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HomeMy WebLinkAboutPacket 04-06-2004 E q � s� r 9 City of Cape Canaveral cm of erre euuveu CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 6, 2004 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD INTERVIEW: Randy Wasserman, Community Appearance Board. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 16, 2004. 2. Proclamation for Arbor Day. 3. Resolution No. 2004-12; Appointing One Regular Member and One Alternate Member to the Community Appearance Board (L. Moore and C. Trautman). 4. Resolution No. 2004-13; Appointing One Regular Member to the Construction Board of Adjustments and Appeals (D. Dunn). 5. Renewal of Turf Fertilization, Insect, Disease and Weed Control Service Contract. 6. Outdoor Entertainment Permit for Brevard County Traveling Skate Park. 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: ccapecanaveralOcErr.com City of Cape Canaveral, Florida City Council Regular Meeting April 6, 2004 Page 2 of 2 CONSIDERATIONS: 7. Motion to Approve: Purchase of Five (5) LIFEPAK Defibrillators in the Amount of$8,975.00. ORDINANCES: Second Public Hearing: 8. Motion to Adopt: Ordinance No. 05-2004; Amending Chapter 38, Article IV Entitled Fireworks; Providing for the Prohibition of the Private Use, or Display of Fireworks, at second reading. ORDINANCES: First Public Hearing: 9. Motion to Approve: Ordinance No. 06-2004; Adopting a New Division Entitled Code Enforcement Citations, at first reading. 10. Motion to Approve: Ordinance No. 07-2004; Amending Chapter 78, Utilities; Providing for the Mandatory Connection to the City's Sewer System Where Available, at first reading. 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, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. 54pCE A�yJ J� stc' r City of Cape Canaveral - cmcw CAM C,MVNRAL Date: March 16, 2004 To: Bennett Boucher, City Manager From: Karen Hayes, Chairperson, Community Appearance Board Re: Interview of Prospective Board Member, Randy Wasserman ------------------------------------------------------------------------------------------------------------ At the Community Appearance Board meeting held on March 15, 2004 the Assistant City Attorney and Board members interviewed Mr. Wasserman. The Board members recommended that the City Council appoint Mr. Wasserman to the Board as an alternate member. Thank you for your consideration. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email:ccapecanaveral@cfl.rr.com FEB 2 3 2004 CITY OF CAPE CANAVERAL C i l C i r�5 c�f T,G,z PP ICAMM FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-179,Cape Canaveral Cnde 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. Pleasc c"mpict2 tf�2 fol :,rirrg in u SpuC2 provided: A. GENERAL n 1. Applicant Name: t�-���•( 1.�a 55 CSltila�v� 2. Home Address: /Q• &&%m-n« 3. Home Telephone: 4. Occupation: �C-���'a�►-, �t�a�YsT 5. Business Telephone: �`t� 5. Business Address: ' B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a Ciiy adviscry board or com-mitt. 1. Are you duly registered to vote in Brevard County? (Y.)_L/_L/(N) 2. Have you been a resident of the City of Cape Canaveral for 12 mon+hs or longer? (Y)_k/ (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) V/ 3b. if yes to 3a, have your civil rights been restored? m (N) 4a. Do you presently serve on any other City of Cape / Canaveral advisory board or committee? (Y) (N) V 4b. if yes to 4a, please list each: 5. Cifiy 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. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) Z(N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? � (N) 6b. If yes to 6a, please provide name(s) of person(s)and relationship to you- C. 1 NTERI=STSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: �.OMww�lyyiwMrl. � ;I C iY: C C(CPV-ti 4S-% 2_ Briefly stats any P; or experiences in.serving on any governmental board�f r cornrniisee: S¢vye� a5 -4K� bt> e S"+rXrts¢JaVP C.vt+ti.Y,: e _ w�•:4 alae--�:n4 FSV 3. Please list any specialized skills and training (e.g., architect engineer, general contractor, etc.) that you feel heir,to qualify you for membership on the desired board or committee: nn AALS!Y[ua p-'r �c�.lo+'n� ' 4 » .am me wT 4 l ��c 4. in numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 3 Beautification Board b. Board of Adjustment' C. Business and Cultural Development Board d. Code Enforcement Board` e. 2 Community Appearance Board* f. Construction Board of Adjustment and Appeals` g- Library Board h. Planning and Zoning Board* i. 1- Recreation Board j. Other: 'Members of these boards are required to complete and file with the Supervisor of Flections a financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the inifial appointment while still a member of said,board. 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 disaNiir'.es of board and committee members_ Please check the appropriate boxes: RACE GENDER African-American ✓ Male Asian-American Female Hispanic,Arnerican Not Known Native American Caucasian DISABILITY Not Known Physically.disabled YOU HERESY 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 RI&T TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-_325, FLORIDA STATUTES] AND THE FLORIDA nSUNSHINE LAW- [SECTION 286.011, FLORIDA STATU'T'ES], 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 subjed 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 contact the City Clerk's Office at(321)868-1221. Signature: ��'�' 4 Date: 2 'a„'s • U 1� Please return to: City of Cape Canaveral Office of the City Cleric 105 Polk Avenue Cape Canaveral, Florida 32920 Randall C. Wasserman 5801 N. Banana River Blvd. #933 Cape Canaveral, FL 32920-3983 Day: (321) 867-7317 Evening: (321) 784-9875 Education THE FLORIDA STATE UNIVERSITY, Tallahassee, Florida. August 1999 - April 2001 Rubin O'D. Askew School of Public Administration & Policy Master in Public Administration, April 2001 Graduate Certificate in Public Budgeting & Financial Management, April 2001 Additional Concentration: Local Government Administration Pi Alpha Alpha - Public Administration honors society; inducted April 2001 SYRACUSE UNIVERSITY, Syracuse, New York. August 1989 - May 1993 College of Arts and Sciences Bachelor of Arts, May 1993 Major: History Phi Alpha Theta - History honors society; inducted April 1993 Career Experience THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Kennedy Space Center, Florida. July 2001 - Present Program Analyst ➢ Provide resources management for approx. $30 million among several budgets ➢ Organize required data necessary for budget formulation and justification ➢ Develop annual financial operating plans ➢ Monitor programs/projects in the areas of cost,schedule,and performance ➢ Perform additional duties as assigned THE FLORIDA HOUSE OF REPRESENTATIVES - Business Regulation Committee staff Tallahassee, Florida. September 2000 - May 2001 Graduate Student Fellow ➢ Focused on bills impacting the Florida Dept. of Business and Professional Regulation ➢ Analyzed bills and amendments to assist Members and other stakeholders ➢ Assisted in the preparation of background and other legislative research material(s) ➢ Performed other office and support duties as necessary THE FLORIDA LEGISLATURE - Office of Program Policy Analysis & Govt. Accountability Tallahassee, Florida. January 2000 - August 2000 Graduate Student Intern ➢ Assisted in the research and analysis of Florida State Government offices and programs ➢ Primary assignments focused on Education performance,and Elder Affairs policy ➢ Performed other office and support duties as necessary CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 16, 2004 7:00 PM CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Mayor Rocky Randels Council Member Richard Treverton Council Members Absent: Council Member Jim Morgan Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Public Works Director Ed Gardulski CCVFD Chief Dave Sargeant Sheriffs Office Lt. Don Barker PRESENTATION: Donation by the American Legion Post 348 Mayor Randels reported that the American Legion Post 348 raised $1,000 for the Cape Canaveral Volunteer Fire Department. Mr. Bob Carney, Commander of the Sons of the American Legion introduced the attending Legion Members and said that the funds were a joint contribution from the American Legion and the Ladies Auxiliary. Mr. Carney presented the check to Chief Dave Sargeant of the Cape Canaveral Volunteer Fire Department. On behalf of the Fire Department, Chief Sargeant expressed thanks for their donation. He stated that donations are customarily used to support community efforts. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 2 of 10 BOARD INTERVIEWS: Connie Trautman, Community Appearance Board. Mayor Randels called Ms. Trautman to the podium. Ms. Trautman affirmed that all application questions were answered true and correct. Ms. Trautman replied to Attorney Garganese that she is a concerned citizen and brings that as her interest to serve on this Board. She also responded that she currently serves on the Recreation Board. Mr. Treverton spoke on Ms. Trautman's behalf as a neighbor and said that she maintains her property in an aesthetically pleasing manner. She replied to his question that she did not have any problem addressing applications that might involve neighbors. Mayor Pro Tem Hoog asked if she planned to stay on the Recreation Board. Ms. Trautman said yes. Mayor Randels explained that the Board overall has increased the City's aesthetic through a variety of homes and commercial projects. Mayor Randels stated that the Council would make a recommendation to appoint Ms. Trautman and a resolution would be on the next City Council meeting agenda. Lisa Moore, Community Appearance Board. Mayor Randels called Lisa Moore to the podium. Ms. Moore stated that she moved away and therefore resigned from the Beautification Board, however she returned and has been a resident for one year and desired to serve on this Board. Ms. Moore affirmed that all application questions were answered true and correct. She responded to Attorney Garganese that she would make the necessary decisions in the best interest of the City. She responded that her first preference is the Community Appearance Board. Mr. Miller addressed that in being a Realtor she might have to address concerns that might conflict with her real estate interest. Ms. Moore replied that she would abstain from voting on those issues. Mr. Treverton asked if she had any specialized training to offer the Board. Ms. Moore replied that she has a judicial and administrative procedures background. Mayor Pro Tem Hoog stated that her previous Beautification Board and real estate experience would be helpful to the Board and he thanked her for her interest. Ms. Moore responded to Mayor Randels that she envisions a more harmonious color scheme on the commercial corridor. Mayor Randels stated that a recommendation to appoint Ms. Moore would also be on the next City Council meeting agenda. Donald Dunn, Construction Board of Adjustment and Appeals. Mayor Randels called Donald Dunn to the podium. Mr. Dunn affirmed that all questions on the application were answered true and correct. Mayor Randels summarized that this Board renders decisions based on an applicant's appeal of the Building Official's decision. Mr. Dunn stated that he worked designing electronic equipment for the Federal Aviation Authority. Mr. Dunn replied to Attorney Garganese that he did not have an extensive knowledge of construction code. Mr. Dunn responded to Attorney Garganese that he would use the City codes to render decisions. Council members thanked Mr. Dunn for his City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 3 of 10 desire to serve on the Board. Mayor Randels stated that there was availability and a recommendation to appoint Mr. Dunn would be on the next City Council agenda. Mayor Pro Tem Hoog inquired about the two applicants for the Community Appearance Board and asked how the Council would determine the member and alternate positions. Mayor Randels said that traditionally the applicant that applied first would receive the first appointment. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 2, 2004. 2. Proclamation for Irish-American Heritage Month. Mayor Randels asked if any member of Council, staff or interested party desired to remove any Consent Agenda Item for discussion. No request was made to remove an item for discussion. A motion was made by Mr. Miller and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 and 2. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 3. Motion to Approve: Annual Audit for the Year Ending September 30, 2003 as Presented by Bray, Beck and Koetter, CPAs, P.A. Mr. Ed Beck introduced Mr. Charles Tucker, Audit Partner and Ms. Yvonne Clayborough, Senior Audit Manager to review the results of the annual audit. Mr. Tucker reviewed the points of the Audit Plan to include Florida Statutes, Rules of the Auditor General, the Compliance Audit Guide and other technical resources required to compile the audit. Mr. Tucker suspected additional standards for government in the future due to trends in the wake of the Sarbanes-Oxley Act. Mr. Tucker reported that there were no instances of non- compliance in audit reports and no material weaknesses of internal control. He also reported that there were no material instances of non-compliance in grant reporting. Ms. Clayborough reviewed the points of the management letter and any subsequent comments. Ms. Clayborough announced that GASB 34 reporting would begin next year; however staff has undergone significant training. She stated that there was minimal anticipated impact for the City using full accrual reporting. Ms. Clayborough noted an increase in the Capital Asset Floor to $1,000. Ms. Clayborough informed that SAS 99 — Assessing Fraud Risk provides new guidelines for an auditor during the audit process. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 4 of 10 This provision widens the interviewing scope to include Council members and staff. Mr. Clayborough also noted that the New Independent Standards monitor the actions that an auditor is allowed to perform during the course of an audit in order to remain independent of the City's financial functions. Ms. Clayborough reported that the Building Department would benefit from additional formal, written procedures to provide efficiency and consistency from one Building Official to another. Ms. Clayborough reviewed the Unreserved Fund Balance and Retained Earnings. She stated that the City is well above the benchmark in maintaining its fiscal assets. The City's debt ratio per capita was well below other municipalities. Mayor Randels inquired if the fire truck was the notable debt incurred. The auditors affirmed. Ms. Clayborough reviewed General Revenues versus employees and stated that the City's revenue base has grown significantly. The City might also want to consider additional personnel in order to better manage its services efficiently. Ms. Clayborough stated that the City is gaining more in generating revenue from Other Services and the City is doing well in managing its investment income in a tight economy. She reviewed the General Fund Revenues by Source and Expenditures by Activity. Public Safety shows a continued increase of expenses in the budget. Ms. Clayborough stated that on the Sewer Fund Operating Revenues and Expenses the City was near a break-even point in the current year. The auditors would continue to monitor this trend. Mayor Randels expressed his concern over Expenses nearing Revenues in Sewer Fund Operations because the State's Bond Debt requirement of 1.25. Mr. Treverton noted that anticipated new residents would impact sewer operations and revenue should follow to offset the Sewer Fund Operating budget. Mr. Boucher brought attention to the General Obligation Debt on Page 67 and noted that the City has room to develop. Mr. Boucher responded to Mayor Pro Tem Hoog `s question on the increase in Public Safety expense that the City proactively took action and secured additional personnel in Police, Fire and the Building Department in light of development. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve the Annual Audit Ending September 30, 2003. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. The Chair called for a brief recess. The meeting reconvened at 8:15 P.M. 4. Motion to Approve: Emergency Repair of a Sanitary Sewer Main. Mayor Randels stated that the Public Works Director received three quotes to perform the emergency repair and the Public Works Director is requesting $84,500 to award the bid to the lowest bidder. Mr. Gardulski clarified that three written quotes were received. Some additional costs might be required for de-mucking at the location. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 5 of 10 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve the Emergency Repair of a Sanitary Sewer Main in an Amount of$84,500 for Atlantic Development of Cocoa, Inc. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Proposal from J & S Curb/Concrete, Inc. to Construct a Sidewalk on Washington Avenue. Mayor Randels expressed concern over the new requirements for sidewalk construction over vacant lots making the process cumbersome. Mr. Gardulski stated that his goal is to follow the established sidewalk plan. He clarified that the project includes from the 200 Block of Washington Avenue to Ridgewood Avenue. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve the Proposal from J & S Curb/Concrete, Inc. to Construct a Sidewalk on Washington Avenue in the Amount of$8,342. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Approve: North Atlantic Avenue Street Lighting. Mayor Randels displayed a photo of the proposed teardrop light fixture intended for the west side of North Atlantic Avenue. Mr. Boucher told Mr. Randels that Mr. Gardulski provided a foot-candle measurement in the packet and a 160-square feet spacing provides adequate overlap of lighting. Mayor Pro Tem Hoog inquired about the difference between white lights versus the sodium lighting. Mr. Gardulski replied that this lighting is for a main artery and it would be in the City's best interest. Mr. Boucher informed that the proposed lighting could be viewed at the Roundabout in Viera. Mr. Leo Nicholas inquired about cost. Mayor Randels read the lighting specifications and stated the cost as $28,432. Mr. Nicholas asked about the operating cost. Mr. Boucher replied that the cost is the standard usage fee for the utility poles. Mayor Pro Tem Hoog said that the cost$178 per month for 12 poles. Mr. Boucher clarified that funding for the lights would come from Beautification. Ms. Shannon Roberts supported the white lights versus amber from a public safety standpoint. A motion was made by Mr. Treverton and seconded Mr. Miller to Approve North Atlantic Avenue Street Lighting. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 6 of 10 ORDINANCES: Second Public Hearing: 7. 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. 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 AN EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Ordinance No. 04-2004 at second reading. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 8. 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. Mayor Randels read Ordinance No. 05-2004 by title. 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. Attorney Garganese reported that Attorney Michelle Jackson of the State Attorney's Office had reservations about the language prohibiting private possession and storing of fireworks. Lt. Don Barker stated that private possession is allowed under State law and said that under City law it could not be prohibited. Attorney Garganese stated that he planned to contact Ms. Jackson prior to amending the language. Mr. Boucher suggested that the Council take action and make any amendments at the ordinance's second reading. Mr. Treverton inquired about the penalty for discharging fireworks. Attorney Garganese stated that fines were omitted from this ordinance and he would draft an City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 7 of 10 enabling ordinance to permit the City to issue civil citations for the next meeting. Attorney Garganese said that law enforcement needed a tool to administer civil citations. Lt. Barker expressed favor with the City's intent toward civil enforcement. Ms. Shannon Roberts asked if witnessing discharge is a requirement for enforcement. Mayor Randels replied that witnessing would be a requirement similar to any other criminal procedure. Mayor Pro Tem Hoog requested an article on the new fireworks ordinances in the next City newsletter. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 05-2004 at first reading. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 9. Motion to Adopt: Resolution No. 2004-10; Casa Del Vista Final Replat. Mayor Randels read Resolution No. 2004-10 by title. 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. Mayor Randels reported that the Planning and Zoning Board approved the Final Replat at their meeting on February 11, 2004. Mayor Randels stated that this project is a triplex at the corner of Lincoln and Ridgewood Avenues. The addresses are 7051, 7061 and 7071. Mayor Pro Tem Hoog requested to abstain from voting due to a business conflict of interest. [Conflict of Interest Form 8-Attached to the meeting minutes.] A motion was made by Mr. Miller and seconded by Mr. Treverton to Adopt Resolution No. 2004-10. The motion carried 3-0 with voting as follows: Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. 