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' CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 16, 2003
7:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of September 2, 2003.
CONSIDERATION:
2. Motion to Approve: Engineering Services Proposal for Wastewater Facility
Improvements.
ORDINANCES: Second Public Hearin-q:
3. Motion to Adopt: Ordinance No. 29-2003; Amending Chapter 74, Relating to
Penalties for Parking.
ORDINANCES: First Public Hearing:
4 Motion to Approve: Ordinance No. 27-2003; Vested Rights, at first reading.
5. Motion to Approve: Ordinance No. 32-2003; Vacating a (12)-Foot Wide
Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75—Avon-
by-the-Sea, at first reading.
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248
www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com
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Cit of Cape Canaveral Florida
City Council Regular Meeting
September 16, 2003
Page 2
6. Motion to Approve: Ordinance No. 33-2003; Adopting Amendments to
Chapter 62 Relating to Collection to Solid Waste, at first reading.
RESOLUTIONS:
7. Motion to Approve: Resolution No. 2003-32, Approval of Final Re-Plat for
Johanson Townhomes.
DISCUSSION:
8. Infrastructure Sales Surtax Project List.
9. Residential Planned Unit Developments.
10. County Fireworks Regulation.
11. Final Design of North Ridgewood Avenue Stormwater Project.
12 Revised Travel and Per Diem Policy.
13. Revised Wage and Salary Plan.
14. Segway Scooter Legislation.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
ADJOURNMENT:
Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting,that person
will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the City for the introduction or admission into evidence
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should
contact the City Clerk's office(868-1221)48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 2, 2003
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
State Representative Bob Allen, Legislative Update
State Representative Bob Allen addressed the Council with an update from the State
Legislation. Representative Allen related that the Legislature completed Special Sessions
on Medical Malpractice and Worker's Compensation and he would provide a synopsis on
both. He reported that Ms. Nancy Hanson, Recreation Director kept him apprised of State
recreational grant funding awarded to the City and he commended the City on Cherie
Down Park being acknowledged as one of the cleanest beaches. He commented on the
overall positive changes in the area. Representative Allen related that one idea to
establish State revenue streams was for cities to pay Code Enforcement fees when going
to Court and he supports the repeal of this bill due to its effect on the judicial process.
Representative Allen acknowledged the City's 40th Anniversary and pledged support to
assist with leveraged funding. He announced his return to the Transportation and
Economic Development Appropriations Committee. Representative Allen spoke on the
results of the Hospital Mitigation project in that land was increased to provide expansion.
He related that the High Speed Rail would come before the legislature in an upcoming
session. He encouraged Council to stay abreast of this issue in that transportation funding
in the area is impacted.
Representative Allen stated that Property Insurance rates had increased dramatically in
Florida. He reported that the Wind Storm and Joint Underwriters Program were united in
order to result in a cost savings under Citizens Insurance. He along with Commissioner
Gallagher planned to remove the Arbitration Panel on insurance rates. He related that the
Panel had power to increase rates and its repeal may prevent any special interest. He
reported on the increasingly high rates for Workers Compensation and explained how
fraud played a major part in the increased rates. The systems payment process created a
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 2
new enterprise among physicians, chiropractors and workers compensation attorneys who
were receiving more payment than the injured worker. Representative Allen related that a
new and more stringent definition for permanently disabled was introduced. The
expectation is a 10 to 14 percent rate decrease. Representative Allen then spoke on
Medical Malpractice and he related that Tort Reform was also introduced since
Emergency Room care is a requirement with or without available insurance. Physicians
felt left at greater risk and asked for sovereign immunity. Tort Reform would place a
$150,000 cap on Emergency Room malpractice suits and all doctors are required to work
for one hour in the Emergency Room (ER) in order to declare them ER physicians. A
general cap of$500,000 was placed per offending group with a release of the cap for
egregious proven medical malpractice. Medical specialists were reluctant to practice in the
ER and the legislature saw the need to take action in order to retain the level of service for
a Level One Trauma center. Representative Allen summarized that regulated rates would
prompt the health insurance industry to disclose their rate structures. Mayor Randels
asked if there were questions from the audience.
Mr. Boucher informed that Citizens Insurance recently sent a cancellation notice on his
wind damage insurance. Mayor Randels reported that the City does not pay for health
insurance for dependants and now requires cost sharing for its employees, which does not
fair equitably with the Cost of Living Allowance. Mayor Randels related that the Lt.
Governor said the Cape Canaveral hospital expansion had only one purpose, "to meet the
health care needs of our growing community." Mr. Hoog inquired about the 15 percent
savings in Workers Compensation insurance. Representative Allen replied that the
industry should experience a 12 to 15 percent roll back due to legislative measures that
took effect in July. However, overall the Legislature did not desire to regulate a free
enterprise system. Mr. Hoog reported that as contractor he was not allowed to shop for
rates since the industry sets the rates based on category. Representative Allen responded
that each category is rated however Florida had excessive workers compensation rates for
less riskier occupations by comparison on a national average. Representative Allen
affirmed for Mr. Treverton that the actual amounts for malpractice were less threatening to
the overall system. Mayor Pro Tem Petsos asked about telephone rate bills.
Representative Allen responded that rates are now approved through the Public Service
Commission. Mayor Pro Tem Petsos also expressed that the State legislature needs to
address fireworks. Representative Allen replied that the fireworks industry has grown
exponentially since its established use for agricultural purposes and discussion on
regulation is forthcoming. Mayor Randels informed the audience that the desire is to
restrict fireworks sales. Representative Allen encouraged the Council to continue to submit
data on issues of concern.
CONSENT AGENDA:
1. City Council Special Meeting Minutes of August 19, 2003.
• Florida Recreation Department Assistance Program Grants for
Banana River Park and Canaveral City Park Playground Renovations
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 3
2. City Council Regular Meeting Minutes of August 19, 2003.
Mayor Randels asked if any Council Member, staff or interested party desired to remove
an item from the Consent Agenda for discussion.
No request was made to remove an item for discussion.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
Approve Consent Agenda Items No. 1 and 2. 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.
CONSIDERATIONS:
3. Motion to Approve: Short List of Respondents to Request for Bid No. 03-05,
Consultant/ Professional Engineering Services.
Mr. Morgan asked if the Council would proceed with the top-ranking firm. Mayor Randels
stated that traditionally Council performs an initial ranking and then interviews the top three
firms. Mayor Pro Tem Petsos stated his desire to see staffs input on the firms to which
Council members agreed. Mr. Boucher recommended a Ranking Workshop meeting
immediately following the Budget Hearing on Monday, September 8"' at 5:30 P.M. Council
Members agreed. Mayor Randels summarized that selections would be finalized after
reviewing staffs input.
Representative Bob Allen arrived at this time.
4. Motion to Approve: Satisfaction or Release of Code Enforcement Lien, Yogi
Patel, Applicant.
Mayor Randels reviewed background on the item and read the Requirement of City Code
Section 2-260. Mayor Pro Tem Petsos pointed out that the Code Enforcement Board
recommended rescinding the fine if Mr. Patel paved the parking lot. Mr. Morgan stated that
a building permit is not required to patch a parking area. Mr. Yogi Patel explained that he
patched holes in the parking lot within 10-days of the order. Mr. Todd Morley, Building
Official, reported after the order was imposed Mr. Patel repaired the holes however
neglected to call Code Enforcement for an inspection. Mr. Morgan recommended
releasing the lien in that the applicant was found in compliance. Mr. Morley informed that
the Code Enforcement Board recommended that Mr. Patel obtain a permit to repave the
parking lot prior to releasing the lien. Mr. Morgan expressed that such an action would set
a precedent with other parking areas in states of disrepair. Mr. Hoog said that the Board's
expectation was aesthetic improvement. Mr. Morgan said that resealing and re-striping
might suffice. Mr. Hoog referred to the south of the parking area. Mayor Randels informed
that the City desired to install and maintain a south entrance City sign in front of Mr. Patel's
property and attempted to acquire an easement to do so. Mr. Morgan stated that the City
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 4
as authority within the right-of-way. Mayor Randels stated that the south portion on the 100
Block of Grant Street was within City limits and the City could maintain this area. Mayor
Randels addressed Mr. Patel on the issue of an easement on the North Atlantic Avenue
side in order for the City to install a sign and sidewalk and subsequently maintain the area.
Mr. Patel replied that his attorney was reviewing the documents he received from the
Public Works Director. Mayor Randels concluded that this item would be heard at a later
time once the documents were reviewed. Attorney Garganese recommended a Motion to
Table the item.
A motion was made by Mr. Treverton and seconded by Mr. Hoog to Table
Satisfaction or Release the Code Enforcement Lien, Yogi Patel, Applicant. 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.
5. Motion to Approve: Building Permit Extension Request, The Scales Company
of Brevard, Inc., Applicant.
Mr. Morley stated that the Florida Building Code requirement is 90-days for a building
permit extension. He replied to Mr. Morgan that a separate permit was obtained for
demolition. A representative from the Scales Company reported that the investors
withdrew from the property due to the Space Shuttle Columbia incident. He responded to
Mayor Randels that no new construction was begun under the previous permit and the
permit was indeed issued under the new 2001 Florida Building Code. Attorney Garganese
stated that a new permit is required due to lack of progress. Mr. Morley informed that
under City Code provisions the local jurisdiction has the authority to extend the request.
Mayor Pro Tem Petsos expressed his concern with transients occupying the unfinished
buildings. Mr. Tom Parker said that plywood could be adhered to prevent vagrant
occupancy. Mr. Hoog requested to have the plywood painted. Mayor Randels summarized
a motion to approve the conditional extension to January 21, 2004, contingent upon
adhering plywood with tapcons in order to prevent transient occupancy and painted in a
neutral color.
A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the
Extension until January 21, 2004 of the Existing Building Permit, Contingent Upon
Adhering Plywood with Tapcons in Order to Prevent Transient Occupancy and
Painted in a Neutral Color. 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.
ORDINANCES: Second Public Hearing:
6. Motion to Adopt: Ordinance No. 18-2003; Repealing Section 50-2 and
Amending the Adult Entertainment Code.
Mayor Randels read Ordinance No. 18-2003 by title.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,
REPEALING SECTION 50-2 OF THE CODE OF ORDINANCES; PROVIDING AMENDMENTS TO
ARTICLE IV, ADULT ENTERTAINMENT CODE, TO CONFORM TO THE BREVARD COUNTY
PUBLIC NUDITY ORDINANCE; AMENDING THE PLATFORM REQUIREMENT FOR
PERFORMERS IN ADULT ENTERTAINMENT ESTABLISHMENTS; PROVIDING FOR REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTONS, INCORPORATION INTO THE
CODE, SEVERABILITY,AND EFFECTIVE DATE.
Mayor Pro Tem Petsos replied to Mr. Nicholas that the City is responsible for public nudity
enforcement.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
Approve Ordinance No. 18-2003 at second reading. 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.
7. Motion to Adopt: Ordinance No. 22-2003; Amending Section 54-47; Providing
for a Revised Definition of Vessel.
Mayor Randels read Ordinance No. 22-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION
54-47 RELATING TO THE VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR A
REVISED DEFINITION OF VESSEL; 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.
There was no public comment.
A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to
Adopt Ordinance No. 22-2003 at second reading. 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. Motion to Adopt: Ordinance No. 23-2003; Amending Chapter 62; Relating to
the Collection of Solid Waste.
Mayor Randels read Ordinance No. 23-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 62 OF
THE CITY CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECOVERABLE
MATERIALS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR THE REGULATION
OF RECOVERABLE MATERIALS; 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 6
There was no public comment.
A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Ordinance
No. 23-2003 at second reading. 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. Motion to Adopt: Ordinance No. 24-2003; Amending Chapter 34, Article II,
Litter.
Mayor Randels read Ordinance No. 24-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER
34,ARTICLE II ENTITLED LITTER; PROVIDING FOR THE ADOPTION OF CODE SECTIONS
34-42 AND 34-43; PROVIDING FOR THE REPEAL OF CHAPTER 34, ARTICLE II, DIVISION
3 IN ITS ENTIRETY; PROVIDING FOR ENFORCEMENT OF THE CITY'S CODE
ENFORCEMENT BOARD OF LITTER CONTROL REGULATIONS; PROVIDING FOR THE
ABATEMENT OF LITTER AND ASSESSMENT OF COSTS; 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.
There was no public comment.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to
Adopt Ordinance No. 24-2003 at second reading. 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.
10. Motion to Adopt: Ordinance No. 25-2003; Amending Chapter 34, Relating to
Inoperable Motor Vehicles.
Mayor Randels read Ordinance No. 25-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 34 OF
THE CAPE CANAVERAL CODE RELATING TO INOPERABLE MOTOR VEHICLES; PROVIDING
FOR A REFINED DEFINITION OF INOPERABLE MOTOR VEHICLE; PROVIDING FOR
SCREENING OF INOPERABLE VEHICLES STORED WITHIN A CARPORT; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY,AND EFFECTIVE DATE.
There was no public comment.
A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance
No. 25-2003 at second reading. 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 7
11. Motion to Adopt: Ordinance No. 26-2003; Amending Chapter 54, Relating to
Commercial Solicitation.
Mayor Randels read Ordinance No. 26-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54 OF
THE CITY CODE RELATING TO COMMERCIAL SOLICITATION; PROVIDING FOR THE
REGULATION OF COMMERCIAL SOLICITATION UPON THE CITY'S BEACHES AND WITHIN
CITY PARKS; 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.
There was no public comment.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt
Ordinance No. 26-2003 at second reading. 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.
ORDINANCES: First Public Hearing:
12. Motion to Approve: Ordinance No. 28-2003; Amending Section 66-39,
Providing for the Vacation or Closure of a Public Street by Resolution, for
second reading.
Mayor Randels read Ordinance No. 28-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE
VACATION AND CLOSURE OF PUBLIC STREETS AND OTHER PLACES USED FOR TRAVEL;
PROVIDING FOR THE AMENDMENT OF SECTION 66-39 OF THE CITY CODE; PROVIDING
FOR VACATION OR CLOSURE THROUGH ADOPTION OF A RESOLUTION BY THE CITY
COUNCIL; 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.
Council inquired about the change of procedure. Attorney Garganese stated that Vacation
of property was historically performed by Resolution and this would bring Closure of Public
Streets into a conforming process. Mayor Pro Tem Petsos expressed instead to change
the platting requirement to an ordinance form. The Council expressed to prevail on the
side of caution and provide legal advertising notice to residents when public property is
involved. Mr. Gene Petre asked how the residents were notified on Item No. 14. The City
Clerk responded by mail. He recommended that the City make such notifications by
Certified Mail. Ms. Lee Vicidomini pointed out that in the past when a vacation was done
as a Resolution such as the subsequent item it was not recorded and an ordinance would
allow for an official adoption.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 8
A motion was made by Mayor Randels and seconded by Mayor Pro Tem Petsos to
Approve Ordinance No. 28-2003 for discussion. The vote on the motion failed 5-0
with voting as follows: Mr. Hoog, Against; Mr. Morgan, Against; Mayor Pro Tem
Petsos, Against; Mayor Randels, Against and Mr. Treverton, Against.
13. Motion to Approve: Ordinance No. 29-2003; Amending Chapter 74, Relating to
Penalties for Parking, for second reading.
Mayor Randels read Ordinance No. 29-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,AMENDING CHAPTER 74 OF
THE CITY CODE RELATING TO PENALTIES FOR PARKING VIOLATIONS; PROVIDING FOR
THE COORDINATION OF THE CITY'S PENALTIES FOR PARKING VIOLATION WITH
REQUIREMENTS OF THE FLORIDA STATUTES; 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.
Mayor Randels responded to Mr. Gene Petre that parking fines would be increased to
$30.00 in order to come into compliance with the Florida Statutes. Mr. Leo Nicholas
inquired about No. 6 and questioned if that should read unauthorized parking in a
handicapped space.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to
Approve Ordinance No. 29-2003 at first reading. 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.
RESOLUTIONS:
14. Motion to Approve: Resolution No. 2003-28; Vacating a (12)-Foot Wide
Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75—Avon-by-
the-Sea.
Mayor Randels reported that a letter was submitted requesting postponement until legal
counsel for one of the parties would be prepared to attend. Council agreed to proceed due
to changing the procedural form for Vacation of Public Lands from a Resolution to an
Ordinance.
For the record the title of Resolution No. 2003-28 was changed to Ordinance
No. 31[32]-2003.
Mayor Randels read Ordinance No. 31[32]-2003 by title.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL; BREVARD
COUNTY, FLORIDA, VACATING THAT PORTION OF A TWELVE-FOOT WIDE ALLEYWAY
LYING WEST AND ADJACENT TO LOTS 5, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON-BY-
THE-SEA," RECORDED IN PLAT BLOOK 3, PAGE 7, OF THE PUBLIC RECORDS OF BREVARD
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 9
COUNTY, FLORIDA, (CONTAINING APPROXIMATELY 3,257 SQUARE FEET, MORE OR LESS);
PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
RESOLUTIONS; PROVIDING FOR RECORDATION; AND PROVIDING FOR AN EFFECTIVE
DATE.
Attorney Garganese provided background on the issue summarizing that the property
owners had litigated an issue concerning the alleyway and part of their settlement
agreement was to re-petition the City for the vacation of this alleyway, which is the matter
before the Council. In review of the record, a previous Council had adopted a Resolution
vacating this alleyway in 1973 with a condition prior to its recording in the Public Records
however the condition was not fulfilled and the Resolution was subsequently not recorded.
Attorney Garganese advised that the Council focus on the issue of"does the alleyway
serve a public purpose," on the decision to vacate. Mr. Treverton asked if the vacation
could be retroactive to 1973. Attorney Garganese replied no. Mr. Hoog asked for the
previous condition on the vacation. Attorney Garganese replied that the condition called for
construction in order to vacate. Jason Hedman attorney for Mr. and Mrs. Moriarity, owners
of Lot 13, addressed the Council and referred to Page 49 in the package. Attorney
Hedman clarified that he did not represent any of the other parties involved. He referred to
a memo from former Code Enforcement Officer, Greg Mullins to then Building Official,
Dennis Franklin that outlines the history of Resolution No. 73-11 that was also attached.
Mr. Treverton inquired which parties were in favor of vacating. Mr. Schoenfeld expressed
that his legal counsel was not available and he had submitted a letter requesting a delay.
Mr. Morgan replied that since the Resolution was now an Ordinance he would have
additional time for representation. Mr. Morgan noted that Lot 5 was legally permitted to
make additions on his property. He said that the City was responsible to either make his
construction non-conforming or pay him for the concrete poured. Mr. Morgan stated that if
the Council vacates the alleyway, the driveway for Lot 5 goes into the other half of the
alleyway. Attorney Hedman distributed a letter entitled a Summary of Petition to Vacate
the Alleyway and stated that there were signed consents from all adjoining property
owners. Attorney Hedman summarized the points in the Petition as: 1)the petition is to
correct a misunderstanding on the vacated property. Mayor Randels inquired why the Title
insurance did not cover that aspect of transferring property. Since public records were not
researched throughout the transfers of deeds among subsequent property owners, each
owner assumed what they thought was ownership of a vacated property. Attorney
Hedman continued with Point number 2) public purpose, does it serve viable use, Point
number 3) to expedite the time in resolving the issue and Point number 4)there is no
recorded vacation of this alleyway verified by Forrest Broker in Item No. 66 in the Planning
and Zoning package. Attorney Hedman had also submitted copies of the settlement suit,
Items No. 77-83. He became involved when Mr. Moriarity was informed that he would no
longer have access to his home due to an anticipated fence installation that followed in a
20-foot access easement agreement. Consequently, there was still the issue of the
alleyway and it was determined to vacate the alleyway in order to provide all parties with
an additional 12-feet providing 6-feet to the property owners on either side of it.
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 10
Mayor Randels pointed out that for some property owners the allocated 6-feet would
extend beyond that measurement. Attorney Hedman stated that public purpose was the
rationale. He stated that those in Siesta Del Mar had consented. Mr. Hoog noticed that
Lots 5 had a structure in the alleyway and he inquired about the outcome of vacating.
Mayor Randels clarified that the Council's only focus was to decide on whether to vacate
the alleyway. Mr. Vicidomini, of Lot 11, said that Lots 10 through 12 would have the
problem of litigation at this point the City owns the property. He pointed out that if the
alleyway is vacated then there is an access egress issue. Mr. Vicidomini stated that one of
the points of previous litigation was whether the alleyway was vacated. He expressed that
he did not desire to maintain or make changes to the alleyway after the City vacates it. Mr.
Hoog pointed out that Lot 5 was permitted through the City for a driveway and the problem
lies in that the Resolution was not recorded and these things were performed in a non-
conforming manner.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
extend the meeting until 10:30 P.M. 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.
Mr. Vicidomini expressed that if there are obstructions in the alleyway, he would prefer that
the City correct them prior to vacating. Mr. Hoog expressed that the City neglected to
record the Resolution and subsequent construction was permitted. Mayor Randels clarified
that the previous Resolution was adopted contingent upon an action. Mr. Boucher stated
that a review of the documentation was needed of what was provided to the Building
Department for construction. Mr. Hoog asked the City Attorney if Lot 11 decided to sell the
property is it required to disclose in the deed that the property has ingress and egress to
Lot 12 and 13. Attorney Garganese affirmed. Mrs. Vicidomini expressed that when Lot 11
was purchased the property transferred with the Lot plus the eastern 6-feet of the vacated
alley in their title. When the Kister's purchased Lot 12 they too were transferred with the
Lot plus 6-feet of the vacated alleyway. Mr. Moriarity of Lot 13 also had 6-feet of the
vacated alleyway. Mrs. Vicidomini stated that when Mr. Moriarty installed his driveway he
moved farther into the stated 6-feet of the vacated alley. The property owners merely
wanted to know if the City had vacated the alley. Mrs. Vicidomini expressed that little
headway was made with the City in establishing if the alleyway were vacated since she
began her inquiry in the early 1990's. Mr. Treverton asked the City Attorney if the alleyway
could be vacated with conditions. Attorney Garganese replied that the alleyway is not used
for utility purposes and therefore serves no public purpose.
Attorney Garganese stated that the City would encounter private issues on who has the
obligation of maintaining the ingress and egress. Mayor Randels made a point of order
that the City's decision is to determine if the alley serves a public purpose. Mr. Walter
Schoenfeld, of Lot 5, stated that the City has issued him four building permits and he also
had the authorization of the title company and the surveyor. He stated that vacating the
alleyway would ensue for him a civil suit with his neighbors and therefore this decision
would not benefit his property. Mr. Hoog suggested that the owner of Lot 5 remove the
City of Cape Canaveral, Florida
City Council Regular Meeting
September 2, 2003
Page 11
existing shed and the City could bear the expense of paving 150-feet and change the
driveway accesses from Lots 12 and 13 off of Lot 11. Mayor Randels clarified that if the
City paved the entire 12-feet of the alley allowing access to Lot 12 and 13 off the alley and
eliminated people driving through Lots 11 and 12 the City would keep and maintain the
alley. Attorney Hedman responded that the two condominiums have been platted over an
alley that was not legally vacated and these legal problems would remain. However, if the
City finds that there is no public purpose then the decision to vacate is that of the Council.
Mr. Hoog re-stated his point to pave the alleyway and then vacate it. Mayor Randels
concluded that no motion or action was taken on the ordinance and a first reading
would defer to the next City Council meeting and the remaining Agenda Items
would also be on the next meeting.
ADJOURNMENT:
There being no further discussion, the Chair adjourned the meeting at 10:30 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
E
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
A V4
Heading Considerations
CRY OF Item 2
CAPE CANAVERAL No.
AGENDA REPORT
MY COUNOL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: ENGINEERING SERVICES PROPOSAL FOR WASTEWATER
FACILITY IMPROVEMENTS
DEPT./DIVISION: WASTEWATER/PUBLIC WORKS
Requested Action:
City Council consider the engineering services proposal from Brown&Caldwell in the amount of$126,324 for the
wastewater facility improvement project as recommended by the public works director.
Summary Explanation& Background:
See attached correspondence from the public works director and Brown&Caldwell.
I still have questions about task 2.3, prepare bid documents in the amount of$33,355, and task 4.2, construction
observation in the amount of$51,362.
At this time, I would not recommend approval until the public works director can explain the task items he
negotiated with Brown&Caldwell.
Exhibits Attached:
Proposal;public works director's memos;B&C inerno
City Manager's Office Department WASTEWATER/PUBLIC WORKS
6 4P,V.,K t-)ZA, b t, ,,J-C�
cape-nt\kim\mydocuments\admin\council\meeting\2003\09-16-03\b&c.doc
City Managers Office
Memo
To: ED GARDULSKI, PUBLIC WORKS DIRECTO
From BENNETT C. BOUCHER, CITY MANAGE
Date: 8/27/2003
Re: BROWN&CALDWELL ENGINEERING SERVICES PROPOSAL FOR THE
WASTEWATER FACILITY IMPROVEMENTS
Upon review of your recommendation letter and Brown & Caldwell's proposal, the following
are my comments:
1: Your memo should explain why we shifted from design/build proposal to design and
bid documents,
2. You need to provide an explanation of the proposed tasks and the cost associated for
each task,
3. State that Brown &Caldwell has a continuing contract with the City and this proposal
conforms to City and State purchasing/bid requirements,
4. You need to state the estimated construction cost and the percent of engineering cost
for this project, ,
5. The proposal has no time frame for completion of tasks.
Please address these issues and submit your revised recommendation and proposal b
'n order for this item to be placed on the 09-16-03 City Council agenda for
cons erdtion.
BCB:kmm
Page 1
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: August 25, 2003
RE: Agenda Item for September 2, 2003
Wastewater Treatment Facility Improvement Design and Permitting
Brown and Caldwell Engineering Services
The Public Works Department budged funds for the evaluation of the City of Cape
Canaveral's reclaimed water system. As part of this study, Brown and Caldwell Engineering will
evaluate the existing reclaimed water storage,pumping and distribution system. The goal of this
project is to identify improvements to the delivery of reclaimed water to the service area. More
so, with the information provided the City of Cape Canaveral would be able to have a better
understanding for budgeting capital projects. On March 19, 2002 City Council approved the
study. Hence, as the result of this study Staff recommends that Brown and Caldwell Engineering
Services prepare the Engineering Design, required DEP Permitting and Bid Documentation for
the construction of the improvement. This task is in compliance with the RFP 01-01 awarded by
City Council.
Attached is the proposal from Brown and Caldwell Engineering. In summary, this
engineering services includes the following items:
1. Sodium Hypochlorite System.
2. Laboratory Ventilation Improvements.
3. Reclaimed Water Plant Improvement.
4. DEP Permitting Operational Changes
The total project cost in the amount of$117,564. Funds have been budgeted in next fiscal year
budget.
Recommend approval of the design and permitting of the City Reclaimed Water Facility
Improvement by Brown and Caldwell Engineering as outlined by the proposal in the amount of
$117,564 and the appropriation of funds.
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: September 5,2003
RE: Agenda Item for September 16,2003
Wastewater Treatment Facility Improvement Design and Permitting
Brown and Caldwell Engineering Services
The Public Works Department budged funds for the evaluation of the City of Cape Canaveral's reclaimed
water system. As part of this study,Brown and Caldwell Engineering will evaluate the existing reclaimed water
storage,pumping and distribution system. The goal of this project is to identify improvements to the delivery of
reclaimed water to the service area. More so,with the information provided the City of Cape Canaveral would be
able to have a better understanding for budgeting capital projects. On March 19,2002 City Council approved the
study.
Council requested a design build proposal from Brown and Caldwell.Unfortunately,a legal opinion from
the City Attorney stated that: "Municipal construction, like the City's new wastewater treatment system. Which are
projected to cost in excess of$200,000,are required to comply with the competitive bidding requirements set in
Section 225.20,Florida Statutes."
Hence, as the result of this study Staff recommends that Brown and Caldwell Engineering Services prepare
the Engineering Design,required DEP Permitting and Bid Documentation for the construction of the improvement.
This task is in compliance with the continuing contract RFP 0 1-0 1 awarded by City Council. Hence,this proposal
conforms to City and State purchasingibid requirements.
Attached is the proposal from Brown and Caldwell Engineering. In summary,this engineering services
includes the following items:
1. Sodium Hypochlorite System.
2. Laboratory Ventilation Improvements.
3. Reclaimed Water Plant Improvement.
4. DEP Permitting Operational Changes
The total project cost in the amount of$126,324. Funds have been budgeted in next fiscal year budget. Brown and
Caldwell will be present to provide an explanation of the proposed task and the cost associated,the probable
construction cost and the work schedule for engineering.
Recommend approval of the design and permitting of the City Reclaimed Water Facility Improvement by
Brown and Caldwell Engineering as outlined by the proposal in the amount of$126,324 and the appropriation of
funds.
September 9, 2003
Mr. Ed Gardulski
Public Work Director
600 Tower Boulevard
P.O. Box 326
Cape Canaveral, Florida 32920-0326
22
Subject: Cape Canaveral Water Reclamation Facility
Issues Related to the Engineering Proposal for the
Proposed Treatment Facility Modifications
Dear Mr. Gardulski:
As we discussed, the following responses are given to questions concerning
Brown and Caldwell's recent proposal:
Comment: Provide a Project Schedule
Response: A schedule is attached. We anticipate that engineering will take
two months, followed by an additional month for project permitting. The
proposed modifications should be in operation by the end of fiscal year
2004.
Comment: Justify the Engineering Costs as a Percentage of Construction
Costs.
Response: The estimated construction cost of the proposed facility
modifications is approximately$800,000. The requested engineering fee of
$126,324 is approximately 15.8% of the estimated construction costs. This
project is slightly higher than a typical engineering project percentage of
10%to 12% due to the complexity of the work involved, the amount of
construction administration required, and the difficulty of modifying
existing facilities.
Comment: Explain the Breakdown of Work in Task 2: Preparation of
Contract Documents.
