HomeMy WebLinkAboutPacket 02-03-2004CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA:
T of Cape Canaveral
REGULAR MEETING
ALL ANNEX
,ape Canaveral, Florida
IESDAY
ary 3, 2004
:00 PM
AGENDA
1. City Council Regular Meeting Minutes of January 20, 2004.
2. Engineering Proposal from Stottler, Stagg, and Associates for the
North/East Al Sidewalk Project.
CONSIDERATIONS:
3. Motion to Approve: Interlocal Agreement to Study the Feasibility of Regional
Biosolids Facility.
4. Motion to Approve: Engineering Proposal for the Design of the Lift Station
#1, Sewer Force Main.
5. Motion to Approve: Cooperative Purchase of Landscaping Services for
the North Atlantic Avenue Sign.
6. Motion to Approve: Emergency Medical Services Agreement with Brevard
County.
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
February 3, 2004
Page 2
7. Motion to Approve: Appointment of an Intergovernmental Representative
and Alternate for the Space Coast League of Cities.
ORDINANCES: SECOND PUBLIC HEARING:
8. Motion to Adopt: Ordinance No. 32-2003; Vacating a (12) Foot Wide
Alleyway Adjacent to Lots 5, 10, 11, 12, 13, 14 and 15 of Block 75 of Avon
by the Sea, at second reading.
RESOLUTIONS:
9. Motion to Adopt: Resolution No. 2004-08; Removing an Alternate Member of
the Code Enforcement Board.
DISCUSSION:
10. Sister City Visit, Vila Do Bispo, Portugal.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting, that person
will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the City for the introduction or admission into evidence
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should
contact the City Clerk's office (868-1221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
January 20, 2004
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Hoog
Council Member
Jim Morgan
Mayor
Rocky Randels
Council Member
Richard Treverton
Council Member Absent:
Council Member Steve Miller
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
Public Works Director
Ed Gardulski
Building Official
Todd Morley
Recreation Director
Nancy Hanson
PRESENTATIONS:
Recognition of Kim McIntire and Suzanne Sparling for the 2003 Reindeer Run 5K
with Proceeds to the Brevard County United Way
Mayor Randels introduced Mr. Craig Smith, Business and Cultural Development Board
Member and a Race Sponsor, Kim McIntire, Race Coordinator and Suzanne Sparling, of
the United Way. Ms. McIntire recognized Bertie Edwards, Business and Cultural
Development Board Chairperson and Elizabeth Foy, Board members and City staff
volunteers, the United Way, the Kiwanis Club, the Cape Canaveral Volunteer Fire
Department and the Sheriffs Office Canaveral Precinct that assisted with the event. She
presented City keys to major sponsors. Mr. Jim Morris accepted for Tech Vest Inc. as the
Three -Star Community Event Partner who presented a $1,500 donation to the event. Ms.
McIntire recognized Porter World Trade a Corporate Signature Sponsor who provided
complimentary awards for the event. Proceeding to the Major Sponsors, she presented
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2004
Page 2 of 7
Mr. Paul Malluccio of Blue Note Publications an award for complimentary printing. She
presented an award to Julie Song of Clear Channel Outdoors for providing billboard
space. Ms. McIntire recognized Waste Management for a $1,000 donation. She
recognized Craig Smith of Coastal fuels for a $1,000 donation. Ms. McIntire also
recognized Lite Rock Communications for complimentary radio promotion and event day
emcees and the Ron Jon Cape Caribe Resort and Solana -by -the -River for their donation.
Ms. McIntire reported 241 runners and walkers in this year's event. She then presented a
check to Suzanne Sparling and Mr. Rob Raines of the Brevard United Way in the amount
of $7,816.79. Ms. Sparling presented Ms. McIntire with an acknowledgement from the
United Way. Mayor Randels presented a token of appreciation to both Ms. McIntire and
Ms. Sparling on behalf of the City for their hard work.
Mayor's Award: Jim and Judy Hale
Mayor Randels presented a Mayor's Award to Mr. And Mrs. Jim and Judy Hale for their
efforts toward a cleaner community. Mayor Randels highlighted some of their civic
accomplishments to include painting City Hall, the Reindeer Run, pepper busts, planting
mangroves and citywide cleanups. He noted the most recent cleanup work that the Mr.
and Mrs. Hale performed near Church Street Center on North Atlantic Avenue. Mayor
Randels expressed his appreciation that the Hales live in Cape Canaveral. Mayor Randels
introduced Mr. Larry Weber, Executive Director for Keep Brevard Beautiful. Mr. Weber
highlighted the events in which the Hales participate through Keep Brevard Beautiful. He
too expressed his sincere thanks for their efforts.
CONSENT AGENDA:
Mayor Randels asked if any Council Member, staff or interested party desired to remove
an item from the Consent Agenda for discussion.
1. City Council Regular Meeting Minutes of January 6, 2004.
2. North Atlantic Avenue Easement Agreements.
3. Easement Agreement with Tech -Vest Inc.
No request was made to remove any items from the Consent Agenda for discussion.
A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve
Consent Agenda Items No. 1 through 3. The motion carried 4-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mayor Randels, For and Mr.
Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2004
Page 3 of 7
CONSIDERATIONS:
4. Award Bid No. 03-06, Manatee Sanctuary Park Restroom/Pavilion Project
Mayor Randels clarified that the bid cost totaled $267,000. Ms. Hanson clarified that the
$150,000 Florida Recreation Development Assistance Program grant has several
elements of which this project is just one part. Mayor Randels noted that Benko
Construction as a developer contributed $30,000 toward this project. Ms. Hanson stated
that additional funding from impact fees provided by new residents would also support the
project. Mayor Randels stated the amount as $105,000 of Recreation Impact Fees. Ms.
Hanson informed the Council that other entities spoke favorably of Mr. Lovett's work. Mr.
Treverton expressed his favor with Mr. Lovett's credentials. Mr. Morgan stated that Ms.
Hanson made a good choice. Ms. Hanson concluded that the Building Department verified
the company's state licensing.
A motion was made by Mr. Hoog and seconded by Mr. Morgan to Approve Awarding
Bid No. 03-06 to L.A. Construction, Inc. in the Amount of $267,000. The motion
carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For,
Mayor Randels, For and Mr. Treverton, For.
5. Annual City Manager Evaluation.
Mayor Randels reviewed the nine items that comprise the evaluation areas on the City
Manager's performance appraisal. Mayor Randels stated that of a 1 to 5 point ranking
system from all City Council members, Mr. Boucher's totaled 3.99 points. Mayor Randels
explained how the City's goals and objectives apply to Mr. Boucher's overall ranking. Mr.
Morgan stated that out of a possible total of 155 points, Mr. Boucher achieved a total of
123 points. Mr. Morgan explained that the City Manger's salary should fall between his
new rate with the 3 percent increase and the newly adopted salary range. Mr. Treverton
stated that the Council should move the City Manager to the middle of the new range. He
included that he would also like to see all of the department heads move to the middle of
their respective ranges and asked Mr. Boucher to present a proposal on moving the
department heads to the middle of their range. Mr. Hoog expressed that Mr. Boucher does
a good job and reporting is done in a timely manner. He agreed that department heads
salaries need to increase as well. He also expressed that Mr. Boucher's salary was low.
Mayor Randels pointed out that Mr. Boucher's previous salary range was $4,000 below
the minimum beginning range of any City Manager of like -size cities. Mr. Boucher
informed that his salary range is now $76,691 after the 3 percent increase that result was
$79,000. Mr. Boucher stated that the new salary range is $76,691 to 110,600.
Mayor Randels pointed out that some larger cities however provide administration for
additional divisions such as law enforcement. Mr. Morgan reminded that Mr. Boucher
interfaces on behalf of the contract services. Mr. Hoog asked for the salary range and
population for the City of North Palm Beach where Mr. Boucher was a prospective
candidate for a City Manager's position. Mr. Boucher replied that the population was
approximately 14 to 15,000 residing in a built -out community and the person who received
the position started at $105,000 plus moving expenses. Mr. Morgan asked Mr. Boucher by
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2004
Page 4 of 7
how much he thought Cape Canaveral's population would grow by 2005. Mr. Boucher
replied that some 1,300 residential units either under construction or review. Mr. Boucher
stated further that he took pride in staff's effectiveness and their ability to multi -task. Mr.
Morgan asked if the amount offered was satisfactory enough for Mr. Boucher to remain
stationary. Mr. Boucher replied that he is glad to see things getting done in the community
and he is also glad to work for the City. Mr. Hoog expressed appreciation for Mr. Boucher's
tenure with the City and stated that he would like to move Mr. Boucher's pay range
halfway between Mr. Morgan and Mr. Treverton's recommendation and to come back at
his next review with another proposal. Mr. Morgan considered an increase of up to
$86,000. Mr. Treverton favored an increase of up to $93,000. Mr. Hoog agreed with a mid-
range between Mr. Morgan and Mr. Treverton of $89,000. Mayor Randels stated that he
favored an increase of $80,000. Mr. Morgan summarized that the average of the
recommendations is $87,000. Mayor Randels replied to Mr. Nicholas that the total sum
increase from last year's salary is $17,000. Mayor Pro Tem Hoog directed the City
Manager to bring up his evaluation the next time its due. Mr. Boucher thanked the Council
for their feedback and constructive comments. The Council concluded to readdress
department heads salaries. Mr. Gene Petre expressed that the evaluation should be
performed the first of the year. Mayor Randels clarified that performance evaluations are
due on the date of hire.
A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to
Increase the City Manager's Salary to $87,000 Retroactive to September 19, 2003.
The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Morgan, For, Mayor Randels, For and Mr. Treverton, For.
RESOLUTIONS:
6. Motion to Approve: Resolution No. 2004-07; Urging the Members of the
Florida Legislature to Support Municipal Issues During the 2004 Legislative
Session.
Mayor Randels read Resolution No. 2004-07 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA
URGING MEMBERS OF THE FLORIDA LEGISLATURE TO SUPPORT THE
FOLLOWING MUNICIPAL ISSUES DURING THE 2004 LEGISLATIVE SESSION.
Mayor Randels explained that each City has addressed concerns to the State legislative
body. The concept this year is to present three statewide concerns. Every elected official
at the State level will receive this resolution containing the three priority concerns. Mayor
Randels reviewed the three items: 1) a correction to the municipal revenue sharing bill
2) to preserve local government authority to determine water conservation measures and
3) an Annexation policy. The resolution summarizes the intent of cities statewide.
Mr. Hoog spoke on annexation in south end of our City and annexation in other cities.
These are part of the issues that the League intends to help pass. He stated that he would
like to see the items in the resolution approved.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2004
Page 5 of 7
A motion was made by Mr. Treverton and seconded Mayor Pro Tem Hoog to
Approve Resolution No. 2004-07 Urging the Members of the Florida Legislature to
Support Municipal Issues during the 2004 Legislative Session. The motion carried
4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mayor
Randels, For and Mr. Treverton, For.
Mayor Pro Tem Hoog requested a draft resolution to appoint a Regular and Alternate
Member to the Intergovernmental Coordination Committee. Mr. Boucher stated that a City
Manager could also serve on the Committee.
REPORTS:
City Manager
• Mr. Boucher encouraged Council to review the Quarterly Reports. The Reports contain a
quarterly picture of the City's status especially in the Building Department. The Police
Department also had pertinent data.
• Mr. Boucher reported on meeting with the Avon -by -the -Sea Annexation Committee. He
also plans to set up a meeting with the Homeowner's Association. Mr. Boucher said that he
would need to prepare a service evaluation report prior to Avon voters considering
annexation by ballot. However, the City would bear the expenses of legal advertising and
election fees. Mr. Boucher requested to mail a City newsletter to registered voters in the
Avon -by -the -Sea area.
• Mr. Boucher reported that the Building Official and the Public Works Director secured the
easement agreement with the Yogi's property for a City entrance sign. The City
Attorney would prepare a Settlement Agreement for the next Council Agenda.
• Mr. Boucher informed that he is working on bid documents for the garbage service.
• Mr. Boucher also informed that the Bright House Network agreement is due to expire. He
and the City Attorney will attend a seminar in March on regulatory matters.
• Mr. Boucher reported that he received the updated survey on the Lincoln and Johnson
Avenue alleyway. Notices will be sent to affected property owners and the issue will be
placed on the next City Council agenda.
• Mr. Boucher referred to a memo from the Recreation Director regarding the Patriots Day
Parade. Ms. Hanson expressed that a community picnic at the Manatee Sanctuary Park
might provide a new event to be held in the February or March timeframe. She replied to
Mr. Hoog that the contractor has 100 days from securing permits for project completion.
Mayor Randels informed that Susan Smiley -Height of the Space Coast Press expressed an
interest for an Editor's day out and she would provide the media coverage. Mayor Randels
summarized Council's agreement on an event when the Park project is complete.
• Mr. Boucher announced a Code Review Workshop meeting on February 3`d at 5:00 P.M.
He requested to invite the Planning and Zoning Board members.
• Mr. Boucher reported that he is working with the County Disaster Planning Committee to
set countywide disaster management goals for the next five years. The goals have helped
many cities and business to become more disaster resistant.
2. Staff
Public Works Director
0 Mr. Gardulski stated that projects are back in progress.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2004
Page 6 of 7
• Mr. Gardulski replied to Mayor Randels inquiry that the boom truck is under repair and the
holiday banners will be removed when the truck returns.
• Mr. Gardulski replied to Mr. Hoog that Stottler, Stagg is working on the engineering design
for continuation of the reuse system.
Recreation Director
• No report.
Building Official
• Mr. Morley reported on the impact of jobs in the City due to the building development.
City Clerk
• Ms. Stills reported that a supplement to the City codebook is forthcoming.
• Ms. Stills explained that the new sound system included a compact flash card voice
recorder that produces the Council meetings on a small disk that allows for direct use with a
computer.
City Attorney
• No report.
• Officer Brenda Dean announced that she is the new Community Policing Officer
replacing Jackie Hearon.
AUDIENCE TO BE HEARD:
Mr. Gene Petre inquired about the address assignment program, sidewalk construction and
turn lane signals on North Atlantic Avenue. Mr. Boucher replied that he received a study that
the Traffic Engineering group will update. He also replied that Florida Power and Light are
performing their feeder line project in an effort to bury the power lines in that area and Towne
Realty would construct the middle turn lane. Mr. Todd Morley, Building Official, replied that address
assignments continued through the efforts of Jim Watson on a part-time basis. Mr. Boucher replied
that a sidewalk is planned for the east side of N. Atlantic Avenue however due to the middle turn
lane construction the sidewalk project will be done afterward. The other streets such as Orange
Avenue and State Road A1A on the east side require project and assessment costs first.
Mr. Trent Milliken stated that he found errors on the City Council Minutes of January 6th. He
submitted a list regarding his findings. Mayor Randels said that the City Manager would review the
minutes with the City Clerk to resolve the issue. Mr. Boucher reminded that the minutes are not a
verbatim transcript but a summation of the meeting.
3. City Council
Mr. Morgan
• No report.
Mr. Treverton
• No report.
Mayor Pro Tem Hoog
City of Cape Canaveral, Florida
City Council Regular Meeting
January 20, 2004
Page 7 of 7
Mayor Pro Tem Hoog referred to Mr. Lars Holfve Code Enforcement Board member
regarding his academic credentials. Mayor Pro Tem Hoog explained that two residents
made allegations toward Mr. Holfve's degree. Mr. Holfve told the Council that he did have a
degree. Mr. Holfve submitted documents however they were in Swedish. Mayor Pro Tem
Hoog had Mr. Holfve's documents interpreted through the Swedish consulate and the
credentials amounted to a [gymnasium] high school diploma, not a college degree. Mayor
Pro Tem Hoog requested Mr. Holfve's dismissal from the Board based on 1) falsification of
the City application, 2) when Mr. Holfve was asked to prove his academic credentials, he
submitted documents that were in Swedish, and 3) Mr. Holfve misinformed the Council in
saying he had a college degree. Mr. Boucher said that Mr. Holfve told him that the
consulate was in error and he was told that official documents were still needed. Mr.
Treverton requested to see the resolution as an agenda item with due notice. Mr. Hoog
called for integrity especially from a quasi-judicial Board member. This item will be placed
on the next City Council agenda. Mayor Randels requested that the City Manager inform
Mr. Holfve to secure the documents from the Swedish consulate to verify that he has a
Bachelor's Degree.
Mayor Randels
• Mayor Randels announced that a Shell Oil Station has replaced the Texaco Station and
he is working with the new owners to remove a pole in the right of way and to maintain the
hedges around the property.
• Mayor Randels thanked Waste Management for their assistance in clearing the debris
near Royal Mansions.
• Mayor Randels informed that he has been working with Brevard County in clearing
unauthorized inhabitants in Cherie Down Park.
• Mayor Randels reported that he met with the Wilson family at 402 Taylor Avenue regarding
reclaimed water. He asked for an update on when the reclaimed water would be supplied
or at some point the money returned if the service is not forthcoming.
• Mayor Randels announced that the City received the Tree City USA Award for the year
2003.
• Mayor Randels mentioned that the City Manager is working on public facilities such as
the Fire Station, a Police facility and the new Public Works building.
• Mayor Randels informed that the County recovered a major study performed on the North
Atlantic Avenue and Central Blvd. area.
• Mayor Randels announced that he was appointed to the Environmentally Endangered
Lands Committee.
• Mayor Randels reported he and Jim Dudy of Florida Today participated in efforts at
establishing a State soup. The Radisson Resort hosted a soup contest that was judged on
originality, taste, texture and aroma. Mayor Randels requested authorization to pay for
some of the plaques used in the event.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 9:38 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
Meeting Type: Regular
Meeting Date 02-03-04
AGENDA
Heading
Consent
Item
2
No.
City Council asked staff to utilize the sidewalk impact fee procedures outlined in Code Section 110-475 (attached).
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: ENGINEERING PROPOSAL FROM SSA FOR THE NORTHEAST AIA
SIDEWALK PROJECT
DEPT./DIVISION: PUBLIC WORKS/STREETS
Requested Action:
City Council consider the engineering proposal from SSA in the amount of $6,500 for the North/East AIA
Sidewalk Project as recommended by the public works director.
Summary Explanation & Background:
As part of the City's goals and objectives for 2003/04, the City Council's goal was to construct a sidewalk on the
North/East side of Al from W. Central Blvd. north, connecting to the port authority sidewalk.
City Council asked staff to utilize the sidewalk impact fee procedures outlined in Code Section 110-475 (attached).
Once SSA establishes the preliminary costs estimate, staff will prepare notices and schedule a public hearing for the
affected property owners to be heard.
I support the public works director's recommendation.
Exhibits Attached:
Public works director's memo dated 01-23-04; SSA Proposal; Code Section 110-475
City Manager's Office
Department PUBLIC WORKS/STREETS
cape -nt\kim\mydocuments\admin\council\meetinq\2004\02-03-04\sidewalk.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: January 23, 2004
SUBJECT: City Council Agenda Item for February 3rd, 2004
Initial Planning of Sidewalk along the eastside of AlA
from West Central Avenue to the Port Authority's Sidewalk
As an action goal item, City Council has the desire to have a sidewalk constructed along
the eastside of AIA commencing from West Central Avenue and extending north to the Port
Authority's sidewalk located at the City of Cape Canaveral's north city limit. To meet this goal
the Public Works Department will need to comply with the City of Cape Canaveral's Ordinance
08-2003. In part, this Ordinance provides for the advance funds to construct required sidewalk
and impose a sidewalk impact fee on the owners of the adjacent property.
To meet this requirement the City will need to hold public hearings, with notice to each
property owner, stating the preliminary overall cost of the project and the proposed cost for each
property owner by the sidewalk frontage.
SSA Stottler Stagg & Associates submitted a proposal to complete a field survey,
preliminary estimate of probable cost for each property owner and provide support exhibits for a
public meeting.
This preliminary engineering work by SSA will be in the amount of $6,500.
Recommend the approval of the preliminary engineering planning of the sidewalk along
AIA by SSA in the amount of $6,500.
Attachment
CC: File
January 20, 2003
SSA
Ed Gardulski, Director, Public Works
City of Cape Canaveral
601 Thurm Boulevard
Cape Canaveral, FL 32920-0326
VIA FACSIMILE: 868-1233
RE: SSA Fee Proposal for Initial Planning of Sidewalk Along SR AIA from
Central Avenue North to the Port Canaveral Sidewalk
Dear Ed:
Per your request, Stottler Stagg & Associates, Architects Engineers Planners, Inc. (SSA) is
pleased to present our fee proposal for the initial planning of a City sidewalk along the east side
of SR A1A from Central Avenue North to the Port Canaveral Sidewalk.
SSA SCOPE OF WORK
Task 1 - Field Surveys
SSA will perform a field survey within the 1000± foot study area to determine proposed
sidewalk frontage for each owner.
Task 2 — Preliminary Cost Estimates
SSA will prepare preliminary cost estimates of probable construction costs for sidewalks that
would be constructed for each property owner. These preliminary cost estimates would be
broken out for each property owner and would include preliminary costs for drainage,
engineering and permitting. In preparing the conceptual layout, SSA will first meet with the
FDOT to discuss criteria.
Task 3 — Support With Public Meeting
SSA will prepare two exhibits showing sidewalk locations and typical sections. SSA will then
attend and support public meeting reviewing the potential project.
SCHEDULES AND FEES
Schedules: Upon written authorization to proceed (and receipt of a City Purchase Order) SSA
will start work within five (5) working days. Approximately 15 working days will be required
to complete Tasks 1 — 2 above. The public meeting will be scheduled by the City.
Fees: SSA's fees for the above listed tasks, Items 1-3 above, will be a lump sum fee of $6,500.
Print costs have been included in the lump sum fee.
SI'OTTLER SI'AGG & ASSOCIATES ARCHITL;CI'S • ENGINEERS • PLANNERS, INC.
8680 North Atlantic Avenne N. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065
Lic. #AAC000329 #LB0000762 #LB0006700
Ed Gardulski
January 20, 2004 SSA Fee Proposal — Initial Planning of Sidewalk Along SR A 1
Page 2 From Central Avenue North to the Port Canaveral Sidewalk
SSA's fees will be invoiced based on a percentage of work being completed each month and
payment will be due within thirty (30) days of receipt.
Compensation rates are based on ordinances, regulations and procedures in force on the
execution date of this Agreement by the appropriate governing bodies having jurisdiction over
the project. Any significant modification in these ordinances, regulations, procedures, etc. shall
be justification for re -negotiation for the compensation due to the Consultant for the work
involved. It is understood that any and all professional liabilities incurred by SSA throughout the
course of rendering professional services on this project shall be limited to a maximum of the
net fee received by SSA, not including reimbursable expenses and sub -consultants, for all
services rendered on the project. Should it become necessary to obtain a third party to collect
our fees for services, the City hereby agrees to pay all costs of such collections including
Attorney's fees.
The City and SSA respectively bind themselves, their partners, successors, assigns and legal
representative to the other party to this Agreement and to the partners, successors, assigns,
and legal representatives of such other party with respect to all covenants to this Agreement.
Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without
the written consent of the other.
The terms and conditions of this proposal are effective through March 15, 2004. Acceptance
after this date may necessitate increased fees or altered conditions.
Ed, your authorization of this proposal can be accomplished by the appropriate signature below
and our receipt of a signed copy and a City Purchase Order. Thank you.