10. Motion to Adopt: Resolution No. 2004-11; Authorizing the City Clerk to Make Certain Corrections to the Official Zoning Map. Mayor Randels read Resolution No. 2004-11 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE CITY CLERK TO MAKE CERTAIN CORRECTIONS TO THE CITY OF CAPE CANAVERAL'S OFFICIAL ZONING MAP AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE OFFICIAL ZONING MAP; PROVIDING FOR SEVERABILITY, THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, RECORDATION AND AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 8 of 10 Mayor Randels read the resolution in its entirety in order to provide clarification on the need for the corrections. There were questions due to an application presented to the Planning and Zoning Board. The City did address the issue in 1980, however staff at that time did not make the anticipated changes. Mayor Pro Tem Hoog questioned the difference in the footage that Mr. Venable presented from that on the map. Attorney Garganese replied that the City Planner sent Mr. Venable a letter stating that the boundary line was at 350 feet and Mr. Venable used the information on his survey. Subsequent review discovered that the line should reflect 361 feet. Attorney Garganese stated that on July 15, 1965 the City Council adopted Ordinance 81- 64-E that established the C-1 Commercial district boundary for this particular area of the City. No record has been found to reflect that action was taken to correct the zoning map. Under City code section 110-247, the City Council can correct scrivener's errors as long as that correction does not amend what was decided by a zoning ordinance. Mr. Boucher replied to Mayor Pro Tem Hoog that the surveyor determined the footage as 361 feet and Mr. Venable has been notified. Mayor Randels called for clarification of the additional whereas clauses to the resolution from the City Attorney. Attorney Garganese stated the additional amendments : 1) that the C-1 Commercial district boundary was established by Ordinance No. 81-64-E on July 15, 1965 and the C-1 zoning line was not changed from that date forward, 2) City code section 110-247 permits the City Council by Resolution to correct scrivener's errors on the zoning map and 3) in Section 1 of the Ordinance, the City Council hereby directs that the C-1 commercial district boundary described in Ordinance No. 81-64-E as depicted on the attached Exhibit A pursuant to the professional land survey of 1980 be depicted on the official zoning map of the City of Cape Canaveral. There was no public comment. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Authorize the City Clerk to Make Certain Corrections to the Official Zoning Map to Include the City Attorney's Amendments. The motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher reported that he submitted two reports on the space needs assessment for public safety facilities. He requested to defer the Code Review meeting until April 20th in order to workshop the space needs assessment on April 6th. Council concurred. Mr. Boucher would also provide a written report to Canaveral Port Authority. • Mr. Boucher also reported on the model space shuttle project. He presented several models on a storyboard display. Mr. Rob Lucheck from Top Flight is working on a computer-generated model for project construction. He noted that the proposed stand is the City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 9 of 10 same as that used at the Veterans Memorial museum on Merritt Island. Mr. Boucher informed that Mr. Dennis Jenkins of NASA is a project consultant and this project would help formulate the first digital shuttle model. • Mr. Boucher related that Ms. Christina Brown of NASA offered to take information to our sister City, Vila Do Bispo during her upcoming visit. Mr. Boucher thanked NASA for their assistance. • Mr. Boucher reported that Florida Power and Light replied that they would not move the feeder pole on Chandler Street unless at the owner's expense. Also, the adjacent property owner expressed disapproval on the applicant's request of 14-feet. • Mr. Boucher commended the City Treasurer and her staff on a successful audit. 2. Staff Mr. Gardulski • Mr. Gardulski reported that bids were published for Wastewater Treatment Plant System Improvements and the Reuse Line. City Treasurer • No report. Mr. Morley • Mr. Morley announced that the Manatee Sanctuary Park Pavilion is underway. The entrance at Central and Thurm would be closed for several days. City Clerk • Ms. Stills reported that the new Code Supplements are available and asked Council members to bring their codebooks to the Clerk's office for revision. City Attorney • Attorney Garganese spoke on a possible vested rights hearing as a quasi-judicial matter. He advised the Council on speaking to any person regarding Madison Cay [Sand- in-the-Shoes] prior to the hearing. The City Manager would research if a resolution has been adopted regarding ex-parte communications. He said that if it is found that ex-parte communications are allowed and the applicant is allowed to speak to members of the Council outside of a meeting, the Council should keep in mind that this would make the applicant privy to information prior to the meeting. Council members expressed to review facts in a public meeting. City Attorney would convey to the applicant's attorney that the Council would prefer to review the facts in a public forum. AUDIENCE TO BE HEARD: • Ms. Shannon Roberts expressed that the neighboring time-share provides a high traffic environment for adjacent residents especially in light of the most recent Bike Week event. Mr. Boucher recommended that Ms. Roberts report any irregular activity to staff. • Ms. Roberts asked the Council to consider an historical museum in light of the City's significant historical events. Mayor Randels informed that the Port is pursuing a maritime museum. Mr. Boucher suggested combining the projects. City of Cape Canaveral, Florida City Council Regular Meeting March 16, 2004 Page 10 of 10 • Mr. Trent Milliken stated that he replied to Attorney Garganese's notice on the code. Mr. Milliken said that what the Council had before them was his answer to the City Attorney's proposal. Mr. Milliken requested to read his letter from the City Attorney. Mayor Pro Tem Hoog suggested that Mr. Milliken meet with the City Attorney and City Manager. Attorney Garganese stated that he would review and study Mr. Milliken's response with the City Manager. Attorney Garganese would contact Mr. Milliken with their comments. 3. City Council Mayor Pro Tem Hoog • Mayor Pro Tem Hoog inquired about the landscaping at Fairvilla. Mr. Boucher replied that Fairvilla has no problem with the landscaping, however they are contesting sidewalk installation. Mayor Randels • Mayor Randels announced the Professional Art Show on Saturday, March 201h at the Library. • Mayor Randels announced that Cape Canaveral would host the Space Coast League of Cities meeting in April. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, ANIS OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOA OUNCIL,COMMISSION.AUTHOR Ii l.OR COMMITTEE MAILING ADDRESS I THE BOARD.COUNCIL COMMISSION,AUTHORITY OR COMMITTEE ON ! 21 O :t"V_Z cw _ W61—TY t SERVE IS A UNIT OF: ! CITY COUNTY QTY ❑COUNTY 0 OTHER LOCAL AGENCY Cap- _QNAME OF POLITICAL SUB 1 N: f DATE ON WHICH VOTE OCCURRED tom-- 1 P JA N�4� � -�' MY POSITION IS: � 6- O [aYELECTIVE 0 APPOINTIVE I WHO MUST FILE FORM 88 This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission, authority,or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason,please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 912.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain.or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S.,and officers of independent special tax districts elected on a one-acre,one-vote basis are not prohibited from voting in that capacity. For purposes of this law,a"relative"includes only the officer's father,mother,son,daughter,husband,wife,brother,sister,father-in-law, mother-in-law,son-in-law, and daughter-in-law.A"business associate"means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property,or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). f M R f f ♦ t f R f t .t R t f f ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. f f f , R f f f f f • f f f R f APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before mating any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) C€FORM 88-EFF.U2OW PAGE 1 i APPOINTED OFFICERS (continued) ! • A copy of time form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is flied. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on_ A QC (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, r inured to the special gain or loss of my relative, _ inured to the special gain or loss of — ,by whom I am retained;or inured to the special gain or loss of— ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE f CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 88-EFF.1/2000 PAGE 2 WHEREAS,in 1872, 1 Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS,this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska, and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS,trees can reduce the erosion of our precious topsoil, cut heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide a habitat for wildlife; and WHEREAS, trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim April 29, 2004 as ARBOR DAY in the City of Cape Canaveral and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and to plant trees to delight the hearts and promote the well being of this and future generations. Meeting Type: Regular t_ Meeting Date 04-06-04 AGENDA Heading Consent euserr Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-12, APPOINTING A REGULAR AND ALTERNATE MEMBER TO THE COMMUNITY APPEARANCE BOARD DEPT)DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2004-12, appointing a regular and alternate member to the Community Appearance Board. Summary Explanation& Background: City Council decided to appoint the regular member based upon the first application being filed with the City. Therefore,Lisa.Moore would be the regular member and Connie Trautman would be the alternate member. Exhibits Attached: Resolution No. 2004-12 and applications City Man Office .. Department LEGISLATIVE ca \mydouments council\meeg\2004\04-06-04\2004-12.doc RESOLUTION NO. 2004-12 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER AND ONE ALTERNATE MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 22-37(a) created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular member and an Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Lisa Moore is hereby appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2007. SECTION 2. Connie Trautman is hereby appointed as an alternate member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2007. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 6th Day of April 2004. City of Cape Canaveral Resolution No. 2004-12 Page 2 of 2 Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Jim Morgan Susan Stills, CITY CLERK Rocky Randels Richard Treverton APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY Nov 12 03 01 : 09p COCOA BEACH REALTY 321 784 4200 P. 1 g- I;M CITY OF CWE CANAVERAL APPUC-ATION POR APtsOINTIVIENT TO CITY ADVISORY BOARD OR COMMITTEE Purmant to Section 2.171,Cape Canaveral Code City Cods requires prospective and exlsbng 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 Lave be-on restored. Please complete the foitowing in the space pr:wided, A. GENERAL 1. Applicant Name' Lisa Moore 2. Home Address: 8891 Lake or #502, 3. Horne Telephone: (321)783-06E 8 4. Occupation: Realtor 3. Business Telephone: (321)783-42C0 6_ Business Address: 120 Canaverzl Plaza, Cocoa Beach, FL 3293)„_T B. ELIGIBILITY The irj4rmation provided in this section is fvr purposes of determining wheftr you are efgUe to serve on a City advisory board or comrtritts-ae. 1. Ars you duty registered to vote in Brevard County? (Y) x (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or logger'? (Y) x (N) I lived in Cape Canaveral from 3a. Have you ever been convicted or found guilty, regdrdless 8/2000-4/2002 and 3/21303 to presnt of zdjudication,of a felony in any jurisdiction? Any plea of nolo contenders(no contest)shan be considered a x conviction for purposes of this question. m (N) 3b. if yes to 3a, have your civil rights been restored? (Y) (N) 4a. Do you presently serve on any other City of Cape x Canaveral advisory board or oommHtee^ (Y) (N) 4b. If yes to 4e,please list each. r Nov 12 03 01 : 09p COCOA BEACH REALTY 321 784 4200 p, 2 5. City ordinance requires that all persons applying for a City advisacy board or committee must,roluntarily consent /� to a standard criminal background checK b0xo being initials appointed to a board or committee. Do you vOluntarily consent to having s standard badtgrawtd chack performed on you Ly the City of Cape Ganaverall (Y) x {N) ea. Are you related to a City Of Cape Cansreral Council (N) x member by Mood,adoption or marriaWl. gb. if yes to 6a,please provide name($)of p9mon(s)and relationship to You C. 1NTERESTSIEXPERIENCE i Brie fly stateQuleinterest in serving on a City advisory board or committee.t ;Y I believe 1n community involvem t and experience to help the Cit 2. Briefly state any prior experiences in serving on any governmental board or committee I was previously a member of g Please Cyst any _*;Mdaiized skills and training (e-g-. architrert. engineer, general se ctor.etc)that you feel help to,,ualify you for membership O+n the desired board or committee: I have been involved in real nd h _estate for vears aave an } r�fi in l i tv of 1 iV i nq hPrQ�_'. improving this area and maintaining, a__hidh aua _ Brevard County. 4. in numerics! sequence ('l " most interested), please rM* which advisory board or =-,j rittae on which you wish to sere e: a. Beautification Board b. _� Board of Adjusirnent' Business and Culturai Development Board d. _ Code Enforcement 8aard` e. x Community Appearance Board' f. �� Construction Board Of Adjustrnetnt and ApReels' g- ubrary Board h. Planning and Zoning Board' L Recreation Board j- Other.---. *Wnnbers of!hese bowls are Mquiried K complete and file wffh fhe Supervisor of Sections a Financia► ENsdasura Form upon $RPS rsaid board and Frio 1 of"ch year rtnWnt to ft9ow n9 the inIU WWbnVMwh#9 W c!msmberof said board. r Nov 12 03 01 : 10p COCOA BEACH REALTY 321 784 4200 P- 3 D. STATE REPORTING REQUIREMENT. Section 76 0.80, Florida Statutes, requires that the City annually submit 8 report to the Secretary of State disdosing race, gender and Phys?c;g disabilities of board and cornmittee members_ Please check the appropriate boxes: RACE •- G Afnow Male Asian Anoric,3r+ Ferrule Hispanic-American Not Knovm Native American X Caucasian QISABILITY Not Knovm 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 INFORMATIOK. YOU HEREBY ACKNOVWJEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.3'i1:326, FLORMA STATUTES] AND THE FLOWDA "SUNSHINE LAW [SECTI0N 2636.011, FLORIDA STATUTES], 1M>iICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A Cry ADViSORY ®PARD OR COMMITTEE, AND IF APPOINTED,R tS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • tnitiai appok*nent to any City bo6ni is sutyect to City Council approval following a brief interview before the City Council ata regularty sdtedused meeting. • Your appNcaW will remain elfectiv?fvr one year from the date of completion. • if you shouid have any questions regarding the cgmpietion of this appttcoon, please con tact the City Clerk's Office at(3:1)868-1221. ; Signature: '� Date: Please return to: City of Cape Canavaral Office of the City Cli-A 145 Polk Avenue ` Cape Caneveral, R36da 32920 r D'ec-11-03 02 : 17P City of Gape Canaveral 321 668-1248 P .p1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR C©MMITTEE Pursuant t4 Section 2.111, 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 following in the space provided: Q. GENERAL _ 1_ Applicant Name: 2. Home Address: 3. Home Telephone: 4. Occupation:_ nt'�f.Ll,�-� S. 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 board or committee. 1. Are you duly registered to vote in Brevard County? (Y) +� (N) 2. Have you been a resjdent of the City of Cape Canaveral for 12 manths or longer? (y) %/ (y) 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. M (N) 3b. If yes to 3a, have your civil rights been restored? (Y) (N) 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) 4b. if yes to 4a. please list each: n r x/11 �- Oen-li-03 01 : 17P City of Cape Canaveral 321 858-1248 P_02 5. 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. Do you voluntarily initials consent to having a standard background check performed on you 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 62, please provide name(s) of person(s) and relationship to you: C, INTERE5T51LXPERIENCE 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 b and 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 hoard or committee on which you wish to serve: a, Beaut?fication Board b, Board of Adjustment' C. Business and Cultural Development Board d. Code Enforcement Board` e. Community Appearance Board` f. Construction Board of Adjustment and Appeals* q, Ubr ary Board h. Planning and Zoning Board' i- Recreation Board j- Other: 'Members of these boards are regruired to complete and file with the Supervisor of Ejections a Financial Disclosure Folin upon appointment to said board and prior to Ju1y 1 of each year following the initial appointment while stilt a member of said board. Dec-11-03 01 : 18P city OV Cape canaver'a7 321 868-1248 P-03 d. STATE REPORTING REQUIREMENTS, Section 760.80, Florida Statutes, requires that the City annually submit a report to;he Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian-American Female Hispanic-American Not Known Nwive American ✓ Caucasian DISABILITY 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 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 follovAng a brief interview before the C4 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 contact the City Clerk's Office at(321) 868-1221. Signature: Date: /V(3 63 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 C G1'rl C 1::f:; t7A,'_ T!s v�'•.n -nu i c ;a �nouc •cin ,nom _ ., t'a'd _T0101 Oec-32-03 01 : 18P city of Cape Canaveral 322 g6g_22Q$ P_04 For Office Use Only: Date Appointed: Appointed by: Board Appointed to.- Term o:Term Expires: r" • 1 17o'd QS6r VS-' 1:9' H'TAHNIH I q 'a -ingHC lrt cc -c a �nra Meeting Type: Regular Meeting Date 04-06-04 AGENDA oma Heading Consent Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-13, APPOINTING A REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2004-13, appointing Mr. Donald Dunn as a regular member of the Construction Board of Adjustments and Appeals. Summary Explanation& Background: Mr. Dunn's term will expire on 12-15-2007. Exhibits Attached: Resolution No. 2004-13 and application City Ma a 'Office Department LEGISLATIVE /, kim\myd cement n council\meetin-g-t2804\04-06-04\2004-13.doc RESOLUTION NO. 2004-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-171(f) created a Board known as the Construction Board of Adjustments and Appeals; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Donald Dunn is hereby appointed as a regular member of the Construction Board of Adjustments and Appeals of the City of Cape Canaveral, Florida, with a term to expire on December 15, 2007. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 5th Day of April 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Jim Morgan Susan Stills, CITY CLERK Rocky Randels Richard Treverton City of Cape Canaveral Resolution No. 2004-13 Page 2 of 2 APPROVED AS TO FORM.- Anthony ORM:Anthony Garganese, CITY ATTORNEY 'L'T LJ�7 2 n ��A„R :: Lu04 CITY OF CAPE CANAVERAL cl-,tk's APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COf�IMITTEE Y� Pursuant to section 2471,Cape Canaveral Cade 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 following in the space provided: A. GENERAL 1. Applicant Name: D C) AJ�L D 7 . 2. Home Address: g '7 Z 1A �S l S C US co L) 3. Home Telephone: 37- �` y 5 q 4. Occupation: �y-7T- i2i=D 'J�Gt r� r rC too J' w d 2+C-eA-t"71 M C 3 U 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 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? (Y) �(N) 3a. Have you ever been convicted or found guilty, regardless of•adfudication, 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) 4' 3b. if yes to 3a, have your civil rights been restored? ( ) (N) 4a, Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N)-V 4b. If yes to 4a, please list each: f 5. 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. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (`� l� (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. 1NTBRESTSAD(PERiI NCE 1. Briefly state your interest in serving on a City advisory board or committee: wLS N 7-0 C i AiVCLi',1�'-P-I N —i C i T'y tUHC�fr 2. Briefly state any prior experiences in serving on any governmental 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 CT-IkIF-D F(`a t HE F 'iL7 eA,11 l0 ii V Sij r kinrc f-FV44 .(JA 77, -✓ ;�1 S S J YS G L$C —10 T'[-i C 4. In numerical sequence (1 = most interested), please rank whish advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* ,c_ _. -- Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board' f. - Construction Board of Adjustment and Appeals* g- Library Board h. 2. Planning and Zoning Board* L Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of EJec6ons a Financial Disciosure Foran upon appointrrwnt to said board and prior to July 1 of each year f+oliowing f to inihal appointment while stilt a member of said board. 1 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 GENDER African-American Male Asian-American Female Hispanic,Amedcan Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HERESY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMA71ON 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 HERESY 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 at(321) 868-1221., 1 Signature: �'�`'` Date: Please return to: City of Cape Canaveral Office of the City Cleric 105 Polk Avenue Cape Canaveral, Florida 32920 r Meeting YPe� Regular T Re lar Meeting Date 04-06-04 AGENDA Heading Consent eraeW�w�a Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RENEWAL OF TURF FERTILIZATION, INSECT, DISEASE AND WEED CONTROL SERVICE CONTRACT DEPT./DIVISION: PUBLIC WORKSBEAUTIFICATION Requested Action: City Council consider the annual renewal of the Turf Fertilization, Insect, Disease and Weed Control Service Contract with Black's Spray Service in the amount of$13,395 as recommended by the public works director. Summary Explanation& Background: See attached memo. This is a budgeted item and I recommend approval. Exhibits Attached: Public works director's memo dated 03-22-04 City Manar's Office ,-/, Department PUBLIC WORKSBEAUTIFICATION 9, cap m\my cumerrt`s Yn\council\rdeeting\2004\04-06-04\b1acks.doc MEMORANDUM TO: Bennett C.Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 22,2004 SUBJECT: City Council Agenda Item for April 6th, 2004 Black Spray Service's 2"d year renewal Fertilization, Insect, Disease, and Weed Control of Turf Areas In 2003 two (2)bids for the Fertilization, Insect, Disease, and Weed Control of Turf Areas, Bid#03-01 were received; Black Spray Service in the amount of$12,030 and TrueGreen Chemlawn in the amount of$14,358. A summary of these is attached. A third bidder, Massey did not meet the required bid date. The Public Works Director and City Clerk reviewed the bids. More so, staff had conversations with the all the vendor that had concerns. The scope of this bid is to provide fertilization, insect, Disease and weed control of turf areas with the City of Cape Canaveral. This bid is an annual contract, not to exceed five(5) years. The lowest bidder, Black Spray Service, has serviced the City of Cape Canaveral for over three years, hence has a strong knowledge of the scope of work. The work performance of this firm is excellent. Black Spray Service, Inc meets the bid requirements. City Council approved the bid contract on April 15th 2003. This is the second year of a five-year agreement. Black Spray Service agreed to continue the service at the original bid amount of$12,030. In addition, The City approved a change order in the amount of$1,365 new AIA landscaping areas. The total adjusted contract amount is $13,395 Recommend awarding the second year contract to Black's Spray Service in the amount of $13,395. Attachments CC: File II � BID TAB SHEET GRAND TOTAL I. PART 1 — FERTILIZATION, INSECT, DISEASE, AND WEED CONTROL $5,250.00 A. Mole Cricket Treatment, Infield/ 300.00 Ball field only 6 @ $50.00 B. Fire.Ant Treatment, Playground 450.00 Only 6 @ $75.00 II. PART II— FERTILIZATION OF - ORNAMENTA.LS 11150.00 Ill. PART III — FERTILIZAATION OF TREES 880.00 W. PART IV — HERBICIDE APPLI- CATION TO LANDSCAPED BEDS 4;000.00 TOTAL OF AREAS 1, 11, 111, AND IV $12,030.00 Contractor Information: K Nanie: BLACK'S SPRAY SERVICE Responsible Party: TERRY KENNEDY Address: 3625 NORTH COURTENAY PARKWAY MERRITT ISLAND, FL 32953 Phone: 452-4911 BLACK'S SPRAY SERVICE, INC. Serving Brevard County Since 1952 321-452-4911 3625 N.Courtenay Pkwy. Fax 321-452-0570 Lawn Care and Merritt Island,FL 32953 Pest Control April 28, 2003 Mrs. Kay McKee Public Works Supervisor City of Cape canaveral 600 Tower Blvd. rte"" .� �''" 0) Cape Canaveral, FL 32920 nh5. Dear Kay, This is our proposal for the landscape areas we looked at this morning. Cost per treatment Herbicide in Granular fertilizer Location the bed areas twice a year Church $ 25 $ 65 Recreation Center 60 105 Center North 60 85 Center South 20 55 Porter 25 75. Azteca 15 20 Doug Wilson 20 60 Total $ 225 $ 465 Please call me if you have any questions. Sincerely, l Terry Kennedy +r �V Meeting Type: Regular x Meeting Date 04-06-04 ' AGENDA o„a� Heading Consent Item 6 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR BREVARD COUNTY TRAVELING SKATE PARK DEPT./DIVISION: PARKS&RECREATION Requested Action: City Council consider the approval of the outdoor entertainment permit for the Brevard County Traveling Skate Park, as recommended by the parks&recreation director. Summary Explanation& Background: The traveling skate park is scheduled for April 16-18th and will be located in the annex parking lot. I recommend approval. Exhibits Attached: Recreation director's memo and application City Mana Is,,Office Department PARKS &RECREATION cape- m\my cumen a in\council\meeting\2004\04-06-04\skate.doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 N. Atlantic Avenue *P.O. Box 326 Cape Canaveral, Florida 32920 E-MAIL: parknrec@iu.net TO: Mayor, Council Members, City Manager FROM: Nancy Hanson, Parks& Recreation Director rf � f DATE: March 17, 2004 RE: Outdoor Entertainment Permit The Recreation Department has made arrangements to bring the Brevard County Traveling Skate Park to Cape Canaveral April 16-18, 2004. I have attached an Outdoor Entertainment Permit for your approval. The ramps will be set up in the south Annex parking lot on the morning of the 161', and removed Monday a.m. on the 191i. Hours of operation will be: Friday the 16th from 3:00-7:00 p.m., Saturday 181i 11:00 a.m.-7:00 p.m. and Sunday the 191'from 1:00-7:00 p.m. No one will be allowed to participate unless a parent permission form is filled out and signed for those under the age of 18. A helmet is required, kneepads, elbow pads and wristguards are strongly recommended. There will be supervision on site at all times. 03/15/2004 15:36 3216331850 PARKS & REC CENTRAL PAGE 02 Mar 08 04 11 : 12a Parks & Recreation Dept. 321-868-1227 p.2 CTTX OF CAFE CANAVERAL,FLORIDA APPLTCA.TION FOR SPECL&L OUTDOOR ENT'ERTADTMMXj T PER-MTr Permi;No. Date: The applicant or representative agrees to be on site at au times empowered with authovty over all aspects of the event and empowered to act for the applicant. Name of Applicant:r a t h;a S e h a n z Title Mameger�fentral Area Firm: Br vara cpunty Par4t $ penegation Rapt . Addim: 84 Fcrm�� fia-Is. Cnrna ., Florida 32522 — Telephone: ( 3 21)6rgZ4 FAX.-_ 21 16 3-n-i R-- Local Contact: N m n r {a n t pre Title' creation De Local Address(if different from above)_�,�n ly n+,antic Avenues R—A--o e s 3 2 6 Cape Canaveral - Mori—da 12g2 i TypeofEvcnc Traveling Skate Park Event D ate(s)in Cape Canaveral: Ay r i t l b-18 2004 Location(s): Dates) Timc Annex Parking Int ✓April i6tk1 :7 April 17 W—I 1 April 1Uh - 12 nQ n-7 p m Attach map(s)indicating event area and designated paridn„ areas. OTrafie Control rOUse of police/Fire Rescue Equipment OStmet Closing DVehicleslEquipment on Beach ppther OVeWcie Parking on City Property specify: By Signing tliis application,the apprcant acknowledges and agrees to the following provisiot►s: 03/15/2004 15:36 3216331850 PARKS & REC CENTRAL PAGE 03 Mar 08 04 ll : iza Parks & Reacreatien I1ept. 321 -668-1227 P. 3 I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any perwa for iajtuies received in couxaction with the staging, promoting, conducting or attendance of or at the outdoor s entertainment event, written.within limits of not less than 5300,000.00 daabage or injury to my one person for bodily injury or otherwise, plus S25,000.00 damage to property, and for not less than S500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise,plus 550,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entcrminmcnt panic,together with adequate evidence that the premiums are paid ' Name of Insurance Co: 1 d E�olicyo: Expiration Date: Og 13 1 q H. PROMOTTONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. M. EXPENSES/FEES 711=applicant agrees to pay the City,in advance,for any services provided by the City at the City's usual razes and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EMeTIONS Non-prafit organizations may seek a waiver of any of the outdoor entertainment code requirements ii the sections waived dealing with the health.safety and welfare of those in aiteudazec,as well as the general public,brave be=otherwise provided for as required by said code. List any exemptions you are seeking. Any and a{ i—p e&-mit -f e Date � pp castor r tativ itle roved by City of neral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the cyent withia the City of Cape Canaveral. For further information,please contact: City of Cape Canaveral Bennett C.Boucher,City Manager 105 Polk Avenue Cape Cauavcral,FL 32920 Phone: (407)859-1230 Fax: (407)799-3170 Meeting Type: Regular Meeting Date 04-06-04 AGENDA Heading Considerations orao..a.ua Item 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PURCHASE OF (5) LIFEPAK DEFIBRILLATORS IN THE AMOUNT OF$8,975 DEPT./DIVISION: FIRE/PUBLIC SAFETY Requested Action: City Council consider the purchase of five lifepak defibrillators in the amount of$8,975 as recommended by city staff. Summary Explanation& Background: These lifepak defibrillators will be installed at city ball, the recreation complex, library, police station and the public works facility. This purchase is on the state contract and funds will need to be appropriated since this was not a budgeted item. I recommend approval. Exhibits Attached: Medtronic Quote City Mana ffice Department FIRE/PUBLIC SAFETY a - \mydo uments 3 council\meeting\2004\04-06-04\lifepak.doc 03/IS/20<)4 11 23 FAX MEDTRONIC FHYSIO CONTROL ?t,(12r()()F Medtronic Myslo-Control Corp. 11811 Widows ROGG NE P.O.Box 97023 Redmond:WA 98073-9723 U-S A ww,w.medironiL,com PHYSIO-CONTROL tel $00.442.1142 lax 800.732,M6 0311912004 Dave Sargent Cape Canaveral Fire Rescue 190 Jackson Ave Cape Canaveral, FL 32920 Phone: (321)783-4777 Fax. (321)783-5398 dsargentQocvfd.org Dear Dave, Thank you for considering the LIFEPAKO family of products for your facility. Because of their proven performance and reliability, more hospitals and 9 out of the top 10 EMS systems in the U.S. have LIFEPAK defibrillators onboard. Our ultimate goal as the world leader in defibrillation technology is to enable you to improve outcomes for your patients. We want to be responsive to your needs as our customer.When you need to order supplies, including electrodes, cables, manuals, batteries, carry cases—,and more, please visit our convenient online store at http.,//www.physiocontrol.com/stare to enroil. If you need senfice,our field service representatives offer rapid response to service calls with 24-hour, 7-day-a- week availability. If necessary. we can provide equipment on loan. Only factory-trained professionals service LIFEPAK deflbrillators. Thank you again for considering LIFEPAK defibrillators. I am enclosing the Information you requested, as well as warranty information and terms and conditions for your review. I welcome the opportunity to visit with you to further discuss your needs. In the meantime, please feel free to contact me if you have any questions. You can reach me at 800-442-1142, ext.2485. Sincerely, Susan Cate Field Sales©OH-Southeast MEDTRONIC PHYSIO-CONTROL Enclusure(s) 2 0311S/2004 11 2S FAX MEIfTROqI� rHYSIO CONTROL 003/005 AL% Medtronic Physio-Control Corp. 11811 Willows Road NE P.O.Box 97023 Redmond,WA 941073-9723 U.3.A www.physlocontroi,00m ivieculvoric wNw.madl:r"amm, PHYS 10-CONT ROL Id 800,442.1142 fax 800,732 0966 To: Dave Sargent Cape Canaveral Fire Rescue aLlotbo" 11-OR37H 190 J ackson Ay* Cape Canaverw,Fl. 32920 Revd: PhQne (321)'763-4777 ovate Date: 03/1912004 Fax; (321)7W-6398 Sales Consultant: Susan Cote dsargentarAvi'd.org $00-442-1142 x 2465 FOB: Designation Sh9pirig: 30-45 Days T e M)6 Not 30,all quotes subject to credit apprcval and the following tows 9 Conditions FLORDIA SNAPS Exp Date; 06/1812004 Contrect- SNAPS It,4851067-4 I itle Partly P10tict oty U'llit PriQu Unit Risc Unit Ne" 10111 I 49401-00M141 26-LIFEIPAK 500 automated external 5 S2,996-00 $1,200.00 $1,795.00 $8,975.00 deftrillator with Adaptivilwiphasle waveform package 2-BUTTON NO AUDIO RECORDINC3. Includes one lithlum battery,ont Soft Carrying cm,two pair OJIK-COM80 pauirVdefbd1a0omJ ECG Lqecclrodetvvith REDI- PAK preounw.t systern,operating ns'r=lions and'1nservk;o video. Compatible with InfantlChIld RedLicad Energy3efibrillation Electrodes, Fivr, Year Warranty. GRAND TOTAL $8,975.00 Pricing Summary Totals -ist Price: $14.97t.Wj SNAPS 11,4651957-4 Contract Discount: GRAND TOTAL FOR THIS QUOTE $8,975.00; TO PLACE AN ORDER,PLEASE FAX COPY OF THE QUOTEIPURCHASE ORDER TO IMAX#800-732- 0956, AM. SALES SUPPORT. hin REQUIRES WRI11'EN VERIFICATION OF;THE ORDER OR.A PURCHASE ORD A. PLEASE Q-iEQK ONE: PURCHASER HAS PURCHASE ORDER SYSTEM. NAME PURCHASER DOES NOT HAVE, PURCHASE ORDER '9" STEM AND THE UNDERSIGNED IS AUTHORIZED TO TITLE ACCEPT THIS ORCiER ON THE TERI"AND PRICES QUOTED HEREIN, SIGN TO THE RIGHT, 3 9 Meeting Type: Regular Meeting Date 04-06-04 AGENDA Heading Ordinances-2"d Reading eraorr� Item 8 No. 