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Packet 03-16-2004
CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: T Of Cape Canaveral REGULAR MEETING ALL ANNEX Cape Canaveral, Florida IESDAY h 16, 2004 7:00 PM AGENDA PRESENTATION: Donation by the American Legion Post 348. BOARD INTERVIEWS: Connie Trautman, Community Appearance Board. Lisa Moore, Community Appearance Board. Donald Dunn, Construction Board of Adjustment and Appeals. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 2, 2004. 2. Proclamation for Irish -American Heritage Month. CONSIDERATIONS: 3. Motion to Approve: Annual Audit for the Year Ending September 30, 2003 as Presented by Bray, Beck and Koetter, CPAs, P.A. 4. Motion to Approve: Emergency Repair of a Sanitary Sewer Main. 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 March 16, 2004 Page 2 of 2 5. Motion to Approve: Proposal from J & S Curb/Concrete, Inc. to Construct a Sidewalk on Washington Avenue. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 04-2004; Amending Chapter 10, Providing for a Definition of and Prohibiting the Commercial Use of Slot Machines or Devices, at second reading. ORDINANCES: First Public Hearing: 7. Motion to Approve: Ordinance No. 05-2004; Amending Chapter 38, Article IV Entitled Fireworks; Providing for the Prohibition of the Private Use, Storage, or Display of Fireworks, at first reading. RESOLUTIONS: 8. Motion to Adopt: Resolution No. 2004-10; Casa Del Vista Final Replat. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Flofida 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 Cleric's office (868-1221) 48 hours in advance of the meeting. Mar -09-04 15:52 CANAVERAL FIRE #52 321 783 4887 P.01 GAPE CANAVERAL N'T EER FIRE DE11ART1-1FN'I; IN(::. Yee z,int; the- city of Carpe (.'attar.er (,'t�nue r,ral �'ur1 A�ith�,i i/)' MEMORANDUM To: Bennett Boucher, City Manager a naveral From: David J. Sargoant, Fire Chief Date, 04MAR2004 RE: Donation by the American Legion Post 348 Our local American Legion has raised $850.00 through two events for Cape Canaveral Volunteer Fire Department. Thoy would like to present this money to us at the March 16'x', 2004 council meeting. As we have previously discussed, could you please agenda this and contact the local press to give the Legion some recognition. Thank you for your attention to this matter and continuous support. .st:rlirat=f 190 JACK14)N A% FNl;E • CAPE ( ANAV1 12.AI,. F L,ORWA 317920 a (3 1) 7S..1 4777 • FAN; (.')?I ) 7Ka- 1398 Sririmm :'2 14970 COIJ IN11iIA W )AI ) 9 (A1% CANAVE W,N l,. 1"1,()R I I ),\ Q920 e (,321) -,,S,;-4424 e IMAX- (321) 783.4K87 Date: March 8, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Walter Bowman, Chairperson, Community Appearance Board Re: Interview of Prospective Board Members Connie Trautman and Lisa Moore At the Community Appearance Board meetings held on February 16 and March 1, 2004 the Board members interviewed Connie Trautman and Lisa Moore. The Board members recommended that the City Council appoint both individuals to the Board. They did not specify which one should be appointed as a regular member or alternate member. They have left that decision up to you. Thank you for your consideration. Dec-lI-03 0Y:27t� CSiy of Cape CBnav�ral 321 868-1248 P 0 CITY OF CAPE CANAVERAL - APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits s person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1 _ Applicant Name: 2_ Home Address: J7(I 3. Home Telephone:, 4. Occupation:-�,��<�����.GL��L�T - 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory beard or committee. 1. Are you duly registered to vote in Brevard County? (Y) !✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) 3a. Have you ever been Convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question, (Y) (N) Y 3b. If yes to 3a, have your civil tights been restored? (`r) (N) 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? j (Y) / (N) 4b. if yes to 4a, please list each:if oft hllX��� j Oec-11-03 01:17P City of Cape Canaveral 321 868-124a S. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. po you voluntarily initials consent to having a standard background check performed on youu by the City of Cape Canaveral? (Y) (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) ✓ (N) 6b. If yes to 6a, please provide name(s) of parson(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 2. Briefly State any prior experiences in serving on any governmental band or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: P.02 'Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while 5611 a member of said board. �n • � nuc- �.n i r -r .,-_,�,. �u � .�-,r,rr..,.� �,.;. .-.. _.,-. ,-..-,.-.� .-.-. ...-,,. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board' e. Community Appearance Board` fi• Construction Board of Adjustment and Appeals" g, Ubrary Board h, Planning and Zoning Board' L Recreation Board Ji- Other: P.02 'Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while 5611 a member of said board. �n • � nuc- �.n i r -r .,-_,�,. �u � .�-,r,rr..,.� �,.;. .-.. _.,-. ,-..-,.-.� .-.-. ...-,,. DQC-11-03 01:18P City of Cape Canaveral 321 868-124a D. STATE REPORTING REQUIREMENTS, Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes. - RACE African-American Asian -American Hispanic -American Native American Caucasian Not Known GENDER DISABILITY Male Female Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-_326, FLORIDA STATUTES) AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES), WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CIN ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting_ • Yout application will amain effective for one year from the date of completion. • if you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 0 0_03 c -n • J n<^C^ 4-0 1 T^C` '.17`.J nu l c 1nQ4Jc ' c1JR I::!- . Cn c-nn,_c-^__S=eT 170'd -1ti10l Dec -31-03 01:18P city of Cape Canaver-al 321 868-1248 For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: D 0 P_04 to 'd QS6c G81 T= �-Iq':>iHN1H I q 'a "ingHS * qAa r1C .9n c [aca _cr_ i�rt Nov 12 03 01:09p COCOA BERCH-REALTY 321 784 4200 p,1 r Ila t1 �- I) CITY OF WE CANAVERAL APPLICATION FORAPPOINTMENT TO CITY ADMORY BOARD OR COMMITTEE Pusuant to Section 2-174, Cape Canaveral Cry City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person: from serving on a (:ity Board or Committee if that person has been convicted of a felony, unless their civil rights Lave been restored. Please complete the fallowing in the space provided: A. GENERAL 1, Applicant Na"- Lisa Moore 2. Homo Address: 8891 Lake = _ 3. Home Telephone: (32i} 783-ObfB 4. occupation: Realtor 5. Business Telephone: (321 ) 783-42C o 5_ BL;skwss Address: 120 CanaverE l Plaza, Cocoa Beach, FL 32931 B. ELIGIBILITY The information provided in this section is fir purposes of determining whether you are eligible to serve on a City advisory board or I-Mrnitt l -e. 1. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape ^anaveral for 12 months or longer'? 3a. Have you ever bean convicted or found guilty, regardless of 2ojudication, of a felony in any jurisdict;on? Any pica of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b, if yes to 3a, have your civil rights be(3n restored? 4a. Do you presently serve on any othef City of Cape Canaveral advisory board or commiltee^ 4b. if yes to 48, please M each: — (Y)x (N) — I lived in Cape Canaveral. from 8/2000-4/2002 and 3/2003 to presnt (Y) (N) Nov 12 03 01:09p COCOA BEACH REALTY 321 784 4200 5. City ordinance requires that all persons applying fora City adwsQty board or a mmittee must ,roluntarily consent to a standard cdrMnal background CheCK before being initials appointed to a board or committee. Do you voluntarily consent to having a siartdafd badkgmo,d check perfarrred ort you by the City of Cape (,waverai? Nov 12 03 01:10p COCOA BEACH REALTY 321 784 4200 p.3 D. STATE REPORTING REQUIREME Irs. Section 750.80, Florida SumAes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physic,A disabilities of board and aorninittee members_ Please check the appropriate boxes: - RACE. Afri.s B --_ _ --- Asian-Amafic2n !��.Male �...r. Hispaniu<Anwican Not Known Native American X Caucasian Not Known (MILLITY Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE MIFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION.. YOU HEREBY ACKNOWLEDGE THE E)USTENCE OF THE CODE OF ETHICS FOR PUBIJC OFFICERS [SECTIONS 112.311,326, FLORI©A STATUTES) AND THE FLORWA "SUNSHINE LAW" [SECTION 285.011, FLORIDA STATUTES], WHICH MAY PERTAIN TOO YOU IF YOU ARE APPOINTED TO A arY ADvi54RY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBL1GAWON AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: Indral appointrne nt to any City bospi is sAect to City Council approval ftp kNwng a brief interview before the City Cound at;a regularly sclxxiuled meelmg. Your appticMan will rerrialn effectm? Par one year from the date of completion. tf you should have any questions regarding the completion of this appheatian, Please cptt sct ttie City Clerk's Office at (3'21) 868-1221. Sigriat<tre: - Date: Please return to: City of Cape Canawral Uffrca of the City atok 105 Polk Avenue Cape Canaveral, Florida 32920 Date: March 8, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan Chapman, Secretary, Construction Board of Adjustment and Appeals Re: Request to Interview Prospective Board Member - Donald Dunn ------------------------------------------------------------------------------------------------------------ As you know, the Construction Board of Adjustments and Appeals only meets approximately every couple of years. The Board is in desperate need of additional members. There is currently only enough Board members to meet the quorum requirement. I would like to suggest that perhaps City Council interview Mr. Dunn to serve as a Board member on the Construction Board of Adjustment and Appeals. Thank you for your consideration. gU:-�?U�t� V d � 2 P0 AIR � Lu04 CITY OF CAPE CANAVERAL I. cl't'k's of �_,� APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR CO�+IMIT TEE Y�y Pursuant to Section 2471, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the failovring in the space provided: A. GENERAL 1. Applicant Name: D A L D � . - L 2. Home Address: __ 5702 �AtaiSCUS CC)(-) 3. Home Telephone: 3Z ! c?,y 5 4. 5. 6. B. Occupation: 1r i't iZ D '/�iGc h r lUo< > w c� i 1 m r I: 3 Business Telephone: Business Address: ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County?. 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of-adj"cation, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: (Y)�N) (Y) !-� (N) (Y)(N) t' M (N) 5. City ordinance requires that all persons applying for a Cit, advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or corrimittee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (`n � (N) 6a. Are you related to a City of Cape Canaveral Council � member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIE)CPERJENCE 1. Briefly state your interest in serving on a City advisory board or committee: 6 i /VV0LVCV In iJtfC i Ty tviir' t 2. Briefly state any prior experiences in serving on any govemmental board or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: 3 KG r'kF-i> FKamiNc rE3)Gk-,4L 1�.�i�r�cn�W��ri�/v��:���r�=r�i�r� EUa��'A�-<�✓„� -r 5 J 5 L$ -1-0 T'f-t L,ytj7 r - K L y 4. In numerical sequence (1 w most interested), please rank which advisory board or committee on which you wish to serve: Beautification Board Board of Adjustment' Business and Cultural Development Board Code Enforcement Board* Community Appearance Board* Consit'�uction Board of Adjustment and Appeals* Library Board Planning and Zoning Board* Recreation Board Other. *Members of these boards are required to complete and fire with itre Supervisor of Elections a Financia! Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while sh l a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statuses, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and Committee members. Please check the appropriate boxes: RACE GENDER African-American fatale Asian -American Female Hispanic-Amedcan Not Known Native American Caucasian DISABILITY Not Known Physicaliy disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please cQntact the City Clerk's Office ati (321) 868-1221. Signature: ffv" J Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 2, 2004 7:00 PM CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Building Official PRESENTATIONS: Student Art Show Awards MINUTES Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ms. Kim McIntire, Board Secretary and Ms. Beth Foy, Vice Chairperson of the Business and Cultural Development Board presented awards to the Student Art Show winners. Ms. McIntire acknowledged the event Corporate Sponsor, the Law Offices of Tony Hernandez, III. She also acknowledged Mr. Sharon Horton, Principal and Ms. Georgia Longo, Art Teacher at Cape View Elementary School and Mr. Tony Hines, Principal and Ms. Marlyn Foell, Art Teacher at Rockledge High School. Ms. McIntire announced James Joiner, as the Art Poster Contest winner and Marissa Kaczmarek for Best in Show. Ms. Foell accepted awards for James and Marissa, 12th Graders at Rockledge High School who were participating in a robotics competition. Ms. McIntire announced Douglas Brannan, Kindergarten Student at Cape View Elementary School, as the Sponsor's Choice Award winner. Ms. McIntire stated that Mr. Hernandez provided $1,000 donation as an award and a $500 EE U.S. Saving Bond. Ms. Georgia City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 2 of 9 Longo accepted for Kayla Dobie, 5th Grade who won a Best in Show award. Ms. Longo explained that Kayla's artwork reflected materials found in the Cape Canaveral area. Ms. McIntire also announced Best -in -Show awards to Magdalena Leibrant, 11th Grade at Cocoa Beach Sr. High and Alycia Pollock, 11th Grade at Merritt Island High School. In closing, Ms. McIntire said that this is the fifth year of the Student Art Show and she expressed the hope for a continued partnership between the schools and the Business and Cultural Development Board. She thanked all those who participated. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 17, 2004. Mayor Randels asked if any member of Council, staff or interested party desired to remove the Consent Agenda Item for discussion. No request was made to remove the item for discussion. A motion was made by Mr. Miller and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 1. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 2. Motion to Adopt: Ordinance No. 01-2004; Amending Chapter 82, Buildings and Building Regulations, Relating to the Permitting, Installation and Location of Temporary Storage Units, at second reading. Mayor Randels read Ordinance No. 01-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE PERMITTING, INSTALLATION AND LOCATION OF TEMPORARY STORAGE UNITS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels read the four whereas clauses that outlined the ordinance's purpose. Mayor Pro Tem Hoog emphasized the need for storage unit regulation as a public safety concern. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Ordinance No. 01-2004 at second reading. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 3 of 9 follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 3. Motion to Adopt: Ordinance No. 02-2004; Amending Chapter 110 Relating to the Sale of "Fireworks"; Providing for a Definition of "Fireworks"; Providing for the Fireworks Sales as Permitted Use within the Light Industrial (M-1) Zoning District, at second reading. Mayor Randels read Ordinance No. 02-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING FOR A DEFINITION OF "FIREWORKS"; PROVIDING FOR FIREWORKS SALES AS PERMITTED USE WITHIN THE LIGHT INDUSTRIAL (M-1) ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Mayor Randels stated that due to Brevard County's forthcoming ordinance regarding fireworks zoning, the City's intent is to define M-1 zoning as the district for permitted use of fireworks storage and sales. Mayor Randels read each whereas clause relating to the ordinance. Mr. Treverton clarified that currently there are no fireworks stores within City limits. He expressed that this ordinance duly provides an acceptable area in the Industrial zoning district for this use. Mr. Bob Carney asked if this would prohibit fireworks use on the beach. Mayor Randels replied that this ordinance would provide some restrictions, however the Florida Statutes provides for fireworks sales. Attorney Garganese stated that a discharge ordinance is forthcoming. Mr. Leo Nicholas stated that currently there is no place in the City zoned for fireworks sales and this ordinance allows for permitted use. Mayor Randels replied that retail fireworks sale is allowed in the City under general retail sales. Mr. Todd Peetz, City Planner, stated that fireworks sales could be applied for under commercial retail use in the C-1 zoning district. Mr. Nicholas addressed the need for a distance requirement for fireworks sales establishments. He requested an amendment to the ordinance. Attorney Garganese replied to Mr. Treverton that there would need to be a legitimate public purpose for a distance requirement. Attorney Garganese was advised to proceed with this ordinance and to have the Planning and Zoning Board work on the distance requirement issue. Mr. Boucher informed that the fireworks lobby has introduced legislation that would legalize consumer fireworks. He stated that part of the fireworks lobby is for a regulated zoning category and the City is progressing in that direction. The County is approaching the issue from a point-of-sale aspect. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Ordinance No. 02-2004 at second reading. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 4 of 9 follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 4. Motion to Approve: Ordinance No. 03-2004; Amending Chapter 94, Signs of the Code of Ordinances, at first reading. Mayor Randels read Ordinance No. 03-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 94, SIGNS OF THE CODE OF ORDINANCES; REVISING THE PURPOSE AND SCOPE OF THE CHAPTER; MODIFYING DEFINITIONS; PROVIDING FOR THE REGULATION OF TEMPORARY SIGNS; AMENDING THE SIGN APPLICATION AND PERMIT PROCEDURES; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels clarified that this ordinance addresses temporary on -premise signs and would not affect the size or location of existing signs. The amendments are mainly deletions to the current sign code. The Planning and Zoning Board reviewed and recommended the item at a meeting on January 28, 2004. The City Attorney submitted two letters dated August 20th and December 8th with explanation that the amendments would remove any discrimination among signs and define them as either permanent or temporary. Mr. Morgan expressed that the ordinance would affect the current and upcoming election. Mr. Treverton suggested following the City Attorney's advise and state an effective date. Mayor Pro Tem Hoog addressed the 60 -day time period. Attorney Garganese replied that there are two 60 -day time periods per year. Attorney Garganese stated that the ordinance applies to a property owner's display of a temporary freestanding sign within a 60 -day period, twice per year. The ordinance would regulate size, time and physical character of temporary on -premise signs. The current code is unconstitutional since political signs are regulated differently. This ordinance applies generally to all temporary on -premise signs. Mayor Pro Tem Hoog expressed concern with 30 -square feet of signage on a residential property. He replied to the City Attorney's question on acceptable signage size, that the five -square feet allowance in the existing code was reasonable. Mr. Treverton requested to have the Planning and Zoning Board provide rationale on the amount of allowable signage. Mayor Pro Tem Hoog also addressed the limited square foot space allowed to contractors for commercial construction signs. He stated that a contractor pays permit fees to the City and the City needs to reciprocate through the amount of signage allowed. Council requested that the Planning and Zoning Board consider an allowable amount of signage under Section B(1), new construction in commercial area. Discussion returned to the 60 -day time period. Mayor Pro Tem Hoog expressed his satisfaction with the 60 -day display requirement. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 5 of 9 Mr. Treverton addressed permits and asked the Building Official if forms were available. Attorney Garganese stated that the permit requirements apply to all sections of the sign code. Mr. Treverton stated that in Appendix B—Schedule of Fees requires $25.00. He questioned if the fee applies to each sign. Mr. Morgan replied that he did not see the need for a property owner in favor of a candidate to obtain a permit for a temporary sign. Attorney Garganese informed that when the political sign code was challenged, the reason was that these signs were handled differently. Permitting for temporary signs could be written into the code. Discussion followed on whether temporary on -premise signs needed permitting. Due to continued questions, Mayor Randels suggested that the Council review the ordinance and submit any amendments to the City Manager in order to provide direction to the Planning and Zoning Board. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve Ordinance No. 03-2004 at first reading. A motion was made by Mr. Treverton and seconded by Mr. Miller to Withdraw the Motion to Approve Ordinance No. 03-2004 at first reading. The vote on the Motion to Withdraw carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Ordinance No. 04-2004; Amending Chapter 10, Providing for a Definition of and Prohibiting the Commercial Use of Slot Machines or Devices, at first reading. Mayor Randels read Ordinance No. 04-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, ENTITLED "AMUSEMENTS AND ENTERTAINMENTS"; ESTABLISHING A NEW ARTICLE V, ENTITLED "SLOT MACHINES OR DEVICES"; PROVIDING FOR A DEFINITION OF AND PROHIBITING THE COMMERCIAL USE OF SLOT MACHINES OR DEVICES IN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. Mayor Randels clarified how adult arcade slot machines have been deemed exempt due to their description as games of skill under the Chuck E. Cheese exemption. Attorney Garganese stated that this exemption in the Florida Statutes allows for a certain number of machines within a gaming center wherein the player receives an award with value of no more than .75 cents. Under this exemption, adult arcade centers have since opened and provide coupons with redemptive value. This ordinance would prohibit a slot machine that is a game of chance in the City regardless of redemptive rewards. Senator Geller introduced a Senate bill that allowed coupon use if redeemed on the premises. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 6 of 9 Mayor Pro Tem Hoog said that if the State does not approve a ban the slot machines like those in question how can the cities? Attorney Garganese replied that State law bans slot machines but the gaming machines under discussion are promoted as games of skill. Mayor Pro Tem Hoog asked how the City would confront the challenge of a gaming machine being one of skill or chance? Mayor Randels stated that level of control over the game determines if it is a game of skill or chance and he stated further that the burden of proof rests with the applicant. Attorney Garganese stated for the record that several studies were included in the Agenda packet regarding the social and economic impact that these slot machines have on the communities where they are in use. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 04-2004 at first reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 6. Florida Power and Light Utility Pole Relocation Request. Mr. Morgan pointed out that every utility pole in the City is generally located on the dividing line between properties. The property under discussion is an exception in that the pole sets within the owner's property. Mr. Morgan said that the City should find a solution for Florida Power and Light [FPL] to move the pole to the dividing line. Mayor Pro Tem Hoog stated that he viewed the property and he also recognized the $6,400 cost factor since the pole is a primary feeder pole, but he too expressed the need of some resolution with FPL. Mr. Morgan said that the feeder pole encroaches into the property owner's space. Mr. Morgan replied to Mr. Treverton that the pole was installed first to provide power to the development. Mr. Boucher informed that Florida Power and Light's policy is to move the pole at the property owner's expense. Discussion followed on moving the pole location. Mr. Bob Carney replied to the Council that four feet of space is needed. Ms. Connie McKone stated that the townhome was purchased in 1987 before any other townhomes existed. She stated that she discovered that this problem does not exist in any other location in the City. The request is made in order to increase the driveway width due to limited parking. Ms. McKone expressed the situation as a hardship since no other property owner in Cape Canaveral has this condition. Council discussed relocating the feeder pole. Council directed the City Manager to discover why the feeder pole was placed within the property boundary. 7. Mixed Use, Commercial/ Residential Concept, Martin Greene. Mr. Martin Greene addressed the Council and said that he has been a resident of Cocoa Beach for 14 years, a real estate broker for 40 years, an international property developer and Cape Canaveral property owner. Over the last several years Florida has applied City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 7 of 9 themed development and Palm Beach has turned such a development into an area called CitiPlace. Mr. Greene said that he acquired the draft ordinance that established CitiPlace, which he included in the Agenda packet. Mr. Greene stated that the proposed property is approximately 12 -acres on the water within existing commercial and R-3 zoning. He is looking for specific retail establishments to create a themed community. Mr. Greene stated that he is coming before the Council to establish whether he could proceed to discuss the development of an ordinance with staff. Mr. Morgan asked if his concept is in the form of a PUD with mixed -type use. Mr. Greene replied that the ordinance should establish the size of the development. He expressed the desire to promote the best and highest use of the property. Mr. Morgan noted the City's density and height regulations. Mr. Greene affirmed that he could work within those requirements. Mr. Treverton expressed that the Community Appearance Board had discussed themed development. He stated that he was amenable to discussion. Mayor Pro Tem Hoog informed that he saw a mixed-use development in Lake Mary and found it favorable. Mayor Pro Tem Hoog brought out height limitations when addressing the residential portion. Mr. Morgan pointed out the need to consider adjacent properties. Mr. Miller expressed his overall favor with the concept. Mayor Randels expressed his support and noted that the National Cities Weekly published that themed development is an increasing trend. Council by majority expressed favor for Mr. Greene to proceed with discussing his concept plans with staff. REPORTS: 1. City Manager • Mr. Boucher reported that he met with representatives of the United Way who would like to start a Citizens' Academy. The Academy would provide a class on Brevard County government and services and that of Cape Canaveral as well. The class would be held at the Cape Canaveral Library during the third week in April. The United Way would notify the public. 2. Staff Building Official • No report. City Clerk • No report. City Attorney Attorney Garganese reported on a possible zoning map error in the Holman Road area. Staff is investigating the matter and action is forthcoming since the developer has an application pending. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 8 of 9 AUDIENCE TO BE HEARD: • Mr. Jim Venable, of Holman Road, stated that there is question over the demarcation between the C-1 and R-1 zoning on his application. Mr. Venable said that he purchased the property based on validation by a City official. Mr. Boucher stated that he would address the error that is based on a map dated 24 years ago. Ms. Connie McKone, Board of Adjustment member, informed that the Board has been asking for direction for some time. Mr. Earl McMillan drafted a three to four-page letter requesting information on the impact of concurrency, growth, and utilities in the City. Ms. McKone requested direction from the Council due to a rising need to address these issues. Mr. Morgan stated that there are seven concurrency points that each new project must meet; if not met, a permit is not issued. Mayor Randels summarized that each developer goes through the City's requirements relating to construction. Mr. Boucher would place an item on the next Board of Adjustment agenda for the Board Official to review how the City measures the impact of growth. Mr. Peetz stated that the reports provided to the Board have the concurrency reporting information included in them. Council members stated that the Building Official and the City Planner would provide the requested direction. 3. City Council Mr. Miller No report. Mr. Morgan • No report. Mr. Treverton No report. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog reported that he attended a seminar in Lake Mary relating to the upcoming Tallahassee legislative session. Mayor Randels • Mayor Randels recognized a thank you from the Public Works employees for training opportunities. • Mayor Randels reported on visit from Congressman Tom Feeney regarding beach funding. • Mayor Randels reported that Forever Florida has $66 million available in funding and encouraged the Council to envision possible projects. City of Cape Canaveral, Florida City Council Regular Meeting March 2, 2004 Page 9 of 9 ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK WHEREAS, by 1776, nearly 300,000 natives of Ireland had emigrated to the colonies that would become the United States; and WHEREAS, following the victory at Yorktown over the English, a French Major General reported that the Congress owed its existence, and America possibly owed its preservation to the fidelity of the Irish; and WHEREAS, at lease 8 signers of the Declaration of Independence were of Irish origin; and WHEREAS, 18 Presidents have proudly proclaimed their Irish -American heritage; and WHEREAS, in 1892, Irish born James Hoban, and Irish immigrants, assisted in the construction of the United Stated Capital; and WHEREAS, on June 14, 1794, Irish born John Barry was the first naval hero of the American Revolution and became Commander -in -Chief of the United States Navy; and WHEREAS, Captain John Barry fought the last sea battle of the Revolutionary War off the coast of Florida and saved the United States Treasury; and WHEREAS, in 1782, Commodore Oliver Perry, an Irish .American, achieved his major naval victory in the Battle of Lake Erie; and WHEREAS, in 1943, the Sullivan brothers made the ultimate sacrifice for democracy and freedom in the world and later had the Destroyer USS Sullivan commissioned in their memory; and WHEREAS, Governors and mayors of over 37 states and cities have or will designate March of this year as "Irish -American Heritage Month"; and WHEREAS, Irish -Americans have provided leadership in the Political, Business, and Religious areas of this country since its inception; and NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim the month of March 2004, as IRISH AMERICANHERITAGE MONTH In the City of Cape Canaveral and do hereby encourage our citizens to observe the month by participating in appropriate ceremonies and activities. OFFICE OF: PRESIDEE T Division 2 Brevard Cou nava. C'AQe C'Pa. ��vaa1, rLcA"A Your donor, INCORPORATED Organized in New York City, May 4, 1836 EDWARD FELLY 1236 Silver Lake Dr. I,relbourne, F1 32540-10,50 321-259-9820 20 January 2004 A G -c --,,j i:>q (o ,v,- w►AKC 4 64 - IN AMERICA Once again, the Erevard County Irish-hrnerican Community celebrates its heritage. Ever since its start under the leader- ship of the first exective officer, Irish -American Andrew Jackson, Irish -Americans of Florida have provided leadership to their communities. ','de continue to be very proud of the current local leaders who are members of the :;tate, County and. Town/City governments. In the past, the month of rfisrch, St Patricks day month, has been designated, "Irish -American heritage llionth". The Ancient Order of Fibernians will be -involved in -the annual St Patricl�s Day Parade in i�.elbourne . The parade will be on 13 h'.arch 2004 at 2:00P111. 