HomeMy WebLinkAboutPacket 04-20-2004CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
.y of Cape Canaveral
GULAR MEETING
L ANNEX
►e Canaveral, Florida
DAY
1, 2004
PM
AGENDA
PRESENTATION: Spring Single -Family Beautification Award
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of April 6, 2004.
2. Proclamation for National Public Works Week.
3. Resolution No. 2004-14; Appointing One Alternate Member to the
Community Appearance Board (R. Wasserman).
CONSIDERATIONS:
4. Motion to Approve: Cooperative Purchase of Landscaping Services
with Vila & Son.
5. Motion to Approve: Proposal from J & S Curb, Inc. to Construct
Sidewalks in the Amount of $30,187.
6. Motion to Approve: Award Bid No. 04-01, Wastewater Treatment
System Improvements to Waterline Industries Corporation in the
Amount of $917,677.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.myflorida.com/cape • e-mail: ccapecanaveralOcfl.rr.com
OF`City of Cape Canaveral, Florida
City Council Regular Meeting
April 20, 2004
Page 2 of 2
ORDINANCES: Second Public Hearing:
7. Motion to Adopt: Ordinance No. 06-2004; Adopting a New Division
Entitled Code Enforcement Citations, at second reading.
8. Motion to Adopt: Ordinance No, 07-2004; Amending Chapter 78,
Utilities; Providing for the Mandatory Connection to the City's Sewer
System Where Available, at second reading.
ORDINANCES: First Public Hearing:
9. Motion to Approve: Ordinance No. 08-2004, Amending Code Section
110-352, Providing for Distance Requirements for Fireworks Sales
Facilities, 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.
APR -12-04 03:16 PM CAPE CANAVERAL PW
Memo
407 799 4980 P.02
• • •WORKS
TOC Barnett Boucher, City Manager
hi, r
P Ed Gardulski, Public Works Director (��'`
OWN, April 12, 2004
RM Agenda itom for April 20,2004 Council Meeting,
Spring Single -Family Beautification Award Presentation
The Beautification Board will vote at their 4/13/04 meeting and select a winner for our
Spring Single -Family Beautification Award.
Please place this item on the April 20th meeting.
EG/ch
•PWI
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
April 6, 2004
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Hoog
Council Member
Jim Morgan
Mayor
Rocky Randels
Council Member
Richard Treverton
Council Members Absent:
Council Member Steve Miller
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
Building Official Todd Morley
BOARD INTERVIEW:
Randy Wasserman, Community Appearance Board.
Mayor Randels called on Mr. Randy Wasserman to interview as an applicant for the
Community Appearance Board. Attorney Garganese asked Mr. Wasserman if all the
information on his application was true and correct. He affirmed. Mr. Wasserman replied
that he was interested in the Board due to observation of the growth in the City. Although
he does not have an architectural background he is interested in how the City develops.
Attorney Garganese inquired if he would have any problem addressing applications that
involved his neighbors. He stated that he would not.
Mr. Morgan stated that Mr. Wasserman would be an asset to the Board. Mr. Treverton
asked if he would have any problem addressing applications that concern private
City of Cape Canaveral, Florida
City Council Regular Meeting
April 6, 2004
Page 2 of 8
residences versus those for the commercial corridor. Mr. Wasserman replied that
condominiums have similar regulatory requirements in what private residents are allowed
to do with their properties and he stressed the importance of a harmonious appearance
since he considered the City all one community. Mayor Pro Tem Hoog noted his
impressive resume and expressed that he would be capable of interacting with the public.
Mayor Randels stated that the City is fortunate to have willing volunteers participate on the
Boards.
Mayor Randels asked what Mr. Wasserman would like to see the City become in five
years. He replied that he hoped that the City would develop its beach atmosphere without
becoming too commercial. Mayor Randels replied that the City founders voted on height
limitations as well as not to develop on the beach and that has been a benefit to the City's
successors. Mr. Wasserman inquired about the two other members who would be
appointed at the meeting and asked how this would affect his application. Mayor Randels
encouraged Mr. Wasserman to become an alternate in that alternates are involved in the
Board discussion. Mayor Randels concluded that a Resolution to appoint Mr. Wasserman
would be on the next City Council meeting agenda.
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.
Mayor Randels asked if any Council Member, staff or interested party desired to remove
an Item from the Consent Agenda for discussion.
No request was made to remove any item for discussion.
A motion was made by Mayor Por Tem Hoog and seconded by Mr. Treverton to
Approve Consent Agenda Items No. 1 through 6. The vote on the motion carried 4-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels,
For and Mr. Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 6, 2004
Page 3 of 8
CONSIDERATIONS:
7. Motion to Approve: Purchase of Five (5) LIFEPAK Defibrillators in the
Amount of $8,975.00.
Mayor Randels noted that training would be provided for staff and he replied to Mr.
Treverton that instructions for operation were automated. Mr. Morgan asked how long the
equipment has been in use and if there were any maintenance issues. Mr. Boucher replied
that the Fire Department has been using the defibrillators for four or five years and he
emphasized their necessity.
There was no public comment.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Purchase Five (5) LIFEPAK Defibrillators in the Amount of $8,975.00. The vote on
the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Morgan, For; Mayor Randels, For and Mr. Treverton, For.
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.
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 OR DISPLAY OF FIREWORKS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY AND AN EFFECTIVE DATE.
Mayor Randels read the whereas clauses from the Ordinance in their entirety for the
record. Mayor Randels acknowledged Mr. Buzz Petsos and Mr. John Anderson and asked
if they had any input toward discussion on this ordinance due to their concerns on the
fireworks issue. Mr. Petsos replied that he planned to address the subsequent ordinance
on penalties. Mr. Anderson did not have any input at this time. Mr. Treverton expressed
the need for Legislative intervention at the State level.
A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt
Ordinance No. 05-2004 at second reading. The vote on the motion carried 4-0 with
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For
and Mr. Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 6, 2004
Page 4 of 8
ORDINANCES: First Public Hearing:
9. Motion to Approve: Ordinance No. 06-2004; Adopting a New Division Entitled
Code Enforcement Citations, at first reading.
Mayor Randels read Ordinance No. 06-2004 by title.
AN ORDINANCE 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.
Mayor Randels clarified that this ordinance would only apply to the previously adopted
ordinance pertaining to fireworks display. Mr. Boucher made note that the council might
want to adjust the penalty costs. Attorney Garganese explained that Section 291 of the
ordinance set a table to penalties. He stated that the classes are used to impose a penalty
for violation. Under the proposed table, the previous ordinance is a Class III violation
incurring a penalty of $300. Attorney Garganese explained that a County Court judge
could impose a penalty but not more than $500. Council discussed proposed penalties.
Mr. Boucher stated that the person receiving the citation has one of two choices, to pay or
to contest. Mr. Petsos expressed concern with the Code Enforcement Officer addressing
these violations and he also agreed with Mr. Treverton in setting a penalty too high and
preferred reasonable penalty. Mr. Petsos stated that he would prefer regulation through
Law Enforcement and not the Code Enforcement Officer. Mr. Morgan also agreed with a
lower penalty. Attorney Garganese explained that under the citation ordinance the
definition of a Code Enforcement Officer was broad in scope and included law
enforcement. Mr. Anderson stated that the problems normally occur during late hours, not
during business hours. He related that the people who create the disturbance are not
residents. Mr. Leo Nicholas asked if any provision was given for citations that are lost or
discarded. Mayor Randels replied that failure to pay the citation or request a court hearing,
under Section 2-289 (b), results in a judgment up to the maximum of civil liability and court
costs. Discussion continued on setting a penalty cost.
Mr. Boucher informed that a Message Board would cost $100 per day for both ends of the
City to announce that this ordinance is in effect. Mayor Randels recommended $200 for a
first violation. Further Council discussion decided that the penalty cost could increase
based on repeat violations. Attorney Garganese advised that law enforcement would have
difficulty ascertaining if the violator were a repeat offender. He suggested that the Council
determine a penalty cost using the system of classes. Attorney Garganese related that
the law enforcement officer involved in the citation is often required to be present at the
City of Cape Canaveral, Florida
City Council Regular Meeting
April 6, 2004
Page 5 of 8
hearing as well as legal counsel which could become a costly matter if the matter is
prolonged in the courts. He also informed that if the Florida Legislature does not repeal the
administrative charges for code enforcement citations, a $200 filing fee is required.
Mr. Anderson requested some forthcoming regulation during the summer because adults
are engaging in the fireworks discharge. He stated that the City is addressing a violator
that might not be easily intimidated. Mr. Morgan recommended using the City newsletter
and other advertising prior to initial enforcement. Mayor Pro Tem Hoog expressed his
favor with a penalty cost of $200. Mr. Boucher asked for a change of effective date in order
to inform the public and prepare citations. Mayor Randels summarized the changes to the
ordinance as: 1) a Class II violation would carry a penalty of $200 and 2) Section 6, this
ordinance will become effective 30 days after adoption by the City Council.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 06-2004 at first reading with the noted amendments. The
vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For;
Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For.
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.
Mayor Randels read Ordinance No. 07-2004 by title.
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.
Mayor Randels noted the change in Section 78-27 changing the resident connection time
from 60 to 365 days of City sewer availability. Mr. Morgan expressed not to impose an
impact fee as well as a connection fee on the existing residents.
There was no public comment.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to
Approve Ordinance No. 07-2004 at first reading. The vote on the motion carried 4-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels,
For and Mr. Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 6, 2004
Page 6 of 8
REPORTS:
1. City Manager
• Mr. Boucher referred to a request from Benko Construction, Inc. to use an area at Solana
on the River to occupy the City's riverfront area as a staging area in exchange for
landscaping. Mayor Randels expressed concern with relinquishing the right to the riverfront
sunset area. Mayor Pro Tem Hoog expressed favor but requested to see a cost factor
included prior to an agreement. Mr. Todd Morley, Building Official, informed that the site
superintendent recognized that it would be more efficient and cost effective to use the
proposed area as a construction staging area and expend the money reserved for
landscaping. Landscaping is proposed at $5,000. Mr. Morley recommended a six-foot
perimeter fence to protect the public from the construction materials and also to establish a
setback around the materials as well. He suggested a Hold Harmless Agreement. Mr.
Morley informed that the developer anticipated an answer in the morning. Mayor Randels
asked if the Council would approve for the City Manager and the City Attorney to enter
negotiations for a Hold Harmless Agreement. Mr. Petsos asked if a time definite could be
established. Council discussed and agreed that once the fence is removed, landscaping
would be established. Mr. Boucher stated that the Diameter Breast Height [DBH] of the 170
inches applying the $50 fee for mitigation per the City code would establish an escrow
amount of $8,500.00. Mr. Petsos reminded that the City is allowing the company to use its
right-of-way. Council agreed for the City Manager and City Attorney to proceed and
negotiate a Hold Harmless Agreement with Benko Construction for landscaping. Mr.
Nicholas requested permission for the Beautification Board to review the proposed
landscaping plan.
• Mr. Boucher informed that he received a voluntary annexation request from an Avon -by -
the -Sea resident. Attorney Garganese briefly explained the basics of a voluntary
annexation process: formal application is submitted, ordinance is prepared, special
advertising occurs, then the City proceeds with a Comprehensive Plan & Future Land Use
designation and a rezoning process to apply a City zoning designation. These three
processes could occur simultaneously. If done separately, the property maintains the
County's zoning until a City Comprehensive Plan designation occurs. Mr. Boucher
summarized that all costs and fees needed consideration first. Mayor Randels asked if this
annexation would impact or change any further annexation. Attorney Garganese replied
that the two -annexation request limit per year applies to large-scale annexations of ten
acres or more.
Mr. Boucher informed that he received a call from the Department of Community Affairs
regarding an application for an expansion of Coastal Fuels that would result in an
additional 15 million gallons of fuel storage. Mr. Boucher said that Mr. Craig Smith expected
to keep the expansion within the existing footprint of their facility.
Mr. Boucher reported on the Space Coast League of Cities dinner on Monday, April
12th. He informed that the City planned to show an audio/visual presentation on the City's
growth.
Mr. Boucher summarized his negotiations with Waste Management, Inc. to:
o Freeze rates for five years and absorb the billing costs,
o Implement the single family cart system, and
o Lower the multi -family recycling rate by 25 percent.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 6, 2004
Page 7 of 8
• Mr. Boucher met with the School Board regarding Cape View Elementary School. Their risk
manager located an area for a new park on the southwest side of the school grounds that
could be established through an Inter -local agreement. Mr. Boucher will have the
Recreation Department work with the Kiwanis Club to develop the concept. Mr. Petsos
asked if there was discussion on moving the fence to incorporate the ball field. Mr. Boucher
replied that the risk manager did not favor such.