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
John A. Pekar, PE
Vice President
JAP: mw
cc: Kim Kelly
ACCEPTANCE:
BY:
TITLE:
DATE:
u:goan sotlorivaWvillprojecfslproposallcity of cape canaveral12pp3 proposalSb.garttulski initial planning of sidewalk 20janKdoc
ZONING
Sec. 110-474. Water areas.
All areas within the city which are under water
and not shown as included within any zoning
district shall be subject to all the requirements of
the district which immediately adjoins or abuts
the water area. If the water area adjoins two or
more districts, the boundaries of each district
shall be construed to extend into the water area in
a straight line as projecteduntil they intersect a
projected line from other district boundaries.
(Code 1981, § 641.41)
Cross reference—Waterways, ch. 106.
Sec. 110-475. Sidewalks required.
(a) Construction of sidewalks shall be required
in conjunction with the construction of any build-
ing or development on property abutting any
paved street, public and private, within the city
limits.
(b) Sidewalks constructed in residential dis-
trict shall be four feet wide, and five feet wide in
commercial and all other districts. Sidewalks and
concrete aprons will not be required across as-
phalt paved driveways, but the asphalt driveways
must be maintained in good repair by the prop-
erty owner. Sidewalks along State Highway AlA
will require a permit from the state department of
transportation and shall be five feet wide.
(c) Sidewalks being installed on a street within
the same block which already has sidewalks or
portions of sidewalks installed must conform in
width with the existing sidewalks, but not to
exceed five feet in width.
§ 110-475
(f) Sidewalks contiguous with or a part of the
bicycle path system shall provide for a smooth
transition between surfaces.
(g) Prior to the issuance of a certificate of
occupancy or final inspection for new develop-
ment or redevelopment, the city may, at its dis-
cretion and expense, cause the construction of the
sidewalk as would otherwise be required by this
section and under the following conditions:
(1) Prior to the commencement of construc-
tion, the city shall provide all owners of
real property abutting the proposed side-
walk with 30 days written notice of the
city's intent to construct the sidewalk and
to impose a future impact fee on the
property owners for the costs of the side-
walk. Said notice shall provide a general
description of the project, an estimated
cost, and the date, time, and place of the
city council meeting at which the pro-
posed project will be authorized. At the
meeting, affected property owners will be
allowed an opportunity to be heard.
(2)
(d) Sidewalks shall normally abut the prop-
erty line, but may be installed anywhere within or
without the right-of-way to permit alignment (3)
with existing sidewalks or to accommodate trees
or other objects which are not desired to be
moved, altered or removed.
(e) Construction of sidewalks shall be com-
pleted prior to the issuance of the certificate of
occupancy or final inspection. Costs of construc-
tion shall be borne by the property owner. The (4)
construction of the sidewalk shall be in accor-
dance with the provisions of section 98-92(t) of the
Code of Ordinances of the City.
Supp. No. 11 CD110:61
Upon completion of the sidewalk by the
city, the city manager shall certify in
writing to the city council at a public
meeting the cost of constructing the side-
walk. The certification shall proportion-
ately allocate the cost of construction to
each parcel(s) of real property that has
received a special benefit from the side-
walk. At least 15 days' prior notice of the
certification hearing shall be provided to
those property owners that may be im-
posed an impact fee. At the hearing, af-
fected property owners will be allowed an
opportunity to be heard.
Z
1/2
The city council shall approve the certifi-
cation by resolution. The certified amount
shall constitute a sidewalk impact fee for
each property. The resolution shall be
duly recorded in the public records of
Brevard County, Florida, and shall run
with the land. LV
The sidewalk impact fee shall be paid by
%-
the property owner prior to a certificate of
occupancy or final inspection being issued
by the city for the property.
§ 110-475
CAPE CANAVERAL CODE
(5) Prior to payment of the sidewalk impact
fee, the property owner may petition the
IJcity council for a waiver or reduction of
thesidewalk impact fee. The amount of
any reduction or waiver shall be based on
the costs incurred by the property owner
to replace or modify,the sidewalk caused
by implementing a site plan approved by
the city. The property owner shall be
responsible for repairing, at the owner's
expense, any sidewalk which is damaged
by construction activities occurring on the
property.
(6) In the event the property owner fails to
pay the sidewalk impact fee pursuant to
this section, the city shall have the right
to withhold any certificate of occupancy or
final inspection for the property. The city
shall also have the right to collect the
sidewalk impact fee in any manner pro-
vided by law and to levy interest at a
maximum rate allowed by law and penal-
ties not to exceed 25 percent on past due
amounts.
(Code 1981, § 641.55; Ord. No. 13-97, § 3, 10-21-
97; Ord. No. 08-2003, § 2, 3-18-03)
Cross reference --Streets, sidewalks and other public
places, ch. 66.
Sec. 110-476. Dedicated public land.
Dedicated public streets, walkways, alleys, ac-
cessways or easements may be closed or relocated
as part of or in conjunction with any private
development phase upon an application being
made to the city council, after review of and
recommendation from the planning and zoning
board, and if the application is in the best interest
of the city. However, the vacated land shall not be
used as acreage for any density calculations. Any
request for vacating a dedicated public street,
walkway, alley, accessway or easement must be
submitted no later than 30 days prior to the
planning and zoning board meeting at which it is
to be considered.
(Code 1981, § 641.57)
Cross references—Parks and recreation areas, ch. 54;
streets, sidewalks and other public places, ch. 66.
Sec. 110-477. Dedicated public easement.
No purported dedication of an easement to the
city shall be effective until it is accepted by the
city council, after review and recommendation
from the planning and zoning board.
(Code 1981, § 641.58)
Sec. 110-478. Residential use antennaslsat-
ellite dishes.
(a) Residential use antennas shall mean the
residential or personal, noncommercial use of any
of the following:
(1) A ground-. or building -mounted receiver -
only radio or TV antenna;
(2) A ground- or building -mounted citizens
band radio antenna;
(3) A ground- or building -mounted panel an-
tenna with a face area of less than four
and one-half square feet;
(4) A ground- or building -mounted satellite
dish antenna less than ten feet in diame-
ter.
(b) Installation of the foregoing antennas shall
comply with the following restrictions:
(1) No owner, occupant or tenant of any res-
idential use property shall erect, con-
struct or install any antenna, or satellite
dish antenna over one meter or 39 inches
in diameter or on a mast in excess of 12
feet in height without first obtaining a
permit from the building official.
Supp. No. 11 CD110:62
(2) Prior to the issuance of any permit for the
erection, construction or installation of
any antenna, the building official shall
require an approved design placement
drawing and engineering specifications,
signed and sealed by an engineer licensed
in the state, to meet all city and state laws
and ordinances relating to attachment
and anchoring to achieve compliance with
110 mile per hour wind zone require-
ments as referred in Chapter 16, Section
1606 of the Standard Building Code.
(3) All materials that make up the installa-
tion of such antennas and supporting struc-
Meeting Type: Regular
Meeting Date 02-03.04
AGENDA
Heading
Considerations
Item
3
No.
See attached memo and interlocal agreement for additional information.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: INTERLOCAL AGREEMENT TO STUDY THE FEASIBILITY OF
A REGIONAL BIOSOLIDS FACILITY
DEPT./DIVISION: PUBLIC WORKS/WWTP
Requested Action:
City Council consider entering into an interlocal agreement to study the feasibility of a regional biosolids facility, at a
cost of $1,629, as recommended by the public works director.
Summary Explanation & Background:
The nine (9) governmental agencies that operate wastewater treatment facilities will study the concept of a regional
biosolids facility to process sludge, which is currently being dumped at the Brevard County landfill.
See attached memo and interlocal agreement for additional information.
I support the public works director's recommendation.
Exhibits Attached:
Public works director's memo of 01-26-04; Agreement
City Manager's Office
Department PUBLIC WORKS/WWTP
I. m,,..ruv�,ir,,ea s\awa r Ncoune:lt\meeting\6uv4\UC-v3-u9\D1osolia.floc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: January 26, 2004
SUBJECT: City Council Agenda Item for February 3rd, 2004
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.
The Interlocal Agreement Feasibility of Regional Biosolids Facility was a discussion item
at the City Council meeting of October 21, 2003. 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. The total cost
of this study is $65,290. Funding for this study will be divided by between the group for each
City and the County by the average annual flow. Palm Bay has already approved the agreement.
The cost to the City of Cape Canaveral for this study will be $1,629.
Recommend the approval of the Interlocal Agreement Feasibility of Regional Biosolids
Facility.
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 on the last date indicated below 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 which are collectively hereinafter referred to as
the " Participants".
WHEREAS, each Participant is currently operating a wastewater treatment system and is
generating wastewater biosolids; and
WHEREAS, the disposal of wastewater biosolids is regulated by state and federal
regulations. Each Participant currently addresses these requirements and regulations on an
individual basis; and
WHEREAS, the Participants wish to pool their resources in order to investigate the
feasibility of creating a regional biosolids treatment facility; and
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; and
WHEREAS, the Participants agree that this Interlocal Agreement is in the best interests
of the public health, safety, and welfare of the citizens of Brevard County and each of the
municipal participants; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, the
receipt and sufficiency of which each Participant acknowledges it is agreed as follows:
Section 1. Recitals. The foregoing recitals are true and correct and are incorporated herein
by reference.
Section 2. Statutory Authority. This Interlocal Agreement is pursuant to the authority
provided in Section 163.01, Florida Statutes (2002).
Section 3. Purpose and Intent. 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 Participants. The Participants wish to
investigate the feasibility, costs, individual impacts and benefits of creating a
regional facility to address wastewater biosolids treatment and disposal in a
cooperative and consolidated manner.
Page I of 5
The intent of this cooperative effort, if determined feasible, would be to produce a
superior biosolids product that can be conveniently recycled by local residences
or marketed to agricultural and commercial enterprises.
Section 4. 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
Participants recognize the need to hire independent outside professionals
to conduct the technical and economic evaluation. 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 $65,290. The Participants agree
to share in the cost of this feasibility study and make payment to the City
of Titusville as provided in Section 5 of this Inter -local Agreement.
(C) BDI shall prepare a report detailing the findings of the investigation of
each participant's cost for biosolids treatment and disposal and the
estimated costs to produce a highly recyclable biosolids product at a
regional facility, as outlined in the scope of work. Each participant shall
receive a copy of the report produced from the study.
Section 5. Funding.
(A) Each Participant agrees to contribute the not -to -exceed amount listed in
the following table, which is based on each system's relative size.
Brevard County
$24,090
City of Melbourne
$13,740
City of Cocoa Beach
$5,898
City of Cocoa
$4,990
City of Titusville
$4,942
City of Palm Bay
$3,821
City of Rockledge
$3,777
City of West Melbourne
$2,403
City of Cape Canaveral
$1,629
Total Cost
$65,290
Page 2 of 5
(B) The Participant shall pay to the City of Titusville its respective share
within thirty (30) days of the effective date of this Interlocal Agreement.
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 remaining after the completion of the feasibility study shall be
divided equally among the participants according to the proportions
represented in the table.
Section 6. Effective Date. This agreement shall become effective the date last signed by a
party Participant.
Section 7. Termination. This agreement shall terminate upon delivery of the biosolids
feasibility report.
Section 8. Governing Law. This Interlocal Agreement is governed by the Laws of Florida.
Section 9. Sovereign Immunity. Nothing contained in this Interlocal Agreement shall be
construed as a waiver, by either party, of the right to sovereign immunity or other
limitations imposed by Section 768.28, Florida Statutes (2002).
Section 10. Entire Agreement. This Interlocal Agreement represents the entire and
integrated agreement between the Participants and supersedes all prior
negotiations, representations, or agreements, either oral or written, and all such
matters shall be deemed merged into this Interlocal Agreement.
Section 11. Waiver. Failure of one Participant to insist upon performance by another
Participant of any provision contained herein shall not act as a waiver of the
Participant's right to later claim a failure to perform on the part of the other or
others.
Section 12. Severability. If any section, subsection, sentence, clause, phrase, or portion of
this Interlocal Agreement is, for any reason, held invalid or unconstitutional by a
court of competent jurisdiction, such portion shall be deemed a separate, distinct,
and independent provision. Such holding shall not affect the validity of the
remaining portions of this Interlocal Agreement.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 3 of 5
[Seal]
Date:
Attest:
[Seal]
Date:
Attest:
BREVARD COUNTY, FLORIDA
By:
Its:
CITY OF CAPE CANAVERAL, FLORIDA
By:
Its:
[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] CITY OF PALM BAY, FLORIDA
Date: By:
Its:
Attest:
[Seal]
Date:
Attest:
[Seal]
Date:
Attest:
[Seal]
Date:
Attest:
CITY OF ROCKLEDGE, FLORIDA
By:
Its:
CITY OF TITUSVILLE, FLORIDA
By:
Its:
CITY OF WEST MELBOURNE, FLORIDA
By:
Its:
Page 5 of 5
Meeting Type: Regular
Meeting Date 02-03-04
AGENDA
Heading
Considerations
Item
4
No.
I recommend approval.
AGENDA REPORT
CITY COUNCH. OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: ENGINEERING PROPOSAL FOR THE DESIGN OF THE LIFT
STATION NO. 1, SEWER FORCE MAIN
DEPT./DIVISION: PUBLIC WORKS/WWTP
Requested Action:
City Council consider the engineering proposal from Brown and Caldwell for tasks 1-4 in the amount of $21,472 for
the design of a new lift station no. 1, sanitary sewer force main, as recommended by the public works director.
Summary Explanation & Background:
This is a planned capital project; funds are budgeted for the design phase of this project. See attached memo for
additional detail.
I recommend approval.
Exhibits Attached:
Public works director's memo of 01-26-04
City Manager's Office
Department PUBLIC WORKS/WWTP
cape n, m\mydocuments\admin\council\meeting\2004\02-03-04\b&c.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: January 26, 2004
RE: Agenda Item for February 3rd, 2004
Sanitary Sewer Force Main Replacement Design
Brown and Caldwell Engineering Services
The Public Works Department budged funds for the design of the replacement of the
sanitary force main from lift station #1. This project has been scheduled and budgeted. The
designed phase is budgeted this year and construction FY 2004-2005. Attached is a map
depicting the location of the lift station, force main and the service area. This is a critical sanitary
sewer line that is need of replacement. The existing material of this line is a 12" AC pipe and is
over 39 years old. The current route of the force main is about 4,500 feet in length.
Attached is the proposal from Brown and Caldwell Engineering. In summary, this
engineering services includes the following items:
1. Field visit
2. Data Collection
3. Route Survey
4. Engineering Design
5. Permitting and Bidding
6. Construction Management
Brown & Caldwell will be present to answer any question in regards to pipe sizing for future
development needs. More so, Value Engineering will review the Best Management Practice as
the result of the data collection.
The total project cost in the amount of engineering services is $31,457. Funds have been
budgeted this fiscal year budget for design in the amount of $20,000. Recommend that task
1,2,3 and 4 to be completed this year in the amount of $21,472. Brown and Caldwell will be
present to provide an explanation of the proposed task and the cost associated the probable
construction cost and the work schedule for engineering.
Recommend approval of the design of the City's force main from lift station #1 by Brown
and Caldwell Engineering as outlined by the proposal in the amount of $21,472 and the
appropriation of necessary funds.
City of Cape Canaveral
I 1 11 1 --
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PROPOSAL TO PROVIDE
ENGINEERING AND CONSTRUCTION SERVICES
FOR THE NEW FORCEMAIN
FROM LIFT STATION NO. 1 TO THURM BOULEVARD
CAPE CANAVERAL WATER RECLAMATION FACILITY
The following sections describe the approach, scope of services, schedule and fee for the
engineering and construction management services to be provided by Brown and
Caldwell for this project.
PROJECT APPROACH
The City of Cape Canaveral has chosen to replace the existing forcemain serving lift
station no. 1 due to the critical nature of this portion of the system. The age and material
of construction of the existing forcemain increase the risk of a major failure. The
pipeline is constructed of asbestos cement, a material no longer viewed as reliable due to
the history of failure. The proposed forcemain will be constructed of DR 25 PVC, a
material that has demonstrated long-term reliability. The expected service life of this
forcemain is over 40 years.
The proposed forcemain will be constructed along the same general alignment as the
existing forcemain. The route is shown on the attached drawing. Besides the congestion
along the proposed rights-of-way, the main obstacles along the route will be the crossing
of the drainage canal between Thurm Blvd. and Columbia Drive, and the crossing of
AIA. The A 1 A crossing will require the installation of a 30 -inch casing using the bore -
and -jack process. In order to avoid water quality issues, a directional bore of the
drainage canal is proposed.
SCOPE OF SERVICES
The following work activities will be performed for this project:
Task 1— Project Kickoff Meeting and Field Visit
• The project manager and project engineer will visit the site and meet with City staff at
the beginning of the project. Project goals will be identified at this time.
1
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Task 2 — Obtain and Review Available Data
• Brown and Caldwell will obtain and review available design drawings and as -built
information for the impacted areas.
• Brown and Caldwell will coordinate the information found with the project surveyor.
Known utilities will be identified and contacts with each company will be made.
Task 3 — Route Survey and Utility Coordination
• Allen Engineering will perform a route survey for the route. Survey information
obtained will include the identification of the right-of-way/property lines and the
location of visible improvements within the right-of-way.
• Route drawings will be prepared and will be submitted to the City for review.
• Brown and Caldwell will contact each utility company that serves the Cape Canaveral
area to coordinate utility information.
• Brown and Caldwell will coordinate construction activities with each utility company
to avoid conflicts and damage to existing utilities.
• Survey documents will be updated as utility information is obtained.
Task 4 — Engineering Design
• Brown and Caldwell will develop the following drawings as part of this project:
Drawing
Title
G-1
Cover Sheet and Site Location Ma
G-2
General Notes and Key Map
FM -1
Station 0 to 9+00
FM -2
Station 9+00 to Station 18+00
FM -3
Station 18+00 to Station 27+00
FM -4
Station 27+00 to Station 35+00
FM -5
Station 35+00 to Station 45+00
FM -6
A 1 A Crossing Drawing (FDOT Format)
SD -1
Standard Details
SD -2
Standard Details
The route drawings for the proposed forcemain (FM) will be developed using
AutoCAD 2000 at a scale of 1 inch equals 20 feet. Profiles will be developed for
the entire route.
2
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• The drawings will be submitted to the City for review at the 60% and final
completion stage.
• Contract documents will be prepared consisting of bidding documents as well as
technical specifications.
• The engineering design phase will consist of finalizing the route, confirming the
crossing requirements with the applicable state agencies, selecting the materials and
methods of construction, and developing the proposed measurement and payment
methods.
• The contract document preparation phase will consist of the preparation of
construction drawings using AutoCAD 2000, the preparation of the construction
specifications, the preparation of the bid forms and the engineering time associated
with editing and obtaining City review comments.
Task 5 — Permitting and Bidding Assistance
• An FDEP Wastewater Transmission System Construction permit will be required for
this project.
• An FDOT Right -of -Way Utilization Permit will be required for the AIA crossing.
• Permit fees are not included in this proposal.
• Brown and Caldwell will assist the City with the public bidding of this project. Work
activities will include preparation of a legal advertisement, responding to questions
from bidders, preparation of addenda, attendance at the bid opening, review of bids
and references, and recommendation of contract award.
Task 6 — Construction Management
• Brown and Caldwell will provide a project engineer during critical stages of the
project to observe construction and assure conformance with the contract documents.
• The project manager will schedule project meetings at appropriate stages during
construction to review the progress of the project.
• For proposal purposes, the project engineer will be the onsite for 5 days during
critical construction activities and the project manager will coordinate and attend
three project meetings.
• Brown and Caldwell will obtain shop drawings from the project contractor. These
shop drawings will be reviewed to assure compliance with the City's standard
materials requirements. Corrections will be made if necessary.
• A copy of the reviewed shop drawings will be provided to the City for their records.
3
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• Both the Contractor and the Engineer will maintain progress drawings during the
project.
• At the completion of the project, the information from the progress drawings will be
added to the construction drawings, and a set of record drawings will be prepared.
• The City will be provided with one set of mylar reproducible drawings and two sets
of blueprints.
PROJECT SCHEDULE
Brown and Caldwell will complete the survey and engineering work and submit the
project drawings ready for bidding within three months of project authorization.
PROJECT FEE
Brown and Caldwell proposes to perform the Scope of Services identified in this proposal
for $31,457. A detailed cost breakdown is attached.
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SEWER ENTERPRISE FUND
CAPITAL PLAN
CAPITAL ITEM 03/04 1 04/05 1 05/06 1 06/07 1 07/08
Reclaimed �V; er Lines311,5
�.
00000'200,00,
° 200;000'
New CL2 System & Pump System
861,671
Saver Lines f 1Vlanholes Rel%b
150;000'
=150,000 "
150,000
150;000 150,000
Maintenance Building (50%)
250,000
Admin Building Expahsiori.
75,000
(Lift Sta. #1 Force Main Engineering
20,000
Lift Sta. #1 Force Main Rehab '= "
200,000
Plant Performance Study
25,000
Vehicle.Replacement #Asset 2237, 93
21,000
21,000
21,000
Backhoe Replacement (50%)
28,000
6" Pump Replacement
18,500
Auto Clave
7,000
Refrigerator Lab
59000'
Lift Sta #5 Engineering Design
15,000
Lift Sta # 5 Replacement,60,000
Lift Sta #3 Force Main Engineering
6,000
Lift Sta:®Fo�rce 1Vlan AG pipe
60,000
Oven Lab
2,500
Replacemefit �C12 Meter Trans "
3;000'
Replacement NTU Trans.
3,000
Computer" Upgrade for Plant
1,500:
1;500
8,000 1,500:
Balance, Lab
2,000
Security,uipmerit /eras
8;000
Technology improvements
1,500
1,500
8,000 1,500
Laboratory Ventilation S.Ystein
Typewriter
800
$ 1,407,985 $ 988,000 $ 388,000 $ 444,500 $ 405,000
Meeting Type: Regular
Meeting Date 02-03-04
AGENDA
Heading
Considerations
Item
5
No.
City Council needs to appropriate $4,176.19 of Beautification Funds for this project.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF LANDSCAPING SERVICES FOR
THE N. ATLANTIC AVENUE SIGN
DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION
Requested Action:
City Council consider the cooperative purchase of landscaping services from Vila & Son Landscaping of the N.
Atlantic Avenue sign, as recommended by the Beautification Board.
Summary Explanation & Background:
This project is on Canaveral Port Authority property and the public works director has obtained approval for this
project.
City Council needs to appropriate $4,176.19 of Beautification Funds for this project.
Exhibits Attached:
Public works director's memo of 01-26-04
City Manager's Office
Department PUBLIC WORKSBEAUTIFICATION
-uNc-.+� �niui �auyuvcwucn�s \-1-Lil \council \meeLinq \Luu4 \UL -V3 -V4 \Vila. aoc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: January 26, 2004
SUBJECT: City Council Agenda Item for February 3rd, 2004
Cooperative Purchase for Services from Vila & Son Landscaping
North Atlantic Ave City Sign Landscaping.
Seminole County awarded a landscape bid 382-00/GG for their Roadway Landscape
Maintenance project to Vila & Son Landscaping. The City of Cape Canaveral's Public Works
Director in regards to a cooperative purchase agreement contacted Vila & Son Landscaping. The
firm's General Manager, Cris Frier, stated that they would honor the cooperative purchase.
