Loading...
HomeMy WebLinkAboutPacket 05-18-2004OF City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 18, 2004 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Representative Bob Allen, Legislative Issues Update. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 4, 2004. 2. Resolution No. 2004-19; Appointing a Second Alternate to the Beautification Board (A. Schaffner). CONSIDERATIONS: 3. Motion to Approve: Quarterly Budget Report and Transfers for the Period Ending March 31, 2004. ORDINANCES: Second Public Hearing: 4. Motion to Adopt: Ordinance No. 09-2004; Implementing the Use of Civil Citations for Unlicensed Contractors and Failure to Obtain a Building Permit, at second reading. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting May 18, 2004 Page 2 of 2 RESOLUTIONS: 5. Motion to Adopt: Continued Operation Air Force Station. DISCUSSION: 6. Community Center. REPORTS: 1. City Manager 2. Staff 3. City Council Resolution No. 2004-20; Formally Supporting of Patrick Air Force Base and Cape Canaveral 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 Statuses, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 4, 2004 7:00 PM CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: MINUTES Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Assistant Public Works Director Walter Bandish PRESENTATION: Mayor Randels presented a Proclamation to Dr. Jose Martin as liaison of the Sister City, Vila Do Bispo, Sagres. Dr. Martin in turn presented a gold medallion from Vila Do Bispo. Dr. Martin expressed it an honor to make the visit and he informed that he would return in July with a group of 30 visitors from his City in an effort to continue the established bond. He expressed his gratitude for the help of Mr. Carlos Caldas who is from his native country. Mr. Carlos Caldas informed that he is a native of Portugal and is now an American citizen. He explained that his company that is out of Dayton, Ohio and works with NASA. He offered his services and that of his local company on Merritt Island to assist with Dr. Martin's visit in July. Mr. Caldas stated that both Mr. Kennedy, Executive Director of the Kennedy Space Center and Mr. John Glenn would be available during the July visit. City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 2 of 10 BOARD INTERVIEW: Andrea Schaffner, Beautification Board Mayor Randels called on Ms. Andrea Schaffner for her Board interview. Mr. Nicholas informed that Ms. Schaffner participated on the Butterfly Garden project. She replied to the City Attorney that all information on her application was correct to the best of her knowledge. She replied to the City Attorney that her willingness to work and her interest in the City prompted her to apply to the Board. Ms. Schaffner replied to Mr. Treverton that she would be interested in serving on the Community Appearance Board if a vacancy became available. Council members concurred that she would be an asset to the Board. Mayor Randels stated that a Resolution to appoint Ms. Schaffner would be placed on the next City Council meeting agenda. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 20, 2004. 2. Proclamation for Civility Month. 3. Letter of Support to Brevard County for the Byrne Grant Program. Mayor Randels asked if any Council Member, staff or interested party desired to remove any item from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Consent Items No. 1 through 3. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 4. Motion to Approve: Award Reuse Water Line Bid No. 04-02. Mayor Randels provided the background history on the Reuse project in that the City Council apportioned funds from Sewer Impact Fees each year to continue the Reuse Project. He stated that the project would continue on Adams, Monroe, Tyler and Lincoln Avenue. Mr. Bandish stated that references on Wiring Technologies, Inc. were found favorable and the Public Works Director recommended the bid award. Mr. Bandish requested to include the block of Jefferson Avenue to the project for an additional amount of $18,000. Mr. Boucher recommended that Council award the bid and return at a later time for a formal change order to add Jefferson Avenue. Mr. Larry Morgan of Wiring City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 3 of 10 Technologies replied to Mayor Pro Tem Hoog that he worked with Carl Hankins on previous projects and the Hankins crew would perform this project. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Award the Reuse Water Line Bid No. 04-02 to Wiring Technologies in an Amount of $239,886. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Request for State and Federal Transportation Project Funding. Mayor Randels reviewed the City's previous list of State and Federal Transportation Project Funding for projects along State Road A1A as: 1) to Reconfigure Alignment of the Intersection of State Road Al at International Drive and North Atlantic Avenue, 2) Construct a Pedestrian Overpass at State Road Al and Columbia Drive, 3) to Install a Traffic Signal with Pedestrian Features at State Road A1A and Columbia Drive, 4) to Install Overhead Boom/Mast Arm Signals at Four (4) Locations on State Road A1A, 5) implement a Street Lighting Plan on State Road AIA, 6) Synchronize Traffic Lights on State Road A1A and 7) Design and Construct an Urban Roadway Profile on State Road A1A. Mayor Randels informed that Items No. 1 and 7 were successfully added to the Florida Department of Transportation's list as Item No. 9, however funding expired before implementation occurred. Mayor Pro Tem Hoog expressed that International Drive is still a priority. He also said that the Columbia Drive Intersection as a safety concern is also still a priority. The City Manager would forward Council's requested priority order list. Council agreed by consensus to Approve the Request for State and Federal Transportation Project Funding. 6. Motion to Approve: Contract Administration and Inspection Services for the Reclaimed Water Line Extension Project. Mayor Randels asked if the proposal includes the as -built drawings. Mr. Pekar stated that the drawings evolve to become the drawings of record that are included in the proposal. A motion was made by Mr. Miller and seconded by Mr. Morgan to Approve the Contract Administration and Inspection Services for the Reclaimed Water Line Extension Project to Stottler, Stagg and Associates, Inc. in an Amount of $9,500.00. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 4 of 10 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 08-2004; Amending Code Section 110-352, Providing for Distance Requirements for Fireworks Sales Facilities, at second reading. Mayor Randel read Ordinance No. 08-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CITY CODE RELATING TO THE SALE OF FIREWORKS; PROVIDING 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. Mayor Randels pointed out the radius boundary lines of 1,000 feet between potential established properties. Mayor Randels read the Whereas Clauses within the ordinance. Mayor Randels stated that fireworks sale is a legal establishment and the City is therefore providing a designated space for these facilities within an industrial area. Council members discussed possible residential building in the adjacent C-1/ C-2 zoning. Attorney Garganese replied that if residential use were approved in the C-1/ C-2 zoning, 80 percent of the proposed available M-1 zoning would be lost. Attorney Garganese replied to Mayor Randels that the City could inadvertently, if City maps are not regularly monitored, preclude a particular use. Attorney Garganese stated for the record that the State Legislature did not pass any legislation regarding fireworks. Mr. Leo Nicholas questioned the Port's policy regarding discharge of fireworks in the Port area since the proposed zoning is adjacent to the Port. Mayor Randels recommended forwarding the results of Council's actions to the Port Commission. A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Ordinance No. 08-2004 at second reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 09-2004; Implementing the Use of Civil Citations for Unlicensed Contractors and Failure to Obtain a Building Permit, at first reading. Mayor Randels read Ordinance No. 09-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE CODE ENFORCEMENT CITATION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 82, ARTICLE XV RELATING TO UNLICENSED CONTRACTORS AND CONSTRUCTION WITHOUT A BUILDING PERMIT; AUTHORIZING City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 5 of 10 AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA STATUTES FOR UNLICENSED CONTRACTING AND FAILURE TO OBTAIN A BUILDING PERMIT AS MORE SPECIFICALLY SET FORTH HEREIN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read the Whereas Clauses within the ordinance. Mayor Randels pointed out how this ordinance would benefit the City's homeowners. He also pointed out how twenty percent of the Code Enforcement Officer's time is used to address contracting. Therefore, the Building Official