Loading...
HomeMy WebLinkAboutPacket 10-21-2003City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I Polk Avenue, Cape Canaveral, Florida TUESDAY October 21, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: City Council Regular Meeting Minutes of October 7, 2003. 2. Resolution No. 2003-40; Reappointing Regular Members to the Beautification Board. (L. Nicholas, M.J. Laws, M. Carroll and P. Collins) 3. Resolution No. 2003-41; Reappointing an Alternate Member to the Board of Adjustment. (P. Collins) 4. Canceling the Tuesday, November 4th City Council Meeting Due to the General Election and Scheduling a Special Meeting to Certify the Election Results on November 6, 2003. ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 34-2003; Amending Code Section 110-469; Providing for Visibility at Intersections. 6. Motion to Adopt: Ordinance No. 35-2003; Amending Chapter 110, Relating to Site Plan Review, Providing for Appeal to the City Council. 7. Motion to Adopt: Ordinance No. 36-2003; Relating to Distance Separation Between Establishments which Dispense, Sell, Serve, Store or Permit 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, Florida City Council Regular Meeting October 21, 2003 Page 2 Consumption on Premises of Alcoholic Beverages and Between Such Establishments and Churches, Schools, and Playgrounds. 8. Motion to Adopt: 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. 9. Motion to Adopt: Ordinance No. 38-2003; Relating to the Reimbursement Policies and Procedures for Official Travel. ORDINANCES: First Public Hearing: 10. Motion to Approve: Ordinance No. 27-2003; Vested Rights, at first reading. 11. Motion to Approve: Ordinance No. 39-2003; Amending Section 22-46, Providing for Appeal to the City Council, at first reading. 12. Motion to Approve: Ordinance No. 40-2003; Adopting Amendments to the Annual General fund, Sewer Enterprise Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending September 30, 2003, at first reading. DISCUSSION: 13. Interlocal Agreement to Fund a Feasibility Study for a Regional Biosolids Treatment Facility. 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 taw. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City CierWs office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date 10-21-03 AGENDA Heading Consent Item 2 hTo. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2003-40, REAPPOINTING REGULAR MEMBERS TO THE BEAUTIFICATION BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the reappointment of Leo Nicholas, Mary Jo Laws, Martha. Carroll and Paula. Collins as regular members to the Beautification Board. Summary Explanation & Background: Their terms will expire on 11-01-06. Please advise. Exhibits Attached: Resolution No. 200340 Office Department LEGISLATIVE LCitya j.�v+.+r•.. u.++a.+,as u,vuaa..11�Y1(CCS.111th%LVVJ\1V—L4—VJ\LUVJ-9VrGOC RESOLUTION NO. 2003-40 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING FOUR REGULAR MEMBERS TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-181 established the Beautification 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 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. Leo Nicholas, Mary Jo Laws, Martha Carroll and Paula Collins are hereby reappointed as regular members of the Beautification Board of the City of Cape Canaveral, Florida, with terms to expire on November 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 21st 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:lcitokVeWutionslbawftVeappointmentslbeautification 11-2003.doc City of Cape Canaveral CITY OF CAFE CANAVERAL October 2, 2003 Leo Nicholas P.O. Box 582 Cape Canaveral, FL 32920 Dear Mr. Nicholas: Your term on the Beautification Board expires on November 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 21, 2003. Thank you. L9'I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. �- (Signature) Beautification Board, Chairperson 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 October 2, 2003 Mary Jo Laws 232 Circle Drive Cape Canaveral, FL 32920 Dear Ms. Laws: Your term on the Beautification Board expires on November 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 21, 2003. Thank you. ❑ 1 DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Beautification Board, Vice Chairperson 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 Martha Carroll 112 Washington Cape Canaveral, FL 32920 Your term on the Beautification Board expires on November 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 21, 2003. Thank you. ❑ 1 DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Beautification Board, Regular 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: ccapecanaveralOcfl.rr.com 8708 Bay Court Cape Canaveral, FL 32920 Dear Ms. Collins: of Cape Canaveral Your term on the Beautification Board expires on November 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 21, 2003. Thank you. 4 1 DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. A46'__ �-- (Signature) Beautification Board, Regular 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 10-21-03 AGENDA Heading Consent ►tem 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-41, REAPPOINTING ONE ALTERNATE MEMBER TO THE BOARD OF ADJUSTMENT DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the reappointment of Paula. Collins as an alternate member of the Board of Adjustment. Summary Explanation & Background: Term will expire on 10-01-0b. Mrs. Collins was inadvertently appointed as a regular member at the 10-07-03 meeting. I recommend approval. Exhibits Attached: Resolution. No. 200341 City Man errs Office Department LEGISLATIVE n,.m%wy vcuu�gyaxnomin\council\meeting\2003\10-11-03\10o3-91.doc RESOLUTION NO. 2003-41 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING ONE ALTERNATE MEMBER 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 an Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, • 57-17 SgCTION 1. Paula Collins is hereby reappointed as an Alternate member 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 21st day of October 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randeis Richard Treverton APPROVED AS TO FORM: Anthony Garganese, City Attorney \\Cape-nt\cityclerk\CityClk\Resolutions\BOARDSNReappointments\Board of Adjustment Alt_2003.doc Cape Canaveral, FL 32920 Dear Ms. Collins: of Cape Canaveral RECEIVED Fl��SEP rr� V (r ILL 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. I DO wish to be considered for reappointment. ❑ I O NOT 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 www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date 10-21-03 AGENDA Heading Consent item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: CANCELLATION OF THE TUESDAY, NOVEMBER 4, 2003 MEETING DUE TO THE ELECTION AND SCHEDULING A MEETING TO CERTIFY THE ELECTION RESULTS ON 11-06-03 DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider canceling the Tuesday, 11 -04-03 regular meeting due to the election. Schedule a special meeting on 11-06-03 at S p.m to certify the election results. r Summary Explanation & Background: The certification of the election results is a charter provision. Please advise. Exhibits Attached: Charter provision City Man Office Department LEGISLATIVE c im\tnyd ume n\council\meeting\2003\10-21-03\cancel.doc NextPage LivePublish Sec. 9. Voting hours and results. Page 1 of 1 The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the Clerk and the majority of the Election Board, one copy to be delivered to the Mayor and the other to the City Clerk, both of whom shall transmit such returns to the City Council at a meeting to be held not later than three days after such elections. At such meeting, the City Council shall canvass such returns, and in the absence of a declaration of a contest, by any of the candidates in such election, shall declare the result of the election as shown by the returns made by Clerk and the Election Board for said election. A tie between two or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Editor's note: The reference to hours in which the polls are open has been editorially deleted as superseded by state law. State law references: Poll hours established, F.S. § 98.041. http: //livepubli sh. municode. com/4/lpext. dll/lnfobase4/ 1 /44/ 16f/ 182?fn=document-frame.... 10/14/2003 Meeting Type: Regular Meeting Date 10-21-03 EPORT AGENDA Heading Ordinances -2"d Reading Item 5 No. City Attorney's memo; Ordinance No. 34-2003 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 the adoption of Ordinance No. 34-2003, amending Section 110-469 providing for visibility at intersections as recommended by the Planning & Zoning Board. Summary Explanation & Background: This ordinance clarifies Code Section 110-469 and the recommended changes from the 10-07-03 City Council meeting - Exhibits Attached: City Attorney's memo; Ordinance No. 34-2003 City Ma r Office Department GROWTH MGMT/P&Z U"cCP.lillj \GV V 3 \1V -G1 -U3 \34-LUV3. a0C Sent By: BROWN,SALZMAN,WEISS&GAROANESE; 407 425 9596; Oct -9-03 4:51PM; Page 2/2 BROWN, SALZMAN, WEISS & GA.RGANESF., P.A. A11arngs as Law usher L. Brown' Suzarme D-Agresta,, Anthony A. Gargarim', Gary S. Salzman - John H. Ward ' Jeffrey S. Weiss •Boa►d Certified Civil T601 Lawyer 'Board Certieed Business U1lyalion lawyer OSMrd Certified City, County d, Local Gavenuner►t Law Officrs in Orlando, l<issunmcc, Cocoa h N'iern Debra S. Hath-Nutcher Jeffrey P. Huak" John U. B"*nharn. Jr, Joseph E. Butch Douglas Larnhwt Katherine Latorre Jennifer A. AA &ml MChelle A. Reddin October 9, 2003 Erin J. 01-eiq a COuR3Oi Letter WA FOCSilrgllo 371. 56.1 2g Ordinance via E -Mail ph i cfi c Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance-Visibii ty Al Intersections City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett Please find enclosed herewith for your review a revised Ordinance No. 34-2003, regarding visibility at intersections. We believe this revised ordinance meets the conditions provided by the City Council at its October 7, 2003 meeting. If this ordinance meets with your approval, please place this matter on the next available City Council agenda for 2nd reading and public hearing. If you have any questions regarding this matter please do not hesitate to contact our offices. very truly yours, Je f y P, Buak Assistant City Attorney JPB/jdw Enclosures; Ordinance No. 34-2003 I'Aboaslcny of Capt! CanavrgytCarnraipnd yrouaMrlVk 1b4iy_inler**tthm.-ofd t tr160Y0s,wpd 225 East Robinson treat. Suito Be0 • P.O. 2673.Orlando, Florida 32802-2873 Orlando (407) 425.05136 Fax (407)4n9526- Khairmrlee (321) 402-0144 ' Cocoa d Viers (BM) 425-95M wcbaits; www.orisndWaw.W - Em"! flOnGonandolaw.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 str-ikeeut 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 City of Cape Canaveral Ordinance No. 34-2003 Sec. 110469. Visibility at intersections. On a corner lot in any zoning district, nothing, with the V a eept on f tfa e signs, utility poles AVV 41V11 and open ,.i,ai link or- • ire f neer, shall be erected; or placed, be�ween a height of 2 ' in the triangular area bounded on two sides by the street right-of-way lines and on the third side 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.. ("site visibility triangle"), except traffic signs utility poles and infrastructure sidewalks and ground cover landscaping (e.g. grassvery small shrubs), Ground cover landscaping shall not exceed one and one-half (I %) feet in height at and after planting. As provided above, trees shall not be planted within the site visibilitv triangle. Anv tree existing within this triangular area, as of the effective date of this ordinance shall be allowed to remain provided the same is trimmed and maintained such that no part of the tree canopy is lower than ten (10) feet in height, measured from the point located on the street right -of- wav line nearest the tree. As provided above, fencing shall not be erected or placed within the site visibilitv trianele. Any chainlink, wire, or split -rail fencing which lawfully existed as of the effective date of this ordinance, shall be allowed to remain provided the same is maintained clear of vegetation or other opaque material. Any lawfully existing fence shall be removed from the site visibilitytrian le at the time of permitting any new fencing upon the property. 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 maybe 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 City of Cape Canaveral Ordinance No. 34-2003 2 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 City of Cape Canaveral Ordinance No. 34-2003 3 Meeting Type: Regular Meeting Date 10-21-03 AGENDA Heading Ordinances -2nd Reading Item Currently, the Planning & Zoning Board, acting as a quasi-judicial board, has final site plan determination authority. 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 DEPTJDIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider adoption of 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 meeting unanimously agreed the proposed ordinance be denied (see attached memo). I recommend approval (see attached memo). Exhibits Attached: City Attorney's memo dated 09-12-03; P&Z Memo dated 09-16-03; Ordinance No. 35-2003; City Manager's memo dated 10-13-03 City Manager's Office Department GROWTH MGMT/P&Z cape-nt\kim\mydocuments\admin\council\meeting\2003\10-21-03\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-ca pe(&cfl. rr. com Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 v gib - ois,- DISTRIBUTION Mayor--- c�cy cou;t�i� City Ngr. City Atty. ?11� `.'�ca s Cir. _ iSuil,ir� C)it. i .nance Dit. 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. Bledenharn, 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.orlandolaw.net • Email: firm@ortandolaw.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 F:Tocs\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 From: Bea McNeely, Chairperson, Planning & Zoning Board 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 stfikeou 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 1 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, mayapprove, approve with conditions, or deny the application based upon the site plans compliance with the City's Code and Comprehensive Plan. All decisions of the planning and zoning board are final, subject to the right of appeal to the City Council provided below. (g) If the planning and zoning board elects to grant conditional approval of a site plan, 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 certifies, 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. NQi 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 (1) 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. WAMMMMMM IMPOW City of Cape Canaveral Ordinance No. 35-2003 2 meeting immediately fellewing the on E)f the a`' period, the appheatien xit be deemed withdfawn-and -the -plied-shall begin the -appheatienpreee--anew; ifieludingpayment of anetheappheation 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 appeal as provided below. See. 110-223.5. Appeal. Any person(s) or the City aggrieved the decision of the planning and zoning board to the cijy council in accordance with the followinR Drocedures. The filing of an appeal stays the action of the planning and zoning board until a decision by the city council is rendered (q) The applicant may, not later than ten (10) calendar days after receiving notice of final action by the board relating to 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 thi 30 days from the date the written request for an appeal is received b the clerk The applicant shall be provided notice of the city council hearing at least seven (7)days prior to the council hearing_ Oc The city council shall hear and consider evidence offered by any interested person to determine whether the planning and zoningboard properly denied an application for site plan approval in accordance with the City Code and City Comprehensive Plan The formal rules of evidence do not apply. (dJ The city council shall grant or deny the appeal by majority 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 (e) 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 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 35-2003 3 Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ROCKY RANDELS, Mayor For Against Bob Hoog ATTEST: Jim Morgan Buzz Pestos Rocky Randels SUSAN STILLS, City Clerk 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 No. 35-2003 4 Memo To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From: BENNETT C. BOUCHER, CITY MANAGER Date: 10/15/2003 Re: SITE PLAN APPEAL ORDINANCE This proposed ordinance establishes a site plan appeal procedure due to the provisions in Section 110-2223(8), all decisions of the Planning and Zoning Board are final, subject to the right of appeal to the City Council. The conditions of a site plan appeal are outlined in Section 110-223.5: A request for appeal must be received within (10) days of notice of the P8Z Board's action to the applicant. The City Council hears the appeal and makes a determination on the appeal within (30) days. The City Council shall grant or deny the appeal by majority vote. Failure to reach a majority vote will result in denial of the appeal. The decision of City Council is final. The proposed ordinance empowers the Planning and Zoning Board with final site plan approval, subject to appeal to City Council if a site plan were disapproved. This is a tool that would enable interested parties time to review the record, comprehensive plan, land development regulations and any new evidence as part of an appeal. It is prudent business practice to have a site plan appeal process, and I recommend adoption of this ordinance. 0 Page 1 Meeting Type: Regular Meeting Date 10-21-03 EPORT AGENDA Hag Ordinances -2nd Reading Item 7 No. distance from property line of an alcoholic beverage establishment and the property line of the church, school or 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./DMSION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider adoption of 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 ordinance 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 Managms Office Department GROWTH MGMT/P&Z cape- m\mydo a \council ing\2003\10-21-03\36-2003.doc 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 str-ikeaut 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 Pagel 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. Measurement shall beide fiem the main entr-anee of the establishment to the elesest lot line of the ehur-eh, seheelgr-ounds or- playgr-eun by- following the -sheftest r-eute-te or -di pedestfian t avel-aloes-the pu ther-oughfare, street or- read- 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 or playground. (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 shat ae measured ii a s-iaightline, -without egard te- intervening -stmetafes, ffem the elesest exterior tf et ' ll t, + bl '' + The distance shall be VV�U� VAILllVl Jll � 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 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 ey P. Buak 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 Meeting Type: Regular Meeting Date 10-21-03 EPORT AGENDA Heading Ordinances -2°d Reading Item g No. This ordinance protects the (17) beach -end parking areas and provides a procedure to obtain a variance with a CITY COUNCIL 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 adoption of 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 Explanation & Background: The Planning & Zoning Board recommended this proposed ordinance by a vote of 3-2 at their 09-2403 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 Man ffice Department GROWTH MGMT/P&Z cape- m\mydoC eats council\mee7ng\2 03\10-21-03\37-2003.doc 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 Parkine. 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 Taylor 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: (11) 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_ If by operation of this section ingress and egress to the property is denied the property owner may apply for a variance under this Chapter. 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. (41 For any multiple 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. 