The Beautification Board recommended that Staff landscape the City's north Atlantic
Avenue entrance sign. Staff worked out a landscaping design with Vila and Son in the amount of
$4,176.19. The services will include the landscaping, and irrigation system. Attached is a cost
breakdown of the project. This firm landscaped the AIA City of Cape Canaveral's sign and the
landscaping looks great.
This landscaping project is located on the Port Authority's property and the City of
Cape Canaveral has received permission from the Port Authority Engineering Department.
This project was not budgeted; therefore, funds will be needed to be appropriated.
Recommend the approval of the cooperative purchase for landscaping services from Villa
and Son in the amount of $4,176.19 and the appropriation of Beautification Funds.
Attachment
CC: File
Meeting Type: Regular
Meeting Date 02-03-04
AGENDA
Heading
Considerations
Item
6
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: EMERGENCY MEDICAL SERVICES AGREEMENT WITH
BREVARD COUNTY
DEPT./DIVISION: FIRE DEPARTMENT
Requested Action:
City Council consider the approval of the emergency medical services agreement with Brevard County as
recommended by the fire chief.
Summary Explanation & Background:
See attached memo and agreement.
I support the fire chief s recommendation.
Exhibits Attached:
Fire chief s memo of 01-27-04; Agreement
City Manager's Office
Department FIRE DEPARTMENT
e
cape-nt\kam\mydocuments\adman\council\meeting\2004\02-03-04\ccvfd.doc
Jan -27-04 14:28 CANAVERAL FIRE #52 321 783 4887 P.01
(NAPE (aANANTRAl., VOLUNTEER HRE I.jEPARIAIENT INC'
Sei' ving'the f4l'v (if C elpf (40M)ep-al ul&' ("awat►rral Port Awhoriry
MEMORANDUM
To: Bennett Boucher, City ofCape a rat
From: David J. Sargeant, Fire Chief
Date- 27Jan2004
RE: County EMS Agreement
I have reviewed the County EMS agreement, per your request. i have compared it to the
previous years and find it to be acceptable. The County is providing a 3% cost of living increase
over last year combined with our increase call volume, your share will be $30,713.90. This
works out to an approximate 3.5% increase. The identical amount will be refunded to the Port
and CCVFD will retain the $6,384.00 for consumables as we have in the past.
Should you need any further information concerning this matter, please feel free to contact me.
Thank you for your continued support.
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BREVAR(a 11
BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST
PUBLIC SAFETY DEPARTMENT Telephone: (321) 633-2056
1040 S. Florida Ave., Rockledge, FL 32955 Fax: (321) 633-2057
January 23, 2004
To Whom It May Concern:
Enclosed you will find two (2) original agreements for the First Responder Program.
Please review for accuracy and if you find any discrepancy with the dollar portion
of the agreement, please call me at 633-2056 as soon as possible. The language in
the agreement is the same as last year, the only items changed were the dates and
amounts.
Please sign both agreements and return to my office by Friday, February 20, 2004
so they can be submitted to the Board of County Commissioners on February 24,
2004 for execution. Our department will then send you a fully executed
agreement for your files.
Thank you.
J
ac ar r, Director
B -evar VCounty Public Safety Department
PRINTED ON RECYCLED PAPER
AGREEMENT
This Agreement entered into this 24th day of February, 2004 by and between the CITY OF
CAPE CANAVERAL, hereinafter referred to as the "City" and the BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of
Florida, hereinafter referred to as the "County".
WHEREAS, the County has authorized a portion of the Emergency Medical Services
Assessment be utilized to assist Primary First Responders with delivery of emergency medical care;
and
WHEREAS, the County authorized an increase to the Emergency Medical Services
Assessment to provide funding to Primary First Responder Agencies; and
WHEREAS, the County and Municipal Fire Departments are improving Fire Rescue Service
to the citizens in the areas of Brevard County through the implementation of Mutual and Automatic
Aid Agreements; and
WHEREAS, the First Responder funding provided to each agency will assist in the
improvement and quality of Emergency Medical First Response Service; and
WHEREAS, the First Responder Program provides an incentive for Primary First Responder
Agencies to provide Advanced Basic Life Support and/or Advanced Life Support care to persons
awaiting ambulance transport; and
WHEREAS, during the budget process for Fiscal Year 2003/2004, the Board of County
Commissioners authorized the First Responder Program to continue with a 3% increase over the
previous year; and
WHEREAS, it has been proven that early intervention by highly trained first responders
greatly improves a patient's chance of survival.
NOW, THEREFORE, in consideration of the sum of $67,811.80, the receipt and sufficiency
of which is hereby acknowledged by the City and the County, the parties hereto do hereby enter into
this Agreement under the terms and conditions set forth herein.
SECTION 1. RECITALS:
The above recitals are true and correct and by this reference are hereby incorporated into and
made an integral part hereof.
SECTION 2. DEFINITIONS:
Primary First Responder - Paid Fire Fighters who have the primary responsibility
of providing First Responder Services.
Advanced Basic Life Support -The utilization of Certified Emergency Medical
Technicians who are trained and equipped with
Automatic External Defibrillators and Advanced
Airway Devices and can perform all aspects of
Basic Life Support care.
Advanced Life Support - The utilization of Certified Paramedics who are
trained and equipped to perform all aspects of
Advanced Life Support care.
Front Line Unit - A fully staffed engine or squad utilizing paid personnel
assigned to immediately and primarily respond on a 24
hour basis to a specific jurisdictional area.
SECTION 3. TERM:
This Agreement shall be effective upon the signing of both parties for one (1) year.
SECTION 4. SERVICES PROVIDED:
The City Fire Department agrees to provide First Response Emergency Medical Services to all
persons in need of medical assistance within their area of jurisdiction and in accordance with any Auto
or Mutual Assistance Agreement the City may have with another jurisdiction. Service shall be
provided utilizing qualified, certified and equipped Emergency Medical Technicians and/or
Paramedics.
2
SECTION 5. COMPENSATION/PAYMENT:
The County agrees to pay the Cape Canaveral Volunteer Fire Department the sum of
$28,805.42 for each of 2 Advanced Life Support Front Line Units, $3,816.96 for Medical Direction
Fees and $6,384.00 for consumable supplies.
Payment for the first response units, Medical Direction and supplies for the fiscal year will be
processed in February/March of 2004.
The payment will be made to "Cape Canaveral Volunteer Fire Department" at the request of the
City Manager.
SECTION 6. POINTS OF CLARIFICATION:
The First Responder Rate Schedule (attached hereto as Attachment "A") applies to the units
which provide either Advanced Basic Life Support or Advanced Life Support First Response for the
entire fiscal year commencing October 1, 2003. The County will provide first responder funding for
units placed in service after October 1, 2003 on a pro -rated basis utilizing a daily pro -rating method.
For the purposes of this Agreement, a first response unit must be an engine or squad which has
permanently assigned personnel on each shift who provides first response services 24 hours per day, 7
days per week. A unit which utilizes or depends on or "shares" personnel assigned to other units
(engines, specialty vehicles, etc.) are not recognized as first response units and will not be authorized
to receive first responder funding.
SECTION 7. TERMINATION OF AGREEMENT:
This Agreement may be terminated by the City or the County for any reason upon providing
thirty (30) days written notice to the other party.
The County has the sole authority to approve of an acceptable level of care which must be
provided by the City. If the County determines that the service levels provided by the City have
declined below the established acceptable level of care, the County may, at its option, provide the City
3
with notice of the decline and an opportunity to cure, or immediately terminate this Agreement upon
written notice.
In the event of any termination by the County or City pursuant to this Section, the City agrees
to return a pro -rated amount of First Responder funding to the County from the effective date of
termination through September 30, 2004.
SECTION 8. NOTIFICATION:
Notifications should be sent to the following personnel and addresses:
Fire Chief David Sargeant
Cape Canaveral Volunteer Fire Department
8970 Columbia Rd.
Cape Canaveral, Fl. 32920
Jack Parker, Public Safety Director
Brevard County Public Safety Department
1040 S. Florida Avenue
Rockledge, Florida 32955
SECTION 9. ATTORNEY'S FEES AND COSTS:
In the event of any litigation between the parties arises out of this Agreement, each party shall
bear its own attorney's fees and costs.
SECTION 10. SEVERABILITY:
If any section, paragraph, sentence, clause, phrase, or word of this Agreement, is for any reason
held by a Court to be unconstitutional, inoperative, or void, such holding shall not affect the remainder
of this Agreement.
SECTION 11. LIABILITY:
Each party to this Agreement will be responsible for their own negligence and will maintain
appropriate insurance as necessary to meet any incurred liability under Section 768.28, F.S. Nothing
in this Agreement shall be construed to waive the limited liability conferred to both parties to this
Agreement under Section 768.28, F.S.
SECTION 12. AUDITING, RECORDS AND INSPECTIONS•
In the performance of this Agreement, the City shall keep books, records, and accounts of all
activities, related to the Agreement, in compliance with generally accepted accounting procedures.
Books, records, and accounts related to the performance of this Agreement shall be open to inspection
4
during regular business hours by an authorized representative of the office and shall be retained by the
City for a period of three (3) years after termination of this Agreement. All books, records, and
accounts related to the performance of this Agreement shall be subject to the applicable provisions of
the Florida Public Records Act, Chapter 119, Florida Statutes.
No reports, data, programs, or other materials produced, in whole or in part for the benefit and
use of the County, under this Agreement shall be subject to copyright by the City in the United States
or any other country.
SECTION 13. ASSIGNABILITY:
The City shall not assign any portion of this Agreement without the written permission of the
County.
SECTION 14. JURISDICTION, VENUE AND CHOICE OF LAW:
All questions pertaining to the validity and interpretations of this Agreement shall be
determined in accordance with the laws of the State of Florida. Any legal action by either party
against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be
deemed proper jurisdiction and venue for the action.
SECTION 15. ENTIRE AGREEMENT:
This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets
forth the entire Agreement between the parties
writing and executed by all parties.
This Agreement shall not be modified except in
SECTION 16. AUTHORIZATION/EFFECTIVE DATE:
Effective date of this Agreement will be October 1, 2003.
5
IN WITNESS WHEREOF, the parties have executed this Agreement the date and year
written above.
ATTEST:
0
Scott Ellis, Clerk
ATTEST:
:
Lm
Nancy Higgs, Chair
AS APPROVED BY THE BOARD ON FEBRUARY 24, 2004
Reviewed for legal form and content
CITY OF CAPE CANAVERAL
6
Bennett Boucher, City Manager
City of Cape Canaveral
ATTACHMENT "A"
FIRST RESPONDER RATE SCHEDULE
Paid, Full Time, Advanced Life Support Unit .............................................$28,805.42
Paid, Full Time, Advanced Basic Life Support Unit ......................................$16,708.54
Consumable Supplies:
*Allowable Per Call................................................................. $ 4.75
Advanced Life Support Medical Direction:
*Allowable Per Call................................................................. $ 2.84
Basic Life Support Medical Direction:
*Allowable Per Call................................................................ $ 1.68
*Call Load Based on Previous Calendar Year (Close Out) Totals
For the purpose of the "First Responder Agreement", "first response unit" must be an engine or squad
which has permanently assigned personnel who are immediately available to provide first response
services 24 hour per day, 7 days per week. A unit which utilizes or depends on (or "shares") personnel
assigned to other units (engines, specialty vehicles, etc.) are not recognized as first response units and
will not be authorized to receive first responder funding.
Meeting Type: Regular
Meeting Date 02-03-04
AGENDA
Heading
Considerations
Item
7
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION:
REPRESENTATIVE
CITIES
DEPT./DIVISION: LEGISLATIVE
APPOINTMENT OF AN INTERGOVERNMENTAL
AND ALTERNATE FOR THE SPACE COAST LEAGUE OF
Requested Action:
City Council consider the appointment of a regular member and alternate member to the Space Coast League of
Cities Intergovernmental Committee.
Summary Explanation & Background:
This committee meets to discuss and recommend items regarding issues and legislation that affect our Brevard
County cities.
Please advise.
Exhibits Attached:
City Manager's Office
Department LEGISLATIVE
Meeting Type: Regular
Meeting Date 02-03-04
AGENDA
Hea&ng
Ordinance -2nd Reading
Item
g
No.
been embroiled in a property lawsuit. Said parties to the suit agreed to a stipulated judgment (attached), which was
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 32-2003, VACATING A (12) FOOT WIDE ALLEYWAY ADJACENT
TO LOTS 5, 10, 11,12, 13,14 AND 15 OF BLOCK 75 OF AVON BY THE SEA
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
City Council consider adoption of Ordinance No. 32-2003 vacating a (12) foot wide alleyway adjacent to Lots 5,
10, 11, 12, 13, 14 and 15 of Block 75 of Avon by the Sea subdivision, as recommended by the Planning & Zoning
Board.
Summary Explanation & Background:
As the city attorney mentioned in the attached memo of 07-02-03, some of the surrounding property owners have
been embroiled in a property lawsuit. Said parties to the suit agreed to a stipulated judgment (attached), which was
signed by Judge Maxwell.
Paragraph 14 of the stipulated judgment states that the parties will cooperate in petitioning the City to vacate the
alleyway and pay the City any administrative costs and recording fees.
The City Council approved this ordinance at first reading on 09-16-03 asking the petitioner to verify any and all
utility easements within the alley. There are no utility easement conflicts, and I recommend approval.
Exhibits Attached:
Ordinance No. 32-2003 and supporting documents
City Manager's Office
Department P&Z/GROWTH MGMT
—r� f d
IN ORLANDO:
DEAN, MEAD, EGERTON, BLOODWORTH,
CAPOUANO & SOZARTH, P.A.
BOO NORTH MAGNOLIA AVENUE
SUITE 1500
P.O. BOX 2346
ORLANDO, FL 32802-2346
(407) 841-1200
FAX (407) 423-1831
Writer's E -Mail
JHedman@deanmead.com
DEAN
MEAD
ATTORNEYS ANDCOUNSELORS AT LAW
www.deanmead.com
IN MELBOURNE AND VIERA:
DEAN MEAD
8240 DEVEREUX DRIVE
SUITE 100
VIERA, FL 32940-8200
(321) 259-8900
FAX (321) 254-4479
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
PLEASE REPLY TO:
VIERA
January 15, 2004
IN FORT PIERCE:
DEAN, MEAD, MINTON & KLEIN
1903 SOUTH 25TH STREET
SUITE 200
P. O. BOX 2757
FORT PIERCE, FL 34954
(772) 464-7700/562-7700
FAX (772) 464-7877
Writer's Direct Dial
(321) 259-8900 x. 125
Re: City of Cape Canaveral/Vacation of Alleyway between blocks of Lincoln
Avenue and Johnson Avenue, Section 23, Township 24S, Range 37E,
Avon By the Sea Subdivision, Block 72, Lots 5, 11, 12 and 13
Our File No. 17413/32730
Dear Mr. Boucher:
Enclosed please find a copy of the Sketch of Survey which has been updated as of
December 17, 2003, to locate the utilities. Hopefully, you will be able to schedule the final
hearing on the Petition to Vacate the subject alleyway. Please provide me with as much notice as
possible so that I may arrange my schedule and contact my clients to attend the Council meeting.
If there are additional questions or issues which we need to address, please
contact me.
i
JH:sl
Enclosure
cc: Client (w/o encl.)
ORLANDO
V002ass6vt
• FORT PIERCE • VIERA • MELBOURNE
City of Cape Canaveral, Florida
City Council Regular Meeting
September 16, 2003
Page 4
AN ORDINANCE OF THE CiTY COUNCIL OF THE CiTY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, VACATMNi THAT PORTION OF A TWELVE -FOOT WIDE ALLEYWAY
LYING BETWEEN AND ADJACENT TO LATS 5, 10, 11, 12, 13, 14 AND 15, BLOCK 72 OF
"AVON BY THE SEA," RECORDED BI PLAT BOOK 3, PAGE 7, OF THE PUBLIC RECORDS
OF BREVARD COUNTY, FLORIDA* (CONTAINING APPROXiMATELY 3,267 SQUARE FEET,
MORE OR LESSp PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY AND EFFECTIVE DATE.
Mayor Randels read a letter from the City Attorney dated July 21, 2003 to the City
Manager. Mayor Randels also read a letter from Mr. and Mrs. Ronald and Kathleen lister
from Bayport, New York that was sent by facsimile to the City Manager as of September
16, 2003. W. Morgan inquired if the Council should proceed with the matter. Attorney
Busk replied that public purpose was the focus of Council's decision. Attomey Jason
Hedman stated that the Monarty's were agreeable to vacation and consent from the
parties involved was previously granted. Attorney Suak advised that alleyway could not be
granted as half. Mr. Hoog asked if any utilities were located.
Mr. Ed Gardulski, Public Works Director replied that the City utilities ceased at the right
way. Mayor Randels inquired about the consequences of vacating in light of any utilities.
Attorney Bua k replied that the City would need to review the franchise agreements with
the established utilities. W. Gardulski said that the City could vacate and leave an
easement for the utilities. Attorney Busk replied to Mr. Hoog that the City would need to
enter an agreement with the separate utilities as well as the property owners. ilk. Hoog
asked who is responsible to determine where the utilities are within the easement. Mr.
Boucher replied that the property owners are responsible. Attoniey Buak advised than the
ordinance be approved contingent upon the utility easement and subsequently requiring
the easements as part of the actual adoption.
Mayor Pro Tem Petsos inquired about Judge Memoirs court order and asked d anyone
could be held in contempt if they disagreed with the vacation after the fad. Attorney Suak
replied that the property owners were to collaborate as part of the court order. Mrs.
Vicidomirr pointed out that that city does have a use since there are utilities in the
alleyway. She restated her frustration in attempting to discover if the alleyway were
vacated. She stated that all parties involved met the Court ordered obligation and were
now befa a the Council for a decision to vacate. Mr. Vicidomini pointed out that iaif of the
alleyway was depicted as vacated on the aerial. Attorney Hedman said that his research
found that the entire alleyway was open for vacating.
Mr. Boucher restated that Council could take action with a stipulation and at the next
reading make any kund utility easements part of the vacation. ilk. Vicidomini pointed out
that that appurtenances did also exist in the alleyway. Attomey Buak stated that the City
would only need to address the utility easements and any other matters would be subject
to civil suit. Attomey Donne Mer, representing Mr. Walter Schoenfeld asked who
would maintain the easement? Mayor Randels stated that the land would be turned over to
those of the utility franchise. Attorney Suak stated that fee simple interest is awarded to
the property owners and the City would create an easement for access to the utilities.
City of Cape Canaverat, Florida
City Council Regular Meeting
September 16, 2003
Page 5
Attorney Dressler expressed concern with planing the burden to maintain the easement on
the property owner instead of the utility. Mrs. Vcidomini stated that the alleyway has a
public purpose because of the utilities and she requested tree removal on the east side of
the alley prior to vacation. Attorney Dressier stated that Mr. Schoenfeld owns the entire
portion including the landscaping and the matter is an issue for the Courts. Mr. Boucher
stated that all parties would receive a copy of the agenda packet material prior to the next
scheduled meeting.
A motion was made by Mr. Hoog and aacatded by Mayor Pro Tem Petsos to Adopt
Ordinance 32-2003 subject to the Entry and Recording of Utility Easements and
remitting the Necessary Invoices regarding Cost to the Property Owners. The vote
on the motion canted 40 with voting as follows: Mr. Hoog, For; Mr. Morgan, For;
Mayor Pro Tern Petsos, For, and Mayor Randels, For:
6. Motion to Approve: Ordinance No. 33-2003; Adopting Amendments to
Chapter 02 Relaying to Collection to Solid Waste, at first reading.
Mayor Randels read Ordinance No. 33-2003 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL„ BREVARD COUNTY,
FLORIDA, ADOPTING TECHNICAL "HOUSE CLEA M" AMENDMENTS TO CHAPTER 62 OF THE
CITY CEDE RELATWO TO THE COLLECTION OR SOLID WASTE AND RECOVERABt.E MATERIALS;
PROVIOM FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels stated that the needed changes were found during a recent code review
meeting.
There was no public comment.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
Adopt Ordinance No. 33-2003 at first reading. The vote on the rrwtion carried 40
with voting as follows: Mr. Hoog. For; Mr. Morgan, For, Mayor Pro Tem Petsos, For;
and Mayor Randels, For.
MUTTONS.
7. Motion to Approve: Resolution No. 2003-32, Approval of Final Re -Plat for
Johanson Townhomes.
Mayor Randels read Resolution No. 2003-32 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPROVIDNO THE FINAL RE•PLAT OF "JOHANSON TOIIYNHOMM, AUITHORIZING THE
MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE 32-2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
VACATING THAT PORTION OF A TWELVE -FOOT WIDE
ALLEYWAY LYING BETWEEN AND ADJACENT TO LOTS 5,
10, 11, 12, 13, 14 AND 15, BLOCK 72 OF "AVON BY THE
SEA," RECORDED IN PLAT BOOK 3, PAGE 7, OF THE
PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA,
(CONTAINING APPROXIMATELY 3257 SQUARE FEET, MORE
OR LESS); PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral has been asked to
consider vacating the aforementioned alleyway; and
WHEREAS, public utilities are not presently located within the alleyway; and
WHEREAS, the City Council of the City of Cape Canaveral hereby finds that there is
no longer a public need for the alleyway; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance
is in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
Sectlon 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
this reference as legislative findings and the intent and purpose of the City Council of the
City of Cape Canaveral.
5en,L Vacation of Alleyway. The City of Cape Canaveral hereby vacates
that portion of a twelve -foot wide alleyway lying between and adjacent to Lots 5, 10, 11, 12,
13, 14 and 15, Block 72 of "AVON BY THE SEA," recorded in Plat Book 3, Page 7, of the
Public Records of Brevard County, Florida (containing approximately 3257 square feet, more
or less).
3ect[on 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, Florida
Ordinance No. 32-2003
Page 1 of 2
Section A. 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.
Sgt S. 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
ATTEST:
Susan Stills, CITY CLERK
Rocky Randels, MAYOR
FOR AGAINST
Bob Hoog
Steve Miller
Jim Morgan
Rocky Randels
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY Richard Treverton
OF CAPE CANAVERAL ONLY:
Anthony A. Garganese, CITY ATTORNEY
City of Cape Canaveral, Florida
Ordinance No. 32.2003
Page 2 of 2
City of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Vacation of Alleyway Request - Resolution
The Planning & Zoning Board reviewed the above referenced resolution and concluded
that in the best interest of the City the City Council should approve this request.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
BROWN, SALZMAN, WEISS & GARGATTESE, P.A.
Usner L. Brown '
Suzanne D'Agresta=
Anthony A. Garganese-
Gary S. Salzman*
Jchn H. Ward'
Jeffrey S. Weiss
'=oard Certified Civil Trial Lawyer
'Board Certified Business Litigation Lawyer
-2oard Certified City, County & Local Government Law
Bennett Boucher, City Manager
City Of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Attorneys at Law
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher
Cocoa & Viera Jeffrey P. Suak
John U. Biedenham, Jr.
Joseph E. Blitch
Michelle H. Brett
Douglas Lambert
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scariatos
July 2, 2003 Erin J. O'Leary
Of Counsel
Re: Resolution - Vacation of Alleyway
City of Cape Canaveral - Our File No.: 513-008
Dear Bennett:
I have reviewed the file provided by staff regarding the vacation of the alleyway near Lincoln
Avenue and have spoken with Attorney Jason Hedman regarding the same. Based on my review,
the City can proceed with the vacation of the alleyway, provided the City and the public utilities
operating vjithin the City do not have any use for it.