Response: For budget development purposes, this task has been broken
down into subtasks: 2.1: Engineering Design, 2.2: Cost Estimate, and 2.3
Prepare Bidding Documents. Engineering design is the engineering
analysis required to select the necessary equipment, size the associated
piping, coordinate with the power company, configure the process flow
Cape Canaveral\2002 ProposalsTroposal Letter.doc
Mr. Ed Gardulski
September 9, 2003
Page 2 of 2
diagrams, and to evaluate process and hydraulic impacts. Cost estimating is
the process to arrive at an opinion of probable cost to assist the City in the
final allocation of necessary funds prior to project bidding. Finally, Prepare
Bidding Documents is the process where engineering information
developed in Subtask 2.1 is developed into a set of construction documents.
Construction documents include project construction drawings developed
using AutoCAD 2000 and construction specifications and bidding
information developed in Microsoft Word. For the project modifications,
we anticipate the following drawings:
Drawing Title
G-1 Cover Sheet
G-2 Drawing Index, Location Map and Notes
G-3 Process Flow Diagram(Reclaimed Water System)
G-4 Process Flow Diagram(Sodium Hypochlorite System)
C-1 Site Plan
M-1 Yard Piping Plan
M-2 Expanded Yard Piping Plan
M-3 Reclaimed Water Pumping System—Plan and Sections
M-4 Reclaimed Water Storage Tank—Plan and Sections
M-5 Sodium Hypochlorite Storage and Feed System—Plan and
Sections
M-6 Mechanical Details
S-1 Structural Details and Notes
S-2 Structural Plans
E-1 Electrical Site Plan
E-2 Electrical Single Line Diagram
E-3 Electrical Riser Diagram
E-4 Electrical Control Panels
I-1 Instrumentation and Control—Diagrams
Thank you for the opportunity to help you and the City of Cape Canaveral.
If you have any additional questions, please do not hesitate to call me.
Sincerely,
BROWN AND CALDWELL
Ted Hortenstine, P.E.
Office Leader
Cc: Bennett Boucher, City of Cape Canaveral
CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK3\Response Letter 9903.doc
PROPOSAL TO PROVIDE DESIGN-MOU SERVICES
ENGINEERING AND CONSTRUCTION OF WASTEWATER TREATMENT
SYSTEM IMPROVEMENTS
CAPE CANAVERAL WATER RECLAMATION FACILITY
The following sections describe the approach, scope of services, schedule and fee for the
engineering services to be provided by Brown and Caldwell for this project.
PROJECT APPROACH
The City of Cape Canaveral has chosen to implement recommended modifications and
improvements to the existing water reclamation facility. The recommended
modifications and improvements consist of the following:
• Convert to liquid sodium hypochlorite from gaseous chlorine
• Renovate existing laboratory ventilation system and improve stack discharge
• Modify the existing reclaimed water storage and pumping system
The City has decided to convert from the use of gaseous chlorine to liquid sodium
hypochlorite as the final disinfectant. This conversion will eliminate the dangers
associated with gaseous chlorine. Brown and Caldwell will develop a design in
accordance with current FDEP regulations, and the system will be constructed by The
Haskell Company in a manner that will maintain continuous operation of the existing
chlorination system through the conversion process.
The City had Micro Filtrations, Inc. perform a performance test on the existing laboratory
ventilation system. Micro Filtrations, Inc. recommended that the discharge ductwork be
renovated and that the discharge stack be extended to discharge above the roofline of the
two-story part of the existing building. Micro Filtrations, Inc. also recommended that a
scrubber system be installed on the discharge of the fume hood. Brown and Caldwell
will design and permit the proposed improvements. At this time, we do not recommend
that a scrubber be installed until after the renovations have been performed and sufficient
time has elapsed to determine whether one is needed.
Based on the recommendations of the Reclaimed Water Improvement Study prepared by
Brown and Caldwell, the City desires to increase the pumping capacity of the existing
reclaimed water pumping system. Also, in lieu of constructing a new 1.5 MG ground
storage tank, the City wishes to utilize the existing 1.4 MG reject storage tank on an as-
needed basis for additional operational storage. The use of the tank must be in
1
CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK3\DB Proposal for RW and NaOCI(Revised
8_19).doc
accordance with current FDEP regulations. As such, Brown and Caldwell proposes to
design system improvements consisting of the following:
• Add two additional 50-HP Reclaimed Water Pumps.
• Provide a Variable Frequency Drive that can be assigned to either pump via a
selector switch.
• Provide an automatic isolation valve between the existing reclaimed storage tank
and the existing pumps.
• Provide a new line connecting the existing Reject Storage Tank and the suction
line to the reclaimed water pumps. An automatic valve will be placed in this line.
• Provide a new line connecting the existing Reject/EQ Tank and the reclaimed
water transfer line. An automatic valve will be placed in this line.
• Provide an automated system that will meet the requirements of FDEP concerning
the operation of the system.
• Provide a cover on the existing reject storage tank to avoid the growth of algae
during times when the tank is in use as a reclaimed water storage tank.
• Provide a connection line with a reducing valve between the reclaimed water
distribution pumps and the 1.0 MG reclaimed water storage tank to allow the
pumps to be used to empty the 1.4 MG reclaimed/reject storage tank.
• Remove and salvage the existing hydropneumatic tank.
SCOPE OF SERVICES
The following work activities will be performed:
Task 1 —Review Available Data
• Brown and Caldwell will review available design drawings and as-built information
for the impacted areas.
• Brown and Caldwell will visit the site to compare record information and survey data
to the existing plant site. Site drawings will be prepared to reflect actual conditions.
Task 2—Preparation of Contract Documents
• Contract documents consisting of both plans and specifications will be prepared for
construction and permitting of the proposed plant improvments.
• Bidding documents will be prepared for bidding the work contained in the contract
documents.
2
CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK3\DB Proposal for RW and NaOCI(Revised
8_19).doc
• Two review meetings will be held during the design phase to review design concepts
with City staff.
• Brown and Caldwell will prepare the necessary permit applications and will respond
to any requests for additional information that the permitting agency may have.
Brown and Caldwell will be responsible for obtaining the necessary clearances to
place the completed system into operation.
Task 3 —Project Permitting and Bidding
• Brown and Caldwell will prepare the necessary permit applications and will respond
to any requests for additional information that the permitting agency may have.
Brown and Caldwell will be responsible for obtaining the necessary clearances to
place the completed system into operation. Required permit fees are not included in
the budget.
• Brown and Caldwell will assist the City with the public bidding of this project. Work
activities will include preparation of a legal advertisement, responding to questions
from bidders,preparation of addenda, attendance at the bid opening, review of bids
and references, and recommendation of contract award.
Task 4—Construction Management
• Brown and Caldwell will manage and observe construction of the plant
improvements.
• Brown and Caldwell will review information from the contractor associated with
construction of this project including requests for information, shop drawings, pay
requests and record drawing mark-ups.
• Brown and Caldwell will observe construction activities in sufficient detail to provide
final certification of the project. Critical construction will be observed, however, a
full-time project representative is not proposed for this project. For budgeting
purposes, one person will be provided to observe construction for two months out of
the anticipated 6-month construction period.
• Brown and Caldwell will amend the existing Operations and Maintenance Manual to
reflect the process modifications.
• After construction is completed, Brown and Caldwell will assist in the start-up and
troubleshooting of the process modifications. Training will be provided by the
Manufacturers for the major equipment provided under this contract.
3
CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK3\DB Proposal for RW and NaOCI(Revised
8_19).doc
PROJECT SCHEDULE
Brown and Caldwell will complete the design and submit the necessary permit
applications within 3-months of project authorization. Also, a construction activity
schedule and cost estimate will be provided at this time detailing the sequence and
duration of the construction. The overall duration of the project should not exceed one
year.
PROJECT FEE
Brown and Caldwell proposes to perform the Scope of Services identified in this proposal
for $126,324. A detailed cost breakdown is attached.
4
CADocuments and Settings\bennettb\Local Settings\Temporary Internet Files\OLK3\DB Proposal for RW and NaOCI(Revised
8_19).doc
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Meeting Type: Regular
Meeting Date 09-16-03
r
AGENDA
Heading Ordinances-2n'Reading
M
Crry OF Item 3
CAPE CANAVERAL No.
AGENDA REPORT
CITY COUNCIUL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 29-2003, AMENDING CHAPTER 74 RELATING TO PENALTIES
FOR PARKING VIOLATIONS
DEPT./DIVISION: PUBLIC SAFETY/POLICE
Requested Action:
City Council consider adoption of Ordinance No. 29-2003,relating to penalties for parking violations.
Summary Explanation& Background:
This code amendment updates our parking penalties to be consistent with F.S. 318.18.
1 recommend approval.
Exhibits Attached:
;City Attorney's memo dated 08-21-03;Ordinance No.29-2003
City Ma Mee Department PUBLIC SAFETY/POLICE
77( !
�im\mydot-ament-.r—�ifi\council'��ing'\2003\09-16-03\29-2003.doc
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attorneys at Law
Usher L.Brown• Offices in Orlando,Kissimmee, Debra S.Babb-Nutcher
Suzanne D'Agresta° Cocoa&Viera Jeffrey P.Buak°
Anthony A.Garganese° John U.Biedenharn,Jr.
Gary S.Salzman' Joseph E.Blitch
John H.Ward' Douglas Lambert
Jeffrey S.Weiss Jennifer A.Michael
Michelle A.Reddin
'Board Certified Civil Trial Lawyer Erin J.O'Leary
*Board Certified Business Litigation Lawyer Of Counsel
'Board Certified City,County&Local Government Law
August 21, 2003
VIA Facsimile & U.S. Mail
321-868-1224
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Review of Parking Citation Form
Ordinance - Parking Violation Penalties
City of Cape Canaveral - Police
Our File No.: 513-012
Dear Bennett:
Please allow this correspondence to serve as a followup to our conversation
regarding the proposed parking citation form. As I indicated, the substance of the form is
fine, however, the penalties provided within the form and within Chapter 74 of the City
Code are not consistent with the penalties provided in Chapter 318 of the Florida Statutes.
Chapter 74 of the City Code adopts the uniformed regulations provided under
Sections 316.194 and 316.1945 of the Florida Statutes. As such, the penalty provisions
for such violations should be consistent with Chapter 318.
Therefore, we have included herewith a short ordinance revising Section 74-57 of
the City Code, bringing the City's penalties in line with the Florida Statutes. Please be
advised that some of the penalties, such as parking in a reserved zone without a permit,
are not provided for under either 316.194 or 316.1945, Florida Statutes, but are specifically
225 East Robinson Street,Suite 660-P.O.Box 2873•Orlando, Florida 32802-2873
Orlando(407)425-9566 Fax(407)425-9596-Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566
Website:www.oriandolaw.net-Email:firm@orlandolaw.net
Bennett Boucher, City Manager
August 21, 2003
Page 2
provided for by the City Code. Therefore,the penalty would not necessarily have to be the
same as provided in Chapter 318 for a nonmoving violation, but for the sake of
consistency. We have amended all of the penalties, other than handicap and parking on
the ocean dunes, $30.00 for enforcement purposes.
If you have any questions regarding this matter, please do not hesitate to contact
our offices.
Very truly yours,
Jeffrey P. Buak
Assistant City Attorney
JPB/jdw
Enclosure: Ordinance
FADocs\City of Cape Canaveral\Correspondence\Boucher\Parking_Violation_Penalties_LtrOB2103.wpd
ORDINANCE NO. Z4-2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA,AMENDING CHAPTER 74 OF THE CITY CODE
RELATING TO PENALTIES FOR PARKING VIOLATIONS;
PROVIDING FOR THE COORDINATION OF THE CITY'S
PENALTIES FOR PARKING VIOLATION WITH THE
REQUIREMENTS OF THE FLORIDA STATUTES;
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. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS,the City has adopted Sections 316.194 and 316.1945,Florida Statutes, for the
regulation of vehicles which are stopped, standing or parked within the City limits; and
WHEREAS, Sections 316.194 (4) and 316.1945(4), Florida Statutes, provide violations
under such section shall be noncriminal traffic infractions,punishable as provided in Chapter 318,
Florida Statutes; and
WHEREAS, Section 318.18, Florida Statutes provides that the penalty for a nonmoving
violations is to be $30.00; and
WHEREAS,the City Council desires to update its Code of Ordinances to be consistent with
the adopted provisions of the Florida Statutes; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
City of Cape Canaveral
Ordinance No.
Page 1 of 3
Section 2. Code Amendment. That Section 74-57, entitled Penalties, of the Code of
Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type
indicates additions and strikeout type indicates deletions,while asterisks (* * *)indicate a deletion
from the Ordinance of text existing in Section 74-57. It is intended that the text in Sections 74-57
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance).
Sec. 74-57. Penalties.
Any person violating this article shall be punished in accordance with the schedule as
follows:
Violation Penalty
(1) Parked in excess of authorized $25.00 30.00
time
(2) Parked in no parking zone 25.00 30.00
(3) Parked in loading zone 25.00 30.00
(4) Parked in reserved zone without 25.00 30.00
permit
(5) Parked irregularly(extending over 25.00 30.00
boundary)
(6) Parked in handicapped space 100.00
(7) Parked double or obstructing 25.00 30.00
traffic
(8) Parked on sidewalk 25.00 30.00
(9) Parked on ocean dunes 100.00
(10) Parked in fire lane 25.60 30.00
(11) Other 25.00 30.00
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.
City of Cape Canaveral
Ordinance No.
Page 2 of 3
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section,subsection,sentence,clause,phrase,word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction,whether for substantive,procedural,or any other reason,such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2003.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Buzz Petsos
SUSAN STILLS, City Clerk Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
FAL.awyer\jeftb\City of Cape Canaveral\Ordinances\Parking_Violation_Fine_Update.wpd
City of Cape Canaveral
Ordinance No.
Page 3 of 3
oe
Meeting Type: Regular
Meeting Date 09-16-03 A
AGENDA
r
Heading
Ordinances-I'Reading
MY OF Item
CAPE CANAVERAL No. 4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 27-2003, CREATING A NEW CHAPTER 115, RELATING TO
VESTED DEVELOPMENT RIGHTS
DEPT./DIVISION: GROWTH MANAGENIENT/PUBLIC SAFETY
Requested Action:
City Council consider at first reading, Ordinance No. 27-2003 creating.a new Chapter 115, relating to vested
development rights as recommended by the city attorney.
Summary Explanation& Background:
The proposed ordinance would establish a new code section within the land development regulations to provide for
an orderly procedure by which the City Council can process requests made to the City for a vested rights
determination.
I recommend approval at first reading.
Exhibits Attached:
City Attorney's memo dated 08-28-03;Ordinance No. 27-2003
City=Mana fffice
Department GROWTH MGN4T/PUBLIC SAFETY
ca M\Mfdocumen �-6ting\2003\09-16-03\27-2003.doc
tff�
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attorn ys at Law
Usher L.Brown' Offices in Orlando,Kissimmee, Debra S. Babb-Nutcher
Suzanne D'Agresta° Cocoa&Viera Jeffrey P.Buak°
Anthony A. Garganese° John U.Biedenharn,Jr.
Gary S.Salzman* Joseph E.Blitch
John H.Ward' Douglas Lambert
Jeffrey S.Weiss Jennifer A.Michael
Michelle A.Reddin
'Board Certified Civil Trial Lawyer
*Board Certified Business Litigation Lawyer Erin J.O'Leary
'Board Certified City,County&Local Government Law August 28, 2003 Of Counsel
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Ordinance 27-2003, Vested Rights
City of Cape Canaveral / Our File No.: 513-001
Dear Bennett:
Enclosed is the revised Vested Rights ordinance. The Planning and Zoning Board, at its
August 27, 2003 meeting, did not recommend the adoption of the ordinance by a 3-2 vote. One
member did bring up a good idea, however, that the procedure be given its own chapter in the
Code because its application extends beyond the Zoning Code. Therefore, I renumbered the
ordinance sections to create a new Chapter 115 of the Code.
So that you know, I did find the Board's vote a little puzzling because a majority of the
members seemed to like the proposed procedure. They did not, however, like the definition of
"structure." Some members felt the definition should be the same as the Zoning Code definition
of"structure." I advised the Board that the definition for a structure in the proposed ordinance is
more suitable in the context of vested rights. In fact, the proposed definition is substantially the
same as the definition in the DRI statute, which also has a vested rights provision.
In any event, I am recommending that the City Council approve Ordinance No. 27-2003,
despite the negative recommendation of the Planning and Zoning Board. Please schedule the
Ordinance for first reading as soon as possible.
Vtrul ours,
5!
Anthony A. Garganese
City Attorney
AAG:jf
Enclosure
225 East Robinson Street,Suite 660•P.O.Box 2873•Orlando, Florida 32802-2873
Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566
Website:www.orlandolaw.net•Email:firm@orlandolaw.net
ORDINANCE NO. 27-2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA CREATING A NEW
CHAPTER 115 THE CITY OF CAPE CANAVERAL CODE OF
ORDINANCES, RELATING TO VESTED DEVELOPMENT
RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the doctrine of vested rights limits local governments in the exercise of their
zoning powers when a property owner relying in good faith upon some act or omission of the
government has substantially changed position or incurred such excessive obligations and expenses
that it would be highly inequitable and unjust to destroy the rights that the owner has acquired. City
of Key West v. R.L.J.S. Corp., 537 So.2d 641 (Fla. 3`d DCA 1989), review denied, 545 So.2d 1367
(Fla. 1989); and
WHEREAS, in light of the forgoing authority, the City Council recognizes the fact that
property owners may from time to time have vested land development rights and the City Council
desires to adopt a vested rights ordinance in order to adopt an orderly procedure by which the City
Council can process requests made to the City for a vested rights determination; and
WHEREAS,the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance
to be in the best interests of the public health, safety,and welfare of the citizens of Cape Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
HEREBY ORDAINS, AS FOLLOWS:
Section 1. 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.
Section 2. Code Amendment. The City of Cape Canaveral Code Chapter 115, Vested
Rights, is hereby created as follows(underlined type indicates additions):
City of Cape Canaveral
Ordinance 27-2003
Pagel of 10
Chapter 115 -Vested Rights
ARTICLE I. IN GENERAL
Sec. 115-1. Purpose and Intent.
In recognition that the fact that certain land development rihttss of property owners may be or
become vested with respect to the City of Cape Canaveral's Comprehensive Plan and land
development regulations adopted to imnplement the Comprehensive Planit is the intent of this Article
to provide for a fair and equitable process for the determination of whether a property owner has vested
ri ts.
Sec. 115-2. Definitions.
U The following words terms and phrases when used in this Article shall have the meanings
ascribed to them in this section except where the context clearly indicates a different
meaning:
City Attorney shall mean the City Attorney of the City of Cape Canaveral. Florida.
Citi Council shall mean the City Council of the City of Cape Canaveral. Florida.
City Manager shall mean the City Manager for the City of Cape Canaveral. Florida.
Comprehensive Plan shall mean the Comprehensive Plan for the City of Cape
Canaveral in accordance with the Local Government Comprehensive Planning and Land
Development Regulation Act(Sections 163.3161 - 163.3243.Florida Statutes),as such
plan may be amended from time to time.
Construction shall mean the introduction and use at the Development site of more than
inconsequential amounts of both labor and materials in the assembly and erection of the
Structures or infrastructure associated with the particular Development in a manner
consistent with Development permits which have been issued by the 6tv. Construction
typically means more than mere clearing, grubbing, grading, and staking the
Development site and includes Good Faith efforts on the part of the landowner to
proceed under, not merely to prolong the effectiveness of the Development order or
permit or approval in question.
Development shall mean the carrying out of anpy buildingactivity or the making of any
material change in the use or appearance of any Structure or Land.
City of Cape Canaveral
Ordinance 27-2003
Page 2 of 10
Development Order shall mean any order issued by the city granting, denyin orrantin
with conditions an application for a Development permit as that term is defined in
Section 163.3164, Florida Statutes.
Good Faith shall mean honesty of intention, and freedom from actual or constructive
knowledge of circumstances which ought to put the holder upon inquiry. Good Faith
shall not encompass dishonest fraudulent or deceitful action, ignorance of the law,
mistake of law,circumvention of legal requirements,or delay resulting from neglect or
lack of dih eg nce.
U Land shall mean the earth water and air above below, or on the surface, and includes
anYimprovements or Structures customarily regarded as Land.
10 Parcel of land shall mean any quantity of Land capable of being described with such
definiteness that its location and boundaries may be established,which is designated by
its owner or developer as Land to be used or developed as a unit or which has been used
or developed as a unit.
11 Party shall mean:
a. A specifically named Person whose substantial interests are being determined
in a vested riis proceeding_
b. Any other Person who is entitled to participate in the vested rights determination
because the Person's substantial interests maybe affected by the determination,
and who makes an appearance before the Cily Council at the vested rigbts
determination proceeding.
C. Any other Person allowed by the City Council for good cause shown to intervene
or participate in the vested rights determination.
d. Any agent,representative or counsel of any Person described in subparagraphs
(1), (2) or 3) above.
12 Person shall mean an individual corporation partnership governmental agency,
business trust estate trust association two (2) or more persons havingLa joint or
common interest, or any other legal entity.
13 Structure shall mean anything constructed installed or portable, the use of which
requires a location on a Parcel of land. It includes a movable Structure while it is
located on Land which can be used for housing,business,commercial,agricultural,or
office purposes either temporarily or permanently. "Structure" also includes fences,
City of Cape Canaveral
Ordinance 27-2003
Page 3 of 10
billboards swimming pools poles pipelines transmission lines tracks and advertising
sins.
14 Subdivision shall mean any Subdivision of Land as defined in Section 98-1,City Code.
Sec. 115-3. Vested rights permits,effect.
O Any Person mqy request from the city a determination of whether the Person's right to
complete a Development is vested pursuant to this Article notwithstanding that all or some
part of the Development is inconsistent with the City's Comprehensive Plan or land development
regulations Such request shall be made byway of application in accordance with the procedures
described in this Article.
2) Possession of a vested rights permit shall enable a permit holder to complete the Development
approved under such permit up to and through issuance of appropriate certificates of occuoancy,
subject to the limitations provided herein and subject to compliance with such laws and
regulations against which the Development is vested.
Sec 1154Exhaustion of administrative remedies required.
No applicant claiming that this Article as applied to a particular property constitutes or would
constitute an abrogation of vested rights,may pursue such claim in court unless the aoolicant has
first exhausted the administrative remedies provided in this Article.
Sec 115-5 Standards for determining vested rights.
(a) An application for a vested rights determination shall be approved if the applicant has
demonstrated all of the following:
The Wlicant in reliance upon the valid unexpired act of the City has made a
substantial change in position or has incurred extensive obligations or expenses; and
The applicant's reliance was reasonable and in Good Faith, and
It would be inequitable unjust or fundamentally unfair to destroy the rights acquired by
the applicant by means of the City's act or omission.
The criteria set forth above shall not be deemed an exclusive statement of the grounds for
determining that the right to develop or to continue the development ofproperty exists. The City
may also consider applicable statutory and case law legal authority.
City of Cape Canaveral
Ordinance 27-2003
Page 4 of 10
b� The purchase of property in reliance on then existing zoning, without more, shall not vest the
purchaser's right to develop in accordance with said zoning_
U The following are not considered Development gLxpenditures or obligations m and of themselves,
without moreunless the applicant was unable to obtain further approvals because of extraordinary
delays beyond the applicant's control:
W Expenditures for legal and other professional services that are not related to the
design or Construction of improvements,
Taxes paid; or
Expenditures for initial acquisition of the Land.
Sec 115-6. Permit expiration; substantial deviations,etc.
La) The purpose of this Article is only to specify the circumstances under which a Person may
undertake or continue the Development of Land despite the inconsistency of the Development
with the City's Comprehensive Plan and land development regulations. Nothing in this Article
shall act to create rights that otherwise do not exist. Therefore, upon the expiration of any
Development Order or permit or approval that serves as the predicate for the propgm owner's
right under this Article to develop the rights granted under the Article shall likewise expire.
Also if any application for a permit or other approval is denied or if the application is granted
but the permit or approval later expires for lack of Construction or otherwise, and if the
submission of the application serves as the predicate for the rights granted under this Article,then
the rights granted hereunder shall also expire.
�b Furthermore any such development shall continue to be subject in all respects to all laws,
ordinances rules and regulations and shall continue to be subject to all terms, conditions,
requirements and restrictions contained in M Development Order or permit or approval or
binding letter of vested riahts pertaining to the particular Development.
(c) Any substantial change or substantial deviation from the terms of the Development Order upon
which a vested rights permit was predicated shall cause the change or deviation to become
subject to the Comprehensive Plan and land development regulations.
Sec 115-7 Application for vested rights determination.
(a) Filing of Application AU Party who believes they are entitled to a vested rights permit for a
particular Development shall complete execute and file an application for a vested rights permit
with the City Manager,in accordance with this section.
City of Cape Canaveral
Ordinance 27-2003
Page 5 of 10
(b) Due date The purpose for which vested rights Its permits are issued is to provide certainty
predictability in the use and conveyance of Land and interests therein.There is no deadline,therefore,
for applying for a vested riditsts permit However,a Party shall have waived and abandoned gny claim
to vested ri0its,for aparticular property if an application for a vested rights permit is not filed within
thirty QQ)days after the following actions:
U Denial of a Development Order for that Property,when the denial is based on inconsistency
with the City's Comprehensive Plan or land development reglations or failure to meet the
concur enc requirements of the Comprehensive Plan,
U Receipt of notice of a proposed rezoning or future land use map amendment initiated by the
City for that Property.
(c) Contents oLgM ication. The application shall be contain at a minimum.
W The name of property owner,
U The address of property owner,
0 The telephone number of property owner,
The project name,if applicable;
The street address of property,if known,
U The legal description for the property;
A statement providing the factual basis upon which the application is brought and the
legal basis upon which the implication is based To comely with this provision it is
recommended an applicant submit a memorandum of law researched and prepared by
a licensed Florida attorney;
U All supporting information,includingDevglopment Orders and permits,contracts.
letters appraisals reports or any other documents items or things upon which the
implication is based;
A list of the names addresses and telephone numbers of any witnesses whom the
Mplicant shall present in support of the application and a summary of the testimony
of each witness, and
Any other information reasonably required by the City Manager or City Attorney.
City of Cape Canaveral
Ordinance 27-2003
Page 6 of 10
An incomplete or insufficient application shall be returned to the applicant for additional information.
�d) Certification by and continuing obliation o�applicant.
The signature of the applicant, or anyagent or attorney for the applicant, upon the
application shall be required and constitute a certification that the Person signing the
application has read the application and relevant supporting information and that to the
best of the Person's knowledge and belief the same is true and correct.
Until the proceedings to grant or deny the application are final(including the time during
which judicial appeals are pending),the applicant shall have a continuing obligation to
correct any statement or representation found to have been incorrect when made or which
becomes incorrect by virtue of changed circumstances.
Sec. 115-8. Review and recommendation by City Attorney.
Ca) To facilitate the City Council's review of a vested fights application,the City Attorney shall review
all applications and evidence filed pursuant to this Article. The City Attorney shall have the
authori1y to request additional information from the applicant or interested persons which is
relevant to the vested rights determination. No application shall be deemed complete until all
information requested has been supplied or until such request is withdrawn.
Unless additional time is granted by the City Council, the City Attorney shall prepare a
preliminary non-binding_report within forty-five(45)calendar days after receipt of a complete and
sufficient application The report shall be supported by written findings of fact and conclusions
of law based on the information and evidence furnished at the application stage.
Ucj The City Attorney shall submit the report to the City Council. A copy of such report shall be
provided to the applicant and the City Manager.
U Upon receipt of the City Attorne�eportthe City Manager shall schedule a public
hearing before the City Council regarding the he application for vested rights.
Sec. 115-9. Supplemental Evidence.
Within seven(7) calendar days after receipt of the written report by the City Attorney,the applicant
may supplement the information contained in their application.
Sec. 115-10. Vested Rights Agreements.
Nothing contained in this Article shall prohibit the City Council from entering into a vested rights
axeement with a Pgly for purposes of resolving_any claim for vested rigjuts.
City of Cape Canaveral
Ordinance 27-2003
Page 7 of 10
Sec. 115-11. Public Hearin.
U The Cily Manager shall schedule a public hearing before the City Council to be held within thirty
(30)days of the City Manager's receipt of either(i)the written report by the City Attomey;or(ii)
a proposed vested rights agreement.
b All hearings shall be open to the public and shall be advertised in a newspaper of general
circulation not less than ten(10)&3ys prior to the date of the hearing_
U The parties before the City Council shall be the applicant,the applicant's witnesses,if any,city staff,
interested members of the public if any,and witnesses of the interested members of the public,if
any.Any interested member of the public who participates at the hearing shall leave his or her name
and mailing address with the city clerk.
Testimony and evidence shall be limited to matters directly relating to the application and
Development Irrelevant immaterial or unduly repetitious testimony or evidence may be excluded.
Le) The applicant shall have the burden of coming forward with the evidence and the burden of
proof. The decision of the City Council shall be based on competent substantial evidence.
�1 Minimum due process rocedures shall apply including notice an opportunity to be heard in
person or by counsel and the right to cross-examine witnesses. Cross examination shall be
confined as closely as possible to the scope of direct testimony. The City Council reserves the
right to call and question witnesses or request additional evidence as they deem necessary and
gppropriate.
To that end if during the hearing the Cijy Council believes that any facts,claims,or allegations
necessitate review and response by either the applicant city staff,or both then the City Council
may continue the hearing until a date certain. The City Council shall decide all Question of
procedure and standing.
The City Council shall approve or deny in whole or in part the claims of the applicant. Such
decision shall be render in writing within fourteen(14)calendar days after the hearing concludes.
The decision of the City Council shall contain findings of fact and conclusions of law,and shall
provide the legal description of the property to which it applies It may contain reasonable
conditions necessary to effect the purposes of this Article. The decision shall be filed with the
City Manager and a copy provided to the applicant by certified mail return receipt requested.
Sec. 115-12. Issuance vested rights permit.