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 No. 37-2003 Page 4 of 4 Meeting Type: Regular Meeting Date 10-21-03 SPORT AGENDA H— in Ordinances -2"d Reading Item 9 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 38-2003, TRAVEL AND PER DIEM POLICY DEPTJDIVISION: LEGISLATIVE Requested Action: City Council consider adoption of Ordinance No. 382003, travel and per diem policy. Summary Explapation & Background: Staff held several meetings to review travel policies from other communities in our area and after considerable review, staff is recorunending the adoption of this ordinance. I recommend approval. Exhibits Attached: Ordinance No. 38-2003 City M ge s Office Department LEGISLATIVE c kim\m docume in\council\meeting\2003\10-21-03\38-2003 doc 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 stfikeout 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. (aa,) 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. (D 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 AAperson 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. Lc) 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 CitManager or a Public Officer must be approved by the City Council. Day trips may be authorized by the Department head without approval of the City 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. U 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 rips when the Traveler is not away from the City overnice Travel Reimbursements. Reimbursements shall be made according to the following schedule: LAI Meals for Class B and Class C shall be reimbursed for travel which: 0 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 Manager. Receipts shall not be required for meals on authorized overnight travel No traveler shall be reimbursed for meals gratuitously provided by another party. No traveler shall be reimbursed for meals when travel is confined to the city or immediate vicinity, except as authorized by the City Manager. Reimbursement for overnight travel shall be for actual lodging expenses at the single occupancy rate to be substantiated by paid receipts Lodging will be reimbursed for out of county, multi -day activities. (I,) No Sales Tax shall be reimbursable to any person unless the city is also required by law to pay such tax. M Items specifically disallowed for reimbursement purposes: Alcoholic Beverages; ii Entertainment; iii) Any expenses incurred by dependents; Civ) Attendance at political rallies; and Uva 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 Other reimbursable expenses: Toll charges; ii Taxi fares; Lifil Parking and storage fees; Li 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. Lej Transportation. �1 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 liability coverage in the event of an accident or injury. In those instances when a City vehicle is not available and with the prior approval of the Department Head and the City Manager, the use of privately owned vehicles may be authorized. Whenever travel is by privately owned vehicles, the traveler shall be entitled to a mileage reimbursement at the "standard mileage rate." The standard mileage rate is set annually by the Internal Revenue Service. All mileage shall be from point of origin to point of destination. Travel reservation for official travel on a common carrier shall be made throuih the City's purchasing division, or other group or individual designated by the City Manager to coordinate travel reservations. The purchasing division shall insure that travel is cost-effective and pursuant to all procurement procedures adopted by the City. 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 averaize rate currently received on investments and may be subject to termination or disciplinary action as provided by the City Charter, personnel policy r 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. Q Travel Advances. 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 payroll following submission of approved expense report. n 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 repajing 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 trite. 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 10-21-03 AGENDA Heading Ordinances -I' Reading Item 10 No. 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 at first reading 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: .4 The proposed ordinance would establish a new code section within the land development regulations to provide for an orderly prdcedure 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 strongly recommend approval. Exhibits Attached: City Attorney's memo dated 08-28-03 and 10-14-03; Ordinance No. 27-2003; City Manager's memos dated 09-17- 03 and 10-13-03 City Mana ' ce Department GROWTH MGMT/PUBLIC SAFETY pe-nt\kim\mydoc eat c uncil\meet \2003\10-21-03\27-2003.doc Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Oct -14-03 11:26AM; Page 2/3 BROWN, SALZMAN, WEISS & GARGAN}?SE, P.A. Attorneys at I_aty Usher L. Broom' Office. in Orlando, Ksmume, Debra S. Babb-Nutcher Suzanne D'Agresta° ('ncoa & Vicra Jeffrey P. Buak" Anthony A. Garganese° John U. Biedenharn, Jr. Gary S. Salzman* Joseph E. Much John H. Ward I Douglas Lambert Jeffrey S. Welss Katherine Latorre Jennifer A. Michael Michelle A Reddln 'Board Certified CNII Trial Lawyer 'Board Certified Business I.itg2fion Lawyer 'Board Certified City, County 8 Local Government Law October 14, 2003 Letter Via Facsimile & U.S. Mail 321-866-1224 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Revised Ordinance 27-2003 Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary Of Counsel Please find enclosed herein a revised Ordinance No. 27-2003 creating a new Chapter 115 of the City Code, relating to vested rights determinations. In this version of the ordinance, we have tried to simplify the language found in Sections 115-2, 115-3, and 115-5. The remaining sections were not changed as they appear clear and straight- forward. We believe this ordinance is ready to go back to the City Council for first reading at its next meeting. Also, enclosed herewith is a proposed application which may be used by the City in accordance with this Ordinance. Finally, we have taken the liberty of preparing a very general flow -chart, which should assist the Council with understanding the review process. If you feel this tool will be helpful please include it with the package to the Council. 225 East Robinson Street, Suite 660 • P.O. Box 2673 • Orlando, Florida 32802-2873 Orlando (407) 425-8566 Fax (407) 425-8596 - Kissimnwte (321) 402-W44 - COM & viera (866) 425-9566 Website: www.orlartdolaw.net # Emall: firmQorlandd2w,08t Sent By: BROWN,SALZMAN,WEISS&GARGANESE; 407 425 9596; Oct -14.03 11:27AM; Bennett Boucher, City Manager October 14, 2003 Page 2 If you have any questions please do not hesitate to call our offices. Very truly yours, Je rey P. Buak JPB/jdw Enclosures: (Via e-mail only) Ordinance Application Flow Chart F:1Docs%City of Cape CaneverapConaspondonc•%B•nrw t_ ooted_Rights.wpd Page 3/3 BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lain 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 Erin J. O'Leary =Board Certified City, County & Local Government Law August 28, 2003 Of Counsel Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance 27-2003, Vested Rights City of Cape Canaveral / Our File No.: 513-001 Dear Bennett: Enclosed is the revised Vested Rights ordinance. The Planning and Zoning Board, at its August 27, 2003 meeting, did not recommend the adoption of the ordinance by a 3-2 vote. One member did bring up a good idea, however, that the procedure be given its own chapter in the Code because its application extends beyond the Zoning Code. Therefore, I renumbered the ordinance sections to create a new Chapter 115 of the Code. So that you know, I did find the Board's vote a little puzzling because a majority of the members seemed to like the proposed procedure. They did not, however, like the definition of "structure." Some members felt the definition should be the same as the Zoning Code definition of "structure." I advised the Board that the definition for a structure in the proposed ordinance is more suitable in the context of vested rights. In fact, the proposed definition is substantially the same as the definition in the DRI statute, which also has a vested rights provision. In any event, I am recommending that the City Council approve Ordinance No. 27-2003, despite the negative recommendation of the Planning and Zoning Board. Please schedule the Ordinance for first reading as soon as possible. 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@oriandolaw.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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the doctrine of vested rights limits local governments in the exercise of their zoning powers when a property owner relying in good faith upon some act or omission of the government has substantially changed position or incurred such excessive obligations and expenses that it would be highly inequitable and unjust to destroy the rights that the owner has acquired. City of Key West v. R.L.J.S. Corp., 537 So.2d 641 (Fla. 3rd 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 Sec. 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. Q City Council shall mean the City Council of the City of Cape Canaveral. Florida City Manager shall mean the City Manager for the City of Cape Canaveral. Florida. (44) 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. X51 Construction shall mean the introduction and use at the Development site of both labor and materials in the assembly and erection of the Structures or infrastructure associated with the particular Development. Such Construction shall be performed in a manner consistent with the City Code and the development permits which have been issued by the city. Construction typically means more than mere clearing=grubbing, grading, and staking the Development site and includes Good Faith efforts on the part of the landowner to proceed under, not merely to prolong the effectiveness of, the Development order or permit or approval in question. Development shall mean the carrying out of 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 2of10 Development Order shall mean any 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 ou hg t 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. 10 Parcel of land shall mean any quantity of Land capable of being described with such definiteness that its location and boundaries may be established which is designated by its owner or developer as Land to be used or developed as a unit or which has been used or developed as a unit. 11 Party shall mean: a. A specifically named Person whose substantial interests are being determined in a vested rights proceedin& b. Any other Person who is entitled to participate in the vested rights determination because the Person's substantial interests may be affected by the determination, and who makes an appearance before the Citv 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, trust, association, two (2) or more persons havingjoint or common interest, or any other legal entity. 13 Structure shall mean anything constructed, installed or portable, the use of which requires a location on a Parcel of land. It includes a movable Structure while it is located on Land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. "Structure" also includes fences, billboards, swimming_ pools, poles, pipelines, transmission City of Cape Canaveral Ordinance 27-2003 Page 3 of 10 lines, tracks, and advertising signs. 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. Possession of a vested rights permit shall enable a permit holder to complete the Development approved under such permit, 0 to and through issuance of appropriate certificates of occupancy. This right to continue the Development is subject 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. U 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 Q The applicant's reliance was reasonable and in Good Faith; and It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired b t�pplicant by means of the City's act or omission. The criteria set forth above shall not be deemed an exclusive statement of the grounds for determining that the right to develop or to continue the development of property exists. The City may also consider applicable statutory and case law legal authority. City of Cape Canaveral Ordinance 27-2003 Page 4 of 10 The purchase of property in reliance on then existingzoning is not by itself sufficient to vest the purchaser's right to develop in accordance with said zoning. (c) The following are not considered Development expenditures or obligations, as contemplated by sub -section (a)(l) above, which would be sufficient for the vesting of development rights, unless the applicant was unable to obtain further approvals because of extraordinary delays beyond the applicant's control: Expenditures for legal and other professional services that are not related to the design or Construction of improvements; (22) Taxes paid; or (D Expenditures for initial acquisition of the Land. These expenditures may, however, be considered in conjunction with other expenditures or obligations incurred by an applicant to demonstrate reliance upon an act or omission of the City. Sec. 115-6. Permit expiration; substantial deviations, etc. La) The purpose of this Article is only to specify the circumstances under which a Person may undertake or continue the Development of Land despite the inconsistency of the Development with the City's Comprehensive Plan and land development regulations. Nothing in this Article shall act to create rights that otherwise do not exist. Therefore, upon the expiration of any Development Order or permit or approval that serves as the predicate for the property owner's right under this Article to develop, the rights ,granted under the Article shall likewise expire. Also, if any application for a permit or other approval is denied, or if the application is granted but the permit or approval later expires for lack of Construction or otherwise, and if the submission of the application serves as the predicate for the rights granted under this Article, then the rights granted hereunder shall also expire. 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 permit or approval or binding letter of vested rights pertainingto o the particular Development. (cj 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. City of Cape Canaveral Ordinance 27-2003 Page 5 of 10 (aa) Filing of Application. Any who believes they are entitled to a vested rights permit for a particular Development shall complete, execute, and file an application for a vested rights permit with the City Manager, in accordance with this section. 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) dys 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 concurrency requirements of the Comprehensive Plan; (22) Receipt of notice of a proposed rezoning or future land use map amendment initiated by the City for that Property. Lc,) Contents of application. The application shall be contain at a minimum. The name of property owner, (22) The address of property owner; M The telephone number of property owner; The project name, if applicable; The street address of property, if known, The legal description for the property; A statement providing the factual basis upon which the application is brought and the legal basis upon which the 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 attorney; All supporting information, including Development Orders and permits, contracts. letters, appraisals, reports, or any other documents, items or things upon which the application is based; A list of the names, addresses, and telephone numbers of any witnesses whom the applicant shall present in support of the application and a summary of the testimony City of Cape Canaveral Ordinance 27-2003 Page 6 of 10 of each witness; and 10 Any other information reasonably required by the City Manager or City Attorney. An incomplete or insufficient application shall be returned to the applicant for additional information. Ldd) Certification by and continuing obligation of applicant. The signature of the applicant, or any gent or attorney for the applicant, upon the application shall be required and constitute a certification that the Person signing the application has read the application and relevant supporting information and that to the best of the Person's knowledge and belief the same is true and correct. Until the proceedings to grant or deny the application are final (including the time during which judicial appeals are pending), the applicant shall have a continuing obligation to correct any statement or representation found to have been incorrect when made or which becomes incorrect by virtue of changed circumstances. Sec. 115-8. Review and recommendation by City Attorney. (a) To facilitate the City Council's review of a vested rights application, the City Attome 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. Unless additional time is granted by the City Council, the City Attorney shall prepare a preliminary non-binding report within forty-five (45) calendar days after receipt of a complete and sufficient application. The report shall be supported by written findings of fact and conclusions of law based on the information and evidence furnished at the application stage. Cc) The City Attorney shall submit the report to the City Council. A copy of such report shall be provided to the applicant and the City Manager. Upon receipt of the City Attorney's report, the Cijy Manager shall schedule a public hearing before the City Council regardingthe he application for vested rights. Sec. 115-9. Supplemental Evidence. Within seven (7) calendar days after receipt of the written report by the City Attorney, the City of Cape Canaveral Ordinance 27-2003 Page 7 of 10 applicant may supplement the information contained in their application. Sec. 115-10. Vested Rights Agreements. Nothing contained in this Article shall prohibit the City Council from entering into a vested rights agreement with a Party for purposes of resolving any claim for vested rights. Sec. 115-11. Public Hearing. U The City Manager shall schedule a public hearing before the City Council to be held within thirty (30) days of the City Manager's receipt of either (i) the written report by the City Attorney; or (ii) a proposed vested rights agreement. All hearings shall be open to the public and shall be advertised in a newspaper ofeg neral circulation not less than ten (10) days prior to the date of the hearing_ U The parties before the City Council shall be the applicant, the applicant's witnesses, if any, city staff, interested members of the public, if any, and witnesses of the interested members of the public, if any. Any interested member of the public who participates at the hearing shall leave his or her name and mailing address with the city clerk. Testimony and evidence shall be limited to matters directly relating to the application and Development. Irrelevant, immaterial or unduly repetitious testimony or evidence may be excluded. Le) The applicant shall have the burden of coming forward with the evidence and the burden of proof. The decision of the City Council shall be based on competent substantial evidence. (f) Minimum due process procedures shall apply including notice, an opportunity to be heard in person or by counsel, and the right to cross-examine witnesses. Cross examination shall be confined as closely as possible to the scope of direct testimony. The City Council reserves the right to call and question witnesses or request additional evidence as they deem necessary and appropriate. 