As an interesting side note, it appears that some of the surrounding property owners have
been embroiled in a property,law suit. The parties to the suit are Moriarty, Kister, and Tides Inn
Condominium, Inc. The parties ultimately settled their suit and agreed to a stipulated judgment
which was signed by Judge Maxwell. Paragraph 14 of that judgment states that the parties will
cooperate in petitioning the City to vacate the alleyway. Further, the parties agreed to pay any
administrative costs imposed by the City including publication fees and recording fees. The City
should prepare the necessary invoice and remit it to the parties for reimbursement prior to the City
Council's adoption of the resolution. You may want to seek reimbursement of attorneys' fees for
my time in reviewing the file and preparing the resolution (approximately 2.0 hours).
Please submit the resolution to the Planning and Zoning Board for recommendation to the
City Council. In addition, the City should notice the adjacent property owners of the Planning and
Zoning and Council meetings.
V truly ours,
Anthony A. Garganese
City Attorney
AAG:jf
Enclosure '
225 East Robinson Street, Suite 6660 • 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.orlandclaw.net • Email: firth@oriandolaw.net
SUMMARY OF PETITION TO VACATE ALLEYWAY
1. The Petition to Vacate Alleyway is to correct a misunderstanding
due to a prior Resolution to vacate the alleyway in 1973 which was conditioned upon
certain construction occurring within six months. The construction did not occur. See
details in Memo from Greg Mullins, Code Enforcement Officer, Item No. 49 in the City's
package of documents.
2. All adjoining property owners have consented to the vacation of
the alleyway. Item Nos. 6, 23, 24, 26 and 28.
3. The Petitioners have been patiently awaiting action by the City
since August 15, 2002. Item Nos. 60 and 61 in the City's package.
4. The Public Records of Brevard County reflect no vacation of the
alleyway. Item No. 66 from Forrest I(ooker, LandAmerica Title Agent.
5. That issues between the property owners of Lot 13 and Lots 11 and
12 regarding access were resolved by the Final Judgment entered in the civil lawsuit
between said lot owners. Item Nos. 77 through 83.
V0021448v t
DEAN
MEAD
ATTORNEYS AND COUNSELORS AT LAW
IN ORLANDO:
DEAN, MEAD, EGERTON, BLOODWORTH,
CAPOUANO 6 BOZARTH, P. A.
800 NORTH MAGNOLIA AVENUE
SUITE 1500
P. O. BOX 2346
ORLANDO, FL 32802-2346
(407) 841-1200
FAX (407) 423-1831
Writer's E -Mail
jhedman@deanmead.com
Todd Morley, Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920-0326
IN MELBOURNE AND VIERA:
DEAN MEAD
www.deVmead.com
8240 DEVEREUX DRIVE
SUITE 100
VIERA, FL 32940-8200
(321) 259-8900
FAX (321) 254-4479
PLEASE REPLY TO:
VIERA
April 23, 2003
IN FORT PIERCE:
DEAN, MEAD. .INTON S KLEIN
1903 SOUTH 25TH STREET
SUITE 200
P. O. BOX 2757
FORT PIERCE. FL 34954
(772) 464-77CO/562-7700
FAX 1772) 464-7877
Writer's Direct Dial
(321) 259-8900 x. 125
Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11,
12 and 13
Our File No. 17413/32730
Dear Mr. Morley:
On March 5, 2003, I forwarded to Ms. Susan Chapman the documents requested
by the City in order to vacate the above -referenced alleyway. In a recent telephone conversation,
you advised that you were in the process of reviewing this matter. Please let me know when you
anticipate your review will be completed. As you may be aware, my clients are quite eager to
have this matter brought to a final resolution. If you need assistance regarding the factual history
or if any additional information is required, please feel free to contact me.
JH:sl
cc
Thank you once again for your assistance in this matter.
Bennett Boucher, City Manager
Clients
Commonwealth Land Title Insurance Company
Attn.: Chris Fulmer, Claims Representative
ORLANDO 0 FORT PIERCE 0 VIERA • MELBOURNE
IN ORLANDO:
DEAN, MEAD, EGERTON. BLOODWORTH,
CAPOUANO 6 BOZARTH, P. A.
800 NORTH MAGNOLIA AVENUE
SUITE 1500
P. 0. BOX 2346
ORLANDO. FL 32802-2346
(407) 841-1200
FAX 1407) 423-1831
Writer's E -Mail
jhedman@deanmead.com
DEAN
MEAD
ATTORNEYS AND COUNSELORS AT LAW
IN MELBOURNE AND VIERA:
DEAN MEAD
www.de4nmead.com
8240 DEVEREUX DRIVE
SUITE 100
VIERA, FL 32940-8200
(321) 259-8900
FAX (321) 254-4479
PLEASE REPLY TO:
VIERA
March 28, 2003
Susan L. Chapman, Administrative Assistant
to the Building Official
City of Cape Canaveral
105 Pols: Avenue
Cape Canaveral, Florida 32920-0326
IN FORT PIERCE:
DEAN, MEAD. .INTON S KLEIN
1903 SOUTH 25TH STREET
SUITE 200
P. O. BOX 2757
FORT PIERCE, FL 34954
(772) 464-7700/562-7700
FAX (772) 464-7877
(
Writer's Direct Dial
(321) 259-8900 x. 125
Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11,
12 and 13
Our File No. 17413/32730
Dear Ms. Chapman:
Enclosed please find an Owner's Statement signed by Mr. Walter R. Schoenfeld,
the owner of Lot 5, consenting to the vacation of the subject alleyway. On March 5, 2003, I
previously forwarded to you the documentation necessary to proceed with vacation of the
alleyway. Please let me know the status of this matter.
JH:sl
Enclosure
cc
Thank you once again for your assistance.
Clients
Commonwealth Land Title Insurance Company (w/encl.)
Attn.: Chris Fulmer, Claims Representative (w/encl.)
Donna Dressler, Esq. (w/o encl.)
ORLANDO 0 FORT PIERCE 0 VIERA 0 MELBOURNE
C
OWNER'S STATEMENT
RE: Vacation of Alley between Lot 5 and Lots 11, 12, and 13, Block 72, Avon
by the Sea, Plat Book 3, Page 7, Public Records of Brevard County, Florida
I, WALTER R. SCHOENFELD, the undersigned owner of Lot 5, hereby agrees
to and approves the vacation of the alley located between the above -referenced Lot 5
and Lots 11, 12, and 13; provided, however, that this statement shall in no way be
construed as an acknowledgment by the undersigned that such alley has not, in fact,
already been V2cated.
WALTER R. SCHOENFELD'
i
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing was acknowledged before me this �_ day of March, 2003, by
WALTER R. SCHOENFELD, who is ❑ personally known to me or ❑ who has
producer his Florida Driver's license as identification and who did not take an oath.
My commission expires:
Donna Dressler
'moo -1 a� '�,,Commiaion # DDOSM06
a'
2006
g�ded thin
Atlantic Bonding Go., mc.
OTARY PUBLIC - State of Florida
�l
IN ORLANDO:
DEAN, MEAD, EGERTON. BLOODWORTH,
CAPOUANO 6 BOZARTH, P. A.
800 NORTH MAGNOLIA AVENUE
SUITE 1500
P. O. BOX 2346
ORLANDO, FL 32802-2346
(407) 841-1200
FAX (407) 423-1831
Writer's E -Mail
jhedman@deanmead.com
ATTORNEYS AND COUNSELORS AT LAW
IN MELBOURNE AND VIERA:
DEAN MEAD
www.deacmcad.com
8240 DEVEREUX DRIVE
SUITE 100
VIERA, FL 32940-8200
(321) 259-8900
FAX (321) 254-4479
PLEASE REPLY TO:
VIERA
March 5, 2003
Susan L. Chapman, Administrative Assistant
to the Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920-0326
IN FORT PIERCE:
DEAN, MEAD, MINTON 6 KLEIN
1903 SOUTH •25TH STREET
SUITE 200
P. O. BOX 2757
FORT PIERCE, FL 34954
(772) 464-7700/562-7700
FAX (772) 464-7877
Writer's Direct Dial
(321) 259-8900 x. 125
Re: Vacation of Alleyway Request/Lincoln and Johnson Avenues/Lots 5, 11,
12 and 13
Our File No. 17413/32730
Dear Ms. Chapman:
On August 15, 2002, I filed a formal request for the vacation of the above -
referenced alleyway on behalf of Mr. and Mrs. Moriarty. On September 9, 2002, you advised
that various documentation was necessary in order to proceed. Enclosed please find the
following documents:
1. Nine sealed copies of boundary survey of the proposed vacated property
signed by a registered surveyor.
2. Said survey contains a legal description of the proposed vacated property.
3. Correspondence dated November 11, 2002, from Forrest Rooker of
LandAmerica confirming the identity of all contiguous property owners.
(Vicidomini).
4. Owner's Statement from Tides Inn Condominium Association, Inc.
5. Owners' Statement from Timothy J. Moriarty and Denise Moriarty.
6. Owners' Statement from Ronald Kister, Sr., and Kathleen Kister.
7. Owner's Statement from Siesta Del Mar Condominium Association, Inc.
e
ORLANDO • FORT PIERCE 0 VIERA • MELBOURNE
Susan L. Chapman, Administrative Assistant
to the Building Official
City of Cape Canaveral
March 5, 2003
Page 2
I have requested a Consent from Mr. Walter Schoenfeld, yet, after many months
of delay, this Consent was not provided. Otherwise, I believe all requirements of
Section 110.476 of the City of Cape Canaveral Code of Ordinances have been met. I understand
that you will proceed with the steps necessary to vacate the subject alleyway.
Thank you for your assist
JH:sl
Enclosures
Certified Mail No. 7001 2510 0009 0343 6948
Return Receipt Requested
cc: Client
(without enclosures)
M0013203v
702N, ZH
W,,
L\ LANDAMERICA
Service Center for: COMMONWEALTH LAND TITLE INSURANCE COMPANY
And LAWYERS TITLE INSURANCE CORPORATION
3910 S. Washington Ave., Suite 112
----Titusville, Florida 32780
Phone (321) 267-3741
Fax(321)267-3765
November 11, 2002
Jason Hedman
Dean, Mead, Spielvogel & Goldman
101 South Courtenay Pkwy.
Suite 201
Merritt Island, FL 32952
RE: Your File No. 17413/32730, Vacation of Alleyway
Dear Mr. Hedman,
Enclosed please find a copy of the plat map that you requested along with property
ownership information for the surrounding properties as taken from the current Brevard
County Tax Rolls and updated through November 4, 2002.
I apologize for the delay and hope you find everything in order. Please let me know if
you need anything further.
Sincerely,
Forrest R. Rooker, Jr., C.L.S.
Branch Manager
Enclosures as stated
Cc: Chris Fulmer, Commonwealth Claims
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PARCEL: 24 3723CG 72
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NO: 2434808 MII,L CODE: 26G0
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SITE 419 LINCOLN AV CAPE
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USE: 0110
C';INER'S NA.;E:
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SCHOENFELD, WALTER
419 LINCOLN AV
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421 LINCOLN AVE UNIT 2 PAI ECCE PACE: 03 — 0007 2509636
CAPE CANAVERAL FL 32920 UNIT 1 TIDES INN CONDO
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VICIDOMINI, ALFONSO
VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2
-'LAT BOOK PAGE: 03 - 0007
2509660
CAPE CANAVERAL FL 32920
UNIT 2 TIDES INN CONDO
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11/11/02 =___ ? R 0 P E R T Y I N Q U I R Y S C R E E N =__= PMI165M1
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SITE 421 LINCOLN AV 3 CAPE CANAVERAL, FL 32920 USE: 0414
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VICIDOMINI, ALFONSO
VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2 =--AT BOCK - CE: 03 - 0007 2509695
CAPE CANAVERAL FL 32920 UNIT 3 TIDES INN CONDO
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VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 3 PEAT BOCK =ASF: 03 - 0007 2509725
CAPE CANAVERAL FL 32920 UNIT 4 TIDES INN CONDO
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SITE 421 LINCOLN AV 6 CAPE
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0"�NER'S NAME:
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VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2
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CAPE CANAVERAL FL 32920
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11.08 ACCT
NO: 2434851 MILL CC E: 26G0
15:12:30
SITE 421 LINCOLN AV 8 CAPE
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USE: 0414
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421 LINCOLN AVE UNIT 2
PLrI BCCK PAGE: 03 - 0007
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CAPE CANAVERAL FL 32920
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24 3723CG 72 11.09 AC:T NO: 2434852 M171, CODE: 26G0 15:12:31
SITE 421 LINCOLN AV 9 CAPE CANAVERAL, FL 32920 USE: 0414
OWNER'S NAME: CONDOMINIUM UNIT
VICIDOMINI, ALFONSO
VICIDOMINI, EILEEN H/W
421 LINCOLN AVE UNIT 2 D --AT BOOK PAGE: 03 — 0007 2509881
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I N Q U I R Y S C R E E N =_==
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PARCEL: 24 3723CG 72
12 A:CCI NO: 2434853 M171, CODE: 26G0
15:12:37
SITE 423 LINCOLN AV CAPE
CANAVERAL,
FL 32920
USE: 0110
S NAMIF :
SINGLE FAMILY RESIDENCE
KISTER, RONALD SR
KISTER, KATHLEEN H/W
25 AMY DR
PLAT BOCK PAGE: 03 — 0007
2509911
SAYVILLE NY 11782
LOT 12 BLK 72 & VACATED
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11/11/02 =__= P R 0
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I N Q U I R Y S C R E E N =__=
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PARCEL: 24 3723CG 72
13 ACCT NO: 2434854 FILL CCE: 26G0
15:12:41
SITE 425 LINCOLN AV CAPE
CANAVERAL,
FL 32920
USE: 0110
O'41:ER'S NAME:
SINGLE FAMILY RESIDENCE
MORIARTY, TIM J
MORIARTY, DENISE H/W
P 0 BOX 320704
PLAT BOOK PACE: 03 - 0007
2509946
COCOA BCH FL 32932-0704
LOT 13 BLK 72 & VACATED
ST ON E
AVON BY THE SEA
2C0=
2002
_.
LAN:: 156250
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B 228140
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SITE : _ 120
n4�
0
OWNER'S STATEMENT
Re: Vacation of Alley between Lot 5 and Lots 11, 12 and 13, Block 72, Avon
by the Sea, Plat Book 3, Page 7, Public Records of Brevard County,
Florida
1, the undersigned owner of Lot 11 hereby agree and approve to vacation of the
alley located between Lot 5 and Lots 11, 12 and 13. I request the city to vacate the alley and
approve of this request.
TIDES INN CONDOMINIUM ASSOCIATION,
INC.
By
Print .e: L "' r- ,
("Property Owner")
STATE OF FLORIDA:
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this g M day of
L� 2002, by PLP0N7SO V tai DON w i , as of TIDES INN
CONDOMINIUM ASSOCIATION, INC., a Florida corporation, on behalf of said corporation, who
n is personally known to me or IEI has produced {= t ja 11, i `v en I -H!n --ZOO is as
identification and who did not take an oath.
p�.. Stanley Ka=mde
�°�,,Commission # DD137501 Notary Public, State of Florida at Large
?: ,
�� ice= Expires Sep. $, 2006 Print Name: ;J1
`�` Bonded Thm
' 4 o,`� Commission No. H-1501
0iiAI.(dIIL1C Bonding GO.,Inc.
My Commission Expires: 5�'p--2-0 p(a
(Seal)
\400091 98. l 94W
0
OWNER'S STATEMENT
Re: Vacation of Alley between Lot 5 and Lots 11, 12 and 13, Block 72, Avon
by the Sea, Plat Book 3, Page 7, Public Records of Brevard County,
Florida
We, the undersigned owners of Lot 13 hereby agree and approve to vacation of
the alley located between Lot 5 and Lots 11, 12 and 13. We request the city to vacate the alley
and approve of this request.
ld / ,cam.
TIMOT , . MO ARTY
bErN SE MORIARTY
("Property Owners")
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this _��day of
11�I. - / , 2002, by TIMOTHY J. MORIARTY, who ❑ is personally known to me or
12-fia produced V � -, G�— �-,, -i-<� n� i�� as idenification and who did
not take an oath. $ Mlp �r5 -� \ D - 3 3 - l^ q C1- D �'c '3 1 1 C1 � DS
DONNA M. HARPER
.'� MY COMMISSION # CC 983446
EXPIRES: November 26, 2004
Bonded Thru Notary Public Underwiitars
M0009199.1
L"' , /,--,
Notary Public, State of Florida at Larg '
1_Cl
Print Name: � N\, �-l'I f
Commission No. 4 C 1 tom; i �A V
My Commission Expires:
(Seal) k) L) J . a L -I aDa
U�A
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this o_ day of
C , 2002, by DENISE MORIARTY, who ❑ is personally known to me or EY
has produced i -lam c - fl, as ident*fi tion and who did
not take an oath. P -r - P . 9 M / O 6
A.
;.:�.., DONNA M. HARPER Notary Public, State of Florida at 'age
MY COMMISSION # CC 983448 rj
EXPIRES: November 26, 2004 Print Name: y�y`
Bonded Thru Notary Public Underwriters w
Commission No. -LF
My Commission Expires:�'
(Seal)
M0009199.1 2
2'
Re: Vacation of Alley between Lot S and Lots 11, 12 and 13, Block 72, Avon
by the Sea, Plat Book 3, Page 7, Public Records of Brevard County,
Florida
We, the undersigned owners of Lot 12 hereby agree and approve to vacation of
the alley located between Lot S and Iota 11, 12 and 13. We request the city to vacate the alley
and approve of this request.
RONALD KISTER, SR
KATHLEEN KISTER
("Property Owners')
STATE OF
COUNTY OF
b
G' U
The foregoing instrument was acknowledged re me this 13 day of
2002, by RONALD KISTER, $R, who is personally known to me or ❑
has produced as identi$cation and who did
not take an oath.
U �—
Notary Public, Sta a of Ale u
•' Print Name: E 11-20 2 0 CW
Commission No. 01WT
My CommissionExpires
(Seal)
ELLEN WEGLARZ
NOTARY PUBLIC, State of New York
No. 01 W E4862085
M00091901' Commission Expires June 16. 2110:6
STATE OF 4v,4 okf( ;
COUNTY OF Su F Fo 1 IL
The foregolug instryment was acknowledged be me this 13 day of
c+� e r , 2002, by KATHLEEN KISTM who Er personally known to me or ❑
has produced
not take an oath. as identification and who did
M0009190.1
Notary Public, State of o,e I
Print Name:—Ole n ar
Commission o. of 6 g 5
My Commission Expires:
(Sea)) ,at u�
EL EN WEGLARZ
NOTARY PUBLIC, State of New York
No. 01 WE4862085
Commission Expires June 16, 200
0-Tq
OWNER'S STATEMENT
Re: Vacation of Alley between Lot 5 and 10 and Lots 11, 12, 13, 14 and 15,
Block 72, Avon by the Sea, Plat Book 3, Page 7, Public Records of
Brevard County, Florida
I, the undersigned owner of Lots 10, 14 and 15, hereby agree and approve to
vacation of the alley located between Lot 5 and 10 and Lots 11, 12, 13, 14 and 15. I request the
city to vacate the alley and approve of this request.
SIESTA DEL MAR CONDOMINIUM
ASSOCIATION, INC.
By
Print Name: C 1, cx ara,J g. Co -KF- /� ✓Z C-5 �����
("Property Owner")
STATE OF FLORIDA:
COUNTY OF BREVARD
The fore m instrument was acknowledged efore met is day of
2003, by ars On COO , as of SIESTA DEL
MAR CONDOMINIUM ASSOCIATION, INC., a Floridcorporation, o behalf of said corporation,
who is personally known to me or has produced ,t a a<
identification and who did not take an oatT— '01, G / l
? �;, C1 4 -d-�
Notary Public State of F and t Lar e
Print Name 4� � (514
Commission No.
My Commission Expires, ANNETTEANDERSON
CO
(Seal) " MMISSION # DD 021853
EXPIRES: June 10, 2005
^toad Ttuu Notary Public Underwriters
M0013367v
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1po
TIMOTHY J. MORIARTY and
DENISE MORIARTY,
Plaintiffs,
vs
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT,
IN AND FOR BREVARD COUNTY,
FLORIDA
Civil Action No. 05-1999-CA-048842-XXXX-XX
RONALD KISTER, SR., KATHLEEN
KISTER, and TIDES INN CONDOMINIUM
ASSOCIATION, INC.,
Defendants.
SUBPOENA
THE STATE OF FLORIDA:
kel D
TO: MORRIS REED, Building Official
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
YOU ARE HEREBY COMMANDED to appear before the Honorable George W.
Maxwell III, Circuit Judge, at The Moore Justice Center, 2825 Judge Fran Jamieson Way, Viera,
Florida, on the 25th day of February, 2002, at 9:00 o'clock a.m., to testify in th is action. If you
fail to appear, you may be in contempt of Court.
TERRI G. SIROIS -
CERTIFIED PROCESS SERVER #86
EIG ENTH JUDICIAL CIC T 0URT
DATE 15-Q4ME �'�
You are subpoenaed to appear by the following attorneys and, unless excused from
this Subpoena by these attorneys or the Court, you shall respond to this Subpoena as directed.
DATED on �" l� % , 2002.
n
Jason Hed4an, For the Court
Florida r No. 0507555
Dean ead, Spielvogel & Goldman
101 South Courtenay Parkway, Ste. 201
Merritt Island, Florida 32952-4855
(321) 453-2333
Attorneys for Plaintiffs
Please call Sue Lomax at 453-2333 on February 22 to confirm date and time you will be required
to testify. This is a five-day trial docket commencing February 25, 2002.
F:\JMDO032730-Subpoena-Reed
2
0�5\
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
Richard S. Amari
Kohn Bennett
Bradly Roger Bettin, Sr.
Charles G. Crawford
Mitchell S. Goldman
J. Wesley Howze
David R. Martin
Stephen C. Mays
.liatthew J. Monaghan
Kendall T. Moore
Mark Y. McQuagge
Mark S. Peters
David INI. Presnick
Charles R. Steinberg
.James S. Theriac, III
Of Counsel
Susan Stills, City Clerk
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: MORIARTY V. KISTER
Dear Susan:
Reply to: Cocoa Post Office Box
February 21, 2002
Mariner Square
96 Willard Street, Suite 302
Post Office Box 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plaza
Suite B104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (321) 259-6611
Fax (321) 259-6624
I have received and reviewed your February 20, 2002 fax and attachments related to Moriarty
v. Kister. I have also reviewed your statement wiih regard to the inquiries from Al and Lee
Vicidomini. All issues seem to be well addressed as the court case appears to be settling and your
statements to the Vicidominis was right on. Please keep me posted with any new developments as
I will continue to monitor the matter related to trial subpoenas and prospective trial dates.
Please contact me with any questions or concerns.
Sincerely.
Mark McQuaage, Esquire
MM:mem
0��
Feb 21 02 11:55a
Richard S. Amari
Kahn Bennett
Bradly Roger Bettla, Sr.
Charles G. Crawford
Mitchell & Goldman
J. Wesley tiowze
David R. Martin
Stephen C. ;Nays
Matthew J. Monaghan
Kendall T. Moore
Mark N. McQuagge
Mark S. Peters
David M. Presnick
Charles R. Steinberg
James S. Theriac. III
Of Counsel
Mary E. Lytle, PA -
Amari & Theriac
3216399950
LAW OFFICES
AMARI & THERIAC9 P.A.