'Ale invite all Brevard County citizens to come out Lnd enjoy the parade. V,e would also rec;uest ,your office. ir.sue a Proclamation pro- claiming li,arch as, 111rish-1.merican l eritage I,.onth", in support of this celebration of the contributions of the Irish-iimericans over the years. Vre have provided a few suggested for ,your review and possible use. t,e would like to thank rel,uest and are o eful for EL',tihL r:ELLY President Livision 2, hrevard County, you for your h-i_nd consideraticri of this your approval. '1 1236 Silver Lake Drive ''Ls_ r•1 I,.elbourne, r'1 32-/40-10,50 r �`L oi2'S'^'� TO 321-259-9820 "Ireland thiftc e Shall Nc rer Bt,.4t Pearn, PROCLAALMON WHEREAS, by 1776, nearly J00,000 natives of Ireland had emigrated to the colonies that would become the United States; and WHEREAS, following the victory at Yorktown over the English, a French alajor General reported that the Congress owed its existence, and America possibly owed its preservation to the fidelity of the Irish; and TVFIEREAS, at least 8 signers of the Declaration of'Independence were of Irish origin; and WHEREAS, 18 Presidents have proudly proclaimed their Irish -American heritage; and WHEREAS, in 1892, Irish born James Hoban and Irish immigrants assisted in the construction of the United States Capitol; and WHEREAS, on 14 June 1794, Irish born John Barry was the first naval hero of the American Revolution and became Commander -in -Chief of the United States Navy; and IVHEREAS, Captain John Barryfought the last sea battle of the Revolutionary War off the coast of Florida and saved the United States Treasury; and WHEREAS, in 1782, Commodore Oliver Perry, an Irish -American achieved his major naval victory in the Battle of Lake Erie; and TVHEREAS, in 1943, the Sullivan brothers made the ultimate sacrifice for democracy and freedom in the world and later had the Destroyer USS Sullivan commissioned in their memory; and WHEREAS, Governors and ,Mayors of over 37 states and cities have or will designate iLlarch of this year as "Irish -American Heritage Month"; and WHEREAS, Irish -Americans have provided leadership in the Political, Business, and Religious areas of this country since its inception; and WHEREAS, the Ancient Order of Hibernian, a National, State, and County organization was established to enhance Irish -American heritage and is comprised of over 200 members throughout Florida and this community; and WHEREAS, Irish -Americans continue to provide leadership in this State, County, and Community in political, business, and arts areas of our daily life. Meeting Type: Regular Meeting Date 03-16-04 AGENDA Heading Considerations Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPROVAL OF THE ANNUAL AUDIT FOR THE YEAR ENDING 09-30-03 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider approval of the annual audit for the year ending 09-30-03 as presented by the audit firm of Bray, Beck & Koetter. Summary Explanation & Background: The annual independent audit is required by State law and the city has a clean audit report with no material findings. I want to thank the city treasurer and her staff for another great year in managing our city's finances. I recommend approval. Exhibits Attached: Audit report to be distributed City Man s ice f Department ADMINISTRATION/FINANCE CL,ape-_ ydocum nts\admi o ci1\meeting\2003\03-16-04\audit doc Meeting Type: Regular Meeting Date 03-16-04 AGENDA Heading Considerations Item 4 No. quotes; worksheet attached. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: EMERGENCY REPAIR OF A SANITARY SEWER MAIN DEPT./DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider approval of the request for an emergency repair of a 16" gravity sanitary sewer main to Atlantic Development of Cocoa, Inc. in the amount of $84,500 as recommended by the public works director. Summary Explanation & Background: See attached memo. The public works director cannot afford the time to go to open market bids on this project. He did solicit (3) quotes; worksheet attached. I recommend approval. Exhibits Attached: Public works director's memo of 03-08-04 Ci�Mas I Mee Department PUBLIC WORKS/WWTP cape- mydo um II s\a ouncil\meeting\2004\03-16-04\sewer 6=0 MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 8, 2004 SUBJECT: City Council Agenda Item March 16th 2004 Emergency Repair to Sewer Line Friday November 14, 2003 the City of Cape Canaveral experienced a major sewer line break. The 16 -inch sanitary sewer gravity main that is located between Atlantic Ave and the Canal had collapsed. This sewer main is the main trunk line that services about one -quarters of the City's north-east collection area. This project was beyond the scope of the City's maintenance crew. Due to the type of emergency, Atlantic Development of Cocoa, Inc. was available to provide emergency mobilization. The Contractor has completed the repairs in the amount of $13,180. City Council approved the expenditure as an agenda item on January 6th 2004. SSA has completed the engineering design drawings to replace the failing sewer line as authorized by City Council December 16th 2003 in the amount not to exceed $7,000. Due to the urgency of the repair, the Public Works Director received three written quotes and recommends awarding the contract to the lowest quote and waiving the bidding process. Attached is the quote -summary form. As noted, Atlantic Development had the lowest price in the amount of $84,500. Funds are available within the Enterprise Fund. Recommend the approval of the emergency repairs by Atlantic Development of Cocoa, in the amount of $84,500. Attachment CC: File C -RAC 1 i IN ?f { h f AN. `sem IM Y• _ - ., f/ 4. ,r: i r�'L rl.. , —1 -r ani ' i .: 7> s.J fi '����•�- J f i #r c W � ix� � 1- s •s- i „{' '•-'-j � °'� �� - f �;� J -..:� .,tom, � f' �i�Va.s fi 7 Ys 's � �$�,A qwS�wlT4ai .• � :.; c ` � ; ,., i +�' w -.}� �' � � ,�„�i�,�r ¢' �.. +;r .y�., `:.�-;,, a• � • ,s' + 3'`- iY'f _'� Irl` �3' � � s1 � �-, .. §; w $ � �� x 1 �i�� a•r ru a '' ,+ .,c`” _ a. *� S � � 3 ��� r 's� �4rrr m �.�, • s" �. 1;�t 3 t Y}a :y s.� � '��i � �,,� � r� �� r X•x � ,� rg+,� na yS•��r' 7;�' a'�._.�3 (.�'F °?(?' � is e., v� '�:�sx `t i , yr s- S r' �ayr.� T S t: - 4 a City of Cape Canaveral ....... ....... ........ .y Streets City of Cape Canaveral, Florida City Council Regular Meeting December 16, 2003 Page 6 of 7 • Mr. Boucher also informed that he would be away for the holidays from December 19"' through January 5h and the City Clerk would be in charge during his absence. He wished everyone a happy holiday. 2. Staff .�.� Mr. Gardulski • Mr. Gardulski reported on a corroded pipe servicing the northeast end of the City. He stated that that a pipe collapsed and expressed that repair is critical. Mr. Gardulski replied to Mayor Randels that Cape Caribe was included in that service area. He requested to have Stottler, Stagg and Associates review and devise a plan proposal for repair. Mr. Morgan inquired about the law of prescriptive easements. Attorney Garganese replied that a prescriptive easement could be applied however stringent requirements must be met. Mr. Gardulski requested authorization for a purchase order and subsequent to documentation, he would return to the Council with three quotes and a recommendation to award one of the quotes and waive the bidding process due to the emergency. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Authorize Stottler, Stagg and Associates to perform Emergency Design Services for the Design of a Gravity Sewer Line in an Amount not to Exceed $7,000. The vote on the motion carried 4-0 with voting as follows: Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City Clerk • No report. City Attorney • Attorney Garganese distributed information regarding Adult Arcades. He explained that the Adult Arcades contain games of chance with redeemable tickets. He recommended that the Planning and Zoning Board review the issue in order to establish Land Use regulations. He stated that games of chance are illegal under gambling laws of the State of Florida and an applicant would need to demonstrate that the machine is a game of skill. The Council agreed to have the Planning and Zoning Board review the Adult Arcade amusement center slot machines for use in Cape Canaveral. AUDIENCE TO BE HEARD: The audience had no comment. 3. City Council Mr. Miller No report. Happy Holidays to all. Mr. Morgan • No report. Happy Holidays to all. CITY OF CAPE CANAVERAL QUOTE FORM DATE: .�?, • 5--6 -4 ITEM: COMPANY NAME: i AMOUNT or FINAL DECISION ON QUOTE: PURCHASE ORDER NO.: COMMENTS: PURCHASING AGENT ATLANTIC DEVELOPMENT OF COCOA, INC 2186 west King Street, Cocoa, FL. 32926 PH: 321-639-8788 FAX: 321-639-0936 Fax Transmission Cover Sheet Attut Waiter Bandish bate: 03/05/04 Phone##: (321) 868-1240 Fax#: (321) 868-1233 Company: City of Cape Canaveral — Waste Water From: James Moore Reference: 16" Sewer Main Reulacement at Rinker Materials fort Canaveral Total Number of Pages including cover:., . 3 Message: Here is the unote you requested conceraing the above referenced project. ATLANTIC DEVELOPMENT OF COCOA, INC 2185 West King Street, Cocoa, FL 3.2926 (3.21) 639-8788 office (321) 639-4936 fax Friday, March 05, 2004 City of Cape Canaveral Waste Water ATTw1: %lter Bandish RE:- 16" Sewer Main Replacement at Rinker Materials Port Canaveral Dear Mr. Bandish: We are pleased to provide a quote to furnish all materials, labor, equipment and supervision to complete the items listed below per our conversation. 1) Mobilization, ConisLruction lay -out, As -built, Testing 2) Sewer: 16" PVC C-900 0-6' cut 620 L/F c, 45.00,11f 4' diameter manhole 1 each @ $2,200.00/ca 5' diameter manhole 2 each @ $2,800.00/ea T.V. Sewer Main Dewater By Pass Pump 6" 3) Demolition: Remove and Dispose 615 L/F 16" Sewer Remove and Dispose 3 existing manholes Clear Sewer .Easement 4) Demuck 1,000 CN @ $5.00/cy 5) Import Fill 1,0W UY @ $6.50/cy $11,500.00 $27,900.06 $ 2,200.00 $ 5,600.00 $ 2,200.00 $ 6,200.00 $ 2,500.00 $ 4,300.00 $ 600.00 $10,000.00 $ 5,000.00 $ 6,500.00 LOTS T $84,500A00 Demuck is based on 6'x6' x700' area Import fill is based on unsuitable material viewed on site and is approximate. Actual yardage will be calculated on truck tickets. If we can be of any assistance or should you have any questions please contact or office at your convenience. Sincerely, amen Moore ice President Meeting Type: Regular Meeting Date 03-16-04 AGENDA Heading Considerations Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FROM J&S CURB/CONCRETE, INC. TO CONSTRUCT A SIDEWALK ON WASHINGTON AVENUE DEPT./DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the proposal from J&S Curb/Concrete, Inc. in the amount of $8,342 to construct 430' of 4' wide sidewalk on the south side of Washington Avenue as recommended by the public works director. Summary Explanation & Background: See attached memo. I recommend approval of this budgeted item. Exhibits Attached: Public works director's memo of 03-08-04 City Manger' Office Department PUBLIC WORKS/STREETS \mya cumeq nL�in\councit\meeting\2004\03-16-04\j&s.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 8, 2004 SUBJECT: City Council Agenda Item for March 16, 2004 Washington Ave Sidewalk Construction, J & S Curb On August 7 ", 2001 City Council awarded the Bid 01-04 to the J&S Curb as the City of Cape Canaveral annual concrete contractor. City Council had requested that sidewalk improvement be made along Washington Avenue to the elementary school. The work will require 845 linear feet of 4 -foot wide sidewalk along the south right-of-way line of the street. The total cost for this construction will be $16,393. Part of this project consists of property that is undeveloped, hence City Ordinance 08- 2003 requires "Notice" to the property owner to recover City of Cape Canaveral cost. The 100 block of Washington Avenue consist of 415 linear feet of sidewalk at a cost of $8,051. Therefore, recommend that the project be reduced by this amount until a latter date. The project is within the scope of the City's Prime Path goal established in 1994. Attached is a copy of the City's Prime Path sidewalk plans. Capital Funds have been budgeted. The City received a written quote from J&S Curb in the amount of $16,393 and $8,342. This price is about $18.72 per linear foot for 4 -foot sidewalk ($4.85 per sq. ft.). J&S Curb has performed work for the City of Cape Canaveral. For example, this company did a great job on the Circle K & Oak Lane beautification project and constructed sidewalk along the north side of Washington Avenue. Recommend the construction of the Washington Avenue sidewalk project by J&S Curb for the amount of $8,342, and waive the City's building permit fee. Attachments cc: File Feb 25 04 11:19a Kristen Leavitt 321-634-5744 P.1 1 a S Curb/COKrBte lae. 1707 Elm St. Suite D Estimate Rockledge, FL 32955 DATE ESTIMATE NO. 321-632-5333 ( Phone) ------ 321-634-5744 ( Fax) g/2412004 180 NAMEIADDRESS — -- -- -- -- City of Ca -- -- -- - PROJECT Cape Canaveral - --- - -- --- . -- . Ed Gardulski Washington St - Sidewalk 868-1240 --- -- — 799-4980 DESCRIPTION UNIT F �K;�j QTY TOTAL - Grade, Form, & Poar 5* Sidewalk 4.85 3,750 18,8750 Price based on fiat in sstrement i i I i OP;,��,; 6j F) (off j I - - TOTAL X$18 .5 SIGNATURE q y of Cape —i PRIME !::Tal L Ni� j-tlfi- � t tCAWJUW- - ar am Maar �" 4+ wwi�1 QIyuN � � AAy-'-M NORTH-SOOMt SR Alk _ SR 'Ol- CIS" s -.- ORALE ALOE --� -- ROSALIND AYEXUE RIDGEWOOD AVRNM• � l- EAST- WEST - - -- CENUAL BOULEVARD' WASHINGTON AVENUE - M0090E AVENDE --- - -- POTK AVENGE- - - BUCHANAN AVENUE -- 91, Streets N Meeting Type: Regular Meeting Date 03-16-04 AGENDA Heading Ordinances -2"d Reading Item 6 No. This proposed ordinance defines slot machine or device and casino -type slot machines. It prohibits slot machines or AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 04-2004, AMENDING DEFINITION OF AND PROHIBITING MACHINES OR DEVICES DEPT./DIVISION: ADMINISTRATION CHAPTER 10, PROVIDING FOR A THE COMMERCIAL USE OF SLOT Requested Action: City Council consider approval of Ordinance No. 04-2004, amending Chapter 10, Amusements and Entertainments, establishing a new Article V, entitled "Slot Machines or Devices", providing for a definition of and prohibiting the commercial use of slot machines or devices in the City of Cape Canaveral, as recommended by the Planning & Zoning Board. Summary Explanation & Background: This proposed ordinance defines slot machine or device and casino -type slot machines. It prohibits slot machines or devices and exempts certain vending and coin operated devices. Exhibits Attached: P&Z Board memo of 02-12-04; Ordinance No. 04-2004; City Attorney's memo City Managers Office - Department ADMINISTRATION - 4 cape -n mydo unents\a ouncil\meedif4N2004\03-16-04\04-2004.doc ' City of Cape Canaveral CITY OF CAPE CANAVERAL February 12, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Regulating Adult Arcade Amusement Centers ------------------------------------ ------------------------------------------- The Planning & Zoning Board reviewed a draft ordinance regarding regulating adult arcade amusement centers at the meeting held on February 11, 2004. City Attorney Garganese gave an overview of the proposed ordinance. Following discussion, the Board unanimously recommended approval to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 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 ORDINANCE NO. 04-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, ENTITLED "AMUSEMENTS AND ENTERTAINMENTS"; ESTABLISHING A NEW ARTICLE V, ENTITLED "SLOT MACHINES OR DEVICES"; PROVIDING FOR A DEFINITION OF AND PROHIBITING THE COMMERCIAL USE OF SLOT MACHINES OR DEVICES IN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS Section 849.15, Florida Statutes, prohibits businesses from permitting the operation of or using or keeping slot machines or devices; and WHEREAS, Section 849.16(1), Florida Statutes, defines slot machines as any machine or device used in such a way that as a result of the insertion of money or other objects, the machine is caused to be operated, and if the user by reason of any element of chance or other outcome unpredictable by the player may be entitled to a prize or replay; and WHEREAS, Section 849.161, Florida Statutes, provides a limited exemption for amusement games or devices, which are operated within a bona -fide arcade or amusement center, with fifty (50) or more machines or devices and which strictly through the application of skill a player may become entitled to receive points or coupons which may be exchanged for merchandise, excluding cash and alcoholic beverages; and WHEREAS, businesses known as "Adult Arcades" or "Adult Arcade Amusement Centers" have begun to operate within cities and counties across Florida providing casino -type gaming, which significantly and adversely affects the public health, safety, morals and welfare of the citizens, residents and tourists of those areas; and WHEREAS, despite the fact that these businesses use slot machines, these businesses are attempting to use the state law exemption, commonly referred to as the "Chuck E' Cheese" exemption, found in Section 849.161, Florida Statutes, in order to operate their businesses; and WHEREAS, it has been determined by the Florida courts that machines or devices that are determined to have an inherent element of chance are not exempt under Chapter 849, Florida Statutes. Deeb v. Stoutamire, 531 So. 2d 873 (Fla. 1951); In Re Forfeiture offorty-Seven Video Games v. Hunter, 799 So. 2d 221 (Fla. 2nd DCA, 200 1) (Based upon the testimony of the owner/operator of an adult arcade City of Cape Canaveral Ordinance No. 04-2004 1 of 4 amusement center the court found that there was an inherent element of chance in the forfeited slot machines, as the player could win, without any application of skill, purely in proportion of the natural odds, i.e., there was a 1 in 26 chance that the spinning reels would stop on the proper icon, should the player randomly press the stop button.); and WHEREAS, the State of Florida has prohibited all forms of gambling, including the operation of any kind of slot machines, and gambling is punishable as a misdemeanor under the State statutes; and WHEREAS, the City Council finds that slot machines or devices can lead to gambling addictions, along with the secondary consequences that such additions impose upon the community, including increases in crime, debt, suicide and other negative effects on the health, safety and welfare of the residents and visitors of the areas where these devices exist; and WHEREAS, the City of Cape Canaveral has the duty and authority, through its police powers, to ensure appropriate regulation, licensing and permitting of businesses, as such are vital to the public's health, safety and welfare as deficient or inadequate regulations can lead to public harm; and WHEREAS, the State of Florida has prohibited all forms of gambling, including the operation of any kind of slot machines, and gambling is a misdemeanor under the statutes; and WHEREAS, stricter local regulation of these gaming or slot machines is permissible provided such regulations are not in conflict with the State laws; and WHEREAS, this Ordinance is intended to provide stricter regulations of gaming or slot machines than those provided by Chapter 849, Florida Statutes, and to prohibit all commercial casino -type slot machines as defined herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be necessary and in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 10, entitled "Amusements and Entertainments," of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeent type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 10. It is intended that the text in Chapter 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 04-2004 2 of 4 CHAPTER 10 — AMUSEMENTS AND ENTERTAINMENTS ARTICLE V. SLOT MACHINES OR DEVICES Sec. 10-200. Purpose and Intent. The purpose and intent of this article is to regulate and prohibit, within the City of Cape Canaveral, Florida, slot machines or devices and casino -type slot machines as defined in Section 10-201 of this article or as prohibited by Chapter 849, Florida Statutes. Sec. 10-201. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Slot machine or device shall mean an amusement machine, device, game or instrument operated by means of the insertion of a coin, bill, currency, credit card, debit card, ticket, token or slug, for use as a game, contest of skill or amusement of any description, which device, machine, game or instrument is similar to, or in the nature of a casino -type slot machine Casino -type slot machine shall mean a machine, device, game or instrument which is prohibited by Section 849.16, Florida Statutes, and which, by means of skill or chance, or both, has as its object the lining up of two or more colors, lights, or spinning objects, or any combination thereof. Sec. 10-202. Slot machine or device prohibited. Caj It shall be unlawful to have, own, operate, use or allow another to have, own operate or use a slot machine or device in the City of Cape Canaveral, and slot machines or devices are hereby prohibited in the Cit of f Cape Canaveral. No occupational licenses shall be issued by the city for any business, enterprise, or organization that proposes to operate a slot machine or device in the City and no occupational license shall be issued by the City for a slot machine or device. Sec. 10-203. Exemption. This article is not intended to and specifically does not re ug_ late: Lal merchandise vending machines; coin-operated mechanical or electrical musical instruments or devices; (c) coin-operated amusement devices that are not in the nature of, or similar to, casino -type slot machines; or (d) coin-operated amusement devices that may be in the nature of or similar to casino -type slot machines or devices, which are not used for commercial or betting purposes but kept only for purposes of display. City of Cape Canaveral Ordinance No. 04-2004 3 of 4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2004. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Steve Miller SUSAN STILLS, City Clerk Jim Morgan Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 04-2004 4 of 4 View Legal Ad# 376942 Print Window Close Window AD#376942-3/6/2004 ❑ NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will holt a Public Hearing for the purpose of adopting Ordinance No. 04-2004 in the City Halt Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, March 16, 2004. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday- Friday. ORDINANCE NO. 04-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 10 OF THE CITY CODE, ENTITLED "AMUSEMENTS AND ENTERTAINMENTS"; ESTABLISHING A NEW ARTICLE V, ENTITLED "SLOT MACHINES OR DEVICES' PROVIDING FOR A DEFINITION OF AND PROHIBITING THE COMMERCIAL USE OF SLOT MACHINES OR DEVICES IN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, 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 might 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. Susan Stills, CMC City Clerk AD*: 376942 Publication: Florida Today First Published: 03-06-2004 Page I of I http://www,flatoday.net/legals/display.htm?CMD=DISPLAY&Id=12530 03/09/2004 Casino Watch -Florida Casinos Report CAST W.ATCH tome Economic and Social Costs of Gambling [lack to preN ious page Home Casinos in Florida An analysis of the Economic and Social Impacts Prepared by: The Executive Office of the Governor Office of Planning and Budgeting The Capitol Tallahassee, FL 32399-0001 EXECUTIVE SUMMARY 3. Recurring sales tax revenues would experience a net decrease of at least $84.7 million as Floridians diverted some of their existing taxable spending to casinos. 4. Crime and social costs attributable to casinos would total at least $2.16 billion annually. PROBLEM GAMBLING AND RELATED CRIMES According to psychiatrist Richard J. Rosenthal, most gambling addicts "are seeking 'action', an aroused, euphoric state comparable to a 'high' derived from cocaine and other drugs" (Worsnop, page 250). Counselors Arnie and Sheila Wexler of New Jersey state "most dual -addicted cocaine addict(compulsive gamblers will tell you gamblling gives them a bigger high. Some drug addicts, who are also gambling addicts, will sell their drugs for gambling money." (Worsnop, page 250). Several studies have been conducted in an attempt to quantify the costs of problem gambling behaviors. In 1994, Rachel Volberg reported that the average individual pathological gambler cost the public $13,600 each year (in 1981 dollars). This includes income that would have been earned for those who lost their jobs, costs of prosecuting and incarcerating individuals for crimes caused by their gambliing behavior, and bailout costs, such as family gifts. Other problems include lost job productivity, impaired judgment at work, lost productivity of spouses, divorces, unemployment compensation, depression, physical illness related to stress, and suicide. A Marylalnd Department of Health and Mental Hygiene task force determined that its 52,000 adult gambling addicts cost citizens $1.5 billion in lost work productivity, monies stolen and embezzled, bad checks and unpaid taxes (Worsnop, 1990, page 644). The cost per individual compulsive gambler exceeds $28,846 and significantly increases when related costs for social services, health care, bankruptcies, legal and correctional fees are considered. The American Insurance Institute estimates that 40 percent of all white collar crime has its roots in both legal and illegal gambling. Problem gamblers are responsible for an estimated $1.3 billion worth of insurance -related fraud per year. Insurance companies paid fraud victims an average of $65,000 (Lesieur, page 45). The mean gambling debt of people in compulsive gambling therapy ranged from $53,000 to Page 1 of 3 Casino Watch -Florida Casinos Report $92,000, not including debts paid. As many as 10 to 17 people may be innocent victims of each compulsvie gambler (Lesieur, 1984), including spouses, children, parents, other relatives, employers, co-workers and friends. Two out of three compulsive gamblers will commit illegal activities in order to pay gambling related debts and to continue gambling. One out of every four problem gamblers have been involved in an auto accident during the worst of their gambling. Almost half of those surveyed were speeding on their way to gamble or on the drive back (Florida Council on Compulsive Gambling). New Jersey residents also report that 28 percent know of someone who gambles too much (Gallup, page 4). Poor and working people spend a disproportionate share of their incomes on gambling (Goodman, page 8). As a result, state gambling revenues come disproportionately from lower income residents, causing a regressive form of taxation. Problem gambling behaviors are highest among the poor and minorities (Goodman, page 17). YOUTH A 1985 random sample of 332 students at an Atlantic City high school found that 64 percent of the students had gambled illegally at local casinos. Over 40 percent had gambled in casinos before the age of 14. COST OF PROBLEM GAMBLING BEHAVIORS IN FLORIDA 1. As noted by Lesieur, two out of three problem gamblers will commit a crime in order to support illegal gambling activities. This means that 266,667 individuals in Florida will commit crimes such as burglary, larceny, theft, forgery or fraud. While not all of the individuals will be convicted, they will likely continue to commit crimes. Some will be convicted more than once. 2. The average sentence length of a person convicted of burglary in Florida is 5.7 years; theft, forgery and fraud 4.2 years; and robbery 8.8 years. First time offenders and non-violent offenders will likely serve probation or community control rather than prison time. 3. Of these categories, 41.3% will likely be convicted of burglary; 36.8% for theft, forgery or fraud; and 21.9% for robbery based on current incarceration rates. Not counting costs of prosecution, restitution or other related costs, incarceration and supervision costs alone for problem gambler criminal incidents could cost Florida residents $6.08 billion. Florida's problem gamblers related to casinos would require $1.66 billion in prison construction costs. Deducting these positive social effects from the estimated social costs results in a high, medium and low estimate of $3.25 billion, $2.65 billion, and $2.16 billion in net social costs, respectively. OTHER CRIME While many believe that legalizing gambling activities will decrease illegal gambling, an examination of dollars gambled does not support this belief. Dr. Vicki Abt, a sociologist at Pennsylvania State University, says legalization "has not decreased the dollar amount of illegal gambling; what is has done is decrease (illegal gambling) relative to legal gambling. Whereas 75 percent or so was wagered illegally before the 1960s, now about 75 percent is wagered legally. But the total amount went up in the meantime." (Worsnop, page 643). ATLANTIC CITY Page 2 of 3 Casino Watch -Florida Casinos Report Page 3 of 3 In just three years following the opening of its first casino, Atlantic City went from 50th in the nation in per capita crime to first (Goodman, page 58). Crime spilled over into neighboring communities that received no measurable economic benefits from casinos. Atlantic City's crime rate rose 230 percent during the first three years of casino operations, over 25 times the growth rate of 9 percent for the rest of the state (FDLE, 1994, page 3). It should be noted that Atlantic City's population decreased by 20 percent during the same time period. Florida's crime rate rose by 30 percent during these same years. NEW ORLEANS New Orleans estimates that crime -related costs will be just under $5 million for a single casino. Widespread gambling could add an additional 10,000 new crimes at a cost to the city of an additional $14.1 million. COLORADO Central City, Colorado has increased its police force from two full-time and one part-time officer to 16 full-time officers in 1994 (Worsnop, page 256) to keep pace with its "skyrocketing incidents" of disorderly conduct, assaults and DUls. CONCLUSION Since state tax revenues (adjusted for pari-mutuel and Lottery revenue losses) are estimated to range between $155 million and $276 million while annual crime and social costs are estimated at a minimum of $2.16 million annually (and up to $3.8 billion), it appears that casino costs significantly outweigh the benefits of legalization. According to University of Nevada professor of Public Administration William Thompson, casinos generate significant new tax revenues "only if they can export their product. The local economy doesnOt benefit if only local people are gambling." Back to preN ious page I ome frontline: easy money: Business -Economic Impacts of Licensed Casino Gambling in Wes �k Page 1 of 8 M I T� FAM . TAT$ An excerpt from: The Business -Economic Impacts of Licensed Casino Gambling in West Virginia: Short -Term Gain but Long -Term Pain By John Warren Kindt John Warren Kindt is a professor at the University of Illinois at Urbana -Champaign. A faculty member since 1978, he teaches courses in commerce and legal policy. The text and footnotes have been updated from the original publication in The National Impact of Casino Gambling Proliferation: Hearing Before the House Committee on Small Business, 103rd. Congress, 2nd. Session 77 (1994). Due to the format of this publication, substantial footnotes have been deleted, The Economic Development Argument Exposed From a business -economic perspective, the main issue involved in legalizing various forms of gambling is whether gambling activities constitute a valid strategy for economic development. While the dollars invested in various legalized gambling projects and the jobs initially created are evident, the industry has been criticized for inflating the positive economic impacts and trivializing or ignoring the negative impacts (Goodman 1994). The industry's tendency to focus on specialized factors provides a distorted view of the localized economic positives, while ignoring the strategic business -economic costs to the state as a whole (such as West Virginia) and to different regions of the United States (California Governor's Office 1992, Kindt 1995). In 1994, all of the various experts who testified before the U.S. House of Representatives Committee on Small Business criticized the impacts that casino -style gambling activities inflict upon the criminal justice system, the social welfare, system, small businesses, and the economy (Congressional Hearing 1994). Utilizing legalized gambling activities as a strategy for economic development was thoroughly discredited during the hearing. Florida is the only state which has conducted a comprehensive statewide analysis of the impacts of legalized gambling activities. Its report concurred with the congressional hearing's conclusions (Florida Budgeting Office 1994). Since some issue areas have not received widespread public attention in West Virginia, this analysis highlights some. of the neglected issue areas as they relate to tax revenues, social -welfare costs, education, and job creation. frontline: easy money: Business -Economic Impacts of Licensed Casino Gambling in Wes... Page 2 of 8 Economic Cycles and Gambling's Impact on Tax Revenues From the perspective of U.S. economic history, the United States has had previous economic cycles with widespread legalized gambling activities. The most relevant cycle occurred after the American Civil War and paralleled the post-bellum migration to the "Wild West." Although gambling proliferated during this time -frame, within a few years the trend toward prohibiting gambling activities had begun, and by 1910 there was virtually no legal gambling in the United States. Gambling activities were not just prohibited via state statutes and local ordinances, but more importantly, these prohibitions were incorporated into most state constitutions. The fact that state constitutional provisions were utilized to make it as difficult as possible for future generations to legalize gambling activities (and thereby experiment once again with a classic "boom and bust" economic cycle) lends substantial credence to arguments that both historically and currently, the legalization of gambling activities eventually causes: (1) increased taxes, (2) a loss of jobs from the overall region, (3) economic disruption of other businesses, (4) increased crime and (5) large social -welfare costs for society in general and government agencies in particular. For example, two studies of the riverboat casinos in Illinois concluded that for every one job created by the riverboats, most of the surrounding communities probably lost one or more jobs from pre-existing businesses (Grinols 1994; Grinols and Omorov 1995). In recent economic history, legalized gambling activities have been directly and indirectly subsidized by the taxpayers. The field research throughout the nation indicates that for every dollar the legalized gambling interests indicate is being contributed in