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 OR DISPLAY OF FIREWORKS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider adoption of Ordinance No. 05-2004, amending Chapter 38, Article IV entitled Fireworks, providing for the prohibition of the private use or display of fireworks. Summary Explanation & Background: City Council directed the city attorney to draft this proposed ordinance to prohibit the private use or display of fireworks within the City of Cape Canaveral. I recommend approval. Exhibits Attached: Ordinance No. 05-2004 City Manage 's Mee Department LEGISLATIVE cape-n myd um in\council\meeting\2004\04-06-04\05-2004.doc 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 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 4`h 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.05-2004 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 r+r�out 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 a meaning and be subjeet to t eae✓eptiens and-exelusiensprevided in F.S. Seetie ''�z 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 meansparklers approved pursuant to Section 791.013,Florida Statutes or novelties trick noisemakers toy pistols or other devices in which paper caps containingtwenty-five wenty-five hundredths grains or less of explosive compound or mixture are used, as defined by Section 791.01(4)(b) and 791.01(4)(c) Florida Statutes, as may be amended. Sec. 38-82. Private use or display prohibited; Public displays authorized by permit only. The private use or display of fireworks shall be strictly prohibited unless otherwise provided by law, within the city limits of the City 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 may be changed or modified as necessary to effectuate the foregoing. City of Cape Canaveral Ordinance No.05-2004 2of3 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. 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. 05-2004 Page 3 of 3 X91' M `,t 97 1 M& Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR who on ADMI29-3/2&21X14 NOTICE OF PUBLIC HEARING The City Counca of me City of oath says that she is LEGAL ADVERTISING CLERK wN hod Of adopting Ordinance No. 05-2004 in the CM Hall Annex, of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; IN,Florida at 7:00 Po�A "��`�`-PM,on 7tles- day.April 6,MU The ordinance rrhaY be inspected N its entirety that the attached co PY g g businof advertisin bein a LEGAL NOTICE basin e� M office during ess rhburs(1130 am.to i90 P.M..A4arday-Friday). -. (AD#386129-$122.17) the matter of AN O�RDIINAN�CE OF 05-THE CITY OF CAPE CANAVERAL, FLORIDA.AMENDING CHAP- . CITY OF CAPE CANAVERAL X38,1 RTICREWORCis IV ENTI- OVID- ING FOR THE PROHI- in the Court DBITION ISPLAOFOFNATE USEOR FIREWORKS; PROVIDING FOR THE RE- NOTICE OF ORDINANCES OF PRRIONSS�ORDINANCESRE OLUTIONT.HINCORPORA- TIONMOSE CODE,SEVE- RABILITY AND AN EFFEC- TIVE DATE was published in the FLORIDA TODAYPursuantFlorida Sthe 2coy , advises the Public mat If a Per- deci- in the issues of MARCH 26, 2004 ioh�w yCCounci -with respect to any matter con- sidered at mis meeMIQ mat per- son-11 need a record of the pro- affiant further says that the said FLORIDA TODAY and for such pur- POW ff t Person might need to thatis a news a er in said Brevard Coun}�� Florida, and that the said newspaper has Mme ir ms's madbatim e, ny which of P P h', record (neud me tetimony and-We—upon which the ap- heretofore been continuously published in said Brevard County, Florida, regularly as Is to be based This norice� not c0nSfflute consent by the City for me tntrodu sm or stated above, and has been entered asP eriodicals matter at the post office in admission lnlo evidence of Other- wise t her-wise Inadmissible- or Irrelevant evidence,nor does it authorize MELBOURNE in said Brevard County Florida, fora period of one year next receding ) or aPPea�notO�- `J, P Y preceding wise allowed by taw. Persons wim disabllitfes needing assist- am the first publication of the attached copy of advertisement; and affiant further says that tie Proceedhhgssthouldcn.add the City Clerk's office(866-1221) 48 hours in advance of the meet- she has neither paid nor promised any person, firm or corporation any discount, rebate, Ing. Susan dStk,Cmc commission or refund for the purpose of securing this advertisement for publication in City said newspaper. (Signature of Affiant) Sworn to and subscribed before this this 261H day of MARCH.2004 1�Y PV OFFlGiALNQTAAYSEAL \- Otr " LINDALRRAUD �, (Signature of Notary Public) * OOMMtS5X) NUMBER Ic ON15812 9t MY C.OMMI5510N EXPIRES �oF Ft0 MAY 4.2405 LINDA L.BRAD (Name of Notary Typed,Printed or Stamped) Personally Known or Produced Identification Type Identification Produced Meeting Type: Regular Meeting Date 04-06-04 AGENDA 77 «' Heading Ordinances-I'Reading owerr� Item 9 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-2004, ADOPTING A NEW DIVISION ENTITLED, CODE ENFORCEMENT CITATIONS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading, Ordinance No. 06-2004, adopting a new division entitled, Code Enforcement Citations,providing for a civil citation program. Summary Explanation & Background: This proposed ordinance would establish a civil citation program to enforce city codes. The only city code that this would apply is the new Ordinance 05-2004 on the use of fireworks. City Council needs to determine the amount of the civil penalty for the unlawful use of fireworks. I recommend approval at first reading. Exhibits Attached: Ordinance No. 06-2004;city attorney memo dated 03-19-04 City Manager's Office - ' Department LEGISLATIVE \mydoc ents\ council\meeting\2004\04-06-04\06-2004.doc BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lazy Usher L.BrownOffices in Orlando,Kissimmee, Debra S.Babb-Nutcher Suzanne D'Agresta° Cocoa&Viera Joseph E.Blitch Anthony A.Garganese° Jeffrey P.Buak° Gary S.Salzman* John U.Biedenharn,Jr. John H.Ward' Lisa M.Fletcher Jeffrey S.Weiss Douglas Lambert Katherine Latorre Michelle A.Reddin Kimberly F.Whitfield 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City,County&Local Government Law Erin J.O'Leary Of Counsel March 19, 2004 Via Email Only Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: City of Cape Canaveral - General File No. 513-001 Ordinance 6-2004/ Code Enforcement Citations Dear Bennett: Enclosed is the Ordinance for Code Enforcement Citations for civil citations. Please place it on the next City Council agenda. As you know, this ordinance is required to effectively enforce the fireworks display ordinance which is scheduled for second reading at the next Council meeting. Please call if you have any questions. Very ours, Anthony A. Garganese City Attorney AAG/Ig Enclosure 225 East Robinson Street,Suite 660•P.O.Box 2873.Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144-Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net•Email:firm@orlandolaw.net ORDINANCE NO. 06-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, THROUGH THE ADOPTION OF A NEW DIVISION ENTITLED CODE ENFORCEMENT CITATIONS; PROVIDING FOR A CIVIL CITATION PROGRAM; PROVIDING THAT CITY CODES MAY BE ENFORCED BY CIVIL CITATION WHEN SPECIFICALLY PROVIDED FOR BY THE CITY CODE; CITATION FORM AND PROCEDURES; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR CITATION CONTEST PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,INCORPORATION INTO THE CODE, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the Florida Constitution to exercise any power for municipal purposes,except when expressly prohibited bylaw; and WHEREAS, Chapter 162, Florida Statutes, provides municipalities may designate the enforcement methods and penalties to be imposed for the violation of its codes and ordinances,such enforcement methods may include,but are not limited to, the issuance of a citation, in addition to hearings before the code enforcement board; and WHEREAS,the City Council believes in certain cases the only effective enforcement tool, due to the nature of the violation, is the issuance of a civil citation; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health,safety,and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Adoption. Chapter 2,Article VI,Division 3 of the Code of Ordinances, City of Cape Canaveral,Florida,entitled Code Enforcement Citations is hereby adopted as follows (underlined type indicates additions and strikeou type indicates deletions, while asterisks (* * *) City of Cape Canaveral Ordinance No.06-2004 Pagel of 10 Sec.2-282. Authorization of citation program. La) The City hereby adopts a code enforcement citation system to provide an additional and supplemental method of enforcing the enumerated codes and ordinances enumerated in section 2-283 or specifically made subject to this division elsewhere in the Cijy Code. The enforcement method shall be by the issuance of citations for violation of duly enacted City Codes and ordinances in accordance with the rules and procedures established by this division and Chapter 162,Florida Statutes. Code enforcement officers shall not have the power of arrest for purposes of bringing a violation in compliance. For each violation,the code enforcement officer shall determine, using reasonable discretion, whether to prosecute the violation through the civil citation system under this division and/or the code enforcement board. Sec. 2-283. Applicable codes and ordinances; class violation. La) The following City Codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: Chapter 38, Article IV,Fireworks. . . .Class III. In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. Sec.2-284. Training of code enforcement officers. U The training and qualifications of the code enforcement officers shall be established by the city council or city manager. Except for sworn law enforcement officers, the designation of code enforcement officers under this division does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officers to the provisions of chapter 943,Florida Statutes. Sec. 2-285. Citation powers; personal investigation; reasonable cause. Any code enforcement officer is hereby authorized to issue a citation to aperson when,based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the duly enacted code or ordinance which is either identified in section 2-283 of this division or specifically made subject to this division elsewhere in the City Code, regardless of whether the violation constitutes a repeat violation. Nothingin'n this section shall prohibit the City from enforcing its codes or ordinances by any other means. City of Cape Canaveral Ordinance No.06-2004 Page 3 of 10 indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE VI. CODE ENFORCEMENT DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2-280. Intent and purpose. La) It is the intent and purpose of this division to provide a supplemental procedure for the enforcement of City Codes and ordinances. Nothing;contained in this division shall prohibit the City from enforcing its Code and ordinances by any other lawful means. 