requested to establish a procedure for regulation. Mr. Boucher added that this would also assist Ms. Alexander in her information gathering in order to pursue a potential violator. Mr. Morgan replied to Mr. Treverton that owner/ builder exemptions exist under Florida Statutes 489. Mayor Pro Tem Hoog expressed the difficulty of enforcement of unlicensed activity. Discussion concluded that the ordinance would not target homeowners who perform their own repairs. Attorney Garganese explained that this law is a civil penalty and also a criminal felony offense for someone who is operating as though they were licensed to perform construction work. He stated that this is an enabling ordinance for the City to issue a citation and for law enforcement to follow up as a criminal offense. Attorney Garganese informed that this ordinance also allowed for regulation to deter predator contractors during emergency management circumstances such as in post hurricane restoration and he stated that the citations act as a stop work order. Mr. David Lackstrom, President of the Villages of Seaport Board of Directors, inquired on the result of a homeowner acquiring a permit but contracting out the work. Mr. Miller replied that if an owner/builder permits and then hires labor, their subcontractors performing the work must carry the same qualifications as if a General Contractor had hired them. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Ordinance No. 09-2004 at first reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Approve: Ordinance No. 10-2004; Vacating a Portion of Harbor Drive Right of Way, at first reading. Mayor Randels read Ordinance No. 10-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, VACATING THAT PORTION OF THE HARBOR DRIVE RIGHT-OF-WAY LOCATED TO THE EAST OF LOT 100 AND WEST OF LOT 19 AS RECORDED AS DEPICTED ON THE PLAT OF HARBOR HEIGHTS, THIRD ADDITION, AS RECORDED IN PLAT BOOK 15, PAGE 81, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; (CONTAINING APPROXIMATELY 8,134.1 SQUARE FEET MORE OR LESS); PROVIDING City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 6 of 10 FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, RECORDATION AND AN EFFECTIVE DATE. Applicants David Eppley and Rhonda Lee made a request for the City to vacate a portion of a right-of-way at the end of Harbor Drive. Mr. Morgan asked if the easement ran down the center of the 80 -foot right-of-way? Mayor Randels affirmed. Attorney Tony Hernandez spoke on behalf of the Eppley's of 395 Harbor Drive, Lot 100. He stated that the Lees reside at 400 Harbor Drive to the west on Lot 19. Mr. Hernandez pointed out that property owners on both sides are aware that emergency situations would necessitate access. Mr. Hernandez pointed to an unfinished sidewalk and proceeded to outline the benefits for the City as: 1) beautification of the area, 2) continued maintenance that is currently performed by the Eppleys and the Lees, 3) the issue of liability due to an existing wall that constitutes an attractive nuisance, such liability would fall on the property owners through homeowner policies, 4) private ownership would result in enforceable trespass laws and 5) the property would revert to the tax rolls. Mr. Hernandez referred to a memorandum dated March 13, 1991 from City Manager, Ed Spenik that informed that resident did not desire on street parking in the area. He submitted to the Council that the Eppleys and the Lees are committed to enhancing the aesthetic qualities of the property. Mr. Boucher informed that there is a 20 -inch water main on the property. Mr. Bandish concurred. The easement includes all utilities. Mr. Morgan expressed that he was in favor of the vacation and asked if the 20 -foot piece of property would have an established surface. Mr. Hernandez related from Chief Sargeant that the surface did not have to be paved however landscaping aesthetics would follow. He replied to Mr. Morgan that he would comply with any State regulations regarding the 20 -foot piece of property. Mayor Pro Tem Hoog asked if the chain link gate would remain. Mr. Hernandez replied that any installed gate would be approved by the Fire Department. Mr. Lackstrom informed that there is an electrical connection on the proposed property. Mr. Hernandez replied that Beach Mapping concurred that there is electrical wiring for automated gate purposes. Mayor Randels stated that the proposed Ridgewood Avenue extension did not occur and no property would be built between the two neighbors. Mr. Treverton