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 City of Cape Canaveral Ordinance 27-2003 Page 8 of 10 applies. It may contain reasonable conditions necessary to effect the purposes of this Article. The decision shall be filed with the City Manager and a copy provided to the applicant by certified mail, return receipt requested. Sec. 115-12. Issuance vested rip-hts permit. If the application for a vested rights permit is granted, the City Manager shall issue a vested rights permit allowingthe he applicant to develop or continue to develop the vested development in question 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 aggrieved by a final decision of the City Council under this Article shall have the right to appeal the final decision to a court of competent 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 , 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 27-2003 Page 10 of 10 0 / w N-- ■ F *- e o °•- ƒƒ -I ° © a«{ \ ( § (kd 2$02 0 214 7 N-- ■ VESTED RIGHTS APPLICATION Property Owner: Property Owner Address: Project Name, if any: Subject Property Address: Legal Description Subject Property: (Attach separate sheet if necessary) State Factual Basis for Application: (Attach separate sheet if necessary) Telephone: (__) Is a memorandum of law attached by a licensed Florida Attorney? ❑ Yes ❑ No If Yes, please provide: Attorney Name: Attorney Address: Is supporting information upon which application is based attached? ❑ Yes ❑ No If Yes, please summarize the documents and information provided: Please provide the name, address, and telephone number of any witness you intend to present in support of the application. For each such witness attach a summary of the testimony to be provided. Name: I Address: I Telephone: Please add any other information you believe is reasonably required by the City Manager or City Attorney in reviewing this Application: I HEREBY CERTIFY the undersigned has read the application and relevant supporting information and that to my best knowledge and belief the same is true and correct. Further, I understand, in accordance with Section 115-7(d) of the City Code, I have an affirmative duty to correct any statement or representation contained herein when found to be incorrect or which becomes incorrect by virtue of changed circumstances. Print Name: Title: STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me the undersigned authority this day of , 20_, by , who ❑ is personally known to me or ❑ who provided as identification. Notary Public My Commission Expires: Memo TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From BENNETT C. BOUCHER, CITY MANAGER Deft 10/15/2003 R« SUMMARY OF PROPOSED ORDINANCE NO. 22-2003 RELATING TO VESTED RIGHTS This proposed ordinance provides for an orderly procedure for a property owner relying in good faith, upon some aft or omission of the City, to apply for a determination of vested rights. Section 115-5, Standards for Determining Vested Rights, sets forth the following: The applicant, in reliance upon valid, unexpired ac( of the City, has made a substantial change in position or has inc urreo extensive obligations or expenses. 2. The applicant's reliance was reasonable and in good faith. 3. It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant by means of the City's act or omission. Let me emphasize, this ordinance only pertains to "the act,. or gdssion of the Citi'. The application process for a determination of vested rights Section 115-7 is as follows: Filed with the city manager: Must be within (30) days if related to a denial of a development order based on an inconsistency with the comprehensive plan or land development regulation. Within (30) days of receipt of a proposed rezoning or future land use map amendment initiated by the City for that property. All other requests have no time limitation. 0 Page 1 Once a determination of vested rights application is submitted, pursuant to Section 115-8, the city attorney shall review said application and prepare a non-binding report to City Council within (45) days. The city manager shall schedule a public hearing upon receipt of the city attorney's report within (30) days. Section 115-11 public hearing: This section provides how the public hearing is to be conducted and guidance for introduction of testimony and evidence at the hearing. The City Council shall approve or deny in whole, or in part, the claims of the applicant. The City Council's decision shall contain findings of fact and conclusions of law. The proposed vested rights ordinance is a necessary tool the City must have to address an act or omission caused by the City. The City of Cocoa Beach has a similar ordinance (see attached) and other communities around the state enacted similar legislation. I strongly recommend City Council adopt a vested rights ordinance. BCB:kmm Attachment 0 Page 2 NextPage LivePublish Page 1 of 4 /)( Sec. 1.22. Vested rights special permit. (a) Application for vested rights special permit. Upon application and review, the city commission may grant, as a special permit, an exception to the otherwise applicable provisions of the city comprehensive plan or any land development regulations, except for any impact fees adopted by a local governing body. Said special permit shall specify the specific type, density, or intensity of development of a specifically described parcel of land or to any other person or legal entity. However, additional special permits may be issued to other persons of legal entities satisfying the requirements of this article. The special permit may be granted whenever the city commission find that the applicant has demonstrated that the applicant has a pre-existing vested right to commence or complete construction on a specific development. The special permit may be granted with or without conditions depending upon presented evidence. (b) Considerations for determination of vested rights. In determining whether a right to commence or complete construction of a specific type, density, or intensity of development has vested the following factors, as the evidence shall deem to be appropriate, shall be considered: (1) Whether there has been an act or omission to act by the city which would give rise to a vested right, the date of such act or omission, and the official position of the person responsible for the act or omission. (2) With reference to the act or omission to act referenced in subsection (b)(1) above, whether the city official acted or omitted to act within the course and scope of his personnel rank job duties, and official position. (3) Whether the applicant made a substantial change in position or has an investment -backed expectation, based upon an unexpired act, or omission to act, of the city including: a. The nature of the applicant's change in position or investment -backed expectation. b. Expenditure of money or obligation to expend funds. c. The amount of funds spent or obligated. d. Dates of expenditures or incurrence of the obligation, acts committed which represent a change in position, and dates thereof. (4) Good faith of the applicant in substantially changing its position, or the incurring of extensive obligations and expenses based upon the city's actions or omissions to act. (5) Any acts of the applicant (and the dates thereof) associated with physical improvements on the parcel of land in question such as grading, installation of utility infrastructure or public improvements, or any acts of the applicant (and the date thereof), including dedication of land to the city or any other governmental entity, payment of fees, or design fees for improvements to be constructed on the site. (6) The extent to which the applicant has secured building permits for, and commenced or completed, the construction of subdivision improvements and buildings upon part but not all of the development project that was contemplated to extend over a period of months or years. (7) Whether the applicant, prior to or on the date of the change in the comprehensive plan or land development regulation defeating the applicant's vested right became pending, has made contractual commitments to complete structures or deliver title thereto or occupancy thereof and the dates of and amounts of money involved in said commitment. (8) Whether prior to the date the comprehensive plan or land development regulation became pending, the applicant incurred financial obligations to a lending institution which the applicant will be unable to meet, and whether it would be inequitable and unjust to require the applicant to meet the new regulations, and therefore should be permitted to proceed with the previously permitted type, density, or intensity of development. (9) Whether enforcement of the terms of the currently effective comprehensive plan or any land development regulation, claimed to defeat the applicant's right to develop a parcel of land will expose the http://livepublish.municode.coml4llpext.dll/Infobase 17/ 1 / 1 bel/ 1 c5711 c60?f=templates&f... 10/13/2003 NextPage LivePublish Page 2 of 4 applicant to substantial monetary liability to third persons, or will leave the applicant completely unable, after thorough review of alternative solutions, to earn a reasonable return on his investment in the parcel of land. (10) Whether the applicant has a vested right to commence and complete only a portion of a proposed development on all or a portion of the applicant's parcel of land. (11) That the applicant owned an interest in the parcel of land proposed to be developed on the date of the change in the comprehensive plan or land development regulation and that the specific type, density, or intensity of development proposed for the parcel of land was lawful and permitted at that time. (12) Whether the applicant has continuously owned the parcel of land since the date of the change in the comprehensive plan or land development regulation until the date of the public hearing before the city council on the special permit application. (13) Whether requiring that the applicant's parcel of land be developed in accordance with the currently effective city comprehensive plan or city land development regulation restrictions will deprive the applicant of a reasonable rate of return on his investment or substantial change in position, or otherwise unjustly deprive the applicant of its vested rights. In determining the reasonableness of the projected rate of return, the following categories of expenditures shall not be included in the calculation of the applicant's investment: a. Expenditures for professional services that are unrelated to the design or construction of the improvements proposed for the type, density, or intensity of development claimed by the applicant to be vested. b. Expenditures for taxes, except for any increases in tax expenditures which result from issuance of development order which would not be contrary to the currently existing city comprehensive plan or relevant land development regulation. c. Expenditures which the applicant has allocated to the particular proposed development but which the applicant would have been obligated to incur as an ordinary and necessary business expense (for example, employees salaries, equipment rental, chattel mortgage payments) had the plan for the particular development not been formulated or a development order not been issued, for the type, density, or intensity of development now claimed by the applicant to be vested. (14) Any other information relevant to discerning the applicant's claim to vested rights to develop its parcel of land in a particular manner that may be pertinent under Florida or Federal law, including the existence of an imminent peril to the public, health, safety, welfare, economic property, general order, aesthetics, or appearance which should preclude approval of a vested rights special permit. (c) Vested rights. The right of the applicant to commence or complete construction of development of a type, density, or intensity of development, on the applicant's parcel of land, or a portion thereof, is vested, if the applicant can demonstrate to the satisfaction of the city by substantial, competent evidence that: (1) The currently effective city comprehensive plan or portion thereof, or a land development regulation, has a material and adverse effect upon the applicant's vested right to develop the subject parcel of land. (2) By application of the considerations set out in subsection (b) hereof the applicant in good faith upon some act or omission of the city has made such a substantial change in position or has an investment - backed expectation that would make it inequitable and unjust to destroy the right of the applicant to commence or complete a certain type, density, or intensity of development upon all or a portion of the applicant's parcel of land. (3) The fact that the parcel of land has been or is in a particular zoning or comprehensive planning land use district or classification under the currently effective, or any prior, city comprehensive plan or land development regulation, shall not, in and of itself, establish that an applicant's right to commence or complete construction of a certain type, density, or intensity of development has vested. If it is determined that there is imminent peril to the public health, safety, welfare, general order, economic prosperity, aesthetics, or appearance or that the public cost outweighs the applicant's vested right, the special permit may be denied. http://livepublish.municode.com/4llpext.dll/Infobase 17/ 1 / 1 bel/ 1 c571l c60?f=templates&f... 10/13/2003 NextPage LivePublish (d) Application. Page 3 of 4 (1) Any applicant may file an application for a special permit determining that the applicant's right to commence or complete a specific type, density, or intensity of development on a parcel of land has vested. Such application shall be filed with the city planning and zoning administrator and shall contain: a. A concise and complete recital of the facts, including dates of expenditures or obligation to expend funds, dollar amounts, the nature of expenditures or obligation to expend funds, and other factors which are claimed to support the claim to a vested right to commence or complete a specific type, density, or intensity of development. b. A legal description of the parcel of land and survey thereof upon which the applicant claims to have vested development rights. c. The applicant's name, address, and telephone number. d. The name, address and telephone number of any attorney or agent who is or will be representing the applicant. e. A title opinion of a Florida attorney (which opinion is in a form acceptable to and in favor of the city), abstract of title, or other evidence demonstrating that the applicant has continuously held title to the parcel of land described in the application from the date on which the comprehensive plan or land development regulation change became pending until at least two (2) weeks prior to the date of application for a special permit, together with a description of the extent and quality of ownership of the parcel of land during said period. As of the date of final approval of any vested rights special permit, the applicant may be required by the city to update the foregoing information to the date of approval of any vested rights special permit. f. An affidavit under penalty of perjury verified, or executed before a notary public (and thereafter subscribed to by said notary public), by the applicant as to the veracity of the application and all attachments thereto. g. Such other information relevant to the standards and factors in this article as the development services director may specify. (2) The applicant shall attach to the application original or photographically reproduced copies of all documents or other relevant evidence. Said attachments shall be deemed to be a part of the application. (3) Application fee. No fee shall be required to file an application for vested rights. (e) Local planning agency review. A public hearing shall be held by the local planning agency on the application for a special permit for vest rights determination. After the public hearing, the local planning agency shall forward its written findings and recommendations to the city commission. A copy of the findings and recommendations shall also be mailed to the applicant. Said findings of fact and recommendation shall be advisory in nature. (f) City council review. Within thirty (30) days of the date the local planning agency has forwarded its findings of fact and recommendations to the city commission, the city commission shall hold a public hearing on the application for a special permit. After the public hearing on the application for the special permit, the city commission shall vote on the vested rights request, file its written findings, and render an order of determination with regard to the existence or nonexistence of vested rights with the city clerk. A copy of the final order will be forwarded to the development services director, and the applicant. The order shall either issue a special permit, issue the special permit with conditions, or deny the special permit application. (g) Application deadline. A person or legal entity shall have one (1) year after the effective date of a provision in the comprehensive plan or a land development regulation that is alleged to defeat said person or legal entity's vested right to file an application for vested rights. Failure to make such application shall be interpreted as a waiver of the vested development right, as well as a waiver to any right to claim that the aforementioned provision in the comprehensive plan or land development regulation defeats or otherwise improperly operates counter to said person or legal entity's vested development right. http://livepublish.municode.com/4llpext.dll/Infobase 17/ 1 / 1 bel/ 1 c5711 c60?f=templates&f... 10/13/2003 NextPage LivePublish Page 4 of 4 Although the one year time period may have lapsed, in the opinion of the aggrieved person or legal entity, any person or legal entity who believes that its vested rights may be abrogated by any provision in the comprehensive plan or by a land development regulation must, prior to seeking judicial relief, first file a complete application for a vested rights permit so that a determination can be made whether the one (1) year application deadline has actually passed and whether other provisions of the comprehensive development plan or land development regulations may preserve the applicant's vested rights. (Ord. No. 1198, § 4, 4-15-99) http://livepublish.municode.com/4llpext.dllllnfobase 17/ 1 / 1 bel/ 1 c57/1 c60?f=templates&f... 10/13/2003 Memo TO: PLANNING & ZONING BOARD From BENNETT C. BOUCHER, CITY MANAG Date: 9/172003 79 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 0 Page 1 Meeting Type: Regular Meeting Date 10-21'-03 SPORT AGENDA Heading Ordinances -0 Reading Item 11 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 39-2003, AMENDING SECTION 2246, PROVIDING FOR APPEAL TO THE CITY COUNCIL DEPTJDIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 39-2003, amending Code Section 22-46, providing for appeal to City Council of a Community Appearance Board decision. Summary Explanation & Background: Currently, the Itommunity Appearance Board is a quasi-judicial board and any appeal would be to file an action in circuit court. This proposed ordinance would establish an appeal procedure to the City Council. This is similar to the site plan appeal ordinance. An appeal process would allow time to review for record and introduce new information. I recommend approval Exhibits Attached: Ordinance No. 39-2003 City Ma is Office Department LEGISLATIVE e -n kim\myd n drain\council nq\2003\10-21-03\39-2003.doc ORDINANCE NO. 39-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 22-46 OF THE CAPE CANAVERAL CODE; PROVIDING FOR APPEAL TO THE CITY COUNCIL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral 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 Community Appearance Board is a final quasi-judicial board, charged with the review of all plans, elevations, and proposed signs for buildings or structures within the City; and WHEREAS, the City Council desires to provide for an administrative appeal procedure from decisions of the Community Appearance Board; 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 22-46 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and stfikeou type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 22-46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 22-46. Appeals and Review. Any person(s) or the City aggrieved by a final decision rendered by the Community Appearance Board may seek appfepriate relief in ^ eprovided by general WAT appeal the decision to the City Council in accordance with the following_ procedures The