If the application for a vested rigNts permit is granted the City Manager shall issue a vested fights permit
allowing the applicant to develop or continue to develop the vested development in question,
City of Cape Canaveral
Ordinance 27-2003
Page 8 of 10
notwithstanding anyprovision of the Cily's Comprehensive Plan or land development regulations with
which the continued develgpment would otherwise appear to be inconsistent.
Sec. 115-13. Judicial review.
Any Person aggrieved by a final decision of the City Council under this Article shall have the right to
appeal the final decision to a court of competent j-urisdiction. The record before the circuit court shall
consist of the complete record of the proceedings before the City Council.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council,or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason,such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
Charter.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance 27-2003
Page 9 of 10
ADOPTED by the City Council of the City of Cape Canaveral,Florida,in a regular meeting
assembled on the day of 52003.
ROCKY RANDELS, Mayor
ATTEST:
For Against
SUSAN STILLS,City Clerk Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
F:\Docs\City of Cape Canaveral\Ordinances\Vested_Rights_27-2003.wpd
City of Cape Canaveral
Ordinance 27-2003
Page 10 of 10
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
fill�G
W..
Heading "Reading
CfTY OF
CAPE CANAVERAL item 5
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 32-2003, VACATING A(12) FOOT WIDE ALLEYWAY ADJACENT
TO LOTS 5, 10, 11, 12, 13, 14 AND 15 OF BLOCK 75 OF AVON BY THE SEA
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
City Council consider at first reading Ordinance No. 32-2003 vacating a(12)foot wide alleyway adjacent to Lots 5,
10, 11, 12, 13, 14 and 15 of Block 75 of Avon by the Sea subdivision, as recommended by the Planning&Zoning
Board.
Summary Explanation& Background:
As the city attorney mentioned in the attached memo of 07-02-03, some of the surrounding property owners have
been embroiled in a property lawsuit. Said parties to the suit agreed to a stipulated judgment(attached),winch was
signed by Judge Maxwell.
Paragraph 14 of the stipulated judgment states that the parties will cooperate in petitioning the City to vacate the
alleyway and pay the City any administrative costs and recording fees.
I recommend approval.
Exhibits Attached:
Ordinance No. 32-2003 and supporting documents
City Ma rMe cDepartment P&Z/GROWTH MGMT
Y3 ent n\,,un,:il\.mieelting\2003\09-16-03\32-2003.doc
ORDINANCE 32-2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
VACATING THAT PORTION OF A TWELVE-FOOT WIDE
ALLEYWAY LYING BETWEEN AND ADJACENT TO LOTS 5,
10, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON BY THE
SEA," RECORDED IN PLAT BOOK 3, PAGE 7, OF THE
PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA,
(CONTAINING APPROXIMATELY 3257 SQUARE FEET, MORE
OR LESS); PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has been asked to
consider vacating the aforementioned alleyway; and
WHEREAS, public utilities are not presently located within the alleyway; and
WHEREAS, the City Council of the City of Cape Canaveral hereby finds that there is
no longer a public need for the alleyway; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance
is in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Council of the
City of Cape Canaveral.
Se i§gn 2. Vacation of Alleyway. The City of Cape Canaveral hereby vacates
that portion of a twelve-foot wide alleyway lying between and adjacent to Lots 5, 10, 11, 12,
13, 14 and 15, Block 72 of "AVON BY THE SEA," recorded in Plat Book 3, Page 7, of the
Public Records of Brevard County, Florida (containing approximately 3257 square feet, more
or less).
.J 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.
City of Cape Canaveral,Florida
Ordinance into.32-2003
Page 1 of 2
8ecj-19—n4. 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.
S29ft5. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day
Of . 2003.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Susan Stills, CITY CLERK Steve Miller
Jim Morgan
Rocky Randels
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY Richard Treverton
OF CAPE CANAVERAL ONLY:
Anthony A. Garganese, CITY ATTORNEY
City of Cape Canaveral,Florida
Ordinance No.32.2003
Page 2 of 2
City of Cape Canaveral
CM(W
IV
Date: August 18, 2003
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning& Zoning Board y �
Re: Vacation of Alleyway Request - Resolution
------------------------------------------------------------------------------------------------------------
The Planning & Zoning Board reviewed the above referenced resolution and concluded
that in the best interest of the City the City Council should approve this request.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
RESOLUTION 2003-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT
PORTION OF A TWELVE-FOOT WIDE ALLEYWAY LYING WEST AND
ADJACENT TO LOTS 5, 10, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON
BY THE SEA," RECORDED IN PLAT BOOK 3, PAGE 7, OF THE PUBLIC
RECORDS OF BREVARD COUNTY, FLORIDA, (CONTAINING
APPROXIMATELY 3257 SQUARE FEET, MORE OR LESS); PROVIDING
FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS; PROVIDING FOR RECORDATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has been asked to
consider vacating the aforementioned alleyway; and
WHEREAS, public utilities are not presently located within the alleyway; and
WHEREAS, the City Council finds that the best interests of its citizens will be served
by the closure and vacation of that portion of the alleyway described herein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, that:
Section 1. Recitals. The foregoing recitals are affirmed and incorporated as part
of this Resolution.
Section 2. Vacation of Alleyway. The City of Cape Canaveral hereby vacates
that portion of a twelve-foot wide alleyway lying west and adjacent to Lots 5, 10, 11, 12, 13,
14 and 15, Block 72 of "AVON,BY THE SEA," recorded in Plat Book 3, Page 7, of the Public
Records of Brevard County, Florida (containing approximately 3257 square feet, more or
less).
Section 3. Severability. If any section, clause, phrase, word, or provision is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for
substantive or procedural reasons, 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 resolution.
Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council are hereby repealed.
Section 5. Recordation. The City Clerk is hereby directed to promptly record this
Resolution in the Public Records of Brevard County, Florida.
City of Cape Canaveral, Florida
Resolution No. 2003-28 O
Page 1 of 2 lJ
Section 6. Effective Date. This resolution shall become effective immediately
upon its 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 , 2003.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Susan Stills, CITY CLERK Jim Morgan
Buzz Petsos
Rocky Randels
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY Richard Treverton
OF CAPE CANAVERAL ONLY:
Anthony A. Garganese, CITY ATTORNEY
City of Cape Canaveral, Florida
Resolution No.2003-28
Page 2 of 2 c�
J,
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Attorneys at Law
L'sner L. Brown ' Offices in Orlando_,Kissimmee, Debra S.Babb-Nutcher
Suzanne D'Agresta- Cocoa&V iera Jeffrey P.Buak
AnUliony A.Garganese= John U.Biedenham,Jr.
Gary S.Salzman* Joseph E. Blitch
John H.Ward' Michelle H.Brett
Jeffrey S.Weiss Douglas Lambert
Jennifer A.Michael
Michelle A.Reddin
"Board Certified Civil Trial Lawyer Vincent E. Scarlatos
'Board Certified Business Litigation Lawyer —
'7oard Certified City,County&Local Government Law
Jul 22003 Erin O'Leary
July C Of Counsel
Bennett Boucher, City Manager
City Of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Resolution -Vacation of Alleyway
City of Cape Canaveral - Our File No.: 513-008
Dear Bennett:
I have reviewed the file provided by staff regarding the vacation of the alleyway near Lincoln
Avenue and have spoken with Attorney Jason Hedman regarding the same. Based on my review,
the City can proceed with the vacation of the alleyway, provided the City and the public utilities
operating within the City do not have any use for it.
As an interesting side note, it appears that some of the surrounding property owners have
been embroiled in a property,la'w suit. The parties to the suit are Moriarty, Kister, and Tides Inn
Condominium, Inc. The parties ultimately settled their suit and agreed to a stipulated judgment
which was signed by Judge Maxwell. Paragraph 14 of that judgment states that the parties will
cooperate in petitioning the City to vacate the alleyway. Further, the parties agreed to pay any
administrative costs imposed by the City including publication fees and recording fees. The City
should prepare the necessary invoice and remit it to the parties for reimbursement prior to the City
Council's adoption of the resolution. You may want to seek reimbursement of attorneys' fees for
my time in reviewing the file and preparing the resolution (approximately 2.0 hours).
Please submit the resolution to the Planning and Zoning Board for recommendation to the
City Council. In addition, the City should notice the adjacent property owners of the Planning and
Zoning and Council meetings.
V truly ours,
Anthony A. Garganese
City Attorney
AAG:jf
Enclosure
225 East Robinson Street,Suite 6060•P.O.Box 2873•Orlando,Florida 32802-2873 ,
Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144•Cocoa&Viera(866)425-9566
Website:www.ortandolaw.net-Email:firm@orlandolaw.net
SUMMARY OF PETITION TO VACATE ALLEYWAY
1. The Petition to Vacate Alleyway is to correct a misunderstanding
due to a prior Resolution to vacate the alleyway in 1973 which was conditioned upon
certain construction occurring within six months. The construction did not occur. See
details in Memo from Greg Mullins, Code Enforcement Officer, Item No. 49 in the City's
package of documents.
2. All adjoining property owners have consented to the vacation of
the alleyway. Item Nos. 6, 23, 24, 26 and 28.
3. The Petitioners have been patiently awaiting action by the City
since August 15, 2002. Item Nos. 60 and 61 in the City's package.
4. The Public Records of Brevard County reflect no vacation of the
alleyway. Item No. 66 from Forrest Looker, LandAmerica Title Agent.
5. That issues between the property owners of Lot 13 and Lots 11 and
12 regarding access were resolved by the Final Judgment entered in the civil lawsuit
between said lot owners. Item Nos. 77 through 83.
V0021448v1
DEAN
MEAD
ATTORNEYS AND COUNSELORS AT LAW
IN ORLANDO: IN MELBOURNE AND VIERA: IN FORT PIERCE:
DEAN, MEAD, EGERTON, BLOODWORTH, DEAN MEAD DEAN, MEAD, MINTON 6 KLEIN
CAPOUANO S BOZARTH, P.A. www.de4lmeadxom
• 8240 DEVEREUX DRIVE 1903 SOUTH 25r- STREET
800 NORTH MAGNOLIA AVENUE SUITE100 SUITE 200
SUITE 1500 VIERA, FL 3 2 940-8 200 P. 0. BOX 2757
P.O. BOX 2346 (321) 259-8900 FORT PIERCE. FL 34954
ORLANDO. FL 32602-2346 FAX (321) 254-4479 1772) 464-77CO/562-7700
(407) 841-1200 FAX (772) 464-7877
FAX (407) 423-1831
Writer's E-Mail Writers Direct Dial
hedman deanmead.com PLEASE REPLY To:
j @ (321)259-8900 x. 125
VIERA
April 23, 2003
Todd Morley, Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920-0326
Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11,
12 and 13
Our File No. 17413/32730
Dear Mr. Morley:
On March 5, 2003, I forwarded to Ms. Susan Chapman the documents requested
by the City in order to vacate the above-referenced alleyway. In a recent telephone conversation,
you advised that you were in the process of reviewing this matter. Please let me know when you
anticipate your review will be completed. As you may be aware, my clients are quite eager to
have this matter brought to a final resolution. If you need assistance regarding the factual history
or if any additional information is required, please feel free to contact me.
Thank you once again for your assistance in this matter.
Very yours,
5
r�n "n
JH:sl
cc: Bennett Boucher, City Manager
Clients
Commonwealth Land Title Insurance Company
Attn.: Chris Fulmer, Claims Representative
d
ORLANDO 0 FORT PIERCE 0 VIERA • MELBOURNE
D E AN
MEAD
ATTORNEYS AND COUNSELORS AT LAW
IN ORLANDO: IN MELBOURNE AND VIERA: IN FORT PIERCE:
DEAN, MEAD, EGERTON, BLOODWORTH, DEAN MEAD DEAN, MEAD. MINTON S KLEIN
CAPOUANO 6 BOZARTH, P.A. www.de;nmead.com
• 8240 OEVEREUX DRIVE 1903 SOUTH 25-H STREET
800 NORTH MAGNOLIA AVENUE SUITE 100 SUITE 200
SUITE ISOO VIERA, FL 32940-8200 P. 0. BOX 2757
P.O. BOX 2346 (321) 259-8900 FORT PIERCE, FL 34954
ORLANDO. FL 32802-2346 FAX (321) 254-4479 (772) 464-7700/562-7700
(407) 841-1200 FAX 17721 464-7877
FAX (407) 423-1831
Writer's E-Mail Writer's Direct Dial
jhedman@deanmead.com PLEASE REPLY To: (321)259-8900 x. 125
VIERA
March 28, 2003
Susan L. Chapman, Administrative Assistant
to the Building Official �' -* •-
City of Cape Canaveral
105 Polr: Avenue
Cape C_naveral, Florida 32920-0326
Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11,
12 and 13
Our File No. 17413/32730
Dear Ms. Chapman:
Enclosed please find an Owner's Statement signed by Mr. Walter R. Schoenfeld,
the owner of Lot 5, consenting to the vacation of the subject alleyway. On March 5, 2003, I
previously forwarded to you the documentation necessary to proceed with vacation of the
alleyway. Please let me know the status of this matter.
Thank you once again for your assistance.
V truly our
i
,so,n Hedan
JH:sl
Enclosure
cc: Clients
Commonwealth Land Title Insurance Company (w/encl.)
Attn.: Chris Fulmer, Claims Representative (w/encl.)
Donna Dressler, Esq. (w/o encl.)
�- '
ORLANDO 0 FORT PIERCE • VIERA • MELBOURNE
OWNER'S STATEMENT
RE: Vacation of Alley between Lot 5 and Lots 11, 12, and 13, Block 72, Avon
by the Sea, Plat Book 3, Page 7, Public Records of Brevard County, Florida
t, WALTER R. SCHOENFELD, the undersigned owner of Lot 5, hereby agrees
to and approves the vacation of the alley located between the above-referenced Lot 5
and Lots 11, 12, and 13; provided, however, that this statement shall in no way be
construed as an acknowledgment by the undersigned that such alley has not, in fact,
already been V2cated.
WALTER R. SCHOENFELD'
i
STATE OF FLORIDA
COUNTY OF BREVARD ,
The foregoing was acknowledged before me this day of March, 2003, by
WALTER R. SCHOENFELD, who is ❑ personally known to me or ❑ who has
produced his Florida Driver's license as identification and who did not take an oath.
l
My commission expires:
rI P.,, Donna Dressler
�
V. .'-
TARY
PUBLIC - State of Florida
�; Atl=dc Bonding co.,Mr
V:�
D E AN
MEAD
ATTORNEYS AND COUNSELORS AT LAW
IN ORLANDO: IN MELBOURNE AND VIERA: IN FORT PIERCE:
DEAN, MEAD, EGERTON. BLOODWORTH, DEAN MEAD DEAN, MEAD, MINTON S KLEIN
CAPOUANO 6 BOZARTH, P.A. www.deaiitnead.com
• 8240 DEVEREUX DRIVE 1903 SOUTH 25TH STREET
800 NORTH MAGNOLIA AVENUE SUITE 100 SUITE 200
SUITE 1500 VIERA, FL 32940-8200 P. 0. BOX 2757
P.O. BOX 2346 (321) 259-8900 FORT PIERCE, FL 34954
ORLANDO, FL 32802-2346 FAX (321) 254-4479 (772) 464-7700/562-7700
(407) 841-1200 FAX (772) 464-7877
FAX (407) 423-1831
Writer's E-Mail PLEASE REPLY TO: Writer's Direct Dial
jhedman@deanmead.com (321)259-8900 x. 125
VIERA
March 5, 2003
Susan L. Chapman, Administrative Assistant
to the Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920-0326
Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11,
12 and 13
Our File No. 17413/32730
Dear Ms. Chapman:
On August 15, 2002, I filed a formal request for the vacation of the above-
referenced alleyway on behalf of Mr. and Mrs. Moriarty. On September 9, 2002, you advised
that various documentation was necessary in order to proceed. Enclosed please find the
following documents:
1. Nine sealed copies of boundary survey of the proposed vacated property
signed by a registered surveyor.
2. Said survey contains a legal description of the proposed vacated property.
3. Correspondence dated November 11, 2002, from Forrest Rooker of
LandAmerica confirming the identity of all contiguous property owners.
4. Owner's Statement from Tides Inn Condominium Association, Inc.
(Vicidomini).
5. Owners' Statement from Timothy J. Moriarty and Denise Moriarty.
6. Owners' Statement from Ronald Kister, Sr., and Kathleen Kister.
7. Owner's Statement from Siesta Del Mar Condominium Association, Inc.
� ,y'kk,+
l`;;� = _
ORLANDO • FORT PIERCE • VIERA • MELBOURNE ?
Susan L. Chapman, Administrative Assistant
to the Building Official
City of Cape Canaveral
March 5, 2003
Pale 2
I have requested a Consent from Mr. Walter Schoenfeld, yet, after many months
of delay, this Consent was not provided. Otherwise, I believe all requirements of
Section 110.476 of the City of Cape Canaveral Code of Ordinances have been met. I understand
that you will proceed with the steps necessary to vacate the subject alleyway.
Thank you for your assistance in this atter.
Vryt lyyuJ
1 !
I
sI
Enclosures S6 lied' an
Enclosures
Certified Mail No. 7001 2510 0009 0343 6948
Return Receipt Requested
cc: Client
(without enclosures)
M0013203v
r.poniftupA
Ir
`1 03 5
(, LANDAMEMCA
Service Center for:COMMONWEALTH LAND TITLE INSURANCE COMPANY
And LAWYERS TITLE INSURANCE CORPORATION
3910 S.Washington Ave.,Suite 112
Titusville,Florida 32780
Phone(321)267-3741
Fax(321)267-3765
November 11, 2002
Jason Hedman
Dean, Mead, Spielvogel & Goldman
101 South Courtenay Pkwy.
Suite 201
Merritt Island, FL 32952
RE: Your File No. 17413/32730, Vacation of Alleyway
Dear Mr. Hedman,
Enclosed please find a copy of the plat map that you requested along with property
ownership information for the surrounding properties as taken from the current Brevard
County Tax Rolls and updated through November 4, 2002.
1 apologize for the delay and hope you find everything in order. Please let me know if
you need anything further.
Sincerely,
Forrest R. Rooker, Jr., C.L.S.
Branch Manager
Enclosures as stated
Cc: Chris Fulmer, Commonwealth Claims
3 03 c
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SCHOENFELD, WALTER
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VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2 P--AI BOCK PAGE: 03 — 0007 2509636
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VICIDOMINI, ALFONSO
VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2 '_AT BOOK ?AGE: 03 - 0007 2509660
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OWNER'S NAME: CONDOMINIUM UNIT
VICIDOMINI, ALFONSO
VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2 _SAI BOCK ?7GE: 03 - 0007 2509695
CAPE CANAVERAL FL 32920 UNIT 3 TIDES INN CONDO
AS DESC IN ORB 2605 PG 2981 &
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VICIDOMINI, ALFONSO
VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 3 P--AT BOCK PA E: 03 - 0007 2509725
CAPE CANAVERAL FL 32920 UNIT 4 TIDES INN CONDO
AS DESC IN ORB 2605 PG 2981 &
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C A;NER'S NP.N.'E: CONDOMINIUM UNIT
VICIDOMINI, ALFONSO SR
VICIDOMINI, EILEEN H/W
421 LINCOLN AVENUE #5 ?--AT BOCK PAGE: 03 - 0007 2509768
CAPE CANAVERAL FL 32920 UNIT 5 TIDES INN CONDO
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VICIDOMINI, ALFONSO
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CAPE CANAVERAL FL 32920 UNIT 6 TIDES INN CONDO
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C`a�KER'S NAME: CONDOMINIUM UNIT
VICIDOMINI, ALFONSO
VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2 PLrT BCCK PAGE: 03 — 0007 2509857
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SITE 421 LINCOLN AV 9 CAPE CANAVERAL, FL 32920 USE: 0414
OWNER'S NAME: CONDOMINIUM UNIT
VICIDOMINI, ALFONSO
VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2 P-AT BOCK PAGE: 03 - 0007 2509881
CAPE CANAVERAL FL 32920 UNIT 9 TIDES INN CONDO
AS DESC IN ORB 2605 PG 2981 &
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PARCEL: 24 3723CG 72 12 ACCT NO: 2434853 MIL:, CODE: 26GO 15:12:37
SITE 423 LINCOLN AV CAPE CANAVERAL, FL 32920 USE: 0110
C:?SER'S NAVE: SINGLE FAMILY RESIDENCE
KISTER, RONALD SR
KISTER, KATHLEEN H/W
25 AMY DR PLAT BOCK PAGE: 03 — 0007 2509911
SAYVILLE NY 11782 LOT 12 BLK 72 & VACATED ST ON E
AVON BY THE SEA
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13 ACCT NO: 2434854 MILL CC^E: 26G0
15:12:41
SITE 425 LINCOLN AV CAPE
CANAVERAL,
FL 32920
USE: 0110
OWNER'S NAME:
SINGLE FAMILY RESIDENCE
MORIARTY, TIM J
MORIARTY, DENISE H/W
P 0 BOX 320704
PLAT ECCE PAGE: 03 - 0007
2509946
COCOA BCH FL 32932-0704
LOT 13 BLK 72 & VACATED
ST ON E
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0
OWNER'S STATEMENT
Re: Vacation of Alley between Lot 5 and Lots 11, 12 and 13, Block 72, Avon
by the Sea, Plat Book 3, Page 7, Public Records of Brevard County,
Florida
1, the undersigned owner of Lot 11 hereby agree and approve to vacation of the
alley located between Lot 5 and Lots 11, 12 and 13. I request the city to vacate the alley and
approve of this request.
TIDES INN CONDOMINIUM ASSOCIATION,
INC.
By
Print .e• � "-,i ; ;
("Property Owner")
STATE OF FLORIDA:
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this g day of
2002, by Pl-Q U IL a0mwl —,as of TIDES INN
CONDOMINIUM ASSOCIATION, INC., a Florida corporation, on behalf of said corporation, who
❑ is personally known to me or/l has produced 1=1a Ap iv" vz'35-ol : �Hn--ZOO - c as
identification and who did not take an oath.
011111"t StanleyKa=erude c
Nota Publ c State of Florida at Large
s=�r���, _Commisaan # DD137501 rY
Expires Sep. 8. 2005 Print Name: sJl
�odd Thu'07FFi"' Commission No.
Atlantic Bonding o.,Inc.
My Commission Expires: 5 jFp; --)..d c) (L,
(Seal)
\10009198.1 < .}
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OWNER'S STATEMENT
Re: Vacation of Alley between Lot 5 and Lots 11, 12 and 13, Block 72, Avon
by the Sea, Plat Book 3, Page 7, Public Records of Brevard County,
Florida
We, the undersigned owners of Lot 13 hereby agree and approve to vacation of
the alley located between Lot 5 and Lots 11, 12 and 13. We request the city to vacate the alley
and approve of this request.
TIMOT MO ARTY ,
DENISE MORIARTY
("Property Owners")
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this ay of
92002, by TIMOTHY J. MORIARTY, who ❑ is personally known to me or
2-fial producedF i ��� �_ (��,� .t.� -�-� t f ,r.���� as iden ification and who did
not take an oath. t,r,� �� -�' 33 _ �� Cl�l _ p t -t: �. 3 l l cl 1 DS
DONNA M. HARPER
MY COMMISSION # CC 983448
EXPIRES: November 26, 2004
Bonded Thru Nolary Public underwriters
M0009199.1
Notary Public, State of Florida at Larg
Print Name: ri; . N\,
Commission No. 4 c1 7 \. �
My Commission Expires:
(Seal) 1v t; J . � L -I DDD
U�A
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this _ILAday of
S e , 2002, by DENISE MORIARTY, who ❑ is personally known to me or B'
has produced LZLA"� as ident'fition and who did
not take an oath. P—r-P . 9 M / o e
�R yyDONNA M. HARPER Notary Public, State of Florida atLa,;MY COMMISSION # CC 983448
EXPIRES: November 26, 2004 Print Name:
Bonded Thru Notary Public Underwriters W
Commission No.
My Commission Expires: IWO
(Seal)
V 11:
M0009199.1 2
2'
Re: Vacation of Alley between Lot S and Lots 11, 12 and 13, Block 72, Avon
by the Sea, Plat Hook 3, Page 7, Public Records of Brevard County,
Florida
We, the undersigned owners of Lot 12 hereby agree and approve to vacation of
the alley located between Lot S and Lots 11, 12 and 13. We request the city to vacate the alley
and approve of this request.
vALD KISTER, SR
aj t,.
KATHLEEN KISTER
("Property Owners"j
STATE OF
COUNTY OF
The foregoing instrument was acknowledged re me this 13 day of
b IV 2002, by RONALD KISTER, SR, who is personally known to me or ❑
has produced as identi$cation and who did
not take an oath.
'Notary Public, Sts of e i u
•' Print Name: en 2 0,r _
Commission No. IN S
My Commission Expires:
(SCSI)
ELLEN WEGLARZ
NOTARY PUBLIC, State of New York
No. 01 WE4862085
s^00i91401 Commission Expires June 16. 2110�6
8z ME
STATE OF 4V-4 qORK :
COUNTY OF SuFFOI 1<-:
The foregoing instrUmeat was acknowledged be*e me this 13 day of
(n env e r , 2002, by KATHLEEN KISTE& who Wis personally lmown to me or ❑
has produced as identification and wbo did
not take an oath.
M000919a.1
2
d- 0".Lu� 6 M 4A,/
Notary Public, State of Ie Yo,e
Print Name: E) e n 2 to -f
Commission No. at 16 8108my
S
(Sol) Commission ExpYENWEG-LARZ
a
E
NOTARY PUBLIC, State of New York
No. 01 WE4862085
Commission Expires June 16, 2001
OWNER'S STATEMENT
Re: Vacation of Alley between Lot 5 and 10 and Lots 11, 12, 13, 14 and 15,
Block 72, Avon by the Sea, Plat Book 3, Page 7, Public Records of
Brevard County, Florida
I, the undersigned owner of Lots 10, 14 and 15, hereby agree and approve to
vacation of the alley located between Lot 5 and 10 and Lots 11, 12, 13, 14 and 15. I request the
city to vacate the alley and approve of this request.
SIESTA DEL MAR CONDOMINIUM
ASSOCIATION, INC. J,
By
Print Name: C1,aaro✓ E. CneKc- /On Cs ,,-7
("Property Owner")
STATE OF FLORIDA:
COUNTY OF BREVARD
The fore in instrument was acknowledged efore me t is day of
M ,, a, 2003, by cl r� On �O , as of SIESTA DEL
MAR CONDOMINIUM ASSOCIATION, INC., a Florid corporation, o behalf of said corporation,
who is personally known to me or has produced I it 1 /I� as
identification and who did not take an oatF_.a--
01
t� 7 �l
Notary Public State of F on t Lar e
Print Name: f � �� 6141
Commission No.
My Commission Expires;. ANNETEANDERSON
(Seal) Y COMMISSION # DD 021W
EXPIRES: June 10, 2005
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TIMOTHY J. MORIARTY and
DENISE MORIARTY,
Plaintiffs,
vs
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT,
IN AND FOR BREVARD COUNTY,
FLORIDA
Civil Action No. 05-1999-CA-048842-XXXX-XX
RONALD KISTER, SR., KATHLEEN
KISTER, and TIDES INN CONDOMINIUM
ASSOCIATION, INC.,
Defendants.
SUBPOENA
THE STATE OF FLORIDA:
kei D
TO: MORRIS REED, Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
YOU ARE HEREBY COMNIANDED to appear before the Honorable George W.
Maxwell III, Circuit Judge, at The Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera,
Florida, on the 25th day of February, 2002, at 9:00 o'clock a.m., to testify in this action. If you
fail to appear, you may be in contempt of Court.
TERRI G. SIROIS
CERTIFIED PROCESS SERVER #86
E1GENTH JUDICIAL Ct C T OURT
DATE 15'O�ME �'
You are subpoenaed to appear by the following attorneys and, unless excused from
this Subpoena by these attorneys or the Court, you shall respond to this Subpoena as directed.
DATED on '` % '2002.
n
Jason He,*an, For the Court
Florida/]%r No. 0507555
Dean�Mead, Spielvogel & Goldman
101 South Courtenay Parkway, Ste. 201
Merritt Island, Florida 32952-4855
(321) 453-2333
Attorneys for Plaintiffs
Please call Sue Lomax at 453-2333 on February 22 to confirm date and time you will be required
to testify. This is a five-day trial docket commencing February 25, 2002.
F:\JH\DOC\32730-Subpoena-Reed
2
0�5\
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
Richard S. Amari
Kohn Bennett
Bradly Roger Bettin, Sr.
Charles G. Crawford
Mitchell S. Goldman
J. Wesley Howze
David R. Martin
Stephen C. Mays
Matthew J. Monaghan
Kendall T. Moore
Mark N. McQuagge
Mark S. Peters
David NI. Presnick
Charles R. Steinberg
.lames S. Theriac, III
Of Counsel
Susan Stills, City Clerk
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: MORIARTY V. KISTER
Dear Susan:
Reply to: Cocoa Post Office Box
February 21, 2002
Mariner Square
96 Willard Street, Suite 302
Post Office Box 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plaza
Suite B104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (321) 259-6611
Fax (321) 259-6624
I have received and reviewed your February 20, 2002 fax and attachments related to Moriarty
v. Kister. I have also reviewed your statement wiih regard to the inquiries from Al and Lee
Vicidomini. All issues seem to be well addressed as the court case appears to be settling and your
statements to the Vicidominis was right on. Please keep me posted with any new developments as
I will continue to monitor the matter related to trial subpoenas and prospective trial dates.
Please contact me with any questions or concerns.
Sincerely.
Mark McQuagge. Esquire
MM:mem
0��
Feb 21 02 11:55a
Richard S. Amart
Kohn Bennett
Bradly Roger Bettio, Sr.