• Mr. Boucher reported on the proposed Sister City visit. Mr. Boucher forwarded a letter
stating that only public officials would be allowed to participate.
• Mr. Boucher displayed the computer design for the proposed model shuttle. This project
will provide the first computer-generated shuttle model.
2. Staff
Building Official
• No report.
City Clerk
• Ms. Stills encouraged the Council, staff and Board members to plan to attend the City
Board Appreciation Dinner on Saturday, April 17th beginning at 6:00 P.M.
City Attorney
• Attorney Garganese reported on a forthcoming fireworks facilities distance requirement
ordinance.
• Attorney Garganese also reported that Mr. Milliken signed the Stipulated Settlement
Agreement.
AUDIENCE TO BE HEARD:
Mr. Petsos requested a Resolution in support of proposed Cruise Ship pollution
legislation. He asked that the Council present their support of the legislation at the Space
Coast League of Cities dinner on April 12th.
Mr. Leo Nicholas requested a copy of the proposed beautification plan at the end of
Center Street for the Beautification Board.
Mr. Nicholas asked how the Council is preparing for proposed annexation from the City's
viewpoint. Attorney Garganese stated that voting by the Cape Canaveral electorate is at
the Council's discretion however those in the community being annexed in are at liberty to
vote. Mr. Boucher replied that staff is working on a level of service report. Mr. Nicholas
stated that the electorate should have an expressed view in the proposed annexation. He
inquired about the timeline for annexation. Mayor Randels responded that the Council
would need to make a decision some time in July. Mr. Boucher replied that feasibility
meetings would precede actual voting.
Ms. Joyce Perry reported that Freedom 7 is in dire need of a new location since the
Holiday Plaza is scheduled for renovation and asked Council to keep this in mind in light of
their considerations to vacate the present building.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 6, 2004
Page 8 of 8
3. City Council
Mr. Morgan
• No report.
Mr. Treverton
No report.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog asked for some resolve on the Fairvilla landscaping/ sidewalk
issue. Mr. Boucher reported that discussion has ensued with the neighboring property.
Fairvilla is not contesting the landscaping requirement and the City Attorney noted that this
issue would get resolved.
Mayor Randels
• Mayor Randels inquired about the sidewalk on Washington Avenue. Mr. Boucher
reported that progress in forthcoming.
• Mayor Randels inquired about the North Atlantic Avenue traffic light installation. Mr.
Boucher replied that the project is underway and Brevard County is performing the work.
• Mayor Randels reported that a Kiwanis Club has started a K -Kids program at Cape View
Elementary School.
• Mayor Randels encouraged the Council to read the School Resource Officer quarterly
report.
• Mayor Randels requested Council's support at the Space Coast League of Cities dinner
on Monday, April 12th.
• Mayor Randels reported that Shower Head Exchange program is still underway.
• Mayor Randels informed that there is a group promoting a double homestead exemption.
• Mayor Randels reported on the success of the art show by the Central Brevard Art
Exhibit. He noted that the City purchased a painting for the City Hall lobby and over $4,000
in paintings and prints were sold
• Mayor Randels shared a new magazine, Port Canaveral's Port USA.
• Mayor Randels distributed a tree -planting list from the Florida Urban Forestry Council.
• Mayor Randels asked if the City Manager was given direction to proceed with plans for
City Hall. Council concurred that the City Manager is still investigating options.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 9:33 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
WHEREAS, public works services provided in our community are an integral part
of our citizens' everyday lives; and
WHEREAS, the support of an understanding an informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets
and highways, public buildings, solid waste collection, parks and canal maintenance;
and
WHEREAS, the health, safety, and comfort of this community greatly depends on
these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the people's attitude and
understanding of the importance of the work they perform.
WHEREAS, this year's theme "24/7: Focused on Our Community", centers on
the pervasiveness of public works.
NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral,
Brevard County, Florida, do hereby proclaim the week of May 16 — 22, 2004 as
National Public Works Week
In the City of Cape Canaveral, and call upon all citizens and civic organizations to
acquaint themselves with the issues involved in providing our public works and to
recognize the contributions which public works officials make every day to our health,
safety, comfort, and quality of life.
,Amicolea" 'Pu6CLG 110eo 5,ASSOG141101
171olgOa CtiArEevx
February 27, 2004
Bennett C. Boucher
City Manager
105 Polk Ave.
Cape Canaveral FL 32920-0326
Re: "24/7: Focused on Our Community" — National Public Works Week
National Public Works Week will be celebrated May 16-22, 2004. This year's theme, "24/7: Focused on Our
Community", centers on the pervasiveness of public works. Each one of our communities depends on the men
and women who are always there and always ready. National Public Works Week promotes a community's
awareness that public works is vital to the growth and quality of life in any community. By your promotion of
Public Works Week other government officials, business leaders, and citizens learn from you the importance of
public works and the positive impact it has on each person's life.
One simple thing you can do is have a Proclamation issued by your community recognizing National Public
Works Week. In this way, you will acknowledge the men and women who have chosen this profession and
perform so well. A sample proclamation has been enclosed for your review and use as appropriate.
The Florida Chapter of the American Public Works Association is once again asking for original copies of these
proclamations so that they can be displayed at the Chapter's Annual Meeting and Tradeshow. (Please visit
http://www.apwa.net/about/npww/celebrations03.asp#florida if you would like to see a photo of last year's
display.) Over 85 proclamations were on display. What an impressive site to see! With your participation, we
can continue with this tradition and show the support our governments give to those in the public works field.
This year the APWA Florida Chapter Annual Meeting and Tradeshow will take place May 3`d — 7th in West Palm
Beach at the Palm Beach County Convention Center. Please mail an original copy of your proclamation to me,
at the address below, by Monday, April 26th, so that it can be proudly displayed for all to see. Hundreds, if not
thousands of public works professionals, will walk past this booth and see your proclamation on display. Most
attendees stop by and look for their community's declaration.
The Annual Meeting and Tradeshow is just one way you and your community can show support to the public
works field. During National Public Works Week in May, your community may wish to participate in other
activities and events to remind the public how your employees improve the quality of life for everyone in the
community. I invite you to review APWA's website apwa.net/aboubnpww/. You can open the "How To" guide
and get numerous ideas.
If you have any questions, or require any assistance, please call, email, or write me. Looking forward to
receiving your proclamation.
Sincerely, '.
William G. Chamberlin, Florida Chapter Chairman
National Public Works Week Committee
Please mail your Proclamation to:
City of Orlando, c/o Bill Chamberlin, Stormwater Utility Division, 1030 S. Woods Avenue, Orlando, Florida 32805
Phone: (407) 246-2180 Fax: (407) 246-4050 Email: bill.chamberlin@cityoforlando.net
' c u « }. j�r5a n
; Ms
City of
office of the Mayor
proclamation
lic works services provided in our community are an integral part of
Whereas, pub��
our citizens' everyday lives; and is vital to the
an understanding and informed citizenry
Whereas, the support of blit works systems and programs such as water, se
efficient operation of puwers,
and solid waste collection; and and highways, public buildings, depends on
Whereas, the health, safety
and. comfort of this community greatly
these facilities and services; and ties, as l as their tanning,
Whereas, the quality and effectiveness e of th upon these fat, e efforts land skill o public
design, and construction, is vii y
works officials; and personnel who staff
Whereas, the efficiency of the qualified and dedicated pe attitude and
public works departments is materially influenced by the people's
understanding of the importance of the work they perform,
Now, therefore, I,
Mayor of the City of as
do hereby proclaim the week of
`National Public Warks Week" and I tali
in The City of
Clic works and to recognize the contributions which
upon all citizens and civic organizations to acquaint themselves with the issues
involved in providing our puL comfori, and q'--ality of
public works officials make every day to our health, safety,
life.
Given under my hand and Seal of the day o
this
Meeting Type: Regular
Meeting Date 04-20-04
AGENDA
Heading
Consent
Item
3
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2004-14, APPOINTING AN ALTERNATE MEMBER
TO THE COMMUNITY APPEARANCE BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2004-14, appointing Randy Wassennnan as an alternate
member to the Community Appearance Board.
Summary Explanation & Background:
Term will expire on 05-01-06.
Please advise.
Exhibits Attached:
Resolution No. 2004-14; application
I
City Ma ey's Office
Department LEGISLATIVE
\uteeclrng\2004\04-20-04\2004-14. doc
RESOLUTION NO. 2004-14
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING 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 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. Randy Wasserman is hereby appointed as the second alternate
member of the Community Appearance Board of the City of Cape Canaveral, Florida,
with a term to expire on May 1, 2005.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this 20th
Day of April 2004,
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Steve Miller
Jim Morgan
Susan Stills, CITY CLERK Rocky Randels
Richard Treverton
City of Cape Canaveral
Resolution No. 2004-14
Page 2 of 2
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
F E 2 z 2U:.4
CITY OF CARE CANAVERAL - ,jY crr,z.k's
Asap- CAT1nPJ pOR APPOQNTI! r- TCS CITY ADVMORY BOARD OR COMMITj--h
Pursuant to Section 2-171, Cape Canaveral CDd;--
City Code requires prospective and e;dsting 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.
�lariSc %oiripietc ih2 foll;�;:;ng in u e S1.uC° pravided:
A. GENERAL
1. Applicant Name: R S�( � a.55
2. Home Address:
3. Horne Telephone:
4. Occupation:
5. Business Telephone: `pa) $6I - q a 1q
5. Business Address: PwI cA �Cy-C- A� , rL SC, F-
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible
fo serge on a City advisory board or committes.
1. Are you duly registered to vote in Brevard County?
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer?
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question.
4a
if yes to 3a, have your civil rights been restored?
Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
4b. if yes to 4a, please list each:
(`r,�_Z (N)
(Y)_k/ (N)
m (N)
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
consent to having a standard background check
performed on ya.1 by he City of Cape Gar?averal?
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage?
initials
(Y)Z(N)
6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:
C. 1NTERES?S1EXpERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
2. Briefly state any mor experiences in serving on any governmental board(r committee:
.N__ 1. `r_ Ir_ A,__ r-r�
3. Please list any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) that you feel help to gs+alify you for membership on he desired board or
►.!!
In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serge:
a. 3
b.
C.
d.
e. *2-
f.
Beautification Board
Board of Adjustment'
Business and Cultural Development Board
Code Enforcement Board*
Community Appearance Board'
Construction Board of Adjustment and Appeals`
Library Board
Planning and Zoning Board'
Recreation Board
Other.
'Members of these boards are required to complete and file with d7e Supervisor of Fledficns a
Financial Disclosure Form upon appointment to said board and prior to July 7 of each year
following the inftl 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 disc!osing race, Winder and 0.ysical disabilil='es of board and committee members_
Please check the appropriate boxes:
RACE
GENDER
African-American
V-'
Male
Asian -American
Female
HispaniceAmerican
Not Known
Native American
Caucasian
DISABILITY
Not Known
Physicaily.disabied
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, CINDER PENALTIES OFF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO
THE BEST OF YOUR KNOWLEDGE, AND TI#E CITY 'OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EYJSTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-.325, FLORIDA STATUTES] AND THE FLORIDA
"SUNSHINE LA°!AT' [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:
A tnitia!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 wflI 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 Cleric's Office at (321) 868-1221.
Signature: j 4 l.JA"',
Date:
Please return to: City of Cape Canaveral
Office of the City Clerk
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
Meeting Type: Regular
Meeting Date: 04-20-04
AGENDA
Heading
Considerations
Item
4
No.
I recommend approval with the appropriation of beautification funds.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF LANDSCAPING SERVICES
WITH VILA & SON
DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION
Requested Action:
City Council consider the approval of the cooperative purchase with Vila & Son in the amount of $8,462 for the
landscaping of the south Al welcome to the city sign area as recommended by the Beautification Board.
Summary Explanation & Background:
This project will provide landscaping on the city block bounded by Grant Avenue on the south, Al on the west
and Johnson Avenue on the north, known as Yogi's property.
I recommend approval with the appropriation of beautification funds.
Exhibits Attached:
Public works director's memo and supporting documents.
City Ma�Wr's'Office
Department PUBLIC WORKSBEAUTIFICATION
C>-�-e
im\my ocume ts\ 7council\meeting\2004\04-20-04\vila
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MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: April 14, 2004
SUBJECT: City Council Agenda Item for April 20th, 2004
Vila & Son Landscaping, Yogi's Project
As part of an Agreement between Yogi's foods and the City of Cape Canaveral, the City
has agreed to construct sidewalks, driveway improvements, landscaping and construct a City of
Cape Canaveral entrance sign. The first phase of this project, that is already work in progress, is
the relocation of the existing Yogi's sign. The second phase is the asphalt removal and the
sidewalk installation by J&S Concrete. The third phase is the basic landscaping and irrigation by
Vila & Son, hence the intent of this agenda item approval. The final phase is the design and
construction of the City's welcome sign.