taxes, it usually costs the taxpayers at least 3 dollars-- and higher numbers have been calculated (Politzer, Morrow and Leavey 1981; Better Government Association 1992; Florida Budget Office 1994). These costs to taxpayers are reflected in: (1) infrastructure costs, (2) relatively high regulatory costs, (3) expenses to the criminal justice system, and (4) large social - welfare costs (Illinois Governor's Office 1992). Accordingly, several state legislators (e.g., in South Dakota) have called for at least partially internalizing these external costs by taxing all legalized gambling activities at a straight 50 percent tax rate. Furthermore, as a matter of good public policy, state officials and legislators in Illinois have proposed legislation to prohibit contributions by legalized gambling interests to politicians and political campaigns. In the case of casinos, New Jersey already has such prohibitions, but other states have neglected to enact similar prohibitions. Political scientists have raised concerns that the newly developing constituencies in the licensed gambling industry are becoming so widespread that the industry can dictate economic, social, and tax policies. For example, the industry drafted a state constitutional referendum in Florida which would have mandated the introduction of casinos into communities even if a particular community voted unanimously against a casino (Dyckman 1994). The industry spent approximately $3 million to get the Florida referendum on the ballot and $6.5 million to campaign for the casinos-- more than the combined gubernatorial campaigns of Governor Lawton Chiles and his challenger Jeb Bush (Lavelle 1994). In these contexts, an article in the Columbia Journalism Review cautions the news media "flat out ask frontline: easy money: Business -Economic Impacts of Licensed Casino Gambling in Wes... Page 3 of 8 [experts, academics, and even other reporters] if they make money off the industry" (Simurda 1994). Social Welfare Costs Legalized gambling activities act as a regressive tax on the poor (Clotfelter and Cook 1989). Specifically, the legalization of various forms of gambling activities makes "poor people poorer" and can dramatically intensify many pre-existing social -welfare problems. Demographic analyses reveal that certain disadvantaged socioeconomic groups tend to gamble proportionately greater amounts of their overall income and marketing efforts, particularly by state lotteries, have allegedly been directed at these target groups. In a specific example involving casinos, a 1995 Wisconsin report concluded that "[w]ithout considering the social costs of compulsive gambling, the 'rest -of -the -state' areas lose- or, transfer in- $223.94 million to the local gaming areas. Considering the lowest estimated social costs of problem gambling, the rest of... [Wisconsin] loses $318.61 million to gambling' (Thompson, Gazel, and Rickman 1995). This report also concluded that without casino gambling, many local citizens would have increased participation in other "outside" activities. "More than 10% of the locals would spend more on groceries if it were not for the casino, while nearly one-fourth would spend more on clothes. Thirty-seven percent said that their savings had been reduced since the casino had opened..." (Thompson, Gazel, and Rickman 1995). From the business perspective, businesses are not naive. For example, "in a rare public stand on a controversial political issue, the Greater Washington Board of Trade's 85 -member board voted unanimously against" Mayor Sharon Pratt Kelly's initiative to bring casino -style gambling to Washington, D.C. (emphasis added, Spayd and Woodlee 1993). With the exception of the cluster services associated with gambling, new businesses tend not to locate in areas allowing legalized gambling because of one or more of the aforementioned costs. In areas saturated with legalized gambling activities, pre-existing businesses face added pressures that push them toward illiquidity and even bankruptcy. Although South Dakota does not constitute a saturated gambling state, this trend has already been reported there. South Dakota basically had no gambling in 1988 and then instituted casino gambling and video lottery terminals by the end of 1989. Within two years legalized gambling activities constituted one of the leading causes of business and personal bankruptcies among South Dakota residents (whereas this cause was virtually nonexistent in 1989) (Nelson 1993). More subtly, traditional businesses in communities which initiate legalized gambling activities can anticipate increased personnel costs due to increased job absenteeism and declining productivity (Kindt 1994a). The best blue-collar and white-collar workers, the Type - A personalities, are the most likely to become pathological gamblers (Kindt 1994b). A business with 1,000 workers can anticipate increased personnel costs of $500,000 or more per year -simply by having various forms of legalized gambling activities accessible to its workers. frontline: easy money: Business -Economic Impacts of Licensed Casino Gambling in Wes... Page 4 of 8 To some extent businesses must already internalize the societal costs associated with assisting personnel with drug or alcohol- related problems. Legalizing various gambling activities increases the number of problems related to pathological gambling in the context of the workforce, and these costs are reflected in increased personnel costs-- such as "rehabilitation costs..." which can easily range from $3,000 to $20,000 (or more) per pathological gambler (Kindt 1994b). In the context of the healthcare debate, the spectre of these unanticipated costs can raise further concerns to businesses already being asked to bear certain health care costs. Education Costs Gambling activities and the gambling philosophy are directly opposed to sound business principles and economic development. Legalized gambling activities also negatively affect education -- both philosophically and fiscally (Better Government Association 1992; Clotfelter and Cook 1989). Adherence to a philosophy of making a living via gambling activities not only abrogates the perceived need for an education, but also reinforces economically unproductive activities (and is statistically impossible since the "house" always wins eventually). In states with legalized gambling activities which were initiated allegedly to bolster tax revenues to "education," the funding in "real dollars" has almost uniformly decreased. The Pathological Gambler Problem States which embrace legalized gambling activities can expect enormous socioeconomic costs and a decline in the quality of life. Unlike traditional business activities, legalized gambling activities cater to a market consisting of addicted and potentially addicted consumers, and most pre-existing traditional businesses will find it quite difficult to compete for "consumer dollars" which are being transformed into "gambling dollars." For example, the field research strongly suggests that the introduction of widespread legalized gambling in South Dakota, including casinos and video lottery terminals (VLTs), over a two-year time span caused a one percent increase in the number of problem and probable pathological gamblers-- a recognized addictive behavior pursuant to the American Psychiatric Association (Clotfelter and Cook 1989; Better Government Association 1992). Each newly - created pathological gambler has been calculated to cost society from $13,200 to $52,000 per year (Maryland Department of Health 1994; Better Government Association 1994). These costs are not just reflected in society as a whole, but impact on all businesses. In particular, small businesses could easily experience disproportionate negative impacts, and unlike large corporations, small businesses would be less likely to have the asset base necessary to cushion against those negative impacts. Sociologists almost uniformly report that increased gambling activities which are promoted as sociologically "acceptable" (the acceptability factor) and which are made "accessible" (the accessibility factor) to larger numbers of people will increase the number of pathological gamblers (Goodman 1994: Politzer, Morrow and Leavey 1981; Better Government Association 1992; Maryland Department of Health 1994). The baseline of frontline: easy money: Business -Economic Impacts of Licensed Casino Gambling in Wes... Page 5 of 8 pathological gamblers as part of the population begins at .77 percent as reported by the 1976 U.S. Commission on Gambling (U.S. Commission 1976). Since gambling has been legalized and made accessible in several states, the range has increased to 1.5 to 5 percent in those states (Alberta Lotteries and Gambling 1994). This phenomenon was specifically confirmed by a 1995 study which concluded that the lifetime probable pathological and problem gamblers in Iowa increased from 1.7 percent of the public in 1989 to 5.4 percent in 1995 (Iowa Department of Human Services 1995, Petroski 1995). Similarly, a limited study of Native Americans revealed a rate for lifetime probable pathological and problem gamblers of 14.5 percent in casino areas (Alberta Lotteries and Gambling 1994). These developments translate into increases in socioeconomic costs which must be addressed and absorbed primarily by taxpayers, but also by businesses, charities, social -welfare organizations and governmental units. Negative Impact on Job Creation On a regional level, the combined ranges of these various socioeconomic costs are so large that they tend to dwarf the localized economic positives (California Governor's Office 1992). These drains on society could easily translate into a net loss of jobs on a statewide or regional level. Furthermore, it can be argued that the combined economic positives and negatives result in a net negative economic multiplier (Goodman 1994; Teske and Sur 1991). From the perspective of business - economics and strategic development, major businesses are and should be concerned with the trend toward expanding various forms of legalized gambling activities. Among other reasons, nongambling related businesses will not be competing for consumer dollars or recreational dollars on a "level playing field," because legalized gambling activities can cater to an addicted and potentially addicted market segment. Since the U.S. economy and most state economies are extensive in scope, the socioeconomic negatives associated with legalized gambling activities can remain hidden for long periods of time. However, just because a particular activity is "legalized" by a state government does not mean that the negative business or societal impacts have been eliminate-- or even reduced. Conclusion Increasingly, taxpayers and businesses are beginning to realize that, as Professor Jack Van Der Slik has summarized for much of the academic community, state-sponsored gambling "produces no product, no new wealth, and so it makes no genuine contribution to economic development" (Van Der Slik 1990). Business - economic history supports this proposition. The recriminalization of gambling activities occurred 100 years ago after a brief gambling boom following the Civil War. Most state legislatures utilized constitutional provisions to recriminalize gambling, because lawmakers wanted to make it as difficult as possible for future generations to experiment with the classic "boom and bust" cycles and the concomitant socioeconomic negatives occasioned by legalized gambling activities. To paraphrase Georg Hegel's common quote, "those who forget the lessons of economic history are condemned to relive them" (Bartlett 1968). frontline: easy money: Business -Economic Impacts of Licensed Casino Gambling in Wes... Page 6 of 8 References Alberta Lotteries and Gaming. 1994. Gambling and Problem Gambling in Alberta. Edmonton, Alberta. January. American Psychiatric Association. 1994. Diagnostic and Statistical Manual of Mental Disorders. ("pathological gambling') Vol. 312.31, pp. 615-618. Bartlett, John. 1968. Familiar Quotations. 14th. Edition. Boston; Little Brown. Better Government Association. 1992. Staff White Paper. Casino Gambling in Chicago. Chicago, IL. California Governor's Office of Planning and Research, 1992. California and Nevada: Subsidy, Monopoly, and Competitive Effects of Legalized Gambling. ES -1. Sacramento, CA: California's Governor's Office. December. Clotfelter, Charles and Phillip Cook. 1989. Selling Hope, Cambridge, MA: National Bureau for Economic Research, Harvard University Press. Congressional Hearing, 1994. The National Impact of Casino Gambling Proliferation: Hearing Before the House Committee on Small Business. 103rd Congress, 2nd. Session. Washington, D.C. Dyckman, Martin. 1994. "Misleading the Public." St. Petersburg Times. November 1, p. A13. Florida Governor's Office of Planning and Budgeting. 1994. Casinos in Florida: An Analysis of the Economic and Social Impacts. Tallahassee, FL: Florida Governor's Office. Goodman, Robert. 1994. Legalized Gambling as a Strategy for Economic Development. Amherst, MA: University of Massachusetts -Amherst, Center for Economic Development. Grinols, Earl. 1994. "Bluff or Winning Hand? Riverboat Gambling and Regional Employment and Unemployment." Illinois Business Review (Spring): 6-11. Grinols, Earl and J. Omorov. 1995. "Development or Dreamfield Delusions?: Assessing Casino Gambling's Costs and Benefits." University of Illinois, September. Illinois Governor's Office. 1992. Governor James Edgar, Press Release. "Governor Warns Land -Based Casinos Could Bring Crime Surge as well as Overall Loss of Jobs and State Revenues." September 29 (summarizing several Illinois State reports). Iowa Department of Human Services. 1995. Gambling and Problem Gambling in Iowa: A Replication Survey. July 28. Kindt, John. 1995. "U.S. National Security And The Strategic frontline: easy money: Business -Economic Impacts of Licensed Casino Gambling in Wes... Page 7 of 8 Economic Base: The Business/Economic Impacts Of The Legalization Of Gambling Activities." Saint Louis Law School Journal 39, p. 567. Kindt, John. 1994a. "The Negative Impacts Of Legalized Gambling On Businesses." University of Miami Business Law Journal 4, p. 93. Kindt, John. 1994b. "The Economic Impacts Of Legalized Gambling Activities." Drake Law Review 43, pp. 51, 66 n. 119. Lavelle, Louis. 1994. "Voters Deal Loss to Casinos; Gambling Backers Lose Despite $16-5 Million Campaign." Tampa Tribune. November 9, pp. 1, 5. Maryland Department of Health and Mental Hygiene, Alcohol and Drug Abuse Administration. 1994. Task Force on Gambling Addiction in Maryland. Annapolis, Maryland. Nelson, Todd. 1993. "S.D. bankruptcies down 5 percent: Judge: Gambling caused most cases." Argus Leader (Sioux Falls, S.D.) January 15, p. 1. News Leader (Springfield, Missouri). 1995. "Jeff City rejects riverboat gambling approved in'92." November 8, p. 1. Petroski, William. 1995. "Study: More gamblers in jeopardy." Des Moines Register. August 25, pp. Al, A2. Politzer, Robert, James Morrow and Sandra Leavey. 1981. Report on the Societal Cost of Pathological Gambling and the Cost -Benefit Effectiveness of Treatment. 5th National Conference on Gambling and Risk Taking. Teske, Paul and Bela Sur. 1991. "Winners and Losers: Politics, Casino Gambling, and Development in Atlantic City." Policy Studies Review 10 (Spring/ Summer): 130-137. Simurda, Stephen F. 1994. "When Gambling Comes To Town." Columbia Journalism Review (January -February): 36-38. Spayd, Liz and Yolanda Woodlee. 1993. "Trade Board Rejects D.C. Casino Plan." Washington Post. September 25, pp. Al, A8. Thompson, William, Ricardo Gazel, and Dan Rickman 1995. The Economic Impact of Native American Gambling in Wisconsin. Wisconsin Policy Research Institute Report. U.S. Commission on the Review of the National Policy Toward Gambling. 1976. Gambling in America. Washington, D.C.: United States Government Printing Office. Van Der Slik, Jack. 1990. "Legalized gambling: predatory policy." Illinois Issues (March): 10. Wartzman, Rick. 1995. "Bayou Backlash: Gambling Is Proving To Be a Poor Wager For State of Louisiana: Business Is frontline: easy money: Business -Economic Impacts of Licensed Casino Gambling in Wes... Page 8 of 8 Disappointing And an FBI Graft Probe Roils a Jaded Electorate." Wall Street Journal. September 11, p. 1. Worthington, Rogers. 