Chula G. Crawford
Mitchell S Goldman
J. Wesley Howze
David R. Martin
Stephen C. Mays
Matthew J. Monaghan
Kendall T. Moore
Maris N. McQuagge
Mark S. Peters
David M. Presnick
Charles R. Steinberg
James S. Thcriac. Iii
Of Counsel
Mary F- Lytle, P.A.
Rmari al, Theriac
3216399950
LAW OFFICES
AMARI & THIERIAC, P.A.
Attorneys and Counselors At Law
Susan Stills, City Clerk
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: MORIARTY V. KISTER
Dear Susan:
Reply to! Cocoa Post Office Box
February 21, 2002
P-2
A
j
Mariner Square
9 tilard Street, Suite 302
Post Oi 1 , Boz 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321)639-6690
Imperial Plaza
Suite B104
6769 N. Wickham Road
Melbuurne, Florida 32940
Telephone (321) 259-6611
Fax (321) 259-6624
I have received and reviewed your February 20, 2002 fax and attachments related to Moriarty
v. Kister. I have also reviewed your statement with, regard to the inquiries from Al and Lee
Vicidomini. All issues seem to be well addressed as the court case appears to be settling and your
statements to the Vicidominis was right on. Please keep me posted with any new developments as
I will continue to monitor the matter related to trial subpoenas and prospective trial dates.
Please contact me with any questions or concerns.
Sincerely,
Mark McQuagge, Esquire
1WM:mem
Feb 21 02 11:55a
Richard S. Amari
Kohn Bennett
Bradly Roger Bettin, Sr.
Mitchell S. Goldman
J. Wesley Howze
David R. Martin
Matthew J. Monaghan
.hark N. McQuagge
Mark S. Peters
David M. Premick
Charles R. Steinberg
James & Tberiac, III
of Counsel:
Mary E Lytle, P.A.
Amari & Theriac 3216399950
LAW OFFICES
AALAM & THE -RIA -C, P.A.
Attorneys and COYnsclors At Law
Reply to: Cocoa Post Office Box
FACSIMILE TRANSMISSION
Mariner Square
96 Willard Street, Suite 302
Post Office Box I907
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plaza
Suite 5104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (32I) 259-611
Fax (321) 259-6624
The information contained in this facsimile message is a privileged and confidential attorney
communication, intended only for the use of the individual or entity named below. If the reader
of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone collect and return the original
message to us at the address listed above via the United States Postal Service at our expense.
Thank you.
DATE: t) �:) - I -0 a
FROM: MARK MCQUAGGE, ATTORNEY
Direct Fax No.: (321) 639-9950
TO:J`�1�
FAX NO: `► 31')O
TOTAL NUMBER OF PAGES (including cover sheet): O r,,) --
If you have problems with this FACSIMILE TRANSMISSION, please call Mary Moss at
321-639-1320.
F 11
105 Polk Avenue, Cape Canaveral, FL 32920
Telephone: (321) 868-1220/ 1221
FAX: (321) 799-3170
To: Mark McQuagge, City Attorney From: Susan Stills, City Clerk
Fax: 321-639-9950 Pages: 4 (Letter from J. Hedman, Res. #73-11)
Phone: 321-639-1320
Re: 421 Lincoln Avenue
Date: 2/20/2002
CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Mark:
Mr. and Mrs. AI and Lee Vicidomini came in to City Hall requesting documentation on the above-named
alleyway. I informed them that I could give them copies of the resolution on this matter, however I could
not provide a statement saying that the City owned this property in order for them to avoid court
proceedings. It appears that rightful ownership of the property has not been established and there are
no City records that prove that Resolution No. 73-11 to Abandon, Close and Vacate the Alleyway was
ever recorded with the County Clerk of Court.
DEAN, MEAD, SPIELVOGEL & GOLDMAN
ATTORNEYS AND COUNSELORS AT LAW
w .deanmcadcom
101 30UTM COURTENAY PARKWAY SUITE 201
MERRITT 13LANO, FLORIOA 32952—a55
(321) 453.2333
FAX (321) .53-66—
Via Facsimile No. 407/294-8957 Only
John B. Shoemaker, Esq.
P.O. Box 320808
Cocoa Beach, Florida 32932-0808
Dear Ben:
February 18, 2002
8240 OEVEREUX ORIVE. SUITE 100
MELBOURNE, FLORIOA 32940.7949
(3211 259.8900
FAX (3213 254.4A79
REPLT TO:
Merritt Island
Writer's E -Mail Address
1HEDMANCDEANMEAD.COM
Re: Timothy J. Moriarty, et al., v. Ronald Kister, Sr., et al.
Case No. 05 -1999 -CA -48842
Our File No. 17413/32730
I am in receipt of your February 15, 2002, correspondence. Enclosed please find
the revised Settlement Agreement. I have made changes to Paragraph 6 to simplify the Revised
Easement as described on Exhibit "A". I also made a change to Paragraph 12 confirming that
your clients will be responsible for trimming the bushes in the Revised Easement area. There is
some controversy as to whether Mr. Schoenfeld believes he owns the alley. The title company
has confirmed that the alleyway has not been vacated and, thus, is still owned by the City. A
similar change is made in Paragraph 16 to confirm that, once the alley is vacated, the Revised
Easement will be imposed over the East six feet.
The Judgment has been changed to include Exhibit "A" in Paragraph 7 and a
similar change to Paragraph 11 and 14. I have contacted Bob Packard and requested that he
place monuments on the Revised Easement based on the legal description which he prepared.
Please arrange for the execution of the Settlement Agreement and provide a check
for Mr. Packard. I understand your clients will remove all obstructions and encroachments from
the Revised Easement area and right of way so that we may achieve all of the foregoing by
February 22 and remove this case from the February 25, 2002, trial docket.
F.VMLTRU:730.1S.wpd
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Oc.�. MCAo. Ec[RTOw. 9�000woRr.,,
C- -Ov..o 6 SOZARTM. P.X.
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DEAN
MEAD
1N 1C11• I.CC--.Mc
CN. CaO. MINTONTON 6 KLEIN
,34.3.Y.)l00 �1s4,1347 TOO
John B. Shoemaker, Esq.
February 18, 2002
Page 2
Thank you once again for your assistance in this matter.
JH:sl
Enclosure
cc: Clients
(with enclosure)
F U H\LTRU 2770 -1S -pd
9
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
Richard S. Amari
Kohn Bennett
Bradly Roger Bettin, Sr.
Mitchell S. Goldman
J. Wesley Howze
David R. Martin
Matthew J. Monaghan
Mark N. McQuagge
Mark S. Peters
David M. Presnick
Charles R. Steinberg
James S. Theriac, III
Of Counsel:
J1-,ry E. L_ tie, P.A.
Susan Stills
Building Department
City of Cane Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: AVON BY THE SEA
421 Lincoln Avenue
Dear Susan:
Reply to: Cocoa Post Office Box
December 6, 2001
Mariner Square
96 Willard Street, Suite 302
Post Office Box 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plaza
Suite B104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (321) 259-6611
Fax (321) 259-6624
Please find this letter as a response to your fax concerning the above noted issue. As best as
I can determine, Mr. Hedman desires to know
"Whether the owners of lots 11, 12, and 13 can file a petition to vacate
the alley:vay... or... whether the owner of lct 5 must also;cin?"
The question seems to arise from the fact that 1) no deed/document has been recorded in the Public
Records, which purports to vacate the alleyway; 2) no construction has occurred which appears to
condition the vacating of the alleyway; and 3) that lots 11, 12, and 13 are on the east side of the alley
and lot 5 is on the west side.
A review of the pertinent Cape Canaveral Code provisions and especially § 110-476, §66-
36(1), §66-38, and §66-39 along with Florida Statute provisions §336.09, §336.10, and §117.085
seems to indicate that "any person" may motion or request the City Council to "vacate any
alleyway." Therefore, under the plan reading of the Cape Canaveral Code and Florida Statutes, lot
5 is not required to request, by petition, the City Council to vacate the at -issue alleyway. Please note
that the other named provisions provide for specific procedural requirements with regard to any
petition requesting property held by the City be vacated, and I have issued no opinion as to same.
It should also be notes that specific noted requirements related to a petition to vacate must be
Ms. Susan Stills
December 6, 2001
Page Two
followed and it is the recommendation of the office of the City Attorney that any property owner
with any possible intent in the petition to vacate be noticed specifically.
Lastly, with regard to Mr. Hedman's request as to whether the alleyway at issue has been
vacated, I trust that staff would be able to provide such an answer, otherwise, please inform me and
I will request a title search and review the pertinent Public Records for said answer.
Please contact me should you desire any additional information or have any questions or
concerns.
Sincerely,
Mark McQuagge, Esquire
MM:mem
C04)
HP OfficeJet
Personal Printer/Fax/Copier
Identification
6399950
1.3.0 2.8
Fax Log Report for
City of Cape Canaveral
321-799-3170
Feb -20-02 01:05 PM
Result Pates Tyne Date Time Duration Diapmostic
OK 04 Sent Feb -20 01:03P 00:01:32 002586030022
MICROFILMED
4 -i0 -8o -..
RESOLUTION NO. 73-11
A RESOLUTION TO ABANDON, CLOSE AND VACATE A
DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON -
BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, deems it in the best interest of the City to abandon, close and
vacate a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea
Subdivision; and
WHEREAS, a public hearing was held on
1973, after being duly advertised, recording the City's intention to vacate
this alleyway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. That a certain dedicated alleyway lying in Block 72,
Avon -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of
Brevard County, Florida, is hereby abandoned, closed and vacated by the
City of Cape Canaveral, Florida, and said City renounces and disclaims
i
any right of the City and the public in and to such alleyway, except as
provided by Section 2 hereof.
SECTION 2. The vacation and abandonment of this alleyway is for
o� /the benefit of the record holder of title as of this date and is also
contingent upon said owner commencing construction on the property here -
001
ere-
001�,�inbefore described within six months from this date, and also upon said
owner dedicating a utility easement of ten feet to be located approximately
.i.
in the vicinity of said alleyway, to the City of Cape Canaveral, Florida.
SECTION 3. This resolution shall become effective immediately
upon its adoption by the City Council f he City of Cape Canaveral,
Florida, this 6 H day of March, 197 .
Mavdr
ATTEST:
i, -Nip-proved as to form:
t ty Clerk /
City Attor
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"AN ORDINANCE AMENDING ORDINANCE 18-63 BY DEnIP56Q�JLM OM4THA-PIP
QUIRENIENT THAT MEMBERSHIP OF THE ZONING $ PLANNING BOARD BE OWNERS OF
REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE".
BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO AND
UNANIMOUS VOTE OF COUNCIL THE FIRST READING ON THE ORDINANCE WAS APPROVED.
ITEM 6. APPROVAL OF RENEWAL AND REPLACEMENT BILLS.
MR. SALVAGGIO MOVED FOR APPROVAL OF THE PAYMENT OF $809.60
IN INVOICES. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNAN-
IMOUS VOTE.
ITEM 7. GARBAGE CONTRACT
MR. FRANCIS ASKED THAT THIS ITEM BE HELD OVER AND THAT
COUNCIL MOVE CN TO THE NEXT ITEM.
ITEM 8. TRUCK BIDS
MR. FRANCIS REPORTED THAT ONLY ONE BID WAS RECEIVED ON
THE TWO TRUCKS AND RECOMMENDED THAT THIS BID BE REJECTED. AIR. SALVAGGIO
MOVED THAT THE BID BE REJECTED AND THE CITY CALL FOR NEW BIDS. MRS.
THURM SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE.
ITEM 9. RESOLUTION 73-10 ALLEY CLOSING BLOCK 55.
MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION
TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY WHICH ABUTS LOTS 5,
112 AND 12, BLOCK 55; AVON -BY -THE -SEA, WITH CERTAIN EXCEPTIONS;
PROVIDING AN EFFECTIVE DATE".
MR. SALVAGGIO MOVED FOR THE ADOPTION OF THIS RESOLUTION.
MR. RHAME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR MR. RHAME,
MR. SALVAGGIO, MRS. THURM, MAYOR FIRKINS. OPPOSED MR. RUTKOWSKI.
MOTION CARRIED.
ITEM 10. RESOLUTION 73-11 ALLEY CLOSING BLOCK 72.
MAYOR FIRKINS READ THE RESOLUTION ENTITLED " A RESOLUTION
TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY LYING IN BLOCK 72,
AVON -BY -THE -SEA, WITH CERTAI_V EXCEPTIONS; PROVIDING AN EFFECTIVE DATE.
MR. SALVAGGIO MOVED THAT THIS RESOLUTION BE ADOPTED. MR.
RHAME SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR
MAYOR FIRKINS, MR. RIIADIE, MR. SALVAGGIO, MRS. THURM. OPPOSED MR.
RUTKOWSKI. MOTION CARRIED. RESOLUTION WAS ADOPTED.
ITEM 7. GARBAGE CONTRACT
THE CITY ATTORNEY STATED THAT THERE WAS NO CONTRACT PRE-
PARED AT THIS TIME. TWO PARTIES WHO WHERE INTERESTED IN A GARBAGE
CONTRACT WITH THE CITY WERE IN ATTENDANCE AT THE MEETING; MR. LAVIN
AND MR. HOOG. AFTER CONSIDERABLE DISCUSSION MR. RUTKOWSKI MOVED THAT
COUNCIL SET A SPECIAL MEETING FOR MARCH 7, 1973 FOR THE PURPOSE OF RE-
SOL�,ING THE GARBAGE COLLECTION SITUATION. NIR. SALVAGGIO SECONDED THE
MOTION. THE MOTION' CARRIED BY UNANIMOUS VOTE OF THE COUNCIL.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION.
DISCUSSION FOLLOC•7ED REGARDING THE FACT THAT THE PROPOSED
ANNEXATION (ORDINANCE NO. 3-83) WOULD NECESSITATE AN ADDITIONAL
CHANGE IN THE ZONING MAP. A SUGGESTION WAS _'MADE TO DELAY
RESOLUTION NO. 83-9 UNTIL THE NEXT METING. MAYOR RUTHERFORD
MOVED TO POSTPONE RESOLUTION 83-9 FOR TWO WEEKS. MR. NICHOLAS
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. RESOLUTION NO. 83-10 RE: PAVING PROJECT
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION INITIATING A PROGRAM FOR THE PURPOSE
OF PROVIDING CERTAIN STREET IMPROVEMENTS IN THE
CITY OF CAPE CANAVERAL, FLORIDA, DESIGNATING THE
AREAS TO BE IMPROVED AND INSTRUCTING THE CITY
MANAGER TO PREPARE AN ASSESSMENT PLAT SHOWING THE
AREA TO BE ASSESSED, WITH PLANS AND SPECIFICATIONS
OF THE COST OF SUCH PROPOSED LOCAL IMPROVEMENTS;
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION. CITY MANAGER SCOTT AND COUNCIL DISCUSSED THE STREETS
TO BE PAVED IN THIS PROJECT. A PLAT MAP DEPICTING THE PROPOSED
STREETS TO BE PAVED WAS ATTACHED TO THE ORIGINAL RESOLUTION.
DISCUSSION FOLLOWED REGARDING THE MANNER IN WHICH THE CORNERS
WOULD BE ASSESSED. MR. SCOTT INFORMED COUNCIL THAT IT WOULD BE
DETERMINED AT THE NEXT MEETING. MR. SCOTT INFORMED COUNCIL THAT
THIS PAVING WOULD COMMENCE IN APPROXIMATELY 45 DAYS FROM THIS DATE.
FURTHER DISCUSSION FOLLOWED REGARDING THE NECESSITY TO PAVE
THE STREETS TO THE SOUTH OF THIS PROJECT.
VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION
NO. 83-10 PASSED UNANIMOUSLY.
ITEM 7. RESOLUTION NO. 83-11 RE: REQUEST TO VACATE ALLEYWAY
AND RELOCATE EASEMENT ON LOTS 10, 14 & 15, BLOCK
AVON -BY -THE
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOC*.S:
A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC
HEARING FOR THE VACATION OF A PORTION OF THE ALLEY-
WAY AND UTILITY EASEMENT LOCATED BETWEEN JOIiNSON
AVENUE AND LINCOLN AVENUE; AUTHORIZING CITY CLERK
TO ADVERTISE SUCH PUBLIC HEARING; PROVIDING AN
EFFECTIVE DATE.
CITY COUNCIL MEETING MINUTES
MARCH 1, 1983
PAGE 3 OF 5
CAA
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS SECONDED
MOTION.
DISCUSSION FOLLOWED. MR. SCOTT EXPLAINED THAT THERE WAS A
PROBLEM IN DETERMINING WHETHER OR NOT THERE WAS STILL AN ALLEYWAY
IN THIS PARTICULAR BLOCK 72.
DURING DISCUSSION, MR. BOWMAN, REPRESENTING J.L. COOKE,
ARRIVED AT THE MEETING AND SPOKE TO COUNCIL. HE EXPLAINED THAT
AS HIS PROJECT ADVANCED ON BLOCK 72 LOTS 10, 14 & 15, IT BECAME
APPARENT THAT THERE MIGHT BE AN ALLEYWAY STILL IN EXISTENCE BETWEEN
THOSE LOTS AND HE WAS REQUESTING THIS VACATION IN ORDER TO CLEAR
UP THE PROBLEM.
FURTHER DISCUSSION FOLLOWED BY COUNCIL.
MRS. CALVERT MOVED TO TABLE THIS ITEM UNTIL COUNCIL HAD MORE
INFORMATION. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
MAYOR RUTHERFORD REQUESTED THAT THIS ITEM BE PLACED ON THE
NEXT WORKSHOP AGENDA. ATTORNEY SCOTT IS TO LOOK FURTHER INTO
THIS PROBLEM.
ITEM 8. RESOLUTION NO. 83-12 RE: REQUESTING VETERANS
ADMINISTRATION CONSIDER HOUSTON ASTROS TRAINING
SITE AS LOCATION FOR VETERANS HOSPITAL
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION SUPPORTING THE CITY OF COCOA'S
REQUEST TO LOCATE A VETERANS ADMINISTRATION
HOSPITAL IN COCOA; PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS. CAT -VERT SECONDED.
IT WAS REQUESTED TIAT COPIES OF THIS RESOLUTION BE FORWARDED
TO THE VARIOUS REPRESENTATIVES AND THE VETERANS ADMINISTRATION.
MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION NO. 83-12
PASSED UNANIMOUSLY.
ITEM 9. MOTION RE: REQUEST FOR STREET LIGHTS
COUNCIL HAD RECEIVED A LETTER FROM GERALD FISCHETTI REQUESTING TWO
ADDITIONAL STREET LIGHTS IN THE SURF DRIVE, RIDGEWOOD AREA.
IT WAS NOTED THAT A PREVIOUSLY REQUESTED STREET LIGHT
(FEBRUARY 15, 1983 MEETING) WOULD PROBABLY COVER THE LIGHT IN TaE
CITY COUNCIL MEETING MINUTES
MARCH 1, 1983
PAGE 4 OF 5
OA�
MEMORANDUM
DATE: FEBRUARY 23, 2000
TO: SANDRA SMITH
CITY CLERK
FROM:
SUBJECT
BENNETT C. BOUCHER, ,J.
CITY MANAGER
RESOLUTION NO. 73-11
Please provide me with a copy of the P&Z Board and City Council (Regular and Workshop)
Meeting minutes regarding the passage of the above-mentioned resolution.
Also, check said minutes through 1974 to see if there is any discussion on the expiration of this
resolution
BCB:kmm
y . J , _,l- 1. iJ. 3J l:1.1 ./r1 y" vv41 LL 1:T ..r�13I
DEAN, MEAD, SPIELVOGEL & GOLDMAN
ATTORNEYS AND COUNSELORS AT LAW
Ww.dznrarAcom
.01 seVT.. tz.-n. PAtxw+r,'JY.TC COI
N6aam rL011I0A 32922.4oat
toaU .93-C333
rAX qxn 412.3•ee+
November 9, 2001
Via Facsimile No. 799-3170 Only
Susan Stills, City Clerk
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
W.1vv4-., vUU
e ZAO O6ventux OAwc. zu,Tq .00
MZLSOUANC. FlOp.OA 3a9.0-7?.5
ini,-99-esoo
vas 4¢Ii
aE.'tr rp;
Merritt Island
writer's E -Mail Address
JHEDMAN@DEANMEAD.COM
Re: Lots 11, 12, 13, Black 72, Avon By the Sea, as recorded in Plat Book 3, at
Page 7, street address of 421 Lincoln Avenue, Cape Canaveral,
Florida/Alley dispute
Our File No. 17413/32730
Dear Ivls. Stills:
We have previously discussed by telephone the controversy surrounding the alley
between Lots 11, 12, 13 on the east and Lot 5 on the west of the above-described property.
Enclosed please find a memorandum from a Code Enforcement Officer to Building Department
officials which addressed the controversy regarding the vacated alleyway. I atn advised that a
search of the public records reveals there is no deed or other document recorded in the public
records which purports to vacate the alleyway. The various ordinances appear to make any
vacation of the alleyway conditioned upon certain construction which the memorandum indicates
did not occur. I am writing for two purposes:
1. To confirm that, according to the City of Cape Canaveral's records, the
alleyway has not been vacated; and
2. To determine what procedure must be followed by the property owners in
order to vacate the alleyway. Specifically, my question is whether the owners of Lots 11, 12 and
13 can file a petition to vacate the alleyway or whether the owner of Lot 5 must join in the
petition to vacate the alleyway.
P VHiTXU: T �C•Solk.vrtfn
...�. oo 0 E A N
OUw, ME.o. Eee-Tea.. BL000 .OeT ., u (. n 1
MEA 0
rOi. OM•}d/ .Li+M•)TDO 7s'jGi•)Top
04q
11' UJI LUU1 1J: 30 Cil J-1 iJ.l o041 l/Ll.\ OIL"IV
Susan Stills, City Clerk
City of Cape Canaveral
November 9, 2002
Page 2
appreciated. Any assistance you can render in connection with this matter would be
Ve ul yours,
J o edr.Zat,
JH:sI
F:'JIDL'r Rte: % X0.5 alk."
Wj v v , —v
0
tel- Uy, IUU.L 1J: i0 r -1 iJJ OOil UL:f:v ALAU
November 18, 1999 -'
To_ Dennis Franklin, CBO
.1.4p
From: Greg Mullins, Code Enforcement Officer Gfi"
Re: Vacation of alleyway between the blocks of Lincoln Avenue and Johnson Avenue
Section 23, Township 24 South, Range 37 East, Avon -By -The -Sea, Block 72,
Lots 5, 11, 12, 13
In regard to,the recent property dispute along the above listed properties relating to a
private property owners ingress/egress access easement and a vacated supposed 12' city
deeded alleyway traversing adjacent to the said easement, after extensive research of
records from the city, the property appraisers office, and clerk of circuit court, we were
unable to locate any documents or confirm that a vacation of the alleyway on the north
section was ever accomplished or completed. I have not seen any deed depicting that the
city had a 12' alleyway deeded on the west side. All the attached documents refer to Plat
Book 3, Page 7_
%EJ UUi•UVU
Verification of the attached documents, Resolution # 73-11 was a request to vacate the
alleyway, with stipulations that the construction of a condo unit begin within six .months _
of the date'of the signing of the resolution by city council. Comments on tie iesoliifioii ''
document indicate that the construction did not occur as specified by the resolution, thus
voiding the resolution. (see attached document)
Verification of the attached document, Resolution # 83-11 indicates that a public hearing
was scheduled for the vacation of a certain portion of the alleyway, encompassing lots
10, 14, 15, but no mention of the vacation of the alleyway adjacent to lots 5, 11, 12, & 13.
(see attached document)
Verification of the attached document, Resolution # 83-24 indicates that the above
mentioned resolution # 83-11 was approved for vacation of said alleyway by the city
council, and again, encompassing the vacation of the alleyway adjacent to Iots 10, 14;
15 only. The attached exhibit "A" legal description (meets and bounds) when traversed
out, indicates the south portion of the alleyway adjacent to lots 10, 14, & 15. (see
attached document)
PLAINTIFF'S
DCHiBR I
11" lis, LUU1 1.5: dG t Li JS1 433 dt$41 VtZLN =Av
EASEMENT VESICATION
BLOCK 72, AVON -BY -TIM -SEA
PAGE 2
Verification from the property appraisers and the clerk of circuit courts office also
indicates that the alleyway was never vacated adjacent to lots 5, 11,12, & 13.
(see attached printout from appraisers office)
The attached warranty deed dated 1981 indicates that the proposed Ocean Blvd. right-of-
way was abandoned/vacated by the city. The deed also indicates that a 20' ingresslegress
easement was deeded for the west 20' of the property on lot 11 for benefits of lot 12 &
13. (see attached document) ' •
The attached deed of easement dated 1991 indicates that an easement was granted, sold,
and conveyed by the owners of the property on lot I 1 to the persons mentioned in the
deed, depicting a 20' ingress/egress easement along the west 20' of lot 11. According to
the property appraisers office the property was sold to the present owners, the
Vicidomni's, in July 1990, but the deed/easement was notarized in May 1991, one year
after the property had new owners. (see attached document)
*JVVo� VVV
Unless anyone can produce any documents depicting that the vacation was ever
accomplished/completed on the north portion of the alleyway, the alleyway is still in fact
deet -1 ed to the city. With this being the case, the 12' city deeded public access alleyway
does provide access to the two interior lots on lot 12 and 13.
There is some question to the validity ofthe•easefnent in question with the dates and time
frame of the owners of the property at the time, the time frame the documents were
notarized, and the date the property was sold, again which is a civil matter.
This matter is a private property easement, deed and a civil matter between the adjacent
property owners, not the city. The deed was granted to the owners of the property as
listed on the deed.
The city ordnance for dumpster placement states that no dumpsters shall be placed upon
any neighboring property, or within any city street right-of-way, as depicted in Section
62-9 Residential Solid Waste Pick-up Conditions, and does not include the 20' private
easement. (see attached code section)
0
LtLN�uuo• uuo
EASFNMNT VERIFICATION
BLOCK 72, AVON -BY -TME -SEA
PAGE 3
I suggest that we contact the city attorney again with this additional information and see
where the city stands as far as the alleyway access is concerned and the private access
easement adjacent to it on lot 11. Does the city want to initiate the vacation of the
easement? The private easement does not depict any access across lot 12 for access to lot
13, which is rather strange, unless at the time, the owner of the property owned lot 12
as well. The time frame of the easement depicted in 1991 was done after the owners that
are mentioned in the easement had already sold the property in 1990.
As the city attorney mentioned previously, this is a civil matter regarding a private
access easement with placement of a dumpster on private property, and conflicting
documents relating to the easement in question.
C6,
vJ, _UUl 1J: iJ V-1-1 Jul 4JJ 5041 Ltiv At.w
t(/JUUli UUO
DEAN, MEAD, SPIELVOGEL &. GOLDMAN
ATTORNEYS AND COUNSELORS AT LAW -
101 SCUM COURT6NAY PARKWAY, SUrM2oi
MERRrrr ;StAND. FLORIDA 329Q4M
rE:EPHONE: (321)45}2333
TI5LECOPiER: (321) 453-2641
FAX TRANSI�IITTA_T. ST3EET
DATE: November 8, 2001
TO: Susan Stills, City Clerk FACUMME N0: 799-3170
FRO.\4: Jason Hedman, Esq. CLIEN TMIATTFR NO: 17413/32730
TOTAL NUMBER OF PAGES INCLUDMG THIS PAGE:
THIS IS THE ONLY FORM of DELIVERY.
MESSAGE/MATERIALS: Please see the attached.
j IF THERE ARE ANY PRO13LF—MS IN RECEIVING THIS TRANSMTSSION, PLEASE CALL
Sue AT (321) 453-2333 (NIFRRITT ISLAND, FLORIDA)
WARNING
The information contained in this Itcsimilc is atrOrriey-privileged and confidential information intended for the use of the individual or entity
named above. Ii rhe reader of this rncssa.-e is not the intended recipient or the recipient's employee or agent responsible for the delivery of
this message to the intended recipient. you are hereby notified that any diss�nation, distribution or copying of this communication is
i strictly prohibited. If you received this facsimile in error, please immediately notify us via telephone, ind return tit& origirW message to us
at the above address via the U.S. Po9tdl Scrvice.
DEAN
MEAD
FORT PIERCE - MELBOURNE MERRITI' ISLAND ORLANDO
7s��
ty of Cape Canaveral
FILE COPY
SUBJECT: APPLICATION FOR CONSTRUCTION PERMIT
Aedile Contractors, Inc.
Bud & Lois Schoenfeld
Lot 5, Blk. 72, Avon By The Sea
419 Lincoln Ave.
Cape Canaveral, Florida 32920
The submittal for the requested permit indicates that a twenty foot (20') ingress -egress
easement has been provided across lots 11 & 12 to provide access to lot 13. The Building
Department has been unable to locate documentation of the recording of this easement.
The applicant is required to submit documentation of referenced easement prior to
issuance of requeste construction permit.
Lc
G. J. Moran, CBO
Building Official
jo
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920.0326 5�
TELEPHONE (407) 868.1200 • FAX (407) 799.3170
TODAY NEWS
308 FORREST AVENUE
COCOA, FLORIDA 32922
GENTLEMEN:
Cape Canaverai
)E -CAPE CANAVERAL. FLORIDA 32920
'£LEPHONE 306 783.1100
BRUARY 16, 1973
PLEASE PUBLISH THE FOLLOWING LEGAL AD FOR ONE DAY CN 1Y`G'i•C.^—`';',
FEBR!JA.RY 19, 1973:
NOTICE FOR VACATING, ABANDON ivG AND
DISCCNTINUING ALLEY RIGHT—OF—WA.Y
T,D WK,'! IT MAY CONCERN:
TAKE NCT i CE THAT THE CITY COUNCIL OF THE CITY OF CAPE
FLORIDA.,
ON P_TITIOnJ OF QUALIFIED LANDOWNERS; WILL, AT 7 :30 P.y!.
ON THEATH CA';' OF .`^ARCH, 1973, AT THE CITY HALL, 105 POLK AVENUE.