Attorneys and Counselors At Law
Susan StilIs, City Clerk
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: MORIARTY V. KISTER
Dear Susan:
Reply to! Cocoa Post Office Box
February 21, 2002
p.2
A
�J
j
Mariner Square
9 ailard Strect. Suite 302
Post Office Boz 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plaza
Suite B104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (321) 259-6611
Fax(321)259-6624
I have received and reviewed your February 20, 2002 fax and attachments related to Moriarty
v. Kisser. I have also reviewed your statement with, regard to the inquiries from Al and Lee
Vicidomini. All issues seem to be well addressed as the court case appears to be settling and your
statements to the Vicidominis was right on. Please keep me posted with any new developments as
I will continue to monitor the matter related to trial subpoenas and prospective trial dates.
Please contact me with any questions or concerns.
Sincerely,
KWA
Mark McQuagge, Esquire
NfM:mem
0
Feb 21 02 11:55a
Richard S. Amari
Kobo Bennett
Bradly Roger Bettin, Sr.
Mitchell S. Goldman
J. Wesley Howze
David R. Martin
Matthew J. Monaghan
Mark N. McQnagge
Mark S. Peters
David M. Presnick
Charles R Steinberg
James S. Tberiac, III
orcounsel:
Mary E. Lytle, P.A.
Amari & Theriac 3216399950
LAW OFFICES
AMAM & THERIAC, P.A.
Attorneys and Counselors At Law
Reply to: Cocoa Post Office Box
FACSIMILE TRANSMISSION
P.I
Mariaer Square
96 Willard Street, Suite 302
Post Office Box 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Film
Suite B104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (32I) 259-66I1
Fax (321) 259-6624
The information contained in this facsimile message is a privileged and confidential attorney
communication, intended only for the use of the individual or entity named below. If the reader
of this message is not the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this
communication in error, please notify us immediately by telephone collect and return the original
message to us at the address listed above via the United States Postal Service at our expense.
Thank you.
DATE:
FROM?: MARK MCQUAGGE, ATTORNEY
Direct Fax No.: (321) 639-9950
TO: SU 4
FAX NO:q '-51'-)O
TOTAL NUMBER OF PAGES (including cover sheet): ( D`
If you have problems with this FACSIMILE TRANSMISSION, please call Mary Moss at
321-639-1320.
F
105 Polk Avenue, Cape Canaveral, FL 32920
Telephone: (321) 868-1220/ 1221
FAX: (321) 799-3170
To: Mark McQuagge, City Attorney From: Susan Stills, City Clerk
Fax: 321-639-9950 Pages: 4 (Letter from J. Hedman, Res. #73-11)
Phone: 321-639-1320 Date: 2/20/2002
Re: 421 Lincoln Avenue CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
• Comments:
Mark:
Mr. and Mrs. Al and Lee Vicidomini came in to City Hall requesting documentation on the above-named
alleyway. I informed them that I could give them copies of the resolution on this matter, however I could
not provide a statement saying that the City owned this property in order for them to avoid court
proceedings. It appears that rightful ownership of the property has not been established and there are
no City records that prove that Resolution No. 73-11 to Abandon, Close and Vacate the Alleyway was
ever recorded with the County Clerk of Court.
DEAN, MEAD, SPIELVOGEL & GOLDMAN
ATTORNEYS AND COUNSELORS AT LAW
—.dcanmeadcom
IDI SOUTH COURTENAT PARKWAY, SUITE 201
MERRITT 16LANO, FLORIDA 32952-x655
1321) 453.2333
F/.x (3211 453.6641
Via Facsimile No. 407/294-8957 Only
John B. Shoemaker, Esq.
P.O. Box 320808
Cocoa Beach, Florida 32932-0808
Dear Ben:
February 18, 2002
6240 OEIIEREUX DRIVE. SUITE 100
MELBOURNE, FLORIOA 32940.7949
(321) 259.6900
FAX (321) 25.4.4479
REPLY TO:
Merritt Island
Writer's E -Mail Address
1HEDMANCDEANMEAD.COM
Re: Timothy J. Moriarty, et al., v. Ronald Kister, Sr., et al.
Case No. 05 -1999 -CA -48842
Our File No. 17413/32730
I am in receipt of your February 15, 2002, correspondence. Enclosed please find
the revised Settlement Agreement. I have made changes to Paragraph 6 to simplify the Revised
Easement as described on Exhibit "A". I also made a change to Paragraph 12 confirming that
your clients will be responsible for trimming the bushes in the Revised Easement area. There is
some controversy as to whether Mr. Schoenfeld believes he owns the alley. The title company
has confirmed that the alleyway has not been vacated and, thus, is still owned by the City. A
similar change is made in Paragraph 16 to confirm that, once the alley is vacated, the Revised
Easement will be imposed over the East six feet.
The Judgment has been changed to include Exhibit "A" in Paragraph 7 and a
similar change to Paragraph 11 and 14. I have contacted Bob Packard and requested that he
place monuments on the Revised Easement based on the legal description which he prepared.
Please arrange for the execution of the Settlement Agreement and provide a check
for Mr. Packard. I understand your clients will remove all obstructions and encroachments from
the Revised Easement area and right of way so that we may achieve all of the foregoing by
February 22 and remove this case from the February 25, 2002, trial docket.
F.UMLTRV:730-JS-pd
1.0 ..00
c,c—. MCAD. EGCRTON. BI.000WORTN,
CAROv-o 6 BOZARTN. P..\.
14011-1.1200
BEAN
MEAD
.N lCAT I
CLAN, MCAD. MINTO.TON 6 KL[IN
1S4i1.-.)100 �94113t7. 1700
John B. Shoemaker, Esq.
February 18, 2002
Page 2
Thank you once again for your assistance in this matter.
JH:sl
Enclosure
cc: Clients
(with enclosure)
F VMLTR\3:770-1S.wpd
F
LAW OFFICES
AMA.RI & THERIAC, P.A.
Richard S. Amari
Kohn Bennett
Bradly Roger Bettin, Sr.
Mitchell S. Goldman
J. Wesley Howze
David R. Martin
Matthew J. Monaghan
Mark N. McQuagge
Mark S. Peters
David Vii. Presnick
Charles R. Steinberg
James S. Theriac, III
Of Counsel:
Mary E. L:'tic, P.A.
Susan Stills
Building Department
City of Cane Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
RE: AVON BY THE SEA
421 Lincoln Avenue
Dear Susan:
Attorneys and Counselors At Law
Mariner Square
Reply to: Cocoa Post Office Box 96 Willard Street, Suite 302
Post Office Box 1807
Cocoa, Florida 32923-1807
Telephone (321) 639-1320
Fax (321) 639-6690
Imperial Plaza
Suite B104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (321) 259-6611
Fax (321) 259-6624
December 6, 2001
Please find this letter as a response to your fax concerning the above noted issue. As best as
I can determine, Mr. Hedman desires to know
"Whether the owners of lots 11, 12, and 13 can file a petition to vacate
the alleyvray...:,r... whether the owner of lct 5 must also -n?"
The question seems to arise from the fact that 1) no deed/document has been recorded in the Public
Records, which purports to vacate the alleyway; 2) no construction has occurred which appears to
condition the vacating of the alleyway; and 3) that lots 11, 12, and 13 are on the east side of the alley
and lot 5 is on the west side.
A review of the pertinent Cape Canaveral Code provisions and especially § 110-4767 §66-
36(1), §66-38, and §66-39 along with Florida Statute provisions §336.09, §336.10, and 5117.085
seems to indicate that "any person' may motion or request the City Council to "vacate anv
alleytivay." Therefore, under the plan reading of the Cape Canaveral Code and Florida Statutes, lot
is not required to request, by petition, the City Council to vacate the at -issue alleyway. Please note
that the other named provisions provide for specific procedural requirements with regard to any
petition requesting property held by the City be vacated, and I have issued no opinion as to same.
It should also be notes that specific noted requirements related to a petition to vacate must be
Ms. Susan Stills
December 6, 2001
Page Two
followed and it is the recommendation of the office of the City Attorney that any property owner
with any possible intent in the petition to vacate be noticed specifically.
Lastly, with regard to Mr. Hedman's request as to whether the alleyway at issue has been
vacated, I trust that staff would be able to provide such an answer, otherwise, please inform me and
I will request a title search and review the pertinent Public Records for said answer.
Please contact me should you desire any additional information or have any questions or
concerns.
Sincerely,
(1
Mark McQuagge, Esquire
MM:mem
HP OfficeJet
Personal Printer/Fax/Copier
Identification
6399950
1.3.0 2.8
Fax Log Report for
City of Cape Canaveral
321-799-3170
Feb -20-02 01:05 PM
Result Paes Tuve Date Time
OK
04 Sent Feb -20 01:03P
Duration Diagnostic
00:01:32 002586030022
.
RESOLUTION NO. 73-11
MICROFILMED
4 -IO -80
A RESOLUTION TO ABANDON, CLOSE AND VACATE A
DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON -
BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, deems it in the best interest of the City to abandon, close and
vacate a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea
Subdivision; and
WHEREAS, a public hearing was held on
1973, after being dul;, advertised, recording the City's intention to vacate
this alleyway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: f
SECTION 1. That a certain dedicated alleyway lying in Block 72,
Avon -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of
Brevard County, Florida, is hereby abandoned, closed and vacated by the
City of Cape Canaveral, Florida, and said City renounces and disclaims
i
any right of the City and the public in and to such alleyway, except as
provided by Section 2 hereof.
SECTION 2. The vacation and abandonment of this alleyway is for
/the benefit of the record holder of title as of this date and is also
contingent upon said owner commencing construction on the property here-
* nbeore described within six months from this date, and also upon said
J�
owner dedicating a utility easement of ten feet to be located approximately
.l.
in the vicinity of said alleyway, to the City of Cape Canaveral, Florida.
SECTION 3. This resolution shall become effective immediately
upon its adoption by the City Council,& the City of Cape Canaveral,
Florida, this 6TH day of March, (1970.
Ma
ATTEST:
ity Clerk /
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City Artor7y ( )
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"AN ORDINANCE AMENDING ORDINANCE 18-63 BY DEnlP5G UkW;9OM TU_PIP
QUIREMENT THAT MEMBERSHIP OF THE ZONING & PLANNING BOARD BE OWNERS OF
REAL PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING AN EFFECTIVE DATE".
BY MOTION OF MR. RHAME, SECONDED BY MR. SALVAGGIO AND
UNANIMOUS VOTE OF COUNCIL THE FIRST READING ON THE ORDINANCE WAS APPROVED.
ITEM 6. APPROVAL OF RENEWAL AND REPLACEMENT BILLS.
MR. SALVAGGIO MOVED FOR APPROVAL OF THE PAYMENT OF $809.60
IN INVOICES. MRS. THURM SECONDED THE MOTION. MOTION CARRIED BY UNAN-
IMOUS VOTE.
ITEM 7. GARBAGE CONTRACT
MR. FRANCIS ASKED THAT THIS ITEM BE HELD OVER AND THAT
COUNCIL MOVE ON TO THE NEXT ITEM.
ITEM 8. TRUCK BIDS
MR. FRANCIS REPORTED THAT ONLY ONE BID WAS RECEIVED ON
THE TWO TRUCKS AND RECOMMENDED THAT THIS BID BE REJECTED. MR. SALVAGGIO
MOVED THAT THE BID BE REJECTED AND THE CITY CALL FOR NEW BIDS. MRS.
THUR.%I SECONDED THE MOTION. MOTION CARRIED BY UNANIMOUS VOTE.
ITEM 9. RESOLUTION 73-10 ALLEY CLOSING BLOCK S5.
MAYOR FIRKINS READ THE RESOLUTION ENTITLED "A RESOLUTION
TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY WHICH ABUTS LOTS S,
11, AND 12, BLOCK 55; AVON -BY -THE -SEA, WITH CERTAIN EXCEPTIONS;
PROVIDING AN EFFECTIVE DATE".
MR. SALVAGGIO MOVED FOR THE ADOPTION OF THIS RESOLUTION.
MR. RHA -ME SECONDED THE MOTION. VOTE WAS AS FOLLOWS: IN FAVOR MR. RHAME,
MR. SALVAGGIO, MRS. THURM, MAYOR FIRKINS. OPPOSED &IR. RUTKOWSKI.
MOTION CARRIED.
ITEM 10. RESOLUTION 73-11 ALLEY CLOSING BLOCK 72.
MAYOR FIRKINS READ THE RESOLUTION ENTITLED " A RESOLUTION
TO ABANDON, CLOSE AND VACATE A DEDICATED ALLEYWAY LYING IN BLOCK 72,
AVON -BY -THE -SEA, KITH CERTAIN EXCEPTIONS; PROVIDING AN EFFECTIVE DATE.
MR. SALVAGGIO MOVED THAT THIS RESOLUTION BE ADOPTED. MR.
RHAME SECONDED THE MOTION. VOTE ON THE MOTION WAS AS FOLLOWS: IN FAVOR
MAYOR FIRKINS, MR. RIiAAlE, MR. SALVAGGIO, MRS. THURM. OPPOSED MR.
RUTKOWSKI. MOTION CARRIED. RESOLUTION WAS ADOPTED.
ITEM 7. GARBAGE CONTRACT
THE CITY ATTORNEY STATED THAT THERE WAS NO CONTRACT PRE-
PARED AT THIS TIME. TWO PARTIES WHO WHERE INTERESTED IN A GARBAGE
CONTRACT WITH THE CITY WERE IN ATTENDANCE AT THE ?MEETING; MR. LAVIN
AND MR. HOOG. AFTER CONSIDERABLE DISCUSSION MR. RUTKOWSKI MOVED THAT
COUNCIL SET A SPECIAL MEETING FOR MARCH 7, 1973 FOR THE PURPOSE OF RE-
SOLVING THE GARBAGE COLLECTION SITUATION. MR. SALVAGGIO SECONDED THE
MOTION. THE MOTION CARRIED BY UNANIMOUS VOTE OF THE COUNCIL.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION.
DISCUSSION FOLLOWED REGARDING THE FACT THAT THE PROPOSED
ANNEXATION (ORDINANCE NO. 3-83) WOULD NECESSITATE AN ADDITIONAL
CHANGE IN THE ZONING MAP. A SUGGESTION WAS MADE TO DELAY
RESOLUTION NO. 83-9 UNTIL THE NEXT MEETING. MAYOR RUTHERFORD
MOVED TO POSTPONE RESOLUTION 83-9 FOR TWO WEEKS. MR. NICHOLAS
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY.
ITEM 6. RESOLUTION NO. 83-10 RE: PAVING PROJECT
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION INITIATING A PROGRAM FOR THE PURPOSE
OF PROVIDING CERTAIN STREET IMPROVEMENTS IN THE
CITY OF CAPE CANAVERAL, FLORIDA, DESIGNATING THE
AREAS TO BE IMPROVED AND INSTRUCTING THE CITY
MANAGER TO PREPARE AN ASSESSMENT PLAT SHOWING THE
AREA TO BE ASSESSED, WITH PLANS AND SPECIFICATIONS
OF THE COST OF SUCH PROPOSED LOCAL IMPROVEMENTS;
PROVIDING AN EFFECTIVE DATE.
MR. NICHOLAS MOVED FOR ADOPTION. MRS. HARRIS SECONDED
MOTION. CITY MANAGER SCOTT AND COUNCIL DISCUSSED THE STREETS
TO BE PAVED IN THIS PROJECT. A PLAT MAP DEPICTING THE PROPOSED
STREETS TO BE PAVED WAS ATTACHED TO THE ORIGINAL RESOLUTION.
DISCUSSION FOLLOWED REGARDING THE MANNER IN WHICH THE CORNERS
WOULD BE ASSESSED. MR. SCOTT INFORMED COUNCIL THAT IT WOULD BE
DETERMINED AT THE NEXT MEETING. MR. SCOTT INFORMED COUNCIL THAT
THIS PAVING WOULD COMMENCE IN APPROXIMATELY 45 DAYS FROM THIS DATE.
FURTHER DISCUSSION FOLLOWED REGARDING THE NECESSITY TO PAVE
THE STREETS TO THE SOUTH OF THIS PROJECT.
VOTE ON THE MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION
NO. 33-10 PASSED UNANIMOUSLY.
ITEM 7. RESOLUTION NO. 83-11 RE: REQUEST TO VACATE ALLEYWAY
AND RELOCATE EASEMENT ON LOTS 10, 14 & 15, BLOCK
AVON -
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOC•:S:
A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC
HEARING FOR THE VACATION OF A PORTION OF THE ALLEY-
WAY AND UTILITY EASEMENT LOCATED BETWEEN JOHNSON
AVENUE AND LINCOLN AVENUE; AUTHORIZING CITY CLERK
TO ADVERTISE SUCH PUBLIC HEARING; PROVIDING AN
EFFECTIVE DATE.
CITY COUNCIL MEETING MINUTES
MARCH 1, 1983
PAGE 3 OF 5
OAA
MAYOR RUTHERFORD MOVED FOR ADOPTION. MR. NICHOLAS SECONDED
MOTION.
DISCUSSION FOLLOWED. MR. SCOTT EXPLAINED THAT THERE WAS A
PROBLEM IN DETERMINING WHETHER OR NOT THERE WAS STILL AN ALLEYWAY
IN THIS PARTICULAR BLOCK 72.
DURING DISCUSSION, MR. BOTNMAN, REPRESENTING J.L. COOKE,
ARRIVED AT THE MEETING AND SPOKE TO COUNCIL. HE EXPLAINED THAT
AS HIS PROJECT ADVANCED ON BLOCK 72 LOTS 10, 14 & 15, IT BECAME
APPARENT THAT THERE MIGHT BE AN ALLEYWAY STILL IN EXISTENCE BETWEEN
THOSE LOTS AND HE WAS REQUESTING THIS VACATION IN ORDER TO CLEAR
UP THE PROBLEM.
FURTHER DISCUSSION FOLLOWED BY COUNCIL.
MRS. CALVERT MOVED TO TABLE THIS ITEM UNTIL COUNCIL HAD MORE
INFORMATION. MR. WINCHESTER SECONDED MOTION. MOTION CARRIED
UNANIMOUSLY.
MAYOR RUTHERFORD REQUESTED THAT THIS ITEM BE PLACED ON THE
NEXT WORKSHOP AGENDA. ATTORNEY SCOTT IS TO LOOK FURTHER INTO
THIS PROBLEM.
ITEM 8. RESOLUTION NO. 83-12 RE: REQUESTING VETERANS
AD_KINISTRATION CONSIDER HOUSTON ASTROS TRAINING
SITE AS LOCATION FOR VETERANS HOSPITAL
MAYOR RUTHERFORD READ THE TITLE OF THE RESOLUTION AS FOLLOWS:
A RESOLUTION SUPPORTING THE CITY OF COCOA'S
REQUEST TO LOCATE A VETERANS ADMINISTRATION
HOSPITAL IN COCOA; PROVIDING AN EFFECTIVE DATE.
MAYOR RUTHERFORD MOVED FOR ADOPTION. MRS. CALVERT SECONDED.
IT WAS REQUESTED TIAT COPIES OF THIS RESOLUTION BE FORWARDED
TO THE VARIOUS REPRESENTATIVES AND THE VETERANS ADMINISTRATION.
MOTION ON THE FLOOR FOR ADOPTION OF RESOLUTION NO. 83-12
PASSED UNANIMOUSLY.
ITEM 9. MOTION RE: REQUEST FOR STREET LIGHTS
COUNCIL HAD RECEIVED A LETTER FROM GERALD FISCHETTI REQUESTING TWO
ADDITIONAL STREET LIGHTS IN THE SURF DRIVE, RIDGEWOOD AREA.
IT WAS NOTED THAT A PREVIOUSLY REQUESTED STREET LIGHT
(FEBRUARY 15, 1983 MEETING) WOULD PROBABLY COVER THE LIGHT IN THE
CITY COUNCIL MEETING MINUTES
MARCH 1, 1983
PAGE 4 OF 5
MEMORANDUM
DATE: FEBRUARY 23, 2000
TO: SANDRA SMITH
CITY CLERK
FROM:
SUBJECT
BENNETT C. BOUCHER, j
CITY MANAGER/
RESOLUTION NO. 73-11
Please provide me with a copy of the P&Z Board and City Council (Regular and Workshop)
Meeting minutes regarding the passage of the above-mentioned resolution.
Also, check said minutes through 1974 to see if there is any discussion on the expiration of this
resolution
y. VJ• .JVl L,) •IQ r1-1 J�1 -1VJ VVYl JJr,S.I d1r+11J
DEAN, MEAD, Sf IELVOGEL & GOLOMAN
ATTORNEYS AND COUNSELORS AT LAW
+ .cLnamn&rarn
.O. GOVY.. C -C..' . — O-AxxYMY awle aO-
MEagm FLOM.O 329e2—Oer
1021) .93-23a3
FAX (Z2.1 4G3.eeAs
November 9, 2001
Vis Facsimile No. 799-3170 Only
Susan Stills, City Clerk
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
°2-0 DEveeCUX OA.VC. awyg .CO
NCL60uRNC. FLOR.OA 329+2.74.5
t22u 299.9400
C&A ux•l El;- -70
REALY Y0:
Merritt Island
Writer's E -Mail Address
114EDMAN@DEA MEAD.COM
Re: Lots 11, 12, 13, Block 72, Avon By the Sea, as recorded in Plat Book 3, at
Page 7, street address of 421 Lincoln Avenue, Cape Canaveral,
Florida/Alley dispute
Our File No. 17413/32730
Dear IIs. Stills:
We have previously discussed by telephone the controversy surrounding the alley
between Lots 11, 12, 13 on the east and Lot 5 on the west of the above-described property.
Enclosed please find a memorandum from a Code Enforcement Officer to Building Department
officials which addressed the controversy regarding the vacated alleyway. I am advised that a
search of the public records reveals there is no deed or other document recorded in the public
records which purports to vacate the alleyway. The various ordinances appear to make any
vacation of the alleyway conditioned upon certain construction which the memorandum indicates
did not occur. I am writing for two purposes:
1. To confirm that, according to the City of Cape Canaveral's records, the
alleyway has not been vacated; and
2. To determine what procedure must be followed by the property owners in
order to vacate the alleyway. Specifically, my question is whether the owners of Lots 11, 12 and
13 can file a petition to vacate the alleyway or whether the owner of Lot 5 must join in the
petition to vacate the alleyway.
P `JH iTxU:'SC•5°licw)A
OeDEAN
AN. MF•0. EW^1L1 BLOOOR
rATw. rC�r t�C2
EA 0 oE�. MCAD.
�1•N/2N 6 K��,N
�ti��.M•170° •je•.11ap
04q
11. U`U, ':UU1 io-.4Q I:i-L 0-1 4OJ) o031 1/LY:l
Susan Stills, City Clerk
City of Cape Canaveral
November 9, 2001
Page 2
Any assistance you can render in connection with this matter would be
appreciated_
Ve ul yours,
J o , edman
JH:sl
F:'JIUT Itu F )0-SzUz."