On April 13'', 2004, the Beautification Board was presented the overall concept site plan
of the eastside of AIA between Grant and Johnson Avenue, Also Known As (AKA) Yogi's
Foods. The Beautification recommends that City Council move ahead with this landscaping
proj ect.
Attached is a cost proposal to landscape the corner of AIA and Grant Avenue in the
amount of $8,461.93. The contract for the purchase and planting of this project is a cooperative
purchase for services from Vila & Son Landscaping. Seminole County awarded a landscape bid
382-00/GG for their Roadway Landscape Maintenance project to Vila & Son Landscaping. The
City of Cape Canaveral's Public Works Director in regards to a cooperative purchase agreement
contacted Vila & Son Landscaping. The firm's General Manager, Cris Frier, stated that they
would honor the cooperative purchase. The City has received a FDOT Permit for this project.
Vila & Son had performed work for the City of Cape Canaveral. For example, this company did
a great job on the AIA Beautification Project, the North AIA City Sign, Ridgewood Stormwater
Project and the North Atlantic Ave City Sign. More so, Vila & Son is approved for FDOT
project.
Recommend the approval of the landscaping at the south City limit project by Vila and
Son in the amount of $8,461.93 and the appropriation of the necessary funds.
Attachments
cc: File
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Meeting Type: Regular
Meeting Date 04-20-04
AGENDA
Heading
Considerations
[tem
j
No.
I recommend approval with the appropriation of beautification funds.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: PROPOSAL FROM J&S CURB, INC. TO CONSTRUCT
SIDEWALKS IN THE AMOUNT OF $30,187
DEPT./DIVISION: PUBLIC WORKSBEAUTIFICATION
Requested Action:
City Council consider the approval of the sidewalk and driveway proposal from J&S Curb, Inc. in the amount of
$30,187 for the Yogi Project Area, as recommended by the Beautification Board.
Summary Explanation & Background:
This is within the Yogi Project Area. This proposal will provide for the removal of existing asphalt, construction of
a drainage swale, sidewalks and driveways within the right-of-way and dedicated easement areas.
I recommend approval with the appropriation of beautification funds.
Exhibits Attached:
Public works director's memo and supporting documents
City Manager'sgffice
Department PUBLIC WORKSBEAUTIFICATION
I
ape-n inydocu ents\admi -c ci1\meeting\2004\04-20-04\j&s
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MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: April 14, 2004
SUBJECT: City Council Agenda Item for April 20th, 2004
Yogi's Sidewalk and Driveway Construction, J & S Curb
As part of an Agreement between Yogi's foods and the City of Cape Canaveral, the City
has agreed to construct sidewalks, driveway improvements, landscaping and construct a City of
Cape Canaveral entrance sign. The first phase of this project, that is already work in progress, is
the relocation of the existing Yogi's sign. The second phase is the asphalt removal and the
sidewalk installation by J&S Concrete, hence the intent of this agenda item approval. The Third
phase is the basic landscaping and irrigation. The final phase is the design and construction of
the City's welcome sign.
On April 13th, 2004, the Beautification Board was presented the overall concept site plan
of the eastside of AIA between Grant and Johnson Avenue, Also Known As (AKA) Yogi's
Food. The Beautification recommends that City Council move ahead with this project.
On August 7 h, 2001 City Council awarded the Bid 01-04 to the J&S Curb as the City of
Cape Canaveral annual concrete contractor. The City received a written quote from J&S Curb in
the amount of $30.186.15. This price includes the removal of the asphalt, construction of
drainage swell, sidewalk and driveways. The City has received a FDOT Permit for this project.
J&S Curb has performed work for the City of Cape Canaveral. For example, this company did a
great job on the Circle K & Oak Lane beautification project and constructed sidewalk along the
north side of Washington Avenue.
Recommend the construction of sidewalk and driveway at the south City limit project by
J&S Curb in the amount of $30,186, the appropriation of the necessary funds and waive the
City's building permit fee.
Attachments
cc: File
J I& s CarAlcomm-ete zve.
I ?'®T Elm St. Suite D
AVOC Jedge, " 3295'3'
S21-G32w333 (Pharle )
S2.1 -694-J744 (Pxw)
NAME/ADDRESS
city of Cape Canaveral,
Ed GardulaW
868-1240
799-4980
RECEIVED
*I 0 am
Estimate
DATE ESTIMATE NO.
/30!2004 357
PROJECT
Grant & Johnson S/ W i mpr zts
DESCRIPTION
UNIT PRICE
QTY TOTAL
Traffic Ccantrol
Remove Asphalt
11965.00
Import Hu
81225.00
8,225.00
5' SidewaM 6" with fiber
58
'''O0
585-00
Driveway
2.97
2,700 8,019.00
Kala Ramps
2.9
2.50
�
Z'� 6,222.15
inletFix
4
9W -9W-00_
Grade Swale
385.00
585.00
2,365.00
2,365.00
3trl
NO: Sodd, Seed, cw AWch
1,485.00
1,485.00
NO: Fee or Perna"
Sim to be relocated by offiers
TOTAL
$34,546.15
SIGNATURE
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Meeting Type: Regular
Meeting Date 04-20-04
AGENDA
I eading
Considerations
Item
6
No.
replace the chlorine feed system with a sodium hypo -chlorite system and improvements to the laboratory ventilation
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: AWARD BID NO. 04-01, WASTEWATER TREATMENT SYSTEM
IMPROVEMENTS
DEPT./DIVISION: PUBLIC WORKS/WWTP
Requested Action:
City Council consider the award of Bid No. 04-01, Wastewater Treatment System Improvements, to the low bidder,
Waterline Industries Corporation in the amount of $917,677 as recommended by the public works director and
Brown & Caldwell Design Engineers for this project.
Summary Explanation & Background:
This is a planned and budgeted project to increase the storage and pumping capacity of our reuse water system,
replace the chlorine feed system with a sodium hypo -chlorite system and improvements to the laboratory ventilation
system
Funding of this project is as follows:
$882,677 sewer impact fees
$ 35,000 sewer revenue funds
I support the recommendation for this bid award.
Exhibits Attached:
Public works director's memo and supporting documentation
City Manager's Office
Department PUBLIC WORKS/WWTP
cape- mydo m rtfs\M&i council\meeting\2004\04-20-04\04-01
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MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: April 9, 2004
SUBJECT: City Council Agenda Item for April 20th
Bid Award 04-01 Wastewater Treatment System Improvements
On March 81h 2004, the City of Cape Canaveral advertised for Bids for the Wastewater
Treatment System Improvements. A Pre -Bid meeting was held on March 29th at 10:00 A.M. at
the City Hall Annex. Bids were received by the City Clerk of the City of Cape Canaveral until
2:00 P.M. April 8th, 2004. Bid opening began promptly at 2:15 P.M. in the City Hall Annex on
April 8th. The City received three (3) Bidders for the project. The low bid is Waterline Industries
Corporation. Attached is a copy of the Bid amounts from the three bidders.
The scope of services of this project has the following four parts:
1. Reclaimed Water Pumps
2. Sodium Hypo -chlorite Storage Tanks
3. Sodium Hypo -chlorite Pumping System
4. Reclaimed Water Tank Concrete Cover
Brown and Caldwell reviewed the Bid documentation and conducted a reference check
of Waterline Industries Corporation and their proposed Subcontractors. The qualifications of the
low bidder Waterline Industries Corporation were found to be acceptable. More so, the reference
for the work record was positive. Attached is a letter from Brown and Caldwell recommending
Waterline Industries meeting the requirements of the Bid.
Funds were budged within the Sewer Enterprise Fund in the amount of $895,131. Brown
and Caldwell have determined that 100% of the reuse pumps, tank and chlorine system of this
project is impact fee eligible due to the increased capacity of the reuse facility. The maintenance
of the laboratory ventilation system is not impact fee eligible.
Recommend awarding Bid 04-01 Wastewater Treatment System Improvements to
Waterline Industries Corporation in the amount of $917,677.00 and the appropriation of the
necessary funds.
Attachment
CC: File
IU60 Wtlund i'cma Gjaptouni
&Jtte 40?
Marland. florida32751
RECEIVED
1"I, (4t17) 661-)500
Fi- (407) 661 9599
APR
www.lnnw landcaldwril.cntn
y 1004
April 9, 2004
Mr. Ed Crarciulski
Public Work Director
600 -l*ower boulevard
P.O. Box 326
('ape Canaveral, Florida 32920-0326
22
Subject: Cape Canaveral Water Reciamation Facility
Recommendation of Aware!
City Bid No. 04-01 (AC No. 2304)
Wastewater Treatment System Improvements
Dear Mr_ Gardulski:
As requested, I have reviewed the three bids received, and found them to
tnect the requirements of the construction documents. The qualifications of
the low bidder, Waterline Industries Corporation from New Haven, CT
were then evaluated and found to be a"eptable. Documentation related to
this evaluation is attached.
Waterline Indusirics Corporation bid the proposed work for $917,677.00,
which is S67,677.00 above the estimate sent to you March 15, 2004.
Several iterns were added after this estimate that. increased the :project costs.
Thcsc: items include:
• Painting u('the entire. tank instead ol'_just the cover thus allowing the
paint colors to be matched.
+ An additionul chlorine pump was added to allow greater flexibility.
The existing effluent flow meters, in the chlorine contact chamber
were inoperable, and will be replaced under this contract.
• The chlorine hoist and structural components will be relocated to the
garage opening lbr future use by inEdntrnanee personnel.
PAUENlCap (Ana vaid%2: 634 - Watu Rcc IittrTo1YV1id Awo-Jni Rcttnli iuidation.doc
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Mr. Ed Ciardulski
April 9, 2004
Page 21 of 2
• One of' the reclaimed pumps will be adjwsted to correct a piping,
deflection problem.
These items, along with a 30 to 50 percent increase in steel prices over the
last 5 months more than account for the difference in bid price to the
original estimate. Based on this review, we believe that the bid price is fair,
the Contractor is grulilied, and thertibre, recornmend that the contract be
awurdecl to Waterline Tndutitries Corporution.
As requested, the eligibility of the project to receive impact flee funding was
reviewed. The reclaimed water system improvements will provide
additional storage and pumping capacity to meet increasing demands. In
addition, the decision to convert from gas chlorine to sodium hypochlorite
was made to protect the safety of the new communities that have recently
been developed adjacent to the plant Site. The only portion of this project
that is not eligible liar impatct lee I:guiding is the laboratory ventilation
improvements; this portion of the project is valued at $35,004.
Thant: you for the opportunity to serve you and the City of Cape Canaveral.
As soon as the City Council authorizes award of this contract, l will provide
you with executable contract documents for your use. please let me knew if'
you have any questions regarding chis recommendation.
Sincerely,
BRMV,N AND C J) EIJ.,
r .._
Teel Hortens ine, P.F.
Office Leader
C°a{x Cuuuvera112C1ii021Prupusal TrumMiIIIII 1,rl1rf,(10C
Telecom Memorandum
Date: April 9, 2004
Discussion with Mr. Chug Bilias, City Manager (farmer Utility Director) of Cocoa
Beach
Topic of Discussion: Qualifications of Waterline Industries Corp.
Waterline Industries Corp. performed a difficult project for the City consisting of
rehabbing an existing can -style pump station and converting this to a submersible Lift
station, He mentioned that the project was a dangerous situation that was resolved by
Waterline to the City's satisfaction_ They also performed modifications to the
wastewater txeatanent plant consisting of renovation of the chlorine contact chamber and
installation of a sodium hypochlorite storage and feed system. Mr. Bilias was happy with
their performance, and when asked if he would hire them again, replied yes.
End of discussion
Author: Tell Horhmstine
CITY OF CAPE CANAVERAL
2003-04 FISCAL YEAR BUDGET
SEWER ENTERPRISE FUND - WWTP
401-10-535.
[CODd DESCRIPTION DETAILED JUSTIFICATION
5230 UNIFORMS UNIFORM SERVICE AND SAFETY SHOES FOR
EMPLOYEES
5240 MOTOR FUELS FUEL FOR, VEHICLES AND EQUIPMENT.
5250 SMALL TOOLS NEW AND REPLACEMENT TOOLS.
5260 LAB SUPPLIES MATERIAL.AND SUPPLIES NEEDED TO OPERATE
LABORATORY.
5270 GENERAL SUPPLIES PAPER, CLEANING AND OFFICE SUPPLY PRODUCTS.
5280 RECLAIMED WATER SUPPLIES NECESSARY"HA ""WARE & SCIPPLIES=FOR ESTABLISH'ING
AND MAINTAIIVI.NG REUSE SERVICE CONNECTIONS.
