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Packet 10-07-2003
Crcr or CAPE CANAVERAL City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 7, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Fall Multi -Family Beautification Award Artesia Condominium CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 16, 2003. 2. Proclamation for City Government Week, October 201h —24 th 3. Motion to Approve: Resolution No. 2003-36; Reappointing Regular Members to the Board of Adjustment. (R. Farmer, C. McKone, & Paula Collins) 4. Motion to Approve: Resolution No. 2003-37; Reappointing Regular Members to the Code Enforcement Board. (M. Russell, W. Godfrey, K. Hartley & C. Stewart) 5. Motion to Approve: Resolution No. 2003-38; Reappointing a Regular Member to the Library Board. (J. Bell) 6. Motion to Approve: Resolution No. 2003-39; Reappointing Regular Members to the Recreation Board. (J. Dattilo & R. Mead) 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: ccapecanaveralOcfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting October 7, 2003 Page 2 7. Outdoor Entertainment Permit for Traveling Skate Park. 8. Outdoor Entertainment Permit for Halloween Street Dance/Party. CONSIDERATIONS: 9. Motion to Approve: Cooperative Purchase with the City of Orlando, Sanitary Sewer Lining. 10. Motion to Approve: Cooperative Purchase with the City of North Miami Beach, Sanitary Sewer Lining. 11. Motion to Approve: Membership to the Brevard Museum of History and Science. ORDINANCES: Second Public Hearinq: 12. Motion to Adopt: Ordinance No. 33-2003; Adopting Amendments to Chapter 62 Relating to Collection to Solid Waste. ORDINANCES: First Public Hearing: 13. Motion to Approve: Ordinance No. 27-2003; Vested Rights, at first reading. 14. Motion to Approve: Ordinance No. 34-2003; Amending Code Section 110- 469; Providing for Visibility at Intersections, at first reading. 15. Motion to Approve: Ordinance No. 35-2003; Amending Chapter 110, Relating to Site Plan Review, Providing for Appeal to the City Council, at first reading. 16. Motion to Approve: Ordinance No. 36-2003; Relating to Distance Separation Between Establishments which Dispense, Sell, Serve, Store or Permit Consumption on Premises of Alcoholic Beverages and Between Such Establishments and Churches, Schools, and Playgrounds, at first reading. 17. Motion to Approve: Ordinance No. 37-2003; Adopting a New Section 110- 321 of the City Code, Relating to the Protection of Beach -End Public Parking within the Medium Density Residential Zoning Districts, at first reading. 18. Motion to Approve: Ordinance No. 38-2003; Relating to the Reimbursement Policies and Procedures for Official Travel, at first reading. City of Cape Canaveral, Florida City Council Regular Meeting October 7, 2003 Page 3 DISCUSSION: 19. Proposed Amendments to the TICO Airport Authority Charter. 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. Memo I/ To: Bennett Boucher, City Manager From: Ed Gardulski, Public Works Director Date: September 17, 2003 Re: Agenda item for October 7 Council Meeting, Fall Multi -Family Beautification Award Presentation The Beautification Board voted at their 9/9 meeting and selected a winner for the Fall Multi -Family Beautification Award. The winner was Artesia Condominium - 425 Pierce Avenue. The Board Vice -chairperson Mary,lo Laws will present the award to the Condominium President. Please place this item on the October 7tt' meeting. 0 Page 1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 16, 2003 7:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Council Member Mayor Pro Tem Mayor Council Members Absent: Council Member Others Present: City Manager Assistant City Attorney City Clerk City Treasurer Public Works Director Assistant Public Works Director Recreation Director Building Official CONSENT AGENDA: MINUTES Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton Bennett Boucher Jeff Buak Susan Stills Andrea Bowers Ed Gardulski Walter Bandish Nancy Hanson Todd Morley 1. City Council Regular Meeting Minutes of September 2, 2003. Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mayor Randels noted that the City Clerk made the necessary correction for the meeting's Roll Call. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 2 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Consent Agenda Item No. 1. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. CONSIDERATION: 2. Motion to Approve: Engineering Services Proposal for Wastewater Facility Improvements. Mayor Randels provided background on the item. Mr. Ted Hortenstine, Project Manager, with Brown and Caldwell, stated that the conversion from gas chlorine to sodium hypochlorite had been included with the laboratory fume hood modification project. This was done to make the project more accessible to potential bidders. Mr. Hortenstine reviewed the intended improvements from a handout he supplied. He reviewed the anticipated process for the sodium hypochlorite system and the lab ventilation improvement. Mr. Morgan asked if a bond were required to which Mr. Hortenstine affirmed. He stated a licensed construction manager would remain on site 8 -hours per week for observations and to approve record drawings. Mayor Randels summarized that there were three projects that would bid as one: 1) Conversion from Chlorine to Sodium Hypochlorite, 2) Renovation and Discharge Modifications to the Laboratory Fume Hood Ventilation and 3) Improvements to the Reclaimed Water Pumping and Storage System. Mr. Hoog asked if there were requirements for the reject storage tank. Mr. Hortenstine responded that there are two available tanks and the automated system would reject to the City's 4 million gallon tank until the larger tank could be emptied to hold the reject flow and this would meet the State requirement. Mr. Hoog asked if permit fees were included. Mr. Hortenstine replied that $2,000 to $5,000 was the fee estimate. Mayor Pro Tem Petsos expressed concern with the cost amounts in that some of the data was available. Mr. Hortenstine replied that the project could bid as not -to -exceed an established amount. Mayor Randels asked if there were any anticipated interruption to the reclaimed water system. Mr. Hortenstine replied that a work plan would establish the implementation sequence. Mayor Pro Tem Petsos expressed that staff could regulate operational events. Mr. Hortenstine explained that the State had stringent requirements on project staffs expertise and that is done through certified construction observation. Mayor Pro Tem Petsos called for regular reporting throughout the project's duration. Mr. Boucher stated that he expected collaboration between staff and firm. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Petsos to Approve the Engineering Services Proposal to Brown and Caldwell, Inc in the Amount Not to Exceed of $126,324 for the Wastewater Facility Improvements. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 3 ORDINANCES: Second Public Hearing: 3. Motion to Adopt: Ordinance No. 29-2003; Amending Chapter 74, Relating to Penalties for Parking. 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 THE REQUIREMENTS OF THE FLORIDA STATUTES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILTY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels explained that this Ordinance would bring the City's code into compliance with the Florida State statutes [318.18]. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 29-2003. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. ORDINANCES: First Public Hearing: 4 Motion to Approve: Ordinance No. 27-2003; Vested Rights, at first reading. Mayor Randels read Ordinance No. 27-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, CREATING A NEW CHAPTER 115 THE CITY OF CAPE CANAVERAL CODE 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. Mayor Pro Tem Petsos requested that the Planning and Zoning Board have an opportunity to review the ordinance with the proposed changes. Council forwarded the ordinance back to the Planning and Zoning Board for review. Mr. Boucher asked that the Board to be made aware of Council's favor on the subject matter. 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. Mayor Randels read Ordinance No. 32-2003 by title. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 4 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 3,257 SQUARE FEET, MORE OR LESS); PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels read a letter from the City Attorney dated July 21, 2003 to the City Manager. Mayor Randels also read a letter from Mr. and Mrs. Ronald and Kathleen Kister from Bayport, New York that was sent by facsimile to the City Manager as of September 16, 2003. Mr. Morgan inquired if the Council should proceed with the matter. Attorney Buak replied that public purpose was the focus of Council's decision. Attorney Jason Hedman stated that the Moriarty's were agreeable to vacation and consent from the parties involved was previously granted. Attorney Buak advised that alleyway could not be granted as half. Mr. Hoog asked if any utilities were located. Mr. Ed Gardulski, Public Works Director replied that the City utilities ceased at the right-of- way. Mayor Randels inquired about the consequences of vacating in light of any utilities. Attorney Buak replied that the City would need to review the franchise agreements with the established utilities. Mr. Gardulski said that the City could vacate and leave an easement for the utilities. Attorney Buak replied to Mr. Hoog that the City would need to enter an agreement with the separate utilities as well as the property owners. Mr. Hoog asked who is responsible to determine where the utilities are within the easement. Mr. Boucher replied that the property owners are responsible. Attorney Buak advised that the ordinance be approved contingent upon the utility easement and subsequently requiring the easements as part of the actual adoption. Mayor Pro Tem Petsos inquired about Judge Maxwell's court order and asked if anyone could be held in contempt if they disagreed with the vacation after the fact. Attorney Buak replied that the property owners were to collaborate as part of the court order. Mrs. Vicidomini pointed out that that City does have a use since there are utilities in the alleyway. She restated her frustration in attempting to discover if the alleyway were vacated. She stated that all parties involved met the Court ordered obligation and were now before the Council for a decision to vacate. Mr. Vicidomini pointed out that half of the alleyway was depicted as vacated on the aerial. Attorney Hedman said that his research found that the entire alleyway was open for vacating. Mr. Boucher restated that Council could take action with a stipulation and at the next reading make any found utility easements part of the vacation. Mr. Vicidomini pointed out that that appurtenances did also exist in the alleyway. Attorney Buak stated that the City would only need to address the utility easements and any other matters would be subject to civil suit. Attorney Donna Dressler, representing Mr. Walter Schoenfeld asked who would maintain the easement? Mayor Randels stated that the land would be turned over to those of the utility franchise. Attorney Buak stated that fee simple interest is awarded to the property owners and the City would create an easement for access to the utilities. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 5 Attorney Dressler expressed concern with placing the burden to maintain the easement on the property owner instead of the utility. Mrs. Vicidomini stated that the alleyway has a public purpose because of the utilities and she requested tree removal on the east side of the alley prior to vacation. Attorney Dressler stated that Mr. Schoenfeld owns the entire portion including the landscaping and the matter is an issue for the Courts. Mr. Boucher stated that all parties would receive a copy of the agenda packet material prior to the next scheduled meeting. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance 32-2003 subject to the Entry and Recording of Utility Easements and remitting the Necessary Invoices regarding Cost to the Property Owners. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 6. Motion to Approve: Ordinance No. 33-2003; Adopting Amendments to Chapter 62 Relating to Collection to Solid Waste, at first reading. Mayor Randels read Ordinance No. 33-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, 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. Mayor Randels stated that the needed changes were found during a recent code review meeting. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 33-2003 at first reading. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. RESOLUTIONS: 7. Motion to Approve: Resolution No. 2003-32, Approval of Final Re -Plat for Johanson Townhomes. Mayor Randels read Resolution No. 2003-32 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVIDNG THE FINAL RE -PLAT OF "JOHANSON TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 6 Mr. Morgan stated that he filed the appropriate Conflict of Interest form with the City Clerk. Mayor Randels pointed out that the Planning and Zoning Board noted the inclusion of a 16 -foot driveway on the site plan. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Approve Resolution No. 2003-32. The vote on the motion carried 4-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. DISCUSSION: 8. Infrastructure Sales Surtax Project List. Mayor Randels stated that the Council requested a list for items numbered as Infrastructure Sales Surtax Projects. Council recommended 1) a new Fire Department Building, 2) a new Police Department Building, 3) new Public Works' Facilities, 4) Renovation of City Hall and the Annex, 5) new Community Center and City Hall Campus Site Improvements and 6) Land Acquisition and Development of Recreation areas. Mr. Boucher stated that the list is in line with the City's visioning session. Mr. Hoog inquired about building fire facilities. Mr. Boucher replied that the Fire Department would secure a loan for the building to which the City would guarantee. Mr. Hoog reminded that the City was not to be involved in Fire Department land ownership per the City charter. Mr. Boucher replied that a long-term lease would make the Fire department the building owners. Mr. Nicholas asked if the same lease option would apply to the Sheriff's Office. Mayor Randels responded no and said that a new building is planned for the Sheriffs Office. Mr. Hoog inquired about Item 6 and Mr. Boucher replied that purchasing land for parks was the intent. City Council accepted the list as submitted. 9. Residential Planned Unit Developments. Mr. Morgan introduced his request as a discussion on Planned Unit Development [PUD, not Residential Planned Unit Development [RPUD]. This would allow for an infusion and mixture of commercial and also reduce the allowable lot size. He stated that this would also lessen traffic on the main arteries. Mr. Morgan pointed out that there were few 10 - acre lots left in the City. Mayor Pro Tem Petsos questioned if a developer could adequately use a 5 -acre lot. Mr. Boucher provided background in that the Planning and Zoning Board reviewed Planned Unit Developments during the Comprehensive Plan Amendment several years ago. Council requested that the Planning and Zoning Board agenda this item for discussion. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 7 10. County Fireworks Regulation. Mayor Randels and the City Manager attended a previous meeting and found other municipalities experiencing the same problems. Fireworks storage was the focus of discussion and the committee's intent was to regulate the fireworks sales in the County. Mayor Randels related the difficulty of confiscating items purchased. Mayor Randels solicited input from the Council for the City Manager to take to the next committee meeting. 11. Final Design of North Ridgewood Avenue Stormwater Project. Mayor Randels informed that the City Engineer held meetings with Ocean Woods and Ocean Oaks Condominium Associations. Ocean Oaks Condominium residents expressed concern with installing benches and they also requested dry retention. Mr. John Pekar reported that shortening the retention basin was also a repeated concern. Therefore, two plans evolved: 1) shortening or 2) sloping without shortening. Mr. Morgan asked that he remain with the original intent of the design. Mr. Pekar said that the project could be easily and unobtrusively installed. Mr. Pekar concluded that he would proceed with the original plan with minimum modification. 12 Revised Travel and Per Diem Policy. Mayor Randels reviewed the travel policy recommendation. He informed that $36.00 per day was the proposed per diem, receipts were required with overnight stays only and he outlined all policy exclusions. Attorney Buak stated that new standards are allowed to differ from what is required in State Statutes. Council agreed to proceed with an ordinance for adoption. 13. Revised Wage and Salary Plan. Mr. Morgan and Mayor Pro Tem Petsos requested to review the data that formed the methodology to arrive in the resulting proposed wage and salary table. Council expressed concern that some classifications were exceedingly high. Staff would provide the requested data. 14. Segway Scooter Legislation. Mayor Randels asked if there were any interest from the Council to regulate operating this apparatus on sidewalks. Attorney Buak informed that a Statute was passed in 2002 to exempt them as motor vehicles however the statutes provides for where they could be operated and individual cities and counties can prohibit them from bike paths, roads or streets, but not sidewalks. Mayor Pro Tem Petsos stated and Mr. Morgan agreed that he would not choose to legislate unless necessary. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 8 REPORTS: 1. City Manager • Mr. Boucher informed that the US Department of Agriculture contacted him on purchasing a beach -cleaning machine. A meeting is scheduled for September 23rd at the Agricultural Center along with Cocoa Beach and the Port Authority. • Mr. Boucher announced the next Firework's Committee meeting on Wednesday, September 17th. • Mr. Boucher reported that he would meet on Friday with the School Board and the Surtax Steering group. He would forward any additional information to Council. • Mr. Boucher thanked Public Works for the library parking lot job as well as the maintenance at Bennix Park. • Mr. Boucher informed that he interviewed for a City Manager's position with the Village of North Palm Beach. 2. Staff Public Works Director • Mr. Gardulski informed that the beautification to the City entrance sign is forthcoming and once complete he would proceed to the beach ends. Building Official • Mr. Morley reported that the Knot House was boarded according to Council's direction. • Mr. Morley informed that he and the Assistant City Attorney were working on amending Code Section 82-14. City Treasurer • No report. Recreation Director • No report. City Clerk • No report. 3. City Council No reports. AUDIENCE TO BE HEARD: There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting September 16, 2003 Page 9 ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRSE—MIDDLE NAME NAME OF aOARD. COUNCIL. COMMISSION. AUTHORITY. OR COMMITTEE MAILING ADDRESS THEBO COUNCIL. COMMISSION, AUTHORITY OR COMMITTEE ON W SERVE IS A UNIT OF: COUNTY Cm ❑COUNTY ❑OTHER OCALAGENCY J.P_ �n NAME OF POLITICAL SUBDNf510N: DATE ON WHICH VOTE OCCURRED MY POSITION I ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained Onduding the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain.or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. lr&V iO APPOINTED OFFICERS (continued) • A copy of the farm must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, d _ 191 j'2' 19 A) _, hereby disclose that on 9— � 20 0 �3: inured easure came or will come before my agency which (check one) to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or toss of , by whom 1 am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 1/2000 PAGE 2 WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all citizens of Florida that they can shape and influence this branch of government which is closest to the- people; and WHEREAS, the Florida League of Cities, and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, 1, Rocky Randels, Mayor, of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim that the week of October 19th — 25th, 2003 be designated as FLORIDA CITY GOVERNMENT WEEK and that the City of Cape Canaveral does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly and that the City does encourage educational partnerships between city government and schools. Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Consent . Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION 2003-36, REAPPOINTING REGULAR MEMBERS TO THE BOARD OF ADJUSTMENT DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2003-36, reappointing Mr. Ronnie Farmer, Mrs. Constance McKone and Mrs. Paula Collins to the Board of Adjustment. Summary Explanation & Background: Their terms will expire on 10-01-2006. I recommend approval, Exhibits Attached: Resolution No. 2003-36 City Ma I Office Department LEGISLATIVE cap im\myd c nts \council\meeting\2003\10-07-03\2003-36.doc RESOLUTION NO. 2003-36 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING THREE REGULAR MEMBERS TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 2-83 (Zoning Code Section 110-26) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Regular Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Ronnie Farmer, Constance McKone and Paula Collins are hereby reappointed as members of the Board of Adjustment of the City of Cape Canaveral, Florida, with term to expire on October 1, 2006. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 7th day of October 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Anthony Garganese, City Attorney E:\CityClk\Resolutions\BOARDS\Reappointments\Board of Adjustment_2003.doc City of Cape Canaveral Ronnie Farmer 531 Washington Ave. Cape Canaveral, FL 32920 Dear Mr. Farmer: Your term on the Board of Adjustment expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three- year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. XI DO wish to be considered for reappointment. I DO NOT wish to be 96�sidered for reappointment. M of Adjustment, Member Sincerely, Susan Stills, CMC CITY CLERK 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 City of Cape Canaveral MY OF CAPE CANAVERAL 9, 2003 Constance McKone 340 Chandler St. Cape Canaveral, FL 32920 Dear Ms. McKone: Your term on the Board of Adjustment expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three- year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. `R1 I DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Board of Adjustment, Member Sincerely, cam- _'%�. .�2""-. Susan Stills, CMC CITY CLERK 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 City of Cape Canaveral CITY OF CAPE CANuveRAL 9, 2003 Paula Collins 8708 Bay Court Cape Canaveral, FL 32920 Dear Ms. Collins: RECEIVED SEP Your term on the Board of Adjustment expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three- year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. 1 I DO wish to be considered for reappointment. 7LNOT wish to be considered for reappointment. (Signature) Board of Adjust ent, Member Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 wwwmyflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Consent item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION 2003-37, REAPPOINTING REGULAR MEMBERS TO THE CODE ENFORCEMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2003-37, reappointing Mrs. Mary Russell, Mr. Walter Godfrey, Mrs. Karen Hartley and Mr. Craig Stewart to the Code Enforcement Board. Summary Explanation & Background: Their ten -ns will expire on 10-01-2006. I recommend approval. Exhibits Attached: Resolution No. 2003-37 Ci ana is O Department LEGISLATIVE ki \mydo admin\council\mee ing\2003\10-07-03\2003-37 doc RESOLUTION NO. 2003-37 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING FOUR REGULAR MEMBERS TO THE CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 2-256 created a Board known as the Code Enforcement Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to re- appoint one regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Mary Russell, Walter Godfrey, Karen Hartley and Craig Stewart are hereby reappointed to the Code Enforcement Board in the City of Cape Canaveral with a term to expire on October 1, 2006. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of October, 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY E:\CityClk\Resolutions\BOARDS\Reappointments\Code Enforcement 2001doc City of Cape Canaveral CITY OF CAPE CANAVERAL September 9, 2003 Mary Russell 376 Harbor Drive Cape Canaveral, FL 32920 Dear Ms. Russell: Your term on the Code Enforcement Board expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint you as a member is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. 9'I DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Code E rcement Board, Chairperson i Sincerely, Susan Stills, CMC CITY CLERK 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 City of Cape Canaveral CITY OF CAFE CANAVERAL September 9, 2003 Walter Godfrey, Jr. 433 Johnson Ave. Cape Canaveral, FL 32920 Dear Mr. Godfrey: Your term on the Code Enforcement Board expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint you as a member is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. Sincerely, Susan Stills, CMC CITY CLERK tment. ppointment. Inature) 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: ccapecanaveralCa)cfl.rr.com Cape Canaveral, FL 32920 Dear Ms. Hartley: of Cape Canaveral Your term on the Code Enforcement Board expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint you as a member is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. f ' /IDO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Co a Enforcement oard, Mem Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 wwwmyflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CITY OP CAPE CANAVERAL September 9, 2003 Craig Stewart 300 Columbia Drive, #3301 Cape Canaveral, FL 32920 Dear Mr. Stewart: SFP Your term on the Code Enforcement Board expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint you as a member is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. 121 DO wish to be considered for reappointment. ❑ I DNOT wish be consid ed for reappointment. (Signature) Code thforce ent1foard, Memb r Sincerely, Susan Stills, CMC CITY CLERK 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 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Consent Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION 2003-38, REAPPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2003-38, reappointing Mrs. June Bell as a regular member of the Library Board. Summary Explanation & Background: Term will expire on 10-01-2006. I recommend approval. Exhibits Attached: Resolution No. 2003-38 City s Office Department LEGISLATIVE cap im\my odume in\council\meeting\2003\10-07-03\2003-38.doc RESOLUTION NO. 2003-38 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 46 Section 26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. June Bell is hereby re -appointed as a regular member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2006. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of October 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY City of Cape Canaveral My or CAPE CANAVERAL September 9, 2003 June Bell 231 Circle Drive, #1 Cape Canaveral, FL 32920 Dear Ms. Bell: Your term on the Library Board expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re- appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. K I DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. Qa4�' z- (Signature) Libr Board, Member Sincerely, Susan Stills, CMC CITY CLERK 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 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Consent Item 6 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION 2003-39, REAPPOINTING REGULAR MEMBERS TO THE RECREATION BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2003-39, reappointing Mr. John Dattilo and Mrs. Regina Mead as regular members of the Recreation Board. Summary Explanation & Background: Their terms will expire on 10-01-2006. I recommend approval. Exhibits Attached: Resolution No. 2003-39 City M er' fficee Department LEGISLATIVE cape m\ oc drain\council\meeting\2003\10-07-03\2003-39.doc RESOLUTION NO. 2003-39 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING TWO REGULAR MEMBERS TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 54, Section 26 created a Board known as the Recreation Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. John Dattilo and Regina Mead are hereby reappointed as regular members of the Recreation Board of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2006. 2003. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th day of October Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Jim Morgan Susan Stills, CITY CLERK Buzz Petsos APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY Rocky Randels Richard Treverton City of Cape Canaveral CITY Of CAPE CAMAWRAL September 9, 2003 John Dattilo 231 Circle Drive, #3 Cape Canaveral, FL 32920 Dear Mr. Dattilo: Your term on the Recreation Board expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. �� ES' (Signature) ReGf6ation Board, Member Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CITV OF CAFE CANAVERAL September 9, 2003 Regina Mead 8500 Ridgewood Ave., #205 Cape Canaveral, FL 32920 Dear Ms. Mead: Your tern on the Recreation Board expires on October 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 7, 2003. Thank you. Q I DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Re Aation Board, Member Sincerely, Susan Stills, CMC CITY CLERK 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 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Consent Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR TRAVELING SKATE PARK DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council consider approval of the outdoor entertainment permit for the traveling skate park as recommended by the recreation director. Summary Explanation & Background: The Brevard County Parks & Recreation Department will set up the traveling skate park from October 16'''-19". See attached application for details. I recommend approval. Exhibits Attached: Recreation Director's memo dated 09-22-03; Application City Ma e ' O Department PARKS &RECREATION CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec@earthlink.net MEMO TO: Mayor, Council Members, City Manager FROM: Nancy Hanson, Director DATE: September 22, 2003 RE: Special Outdoor Entertainment Permit Find attached an application for a Special Outdoor Entertainment Permit. Brevard County Parks & Recreation Department will be bringing the Traveling Skate Park to Cape Canaveral once again. The selected dates, October Ie -19`h, coincide with a school holiday (October 17`h) so the youths can get an extra day of skating. As is the past, the county takes full responsibility for setting up, breaking down, and supervising the event; the city's only responsibility is to provide an on-site recreation employee to assist with the supervision. Thank you for considering this request. 09/22/2003 15:19 3216331850 PARKS R REC CENTRAL PAGE 02/03 SOP -19-03 12:31P city C)f Capes C,anavera 1 321 868-124$ p.01 CM OF CAPE CANAVERAL, FLORMA APPLYCA 11014 FOR SPECIAL OUTDOOR ENTERTAINMENT PER r Pemtit.No. Date. . The applicant or representative agrees to be on sire at all times empowered with authority over all aspects of the event and empowers{ to act for the applicant. Name of Appiic ut: C a= h ;. a c hate. TitlCreatral Area 9pejefit4ons � i"3rM Rregarrf Caajnty V;-*. - r s4-R8E�otien-8ea. Mamnager Addrws: Aa n F r r r. e s t Aire Telephtme: & 3 3 -1.H 7 4 FAX.a 3 Loruil Cantact: N a n r. v N a n s a a Tick: Director Local Address (if diftTent from above) 7 3 o Q W. hO e nt 1-c A v La.: — Cape Canaveral Typeof"Event: Ira vwi;nrt Skala Parzk Event Dates) in Cape Canaveml: fir -i 9, -44 0 3�- T omticn(s): Dare(s) Time A e s et. 1 ;.L6h-• 1-3--�nr ; --;►-. :ice- -- fl r t o l r 1-g l; h -------a :err:-•� O e t• n h p r t ca t h 1•„ 7--p . m �. _,,, Attach maps) indicating event ares and designated parking areas. OTraf6c Control (Just of poliedFire Resale l`gnipment ©Street Closing OVrhkks/Egnipment on Beach Ower OVehicle Pazldng on City Property Specify. By sigainb tfiis application, the apprcant ackno*Ictiges anal area to the falla wing prev;sions: 09/22/2003 15:19 3216331850 PARKS & PEC CENTRAL PAGE 83/03 Sqp-19-03 1:2_32P City a -f Capra Canavrzra7 321 865-1248 P.02 I. INSURANCE A written public liability insurance policy insuring the person staging. promoting or coxiductiug the outdoor entarta4unant event against any and all claims and demands made by any person for injuries received in connection with the staging, pmMoting. conducting or attendance of or at the outdoor entertainment event. written within, limits of nor less than $300,000.00 da&zge or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property. and Ibr not less than $500,000.00 for damages incurred or claimed by more than one person for bodily irajtuy or otherwise. plus 550,000.00 For damages io property. The originai or duplicate of such policy shall be anachcd to the application for a spacial outdoor cniertainment permit together with adequate evidence that the premiums . are paid c�^ X Nates of Iasvraace Co' `arn olicy No: -.BxvitatioaDate: II. J'ROMOTYONAL Ai14'HO N Permitttx authorizes the City of Cape Cataaverrl to utilize Fermiuce's name and project for public relation pusposas and other meadia related purposes. U1. A=ITS- S The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be appUcabk to the particular production as required by the City of Caps Caaavtrak Tv. EXEMP'i N --S Non profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the bealth, safety and weilare of those in attendume, .as well as the general public, have been otherwise provided for as required by sail! code. List any exemptions Trott are seeld u& any And all „mean+f_ fpge App t Rtpr+ese ti irk Approved by City of Cape Caasveral: City Repreacntative's Name: tette: 5igrtaturc: Applicants shalt keep a copy of this approval permit and attachments on the day of the eve:et within the City of Cape Canaveral. For further inforinatioo, Please contact: City of Cape Cxnaverat Bennett C. Boucher, City I+ .=aget los Polk Avenue Cape Canaveral, FL 32920 Phone- (407) 868-1230 Fax: (407)799-3190 Meeting Type: Regular Meeting Date 10-07-03 EPORT AGENDA Heading Consent Item g No. I recommend approval CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAIMENT PERMIT FOR HALLOWEEN STREET DANCE/PARTY DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council consider approval of the outdoor entertainment permit for the Halloween Street Dance/Party as requested by the recreation director. Summary Explanation & Background: I The event is scheduled for 10/30/03 from 6:30 p.m. — 8:00 p.m. Street closing will be the 7400 block of Poinsetta Avenue and the 100 block of Taylor Avenue. See attached application for details. I recommend approval Exhibits Attached: Recreation Director's memo of 09-22-03; Application City M "yer' ffice Department PARKS & RECREATION ca \my oc ents \council\meeting\2003 10-07-03\halloween.doc CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.Q. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec a,earthlink.net Of TO: Mayor, Council Members, City Manager FROM: Nancy Hanson, Director / n DATE: September 22, 2003 RE: Special Outdoor Entertainment Permit Find attached an application for a Special Outdoor Entertainment Permit. The Recreation Department plans to host a Halloween street dance/party for the youth in the community on Thursday, October 30'' from 6:30-8:00 p.m. in the City Hall Annex parking lot. Celebrations D.J. will provide the music. I am requesting that the 7400 block of Poinsettia Avenue and the first block of Taylor Avenue, from the east United Agency parking lot to the intersection of Poinsettia, be closed from 6:00- 8:30 .m. This will allow for safer conditions for those attending and using the restrooms at the Recreation Center during the event. I will coordinate with the Sheriffs Department on the street closing; perhaps the C.O.P.'s can assist. Thank you for your consideration of the request. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERNM Permit.No. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: N,„ 6, H Title:P a r k s & R e c r e a t i o n Director Firm: Address: 7-100 N AA -1 anti ^e Ave -u_ Cape Canaveral 39920 Telephone: 8 6 8 -12 2 7 FAX: Local Contact: S, a m P a a b oy e Title: Local Address (if different from above) Type of Event: Halloween Street --Parsee Event Date(s) in Cape Canaveral: October 39, 2903 Location(s): Datc(s) Time Annex Parking Lot 6:00-8:30 p.m. *Note - time allowanrP for set tib & 61ean up a-etual e - ny 6:30-8: p.m Attach map(s) indicating event area and designated parking areas. GTraffiic Control . SC OC6ti ire Rescue Equipment )?%treet Closing QVehicleslEquipment on Beach (]Other ❑Vehicle Parking on City Property Specify: By signing this application, the applicant acknowledges and agrees to the following provisions: I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than S300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than 5500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus 550,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: I a a A V �1 (j4iQ s Policy No: Expiration Date: U. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. D.le,2, 73 Applicant or presentative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (407) 868-1230 Fax: (407) 799-3170 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Considerations Item 9 No. Polk Avenue AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF SANITARY SEWER LINING DEPT./DIVISION: PUBLIC WORKS/WASTEWATER Requested Action: City Council consider the cooperative purchase of sewer slip lining services in the amount of $94,540 as recommended by the public works director. Summary Explanation & Background: This is a budgeted item and the public works director is utilizing the City of (?rlando bid (see attached memo). Project Outline: Lincoln Avenue Line 410' Tyler Avenue Line 325' Polk Avenue Line 650' Jefferson Avenue Line 640' Adams Avenue Line 940' Washington Avenue Line 295' I recommend approval. Exhibits Attached: Public works director's memo dated 09-23-03. City er's Office Department PUBLIC WORKS/WASTEWATER c _ kim m oadmin\council\meeting\2003\10-07-03\sewer2.doc M E M O R A N D U M TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: September 23, 2003 SUBJECT: City Council Agenda Item for October 7, 2003 Cooperative Purchase with the City of Orlando, Sanitary Sewer Lining and Manhole Repair; Griner's Pipeline Services, Inc. As part of the City's Sanitary Sewer line rehabilitation program, each year funds are budgeted for repairing the sewer collection system. This program entails the cleaning, televising, and repairing and/or replacing of sewer lines as required. Four years ago the collection crew had identified problem areas and developed a plan for cleaning and televising its sanitary sewer system. As part of this year's rehabilitation program we are scheduling to perform relining of sewer pipe and manhole repair of the City's sanitary sewer system. This year project is a continuation of the City's program. The streets scheduled for the year are Lincoln 410' Polk 650', Tyler 325', Jefferson 640' Washington 295' Adams 940', The projected cost for slip lining 3,260 MOL liner feet of 8" clay pipe is $94,540 (@29.00 LF). Funds have been budgeted for the Sewer Collection System Rehabilitation Improvements for this budget year. The purchase of this service will be through a cooperative bid with the City of Orlando, Bid No. B102-1660, awarded to Griner's Pipeline Services, Inc. This new annual service is valid from October 15, 2002. The City of Cape Canaveral had utilized Griner's Pipeline Services last year and found the quality of workmanship satisfactory. Recommend approving the cooperative purchase with the City of Orlando for service from Griner's Pipeline Services, Inc. in the amount of not to exceed $94,540. Attachments CC: Walter Bandish, File r August. 15, 2003 Shannyn L. Quinn Operations Assistant Miller Pipeline Corporation dba Griper's Pipeline Services 21902 State Road 46 Mount Dora, Florida, 32757-9300 SUBJECT: Extension of Annual Agreement B102-1660-2 for.Sanitary Sewor`L:ining; Manhole Rehabilitati�rr AmendwenrNumber One (0 Dear Ms..Quinn: The subject Agreement will expire on October 14, 2003. I In accordance with the terms and conditions of subject Agreement, the Agreement may, by mutual assent of the parties, be extended for an additional twelve (12) month period. The City has evaluated your performance during the past year. and decided to extend the Agreement, subject to approval by City Council, for an additional year effective October 15, 2003; at the existing pricing,, terms and conditions. Please indicate your approval of this offer by having an officer of your firm execute the acceptance portion below and return the original of this letter, to Edwin W. Weidner, at the address noted below by September 2, 2003. Sincerely, n Mead, C.P.M. ACCEPT CE Director of Purchasing & Materials Management 1Z - By. JM/EWV 'Pfficial Signature ... Title ;. Date OFFICE_ORMACHASING AND MATERIALS MANAGCaMENT CITY HALL - 400 SOUTH ORANGE AVENUE" i'P.O. Box 4990-- ORL-ANbet FLORIDA 32802-4990 PHONE (407) 246-2291 • FAX (407) 246-2869 - http://www.CityofOrlando.net Annual Agreement for Sanitary Sewer Lining and BI02-1660 Manhole Rehabilitation INVITATION TO BID You are invited to Bid on the following: Annual Agreement for Sanitary Sewer Lining, and Manhole Rehabilitation Item Unit No. Quantity Unit Description Price Total Group II The Purchase and Installation of Polyvinyl Chloride Pipe Lining 13. 