filing of an appeal under this section stays the action of the Community Appearance Board until a decision by the City Council is rendered. (a) The aggrieved party, not later than ten (10) calendar days after receiving notice of final action by the Community Appearance Board, file with the City Clerk a written request for an appeals hearing before the City Council b) 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 by the City Clerk. The applicant shall be provided notice of the City Council hearing at least seven (7) days prior to the Council hearing_ (c) The City Council shall hear and consider evidence offered by any interested person to determine whether the Community Appearance Board properly denied an application for approval in accordance with the City Code and City Comprehensive Plan. The formal rules of evidence do not apply. (d) The City Council shall grant or deny the appeal by majority 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 ispute of fact must be decided on the basis of a competent and substantial evidence. The decision of the City Council is final. (e) 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 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 City of Cape Canaveral Ordinance No.39-2003 2 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.39-2003 Meeting Type: Regular Meeting Date 10-21-03 AGENDA Heading Ordinances -1" Reading Item 12 No. consistent with state law, rolls up all the prior budget amendments into a final budget ordinance for the 2002/03 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 40-2003, ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09/30/03 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider at first reading, Ordinance No. 40-2003, adopting the amendments to the Annual General Fund, Sewer Enterprise Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the fiscal year enxling 09-30-03, as recommended by the city treasurer. I Summary Explanation & Background: During the 2002/03 fiscal budget year, City Council revised and passed amendments to said budget. This ordinance, consistent with state law, rolls up all the prior budget amendments into a final budget ordinance for the 2002/03 fiscal year. The city treasurer will be available to answer questions about this proposed budget ordinance. I support the city treasurer's reconmiendation. Exhibits Attached:, Ordinance No. 40-2003; 2002/03 Budget Amendment Summary City Man ffiice Department ADMINISTRATION/FINANCE cape-nt mydoc ants \council\me-%3- a \2003\10-21-03\40-20V3.d0c ORDINANCE NO. 40-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2002, AND ENDING SEPTEMBER 30,2003; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1, The Amendments to the Annual General Fund, Sewer Enterprise Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2002, and ending September 30, 2003, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day October, 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Robert Hoog Susan Stills, CITY CLERK James Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony A. Garganese, CITY ATTORNEY First Reading: Second Reading: M O O N N O —� O M N O > W o a}� J a W NZ W 0.LL.Z v0z LL U p /� G Vi H Z O C) W 0 G H Z Z W W a = W Q O E' �a m O 0 O z N w O $ M a t0 cl CD OZ 61 N w CV) Q M N O 0 N z N Q T w Q Z Z 0 0 Q 2M ww t=m w Z Z J M 0 O C O 0 to co ' M 0 0 0: 0 .47 C� ONOgLL 6 O M r N W M z W W 0 Z' LL. 9 W z LU a OOoo0000 0 0 0 o T o O o O000LO00N' OMMMd LO LOO M M M M l+ M M M 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 C� O U') 0 0 000000 OO(DOO OOOOO LO LO0(DLO(D (p (p Ln T 1- I -i Ni d' N ( T V- C) T 00000 0 00 O O O 0 00000 LO O Ln LO co T LA Z 1- N T LL ac(i) F-=0_ 0 O` OO (g 00cowQW LU LO M A O LO LL000O0 000'0 CV) M N r N'T O O O O tiM C%4 La co 19 CO ey V- T (V M rn 0 0 M T N c0 (D 0 O O 0 m m 000 MTLA s ' 000 T CO T Y O M' Go Vi C! w' N U' LL D W 0 U , � < P W M z W W 0 Z' LL. 9 W z LU a OOoo0000 0 0 0 o T o O o O000LO00N' OMMMd LO LOO M M M M l+ M M M 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 0 0 0 0 0 0 0 0 C� O U') 0 0 000000 OO(DOO OOOOO LO LO0(DLO(D (p (p Ln T 1- I -i Ni d' N ( T V- C) T 00000 LA 00000 0 00 O O O 0 00000 LO 0 O Ln LO co T LA Z 1- N T LL ac(i) F-=0_ 0 J w 0 U)~ U OO (g 00cowQW LU LO M A O LO LA O CV) M N r r CM LO (D M 00000 LA 00000 OOOOOT OOOOO Lf) 0Ln0tn(D 00000 S T T' N cli M LO ' O T 000000 O 0 T N M 0 T 00 O O O N (Y) 't � "t LO LO LA LO LO LO LO T T T T T MVM N T T C z w z ~W F- W D LU 0 J 0 CO w �_ aa.am X H CO 0- w g CD Z 3 w Pwozm'o. v_a�i -wQ F- ZHHgmE— J �Qlnzw -aCL Q a d 0 2 U C9 w 00000 J 0 0 0 0 0 D 04 'At 04 t- s W M (M (h M M Q T T T T T Z Ln Ln LA In U? w N N N N N Q O O O O O Z 0 U) w D V H Z 0J W: GHJ L a EL w' c� w J Q w W d Z ZZQ:=� 000 OOpz�Q� LL ac(i) F-=0_ 0 J w 0 U)~ U (g 00cowQW LU J..d arLWQo 000000 O 0 T N M 0 T 00 O O O N (Y) 't � "t LO LO LA LO LO LO LO T T T T T MVM N T T C z w z ~W F- W D LU 0 J 0 CO w �_ aa.am X H CO 0- w g CD Z 3 w Pwozm'o. v_a�i -wQ F- ZHHgmE— J �Qlnzw -aCL Q a d 0 2 U C9 w 00000 J 0 0 0 0 0 D 04 'At 04 t- s W M (M (h M M Q T T T T T Z Ln Ln LA In U? w N N N N N Q O O O O O N w w D H D Z w IL � w - W Q LL y w w c Z w Q ❑ W WW LOM19TMI-O(n M (O LO O ('M O M 00000 N C> [!3 O O O O U Z M N CO M O M (d NNL CO Lf) N L CO Cs r_:0')C?M LO N ❑ N e- CO •- m m Q O O O U) O N N M ❑ Q� Q ❑ 0 0 0 0 d N W (fi 0 C N N 00M M � Cl O N O❑ N `0 M 0 C p coOIt M LO N W N 1- — CO M N M Q O W Q N Q W N ao 0 (c1 0 } J Z N Z C Q Q O W C') CNV N Q W N W awv Q Z Q GW HW LO CY) MO-COMO ' (n d 0(LO0 ` ' (� O Z O O Z CO "t O M � C3 N V) c U.r N� ❑ O C7 N e- r r� C6 C m m LQd Z 0 _ V LU 0 r ^l N W W V - a= � v WLU Q Q m F 0wz UC) w' 1— U D 1 0 z O m�Q E -a w`t z I-- CD ��Z WU z ow w W UQ Q Z_(n Z CD 0 Z a- W W Z X W ad ca nZJVU)I— H_ �o Z`Z H w�Lu w�ZU D Z W to()co w LL 1L J ZQF-�°tSyZ� W J�LU w0- U) UH JQ0wLLUJO X V aU)iLw. aU N nog=F-Wa 0. IL 25Q t�U m 0000000 d 0-0C)N d O W W N N N N M M 0 M M Nt m LO � G qt O t= w .- w N z L? (n In In O G U (N (N U? L? Z L9 J Z C? M M M M Ch M W rJ i�� w: L9 0 0 0 0 0 0 0 0 0 0 0 0 00 Q 0 0 0 0 0 O O 0 COO Q O O N w w D H D Z w IL � w - W Q LL y w w c Z w Q M O O N N O J O N M � O LU W c a>'I* J O V V Z W V1 W CL LL Z LL O 0 O H z 0 W vQ0 Z Z W Z � W a= W Q �a m W f -W W U LO CDN't--N00OO NM14-'I-I-�-r000 d? r CA Cp CO 00 Cay N NOti00wN r`OdOLOr- d N N 00 O NCD �CDOM0000 OLOMtiO000 d� M O w w w O U7 P-NtO�c6M V Lf) �OM—NOL M �LO�rNr m m Q O Vi N M p 01 Q 0 0C) 00 O O O O OOOOO O O O O O OO O 0 O 0 p ON LO Lf) O�OOU) OO O N W d' r r cM M6 cl - N r r O � M M Q M 4 0 0 0 0 0 0 0 o O tf)O d 000 00 r- Co 0 0 0 0 O x008000 O N Op NW C10OC)t^COn0M O .. rV cl L6 e- ti Lf I+ �00M `� N, r Chi r v- M M ... N 0�0^ N d0 LO N W �D' U) M N LO cn N Q ; N F- W C W V LO CO N ti CM N 0 0 0 0 N O N ti CD a r O CO C) I% -r C) LO It C) CO CO 1%- O N O O O O O O r-_ O Lf) O LO O O NOIq 00 LO LnM (D N M Oa O d LO M h O O0 O MN OO CD 00 LO CM0Z p CNF dCSF C)MOON�M r r r `r r MM0000NMti - N Nq9T Cf 001q4d`N d' O m m a co co ti ti C'7 N CO) CD w Z U 0 J W �L N W m U) W Z W Z Ur O W 'Z W W w Q Z Z = C0 W W Z (7 O w z w z `� z D °< �w ���o z o Pz° ~ O v 06 Q�wQ� U) 0)w�zw Z W Q U) U) Wm U)ow =a ZCnz� F-- D z H -a <IV)z 2 z tr COwww— wcn►-�z0 �� z W Q i-�z(�zW— � CL w�OZmwQ a X �d °� CL � ¢a. D. w .�LL0(LWCOLU Q 0 W � to O w N F- 0) ) F- 0 0 n z Uz,dc�ww} <- t=-- uU) 0- W CCI} cJ)zJO�zF-(� www�w JZZ CL W W cow zw�� 1- O�nz�V��-C�= u.ww�cnUZZu� t z� �Z'W gt- D F-wwz�QQF->z w Mgw O LL. Pw� W ��� Qw W Z W �� V�W�Zj W mwomw-13:ooW0 �' v~i�wmoCCO-2 W 0I W-�S'0WOm 0 �O 2 00000-000?00- 4 04`0040' 0NM00 _ �' 0000000 00-0000 f- U) 00000000 000d0N00 NNCl) 'RT '�tCON� ci W W N0�— ot�OCflN rrNCV CV C14 CO ItIttLO o t — CD NMMtt NM�LOU)(D(D D -NCV NMq'LO D Hm w vv v vvv�f N NN N N N N N N N LO M U7 lCi LO tO LO L() t0 NLO W p - It 't g v v v U) U) U) O U') Lf) O W c z oio aiDrnaioi N N N N N N N N Lf) U7 LO U) LO LO lO Ln WW Z Z D r r t r r t r r r r cDCDcocDc6COCDc (6 c6 z ui . r r r . r r tiIrti117-t`tirl r r r i i i W r r r r r r r r rnrnrnrnrn9TT r r r r r i r r W JZ r r r r r r r r 0 0 0 0 0 0 0 0 4 0 Q 0 0 0 0 0 0 0 Q 0 0 0 0 0 0 0 0 Q M O O N N O J C M N � O LLJ CM > w O a >- eF O J V U Z LLj N W Q z V 0 Z 0LL� N � I- Z 0 W Q O Z Z W Z W a= W Q � a m k W ti 0 00 On 0)O o Qo W WU r -(D CtoO r D OO - CO 0 Z � r O 1.7 C C6 0 Q m m O O U O N N" M D Q� Q 0 G (0D 0'0 O OO' N W r � r Lf2 M Q CO M CD G N Z W M QM N Z 03 T LL)cn r N Q T NHW co C) O 00 0 WU CD mus C) Cao N D a G0 M N 0 oM�JQM LO Os efi ti �o r � T 0 w N W N Q m w U> z W N V 000 '' w �' W� N 0 0 � zap o' - z wz z U) cn > > w U QQW H QU) zW W W d WQU ui IL Q w>oQ o EL(Dz_a(0 D- wu) w >av w czc) w 4dQ=5Q W ��I-OZ LIJ Uz w WC9 OYa x ~ s tC'© Q w0 U WUU w WQQ 1- SWu=IWIX I w a Jw Q� CL M v� U a w_j w 0 Q 0 O N w z z Lu -Q G OQu- w ww J QOO m wUU 5U)—,3:0- -1 CL 44 C�UU r C14 C) w 000_0 O o w v t� W UJ 0(D I '7 Cl) N M M M M Hm tiI- W ---- W - W ccnM W T r r r Wg L9U? p tflU?L9U? p U? p L? L? p Z r r z N N N N z M z z Jz r r W r r r w r w r T w O O Q O O O O Q O Q 0 0 Q M O O N N O LLJ 04 J O M N � O > w O J Z a w U) w a Z v0LL LLz pU)D �-Z0 v w O a = LLI �v D f' �a m W W V Z C m Q Q m O G M o a N Z w M Q M N O � N Z N Q r c-4 LU C W V N C7Z Q O m m w a Z Z D O Q Q G W HLU m Z Lu J Z &—c:) O 0 0 o O ao C, O o 0 Lo ti CA �'.. M Lr) T (D O O O 00 fl- O ' C (q M LM M M T- ln CO U) T T - o O T L() Cn 04 O ON N O N N N N N N N &—c:) O 0 0 o O ao C, O o 0 Lo ti CA �'.. M Lr) &"rl- o T (D LOorn N ONoo LQ M O C) T - o (D co It co Go Ti N O N N N N N co O O ' ' a) O) ' O ti C T T U) .� W LLI .� z z w W > a LLI C7 w w Z 13 a Z LL W coLL U ~ J w Z LL, 2a w w CO w U WZO>U O w w 00 m Z Ix w U w Q Z QQw 2Qw X W W U) w p p LU �0T 4Dztwi- m Z w=FL f- w LU 0 2 Q 0 p w Q 0 ZU0UcnU a Q Wc)w Z C) N o 0 o O O � O — O (p T CN M 0) Z T M (O co 0) p O T T T T T 00000 w O rn rn rn rn rn p . T ff Z O M T T T T w M M i T T T T C LO LO 0 0 O o 0 0 o Q T T &"rl- o T (D LfiN N O C) T co Go Ti N N N N Z (9 U) w O � w Q w a �OQOd fl -J J Z J Q < LLI J Q x2w< wU)COU lLO N O C14 ce) 193, U') CO CO L9 L9 L9 LO LO LO Cn LO Cn C) O o M O O N N O J OM N � O LLJ 04 > W O Q d J V V Z LLI N W a�Z v OLL Z p G F} -Z0 W V � O D � Z Z W LV LLIQ = F- U D � �a GD W V co 0 0 0 0 (0 C0 O O O O r 0 0 0 W o 0 0 0 It o 0 Z � N V) r m N 5 d N O M a O � N r r N a m CD :A N � M O) OD N Z w C) M a co Cl) 0 c) C) O O O O NOOO0000 0 Co 0 0 0 0 r - M O O D LQ C C P- 0 C � f- N W T Cfl N O N -T l!) r co O 00 O In O �. r 0) v M �. M w .M.i O M N Z M O N W Na T- N H W V 00 O O O O 00 O O O O N CQ O O O O O 00 M 0 0 0 0 to O W CM0000 lOOOOOOr M O Ld N D a OM r (p� O co U N N O O N M O M r N N O m m N 0 0 0 0 of U) U Z z w W Q Z g w a w Z "' U) x J az? W =O z --ww w p 2 U)Q� z U w U) z 0~ w z 0 V a zWLL� w �W�W� -- �HU)a� � z Oa�a�a N w J LU � �coLU ED 0otS('�ZF---z (1) w IL �Ow cnw OLU Z O O W Z Z Z w Z Q W W Z W w Q H w w w X= 0 5 Q O w 0 w0Dcq0�w w uwU�m0Uw0 OO O O O m 0 O O r O r r 0 W O O O r 0 W (n Co Cp 't M M O r N� CD CO CO m W O O O O O O M M M O Lf) In Ln LO r r r m LU r In Vf U( M O M M M Cn W CM M M M O 0 o L? L? L9 L9 T CA CA Z Oqcr Itlqt to 0 ZO O O O 0) CA O) J Z M C? M CM M W r r r r r r r r r r r O O O O O �I�tIq'TIt a r r r r r r 0 0 0 0 0 0 0 �It��ItItIt 0) w H 0 Z w CL w 0 Z D LL w LU W N 0 w 0 Z CW C a Meeting Type: Regular Meeting Date 10-21-03 AGENDA Heading Discussion Item 13 No. Public works director's memo dated 10/14/03; Interlocal Agreement AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: INTERLOCAL AGREEMENT TO FUND A FEASIBILITY STUDY FOR A REGIONAL BIOSOLIDS TREATMENT FACILITY DEPT./DIVISION: WASTEWATER/PUBLIC WORKS Requested Action: City Council review and comment on the proposed interlocal agreement as requested by the public works director. r Summary Explanation & Background: See attached memo and interlocal agreement. Please advise. Exhibits Attached: Public works director's memo dated 10/14/03; Interlocal Agreement City Manager's Office Department WASTEWATER/PUBLIC WORKS CL -mxmydu umea��nys� n\counci1\meerr4kg-wuuJ\iu-L1-u3Nblosolia.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: October 14, 2003 SUBJECT: City Council Agenda Item for October 21, 2003 Discussion Item: Interlocal Agreement Feasibility of Regional Biosolids Facility Brevard County and the Cities within have been discussing the feasibility of a regional biosolids treatment facility. Attached is a copy of the Interlocal Agreement between Brevard County, City of Cape Canaveral, City of Cocoa, City of Cocoa Beach, City of Melbourne, City of Palm Bay, City of Rockledge, City of Titusville and the City of West Melbourne. Conceptually a regional biosolids treatment facility is an environmental sound idea. Currently the City disposes its biosoilds at the County landfill. In the near future the landfill disposal of biosolids may not be an option. Funding for this study will be divided by between the group having a cost of $6,945 for each City and the County. Palm Bay has already approved the agreement. The concept of dividing the cost equally is that each party will have an equal vote. Recommend the review by Council. Staff will forward any concerns they may have to Brevard County. Final approval of the Interlocal Agreement will be scheduled for the November 181h City Council meeting. Attachment CC: File INTERLOCAL AGREEMENT FEASIBILITY OF REGIONAL BIOSOLIDS FACILITY This Interlocal Agreement regarding the funding of a Feasibility Study for a Regional Biosolids Treatment Facility, is made and entered into among and between the County of Brevard, the City of Cape Canaveral, the City of Cocoa, the City of Cocoa Beach, the City of Melbourne, the City of Palm Bay, the City of Rockledge, the City of Titusville, and the City of West Melbourne all of who are collectively hereinafter referred to as the " Participants". WHEREAS, the Participants wish to pool their resources in order to investigate the feasibility of creating a regional biosolids treatment facility; WHEREAS, the Participants recognize that the needs of their respective jurisdictions with regard to wastewater biosolids may best be met by forming a cooperative entity better able to manage and make efficient use of their individual resources. NOW THEREFORE, the Participants of this Memorandum of Understanding regarding the funding of the feasibility study agree as follows: Section 1. Purpose The disposal of wastewater biosolids is regulated by state and federal regulations. The current regulatory environment in Florida indicates further restrictions on sludge handling facilities that will likely impact the current practices of most of the aforementioned entities. Each Participant is currently operating a wastewater treatment system and is generating wastewater biosolids. Each Participant currently addresses these requirements and regulations on an individual basis. The Participants wish to investigate the feasibility, costs, individual impacts and benefits of creating a regional facility to address wastewater biosloids treatment and disposal in a Page 1 of 5 cooperative and consolidated manner. The intent of this cooperative effort would be to produce a superior biosolids product that can be conveniently recycled by local residences or marketed to agricultural and commercial enterprises. The Participants recognize the need to hire independent outside professionals to conduct the technical and economic evaluation. The Participants agree to share in the funding and other efforts required to obtain the information necessary to determine the costs and benefits that would accrue to each individual participant. Section 2. Technical Services (A) The Participants wish to investigate current biosolids treatment technologies, biosolids recycling options, capital and operating costs, and the impacts to each Participant's existing utility operation. The investigation will produce a report detailing the technical and economic issues that will be relevant to each participant in determining whether to participate in a future, cooperative biosolids system. (B) The City of Titusville has retained the engineering firm of Baskerville -Donovan Inc. (BDI) to study the City's wastewater biosolids issues. The City of Titusville agrees to assign to BDI this Regional Biosolids Feasibility Study task. BDI has presented a Feasibility Study Task Order to the City of Titusville in the amount of $62,500. The Participants agree to share in the cost of this feasibility study and make payment to the City of Titusville as provided in Section 3. Section 3. Funding (A) Each Participant agrees to contribute $6,945 toward the funding regional biosolids treatment facility feasibility study. The money shall be held in trust by the City of Titusville (Trustee) for payment of the expenses related to the completion of the study. Any funds Page 2 of 5 remaining after the completion of the feasibility study shall be divided equally among the participants. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 3 of 5 [Seal] BREVARD COUNTY, FLORIDA Date: By: Its: Attest: [Seal] CITY OF CAPE CANAVERAL, FLORIDA Date: By: Its: Attest: [Seal] CITY OF COCOA, FLORIDA Date: By: Its: Attest: [Seal] Date: Attest: [Seal] Date: Attest: CITY OF COCOA BEACH, FLORIDA By: Its: CITY OF MELBOURNE, FLORIDA By: Its: Page 4 of 5 [Seal] Date: Attest: [Seal] Date: Attest: [Seal] Date: Attest: [Seal] Date: Attest: CITY OF PALM BAY, FLORIDA By: Its: CITY OF ROCKLEDGE, FLORIDA By: Its: CITY OF TITUSVILLE, FLORIDA By: Its: CITY OF WEST MELBOURNE, FLORIDA By: Its: Page 5 of 5 co O O N a0 O N O CO A cO a0 �t a0 r N N M co Vim' w l0 N w w N N N O 04 Q:. w O w O O H C, d o h d D0 0' 0 W N k m3 v m ao v v A tD C Q Cl V •N IF� O O o ,C I3 I W co (V. w N G r CIC N W ' L v v O M. W;, C cn C!C W y au co v ce v c N opo m NCA L: eO W OO <O O O N CO W N N N N N O v v co a0 (O v c eh 7 C C ._ (n'' W o. L a> W M : y m N N N v v v a N N st M M. .:CM U. U) U) O N y O T > T t0 LL E C O w' m E E ? ° 7 c K. C - °' ° •io E > Q 4 % Q m moma. a` _ m y" 'a awi E °' p M y y a m E E c J p c c 0 m w y O c - a) Q E c° V m m m m o w Mn J J tl awi� y v� c c mQviw c 5LL t5 LL w LL 7 E HFa- U> 0 ° w° o y cLi F O �'co._ O N .- c m UYY c ° E OO 2 7 C C F- LLW w N pp •O. W w .w m .,o O c E> a w ~ d d d p a 4 p O: e d awi m a4) c m r y v O O. 3 a C g .y y of m F m 2 Y m m V) y o t 0 m > 3 w E d E° N C Co y c "O nom+ O U c m O Cl m mC C (n C /0 C O O O ;YQ w '- = O O7 C 07 Owl N_C R C W C o °in a °n° N 01 o p � IA '} C ��oal C> W v° m R m y v '� a m m c a H O o o y W H g w y o6 ° H �_ m y o .0 N a : W t .w-. N N V p l0 V N F - O O 'O ¢ a a 0 ° C C w LL. V y t p a rte. p w U V 'X W w O E y y a y a' a U m W y Ol y m c 3 LL N �i O J C w w m O m r 7 44 o C' m 3- �? o ° o° o o m c 2 o o} o E c Q > is min = 3 `° ,m° o° m r c {� $ .� O G .� ._ = � m C W C p C r W w y J C p y y J_ C p L y O U a C O C O O N> O C N T�j C<�� C 2 C C (D 0 O � H +�' o R :> w d w c- N' Q 71 0) o- w m 'w m m 1p o 41 m N m d m>> y 'N d '� m E d G7 a' io U c m a E 01 `m m N w N a' N m 3 y OS Y O` LL m N N m N d _ 7 d: f0 C)F-(tw V aM,Uc.)Uaaoaaoaaaooaa(LCL-1 m 0 lC O N m �7 d d rOn N N m 7UU�aaoCia�acn 0 0 m w 0 7 ro 7 cn co O O N 0 r ti y NO o 0 0 0 0 0 0 0 0 0 0 00 0 0 00 0 00 0 O O In o o :41 O Cl) r M O N O a0 R O M O C7 N Cl) N O M to �! t0 N N O 6n M W R N N 6n N w LO O N N 60) 0) 409 cl C) 6A N 6A 6n 6n N 6A b9 V EA O EA E699 669 W% co N . C � w to m O i 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 O O o e y 6A 6A V9 60 60 6A EA 6n U9 6 9cn E/9 69 to 6J9 Vi 6A to to fA 69 V9 6n EA p M. _ 6n E» 6y. d N :�9 R 3 m 0 0 0 O O O 0 0 0 0 0 0C, 0 O O O O 0 0 0 0 0 0 O O e 6A d9 6A 60 w w w 6n 6n w 6n - 6A 69 69 6, Vi 60 co 6A Kf w 6A N 6n C. c W F w OO O O o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O e 69 6n 6A 6n 6A 6i> 6n 6n 60 0 60 6A 6n 6A u9 to 69 6A to 6A 69 tb 6A a 7 04 t..p N 669 603, 669 �"� tG :.�. 60 D '~ w O O O OO O 0 0 0 0 0 C. 0 0 0 0 0 0 0 0 0 0 0 0 o e L vi 6n 69 69 6n 6n 6n 6n 6% 60 69 695n 60 6n 69 6n 60 6e to w 6n 60 en 6n C Ln 6 7 C 7,W O O O O O O 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O p e V L 59 09. 