expressed his favor and asked why the Eppleys could not build subject to setback. Mr. Hernandez replied that either the Lees or the Eppleys would have to abide by City zoning requirements. Mr. Nicholas expressed that he did not find the property without value and questioned the possibility of beach access parking even though the residents might disagree. He stated that he did not see the benefit of relinquishing the property to the applicants since no valuation would occur if the property reverted to the tax rolls. The Eppleys addressed the Council and stated that they have been coming to the City for over 27 years. Mr. Eppley stated that he did not anticipate occurrences with vagrants or unattractive litter and their mission is to maintain the areas beauty. Mayor Randels stated that potential future use or existing easements are criteria for vacating public land. Mayor Pro Tem Hoog reminded that beach end parking was a previous problem for the residents of Harbor Heights. He also reminded that in emergency circumstances finding vehicle owners parked in the City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 7 of 10 access presented a problem. He expressed favor with turning the property over to the applicants. Mr. Morgan expressed that the land would serve for no other application than to turn it over to the applicants. Mayor Randels described the stipulations of the ordinance regarding the easement. Attorney Garganese asked if the easement would come in the form of a separate easement document to accommodate the City of Cocoa as the third party of the public utility water easement. Attorney Hernandez agreed that he would draft the required document. Attorney Garganese said that the City Manager would provide notice to all possible utilities between the First and Second Reading and this information is needed before the Second reading. Attorney Garganese asked Attorney Hernandez if he had completed a Notices and Encumbrances report. Attorney Hernandez replied that he had not. Mr. Boucher stated that an emergency access gate was part of a Development Agreement. Mr. Boucher informed the Council that due to the noticing requirements and utility letters on this ordinance, a second reading would delay until the first City Council meeting in June. Mr. Nicholas requested a stipulation to stabilize the 20 -foot easement in order to accommodate fire truck equipment. Mayor Randels referred to the Planning and Zoning Board Minutes of November 12th and read that one of the stipulations calls for stabilization. Mayor Randels directed Attorney Hernandez to acquire documentation from the Fire Department regarding stabilization requirements. Mr. Boucher reminded that the Planning and Zoning Board would perform a second review. Mayor Randels concluded that the City Council would follow the Planning and Zoning Board's recommendations. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve Ordinance No. 10-2004 to Vacate the Harbor Drive Right -of -Way at first reading to include the Stipulations on the Easement. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 10. Motion to Adopt: Resolution No. 2004-17; Adopting a Citation Form. Mayor Randels read Resolution No. 2004-17 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTING A CITATION FORM IN ACCORDANCE WITH ORDINANCE NO. 06-2004; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Council reviewed the draft document and agreed with its format as submitted. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 8 of 10 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004-17. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 11. Al Sidewalk Project Update. Mayor Randels related that this project is for a sidewalk on the east side of State Road Al for 1,524 linear feet from Central Blvd. on SR AllA continuing north to Port Canaveral at an estimated cost from the City Engineers of $38,581. The photos in the Agenda Packet outlined some of the obstructions. Mr. Morgan expressed that the project would become a major expense. Mr. Boucher stated that there is a drainage canal encroachment issue that needs to be addressed. He stated that due to development, there would be an opportunity for a sidewalk on the west side. He anticipates action from the Florida Department of Transportation [DOT] to address the drainage issue. Mr. Morgan expressed and Mr. Treverton concurred to allow DOT to take corrective action first. Discussion followed on the necessity of the project. Mayor Randels summarized that the Council did not