.l' 'J -J, ;UU1 1J --!O ri.1 J.1 3JJ OOfl LL.y.v :1L:il/
November 18, 1999 -
To: Dennis Franklin, CBOOaP
From: Greg Mullins, Code Enforcement Officer Cfi'
Re: Vacation of alleyway between the blocks of Lincoln Avenue and Johnson Avenue
Section 23, Township 24 South, Range 37 East, Avon -By -The -Sea, Block 72,
Lots 5, 11, 12,13
In regard to -the recent property dispute along the above listed properties relating to a
private property owners ingress/egress access easement and a vacated supposed 12' city
deeded alleyway traversing adjacent to the said easement, after extensive research of
records from the city, the property appraisers office, and clerk of circuit court, we were
unable to locate any documents or confirm that a vacation of the alleyway on the north
section was ever accomplished or completed. I have not seen any deed depicting that the
city had a 12' alleyway deeded on the west side. All the attached documents refer to Plat
Book 3, Page 7.
Verification of the attached documents, Resolution # 73-11 was a request to vacate the
alleyway, with stipulations that the construction of a condo unit begin within six months
ofthe date'ofthe'signing of the resolution by city council. Continents on the iesoliifidii
document indicate that the construction did not occur as specified by the resolution, thus
voiding the resolution. (see attached document)
yJUV4,UUo
Verification of the attached document, Resolution # 83-11 indicates that a public hearing
was scheduled for the vacation of a certain portion of the alleyway, encompassing lots
14, 14, 15, but no mention of the vacation of the alleyway adjacent to lots 5, 12, 22, & 13.
(see attached document)
Verification of the attached document, Resolution # 83-24 indicates that the above
mentioned resolution # 83-11 was approved for vacation of said alleyway by the city
council, and again, encompassing the vacation of the alleyway adjacent to lots 10, 14;
I5 only. The artached exhibit "A" legal description (meets and bounds) when traversed
out, indicates the south portion of the alleyway adjacent to lots 10, 14, & 15. (see
attached document)
PLAINTIFFS
ExHIerr
co
9 'F -4r yLC
Ili Uy; ZUU1 15: 40 rA-1 JL1 43J 6641 Dr -0 at zw
BASEMENT VERIFICATION
BLOCK 72, AVON -BY -THE -SEA
PAGE 2
Verification from the property appraisers and the clerk of circuit courts office also
indicates that the alleyway was never vacated adjacent to lots 5, 11,12, & 13.
(see attached printout from appraisers office)
The attached warranty deed dated 1951 indicates that the proposed Ocean Blvd. right-of-
way was abandoned/vacated by the city. The deed also indicates that a 20' ingress/egress
easement was deeded for the west 20' of the property on lot 11 for benefits of lot 12 &
13. (see attached document) •
The attached deed of easement dated 1991 indicates that an easement was granted, sold,
and conveyed by the owners of the property on lot 11 to the persons mentioned in the
deed., depicting a 20' ingress/egress easement along the west 20' of lot 11. According to
the property appraisers office the property was sold to the present owners, the
Vicidomni's, in July 1990, but the deed/easement was notarized in May 1991, one year
after the property had new owners. (see attached document)
Unless anyone can produce any documents depicting that the vacation was ever
accomplished/completed on the north portion of the alleyway, the alleyway is still in fact
deeded to the city. With this being the case, the 12' city deeded public access alleyway
does provide access to the two interior lots on lot 12 and 13.
There is some question to the validity of the easement in question with the dates and time
frame of the owners of the property at the time, the time frame the documents were
notarized, and the date the property was sold, again which is a civil matter.
This matter is a private property easement deed and a civil matter between the adjacent
property owners, not the city. The deed was granted to the owners of the property as
listed on the deed.
The city ordnance for dumpster placement states that no dumpsters shall be placed upon
any neighboring property, or within any city street right-of-way, as depicted in Section
62-9 Residential Solid Waste Pick-up Conditions, and does not include the 20' private
easement. (see attached code section)
*Juva•vvo
060
is uy. .;Uul ri1 J.:1 dJJ 6b4i 1Jlriv : LAV
EASEL EM VERIFICATION
BLOCK 72, AVON -BY -THE -SEA
PAGE 3
I suggest that we contact the city attorney again with this additional information and see
where the city stands as far as the alleyway access is concerned and the private access
easement adjacent to it on lot 11. Does the city want to initiate the vacation of the
easement? The private easement does not depict any access across lot 12 for access to lot
13, which is rather strange, unless at the time, the owner of the property owned lot 12
as well. The time frame of the easement depicted in 1991 was done after the owners that
are mentioned in the easement had already sold the property in 1990.
As the city attorney mentioned previously, this is a civil matter regarding a private
access easement with placement of a dumpster on private property, and conflicting
documents relating to the easement in question.
W.JVVO• Vuv
C61,
— vo- -VUl 1J: iJ 17-71-1 43J 0041 Ltiv At.w
i
DEAN, MEAD, SPIELVOGEL & GOLDMAN
ATTORNEYS AND COUNSELORS AT LAW
701 SCUTN COURT&NAY PARICIVAY, Surm:?Ql
MERRrr T ISLAND. FLORIDA 3296Zge9S
1'ELEPHON'c: (321)453.2333
TEUECOPIER: (371)4S3.a64,
FAX IRANSMITAT SHEET
i
DATE: November 8, 2001
TO: Susan Stills, City Clerk
FACSL14Lj,E NO: 799-3170
FR034: Jason Hedman, Esq. CL IEN-T/]AATTER NO: 17413/32730
TOTAL, NiJM13ER OF PAGES I'i ICLUDL\TG THIS PAGE: ^
w _
THIS IS THE ONLY FORM OF DELIVERY.
MESSAGE/MATERIALS. Please see the attached.
I
IF THERE ARE ANY PROPLEMS DN RECEIVING THIS TRA1'VSMISSlON, PLEASE CALL
Sue AT (321) 453-2333 (Iv1ERRITT ISZ.AND, FLORIDA)
I
I
i
WARN NG
W)VVli VVO
� The in;ormetion cont9incd in this iacsimilc is atrome n
named above. If the reader of this message is not theintended ra pie toor the rccipient�aemploycc or eget tion incendcd for h ��onsibe use of c for dthe delivery fry
lhts message to the intended recipient, you are hereby notified that any dissemination, distnbution or copying of this communication is
j strictly prohibited. If you received this facsimile in error, please irnmediately notify us via telephone, and return the orimmugirtz, icationmessaL
to us
i m the above address via the U.S. Postal Scrvice.
i
i
DEAN
MEAD
FORT PIERCE - MELBOURNE - MERRiTT ISLAND
ORLANDO
013�
ty of Cape Canaveral
FILE coat
SUBJECT: APPLICATION FOR CONSTRUCTION PERiV1IT
Aedile Contractors, Inc.
Bud & Lois Schoenfeld
Lot 5, Blk. 72, Avon By The Sea
419 Lincoln Ave.
Cape Canaveral, Florida 32920
The submittal for the requested permit indicates that a twenty foot (20') ingress -egress
easement has been provided across lots 11 & 12 to provide access to lot 131- Building
Department has been unable to locate documentation of the recording of this easement.
The applicant is required to submit documentation of referenced easement prior to
issuance of requeste4.cbnstruction permit.
G. J. M oran, CBO
Building Official
i
10S POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL. FL 32920.0326 5� '
TELEPHONE (4071 868.1200 0 FAX (407) 799.3170
TODAY NEWS
308 FORREST AVENUE
CCCOA, FLORIDA 32922
GENT LEMEN :
Cape Canavend
IE . CAPE CANAVERAL. FLORIDA 32920
'ELEPHONE 306 783-7100
BRUARY 16, 1973
PLEASE PUBLISH THE FOLLOWING LEGAL AD FOR ONE DAY CN rO•,•,D.^—.y
FCBR!JARY 19, 1973:
NOTICE FOR VACATING, ABANCONii,;G .AND
DISCCNTINUING ALLEY RIGHT—OF—WA.Y
T,=> WI=G'^ IT MA.-. CONCERN:
TAKE iNCT 1 CE
THAT THE
C I TY COUNC I L
OF THE C I TY OF CAPE^
-.L
FLORIDA., C1J
PETITION
CF QUALIFIED
LANDOWNERS; 'MILL, AT
7 :30 P.t
ON THE6TH DAY OF vARCH,1975, ATS THE CITY HALL 105 PCLK AVENUE,
— —�
CAPE CANAVERAL, L, FLORIDA, CONSIDER AND DETEl;Uj T NE wHETL!ER OR i'\�T -, C r- -:
WILL VACATE, ABANCON, DISCONTINUE AlZ CLOSE AN A.LLE't RIi:HT-OF -WA
Y,
HEREINAFTER DESCRIBED, TO -WIT:
'Th -SOUTH ALLEY RIGHT -CF -WAY EXTENDING FROM LINCOLN AVENUE
TO JOHNSON AVENUE THROUGH SLCCK 72, AVON -3Y -THE -SE.,.. SECTION
23, TWP. 24, RANGE 37E, RECORDS OF BREVARD COUNTY, FLORIDA.
PERSONS INTERESTED MAY APPEAR AND BE HEARD AT THE TIME AND PLACE
ABOVE SPECIFIED.
A; d I TA 6. OS TkCM
CITY __LERK-TREASURER
CITY Cr' -APE CANAVE4aL,F;__-R=Da
Feb. i, , 197L+
Building Official
City of Cape Canaveral, Florida
Because of certain delays in revision -o plans necessitated
by changes in setbaci: it is requested that rnY- Building Per -
mi t ;t1844-- for a 24 unit condominium or Lincoln Ave. at th e
octan end be extended 'or 90 days beyond the present e�pir-
'r
atior_ date which is March 12, 1974.
Sincerely,
L. Holmes
F�pruary 22, 1974
Permission for above extension is he»eby granted. This
will be the last extension you will be able to get on
this permit.
E. H. Allen
Building 0--1'f i c i al
City of Cape Canaveral, Florida
0.
RESOLUTION NO. 73-11
MICROFILMED
4-imo
A RESOLUTION TO ABANDON, CLOSE AND VACATE A
DEDICATED ALLEYWAY LYING IN BLOCK 72, AVON -
BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, deems it in the best interest of the City to abandon, close and
vacate a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea
Subdivision; and
WHEREAS, a public hearing was held on
1973, after being duly advertised, recording the City's intention to vacate
this alleyway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY %
COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS: C
SECTION 1. That a certain dedicated alleyway lying in Block 72,
Avon -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of
Brevard County, Florida, is hereby abandoned, closed and vacated by the
City of Cape Canaveral, Florida, and said City renounces and disclaims
any right of the City and the public in and to such alleyway, except as
provided by Section 2 hereof.
SECTION 2. The vacation and abandonment of this alleyway is for
Y ��1 the benefit of the record holder of title as of this date and is also
contingent upon said owner commencing construction on the property here -
1'r„ inbefore described within six months from this date, and also upon said
.u(J
U owner dedicating a utility easement of ten feet to be located approximately
I
in the vicinity of said alleyway, to the City of Cape Canaveral, Florida.
SECTION 3. This resolution shall become effective immediately
upon its adoption by the City Council
Florida, this 6TH day of March, (197A.
ATTEST:
,t /.� ,
t ty Clerk /
City of Cape Canaveral,
-Approved as to form:
City Attor y
05�
S
f
DEED OF DEDICATION" 1328 rAtf 83
r_1 IM
KNOW ALL MEN BY THESE PRESENTS:
That, WILLIAM L. HOLMES, joined by his wife, EILEEN E. HOLMES,
and VERNON R. KOCH, joined by his wife, HELENE C. KOCH, Grantors, in
consideration of TEN DOLLARS ($10.00), to them paid by the QITY OF .CAPE
CANAVERAL, a municipal corporation, whose address is: Municipal Building,
Cape Cana7cral, Florida 32920, the Grantee, the receipt of which is hereby,-.-,
y,-,
acknowledged, do hereby grant, bargain, sell and convey to said Grantee, :the. = '
following described property, to -wit:
A ten (10) foot utility easement, the centerline of said easeme_nt`,, ., r,
i being described as follows: Commence at the Southwest corner
I of Lot 15, Bloack 72, Avon by the Sea7as recorded in Plat Book
3, Page 7, Public Records of Brevard County, Florida; thence !'
run West along the North Right of Way line of Johnson Avenue
11 feet to the Point of Beginning of said easement; thence run
North 16043'30" East parallel to and 11 feet West of the centerline
of the 12 foot abandoned Alley as recorded on said plat of Avon
by the Sea, a distance of 130 feet more or less to a point on the
North line of Lot 10, Block 72 extended Easterly. Said point
being 1 foot East of the Northeast corner of Lot 10, Block 72,
Avon by the Sea. Bearing datum is assumed.
TO HAVE AND TO HOLD unto the CITY OF CAPE CANAVERAL for-
ever all and singular the said premises for the pt_rpose of a utility easement.
IN WITNESS WHEREOF the said Grantors have signed and sealed
these presents on the `' flay of March, A.D. 1973.
Signed, sealed and delivered in
the presence of: (SEAL)
WILL M L 1? LMES
a �.� ; ; > � ,(-SEAL)
EN E. HO LM
THIS INSTRUPJIENT WAS PREPARED BY: - (SEAL)
ERNON R. KOCH
5TP,v�-x bJ0,LF/K Hn� moo W MCRri l7 'rt^/�
Y CRvs.= w.7 y f �.<' ✓ .� (SEAL)
/I] �RRI tT XSLR /oJ F<-oRl u N HELENE C. K H
STATE OF FLORIDA:
COUNTY OF BREVARD:
I HEREBY CERTIFY that on this day before me, an officer duly qualified
to take acknowledgment, personally appeared WILLIAM L. HOLMES, joined by his
wife, EILEEN E, HOLMES, and VERNON R. KOCI-I, joined by his wife, HELENE
C. KOCH, to me known to be the persons described in and who executed the same
for the purposes therein expressed.
WITNESS my hand and official seal in the County and State last afore-
said, this the �kday of March, A. D. 1973.
My Commission expires:
Notat'y Public --T-
DEED OF DEDICATIO;N, 13;c8 LACE 83 ;=
KNOW ALL MEN BY TIIESE PRESENTS: a
That, WILLIAM L. HOLMES, joined by his wife, EILEEN E. HOLMES,
and VERNON R. KOCH, joined by his wife, HELENE C. KOCH, Grantors, in
con�idt!ration of TEN DOLLARS ($10.00), to them paid by the CITY OF CAPE
CANAVERAL, a municipal corporation, whose address is: Municipal Building,
Cape Canaveral, Florida :.32920, the Grantee, the receipt of which is hereb 4
ascknowledged do hereby grunt, bargain, sell and convey to said Granter"E'iFr
following described property, to -wit: V:-,,.. i 7;
A ten (10) foot utility easement, the centerline of said easemaot,_
being described as follows: Commence at the Southwest corner �` r'' I � 3
of Lot 15, Bloack 72, Avon by the Sea as recorded in Plat Book
3, Page 7, Public Records of Brevard County, Florida; thence,
run West along the North Right of Way line of Johnson Avenue
11 feet to the Point of Beginning of said easement; thence run
_ "l I North 160.13'30" East parallel to and 11 feet West of the centerline
of the 12 foot abandoned Alley as recorded on said plat of Avon
by the Sea, a distance of 130 feet more or less to a point on the
North line of Lot 10, Block 72 extended Easterly. Said point
being 1 foot East of the Northeast corner of Lot 10, Block 72,
Avon by the Sea. Bearing datum is assumed.
TO HAVE AND TO IIOLD unto the CITY OF CAPE CANAVERAL_ for -
1 eer all and singular the said premises for the pu-pose of a utility easement.
IN WITNESS W4 REOF the said Grantors have signed and sealed
I Laese presents on the 'N% 4 y of March, A. D. 1973,
nied, sealed and delivered in/hC4
.die presence of: �� C- (SEAL)
WIL IAM L HOLMES
-(-SEAL)
�E+N E. H LM - () J
(SEAL)
TRJMENT WAS PREPARED BY. VERNON R. KOCH
�o�FlhHN �ooW MCr2Kir7 Ts+AN� ��cX l/ !
S
( EAL)
_TE. xsc n 10 o r Fi-o tR i u to HELENE C. KOCH
STATE OF FLORIDA:
COUNTY OF BREVARD:
I HEREBY CERTIFY that on this day before me, an officer duly qualified
to take acknowledgment, personally appeared WILLIAM L. LiOI_MES, joined by his
wife, EILEEN E. HOLMES, and VERNON R. KOCH, joined by his wife, HELENE
C. KOCH, to me known to be the persons described in and who executed the same
for the purposes therein expressed.
WITNES�my hand and official seal in the County and State last afore -
r �;;�„ t.his the I -o ay of March, A.D. 1973.
ex
pires:
ota y Public
g r
STATE FLORILDA I
4.
PETITION TO VACATE ALLEY
TO THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA.
Petitioners, ERNEST G. HOELPERL and GRATE M. HOELPERL,
his wife; ROY J. WORLEY, SR. and NORA A. WORLEY, his wife; BUFFIN
B. PURCELLand MINNETTA PURCEII, his wife; and WILLIAM L. HOLMES,
joined by his wife, EILEEN E. HOLMES, respectfully show the Council as
follows:
Petitioners own the property abutting the alley extending from
Lincoln Avenue to Johnson Avenue through Block 72, of AVON -BY -THE -SEA,
according to the plat thereof as recorded in Plat Book 3, Page 7, Public Re-
cords
e-
cords of Brevard County, Florida and being specifically the Lots as follows:
Owner
ERNEST G. HOELPERL and
GRATE M. HOELPERL, his wife
ROY J. WORLEY, SR. and NORA
A. WORLEY, his wife
BUFFIN B. PURCEL and MINN-
ETTA PURCEI-4 his wife
WILLIAM L. HOLMES
Lots
5
10
11, 12 and 13
14 and 15.
Said alley has never been opened for vehicular purposes, has never
been used by the public and serves no public prupose.
WHEREFORE, Petitioners respectfully petition the Council to vacate
said alley. Petitioners agree that if said alley is vacated, they will dedicate to
the City of Cape Canaveral a ten (10) foot utility easement within the boundaries
of said vacated alley immediately, as recommended by the City Engineer.
(SEAL)
BUFTIV B. PURCEL
(SEAL)
N INNETTA PURCEL
(SEAL).
J .rang f. Hnr .MR4
(SEAL)
(SEAL) G159
(SEA
VA
J
To: MORRIS REID, BUILDING OFFICIAL j L
From: BENNETT C. BOUCHER, CITY MANAGE
Date: 8/26/02 V
rte: PETITION TO VACATE AN ALLEY
Attached is a petition to vacate an alley within Block 72, Avon -by -the -Sea subdivision.
Please process this request, consistent with Code Section 110-476.
BCB*mm
Attachment
• Page 1
lQ(
City
Managers
Office
VA
J
To: MORRIS REID, BUILDING OFFICIAL j L
From: BENNETT C. BOUCHER, CITY MANAGE
Date: 8/26/02 V
rte: PETITION TO VACATE AN ALLEY
Attached is a petition to vacate an alley within Block 72, Avon -by -the -Sea subdivision.
Please process this request, consistent with Code Section 110-476.
BCB*mm
Attachment
• Page 1
lQ(
DEAN, MEAD, SPIELVOGEL & GOLDMAN
ATTORNEYS AND COUNSELORS AT LAW
--deaamead.com
101 SOUTH COURTENAY PARKWAY, SUITE 201
MERRITT ISLAND, FLORIDA 32952-4855
(321) 483-2333
FAX (321) 453-8441
August 15, 2002
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
8240 DEVEREUX DRIVE, SUITE 100
MELBOURNE, FLORIDA 32940-7949
1321) 259-1900
FAX (321) 254-4479
REPLY TO:
Merritt Island
Writer's E -Mail Address
JHEDMAN@DEANMEAD.COM
Re: City of Cape CanaveralNacation of Alleyway between blocks of Lincoln
Avenue and Johnson Avenue, Section 23, Township 24S, Range 37E,
Avon By the Sea Subdivision, Block 72, Lots 5, 11, 12 and 13
Moriarty vs. Kister, et al.
Civil Action No. 05-1999-CA-4882-XXXX-XX
Our File No. 17413.32730
Dear Mr. Boucher:
I am providing a copy of this correspondence to the city attorney since, in my last
conversation with Mr. Kohn Bennett, he advised that I should contact the city directly in order to
pursue vacation of the alleyway.
As you may be aware from Subpoenas and various discovery involving the City
of Cape Canaveral in the above -referenced lawsuit, there exists a controversy regarding the
above alleyway. Enclosed is a Memorandum dated November 18, 1999, from Greg Mullins,
Code Enforcement Officer, to Dennis Franklin, Chief Building Officer, which addresses this
issue. Also enclosed is a Memorandum dated November 7, 2001, from Forrest Rooker of
LandAmerica Title Company confirming that the Public Records of Brevard County do not
reflect a vacation of the alley. I have not enclosed the numerous deeds referenced in this
Memorandum. Also enclosed is a copy of the Final Judgment which was entered by the Court.
You will note the Judgment contains the agreement of the owners of Lots 11, 12 and 13 to the
vacation of the alleyway.
M0004454.1
--a KL.N0, DEA N
OCA.,
MCAD, EaERTONeLOOOKORTH,
CAPOUANO S B0ZARTH, P. A. IN FORT "Ic KCL
M E A D
Or
i EAN, MEAD. MINTON & KLEIH -
I40)I MI.1700 -.
I MII �a4.))00 INIIfAi-)) / I
Bennett Boucher, City Manager
City of Cape Canaveral
August 15, 2002
Page 2
I am writing to request that the city enter a proper legal document in the Public
Records vacating the alleyway. As expressed in prior correspondence directed to the city
attorney's office, I am not certain whether the Resolutions referenced in Mr. Mullins'
Memorandum are sufficient such that only a formal vacation of the alley need be recorded in the
Public Records or whether a new petition must be filed.
I understand that it may be necessary to have a survey performed or a legal
description prepared. I have retained Mr. Bob Packard, PSM, of R. M. Packard & Associates,
Inc., to provide surveys and sketches which may be required.
I remain available to discuss this matter further or provide additional
documentation if needed. If it is necessary to file a petition for vacation of the alleyway, I would
appreciate your providing me with a form so that I may complete the petition and proceed with
the proper, procedure to vacate the alleyway.
JH:sl
Enclosures
Thank you for your assistance in this matter.
cc: Charles G. Crawford, City Attorney
Client
Commonwealth Land Title Insurance Company
Attn.: Kimberly K. Meyers, Claims Representative
(all without enclosures)
M0004454.1
r
November 18, 1999
To: Dennis Franklin, CBO XWI
From: Greg Mullins, Code Enforcement Officer 630
Re: Vacation of alleyway between the blocks of Lincoln Avenue and Johnson Avenue
Section 23, Township 24 South, Range 37 East, Avon -By -The -Sea, Block 72,
Lots 5, 11, 12, 13
In regard to the recent property dispute along the above listed properties relating to a
private property owners ingress/egress access easement and a vacated supposed 12' city
deeded alleyway traversing adjacent to the said easement, after extensive research of
records from the city, the property appraisers office, and clerk of circuit court, we were
unable to locate any documents or confirm that a vacation of the alleyway on the north
section was ever accomplished or completed. I have not seen any deed depicting that the
city had a 12' alleyway deeded on the west side. All the attached documents refer to Plat
Book 3, Page 7.
Verification of the attached documents, Resolution # 73-11 was a request to vacate the
alleyway, with stipulations that the construction of a condo unit begin within six months
of the date of the signing of the resolution by city council. Comments on the resolution
document indicate that the construction did not occur as specified by the resolution, thus
voiding the resolution. (see attached document)
Verification of the attached document, Resolution # 83-11 indicates that a public hearing
was scheduled for the vacation of a certain portion of the alleyway, encompassing lots
10, 14, 15, but no mention of the vacation of the alleyway adjacent to lots 5, 11, 12, & 13.