69 H9 6n 6A 6n69 EA t0 (0 6% 69 N9 69 6n 6n 60 6A fn 6H 6A 6n 6n 60 L4) Z6c Ln T- Chr c c mil 0W 0 00 O O O 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 O O p p M L v d 6n 6n 6ri 6n 6n 6n 6n 6A 6A O o 6» 0 6A 6n 6n 6H 6A 6n u9 6n 6n 6n 6n H9 p j N. W C4 C4 V> V> o» 0 c N 6y. •c N c. N,W C. 000 CD Q OEA 0(n 69 U, 60 C C d 66 6000 69 6 O ul� w 609 N M FA 6n O 1A O 609 c! 609 O d W 6n 69 - E!i - - Ch CO a9 6M9i» u09 6n 1:N Co w � W 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o N e i L :. � co O 69 N r 611 O M N N 00 M O cl� O Ci 0o M O 6n wp to N N fA 60 t•o�{{ tea. W C to in in v9 609 N N 69 N u9 fig 6n to N9 N r: 6n 6A u9 ►� N tf U) W w v m L 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a d 69 6n 6H 69 6» 6n v9 6n 69 6n 69 6n S 6A 6n 6n 0 6n 6A 6n e9 6n o 69 60 O N' m 04 6A 6n c 6h .^ fC N 69 :N •o' a� cw « W w L �6 Oo 0 0 0 0 0 0 0 0 0 0 OEA o 0 0 0 0 0 0 0 0 0 0 0 p e •� �+ y V :N td M t- M t0 N 6n M d9 w, 69 w NN 6n to W!9 6n 6A 6n 6A N In 6H N to 6n N to 6n M 6A N In fA 6n to 6A O N to M vi w N 6n N t0 6A C pj p...� � u9 Ln,' a 44 d w C > ca O W E C .2 E 2 C - m w �cn a U aoo•o gO gJ y N (n O c n m>Q E E¢ a O Q v ca m O Q ° c o c CO N LL Eic F- F _ o w ° uiam o.y.. ow mOo U m E md LL N m y C mO pCm5. °o> ai .2 Ha tdE > E � E v.N7 > cno mL Cl) 7 7 cai v dw m a� o o c M E c c o 0 o c w '- c m ami LL y m 'v, w 0o 3 c> 0_ c O r we o '� y ,aom o E a a y L. w H m a {� y +:r d-C U (0 c c m 7 a o L H y O m 7 m 7 m c N �yJ d g C •� a°i F y LL€ W c O ._ y c m N G 0.0 N •a O m W 7 t r N N y j W N LL U y O a O m C y 0 V O u fig ° LL6?Uvw .7. 7 N X a1 ° iE N H a) 0 Ba a) N mw 4°l mom°- C m?�7t 3 N d m m 9 LU a m a� 3 o ° 0 0 0 w in .3 `a m c E € c tya 0 W U) D - — M '- C C N o° N o o L O o f ° C° ° m r- C t0 T d y w C O m W y J C p fn J_ C O N U a. C O C O O y N y U 0� O.0 U w C C P O U LL C V �6 J N L O c w CI '� >_ N m C d _ l0 O N . U 'N 0 N m C `m N N d N N ro N N N N `1 '� m d `a N R� C N a E C d d N N M d `m +% .0 7 2 CY w p CO :. a' LL d E 7 0- E m 7 ° o a 7 ° m m 7 ° 7 UU m E n ro m o °� _ .o E E a� m ° o n °� o a W o a d td V C)Ha.GQ Q6 V Q�000LLaoawoLLa`.n`.00aaLLa�cJUUgLLaoc�LL�a6n d O ro O m d N m N a) N N N �% «/ N N 7 0 0 N 2 d N 7 N 7 M. 7 U 0 r U N •O a T w V1 y LO a) LL tom, U W LL rn 0 y N 7 N c O a Co w Ln N t0 U E Li Ln u O La Ww LU N m cna cao L) LU �O T OOtL'J C Ci H Q a6 EA x W >d O ma0000 M! W ao o 0 �.. OQ OO rn O 0c0 LO O &0 y L 6M9 W 0 CL M O O M G%» (iO C 0 0 w H O 0 � 0 O Iq V! ti V!to c G � ' Q f9 t0 �0 Vl H LVi.Vol 'c toIL 16.1...._ d g N QENNQQQ E9 a�q Lah d e Q 04 z N m L` 1 w F 69 F 4 W a 0 0 C 0 C u (h lu r 69 K Q ) HLn 0 e V m N N Nco V.........E Q 40 0 Z Z Z d U vi CD Z 6I N N LLJ7 Lw Ln z CoN LV W CO IL X OOOU W U a 0 H •� J (D Z a R m L O a H F O _7 U) O a .2 ma Lo a a) U- 3 0� 3 y U-0. Y L C No OO LL L, a)y /9 Q1 L y L m (/) 1:�>i m� r- (D E 03` 00 0 0 aa�Lcnm mm =ZU)CO US (L Ln O C��O d��N B 000 00 U d mm� E E m m O aLUUU UU g•g L)�$$mm's2Pvv -E '2 m y y O E E :-2 N>>>>> O •0• «O• N O O a1 a1 Lp to 0 d Q7 N O Pi=UUU22a.am�mmm` LU N C N ro 0 y v y00 W LO OO 0000 00 Q � O O a O a) O U 3 6< 'o •) L �N OLO00000 t00 o w fn an N0LLnLOM LO C � N t O Zy U aw LL T w a _ � N o lV c LL W o Z, U o Lj L4 w lL LT m� a � � y4) c n 3 y y 15� E :a x c p E ) 'O y N w O `y 'c t C r y'C ca C>0 m O Cl OL n°' y�yNy 'CE 'n ro Lo 7oaLao0waa M, 8 5 Z E4 y w a y a L po o O a v y V y V 0 d •y y U 0 .c-� m Na�7N aa)i w dam .. '°yyEwaa e S m E y ww0w0w0r0w0w � w N o�00000000 W n - c c c c c c c c E E w e E C N O w to N N w V) y N N N o 4 U a) O O LULUWWWLULULLJLUW Z L,i UUH Off�!I O ma0000 ao 0 �.. OQ OO OO O O 4 U) (iO C 0 0 0 0 O 0 � 0 O Iq V! V! V!to c G f9 t0 �0 Vl LVi.Vol toIL QENNQQQ Lah d e Q z z z Z F 4 lu HLn 0 LO LO �p Q J Vcs Z Z Z w vi CD Z 6I N Lw CoN CO W CO OOOU U 0002 z J J Z a a O H F O O .2 ma a 3 0� 3 C \ Z ~ O v v (Oj >I H O) cLU J a' a c 0 c 0 4) of LO U) o �zdd a v m s Li'y .O O M O O N LO Z -- CD Memo To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From: BENNETT C. BOUCHER, CITY MANAGER Date: 10/14/2003 Re: QUARTERLY ACTIVITY REPORT —ANIMAL CONTROL This office processed 16 citizen requests for animal traps for the months of July, August and September, 2003 and was notified that a total of 31 animals were trapped as follows: 4 possums 21 cats 6 raccoons tkmm 0 Page 1 City Cledd Human Resource Office Quarterly Report, October 2003 HUMAN RESOURCES Position Vacancies: Plant Operator Utilities Maintenance Worker Environmental Analyst Recreation Aide School Crossing Guards New Employees: Davina Beedie, Environmental Analyst Janice Butterworth, Recreation Aide Cheryl Budesa, School Crossing Guard Charlene Morris, School Crossing Guard Karen Rockey, School Crossing Guard [Acceptances Pending for: Plant Operator & Utilities Maintenance Worker] Resianations/ Terminations: William Sakaros, Utilities Maintenance Worker Delores Latherow, Recreation Aide *All resigning City employees are instructed to schedule an exit interview with Human Resources. Employees complete a questionnaire that helps management evaluate its performance and to work toward enhancing employment with the City. School Crossino Guard Trainino • Ms. Stills participated in School Crossing Guard Training with Ed Gardulski, Public Works Director at the onset of the new school year. She will attend the Trainer/Observer class in December 2403 and Mr. Gardulski will return to serving as a Trainer in a back-up capacity. Risk Mananement • No claims filed. o Planning training sessions for Department Heads during the next quarter in order to maintain awareness of safety and liability issues. Workers Compensation 40 No claims filed. City Clerk/ Human Resource Office Quarterly Repott, October 2003 Page 2 Wa+oe and Salary Plan Ms_ Stills made the web site address available for the Florida Public Personnel Association/ Florida League of Cities joint salary survey. Department Heads reviewed results online in order to collaborate on an appropriate wage table to present to the City Council, Ms. Stills also disseminated job descriptions from both the 2002 and 2003 Salary Survey years in order for Department Heads to properly assign the new codes to their staffs respective job classifications. The City Manager held three consecutive meetings in order to determine the best possible wage plan based on the widest range of survey participants within the job classifications. The collaborative intent was to gain a greater top out range to benefit employee's who have reached their maximum range within the classification. Also, job classifications were considered for employees in the laborer fields to achieve specialty area certifications along with their job classification. CITY CLERK'S OFFICE Elections • City Clerk published Legal Advertisements on the General Election and the Special Election regarding the vacant City Council seat due to a Resign -to -Run candidate. • City Clerk accepted qualifying papers for two candidates for Mayor and one candidate for City Council. M EETINGSISEMINARSICONFERENCES • Ms. Haas assisted with Community Emergency Response Training this quarter. Approximately 17 City employees participated in and graduated from the course. • Ms. Stills attended the Florida Public Personnel Association Conference: Highlights: 21e Century Employee Recruitment, Planned Retirement Services Updates, Interpreting the FLOC Salary Surrey Results, How to Address Employee Problems, Succession Planning in the Workforce. • Ms. Stills was voted Vice -President of the Space Coast Public Personnel/ Risk Management Association for 2003/2004. RECREATION DEPARTMENT QUARTERLY REPORT JULY, AUGUST & SEPTEMBER 2003 ❖ Fran & Mike accompanied 12 youths on field trips to Funntasia, via the Beach Trolley, on July 1st and 29th. The City paid the (discounted) admission fee, which included tokens for the machines in the game room as well as 18 holes of miniature golf. ❖ One of our tournament racquetball players, Dell Price, gave lessons to the juniors on a weekly basis during the month of July. The City provided the court time at no cost to the youths and loaned racquets to the youths that needed one. Sixteen youths participated. ❖ CERT Training classes for employees were held at Recreation Center on July 24th & 31St. ❖ The Youth Center was open from noon- 5:00 p.m. Monday -Saturday throughout the summer school vacation. Regular hours (3:oo-6:30 p.m. Monday —Friday, 12 noon-5:oo p.m. on Saturday - closed on Sundays and City Holidays) resumed when school began on August 6th. ❖ YOUTH CENTER Attendance: July — 484 — daily average — 19 August — 466 — daily average — 18 September — 425 — daily average — 20 ❖ Two FRDAP (Florida Recreation Development Assistance Program) grants were submitted in August. One for Banana River Park ($150,000) and one for Canaveral City Park playground renovation. ($150,000) ❖ Seventy- seven people attended the Kingdom Animalia show at the Recreation Center on September 27th. A report is attached. ❖ Manatee Park restrooms/pavilion project is currently undergoing the required site plan review. Next step is Planning & Zoning Board, then, depending on the outcome, the project will be advertised for bid. ❖ Delores Latherow, a 6 -year employee, resigned effective September 3oth. We are seeking a replacement. ❖ The last day of lifeguard services on the beach in Cape Canaveral was September 1St. ❖ Upcoming special events: Otober 16th -19th — Brevard County Traveling Skate Park (Annex Parking Lot) October 30th - Monster Mash Halloween Street Dance (Annex Parking Lot) November .7th -9th- 28th Anniversary Racquetball Tournament (Recreation Center) November 12th - Community Health Fair (Recreation Center) December 14th - Holiday Tree Lighting Program ( Library/Community Room) Saturday, September 27th 10:30 AM Attendance: 77 Income $77.00 Expense: Lucie Knox $135.00 Flyers 13.55 $148.55+ staff time TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: July, August & September 2003 DATE: October 6, 2003 PUBLIC WORKS ADM„NIS)ATXON 1. Staff has prepared and distributed the Quarterly Concurrency Report for the 4th Quarter of 2003. 2. An Indoor Air Quality Study for the City buildings was done in response to complaints regarding mold/mildew odor. Steps are being taken to follow recommendations received as a result of this study. Staff is in the final phase of completing the maintenance items. 3. The first course for certification of the City Community Emergency Response Team (CERT) was completed on August 14, 2003 with nineteen people participated. There are sixteen people signed up for the second course that commenced on September 18, 2003. 4. The following is a list of training, certifications and seminars attended by the Public Works Department during the 4th quarter of FY2003: • Paul Prince attended a class in Backflow Tester Recertification on July 9, 2003. 8 hours • Francis Daine, Streets Department attended a Supervision Workshop on July 31, 2003. 8 hours • Melton Taylor attended State Short School for a course entitled "Wastewater Troubleshooting" that took place from August 11-14, 2003.36 hours • June Clark attended FSEA Meeting on the NELAC Program. 8 hours • June Clark and Barbara Dasno attended the Florida Society of Environmental Analysts Region II and III Meeting on August 29, 2003 8 hours ea. • EdGardulski attended the APWA Meeting Dinner on 8/29/03.3 hours • Glen Robins and Cathy Dawson, Streets Department, attended the Florida Nursery & Allied Trades Show on September 25, 2003. 8 hours ea. • Thirteen Public Works employees attended CERT Training. 24 hours each • Public Works Director has trained four new crossing guards. Each new crossing guard is required to complete 8 hours of training for a total of 32 hours. A total of 439 hours were expended on training in the 0 quarter. • Page 4 Page 2 of 3 Quarterly Report 0 Qtr. 2003 October 6, 2003 STREETS AND BEAUTIFICATION The sidewalk along the west side of AIA from Columbia Drive to Thurm Boulevard was permitted by FDOT. J&S Concrete commenced work on April 15'. FDOT has some drainage construction concerns. Plans are in development to extend pedway by the Radisson by property owners. 2. The Beautification Board had a landscape concept design prepared by Parterre, LA., for City Hall. Council approved the concept and authorized staff to move ahead with the development of the bid documentation. Project is on hold pending City Hall future construction. 3. Purchase order has been received for beach -end landscaping. Pre -construction meeting was held the week of January 2&. Council approved the cost estimates for reuse irrigation installation and landscaping by Vila & Son. Construction is work in progress. 4. The City received a storm water grant from SJRWMD for the design and construction of a Baffle Box to be installed at the International Drive outfall. SSA completed final design drawing. City awarded to construction bid to Jobear. City staff held a public meeting at the City Hall Annex on Thursday September 11 h at 5:30 with the condominiums in the area. Flyers were forwarded to the Condominiums about the meeting. Had a poor turn out of citizens. The project is scheduled to start in October -September period. 5. The North AIA Sign has been landscaped. More so, staff has made the reuse irrigation water main tap, hence will be a project cost savings. Staff is obtaining cost estimates for lighting for the sign. Purchase Request is scheduled for Council approval. 6. The North Ridgewood Stormwater Project is work m progress. The City held a public meeting for the localjroperty owners. The concept design presented to the public meeting on Thursday August 14 was very successful. We had a good turnout of about 30 residents. 50% from Harbor Heights, 25% each from the Woods and the Oaks. The meeting lasted about an hour. The concerns of the public were whether the drainage area would hold water and breed mosquitoes. The second concern was the landscaping. More so, The Public Works Director met with Ocean Oaks to review a concern with the area near the building closest to the drainage Project. 7. Staff has advertised for Request for Proposals for engineering services. The City has received seven proposals. Council approved the ranking order on September 8d'2003. 0 Page 3 Page 3 of 3 Quarterly Report 4`h Quarter 2003 October 6, 2003 RECLAIMED WATER 1. Plant Production: July August September 4'h Quarter Wastewater treated: 29.6 MG 27.59 MG 24.6 MG 81.95 MG Reuse Cape Canaveral 25.32 MG 20.67 MG 21.13 MG 67.12 MG Reuse Cocoa Beach 0 MG 0 MG 0 MG 0 MG Port Canaveral .62 MG .31 MG .30 MG 1.23 MG Total Reuse: 25.94 MG 20.98 MG 21.43 MG 68.35 MG River Discharge: 5.32 MG 6.46 MG 1.83 MG 13.61 MG Rainfall: 5.8" 2.6" 6.9" 15.3" Reclaimed Customers: 0 0 7 7 2. Public Works received the final approval on NPDS permit. 3. Public Works Director and Assistant Public Works Director worked with grant personnel on grants for reclaimed water lines in the City and a cover for the substandard tank. The application is pending review by SJRWMD. 4. Three feet of sand and debris were cleaned out from the east side of the fermentation basin. 5. A water service tap was installed at the North City sign location. 6. Seven new customers were connected to the reclaimed water service this quarter. 7. Brown & Caldwell have finalized the Reuse Report. Council reviewed the final report presentation on March 4, 2003. Due to legal requirements the project will not be a design build as presented to the City Council. Staff requested a proposal from Brown & Caldwell for the design and bid document for the project. Due to the cost of the project, the construction portion is to be bided. Council approved design proposal on September 16, 2003. 8. Collection crew is working on the sewer main at the north end of the City that runs from Atlantic Avenue to the canal main. The area is overgrown; hence, the area needs clearing. There is a blockage in the old ductile line. Work scheduled for after October 1 to clear the pipe and reline. The City is not experiencing any sewer back up within this service area. Public Works will keep you posted about the /mh 9 Page 4 Sevvingthe czty of G*e Cana MEMORANDUM EER EIRE DEPARTMENT, INC. nal Canaveral Port Authority To: Bennett Boucher, City Manager, Cape Canaveral City Council Malcolm McLouth, Port Direct , Port Canaveral Commissioners From: David J. Sargeant, Fire Chief Date: 7 September 2003 Subj: QUARTERLY REPORT In the third quarter we ran 486 calls. EMS made up 76% of these calls. False calls made up an additional 11 %. Two major incidents occurred last quarter; the first, being the pipe bomb at the Post Office and the second was the arson fire at Crab Heaven. Both incidents were mitigated without loss of life or injury to anyone. Please see the attached stats for further information. To answer some of the questions raised at the September Port Commission meeting, I ran some statistical data on responses to the cruise. terminals. In the year 2001, we ran to terminals 124 times; in 2002 it was 146; and for the first 9 months of 2003, 168. These calls include calls on the ships as well as in the terminals. I have attached these reports for your further review. Our recruit training program is continuing on schedule as planned and 11 Volunteers should graduate on November 28 from Firefighter 1. We started with 18 recruits and for various reasons including personal, physical, and grades, 7 have been eliminated. All this to be a Volunteer. The Volunteers put in 4447.9 hours which include training, calls, and in station standby. We held a Mass Casualty Training exercise with Health First. This exercise went extremely well and pointed out only a few minor issues that needed to be addressed. We are working with Health First to make this a larger annual exercise. Finally, as always, should you need any further information or have any direction or suggestions, please feel free to call. Station ti 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (321) 783-4777 * FAX: (321) 783-5398 Station,12 8970 COLUMBIA ROAD 9 CAPE CANAVERAL, FLORIDA 32920 0 (321) 783-4424 0 FAX: (321) 783-4887 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {07/01/2003) And {09/30/2003) and District = ,001" G;�D Incident Type 1 Fire 100 Fire, Other 111 Building fire 113 Cooking fire, confined to container 140 Natural vegetation fire, Other 143 Grass fire 151 Outside rubbish, trash or waste fire 3 Rescue & Emergency Medical Service Incidents 300 Rescue, emergency medical (EMS) call, Other 311 Medical assist, assist EMS crew 321 EMS call, excluding vehicle accident with 321A Patient Refusal 322 Vehicle accident with injuries 323 Motor vehicle/pedestrian accident (MV Ped) 331 Lock -in (if lock out , use 511 ) 353 Removal of victim(s) from stalled elevator 4 Hazardous Conditions (No fire) 442 Overheated motor 445 Arcing, shorted electrical equipment 471 Explosive, bomb removal (for bomb scare, 5 Service Call 500 Service Call, Other 510 Person in distress, Other 531 Smoke or odor removal 542 Animal rescue 550 Public service assistance, Other 551 Assist police or other governmental agency 553 Public service 554 Assist invalid 555 Defective elevator, no occupants 561 Unauthorized burning 571 Cover assignment, standby, moveup 10 /07 /2003 09:09 Pct of Total Pct of Count Incidents Est Loss Losses 1 0.33% $0 0.00% 0 0.660 $0 0.00% 2 0.660 $0 0.00°% 1 0.33% $0 0.00°% 0 0.33% $0 0.00% 1 0.33% $0 0.00% 8 2.65% $0 0.00% 9 2.99% $0 0.00% 1 0.33% $0 0.00% 181 60.13% $0 0.00% 27 8.97% $0 0.00% 6 1.99% $0 0.00% 1 0.33% $0 0.00% 1 0.33% $0 0.00% 1 0.33% $0 0.00% 227 75.41% $0 0.00% 1 0.33% $0 0.00% 2 0.66% $0 0.00% 1 0.33% $0 0.00% 4 1.32% $0 0.00% 1 0.33% $0 0.00% 5 1.66% $0 0.00% 2 0.66% $0 0.00% 1 0.33% $0 0.00% 6 1.99% $0 0.00% 1 0.33°% $0 0.00% 1 0.33% $0 0.00% 1 0.33% $0 0.00% 1 0.33% $0 0.00% 1 0.33% $0 0.00% 3 0.990 $0 0.00% Page 1 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {07/01/2003) And {09/30/2003) and District = 11001" Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 23 7.64% $0 0.00% 6 Good Intent Call 600 Good intent call, Other 611 Dispatched & canceled en route 650 Steam, Other gas mistaken for smoke, Other 651 Smoke scare, odor of smoke 671 Hazmat release investigation w/ no hazmat 7 False Alarm & False Call 700 False alarm or false call, Other 730 System malfunction, Other 733 Smoke detector activation due to 734 Heat detector activation due to malfunction 735 Alarm system sounded due to malfunction 740 Unintentional transmission of alarm, Other 743 Smoke detector activation, no fire - 745 Alarm system sounded, no fire - 746 Carbon monoxide detector activation, no CO Total Incident Count: 301 3 