CAPE CANAVERAL, FLORIDA, CONSIDER AND DETER;JINE wHET�ER ,OR NOT
WILL VACATE, ABANDON, DISCONTINUE AND CLOSE ANI A.LLE'Y R Gf_lT-OF-WAY,
HEREINAFTER DESCRIBED, TO -WIT:
"TM -SOUTH ALLEY RIGHT -GF -WAY EXTENDING FROM LINCOLN AVENUE
TO JOHNSON AVENUE THROUGH BLOCK 72, AVON -BY -THE -SEA., SECTION
23, TWP. 24, R,4GE 37E, RECCRDS OF BREVARD COUNTY, FLORIDA.
PERSONS INTERESTED MAY APPEAR AND BE HEARD AT THE TIME AND PLACE
ABOVE SPECIFIED.
A°d I TA j. OST�OM
CITY _-LERK-TREASURER
C.TY OI" C. -.PE CANAVERAL,
Feb. i:, 1974
(`r, X27
3uildinz Official
City of Cape Canaveral, Florida
Because of certain delays in revision to plans necessitated
by changes in setbac:s it is requested that mfr Building Per-
mit ,#1844- for a 24 unit condominium on Lincoln Ave. at the
ocean end be extended for 90 days beyond t_he present e pir-
atior_ date which is march 12, i _'7 .
Sincerely,
William L. Holmes
February 22, 1974
Permission for above extension is hereby granted. Tzis
will be the last extension you will be able to get on
this permit. �.
E. H. Allen
Building Official-
City
fficialCity of Cape Canaveral, Florida
0
MICROFILMED
4-10.80
RESOLUTION NO. 73-11
A RESOLUTION TO ABANDON, CLOSE AND VACATE A
DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON -
BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, deems it in the best interest of the City to abandon, close and
vacate a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea
Subdivision; and
WHEREAS, a public hearing was held on
1973, after being duly advertised, recording the City's intention to vacate
this alleyway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY %
COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: C
SECTION 1. That a certain dedicated alleyway lying in Block 72,
Avon -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of
Brevard County, Florida, is hereby abandoned, closed and vacated by the
City of Cape Canaveral, Florida, and said City renounces and disclaims
any right of the City and the public in and to such alleyway, except as
provided by Section 2 hereof.
SECTION 2. The vacation and abandonment of this alleyway is for
the benefit of the record holder of title as of this date and is also
f contingent upon said owner commencing construction on the property here-
1��,. -j�,v inbefore described within six months from this date, and also upon said
.u(J
UA owner dedicating a utility easement of ten feet to be located approximately
'1
in the vicinity of said alleyway, to the City of Cape Canaveral, Florida.
SECTION 3. This resolution shall become effective immediately
upon its adoption by the City Council
Florida, this 6TH day of March,
ATTEST:
.,
ity Clerk /
City of Cape Canaveral,
Approved as to form:
City Attorry
O5G
DEED OF DEDICATIOI X32$ PACE 83
IM
M28
ALL MEN BY THESE PRESENTS:
That, WILLIAM L. HOLMES, joined by his wife, EILEEN E. HOLMES,
and VERNON R. KOCH, joined by his wife, HELENE C. KOCH, Grantors, in
consideration of TEN DOLLARS ($10.00), to them paid by the QITY OF PE
CANAVERAL, a municipal corporation, whose address is: Municipal Building,
apeCanaveral, Florida 32920, the Grantee, the receipt of which is hereby.-.-,
acknowledged, do hereby grant, bargain, sell and convey to said Grantee, ihE7 ' '
following described property, to -wit:
A ten (10) foot utility easement, the centerline of said easement -, r,
I
being described as follows: Commence at the Southwest corner
of Lot 15, Bloack 72, Avon by the Seal as recorded in Plat Book
3, Page 7, Public Records of Brevard County, Florida; thence !'
run West along the North Right of Way line of Johnson Avenue.
11 feet to the Point of Beginning of said easement; thence run
North 16043'30" East parallel to and 11 feet West of the centerline
of the 12 foot abandoned Alley as recorded on said plat of Avon
by the Sea, a distance of 130 feet more or less to a point on the
North line of Lot 10, Block 72 extended Easterly. Said point
being 1 foot East of the Northeast corner of Lot 10, Block 72,
Avon by the Sea. Bearing datum is assumed.
TO HAVE AND TO HOLD unto the CITY OF CAPE CANAVERAL for-
ever all and singular the said premises for the purpose of a utility easement.
IN WITNESS WHEREOF the said Grantors have signed and sealed
these presents on the ��Ia.y of March, A. D. 1973.
Signed, sealed and delivered in �
the presence of: ' -��u, &Z-14C
/CL�% (SEAL)
WILL MM LL 11 LMES /
�(3EAL)
/EILEEN E. HOLM
THIS INSTRUPAENT WAS PREPARED BY: �!J"e'-� c z -r , J •' (SEAL)
ERNON R. KOCH
jT/?,W,ArY WoLF/Kli" :.00W Mr-RKil7 `'
CRvs.~-u �y it
��,-' ✓-��.tc,'l .. �l C�-�.�� (SEAL)
&E13P.I Tr .-SL_q iso* Ft-oR, 00 ; J HELENS C. KOCH
STATE OF FLORIDA:""—
COUNTY OF BREVARD:
I HEREBY CERTIFY that on this day before me, an officer duly qualified
to take acknowledgment, personally appeared WILLIAM L. HOLMES, joined by his
wife, EILEEN E. HOLMES, and VERNON R. KOCI-I, joined by his wife, HELENE
C. KOCH, to me known to be the persons described in and who executed the same
for the purposes therein expressed.
WITNES�my hand and official seal in the County and State last afore-
said, this the I -o ay of March, A. D. 1973.
My Commission expires:
ota y Public
DE [ED OF DEDICATION, l i3�c8 TACE 83 `
a.' j
KNOW ALL MEN BY TI [ESE PRESENTS:
That, WILLIAM L. HOLMES, joined by his wife, EILEEN E. HOLMES,
and VERNON R. KOCH, joined by his wife, HELENE C. KOCH, Grantors, in
;; on�ideration of TEN DOLLARS ($10. 00), to them paid by the CITY OF CAPE
CANAVERAL, a municipal corporation, whose address is: Municipal Building,
Cape Canaveral, Florida :32920, the Grantee, the receipt of which is herehZ
£"acknowledged do hereby grant, bargain, sell and conveyto said Grantee '
is
following described property, to -wit:
A ten (10) foot utility easement, the centerline of said easemdet,_
being described as follows: Commence at the Southwest corner `' �'' 63
of Lot 15, Bloack 72, Avon by the Sea as recorded in Plat Book
3, Page 7, Public Records of Brevard County, Florida; thence h,
run West along the North Right of Way line of Johnson Avenue _
11 feet to the Point of Beginning of said easement; thence run -
_ North 160.13'30" East parallel to and 11 feet West of the centerline
of the 12 foot abandoned Alley as recorded on said plat of Avon
by the Sea, a distance of 130 feet more or less to a point on the
North line of Lot 10, Block 72 extended Easterly. Said point
being I foot East of the Northeast corner of Lot 10, Block 72,
_77 -
Avon by the Sea. Bearing datum is assumed.
TO HAVE AND TO MOLD unto the CITY. OF CAPE CANAVERAL. for-
�Le-yer all and singular the said premises for the purpose of a utility easement.
L
IN WITNESS WHFLREOF the said Grantors have signed and sealed
Y 7ese presents on the r\N 4 $ay of March, A. D. 1973.
ibnled, sealed and delivered in �1 /
.tire presence of: �/: ell u C—_ � L (SEAL)
WIL M L HOLMES —'
SEAL)
(SEAL)
TRUMENT WAS PREPARED BY. VERNON R. KOCH
L,JolF/hH/V 200W MG,?K,17 AN0 / n
Cqub0w/iy �2,.u__ 1 ..,1`.� (SEAL)
__n-._ XSL r4 ,o y r Fro R, U N HELENE H
STATE OF FLORIDA:
COUNTY OF BREVARD:
I HEREBY CERTIFY that on this day before me, an officer duly qualified
LO take acknuwledginent, personally appeared WILLIAM L. IiOLMES, joined by his
wife, EILEEN E. HOLMES, and VERNON R. KOCH, joined by his wife, HELENE
C. KOCH, to me known to be the persons described in and who executed the same
for the purposes therein expressed.
WITNES,S my hand and official seal in the County and State last afore -
h t,his the v.
11,-o'day of March, A. D. 1973.
expires:
INotaty Public
STATE FLORI"JA f
PETITION TO VACATE ALLEY
TO THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA.
Petitioners, ERNEST G. HOELPERL and GR,9TE M. HOELPERL,
his wife; ROY J. WORLEY, SR. and NORA A. WORLEY, his wife; BUFFIN
B. PURCELLaand MINNETTA PURCEIJ, his wife; and WILLIAM L. HOLMES,
joined by his wife, EILEEN E. HOLMES, respectfully show the Council as
follows:
Petitioners own the property abutting the alley extending from
Lincoln Avenue to Johnson Avenue through Block 72, of AVON -BY -THE -SEA,
according to the plat thereof as recorded in Plat Book 3, Page 7, Public Re-
cords
e-
cords of Brevard County, Florida and being specifically the Lots as follows:
Owner
ERNEST G. HOELPERL and
GRATE M. HOELPERL, his wife
ROY J. WORLEY, SR. and NORA
A. WORLEY, his wife
BUFFIN B. PURCEL/Land MINN-
ETTA PURCEL4 his wife
WILLIAM L. HOLMES
Lots
5
10
11, 12 and 13
14 and 15.
Said alley has never been opened for vehicular purposes, has never
been used by the public and serves no public prupose.
WHEREFORE, Petitioners respectfully petition the Council to vacate
said alley. Petitioners agree that if said alley is vacated, they will dedicate to
the City of Cape Canaveral a ten (10) foot utility easement within the boundaries
of said vacated alley immediately, as recommended by the City Engineer.
(SEAL)
BUF B. PURCEL
r��.tA �P& - �Lglz_t_e,,et (SEAL)
NNETTAP RCEL
ZZ, S EAL),
�LIAM L. HOLMES
,SEAL)
(SEAL) Q
(SEA 5
1
Memo
To: MORRIS REID, BUILDING OFFICIAL j
From: BENNETT C. BOUCHER, CITY MANAGE
Date: 8/26/02
U
Re: PETITION TO VACATE AN ALLEY
Attached is a petition to vacate an alley within Block 72, Avon -by -the -Sea subdivision.
Please process this request, consistent with Code Section 110-476.
BCB:kmm
Attachment
• Page 1
City
Managers
Office
Memo
To: MORRIS REID, BUILDING OFFICIAL j
From: BENNETT C. BOUCHER, CITY MANAGE
Date: 8/26/02
U
Re: PETITION TO VACATE AN ALLEY
Attached is a petition to vacate an alley within Block 72, Avon -by -the -Sea subdivision.
Please process this request, consistent with Code Section 110-476.
BCB:kmm
Attachment
• Page 1
DEAN, MEAD, SPIELVOGEL & GOLDMAN
ATTORNEYS AND COUNSELORS AT LAW
W ..demmead.rom
101 SOUTH COURTENAY PARKWAY, SUITE 201
MERRITT 13LAN0, FLORIOA 32952-4855
(321) 453-2333
FAX (321) 453-8441
August 15, 2002
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
8240 DEVEREUX ORIVE. SUITE 100
MELBOURNE. FLORIOA 32940.7949
(]20 259.8900
FAX (321) 2SA-4479
REPLY TO:
Merritt Island
Writer's E -Mail Address
JHEDMAN@DEANMEAD.COM
Re: City of Cape CanaveralNacation of Alleyway between blocks of Lincoln
Avenue and Johnson Avenue, Section 23, Township 24S, Range 37E,
Avon By the Sea Subdivision, Block 72, Lots 5, 11, 12 and 13
Moriarty vs. Kister, et al.
Civil Action No. 05-1999-CA-4882-XXXX-XX
Our File No. 17413.32730
Dear Mr. Boucher:
I am providing a copy of this correspondence to the city attorney since, in my last
conversation with Mr. Kohn Bennett, he advised that I should contact the city directly in order to
pursue vacation of the alleyway.
As you may be aware from Subpoenas and various discovery involving the City
of Cape Canaveral in the above -referenced lawsuit, there exists a controversy regarding the
above alleyway. Enclosed is a Memorandum dated November 18, 1999, from Greg Mullins,
Code Enforcement Officer, to Dennis Franklin, Chief Building Officer, which addresses this
issue. Also enclosed is a Memorandum dated November 7, 2001, from Forrest Rooker of
LandAmerica Title Company confirming that the Public Records of Brevard County do not
reflect a vacation of the alley. I have not enclosed the numerous deeds referenced in this
Memorandum. Also enclosed is a copy of the Final Judgment which was entered by the Court.
You will note the Judgment contains the agreement of the owners of Lots 11, 12 and 13 to the
vacation of the alleyway.
M0004454.1
" BLOOOWORT», °"""°°
DD E A N
DEAN, MCAo. EOERTON, I" row) •.c"cc
CA.OUANO 6 8OZARTH. P A. MEAD DEAN. MEAO. MINToH S KLcIN --
140)1 MI-It00 1411 ♦M))°° INII {{=.)7 j � I
Bennett Boucher, City Manager
City of Cape Canaveral
August 15, 2002
Page 2
I am writing to request that the city enter a proper legal document in the Public
Records vacating the alleyway. As expressed in prior correspondence directed to the city
attorney's office, I am not certain whether the Resolutions referenced in Mr. Mullins'
Memorandum are sufficient such that only a formal vacation of the alley need be recorded in the
Public Records or whether a new petition must be filed.
I understand that it may be necessary to have a survey performed or a legal
description prepared. I have retained Mr. Bob Packard, PSM, of R. M. Packard & Associates,
Inc., to provide surveys and sketches which may be required.
I remain available to discuss this matter further or provide additional
documentation if needed. If it is necessary to file a petition for vacation of the alleyway, I would
appreciate your providing me with a form so that I may complete the petition and proceed with
the proper procedure to vacate the alleyway.
JH:sI
Enclosures
Thank you for your assistance in this matter.
cc: Charles G. Crawford, City Attorney
Client
Commonwealth Land Title Insurance Company
Attn.: Kimberly K. Meyers, Claims Representative
(all without enclosures)
M0004454.1
November 18, 1999
To: Dennis Franklin, CBO �42
From: Greg Mullins, Code Enforcement Officer GS►u
Re: Vacation of alleyway between the blocks of Lincoln Avenue and Johnson Avenue
Section 23, Township 24 South, Range 37 East, Avon -By -The -Sea, Block 72,
Lots 5, 11, 12, 13
In regard to the recent property dispute along the above listed properties relating to a
private property owners ingress/egress access easement and a vacated supposed 12' city
deeded alleyway traversing adjacent to the said easement, after extensive research of
records from the city, the property appraisers office, and clerk of circuit court, we were
unable to locate any documents or confirm that a vacation of the alleyway on the north
section was ever accomplished or completed. I have not seen any deed depicting that the
city had a 12' alleyway deeded on the west side. All the attached documents refer to Plat
Book 3, Page 7.
Verification of the attached documents, Resolution # 73-11 was a request to vacate the
alleyway, with stipulations that the construction of a condo unit begin within six months
of the date of the signing of the resolution by city council. Comments on the resolution
document indicate that the construction did not occur as specified by the resolution, thus
voiding the resolution. (see attached document)
Verification of the attached document, Resolution # 83-11 indicates that a public hearing
was scheduled for the vacation of a certain portion of the alleyway, encompassing lots
10, 14, 15, but no mention of the vacation of the alleyway adjacent to lots 5, 11, 12, & 13.
(see attached document)
Verification of the attached document, Resolution # 83-24 indicates that the above
mentioned resolution # 83-11 was approved for vacation of said alleyway by the city
council, and again, encompassing the vacation of the alleyway adjacent to lots 10, 14,
15 only. The attached exhibit "A" legal description (meets and bounds) when traversed
out, indicates the south portion of the alleyway adjacent to lots 10, 14, & 15. (see
attached document)
[2; PLAINTIFF]C--
.�r y2
EASEMENT VERIFICATION
BLOCK 72, AVON -BY -THE -SEA
PAGE 2
Verification from the property appraisers and the clerk of circuit courts office also
indicates that the alleyway was never vacated adjacent to lots 5, 11,12, & 13.
(see attached printout from appraisers office)
The attached warranty deed dated 1981 indicates that the proposed Ocean Blvd. right-of-
way was abandoned/vacated by the city. The deed also indicates that a 20' ingress/egress
easement was deeded for the west 20' of the property on lot 11 for benefits of lot 12 &
13. (see attached document)
The attached_ deed of easement dated 1991 indicates that an easement was granted, sold,
and conveyed by the owners of the property on lot 11 to the persons mentioned in the
deed, depicting a 20' ingress/egress easement along the west 20' of lot 11. According to
the property appraisers office the property was sold to the present owners, the
Vicidomni's, in July 1990, but the deed/easement was notarized in May 1991, one year
after the property had new owners. (see attached document)
Unless anyone can produce any documents depicting that the vacation was ever
accomplished/completed on the north portion of the alleyway, the alleyway is still in fact
deeded to the city. With this being the case, the 12' city deeded public access alleyway
does provide access to the two interior lots on lot 12 and 13.
There is some question to the validity of the easement in question with the dates and time
frame of the owners of the property at the time, the time frame the documents were
notarized, and the date the property was sold, again which is a civil matter.
This matter is a private property easement ,deed and a civil matter between the adjacent
property owners, not the city. The deed was granted to the owners of the property as
listed on the deed.
The city ordnance for dumpster placement states that no dumpsters shall be placed upon
any neighboring property, or within any city street right-of-way, as depicted in Section
62-9 Residential Solid Waste Pick-up Conditions, and does not include the 20' private
easement. (see attached code section)
EASEMENT VERIFICATION
BLOCK 72, AVON -BY -THE -SEA
PAGE 3
I suggest that we contact the city attorney again with this additional information and see
where the city stands as far as the alleyway access is concerned and the private access
easement adjacent to it on lot 11. Does the city want to initiate the vacation of the
easement? The private easement does not depict any access across lot 12 for access to lot
13, which is rather strange, unless at the time, the owner of the property owned lot 12
as well. The time frame of the easement depicted in 1991 was done after the owners that
are mentioned in the easement had already sold the property in 1990.
As the city attorney mentioned previously, this is a civil matter regarding a private
access easement with placement of a dumpster on private property, and conflicting
documents relating to the easement in question.
MEMO
NOVEMBER 7, 2001
TO: JASON REDMAN
FROM: FORREST ROOKER
RE: YOUR FILE 17413/32730
CLAIM NO. C003247
Jason,
Attached please find copies of the deeds in the chain of title for Lots 11., 12 and 13, Block
72, Avon By The Sea, PB 3/7. You will note that some but not all make reference to a
purported " east 6 feet of Vacated Alley". There is no Vacation of record for this "Alley".
Also of record are 2 Quit Claim Deeds specifically conveying a portion of a "dedicated
alleyway" adjacent to these lots along with a Grant of Easement over the same.
I hope this information helps and if you need anything further please let me know.
orrest Rooker
cc: Kim Meyers
LandAmerica Claims
Attachments:
WD
DB 313-33
WD
DB 324-497
WD
OR 1768/386
WD
OR 1781/4
WD
OR 1825/557
WD
OR 2336/855
WD
OR 2336/856
WD
OR 2336/857
WD
OR 2343/1623
WD
OR 2902/24
WD
OR 3128/3884
WD
OR 3429/3526
QC
OR 3584/331
QC
OR 3584/332
EASE
OR 3584/330
WD
OR 4072/3197
`/ r
i MICROFILMED
4-10.80 -
RESOLUTION NO. 73-11
A RESOLUTION TO ABANDON, CLOSE AND VACATE A
DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON -
BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, ! .
deems it in the best interest of the City to abandon, close and Gln
acate a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea 111'
ubdivision; and
WHEREAS, a public hearing was held on
i
973, after being duly advertised, recording the Cicy's intention to vacate
its alleyway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
I'I
UUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
lit
SECTION 1. That a certain dedicated alleyway lying in Block 72, h U:
von -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of 2�i IIj
revard County, Florida, is hereby abandoned, closed and vacated by the!Iir
ity of Cape Canaveral, Florida, and said City renounces and disclaims :3
right
right of the City and the public in and to such alleyway, except as i
vided by Section 2 hereof.
SECTION 2. The vacation and abandonment of this alleyway is for
1
benefit of the record holder of title as of this date and is also
t upon said owner commencing construction on the property here- {I{{{{
tefore described within six months from this date, and also upon said
i
tier dedicating a utility easement of ten feet to be. located approximately
the vicinity of said alleyway, to the City of C.ilic C'anuvcr;ll, Morula. I �
S1-(-rl(-)m :l.-1.11is rc.snlw-ir • ' -
RESOLUTION NO. 83-11
A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC
HEARING FOR THE VACATION OF A PORTION OF THE
'ALLEYWAY AND UTILITY EASEMENT LOCATED BETWEEN
JOHNSON AVENUE AND LINCOLN AVENUE; AUTHORIZING
CITY CLERK TO ADVERTISE SUCH PUBLIC HEARING;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Florida, has adopted
Lne Mapped Streets Act, and
WHEREAS, such Act requires the Council to hold a Public
Hearing and advertise such hearing two (2) weeks prior to the
date.of the Hearing, and
WHEREAS, the Planning and Zoning Board of the City of Cape
Canaveral has approved the vacation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida as follows:
SECTION 1. The City Council meeting of April 19, 1983 is
hereby established as the Public Hearing date for the vacation
of a portion of the alleyway and utility easement located between
Johnson Avenue and Lincoln Avenue, more particularly described
as that alleyway located between and contiguous to:
LOTS 10, 14 AND 15, BLOCK 72,
'AVON -BY -THE -SEA
SECTION 2. The City Clerk is hereby authorized to advertise
such Public Hearing.
SECTION 3. This Resolution shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this`. 15th day of March 1983.
414111— Olt �A
M yo r
-Attest: .' � I
'
�1
nY P1`J]C-.
City Clerk
A d
NAME YES Np
V
CALVERT I X
HARRIS I
NICHOLAS I X
RUTMERFORO IX�
V/INCMESTCR X
pprove as to Form:
tyo
ey ;
C�%
w
RESOLUTION NO. 83-24
A RESOLUTION VACATING THE ALLEYWAY BETWEEN
14 AND 15, BLOCK 72
OF CAPE CANAVERAL AVON -BY -THE -SEA WITHIN LTHE OTS 10,
CAPE CANAVERAL, FLORIDA; DEDICATION TO THE CITY
ON LOT 10, BLOCK 72,
OF A PUBLIC CITY OF
EFFECTIVE DATE, ' AVON -BY- ACCESS EASEMENT
THE -SEA; PROVIDING AN
WHEREAS, Siesta Del Mar
Inc., has petitioned the City
Of Cape Canaveral
Florida to vacate
10, 14 and 15, Block 72, Avon -by -the -sea;
alleyway between Lots
-Sea; and
WHEREAS, the City Council
Florida has dof the City of Cape Canaveral,
determined
that it is in the best interest
City to vacate said alleywa of
Y- the
NOW, THEREFORE, BE IT
RESOLVED as follows.
SECTION 1, The
City o�r
'Vacates Y Cape Canaveral
the alleyway bFlorida hereby
etween Lots I0,
by -the -Sea. 14 and 15, Block 72, Avon -
SECTION 2. The
vacation of this alleyway is contingent
upon dedication, to the city of Cape Canaveral Florida,
Public access easement on Lot
10, Block of a 72, Avon -by -the -Sea
replace the vacated alleyway.
to
SECTION 3, This
Resolution shall become effective
immediately upon its adoption.
ADOPTED By the city Council of the City Of Cape Canaveral
Florida, this 19th
day of April '
83.
.Attes't; I l�'/S M Yor
Citi ,Cl'erk
Approved as to Form;
, fir vrs o
November 18, 1983
Joseph R. Scott, Esq.
110 Polk Avenue, Suite 6
Cape Canaveral, Florida 32920
Re: Jay Cooke/Siesta Del Mar/
Easement w/City of Co�cea�Iiea�c a- c)o��°
Our File: J28-7066
Dear Joe:
Pursuant to our agreement, please find enclosed herewith the original
executed and recorded Easement regarding JL Development.
With Vindest regards,
Bruce W. Jacobus
aWJ:me
enclosure
c:: J1. Development, w/o enc.
•, LAW OFFICES OF
IVOLF1:, KI729CI1rNDAUM, GUZUSO, MOSLEY
R HABDOORD
320 FORTENBERRY ROAD 505 NORTH ORLANOO AVENUE
325 FIFTH AVEN
MP.RRITT ISLAND,FLORIDA 32952 POST OFFICE BOX 757
1N11LLLSN1IC, FLORID\
(305) 783-2218 GLASS BANK BUILOING
(305) 783.2216
COCOA BeAc¢,FLOE LDA '32931
(305) 783.2218
FRANK M. WOLFE
BRUCE I
MALCOLM R. KIRSCHENSAUM
OONNA .
JOE TEAGUE CARUSO REPLY TO: Cocoa Beach
FREDERIC
CURTIS R. MOSLEY
J. ROONEl
JOHN J. KASOOORD, JR.
WCHAEi. M
JACK A. KIRSCHENOAUM
HARRY C. G,
November 18, 1983
Joseph R. Scott, Esq.
110 Polk Avenue, Suite 6
Cape Canaveral, Florida 32920
Re: Jay Cooke/Siesta Del Mar/
Easement w/City of Co�cea�Iiea�c a- c)o��°
Our File: J28-7066
Dear Joe:
Pursuant to our agreement, please find enclosed herewith the original
executed and recorded Easement regarding JL Development.
With Vindest regards,
Bruce W. Jacobus
aWJ:me
enclosure
c:: J1. Development, w/o enc.
_ TNIS INSTRUMENT PREPAREp BY;
of WOLF rues W. Jacao,,S. Esq.
E, KIRSCIIEi�IUAUM CARUSO,
P. 0. MOS 76?
7 & KApL'OORO, P.A.
EA—SE14ENT Cocoa p -
e„ch, FL 32931
TilIS INDENTURE
made this
L• COOKE 2 day of October, 1983, hereinafter referred to RAbetween JAY
hereinafter GRANTEE, as GRANTOR, and THE CITY
referred to as OF CAPE CANAVERAL
hose address is: 105 Polk Avenue
Cape Canaveral, Florida 32920. ' w
W I T N E S S E T [I:
That the GRANTOR
in the consideration of
and other valuable Ten and No/100
Ten
acknowledged the paid, Dollars
receipt of which
hereby grants, is hereby
gives, conve y
its successorsYs and transfers
and assigns, rs is
the GRA
, a perpetual easement SEL'
date, on and over the g decommencin
followin g on the above
scribed property,
attached hereto and Y, to—wit: it: See Exhibit "A"
a Part hereof, for the foll
Right of ingressowing purposes:
,
traffic egress and access, by vehicular
' upon anribed d over tite above desc °r Pedestrian
property.
TO HAVE AND To HOLD
said easement unto tits GRANTEE
successors or assigns•
and to its
GRANTOR does
hereby covenant
seize t�itlt GRANTEE th
d and Possessed of at he is lawfully
iglu
tits land Iters Y
lataful r In described and
to convey itthat he has good and
or any Part thereof.
be signed IN WITNESS WHEREOF, GRA1
NTOR has
the da hereunto caused the ~
y and year se presents to N
first above written.
n ti
'1
Witne�/sses �( Gt.� JL.. `C OKE
lleh hl, "wt S
RE(' FEE $ 10 0
0OC ST. ; 4 RCCt)1'AYA1ENf AS w
STATE OF1^:otCAl,nfoil CtAss �
PfIC[iIGAN trr� la' x 11nANGirttE uuC --)
SCh ri!i; Y
COUNTY OF � ; �' J .!I,:I— s1A!,trlt,zES.:;!GP;ED ry
'TY--
/ /
I
HEREBY Cr that appeared i ott Chis
personally
whet c, cgcctfc•cl 11.., AY i.. ('(l(wr.
EXHIBIT "A"
Begin at a point being the intersection of the South line of Section 23 and
the center line of Ridgewood Ave. Proceed in a northerly direction along sail
center line of Ridgewood Ave. to an intersecting point in line with the north
right-of-way line of Johnson Ave. Continue east along said north rigl� of -way
line of Johnson Ave. a distance of 225.0 feet to the southwest corner of Lot
10. Then proceed east an additional distance of 27.0 feet to the Point of
Beginning. Then proceed northeast along a line parallel to the west property
line a distance of 136.63 feet to the north property line, then proceed east
along the north property line a distance of 29.0 feet to the northeast corner of
Lot 10, then proceed southwest along the west property line a distance of 28.13
feet; then proceed west along a .line parallel to the north property line a
distance of 9.0 feet; then proceed southwest along a line parallel to the
east property line a distance of 108.5 feet to the south property line; then
proceed west along the south property line 20.0 feet to the Point of Beginning.
WALTER C. BOWMAN
ASSOCIATES
AAC)- rmc-rS PLANNERS '
CONSTRUCTt)R9
Mr. Jay L. Cooke
300 E. Longlake Rd., #275
Bloomfield Hills, Mich. 48013
Re: Siesta Del Mar Condominium
Dear Jay:
November 2, 1982
VA
WB8207
You will find enclosed copies of the responses from the utility companies'
involved in relocating the easement; including my letter to the city and two
maps depicting the circumstances. The issue, as I mentioned, has been
compounded because the order to vacate the alley issued in 1972 was never
recorded properly with the county by the
requiring construction within scity, and had a reverter clause
ix months.
is amiss here, the bottom linea Though I feel something legally
ars to be simply a new request by you in
a letter encompassing the following
l) Request to the city to vacate a 12 foot alley described as follows:
"East 6 ft. of Lot 10 and West 6 ft. of Lots 14 and 15, Block 72,
"Avon by the Sea", Brevard County, Florida".