1000 FT 6 in. pipe, for job sizes from 1 ft. to 1,000 ft. $ 28 $ 28,00 14. 2000 FT 6 in. pipe, for job sizes from 1,001 ft. or more. $ 27 $ 54,00 $186.00 15. 6000 FT 8 in. pipe, for job sizes from 1 ft. to 1,000 ft. $ 31 16. 6000 FT 8 in. pipe, for job sizes from 1,001 ft. or more. $ 29 $174,00 17, 3000 FT 10 in. pipe, for job sizes from 1 ft. to 1,000 ft. $ 34 $102,000 18. 3000 FT 10 in. pipe, :or job sizes from 1,001 ft. or more. $ 3_ $ 99.00 19. 2000 FT 12 in. pipe, for job sizes from 1 ft. to 1,000 ft. $ 38 $ 76,000 20. 2000 FT 12 in. pipe, for job sizes from 1,001 ft. or more. $ 37 $ 74,000 Group III The Purchase and Installation of Polyethylene Pipe Lining 21. 2000 FT 6 in. pipe, for job sizes from 1 ft. to 1,000 ft. $ $ 22. 2000 FT 6 in. pipe, for job sizes from 1,001 ft. or more. $ $ 23. 6000 FT 8 in. pipe, for job sizes from 1 ft. to 1,000 ft. $ $ 24. 6000 FT 8 in. pipe, for job sizes from 1,001 ft. or more. $ $ 25. 3000 FT 10 in. pipe, for job sizes from 1 ft. to 1,000 ft. $ $ 26. 3000 FT 10 in. pipe, for job sizes from 1,001 ft. or more. $ $ 27. 2000 FT 12 in. pipe, for job sizes from 1 ft. to 1,000 ft. $ $ 28, 2000 FT 12 in. pipe, for job sizes from 1,001 ft. or more. $ $ Group IV The Purchase and Installation of Prefabricated Fiberglass Liners & High Density Polyethylene Manhole Liners 29. 10 EA Fiberglass Liner installation for, 42, in. manhole, per $ $ vertical foot of installation. Total Bid (this page) Office of Purchasing and Materials Management Page: 12 CITY OF CAPE CANAVERAL 2003-04 FISCAL YEAR BUDGET SEWER ENTERPRISE FUND 401-19-901. NON -DEPARTMENT EXPENDITURES TOTAL NON -DEPARTMENT FUNDED WITH OPERATING REVENUE 497,381 TOTAL NON -DEPARTMENT FUNDED WITH EXPANSION REVENUE 625,697 87 1999-00 2000-01 2001-02 2002-03 2003-04 % CODE DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET REQ CHANGE 6305 LIFT STATION REHABILITATION - 25,658 270,711 - 20,000 0% le 6310 COLLECTION SYSTEM IMPROVE. 224,408 234,827 168,827 200,000 150,000 -25% 6311 REUSE PROJECT - INSTALLATION 832,739 256,991 2,238 200,000 200,000 0% 6316 SJRWMD-STORM DRAINAGE - 18 3,803 - - 0% 6440 EXPANSION FUND COSTS 4,400 - _ - - - 0% 6500 CONSTRUCTION IN PROGRESS 1,500 - - - - 0% 7110 SRLF CS120825020 DEBT PAYMENT 306,524 316,023 325,817 335,915 346,326 3% 7111 SRLF CS120825030 DEBT PAYMENT 87,799 90,426 93,131 95,920 98,788 3% 7120 STATE REVOLVING LOAN INTEREST 255,061 242,934 223,004 217,550 204,269 -6% 9100 TRANSFER TO GENERAL FUND 75,000 75,000 100,000 156,389 100,000 -36% 9900 OPERATING CONTINGENCY 161,050 269,669 - 25,169 3,695 -85% NON -DEPARTMENT 1,948,480 1,511,546 1,187,531 1,230,943 1,123,078 -9% TOTAL NON -DEPARTMENT FUNDED WITH OPERATING REVENUE 497,381 TOTAL NON -DEPARTMENT FUNDED WITH EXPANSION REVENUE 625,697 87 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Considerations Item 10 No. memo). AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF SANITARY SEWER LINING DEPT./DIVISION: PUBLIC WORKS/WASTEWATER Requested Action: City Council consider the cooperative purchase of sewer slip lining services in the amount of $39,560 as recommended by the public works director. ,v Summary Explanation & Background: This is a budgeted item and the public works director is utilizing the City of North Miami Beach bid (see attached memo). I recommend approval. Exhibits Attached: Public works director's memo dated 09-23-03 City Man s Office Department PUBLIC WORKS/WASTEWATER ca im\ doc admin\council\meeting\2003\10-07-03\sewer.doc M E M O R A N D U M TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: September 23, 2003 SUBJECT: City Council Agenda Item for October 7, 2003 Cooperative Purchase with the City of North Miami Beach, Sanitary Sewer Lining Repair; Griner's Pipeline Services, Inc. As part of the City's Sanitary Sewer line rehabilitation program, each year funds are budgeted for repairing the sewer collection system. This program entails the cleaning, televising, and repairing and/or replacing of sewer lines as required. Four years ago the collection crew had identified problem areas and developed a plan for cleaning and televising its sanitary sewer system. As part of this year's rehabilitation program we are scheduling to perform relining of sewer pipe and manhole repair of the City's sanitary sewer system. This year project is a continuation of the City's program. The streets scheduled for the year is the mechanical cleaning of 560' of 15" DI pipe and the relining. This line is located at the north side of the City and runs west from Atlantic to the sanitary sever line along the ditch area. The North east part of the City is the service area for this sewer main. This ductile iron pipe in poor condition. The projected cost is $39,560. Funds have been budgeted for the Sewer Collection System Rehabilitation Improvements for this budget year. The purchase of this service will be through a cooperative bid with the City of North Miami Beach, Bid No. B2002-14 awarded to Griner's Pipeline Services, Inc. Due to the size of the sanitary sewer line of 15", the Orlando Bid could not be utilized for this project. The City of Cape Canaveral had utilized Griner's Pipeline Services last year and found the quality of workmanship satisfactory. Recommend approving the cooperative purchase with the City of North Miami Beach for service from Griner's Pipeline Services, Inc. in the amount of not to exceed $39,560. Attachments - - -C RAL OR m OF - SEAPORT rn I CAP ��. ?REV ARD C7 5 10- o i !4. .i . .- AIX,- q Jk t 3 Y :`•"S N IV � � •..-� ti > � + a �'` � �'+' .�: P'" �a "r ' rr r i , � , � a .tai s..� rW 4A- k4fil 7 t4 a. � .,�'y�.rk ' .� et.� "� �7c J �, a 'E�,y e'a r � r i.� �' x> ° t ..`v ,x 4��:•. .. a Vis. � 5 j � i � � i 7'v 'k."-' I � ,i is}�-�� •M rn ZE CAP ��. ?REV ARD C7 5 10- o i !4. .i . .- AIX,- q Jk t 3 Y :`•"S N IV � � •..-� ti > � + a �'` � �'+' .�: P'" �a "r ' rr r i , � , � a .tai s..� rW 4A- k4fil 7 t4 a. � .,�'y�.rk ' .� et.� "� �7c J �, a 'E�,y e'a r � r i.� �' x> ° t ..`v ,x 4��:•. .. a Vis. � 5 j � i � � i 7'v 'k."-' I � ,i is}�-�� •M r" City of Cape Canaveral I I � I I -M -- -o .n....."'...... f--------------- I r -=-u 1' 1 1" 1 1 1 Streets HE- 60 - Miller Pipeline Corporation dba Griner's q -- Name of Bidder Pipeline Service Signatu a of Bidder Item Estimated Unit ice Bid No. Description Quantit in both words and figures) Total Figure Removal of protruding Three Hundred dollars service connections 100 EA $ 30.000.00 9a (n 8 -inch to 12- inch and . No cents piping) ($300.00 ) Removal of protruding Four Hundred Fifty dollars 9b service connections 50 EA $ 22.500.00 (n 16 -inch to 24 -inch and. , No cents piping) ($ 450.00 ) Furnish and install PVC Thirty dollars $ 90,000.00 10a liner 3,000 LF and No cents (6 -inch piping) ($ 30.00 ) Fu nd install PVC Tw t -Nine dollars $ 580,d00.00 10b ner ,00 LF and cents (8 -inch pipin 0 Furnish and install PVC Thirty -Two dollars $ 96,0:00.00 10c liner 3,000 LF and No cents (10 -inch piping) ($ 32.00 ) Furnish and install PVC Thirty -Six dollars' 10d liner 3,000 LF and No cents (12 -inch piping) ($ 36.00 ) € Furnish and install CIP Fj f_ty-Fight dollars$ JI a74 11a liner 3,000 LF and un cen (16 -inch piping) ($ 58.00 ) Furnish and install CIP Seventy -Eight dollars $ 234.000.00 11b liner 3,000 LF and No cents (18 -inch piping) ($ 78.00 ) City of North Miami Beach Sewer Rehabilitation BP -7 8(1r2002 BID PROPOSAL Since the.. process of system inspection is ongoing, all item quantities are estimated based on previous experience. No minimum quantities can be provided at this time, and no guarantee is made that the quantities estimated herein are an accurate representation of the work that will eventually be assigned under this contract. miiier Pipeline Corporation S:� a, J . Name of Bidder dba Griner' s Pipeline S 2tv-'Signqfure of Bidder Item Estimated UrUt Price Bid No. Description Quantity in both words and figures Total Figure la Cleaning and television inspection (6 -inch piping) 3,000 LF One dollars and Thirty cents $_ -goo. 00 ($ 1.30 ? 1b Cleaning and television inspection Q (8 -inch piping) 60,000 LF One dollars and No cents $_60,000.00 ($ 1.00 ) 1c Cleaning and television inspection (10 -inch piping) 15,000 LF One dollars and Thirty cents $19.500.00 ($ 1.30 ) Cleaning and television One dollars 1d inspection (12 -inch piping) 10,000 LF and Fifty cents $ 15.000.00 ($ 1.50 ) Cleaning and television Two dollars 1e inspection (16 -inch piping) 3,000 LF and No cents $ � ?000.00 ($ 2.00 ) if Cleaning and television inspection (18 -inch piping) 3,000 LF Four dollars and Fi fty cents $ 13 , 500.00 ($ 4.50 ) ity of North Miafni Beach BP -2 BM/2002 ewer Rehabilitation CITY OF CAPE CANAVERAL 2003-04 FISCAL YEAR BUDGET SEWER ENTERPRISE FUND 401-19-901. NON -DEPARTMENT EXPENDITURES TOTAL NON -DEPARTMENT FUNDED WITH OPERATING REVENUE 497,381 TOTAL NON -DEPARTMENT FUNDED WITH EXPANSION REVENUE 625,697 87 1999-00 2000-01 2001-02 2002-03 2003-04 % CODE DESCRIPTION ACTUAL ACTUAL ACTUAL BUDGET REQ CHANGE 6305 LIFT STATION REHABILITATION - 25,658 270,711 - 20,000 0% �r 6310 COLLECTION SYSTEM IMPROVE. 224,408 234,827 168,827 200,000 150,000 -25% 6311 REUSE PROJECT - INSTALLATION 832,739 256,991 2,238 200,000 200,000 0% 6316 SJRWMD-STORM DRAINAGE - 18 3,803 - - 0% 6440 EXPANSION FUND COSTS 4,400 - - - - 0% 6500 CONSTRUCTION IN PROGRESS 1,500 - - - - 0% 7110 SRLF CS120825020 DEBT PAYMENT 306,524 316,023 325,817 335,915 346,326 3% 7111 SRLF CS120825030 DEBT PAYMENT 87,799 90,426 93,131 95,920 98,788 3% 7120 STATE REVOLVING LOAN INTEREST 255,061 242,934 223,004 217,550 204,269 -6% 9100 TRANSFER TO GENERAL FUND 75,000 75,000 100,000 156,389 100,000 -36% 9900 OPERATING CONTINGENCY 161,050 269,669 - 25,169 3,695 -85% NON -DEPARTMENT 1,948,480 1,511,546 1,187,531 1,230,943 1,123,078 -9% TOTAL NON -DEPARTMENT FUNDED WITH OPERATING REVENUE 497,381 TOTAL NON -DEPARTMENT FUNDED WITH EXPANSION REVENUE 625,697 87 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Considerations Item 11 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: MEMBERSHIP TO THE BREVARD MUSEUM OF HISTORY AND SCIENCE DEPT./DIVISION: LEGISLATIVE Requested Action: Mayor Rocky Randels would like the City to become a corporate member of the Brevard Museum of History and Science and is seeking City Council's support. Summary Explanation & Background: See attached membership information. Please advise. Exhibits Attached: Membership information City Ma s Office Department LEGISLATIVE \yu+Oa.enaamincouncll\meeting\2003\1u-ui-us\Dmhs.doc The Benerits of Membersh' ip As a member of the Brevard Museum of History and Science, you support an organization that cares for, and exhibits items from our local history. Our goal Is to educate the museum visitor by displaying high quality permanent and traveling exhibits, and providing public programming. All corporate memberships are tax deductible to the full 'extent oif the law. The Brevard Museum, Inc. Is a qualified 501(C) (3).not for-profit corporation. Each membership level includes an invitation to our annual open house and recognition in our newsletter. YTE MEMM Associate Business $500 $29500 Platinum Member - $10,000 20 Museum Visitor Passes + 100 Museum Visitor Passes Silver Member = $3,000 + 30 Museum Visitor Passes Two Free ConferenceRoom Rentals Gold Member - $5,000 • 50 Museum Visitor Passes Two Free Conference Room Rentals Tour and Reception for 20 People • Two Free Conference Room Rentals • Tour and Reception for 20 People • Freie admission for 6 to special. ev ents: • Dinner for 4 with a Brevard state senator • Permanent recognition on our donor wall • One free facility rental . Endowment - $500 and up • Recognition in annual mailing The museum has a variety.of sponsorship opportunities to meet your needs, including . traveling exhibits; permanent exhlbits, collections, picnic pavillon, 22 acres of nature trails and conference room. Some :of these opportunities are described below. special Exhibits — $5,000 to $50,000 The museum's largest exhibit hall is dedicated to temporary exhibits that are either created by the museum staff, or rented from other museum's. Usually a temporary exhibit will be on dis- •play for 4 months. Sponsorships range from $5,000 for an in-house exhibit to $50,000 for. a / first class exhibit that would draw visitors from the entire region. Sponsors would be-reeog- - niied in all literature, press releases, sand signage associated with an exhibit. .