(see attached document)
Verification of the attached document, Resolution # 83-24 indicates that the above
mentioned resolution # 83-11 was approved for vacation of said alleyway by the city
council, and again, encompassing the vacation of the alleyway adjacent to lots 10, 14,
15 only. The attached exhibit "A" legal description (meets and bounds) when traversed
out, indicates the south portion of the alleyway adjacent to lots 10, 14, & 15. (see
attached document)
PLAINTT--
EXHI
EASEMENT VERIFICATION
BLOCK 72, AVON -BY -THE -SEA
PAGE 2
Verification from the property appraisers and the clerk of circuit courts office also
indicates that the alleyway was never vacated adjacent to lots 5, 11,12, & 13.
(see attached printout from appraisers office)
The attached warranty deed dated 1981 indicates that the proposed Ocean Blvd. right-of-
way was abandoned/vacated by the city. The deed also indicates that a 20' ingress/egress
easement was deeded for the west 20' of the property on lot 11 for benefits of lot 12 &
13. (see attached document)
The attached deed of easement dated 1991 indicates that an easement was granted, sold,
and conveyed by the owners of the property on lot 11 to the persons mentioned in the
deed, depicting a 20' ingress/egress easement along the west 20' of lot 11. According to
the property appraisers office the property was sold to the present owners, the
Vicidomni's, in July 1990, but the deed/easement was notarized in May 1991, one year
after the property had new owners. (see attached document)
Unless anyone can produce any documents depicting that the vacation was ever
accomplished/completed on the north portion of the alleyway, the alleyway is still in fact
deeded to the city. With this being the case, the 12' city deeded public access alleyway
does provide access to the two interior lots on lot 12 and 13.
There is some question to the validity of the easement in question with the dates and time
frame of the owners of the property at the time, the time frame the documents were
notarized, and the date the property was sold, again which is a civil matter.
This matter is a private property easement ,deed and a civil matter between the adjacent
property owners, not the city. The deed was granted to the owners of the property as
listed on the deed.
The city ordnance for dumpster placement states that no dumpsters shall be placed upon
any neighboring property, or within any city street right-of-way, as depicted in Section
62-9 Residential Solid Waste Pick-up Conditions, and does not include the 20' private
easement. (see attached code section)
EASEMENT VERIFICATION
BLOCK 72, AVON -BY -THE -SEA
PAGE 3
I suggest that we contact the city attorney again with this additional information and see
where the city stands as far as the alleyway access is concerned and the private access
easement adjacent to it on lot 11. Does the city want to initiate the vacation of the
easement? The private easement does not depict any access across lot 12 for access to lot
13, which is rather strange, unless at the time, the owner of the property owned lot 12
as well. The time frame of the easement depicted in 1991 was done after the owners that
are mentioned in the easement had already sold the property in 1990.
As the city attorney mentioned previously, this is a civil matter regarding a private
access easement with placement of a dumpster on private property, and conflicting
documents relating to the easement in question.
MEMO
NOVEMBER 7, 2001
TO: JASON REDMAN
FROM: FORREST ROOKER
RE: YOUR FILE 17413/32730
CLAIM NO. C003247
Jason,
Attached please find copies of the deeds in the chain of title for Lots 1 l., 12 and 13, Block
72, Avon By The Sea, PB 3/7. You will note that some but not all make reference to a
purported " east 6 feet of Vacated Alley". There is no Vacation of record for this "Alley".
Also of record are 2 Quit Claim Deeds specifically conveying a portion of a "dedicated
alleyway" adjacent to these lots along with a Grant of Easement over the same,
I hope this information helps and if you need anything further please let me know.
orrest Rooker
cc: Kim Meyers
LandAmerica Claims
Attachments:
WD
DB 313-33
WD
DB 324-497
WD
OR 1768/386
WD
OR 1781/4
WD
OR 1825/557
WD
OR 2336/855
WD
OR 2336/856
WD
OR 2336/857
WD
OR 2343/1623
WD
OR 2902/24
WD
OR 3128/3884
WD
OR 3429/3526
QC
OR
3584/331
QC
OR
3584/332
EASE
OR
3584/330
WD
OR
4072/3197
0(n
r
/7 MICROFILMED
_ 4-10-80
RESOLUTION NO. 73-11
A RESOLUTION TO ABANDON, CLOSE AND VACATE A
DEDICATED ALLEYWAY LYING IN BLOCK 72, A VON -
BY -THE -SEA, WITH CERTAIN EXCEPTIONS; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
orida, deems it in the best interest of the City to abandon, close and
care a certain dedicated alleyway lying in Block 72, Avon -By -The -Sea
t,
bdivision; and
1;
WHEREAS, a public hearing was held on
73, after being duly advertised, recording the City's invention to vacate
its alleyway;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY
bUNCIL OF THE CITY OF CAPE CANA VERAL, FLORIDA, AS FOLLOWS:
SECTION 1. That a certain dedicated alleyway lying in Block 72,
;von -By -The -Sea, as recorded in Plat Book 3, page 7, Public Records of
k,l
2+lij;
revard County, Florida, is hereby abandoned, closed and vacated by the
�
; ty of Cape Canaveral, Florida, and said City renounces and disclaims
ny right of the City and the public in and to such alleyway, except as
rovided by Section 2 hereof.
1
SECTION 2. The vacation and abandonment of this alleyway is for
;1
ie benefit of the record holder of title as of this date and is also
upon!
said owner commencing construction on the property here-
!cingent
t•
ibefore described within six months from this date, and also upon said
YLL__�
caller dedicating a utility easenicnt of te+i feet to be located approximately
+
ithe vicinity of said alleyway, to the City Of r,1110C'an;lvcral, i lorida.
I
Sl;t:.l'IOPI 3. This r-cGnlur ,
RESOLUTION NO. 83-11
..A RESOLUTION ESTABLISHING THE DATE FOR A PUBLIC
HEARING FOR THE VACATION OF A PORTION OF THE
ALLEYWAY AND UTILITY EASEMENT LOCATED BETWEEN
JOHNSON AVENUE AND LINCOLN AVENUE; AUTHORIZING
CITY CLERK TO ADVERTISE SUCH PUBLIC HEARING;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Florida, has adopted
me Mapped Streets Act, and
WHEREAS, such Act requires the Council to hold a Public
Hearing and advertise such hearing two (2) weeks prior to the
date.of the Hearing, and
WHEREAS, the Planning and Zoning Board of the City of Cape
Canaveral has approved the vacation.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Cape Canaveral, Florida as follows:
SECTION 1. The City Council meeting of April 19, 1983 is
hereby established as the Public Hearing date for the vacation
of a portion of the alleyway and utility easement located between
Johnson Avenue and Lincoln Avenue, more particularly described
as that alleyway located between and contiguous to:
LOTS 10, 14 AND 15, BLOCK 72,
AVON -BY -THE -SEA
SECTION 2. The City Clerk is hereby authorized to advertise
such Public Hearing.
SECTION 3. This Resolution shall become effective immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 15th day of March 1983.
M yor I
Attest
City Clerk -
Approved as to Form:
tyo
ey \
NAME YES NO
CALVERT I X
HARRIS
NICHOLAS I X I
RUTHERFORD IX
X
V/INCHESTCR
RESOLUTION NO. 83-24.
A RESOLUTION VACATING THE ALLEYWAY BETWEEN LOTS 10,
14 AND 15, BLOCK 72, AVON -BY -THE -SEA WITHIN THE CITY
OF CAPE CANAVERAL, FLORIDA; DEDICATION TO THE CITY OF
CAPE CANAVERAL, FLORIDA, OF A PUBLIC ACCESS EASEMENT
ON LOT 10, BLOCK 72, AVON -BY -THE -SEA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Siesta Del Mar, Inc., has petitioned the City
of Cape Canaveral, Florida to vacate the alleyway between Lots
10, 14 and 15, Block 72, Avon -by -the -Sea; and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida has determined that it is in the best interest of the
City to vacate said alleyway.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The City of Cape Canaveral, Florida hereby
vacates the alleyway between Lots 10, 14 and 15, Block 72, Avon -
by -the -Sea.
SECTION 2. The vacation of this alleyway is contingent
upon dedication, to the City of Cape Canaveral, Florida, of a
public access easement on Lot 10, Block 72, Avon -by -the -Sea, to
replace the vacated alleyway.
SECTION 3. This Resolution shall become effective
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 19th day of
Citi Clerk
Approved as to Form:
rinm[: rrs ��o
November 18, 1983
Joseph R. Scott, Esq.
110 Polk Avenue, Suite 6
Cape Canaveral, Florida 32920
Re: Jay Cooke/Siesta Del Mar/
Easement w/City of Cofea_8eafcla- cln� n -
Our File: J28-7066
Dear Joe:
Pursuant to our agreement, please find enclosed herewith the original
executed and recorded Easement regardLng JL Development.
With indest regards,
Bruce W. Jacobus
0,WJ : me
enclosure
c:,: JL DeveLopment, w/o enc.
LAW OFFICES OF
IVOLFl:, KII2SCIII;NIIAUbf, CAItUSO, MOSLE
R KA1313001M
320 FORTENBERRY ROAD 505 NORTH ORLANDO AVENUE
325 FIFTH AVtN
MC111UTT IS LAND, FLOR 11A 3295e POST OFFICE BOX 757
INDLI,LANTic, FLORM
(305) 703.2218 GLASS BANK BUILDING
(305) 783-221f,
Cocoa BRAC1T,FL0RIDA .12931
(305) 783-2218
FRANK M. WOLFE
BRUCE I
MALCOLM R. KIRSCHENBAUM
DONNA M
JOE TEAGUE CARUSO REPLY TO! Cocoa Beach
FREOERIC
CURTIS R. MOSLEY
J. RODNE'
JONN J. KABOOORD, JR.
MICHAEL M
JACK A. KIRSCHENBAUM
BARRY C. G.
November 18, 1983
Joseph R. Scott, Esq.
110 Polk Avenue, Suite 6
Cape Canaveral, Florida 32920
Re: Jay Cooke/Siesta Del Mar/
Easement w/City of Cofea_8eafcla- cln� n -
Our File: J28-7066
Dear Joe:
Pursuant to our agreement, please find enclosed herewith the original
executed and recorded Easement regardLng JL Development.
With indest regards,
Bruce W. Jacobus
0,WJ : me
enclosure
c:,: JL DeveLopment, w/o enc.
U 12
' r _ THIS INSTRU&t N PREPARED y
L'ruce W, lacan s. BY'
of N/OLFE, Esq.
KIRSCIIEiJpAUM
MOSLEY & KA9L'U0, CARUSO,
E�1a_ "C_ RENT P. 0. Box I5% kU. P.A.
ocoa Oe;,ch, FL 32931
COOKS, hereinafter TIAs INDENTURE
made this
L• day of October, 198 C3, between JAY
hereinafter referred GRANTOR, and
to as GRANTEE,
THE CITY OF
whose CAPE CANAVERAL,
Cape Canaveral address is: 105 Polk Florida 32920, Avenue,
WITND
That the SSETit:
GRANTOR in the
consideration of Ten and
acknowled$edNo/100
and other valuable
consideration paid, the Dollars
, hereb e receipt o
Y grants, givesf which is hereby
successor, and
its succe conveys and transfer
assigns , s unto
' a perpetual the GRANTEE,
date, on and over the the
commencin
following dg on the above
attached made described
hereto and Property, to -wit;
a Part hereof, See Exhibit "A
Right of ingress, e for the following purpoSe,:
traffic' upon gress and access, b
and over y vehicular
the above desabed cr or Pedestrian
property.
TO "AVE:
AND To HOLD, said easement unto
successors or assigns.the
GRANTEE and to its
CRAPr'1'OR does hereb
Y covenant with G
seized and possessed of TEE
that he is lawfully
the land herein
lawful right to or described
convey it and that he has
any part Cher good and Cb
IN WITNESS thereof
W11EREOF,G 01)be signed Cite day and year first
"as hereunto caused these presents rV
fir above written• to
v
Wit
nesses�l��h h1L �KE,CO
�rJt is
(;EC FFE $ rilcHlcnN �O v
00C ST ;STITE
RCCD II';AUYAIIC(INlt I Al
CLRor 11 -IF I,z
SS
o
COU tint; (:I R;
r. �nr1NC10(r 8 DUC C -)NT of / / _ sinrar I1,gES. SIC`:ED rV
I atR1IIS '
persottally .BY CERTIFY th
i at
Wh x uti dl t 1 .?red .TAY i.. ('clrt(:b' ort Chis
r-71
EXHIBIT "A"
Begin at a point being the intersection of the South line of Section 23 and
the center line of Ridgewood Ave. Proceed in a northerly direction along sail
center line of Ridgewood Ave. to an intersecting point in line with the north
right-of-way line of Johnson Ave. Continue east along said north riglrof-way
line of Johnson Ave. a distance of 225.0 feet to the southwest corner of Lot
10. Then proceed east an additional distance of 27.0 feet to the Point of
Beginning. Then proceed northeast along a line parallel to the west property
line a distance of 136.63 feet to the north property line, then proceed east
along the north property line a distance of 29.0 feet to the northeast corner of
Lot 10, then proceed southwest along the west property line a distance of 28.13
feet; then proceed west along a line parallel to the north property line a
distance of 9.0 feet; then proceed southwest along a line parallel to the
east property line a distance of 108.5 feet to the south property line; then
proceed west along the south property line 20.0 feet to the Point of Beginning.
�r�1LE
WALTER C. BOWMAN • ASSOCIATES
AACHrrECT6 PLANNERS CONS1RUC'TOR6
November 2, 1982
Mr. Jay L. Cooke _ I_
300 E. Longlake Rd.. #275 �,t,U� Y\ CV
Bloomfield Hills, Mich. 48013
Re: Siesta Del Mar Condominium WB8207
Dear Jay:
You will find enclosed copies of the responses from the utility companies'
involved in relocating the easement; including my letter to the city and two
maps depicting the circumstances. The issue, as I mentioned, has been
compounded because the order to vacate the alley issued in 1972 was never
recorded properly with the county by the city, and had a reverter clause
requiring construction within six months. Though I feel something legally
is amiss here, the bottom line appears to be simply a new request by you in
a letter encompassing the following:
L) Request to the city to vacate a 12 foot alley described as follows:
"East 6 ft, of lot 10 and West 6 ft. of Lots 14 and 15, Block 72,
"Avon by the Sea", Brevard County, Florida".
2) Request to the_ city to relocate. utility easement described as..
follows: "East 5 ft. of Lot 10.and West 5 ft. o_ f Lots 14. and 15,
Block 72,. 'Avon by the. Sea",. O.R. Book 1128, "Page 83 of.
f Brevard County, Florida". With the easement to be relocated
on the property as follows: the North 10 ft. of Lot 10 and the
West 10 ft. of Lot 10 lying in Block 72, 'Avon by the Sea" of
Brevard County, Florida".
3) An agreement by you as principal developer to pay all costs of
relocating the utilities to the new easement as defined in the
attached letters from Cocoa Water Department, Florida Power
and.Light: Southern Bell and City Gas Company of Florida. 'Ibe
agreement to cover these costs should be directed to the city of
Cape Canaveral.
A response from you on this issue is required prior to the next P & Z
meeting on November 10, 1982. I would appreciate a copy of your request
and your attention to this matter at your earliest convenience.
Con[inuing in your Sczwice,
Wattev C. Bownuut, t\fA IPF:.
W CB: ka s
7001 NOnTiI AftAN1IC AVENUE -:105.767 U 70 Af'C CANA,AHAi_ f U<<'0A 32920
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-�s-e--a---<-a--asaa-;.... s------aa-s---a+a:----a----------a---a-a--a--ssr-mea
RESTART: PARCEL ID: 24 3723CG 72 5
LINE NO HISTORY COMMENTS 1999/11/16
1 1994 727LE IS 14ARIANNE VAN HIDE G RITA SCHOENFELD T/C P/2204/29SS
7 1994 5/17/94 VH ---
3 1996 3511/1438 M VAN RISE 1/2 INT TO WALTER BCHOENTELD; TITLE NOW:
4 1996 WALTER SCHOENFELD 1/2 INT i RITA SCHOZNFELD 1/2 INT 10/20/95 MR
5 1996 LEGAL DE9C CORRECTION k FRONT FT CORRECTION PM40VMD NEST 6 FT OF
6 1996 VAZ ALLEY 7;2014 AESC L FRONT PiTAGE VUZ TO aARS2:ARCH DONS: 12-77 IT
7 10915 RA3 DETMgaNED THAT ALMT 1TA3 NOT VACAT?.D Mr.. OLD BLDG CARD 033
6 1906 CC -7:2-10) LOT 5 haSSIECD WIMP COMMCIaON MME 224 19-77 DOES NOT
9 1996 AFFECT VALUE AS LOT IS ASSESSED ON A PER LOT BASIS 1/17/96 GL ---
10 1996 DC 3548/3452 rOR RITA Z SCBOZNFELD; DOD 5/5/91; TITLE TO
11 1996 SPOUSE WALTER SCHOENFELD 3/8/96 MH
12 1996 NOTE: 3584/330 PT 24 -37 -23 -CG -72-5 4 12) GRANT OF ZAS>DZNT--NOTE:
13 1996 3584/332 THESE ARE ALL CITY OF CAPE CANAV35RAL EA3 NOT vACATLD
14 1996 All Y DESCRIBED IN THESE DOCUMENTS P/WO 7/17/96 CR
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PREPARM
SPACE BY i
P• CQ0.3T TITLE C� I- tl�elers
Meir ttok .540249 ANY
IS1135 FL 32954-0249
Return To�--�
Com "'I'llh [And lilie ( DEED OF EASEMF�
308 Pine Str"t Insurance Compiny
f Titusville, Florida 32796
File # _Z7-'�
The undersigned
in consider OI'^er(s) Of
anon of Fre,-
receipt
J�.P4hereof is he Ten $103pps herein described
Purp Oalt BorughYY ac
Run D ALICE owl d I )hereby grang (^valuabl antor^) for and
=Poses of ingress ' rt Wayne, Indiana ER husband grant, and conve considera[i°n
ASEp�.�,�� EET OF to
egress for the follou� 9 desccicluseve�'Aoseaddress is:
WEST 20 Fan
FOR
RECORDED IN p LOT 11, B bed Pro ease for the
RECORD.2, CNB y,
S OviE �CCCp
BREV OF LOT 3BOOK 3,BPAGE 7 OF 1171E pY 271E SEA , A Pert
/ARD qJr y DltjG TO
FLORIDLOCK A. AVON BY�THE SEA'
SAT F BREBOOK THE
CHCL�IN PTT THEREOF
C� LIC
Wr cress 2 -
STATE OF FLCR IDA U �—
COC1iTy OF BREVARD ra
P
to o n
theme wellkrlov Personally
d ally aPceaced v 'o
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l ITrthe P ses the�1� eXPcessedacknov edged befoced a1s des husband and •wife. L^ : =T
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ed the same
notary is an1Y for John seal this )[h
A. Vogt. �� day of Hay
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-..:salpry,ires: �ARY PUBLIC I o ^ 1
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(3'
TIMOTHY J. MORIARTY and
DENISE MORIARTY,
Plaintiffs,
vs.
IN THE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR BREVARD COUNTY,
FLORIDA
Case No. 05 -1999 -CA -48842
Judge George W. Maxwell III
RONALD KISTER, SR., KATHLEEN KISTER,
and TIDES INN CONDOMI`N'LT-JM ASSOCIATION, INC.,
Defendants,
FINAL JUDGMENT
This matter having come before the Court upon the Settlement Agreement and
Stipulation for Judgment ("Stipulation") of Plaintiff, TIMOTHY J. MORIARTY and DENISE
MORIARTY and Defendants, RONALD KISTER, SR., KATHLEEN KISTER, and TIDES INN
CONDOMINIUM ASSOCIATION, INC., and the Court having considered said Stipulation,
pleadings, and all other matters of record in this action, finds it has jurisdiction over the parties
and subject matter and that, it is HEREBY ORDERED and ADJUDGED as follows:
1. That all recording references cited in this Final Judgment are to the public
records of Brevard County, Florida, and all lots in Avon By the Sea Subdivision referenced in
this Judgment are according to the plat thereof, recorded in Plat Book 3, at Page 7, of the Public
Records of Brevard County, Florida.
(Page 1 of 8)
0
2. That all written instruments referred to in this Final Judgment and
identified by recording references are expressly incorporated and made part of this judgment as
fully and completely as if set forth herein in full.
3. That Plaintiffs, TIMOTHY J. MORIARTY and DENISE MORIARTY,
are owners of Lot 13 ("Lot 13 Owners") and certain additional lands being the dominant estate
under a grant of an express easement for ingress and egress over the west 20 feet of Lot 12 and
Lot 11. The dominant estate and the easement incidental thereto ("Lot 13 Parcel") owned by the
Lot 13 Owners is legally described as follows:
Lot 13, Block 72, Avon by The Sea, according to the Plat
thereof, as recorded in Plat Book 3, Page 7, Public Records
of Brevard County, Florida, and that portion of "Ocean
Blvd." now vacated and lying East of said Lot 13; together
with that portion of the East ''/i of vacated alley lying West
of said Lot 13; together with that portion of the area known
as Cocoa Beach, as shown on said Plat of Avon By the Sea,
that lies East of said vacated "Ocean Blvd." and West of the
mean high water line of the Atlantic Ocean, said parcel
being bounded by the prolongation Easterly and Westerly
of the North and South lines of said Lot 13; together with
an easement across the West 20 feet of Lot 12, Block 72 of
said Avon By the Sea, for purposes of Ingress and Egress,
together with an easement across the West 20 feet of
Lot 11, Block 72, Avon By the Sea, for purposes of Ingress
and Egress, together with all riparian and littoral rights
belonging thereto.
4. That Defendants, RONALD KISTER, SR., AND KATHLEEN KISTER,
are owners of Lot 12 ("Lot 12 Owners") and additional lands ("Lot 12 Parcel") being a servient
estate subject to an easement over the west 20 feet of Lot 12. The Lot 12 Parcel is legally
described as follows:
(Page 2 of 8)
0
Lot 12, Block 72, Avon By The Sea, according to the Plat
thereof as recorded in Plat Book 3, Page 7, Public Records
of Brevard County, Florida and that portion of "Ocean
Blvd" now vacated and lying east of the lot above
described, together with the East %2 of the vacated alley lies
West of said Lot 12.
Subject to an easement across the West 20 feet of Lot 12,
Block 72 for purposes of ingress and egress. Ingress and
Egress Easement over Lot 11, Block 72, reserved for
Lots 12 and 13, Block 72, as recorded in Official Records
Book 2336, Page 0856.
That Defendant, TIDES INN CONDOMINIUM ASSOCIATION, INC., is
the owner of Lot 11 ("Lot 11 Owner") and additional lands ("Lot 11 Parcel") being a servient
estate subject to an easement over the west 20 feet of Lot 11. The Lot 11 Parcel is legally
described as follows:
Lot 11, Block 72, Avon By The Sea, according to the Plat thereof
as recorded in Plat Book 3, Page 7, Public Records of Brevard
County, Florida and that portion of "Ocean Blvd." now vacated
and lying East of the lot above described.