2) Request to the- city to relocate utility easement described as
follows: "East 5 ft. of Lot10.and West 5 ft.
Block 72,. "tivoof Lots 14. and ,
n by the. Sea's. p.R -gook- L5
IJ28, "Page 83 of. -
f Brevard County, Florida". With the easement to be relocated
on the Property as follows: the North 10 ft. of Lot 10 and the
West 10 ft. of Lot 10 lying in Block 72, "Avon by the Sea" of
Brevard County, Florida".
3) An agreement by you as principal developer to pay all costs of
relocating the utilities to the new easement as defined in the
attached letters from Cocoa Water Department, Florida Power
and -Light; Southern Bell and City Gas Company of Florida.
agreement to cover these costs should be directed to the city of the
Cape Canaveral.
A response from you on this issue is required prior to the next P & Z
meeting on November 10, 1982. I would appreciate a copy of your request
and your attention to this matter at your. earliest convenience.
Continuing in your Service,
�Valtvt' <:. 1( �,eman. AIA /P(?
WCB: kas
7001 NOnTki nrIArll IC AVENUE •305.;it-;7u1i•, Ar[ (A,y,�, i Hnt r U,i:On 32970
07�
Nov -16-99 12:36F IPCRY PPPRAIER! GIS "� P.01
P R0 PE RT Y' MA_ 1GEM.ENT I N FORMAT I a. „S Y STEM
/-INQ PANEL SALES R=RESTART .-CURR.WO —NT (PMS016M1)
-la-aa-a:arta---a-aam, s---------a-------•a-----------------------------------
RESTART: PARCEL ID: 24 3723CO 72 5
LINE NO HISTORY COMMENTS 1999/11/16
1 1994 TITLE I9 MARXAIWZ VAN RISE G RITA SCHOENFELD T/C P/2204/2955
2 1994 5/17/94 VR ---
3 1996 3511/1435 X VAN RX319 1/2 INT TO WkLTER SCROZNPZLD; TITLE NOW:
4 1996 WALTER SCROZNTZLD 1/2 INT i RITA SCBOlNTELD 1/2 INT 10/20/95 lit
5 1996 LZGAL DISC CORRECTION 4 MONT rT CORRECTION RZbK7VED WEST 6 rT OF
6 L996 VAC ALLET YROK DISC L lRONT 1iTAGE DUE TO sARS7:RRCR DONE 12-17 IT
7 19915 MW DZTiE,'aXXK= TEAT AAtLT;Y VAS NOT VACATED (SZZ OLD BLDG CARD ON
B 1996 C4'-72-10) LOT 5 baSSSD WIrAN CORRZC17014 M WZ Ili 1977 DOES NOT
9 1996 ANTECT VALUX AS LOT IS ASSESSED ON A PER LOT WiSIS 1/1-4/96 GL ---
10 1996 DC 3549/3452 TOR RITA Z SCROENPZLD; DOD 5/5/91; TITLE TO
11 1996 SPOUSE 101LTER SCROENILLD 3/8/96 HE
12 1996 NOTE: 3554/330 PT 24 -37 -23 -CG -72-5 t 12) GRANT OA ZASXK&NT--NOTE:
13 1996 3584/332 TEESZ ARE ALL CETT or CI�PE cANxvmxAL aas NOT VACATrm
14 1996 ALLEY DESCRIBED IN TSESS DOCUMZWS P/110 7/17/96 CR
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SPACE BYCah
P. 0. ST TYTLE7. L. Bamelers
Heir! 0249 ANY
/S1135 Island, FL 32954-0249
Return 70:'--� �
Commomrpryh Lind till, I DEED OF F�1SEyQy1
308 Pine Strret ncurance Company
Titusville, F]orida 32796
Fite p
The undersigned
in cpt derationD own
of the
receipt whereofTen Dollars premises herein
2B3JOS3Pp OALLMEyERIs AND hbY aclu�owledge�Di and Other described ("Grantor•
Purposesy to
rough Run nd°ALICE L Indiana r�y grant
husband 11 valconVe for deration,
ingress t Wayne hus and
AS WEST 20 FEET OF egress for the following descriclusiveVeaose address is:
FOR R. BEN IN PLAT BOOK13' BLOCII 72, AVON By � Pro
Perty_ for the
FFIT OF LOT 1I PACE NE SEAACCORDING To OF BRE'V RD�3BLOCK
2F1PW3LICyFLORIDA. Cf7 BYTHRE�aSOFBRETp
THE PLAT THEREOF, PLAT BOOK V�NUN FLORIDA,O3CEPUBLI
. ,vim= .....
ai ss 1 1
J - j
W1s
Hess 2
I
STATE OF FLCRIOA
CI:Q'IT' Cr BREVARD
.1
\ A VOGTY
`- L.
Z3 1Z.
PFFCRE o
to me well k, �Perscnallyown ai
the aF,ceac v o
for the pocPoses the e�t mend ac o be the indivi is t Y husband and T
fowl described cn
1417N and
gad before wife,
FSS nR hand me that they executed wno executed
and
This and official seal the same _
notary !s only for John A. gt. 7`__ day of Ho
1991,
�`Ptres: `NARY PUB
• J L�
N
TIMOTHY J. MORIARTY and
DENISE MORIARTY,
Plaintiffs,
vs.
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY,
FLORIDA
Case No. 05 -1999 -CA -48842
Judge George W. Maxwell III
RONALD KISTER, SR., KATHLEEN KISTER,
and TIDES INN CONDOM ,, JM ASSOCIATION, INC.,
Defendants,
FINAL JUDGMENT
This matter having come before the Court upon the Settlement Agreement and
Stipulation for Judgment ("Stipulation") of Plaintiff, TIMOTHY J. MORIARTY and DENISE
MORIARTY and Defendants, RONALD KISTER, SR., KATHLEEN KISTER, and TIDES INN
CONDOMINIUM ASSOCIATION, INC., and the Court having considered said Stipulation,
pleadings, and all other matters of record in this action, finds it has jurisdiction over the parties
and subject matter and that, it is HEREBY ORDERED and ADJUDGED as follows:
1. That all recording references cited in this Final Judgment are to the public
records of Brevard County, Florida, and all lots in Avon By the Sea Subdivision referenced in
this Judgment are according to the plat thereof, recorded in Plat Book 3, at Page 7, of the Public
Records of Brevard County, Florida.
(Page 1 of 8)
0
2. That all written instruments referred to in this Final Judgment and
identified by recording references are expressly incorporated and made part of this judgment as
fully and completely as if set forth herein in full.
3. That Plaintiffs, TIMOTHY J. MORIARTY and DENISE MORIARTY,
are owners of Lot 13 ("Lot 13 Owners") and certain additional lands being the dominant estate
under a grant of an express easement for ingress and egress over the west 20 feet of Lot 12 and
Lot 11. The dominant estate and the easement incidental thereto ("Lot 13 Parcel") owned by the
Lot 13 Owners is legally described as follows:
Lot 13, Block 72, Avon by The Sea, according to the Plat
thereof, as recorded in Plat Book 3, Page 7, Public Records
of Brevard County, Florida, and that portion of "Ocean
Blvd." now vacated and lying East of said Lot 13; together
with that portion of the East '/z of vacated alley lying West
of said Lot 13; together with that portion of the area known
as Cocoa Beach, as shown on said Plat of Avon By the Sea,
that lies East of said vacated "Ocean Blvd." and West of the
mean high water line of the Atlantic Ocean, said parcel
being bounded by the prolongation Easterly and Westerly
of the North and South lines of said Lot 13; together with
an easement across the West 20 feet of Lot 12, Block 72 of
said Avon By the Sea, for purposes of Ingress and Egress,
together with an easement across the West 20 feet of
Lot 11, Block 72, Avon By the Sea, for purposes of Ingress
and Egress, together with all riparian and littoral rights
belonging thereto.
4. That Defendants, RONALD KISTER, SR., AND KATHLEEN KISTER,
are owners of Lot 12 ("Lot 12 Owners") and additional lands ("Lot 12 Parcel") being a servient
estate subject to an easement over the west 20 feet of Lot 12. The Lot 12 Parcel is legally
described as follows:
(Page 2 of 8)
Lot 12, Block 72, Avon By The Sea, according to the Plat
thereof as recorded in Plat Book 3, Page 7, Public Records
of Brevard County, Florida and that portion of "Ocean
Blvd" now vacated and lying east of the lot above
described, together with the East'/2 of the vacated alley lies
West of said Lot 12.
Subject to an easement across the West 20 feet of Lot 12,
Block 72 for purposes of ingress and egress. Ingress and
Egress Easement over Lot 11, Block 72, reserved for
Lots 12 and 13, Block 72, as recorded in Official Records
Book 2336, Page 0856.
5. That Defendant, TIDES INN CONDOMINIUM ASSOCIATION, INC., is
the owner of Lot 11 ("Lot 11 Owner") and additional lands ("Lot 11 Parcel") being a servient
estate subject to an easement over the west 20 feet of Lot 11. The Lot 11 Parcel is legally
described as follows:
Lot 11, Block 72, Avon By The Sea, according to the Plat thereof
as recorded in Plat Book 3, Page 7, Public Records of Brevard
County, Florida and that portion of "Ocean Blvd." now vacated
and lying East of the lot above described.
Grantor reserves an easement for ingress and egress across
the West 20 feet of the property herein conveyed for the
benefit of Lots 12 and 13, Block 72, Avon By The Sea, Plat
Book 3, Page 7.
6. That the grant or reservation of easement created under Warranty Deed,
dated October 29, 1981, recorded in Official Records Book 2336, Page 0857, and the Warranty
Deed dated November 2, 1981, recorded in Official Records Book 2336, at Page 0856, all of the
Public Records of Brevard County, Florida, is hereby recognized by Lot 11 Owner, Lot 12
Owners and Lot 13 Owners, as establishing a valid and effective perpetual and exclusive
easement for the benefit to and a covenant running with the Lot 13 Parcel, over the west 20 feet
(Page 3 of 8)
of Lot 11 and Lot 12, for the purpose of ingress and egress (the "Original Easement '). The
parties have, by their mutual agreement, agreed to vacate the Original Easement and grant the
"Revised Easement" as described in Paragraph 7 below. The parties agree and the Court enters
its declaratory Judgment that any other documents recorded, or otherwise which would purport to
create a 20 -foot easement, across the west 20 feet of Lots 11 and 12, are null and void and of no
effect.
7. That the Court hereby enters its declaratory judgment determining and
declaring that the grant or reservation of Revised Easement described in this Paragraph 7 of this
Final Judgment is legally binding upon the Lot 11 Owner and Lot 12 Owners as establishing a
valid and effective perpetual and exclusive easement, for the benefit to and a covenant running
with the Lot 12 Parcel and the Lot 13 Parcel. The Court further declares that the Original
Easement is hereby vacated and abandoned and is of no further force and effect as to Lots 11, 12
or 13. That the Revised Easement is located over the property legally described as follows:
An easement over and across the West 16 feet of Lot 11, Block 72, Avon By the Sea, according
to the plat thereof, as recorded in Plat Book 3, Page 7, Public Records of Brevard County,
Florida, and the East 6 feet of the vacated alley lying West of and adjacent to said Lot 11,
Block 72.
and
An easement over and across the westerly end of Lot 12, Block 72, Avon By the Sea, according
to the plat thereof, as recorded in Plat Book 3, Page 7, Public Records of Brevard County,
Florida, having a right angle width at the North line of 16 feet and a right angle width at the
South line of Lot 12 of 22 feet, together with the East 6 feet of the vacated alley lying West of
and adjacent to said Lot 12, Block 72.
(Page 4 of 8)
0
The easement described in this Paragraph is hereinafter referred to as the "Revised Easement",
and such determination is binding upon all parties, their heirs, successors and assigns forever.
That the Lot 11 Owner and Lot 12 Owners are hereby permanently
enjoined from violating, blocking or obstructing the Revised Easement or the right of way of
Lincoln Avenue. The Court reserves jurisdiction over the parties for enforcement of this Final
Judgment.
9. That Lot 11 Owner, Lot 12 Owners and Lot 13 Owners shall designate the
Revised Easement and right of way of Lincoln Avenue as a "tow -away zone" and continuously
maintain a minimum of three signs along the boundary of the Revised Easement area and right of
way of Lincoln Avenue, in compliance with Florida Statutes, Section 715.07, 1999. The parties
authorize the then owner of Lot 13 Parcel as a designated representative pursuant to Florida
Statutes, Section 715.07(2), 1999, authorized to cause any vehicle parked in the Revised
Easement area or right of way of Lincoln Avenue to be removed in accordance with the Statute,
regardless of ownership of the vehicle. Owners of Lot 11 and Lot 12 are also authorized as
designated representatives, pursuant to Florida Statutes 715.07(2) 1999, authorized to cause any
vehicle parked in the Revised Easement area or right of way of Lincoln Avenue to be removed in
accordance with the Statute, regardless of ownership of the vehicle.
10. The Revised Easement and right of way for Lincoln Avenue will be kept
free of all obstructions, all nuisance, litter, debris, etc., and any other conditions which could
limit free access for emergency vehicles.
(Page 5 of 8)
CIY)?\
Il. That the Lot 11 Owner and Lot 12 Owners shall promptly trim all trees,
bushes, shrubs and other vegetation to keep the Revised Easement area and right-of-way
unobstructed. Lot 13 Owners will not cut trees, bushes, shrubs or other vegetation on the Lot 11
Parcel or the Lot 12 Parcel without further order from this Court.
12. That Lot 11 Owner, Lot 12 Owners and Lot 13 Owners agree not to
initiate any complaints to the City of Cape Canaveral for any conditions governed by the
Settlement Agreement and Stipulation for Judgment or this Final Judgment. In the event there
are alterations to the existing improvements or new conditions develop, such future violations
may be reported as code violations if not resolved under the dispute resolution provisions
contained in the following paragraph.
13. That, if Lot 11 Owner, Lot 12 Owners or Lot 13 Owners violate the terms
of this Final Judgment (other than parked vehicles, which shall be towed), any party can impose
and collect a monetary penalty of $100.00 for the first violation and $500.00 for a second
violation of the same offense. Prior to pursuing a violation, any party shall provide written
notice by certified mail, hand delivery or process server, to the owner of the lot upon which the
alleged violation is located, describing the nature of the violation and demanding that it be cured
within five (5) days from the date notice is given. The parties can enforce this provision by the
Court's contempt powers, or other additional enforcement action. In the event of a claimed
violation of this Agreement and application to the Court, the prevailing party shall collect his, it
or their reasonable attorneys' fees and costs from the party found to be in violation of the Final
(Page 6 of 8)
EM
Judgment. The Court hereby reserves jurisdiction over the parties for enforcement of this Final
Judgment.
14. The parties have agreed, as to between the parties, that the 12 -foot alley
has been vacated, however, there is some question in the public records, as to whether the alley
has been formally vacated by the City of Cape Canaveral. Therefore, the parties are ordered to
cooperate with one another in obtaining satisfactory evidence from the City of Cape Canaveral,
in recordable form, which would demonstrate that the alley is vacated. The form of action may
involve filing a petition to vacate the alley, and in that event all parties shall join in such petition
and bear any administrative cost, including publication fees and recording fees, for such action.
Any vacation of the alley shall be expressly conditioned upon the Revised Easement being
established over the East 6 feet of the alley.
15. That Count II of the Plaintiffs' Complaint and the Counterclaim filed by
Defendants in this matter are hereby dismissed with prejudice.
16. That except as set forth specifically in this Final Judgment, each party
shall bear their own attorney fees and costs in connection with this matter with the Court
specifically reserving jurisdiction to award the monetary penalty and attorney fees and costs
upon proof of future violations of this Final Judgment or injunction issued by this Court.
ORDERED AND ADJUDGED in chambers, Moore Justice Center, Viera,
Brevard County, Florida, this day of � 2002.
Circuit Court Judge
ORIGINAL SIGNED BY
GEQRGE W. MAXWELL III
CIRCUIT JUDGE ods, coc f�
(Page 7 of 8)
STATE OF FLORIDA, c`,, , "y OF BREVARD
I HEREBY CERTIFY that tf��ebm erld
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Conformed copies to:
JOHN B. SHOEMAKER, ESQ.
JASON HEDMAN, ESQ.
F:U1 \DOC\32730-JUDGMENT
(Page 8 of 8)
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Ordinances -1St Reading
Item
6
No.
These proposed amendments are the result of a recent code review workshop.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 33-2003, AMENDING CHAPTER 62, RELATING TO THE
COLLECTION OF SOLID WASTE AND RECOVERABLE MATERIALS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider at first reading, Ordinance No. 33-2003, adopting technical "house cleaning" amendments to
Chapter 62, relating to the collection of solid waste and recoverable materials.
p
i
Summary Explanation & Background:
These proposed amendments are the result of a recent code review workshop.
I recommend approval at first reading.
Exhibits Attached:
Ordinance No. 33-2003
City Man ffice
Department LEGISLATIVE
ca im\mydo ument \council\meeting\2003\09-09-03\33-2003.doc
ORDINANCE NO. 33-2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, ADOPTING TECHNICAL -HOUSE CLEANING"
AMENDMENTS TO CHAPTER 62 OF THE CITY CODE
RELATING TO THE COLLECTION OF SOLID WASTE AND
RECOVERABLE MATERIALS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 62 of the Code of Ordinances, City of Cape Canaveral,
Florida, is hereby amended as follows (underlined type indicates additions and shikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing
in Chapter 62. It is intended that the text in Chapter 62 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
City of Cape Canaveral
Ordinance No. 33-2003
Page 1 of 4
CHAPTER 62 - SOLID WASTE
Sec. 62-9. Residential solid waste pickup conditions.
(a) Separation of solid waste Each owner,
place miy yard trash, or xecoverable material in wty individuai containen Each individual container
shall contain solid waste, excluding yard trash, recyclable or recoverable materials, which shall be
wrapped or inserted into individual containers in a plastic or paper bag before being inserted into
individual containers.
Sec. 62-10. Proper disposal prerequisite to collection.
No removal or collection of solid waste shall be required by the collector from any premises
within the city, unless the solid waste is deposited in proper containers, and the ownel, teSident Or
Sec. 62-11. Unlawful acts.
(d) Unlawful accumulation. It shall be unlawful for the owner, resident, occupant or manager or
person responsible for any land or premises to permit, suffer or allow, either by commission or
omission, any accumulation of solid waste upon premises or property within the city for a period
longer than four days without having arranged for disposal of the accumulation by the collector to
perform such services and it shall be unlawful and a violation of this chapter for any person, whether
owner, resident, manager or occupant of any premises to fail to provide a sufficient number of solid
waste containers per unit as provided in this chapter to amply provide for any four-day period of
solid waste accumulation. Nothing contained in this section shall prevent the owner or occupant,
resident, manager or person responsible for the premises to remove accumulations of solid water
waste himself on their own behalf, to a proper place of disposal.
(e) Unlawful disposal. It shall be unlawful to deposit or dispose of solid waste upon the premises
of another, or upon any street, alley, parkway or other public property, or any canal, ditch, water,
waterway, river, ocean, san$bed beach, pool, pond or the like within the city or in the container of
another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such
accumulations in containers which the owner or manager of the multiple dwelling or business
building has authorized for the use of the tenants thereof.
City of Cape Canaveral
Ordinance No. 33-2003
Page 2 of 4
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
[This area left intentionally blank, adoption on next page)
City of Cape Canaveral
Ordinance No. 33-2003
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
October, 2003.
ATTEST:
Rocky Randels, Mayor
For Against
Bob Hoog
Jim Morgan
Buzz Petsos
Susan Stills, City Clerk Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
F:\Docs\City of Cape Canaveral\Ordinances\Solid_Waste_33-2003.wpd
City of Cape Canaveral
Ordinance No. 33-2003
Page 4 of 4
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Resolutions
Item
7
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2003-32, APPROVING THE FINAL RE -PLAT OF JOHANSON
TOWNHOMES
DEPT./DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider the adoption of Resolution No. 2003-32, approving the final re -plat of Johanson Townhomes
as recommended by the Planning & Zoning Board.
F
Summary Explanation & Background:
The Planning & Zoning Board recommended approval at their 08-27-03 meeting.
I recommend approval.
Exhibits Attached:
Resolution No. 2003-32; P&Z Memo dated 08-28-03
City Man Office
Department GROWTH MGMT/P&Z
im\myd cum \council\meeting\2003\09-16-03\2003-32.doc
RESOLUTION NO. 2003-32
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPROVING THE FINAL RE -PLAT OF "JOHANSON
TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO
CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Jim Morgan has complied with the platting procedures of the City
of Cape Canaveral, Florida.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Final Re -Plat for Johanson Townhomes (308 and 310
Adams Avenue) Section 23, Township 24 South, Range 37 East, Block 3, Re -plat of
Lot 2, Avon -by -the -Sea Subdivision as Recorded in Plat Book 3, Page 7 of the Public
Records of Brevard County, Florida is hereby approved.
plat.
SECTION 2. The Mayor and City Clerk are hereby authorized to execute said
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th
day of September, 2003.
Rocky Randels, MAYOR
ATTEST: . , FOR AGAINST
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\PLATS\FINAL\2003\Johanson Townhomes.doc
Date: August 26, 2UU.S
City of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Boardat*00*10
Re: Johanson Townhomes - Final Re -Plat
(308 & 310 Adams Avenue)
At the Planning & Zoning Board meeting held on August 27, 2003 the Board members,
by unanimous vote, recommended approval of the above referenced final replat with the
following condition: The applicant shall change the final plat to indicate a 16 ft.
driveway width as required by code, not 13 ft. as shown on the final plat that was
presented to the Board.
Thank -you.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Discussion
Item
8
No.
5. New Community Center & City Hall Campus Site Improvements 1,969,000
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: INFRASTRUCTURE SALES SURTAX PROJECT LIST
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council review and/or amend the infrastructure sales surtax project list.
I. New Fire Department Building $ 1,100,000
2. New Police Department Building (includes land acquisition) 1,143,000
3. New Public Works Buildings 1,172,880
4. Renovation of City Hall and Annex 605,000
5. New Community Center & City Hall Campus Site Improvements 1,969,000
6. Land Acquisition/Development of Recreation Areas 4,810,120
TOTAL X10,800,000
r
Summary Explanation & Background:
If the tax is approved this November, the City would receive approximately $540,000 per year for 20 years totaling
$10,800,000.
The city engineer provided cost estimates on the facility improvements that were discussed at our goal and objective
meeting.
Once the project list is finalized, it will be submitted to the county and staff will start a public education campaign to
inform our residents.
Please advise.
Exhibits Attached:
Sales Surtax Information; SSA Facility Cost Estimates
City Ma r' f ii
Department LEGISLATIVE
ca t \m documenin\council\meeting\2003\09-16-03\surtax.doc
114
11r
•
11
Infrastructure Sales Surtax
Fact Sheet
What It It?
A one penny sales tax per dollar spent for purchases up to $ 5000.
• To provide capital infrastructure needed in a community.
Tourists pay approximately 25% of the sales tax proceeds.
• Basic items such as most groceries, medicines, services, and apartment rent are not subject to
the sales tax.
What Is The Proposed Term Of The Tax?
• 20 years beginning January 1, 2004.
How Will The Money Be Distributed In Brevard?
One third of the revenue will go to the School system projects.
• One third of the revenue will be divided among Brevard's Cities and Towns.
• One third of the revenue will go to the County Government projects.
All of the money will be used in Brevard.
How Much Money Will Be Received?
• One third of the proceeds equates to $18 million the first year.
How Will The Money Be Used?
• School facilities and equipment
• Police and Public Safety improvements
• Community projects
• Transportation improvements
• Environmental improvements
• Technology enhancements
• A Projects Catalogue is available
Will There Be Accountability On How The Money Is Spent?
• A Citizens Oversight Committee will be established to assure the money is being spent as
promised.
What Other Counties In Florida Have This Sales Tax?
• 45 Counties in Florida have this sales tax. 13 have an optional Schools Sales Tax.
• Volusia, Indian River, Osceola, and Seminole Counties, which surround Brevard, have the
Sales Surtax; while Orange has a half -penny Schools Sales Tax and will soon be voting on
another half -penny Sales Surtax.
How Much Will It Cost Me?
• $1.80 per average household per week.
• $ 7.75 per average household per month.
When Is The Referendum?
• November 4, 2003
August 20, 2003
Mr. Bennett Boucher
City Manager SSA
City of Cape Canaveral
105 Polk Avenue PO Box 326
Cape Canaveral , Florida 32920-0326
Re: Public Works Preliminary Construction Budget
Dear Mr. Boucher,
As per your request, Stottler Stagg & Associates is pleased to submit a preliminary
construction budget for the above referenced project. Please note that this estimate is based
on construction costs only and excludes owner project costs such as design & engineering
fees, furniture/equipment , signage or any other owner required total project costs.
ADDITION TO EXISTING ADMINISTRATION BUILDING
Building addition 1025 sq. ft @ $80.00/sq. ft. $82,000
Associated site improvements: Allowance $50,000
Preliminary Construction Budget $132,000
+Proposed 10% Design/construction contingency $13,200
Proposed Preliminary Construction Cost Budget $145,200
NEW PUBLIC WORKS FACILITY (Pre-engineered metal buildin
(per SSA 7/01/03 program)
Base Building 12,230 sq. ft @ $60.00/sq. ft. $773,800
Mezzanine Storage Area 2,000 sq ft @ $20.00/sq.ft. $ 40,000
Associated site improvements: Allowance $125,000
Preliminary Construction Budget $938,800
+Proposed 10% Design/construction contingency $93,880
Proposed Preliminary Construction Cost Budget $1,027,680
Proposed Construction Cost Budget (Total Project)
ADDITION TO EXISTING ADMINISTRATION BUILDING $ 145,200
NEW PUBLIC WORKS FACILITY $1,027,680
TOTAL PROJECT PRELIMINARY CONSTRUCTION BUDGET= $1,172,880
Please feel free to contact me directly if you have any questions or comments regarding this
proposed preliminary construction budget.
Sincerely, -�-�
Dennis R. Dills AIA
Cc: file
STOTTLER STAGG & ASSOCIATES
ARCHITECTS a ENGINEERS . PLANNERS, INC.
CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-7837065
501B East Oak Street Kissimmee, Florida 34744 Tel: 407-935-0649 Fax: 407-935-0685 EMAIL: ssaosceola®stottlerstagg.com
Lic. #AAC000329 #EB0000762 #LB0006700
SSA
August 20, 2003
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue PO Box 326
Cape Canaveral , Florida 32920-0326
Re: New Fire Department Building Preliminary Construction Budget
Dear Mr. Boucher,
As per your request, Stottler Stagg & Associates is pleased to submit a preliminary
construction budget for the above referenced project. Please note that this estimate is based
on construction costs only and excludes owner project costs such as design & engineering
fees, furniture/equipment , signage or any other owner required total project costs.
NEW SHOWF DEPARTMENT BUILDING
(Per SSA 6/30/03 program)- New Building (11,610 sq.ft-2600 sq.ft of existing high bay area to
be reused=9,010 sq. ft. of new building addition required.)
New building addition to exist. high bays: 9,010 sq ft @$80.00/sq. ft. $720,800
Associated site improvements: Allowance $200,000
Demolition of existing facility Allowance $ 80,000
Preliminary Construction Budget $1,000,000
+Proposed 10% Design/construction contingency $ 100,000
Proposed Preliminary Construction Cost Budget $1,100,000
Please feel free to contact me directly if you have any questions or comments regarding this
proposed preliminary construction budget.
Sincerely,
Dennis R. Dills AIA
Cc: file
S"TOTTLER STAGG & ASSOCIATES
ARCHITECTS . ENGINEERS . PLANNERS, INC.
CORPORATE OFFICE: 8680 North Atlantic Avenue P. 0. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783.1320 Fax 321-783.7065
501B East Oak Street Kissimmee, Florida 34744 Tel: 407-9350649 Fax: 407-935-0685 EMAIL: ssaoseeola@stottlerstagg.com
Lic. #AAC000329 #EB0000762 #LB0006700
August 20, 2003
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue PO Box 326
Cape Canaveral , Florida 32920-0326
Re: New City Hall Campus Site Preliminary Construction Budget
Dear Mr. Boucher,
SSA
As per your request, Stottler Stagg & Associates is pleased to submit a preliminary
construction budget for the above referenced project. Please note that this estimate is based
on construction costs only and excludes owner project costs such as design & engineering
fees, furniture/equipment , signage or any other owner required total project costs.
NEW COMMUNITY CENTER BUILDING
New building 8,000 sq ft @$80.00/sq. ft. $640,000
(Building sized to accommodate basketball courts -
space to be a multi use facility with warming kitchen)
Associated site improvements: Allowance (Community Center only) $ 50,000
NEW GAZEBO TYPE STRUCTURE
Structure Allowance $100,000
PROJECT SITE IMPROVEMENTS
Street closings & utility
relocations
Allowance
$250,000
Landscaping & Paver Systems
Allowance
$150,000
General site improvements
Allowance
$200,000
New water feature(s)
Allowance
$150,000
New signage/ clocktower or
campanile type structure
Allowance
$250,000
Preliminary Construction Budget $1,790,000
+ 10% Design/Construction contingency $ 179,000
Total Recommended Preliminary Construction Budget $1,969,000
Please feel free to contact me directly if you have any questions or comments regarding this
proposed preliminary construction budget.
Sincerely,
Dennis R. Dills AIA
Cc: f�P ,I'IL.ER STAGG & ASSOCIATES
ARCHITECTS . ENGINEERS . PLANNERS, INC.
CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321.783.7065
501B East Oak Street Kissimmee, Florida 34744 Tel: 407-935-0649 Fax: 407-935-0685 EMAIL: ssaosceola®stottlerstagg.com
Lie. #AAC000329 #EB0000762 #L130006700
SSA
August 20, 2003
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue PO Box 326
Cape Canaveral, Florida 32920-0326
Re: City Hall & Annex Preliminary Construction Budget
Dear Mr. Boucher,
As per your request, Stottler Stagg & Associates is pleased to submit a preliminary
construction budget for the above referenced project. Please note that this estimate is based
on construction costs only and excludes owner project costs such as design & engineering
fees, furniture/equipment , signage or any other owner required total project costs.
Renovation of existing facilities: 8000 sq. ft @ $50.00/sq. ft. $400,000
Exterior facade renovation: Allowance $100,000
Associated site improvements: Allowance $50,000
Preliminary Construction Budget $550,000
Proposed Design/Construction Contingency (10%) $55,000
Proposed Construction Cost Budget $605,000
Please feel free to contact me directly if you have any questions or comments regarding this
proposed preliminary construction budget.
Sincerely,
Dennis R. Dills AIA
Cc: file
STO=R STAGG & ASSOCIATES
ARCHITECTS . ENGINEERS . PLANNERS, INC.
CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-7837065
501B East Oak Street Kissimmee, Florida 34744 Tel: 407-935-0649 Fax: 407-935-0685 EMAIL: ssaosceola®stottlerstagg.com
Lic. #AAC000329 #EB00(X)762 #LB0006700
SSA
August 20, 2003
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue PO Box 326
Cape Canaveral, Florida 32920-0326
Re: New Sheriff Building Preliminary Construction Budget
Dear Mr. Boucher,
As per your request, Stottler Stagg & Associates is pleased to submit a preliminary
construction budget for the above referenced project. Please note that this estimate is based
on construction costs only and excludes owner project costs such as design & engineering
fees, furniture/equipment , signage or any other owner required total project costs.
NEW SHERIFF DEPARTMENT BUILDING
New Building 6,000 sq. ft @ $80.00/sq. ft. $480,000
Associated site improvements: Allowance $150,000
Preliminary Construction Budget $630,000
+Proposed 10% Design/construction contingency $63,000
Proposed Preliminary Construction Cost Budget $693,000
+Land Acquisition Cost $450,000
TOTAL RECOMMENDED BUDGET (Building, Site and _Land) $1,143,000
Please feel free to contact me directly if you have any questions or comments regarding this
proposed preliminary construction budget.
Sincerely,
I ISM )
Dennis R. Dills AIA
Cc: file
STOMER STAGG & ASSOCIATES
ARCHITECTS . ENGINEERS . PLANNERS, INC.
CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065
501B East Oak Street Kissimmee, Florida 34744 Tel: 407-9350649 Fax: 407-935-0685 EMAIL: ssaosceola®stottlerstagg.com
Lie. #AAC000329 #EB0000762 #LB0006700
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Discussion
Item
9
No.
If City Council concurs, this item will be sent to the Planning & Zoning Board for review and recommendation.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: RESIDENTIAL PLANNED UNIT DEVELOPMENTS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
Councilmember James Morgan is requesting the City Council consider amending Code Section 110-436, the
minimum size for a residential planned unit development, from (10) acres to (5) acres.
Summary Explanation & Background:
See attached Code Section No. 110-436.
If City Council concurs, this item will be sent to the Planning & Zoning Board for review and recommendation.
Discussion item only.
Exhibits Attached:
City Man Office
Department LEGISLATIVE
ca im\my s admin\council\meeting\2003\09-16-03\rpud.doc
§ 110-423
CAPE CANAVERAL CODE
of the city, and the approval shall be-
come a binding condition on the use of
the land encompassed by the approved
site plan under the applicable residen-
tial planned unit development zone.
c. Upon approval of the final development
plan, the developer may sell or transfer
any separately identified parcel or tract
of land within the boundaries of the
final development plan not designated
as common open space or areas speci-
fied for the use of all owners within the
residential planned unit development.
(Code 1981, § 640.15)
Secs. 110.424-110.435. Reserved.
DIVISION 3. LAND USE REGULATIONS
Sec. 110-436. Minimum size.
The minimum size for a residential planned unit
development shall be ten acres.'
(Code 1981, § 640.09(A))
Sec. 110-437. Maximum density.
(a) The average density permitted in each res-
idential planned unit development shall be estab-
lished by the city council, upon recommendation
of the planning and zoning board. The criteria for
establishing an average density includes existing
zoning, adequacy of existing and proposed public
facilities and services, site characteristics and the
recommended density of any land use involving
the area in question. In no case shall maximum
density permitted exceed 15 dwelling units per
acre, and in no case shall the overall number of
dwelling units permitted in the residential
planned unit development be inordinately allo-
cated to any particular portion of the total site
area.
(b) If a developer elects to develop the property
in stages, the cumulative density with each sub-
sequent stage must be approximately the same as
the overall density approved for the entire project,
in that such cumulative density shall not vary
upward more than two units per acre and that
upon completion of all stages the final density
shall be equal to the density approved in the pre-
liminary development plan.
(Code 1981, § 640.09(B))
Sec. 110.438. Minimum common recreation
and open space.
(a) As used in this section, the term "common
recreation and open space" means the total
amount of improved usable area, including out-
door space, permanently set aside and designated
on the site plan as recreational or open space for
use by residents of the residential planned unit
development.
(b) Twenty-five percent of the gross site acreage
shall be delineated as tracts for common recre-
ation and open space.
(c) Common open space shall be integrated
throughout the residential planned unit develop-
ment to provide for a linked recreational and open
space system. Such usable space may be in the
form of active or passive recreation areas, in-
cluding but not limited to: playgrounds, golf
courses, beach frontage, nature trails and lakes.
Common open space shall be improved to the ex-
tent necessary to complement the residential uses
and may contain compatible and complementary
structures for the benefit and enjoyment of the
residents of the residential planned unit develop-
ment. Easements, parking areas, perimeter set-
back areas, road rights-of-way and minimum yards
and minimum spacings between dwelling units
may not be included in determining open space.
Perimeter setback areas may be included as open
space if improvements such as bikeways and pe-
destrianways are provided. Water bodies may be
used to partially fulfill common open space re-
quirements; calculations for such may not exceed
50 percent of the required open space. The exclu-
sion of water bodies which are in whole or part
drainage easements may be waived by the city
council after adequate measures are provided
which guarantee in perpetuity a level of water
quality acceptable for recreational purposes. Pri-
vate navigable canals shall not be utilized in ful-
filling the common open space requirement. If golf
courses are used to partially fulfill common open
space requirements, calculations for such may not
exceed 60 percent of the required open space.
CD110:56
ZONING
Where a golf course is utilized to partially fulfill
the open space requirement, other facilities to meet
the active residential needs of children and adults
shall be provided. All water areas included as part
of the open space requirement shall be permanent
water bodies and shall be improved with 3:1 min-
imum sloped edge extending at least 20 feet into
the water areas and planted with grass and main-
tained around all sides so as not to harbor mos-
quitoes, insects and rodents, unless it is deter-
mined by an environmental review of the water
body that such slope or improvements would be
detrimental to the ecology of such water body site.
(Code 1981, § 640.09(C))
Sec. 110.439. Minimum lot area; frontage; set-
backs; accessory uses.
(a) The minimum lot size for a detached single-
family structure in the residential planned unit
development shall be an area not less than 6,000
square feet and having a width of not less than 60
feet. The minimum lot size may be waived by the
city council if the proposed lots all have substan-
tial relationship to the common open space (e.g.,
directly adjacent or abut a common open space
area) and the arrangement of dwelling units pro-
vides for adequate separation of units and the
living area of the dwelling units is properly re-
lated to the configuration of the proposed lots. All
lots to be platted at less than 7,500 square feet
shall have the location of structures set forth on
the final development plan.
(b) Each dwelling unit or other permitted use
shall have access to a public street either directly
or indirectly via paved road, pedestrianway, court
or other area dedicated to public or private use of
common easement guaranteeing access. Permitted
uses are not required to front on a public dedi-
cated road. The city shall be allowed access on
privately owned roads, easements and common
open space to ensure the police and fire protection
of the area to meet emergency needs, to conduct
city services and to generally ensure the health
and safety of the residents of the residential
planned unit development.
(c) Minimum distances between structures and
setbacks shall be as follows:
(1) For a single-family detached structure, the
structure shall set back not less than eight
§ 110-439
feet from the side lot lines and not less than
15 feet from the rear lot line. On a corner
lot, the side street setback shall be not less
than 25 feet. The city council may, upon
recommendation of planning and zoning
board, reduce the required side setbacks and
the distances between structures, provided
that proposed structures do not abut utility
easements or otherwise affect the ability to
provide and maintain utility service to each
lot, to provide the usage of zero lot line ap-
plication and other innovative building
techniques.
(2) Between structures of two stories or less,
15 feet.
(3) Between structures of three stories, 20 feet.
(4) Between structures of four stories, 25 feet.
(5) Between structures over four stories, five
feet for each additional story.
(6) Between structures of varying heights, the
larger distance separation shall be required.
Buildings shall not exceed the maximum height
allowed in the zoning district in which they are
constructed.
(d) Setbacks required between the nearest part
of any building wall and the edge of any public
right-of-way or private street pavement shall be
25 feet, unless waived by the city council based on
the recommendation of the planning and zoning
board. A minimum 25 -foot setback shall be main-
tained between the walls of all structures and the
property line along the perimeter of the residen-
tial planned unit development, unless waived by
the city council.
(e) On property bordering the ocean, a min-
imum of 25 percent of the frontage shall be left
open as breezeway.
(f) On property bordering the ocean, all struc-
tures shall be set back at least 50 feet from the
bluff line or vegetation line, whichever is greater,
provided such setback is also subject to the coastal
setback line established by the state department
of environmental protection. On all property bor-
dering other major waterways, all structures shall
CD110:57
§ 110.439
CAPE CANAVERAL CODE
be setback at least 25 feet from the established
shoreline. This setback shall be free of all uses.
(Code 1981, § 640.09(D))
Sec. 110-440. Maximum length of structures.
In a residential planned unit development, the
maximum length of a structure shall be 185 feet,
unless an excess is specifically authorized by the
city council, as recommended by the planning and
zoning board.
(Code 1981, § 640.09(E))
Sec. 110-441. Minimum floor area.
In a residential planned unit development, the
minimum floor area per unit shall be as follows:
(1) Single-family dwellings, attached or de-
tached, unless waived by city council, 1, 100
square feet.
(2) Duplex, 750 square feet.
(3) Multi -family dwellings:
a. Efficiency, 450 square feet.
b. One bedroom, 650 square feet.
c. Two bedrooms, 750 square feet.
d. Three bedrooms, 950 square feet.
(Code 1981, § 640.09(F))
Sec. 110-442. Offstreet parldng.
In a residential planned unit development, off-
street parking shall be provided as follows:
(1) For primary residential uses, a minimum
of three parking spaces per dwelling unit
shall be provided, unless a reduction in
parking is specifically authorized by the city
council as recommended by the planning
and zoning board. Each space must contain
at least 200 square feet of area and shall be
convenient to residential use. Parking areas
shall not be separated from associated struc-
tures by any public right-of-way. Parking
areas shall be landscaped in accordance
with section 110-567.
(2) Where the residential planned unit devel-
opment consists of single-family detached
dwellings on platted lots of less than 6,600
square feet, the developer may be required
to provide an approved designated common
area for the parking of campers, travel
trailers, recreational trailers and vehicles,
boats and boat trailers and other similar
vehicles.
(Code 1981, § 640.09(G))
Sec. 110-443. Underground utilities.
(a) Within the residential planned unit devel-
opment, all utilities, including telephone, televi-
sion cable and electrical systems, shall be installed
underground. Primary facilities providing service
to the site of the residential planned unit devel-
opment may be exempted from this subsection.
Large transformers shall be placed on the ground
and shall be contained within pad mounts, enclo-
sures or vaults.
(b) The developer must provide landscaping
with shrubs and plants to screen all utility facil-
ities permitted above ground. The planning and
zoning board may require that substations be
screened by trees and shrubs or walls resembling
a structure which is compatible with the design of
the buildings within the residential planned unit
development.
(Code 1981, § 640.09(H))
Sec. 110.444. Development standards.
The minimum construction requirements for
streets or roads, sidewalks, sewer facilities, utili-
ties and drainage in the residential planned unit
development shall be in compliance with the re-
quirements of this chapter and chapter 82 per-
taining to buildings. Design requirements with
respect to streets, sidewalks and drainage may be
waived by the city council upon the recommenda-
tion of the planning and zoning board.
(Code 1981, § 640.09(I))
Sec. 110.445. Preservation of trees.
Within the residential planned unit develop-
ment, trees shall be preserved in accordance with
section 102-36 et seq.
(Code 1981, § 640.090)
Secs. 110.446-110.465. Reserved.
CD 110:58
t
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Discussion.
[tem
10
No.
2. Look into zoning; have firework outlets zoned in industrial areas.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: COUNTY FIREWORKS REGULATION
DEPT./DIVISION: LEGISLATION
Requested Action:
City Council formulate recommendations to forward to County Commissioner Ron Pritchard who has formed a
work group to review recommendations for the countywide regulation of fireworks.
Summary Explanation & Background:
The work group met for the first time on 08-13-03. Actions items are:
1. Define/declare fireworks as high hazard material.
2. Look into zoning; have firework outlets zoned in industrial areas.
3. Evaluate the requirement for fire suppression systems.
4. Utilize the City of Orlando fireworks ordinance as a basis for a countywide fireworks code.
The group will meet on 09-17-03 to review and evaluate materials.
Exhibits Attached:
Ordinances from Orlando, Polk County and Cocoa Beach
City Mannads Office
Department LEGISLATIVE
ca kim s\admin\council\meeting\2003\09-16-03\fireworks.doc
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Sec. 24.22. Sale and Purchase of Fireworks.
(a) Definitions.
(1) "Seller" means any person, corporation, firm, or co -partnership
engaged in the business of selling fireworks. "Seller" shall also include
"Manufacturer," "Retailer," "Seasonal Retailer," "Wholesaler," and
"Distributor" as defined in Chapter 791, Florida Statutes, as amended.
(2) "Fireworks" as used herein shall have the same definition as used in
Chapter 791, Florida Statutes, as amended; provided, however, that this
Section shall not apply to the sale of blank cartridges for a show or theater,
or for signal or ceremonial purposes in athletics or sports.
(b) When selling fireworks pursuant to an exception or exemption set forth in
Florida Statutes, Section 791.02, 791.04, or 791.07, the seller of fireworks shall
require the purchaser to produce a photo identification or such other documents as
are needed to establish the identity of the purchaser. Additionally, the seller shall
document and record for each sale:
(1) the name, home address, and home telephone number of the
purchaser;
(2) a detailed description of the documents reviewed to establish the
identification of the purchaser;
(3) the date of the purchase or sale;
(4) the name and home address of the salesperson making the sale;
(5) the specific nature of the use which qualified for the exception or
exemption relied upon (i.e. "a sale at wholesale", "a sale to be shipped
directly out-of-state", etc.);
(6) the manufacturer's label name and the quantity for each firework sold;
and
(7) the proof reviewed by the seller to establish the exception or
exemption applied to that sale, which shall at a minimum contain the
following information:
(A) If the sale is at wholesale between manufacturers,
distributors, and wholesalers who have registered with the Division
of the State Fire Marshall of the Department of Insurance prior to
consummating the sale, the seller shall review the actual permit or
certificate issued to the purchaser by the State Fire Marshal, record
its number and date of issuance, and retain a photocopy of such
permit or certificate for inspection pursuant to § 24.22(c).
(B) If the sale is for fireworks that are to be shipped directly out-
of-state by the seller, the seller shall record the name, address, and
telephone number of the common carrier who will make the delivery
and the date said fireworks were delivered to that common carrier
by the seller.
(C) If the sale of fireworks is to a person holding a permit from
any board of county commissioners or governing body of any
municipality in the State of Florida prior to consummating the sale,
the seller shall review the actual permit; and record the date of the
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permit, the permit number, and the identity of the governing body
r issuing the permit; and retain a photocopy of the permit for
inspection pursuant to § 24.22(c).
(D) If the sale is for the use solely and exclusively in frightening
birds from agricultural works or fish hatcheries to a person who has
previously filed a statement in writing, with the Sheriff of the county
in which the person is engaged in agricultural works or the
operation of a fish hatchery, which statement complies with the
rules of the Department of Agriculture and Consumer Services, the
seller shall prior to consummating the sale review an actual copy of
said statement; record the date of the statement, the address of the
agricultural use or fish hatchery, and the identity of the Sheriff with
whom the statement was filed; and retain a photocopy of the
statement for inspection pursuant to § 24.22(c).
(E) If the sale is to a proposed purchaser who does not comply
with subparagraphs 7(A) or 7(B) above, or does not hold a permit
or statement as described in subparagraphs 7(C) or 7(D) above,
then the purchaser shall obtain a permit issued by the City of
Orlando establishing that the purchaser qualifies for an exemption
under Florida Statutes 791.02, 791.04, or 791.07, and the seller
shall review and photocopy the permit; record the date of the permit
and the permit number, and retain a photocopy of the permit for
inspection pursuant to § 24.22(c).
(c) The information required to be photocopied or recorded in sub -section (b)
above shall be available for review, inspection, numbering, and/or copying by the
City or its agent at the location where the fireworks are being sold during the period
that fireworks are being sold. Additionally, said information shall be retained by the
seller for a period of one year from the date of sale, and if requested by the City or
its agent, shall be produced for review, inspection, numbering, and/or copying at
City Hall during normal business hours. The request of the City or its agent shall be
in writing and served upon the seller by certified mail, return receipt requested, or
by hand delivery to the seller at the last known address of such seller. The seller
shall produce the requested information to the City or its agent within five (5)
business days after receipt of the written request.
(d) Any person, corporation, firm, or co -partnership purchasing fireworks
pursuant to Chapter 791, Fla. Stat., shall, upon request, provide to any law
enforcement officer or code enforcement officer proof of his/her exempt status, as
required herein.
(e) Any law enforcement officer or code enforcement officer may seize any
fireworks from any purchaser who at the site of the sale refuses to or fails to provide
proof of his/her exempt status as required herein.
(f) It is unlawful for any seller, as defined herein, to sell fireworks without first
obtaining, documenting and recording the information required to be recorded in
sub -section 24.22(b) above.
(g) It is unlawful for any seller of fireworks to fail to retain the information or
records required to be recorded under this Section for a period of one year from the
date of sale or to fail to make said information or records available for review,
inspection, numbering, and copying as above provided.
(h) It is unlawful for any seller of fireworks to fail to produce the information
required to be recorded and retained under sub -section 24.22(b) and (c) above
within the time limits prescribed herein after the written request of the City or its
agent.
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(i) It is unlawful for any person, corporation, firm, or co -partnership to
misrepresent, misstate, or falsify a statutory exemption under Chapter 791, Florida
Statutes for the purpose of inducing a sale of fireworks.
(j) Penalties.
(1) Each violation of this Section shall constitute a separate offense
punishable as provided in Section 1.08 of the City Code.
(2) In addition to the penalties set forth in Paragraph 24.220)(1) above,
Sections 24.22(d) and (i) may be enforceable through the use of code
enforcement citations as described in Chapter 5 of this Code.
(k) - Permits reflecting that a person meets the requirements for an exemption
under Florida Statute 791 may be obtained from the City from its Orlando Fire
Department by providing to said Department such information as may be
reasonably required to establish that said person qualifies for said exemption. A
permit may be valid for up to twelve (12) months from its date of issuance. There
shall be no charge for said permit.
(1) The Orlando Fire Department shall either issue a permit or deny a request for
a permit as soon as is reasonably practical, but in no event later than three
business days of receiving a request for a permit and its supporting information. If
an applicant is dissatisfied with the decision of the Orlando Fire Department, the
applicant may appeal to the City of Orlando's Chief Administrative Officer (CAO)
and the CAO shall render a written decision within five (5) days of receiving the
appeal. An applicant wishing to appeal the decision of the CAO may file a request
for immediate judicial review with the court having jurisdiction thereof, or in the
alternative, may file an appeal to the City Council within five (5) days after receipt of
the notice of denial by filing a written notice with the CAO with a copy delivered to
the City Clerk, and such appeal shall be considered at the next regularly -scheduled
City Council meeting. An applicant wishing to appeal the decision of City Council
may file a request for immediate judicial appeal with the court having jurisdiction
thereof.
(Ord. of 12-17-2001, § 2, Doc. #011217701; Ord. of 12-18-2001, § 1, Doc.
#011217705; Ord. of 12-2-2002, Doc. #021202704)
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Sec. 24.29. Addition to NFPA 1, Chapter 16 Fireworks, Model
Rocketry, Explosives.
NFPA 1, Chapter 16 is adopted in its entirety with the following additions.
(a) Add to Section 16-1.
Fireworks.
(1) Except as permitted by Florida Statutes, it shall be unlawful
for any person to possess, store, to offer for sale, expose for sale,
sell at retail or use or explode any fireworks; public displays
conducted in accordance with NFPA 1123 shall be permitted when
the operator is in possession of a valid permit issued by the City.
Every such use or display shall be handled by a competent
operator approved by the AHJ and shall be of such character and
so located, discharged or fired so as not to be hazardous to
property or endanger any person.
(2) Applications for permits shall be made in writing at least
fifteen (15) days in advance of the date of the display. After such
privilege shall be granted, sale possession, use and/or distribution
of fireworks for such display shall be lawful for that purpose only.
No permit granted hereunder shall be transferable.
(b) Add to Section 16-2 and 16-3.
Fireworks/Special Effects.
(1) No person shall discharge any fireworks, as defined in this
Code, without a permit. Such permit shall prescribe the explosive
compounds or incendiary composition to be used and the amount
per show.
(2) Prior to the issuance of a permit for fireworks/special effects,
the operator shall file application with the Fire Department, stating
qualifications and other information as deemed necessary by the
AHJ to certify that the operator is capable of safely discharging
such fireworks as described to the satisfaction of the AHJ.
(3) The location of the fireworks/special effects display shall be
specified as to street address, building designation and exact area
within the building to assure that the proposed display can safely be
discharged as approved.
(4) No permit once issued may be transferred to another location
nor to another operator, and any change in the information listed on
the permit will necessitate the reapplication for a new permit; the
previously -issued permit is then void.
(5) At no time shall the amount of explosive compound inside the
building listed on the permit exceed the amount necessary for one
show date consumption.
(6) No permit shall be issued until the show setup is approved by
the AHJ or his designee prior to the first show.
(7) No permit shall be issued unless the building listed as the
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location of the display has had a current fire inspection and is in
compliance with the Fire Prevention Code.
(c) Add to Section 16-10.2 Permits.
Permits are required in the City of Orlando as indicated on Section
24.16 (u) (11) of The Fire Prevention Code.
(d) Add to Section 16-10-3.
Structures where fireworks, as defined in Florida Statute 791, are
housed, stored, or sold shall meet all of the following conditions:
(1) Non-combustible construction
(2) Free-standing building with a clear space on all four sides of
at least 20 feet.
(3) Protected by a supervised automatic sprinkler system
designed for Extra Hazard or an ESFR system.
(4) Protected by a fire alarm system initiated by pull stations and
smoke detectors with appropriate notification appliances.
(5) Protected by a smoke exhaust system initiated by smoke
detectors throughout the building.
(6) Sales area is limited to 5,000 sq. ft.
Exception: Existing structures or stores currently permitted to
house, store, or sell fireworks before the adoption of Sec. 24.29(d)
may continue to house, store, or sell fireworks so long as conditions
of the current permit continue to be satisfied.
(Ord. of 12-17-2001, § 2, Doc. #011217701; Ord. of 9-23-2002, § 2, Doc.
#020923716)
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BOCC COUNTY ATTORNEY 863 534 7654
1
POLK COUNTY ORDINANCE NO. 94--3-4—
AN ORDINANCE REGULATING THE SALE AND
DISTRIBUTION OF FIREWORKS; PROVIDING
FOR DEFINITIONS; REGULATING THE
STORAGE AND SALE OF SPARKLERS;
PROHIBITING THE SALE OR USE OF
FIREWORKS; REGULATING THE PUBLIC
DISPLAY OF FIREWORKS; PROVIDING FOR
SALE RECORDS AND RECEIPTS; PROVIDING
PENALTIES; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, many injuries to both persons and property occur each year as
a result of improper use and illegal sale of fireworks being sold under the guise
of being sparklers and, therefore, legal for consumer purchase and use; and
WHEREAS, the improper use and illegal sale of items purporting to be lawful
sparklers cause life and property threatening fires and fire hazards; and
WHEREAS, it is deemed necessary to protect the lives and property of the
people of Polk County, Florida, through regulatory measures designed and
intended to reduce personal injury and property damage and minimize the
possibility of fires and the creation of fire hazards; and
WHEREAS, by the adoption of this ordinance, it is the intention of the
Board of County Commissioners of Polk County, Florida, to facilitate the
enforcement of the statutory provisions of Chapter 791, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF POLK COUNTY, FLORIDA;
SECTION 1: Title.
This ordinance shall be known as and may be cited as the Polk County
Fireworks Ordinance.
HOCC COUNTY ATTORNEY 863 534 7654
SECTION 2: Findings of Fact.
The foregoing findings are incorporated herein by reference and made a
part hereof.
SECTION 3: Anpli,cability.
This Ordinance shall apply within all of the unincorporated
areas of Polk County, Florida and all incorporated areas of the
County to the extent that it does not conflict with a municipal
ordinance or code.
SECTION 4: Definitions.
1. Division - "Division" shall mean the Polk County Fire
Services Division
2. As used herein, the terms "fireworks", "sparklers",
"retailer", "wholesaler", "distributor", and "manufacturer" shall have
the same meaning as specified in Section 791.01, Florida Statutes.
SECTION 5: Storage and Sale of Sparklers.
1. Sparklers shall be stored and/or sold in the
unincorporated areas of Polk County in accordance with the Zoning
Ordinance, the Fire Code, and all related fire prevention regulations,
Polk County license laws, permits issued by the local fire official
having jurisdiction, and all other state and local laws.
2• All manufacturers, distributors, and wholesalers of
sparklers shall be registered with the State Division of Fire Marshal
pursuant to Section 791.015, Florida Statutes.
3. A retailer of sparklers shall be required to comply with the
provisions of Section 791.02, Florida Statutes.
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BOCC COUNTY ATTORNEY 863 534 7654
SECTION 6: Prohibition Against Fireworks; Exceptions: Permits and Reaulations.
1. Except as provided in Sections 791.02, 791.04, or 791.07,
Florida Statutes, it shall be unlawful for any person, firm,
partnership, or corporation to offer for sale, expose for sale, sell at
retail, use or explode any fireworks within Polk County, Florida.
2. Anyone person, firm, partnership, or corporation
engaging in the sale, at retail or wholesale, or in the distributing or
manufacturing of fireworks must first apply for and secure a permit
from the Division. The application for such permit shall include
proof that the applicant is registered with the Division of the State
Fire Marshal as a wholesaler, distributor or manufacturer of
fireworks pursuant to Section 791.015, Florida Statutes, and such
other information as deemed necessary by the Division.
3. The' purchaser of any fireworks from a retailer,
wholesaler, distributor or manufacturer must furnish to the seller,
at the time of sale, proof of identification and, if applicable, proof
that the buyer is registered with the Division of the State Fire
Marshal and otherwise in compliance with Chapter 791, Florida
Statutes.
4. The seller must maintain a permanent, on-site record of
all sales, including the name and address of each purchaser, the
form of purchaser's identification, and proof of registration and
compliance with Chapter 791, Florida Statutes. If the seller
determines that registration under Chapter 791 is not required, then
the basis for such exception or exemption shall be recorded.
5. Any person, firm, partnership, or corporation who is not
BOCC COUNTY ATTORNEY 863 534 7654
registered with the Division of the State Fire Marshal and who,
pursuant to Section 791.04, Florida Statutes, purchases fireworks for
shipment directly out of the state, shall not be allowed to take
possession of such fireworks. The seller shall retain the possession
of such fireworks and shall be responsible for shipping same to the
purchaser at an out-of-state point of delivery.
6. Any person, firm, partnership or corporation who is not
registered with the division of State Fire Marshall and who,
pursuant to Section 791.07, Florida Statutes, purchases firecrackers
for frightening birds must provide to the seller a copy of the
statement that has been filed with and stamped as received by the
Polk County Sheriff's office pursuant to the rules prescribed by the
Department of Agriculture and Consumer Services. The seller shall
be required to maintain the stamped copy of the statement in
addition to the information required in paragraph 4 above.
7. All appropriate local and state permits, registrations and
licenses must be displayed at each retail, wholesale, distributing, or
manufacturing site.
8. The law enforcement agency having jurisdiction has the
authority to close immediately any business that is selling fireworks
without the appropriate state and local permits or in violation of any
portion of this ordinance.
SECTION 7: Public Display of Fireworks.
1. Any person, firm, partnership, or corporation that
intends to present a public display of fireworks, within the
unincorporated area of Polk County, as contemplated within Section
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BOCC COUNTY ATTORNEY 863 534 7654
791.02, Florida Statutes, shall apply for and secure a permit for same
from the Division before purchasing and using such fireworks.
2. The application for such permit shall be made at least
fifteen (15) days prior to the event and on a form adopted by the
Division. The application must be accompanied by the following:
a. Proof of general liability insurance for each
fireworks display in the amount of One Million Dollars
($1,000,000.00).
b. A Hold Harmless Agreement executed by the
applicant in favor of Polk County, Florida.
SECTION 8: Vendor Recuts.
Every seller of fireworks shalt be required to provide to each
purchaser of such item a receipt showing items sold, purchaser's
name and address, seller's name and address, and date of purchase.
Such receipt shall be provided at the time of purchase and the
seller shall maintain the copy, which shall be available for inspection
by the Division or any law enforcement officer.
SECTION 9: Penalties.
Any person, firm, partnership, or corporation that violates any
provision of this ordinance shall, upon conviction, in a court of
competent jurisdiction, be subject to a fine not exceeding the sum
of Five Hundred Dollars ($500.00) or imprisonment in the County jail
for a term not exceeding sixty (60) days, or by both such fine and
imprisonment. Each incidence of a violation shall constitute a
separate offense.
