installation of the model shuttle Mr Hoog inquired about the $30 000 budgeted from the Al A project that Mr Gardulski planned to apply to the City Hall project? Mr Gardulski stated that the grant is for $50 000 and a total of $80 000 is available Mayor Pro Tem Petsos expressed his difficulty with spending $72 000 for such a small project Mayor Pro Tem Petsos also expressed to make Mr Bennix aware of this project since he gave the donation He also stated that the taxpayers should realize that this money is from donation and not taxpayer revenue Mr Gardulski concluded that the bid documents would specify how to implement the landscape plan City of Cape Canaveral Florida City Council Regular Meeting December 3 2002 Page 6 A motion was made by Mr Morgan and seconded by Mr Treverton to Approve the City Hall Complex Landscaping Plan for the Bid Process as modified by the Beautification Board and the City Reserving the Right to Award All or Part of the Bid The vote on the motion carried 5 0 with voting as follows Mr Hoog For Mr Morgan For, Mayor Pro Tem Petsos For, Mayor Randels, For, and Mr Treverton, For 9 Review and Approval of the Annual Evaluation of the City Manager Mayor Randels provided background information in that the Council Members met with the City Manager individually in order to derive a consensus on his performance evaluation Mr Treverton opened discussion and asked when the last time the City Manager received a raise Mr Boucher responded that he received a 1 6 percent Cost of Living Increase and his last merit increase was on March 20 2001 Attorney Garganese stated that Mr Boucher has a contractual arrangement with the Council to receive an annual performance evaluation Council members discussed a factoring process in order to award Mr Boucher a merit increase Mayor Randels stated that in looking at other cities of comparative population Mr Boucher appears to be underpaid Mr Morgan suggested a $2 300 raise or three percent increase Council members discussed an amount for a raise Mr Hoog expressed that Mr Boucher has done a good fob for the City and concurred with a three percent increase Mr Treverton expressed a four percent increase Mayor Randels expressed that he and Mr Boucher had met and stated that he submitted a tough grade on Mr Boucher s performance Mayor Randels also agreed with a three percent increase Mr Morgan expressed that he would like to get the entry level employees pay grades raised Mr Boucher thanked the Council for their feedback their monetary consideration and stated that working together would continue to achieve the community accomplishments A motion was made by Mr Morgan and seconded by Mayor Randels to Approve a Three Percent Ment Increase for the City Manager, Bennett Boucher The vote on the motion carred 5 0 with voting as follows Mr Hoog For Mr Morgan For Mayor Pro Tem Petsos, For, Mayor Randels For, and Mr Treverton, For DISCUSSION 10 City Code Section 14 58 Beach Activities Mayor Randels provided background and reiterated that the Council on March 19 2001 reviewed the ordinance and he read what Chief Sargeant stated at that time There are provisions for cooking fires in approved containers but no ordinance barring bonfires At present the Council did not desire bonfires on the beach Chief Sargeant stated that Florida Statutes 633 does allow for permitted bonfires and unpermitted cooking fires on the beach He stated that Statute 633 adopts the National Fire Protection Act [NFPA] One which stated that the authority having jurisdiction shall have the authority to issue permit for the following operation within the jurisdiction and cooking fires are the only exception City of Cape Canaveral Florida City Council Regular Meeting December 3 2002 Page 7 Chief Sargeant explained that in Section 34 1 of NFPA One cooking fires within an approved container are exempt from permits Chief Sargeant stated that the statute does allow for a bonfire with a permit Chief Sargeant replied to Mr Morgan that anything other than a cooking fire is a bonfire Attorney Garganese stated that NFPA One adopts minimum standards however the Council can adopt more stringent requirements than the minimum requirements however a public hearing process is needed Chief Sargeant stated that allowing for a public safety standard might be the approach for the Council to consider instead of using fire safety as a standard to prohibit bonfires on the beach Chief Sargeant explained that the permitting fee includes preventative measures but clean up is still an issue for public safety Mayor Randels summarized that if the Council chose to ban bonfires it could be authorized as nuisance abatement Chief Sargeant stated that the City needs an ordinance on bonfires if Council still desires to prohibit The City Manager and City Attorney were instructed to draft an ordinance on the Council s desire to prohibit bonfires on the beach Mr Gene Petre expressed on a final note that cleanup after a bonfire creates a nuisance situation 11 City Park Basketball Court Configuration Mayor Pro Tem Petsos stated that he previously preferred a full court but after speaking to Ms Hanson he saw the overall benefit of a half -court configuration Ms Hanson stated her need to proceed in order to comply with grant funding and she recommended a half - court configuration The consensus of the Council was a half -court basketball court configuration 12 Sewer Rates Mayor Randels provided background on this discussion item and stated that the Burton and Associates consultant reviewed projected revenue for the years 2001 2002 and 2003 The consultant was within $7 600 of the actual $2 million budgeted operating income and the consultant was within $1600 of the $144 000 of projected interest for the year 2001 As a total for the year 2001 the consultant was within $6 060 for the year 2002 he was closer yet on the projected operating income versus anticipated income and within $5 000 The consultant evaluated high on the interest income however interest rates decreased and therefore the City was $42 000 under his estimate For fiscal year 2003 the projection is $18 890 loss over the projected operating income Mayor Randels concluded that $16 000 is the appropriation for another study Mr Boucher replied that there are a few issues to discuss such as a three percent rate increase and commercial billing that is