-Permanent Exhibits - $1,000 and up The museum's permanent exhibits must be fabricated and maintained. and refurbished. Each sponsor .weuid be recognized in the signage associated with the exhibit. Travelling Exhibits -- $1,004 to $100,000 Traveling exhibits range from trunks of artifacts sent around to area schools to complete exhib- Its that are rented to other museums. Sponsors of major traveling exhibits will get state and regional exposure. r- Facilities -- $10,000 and up Call us about sponsoring a room, hall or even entire building. PIS- 4v M yr �4v �G y�sTORY & 4L�� BREVARD MUSEUM OF HISTORY AND SCIENCE 2201 Michigan Ave. • Cocoa, Florida 32926 • (321) 632-1830 Trustees July 16, 2003 President Courtney Carlson City of Cape Canaveral Business and Cultural Development Board Vice -President 105 Polk Avenue Chris DeLorey P.O. Box 326 Cape Canaveral, FL. 32920 Secretary Jennifer Tucciarone Treasurer Dear Board Members, Charles Radloff On behalf of The Brevard Museum of History and Member at Large Billie Barton Science, we would like to thank you for the opportunity to introduce our museum. The BMHS is a non-profit Carol Ellis 501 (c) (3) corporation. We pride ourselves in helping to serve the community by presenting temporary Brenda Fettrow exhibits that recognizes our past and present history of Brevard County. The Museum is dedicated to Ric Holt promoting the discovery, understanding, responsible use, and enjoyment, of the natural world to the public, Pat Mastropaolo by encouraging and developing in them, a working Michael Miller knowledge and appreciation of Brevard History and Natural Science. Ed O'Connor Congratulations on the 40" Anniversary of the City of Nancy Pender Cape Canaveral. What a wonderful opportunity for a partnership between the BMHS and the City. We would Susan Schleith like the opportunity to promote your beautiful city within the museum by offering the public a glimpse of Delores spearman what the city has offered through the many years. We Hilary Steinberger can work together to make this exhibit possible by providing the museum with memorabilia, pictures, Executive Director information, etc. With some creativity the possibilities JaNeen Smith of a great exhibit celebrating the City of Cape Canaveral's 40th anniversary are wide open. Guild Rep Sue Perry The museum would offer space and maintenance for your educational and informative exhibit. A 501(C)(3) NOT FOR PROFIT CORPORATION The museum will also offer a special discount for the citizens of the City of Cape Canaveral. We look forward to working together and we are opened to any ideas that the board may have in helping you celebrate this special occasion. Respectfully Submitted, T)da+�'A Odalys Smith Assistant Director Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Ordinances -2°d Reading Item 12 No. Exhibits Attached: 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 adoption of Ordinance No. 33-2003, adopting technical "house cleaning" amendments to Chapter 62, relating to the collection of solid waste and recoverable materials. r Summary Explanation & Background: These proposed amendments are the result of a recent code review workshop. I recommend approval. Exhibits Attached: Ordinance No. 33-2003 City ge s Office Department LEGISLATIVE ca im ydo s\admin\council\meeting\2003\10-07 U3\33-LUU3.U0G 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 strikcotit 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 owneL, resident mid occupwit of any residential =it Shall r container.place any yard trash, ot recove., able materiai in miy individtial 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, mtd the owner, 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, sandbed 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 10-07-03 AGENDA Heading Ordinances-]" Reading Item 13 No. determination. 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 MANAGEMENT/PUBLIC SAFETY Requested Action: City Council consider adoption of Ordinance No. 27-2003 creating a new Chapter 115, relating to vested development rights as recommended by the Planning & Zoning Board. 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. City Council sent this item back to P&Z on 09-16-03 for further review. The P&Z Board unanimously recommended approval at their 09-24-03 meeting. I recommend approval. Exhibits Attached: , City Attorney's memo dated 08-28-03; Ordinance No. 27-2003; City Manager's memo dated 09-17-03 City M is Office �'� Department GROWTH MGMT/PUBLIC SAFETY kim ydoc admin\council\meeting\2003\10-07-03\27-2003.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 Katherine Latorre Jennifer A. Michael Michelle A. Reddin 'Board Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law September 25, 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: Ordinance 27-2003 - Vested Rights City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary Of Counsel Please find enclosed an ordinance adopting a new Chapter 115 to the City Code relating to vested rights determinations. This ordinance was reviewed and unanimously recommended for approval by the Planning & Zoning Board at its meeting on September 24, 2003. Please schedule this ordinance for first reading as soon as possible. Very truly yours, /Jje�yP. Buak Assistant City Attorney JPB/ Enclosures: Ordinance (sent via e-mail) F:\Docs\City of Cape Canave ral\Correspondence\Boucher\Vested_Rights_Ltr092903.wpd 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 Memo TO: PLANNING & ZONING BOARD From BENNETT C. BOUCHER, CITY MANAG Date: 9/17/2003 10 Ree ORDINANCE NO. 27-2003, CREATING A NEW CHAPTER 115 RELATING TO VESTED DEVELOPMENT RIGHTS The City Council reviewed this proposed ordinance at their 09-16-03 meeting and is seeking feedback from the board on the proposed ordinance. They recognize that the P8Z Board did not recommend approval of the draft ordinance at its 08-29-03 meeting. The City Council is very interested in having a vested development rights ordinance as a tool in which to address these types of property rights issues as they arise from time to time. Your review and recommendation are greatly appreciated. BCB:kmm Attachments e Page 1 BROWN, SALZItiIAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher Suzanne D'Agresta= Cocoa & Fiera 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 'Board Certified City, County & Local Government Law August 28, 2003 Erin J. O'Leary g 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. V trul yours, i 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.odandolaw.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.JS. 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 Page 1 of 10 Chapter 115 - Vested Rights ARTICLE I. IN GENERAL See. 115-1. Purpose and Intent. In recognition that the fact that certain land development rights 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 implement the Comprehensive Plan, it is the intent of this Article to provide for a fair and equitable process for the determination of whether a property owner has vested rights. Sec. 115-2. Definitions. (a) 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. City Council shall mean the City Council of the City of Cape Canaveral. Florida. Q City Manager shall mean the City Manager for the Ci 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 city. Construction typically means more than mere clearing, grubbing,g2yading, 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 can ging out of any building activity 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 anv order issued by the city granting, denying or granting 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 diligence. Land shall mean the earth water and air above below, or on the surface and includes any improvements or Structures customarily regarded as Land. Parcel of land shall mean any quantily of Land capable of being described with such definiteness that its location and boundaries maybe 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. Party shall mean: a. A specifically named Person whose substantial interests are being determined in a vested rights proceedin& 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 City Council at the vested rights 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, tnist, association, two (2) or more persons having a ioint or common interest, or any other legal entity. 13 Stf-ucture 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 1ipelines transmission lines tracks and advertising situs. 14 Subdivision shall mean any Subdivision of Land as defined in Section 98-1 City Code Sec. 115-3. Vested rights permits, effect. (a) Any Person may 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 by way of application in accordance with the procedures described in this Article. bb) Possession of a vested rights permit shall enable a permit holder to complete the Development approved under suchep rmit a to and through issuance of appropriate certificates of occupancy, subiect to the limitations provided herein and subject to compliance with such laws and regulations against which the Development is vested. Sec. 1154. Exhaustion 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 applicant 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 applicant, 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 ap lip 'cant by means of the City's act or omission. The criteria set forth above shall not be deemed an exclusive statement of the rounds for determining that the richt 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 Pale 4 of 10 b� The purchase of property in reliance on then existin z� oning, without more, shall not vest the purchaser's right to develop in accordance with said zoning, (c) The following are not considered Development expenditures or obligations in and of themselves without more, unless the applicant was unable to obtain further approvals because of extraordinary delays beyond the applicant's control: (1) Expenditures for legal and other professional services that are not related to the desim or Construction of improvements; Taxes paid; or (3) Expenditures for initial acquisition of the Land. Sec. 115-6. Permit expiration; substantial deviations, etc. (a) 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 roperty 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 ofthe application serves as the predicate fortherights granted under this Article, then the rights granted hereunder shall also expire. fb 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 any Development Order or pennit or approval or binding letter of vested rights 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. Any Party who believes thev 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 permits are issued is to provide certainty and predictability in the use and conveyance of Land and interests therein. There is no deadline. therefore. for applying`for a vested rights permit. However, a Party shall have waived and abandoned any claim to vested rights for a particular property if an application for a vested rights permit is not filed within thirty (30) days after the following actions: Denial of a Development Order for that Property. when the denial is based on inconsistency with the City's Comprehensive Plan or land development regulations or failure to meet the concurrencyrequirements of the Comprehensive Plan: Receipt of notice of a proposed rezoning or future land use map amendment initiated by the City for that Property. (c) Contents of application. The application shall be contain at a minimum. The name of property owner; Q The address of property owner; Q The telephone number of property owner; The project name, if applicable; The street address of property, if known, The legal description for the property; Gj A statement providing the factual basis upon which the application is brou t and the legal basis upon which the application is based. To comply with this provision it is recommended an applicant submit a memorandum of law researched and prepared by a licensed Florida attomey; U All supporting information including Development Orders and permits contracts letters appraisals reports or any other documents items or things upon which the qpplication is based; A list of the names addresses, and telephone numbers of any witnesses whom the Wficant shall present in support of the application and a summary of the testimony of each witness; and 10 Any other information reasonably wired by the City Manager or City Attomey. 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. Certification by and continuing obligation oapplicant. The signature of the applicant, or any agent or attorney for the applicant, Won 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_. (a) To facilitate the City Council's review of a vested rights application, the City Attorney shall review all applications and evidence filed pursuant to this Article. The City Attorney shall have the authority 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. b) Unless additional time is granted by the City Council, the City Attorney shall prepare a preliminMnon-binding report within forty-five (45) calendar days afterreceipt 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 famished at the application stage. D The City Attorney shall submit the report to the City Council. A copy of such report shall be provided to the applicant and the Cily Manager. Ldj Upon receipt of the City Attorney's report, the City Manager shall schedule aup blic hearing before the City Council regarding the 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 g 1pp icant maspplement 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 agreement with a Party for purposes of resolving any claim for vested rights. City of Cape Canaveral Ordinance 27-2003 Page 7 of 10 Sec. 115-11. Public Hearing. (a) The City Manager shall schedule apublic hearing before the City Council to be held within thirty X30) days of the City Manager's receipt of either (i) the written port by the City Attorney, 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) days prior to the date of the hearing_ (c) The parties before the City Council shall be the applicant, the applicant's witnesses, if any, citesstaff, interested members of the public, if any, and witnesses of the interested members of the public, if M. Any interested member ofthe 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. (f) Minimum duerop cess procedures shall apply including notice, an op o�rtunity to be heard in person or by counsel, and the rida 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 necessga and Mpropriate. To that end, if during the hearing the City 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 V=oses 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 nights permit is granted, the City Manager shall issue a vested rights permit allowing the applicant to develop or continue to develop the vested development in question, City of Cape Canaveral Ordinance 27-2003 Pale 8 of 10 notwithstanding any provision of the City's Comprehensive Plan or land development regulations with which the continued development would otherwise appear to be inconsistent Sec. 115-13. Judicial review. Any Person aQsrieved by a final decision of the City Council under this Article shall have the richt to appeal the final decision to a court of competent jurisdiction. 