0.99% $0 0.00% 2 0.66% $0 0.00% 1 0.33% $0 0.00% 2 0.66% $0 0.00% 1 0.33% $0 0.00% 9 2.99% $0 0.00% 4 1.32% $0 0.00% 5 1.66% $0 0.00% 2 0.66% $0 0.00% 2 0.66% $0 0.00% 4 1.32% $0 0.00% 5 1.66% $0 0.00% 2 0.66% $0 0.00% 4 1.32% $0 0.00% 2 0.66% $0 0.00% 30 9.96% $0 0.00% Total Est Loss: $0 10 /07 /2003 09:09 Page 2 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {07/01/2003) And (09/30/2003} and District = 11002" f bey � Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 1 Fire 137 Camper or recreational vehicle (RV) fire 143 Grass fire 3 Rescue & Emergency Medical Service Incidents 300 Rescue, emergency medical (EMS) call, Other 311 Medical assist, assist EMS crew 321 EMS call, excluding vehicle accident with 321A Patient Refusal 322 Vehicle accident with injuries 323 Motor vehicle/pedestrian accident (MV Ped) 353 Removal of victim(s) from stalled elevator 4 Hazardous Conditions (No fire) 444 Power line down 445 Arcing, shorted electrical equipment 5 Service Call 551 Assist police or other governmental agency 6 Good Intent Call 600 Good intent call, Other 611 Dispatched & canceled en route 7 False Alarm & False Call 700 False alarm or false call, Other 721 Bomb scare - no bomb 730 System malfunction, Other 733 Smoke detector activation due to 735 Alarm system sounded due to malfunction 743 Smoke detector activation, no fire - 744 Detector activation, no fire - 10 /07 /2003 09:10 1 0.75% $0 0.00% 1 0.75% $0 0.00% 2 1.51% $0 0.00% 1 0.75% $0 0.00% 1 0.75% $0 0.00% 76 57.57% $0 0.00% 19 14.39% $0 0.00% 3 2.27% $0 0.00% 1 0.75% $0 0.00% 1 0.75% $0 0.00% 102 77.27% $0 0.00% 1 0.75% $0 0.00% 1 0.75% $0 0.00% 2 1.51% $0 0.00% 1 0.75% $0 0.00% 1 0.75% $0 0.00% 2 1.51% $0 0.00% 1 0.75% $0 0.00% 3 2.27$ $0 0.00% 2 1.51% $0 0.00% 1 0.75% $0 0.00% 4 3.03% $0 0.00% 6 4.54% $0 0.00% 4 3.03% $0 0.00% 3 2.27% $0 0.00% 1 0.75% $0 0.00% Page 1 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {07/01/2003} And (09/30/2003) and District = 11002" Pct of Total Incident Type Count Incidents Est Loss 7 False Alarm & False Call 745 Alarm system sounded, no fire - 1 0.75% $0 Total Incident Count: 132 22 16.665 Total Est Loss: $0 $0 Pct of Losses 0.00% 0.00% 10/07/2003 09:10 Page 2 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between (07/01/2003) And {09/30/2003) and District = 11003" Coo, -Ib Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 1 Fire 100 Fire, Other 2 4.34% $0 0.00% 154 Dumpster or other outside trash receptacle 1 2.17% $0 0.00% 3 6.52% $0 0.00% 3 Rescue & Emergency Medical Service Incidents 321 EMS call, excluding vehicle accident with 28 60.86% $0 0.00% 321A Patient Refusal 9 19.56% $0 0.00% 322 Vehicle accident with injuries 1 2.17% $0 0.00% 38 82.60% $0 0.00% 4 Hazardous Conditions (No fire) 413 Oil or other combustible liquid spill 1 2.17% $0 0.00% 1 2.17% $0 0.0096 6 Good Intent Call 611 Dispatched & canceled en route 1 2.17% $0 0.00% 1 2.17% $0 0.00% 7 False Alarm & False Call 740 Unintentional transmission of alarm, Other 1 2.17% $0 0.00% 743 Smoke detector activation, no fire - 1 2.17% $0 0.00% 745 Alarm system sounded, no fire - 1 2.17% $0 0.00% 3 6.525 $0 0.00% Total Incident Count: 46 Total Est Loss: $0 10/07/2003 09:10 Page 1 5 Service Call 571 Cover assignment, standby, moveup 6 Good Intent Call 611 Dispatched & canceled en route Total Incident Count: 7 10/07/2003 09:11 1 14.28% 1 14.28% 1 14.28% 1 14.28% Total Est Loss: $0 Cape Canaveral Volunteer Fire Department 0.00% $0 0.00% Incident Type Report (Summary) Alarm Date Between {07/01/2003} And {09/30/2003) and District = 11004" rAu�vaj A,d Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 1 Fire 100 Fire, Other 1 14.280 $0 0.00% 111 Building fire 3 42.85% $0 0.00% 141 Forest, woods or wildland fire 1 14.280 $0 0.00% 5 71.42% $0 0.00% 5 Service Call 571 Cover assignment, standby, moveup 6 Good Intent Call 611 Dispatched & canceled en route Total Incident Count: 7 10/07/2003 09:11 1 14.28% 1 14.28% 1 14.28% 1 14.28% Total Est Loss: $0 0.00% $0 0.00% $0 0.00% $0 0.00% M Page 1 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2003} And {09/30/2003} Po RT" and District = "002" and Property Use = 11170" C2ai's C T,earn I'VA1 Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other 05:38:00 86 Investigate 735 Alarm system sounded due to 03-0000186-000 ------------------------------------------------------------------------------------------------ 03-0000009-000 01/02/2003 13:53:00 30 Emergency medical 321A Patient Refusal 03-0000187-000 03-0000010-000 01/02/2003 14:37:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000015-000 01/04/2003 10:14:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000016-000 01/04/2003 11:54:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000017-000 01/04/2003 19:26:00 86 Investigate 735 Alarm system sounded due to 03-0000019-000 01/05/2003 07:15:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000049-000 01/12/2003 09:04:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000065-000 01/16/2003 11:20:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000066-000 01/16/2003 14:25:00 86 Investigate 700 False alarm or false call, 03-0000069-000 01/17/2003 00:54:00 86 Investigate 734 Heat detector activation 03-0000072-000 01/18/2003 12:08:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000075-000 01/19/2003 11:35:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000081-000 01/20/2003 10:54:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000092-000 01/21/2003 23:25:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000093-000 01/22/2003 06:51:00 86 Investigate 744 Detector activation, no 03-0000097-000 01/23/2003 06:08:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000108-000 01/26/2003 11:17:00 86 Investigate 735 Alarm system sounded due to 03-0000110-000 01/26/2003 23:20:00 86 Investigate 730 System malfunction, Other 03-0000119-000 01/27/2003 23:22:00 86 Investigate 730 System malfunction, Other 03-0000125-000 01/29/2003 18:35:00 86 Investigate 730 System malfunction, Other 03-0000127-000 01/30/2003 09:17:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000132-000 01/31/2003 21:24:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 03-0000142-000 02/02/2003 09:25:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000154-000 02/03/2003 23:58:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000175-000 02/07/2003 18:48:00 86 Investigate 734 Heat detector activation 03-0000178-000 02/08/2003 07:09:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000185-000 02/09/2003 05:38:00 86 Investigate 735 Alarm system sounded due to 03-0000186-000 02/09/2003 08:24:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000187-000 02/09/2003 12:33:00 86 Investigate 730 System malfunction, Other 03-0000211-000 02/13/2003 08:00:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000212-000 02/13/2003 08:48:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000222-000 02/15/2003 08:04:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000243-000 02/20/2003 12:57:00 86 Investigate 721 Bomb scare - no bomb 03-0000269-000 02/27/2003 10:09:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000272-000 02/27/2003 13:01:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000276-000 02/28/2003 19:52:00 30 Emergency medical 300 Rescue, emergency medical 03-0000277-000 02/28/2003 23:28:00 86 Investigate 733 Smoke detector activation 03-0000279-000 03/01/2003 17:08:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000283-000 03/02/2003 06:11:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000285-000 03/02/2003 09:42:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000292-000 03/04/2003 13:28:00 86 Investigate 730 System malfunction, Other 03-0000300-000 03/06/2003 00:00:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000303-000 03/06/2003 12:50:00 86 Investigate 733 Smoke detector activation 10/07/2003 09:19 Page 1 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2003} And {09/30/2003} and District = "002" and Property Use = 11170" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other ------------------------------------------------------------------------------------------------- 03-0000304-000 03/06/2003 13:50:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000311-000 03/08/2003 05:34:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000312-000 03/08/2003 08:12:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000318-000 03/09/2003 01:26:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000320-000 03/09/2003 05:48:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000350-000 03/13/2003 16:16:00 30 Emergency medical 311 Medical assist, assist EMS 03-0000378-000 03/16/2003 13:59:54 32 Provide basic life 321 EMS call, excluding vehicle 03-0000397-000 03/19/2003 10:32:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000406-000 03/21/2003 10:39:00 86 Investigate 745 Alarm system sounded, no 03-0000418-000 03/23/2003 07:19:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000446-000 03/28/2003 15:33:00 86 Investigate 113 Cooking fire, confined to 03-0000463-000 03/31/2003 05:40:00 86 Investigate 744 Detector activation, no 03-0000476-000 04/03/2003 11:27:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000487-000 04/05/2003 20:36:00 92 Standby 721 Bomb scare - no bomb 03-0000492-000 04/07/2003 13:53:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000515-000 04/12/2003 07:54:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000532-000 04/15/2003 14:21:00 86 Investigate 743 Smoke detector activation, 03-0000542-000 04/17/2003 08:42:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000546-000 04/18/2003 00:00:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 03-0000554-000 04/20/2003 14:26:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000568-000 04/24/2003 12:05:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000572-000 04/25/2003 10:33:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000603-000 04/29/2003 10:15:00 80 Information, 743 Smoke detector activation, 03-0000611-000 05/01/2003 06:01:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000620-000 05/04/2003 01:42:00 31 Provide first aid & 321A Patient Refusal 03-0000621-000 05/04/2003 01:43:52 30 Emergency medical 321 EMS call, excluding vehicle 03-0000644-000 05/08/2003 08:10:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000656-000 05/11/2003 00:37:00 92 Standby 551 Assist police or other 03-0000657-000 05/11/2003 10:05:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000691-000 05/19/2003 13:06:00 64 Shut down system 741 Sprinkler activation, no 03-0000704-000 05/22/2003 06:16:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000724-000 05/26/2003 10:37:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000728-000 05/27/2003 07:43:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000750-000 06/01/2003 12:40:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000759-000 06/03/2003 07:35:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000766-000 06/03/2003 17:59:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000774-000 06/05/2003 03:04:00 86 Investigate 743 Smoke detector activation, 03-0000776-000 06/05/2003 05:38:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000777-000 06/05/2003 07:19:00 86 Investigate 733 Smoke detector activation 03-0000778-000 06/05/2003 09:15:00 32 Provide basic life 321A Patient Refusal 03-0000786-000 06/06/2003 12:27:00 44 Hazardous materials 411 Gasoline or other flammable 03-0000790-000 06/07/2003 17:33:00 86 Investigate 700 False alarm or false call, 03-0000794-000 06/08/2003 05:59:00 32 Provide basic life 321 EMS call, excluding vehicle 10/07/2003 09:19 Page 2 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2003} And {09/30/2003} and District = "002" and Property Use = 11170" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other 09:00:00 92 Standby 571 Cover assignment, standby, 03-0000890-000 06/28/2003 ------------------------------------------------------------------------------ 03-0000795-000 06/08/2003 07:26:00 30 Emergency medical 321 EMS call, — — — ------------- excluding vehicle 03-0000823-000 06/14/2003 07:29:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000825-000 06/14/2003 10:46:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000832-000 06/15/2003 04:18:00 86 Investigate 733 Smoke detector activation 03-0000833-000 06/15/2003 06:17:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000849-000 06/18/2003 14:57:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000856-000 06/21/2003 07:15:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000864-000 06/22/2003 16:00:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000877-000 06/25/2003 18:48:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000880-000 06/26/2003 06:55:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000881-000 06/26/2003 07:07:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000888-000 06/28/2003 09:00:00 92 Standby 571 Cover assignment, standby, 03-0000890-000 06/28/2003 15:04:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000898-000 06/29/2003 10:55:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000900-000 06/30/2003 08:54:00 86 Investigate 710 Malicious, mischievous 03-0000908-000 07/03/2003 00:05:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000910-000 07/03/2003 02:25:00 86 Investigate 733 Smoke detector activation 03-0000911-000 07/03/2003 05:34:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000913-000 07/03/2003 09:21:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000914-000 07/03/2003 09:42:00 23 Extricate, 353 Removal of victim(s) from 03-0000920-000 07/04/2003 16:02:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000928-000 07/05/2003 20:12:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000929-000 07/05/2003 22:37:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0000931-000 07/06/2003 05:32:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000962-000 07/11/2003 07:20:00 86 Investigate 743 Smoke detector activation, 03-0000965-000 07/12/2003 01:03:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000967-000 07/12/2003 08:11:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000988-000 07/14/2003 00:01:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001000-000 07/15/2003 22:18:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001011-000 07/19/2003 01:58:00 31 Provide first aid & 321 EMS call, excluding vehicle 03-0001012-000 07/19/2003 06:47:00 31 Provide first aid & 321 EMS call, excluding vehicle 03-0001023-000 07/21/2003 02:52:00 86 Investigate 733 Smoke detector activation 03-0001038-000 07/26/2003 01:24:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001039-000 07/26/2003 01:34:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001041-000 07/26/2003 07:26:00 32 Provide basic life 321A Patient Refusal 03-0001049-000 07/27/2003 10:05:00 32 Provide basic life 321A Patient Refusal 03-0001059-000 07/29/2003 10:54:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0001072-000 07/31/2003 00:39:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001082-000 08/02/2003 11:19:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001085-000 08/03/2003 12:27:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001100-000 08/07/2003 11:50:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0001112-000 08/10/2003 16:53:00 86 Investigate 730 System malfunction, Other 03-0001113-000 08/11/2003 00:21:00 86 Investigate 733 Smoke detector activation 10/07/2003 09:19 Page 3 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2003} And {09/30/2003} and District = "002" and Property Use = "170" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other ------------------------------------------------------------------------------------------ 03-0001127-000 08/13/2003 19:50:00 86 Investigate 733 — ----- Smoke detector activation 03-0001137-000 08/16/2003 05:41:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001138-000 08/16/2003 06:55:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 03-0001139-000 08/16/2003 08:26:00 30 Emergency medical 321A Patient Refusal 03-0001140-000 08/16/2003 13:08:00 30 Emergency medical 321A Patient Refusal 03-0001148-000 08/18/2003 04:53:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001156-000 08/20/2003 10:17:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001164-000 08/22/2003 18:43:00 86 Investigate 733 Smoke detector activation 03-0001167-000 08/23/2003 08:06:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 03-0001181-000 08/25/2003 16:02:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0001203-000 08/28/2003 15:49:00 86 Investigate 743 Smoke detector activation, 03-0001207-000 08/29/2003 17:53:00 86 Investigate 735 Alarm system sounded due to 03-0001211-000 08/30/2003 09:07:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001214-000 08/30/2003 11:24:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001215-000 08/30/2003 13:29:00 32 Provide basic life 321A Patient Refusal 03-0001218-000 08/30/2003 14:49:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001234-000 09/02/2003 22:08:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001242-000 09/04/2003 06:34:00 86 Investigate 743 Smoke detector activation, 03-0001254-000 09/06/2003 02:32:00 86 Investigate 735 Alarm system sounded due to 03-0001255-000 09/06/2003 11:16:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0001261-000 09/07/2003 07:48:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001272-000 09/09/2003 19:23:00 86 Investigate 730 System malfunction, Other 03-0001282-000 09/11/2003 05:55:00 92 Standby 721 Bomb scare - no bomb 03-0001288-000 09/13/2003 01:32:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001291-000 09/13/2003 13:10:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001295-000 09/14/2003 01:01:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001297-000 09/14/2003 09:35:00 70 Assistance, Other 611 Dispatched & canceled en 03-0001308-000 09/16/2003 02:04:00 86 Investigate 733 Smoke detector activation 03-0001312-000 09/17/2003 08:52:00 86 Investigate 744 Detector activation, no 03-0001322-000 09/19/2003 19:15:00 86 Investigate 735 Alarm system sounded due to 03-0001326-000 09/20/2003 08:31:00 32 Provide basic life 321A Patient Refusal 03-0001327-000 09/20/2003 11:07:00 86 Investigate 700 False alarm or false call, 03-0001338-000 09/21/2003 11:07:00 86 Investigate 730 System malfunction, Other 03-0001343-000 09/23/2003 09:55:00 86 Investigate 700 False alarm or false call, 03-0001348-000 09/23/2003 18:38:00 86 Investigate 735 Alarm system sounded due to 03-0001352-000 09/24/2003 11:41:00 86 Investigate 730 System malfunction, Other 03-0001359-000 09/25/2003 16:24:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001366-000 09/27/2003 06:15:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001367-000 -------------------------- 09/27/2003 — 08:10:00 --------------------------------------------------------------------- 30 Emergency medical 321A Patient Refusal Subtotal Count 168 Percent of All 100.00 % 10/07/2003 09:19 Page 4 Total Count 168 Cape Canaveral Volunteer Fire Department Q)D0 .Z Property Use Report Alarm Date Between {01/01/2002} And {12/31/2002} and District = 11002" and Property Use = 11170" I?o 2{' C au► E -eRm 1VA is Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other -------------------------------------------------- 02-0000017-000 01/06/2002 10:05:00 32 ---------------------------------------------- Provide basic life 321 EMS call, excluding vehicle 02-0000018-000 01/06/2002 10:35:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000019-000 01/06/2002 11:29:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000021-000 01/06/2002 19:20:00 86 Investigate 733 Smoke detector activation 02-0000034-000 01/08/2002 21:10:00 11 Extinguish 151 Outside rubbish, trash or 02-0000037-000 01/10/2002 16:32:00 33 Provide advanced life 300 Rescue, emergency medical 02-0000046-000 01/12/2002 12:04:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000047-000 01/12/2002 13:39:00 71 Assist physically 510 Person in distress, Other 02-0000053-000 01/13/2002 08:20:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000086-000 01/20/2002 07:46:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000087-000 01/20/2002 