billed as the percent of the water bill He stated that operating expenses and debt service are components of a comprehensive rate model that includes the growth due to construction Mr Boucher expressed acting prudently with the sewer utility He said that sewer rate consultant worked toward a balanced implementation Mr Boucher stated that the rate study modeling has a cause effect if any portion is changed Ms Bowers stated that Mr Burton based the rates on what was projected in the rate model Mr Morgan stated that he would like to deter a rate increase City of Cape Canaveral Florida City Council Regular Meeting December 3 2002 Page 8 until March Ms Bowers cautioned that if a rate change is considered then a new rate study is recommended Mr Hoog expressed that commercial properties are paying up to at least 400 percent over the water bill that is substantially more in sewer fees over residential properties Mr Morgan suggested a usage threshold for commercial property such as that that is given to residential property Mr Boucher explained that the commercial and residential rates are billed separately Mr Boucher then proposed a resolution to freeze the commercial rates at the existing rate pending the decision of a rate study within six months Attorney Garganese read the current rate structure under the existing resolution as commercial sewer is 435 percent of the Cocoa water bill effective 2003 it will increase to 448 percent in 2004 461 percent and in 2005 475 percent of the Cocoa water bill A motion was made by Mr Treverton and seconded by Mayor Pro Tem Petsos to continue the meeting until 10 30 P M The vote on the motion carved 5 0 with voting as follows Mr Hoog, For, Mr Morgan, For, Mayor Pro Tem Petsos, For, and Mr Treverton For REPORTS City Manager • Mr Boucher reported that the City Attorney submitted a white paper on Club Lido Mayor Pro Tem Petsos stated his concern of which establishment existed first the church or the club Attorney Garganese stated that the church clearly was established first and the club is proposing expansion to Lots 1 2 and 3 At this time the club operates under a non conforming use under the County s code and if the club abandons alcohol use for more than 180 days then the alcohol use is abandoned Attorney Garganese stated that not only is the club attempting non conforming status conforming in perpetuity the club plans to expand to Lots 1 2 and 3 Mr Boucher inquired if staff presence was necessary however Council declined the offer • Mr Boucher distributed the resolution on reuse previously drafted for consideration by the Cocoa Beach Commission He asked if Council desired to resubmit the resolution in light of a new Commission Mr Morgan and Mayor Pro Tem Petsos concurred that Mr Boucher meet with Chuck Billias Cocoa Beach s City Manager • Mr Boucher met with Fairvilla representatives regarding the drainage sidewalks landscaping and signage Mr Morgan stated that as long as the previous agreement is not affected then the concept would aesthetically benefit the City Mayor Pro Tem Petsos asked for a to -scale proportion • Mr Boucher reported that Florida Power and Light would like to install a new feeder line Mr Boucher would determine if this is a distribution line or another high voltage line • Mr Boucher stated that Todd Peetz City Planner prepared a memo on the commercial residential issue and he would prepare material for a discussion after the New Year • Mr Boucher announced the Space Coast League of Cities Chnstmas dinner on Monday December Vh at the Officer's club Mayor Pro Tem Petsos reminded that a door prize is appropriate City of Cape Canaveral Florida City Council Regular Meeting December 3 2002 Page 9 2 Staff Ms Hanson • Ms Hanson inquired if any Council member planned to participate in the Cocoa Beach Christmas Parade on Saturday December 14'h and if so to let her know City Attorney • Attorney Garganese reported that he is making progress on the sidewalk ordinance and the Planning and Zoning Board would discuss it during their meeting on December 11th 3 City Council Mr Hoog No report Mr Morgan • Mr Morgan expressed his favor in the plan to freeze the commercial sewer rates Mayor Pro Tem Petsos • Mayor Pro Tem Petsos requested holiday landscaping around the City sign • Mayor Pro Tem Petsos announced that the Police Athletic League is hosting a soccer league for Cape Canaveral on Saturday at 2 P M • Mayor Pro Tem Petsos reported that he reviewed the Adopt A Median program and the Kiwarns Club would like to adopt the planting area at the Amoco station however there is a $600 charge The Kiwanis Club would purchase and install the plants Mayor Pro Tem Petsos asked if there were some way to waive the fee for a non profit organization Mr Boucher said that Mr Gardulski could provide some basic instructions Attorney Garganese stated that the City of Cocoa has an Adopt A Road agreement whereby the parties sign an agreement that set guidelines and requirements that the Council might want to consider Mayor Randels • No report ADJOURNMENT There being no further business the Chair adjoumed the meeting at 10 30 P M Rocky Randels MAYOR Susan Stills CITY CLERK Meeting Type Regular Meeting Date 12 17 02 r L Yo CITY OF CAPE CANAVERAL AGENDA H ading Consent It m 2 N Resolution No 2002 50/Board Application AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT CONSENT RESOLUTION 2002 50 APPOINTING AN ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the appointment of Lars Holfve as an alternate member of the Code Enforcement Board Summary Explanation & Background The Code Enforcement Board and City Council have interviewed Mr Holfve His term will expire on 10 01 2005 Exhibits Attached Resolution No 2002 50/Board Application City Man er's Office Department LEGISLATIVE c \kim\ docume a in\counc 1\meet ng\2002\12 17 02\2002 50 doc RESOLUTION NO 2002 50 A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD COUNTY FLORIDA APPOINTING ONE ALTERNATE MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL FLORIDA, PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City Council of the City of Cape Canaveral Florida has by City Code Section 2 256 created a Board known as the Code Enforcement Board of the City of Cape Canaveral Florida and WHEREAS it is now incumbent upon the City Council of the City of Cape Canaveral to appoint one 