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 ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: 2003. ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney FADocs\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 10-07-03 AGENDA Heading Ordinances -I" Reading Item 14 No. I also placed in your mailboxes a report from the code enforcement officer on typical sight triangle problems. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 34-2003, AMENDING SECTION 110-469 PROVIDING FOR VISIBILITY AT INTERSECTIONS DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 34-2003, amending Section 110-469 providing for visibility at intersections as recommended by the Planning & Zoning Board. Summary Explanption & Background: See attached memo from the city attorney. I also placed in your mailboxes a report from the code enforcement officer on typical sight triangle problems. I recommend approval. Exhibits Attached: City Attorney's memo; Ordinance No. 34-2003 City Ma er's ffice Department GROWTH MGMT/P&Z cape- k' in ocumen in\council\meeting\2003\10-07-03\34-2003.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 Katherine Latorre Jennifer A. Michael Michelle A. Reddin 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law VIA Facsimile & U.S. Mail 321-868-1224 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 September 29, 2003 Re: Ordinance 34-2003 - Relating to Visibility at Intersections City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary Of Counsel Please find enclosed an ordinance amending Section 110-469 of the City Code. This ordinance clarifies what can be placed within the visibility triangle of corner lots. Previously nothing could be erected, placed, planted or allowed to grow between a height of 2 %feet and 10 feet. The proposed ordinance clarifies the intent by only authorizing the placement of (1) traffic signs; (2) utility poles and infrastructure; (3) sidewalks; (4) open chain link or wire fences; (5) ground cover (not to exceed 2 %2 feet; and trees (provided the lowest portion of the canopy is at least ten feet in height at and after planting, within the visibility triangle on corner lots. This ordinance was reviewed and conditionally recommended for approval by the Planning & Zoning Board at its meeting on September 24, 2003. This ordinance contains the provisions required by the Planning & Zoning Board, to wit: (1) groundcover can be up to 2 %2 feet, up from 1 foot; chain and wire fences allowed on corner lots; and trees provided no part of the canopy is below 10 feet. Please schedule this ordinance for first reading as soon as possible. Very truly yours, Je y P. Buak Assistant City Attorney JPB/ Enclosures: Ordinance (sent via e-mail) F:\Docs\City of Cape Canaveral\Correspondence\Boucher\Intersection_Visibility_Ltr92903.wpd 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. 34-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 110-469; PROVIDING FOR VISIBILITY AT INTERSECTIONS; 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 reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That sections 110-469 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and strikee}tt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in sections 110-46, 110-62, and 110-137. It is intended that the text in sections 110-469 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Article IX. Supplementary District Regulations * * * Sec. 110-469. Visibility at intersections. On a corner lot in any zoning district nothing, with the-_-eeptior of tf ff e signs, utili " poles and open ,.,,ai link OF e fenees, shall be erected; or placed, plafAea ^ allowed to grow between a heiglA of 2 1/2 feet and ten feet above the eenter-line gr-ades of the inter-seefing stfeets in the triangular area bounded on two sides by the street right-of-way lines and on the third side City of Cape Canaveral Ordinance No. 34-2003 Page 1 of 3 by a straight line drawn between two points on the street right-of-way line located 25 feet from the point of the intersection of the street right-of-way lines: except traffic signs, utility poles and infrastructure sidewalks open chain link or wire fences ground cover landscaping (e.g. grass, very small shrubs) and trees Ground cover shall not exceed two and one-half (2 1/2) feet in height at and after planting No part of the canopy of a tree planted or allowed to grow within this area shall be lower than ten (10) feet in height, at and after planting. 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. 34-2003 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 32003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 34-2003 Page 3 of 3 Against Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Ordinances -1' Reading Item 15 No. action in circuit court. The City Council wanted to establish an administrative appeal procedure and asked the city AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 35-2003, AMENDING CHAPTER 110, RELATING TO SITE PLAN REVIEW, PROVIDING FOR THE APPEAL TO THE CITY COUNCIL DEPT./DTVISIOm GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading, Ordinance No. 35-2003, amending Chapter 110, relating to site plan review, providing for the appeal to the City Council Summary Explanation & Background: ' Currently, the Planning & Zoning Board, acting as a quasi-judicial board, has final site plan determination authority. Thus, if an applicant for site plan approval wanted to appeal the P&Z Board's decision, they would have to file an action in circuit court. The City Council wanted to establish an administrative appeal procedure and asked the city attorney to submit a draft procedure to the P&Z Board for review and recommendation. The Planning & Zoning Board at their 09-10-03 tweeting unanimously agreed the proposed ordinance be denied (see attached memo). I placed this on the agenda for fiarther deliberation by the City Council. Exhibits Attached: City Attorney's memo dated 09-12-03; P&Z Memo dated 09-16-03; Ordinance No. 35-2003 City Ma er' Office Department GROWTH MGMT/P&Z cap' \my ocum dmin\council\meeting\2003\10-07-03\35-2003 doc BROWN, SALZMAN, WEISS & GARGANESE, P.A. Usher L. Brown' Suzanne D'Agresta° Anthony A. Garganese° Gary S. Salzman* John H. Ward' Jeffrey S. Weiss "Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law Attorneys at Law Offices in Orlando, Kissimmee, Cocoa & Viera September 12, 2003 VIA E-mail and U.S. Mail boucher-caPe(&-cfl. rr. com Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 DISTRIBUTION Mayor y City council �- City Nlgr. City Afro. Po. 1< s Dir. — 13uilc!�r':h iJft. -'glance D11. Re: Ordinance - Site Plan Review - Appeal City of Cape Canaveral - Building/Code Enforcement/Zoning Our File No.: 513-008 Dear Bennett: Debra S. Babb-Nutcher Jeffrey P. Buak° John U. Biedenharn, Jr. Joseph E. Blitch Douglas Lambert Katherine Latorre Jennifer A. Michael Michelle A. Reddin Erin J. O'Leary Of Counsel Please allow this correspondence to serve as a follow-up to our summary of the September 10, 2003 Planning & Zoning Board Meeting. As indicated, the P&Z Board reviewed the above referenced ordinance, which provides for an appeal to the City Council of final decisions by the Board relating to site plan approval. The Board recommended denial based upon the following reasons: • The Board felt that the Code, as written, has been operating acceptably for several years; • The Board believes that the City Council, as a political body, should not be put in the position to decide appeals from site plan review; and • The Board believes that any interim appeal to the City Council would reduce the leverage the Board holds over developers and property owners while reviewing the site plan. 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.odandolaw.net • Email: firm@odandolaw.net Bennett Boucher, City Manager September 12, 2003 Page 2 If you have any questions regarding this matter please do not hesitate to contact our offices. Very truly yours, ffeffrevyuak Assistant City Attorney JPB/jdw Enclosure: Ordinance FADocs\City of Cape Canaveral\Correspondence\Boucher\P&ZBoard_Ordinance_SitePlan_Followup_Ltr091203.wpd City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk �3 From: Bea McNeely, Chairperson, Planning & Zoning Board 6' Re: Recommendation to City Council Re: Amending Chapter 110 - Site Plan Procedures. ------------------------------------------------------------------------------------------------------------ At the P & Z meeting held on September 10, 2003, the Planning & Zoning Board reviewed the above referenced ordinance to amend Chapter 110, Site Plan Procedures. Following discussion, the Board unanimously agreed that the proposed ordinance be denied because of the following reasons: 1. The P & Z Board has operated for the past 40 years and the Board did not determine a driving need to change the existing site plan procedures. 2. The City Council leans on the P & Z Board to do the homework, hold hearings, and obtain all facts before rendering decisions without political influence. 3. The Board agrees that there should be an appeal process to the Board of Adjustments. 4. The P & Z Board has the power to negotiate with developers because the developers have no other avenue than taking the issue to Circuit Court. 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 ORDINANCE NO. 35-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE, RELATING TO SITE PLAN REVIEW; PROVIDING FOR APPEAL TO 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. 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, site plan review approval is a final quasi-judicial determination of the City of Cape Canaveral Planning and Zoning Board; and WHEREAS, the City Council desires to provide for an administrative appeal procedure for site plan review; 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. Section 2. Code Amendment. That Chapter 110 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 sections Chapter 110. It is intended that the text in sections Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 110 - ZONING City of Cape Canaveral Ordinance No. 35-2003 Page 1 of 4 ARTICLE VI. SITE PLANS Sec.110-223. Review procedures. (g) The planning and zoning board, following public hearing and review of any submitted site plan, may approve, approve with conditions or denthe pplication based upon the site plans compliance with the City's Code and Comprehensive PlanAll decisions of the planning and zoning board are final, subject to the right of appeal to the City Council provided below. �h) If the planning and zoning board elects to grant conditional approval of a site plans subject to any conditions or contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or contingencies are satisfied, the final site plan approval date shall be either the expiration of the 90 -day period;; or the date the building official certifi est by notation on all city site plan copies, that all conditions and/or contingencies as are satisfied, whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90 -day period the conditional approval shall be automatically withdrawn and the application shall stand as denied. The 90 -day compliance period may be extended at the discretion of the planning and zoning board, upon written request of the applicant prior to the expiration of the 90 -day compliance period and where if the applicant demonstrates unusual circumstances or undue hardship. (h)Qi The planning and zoning board shall have no authority to consider a proposed site plan unless: (1) The applicant has adequately and completely addressed all items on the site plan checklist prepared by the building official; and (2) The applicant has otherwise complied with all matters contemplated under this section. At any meeting held for that purpose, the planning and zoning board shall table and reschedule any site plan scheduled for consideration which is determined by the building official not to have complied with all of the requirements of the section. A finding by the building official that a site plan is ready for consideration by the planning and zoning board shall not be construed as binding the board to approve the site plan. City of Cape Canaveral Ordinance No. 35-2003 Page 2 of 4 f-i)fi) if the plaming and zoning board elects to deny m-ry other site plan submitted fbr review, the applicant shall have 9E) days from the meeting date at which the site plan was considered address any changes or deficiencies. ff wry site plan so revised is not considered by -the plarming andzoning board at or before the next regularly scheduled meeting innnediately fbilowing the expiration ofthe 90-dayperiod, the application shall be deemed withdrawn and the applicant shall begin the application pro 'including payment of miothe! application -fec Following a public hearing on any application for site plan approval the planning and zoning board the board's secretary shall send to the applicant, by certified mail return receipt requested, written notice of the action taken and the right to an ap eap 1 as provided below. Sec. 110-223.5. Appeal. The applicant may appeal the decision of the planning and zoning board to the city council in accordance with the following procedures. The filing of an appeal stays the action of the planning and zoning board until a decision by the city council is rendered. Ua,) The applicant may, not later than ten (10) calendar days after receiving notice of final action by the board relatingto site plan approval, file with the city_ clerk a written request for an appeals hearing before the city council. If a written request is filed within the ten (10)day limit and as otherwise provided above, the city council shall consider the request. The city council shall hear, and make a determination on the appeal within thirty(30) days from the date the written request for an appeal is received b the he city clerk. The applicant shall be provided notice of the city council hearing at least seven (7) dasprior to the council hearing_ (c) The city council shall hear and consider evidence offered by M interested person to determine whether the planning and zoning board properly denied an application for site plan approval in accordance with the City Code and City omprehensive Plan. The formal rules of evidence do not apply. Wj The city council shall grant or deny the appeal byajority vote in accordance with the council's quorum requirements contained in the City Charter. Failure to reach a majority vote will result in denial of the appeal. Any dispute of fact must be decided on the basis of a competent and substantial evidence. The decision of the city council is final. Le) Judicial review of the denial of site plan approval shall be available only after the administrative procedures and remedies set forth in this section have been exhausted. 