desire to proceed with the project at this time. REPORTS: 1. City Manager • Mr. Boucher distributed a draft of the City newsletter and encouraged Council's input. • Mr. Boucher announced the Joint Meeting with the City of Cocoa Beach on Wednesday, May 5th to discuss Relocation of the Freedom 7 Center. Mr. Boucher related the feedback he gained of relocating the Senior Center at the Cocoa Beach Country Club with Cape Canaveral sharing the expense. • Mr. Boucher reported that he and the Mayor attended the Citizens Academy at the Cape Canaveral Library. Dr. Martin of Vila do Bispo was impressed with the democratic process. • Mr. Boucher reported that the Sherifrs Department was seeking funding from the Brevard County Commission for a School Resource Officer at the Elementary Schools. He has not acquired reporting from the Commander regarding needs assessment. • Mr. Boucher announced that Representative Bob Allen planned to attend the City Council meeting on May 18th for a Legislative Session update. 2. Staff Assistant Public Works Director • No report. City Clerk • Ms. Stills announced that the Cape View Third Grade visit would happen on Thursday, May 6th beginning at 9:30 A.M. City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 9 of 10 City Attorney • Attorney Garganese reported that the Council would hear a report on the Sand -in -the - Shoes issue at the next City Council meeting. He stated that he would represent City Council and Attorney Bill Reischmann would represent the City Manager and staff. Attorney Garganese recapped for the Council that the Planning and Zoning Board approved a site plan and the developer proceeded with building plans. However, when the Building Official reviewed the final plan, development occurred outside of the setback that is on the vested site plan. The question for interpretation is what was actually vested at the time of site plan approval. Attorney Garganese explained to the Council that he could only represent one faction of the City since he could not both advise and recommend between Council and to staff especially if one party has an opposing view. • Attorney Garganese reported on the comprehensive rewrite of the Adult Entertainment ordinance. He encouraged the Council to read the materials that he left with the City Manager. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to hold a Special City Council Meeting at 5:00 P.M. on May 18th to hear the Quasi -Judicial Matter on Sand -in -the -Shoes. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. AUDIENCE TO BE HEARD: Mr. Leo Nicholas thanked the Mayor and the Public Works Department for their participation in the Arbor Day celebration. He also thanked the Public Works Department for the participation on the Butterfly Garden project. 3. City Council Mr. Miller • No report. Mr. Morgan • No report. Mr. Treverton No report. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog related that he found his trip to Tallahassee for Legislative Days beneficial. • Mayor Pro Tem Hoog also encouraged new elected officials to attend the Elected Municipal Officials Conference. • Mayor Pro Tem Hoog reported on the Brevard County Charter Review committee and Home Rule issue would adversely affect municipalities. An amendment on annexation is still forthcoming. City of Cape Canaveral, Florida City Council Regular Meeting May 4, 2004 Page 10 of 10 Mayor Pro Tem Hoog announced a Kiwanis Club would meet in the City Hall Annex on May 5th at 7 A.M. regarding playground equipment at the Cape View Elementary School. Mayor Randels • Mayor Randels reported on Arbor Day activities and noted three oak trees planted. Mayor Randels reported on participating in the 41St Space Congress at the Radisson. Mayor Randels reported on the Grand Opening of the new Ron Jon Cape Caribe Resort. Mayor Randels announced that he has participated in tree planting at local area schools through the Urban Forestry Council. Mayor Randels reported on the success of the City's first Citizens' Academy that occurred at the Cape Canaveral Library. Mayor Randels related a thank you from the Oswalds of 394 Harbor Drive for the palm tree planted near the beach. Mayor Randels noted the Joint Meeting with the Cocoa Beach Commission on May 5th. Mayor Randels reported on Sex Offender monitoring in Lee County and asked when our next check was due to occur. There are 11 sex offenders located in the City. Mayor Randels reported on the fireworks article published in Florida Today. Mayor Randels reported on $12.6 million in