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 Lars Holfve is hereby appointed as an alternate member of the Code Enforcement Board of the City of Cape Canaveral Florida in the General Contractor designation with a term to expire on October 1, 2005 SECTION2 This Resolution shall take effect immediately upon its adoption ADOPTED BY the City Council of the City of Cape Canaveral Florida this 17th day of December 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Bob Hoog Susan Stills CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM Richard Treverton Anthony Garganese CITY ATTORNEY \\Cape nt\cityclerk\CityClk\Resolutions\BOARDS\Appointments\Code Enforcement Alternate doc City Council I City Hall J Home Page City of Cape Canaveral City Board Application Please Para and Fax to Our Office at (321) 868 1248 Applicant Name Lars Holfve Home Telephone _868 3086 Home Address 350 Taylor Ave ##B5 Cape Canaveral, FL 32920 Business Lars Holfve Constuction Consuhmg Business Telephone _960-6086_ Office Address Same as above Brief Description of Education and Experience 1 recneved a BS degree in Business Admm in Eskilstuna, Sweden in 1965 I became a State Certified General Contractor in 1980 I became a State Certified Roofing Contractor in 1982 I also bold a CAM (Community Association Manager) license I am a Past President of the Merritt Island Kiwanis Club I am a member of the Cocoa Beach Area Chamber of Commerce I also chaired one of their Leads Groups I am an Associate member of the Space Coast Condominium Association I am the creator and oargwu= of the Hurricane Expo ( 3 years) in co-operation with the Brevard Co Office of Emergency Management I have been successfully self employed for close to 30 years now Are you a registered voter'? Yes No X_ Have you been a resident of the City for 12 months or longer'' Yes X_ No Do you currently hold a public office? Yes No X_ Are you presently employed by the CW Yes No X_ At the presem time do you serve on a City Board? Yes No X____ At the present time do any of the followmg relatives of your serve on the City Council father mother son, daughter, brother sister uncle aunt first cousin, nephew mece husband, wife grandparent grandchild father in-law mother in law son in-law daughter in law brother-in-law sister in law of 3 10/15/2002 9 10 1 stepfather stepmother stepson, stepdaughter stepbrother stepsister half brother or half sister Yes No X^ At the present tune, do any of the following relatives of yours serve on any other Ctty board commission or special distract spouse parent child, grandparent or sibling of the whole or half blood? Yes No X Please specify on which City Board you are interested in serving (Indicate Preference 1 st, 2nd 3rd, etc ) Board of Bi31II�s A Beautification Adjustment* Cultural J Dcvclopment Commumity _2nd _1 st_oode Enforcement APPe ce` Constnunon Board of Adjustmcnt & Appeals Library i Planning & Zoning Recreation *Members of these Boards are required to complete Financial Disclosure Form upon appointment to said Board and p?tor to July 15th of each year following the initial appointment while still a member of said Board Please list what you feel are your quah&ations to serve as a member on one of the City's Boards I have extensive business experaeince most of it in the construction industry I have been heavily involved to community service since I moved to Cape Canaveral 4 years ago I would like to put that experience in the service of my community Would you consider serving on another Yes No Applicant s Signature PLEASE NOTE other than the one(s) you have selected on the front of this forTn) Date v r v 0 14-141 * Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting . Your apphtcation will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Cleric s Office at 868 1221 10/15/2002 9 30 2of3 City of Cape Canaveral Date December 9 2002 To Susan Stills City Clerk From Morns Reid Building Official W--- Re Recommendation to Appoint Lars Holfve as an Alternate member to the Code Enforcement Board Applicant Lars Holfve was interviewed by the Code Enforcement Board members at their meeting on November 21 2002 By unanimous vote the Board voted to recommend that City Council appoint Mr Holfve to the Board as soon as possible 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 Code Enforcement Board Meeting Minutes November 21 2002 Page 2 questioned as to whether the fine had been recorded Mr Bubb stated it had not been recorded Mr Stewart explained to Chairperson Russell the status of this case at the last meeting Barbara Krauss testified that they are here again to let the board know that the Fine of $3 300 is a burden to the Association She explained they did everything in their power to bring the fence to code Ms Russell asked what a reasonable amount She stated $1000 Ms Russell disagreed that a fine is for persons who do not meet deadlines 90 percent owner occupancy reply to Russell Questioned a special exception for this Mr Hartley stated that s $50 dollars a unit Mr Stewart expressed that the board has been more than generous at reducing the fine from 10 000 to 3 300 Ms Hartley expressed the breakdown in communication due to the Personnel changes Motion to leave fine as it stands by Stewart second by Beiderman Mike Doyle put in windows without permits at end of April Motion passed 5 3 as follows Attornev stated staff would then file lien against property if fine not paid City Council can consider once lien has been recorded Attorney clarified that an appeal can be filed with the Circuit Court The Citv Council is only body that can change the lien once recorded NEW BUSINESS Interview and Recommendation to City Council Re Prospective New Board Member Lars Holfve Mr Holfve responded to Russell that he is not a United States citizen nor a registered voter Mr Holfve responded to Stewart that Mayor Randels stated that the City needs citizens to engage in City actions Stated he is state certified in many areas and has knowledge in this area He noted he would have to abstain to items that he had an interest in There was some discussion regarding his view on the Ocean Park North fine Attorney asked if he had relatives employed exiting contracts business in Cape Canveral Mr Lars replied NO A short discussion followed Motion by Stewart seconded by Hale to recommend Mr Holfve to city council for a second alternate member