3a
BDCC COUNTY RTTDRNEY
863 534 7654
�- SECTION 10: Se,. _rabilitY.
If any provision of this ordinance or the application thereof
to any person, firm, partnership or corporation or circumstances is
held to be unenforceable or otherwise invalid, the unenforceability
or invalidity shall not affect other provisions or applications of this
ordinance which can be given effect without the unenforceable or
invalid provision or application, and to this end the provisions of
this ordinance are declared severable.
SECTION 11: Effective Date.
The provisions of this ordinance shall become effective upon
receipt of acknowledgement from the Department of State that a
certified copy of this ordinance has been filed with said office.
31
I—
BOCC COUNTY nTTORNIEY 863 534 7654
STATE OF FLORIDA, )
COUNTY OF POLK. )
1, E. D. "Bud" Dixon, Clerk of the Board of County Commissioners of
Polk County, Florida, hereby certify that the foregoing is a true and correct
copy of Ordinance No. 94-34 , Ordinance regulating the Sale and Distribution
of Fireworks
which was adopted by the said Board in regular sesson on Tuesday,
June 7, 1994
WITNESS my band and official seal on this 8th day of June
19 -94.
E. D. "Bud" Dixon
Clerk
(SEAL)
By:
Deputy Clerk
3a-
HOCC COUNTY ATTORNEY 063 534 7654
POLK COUNTY ORDINANCE NO. 97- 12
AN ORDINANCE AMENDING POLK COUNTY ORDINANCE
NO. 94-34, THE POLK COUNTY FIREWORKS ORDINANCE;
PROVIDING FOR A PERMIT FEE; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK
COUNTY, FLORIDA:
SECTION 1: Section 6 of Polk County Ordinance No. 94-34 is hereby amended as follows:
1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes,
it shall be unlawful for any person, firm, partnership, or corporation to offer for sale,
expose for sale, sell at retail, use or explode any fireworks within Polk County, Florida.
2. Any person, firm, partnership, or corporation engaging in the sale, at retail
or wholesale, or in the distributing or manufacturing of fireworks must first apply for and
secure a permit from the Division. The application for such permit shall include proof that
the applicant is registered with the Division of the State Fire Marshal as a wholesaler,
distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and
" ► shall be accompanied by a permit fee in an amount to be established by resolution of the
Board of County Commissioners and such other information as deemed necessary by the
Division.
3. The purchaser of any fireworks from a retailer, wholesaler, distributor or
manufacturer must famish to the seller, at the time,of sale, proof of identification and, if
applicable, proof that the buyer is registered with the Division of the State Fire Marshal and
is otherwise in compliance with Chapter 791, Florida Statutes.
33
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HOCC COUNTY ATTORNEY 963 534 7654
4. The seller must maintain a permanent, on-site record of all sales, including
the name and address of each purchaser, the form of purchaser's identification, and proof of
registration and compliance with Chapter 791, Florida Statutes. If the seller determines that
registration under Chapter 791 is not required, then the basis for such exception or exemption
shall be recorded.
5. Any person, firm, partnership, or corporation who is not registered with the
Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes,
purchases fireworks for shipment directly out of the state, shall not be allowed to take
possession of such fireworks. The seller shall retain the possession of such fireworks and
shall be responsible for shipping same to the purchaser at an out-of-state point of delivery.
6. Any person, firm, partnership or corporation who is not registered with the
Division of the State Fire Marshal and who, pursuant to Section 791.07, Florida Statutes,
purchases firecrackers for frightening birds must provide to the seller a copy of the statement
that has been filed with and stamped as received by the Polk County Sheriff's Office pursuant
to the rules prescribed by the Department of Agriculture and Consumer Services. The seller
shall be required to maintain the stamped copy ofthe statement in addition to the information
required in paragraph 4 above.
7. All appropriate local and state permits, registrations and licenses must be
displayed at each retail, wholesale, distributing, or manufacturing site.
8. The law enforcement agency having jurisdiction has the authority to close
immediately any business that is selling fireworks without the appropriate state and local
permits or in violation of any portion of this ordinance.
34
BOCC COUNTY ATTORNEY 063 534 7654
SECT -ION 2: Section 7 of Polk County Ordinance No. 94-34 is hereby amended as follows:
1. Any person, firm, partnership, or corporation that intends to present a public
display of fireworks within the unincorporated area of Polk County as contemplated within
Section 791.02, Florida Statutes, shall apply for and secure a permit for same from the
Division before purchasing and using such fireworks.
2. The application for such permit shall be made at least fifteen (l 5) days prior
to the event on a form adopted by the Division. The application must be accompanied
by the following:
a. Proof of general liability insurance for each fireworks display in the
amount of One Million Dollars ($1,000,000.00);
b. A Hold Harmless Agreement executed by the applicant in favor of
Polk County, Florida; and
C. A permit fee in an amount to be established by resolution of the Board
of County Commissioners.
If any portion of this ordinance is for any reason held invalid or unconstitutional by a 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 portions of this ordinance.
This Ordinance shall become effective upon filing of a certified copy of the Ordinance with
the Department of State.
35"
ORDINANCE NO. 1361
AN ORDINANCE OF THE CITY OF COCOA BEACH, FLORIDA, AMENDING
CHAPTER 15 - OFFENSES; ADDING A NEW SECTION - 15-37, ENTITLED:
FIREWORKS; PROHIBITED ON OCEAN PUBLIC BEACH; EXEMPTIONS; AND
PROVIDING FOR CONFLICTS, SEVERABILITY AND EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII of the State
constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the ocean beach is a precious natural resource, protecting our barrier island
and attracting visitors to support our local economy; and
WHEREAS, the beach dune system, inhabited by diverse wildlife and fortified by native
vegetation, protects and preserves our barrier island community from the forces of nature; and
WHEREAS, there is a need to preserve and protect the sandy beach, the dune system,
the wildlife and the native vegetation; and
WHEREAS, the ocean beach of Cocoa Beach from time to time is prone to dense
congregations of people; and
WHEREAS, the use or possession of fireworks in the State of Florida is restricted to
agricultural purposes; and
WHEREAS, there are no agricultural areas in the city limits of Cocoa Beach; and
WHEREAS, the discharging of fireworks for non-agricultural purposes, other than those
displays for which a Special Event permit is issued, is illegal in the City of Cocoa Beach; and
WHEREAS, the discharging of fireworks can cause fires in the dune vegetation or nearby
public and private structures; and
WHEREAS, the discharging of fireworks adversely affects the peace, tranquility and
quality of life for persons residing nearby.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCOA BEACH,
FLORIDA, AS FOLLOWS:
SECTION 1. CHAPTER 15 - OFFENSES, SECTION 15-37 IS HEREBY CREATED TO READ
AS FOLLOWS:
Sec. 15-37. Reserved. Fireworks: Prohibited on Ocean Public Beach; Exemptions
Fireworks shall mean any combustible or explosive composition or any substance or combination
of substances or article prepared for the purpose of producing a visible or an audible effect by
combustion expulsion deflagration or detonation and shall include blank cartridges, toy pistols.
toy cannons toy canes or toy guns in which explosives are used, firecrackers, torpedoes,
skyrockets roman candles cherry bombs sparklers and other devices of like construction and
any fireworks containing any explosive or flammable compound or any tablets or other device
containing any explosive substance except that the term "fireworks" shall not include model
rockets and model rocket engines designed sold and used for the purpose of propelling
recoverable airborne models and shall not include toy pistols, toy canes, toy guns or other
devises in which paper or plastic caps manufactured as provided therein the sale and use of
which shall be permitted at all times.
Ordinance No. 1361
l7
In the interest of the health, safety and welfare of residents and visitors and the orderly patrol of
the beach areas by the city police, it shall be unlawful to discharge fireworks
(a) within the incorporated city limits of Cocoa Beach anywhere easterly of a line 500 feet to
the west of, and running parallel with, the center of dune venetation line. or
(b) in the waters of the Atlantic Ocean within 500 feet of the mean high water line. or
(c) in any public park.
The possession of fireworks within these areas without a special event permit from the Citv
by any person shall constitute a prima facie violation of this section. Violations of this section shall
be Class I offenses as outlined in Chapter 31 of the Code of Ordinances of Cocoa Beach and
forfeiture of fireworks.
SECTION TWO: CONFLICTS. Any and all Ordinances or parts of Ordinances in conflict herewith
be and the same hereby repealed.
SECTION THREE: SEVERABILITY. If any provisions of this Ordinance or the application thereof
to any person or circumstances is held invalid, the invalidity shall not affect other provisions or
applications of the Ordinance which can be given effect without the invalid provision or application,
and to this end the provisions of this Ordinance are declared severable.
SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be become in full force and effect
upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida.
Upon Motion by Commissioner and Seconded by Commissioner
this Ordinance was duly adopted at a Regular Meeting of the City
Commission of the City of Cocoa Beach, Florida, held on the day of .2003.
Ayes:
Nays:
Absent or Abstaining:
Leon "Skip" Beeler,
Mayor -Commissioner
ATTEST:
Loredana Kalaghchy, CMC
City Clerk
First Reading:
Date Posted:
Date Published:
Ordinance No. 1361
20
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Discussion .
Item
11
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: FINAL DESIGN OF NORTH RIDGEWOOD AVENUE
STORMWATER PROJECT
DEPT./DIVISION: PUBLIC WORKS
Requested Action:
City Council review the final design based on comments received from the town meeting for this project.
Summary Explanation & Background:
Stottler, Stagg & Associates (SSA) has been awarded a design/build contract for this project and is submitting the
final design based upon citizen connnents at a recent town meeting.
If the final design is acceptable, SSA will proud with the construction portion of this project.
Please advise.
Exhibits Attached: '
'New and Old Design
City Mana ' ffice
Department PUBLIC WORKS
-n myd cum s\admin\council\meeting\2003\09-16-03\ssa.doc
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Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Discussion ,
Item
12
No.
Discussion item only.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DSCUSSION: REVISED TRAVEL AND PER DIEM POLICY
DEPT./DIVISION: ADMINISTRATION
Requested Action:
City Council review and comment o the revised travel and per diem policy.
Summary Explanftion & Background:
Staff held several meetings to review travel policies from other communities in our area and after considerable
review, staff is recommending, after City Council's input, that we proceed with the formal adoption of an
administrative ordinance.
Discussion item only.
Exhibits Attached:
Draft policy
City Man 5bffice
Department ADMINISTRATION
cam\m doc ent in\coun mee 'ng\2003\09-16-03\travel.doc
Draft
PER DIEM AND TRAVEL EXPENSES OF
PUBLIC OFFICERS, EMPLOYEES AND AUTHORIZED PERSONS
Sec. 1. Definitions. For purposes of this Administrative Ordinance, the following terms
shall have the meanings indicated:
(a) Officer or Public Officer. An individual who, in performance of his/her
official duties is vested by law with sovereign powers of government, who is elected by
the people (Mayor and City Council).
(b) Employee or Public Employee. The City Manager or an individual, whether
commissioned or not, other than an Officer or Authorized Person as defined herein, who
is filling a regular or full-time authorized position and is responsible to the City Manager.
(c) Authorized Person.
(1) A person, other than a Public Officer or Employee, as defined
herein, whether elected or commissioned or not, who is authorized
by the City Manager or City Council to incur travel expenses in the
performance of his official duties; or
(2) A person who is called upon the City to contribute time and
services as consultant or adviser.
(d) Traveler. A Public Officer, Public Employee, or Authorized Person, when
performing authorized travel.
(e) Travel Expense. The usual, ordinary and incidental expenditures necessarily
incurred by a Traveler.
(f) Common Carrier. Train, bus, commercial airline operating scheduled flights,
or rental cars of an established rental car firm.
Sec. 2 Authority to Incur Travel Expenses.
(a) All travel of Public Employees must be authorized and approved by the
Department Head and City Manager. Multi -day travel of the City Manager or
a Public Officer must be approved by the City Council.
(b) Day trips may be authorized by the Department Head without approval of the
City Manager.
(c) The City shall not authorize or approve such a request of a Public Employee
unless it is accompanied by a signed statement listing the purpose of such
travel, the dates and expenses involved, and a copy of the travel itinerary
attached.
(d) Travel expenses of Travelers shall be limited to those expenses necessarily
incurred by them in the performance of a public purpose authorized by law to
be performed by the City and must be within the limitations prescribed by this
policy.
Sec. 3 Computation of Travel Time for Reimbursement.
For purposes of reimbursement and methods of calculating fractional days of travel,
the following principles are prescribed:
(a) Travel Categories. The following travel categories are prescribed:
Class A. Continuous travel of 24 hours (or more) away from the City.
Class B. Continuous travel of less than 24 hours with an overnight absence
from the City.
Class C. Travel for short or day trips when the Traveler is not away from
the City overnight
(b) Travel Reimbursements. Reimbursements shall be made according to the
following schedule:
(1) Meals for Class B and Class C shall be reimbursed for travel which:
(i) Begins before 6 am and extends beyond 8 am, $8.00 for Breakfast;
or
(ii) Begins before 12 noon and extends beyond 2 pm, $10.00 for
Lunch; or
(iii) Begins before 6 pm and extends beyond 8 pm or when travel
occurs during nighttime hours due to special assignment, $18.00
for dinner.
(2) Meals for Class A travel shall be authorized up to a maximum of
$36.00 per day in lieu of individual meal allowance rates.
(3) When a traveler attends an event on the City's behalf and the fixed
price of the meal exceeds the per meal allowance, the traveler shall be
reimbursed the actual cost of the meal as authorized by the City
Manager.
(4) Receipts shall not be required for meals on authorized overnight travel.
(5) No traveler shall be reimbursed for meals gratuitously provided by
another party.
(6) No traveler shall be reimbursed for meals when travel is confined to
the city or immediate vicinity, except as authorized by the City
Manager.
(7) Reimbursement for overnight travel shall be for actual lodging
expenses at the single occupancy rate, to be substantiated by paid
receipts.
(8) Lodging will be reimbursed for out of county, multi -day activities.
(9) No Sales Tax shall be reimbursable to any person, unless the city is
also required by law to pay such tax.
(10) Items specifically disallowed for reimbursement purposes:
(i) Alcoholic Beverages
(ii) Entertainment
(iii) Any expenses incurred by dependents
(iv) Attendance at political rallies
(v) Travel for the specific purpose of promoting the candidacy of an
individual for public office.
(11) Other reimbursable expenses:
(i) Toll charges
(ii) Taxi fares
(iii) Parking and storage fees
(iv) Fuel for City vehicle
(v) Common carrier transportation — when required. (must be
approved by the City Manager)
(vi) Valet parking — when necessary
(vii) Convention registration fees
(viii) Baggage handling at $.50 per bag up to $2.00 upon arrival and
departure.
Sec. 4. Transportation
(a) In no circumstance shall the city vehicle be used for
purposes other than authorized official travel.
(b) All travel must be a usually traveled route. The City
Manager shall designate the most economical method of
travel for each trip.
(c) All employees should utilize municipal vehicles when
traveling on official business. This requirement insures
adequate liability coverage in the event of an accident or
injury. In those instances when a City vehicle is not
available, and with the prior approval of the Department
Head and the City Manager, the use of privately owned
vehicles may be authorized. Whenever travel is by
privately owned vehicles, the traveler shall be entitled to a
mileage reimbursement at the "standard mileage rate." The
standard mileage rate is set annually by the Internal
Revenue Service. All mileage shall be from point of origin
to point of destination.
(d) Travel reservation for official travel on a common carrier
shall be made through the City's purchasing division, or
other group or individual designated by the City Manager
to coordinate travel reservations. The purchasing division
shall insure that travel is cost-effective and pursuant to all
procurement procedures adopted by the City.
Sec. 5. Fraudulent Claims. Any individual receiving an allowance or reimbursement
by means of a false claim shall be liable for the amount of the overpayment, plus interest
at a rate equal to the average rate currently received on investments and may be subject to
termination or disciplinary action as provided by the City Charter, personnel policy or
any other applicable policy or law adopted by the City Council.
Sec. 6. Standard Procedures.
(1) Travel Voucher. Travel expense reports, on a form prescribed by the
City Manager, shall be submitted by all individuals performing official travel within ten
(10) working days of the individuals return. Each approved travel expense report will be
audited when received. Individuals requesting reimbursement are responsible for
mathematical computation. Any report which is not approved or properly prepared, or is
prepared in such a way as to be unauditable, will be returned for resubmission. Travel
Authorization and all required receipts must be submitted with the expense report in
order to claim a reimbursement.
(2) Travel Advances.
(a) Travel advances for overnight travel must be requested at least
two (2) weeks in advance of the departure. An explanation as to
the reason for travel, the amount of money and correct account to
be charged must be indicated on the request
(b) No travel advances will be made for Class C travel. Due to tax
implications, reimbursement will be made to the employee in the
payroll following submission of approved expense report.
(c) Any unused portion of money advanced to a traveler shall be
repaid immediately upon the return of the traveler. Any unused
advance money not repaid within fifteen calendar days after return
of the traveler shall accrue interest at the average rate currently
received on city investments. Any city employee not repaying any
unused portion of a travel expense advance within thirty (30) days
after his/her return will have his/her salary withheld by the city
until repayment is made.
(d) In instances where a trip should arise for a member of the City
Council that does not provide ample notice to the council at a
public meeting, then, with a minimum of twenty-four (24) hours'
notice, the traveler shall request the City Manager to send a memo
to the Mayor, each council member, city attorney and city clerk
advising them of the trip, departure date, justification and return
date. At the first regular city council meeting after return from an
official trip, the council member shall make a verbal report to the
council on the text of the trip.
Sec. 7. Conflict. All ordinances or parts of ordinances in conflict herewith are
hereby repeals.
Sec. 8 Effective Date. This Administrative Ordinance shall become effective
immediately upon its adoption.
Adopted By The City Council of the City of Cape Canaveral, Florida, this
day of , 2003.
ATTEST:
Rocky Randels, MAYOR
FOR AGAINST
Robert Hoog
Susan Stills, CITY CLERK James Morgan
Buzz Petsos
Rocky Randels
Richard Treverton
APPROVED AS TO FORM:
Anthony A. Garganese, CITY ATTORNEY
First Reading:
Second Reading:
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Page 9
Other Reimburseable Expenses
Toll Charges
Taxi Fares
Parking and Storage Fees
Communication -with office
Communication -to notify family of safe arrival
Public transportation
Fuel for City Vehicle
tips (up to the per diem amount)(usually identified ie: 15% etc.)
common carrier transportation -when required
fent' fares, bridge, road & tunnel tolls
tips, other than meals
valet parking -when necessary
convention registration fees
baggage handling at $ /bag up to $ c
Items Not Reimburseable
any expenses incurred by dependents
entertainment
alcohol
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Discussion .
ice'
13
No.
The overall goal is to have a competitive wage and salary plan that will help to attract and retain a high quality work
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: REVISED WAGE AND SALARY PLAN
DEPT./DIVISION: ADMINISTRATION
Requested Action:
City Council review and comment on the revision to the wage and salary plan, as proposed by staff.
Summary Explanation & Background:
Staff worked diligently over the last few weeks to restructure the wage and salary plan for general and union
employees. The attached memo from staff explains the review process and rationale for the proposed wage and
teary Plan.
The overall goal is to have a competitive wage and salary plan that will help to attract and retain a high quality work
force for our community.
Discussion item only: If council concurs, we will proceed with the formal adoption of the non-union wage plan,
The union plan will be submitted as part of the collective bargaining process.
Exhibits Attached:
Staff memo; union and non-union wage plans
EMas Offs
Department ADMINISTRATION
�wu-- \weeLuiy \cvv.s \vv-to-vs\salary.coc
TO: The Honorable Mayor and City Council Members
FROM: Bennett Boucher, City Manager and City Department Heads
DATE: September 8, 2003
SUBJECT: Proposed Wage and Salary Plan Revision
Under City Council's direction the City Manager and Department Heads met in several
consecutive sessions to review the current City employee Wage and Salary plan. The goal of
these sessions was to compile information using the Florida League of Cities Annual Salary
Plan and its comparative data from other cities to develop a competitive rate plan for our
employees. The methodology used included a summary of wage values for All Regions
in the State, All Counties, All Sizes of Municipal Organization were the Jurisdiction is a
population of greater than 9,999 and less than 50,000.
Staff concluded that this methodology would provide a greater level of competitive wage than
using a range inclusive only of organizations that are the same size as the City of Cape
Canaveral and with a population of less than 9,999. Due to the anticipated increase in the
City's population and the fact that employees transfer to similar or larger municipalities, the
proposed plan provides several advantages for City employees.
1) Employees who are topped out under their job class in the existing wage plan will
benefit from an increase in the maximum range.
2) Union employees have the opportunity to pursue specialized trade certifications along
with their current job descriptions for increased salary potential.
3) The proposed plan distributes increases across all job classifications.
Each employee's job classification was reviewed and accepted or in a few cases modified to
meet the new Florida League of Cities job classification codes. Three new categories, Senior
Secretary, Lead Treatment Plant Operator and Specialized Trades (HVAC Mechanic, Plumber,
Carpenter and Electrician) were introduced to offer employees advanced skill set opportunities.
The City Manager and each Department Head has reviewed the final proposed plan and agree
as undersigned with its content. --�
Aw.
nett oT,eity Manager
s, City Clerk/ HR—Director
rea Bowers, City Treasurer
Nancy Han n,Re-creation Director
To Morley, Buildin Official
�C
Ed Gardulski, Public Works Director
Walter Bandish, Asst. Pubic Works Dir.
FLOC Codes
2002
Old
New
Classification
WA
15410
school crossing Guard
922
14040
Recreation Assistant
322
14050
Recreation Leader
422
4030
Secretary
10.91
4040
Senior Secretary
302
5020
Accounting Technician
202
4070
Administrative Assistant
214
214-7160
Assistant City Clerk
602
10100
Code Enforcement Officer
210
10050
Plans Examiner
304
10090
BwldkV inspector
144
2150
Assistant Public Works Director
244
12050
Chief Plant Operator
222-240
11190
Public Works Maint. Supervisor
242
12050
Utilities Maintenance Supervisor
215
13090
Lab Supervisor
116
116
Building Official
120
2080WM
City Clerk
140
2200
Parks and Recreation Director
114.126
126-5070
City Treasurer
146
2160
Public Works Director
124
2010
City Manager
MOW
45,781
33,396
COLA Oct 1, 1993:3.2%
14.14
22.01
COLA Oct 1, 1994: 2.5%
COLA Oct 1, 1995:2.9%
30,445
45.920
COLA Oct. 1, 1896: 3.0%
52,894
COLA Oct. 1, 1997 2.Woo
63,109
COLA Oct. 1, 1998:2.5%
25.43
COLA Oct. 1, 1999:2.5%
29,370
COLA Oat 1, 2000: 2.5%
32,997
COLA Oct 1, 2001:3,5%
14.12
COLA Oct. 1. 2002:1.6%
City of Cape Canaveral Salary Range Now Salary Range
Non -Union Employees Minenum Maximran Mtnimwn Maximum
2002
2002
2003
2003
17,701
24,960
16,189
23,468
8.51
12.00
16,474
22,693
19,393
28,272
7.92
10.91
18,886
29,952
20,749
31,188
9.08
14.40
22,048
31,117
20,078
30,144
10.60
14.96
23,394
34,783
20,571
29,203
23,971
36,079
9.89
14.04
26,208
35,838
27,202
40,588
12.60
17.23
24,710
36,026
29,766
44,713
11.88
17.32
26,208
36,046
26,134
39,034
12.60
17.33
29,411
45,781
33,396
49,437
14.14
22.01
30,445
45.920
39,395
52,894
42,761
63,109
18.94
25.43
29,370
41,704
32,997
49,683
14.12
20.05
29,078
42,411
32,703
49,003
13.98
20.39
28,995
41,974
32,120
50,695
13.94
20.10
27,747
40,810
33,748
49,642
13.34
19.62
39,395
54,850
47,255
68,437
18.94
26.37
36,754
54,122
43,929
64,697
17.67
26.02
36,150
49,026
50,641
75,310
17.38
23.57
43,035
60,611
52,879
78,009
20.69
29.14
41,360
$7,699
56,256
83,101
19.88
27.74
67,392
76,691
110,615
City of Cape Canaveral
Union Employees
Wage and Salary Plan
FLOC Codes
Classification
Salary Range
New Salary Range
Old
New
Minimum Maximum
Minimum
Maximum
2002
2002
2003
2,003
908
17030
Maintenance Worker
17,701
24,960
18,936
28,528
Utilities Maintenance Worker
8.51
12.00
812
12150
Maintenance Specialist
20,134
31,221
21,749
31,832
Utilities Specialist
9.68
15.01
514
12010
Plant Operator C
21,611
31,158
24,224
35,961
10.39
14.98
804/514
18140
Maint. Specialist/Electrician
21,882
38,064
27,917
41,168
10.52
18.30
18120
Maint. Specialist/HVAC Mechanic
25,520
38,070
18110
Maint.Specialist/Plumber
24,588
36,076
18140
Maint. Specialist/Carpenter
24,497
36,289
13020
Maint. Specialist/Arborist
30,472
44,940
512
12020
Plant Operator B
24,835
34,216
27,197
39,950
11.94
16.45
504
13070
Laboratory Technician
27,747
31,990
24,634
37,677
13.34
15.38
510
12030
Plant Operator A
26,832
38,896
29,472
43,708
12.90
18.70
12040
Lead Treatment Plant Operator
31,105
46,480
COLA Oct 1, 1993:3., COLA Oct 11998, 2.5%
COLA Oct 1, 1994: 2:• COLA Oct 1, 1999:2.5%
COLA Oct 1, 1995:2. COLA Oct 1, 2000: 2.5%
COLA Oct 1, 1996: 39 COLA Oct 1, 2001: 3.5%
COLA Oct 1, 1997:21 COLA Oct 1, 2002: 1.6%
Meeting Type: Regular
Meeting Date 09-16-03
AGENDA
Heading
Discussion
Item
14
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: SEGWAY SCOOTER LEGISLATION
DEPT./DIVISION: LEGISLATIVE
Requested Action:
Mayor Rocky Randels is inquiring if there is any interest from City Council to regulate segway scooters.
w
Summary Explan#tion & Background:
See attached note from Mayor Randels.
Please advise.
Exhibits Attached:
Mayor's note and article on subject
City Ma 's Office
Department LEGISLATIVE
%.Ucct�iaay \cvvj \v7-1o^-va \5COOL6r.00C
B
CITY OF CAPE CANAVERAL
COUNCILMEMBER/CITY MANAGER REQUEST/COMPLAINT FORM
REQUEST/ DATE RECEIVED:
RECEIVED FROM:�"`�
REQUEST ff> 9!�^ %-'o
01j=t-
--> T1s^ r�c��� �:
REFERRED TO: DATE: BY:
City Mgr
■■rrurrrrrrrrsrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrro
DEPARTMENTAL ACTION TAKEN:
■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrorrrrrrrrrtrrrrrrrrrrrorrrrrrrrrr�
CITY MANAGER'S COMMENTS:
RETURNED TO REQUESTOR/COMPLAINANT ON:
BY:
Bennett C. Boucher, City Manager
Safety Concerns Rise as More States .,
Passes Segway Scooter Legislation
Jessica Garrow
In December 2000, the Segway Human
Transporter (HT) was introduced as the
latest innovative transportation alterna-
tive. .
The scooter is a self -balancing, electric -
powered transportation device weighing
about 70 pounds with dimensions about
the size of an average adult body. The
scooter can reach speeds of up to 20mph,
effectively halving the time it would take
for someone to walk to their destination.
Some technology observers have stated
that the scooters could reinvent urban
transit . and that cities could one day be
built around the technology.
As more people decided to buy the
$5,000 scooters, state legislatures began
approving changes to state laws allowing
increased use of scooters on roads and
sidewalks.
Indeed, unlike bikes, the scooter is able
to operate on sidewalks in many states.
Currently 40 states have enacted such
Segway-friendly legislation.
About half of these states allow locali-
ties to adopt their own restrictions on the
scooters. In an attempt to regain control of
their roads and sidewalks, some cities are
using this ability to enact legislation
intended to curb or prohibit use.
Following a campaign by a coalition
representing senior citizens, pedestrians,
and persons with disabilities, the San
Francisco Board of Supervisors voted 8-2
to ban Segway scooters from the sidewalks
of San Francisco. They became the first
large municipality to do so.
"Sidewalks are no place for _these
Segway vehicles," San Francisco
Supervisor Chris Daly said. "Seniors, chil-
dren and folks with disabilities would be oCQOt&. 0e—
especially endangered."
Interest groups and safety advocates C �'�•� W �ni`i
have also begun lobbying to change the Oa
new state laws.
Many of the laws were passed without VV—A ev".,
proper time to examine safety problems, a Pe
large and potentially dangerous problem VZG
according to Louis Cooper, M.D., presi-
dent of the American Academy of
Pediatrics.
"Children, senior citizens and people
with disabilities shouldn't have to dodge a
scooter that goes 12 miles an hour," he
recently said.
Some cities, including Seattle,
Washington and Atlanta, have invested m
the Segway scooters for city employees.
They say that the scooters help increase
CAM"
work productivity by enabling employees
who would normally walk to decrease their
�Q Q
travel time, thus increasint; the amount of
work they can accomplish.
KiQ_Vu�p
In Seattle, Fleet and Facilities Director
1
John Franklin stated productivity doubled
for water meter readers who usually drive
on their routes, and a 20 percent increase
by meter readers who usually walk their
routes.
Given the San Francisco ban and
increased opposition from citizen groups,
"We wouldn't be surprised if some Regisla-
tures] did go back and look at the implica-
tions for pedestrians," said Melissa Savage
of the National Conference of State
Legislatures.
Details: For more information, includ-
ing a list of actions taken in your state
please visit http://www.injurycenter.org/
ccri/centers/injuryResearch/segway/main.
cfm.