2j It is also the intent and purpose of this division to enhance the effectiveness of code enforcement within the Cityby authorizing the enforcement methods and penalties contained in this division for the betterment and promotion of the public health,safety, and welfare of the citizens of the City. Sec. 2-281. Definitions. The following words and phrases shall have the meaning ascribed herein unless the context clearly indicates otherwise: U Code enforcement officer shall mean city manager designated employees or agents whose duty it is to enforce the City Code and ordinances. Code enforcement officers may include, but are not limited to, code inspectors, building_inspectors, the building official, law enforcement officers,fire safety inspectors,or any other employee or agent authorized by the city council and/or city manager. All such officers employed by the City shall receive training as prescribed by the city council and/or cijy manager. 2) Person shall mean any individual, associations,joint ventures,partnerships, corporations, trusts,sole proprietorships,and any and all other groups or combinations and legal entities. U Repeat violation shall be as defined by Chapter 162,Florida Statutes(2003),and as may be amended from time to time. Violation shall mean the act ofbreaking,infringing or transgressing any provision of the City Code, its ordinances or other law by a person,pursuant to this division. City of Cape Canaveral Ordinance No.06-2004 Page 2 of 10 officer shall write the words"refused to sign"or any other words of similar meaningin n the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible,or mail a copy to the person,if possible,by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the sheriff's office to report such violation of section 2-286(e) and section 162.210,Florida Statutes. Sec. 2-288. Citation form. Unless a uniform code citation is promulgated by administrative order issued by the chief judge of the eighteenth (18`x) judicial circuit or state statute, the citation issued by a code enforcement officer shall be in a form prescribed by the city council by resolution,and shall contain at a minimum the following: U The date and time of issuance; (b) The name and address of the person to whom the citation is issued; Lc) The date and time the civil infraction was committed; Ld) The facts constituting reasonable cause; Ce) The number or section of the code or ordinance violated; (�f The name and authority of the code enforcement officer; The procedure for the person to follow in order to pay the civil penalty or to contest the citation; The applicable civil penally if the person elects to contest the citation; Q The applicable civil penalty if the person elects not to contest the citation: and A conspicuous statement that if the person fails to pay the civil penalty within the time allowed,or fails to appear in court to contest the citation,the person shall be deemed to have waived his or her right to contest the citation and that,in such case,judgment may be entered against the person for an amount up to the maximum civil penalty. Sec. 2-289. Payment of penalty, court hearings. La) Citation not contested. If the person elects not to contest the citation,the person shall pay in full the applicable civil penalty, made payable by cash or check to the City of Cape Canaveral, and delivered to the 611 manager, within fourteen (14) calendar da s afte City of Cape Canaveral Ordinance No.06-2004 Page 6 of 10 a place for the signature of the person receiving the warning. If upon personal investigation,the code enforcement officer finds that the person has not corrected the violation within the time period,the code enforcement officer may issue a citation to the person who has committed the violation. The citation shall be in a form proscribed in section 2-288. Repeat violation,serious threat to public, or irreparable. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to the issuance of a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the,public health, safety or welfare,or if the violation is irreparable or irreversible. O Delivery of citations. After issuing a citation to a person,the code enforcement officer shall: Deposit the original citation and one(1)copy of the citation with the clerk of court for the Brevard County Court. Provide the person cited with one(1) copy; and Retain one (1) copy in the code enforcement officer's case file. Ld) Issuing citations to persons. Written warning notices, if applicable, and citations shall be issued to a person as follows: If the person is an individual, the code enforcement officer shall issue the warning notice or citation to the person by hand delivery. In the absence of the person who has committed the violation, issuance of a warning notice or citation may be accomplished b leaving a copy of the warning notice or citation at a person's usual place of residence with any person,residing therein who is fifteen(15) years of age or older and informing the person ofthe contents or forwarding a copy of the warning notice or citation by registered or certified mail,return receipt requested. If the person is a business or other entity,the code enforcement officer shall issue the warning;notice or citation to any emplo e�principal of the entity, during regular business hours, and inform the employee or principal of the contents or by forwarding a copy of the warning notice or citation by registered or certified mail, return receipt requested. Each employee of the business or principal shall be deemed to be an agent of the business for service of warning notices and citations. O Person required to sign citation. Except in the absence of the person who has committed the violation a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement City of Cape Canaveral Ordinance No.06-2004 Page 5 of 10 Sec.2-286. Violation; penalties—General. (q A violation of a City Code or ordinance specifically made subject to this division is hereby deemed a civil infraction. fl2j Each violation of a City Code or ordinance specifically made subject to this division is a urate civil infraction. Each daysuch violation shall continue shall be deemed to constitute a separate civil infraction. Loi The maximum civil penalty pursuant to this division, shall not exceed Five Hundred & N0/100 Dollars ($500.00)]21us all applicable court costs and legislative assessments, per violation. U Any citation issued pursuant to this article may be contested in county court. (ej AM person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in section 775.082 and section 775.083,Florida Statutes. The provisions of this part shall not apply to enforcement pursuant to section 553.79 and 553.80 of the Florida Building Code, as applied to construction, provided that a building permit is either not required or has been issued by the City. Sec. 2-287. Citation issuance procedure. All citations issued pursuant to this division by a code enforcement officer shall be in accordance with the following procedure: Uq Warning Notice. Except as provided in 2-287(bl. a code enforcement officer shall provide a warning notice prior to issuing a citation. The warning notice shall at a minimum provide the following: the code or ordinance provision violated: the date of the issuance of the warnin ng o specified time for compliance(the time period for compliance shall not exceed thirty 30 dash L4) maximum amount of fine if violation is not corrected; code enforcement officer's signature; and City of Cape Canaveral Ordinance No.06-2004 Page 4 of 10 issuance of the citation. The civil penalty shall be deposited in the city's general fund. By payingthe citation,the person shall be deemed to have admitted the infraction and waived the right to a hearing. The cily manager shall instruct the code enforcement officer who issued the citation to promptly notify,in writing,the clerk of the court for the county court that the person elected not to contest the citation and the matter involving the particular paid citation has been closed and requires no hearing before the court bb) Failure to pay citation and request court hearing. If the person cited fails to pay the civil penalty by the fourteenth (14th) calendar day after the issuance of the citation or fails to request a court hearing within the time prescribed in section 2-289(c),the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civil penal1yplus applicable court costs.In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to pa orrequest a court hearing.Failure to respond to an order to show cause may result in issuance of an arrest warrant or other lawful action by the court. Lc� Citation contested.Ifthe person elects to contest the citation,the person shall,within twgnt - one 21)calendar days of issuance of the citation,request,in writing,the clerk of the court for the county court to schedule a hearing before a cog= judge. The person shall immediately notif y the City of the request for hearing by U.S. mail or hand delivery to the city manager. Said hearing shall be scheduled as soon as the court calendar shall permit. Ld) Judicial determination ofviolation andpenalties:civil iudgments:payment o civil iudgment. M A coggyjudae, after a hearing on the citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the co=judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all gpplicable costs of prosecution and legislative assessments, plus applicable court costs,• in no event,however,shall such civil penalty imposed by the county judge be less than the reduced civil penalty set forth herein The county judge mayprovide for the civil penalty to be paid,and the violation to be corrected,within such time as the co=judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided,a civil judgment shall be entered against that person in an amount up to the maximum civil penalty plus applicable court costs. Should the person cited schedule a hearing as provided for herein and thereafter fail to appear at such hearing the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty plus applicable court costs; provided, City of Cape Canaveral Ordinance No.06-2004 Page 7 of 10 however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event the clerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing.In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing?.Failure to respond to the order to show cause may result in issuance of an arrest warrant. Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect. { In the event that a civil judgment is entered against the person cited as provided herein the City may record a certified copy of said judgment in the official records of the county and the same shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. ( In the event that an order is entered finding that a violation of the ordinance cited has been committed, the City may record a certified copy of said order in the official records of the county and the same shall thereafter constitute notice to and be binding Won the violator and any subsequent purchasers,successors in interest or assigns if the violation concerns real properly, and the findings therein shall be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property. Payment of any civil penally imposed by civil judgment or county judge shall be made to the clerk of the court, who shall forward the monies collected to the city manager for deposit into the city's general fund. If a judgment has been entered for the civil penally, the clerk of the court shall notify the City when the judgment has been paid and the necessary satisfaction of judgment shall be prepared and recorded in the official records of the county. Should the provisions of this Section 2-289 conflict with any administrative order issued by the Court which sets forth the Court's procedures required for handling code enforcement citations the conflicting provisions of the Court's administrative order shall prevail. Sec. 2-290. Authorization to enter upon property. A code enforcement officer charged with the duty to enforce this division shall have the right to enter upon private real prop=in accordance with applicable federal and state law. If entry upon private real property is denied the city manager is hereby authorized to direct the city attorne�to City of Cape Canaveral Ordinance No.06-2004 Page 8 of 10 obtain an inspection warrant from a court of competent jurisdiction for purposes of authorizing a code enforcement officer to inspect the private real property and personal property thereon. Sec. 2-291. Classes of violations and penalties. I All violations of City Codes and ordinances authorized for enforcement under this division shall be classified and assigned civil penalties as follows: Violation Civil Penalty Class I 100.00 Class H 200.00 Class III 300.00 Class IV $500.00 Any City Code or ordinance enacted subsequent to the adoption ofthis division may set forth the applicable civil penalty for violations by designating the appropriate violation classification provided in this section. Lc) All City Code or ordinance provisions which are subject to this division and which do not specifically set forth an applicable civil penalty classification shall be penalized as a Class I violation. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council,or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural,or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City City of Cape Canaveral Ordinance No.06-2004 Page 9 of 10 Charter. ADOPTED by the City Council of the City of Cape Canaveral,Florida,in a regular meeting assembled on the day of ,2004. ROCKY RANDELS Mayor ATTEST: For Against SUSAN STILLS Bob Hoog City Clerk Steve Miller Jim Morgan Rocky Randels Approved as to legal form and sufficiency Richard Treverton for the City of Cape Canaveral only: Anthony A. Garganese,City Attorney First Reading: Second Reading: Effective Date: City of Cape Canaveral Ordinance No.06-2004 Page 10 of 10 Meeting Type: Regular Meeting Date 04-06-04 AGENDA Heading Ordinances-I'Reading Item 10 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-2004, AMENDING CHAPTER 78, UTILITIES, PROVIDING FOR THE MANDATORY CONNECTION TO THE CITY SEWER SYSTEM WHERE AVAILABLE DEPT./DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider at first reading Ordinance No. 07-2004, amending Chapter 78, Utilities, providing for the mandatory connection to the City's sewer system where available. Summary Explanation& Background: This code amendment was derived from a recent code review meeting. I recommend approval at first reading. Exhibits Attached: Ordinance No. 07-2004;city attorney's memo dated 03-26-04 City Mana j Office Department PUBLIC WORKS/WWTP ape- \mydoc meats\a' ouncil\meeting\2004\04--06-04\sewer.doc BROWN, SALZMAN, WEISS Sc GARGANESE, P.A. Attorneys at Lase Usher L.BrownOffices in Orlando,Kissimmee, Debra S.Babb-Nutcher Suzanne D'Agresta° Cocoa&Viera Joseph E.Blitch Anthony A.Garganese° Jeffrey P.Buak° Gary S.Salzman* John U.Bledenharn,Jr. John H.Ward' Lisa M.Fletcher Jeffrey S.Weiss Douglas Lambert Katherine Latorre Michelle A.Reddin 'Board Certified Civil Trial Lawyer Kimberly F.Whitfield *Board Certified Business Litigation Lawyer °Board Certified City,County&Local Government Law Erin J.O'Leary Of Counsel March 26, 2004 Via Email Only Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance No. 07-2004 Dear Bennett: Enclosed is Ordinance 07-2004 amending Chapter 78 of the City Code of Ordinances regarding mandatory connection to the City's sewer system. The proposed changes were directed by the City Council at a code review workshop. Please place the Ordinance on the next City Council Agenda for the City Council's consideration. Also please send a copy to Ed Gardulski, Public Works Director, for his review. In addition,as we discussed, Section 78-34 currently requires a property owner to hook up to the City's sewer system when the sewer main line is Within 150 feet of the property-owner's property. However, Section 381.0065, Florida Statues defines the term "available." The term available is used to determine when a property owner is required to hook up to a publicly-owned or investor-owned sewage system. You should be aware that the requirements under this statute are inconsistent with Section 78-34 of the City's Code and would likely require more properties to hook up to the City's sewer system. I understand that the City has considered this statute before and made a policy decision to adopt the 150-foot rule. Notwithstanding, I have enclosed the relevant parts of Section 381.0065, Florida Statutes for the City Council's consideration. If you have any questions, please do not hesitate to call. /V:eours, Anthony A. Garganese City Attorney AAG/Ig Enclosures 225 East Robinson Street,Suite 660-P.O.Box 2873.Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596-Kissimmee(321)402-0144-Cocoa&Viera(866)425-9566 Website:www.orlandolaw.net-Email:firm@orlandolaw.net ORDINANCE NO.07-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES, UTILITIES; PROVIDING FOR THE MANDATORY CONNECTION TO THE CITY'S SEWER SYSTEM WHERE AVAILABLE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority,under Section 2(b), Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to amend Chapter 78 of the City Code; and WHEREAS, Section 381.00655, Florida Statutes, requires property owners utilizing a properly functioning onsite sewage treatment and disposal system to connect the system or the building's plumbing to an available publicly owned or investor-owned sewerage system; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety,and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,Florida,as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 78 of the Code of Ordinances,City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 78. It is intended that the text in Chapter 78 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.07-2004 Page 1 of 4 Chapter 78 - UTILITIES ARTICLE II. SANITARY SEWER SYSTEM DIVISION 1. GENERALLY Sec. 78-27. Connection with sewer--Required. The owner of each lot or parcel of land within the city upon which lot or parcel of land any building or trailer used as a dwelling is situated for either residential, commercial or industrial use shall connect or cause such building or trailer to be connected with the public sewer facilities of the municipal sewer system of the city and use such facilities within 66 365 days following notification to do so by the city. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by the city council, which rules and regulations shall provide for an inspection fee for inspecting such connections in an amount as set forth in appendix B to this Code. Sec. 78-31. Connecting old plumbing. Whenever it is desirable to connect old exterior plumbing with the city sewer main, the owner or plumber contemplating doing such work shall notify the building offi Public Works Director, who will inspect the old exterior plumbing and notify the owner or plumber if alterations will be necessary to place the old exterior plumbing in an acceptable condition for such connection. Sec. 78-34. Septic tanks. Except as provided in this section, no new septic tanks shall be permitted to be installed in the city after April 3, 1990. If a sewer main line of the city is not located within 150 feet of a parcel of property,the owner of the property may install a septic tank to service structures to be built upon the property until a sewer main line is installed within 150 feet of the property.Requests to install septic tanks shall be decided on a case-by-case basis.Installation of septic tanks shall be approved by the city only to relieve a hardship and shall not constitute a change of the city's comprehensive plan. Whenever a sewer main line is installed within 150 feet of a property serviced by septic tank, the owner of such property shall be required to discontinue use of the septic tanks and shall connect to City of Cape Canaveral Ordinance No.07-2004 Page 2 of 4 the city sewer system within 60 365 days following notification to do so by the city. The city shall notify the owner of the property of the availability of the city sewer system. No less than I year prior to the date the city sewer system will become available the city shall notify the affected owner of the anticipated availability of the city sewer system and shall also notify the owner that the owner will be rewired to connect to the city sewer system within I year of the actual availability. Sec. 78-35. Maintenance of plumbing system. The owner of the property shall be responsible for maintaining and keeping clean the sewer pipes leading and connecting from the plumbing system to the city main. However, maintenance of structural integrity of laterals shall be the City's responsibility up to the property line. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 07-2004 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2004. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney G:\Docs\City of Cape CanaveraWrdina—\Sewer System Amend..07-2004.wpd Bob Hoog Jim Morgan Rocky Randels Richard Treverton Steve Miller City of Cape Canaveral Ordinance No. 07-2004 Page 4 of 4