the State budget for local projects. The Medicare program consumes 25 percent of the entire State budget. • Mayor Randels announced that new books are available in the City Hall and Annex information racks entitled "The Official Hurricane Guide." ADJOURNMENT: Rocky Randels, MAYOR Susan Stills, CMC, City Clerk Meeting Type: Regular Meeting Date 05-18-04 AGENDA Heading Consent Item 2 No. Resolution No. 2004-19 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2004-19, APPOINTING A SECOND ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2004-19, appointing Mrs. Andrea Schaller as a second alternate member to the Beautification Board. Summary Explanation & Background: Mrs. Schaffner was interviewed by the City Council on 5/4/04. Her term will expire on 11/1/2007. Exhibits Attached: Resolution No. 2004-19 City Ma� Office - Department LEGISLATIVE ll, c-18-04\2004-19.docy RESOLUTION NO. 2004-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A SECOND ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-181(a) created a Board known as the Beautification Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint a Second 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. Andrea Schaffner is hereby appointed as a First Alternate Member of the Beautification Board of the City of Cape Canaveral, Florida, with term to expire on November 1, 2007. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of May, 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Steve Miller Jim Morgan Susan Stills, CITY CLERK Rocky Randels Richard Treverton APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY SAAR 15 2004 \ L �lt�s of£ CiTI OF CAPE CAi�11A�tERAt. APPMAT10N FM APP �� o crrySection 2-171. c � ��B ARD OR ooMMrt City Code mom Prospective and exis&g board members to fill out an application. City Code also prohibits a Person from roving on a City Board or Committee if that Person has been convicted of a felony, unless their civil rights have been restored. Please mnpige the foNoWng in the space Provided: A. GENERAL 1. APPNcant Name: d a sch a r� 2 Home Address: -- 3. Home Telephone. Y68 - 3089 4. pccx palon: wrle, 6. Business Telephone: 6. Business Address: B. EUCAUL1Ty She information Provided in this section is for purposes of determining wether you are eligible to serve on a City advisory board ar committee. 1. Are you duty regishtred to vote in Brevard CO~ M V/(N) 2. four 12 nwn#M MWO(t Of� (Y)-Z(N)— Canaveral 3a. HaVO you ever Laren convicted or found Oft, rsgwcftss of acfudiealion, of a felony in any jsditrt7 Any p lOa of nolo contendere (no contest) shall be consWo ed a (Y) _ (Nl v, conviction for proposes of this question. 3b. If yes to 38, have your dvN rights been restored? M (N) 4a. Do you presently Serve on any other City Of Cafe (Y) (N) f Cansv" advisory board or committee? 4b_ if yes to 48, please fist each: 5. City ordinance mknllres tact all persons applying for a City advisory board or conwnfte muxt vokmWly consent to a standard criminal background dieck before being Q.PC appointed to a board or committee. Do you vokx*w#y initials consent to having a standard background dredk pwfbmwd on you by the City of Cape Canaveral? (ln V (N) Ela. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) _Z 6b, If yes to 6a, please provide names) of persons) and relaBonship to you: C. INTERES 1. Briefly state interest in ming on a City advisory board or C d r dtnee# ttln Ih t1.t,�t 131 e nu c 2. Briefly state any prior experiences in serving on any goverrment d board or committee: n r2k4or v_aPr-iBf' ce. 3. Please fist any specialized slugs and training (e.g.. architet engineer, general contactor, eta) that you feel help to qualify you for membership on the desired board or Mu aZd committee: rs Were- man rmn t -L-- t 4D-M4,ftaYi s stems . I.h tw,cry►'f c,ts u/&V rn LoehDuJzr-egas4err)s dtAt4mar Dmaramrr, CiSwe(� tiS pro�eCf- n'iQrta$G�enr- ulhile."r�ertrur IS J%AXIdr�'C4 nor' umS 4. in numerical sequence (1 = most interested), please rank which advisory `board con rase on which you wish to serve: orrcnt/td ryVncJ. pr-jr,Wel e�y � `` j' I� bodu d matters. Beautificatoa Board b. Board of Adtcrabrrenr C; _ -' Business and CWkffvd Development Board d. Code Enrorvement Board- s. _ jCo rmunity Appearance Board' f. Construction Board of AdAmenent and Appeals` oLibrary Bow h. Planning and Zoning Board' L Recxeallon Board A= "Arfembem of ttr m boards ars tm**Vd to complleft and No wIM the Supervisor of Ebcbws a RrtancdW Disdoauro Form upon gWanrment to sarin► bcwd and prior