1995. "Poor get poorer at tribal casinos, says study of Wisconsin 'gamers'. " Chicigo Tribune. April 11, p. 1. ioin the discussion /what are the odds? / gambline7 oro and con / interviews / ' line / facts & stats /tiles & transcript—%/til �_%s explore FRONTLINE New Content Coovrieht ® 1998 PBS and WGBH/FRONTLINE mhtine BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lav Usher L. Brown ' Suzanne D'Agresta° Anthony A. Garganese° Gary S. Salzman' John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer 'Board Certified Business Litigation Lawyer °Board Certified City, County & Local Government Law Offices in Orlando, Kissimmee, Cocoa & Viera Debra S. Babb-Nutcher Jeffrey P. Buak° John U. Biedenharn, Jr. Joseph E. Blitch Douglas Lambert Katherine Latorre Michelle A. Reddin Kimberly F. Whitfield Erin J. O'Leary Of Counsel December 16, 2003 The Honorable Mayor Rocky Randels and Members of the City Council City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Adult Arcade Amusement Centers - Slot Machines City of Cape Canaveral / General File No. 513-001 Dear Mayor Randels and Members of the City Council: This correspondence follows a recent flurry of news reports regarding casino style gaming rooms which are opening around the state. It is the intent of this letter to bring the City up to date on the issues surrounding these establishments and to provide several possible alternatives for dealing with such an application. Tyaical Scenario These gaming rooms or arcades often look like traditional casinos inside, except they are in neighborhood strip centers. The owner/operators typically lower the lights, the staff is dressed in traditional casino attire, the owners/operators often serve complimentary wine and food, and usually require all patrons to be over the age of twenty-one (21) years. The arcades typically have slot machine style games. Some are the traditional reel styled machines, while others are video images that appear to spin. The insertion of money into the machine provides credits for play. Typically each game costs One Dollar ($1.00), but players can place as much as One -Hundred Dollars ($100.00) into the machine and receive one -hundred (100) credits. The machine is then activated by placing a bet or using a credit. Each of the three reels is then stopped individually by pushing a stop button, sometimes labeled by the word "skill". Should a player end up with the necessary images or icons in the proper location, the player wins and is awarded a coupon. The coupons may then be added together and traded for gift cards, restaurant coupons, discounts for services, as well as other merchandise. 225 East Robinson Street, Suite 660 - P.O. Box 2873 -Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 - Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net - Email: firm@orlandolaw.net The Honorable Rocky Randels and Members of the City Council December 16, 2003 Page 2 Issue The question posed for state and local officials is whether these establishments violate Chapter 849,Florida Statutes, by the use or operation of a slot machine or if these establishments are exempt from the regulation as the slot machines are games of skill, as opposed to ones of chance. Short Answer We believe the exemption provided in Section 849.161, Florida Statutes, for amusement games or machines located within an arcade amusement center is limited. Notwithstanding the foregoing, it appears possible that a casino styled arcade amusement center may exist lawfully under this exemption. Legal Analysis Pursuant to Section 849.15(1), Florida Statutes, it is unlawful to possess or permit the operation of any slot machine or device. Section 849.16, Florida Statutes defines those machines which qualify as a slot machine or device as: [O]ne that is adapted for use in such a way that, as a result of the insertion of any piece of money, coin, or other object, such machine or device is caused to operate or may be operated and if the user, by reason of any element of chance or of any other outcome of such operation unpredictable by him or her, may: (a) Receive or become entitled to receive any piece of money, credit, allowance, or thing of value, or any check, slug, token, or memorandum, whether of value or otherwise, which may be exchanged for any money, credit, allowance, or thing of value or which may be given in trade; or (b) Secure additional chances or rights to use such machine, apparatus, or device, even though it may, in addition to any element of chance or unpredictable outcome of such operation, also sell, deliver, or present some merchandise, indication of weight, entertainment, or other thing of value. Thus, if the receipt of a prize is dependent on any element of chance, the machine would fall within the above definition of a slot machine proscribed by Section 849.15, Florida Statutes. The Honorable Rocky Randels and Members of the City Council December 16, 2003 Page 3 There is an exemption, however, for amusement games or machines, operated within a bonafide arcade or amusement center, which in accordance with Section 849.161, Florida Statutes are: [C]oin operated and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the_ cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played. "Arcade amusement center" is defined in Section 849.161, Florida Statutes as "...a place of business having at least 50 coin-operated amusement games or machines on premises which are operated for the entertainment of the general public and tourists as a bona fide amusement facility." Therefore, Section 849.161, Florida Statutes, creates an exemption for a machine or device that would otherwise be prohibited by Chapter 849, Florida Statutes, if the machine is located in an arcade amusement center and if, by application of skill, the player may receive a prize worth no more than seventy-five cents ($0.75). This exemption has been referred to as the "Chuck E Cheese Exemption". The owner's and operators of the casino style arcades claim this exemption applies to their establishments. They claim the fact that a player must push a button, sometimes labeled with the word "skill", to stop the spinning reels or images is a function of skill and not chance. It is claimed that if a player plays enough, concentrates enough, and has fast enough reflexes, the player will be able to stop the reels, through the application of skill, and win a coupon redeemable for prizes. The Florida Attorney General was asked in 1995 whether the pushing of a button marked "skill" equals the application of skill required by Section 849.161, Florida Statutes. The Attorney General found that while the outcome of the game does not have to be wholly dependent upon skill, skill must be a factor in the outcome. But, the mere pushing of a button marked "skill" would not, in and of itself, appear to constitute the application of skill for purposes of qualifying for the exemption under Section 849.161, Florida Statutes. The Attorney General went onto note that the information provided indicated that the objects painted on the reels were impossible to identify due to the speed at which the reels turned, and that when the button was depressed the reels did not immediately stop spinning, therefore under those facts, it appeared that the knowledge, attention, or practice of the player would not affect the element of chance that dominates the result of the play, and therefore the machine would not qualify for the exemption in Section 849.161, Florida Statutes. The Honorable Rocky Randels and Members of the City Council December 16, 2003 Page 4 The Florida courts have also looked at this issue. In Deeb v. Stoutamire, 53 So.2d 873, (Fla. 195 1) the Florida Supreme Court considered the meaning of the phrase "any element of chance or of other outcome of such operation unpredictable by him", and determined the element of chance or unpredictability is not supplied by the player, but must be inherent in the machine. In other words, when considering whether a machine or device is exempt from the requirements of Sections 849.15 and 849.16, Florida Statutes, it must be determined that there is no chance or unpredictability in the machine. Later, in State et al. v. Broward Vending, Inc., 696 So.2d 851 (Fla. 4`" DCA 1997) the Fourth District Court of appeal applied this standard when considering whether slot machines were properly seized under the Florida Contraband Act. The Court found that if a player does not manipulate the levers to improve the score, the machine was preset for the player to win fifty-five (5 5) percent of the time, therefore while skill will improve the winning percentage, the game has an inherent element of chance. As such, it is not exempt from Chapter 849, Florida Statutes. Most recently, In re forfeiture of Forty -Seven Video Redemption Games v. Don Hunter, 799 So.2d 221 (Fla. 2nd DCA 2001), the Second District Court of Appeals found machines seized to be slot machines as defined by Section 849.16, Florida Statutes, and not subject to the exemption of Section 849.161, Florida Statutes. At trial the owner of the machines testified that there was a chance a player could win, without skill, just in proportion to the natural odds. He testified that each reel contained twenty-six (26) icons and that without any use of skill, there was a 1 in 26 chance that the reel would stop on the proper icon. It is important to note that Chapter 849, Florida Statutes, contains no express preemption from further regulation by local governments. Conclusion While the exemption provided in Section 849.161, Florida Statutes, has been found to be limited in scope, there remain fact based determinations regarding whether a machine or device is exempt as an amusement game of skill. 1) If the machine or device has an element of chance inherent to it, the machine or device is not exempt from the prohibitions of Section 849.15, Florida Statutes, and cannot be operated or possessed. 2) If the machine or device does not have an inherent element of chance, but is instead a skill based machine, the same is exempt and maybe permitted, provided the arcade amusement center has at least fifty (50) machines, is open to the general public and tourists, and any award has a value of less than $0.75 per game. The Honorable Rocky Randels and Members of the City Council December 16, 2003 Page 5 Recommendations 1. The City could do nothing and handle any application on a case by case basis. Any applicant which demonstrates to the satisfaction of staff that the machines are skill oriented, that there will be more than fifty (50) machines within the amusement center, that the arcade amusement center will be open to the general pubic (which could or should include children), and that will only provide coupons with a value of less than $0.75, may be approved. 2. The City could amend the City Code to provide that any such use would be permitted by special exception only in an appropriate zoning district. This would provide a quasi-judicial forum whereby the applicant would have to demonstrate compliance with the Florida Statutes and City Code. This would allow the presentation of witnesses regarding fact determination of skill versus chance. Where compliance with the Florida Statutes is demonstrated, the City could impose additional reasonable conditions to protect the surrounding property owners and ensure the lawful existence of the business. 3. The City could amend the City Code to provide additional regulations relating to gaming and arcades to effectively close the "loophole" claimed to exist in Chapter 849, Florida Statutes. I look forward to discussing this issue at the December 16, 2003 City Council meeting. Ve ly yours, Anthony A. Garganese City Attorney AAG:jf cc: Bennett Boucher, City Manager Meeting Type: Regular Meeting Date 03-16-04 AGENDA Heading Ordinances -1St Reading Item 7 No. I recommend approval at first reading. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 05-2004, AMENDING CHAPTER 38, FIREWORKS, PROVIDING FOR THE PROHIBITION OF THE PRIVATE USE, STORAGE, OR DISPLAY OF FIREWORKS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 05-2004, amending Chapter 38, Article IV entitled Fireworks, providing for the prohibition of the private use, storage, or display of fireworks. Summary Explanation & Background: City Council directed the city attorney to draft this proposed ordinance to prohibit the private use, storage or display of fireworks within the City of Cape Canaveral. I recommend approval at first reading. Exhibits Attached: Ordinance No. 05-2004 City Mana "ffice ' Department LEGISLATIVE ; ORDINANCE NO. 05-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 38, ARTICLE IV ENTITLED FIREWORKS; PROVIDING FOR THE PROHIBITION OF THE PRIVATE USE, STORAGE, OR DISPLAY OF FIREWORKS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 791.012, Florida Statutes, provides that the outdoor display of fireworks is governed by the National Fire Protection Association (NFPA) 1123, but that any municipality may provide by ordinance for more stringent regulations for the outdoor display of fireworks; and WHEREAS, NFPA 1123 does not govern the display of any fireworks on private, residential property; and WHEREAS, Section 791.02, Florida Statutes, makes it unlawful for any person to use or explode fireworks, unless permitted by a local governmental entity for public display, or other exemption provided by law; and WHEREAS, the City Council hereby finds based on testimony from members of the public, law enforcement and -fire safety officials that the private use of fireworks has caused a substantial risk to life, bodily injury, and property within the City of Cape Canaveral, particularly during holidays such as the 4t' of July and New Year's Eve; and WHEREAS, the City Council further finds that the private use of fireworks has caused a significant littering problem along City beaches, parks, and streets because discharged fireworks are not being disposed of in trash receptacles; and WHEREAS, the City Council hereby also finds that because of the substantial dangers and littering involved with the private use of fireworks, the private use of fireworks constitutes a public nuisance within the City of Cape Canaveral, Florida; and WHEREAS, for the foregoing reasons, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare City of Cape Canaveral Ordinance No. 1 of 3 of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 38, Article IV, entitled Fireworks of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: underlined type indicates additions and srikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 38, Article IV.. It is intended that the text in sections Chapter 38, Article IV denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 38-81. Definitions. For purposes of this article, "Fireworks" shall have -the -meaning and subjeet to th exeeptions and a elusions p ,idea_i Fs._Seetio, 791 .01. mean any combustible or explosive composition or substance or combinations of substances or any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration or detonation, as defined by Section 791.01(4)(a), Florida Statutes, as may be amended. "Fireworks" does not mean sparklers or novelties, trick noisemakers, toy pistols or other devices in which paper caps containing twenty- five hundredths grains or less of explosive compound or mixture are used, as defined by Section 791.01(4)(b) and (c), Florida Statutes. Sec. 38-82. Private use, storage, or display prohibited; Public displays authorized by permit onl . The private use, storage, or display of fireworks shall be strictly prohibited, unless otherwise provided by law, within the city limits of the CiV of Cape Canaveral. Public displays of fireworks shall be permitted within the city only upon the conditions specified in this article. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading maybe changed or modified as necessary to effectuate the foregoing. City of Cape Canaveral Ordinance No. 2 of 3 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediatelyupon 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 2004. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. Page 3 of 3 Meeting Type: Regular Meeting Date 03-16-04 AGENDA Heading Resolutions Item 8 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-10, APPROVAL OF THE CASA DEL VISTA FINAL REPLAT DEPT./DIVISION: PLANNING & ZONING Requested Action: City Council consider approval of Resolution No. 2004-10 approving the final replat for Casa. Del Vista as recommended by the Planning & Zoning Board. Summary Explanation & Background: The Planning & Zoning Board recommended approval at their 02-11-04 meeting. I recommend approval. Exhibits Attached: Planning & Zoning Board memo dated 02-12-04 City Manager's Office -' Department PLANNING & ZONING +«y- -- �v:uuucu\meeung\[uu4\U.S-16-U4\ZUU4-lU.doc RESOLUTION NO. 2004-10 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL RE- PLAT OF "CASA DEL VISTA"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, T.O.F. Development Corporation, has complied with the platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Re -Plat for Casa Del Vista — Section 23, Township 24 South, Range 37 East, Lot 15, Block 67, Avon -by -the -Sea, Brevard County, Florida is hereby approved. plat. SECTION 2. The Mayor and City Clerk are hereby authorized to execute said SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of March 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Resolutions\PLATS\FINAL\2004\Casa del Vista.doc City of Cape Canaveral CITY OF CAPE CANAVERAL February 12, 2004 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding Casa Del Vista - Final Replat ----------------------------------------------------------------------------------------- The Planning & Zoning Board recommended approval of the Casa Del Vista Final Replat at the meeting held on February 11, 2004. The Board requested that staff defer forwarding the plat onto City Council until the words "sewer and water" are added to the notes, as per the City Attorney. Please schedule this plat on an upcoming meeting agenda after the information is received. I will forward the milar and copies when I receive them. Thanks Gus�anapman P & Z Board Secretary 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 U11 Y Cil CILV'L; C.'tTiNA V.Li<t1L PRELIMI_NARY PLAT, REPLAT_&JFINAL PLAT Project Name: 1=4 51-4 ( RESIDENTIAL: 1051),70-0 $7671 ids (. cd) HnQu-c-- 1, 2 & 3 Residential Units .............................................TOTAL: $37.