5400 MEMBERSHIPS & TRAINING FW & PCOA ANNUAL MEMBERSHIP; FSEA ANNUAL
MEMBERSHIP: BOOKS AND INSTRUCTION MANUALS;
SUBSCRIPTIONS; REGISTRATION FEES FOR SCHOOL AND
SEMINARS.
5410 OPERATING FEES & LICENSES FDEP PLANT, LAB' AND OPERATOR PERMITS AND
LICENSES
6300 FACILITY IMPROVEMENTS LABORATORY VENTALITION SYSTEM 895,131 Ao-
NEW CL2 SYSTEM AND UPGRADE ON
THE PUMP SYSTEM
LESS THAN BOOK VALUE.
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CITY OF CAPE CANAVERAL, FLORIDA
REQUEST FOR BID NO. 04-01
CONSTRUCTION OF
WASTEWATER TREATMENT SYSTEM IMPROVEMENTS
NOTICE IS HEREBY GIVEN: That sealed bids will be received by the City Clerk, City of
Cape Canaveral at 105 Polk Avenue, Cape Canaveral, Florida 32920 until 2:00 P.M.,
Thursday, April 8, 2004. Any bids received after the above time will not be accepted
under any circumstances. Any uncertainty regarding the time a bid is received will be
resolved against the Bidder. Bids must be enclosed, sealed and marked on the outside
of the envelope "Sealed Bid — No. 04-01, Construction of Wastewater Treatment
System Improvements" and mailed or hand delivered to the City Clerk's office.
BID OPENING will begin promptly at 2:15 P.M. in the Cape Canaveral City Hall Annex
at 111 Polk Avenue, Cape Canaveral, Florida, at which time all bids received will be
publicly opened and read aloud.
PRE-BID MEETING: A Pre -Bid meeting will be held Monday, March 29, 2004 at 10:00
A.M. in the City Hall Annex, 111 Polk Avenue.
BIDDING DOCUMENTS, SPECIFICATIONS AND PLANS: May be obtained at the City
of Cape Canaveral, City Clerk's Office, 105 Polk Avenue, Cape Canaveral, FL 32920. A
payment in cash or check payable to the City of Cape Canaveral will be required for
each complete set of the Bidding Documents. Bid documents are available for the
amount of $25,00 per set and the cost is non-refundable. Inquires concerning this
proposal should be directed to Ed Gardulski, Public Works Director at (321) 868-1240.
The City will make an award as defined in the City's Code of Ordinances, Sections
2-218. Procedure.
Susan Stills, CMC, City Clerk
SECTION 00300
M
The City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Date
4/8/04
The undersigned, as bidder, declares that we have received and examined the project
manual entitled Wastewater Treatment System Improvements and will contract with the Owner, on
the form of agreement provided herewith, to do everything required for the fulfillment of the
contract for the construction of the reclaimed water system improvements, the sodium hypochlorite
storage and feed system, and the laboratory ventilation improvements at the prices and on the terms
and conditions herein contained.
We agree that the contract documents include Parts A. B and C of this project manual as
well as the referenced federal, state and local agency requirements.
We agree that the following shall form a part of this bid:
Section I Title
00300
00310
00410
00423
00430
00450
Bid
Bidding Schedule
Bid Guaranty Bond
Certification of Bidder's Experience and Qualifications
Proposed Subcontractors
Schedule of Manufacturers and Suppliers, Major Equipment and
We acknowledge that addenda numbers 1 through 1 have been received and
have been examined as part of the project manual.
Attached is a bid guaranty bond duly completed by a guaranty company authorized to cam
on business in the State of Florida in the amount of at least ten (10) percent of the total amount of
our bid, or alternatively, there is attached a certified or cashier's check payable to the Owner in the
amount of at least ten (10) percent of the total amount of our bid.
If our bid is accepted, we agree to sign the agreement without qualifications and to furnish
the performance and payment bonds and the required evidences of insurance within 10 calendar
days after receiving written notice of the award of the contract.
00300-1
SECTION 00310
BIDDING SCHEDULE
ITEM A: Item A includes the work associated with the construction of the wastewater
treatment system improvements. This work generally includes the reclaimed water system
improvements including additional pumping, piping, automatic valves and tank modifications; the
sodium hypochlorite storage and feed system including a fully -integrated, skid -mounted metering
pumping system with four pumps, two 2,000 gallon dual -contained sodium hypochlorite storage
tanks, and associated work; and ventilation improvements for the laboratory ventilation system.
For the construction of the Wastewater Treatment System Improvements Project, comprising the
items shown and/or specified, the lump sum of:
(in words)
$
(in numbers)
ITEM B: Provision of the sheeting, shoring, bracing and other excavation supports required
by the Trench Safety Act, the lump sum of:
L) 5/f A) D dollars ($ 0, d 6o • ~
TOTAL CONTRACT PRICE (sum of Items A and B): s_2/7j, w 7
**END OF SECTION**
00310-
SECTION 00423
CERTIFICATION OF BIDDER'S
EXPERIENCE AND QUALIFICATIONS
The undersigned bidder certifies that he is, at the time of bidding, and shall be, throughout
the period of the contract, licensed by the State of Florida to do the type of work required under
terms of the contract documents. Bidder further certifies that he is skilled and regularly engaged in
the general class and type of work called for in the contract documents.
In accordance with the requirements of paragraph 00100-1.05 A, the bidder represents that
he is competent, knowledgeable and has special skills on the nature, extent and inherent conditions
of the work to be performed. Bidder further acknowledges that there are certain peculiar and
inherent conditions existent in the construction of the particular facilities, which may create, during
the construction program, unusual or peculiar unsafe conditions hazardous to persons and property.
Bidder expressly acknowledges that he is aware of such peculiar risks and that he has the skill and
experience to foresee and to adopt protective measures to adequately and safely perform the
construction work with respect to such hazards.
Signed this 8th day of A-,;1 , 20 04 .
Waterline Industries Corp.
Name of Bidder
PLEASE SEE ATTACHED LICENSES
Contractor's License No. and State
,r
Signature of Bidder
Ralph W. Dumke, President
Title of Signatory
**END OF SECTION**
00423-1
SECTION 00430
PROPOSED SUBCONTRACTORS
The following information gives the name, business address, and portion of work
(description of work to be done) for each subcontractor that will be used in the work if the bidder is
awarded the contract. No subcontractor doing work in excess of 0.5 percent of the total amount of
the bid and who is not listed shall be used without the written approval of the Owner. (Additional
supporting data may be attached to this page. Each page shall be sequentially numbered, e.g--
00430-2, and headed "Proposed Subcontractors" and shall be signed.)
Name
Business Address
Description of Work
S� T15 �6Gi��C�2ltiC
7011 qV. f%fl�u� c �vt.
i' ci�z 1 �'3
SNC i
Cf-Pf CaN v�� �� ��
74T,C
3,)
Signature of Bidder
Ralph W. Dumke, President
**END OF SECTION**
00430-1
SECTION 00450
SCHEDULE OF
MANUFACTURERS AND SUPPLIERS
MAJOR EQUIPMENT AND MATERIAL ITEMS
In accordance with paragraph 00100-1.04 A.7, the bidder proposes that the named items of
major equipment and materials will be supplied by the manufacturers or suppliers as written in by
the bidder.
1.
2
3
Item I Manufacturer or Sunnlier
Reclaimed Water Pumps
Sodium Hypochlorite Storage Tanks
Sodium Hypochlorite Pumping System
U
"?AIJ-- HE&CC; %-C, L'C 7'S
M f �-F�1vi(=`i)nl�lEti�Fi-L��u�s,�r FF�Df12
v
**END OF SECTION**
00450-1
AFFIDAVIT OF AUTHORIZATION
FOR
BIDDING REPRESENTATIVE
At a duly authorized meeting of the Board of Directors of the Waterline Industries
Corp. held on February 27th, 2004, at which time all of the Directors were present or waived
notice, it was voted that Ralph W. Dumke, President of this company shall be,
and hereby is, authorized to executed bidding documents, contracts and bonds in the name and on
behalf of said company, and to affix the corporate seal thereto, and such execution of any contract
obligation in this company's name on its behalf of such PRESIDENT under seal of the
company shall be valid and binding upon this company.
A true copy
ATTEST 01 b�d "<Jk\-,
ALICIA GILMO , Corporate Secre
INCORPORATED IN THE STATE OF NEW HAMPSHIRE
Place of Business: 145 Batchelder Road
Seabrook, New Hampshire 03874
(603) 474-7477
I hereby certify that I am the clerk of the Waterline Industries Corp., and that
Ralph Dumke, PRESIDENT, is duly elected PRESIDENT of said company, and that
the above vote has not been amended or rescinded and remains in full force and effect as of the
date of this contract.
l ,
ALICIA GILMORE, Corporat�"(Secretary
Corporate Seal
INCORPORATED IN THE STATE OF NEW HAMPSHIRE
Place of Business: 145 Batchelder Road
Seabrook, New Hampshire 03874
(603) 474-7477
PA0ffice\Bidinformation\Dumke Affidavit to SigLdoc
of STATE OF FLORIDA
o�
F
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
+° CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
DUMKE, RALPH WILLIAM
WATERLINE INDUSTRIES CORP
145 BATCHELDER ROAD
SEABROOK NH 03874
DETACH HERE
r
A ?GC"
(850) 487-1395
STATE OF FLORIDA AC# 12 3 4 610
DEPARTMENT OF BUSINESS AND
'_.•% PROFESSIONAL REGULATION
CBC060347 01/13/04 000000000
CERTIFIED BUILDING CONTRACTOR
DUMKE, RALPH VILLIAM
WATERLINE INDUSTRIES CORP
IS CERTIFIED under the provisions of Ch.489 FS.
Expiration date: AUG 31, 2004 L04 0113 0 0 4 67
AC# 12 3 4 6 1 6 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L04011300467
2-1 LICENSE NBR
01/13/20041000000000 CBC060347
The BUILDING CONTRACTOR
Named below IS CERTIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2004
DUMKE, RALPH WILLIAM
WATERLINE INDUSTRIES CORP
145 BATCHELDER ROAD
SEABROOK NH 03874
JEB BUSH
GOVERNOR
DISPLAY AS REQUIRED BY LAW
DIANE CARR
SECRETARY
0
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
8
�. CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
WATERLINE INDUSTRIES CORP
145 BATCHELDER ROAD
SEABROOK NH 03874
DETACH HERE
(850) 487-1395
STATE OF FLORIDA AC# 0.987418
DEPARTMENT OF BUSINESS AND
PROFESSIONAL -REGULATION.
QB0020524 07%30/0:3-,.03005'7547
QUALIFIED, BUSINESS ORGANIZATION
WATERLINE"INDUSTRIES .°CORP
(NOT A LICENSE. --TO PERFORM WORK.
ALLOWS COMPANY TO` DO :HIISINESS IF
IT HAS A LICENSED:_.QUALIFIER.)
IS QUALIFIED under the provisions of Ch.489 F5.
Expiration date- AUG 31, 2005 L03073003520
AC#' Oaf".8 71,44"1 8 STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD SEQ#L03073003520
LICENSE NBR
07-/30 2003' 03.0057547 B0020524 .
The BUSINESS ORGANIZATION
Named`below-TS-QUALIFIED
Under the provisions of Chapter 489 FS.
Expiration date: AUG 31, 2005;__
(THIS .IS NOT A -LICENSE TO PERFORM<WORK.. THIS -.ALLOWS
COMPANY TO DO BUSINESS ONLY IF- IT"'HAS"A. QUALLIFIER.. )
WATERLINE --INDUSTRIES CORP
145 BATCHELDER ROAD
SEABROOK NH 03874
JEB BUSH DIANE CARR
GOVERNOR DISPLAY AS REQUIRED BY LAW SECRETARY
r- A FLORIDA
STATE Or
DEP RTIME -7 0BU=ESS PROFESSIONAL REGULATION
�vN
CON TRUCTTC' T 7,.MU-TRV L I `EN _NG BOARD
bay= 1940 NORTH NION ROE STREET
TALLA.H_ASSSEE FL 32399-0783
ALGER, WILL7 zv JOSE_ :_
WATERLINE TFIDTJSTRIES CORP
224 RATTLESNAKE RILL ROAD
A B U R��i NINE 03032
DE AC1 i HERE:
;Cr �''=
STATE L7F FLORIDA
(8-50) 487-139-5
STATE CF FLORIDA aG" J
DEP-- 02 \TT OF BUSi�7E'SS AND
PRO_ESSIONAL REGULATION
CGCO62961 06/05/02 802582874
CERTIFIED GENERAL CONTRACTOR
ALGER, WILLIAM JOSEPH
WATERLINE INDUSTRIES CORP
IS CERTIFIED under the pro-risions al ch.489 Fs.