of the Code Enforcement Board Ms Russell reminded Mr Holfve that you surrender your right to file complaints Mr Holfve was asked again if he does business in the city of Cape Canaveral He said he misunderstood the question the first time YES he does do business in the city from time to time 105 Polk Avenue Cape Canaveral FL 32920 P O Box 326 321-868-1220/1221 321-868 1248 Memo TO Morris Reid Building Official From Susan Stills City Clete Q Susan Chapman Administrative Assistant to the Building Official (w/Attachment) uabee November 6 2002 Re: Prospective Code Enforcement Board Applicant Morris Please schedule this perspective applicant [Lars Holfve] for an interview with the Code Enforcement Board at their next meeting A copy of the application is attached to Susan s memo Thank you Meeting Type Regular Meeting Date 12 17 02 CITY OF CAPE CANAVI AGENDA Heading Ordinances It in 3 N Adjustment AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT ORDINANCE NO 18 2002 AMENDING CODE SECTIONS 110-46 110 62 AND 110 137 NOTICE PROCEDURES FOR SPECIAL EXCEPTIONS AND VARIANCES DEPT /DIVISION P&ZIGROWTH MANAGEMENT Requested Action City Council consider the adoption of Ordinance No 18 2002 providing for notice to affected property owners in land use matters and establishing procedures to provide notice as recommended by the Planning and Zoning Board Summary Explanation & Background This ordinance requires a 30 day notice to property owners within a 500 foot radius of where a special exception and/or variance is sought before the Planning and Zoning Board and a 15 day notice before the Board of Adjustment I recommend approval Exhibits Attached Ordinance No 18 2002 City Ma"ere'ffice Department P&ZJGROWTH MGMT cape- im\m doc nts admin\council\meeting\2002\12-17-02\18-2002 doc ORDINANCE NO 18 - 2 0 0 2 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTIONS 110 46 110-62 AND 110-137, PROVIDING FOR NOTICE TO AFFECTED PROPERTY OWNERS IN LAND USE MATTERS ESTABLISHING PROCEDURES TO PROVIDE NOTICE PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS, PROVIDING FOR INCORPORATION INTO THE CODE, PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS the City is granted the authority under § 2(b) Art VI11 of the State Constitution to exercise any power for municipal purposes except when expressly prohibited by law and WHEREAS the City currently provides courtesy notices to all property owners of record falling within a radius of five hundred (500) feet from any property seeking a variance or special exception under the zoning provisions of Chapter 110 of the City Code of Ordinances and WHEREAS the City adopted Orchnance No 09 2002 requiring that notice be given by the City to any property owners of record whose property falls within five hundred (500) feet of any proposed changes to a zoning district boundary in order to further allow the receipt of comments from its citizens in the course of considering zoning matters and WHEREAS the City believes that making such requirement mandatory for the consideration of special exceptions and variances under the City Code of Ordinances will encourage citizens to participate in the consideration of such matters and will further protect the health safety and general welfare of the citizens of the City and WHEREAS although it is the City Council s desire to require the aforesaid public notice in furtherance of the interests stated herein it is not the intent and purpose of this ordinance to create a cause of action against the City ifthe City or any person fails to provide the notice for any particular variance or special exception application approved or denied by the City BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows ectton i Recitals The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral City of Cape Canaveral Orduumcc No Page l of 6 Section 2 Code Amendment That sections 11046 110 62 and 110 137 of the Code of Ordinances City of Cape Canaveral Florida, are hereby amended as follows underlined type indicates additions and stnkemt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in sections 110 46 110 62 and 110 137 It is intended that the text in sections 110 46 110 62 and 110 137 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance) A Sec 110 46 is amended as follows Sec 110 46 Application procedures ,(D The proRSM owner for which a special exception is sou hK t sha provide the names and addresses of all Affected Prope Owners to the City at least thirty days in advance of the plan mg and zoning, board meeting For the purpose of this section. an Affected Property Owner or Owners shall mean any propprty owner of record ownirm property which lies within a radius of five hundred (500) feet from anyboundary of the property for which a special excgp ion is soffit as reflected in the survey or that portion of the map Maintained by tax assessor reflecting the boundaries of the parcels -affected W A notice shall beprepared and mailed by the Office of the City Clerk using certified mail to all Affected PropertxOwners stating the time date and location ofthe planning and zoning meeting<and fiirther indicatm& the role of the planning and zoning board is advisory in nature and that final administrative aRprov_al or denial will be before the board of adjustment at a subsequently scheduled meeting, provided however. that failure to receive such notice shall not affect any action or proceeding taken hereunder or constitute a defect upon which any clam can be made against the Citi L51 When any 2roposed special erxcepdon hes within five hundred (500) feet of the boundary of any progunder another Kovermnent s iunsdiction, notice shall be forwarded to the go=" of the anpropnate government authonty in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said,progosed special exception (6j Notice shall be given at least 15 days in advance of_ft i public hearing before the board ofadjugment The owner of the property for which a special exception is sought or his agent shall be notified by certified mail Notice of such hearing shall be posted on the property for which the special exception is sought and at the city hall and shall be published in a newspaper of regular circulation within the city City of Cape CanrmW Ordinance No Page 2 of 6 (t7l Any party may appear in person or may be represented by an agent or attorney at the public heanng (6)U The board of adjustment shall make such findings as it is empowered to make under the venous sections of this chapter but in no case shall the board of adjustment grant a special exception that in any way adversely affects the public interest B Sec 110 62 is amended as follows Sec 110 62 Applications procedures � * r The property owner for which a variance is sought shall provide the names and addresses of all Affected Property Owners to the City at least thirty days in advance of the pla ir_ning and zoning board meeting For the purpose of this section. an Affected P, rc Vertu Owner or Owren shall mean Mpropertv owner ofrecord owning Mperty which hes within a radius of five hundred (500) feet from any boundary of the Uroperty for which a variance is sought as reflected in the surveyor that oortionsf the ,map maintained by the tax assessor reflggm&_the boundanes ofthe parcels affected A notice shall bepMared and mailed by the Office of the City Clerk using certified mail to all Affected Property Owners. stating the time, date, and location of the plannmg and zoning meeting and further indicating the role of the planning and zoning board is advisoiy in nature and that final adtt rustrative approval or dental unll be before the board of adlustmgnt ata su se uently scheduled meetin& provided however, that failure to receive such notice shall not affect any action or proceeding_talcen hereunder or constitute a defeat upon which M claim can be madeagamst theCity- (Q When any proposed vanance hes within five hundred (500) feet of the boundary of anirp pacify under another government s 2unsdictiom notice shall be forwarded to the oR vermng body of the apprognate government authority in order to afford such body an opportunity to appear at the heannp-and_express it3 ovimon oche eff�t of pro peed special exception (3j(6� Notice of public hearing before the board of adjustment shall be given as specified for a special exception in section 110 46 et seq (4) 500 feet- pay.ded howeve, Wine to anail or receive stich camtesy notice Owl not afrect City of Cape Canaveral Ordinance No Page 3 of 6 (5)7 Any party may appear in person or may be represented by an agent or by attorney at the public hearing (6U8 The board of adjustment shall make findings that the requirements of subsection (a)(1) of this section have been met by the applicant for a variance (7) U9 The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the vanance and that the variance is the minimum variance that will make possible reasonable use of the land building or structure (9)(10) The board of adjustment shall further make a finding that the granting of the variance will be to harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare l l It is the intent of this subsection to promote compliance by the city board of adjustment with this Code state law and judicial precedent which provide for written findings of fact in support of board decisions Such findings should be more than mere conclusory statements or recitations oflegislative language All fmdiribs made by the board of adjustment to accordance with this section shall be in writing on the forms which are on file in the city clerk s office and which may be amended from time to time by a resolution duly adopted by the city council C Sec 110 137 is amended as follows Sec, 110 137 Procedure s * � (L.) Any proposal for a zoning amendment by any individual corporation or agency pursuant to this section shall be by apphcaum which shall contain the following information (6) At least thirty days in advance of the Dlanning and zoning board rneauwi provided for in subsection (g) below, the apphcant shall Drovidc the names Nwiies and addresses of all property owners (affected prop" owners) owning property which lies within a radius of 300 feet of a boundary of the survey or that portion of the map maurtained by the tax assessor reflecting the boundaries of the parcels affected (g) For proposed zoning changes a notice shall be prepared and mailed by the Office of the Cny Clerk using certified mail to all Aaffected property Oowners(as defined in subparagraph (6) of paragraph (e) of this section), statmiz the time, date. and location of the planning and zomng meetiggand further indicating that role of the planning and zoning board is advisory in nature and that final legislative approval or denial will be before the city council City of Cape Canaverai Orlwim No Page 4 of 6 at a subsequently scheduled meetine provided however that failure to receive such notice shall not affect any action or proceeding taken hereunder or constitut defect u on which any claim can be made a ainst the City (h) When any proposed changes of a zoning district boundary lies within five hundred (500) feet of the boundary of day property under another government s1urisdiction, notice shall be forwarded to the governing; body ofthe appropriate ,overnment authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of Said district boundary change Section 3 Repeal of Prior Inconsistent Ordinances and Resolutions All prior inconsistent ordinances and resolutions adopted by the City Council or parts of prior ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict Section 4 Incorporation Tnto Code This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5 Severability If any section subsection sentence clause phrase word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent ,jurisdiction whether for substantive procedural or any other reason such portion shall be deemed a separate distinct and independent provision, and Such holding, shall not affect the validity of the remaining; portions of this ordinance Section 6 Effective Date This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral norida lAdoplion next page] City of Cape Canaveral Ordinance No Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral Florida this — _ day of 2002 ATTEST Susan Stills City Clerk First Reading Lcgal Ad published Second Reading Rocky Randels Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only Anthony A Carganese City Attorney -YKI eRbK ry w r fte'lF 11UE& 14 Zwwtk. 4 0 wpd Jim Morgan Buzz PCSIos Rocky Rendels Richard Trevcrton Sob Hoog Citv of Cape Canaveral Ordumcc No Page 6 of 6 Published Pady STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY a newspaper published in Brevard County Florida that the attached copy of advertising being a LEGAL NOTICE (AD#938621 $12615) the matter of CITY OF CAPE CANAVERAL in the Court NOTICE OF PUBLIC HEARING was published in the FLORIDA TODAY in the issues of DECEMBER 7. 