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), $50.00 Plus COMMERCIAL: Units @ $7.50 per unit Total: $ 3'74 $150 per acre of land, or portion thereof. Acres X $150 TOTAL: ............... $ SITE PLAN EXTENSION: .................................................. TOTAL: ................ $150.00 SITE PLAN RESUBMISSION: 50% of original fee ......... TOTAL: ..............$ ----------------------------------------------------------- ----------------------------------------------------------- DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1- 4 Units ...................... $700.00 Over 4 Units .................. $1,500.00 COMMERCIAL: Up to 4 Acres.................$1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8 Acres ..................$3,000.00 Total Office Use Only: Escrow Account # 1-202.2400 ----------------------------------------------------------- ----------------------------------------------------------- TOTAL REVIEW DEPOSIT RECEIVED: $ TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ PAID RECEIPT NO ATE RECV'D Jr APPLICATION FOR PLAT REVIEW DATE OF SUBMITTAL: (NOTE: SUBlyiITTAL MUST BE SUBMITTED A NILNI UM OF 30 DAYS PRIOR TO THE PLANNE'G & ZONI�i tG N EETING; PLAT MUST MEET THE REQU ETMENTS OF SECTION 98-41 THROUGH 98-62). IS THIS A PRELDYMI ARY PLAT, RE -PLAT, OR FINAL PLAT? ,�ia�s� 4 P44 7r AMOUNT OF FILLN"G FEE PAID: $ A-MOLNiT OF ENGLVEERING DEPOSIT PAID: 8 DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET NAME, IF APPLICABLE? (MOTE: THIS NEEDS TO BE DONE PRION TO SUBMITTAL). YES NO * N.A. PROJECT NA M: c PROJECT ADDRESS: 7&7/ RIPC c c�dm LEGAL DESCRIPTION: ,Co / /�s� A4,t G 7 OWNER(S) NAYIE: Ta. fE-yE'l c� r�i�F•� i -•� �' r'• 0WNTER(S) ADDRESS: qis-� e✓. c��.�� �N• r PKa,y ��E��e�r D, �"�. PROJECT ARCHITECTIENGL�-EER: C PHONE NO. OF ARCHITECTIF-NGLNEER: APPLICANT(S) SIGNATURE.f PHONE NUiMER OF OVVNNER/AGENNT: 3a ! - � �'9•sLs-� City of Cape Canaveral Casa Del Vista Final Replat Applicant: T.O.F. Development Location: Range: 37 Township: 24 Section: 23 Lot 15 Acreage: Approximately .28 of an acre Current Future Land Use: Residential R-2 Current Zoning;: Residential R-2 Number of Units Proposed: 3 Lots/units Description: The applicant desires to build 3 residential units. The subject property itself is under construction. North South East West Zoning R-2 Residential R-2 Residential R-3 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-3 Residential R-2 Residential Existing Conditions Residential Residential Residential Residential Minimum Lot Area: 6,250 s.f. Provided: 12,275 s.f. approximately Minimum Lot Width: 20' Provided: 30.38'- 56.25' Minimum Lot Depth: 70' Provided: 82.82'- 113.52' Maximum Lot Coverage: 40% Provided: Not Provided Maximum Building Height: 25' Not Provided Maximum Building Length: 185' Provided: Not Provided Public Services and Facilities in Amendment Area: The impacts on public services for fourteen (3) residential units are, the Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2002 was 9,161. This is still adequate park space available. 7`1 Ridgewood is operating at Level of Service "C" with 162 peak hour trips between Madison and Buchanan. The maximum peak -hour volume acceptable is 810 representing a LOS of "E". The proposed change with the proposed development could generate 2 additional peak hour trips per day and this would not create a traffic deficiency. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment permit capacity is 1.8 million gallons per day (MGD). The existing usage is 1.35 MGD with an excess capacity of .45 MGD. With this and recently approved developments the usage could be 1.43 MGD with .37 MGD excess capacity. The actual plant capacity is 3.0 MGD. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. With this and recently approved developments, water usage could increase to 24.5 MGD and leaving 23.5 MGD. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The subject parcel is vacant and had been cleared in it's past. There are no known wetlands, or aquifer recharge soils or conditions associated with the subject parcel. There are no known endangered species identified on site or in the area adjacent to the subject parcel. Historical and Archaeological Resources in Amendment Area: There are no known historic or archaeological sites located on site or in the area surrounding the subject parcel. Population Projections and Trends: The project is for 3 dwelling units. This would equate to approximately 8 new persons, but this should not have an adverse impact on population projections. CON �_.. C1 Ml R31 C1 C2 M1 -ori R3 �\ �a Ct � CI ' CON R3 i I Itnkm _ N/ R3 CI _ dM.'.- _. R3 c LR3A bkQr R3 BANANA RIVER BR92 BR95 BR91 BR9C BR94 BR93 Bm FUTURE LAND USE C1 COMMERCIAL C2 COMMERCIAUMANUFACTURING M1 INDUSTRIAL R1 RESIDENTIAL R2 RESIDENTIAL R3 RESIDENTIAL PUB PUBLIC/RECREATION CON CONSERVATION AREA ARCHAELOGICAL SITE 1 V 94�E yy S SCALE: (] SOO 1000 Y CAPE CANAVERAL CITY OF CAPE CANAVERAL LOCAL COMPREHENSIVE PLAN FUTURE LAND USE MAP Figure 7-3 a MS R3 MS i— r Ml M1 R3 C1 I Ih� R2 .—.. R1 0 . _ f4w Dr _. Vr- I-_ C1 a Esl_ I R2 R3 GentralBNd-E —6entral-Blvd 4y__ . —g1 1 RS -----------I�` —R1 --- R2 ��'NitlasOJ R2 i- irWre"' --� R3 I l� �--' R2� l R2 I R2 ---- I�- --�C.mm,.5t_-J PUB PUB R2 R2 _R3 C-1 R2 R2 6 lu R3 13� n aii I c1 IF 16 � R3 'm, TO«1n a ATLANTIC OCEAN I� _tl Rz R2 II R2 R3 PUB > PUB R2 i R2 R3 PUB R2 R2 l IRs J R3 _ J C2 r.. R2 2 - J J Rj ��C1 it R2 I R3 J _ _ caw" �E'3331�9' CS -L� jj -R3 C1 �- - I Weo� I R1 Ri C1 r Rz 7 I ' I J I7 -- J 1 Ivey, Harris & Walls, Inc. 631 South Orlando Avenue, Suite 200 Winter Park, Florida 32789 (t) 407,629.8880 (f) 407.629.7883 JOB NO. 989.04DATE, 403-07-02 Li January 27 ,2004 Mr. Todd Peetz Planning Partnerships, Inc. 3585 Murrell Road, Suite A Rockledge, FL 32955 RE: Final Plat Review —Casa Del Vista -Review #1 SSA Job No. 95-0208, Task 074.1003 Dear Mr. Reid: SSA has reviewed the submitted plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. cerely, David oy Jones PL Chief Surveyor DRJ:jIs City Engineer's Review Fee For Review #1— $450.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $70.00 per hour. SITOTTLER STAGG & ASSOCIATES ARCHITECTS . ENGINEERS e PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 Lic. #AAC000329 #EB0000762 #LB0006700 0joan sottorNalcivillprojectslcapell-casa del vista final plat remew.doc Memorandum To: Todd Morley, Building official From: Todd Peetz, City Planner Date: February 4, 2004 Subject: Casa Del Vista (Final Replat) It appears that the Casa Del Vista Final Replat meets the land development code requirements. This review does not relieve the applicant from other local, state and federal agencies having jurisdiction over the project site. If you have questions, please feel free to contact me at 407-249-1503 or by E-mail Planning4u2@aol.com. To- Todd Peetz, City Planner Fronn: Shannon NkNaily, firs Inspector Re: Casa Del Vista IllBt-Review Date: 01/09/04 I' have reviewed the pian and #ixid they.theet the fire dcparrtnent requirements at this time. Station #( 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 s (407) 783-4777 & FAX: (407) 783-5398 Station k2 8970 COLUMBIA ROAD a CAPE CANAVERA-L. FLORIDA 32920 0 (407) 7834424 a FAX: (407) 7834887 MEMORANDUM TO: Todd Morley, C134 Building Official FROM: Fd Gardulski Public Works Director RF,: Final Plat Casa Del Vista DATE: January 16, 2004 The Public Works Department has reviewed the final plat of the above project and does not have any comments or concerns r.� Memo To: HONORABLE MAYOR, MEMBERS OF CITY COUNCIL AND COMMANDER GEORGE MC GEE From: BENNETT C. BOUCHER, CITY MANAGE Date: 3/9/2004 Res STATUS REPORT ON THE EVALUATION OF A NEW POLICE STATION I have been working with Commander McGee and Dennis Dills, an architect with Stottler, Stagg & Associates, on the facility evaluation for a new police station. The attached report outlines current and future space needs for the operation of police services. We are estimating the new facility to be 15,400 s.f. and the total site area to encompass (2) acres. We attempted to seek out property owners that were "willing sellers" and at this point in time, I have not found a vacant parcel. The United Agencies building next to City Hall is not for sale nor is the Johnson Controls building across the street from the recreation complex. I have met with the new chief operating officer with the Canaveral Port Authority to pursue the needed (2) acres of property within the (13) acres the port authority owns within the City (see attached map). The real estate market in our City has taken off and as the City tries to acquire property in the market, we have to remain close to the appraised value of a parcel, have a "willing seller" and hope we do not get out bid as we have experienced with two grants to acquire property. At this point in time, the port property is an option and I will continue to pursue any other parcels that may become available. BCB:kmm Attachment SSA January 27, 2004 Mr. Bennett Boucher City of Cape Canaveral- City Manager 105 Polk Avenue PO Box 326 Cape Canaveral, Florida 32920-0326 Re: New sheriff station program Dear Mr. Boucher, After several meetings with Commander Gary Young and his staff, the attached program has been developed for the afore referenced project. This program identifies immediate and long range space needs and functions required for a new sheriff station in Cape Canaveral, Florida. Site parking requirements (both secure parking and non -secure public parking) areas are included in space requirements for this new facility. Please feel free to contact me at your convenience if you have any questions or comments regarding the attached program. Thank you for allowing Stottler Stagg & Associates the privilege of partnering with you on this important project. Sincerely, Dennis' -R. Dills, Principal Architect Cc: File John Pekar SI'OTTLER STAGG & ASSOCIATES ARCHITECTS . ENGINEERS . PLANNERS, INC. CORPORATE OFFICE: 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321.783-7065 501B East Oak Street ICssimmee, Florida 34744 Tel: 407-935-0649 Fax: 407-935-0685 EMAIL: ssaosceola@stottlerstagg.com Lic. #AAC000329 #E130000762 #LB0006700 PROGRAM SPACE REQUIREMENTS FORA NEW SHERFF STATION- CAPE CANAVERAL, FLORIDA PROGRAM DEVELOPED FROM MEETINGS WITH COMMANDER GARY YOUNG THE WEEK OF JANUARY 19, 2004 PREPARED BY STOTTLER STAGG & ASSOCIATES January 27, 2004 FUNCTION EXIST'G NEW SQ. FT. 10 YEAR 20 YEAR NOTES SQ. FT. REQUIRED PROJECTION PROJECTION Public Entry 125 300 0 0 See note 1 And lobby area Reception area 150 200 0 0 See note 2 And office area Mechanical Room 65 120 0 0 Commander's 160 160 0 0 Office Assistant 140 140 0 0 Commander's Office Work Area & 250 250 0 0 Copy Room Record 250 250 100 100 Adjacent to reception area Storage Men Restroom 120 180 60 60 See note 3 2@60sgft Sergeant office 0 120 0 0 PROGRAM FOR A NEW SHERIFF STATION- CAPE CANAVERAL, FLORIDA 1/27/04 FUNCTION EXIST'G NEW SQ. FT. 10 YEAR 20 YEAR NOTES SQ. FT. REQUIRED PROJECTION PROJECTION Women Restroom 120 180 `, 60 60 See note 4 2@60sgft . Squad meeting Rm 170 500 0 0 Accommodate 20 people Supervisor 290 500 100 100 Desks/ stations for 5 people Office Break Room 190 250 0 0 See note 5 General Crisis 190 300 100 100 Desks/stations for 3 people Processing Area Processing Office 100 100 0 0 See note 6 2-Interview rooms 100 300 0 0 Tape recording 0 120 0 0 Room Secretary Office 150 150 0 0 Adj. to Commander office Car wash area 1250 1600 400 400 See note 7 & Exterior storage Armory storage 0 250 0 0 See note 8 Room Training/ 0 1000 0 0 See note 9 classroom And general Meeting room PREPARED BY STOTTLER STAGG & ASSOCIATES January 27, 2004 2 PROGRAM FOR A NEW SHERIFF STATION- CAPE CANAVERAL, FLORIDA 1/27/04 FUNCTION EXIST'G NEW SQ. FT. 10 YEAR 20 YEAR NOTES SQ. FT. REQUIRED PROJECTION PROJECTION Multi- Purpose 0 120 0 0 See note 10 Office Community 0 160 0 0 Policing Unit Office Civilian 0 160 0 0 Locate near public lobby Observation Patrol Office Dispatch Room 0 160 0 0 See note 11 BOOKING AREA * Holding 0 320 0 0 Pre-fab 1 person cells cells-4 req'd. * In car video tape 0 100 0 0 Secure- locked room storage Room *Breathylyzer 0 120 0 0 test Room *Secure Firearms 0 100 0 0 Secure- locked room storage room * Mugshot area 0 100 0 0 * Fingerprint area 0 * Interview Room/ 0 120 0 0 DUI crash inves. Office * Men Restroom 0 60 0 0 * Women Restroom 0 60 0 0 PREPARED BY STOTTLER STAGG & ASSOCIATES January 27, 2004 3 PROGRAM FOR A NEW SHERIFF STATION- CAPE CANAVERAL, FLORIDA 1/27/04 FUNCTION EXIST'G NEW SQ. FT. 10 YEAR 20 YEAR NOTES SQ. FT. REQUIRED PROJECTION PROJECTION Sheriff records 0 200 100 100 Lieutenant 0 240 . 0 0 2 @ 120 sq ft = 240 sq ft Offices (2 req'd.) Evidence 0 • 120 0 0 Secure- locked room Room K-9 Kennel 0 120 0 0 4 canine kennel cages Area Men Chanainq Area * Locker Room 0 300 100 100 See note 12 * Shower area 0 200 0 0 * Restroom area 0 300 0 0 Women Chanainq Area * Locker Room 0 200 50 50 See note 13 * Shower area 0 120 0 0 * Restroom area 0 200 0 0 Exercise Room 0 250 0 0 Total Gross sq. ft 3,820 10,800 1070 1070 + 20% circulation etc. 764 2.160 200 200 Total net sq. ft. 4,584 12,960 1270 1270 General Notes: 1. Public lobby to include waiting area, small vending area and men & women restroom (public access). 2. Reception area requires 2 desk or workstation areas, 10' countertop, glass enclosure & pass thru trays in counter. PREPARED BY STOTTLER STAGG & ASSOCIATES January 27, 2004 4 PROGRAM FOR A NEW SHERIFF STATION- CAPE CANAVERAL, FLORIDA 1/27/04 3. Mens restrooms required for: training room, public lobby and general office area. 4. Womens restrooms required for: training room, public lobby and general office area. 5. Break area requires refrigerator, microwave, sink, coffee maker, stove, cabinets & countertop. 6. Processing area requires 3 interview rooms with adjacent tape recording room connected to all 3 rooms and 1 way mirrored glass to each interview room. 7. Exterior storage shall be covered,from the elements (does not need to be enclosed) adjacent to the building for storage of impounded automobiles, bicycles and boats. 8. The armory area shall be a secure locked room for storage of weapons, flares, raincoats, etc. , 9. Training/conference room shall accommodate 50 people for presentations, lectures etc. The department presently uses the council chambers for this function. 10. This office shall be a shared use office by various outside agencies. 11.This space shall be used as a general storage area. It shall be converted to a communications room if the need for this function arises in the future. 12. Mens changing area shall incorporate space for 20 lockers ( leave space to add 10 lockers in the future), a gang shower/ drying area of approximately 200 sq. ft. and a restroom that includes 3 water closets, 3 urinals and 4 sinks. 13.Womens changing area shall incorporate space for 10 lockers ( leave space to add 6 lockers in the future), 6 shower/ drying private cubicles of approximately 20 sq. ft. each and a restroom that includes 3 water closets, and 4 sinks. 14.Security via of cameras and security hardware (card reader access, etc) is critical in the design of this facility. 