E=irationdate: AUG 31, 2004 S2:Q 4LO2060500951
DEPARTMENT OF BUSIN-SS AND PROFESSIONAL REGULATION
CONSTRUCTIOINT INDUSTRY LICENSING BOARD 0--Q-.#L020605009=i
The GENERAL CONTRACTOR
Named below IS CERTIFIED
Unde= the provisions of Chapter 489 FS.
E_'piration date: AUG 31, 2004
ALGER, WILLIAM JOSEPH
WATERLINE INDUSTRIES CORP
224 RATTLESNAKE HILL ROAD
A_UBURN NH 03032
JEB BUSH KIM BINKLEY-SEYEr
GOVERNOR r ;PI AY AR RF(ll IIRFi) Rv 1 AIAI CVt1MVman17
SECTION 00410
BID GUARANTY BOND
KNOW ALL MEN BY THESE PRESENTS:
Waterline Industries Corporation
THAT 145 Batchelder Rd.. Seabrook, NH 03874 hereinafter
called the Principal, and Safeco Insurance Company of America
hereinafter called the Surety, are jointly and severally held and firmly bound unto the
the City of Cape Canaveral, hereinafter called the Obligee, each in the penal sum of ten (10) percent
of the total amount of the bid of the Principal for the work, this sum not to exceed
Ten Percent of Amount Bid dollars (S 100-1 )
of lawful money of the United States for the payment thereof unto the Obligee, the Principal and
Surety jointly and severally bind themselves forever firmly by these presents.
WHEREAS, the Principal is herewith submitting its offer for the fulfillment of Obligee's
contract for construction of the Wastewater Treatment System Improvements_
NOW, 'THEREFORE, the condition of this obligation is such that if the Principal is
awarded the contract, and if the Principal, within the time specified in the bid for such contract,
enters into, executes, and delivers to the Obligee an agreement in the form provided herein
complete with evidences of insurance, and if the Principal within the time specified in the bid gives
to the Obligee the performance and payment bonds on the form provided herein, then this
obligation shall be void; otherwise, the Principal and Surety will pay unto the Obligee the
difference in money between the total amount of the bid of the Principal and the amount for which
the Obligee legally contracts with another parry to fulfill the contract if the latter amount be in
excess of the former, but in no event shall the Surety's liability exceed the penal sum hereof.
AND IT IS HEREBY DECLARED AND AGREED that the Surety shall be liable under
this obligation as Principal, and that nothing of any kind or nature . whatsoever that will not
discharge the Principal shall operate as a discharge or a release of liability of the Surety.
IT IS HEREBY FURTHER DECLARED AND AGREED that this obligation shall be
binding upon and inure to the benefit of the Principal, the Surery, and the Obligee and their
respective heirs, executors, administrators, successors and assigns.
00410-1
SIGNED AND SEALED this 8thday of April 20 04
(SEAL) Waterline Industries Corporation
Principal
Signature for Principal
(SEAL)
Ralph W. Dumke, President
Title of Signatory
Safeco Insurance Company of America
A :H6khey-in--Fact
Title of Signatory
**END OF SECTION**
004] 0-2
POWER
r�1 S A F E C O® OF ATTORNEY
KNOW ALL BY THESE PRESENTS:
SAFECO INSURANCE COMPANY OF AMERICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE: SAFECO PLAZA
SEATTLE, WASHINGTON 98185
No. 10659
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby
appoint
**********************JOSEPH J. LANE; JOHN P. GATELY, JR.; MICHELLE K. BOUCHER; PATRICIA A. ROBERTS; Randolph, Massachusetts*************************
its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 17th
CHRISTINE MEAD, SECRETARY
CERTIFICATE
day of July 2002
MIKE MCGAVICK, PRESIDENT
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not
be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that
the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true
and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this �?/
tbRpORlifE
SEAL y SEAL
a 195'3 l�i3
of WAsth'`r�aa,��a
S-0974/SAEF 2/01
day of �QV
CHRISTINE MEAD, SECRETARY
0 A registered trademark of SAFECO Corporation
0711712002 PDF
Meeting Type: Regular
Meeting Date 04-20-04
AGENDA
Heading
Ordinances -2nd Reading
Item
7
No.
ordinance will be effective (30) days from adoption.
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 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, which will have a $200 civil penalty. This
ordinance will be effective (30) days from adoption.
City law enforcement officers are designated to issue civil citations to enforce Ordinance No. 05-2004, use of
fireworks.
I recommend approval at second reading.
Exhibits Attached:
Ordinance No. 06-2004
City M!P'a Mee
Department LEGISLATIVE
cape- m\myd cum council\meeting\2004\04-20-04\06-2004.doc
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 strikeout type indicates deletions, while asterisks (* * *)
City of Cape Canaveral
Ordinance No. 06-2004
Page I 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.
(a) 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
It is also the intent and purpose of this division to enhance the effectiveness of code
enforcement within the City by 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:
Lal Code enforcement officer shall mean city manager designated emolovees 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 city manager.
(b) Person shall mean any individual associations joint ventures partnerships corporations
trusts, sole proprietorships, and any and all other groups or combinations and legal entities
(c) Repeat violation shall be as defined by Chapter 162, Florida Statutes (2003) and as may be
amended from time to time.
(d) Violation shall mean the act of breaking,infringing nfringing 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
Sec. 2-282. Authorization of citation program.
(a) 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 City Code The
enforcement method shall be by the issuance of citations for violation of duly enacted CitX
Codes and ordinances in accordance with the rules and procedures established by this
division and Chapter 162, Florida Statutes.
(b) 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.
(a) 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 II.
In the event of a conflict between the civil penalties enumerated in this section and a civil
penalty pecifically enumerated elsewhere in this Code or other ordinances the more
stringent penalty shall apply.
Sec. 2-284. Training of code enforcement officers.
(a) The training and qualifications of the code enforcement officers shall be established by the
city council or cityanager.
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 a person 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. Nothing in this
section shall prohibit the City from enforcing its codes or ordinances by other means.
City of Cape Canaveral
Ordinance No. 06-2004
Page 3 of 10
Sec. 2-286. Violation; penalties — General.
(b) A violation of a City Code or ordinance specifically made subject to this division is hereby
deemed a civil infraction.
(c) Each violation of a City Code or ordinance specifically made subject to this division is a
separate civil infraction. Each day such violation shall continue shall be deemed to constitute
a separate civil infraction.
The maximum civil penalty pursuant to this division, shall not exceed Five Hundred &
NO/100 Dollars ($500.00) plus all applicable court costs and legislative assessments per
violation.
(e) Any citation issued pursuant to this article may be contested in county court.
(f) Any 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.
(g) 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:
(a) Warnine Notice. Except as provided in 2-287(b), a code enforcement officer shall provide
a warning notice prior to issuing a citation. The warning notice shall at a minimumrp ovide
the following:
M the code or ordinance provision violated:
the date of the issuance of the warning notice:
specified time for compliance (the time period for compliance shall not exceed thirty
30 days):
maximum amount of fine if violation is not corrected:
(5) code enforcement officer's signature: and
City of Cape Canaveral
Ordinance No. 06-2004
Page 4 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 violationrlp for to
the issuance of a citation and may immediately issue a citation if a 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
(c) 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.
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 by leavinga 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 of the 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 employee or 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.
(e) 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
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 City police department to report such violation of
section 2-286(e) and section 162.21(6), Florida Statutes
Sec. 2-288. Citation form.
Unless a uniform code citation isrp omul atg ed by administrative order issued by the chief
judge of the eighteenth (18`h) 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:
(a) The date and time of issuance:
The name and address of the person to whom the citation is issued-,
(c) The date and time the civil infraction was committed,•
The facts constituting reasonable cause;
(e) The number or section of the code or ordinance violated-,
(f) The name and authority of the code enforcement officer-,
(2) The procedure for the person to follow in order to pay the civilep nalty or to contest the
citation;
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.
(a) 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 city manager, within fourteen (14) calendar days after
City of Cape Canaveral
Ordinance No. 06-2004
Page 6 of 10
The applicable
civil
penalty
if the
person elects to contest the citation-,
G)
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.
(a) 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 city manager, within fourteen (14) calendar days after
City of Cape Canaveral
Ordinance No. 06-2004
Page 6 of 10
issuance of the citation. The civil penalty shall be deposited in the city's general fund By
paving the citation, the person shall be deemed to have admitted the infraction and waived
the right to a hearing. The city 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
Failure to nay 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 penalty plus applicable court costs In addition
an order to show cause may be issued by the county judge requiringtheperson cited to
appear in county court to explain the person's failure to pay or request 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.
(c) Citation contested. If the person elects to contest the citation the person shall within twenty-
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 county_judge The person shall
immediately notify the City of the request for hearing y U.S. mail or hand delivery to the
city manager. Said hearing shall be scheduled as soon as the court calendar shall permit
Judicial determination ofviolation and penalties • civil judgments • payment ofcivil iud ment
LU A county judge, 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 county judgemay order the violator to correct the
violation and may impose a civilen naltyup to the maximum civil penalty12lus all
applicable 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 may provide for the civil penalty to be paid and the violation to be
corrected, within such time as the county 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 civilep nalty plus applicable court costs
tL 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 penalty1p us 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
hearinc 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.
(4) 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
upon the violator and any subsequent purchasers, successors in interest or assigns if
the violation concerns real property, and the findings therein shall be binding upon
the violator and an subsequent purchasers, successors in interest or assigns if the
violation concerns real property.
Payment of any civil penalty imposed by civil judgment or countv iudge shall be
made to the clerk of the court, who shall forward the monies collected to the city
manager for deposit into the cit general fund. If a judgment has been entered for
the civil penalty, 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 property in accordance with applicable federal and state law. If entry pon
private real property is denied, the city manager is hereby authorized to direct the city attorney 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 propertynd personal property thereon.
Sec. 2-291. Classes of violations and penalties.
(a) 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 II
200.00
Class III
300.00
Class IV
iLonmo
Any City Code or ordinance enacted subsequent to the adoption of this division may set forth
the applicable civil penalty for violations by designating the appropriate violation
classification provided in this section.
(c) 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 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 thirty (30) days from
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.
ATTEST:
SUSAN STILLS
City Clerk
Approved as to legal form and sufficiency
for the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
ROCKY RANDELS
Mayor
Bob Hoog
Steve Miller
Jim Morgan
Rocky Randels
Richard Treverton
City of Cape Canaveral
Ordinance No.
Page 10 of 10
For
Against
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman*
John H. Ward'
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
°Board Certified Business Litigation Lawyer
'Board Certified City, County & Local Government Law
A#orngs at Law
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher
Cocoa & Viera Joseph E. Blitch
Jeffrey P. Buak°
John U. Biedenharn, Jr.
Lisa M. Fletcher
Douglas Lambert
Katherine Latorre
Michelle A. Reddin
Kimberly F. Whitfield
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:
Erin J. O'Leary
Of Counsel
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: fiirm@oriandolaw.net
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman*
John H. Ward'
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
*Board Certified Business Litigation Lawyer
°Board Certified City, County & Local Government Law
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Attorneys at Lain
Offices in Orlando, Kissimmee,
Cocoa & Viera
Debra S. Babb-Nutcher
Joseph E. Blitch
Jeffrey P. Buak°
John U. Biedenharn, Jr.
Lisa M. Fletcher
Douglas Lambert
Katherine Latorre
Michelle A. Reddin
Kimberly F. Whitfield
Erin J. O'Leary
Of Counsel
April 9, 2004
Re: City of Cape Canaveral
Code Enforcement Citation Form
Our File No.: 513-001
Dear Bennett:
I received the City of Cape Canaveral Parking Citation form. It does not meet the
requirements under §162.21(3)(c), Florida Statutes. Section 162.21(3)(c) states that a
citation issued by a code enforcement office shall be in a form prescribed by the county or
the municipality and shall contain:
1. The date and time of issuance.
2. The name and address of the person to whom the citation is issued.
3. The date and time the civil infraction was committed.
4. The facts constituting reasonable cause.
5. The number or section of the code or ordinance violated.
6. The name and authority of the code enforcement officer.
7. The procedure for the person to follow in order to pay the civil penalty or to
contest the citation.
8. The applicable civil penalty if the person elects to contest the citation.
9. The applicable civil penalty if the person elects not to contest the citation.
10. 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.
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
Bennett Boucher
April 9, 2004
Page 2
Therefore, the City of Cape Canaveral Parking Citation Ordinance does not comply
for purposes of a Code Enforcement Citation. You will find a draft Code Enforcement
Citation which you should present to the City Council at the next meeting along with the
second reading of Ordinance No. 06-2004.
If you have any questions, please call.