2002 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County Florida and that the said newspaper has heretofore been continuously published in said Brevard County Florida regularly as stated above and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County Florida, for a period of one year next preceding the first publication of the attached copy of advertisement and affiant further says that she has neither paid nor promised any person firm or corporation any discount rebate commission or refund for the purpose of securing this advertisement for publication in said newspaper Wauje e 41 (Signature of Affiant) Sworn to and subscribed before this this 7TH day of DECEMBER, 2002 eA (Signature of Notary Public) t t 1 LINDA L BRAUD (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type Identification Produced ADp93 M IV72002 D4 ,:* The Cly Courxll of tte CRY of Cape Careverab Patio wM halal a PMk: Hearin0 tar the purpose of adop" Ordnarxa Him 18-2002 In the CIN Hall An- rex,111 Pak Avenue, Cape Ca- naveral, PAraa at 70 PMN w Tundev Deownber 17 20M The ardlnarxes may be ki- speded h #iW enikety In the CRY Clerk' once d ov husl- rress hags (830 am to Sala Fk war»`to' seawri 296.1015, Florida sle"ee tte CRy hereoy W1. tte publk that tt per son deckles to appeal arrY ded- slan made by tte CITY Corndi w8h rasped to wwwatler cqn- sailhis ed at tmdo that Persarr wRl need a record of the P[ooeednt{e, end Tor Sufi purr pose that per: er on=r= = ofensure,fft 1P1 ndli IS rte, whkh record tMrrdes the test$ - many and evWmm won which tte appeal Is to be lased This nolke does not caslMule aan- sent by to city Tor the Mslro drxdlon admission into evkW= Of oiherwke Yradn*- slWe or krebverrt-puklerxe nor dors tt aulhortne deAxges or appeals not d vrise aiovm by law Persom w8h dsabARes .m& assMance to Parttd- Palle 00 tlarwattme the affim (08-1221) a9 hours In ad- vanoe of the mem susarra clVIC city Clerk Meeting Type Regular Meeting Date 12 17-02 AGENDA H aai g Resolutions item 4 N commercial customers The 3% residential rate increase will be implemented on January 1 2003 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT RESOLUTION NO 2002 51 AMENDING THE COMMERCIAL SEWER RATES PROVIDING FOR A SIX MONTH EVALUATION PERIOD DEPT /DIVISION LEGISLATIVE Requested Action City Council consider the adoption of Resolution NO 2002 51 providing that the commercial sewer rates will remain unchanged at the 2002 rate for a six moth evaluation period beginning January 1 2003 and ending June 30 2003 Summary Explanation & Background City Council, by the adoption of this resolution, will delay the January 1 2003 3% scheduled rate increase for commercial customers The 3% residential rate increase will be implemented on January 1 2003 Currently commercial customers are being billed 435% of the dollar amount of the City of Cocoa water bill City Council will evaluate this rate structure for a period of six months and as outlined in Section (2) of the resolution, an action of City Council is required before the evaluation period expires Exhibits Attached Resolution No 2002 51/Resolution 2000 42/5 Year Rate Model City Mana Office Department LEGISLATIVE RESOLUTION NO 2002 51 A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE COMMERCIAL SEWER RATES, PROVIDING FOR A SIX MONTH EVALUATION PERIOD, AS PROVIDED FOR IN CHAPTER 78 UTILITIES, ARTICLE III, SECTION 78152 APPENDIX B OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES PROVIDING FOR AN EFFECTIVE DATE WHEREAS Section 78 152 of the Code of Ordinances provides for the adjustment of the monthly sewer rates by Resolution and WHEREAS the City Council desires to evaluate the commercial Sewer Rate Structure for a period of six months effective January 1 2003 and WHEREAS during the evaluation period the 3% commercial sewer rate Increase scheduled for January 1 2003 shall be delayed until June 30 2003 and WHEREAS this Resolution Is deemed In the best Interest of the health safety and welfare of the City NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida as follows SECTION 1 The Commercial Sewer Rate schedule as set out in Appendix B Chapter 78 Utilities Article III shall remain unchanged at the 2002 rates for the evaluation of the Commercial Sewer Rate structure effective January 1 2003 and ending on June 30 2003 SECTION 2 Prior to the Expiration of the Commercial Sewer Rate evaluation period of June 30 2003 City Council shall either Implement the 3% Increase extend the evaluation period and/or revise the commercial rate structure SECTION 3 This resolution shall become effective upon Its adoption \\Cape nt\cityclerk\CityClk\Resolutions\FEES\Commercial Sewer Rates 2002 doc City of Cape Canaveral Florida Resolution No 2002 51 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral Florida this _ day of 2002 Rocky Randels MAYOR ATTEST FOR AGAINST Bob Hoog Susan Stills CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM Richard Treverton Anthony Garganese CITY ATTORNEY RESOLUTION NO 2000 42 A RESOLUTION OF THE CITY OF CAPE CANAVERAL FLORIDA, ESTABLISHING A NEW SCHEDULE OF RATES UNDER APPENDIX B CHAPTER 78 UTILITIES ARTICLE III SERVICE RATES DEPOSITS AND BILLING PROCEDURES SUBSECTION (b) MONTHLY SEWER RATES OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL FLORIDA PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Cape Canaveral Florida per Section 78 152 of the Code of Ordinances provided for the adjustment of the Sewer Rates by Resolution based on Regulatory or Environmental Factors and WHEREAS the City Council of the City of Cape Canaveral Florida per Section 78 153 and Section 78 154 of the Code of Ordinances provided for the charges for sewer reinstatement and WHEREAS the City s Wastewater Treatment Plant upgrade to an advanced wastewater treatment and the construction of the reclaimed water facilities as required by the Indian River Lagoon Act necessitated a rate increase of 3% per year for the years 2001 2002 2003 2004 and 2005 to meet revenue requirements for debt and operation of these facilities and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral Florida acting upon the results of a Revenue Sufficiency