09:39:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000096-000 01/22/2002 11:24:00 33 Provide advanced life 300 Rescue, emergency medical 02-0000105-000 01/24/2002 05:22:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000115-000 01/27/2002 07:39:03 30 Emergency medical 321 EMS call, excluding vehicle 02-0000129-000 01/30/2002 19:07:00 86 Investigate 730 System malfunction, Other 02-0000132-000 01/31/2002 03:30:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000135-000 01/31/2002 16:02:00 32 Provide basic life 300 Rescue, emergency medical 02-0000141-000 02/02/2002 15:21:00 33 Provide advanced life 300 Rescue, emergency medical 02-0000144-000 02/03/2002 16:07:00 32 Provide basic life 300 Rescue, emergency medical 02-0000160-000 02/07/2002 05:17:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 02-0000162-000 02/07/2002 09:53:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000166-000 02/07/2002 15:22:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000167-000 02/07/2002 17:13:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000182-000 02/10/2002 14:30:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000188-000 02/11/2002 16:29:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000196-000 02/13/2002 18:10:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000222-000 02/20/2002 00:30:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000226-000 02/21/2002 08:42:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000227-000 02/21/2002 09:37:00 23 Extricate, 353 Removal of victim(s) from 02-0000246-000 02/25/2002 09:03:00 86 Investigate 735 Alarm system sounded due to 02-0000267-000 03/02/2002 09:17:00 86 Investigate 321 EMS call, excluding vehicle 02-0000287-000 03/07/2002 09:47:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000294-000 03/08/2002 19:16:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000300-000 03/10/2002 00:49:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000328-000 03/16/2002 02:58:00 86 Investigate 735 Alarm system sounded due to 02-0000355-000 03/22/2002 09:38:00 86 Investigate 745 Alarm system sounded, no 02-0000363-000 03/24/2002 07:32:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000367-000 03/24/2002 11:36:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000373-000 03/25/2002 10:49:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000399-000 03/31/2002 06:34:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000408-000 04/01/2002 16:03:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000418-000 04/04/2002 15:58:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000444-000 04/11/2002 10:32:00 32 Provide basic life 321 EMS call, excluding vehicle 10/07/2003 09:38 Page 1 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2002} And {12/31/2002} and District = 11002" and Property Use = 11170" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other ------------------------------------------------------------------------------------------------ 02-0000456-000 04/13/2002 22:41:00 33 Provide advanced life 321A Patient Refusal 02-0000464-000 04/16/2002 23:23:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000472-000 04/18/2002 14:42:00 86 Investigate 745 Alarm system sounded, no 02-0000490-000 04/22/2002 00:14:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000497-000 04/22/2002 21:58:00 86 Investigate 733 Smoke detector activation 02-0000500-000 04/23/2002 11:17:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000528-000 04/28/2002 13:21:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000530-000 04/28/2002 16:40:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000590-000 05/11/2002 12:59:00 44 Hazardous materials 411 Gasoline or other flammable 02-0000621-000 05/16/2002 23:25:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000632-000 05/18/2002 13:57:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000634-000 05/18/2002 14:20:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000636-000 05/18/2002 16:50:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000655-000 05/22/2002 16:36:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 02-0000658-000 05/23/2002 09:06:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000661-000 05/23/2002 14:52:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000668-000 05/25/2002 09:00:00 92 Standby 571 Cover assignment, standby, 02-0000685-000 05/28/2002 20:12:00 86 Investigate 744 Detector activation, no 02-0000688-000 05/30/2002 06:46:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000690-000 05/30/2002 11:58:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000697-000 06/01/2002 06:16:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000703-000 06/02/2002 07:31:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000706-000 06/02/2002 11:50:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000711-000 06/03/2002 01:07:00 86 Investigate 744 Detector activation, no 02-0000752-000 06/12/2002 07:48:00 86 Investigate 744 Detector activation, no 02-0000770-000 06/16/2002 08:08:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000772-000 06/16/2002 09:37:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000775-000 06/17/2002 14:14:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000789-000 06/20/2002 10:53:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 02-0000829-000 06/29/2002 22:34:00 92 Standby 721 Bomb scare - no bomb 02-0000840-000 07/01/2002 11:11:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000848-000 07/03/2002 09:57:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000853-000 07/04/2002 06:14:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0000866-000 07/06/2002 13:06:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000870-000 07/07/2002 05:51:00 70 Assistance, Other 321 EMS call, excluding vehicle 02-0000883-000 07/10/2002 00:17:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000889-000 07/11/2002 05:45:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000890-000 07/11/2002 06:56:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0000907-000 07/14/2002 16:49:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 02-0000944-000 07/22/2002 23:18:00 86 Investigate 744 Detector activation, no 02-0000945-000 07/23/2002 00:45:00 86 Investigate 744 Detector activation, no 02-0000957-000 07/24/2002 12:26:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0000966-000 07/26/2002 00:59:00 32 Provide basic life 321 EMS call, excluding vehicle 10/07/2003 09:38 Page 2 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2002} And {12/31/2002} and District = 11002" and Property Use = 11170" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other -------------------------------------------------------------------------------------------------- 02-0000982-000 07/27/2002 14:37:00 84 Refer to proper 735 Alarm system sounded due to 02-0000985-000 07/28/2002 05:46:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0001007-000 08/01/2002 09:01:00 22 Rescue, remove from 500 Service Call, Other 02-0001020-000 08/03/2002 01:26:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001102-000 08/17/2002 07:53:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001135-000 08/24/2002 05:27:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0001160-000 08/30/2002 01:41:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001170-000 09/01/2002 07:12:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001171-000 09/01/2002 07:33:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001188-000 09/05/2002 09:29:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001189-000 09/05/2002 13:08:00 86 Investigate 735 Alarm system sounded due to 02-0001190-000 09/05/2002 13:47:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001210-000 09/11/2002 00:03:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001225-000 09/15/2002 06:50:00 32 Provide basic life 300 Rescue, emergency medical 02-0001235-000 09/19/2002 03:52:00 86 Investigate 733 Smoke detector activation 02-0001239-000 09/19/2002 15:16:00 92 Standby 721 Bomb scare - no bomb 02-0001241-000 09/20/2002 11:28:00 86 Investigate 745 Alarm system sounded, no 02-0001248-000 09/22/2002 08:31:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001260-000 09/24/2002 14:03:00 80 Information, 740 Unintentional transmission 02-0001266-000 09/26/2002 06:49:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001283-000 09/29/2002 01:02:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001285-000 09/29/2002 08:18:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0001287-000 09/29/2002 10:11:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001304-000 10/03/2002 07:10:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001305-000 10/03/2002 07:59:00 92 Standby 551 Assist police or other 02-0001317-000 10/05/2002 08:14:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001328-000 10/08/2002 07:07:00 86 Investigate 733 Smoke detector activation 02-0001331-000 10/09/2002 00:44:00 86 Investigate 735 Alarm system sounded due to 02-0001354-000 10/13/2002 03:53:00 86 Investigate 733 Smoke detector activation 02-0001364-000 10/17/2002 09:15:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001366-000 10/17/2002 11:19:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001373-000 10/20/2002 01:20:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 02-0001375-000 10/20/2002 06:29:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001398-000 10/24/2002 16:36:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001400-000 10/24/2002 17:50:00 93 Cancelled enroute 321 EMS call, excluding vehicle 02-0001416-000 10/27/2002 13:00:00 931 Cancelled Onscene 300 Rescue, emergency medical 02-0001466-000 11/07/2002 04:34:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0001467-000 11/07/2002 08:37:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001468-000 11/07/2002 10:07:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001481-000 11/09/2002 01:04:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 02-0001484-000 11/09/2002 17:58:00 86 Investigate 735 Alarm system sounded due to 02-0001488-000 11/10/2002 12:49:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001499-000 11/13/2002 19:18:00 32 Provide basic life 321 EMS call, excluding vehicle 10/07/2003 09:38 Page 3 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2002} And {12/31/2002} and District = "002" and Property Use = 11170" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other ------------------------------------------------------------------------------------------------- 02-0001519-000 11/18/2002 10:37:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0001547-000 11/22/2002 01:38:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0001555-000 11/23/2002 12:19:00 31 Provide first aid & 321 EMS call, excluding vehicle 02-0001558-000 11/23/2002 17:04:00 92 Standby 551 Assist police or other 02-0001564-000 11/24/2002 13:24:00 93 Cancelled enroute 321 EMS call, excluding vehicle 02-0001599-000 12/05/2002 19:01:00 33 Provide advanced life 321 EMS call, excluding vehicle 02-0001601-000 12/07/2002 07:03:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0001604-000 12/07/2002 12:46:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001607-000 12/08/2002 01:03:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 02-0001612-000 12/09/2002 09:22:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001652-000 12/19/2002 08:56:00 32 Provide basic life 321 EMS call, excluding vehicle 02-0001679-000 12/25/2002 18:36:00 86 Investigate 700 False alarm or false call, 02-0001680-000 12/25/2002 19:27:00 86 Investigate 700 False alarm or false call, 02-0001681-000 12/26/2002 11:37:00 75 Provide equipment 551 Assist police or other 02-0001686-000 12/27/2002 18:54:00 86 Investigate 735 Alarm system sounded due to 02-0001689-000 12/28/2002 07:06:00 30 Emergency medical 321 EMS call, excluding vehicle 02-0001691-000 12/28/2002 12:17:00 33 Provide advanced life 321 EMS call, excluding vehicle Subtotal Count 146 Percent of All 100.00% Total Count 146 10/07/2003 09:38 Page 4 Cape Canaveral Volunteer Fire Department o.00l Property Use Report Alarm Date Between {01/01/2001} And {12/31/2001} and District = 11002" and Property Use = 11170" CRUISE TeRm�NA(s Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other Rescue, remove from 320 06:03:00 22 ------------------------------------------------------------------------------------------------- 01-0000008-000 01/04/2001 05:33:00 30 Emergency medical 321 EMS call, excluding vehicle 01-0000012-000 01/04/2001 13:10:00 30 Emergency medical 321 EMS call, excluding vehicle 01-0000013-000 01/04/2001 13:37:00 30 Emergency medical 323 Motor vehicle/pedestrian 01-0000014-000 01/04/2001 13:44:00 30 Emergency medical 323 Motor vehicle/pedestrian 01-0000024-000 01/07/2001 11:37:00 22 Rescue, remove from 321 EMS call, excluding vehicle 01-0000044-000 01/11/2001 14:10:00 22 Rescue, remove from 321 EMS call, excluding vehicle 01-0000047-000 01/11/2001 15:54:00 22 Rescue, remove from 321 EMS call, excluding vehicle 01-0000053-000 01/13/2001 11:30:00 22 Rescue, remove from 320 Emergency medical service, 01-0000054-000 01/13/2001 11:42: 22 Rescue, remove from 320 Emergency medical service, 01-0000056-000 01/14/2001 01:06:00 22 Rescue, remove from 300 Rescue, emergency medical 01-0000058-000 01/14/2001 09:48:00 22 Rescue, remove from 320 Emergency medical service, 01-0000060-000 01/14/2001 12:03:00 22 Rescue, remove from 320 Emergency medical service, 01-0000071-000 01/15/2001 16:17:00 22 Rescue, remove from 320 Emergency medical service, 01-0000087-000 01/18/2001 05:48:00 22 Rescue, remove from 320 Emergency medical service, 01-0000093-000 01/19/2001 10:02:00 86 Investigate 730 System malfunction, Other 01-0000095-000 01/19/2001 20:51:00 86 Investigate 730 System malfunction, Other 01-0000110-000 01/25/2001 86 Investigate 730 System malfunction, Other 01-0000118-000 01/28/2001 05:37:00 86 Investigate 730 System malfunction, Other 01-0000119-000 01/28/2001 08:10:00 86 Investigate 740 Unintentional transmission 01-0000148-000 02/05/2001 11:24:00 86 Investigate 740 Unintentional transmission 01-0000157-000 02/06/2001 01-0000161-000 02/08/2001 01-0000170-000 02/09/2001 01-0000184-000 02/11/2001 01-0000190-000 02/13/2001 01-0000208-000 02/18/2001 01-0000211-000 02/18/2001 01-0000233-000 02/22/2001 01-0000234-000 02/22/2001 01-0000246-000 02/25/2001 01-0000254-000 02/26/2001 01-0000258-000 02/27/2001 01-0000266-000 03/01/2001 01-0000267-000 03/01/2001 01-0000278-000 03/04/2001 01-0000291-000 03/08/2001 01-0000292-000 03/08/2001 01-0000306-000 03/11/2001 01-0000307-000 03/11/2001 01-0000330-000 03/15/2001 01-0000359-000 03/22/2001 01-0000361-000 03/22/2001 01-0000367-000 03/23/2001 16:29: 22 Rescue, remove from 320 06:03:00 22 Rescue, remove from 320 16:23: 86 Investigate 710 09:58:00 22 Rescue, remove from 320 23:15:00 22 Rescue, remove from 320 10:43:00 22 Rescue, remove from 320 14:32:00 22 Rescue, remove from 320 07:07:00 22 Rescue, remove from 320 09:00:00 22 Rescue, remove from 320 08:30:00 22 Rescue, remove from 320 16:49:00 22 Rescue, remove from 320 13:40:00 86 Investigate 740 15:23:00 86 Investigate 740 16:58:00 22 Rescue, remove from 320 07:52:00 22 Rescue, remove from 320 05:59:00 30 Emergency medical 321 07:36:00 32 Provide basic life 321 00:03:00 30 Emergency medical 321 06:12:00 32 Provide basic life 300 14:54:00 31 Provide first aid & 321 14:21:00 32 Provide basic life 300 15:57:00 32 Provide basic life 321 11:37:50 86 Investigate 740 Emergency medical service, Emergency medical service, Malicious, mischievous Emergency medical service, Emergency medical service, Emergency medical service, Emergency medical service, Emergency medical service, Emergency medical service, Emergency medical service, Emergency medical service, Unintentional transmission Unintentional transmission Emergency medical service, Emergency medical service, EMS call, excluding vehicle EMS call, excluding vehicle EMS call, excluding vehicle Rescue, emergency medical EMS call, excluding vehicle Rescue, emergency medical EMS call, excluding vehicle Unintentional transmission 10/07/2003 09:42 Page 1 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2001} And {12/31/2001} and District = 11002" and Property Use = 11170" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other 08:30:00 92 Standby ------------------------------------------------------------------------------------------------- 01-0000370-000 03/24/2001 04:19:52 30 Emergency medical 321 EMS call, excluding vehicle 01-0000372-000 03/24/2001 08:49:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0000399-000 03/31/2001 14:12:00 86 Investigate 733 Smoke detector activation 01-0000400-000 03/31/2001 15:34:00 86 Investigate 733 Smoke detector activation 01-0000402-000 03/31/2001 15:53:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0000411-000 04/02/2001 11:45:00 63 Restore fire alarm 743 Smoke detector activation, 01-0000412-000 04/02/2001 12:33:00 63 Restore fire alarm 743 Smoke detector activation, 01-0000468-000 04/15/2001 01:07:00 30 Emergency medical 321 EMS call, excluding vehicle 01-0000469-000 04/15/2001 08:19:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0000519-000 04/26/2001 10:20:00 60 Systems and services, 740 Unintentional transmission 01-0000521-000 04/26/2001 13:34:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0000526-000 04/26/2001 23:06:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0000537-000 04/29/2001 01:42:04 30 Emergency medical 321 EMS call, excluding vehicle 01-0000553-000 05/03/2001 09:00:00 32 Provide basic life 300 Rescue, emergency medical 01-0000561-000 05/04/2001 18:32:00 30 Emergency medical 300 Rescue, emergency medical 01-0000577-000 05/09/2001 15:02:00 63 Restore fire alarm 735 Alarm system sounded due to 01-0000582-000 05/10/2001 11:23:58 30 Emergency medical 321 EMS call, excluding vehicle 01-0000583-000 05/10/2001 11:35:13 30 Emergency medical 321 EMS call, excluding vehicle 01-0000586-000 05/10/2001 23:01:00 30 Emergency medical 321 EMS call, excluding vehicle 01-0000587-000 05/10/2001 23:16:00 86 Investigate 730 System malfunction, Other 01-0000597-000 05/12/2001 08:28:00 86 Investigate 111 Building fire 01-0000601-000 05/12/2001 08:30:00 92 Standby 571 Cover assignment, standby, 01-0000603-000 05/12/2001 14:01:00 86 Investigate 745 Alarm system sounded, no 01-0000630-000 05/19/2001 14:15:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0000646-000 05/23/2001 11:06:00 86 Investigate 730 System malfunction, Other 01-0000652-000 05/24/2001 07:21:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0000679-000 05/30/2001 14:03:00 86 Investigate 700 False alarm or false call, 01-0000717-000 06/09/2001 02:11:00 86 Investigate 700 False alarm or false call, 01-0000720-000 06/09/2001 17:19:37 86 Investigate 745 Alarm system sounded, no 01-0000756-000 06/17/2001 09:22:00 30 Emergency medical 300 Rescue, emergency medical 01-0000761-000 06/19/2001 09:32:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0000771-000 06/21/2001 06:03:00 32 Provide basic life 300 Rescue, emergency medical 01-0000840-000 07/05/2001 09:59:00 32 Provide basic life 300 Rescue, emergency medical 01-0000859-000 07/10/2001 00:24:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0000895-000 07/22/2001 00:43:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0000906-000 07/23/2001 23:58:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0000915-000 07/25/2001 00:02:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0000918-000 07/25/2001 14:11:00 86 Investigate 730 System malfunction, Other 01-0000939-000 07/29/2001 07:09:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0000956-000 08/02/2001 00:12:00 31 Provide first aid & 321 EMS call, excluding vehicle 01-0000957-000 08/02/2001 05:40:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0000959-000 08/02/2001 09:14:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0000960-000 08/02/2001 16:03:00 32 Provide basic life 321 EMS call, excluding vehicle 10/07/2003 09:42 Page 2 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {01/01/2001} And {12/31/2001} and District = "002" and Property Use = 11170" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other ------------------------------------------------------------------ 