to JW 9 of each year lr000wirg the InMW apipok*neW wMe std a member of said board D. STATE REPORTING REQUIREMENTS. Section 780.80, Florida Sfaiu m, requires tug the City annually submit a report to the Sea etwy of State disclosing raw, gender and physical disabilities of board and committee mtnbers. Please check the appropriate boxes: ACE African-American Male AsirArnedcan Female HLVanio•Amerlcan Not Known • Native Amn► erica // JC, CMicaslan Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE 944~TION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKN0VL19DGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.3111-_326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 21116.0111, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appoinhrrent !o any City board is subject to Cay Council approval fdbwM a brief interview before the City Council at a regularly sd nesting. • Your application will remain etleclive fbr one year from the data of coMpl elion. • It you Wvxk have any questions regwxft the completion of chis application, Please sonfiact the City Clerk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of dw City Clerk 105 Pok Avenue Cape Canaveral, Florida 32920 Meeting Type: Regular Meeting Date 05-18-04 AGENDA Heading Considerations Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE PERIOD ENDING 03-31-04 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council review and approve the Quarterly Budget Report and transfers for the period ending 03-31-04, as recommended by the city treasurer. Summary Explanation & Background: See the attached memo. I support the city treasurer's recommendations. Exhibits Attached: City Treasurer's Report City Manager's Office Department ADMINISTRATION/FINANCE cape -n mydoc en s\ca council\meeting\2004\05-18-04\budget.doc MEMORANDUM DATE: April 28, 2004 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Quarterly Budget Report and Transfers for the Second Quarter of Fiscal Year 2003/2004, Quarter Ended 3/31/04 Revenues Revenues received as of the mid -point of this fiscal year are well within original projected levels. Ad Valorem taxes are at 93% collection with an overall collection rate of 65%, with Grant and internal transfer dollars removed. This collection percentage represents only those budgeted revenues actually received. Numerous revenue sources historically lag a month behind. These include Garbage, Recycling and Bottled Gas. USA Waste Franchise Fees are also in arrears for collection. On May 23, 2003, the Governor signed Senate Bill No. 1126 amending s. 218.62, FS, which relates to the distribution formulas for local government 1/2 Cent Sales Tax. This will decrease expected revenue by approximately $35,000. HB/BA redistributed the State Revenue Shares, which increased the City's budgeted projection by $34,000. The net effect of the 2 bills is to decrease projections by $2,000. In the last transfer I reported that Communication Services Tax was lagging at 15% collection for the first quarter. At the end of the second quarter, revenues, lagging one month in collection, are at 41%. This is within projections. With Cash Forward removed, overall collections for the Sewer Fund stand at 63%, well above projections. Sewer Assessment Fees for the Waste Water Treatment Plant have been increased dramatically, reducing the cash forward required for reuse improvements, which are Impact Fee eligible. Also increased are Reuse Hook-up Fees and Utility Termination Fees. I have deleted the Employee Contributions account for this fund. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. Operating Supplies for the Legislative Department have been increased to provide required funding for current activities. Capital Purchases are also increased to purchase the upgrades to the Audio System, installed in the Council Chambers. The Capital Purchases line item in Administration, Public Safety, Recreation, Library and Sewer Fund have been increased to provide a Defibrillator to each location. This purchase was approved by Council on April 6th. The Personal Services budgets of each department have been adjusted to accommodate the 3% Wage Adjustment and the Wage and Salaries study. The Building department's wages have been reduced, due to the allocation of staff time to each activity being adjusted to reflect current activities. Contractual Services, within the Administration Department, funds "A Better Place" and the storage of City records. An increase is requested to provide for these services. An increase in