Analysis prepared by outside source to forecast future revenues and obligations of the Wastewater Treatment facilities as follows SECTION 1 The Rate Schedule as set out in Appendix B Chapter 78 Utilities Article III Service rates Deposits and Billing Procedures Subsection (b) Monthly Sewer Rates and Subsection (c) Sewer Service Reinstatement fee of the City of Cape Canaveral Code of Ordinances is hereby deleted in its entirety and Exhibit A adopted in lieu thereof SECTION 2 This Resolution shall become effective commencing the service month of January 1 2001 ADOPTED BY the City Council of the City of Cape Canaveral Brevard County Florida this 3rd day of October 2000 _L (Ss� Rocky Randels AYOR ATTEST Burt Bruns Sandra meth CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM 1�r Larry Weber zu l Kohn Bennett CITY ORNEY \\C p A itycl rk\QtyClk\R lu6 WEES\Sew R t Am dm t 2000 26 doc FOR AGAINST Second Motion X X X Q m x X W CO fn U W 2 O CO U m CO W NI LL LLl W to J 2 H Z 2 1W 3 O w N cc 2 cc O N N O E t U O N W LLJ LO I— CD O c0 Q N h c cc LL 75 N C O C m .n O a .. LO 0 `- c. Z a ae C OM 0� E� a U ^ W c U O a o= d o O E -Ewo H H L ca C N co04 0) O O 00 H H y C N O O C NU w p O O O Ot N� .�•ioc() p 0 U d� a v a�= dU 00 L N N N O A a .0 Q a O 0 _ 0ca ^p.3� fl. cu Cac o H H Ys o C. ca 26 >,v S `m ~O` w o U 6.0 -v a) �ctw- U ED E -d L Q Nn H H OO 0ULO0� »OUm 0 W o -C Ev—d H Hv MN +CO-OCO N oC"'OV" V 0 rsC 0 30)0)�U�tu 0 E 0��(n v c `? o O 0 _� �`� g E ae :: o,« C U N v OCCOO U O v3�=U Oca wya>L� N N MOccc O �F. N NNN om3��0 y D D O O V=O O U O H H H wWWW LE OcIIL=CDO" C O LOO O cc a to �►- S to '0 rNtnO U N 2)0) C) CM� y C NQ Um N Nc U O m ccs 0 Ccy0 O U v3==U �dZ�Z Q C 4011- N N N EE E — E MS U L L'D L W LL m N d a: o � C M w M w w LL w H H H � d N °� o o' C, 3333 c 5 Wd c`7��N U Q m V d 1 d_ t7f d � d d=� C �% W� .CO-. y d d 7 ^ ^ V) •, m N Nz 41 Nada O eQ 41 d co dpot�O N U U O O cr> N , CL O. 7 N N cu 3 C 0 N ca .c L tV 3 O C N t 3 to C 3 (V N C 0 tm fl. vt C O N Meeting Type Regular Meeting Date 12 17 02 AGENDA H ad' g Discussion item 5 N Exhibits Attached AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT DISCUSSION ADOPT A MEDIAN PROGRAM DEPT /DIVISION PUBLIC WORKS Requested Action City Council consider revising the Adopt A Median Program. Summary Explanation & Background Attached is information on the current Adopt A Median Program and a sample of a revised program for your review and consideration. Discussion item only — Please advise Exhibits Attached Current and Sample Programs City Ma er's Offic e:e Department PUBLIC WORKS ca kim\my ocu s admin\council\meeting\2002\12-17-02\median doc CITY OF CAPE CANAVERAL ADOPT A MEDIAN PROGRAM The City of Cape Canaveral provides businesses and residents with the opportunity to contribute to City beautification through the Adopt A Median program For an annual contribution of $600 a median of choice within the City limits is dedicated to the participant An attractive sign is erected in the median with the business or residents name routed on it Also the contribution assists the City in defraying the expenses involved in providing maintenance to this median What a wonderful way to advertise a business or for residents to show support of their City Presently participating in the program and the locations are the following Royal Mansions Royal Mansions Royal Mansions United Space Alliance (USA) First Median East of All on West Central Boulevard First Median East of North Atlantic Avenue on East Central Boulevard Ridgewood Avenue and East Central Boulevard Central Boulevard at the USA Pedestrian Crosswalk Please consider taking part in the beautification of Cape Canaveral For more information or to sign up for this program contact Marianne Huston City of Cape Canaveral Public Works Administrative Assistant/Beautification Board Secretary at 868 1240 Sent By BROWN,WARD SALZMAN&WEISS P A 407 425 9596 Dec 10 02 3 27PM BROWN, WAIRD, SALZMAN & WEISS, P A Usher L Brown Suzanne 0 Agmto Anthony A Garpanese Gary 5 SaWw John H Ward Jeffrey S Weiss 'Board Cerbtied Civil Trial Lawyer Board Ceffled Business UtVdoa Lawyer Board Cerbied City County & Local Government Law Attorneys at Law Office,4 Lu Orlmidor Kissumee Cocoa & Vuia December 10 2002 Sent Via Facsimile & U S M811 321-668-1224 Mr Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral FL 32920 Re Adopt A Road Program City of Cape Canaveral General Our File No 513-001 Dear Bennett Page 2/6 Debra S Babb Jeffrey P Bunk John U Swdonhiirn Jr Joseph E Bitch Jenndtf P6 Michael Todd K Norman Maheie A Redden Vincent E Scarlatos Enn J O Leary of counsel Please find enclosed per Anthony a proposed Adopt A Road Agreement The Agreement sets forth venous requirements to participate in the program In essence they represent the policy of the City Therefore please present the Agreement to the City Council for approval if acceptable to you and the Council we can then use the Agreement as part of the program offices If you have any questions regarding this matter please do not hesitate to call our Very trul yours J y P Buak A istant City Attorney JPBIId Enclosure Agreement F ILawyor4$f %Clty of Cape Canaverai%Corresponderx*soucher_AdoptA RdApr_Ltri2100Z wpd 225 East Robinson Street, Sulto 660 P d x 2873 allendo F"a 32802 2873 Orlando (407) 42&9566 Fax (407)425 -OM 14ssimrnee (321) 402 0144 Cotoa & viers (866) 4255566 website wurw orlandolaw net Email firmQorlandolaw net $ent By BROWN WARD SALZMAN&WEISS P A 407 425 9598 Dee 10 02 3 27PM CITY OF CAPE CANAVERAL, FLORIDA ADOPT A ROAD AGREEMENT THIS AGREEMENT is made this _ day of between the CITY OF CAPE CANAVERAL a Florida , whose address is Page 3/8 (month)(year) by and Municipal Corporation and ( Contractor ) WHEREAS the City of Cape Canaveral has created a Voluntary Adopt a Road Program ( Program ) for purposes of removing litter from City roadways and beautifyuzg City roadways within the City of Cape Canaveral and WHEREAS Contractor has volunteered and agreed to participate in the program under the terms and conditions of this Agreement and as a community service to the City NOW THEREFORE in consideration ofthe mutual covenants and provisions hereof, and other good and valuable consideration the receipt and sufficiently all or which is hereby acknowledged, the parties hereby agree as follows 10 Adoption of Roadway Contractor hereby adopts the