01-0000977-000 08/05/2001 19:11:38 32 Provide basic life 321 EMS call, ------------ excluding vehicle 01-0001004-000 08/12/2001 15:55:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001017-000 08/16/2001 08:39:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 01-0001026-000 08/18/2001 08:17:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001033-000 08/19/2001 14:02:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001034-000 08/19/2001 14:21:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001035-000 08/19/2001 16:12:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 01-0001044-000 08/22/2001 11:45:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 01-0001051-000 08/23/2001 06:45:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001055-000 08/24/2001 07:19:00 86 Investigate 730 System malfunction, Other 01-0001056-000 08/24/2001 07:34:00 86 Investigate 730 System malfunction, Other 01-0001071-000 08/26/2001 15:33:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001082-000 08/30/2001 07:00:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001130-000 09/09/2001 08:07:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0001135-000 09/10/2001 10:35:00 86 Investigate 730 System malfunction, Other 01-0001150-000 09/12/2001 16:43:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001164-000 09/15/2001 14:38:00 92 Standby 721 Bomb scare - no bomb 01-0001166-000 09/16/2001 12:19:42 92 Standby 721 Bomb scare - no bomb 01-0001176-000 09/19/2001 07:48:00 86 Investigate 743 Smoke detector activation, 01-0001341-000 10/22/2001 01:07:00 63 Restore fire alarm 700 False alarm or false call, 01-0001347-000 10/23/2001 10:40:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0001350-000 10/23/2001 16:13:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001354-000 10/24/2001 16:15:00 84 Refer to proper 422 Chemical spill or leak 01-0001361-000 10/25/2001 12:37:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001365-000 10/26/2001 01:20:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001400-000 11/05/2001 20:17:00 86 Investigate 743 Smoke detector activation, 01-0001432-000 11/15/2001 02:48:00 86 Investigate 733 Smoke detector activation 01-0001433-000 11/15/2001 05:06:00 86 Investigate 730 System malfunction, Other 01-0001436-000 11/15/2001 14:47:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001438-000 11/17/2001 17:46:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0001440-000 11/18/2001 11:40:00 30 Emergency medical 321 EMS call, excluding vehicle 01-0001476-000 11/28/2001 11:50:00 30 Emergency medical 321 EMS call, excluding vehicle 01-0001498-000 12/03/2001 00:11:00 33 Provide advanced life 321 EMS call, excluding vehicle 01-0001555-000 12/18/2001 18:06:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001559-000 12/19/2001 03:17:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001562-000 12/19/2001 23:58:00 11 Extinguish 153 Construction or demolition 01-0001596-000 12/30/2001 08:22:00 32 Provide basic life 321 EMS call, excluding vehicle 01-0001599-000 ----------------------------------------------------------------------------------- 12/30/2001 16:13:00 32 Provide basic life 321 EMS call, excluding vehicle Subtotal Count 124 Percent of All 100.00 % Total Count 124 10/07/2003 09:42 Page 3 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {07/01/2003} And {09/30/2003} and District = 11002" R,.ok I)e-+ct; I Incident Alm Date Time Primary Action Taken Incident Type 110 Fixed use recreation places, Other -------------------------------------------------------------------- --- 03-0001201-000 08/28/2003 10:35:00 32 Provide basic life 321 EMS call, excluding vehicle ------------------------------------------------------------------------------------------------- Subtotal Count 1 Percent of All 0.75% 150 Public or government, Other Smoke detector activation 30 Emergency medical 321 EMS call, excluding vehicle 32 ------------------------------------------------------------------------------ 03-0001024-000 ------------------------------------------------------------------------------------------------- 07/21/2003 05:34:00 86 Investigate 23 Extricate, 600 Good intent call, Other - Subtotal Count 1 321 EMS call, excluding vehicle 33 Provide advanced life Percent of All 0.75% 160 Eating, drinking places ----------- 03-0000984- 00 07/13/2003 19:54:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001003-000 07/16/2003 22:38:00 32 Provide basic life 321A Patient Refusal 03-0001005-000 07/17/2003 15:47:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001026-000 07/22/2003 16:13:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001077-000 08/01/2003 11:21:00 73 Provide manpower 551 Assist police or other 03-0001117-000 08/12/2003 15:44:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001118-000 08/12/2003 16:22:00 32 Provide basic life 321A Patient Refusal 03-0001119-000 08/12/2003 16:38:00 32 Provide basic life 321A Patient Refusal 03-0001145-000 08/17/2003 18:51:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001154-000 08/20/2003 00:30:00 32 Provide basic life 321A Patient Refusal 03-0001172-000 08/23/2003 21:59:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001198-000 08/27/2003 23:47:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001217-000 08/30/2003 13:53:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001268-000 09/09/2003 08:16:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001299-000 09/14/2003 16:18:00 32 Provide basic life 321A Patient Refusal 03-0001342-000 09/22/2003 20:52:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001345-000 -------------------- ----------------------------------------------------------- 09/23/2003 _-------------------------------------------------------------------------- 12:28:00 32 Provide basic life ------------------------------------ 321 EMS call, excluding vehicle Subtotal Subtotal Count 17 Percent of All 12.87% 161 Restaurant or cafeteria - ------------------------------------------------------------------------------------ ----- 03-0000973-000 07/12/2003 17:16:00 32 Provide basic life 321 EMS call, excluding vehicle --------------------------------------------------------------------------------------------------- Subtotal Count 1 Percent of All 0.75% 170 Passenger terminal, Other 03-0000908-000 07/03/2003 00:05:00 03-0000910-000 07/03/2003 02:25:00 03-0000911-000 07/03/2003 05:34:00 03-0000913-000 07/03/2003 09:21:00 03-0000914-000 07/03/2003 09:42:00 03-0000920-000 07/04/2003 16:02:00 03-0000928-000 07/05/2003 20:12:00 ----------------------------------------- 33 Provide advanced life 321 EMS call, excluding vehicle 86 Investigate 733 Smoke detector activation 30 Emergency medical 321 EMS call, excluding vehicle 32 Provide basic life 321 EMS call, excluding vehicle 23 Extricate, 353 Removal of victim(s) from 32 Provide basic life 321 EMS call, excluding vehicle 33 Provide advanced life 321 EMS call, excluding vehicle 10/07/2003 09:18 Page 1 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {07/01/2003} And {09/30/2003} and District = 11002" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other -------------------------------------------------- 03-0000929-000 07/05/2003 22:37:00 33 ----------------------------------- Provide advanced life 321 EMS call, excluding vehicle 03-0000931-000 07/06/2003 05:32:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000962-000 07/11/2003 07:20:00 86 Investigate 743 Smoke detector activation, 03-0000965-000 07/12/2003 01:03:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0000967-000 07/12/2003 08:11:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0000988-000 07/14/2003 00:01:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001000-000 07/15/2003 22:18:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001011-000 07/19/2003 01:58:00 31 Provide first aid & 321 EMS call, excluding vehicle 03-0001012-000 07/19/2003 06:47:00 31 Provide first aid & 321 EMS call, excluding vehicle 03-0001023-000 07/21/2003 02:52:00 86 Investigate 733 Smoke detector activation 03-0001038-000 07/26/2003 01:24:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001039-000 07/26/2003 01:34:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001041-000 07/26/2003 07:26:00 32 Provide basic life 321A Patient Refusal 03-0001049-000 07/27/2003 10:05:00 32 Provide basic life 321A Patient Refusal 03-0001059-000 07/29/2003 10:54:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0001072-000 07/31/2003 00:39:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001082-000 08/02/2003 11:19:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001085-000 08/03/2003 12:27:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001100-000 08/07/2003 11:50:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0001112-000 08/10/2003 16:53:00 86 Investigate 730 System malfunction, Other 03-0001113-000 08/11/2003 00:21:00 86 Investigate 733 Smoke detector activation 03-0001127-000 08/13/2003 19:50:00 86 Investigate 733 Smoke detector activation 03-0001137-000 08/16/2003 05:41:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001138-000 08/16/2003 06:55:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 03-0001139-000 08/16/2003 08:26:00 30 Emergency medical 321A Patient Refusal 03-0001140-000 08/16/2003 13:08:00 30 Emergency medical 321A Patient Refusal 03-0001148-000 08/18/2003 04:53:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001156-000 08/20/2003 10:17:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001164-000 08/22/2003 18:43:00 86 Investigate 733 Smoke detector activation 03-0001167-000 08/23/2003 08:06:00 931 Cancelled Onscene 321 EMS call, excluding vehicle 03-0001181-000 08/25/2003 16:02:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0001203-000 08/28/2003 15:49:00 86 Investigate 743 Smoke detector activation, 03-0001207-000 08/29/2003 17:53:00 86 Investigate 735 Alarm system sounded due to 03-0001211-000 08/30/2003 09:07:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001214-000 08/30/2003 11:24:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001215-000 08/30/2003 13:29:00 32 Provide basic life 321A Patient Refusal 03-0001218-000 08/30/2003 14:49:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001234-000 09/02/2003 22:08:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001242-000 09/04/2003 06:34:00 86 Investigate 743 Smoke detector activation, 03-0001254-000 09/06/2003 02:32:00 86 Investigate 735 Alarm system sounded due to 03-0001255-000 09/06/2003 11:16:00 30 Emergency medical 321 EMS call, excluding vehicle 03-0001261-000 09/07/2003 07:48:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001272-000 09/09/2003 19:23:00 86 Investigate 730 System malfunction, Other 10/07/2003 09:18 Page 2 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {07/01/2003} And {09/30/2003} and District = 11002" Incident Alm Date Time Primary Action Taken Incident Type 170 Passenger terminal, Other ------------------------------------------------------------------------------------------------- 03-0001282-000 09/11/2003 05:55:00 92 Standby 721 Bomb scare - no bomb 03-0001288-000 09/13/2003 01:32:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001291-000 09/13/2003 13:10:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001295-000 09/14/2003 01:01:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001297-000 09/14/2003 09:35:00 70 Assistance, Other 611 Dispatched & canceled en 03-0001308-000 09/16/2003 02:04:00 86 Investigate 733 Smoke detector activation 03-0001312-000 09/17/2003 08:52:00 86 Investigate 744 Detector activation, no 03-0001322-000 09/19/2003 19:15:00 86 Investigate 735 Alarm system sounded due to 03-0001326-000 09/20/2003 08:31:00 32 Provide basic life 321A Patient Refusal 03-0001327-000 09/20/2003 11:07:00 86 Investigate 700 False alarm or false call, 03-0001338-000 09/21/2003 11:07:00 86 Investigate 730 System malfunction, Other 03-0001343-000 09/23/2003 09:55:00 86 Investigate 700 False alarm or false call, 03-0001348-000 09/23/2003 18:38:00 86 Investigate 735 Alarm system sounded due to 03-0001352-000 09/24/2003 11:41:00 86 Investigate 730 System malfunction, Other 03-0001359-000 09/25/2003 16:24:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001366-000 09/27/2003 06:15:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001367-000 09/27/2003 08:10:00 30 Emergency medical 321A Patient Refusal Subtotal Count 67 Percent of All 50.75% 579 Motor vehicle or boat sales, services, repair ------------------------------------------------------------------------------------------------- 03-0001028-000 07/23/2003 21:28:00 86 Investigate 745 Alarm system sounded, no 03-0001051-000 07/27/2003 13:17:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001317-000 09/18/2003 00:07:00 93 Cancelled enroute 321 EMS call, excluding vehicle ------------------------------------------------------------------------------------------------- Subtotal Count 3 Percent of All 2.27 % 800 Storage, Other 03-0000972- 00 07/12/2003 16:55:00 32 Provide basic life 321 EMS call, excluding vehicle ------------------------------------------------- ----------------------------------------------- Subtotal Count 1 Percent of All 0.75 % 888 Fire station -------------------------------------------------- ----------------------------------------------- 03-0000994-000 07/14/2003 18:46:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001081-000 08/02/2003 11:00:00 33 Provide advanced life 321A Patient Refusal 03-0001188-000 08/26/2003 14:41:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001315-000 09/17/2003 12:00:00 32 Provide basic life 321A Patient Refusal 03-0001356-000 09/24/2003 19:37:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001357-000 09/25/2003 15:05:00 32 Provide basic life 321A Patient Refusal 03-0001371-000 09/28/2003 09:06:00 33 Provide advanced life 321A Patient Refusal Subtotal Count 7 Percent of All 5.30% 10/07/2003 09:18 Page 3 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {07/01/2003} And {09/30/2003} and District = 11002" Incident Alm Date Time Primary Action Taken Incident Type 898 Dock, marina, pier, wharf 15 Percent of All 11.36% 935 Campsite with utilities ------------------------------------------------------------------------ 03-0000970-000 07/12/2003 16:16:00 931 Cancelled Onscene 321 EMS call, excluding --- vehicle 03-0000987-000 07/13/2003 22:06:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001032-000 07/24/2003 23:51:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001033-000 07/25/2003 01:18:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001036-000 07/25/2003 15:14:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001050-000 07/27/2003 10:53:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001070-000 07/31/2003 00:06:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001080-000 08/02/2003 09:52:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001083-000 08/02/2003 16:25:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001092-000 08/05/2003 16:08:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001160-000 08/21/2003 10:06:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001168-000 08/23/2003 10:09:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001258-000 09/06/2003 22:45:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001346-000 09/23/2003 13:46:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001355-000 09/24/2003 18:12:00 32 Provide basic life 321A Patient Refusal Subtotal Count 15 Percent of All 11.36% 935 Campsite with utilities ------------------------------------------------------------- 03-0000977-000 07/12/2003 23:08:00 33 Provide advanced life 321 EMS call, ---- ----------- excluding vehicle 03-0001060-000 07/29/2003 12:16:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001093-000 08/05/2003 16:32:00 30 Emergency medical 321A Patient Refusal 03-0001298-000 ---------------------------- 09/14/2003 16:09:00 -------------------------------------------------------------------- 12 Salvage & overhaul 137 Camper or recreational Subtotal Count 4 Percent of All 3.03% 941 Open ocean, sea or tidal waters -------------------------------------------------- 03-0001196-000 08/27/2003 12:55:00 33 Provide advanced life 321 EMS call, excluding vehicle Subtotal Count 1 Percent of All 0.75% 946 Lake, river, stream --------------------------------------------------------------- ---- ---- - 03-0001054-000 07/27/2003 14:44:00 73 Provide manpower 311 Medical assist, assist EMS ------------------------------------------------------------------------------------------------ Subtotal Count 1 Percent of All 0.75% 960 Street, Other ----------------------------------------------------------------------------- 03-0001183-000 08/25/2003 21:57:00 30 Emergency medical 321A Patient Refusal ------------------------------------------------------------------------------------------------- Subtotal Count 1 Percent of All 0.75 % 961 Highway or divided highway - ---------------------------------------------------- ------ ---------------------- 03-0000935-000 07/06/2003 17:14:00 32 Provide basic life 322 Vehicle accident with 10/07/2003 09:18 Page 4 Cape Canaveral Volunteer Fire Department Property Use Report Alarm Date Between {07/01/2003} And {09/30/2003} and District = 11002" Incident Alm Date Time Primary Action Taken Incident Type 961 Highway or divided highway --------------------------------------------------------------------- 03-0000958-000 07/10/2003 17:48:00 32 Provide basic life 322 Vehicle accident with 03-0001013-000 07/19/2003 07:16:00 11 Extinguish 143 Grass fire 03-0001061-000 07/29/2003 16:00:00 86 Investigate 600 Good intent call, Other Subtotal Count 4 Percent of All 3.03% 962 Residential street, road or residential driveway - ---------------------------------------------------------------------- ---- 03-0001121-000 08/12/2003 20:44:00 32 Provide basic life 322 Vehicle accident with ------------------------------------------------------------------------------------------------- Subtotal Count 1 Percent of All 0.75% 963 Street or road in commercial area 03-0001131-000 08/14/2003 13:02:00 86 Investigate 444 Power line down 03-0001235-000 09/03/2003 06:16:00 32 Provide basic life 323 Motor vehicle/pedestrian 03-0001290-000 09/13/2003 12:52:00 32 Provide basic life 321 EMS call, excluding vehicle ------------------------------------------------------------------------------------------------- Subtotal Count 3 Percent of All 2.27 % 965 Vehicle parking area ------------------------------------------------------------------ ---- ------- 03-0000975-000 07/12/2003 20:40:00 92 Standby 445 Arcing, shorted electrical ----------------------------------------------------------------------------------------------- Subtotal Count 1 Percent of All 0.75 % UUU Undetermined ------------------------------------------------- ---- ---- --------- 03-0001006-000 07/17/2003 18:17:00 33 Provide advanced life 321 EMS call, excluding vehicle 03-0001009-000 07/18/2003 17:08:00 32 Provide basic life 321 EMS call, excluding vehicle 03-0001380-000 09/29/2003 14:44:00 93 Cancelled enroute 300 Rescue, emergency medical -------------------------------------------------------------------------------------------- Subtotal Count 3 Percent of All 2.27 % Total Count 132 10/07/2003 09:18 Page 5 M iI m C N H a (D r .o Cl Y`i�'E N �(70� m .E5 cN a W 0 U c r � LL - IR O m 4 a`� m O Q O C fl O N O Q M O O v - ca C CD m O M p o y 0 4 0 p O N ado c.= N 40o CC pp� U p C C UG co O O Q U U cn 6 • 3 a� � o M co ccC D C 00 j e N Z d rn N Q ch a T V3 � rn IS Z 'r o c c :tevi C m Q. FU d N .� d C9QD N O O = 32=c Z CL cgUUdfti 0 CL 0 • . 9 . • . x r � o IR O m 4 a`� m O Q O C fl O N O Q M O O v - ca C> pO w0 ,a •O O U y N N O O A U C 0 6 a _ 06 N V a c' O U Jh p 5 c y 0 c `o E d � U U o Cl w tp $ fda a Cl) Op CD p� p =N C la p Co Id O a ' rn.Em_ m N U 00 c .y m Q C m a $CLE o g� N coo cl ai m d :a mo ��cz 'Q 'O M OD M Q z C: o 0 y o 0 0 • 3 a� � o M co ccC D C 00 j e N Z d rn N Q ch a T V3 � rn IS Z 'r o c c :tevi C m Q. FU d N .� d C9QD N O O = 32=c Z CL cgUUdfti 0 CL 0 • . 9 . • . x 2 v a� cra N co M O O C fl O N O Q M O O • 3 a� � o M co ccC D C 00 j e N Z d rn N Q ch a T V3 � rn IS Z 'r o c c :tevi C m Q. FU d N .� d C9QD N O O = 32=c Z CL cgUUdfti 0 CL 0 • . 9 . • . x