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 City of Cape Canaveral Ordinance No. 35-2003 Page 3 of 4 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 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\Site_Plan_Appeal_091203.wpd City of Cape Canaveral Ordinance No. 35-2003 Page 4 of 4 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Ordinances -I' Reading Item 16 No. distance from property line of an alcoholic beverage establishment and the property line of the church, school or EGA NDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 36-2003, AMENDING SECTION 110-171 RELATING TO DISTANCE SEPARATION BETWEEN ALCOHOLIC BEVERAGE ESTABLISHMENTS AND CHURCHES, SCHOOLS AND PLAYGROUNDS DEPT./DIVISION: GROWTH MANAGEM ENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 36-2003 relating to distance separation between establishments which dispense; sell, serve, store or permit consumption on premises of alcoholic beverages and between such establishments and churches, schools and playgrounds as recommended by the Planning & Zoning Board. Summary Explanation & Background: The proposed drdinance provides that the measurement of distance from the above mentioned shall be the shortest distance from property line of an alcoholic beverage establishment and the property line of the church, school or Playground. I recommend approval. Exhibits Attached: Ordinance No. 36-2003; City Attorney's memo of 09-29-03 City Ma s Office Department GROWTH MGMT/P&Z ca im% 1, doc admin\council\meeting\2003\10-07-03\36-2003.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 Katherine Latorre Jennifer A. Michael Michelle A. Reddin 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law September 29, 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: Ordinance 36-2003 Relating to Alcohol Sale Distance Separation City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary Of Counsel Please find enclosed an ordinance amending Section 110-171 of the City Code. This ordinance provides for a uniform method of measuring the required distance separation between establishments which provide or propose to provide the sale and consumption of alcoholic beverages and like establishments, churches, schoolgrounds and playgrounds. The Planning & Zoning Board reviewed this ordinance at its September 24, 2003 meeting and unanimously recommended approval. Please schedule this ordinance for first reading as soon as possible. Very truly yours, J y P. Buak ek Assistant City Attorney JPB/ Enclosures: Ordinance (sent via e-mail) F:\Docs\City of Cape Canaveral\Correspondence\Boucher\Alcohol_Dist_Sep_Ord.wpd 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. 36-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE, RELATING TO DISTANCE SEPARATION BETWEEN ESTABLISHMENTS WHICH DISPENSE, SELL, SERVE, STORE OR PERMIT CONSUMPTION ON PREMISES OF ALCOHOLIC BEVERAGES AND BETWEEN SUCH ESTABLISHMENTS AND CHURCHES, SCHOOLS, AND PLAYGROUNDS; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; 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 Section 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 562.45, Florida Statutes, expressly permits a municipality to enact ordinances regulating alcoholic beverage establishments; and WHEREAS, the City desires to provide a clear and unified method for calculating the minimum required distances between establishments which dispense, sell, serve, store, or permit consumption on premises of alcoholic beverages and between such establishments and churches, schools, and playgrounds; 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. Section 2. Code Amendment. That Section 110-171 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and sheet type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 110-171. It is intended that the text in Sections 110-171 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. 36-2003 Page 1 of 3 Section 110-171. Establishments serving Alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this subsection and also the following: (1) The establishment shall not be permitted to locate within 300 feet of any existing church, schoolgrounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. Measur-ement shall beadd from +w entraflee—of the establishment to the elesest lot line of the ehur-eh, seheelgr-ounds or- playgr-eun by following -the -shortest r-eute to ordinary pedestFian tfayel-arexgthe publke thoroRghf e, street or -ea The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, schoolgrounds orplayground. (2) The establishment, if licensed by the state division of alcoholic beverages and tobacco to permit on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The spec e dist nee sha measured in a straight line,,FtieuFegRfd to ntervening-s�metur-es-,tem-the elesest exterior- stfuet r -al wall of eaeh sueh establishmen The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida Beverage Laws (Chs. 561 through 568, Fla. Stat.). Provided, however, exceptions to this subsection 110- 171(a)(2) are: City of Cape Canaveral Ordinance No. 36-2003 Page 2 of 3 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of )2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 36-2003 Page 3 of 3 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Ordinances -0 Reading Item 17 No. The Planning & Zoning Board recommended this proposed ordinance by a vote of 3-2 at their 09-24-03 meeting. AGENDA REPORT CITY COUNCII. OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 37-2003, ADOPTING A NEW SECTION 110-321, RELATING TO THE PROTECTION OF BEACH -END PUBLIC PARKING DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading, Ordinance No.37-2003, adopting a new code section 110-321, relating to the protection of beach -end parking within the medium density residential zoning district as recommended by the Planning & Zoning Board. Summary Explapstion & Background: The Planning & Zoning Board recommended this proposed ordinance by a vote of 3-2 at their 09-24-03 meeting. This ordinance protects the (17) beach -end parking areas and provides a procedure to obtain a variance with a maximum of (2) spaces that could be removed. This proposed ordinance is consistent with the City's comprehensive plan, and I recommend approval. Exhibits Attached: Ordinance No. 37-2003 City Ma er' Office ''� Department GROWTH MGMT/P&Z cape- mydo ent 'n\council\meeting\2003\10-07-03\37-2003.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 Katherine Latorre — Jennifer A. Michael Michelle A. Reddin 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law VIA Facsimile & U.S. Mail 321-868-1224 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 September 29, 2003 Re: Ordinance 37-2003 - Relating to Beach -End Parking City of Cape Canaveral - Building/Code Enforcement/Zoning Our File No.: 513-008 Dear Bennett: Erin J. O'Leary Of Counsel Please find enclosed an ordinance adopting Section 110-321 of the City Code. This ordinance provides for the protection of beach -end public parking by requiring developers or redevelopers to gain access to their property by means other than a reduction in beach - end parking. Where no reasonable alternative access is available the property owner can request a variance from the Code to allow access across the public parking facilities. In no case, however, can there be a loss of more than two (2) parking spaces. The Planning & Zoning Board reviewed this ordinance and recommended approval at their September 24, 2003 meeting. Please schedule this ordinance for first reading as soon as possible. Very truly yours, r- ;J! ey P. Assistant City Attorney JPB/ Enclosures: Ordinance (sent via e-mail) F:\Docs\City of Cape Canaveral\Correspondence\Boucher\Beach_End_Parking_Ord.wpd 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. 37-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW SECTION 110-321 OF THE CITY CODE; RELATING TO THE PROTECTION OF BEACH -END PUBLIC PARKING WITHIN THE MEDIUM DENSITY RESIDENTIAL ZONING DISTRICTS; 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, Policy CM -9.5 of the City's Comprehensive Plan requires the City to provide transportation or parking facilities for beach and river shoreline access; and WHEREAS, the City has conducted a survey of the existing public parking facilities located at the City beach access crossovers and have found the facilities to be limited in number; and WHEREAS, the City, in accordance with its Comprehensive Plan, desires to protect and maintain the existing beach -end public parking facilities to ensure continued beach access to the citizens of Cape Canaveral; and WHEREAS, the City recognizes the property interest associated with reasonable access to private property; and WHEREAS, however, the rights of landowners abutting a roadway are subordinate to the needs of government to improve the roads to meet the needs of the public, Weir v. Palm beach County, 85 So. 2d 865 (Fla. 1956); and WHEREAS, the denial of the most convenient access to an abutting road does not constitute a taking unless, when considered in light of the remaining access to the property, it can be said that the property owner's right of access was substantially diminished, Palm Beach County v. Tessler, 538 So. 2d 846 (Fla. 1989); 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: City of Cape Canaveral Ordinance No. 37-2003 Page 1 of 4 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 Adoption. That section 110-321 of the Code of Ordinances, City of Cape Canaveral, Florida, entitled Protection of Public Beach -End Parking is hereby adopted as follows: (underlined type indicates additions to the City Code.) Sec. 110-321. Protection of Public Beach -End Parkinu. In the R-3 (medium density residential) zoning district there exists beach -end public parking as described in the following schedule: City of Cape Canaveral Ordinance No. 37-2003 Page 2 of 4 Public Beach Access # of Public Spaces Location (side of street) 1 Harbor Heights 12, plus 1 Handicapped East Side 2 Canaveral Sands 0 N/A 3 Washington 10 North Side 4 Adams 8 North Side 5 Jefferson 8 North Side 6 Madison 14 North Side 7 Monroe 15 North Side 8 Jackson 16, plus 1 Handicapped North Side 9 Harrison 14 North Side 10 Tyler 14 North Side 11 Polk 7, plus 1 Handicapped North Side 12 Ta•vlor 14 North Side 13 Fillmore 13 North Side 14 Pierce 14 North Side 15 Buchanan 12, plus 1 Handicapped North Side 16 Lincoln 9 North Side 17 Johnson 10 North Side City of Cape Canaveral Ordinance No. 37-2003 Page 2 of 4 Access to property lying adjacent to these public parking facilities shall be subject to the following. Ingress and egress to future development or redevelopment projects shall not cause the removal or reduction of any existing beach -end public parking_ spaces, except as provided herein. (22) If, by operation of this section, ingress and egress to the property is denied, the property owner may apply for a variance under this Chanter. To be entitled to such a variance, the property owner must demonstrate that no reasonable alternative ingress or egress is available. Reasonable alternatives include, but are not limited to, existing driveway alleys, or access easements. This subsection is supplemental and in addition to any requirements provided within Section 110-62 or any other provisions of the City Code. Where a variance is granted, the maximum number of beach -end public parking spaces to be removed shall be two (2) spaces or twenty (20) feet. For any dwelling unit development or redevelopment, ingress and egress access shall only be provided through a single shared driveway to minimize the elimination of beach -end public parking spaces. 