V trulyours,
Anthony A. Garganese
City Attorney
AAG/Img
Enclosure
CODE ENFORCEMENT CITATION NO.:
ISSUING AGENCY: CITY OF CAPE CANAVERAL
This citation is issued under Chapter 2, Article VI, Division 3 of the Code of Ordinances, City of
Cape Canaveral Code and Chapter 162, Florida Statutes. The undersigned officer certifies that, upon
personal investigation, he/she has reasonable and probable grounds to believe, and does believe, that on:
Day of the Week: Month: Day: Year: Time ❑ AM ❑ PM
First Name: MI: Last Name:
Street Address:
City: State: Zip Code: _
DOB: Race: Sex:
Phone No.:
Height:
Did commit a violation of Chapter 2, Article VI, Division 3 of the Code of Ordinances City of Cape Canaveral, specifically:
❑ § 38-82 (Private use or display of fireworks)
Facts Constituting Reasonable and Probable Cause:
Location of Violation:
Penalty: $ for each violation.
Each day such violation shall continue shall be deemed to constitute a separate infraction.
Signature of Officer: Time of Issuance: ❑ AM ❑ PM
Print Name/Title of Officer:
Date of Issuance: / / Issued by: ❑ Certified Mail, Return Receipt Requested
❑ Hand Delivery to Violator ❑ Hand Delivery to Family Member at Residence (15 yrs. or older) Specij�
Person:
NOTICE TO VIOLATOR
This Citation is issued pursuant to Chapter 2, Article VI, Division 3 of the Code of Ordinances,
City of Cape Canaveral and Chapter 162, Florida Statutes. Any person who is issued and receives this
Citation shall immediately cease the act for which the Citation was issued. Upon receipt of this Citation, the
violator shall elect either to:
(1) Within fourteen (14) days of receipt of this Citation, not including weekends and legal
holidays, pay to the City of Cape Canaveral the civil penalty stated above. Payment must be made in U.S.
Funds and may be made by cash (do not mail cash), check, or money order made payable to the City of
Cape Canaveral, Attention: City Manager, at 105 Polk Avenue, Post Office Box 326, Cape Canaveral,
Florida 32920. You must include a copy of this Citation with your payment;
.1
11
(2) Within twenty-one (21) days of receipt of this Citation, not including weekends and legal
holidays, request an administrative hearing before the County Court to appeal the issuance of this Citation
in accordance with the applicable procedures set forth in the Cape Canaveral Code. All such requests for a
hearing shall be made in writing to the Cape Canaveral City Manager at 105 Polk Avenue, Post Office Box
326, Cape Canaveral, Florida 32920. Failure to request such a hearing in writing within the twenty-
one (21) day time period shall constitute a waiver of the violator's right to a hearing and such waiver
shall be deemed an admission of the violation and judgment may be entered against you for an
amount up to the maximum civil penalty. If the County Court finds that a violation exists, the County
Court may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution
and legislative assessments, plus applicable court costs.
The above remedies are not exclusive.
Your signature below does not constitute an admission of guilt; however, willful refusal to sign and
accept this Citation is a second degree misdemeanor punishable by a fine and/or 60 days in jail as provided
by § 775.082 or § 775.083, Florida Statutes.
Signature of Violator:
Date:
Original - To Be Retained by City Yellow Copy - To be Retained by Violator
View Legal Ad# 392362
Print Window Close Window
AD#392362-4!10,2004 0
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral,
Florida will hold a Public Hearing for the
purpose of adopting Ordinance No. 06-2004
and Ordinance No. 07-2004 in the City Hall
Annex, 111 Polk Avenue, Cape Canaveral,
Florida at 7:00 P.M., on Tuesday, April 20,
2004. The ordinances may be inspected in their
entirety in the City Clerk's office during business
hours (8:30 a.m. to 5:00 p.m., Monday -Friday).
ORDINANCE NO. 06-2004
AN ORDINANCE 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 T14E
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.
ORDINANCE NO. 07-2004
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING
CHAPTER 78 OF THE CODE OF
ORDINANCES, UTULITIES; 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.
Pursuant to Section 286.1015, Florida Statutes,
the City hereby advises the public that: If a
person decides to appeal any decision made by
the City Council with respect to any matter
considered at this meeting, that person will
need a record of the proceedings, and for such
purpose that person might need to ensure that
a verbatim record of the proceedings is made,
which record includes the testimony and
evidence upon which the appeal is to be based.
This notice does not constitute consent by the
City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons
with disabilities needing assistance to
participate in any of these proceedings should
contact the City Clerk's office (868-1221) 48
hours in advance of the meeting.
Susan Stills, CMC
City Clerk
AD*: 392362
Publication: Florida Today
Frost Published: 04-10-2004
Page 1 of 1
http://www.flatoday.net/legals/dis.htm?CMD=DISPLAY&Id=12906 04/12/2004
Meeting Type: Regular
Meeting Date 04-20-04
AGENDA
Heading
Ordinances -2"d Reading
Item
8
No.
Exhibits Attached:
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 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.
Exhibits Attached:
Ordinance No. 07-2004
City Man. s Mee '
Department PUBLIC WORKS/WWTP
cat my cumen in\council\ ting\2004\04-20-04\07-2004.doc
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
A.ftorngs at Lase
Usher L. Brown'
Suzanne D'Agresta°
Anthony A. Garganese°
Gary S. Salzman*
John H. Ward 4
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
*Board Certified Business Litigation Lawyer
°Board Certified City, County & Local Government Law
Offices in Orlando, Kissitnmee, Debra S. Babb-Nutcher
Cocoa & Viera Joseph E. Blitch
Jeffrey P. Buak°
John U. Biedenharn, Jr.
Lisa M. Fletcher
Douglas Lambert
Katherine Latorre
Michelle A. Reddin
Kimberly F. Whitfield
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:
Erin J. O'Leary
Of Counsel
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.
Very ly ours,
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.odandolaw.net - Email: fine@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 60 365 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 66 365 days following notification to do so by the city. The city shall
notifythe owner of the property of the availability of the city sewer system. No less than l 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 required to connect to the city sewer system within 1 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.
Jong
=91111 I I L-191 I L9120001 IN LWAYALMLIAL.2
ORION Mr.4 I WANINIP 1VJ4 02 WASIX119-1 LWKWORNIt-111 NJ 0 Nk-Irl UMIN NJ LIJ 91"Iff
..........
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 nate. 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
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
G:\Docs\City of Cape CanaveraPGrdina es\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
Against
Meeting Type: Regular
Meeting Date 04-20-04
AGENDA
Heading
Ordinances -I' Reading
Item
9
No.
I recommend approval at first reading.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 08-2004, AMENDING CODE SECTION 110-352, PROVIDING
DISTANCE REQUIREMENTS FOR FIREWORKS SALES FACILITIES
DEPT./DIVISION: PLANNING & ZONING/GROWTH MANAGEMENT
Requested Action:
City Council consider at first reading, Ordinance No. 08-2004, amending Code Section 110-352, providing distance
requirements for fireworks sales facilities as recommended by the Planning & Zoning Board.
Summary Explanation & Background:
This proposed ordinance would provide for a 1,000 -foot distance between pre-existing fireworks sales facilities and
pre-existing residential use or property.
I recommend approval at first reading.
Exhibits Attached:
Ordinance No. 08-2004; P&Z memo and meeting minutes.
City Manage •' ce !.
Department P&ZJGROWTH MGMT
cape- mydo ument . \council\meeti \2004\04-20-04\08-2004.doc
ORDINANCE NO. 08-2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110 OF THE CITY
CODE RELATING TO THE SALE OF FIREWORKS;
PROVIDING DISTANCE REQUIREMENTS FOR
FIREWORK SALES FACILITIES WITHIN THE LIGHT
INDUSTRIAL (M-1) ZONING DISTRICT; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION
INTO THE CODE, SEVERABILITY, AND AN
EFFECTIVE DATE.
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 finds the sale, display, and storage of fireworks is
inherently hazardous, as evidenced by the U.S. Consumer Products Safety Commission
"2002 Fireworks Annual Report" and Chapter 791, Florida Statutes (2003); and
WHEREAS, the proliferation of the sale of fireworks in the City would be a
danger and detriment to the community; and
WHEREAS, the grouping of fireworks sales facilities in close proximity to each
other or to residential areas poses an unreasonable potential safety hazard in the event of
fire; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby
finds this ordinance to be in the best interests of the public health, safety, and welfare of
the citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the City
of Cape Canaveral.
Section 2. Code Amendment. That Chapter 110, entitled Zoning, 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 the Ordinance of text existing in Chapter 110. It is intended that
the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
City of Cape Canaveral
Ordinance No. 08-2004
Page 1 of 3
CHAPTER 110 — ZONING
ARTICLE VII. DISTRICTS
DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT DISTRICT
Sec. 110-352. Principal uses and structures.
In the M-1 light industrial and research and development district, the following
uses and structures are permitted, provided any use or group of uses that are developed,
either separately or, if developed as a unit with certain site improvements, shared in
common, meet requirements of article IX of this chapter:
(9) Fireworks sales facilities subject to the following distance requirements:
Caj They shall be at least 1,000 feet from any pre-existing fireworks sales
facilities;
They shall be at least 1,000 feet from any pre-existing residential use or
property designated residential on the City's Comprehensive Plan Future
Land Use Map and/or official zoning map;
(c) The distance shall be measured as the shortest linear distance between the
property line of the proposed fireworks sales facility and any pre-existing
fireworks sales facilities or any pre-existing residential use or property
designated residential on the City's Comprehensive Plan Future Land Use
Map and/or official zoning map.
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
City of Cape Canaveral
Ordinance No. 08-2004
Page 2 of 3
shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
day of , 2004.
ATTEST:
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Steve Miller
Jim Morgan
Rocky Randels
Richard Treverton
City of Cape Canaveral
Ordinance No. 08-2004
Page 3 of 3
Date: April 9, 2004
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council Regarding Establishing Distance Requirements
for Storage and Sales of Fireworks
-----------------------------------------------------------------------------------
The Planning & Zoning Board held discussion regarding establishing distance
requirement for storage and sales of fireworks at the meeting held on March 24, 2004 and
unanimously recommended that City Council establish a 1,000 ft. distance requirement
for storage and sales of fireworks from any residential use for safety reasons; and to
measure the distance from property line to property line to be consistant with other
distance requirements throughout the city code. The City Attorney was requested to draft
an ordinance based on the Board's recommendation and submit it to City Council.
Please schedule this proposed ordinance on an upcoming meeting agenda.
Planning & Zoning Board
Meeting Minutes
March 24, 2004
Page 4
that property maintenance is enforced by City code enforcement. Mrs. Gould verified
that no one is allowed to occupy the units.
Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of Special
Exception Request No. 04-01 to the Board of Adjustments with the following condition:
a hedge shall be provided as depicted in Exhibit A; and parking shall only be allowed
north of the dumpster. Vote on the motion carried by a (4) to (1) majority vote with
members voting as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas,
for; Mr. Russell, for; and Ms. Shea -King, for.
NEW BUSINESS:
Preliminary Replat Approval - Beachside Townhomes, Replat of Lot 15, Block 5,
Avon by the Sea Subdivision, (5 10 & 512 Adams Avenue) - John Johanson,
Applicant.
The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised
that staff reviewed the plat and recommends approval. Mr. Johanson, confirmed that he
already cleared the property and the adjacent property. He advised that he intends to
replat and build on all three lots. He noted that this is a replat of the eastern most lot.
Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of
Beachside Townhomes. Vote on the motion carried unanimously.
2. Preliminary Replat Approval - J.M. Jr. Townhomes, Replat of Lot 49, Ocean
Gardens Wave Four, (131 & 133 Ocean Garden Lane) - James Morgan,
Applicant.
The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised
that staff reviewed the plat and recommends approval. He noted that the property was
located in the Ocean Gardens subdivision across the street from the entrance of Harbor
Heights and just south of Circle K. Mr. Morgan, applicant noted that the townhouse
will be similar to the others within the Ocean Gardens subdivision. He would be seeking
the approval of the home owners association once the city has approved the replat.
Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of
Ocean Gardens Wave Four. Vote on the motion carried unanimously.
DISCUSSION
Discussion Re: Establishing Distance Requirements for Storage and Sales of
Fireworks.
City Attorney Garganese advised that the City Council requested that the Planning &
Zoning Board establish distance requirements from residential areas as a further
restriction. Following discussion, the Board agreed that for safety reasons the distan
requirement should be 1,000' ft. from any residential use, measured from property lir
property line.
Planning & Zoning Board --
Meeting Minutes
March 24, 2004
Page 5
Motion by Ms. McNeely, seconded by Ms. Shea -King to request the City Attorney draft
an ordinance based on the Board's discussion and submit it to City Council. Vote on the
motion carried unanimously.