15. Design shall control visitor, prisoner and secure area circulation systems within the facility. SITE DESIGN CRITERIA Parking requirements: Secure parking (via razor barbed wire fencing and a card reader gate entry system) area shall be designed to accoimodate: 60 patrol cars (20 additional cars in the future) plus 25 staff vehicles (10 additional cars in the future) Space requirements for secure parking: 60 patrol cars (initial design) @ 400 sq. ft. each (including circulation)= 24,000 sq. ft. 20 patrol cars (future expansion) @ 400 sq. ft. each (including circulation)= 8,000 sq. ft. 25 staff cars (initial design) @ 400 sq. ft. each (including circulation)= 10,000 sq. ft. 10 staff cars (future expansion) @ 400 sq. ft. each (including circulation)= 4,000 sq. ft. Site area required for secure parking lincludina future expansion)= 46,000 sq. ft. PREPARED BY STOTTLER STAGG & ASSOCIATES January 27, 2004 5 PROGRAM FOR A NEW SHERIFF STATION- CAPE CANAVERAL, FLORIDA 1/27/04 Non secure public parking area: 25 parking spaces c@ 400 sq. ft. each (including circulation)= 10,000 sq. ft. Site area required for public parking (including future expansion)= 10.000 sa. ft. Total site area reauired for parking & circulation= 56.000 sa. ft. or 1.28 acres Total area reauired for new buildina (including future expansion)= 15.400 sa. ft. or .35 acre SITE SIZE REQUIRED FOR PROJECT (including future expansion of site and building= 1.63 acres- SAY 2 acres reauired. END OF PROGRAM PREPARED BY STOTTLER STAGG & ASSOCIATES January 27, 2004 6 ick Action:Parcel Info Distance' 0 Page 1 of 1 View Map Aerial Change] Locate Parcel ID Locate Zoom to _ Brevard County Go; Printable Version Map I Preview Check below then Update [: GolfCourses Schools t Libraries i RoadNames MajorRoads MinorRoads Sections '; Water Update Help Leaend http: //www.brevardpropertyappraiser. com/temp/graFrame2004O3 03 08 56448672. html 03/03/2004 Brevard County Property Appraiser-- Online Real Estate Property Card Propr i ar, jHomel [Meet. jrnFord] [Appraiser's_ Jobl [FA Q11Qeneral__Info] LS..ave_Our Homes] [Exemptions] [T ... angible. Property] [Contact. Usl Locations [Forms] (Appeals Pro a ty searchl [Neap Se..a...rchl Ma s &._Data] [Unusable Propel max Authorities] LEconomic_Indicatorsl jWhaCs New] jLnksJ [Press_Releases] General Parcel Information for 24-37-1.5-00-00006.0-0000.00 Page 1 of 2 Parcel Id: 24-37-15-00-00006.0- I[Tq]apMillage 26G0_ Exemption: C Use Code: 0000.00Code: 867 * Site Address: Tax 2430827 Account: * Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: CANAVERAL PORT AUTHORITY Second Name: $0 Third Name: Mailing 200 KING GEORGE Address: BLVD City, State, CAPE CANAVERAL, FL Zi code: 32920 Value Summary for 2003 ** Market Value: $139,000 A ricultural Assessment: $0 Assessed Value: $139,000 Homestead Exemption: $0 Other Exemptions: $139,000 Taxable Value: $0 Legal Description THAT PART OF UNSURVEYED LAND LYING W OF N 626.20 FT OF GOVT LOT 2 EXC DB 328 PG 311, ORB 37PG 587, 3737 PG 929 & ST RD NO 401 R/W Land Information Acres: 13.9 Site Code: 340 Land Value: $139,000 "This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information 13530/4123 V *** Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. http: //www.brevardpropertyappraiser. comlaspIShow_parcel. asp?acct=243 0827&gen=T&... 03/03/2004 *** Sales *** Sales OR Sale Sale Deed Screening Screening Vacant/Improved Book/Page Date Amount Type Code Source 13530/4123 V *** Sales Screening Codes and Sources are from analysis by the Property Appraiser's staff. They have no bearing on the prior or potential marketability of the property. http: //www.brevardpropertyappraiser. comlaspIShow_parcel. asp?acct=243 0827&gen=T&... 03/03/2004 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 Extra Feature Information PoolI Fireplace FenceI Driveway7l Lawn Irrigation Shed Dock Seawall No No INo No No No No Tax Levied by Taxing Authorities for 2003 Taxing Authorities Taxes Billed Ad Valorem Coun $0.00 School $0.00 Cit /MSTU $0.00 Water Management $0.00 SP District $0.00 Debt Payment $0.00 Total Ad Valorem $0.00 Fee Agencies Fees Billed Non Ad Valorem SW Disposal 11 $0.00 SW Collection L $0.00 Reg elin $0.00 EMS -Ambulance $0.00 Storm Water $0.00 HPK/BFOOT $0.00 WTR/Ba tree/Viera Special Dist. $0.00 Total Non Ad Valorem 7 $0.00 Total 11 $0.00 Data Last Updated: Tuesday, March 02, 2004- Printed On: Wednesday, March 03, 2004. New Search I [Help'; [Home] (Meet J mFordl [Appraiser's Job] [FAQ( [Gf. neral infol (save Our. Homesl (Exemptions] [Tangible Property] [Contact Usl [Locations]1Formsj [Atoeals] (Property Research] [Map Search] L_Mags & Datall (_Unusable Propertyl rTax Authoritiesl [Economic.. Indicators] [W.Ws_Newl [Lin_k] jPress_Releasesl Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http: //www.brevardpropertyappraiser. com/asp/Show_parcel. asp?acct=2430827&gen=T&... 03/03/2004 January 26, 2004 Mr. Dennis R. Dills, Principal Architect Stottler Stagg & Associates 8680 North Atlantic Avenue Cape Canaveral, FL 32920 Re: Properties, Cape Canaveral Dear Mr. Dills: Here is our report for the six properties you inquired about. We regret we were unable to obtain more positive information for you. Please let us know, of these properties, which ones you are most interested in, in order for us to follow up. Too, if there are any other properties you would like checked, just let us know. Steve Gailey and I appreciate the opportunity to work with you. If you have any questions, you may reach Steve or me at (321) 676-7676. Respectfully, JY Gi a Enclosure 7 Cocoa Beach 5340 N. Atlantic Ave. • Cocoa Beach, FL 32931 Office: (321) 784.5555 • Fax: (321) 784.0101 REALTOR® MLSo Melbourne 104 S. Harbor City Blvd. • Melbourne, FL 32901 Office (321) 676-7676 • Fax (321) 676-7664 Site One — 8 Acres: Southwest Corner of Central Boulevard and Atlantic Avenue. Owner was contacted. He is not interested in selling , however, he will consider a land lease for $360,000. per year with annual increase in rent. Site Two —1.5 Acres: Southeast Corner of Central Brevard and Commerce. Owner contacted. Not interested in selling at any price. Site Three —1.29 Acres: Poinsetta Avenue between Madison and Monroe. Owner is presently scheduled to develop the property as Marie Ann Villas, a development of Fourteen (14) units. Owner advised he is not interested in selling. However, at the end of our conversation, he said; "if someone wants to offer a Million Dollars, I might take it." Site Four - .29 Acres: 121 Monroe Avenue (Canaveral Lodge) The owner is not interested in selling 0 � Cocoa Beach MM lb bourne 5340 N. Atlantic Ave. - Cocoa Beach, FL 32931 REALTOR ML S,-, 104 S. Harbor City Blvd. - Melbourne, FL 32901 Office: (321) 784.5555 -Fax: (321) 784.0101 Office (321) 676-7676 - Fax (321) 676-7664 Page Two Report: Mr. Dermis R. Dills, Principal Architect Re: Properties, Cape Canaveral January 26, 2004 Site Five - .22 Acres: 120 Jackson Avenue, Cape Canaveral 32920 (Dotty's Bar) We have inquired at the property and have written the owner. There has been no response to our contact. Site Six - .65 Acres: Vacant Land/ 100 Block of Jefferson This owner is out of state. We have written to inquire if he would have an interest in selling his property. We will follow up and hopefully receive a positive response. Jogillili jd (j Steve Gailey Fir eal , Inc. First Realty, Inc. (321) 676-7676 (321) 676-7676 January 26, 2004 Memo To: HONORABLE MAYOR, MEMBERS OF CITY COUNCIL AND FIRE CHIEF DAVE SARGEANT From: BENNETT C. BOUCHER, CITY MANAGE Date•. 3/9/2004 Re: STATUS REPORT ON FIRE HOUSE EXPANSION I have been working with the fire chief and Dennis Dills, an architect with Stottler, Stagg & Associates, on the remodeling and expansion of the firehouse located at 190 Jackson Avenue. Based on the attached space needs evaluation of current and future fire department operations, this project is and has been a top priority of the City Council. The fire chief has been working with the officers of the Cape Canaveral Volunteer Fire Department, Inc. on the following issues that need to be resolved prior to the expansion of this facility. • Long term ownership of lots 15 and 16 of Block 25 of Avon -by -the -Sea; the CCVFD does not have title to these lots, • Lots 7 and 8 of Block 25 need to be consolidated into one lot or record, • The City Charter prohibits the City from constructing a firehouse (see attached), • The CCVFD, Inc. needs to determine the scope of the facility expansion and the financing, • The contract with the CCVFD, Inc. will have to be amended to allow the CCVFD, Inc. to recover the cost of said project. At this point in time, we are waiting on a report from the fire chief on what type of project CCVFD, Inc. wants to undertake. BCB: kmm Attachment Cape Canaveral Fire Station Program Stottler Stagg Associates SSA Project No. 03-0025 Cape Canaveral, Florida June 30, 2003 The following program was developed from meetings held on 5-06-03 between Mike Kelley (SSA) and Dave Sergeant and 5-19-03 between Mike Kelley and Dennis Dills of SSA and Dave Sergeant. In addition, a site visit to the existing fire station was conducted on 6-30-03 to confirm existing facilities and their respective areas. General Information The current station was built in 1962 and renovated in 1989. The truck bays were added in 1985.The location of the existing fire station is critical for the present fire ratings. If relocated, the rating will be negatively affected. Therefore, it is highly recommended the existing station stay at it's present location and additions and renovations to the existing facility be developed to meet the new program requirements. The property on which the station is located is leased by the fire station. The station must be kept functional while new construction activities occur. Therefore, phasing of the construction schedule is critical. This would require the city to acquire additional land for the facility. If it is decided to locate a sheriff's facility on this site, there should be no physical connection between the sheriff's facility and the fire station. Dave Sergeant recommends expanding to the north and retaining the existing high bay area. This would require relocation of the overhead power service. It is recommended that a minimum of 9 parking spaces be planned. It is anticipated that approximately 80% of calls will be EMS related. Security is a major concern and video monitoring equipment will need to be located in certain areas of the building and in the parking lot. It is desirable the facility be designed to reflect a "traditional" looking fire station. All facilities shall be designed to be ADA compliant per FBC 2001, Chapter 11. Pro9rarn Space Allocation Existing > NEW Program Additional Sq . Function Sq.Ft. Sq. Ft. Required Ft. Required General notes Lobby & Waiting Area 100 100 0 This area is also used for blood pressure exams. Reception /Administration / 65 150 85 Computer Area Chief's Office 180 180 0 Office Work Room & Supplies 80 120 40 Captain's Office 80 120 40 EMS Coordinator Office 80 100 20 Training Coordinator Office 80 100 20 Fire Inspector Office 80 100 20 12nd Fire Inspector Office 65 I 100 35 'County Rescue - 60 Office 55 I 100 45 (Volunteer Office No.1 0 I 100 100 'Volunteer Office No. 2 0 I 100 100 server/projects/03-0025/Fire Station Program.xls Cape Canaveral Fire Station Program Stottler Stagg Associates SSA Project No. 03-0025 Cape Canaveral, Florida June 30, 2003 Program Space Allocations Existing NEW Program Additional Sq, Function Sq.Ft. Sq. Ft. Required Ft. Required General notes General Bunk Room 370 700 330 5 Bunks existing- 10 required Locker Room 120 120 0 18"x 18" Lockers Captain's Bunk & Locker Room 100 100 0 Women's Bath & Shower Room 50 150 100 2 Showers needed in this area Men's Bath & Shower Room 50 400 350 8 showers needed in this area Bunker Gear& Uniform Room 150 250 100 Medical Supply Room 135 150 15 Must be air conditioned Truck Bays (high bays) 2600 2600 0 Maintenance & Fire Fighting Storage Existing located in shed adjacent to facility. Room 750 750 0 Could be combined w/staff vehicle storage. Computer Work Room 0 120 120 Fix& repair computers & develop programs Public Restroom - Men I 0 50 50 1 Public Restroom - Women 0 1 50 50 1 Laundry Room 150 I 200 50 Day Room 200 j 400 200 Designed to accommodate 10 people Communications Room I 100 I 150 50 1 Kitchen 300 350 I 50 14 separate refrigerators- Lockable storage Training Room 480 700 220 25 people- doubles as meeting room Work Out Room 0 200 200 Existing located in truck bay area Records storage 0 200 200 Existing located in various offices Infectious Control Room 0 1 160 160 Bio Hazard 1 0 1 160 1 160 'Needs separate washer& dryer Covered Vehicle Storage 0 400 400 2 Vehicles. Could be combined with Maintenance & Fire Fighting Storage Room Mech, Elec, Corridors & Walls 960 1880 920 'TOTAL 1 7380 1 11610 1 4230 1 ' 'Parking 1 17 & 1 HC 1 24 & 1 HC 1 7 Additional Spaces 1 ' server/projects/03-0025/Fire Station Program.xls Art. XIV, § 3 CAPE CANAVERAL CODE operation of F.S. § 166.021(5). This section is section 38-58 in the Code of Ordinances. [Sec. 4. Fire protection services.] The council shall pass no ordinance, resolution, or motion obligating or authorizing the City to establish or operate a Fire Department, or to build or acquire a Fire Station, or to contract for fire protection services with any person, governmental entity or corporation other than the Cape Canav- eral Volunteer Fire Department, Inc., without such plan or proposal having been first approved by a majority vote of the qualified electors of the City voting in a general election or one held for this purpose. Nothing herein shall prevent the City or Cape Canaveral Volunteer Fire Department, Inc., from entering into a Mutual Aid Agreement with any municipality, Brevard County or any private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. Further providing that any action previously taken by Resolution, motion or otherwise to es- tablish or operate a Fire Department or to build or acquire a Fire Station shall be terminated or stayed until brought into compliance with this Section. (Added by election, 11-5-85) ARTICLE XV. PUBLIC WORKS Sec. 1. Creation of department of public works. The City Council shall have the power to create in the City of Cape Canaveral, a Department of Public Works to be known as "Department of Public Works, City of Cape Canaveral, Florida." When such department shall be created, the City Manager shall appoint a Superintendent of Public Works who shall be in charge of the Department of Public Works. The Superintendent shall be re- sponsible to the City Manager for the proper per- formance of the duties imposed upon him by this act, and shall perform daily the duties of this of- fice in such a manner as may be designated by the City Manager, and he [or she] shall provide surety bond in such an amount as may be required by the City Manager for the faithful performance of his [or her] duties, which shall be as follows: To exercise control and direct supervision over all municipal utilities, utility con- tracts, repair and maintenance of streets, and wastewater collection and treatment system. 2. To see that the terms and conditions im- posed in favor of the City or its inhabitants in any public utility franchise are faith- fully kept and performed, and upon knowl- edge of any violation thereof to call the same to the attention of the City Manager whose duty it is to see that such action as might be necessary to enforce the same is taken. 3. To have charge of the removal of garbage and trash, or franchise thereof, and it shall be his [or her] duty to see that the streets are kept clean. 4. He shall perform such other duties as the City Manager from time to time, shall re- quire of him [or her]. mended by election, 11-8-83; Ord. No. 29-87, 10 - Sec. 2. Water department. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality are derived from the constitution and F.S. ch. 166. ARTICLE XVI. BOARDS AND AGENCIES Sec. 1. Department of public health. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as unnecessary as home rule powers of a municipality to create departments are derived from the constitution and F.S. ch. 166. Sec. 2. Zoning and planning board. The City Council shall have the power to create a board to be known as the "Zoning and Planning Board of the City of Cape Canaveral"' The number of members to serve on the board and its duties shall be prescribed by ordinance of the Council. CHT:12 FND 1" IP NO ID" N 89'59:03"E 299.80' M 300' R 7. 25 ______—.—_—_ —.—__--T--.—.- -a_..._--_...__- STOP ' SIGN 1b C0 C . 100' R I 89''5 '03"E 100.08' 50' DRIVE' . cJ0 ' i f Y 25.0' LOT 6, BLOCK 25 0 LOT BLOCK I LOT 8, CK 5 AVON -BY -THE -SEA m ivy AVO Y -THE- AVON- HE - PB 3, PG 7 w m 4.;r) 3, PG 7 I PB G 7 i u ^ N U) I I Z� Z UJ do c" cc I RIVE z 2 ! ALUM 40 i 0 i N I DUM R 7.9' j 'nI M AREA o i '. CON I 4. .7 0' CONC BLk W, FND 5/8" IRC 10'� p L64119"w 4 9i Z :2j1 0' rs:s` I 40.6' w "? o, m 1 STY WO �# O '� B � 4 C. C N 1 FRAME GA N' " BL 2 BAYS NC III i N io 2 40.6' ELEC METER DRY 0' R 1 ' ' NORMAL/EMERGENCY POWER SW17CH 72 . W 1 8 3'x4' CONC PAd 4x4 C�ONC PAD -/00 N 24. l M c w • 2 CBS a CON.. N G E FOR FI� E& `� o i Lit i r N E GENCY TRUCKS ;' DRIVE d z Of O iii �� �..� j o LOT 14, BLOCK 25 Z 1.43�1 N "" Q AVON-BY-THE-SEA� PB 3, PG 7 1.9' Q > i� a 8'1x1.5' CONC � � _ 215KH GENERATOR WALL (TYP) �Z CL m 1 ON SKIDS 1 STY CB TYI OF ; O o VCAPE OLE CANE FLORIDA z j cv NTEER 61 EPARTMENT C-4 w r w " 8"x1.5' CONC WALL Co Lo¢ to e ¢ N i �i ON CONC PAD FOR • Na FUEL TANK c w r w N a ; Oi ml V) —f 6' WOOD FENCE ac vi m m N as oa ' i •! 17.1' �¢ I 0¢ • J 2 15' 'STOP Q1 CONC PAD' I SIGN W/ MAIL BOX `_� > m 4" FLAG POLE U' A IN i 50' R f 9'03'W 299.84 M ASPHALT$�' 'g' »W 1001 300' R PA EMENT 100 % pt ea STORM N i MANHOLE o s ASPHALT c s1i PAVEMENT --------- -- _-----qC._..—.---------------- ------ ----=-------� ; i JACKSON AVENUE ? 20' ASPH PVMT 48' R/W i a