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. City of Cape Canaveral Ordinance No. 37-2003 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 37-2003 Page 4 of 4 Against Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Ordinances -I" Reading Item 18 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 38-2003, TRAVEL AND PER DIEM POLICY DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 38-2003, travel and per diem policy. Summary Explanation & Background: Staff held several meetings to review travel policies from other communities in our area and after considerable review, staff is recommending the adoption of this ordinance. I recommend approval at first reading. Exhibits Attached: Ordinance No. 38-2003 City Ma r Office Department LEGISLATIVE ca\m ocumen in\council\meeting\2003\10-07-03\38-2003.doc Sent By: 8R0WN,SALZMAN,WEISS&0AR6ANESE; 407 425 9596; Sep -30-03 2:39PM; Page 2/2 BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L. Brown' Offices in Orlando, Kissirntuee, Debra S. BAW)-Nutcher Suzanne D'Agresta" Cocoa & Vtera Jeffrey P. Busk" Anthony A. Garganese" John U. Oadenlwn, Jr. Gary S. Salzman* Joseph E. Glitch John H. Ward' Douglas Lambert Jeffrey S. Weiss Katherine LaWre — Jennifer A. Michael Mlcholle A, Redden 'Board Cwtftd Civic Triol Lawyer 'Board Certilial Rusiness Litigation Lawyer ,'Board Celled City. County & Local Government Law VIA Facsimile S U.S. Walll 321 -NO -1 4 Sennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral. Fl 32920 September 30, 2003 Re: Ordinance - Travel Reimbursement City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary Or counsel Please find enclosed herewith a copy of a revised Travel Reimbursement Ordinance, per your request. The attached Ordinance is the policy that was prepared by City staff in ordinance form. The only change to the policy is the inclusion of a "purpose" section at the beginning of the Ordinance. If you have any questions regarding this matter, please do not hesitate to contact our offices. Very truly yours, ;Jlerey P. Buak Assistant City Attorney JPB/jdw Enclosures: Ordinance (sent via e-mail) F: DMkCuy or Cape Cansvera l%Correspondence%BouchenTravel Rekrt ursement Ofd Ura93003.wp0 225 Eaat Robinson Street, Suits 660 - P.O. Box 2873.Ortondo, Florida 32802-2873 Orlando (407) 425-9366 Fax (407) 4?.3.9596 - Kissimmee (321) 402-0144 - Cocoa & Viera (888) A25.9666 Webshv www.orlandolow.net - Emal: fmrmooriandcaw.net ORDINANCE NO. 38-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW ARTICLE TO CHAPTER 2 OF THE CITY OF CAPE CANAVERAL'S CODE OF ORDINANCES, RELATING TO THE REIMBURSEMENT POLICIES AND PROCEDURES FOR OFFICIAL TRAVEL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, based upon the City Manager's review of the City's current policies and procedures for official travel and reimbursement of related travel and per diem expenses and the Florida Statutes, the City Manager has made recommendations for adopting policies and procedures for official travel and reimbursement of related travel and per diem expenses; and WHEREAS, during the 2003 Florida Legislative Session, the Florida Legislature adopted Section 166.021 (10)(a), Florida Statutes, to provide that a municipality may provide for a per diem and travel expense policy for its travelers which vary from the provisions of Section 112.061, Florida Statutes; and WHEREAS, the City Council finds that it is in the best interests of the City to establish its own per diem and travel policy pursuant to Florida law; 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. Section 2. Code Adoption. The City Council for the City of Cape Canaveral, hereby adopts a new per diem and travel policy as follows: (underlined type indicates additions and strilfeett type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set City of Cape Canaveral Ordinance 38-2003 Page 1 of 7 forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 2. ADMINISTRATION ARTICLE VII. TRAVEL REIMBURSEMENT POLICIES AND PROCEDURES Sec. 2-300. Reimbursement policy and procedures for official travel. (q) Purpose. It is the intent of this section to regulate official travel expenses of City officers, employees, and other authorized persons, as defined in Section 166.021(10), Florida Statutes. It is also the intent of this section that the provisions of Section 112.061, Florida Statutes, pertaining to municipalities, and any amendments, additions, or modifications to such provisions, shall be incorporated herein by reference, to the extent this section does not address a subject matter that is addressed in Section 112.061, Florida Statutes, and that the provisions contained in this section shall be supplemental and in addition to the provisions of Section 112.061, Florida Statutes. In the event of any conflict between this section and Section 112.061, Florida Statutes, this section, in accordance with Section 166.021(10), shall prevail. (b) Definitions. For purposes of this Administrative Ordinance, the following terms shall have the meanings indicated: W 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). 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. JD Authorized Person. 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 tal A person who is called upon the City to contribute time and services as consultant or adviser. Traveler. A Public Officer, Public Employee, or Authorized Person, when performing authorized travel. City of Cape Canaveral Ordinance 38-2003 Page 2 of 7 Travel Expense. The usual, ordinary and incidental expenditures necessarily incurred by a Traveler. Common Carrier. Train, bus, commercial airline operating_ scheduled flights, or rental cars of an established rental car firm. oc Authority to Incur Travel Expenses. 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. Day trips may be authorized by the Department head without approval of the Cit Manager. 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. 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. Computation of Travel Time for Reimbursement. For purposes of reimbursement and methods of calculating fractional days of travel, the following principles are prescribed: W 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 (22) Travel Reimbursements. Reimbursements shall be made according to the following schedule: Meals for Class B and Class C shall be reimbursed for travel which: Q Begins before 6 am and extends beyond 8 am, $8.00 for Breakfast; or City of Cape Canaveral Ordinance 38-2003 Page 3 of 7 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. Meals for Class A travel shall be authorized up to a maximum of $36.00 per day in lieu of individual meal allowance rates. 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 Manama fM Receipts shall not be required for meals on authorized overnight travel. No traveler shall be reimbursed for meals gratuitously provided by another partk No traveler shall be reimbursed for meals when travel is confined to the city or immediate vicinity, except as authorized by the Ci . Manager. (G,) Reimbursement for overnight travel shall be for actual lodging expenses at the single occupancy rate, to be substantiated by paid receipts. LW Lodging will be reimbursed for out of county, multi -day activities. 0 No Sales Tax shall be reimbursable to any person, unless the city is also required by law to pay such tax. Items specifically disallowed for reimbursement purposes: Q Alcoholic Beverages; ii Entertainment; iii) Any expenses incurred by dependents; Civ) Attendance at political rallies; and Cy) Travel for the specific purpose of promoting the candidacy of an individual for public office. City of Cape Canaveral Ordinance 38-2003 Page 4 of 7 ,(K) Other reimbursable expenses: Q Toll charges; ii Taxi fares; iii Parking and storage fees; Civ) Fuel for City vehicle; (y) Common carrier transportation — when required. (must be approved by the City Manager); vi Valet parking — when necessary vii Convention registration fees; and viii Baggage handling at $.50 per bag up to $2.00 upon arrival and departure. (e) Transportation. In no circumstance shall the city vehicle be used for purposes other than authorized official travel. All travel must be a usually traveled route. The City Manager shall designate the most economical method of travel for each trip. All employees should utilize municipal vehicles when traveling on official business. This requirement insures adequate habili _ 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. Travel reservation for official travel on a common carrier shall be made through the City's purchasing division, or other group or individual designated ted 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. City of Cape Canaveral Ordinance 38-2003 Page 5 of 7 (f 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. W Standard Procedures. 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 Travel Advances. LAI 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. No travel advances will be made for Class C travel. Due to tax implications, reimbursement will be made to the employee in the pamoll following submission of approved expense report. 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 repaving 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. 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. City of Cape Canaveral Ordinance 38-2003 Page 6 of 7 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. 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 City of Cape Canaveral Ordinance 38-2003 Page 7 of 7 Meeting Type: Regular Meeting Date 10-07-03 AGENDA Heading Discussion Item 19 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PROPOSED AMENDMENTS TO THE TICO AIRPORT AUTHORITY CHARTER DEPT./DIVISION: LEGISLATIVE Requested Action: County Commissioner Ron Pritchard is seeking feedback from City Council on the proposed charter amendments to the TICO Airport Authority. Summary Explanation & Background: See attached correspondence and proposed amendments. Please advise. Exhibits Attached: Commissioner Pritchard's letter dated 09-15-03 City Manag ffice Department LEGISLATIVE my a«�..........;i....... cape -n BREVAR BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST RON PRITCHARD, D.P.A., Commissioner, District 2 Telephone: (321) 455-1334 2575 N. Courtenay Parkway, Suite 200 Fax: (321) 455-1333 Merritt Island, FL 32953 ron.pritchard@brevardcounty.us September 15, 2003 Hon. Rocky Randels Mayor — City of Cape Canaverai P.O. Box 326 Cape Canaveral, Florida 32920 Dear Rocky: At its September 30th Commission Meeting, the Board of County Commissioners will review its 2004 Legislative Requests to be presented to the Brevard Legislative Delegation October 8, 2003. As you may remember earlier this year, the Board objected to the passage of the Delegation's local bill HB1217, (a re -write of the TICO Airport Authority law) because as a dependent special district there was no public hearing before the Board of County Commissioners. Additionally, the Board requested that I contact the cities of Cape Canaveral, Cocoa, Cocoa Beach and Rockledge for input on my proposed changes to the TICO Airport Authority as well as any other comments you might have during the re -write of the law. Initially I felt we had sufficient time to complete the re -write because codification was not state - required until December of 2004. Although the Governor agreed with the County pursuant to its dependent district questions, he signed the local bill into law on the last day. My objections to Section 5 of the bill stemmed from the fact that the Authority's membership had not been re -addressed with redistricting in light of the fact that the Authority collects Y2 mill on all taxable real and personal property within the geographic limits of the District. I requested that the membership include one pilot and tenant at one of the airports within the District. Presently, none of the seven -member board members are tenants or active pilots from the airports. The airports' tenants provide 65% of the revenue (350 tenants) but have no voice in its operation or funding allocations. I have recently learned that there has been little or no increase in large aircraft, and the majority of take -offs and landings are by helicopters. In addition, other than for "political" reasons, the District 2 Includes: Cocoa • Kennedy Space Center • Merritt Island - Port Canaveral • Cape Canaveral - Avon by the Sea . Cocoa Beach - Snug Harbor • Patrick AFB PRINTED ON RECYCLED PAPER Hon. Rocky Randels Mayor, City of Cape Canaveral membership should not be restricted to those residing in certain cities but should be open to anyone, anywhere in the District with the exception of the new appointee from the city of Titusville in the re -write (Section 5, lines 151-152). The issue with the trimming of trees in the Enchanted Forest has been resolved by the City of Titusville. The proposed amendments are below: Section 5 lines 142-168, and Section 6 (k) line 250 that corrects a scrivener's error. Thank you for your consideration of these pro osed amendments. I look forward to hearing from you prior to the September 30 h County Commission Meeting. Sincerely, Ron Pritchard, D.P.A. County Commissioner District 2 cc: Board of County Commissioners Tom Jenkins, County Manager Scott Knox, County Attorney Carol Laymance, Legislative Delegation Coordinator PROPOSED AMENDMENTS Section 5 Section 5. The governing Authority of said Titusville - Cocoa Airport District shall be known as the Titusville -Cocoa Airport Authority; and said Titusville -Cocoa Airport Authority shall constitute a body politic and a body corporate; it shall have perpetual existence. The Authority shall consist of seven members, one of whom shall be appointed by the County Commissioner for District One, who shall reside within the boundaries of the Titusville -Cocoa Airport District but not within the city limits of Titusville; one shall be appointed by the City of Titusville and shall reside within the city limits of Titusville; two shall be 14 Hon. Rocky Randels Mayor, City of Cape Canaveral appointed by the County Commissioner for District Two, both of whom shall reside within the boundaries of the Titusville -Cocoa Airport District and at least ene � h m shall Feside tithe- , and � �., u � �., ra �z-v,-r�-Fi,- `n��-rel ; two of whom shall be appointed by the County Commissioner for District Four, both of whom shall reside within the boundaries of the Titusville -Cocoa Airport District; and at least ene ef whem shall Feside eitheF within the City ef Geeea, ; and one of whom shall be appointed jointly by the County Commissioners for Districts One, Two, and Four and such appointee shall reside within the Titusville -Cocoa Airport District. This appointee shall be a pilot and tenant at one of the airports within the Titusville -Cocoa Airport n District The eines within The terms of each appointment shall be for a period of 3 2 years. Section 6 (k) Line 250 ...... shall he be payable... 3