Due to the late hour the meeting was adjourned at 10:07 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Board Secretary
City of Cape Canaveral
Date: April 9, 2004
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council Regarding Establishing Distance Requirements
for Storage and Sales of Fireworks
The Planning & Zoning Board held discussion regarding establishing distance
requirement for storage and sales of fireworks at the meeting held on March 24, 2004 and
unanimously recommended that City Council establish a 1,000 ft. distance requirement
for storage and sales of fireworks from any residential use for safety reasons; and to
measure the distance from property line to property line to be consistant with other
distance requirements throughout the city code. The City Attorney was requested to draft
an ordinance based on the Board's recommendation and submit it to City Council.
Please schedule this proposed ordinance on an upcoming meeting agenda.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveralOcfl.rr.com
Planning & Zoning Board
Meeting Minutes
March 24, 2004
Page 4
that property maintenance is enforced by City code enforcement. Mrs. Gould verified
that no one is allowed to occupy the units.
Motion by Mr. Russell, seconded by Ms. Shea -King to recommend approval of Special
Exception Request No. 04-01 to the Board of Adjustments with the following condition:
a hedge shall be provided as depicted in Exhibit A; and parking shall only be allowed
north of the dumpster. Vote on the motion carried by a (4) to (1) majority vote with
members voting as follows: Mr. Fredrickson, for; Ms. McNeely, against; Mr. Nicholas,
for; Mr. Russell, for; and Ms. Shea -King, for.
NEW BUSINESS:
1. Preliminary Replat Approval - Beachside Townhomes, Replat of Lot 15, Block 5,
Avon by the Sea Subdivision, (5 10 & 512 Adams Avenue) - John Johanson,
Applicant.
The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised
that staff reviewed the plat and recommends approval. Mr. Johanson, confirmed that he
already cleared the property and the adjacent property. He advised that he intends to
replat and build on all three lots. He noted that this is a replat of the eastern most lot.
Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of
Beachside Townhomes. Vote on the motion carried unanimously.
2. Preliminary Replat Approval - J.M. Jr. Townhomes, Replat of Lot 49, Ocean
Gardens Wave Four, (131 & 133 Ocean Garden Lane) - James Morgan
Applicant.
The Board members reviewed the preliminary replat. Mr. Peetz, City Planner advised
that staff reviewed the plat and recommends approval. He noted that the property was
located in the Ocean Gardens subdivision across the street from the entrance of Harbor
Heights and just south of Circle K. Mr. Morgan, applicant noted that the townhouse
will be similar to the others within the Ocean Gardens subdivision. He would be seeking
the approval of the home owners association once the city has approved the replat.
Motion by Mr. Russell, seconded by Ms. Shea -King to approve the Preliminary Replat of
Ocean Gardens Wave Four. Vote on the motion carried unanimously.
DISCUSSION
Discussion Re: Establishing Distance Requirements for Storage and Sales of
Fireworks.
City Attorney Garganese advised that the City Council requested that the Planning &
Zoning Board establish distance requirements from residential areas as a further
restriction. Following discussion, the Board agreed that for safety reasons the distance
requirement should be 1,000' ft. from any residential use, measured from property line to
property line.
Planning & Zoning Board
Meeting Minutes
March 24, 2004
Page 5
Motion by Ms. McNeely, seconded by Ms. Shea -King to request the City Attorney draft
an ordinance based on the Board's discussion and submit it to City Council. Vote on the
motion carried unanimously.
Due to the late hour the meeting was adjourned at 10:07 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Board Secretary
w
WASTE MANAGEMENT, INC.
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Ave,
Cape Canaveral, Florida 32920
April 10, 2004
Re: First Quarter 2004 Report
Dear Mr. Boucher:
Waste Management provided a total of, 26 garbage collections, 13 green waste and 13 recycle collections
to the single-family residents. This equates to approximately 88,139 collections. In addition, service was
provided to approximately 5,100 multi -family units, 45 commercial can customers, 115 commercial
customers and 10 permanent roll off accounts. A total of 38 documented concerns were received by the
City during this time period and the breakdown is as follows: 16 garbage complaints, 4 recycle complaints,
17 green waste and 1 general /dumpster complaints.
If you have any questions or need further information, please feel free to contact me.
Sr. Route Manager
Jim Tuggle
City Clerk/ Human Resource Office
Quarterly Report, April 2004
HUMAN RESOURCES
Position Vacancies:
There are no position vacancies at this time.
Risk Management
No claims filed this quarter.
Workers Compensation
• No claims filed this quarter.
Health Insurance
• Ms. Stills met with the City's Benefits Consultant to review Health Insurance
renewal plans for the upcoming year. No new information to report on renewal
rates.
Investment Workshop
• Ms. Rita Dubois, Certified Investment Advisor and Brevard Community College
Instructor conducted a workshop on investment strategies for all interested
employees. Ms. Dubois reviewed savings methods and how to best use the asset
classes available in the City's 457 Deferred Compensation Plan. A CD of the
session and handouts were made available to every department for those who
could not attend the workshop.
CITY CLERK'S OFFICE
Information Management
• The Clerk's office implemented the new Microfilm Reader/ Printer / Scanner
machine this quarter. The updated microfilm reading equipment was connected to
the existing Imaging workstation and electronic distribution of archived documents
is forthcoming.
EMPLOYEE DEVELOPMENT ACTIVITIES
• Virginia Haas was awarded the Certified Municipal Clerk designation this quarter.
• City Clerk continues to serve on the 2004 Florida Association of City Clerks Annual
Conference Committee. Two planning sessions were held this quarter for the June
event.
PARKS &RECREATION DEPARTMENT QUARTERLY REPORTi.I,%
JANUARY-MARCH 2004 /fJ*
Gator Bill gave a presentation at the Recreation Center on Saturday, January 24th to an enthusiastic crowd of
148. A report is attached.
Space Coast Little League began practicing on February 10th, Opening Day ceremony was held at Canaveral
City Park on February 28th. There are only two teams from Cape Canaveral (8 from Cocoa Beach) playing in
the league this year; a major team with 14 youths and a coach -pitch team with 12 kids.
Special Olympics began using the shuffleboard courts on March 21" to practice for the countywide competition,
which will be held in June. They are here on Sunday afternoons for an hour.
L.A. Construction Services broke ground at Manatee Sanctuary Park on March 1St. They seem to be moving
right along. The foundation for the restrooms/pavilion has been poured, parking lot graded and the utilities are
being installed. While the grader was on site, I had them grade the fill that Bill Young donated so it can be
seeded.
We have a new tennis pro on board. Tom Dundis is a USPTR certified instructor. Tom was with us a few years
ago & moved to the West Coast. He has returned to Florida and teaches not only here, but in a couple of
different centers. He is also a certified golf professional.
We should know by May or June if the two FRDAP grants we applied for are funded by the legislature. Of the
223 applications, the Banana River Park Grant ranked 70th , Canaveral City Park Grant ranked 151. Total
requested funding this year was 30 million, last year only 6 million was funded (27 projects) Hopefully there
will be more funding available this year.
SSA has completed the environmental evaluation of the IITF property. There doesn't seem to be many options
for development. SSA's recommends an elevated boardwalk, access and parking could be a problem.
Cover letter to the report is attached.
Youth Center attendance for this quarter: January — 547/avg. 22 per day
February — 340/avg. 21 per day
March - /avg. per day
As a point of information; the Center registered 155 youths in 2003. Registered youths were from the following
locations:
Cape Canaveral - 123, Cocoa Beach -8, Merritt Island- 7 Cocoa- 4, No Man's Land —4
There is no longer a P.A.L. program in Cape Canaveral. (nor has there been for several months)
UPCOMING EVENTS:
April l Oth — Easter Egg Hunt for pre -school -3rd grade students
Canaveral City Park at 10:00 a.m. (SHARP!)
April 16th, 17th & 18th — Brevard County Traveling Skate Park — Annex Parking Lot
16th — 3-7 pm, 17th —11 am -7 pm, 18th — 12 noon -7 pm
April 23rd, 24th & 25th — Annual Spring Fling Racquetball Tournament
GATOR BILL
REPTILE SHOW
SATURDAY, JANUARY 24, 2004
10:30 A.M.
ATTENDANCE: 148
INCOME $148.00
EXPENSE: BILL ROBB $175.00
FLYERS 13.35
$188.35 + STAFF TIME
March 9, 2004
Nancy L. Hanson
City of Cape Canaveral
Parks and Recreation Director
7300 N. Atlantic Avenue
P.O. Box 326
Cape Canaveral, FL 32920-0326
RE: Environmental Evaluation of Northern City IITFProperty
SSA Job No. 04-0014
Dear Nancy:
SSA
Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) and
our subconsultant AES have completed our initial review of the above leased City property. The
scope of our work has been to evaluate the environmental characteristics of this property and
consider any potential City recreational use that may be planned for the future.
As will be observed in the following report, the property has a high environmental value with
some unique features. These characteristics are discussed in detail with supporting exhibits in
this report.
Recreational uses for this property might consider an elevated boardwalk for passive citizen
use. Both educational, bird watching, and exercise benefits can result. A key to construction of
a boardwalk will be access to the site especially for people with vehicles. In the early planning
stage of this type of project it would be necessary to review access with the Canaveral Port
Authority and possibly the two (2) landowners to the south (ie., Country Inn and Puerto Del Rio).
Boardwalk designs might consider a looped system and should provide the strongest
experience for the shortest length of boardwalk. This type of design might provide access
across the tidal flats with views of the waterways. (See Figure Number 4) As noted, the
educational benefits would be high and the possibility of a grant thru Lagoon funding should be
strong. Another possible funding source for a boardwalk system might be coordinated with
mitigation for off-site improvements such as the Canaveral Hospital Lagoon project.
Finally, it should be noted that some stormwater enhancement activities might be considered for
this property. As off-site stormwater primarily involves only the A1A road system, this
enhancement would not be a major project but would provide some benefits to the Lagoon.
Nancy, if you have any questions on this report please do not hesitate to contact our office. We
look forward to working with you on future projects.
Sincerely,
�JW/ 17
John A. Pekar, PE
Senior Vice President
STOTITF,R STAGG & ASSOCIATES ARCHITECTS • I-AGINFFIRS I'I.ANNGRS,INC;.
8680 Noilh Atlantic Avenue 1'. 0. Box 1630 Capt, Canaveral, Ilot id;t 32920 I t,1 321 'iri3-1320 Pax 321-7133=7065
Lic. #AAC000329 #L:R00007h:! ILM)006700
j:lciviNprojects\admin\I-hanson iift property.doc
TO: Bennett C. Boucher, City Manager
FROM: Ed Gardulski, Public Works Director
SUBJECT: Quarterly Report: January, February, and March 2004
DATE: April 12, 2004
Quarterly Report — 2- Quarter 2004
April 12, 2004
STREETS AND BEAUTIFICATION
1. North AIA Sidewalk. Staff received an Engineering design proposal from SSA for the cost
evaluation of 1524 feet of sidewalk along the east side of the Al A connecting the pedway
from City of Cape Canaveral to the Port. Additional work will be needed for the required
special assessment notice and public hearings in meeting City Code 110-475(g). Staff will
will present findings to City Council.
2. The City's south Al sign: Staff has obtained cost estimates sidewalk, driveway and
landscaping of the corner of Al A and Grant Ave. The City has received a FDOT Permit.
Construction is pending City Council approval. This project is part of an City Agreement
with Yogi's Foods.
3. Butterfly Garden: A citizen had requested a Butterfly Garden to be constructed within the City
of Cape Canaveral. Staff is reviewing areas for this project. This may be a good volunteer
project to plant an area located at the Library and other future areas around the City of Cape
Canaveral.
4. The City finalized the Inmate Crew Agreement. The City is waiting for the purchase of the
Van. Until the City receives transportation, the County will provide transportation at the City
expense.
5. The Volunteer Sea Oats Planting Project. Staff is setting up a City Volunteer project for
Saturday Feb 28th. This project will entail the planting of sea oats along the existing sand
fence. The project was a great success as the result of the die-hard volunteers that were able to
endure the cold windy morning. Great jab!
0 Page 1
Page 2 of 3
Quarterly Report — e Quarter 2004
April 12, 2004
RECLAIMED WATER
1. Plant Production:
January
February
March
2 0 Quarter
Wastewater treated:
25.77
MG
24.8 MG
27.8
MG
78.37MG
Reuse Cape Canaveral
13.42
MG
9.2 MG
16.04 MG
38.66 MG
Reuse Cocoa Beach
0
MG
0 MG
0
MG
0 MG
Port Canaveral
.25
MG
.21 MG
.194
MG
.65 MG
Total Reuse:
13.67
MG
9.41 MG
16.64
MG
39.31 MG
River Discharge:
12.1
MG
15.62 MG
11.34
MG
39.06 MG
Rainfall:
.1.9"
.3.4"
.72"
6.02"
Reclaimed Customers:
5
4
4
13
2. The City awarded Atlantic Development of Cocoa, Inc. with emergency repair of 16"Sewer
main that connect the East side with west side of the City. Mobilization in 2 weeks.