Grantor reserves an easement for ingress and egress across
the West 20 feet of the property herein conveyed for the
benefit of Lots 12 and 13, Block 72, Avon By The Sea, Plat
Book 3, Page 7.
6. That the grant or reservation of easement created under Warranty Deed,
dated October 29, 1981, recorded in Official Records Book 2336, Page 0857, and the Warranty
Deed dated November 2, 1981, recorded in Official Records Book 2336, at Page 0856, all of the
Public Records of Brevard County, Florida, is hereby recognized by Lot 11 Owner, Lot 12
Owners and Lot 13 Owners, as establishing a valid and effective perpetual and exclusive
easement for the benefit to and a covenant running with the Lot 13 Parcel, over the west 20 feet
(Page 3 of 8)
of Lot 11 and Lot 12, for the purpose of ingress and egress (the "Original Easement"). The
parties have, by their mutual agreement, agreed to vacate the Original Easement and grant the
"Revised Easement" as described in Paragraph 7 below. The parties agree and the Court enters
its declaratory Judgment that any other documents recorded, or otherwise which would purport to
create a 20 -foot easement, across the west 20 feet of Lots 11 and 12, are null and void and of no
effect.
7. That the Court hereby enters its declaratory judgment determining and
declaring that the grant or reservation of Revised Easement described in this Paragraph 7 of this
Final Judgment is legally binding upon the Lot 11 Owner and Lot 12 Owners as establishing a
valid and effective perpetual and exclusive easement, for the benefit to and a covenant running
with the Lot 12 Parcel and the Lot 13 Parcel. The Court further declares that the Original
Easement is hereby vacated and abandoned and is of no further force and effect as to Lots 11, 12
or 13. That the Revised Easement is located over the property legally described as follows:
An easement over and across the West 16 feet of Lot 11, Block 72, Avon By the Sea, according
to the plat thereof, as recorded in Plat Book 3, Page 7, Public Records of Brevard County,
Florida, and the East 6 feet of the vacated alley lying West of and adjacent to said Lot 11,
Block 72.
An easement over and across the westerly end of Lot 12, Block 72, Avon By the Sea, according
to the plat thereof, as recorded in Plat Book 3, Page 7, Public Records of Brevard County,
Florida, having a right angle width at the North line of 16 feet and a right angle width at the
South line of Lot 12 of 22 feet, together with the East 6 feet of the vacated alley lying West of
and adjacent to said Lot 12, Block 72.
(Page 4 of 8)
&I
The easement described in this Paragraph is hereinafter referred to as the "Revised Easement",
and such determination is binding upon all parties, their heirs, successors and assigns forever.
8. That the Lot 11 Owner and Lot 12 Owners are hereby permanently
enjoined from violating, blocking or obstructing the Revised Easement or the right of way of
Lincoln Avenue. The Court reserves jurisdiction over the parties for enforcement of this Final
Judgment.
9. That Lot 11 Owner, Lot 12 Owners and Lot 13 Owners shall designate the
Revised Easement and right of way of Lincoln Avenue as a "tow -away zone" and continuously
maintain a minimum of three signs along the boundary of the Revised Easement area and right of
way of Lincoln Avenue, in compliance with Florida Statutes, Section 715.07, 1999. The parties
authorize the then owner of Lot 13 Parcel as a designated representative pursuant to Florida
Statutes, Section 715.07(2), 1999, authorized to cause any vehicle parked in the Revised
Easement area or right of way of Lincoln Avenue to be removed in accordance with the Statute,
regardless of ownership of the vehicle. Owners of Lot 11 and Lot 12 are also authorized as
designated representatives, pursuant to Florida Statutes 715.07(2) 1999, authorized to cause any
vehicle parked in the Revised Easement area or right of way of Lincoln Avenue to be removed in
accordance with the Statute, regardless of ownership of the vehicle.
10. The Revised Easement and right of way for Lincoln Avenue will be kept
free of all obstructions, all nuisance, litter, debris, etc., and any other conditions which could
limit free access for emergency vehicles.
(Page 5 of 8)
11. That the Lot 11 Owner and Lot 12 Owners shall promptly trim all trees,
bushes, shrubs and other vegetation to keep the Revised Easement area and right-of-way
unobstructed. Lot 13 Owners will not cut trees, bushes, shrubs or other vegetation on the Lot 11
Parcel or the Lot 12 Parcel without further order from this Court.
12. That Lot 11 Owner, Lot 12 Owners and Lot 13 Owners agree not to
initiate any complaints to the City of Cape Canaveral for any conditions governed by the
Settlement Agreement and Stipulation for Judgment or this Final Judgment. In the event there
are alterations to the existing improvements or new conditions develop, such future violations
may be reported as code violations if not resolved under the dispute resolution provisions
contained in the following paragraph.
13. That, if Lot 11 Owner, Lot 12 Owners or Lot 13 Owners violate the terms
of this Final Judgment (other than parked vehicles, which shall be towed), any party can impose
and collect a monetary penalty of $100.00 for the first violation and $500.00 for a second
violation of the same offense. Prior to pursuing a violation, any party shall provide written
notice by certified mail, hand delivery or process server, to the owner of the lot upon which the
alleged violation is located, describing the nature of the violation and demanding that it be cured
within five (5) days from the date notice is given. The parties can enforce this provision by the
Court's contempt powers, or other additional enforcement action. In the event of a claimed
violation of this Agreement and application to the Court, the prevailing party shall collect his, it
or their reasonable attorneys' fees and costs from the party found to be in violation of the Final
(Page 6 of 8)
Judgment. The Court hereby reserves jurisdiction over the parties for enforcement of this Final
Judgment.
14. The parties have agreed, as to between the parties, that the 12 -foot alley
has been vacated, however, there is some question in the public records, as to whether the alley
has been formally vacated by the City of Cape Canaveral. Therefore, the parties are ordered to
cooperate with one another in obtaining satisfactory evidence from the City of Cape Canaveral,
in recordable form, which would demonstrate that the alley is vacated. The form of action may
involve filing a petition to vacate the alley, and in that event all parties shall join in such petition
and bear any administrative cost, including publication fees and recording fees, for such action.
Any vacation of the alley shall be expressly conditioned upon the Revised Easement being
established over the East 6 feet of the alley.
15. That Count II of the Plaintiffs' Complaint and the Counterclaim filed by
Defendants in this matter are hereby dismissed with prejudice.
16. That except as set forth specifically in this Final Judgment, each party
shall bear their own attorney fees and costs in connection with this matter with the Court
specifically reserving jurisdiction to award the monetary penalty and attorney fees and costs
upon proof of future violations of this Final Judgment or injunction issued by this Court.
ORDERED AND ADJUDGED in chambers, Moore Justice Center, Viera,
9/
Brevard County, Florida, this day of J D ( I , 2002.
Circuit Court Judge
ORIGINAL SIGNED BY
GEQRGE W. MAXWELL III
CIRCUIT JUDGE
(Page 7 of 8)
STATE OF FLORIDA. O;'; :: Y OF BREVAPZ t
I HEREBY CERTIFY that !he: abM old
bw COW Of the O(Vnai lfv -,,.j in this corcebragninA iis �y•., •,in
ELLS iai��"_
C=* Ccwry
0Z
Conformed copies to:
JOHN B. SHOEMAKER, ESQ.
JASON HEDMAN, ESQ.
FAMDOC32730-JUDGMENT
(Page 8 of 8)
Meeting Type: Regular
Meeting Date 02-03-04
AGENDA
Heading
Resolutions
Item
9
No.
clarify this matter before City Council.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 04-08, REMOVING AN ALTERNATE MEMBER OF THE CODE
ENFORCEMENT BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 04-08, removing Lars Holfve as an Alternate Member of the
Code Enforcement Board, based on the fact that the City has been unable to verify certain relevant information
contained in the alternate board member application.
Summary Explanation & Background:
Mr. Holfve has been notified by the city manager to attend this City Council meeting and to bring any evidence to
clarify this matter before City Council.
The attached correspondence from the Consulate of Sweden states that Mr. Holfve has a high school education.
This contradicts the college education noted on Mr. Holfve's board member application.
Please advise.
Exhibits Attached:
Resolution No. 0408
City Manager's Office
Department LEGISLATIVE
cape-nt\xim\myaocuments\aamin\council\meeting\ZUU4\UZ-Uj-U4\U4-UB.doc
RESOLUTION NO. 04-08
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REMOVING AN ALTERNATE MEMBER OF THE CODE
ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, in accordance with Section
2-171(e), Uniform Procedures and Requirements, desires to remove an alternate member of the code
enforcement board; and
WHEREAS, Section 2-171(e) states that all persons shall be appointed to, and removed from city
boards and committees by majority vote of the City Council and by resolution.
WHEREAS, Section 2-171(e) further states that board and committee members shall serve at the
pleasure of the City Council and may be summarily removed at any time with or without cause and
Chapter 162, Florida Statutes, permits the removal of code enforcement board members for cause; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to remove
this alternate member from the Code Enforcement Board based on the fact that the city has been unable
to verify certain relevant information contained in the alternate member's city board application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows:
Board
SECTION 1. Lars Holfve is hereby removed as an Alternate Member to the Code Enforcement
SECTION 2. This Resolution shall take effect immediately upon its adoption.
E:\CityClk\Resolutions\BOARDS\REMOVAL\04-08 CEB.doc
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 3rd day of
Fe ua 2004.
ATTEST:
Rocky Randels, MAYOR
Bob Hoog
Steve Miller
Jim Morgan
FOR AGAINST
Susan Stills, City Clerk Rocky Randels
Richard Treverton
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
E:\CityClk\Resolutions\BOARDS\REMOVAL\04-08 CEB.doc
acr llr 4t)03 lo: tb L15b,i4Wi l t
CONSMATE OF SWEDEN
P'HM ADELPMA
To Whom It May Concern.
DZS COMPANY PHILA US PAGE 01
December 11, 2003
/2-3 - o,4
D1s___TR�SUTIofV
h1- OI V
Litt' Council
Di;. 1
please be advised that an education from a Gymnasium in Sweden is equal to an
education from an Upper Secondary School (Senior High School) in the United States.
The attached Copy of Trartscript from Eskilstuna Handelsgymnasium verifies that Lars
O. Holfve graduated from this school in the spring of 1%S. However, we can not certify
the authenticity of this transcript in as much as it is not a certified copy or an original. In
Sweden Diplomas are not issued when completing the required exams in order to
graduate from the Gymnasium.
The equival=A of a Bachelor Decree in Sweden would be a "Kandidat Examen"
frorn a University or University College (1.16gskola).
Very truly yours,
IS,Wnctla Hxgglund Bailey
Consul
Add� To**WM TdNOW 9 -AW
1! p" *WW %ft 2001 1M Vt B&Mmd M*AW+w'A 1"03-2125 • (213) 4W?= • t210 lli4W • al
Forvaitning Dokumentnamn
Kultur- och fritidsfdrvaltningen BETYGSAVSKRIFT
AvdeIning Datum
Stadsarkivet
Handlsggare, direknelefon
EsKttstuNA Dorothea Bohman, 016-10 10 34
KOMMUN
BETYGSAVSE RIFT
Utdrag ur betygskatalog fdr Eskilstuna
Handelsgymnasium vfiren 1965.
StAlforsskolan.
Eleven: Lars O. Holfve
Betyg i amnen:
Betyg for det skriftliga proven.
Svenska: AB r) r- a ti s h
Engelska: Ba E U !G Li 5 AO
Matematik: AB ^4 77,'
Betyg i examen.
Svenska: AB
Engelska: BaGLis
Tyska B? 6.0 W
Franska: B A
Spanska: Ba 15,A N,(-�
Historia: a 14;t-, 02�
SamhAllskunskap: a
V2r beteckning
1 (2)
Er beteckning
Ert datum
� -;� 0
Di`;TRIBITIC)N�
"Aa 'Qr
City Council
C, t,' higr.
City Atty.
GUI!Tni; 1
Finemce Di- - –i —
Geografi: a G,Eo yra P F,
Psykologi: AB ph s
Matematik: AB /✓��
Naturvetenskaplig
orientering: a
Redovisning: B
Distribution: AB ,
Administr. och ���%'�'sr'Q'y`T'o'✓
fbretagsorgentering: Ba
RAttskunskap: AB
--- Samhillsekonomi: AB
Maskinskrivning: B
Gymnastik: Ba r:7-tl�
Upgfdrande: A� ��,yyyvv2r�
Ordning: A 41'
Ova.nstdende utdrag overensstammer med
originalet pi stadsarkiv et.
Eskilstuna 2003-10-08.
Dorothea Bohman
eNinnasiet Telefon, vC Telefax
Postadress Besoksadress
E kilstutadress Koinmun Careliigatan 8, 2 tip 016-101000 016-13 40 33
orothea.bohman
63136 ESKILSTLJNA d
Mobiltelefon ost
intettmc: www.eskilstuna.se @eskilstuna.se
_le/15/2882 28:25 3218r 952
City of Cape Canaveral
City Board Application
GARS HDLF1lE P.IIWWWmm4WW-u- m i --W.-.4- a
Pkme Prim aid Far to Our Offim at (321) 868-1248:
Applicant Name _Lars Hovi a Home Telephone: 85&3086
Home Address _35o Tayior Ave #B5 Cape Canaveral, FL 32924
BMW": Leans Hoifwe Comttretioa Cons Business Telephone: 960-6086
Ofte Address _Same as above
Brief Description of Educatioa sad Experience:
I recieved a BS degree in Buskum Adwin in EsbYstun s, Sweden in 1 %5
I t Fo Am a State Certified General Contactor in 1980
t bmama a State Certified pm&g Co uutor in 1982
I also bold a CAM (Corm wdty Association tManager) ho me
I stn a he Pro Wast of the Harriet Island Kiwads Club
I am a member of the Cocoa Beach Area Cbember of Commerce. I abo cbair+ed one of their Leads
Groups.
I sen an Amociote member of the Space Coast Camdomi bm Assockti On
I am the caesWr and orguima of the Hturrc m Expo ( 3 yms) in co-option with the Bxt ud Co.
Office of Emessoacy Maavv=cnt
I have been a<vxemf'4' self esetpbyed for 4m to 30 years now.
Area you a registered voter? Yes: No: X
!lova you been a rawest of the City for 12 months or longer? Yes'—X-- No:
Do you ctarmtlj► bold a pubUc offl=7 Yes: No: X
Are you presently auVboyed by the City. Yes:- No: X,_._.
At the ptcadot time, do you serve on a City Board? Yes: No: X
At the peCUM time do any of the f09owing robctivea of your gave an to City Couaeil: btber, another,
3, datt;bm, brother, saw. unck, tet, fast nous m mpbew, Wince, lubend, wise,
ihtiter-in-law, vQther in -Lw, Wft_ t -law, dattgbtgr-kL-km, %4s"', sister-in-law,
Ion moos "o Im
I of 3
18/15/2002 20:25 321F '.051 LARS HOLFVE PAGE 02
up;rr w w w.weS.a�aw.awwr�,w�rw,w,sw�ir.uK,u
ste pEgterr stepmoffier, sttpeon, aepdaugbter, stepbrother, stepdsw, holf brother or half sister?
Yes: No: X
At the pre"M time, do my of the mellowing relatives of yours serve on sW other City board,
cos on or specid district: spousc, parent, chid, grmdpwcg or st&g of the whole or belfblooV
Yes: -No: X^
Please specify on which City Board you are interested is serving : (Indicate Prefesem, I st, 2nd, 3rd,
eta)
eteaUtifi a dca
1st oode RG&MMsnt
Bomrd of
Adjusanen *
C MW -X ity
APpW We A
BminM
CUkUrW
Oarolopn. M
2nd
a 1smdof
d & Z0aft Roweaden
*Members of these Boards am required to complete Financia/ Discloswe Foran :goon aFpoiwdwent to
said Board and prior to July 13th of each year fotlowtng rhe injriat gVoinimew whaler still a member
of said Board
Please list wbat you Soel we your qumHficatiom to serve w a member on one of the City's Boards:
I hs w waemive bus nm experienee, most of it in the covstruction judusuy.
i have been her* atvohved in oanoeneu k service since I moved to Cope Canaveral 4 years no.
I would lihce to put that experiw= in the 90rvkc of my COMMM)ity.
world you oomider seryb* oa aaodw Ci"Owd Odw Ihm Ibc Q*s) yon Save mWeled on the 8'M of db fam?
Yes: _X No: _
Appbcane's Signet
pMSL NOTIL:
Inial appoiittwgd to eery city Board is suiiect to City Cou061 approval following
a brie!' kserview before the City Cona d at a =Vdarly xb*ded mectmg.
Yom Vpkdion WE Mnain ellrctM for one year fim the daft ofoaenpletiom
If you ahvald have any questions rogwdbg the Coe q&bon of this XPPUCXdCU, PIC8ft
cons the C%y Chwkkv Of5w at 868-1221.
Data: � • t L�
2 of 10/15/2002 9:30 FM
Meeting Type: Regular
Meeting Date 02-03-04
AGENDA
Heading
Discussion
Item
10
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: SISTER CITY VISIT, VILA DO BISPO, PORTUGAL
DEPTJDIVISION: LEGISLATIVE
Requested Action:
Discussion on the visit of representatives from our Sister City, Vila Do Bispo, Portugal
Summary Explanation & Background:
The attached correspondence inquires about a possible future visit from the City of Vila Do Bispo. The Sister City
relationship was established in 1990. I have requested additional information about their visit. See attached e-mail.
Discussion item only.
Exhibits Attached:
Vila Do Bispo letter; Proclamation
City Manager's Office
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2004\02-03-04\portugal.doc
Official
lirlarlamation
aug (Df
Cape Canni1cral, Alariba
ty of Cape Canaveral,
.ocation, for more than
associated with Space exploration; and
by virtue of its
25 years has been
WHEREAS, the City of Sagres, Vila Do Dispo, Portugal,
has for the past 500 years been associated with European endeav-
ors in exploring the unknown regions of our planet Earth;
WHEREAS, these two cities share this common bond of
association with the exploration of our universe, both terres-
trial and celestial; and
WHEREAS, there has been and continues to be a friendly,
cooperative, commercial, financial, cultural and beneficial
relationship between the United States of America and the
Republic of Portugal; and
WHEREAS, there has been extensive communication between
the elected representatives of the City of Sagres and the City of
Cape Canaveral to determine the desirability and feasibility of
entering into a Sister City relationship; and
.WHEREAS, this communication has resulted in an
affirmation by both Cities of the value of establishing a Sister
City relationship;
NOW, THEREFORE, I Joy C. Salamone, Mayor of the City of
Cape Canaveral, Brevard County, Florida, do hereby proclaim that:
The
CITY OF CAPE CANAVERAL, FLORIDA, U.S.A.
and the
CITY OF SAGRES, VILLA DO, BISPO, PORTUGAL
are hereby joined together
as
"SISTER CITIES"
,$cal of the
Qlits of (tape (G:niaiural
Anne at the (Qiti; P1111 tllis 11th ),IL of Jan. , 1920
�at�nr
JOSE ANTONIO DE JESUS MARTINS
Apartado 252 8601-903 LAGOS - ALGARVE - PORTUGAL
Fax. ( ++) 351 282 799795
Webpage: www. historialgarve.com E-mail 20026Mstorialgarve.com
Mr. Rocky Randels
Mayor of City of Cape Canaveral,Fl
City Council
City Hall Annex, 111 Polk Avenue Cape Canaveral
F132920
USA
Lagos, November 23- 2003
Dear Mayor.
First of all I would like send to you my compliments in the name of Mr. Eng. Gilberto
Viegas, President ( Mayor ) of Vila do Bispo - Algarve and for all the members of the Cape
Canaveral City Council.
As you know the Algarve Region is one of the most important place's in Portugal about the
Discoveries Period.
In this Region of SAGRES ( in this moment belongs to the Municipality of Vila do Bispo )
was in the past the first place that Prince Henry the Navigator saw the Algarve Region and founded
is Villa - The Villa of Infante. Near SAGRES ( in our days the City os Lagos ) he began, in 1415 the
first step to the the Portuguese Discoveries.
SAGRES was, indeed the most important place for the mankind since the Greeke and
Roman people in ancient times.
For us SAGRES and CAPE CANAVERAL are the most important places for the
Discoveries mankind.
We believe that in the Prince Henry's Period's (1415-1460) , SAGRES ( ALGARVE -
PORTUGAL) took the place of Nov World by sea and by land. CAPE CANAVERAL (FLORIDA -
USA) is the place that the Humanity discover the SPACE in 60' decade.
In this point of view the President (Mayor) of the Municipality of Vila do Bispo, Mr. Eng.
Gilberto Viegas, invite me to make contacts with the Cape Canaveral City Council and to send the
information that he beleives that it will very important for the Municipality of Vila do Bispo (that
includes SAGRES ) to encourage the City Council and the people of Cape Canaveral City to join a
project that includes, in the future a twin sister city with VILA DO BISPO and CAPE
CANAVERAL.
2
In this moment we want to prepare a official visit to Cape Canaveral City in the next year (
2004 March -April ) to visit your city and to explain our point of view to exchange cultural and
historical information.
In this moment we are sending by mail some books about SAGRES and some postcards
about Vila do Bispo as well some documentation about Algarve and Prince Henry' Period.
In the future, the official documents about SAGRES and CAPE CANAVERAL subjects,
please send to Mr. President (mayor) of the Municipalty of Vila do Bispo - Algarve (Eng. Gilberto
Viegas) 8600 Vila -,do Bispo PORTUGAL or by E-mail webmaster(i cm-viladobisno.nt. We invite
you, as weel, to visite de Url www. cm-viladobispo.yt/
The USA Embassy in Lisbon has information about our interest to make contacts with your
City and we beleive in the future we can make important things to our cities and communities.
With my best regards.
Sincerely.
` Jose An Inio, Jesus Martins
Plese Note: Copy of this letter are sending to you by E-mail and by Fax for Cape Canaveral
Council and to USA Embassy in Lisbon.
Meeting Type: Regular
Meeting Date 02.03-04
AGENDA
Headmg
Reports
Item
The attached spreadsheet outlines the current wage information with projected increases. If City Council is in favor,
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CITY MANAGER'S REPORT: DEPARTMENT HEAD WAGES
DEPT./DIVISION: CITY MANAGER
Requested Action:
City Council inquired at the last meeting how much would it cost to bring all department heads to the middle of their
respective salary range.
Summary Explanation & Background:
The attached spreadsheet outlines the current wage information with projected increases. If City Council is in favor,
I will incorporate these changes into the next budget transfers.
Please advise.
Exhibits Attached:
Wage Table
City Manager's Office
Department ADMINISTRATIVE
c:aye-uLNKJ.m%myaocumencs\aumin\councxi\meerinq\zuus\ut-us-us\wages.aoc
Administr
Building
Public We
Parks and
ation
Position Title
FLOC Class # Minimum I
Maximum I
Mid-range
Current wage
Mid range
Employee Name
Increase
Last
First
Bowers
Andrea
City Treasurer
126/5070
52,874
78,000
65,437
54,475
10,962
Stills
Susan
City Clerk/HR Dir.
2080/9020
43,930
64,688
54,309
47,736
6,573
Morley
Todd
Building Official
116
47,258
68,432
57,845
57,262
583
rks
Gardulski
Edward
Public Work Director
2160
56,264
83,096
69,680
60,091
9,589
Recreation
Hanson
Nancy
Recreation Director
2200
50,648
75,317
62,982
52,166
10,816
Total 38,523