following City roadway for Purposes of participating in the Program ( Roadway ) 20 Litter Collection Contractor agrees to perform It Iter removal from the Roadway at least once every other month (six times annually) or more frequently as needed and agreed to by the Contractor and City Litter removal is not permitted within paved roadways, roadway medians construction sites, maintenance sites and sites posted with a no trespass warning Litter removal shall be performed in compliance with the additional terms and conditions of paragraph 3 0 30 Additional Litter Removal Terms The following rules shall apply to Contractor and all of Contractor s Participants (together referred to as Participants ) during a litter collection shift to accordance with the Program 3 1 Litter removal shall occur only during daylight hours and in good weather 32 Participants shall only collect litter at locations authorized by this Agreement 33 Contractor shall submit a litter removal report to the City promptly after completing a litter collection shift Adopt A Road Agreement City of Cape Canaveral Page i of 4 sant By BROWN,WARD SALZMAN&WEISS P A 407 425 95981 Dec 10 02 3 28PM Page 4/8 3 4 Participants shall be at least twelve (12) years of age 35 At least one adult supervisor (18 years or older) shall be present during a later collection shift for every five (5) Participants aged twelve (12) to fifteen (15) who are participating in the Program with the Contractor 36 All Participants shall not be under the influence of alcohol or contraband substances during their participation in the Program 37 Horseplay is strictly prohibited 38 Safety vests gloves work shoes (no open toe shoes) and light comfortable clothing shall be worn 39 The adult supervisor must carry to the work site a First Aid Kat provided by the City 3 9 1 All Participants must be advised by Contractor that sunglasses a hat and sunblock should be worn 392 Each Participant must bnng to the work site an adequate supply of water or other soft drink beverage to prevent dehydration 393 Participants should work on one side of the road at a tune and face. on c.uming trdffic 3 9 4 Participants shall avoid suspected toxic or hazardous materials (e g needles poison plants snakes fire ants acid automobile fluids etc ) and inunediately contact the City if such materials are tound 3 9 5 Participants shall immediately cease collecting litter and leave the work site if requested to do so by City 3 9 6 All filled trash bags should be left on the side of the Roadway for City pick up as to not to interfere with traffic 3 9 7 Participants shall not interfere with pedestrian and automotive traffic on the Roadways and shall not dodge in and out of said traffic 3 9 8 Contractor shall design4te one Pdrticipdnt Supervisor for each litter collection shift 3 9 9 Contractor shall insure that all Participants under the age of 18 years have received permission to participate in the Program from their parents or legal guardian Adopt A Road Agreeineut City of Cape Canaveral P20e 2 or 4 Sent By BROWN WARD,SALZMAN&WEIS8,P A 407 425 9596 Dec 10 02 3 28PM Page 5/6 4 0 City Obligations Upon approval of an adopted Roadwav by the City City agrees to provide Contractor and Participants with the following 41 Safety vests and trash bags 42 One general first aide kit to be held by the Supervisor of litter collection shits 43 Adopt A Road signs for each end of the adopted roadway which credits Contractor for the removal of litter under this Agreement 44 Basic initial training for the Contractor and their Participants 50 indemnification For all litter removal services performed pursuant to this Agreement by Contractor and their Participants the Contractor agrees to the fullest extent permitted by law to indemnify and hold harmless the City and its employees officers, and attorneys, from and against all claims losses darnages personal lnjunes (including but not lunited to death) or liability (including reasonable attorney s fees through any and all administrative trial post judgment appellate proceedings) directly or indirectly ansmg from the negligent acts errors omissions intentional or otherwise arising out of or resulting from Contractors or Contractor s Participants pursuant to this Agreement 60 Participants Safety Contractor shall be fully and solely responsible for the safety of all Participants 70 Waiver Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City s right to later claim a failure to perform on that part of the Contractors 80 Term This Agreement shallbe for a term ofone (1) year from the date the last party hereto executes this Agreement This Agreement may be extended for one year by mutual Agreement of the parties 90 Termination This Agreement may be terminated at any time by the terminating party delivering at least thirty (30) days written notice to the non terminating party Upon termination the Adopt A Road Signs provided pursuant to paragraph 4 0 shall be removed by City Paragraph 5 0 shall survive termination to the extent of any pending or future claim loss damage personal inlunes or liability resulting from this Agreement 100 Attorney Fees In the event of any litigation arising concerning this Agreement between the parties hereto each party agrees to incur there own attorney fees and costs including stick fees and costo related to administrative pre teal trial post judgement and appellatc proceedings Adopt A Load Agreement City of Cape Canaveral Pate 3 of 4 Sent By BROWN,WARD SALZMAN&WEISS,P A 407 425 9598 Dec 10 02 3 29PM pays 6/6 11 0 Entire Agreement This Agreement represents the entire and integrated Agreementbetween the parties and supersedes all prior negotiations, representations or Agreements either oral or written and all such matters shall be deemed merged into this Agreement 120 Sovereign Immunity Nothing contamed in this Agreement shall he construed as a waiver of the City s nght to sovereign immunity under Section 768 28 Florida Statutes or other limitations imposed on the City s potential liability under state or federal law IN WITNESS WHEREOF" this Agreement is entered into as of the day and year first written above CITE' CITY OF CAPE CANAVERAL, FLORIDA A Municipal Corporation By Pnnt Name CONTRACTOR By Prtnt Name F iGe.aeryr�6�CMyOfC.,peCaranrroliAA.osi+wr W44w Ao 4Aff wa ,ad Adopt A Read Agreement City of Cape Canaveral Page 4 or 5