3. Request for Sealed Bids No. 04-01. Construction of Wastewater Treatment System
Improvements when out. Bid Opening Will be on April 8, 2004.
4. Reuse Water Distribution Expansion Project. Request for Sealed Bids No. 04-02
Directional Boring of Reuse Distribution Lines. Pre -Bid Meeting to Be Held On
April 16,2004. Reuse Water Distribution Expansion Project. The engineering design for the
expansion of the reuse system within the Avon by the Sea Subdivision was approved by
City Council at the December 16th meeting. This project will extend the services along
Adams, Monroe, Tyler and Lincoln.
5. Griner's Pipeline Inc has mobilized and are cleaning and relining the City's sanitary sewer
lines. Work completed 3,260 linear feet of 8" piper.
6. Staff continues inspection for cross connection and backflow preventers. Tested (90)
backflowers and inspected (90) Residents for cross connection this quarter. Repaired (5)
Backflow Preventers, Also replaced (4) enclosures/ valve boxes.
0 Page 2
Page3 of 3
Quarterly Report — 2� Quarter 2004
April 12, 2004
STORMWATER
1. North Ridgewood Stormwater project is completed. Contractor did the job without any
problems and on time. The project was a design built by SSA.
2. International Drive Stormwater Project: Completed the inspection and installation of the
Baffle Box. Contractor Jo Bear, did a professional job.
3. Prepared and finalize the ERU'S on all properties throughtout the City.
4. Staff mandate ERUS on all new residence and commercial properties.
5. Assisted the Finance Department in correcting stormwater billing through debits and
credits.
6. Scheduled contractor to clean Baffle Box on Central Blvd. Project is completed. (Removed
16-17 cubic yards of sand and debris). The Contractor Settled Soilds did a great job.
a.) International Dr. Baffle Box cleaning, debris only
b.) WWTP Baffle Box cleaning, debris only.
7. Generated a Stormwater Management Systems Inspection form, which include the
following:
1.) Inspection of all retention areas throughout the City.
2.) Inspection of (wet) Ponds.
3.) Inspection of (dry) retention areas.
4.) Operation, Maintenance and Management of Stormwater Systems.
8. Site Inspections -
a.) Completed 12 Ponds (wet retention) inspections.
b.) Completed 10 dry retention inspections.
9. Notified in writing, two (2) Pond owners that their stormwater ponds were in non-
compliance with Regulation Standards.
10. Ongoing inspection of all new construction sites for state mandate regulations
in regards to erosion and sediment control.
11. Correspondence with Stormwater Association. Attended monthly and bi-monthly
meetings.
12. Initiated updates on stormwater maps and drawings throughout the City.
0 Page 3
Memo
TO: Bennett Boucher, City Manager
From: Walter Bandish, Asst. P.W. Director/Stormwater Coordinator
Date: April 8, 2004
Re: Stormwater — Quarterly Report, 2nd Quarter
1. Prepared and finalized the ERU's on all properties throughout the City.
2. Mandate ERU's on all new residence and buildings.
3. Assisted the Finance Department in correcting stormwater billing through
debits and credits.
4. Reviewing new site plans for stormwater regulations.
5. Completed the inspection and installation of the Bafflebox on International
Drive.
6. Scheduled contractor to clean Bafflebox on Central Blvd. (Removed 16-17
cubic yards of sand and debris).
a.) International Dr. Bafflebox cleaning, debris only.
b.) WWTP Bafflebox cleaning, debris only.
7. Generated a Stormwater Management Systems Inspection form which
include the following: 1. Inspection of all retention areas throughout the City.
2. Inspection of (wet) Ponds. 3. Inspection of (dry) retention areas. 4.
Operation, Maintenance and Management of Stormwater Systems.
8. Site Inspections -
a.) Completed 12 Pond (wet retention) inspections.
b.) Completed 10 Dry retention inspections.
9. Notified in writing, (2) Pond owners to have ponds in compliance with
regulation standards.
10. Ongoing inspection of all new construction sites for state mandate regulations
on erosion and sediment control.
11. Correspondence with Stormwater Association. Attended monthly and bi-
monthly meetings.
12. Initiated updates on stormwater maps and drawings throughout the City.
0 Page 1
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BUILDING DEPARTMENT
Date: April 13, 2004
To: Bennett Boucher, City Manager
From: Todd Morley, Building Official
Re: Building Department
Quarterly Activity Report: January — March 2004
The following report is a summary of the Building Department's activities,
accomplishments and on-going projects for the months of January — March 2004.
Building Department - Overview:
• Code Enforcement Officer Duree Alexander successfully completed her
probationary employment period.
• Building Inspector Tim Reaves has obtained several provisional licensure
categories.
• The Building Department was able to assist the Public Works
Department in obtaining an easement for a City welcome sign and
beautification at the Southern entrance to the City at Highway AIA.
• Susan Chapman and Joy Daine both attended a day seminar hosted by the
International Code Council for Permit Technicians. This covered several
areas of the Florida Building Code.
• Duree Alexander attended a F.A.C.E. conference for continuing
education for Code Enforcement.
• Building Official Todd Morley regularly attends BOABC and Building
Code Committee functions.
Projected and on-going projects:
• AJT Building — (North end of Astronaut Blvd.) Awaiting submission of
site plan.
• Amoco site remodel - (At Atlantic and Astronaut) Has received pre -
application review but has not submitted for site plan review.
4/13/2004
Building Department Quarterly Report
January — March, 2004
2
• Bayside Condominiums and Townhomes — (At W. Central and Thurm
Blvd.) 100 residential units. Construction is ongoing.
• Bayport Condominiums and Townhomes - (At W. Central and Thurm
Blvd. - S. of Bayside Condominiums) 106 residential units. Construction
is ongoing.
• Beach Side Townhomes - (Adams Avenue) Four (4) residential units.
Construction plans under review.
• Canaveral Woods (formerly Ocean Woods West) — (At Ocean Woods
and N. Atlantic) Nineteen (19) residential units. Construction is ongoing.
• Cape Club Condominiums — (At beach -end of Jackson) Sixteen (16)
residential units. Construction is ongoing.
• Casa Del Vista — (S. Ridgewood Avenue) Three (3) residential units.
Construction is nearing completion.
• Discovery Bay Single Family Subdivision - (Manatee Bay Drive) One
(1) residential unit. Construction is nearing completion.
• Doug Wilson, SFR — (Holman Rd.) — One (1) residential unit.
Construction plans under review.
• Holman Rd. - One (1) Single Family Residence. Construction is
ongoing.
• King Rentals — (At Central and N. Atlantic) Commercial addition
construction is ongoing.
• Lincoln Ave. — One (1) Single family residence. Has received a special
exception and CAB approval.
• Madison Cay (a.k.a. Shores of Artesia, a.k.a. Sand In the Shoes) —
(One block south of Surf and Ridgewood) Nineteen (19) residential units.
Construction plans have been reviewed and rejected.
• Majestic Bay - (South of Wachovia Bank on Atlantic) Twenty-nine (29)
residential units. Foundation -only permit issued for the one (1) five -story
building. Construction plans for one (1) two-story condo under review.
• Manatee Sanctuary Park (City Project) — (At West end of Thurm Blvd.
N. of PW facility) Construction is ongoing.
• Marie Ann Villas — (Monroe at Poinsetta) Fourteen (14) residential units.
Construction plans under review.
• Oak Lane — One (1) Single Family Residence. Has received CAB
approval.
• Oak Park — (N. Atlantic, just S. of Shorewood) Forty (40) residential
units. Site plan under staff review.
• Ocean Estates — (At beach -end of Monroe Avenue) Seven (7) residential
units. Construction is ongoing
4/13/2004
Building Department Quarterly Report
January — March, 2004
3
• Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's
Nursery) Forty (40) residential units. Site plan approved. Construction
plans not submitted.
• Polk Ave. — One (1) Single Family Residence. Construction plans under
review.
• Port Side Villas — (N. Atlantic Avenue, across from Villages of Seaport)
120 residential units. Construction plans under review.
• Country Inn & Suites - (Just North of Racetrac on Astronaut) 154 Hotel
Units. Approved by Community Appearance Board. Waiting for Site
Plan.
• Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 residential units
in Phases I & II. 240 residential units in Phase I1I. Total # of residential
units at project build -out = 404. Construction is ongoing.
• Radisson Fabric Structure — (S.W. of Radisson) Construction is
ongoing.
• River Gardens Condominiums — (On King Neptune) Thirty (30)
residential units. Construction is ongoing.
• Solana On The River — (River -end of Center St - Sevilla and Marbella
Court.) Total of eighty (80) residential units at build -out. Construction is
ongoing.
• Sunrise Villas Townhomes — (N. Atlantic Ave.) Three (3) residential
units. Construction is nearing completion.
• Tech Vest, Phase X — (Center Street) — Foundation -only permit has been
issued. Construction plans under review.
• Villages of Seaport (Phase 7) — (E. end of Seaport Blvd.) Total of 160
residential units at build -out. Construction of the first and second of four
Five -story buildings has begun.
• Villages of Seaport — (W. end of Seaport Blvd.) One (1) townhouse
building is under construction. The overall project is ongoing.
• Villas by the Port — (Across the street from, and just N. of, Harbor and
N. Atlantic) Thirty-four (34) residential units. Special Exception
approved. The Community Appearance Board approved the project. Site
plan is under review.
Recently completed projects:
• Alleyway Vacation Request- (corner of Lincoln & Johnson Avenues) —
Property owners agreed and City vacated the alleyway.
• Discovery Bay — Two (2) Single Family Residences.
4/13/2004
Building Department Quarterly Report
January — March, 2004
4
• Monroe Ave. — One duplex.
• Ocean Gardens Subdivision — (At Ocean Gardens and N. Atlantic) One
(1) Single Family Residence.
• River Gardens Bldg. A — (King Neptune Ln.) Six (6) residential units.
• Villages of Seaport — (W. end of Seaport Blvd.) Fifteen (15) residential
townhouse units.
• Villa Toscana — (Chandler Street) Four (4) residential units.
Permitting Statistics:
(188) Permits were issued with a total construction valuation of
$103,038,220.70.
The department assessed $188,099.87 in permitting fees and
$70,494.30 in sewer impact fees.
(128) Permits were finaled.
(26) Certificates of Occupancy were issued.
(707) Inspections were performed.
Code Enforcement Activities:
Cases brought into compliance in field: 72
Number of cases presented to Board: 18
Number of current cases: 22
Total number of cases for the quarter: 112
Areas of violations by Code Section:
34-99;
Landscape Appearance and Maintenance
1
2.5%
70-69;
Occupational License Required
5
12.5%
70-75;
Penalty For Failure to Obtain or Renew License
1
2.5%
110-334;
Special Exceptions
1
2.5%
110-344;
Prohibited Uses and Structures
2
5%
104/105;
Florida Building Code -Permits & Inspections
13
32.5%
34-97;
Responsibilities for Maintenance of Parking
3
7.5%
94-76;
Temporary On -Premise Signs
1
2.5%
22-40;
(CAB) Approval Prerequisite for Permits
1
2.5%
94-31;
Permit Required
2
5%
94-4;
Exemptions
1
2.5%
110-470;
Fence, Walls & Hedges
1
2.5%
82-116;
Adoption of National Electrical Code
1
2.5%
34-97;
Duties and Responsibilities
2
5%
34-96;
Standards Established
2
5%
82-146;
Adoption of Plumbing Code
1
2.5%
34-100;
Sign Appearance and Maintenance
1
2.5%
110-295;
Prohibited Uses and Structures
1
2.5%
TOTAL
40
100%
4/13/2004
Building Department Quarterly Report
January — March, 2004
5
Areas of violations by District:
Section 14 Northeast Section
12
30%
Section 15 Northwest Section
5
12.5%
Section 22 Southwest Section
5
12.5%
Section 23 Southeast Section
18
45%
Total 40
100%
Community Appearance Board:
The Community Appearance Board reviewed (15) requests. (14) were
approved, (1) denied.
Planning & Zoning Board:
The Board approved (2) plats and no site plans.
The Board reviewed (2) proposed ordinances during this quarter.
The Board recommended (7) special exceptions to the Board of Adjustments.
The Board recommended (2) vacation of easements to City Council.
Board of Adjustments:
The Board of Adjustments held (2) meetings during this quarter. (4) Requests
were approved.
Construction Board of Appeals:
There were no meetings held during this quarter.