Postage over the year also requires attention. Capital Purchases is increased to provide for additional funding for upgrades to the new Microfilm Reader/Printer in the Clerk's office and the purchase of new laptop computers for the Clerk's office and the City Manager. Per request from the Sheriffs Office, a line item transfer is being made to move $27,000 out of Police Service Contract to Capital Equipment to fund the purchase of new Laptop computers, approved by Council on February 17th. A new Merlin Magix Phone System was installed in the annex, which requires a $6,250 increase. In addition to the adjustments to Building Department's general payroll an increase is made to the Overtime account to provide for the increased staff time required to provide inspection services to development. Recreation Department's Capital Purchases is increased to replace the pool table at the Youth Center. Costs were kept low by reusing the slate from the old table. The Beautification Fund Budget is increased $10,000 to provide Bennix funds for the Butterfly Garden, located behind the Library. These funds will come from Cash Forward. At this time no increases will be made to the Personal Services accounts due to staff shortage. Within the Sewer Fund the Personal Services accounts will be adjusted to reflect the Wage & Salary changes. This department has requested increases in Contract Services, which is at this time depleted, and in Capital Equipment, to replace the air compressor required for operations. As approved April 20, the Collection System Improvement account is increased $91,000, for ongoing maintenance to collection lines. This completes the requested Budget Amendments for the second quarter of the fiscal year 2003/2004. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/04 12/31/2003 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance General Fund Amended General Fund Revenue 38,995 Legislative Department General Fund Revenue 001-321.1000 Occupational Licenses 50,000 7,000 57,000 001-335.1212 State Sales Tax Revenue Share 120,000 21,755 141,755 001-335.1220 Municipal Gas Tax 65,026 12,240 77,266 001-335.1800 Local 1/2 Cent Sales Tax 495,868 (35,000) 460,868 001-369.2000 Plan Review Income 60,000 33,000 93,000 Amended General Fund Revenue 38,995 Legislative Department 001-1-511.5200 Operating Supplies 5,750 4,250 10,000 001-1-511.6400 Capital Equipment 2,100 1,205 3,305 Amended Legislative Expenditures 5,455 Administration Department 001-2-513.1100 Executive Salaries 186,554 24,470 211,024 001-2-513.2100 FICA Taxes 14,394 1,625 16,019 001-2-513.2200 Retirement Contribution 13,059 825 13,884 001-2-513.3400 Contractual Services 3,510 700 4,210 001-2-513.4200 Postage 4,000 1,000 5,000 001-2-513.6400 Capital Equipment 10,000 5,795 15,795 Amended Administration Expenditures 34,415 Planning & Zoning 001-3-515.1200 Salaries & Wages 12,306 7,185 19,491 001-3-515.2100 FICA Taxes 1,163 455 1,618 001-3-515.2200 Retirement Contribution 861 695 1,556 Amended Planning & Zoning Expenditures 8,335 Public Safety Department 001-4-521.3400 Police Service Contract 1,871,552 (27,000) 1,844,552 001-4-521.3410 Citizen's Observer Program 3,000 2,500 5,500 001-2-513.6400 Capital Equipment 104,950 35,045 139,995 Amended Public Safety Expenditures 10,545 Building Department 001-6-524.1200 Salaries & Wages 164,899 (19,005) 145,894 001-6-524.1400 Overtime 1,137 3,075 4,212 001-6-524.2100 FICA Taxes 12,702 (1,145) 11,557 001-6-524.2200 Retirement Contribution 9,987 (2,097) 7,890 Amended Building Expenditures (19,172) Streets Department 001-7-541.1200 Salaries & Wages 229,710 2,575 232,285 001-7-541.2100 FICA Taxes 17,746 56 17,802 001-7-541.2200 Retirement Contribution 861 (305) 556 Amended Streets Expenditures 2,326 City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/04 Amended Code Enforcement Expenditures 888 Recreation Department 12/31/2003 Requested Adjusted 130,431 1,660 Budget Budget Budget Line Item Account Name Balance Amend. Balance 6,245 Code Enforcement - 2,845 2,845 001-9-529.1200 Salaries & Wages 60,504 507 61,011 001-9-529.2100 FICA Taxes 4,707 (14) 4,693 001-9-529.2200 Retirement Contribution 1,760 395 2,155 Amended Code Enforcement Expenditures 888 Recreation Department 001-11-572.1200 Salaries & Wages 130,431 1,660 132,091 001-11-572.2100 FICA Taxes 10,094 57 10,151 001-11-572.2200 Retirement Contribution 5,963 282 6,245 001-11-572.6400 Capital Purchases - 2,845 2,845 Amended Recreational Dept Expenditures 4,844 Community Appearance 001-12-515.1200 Salaries & Wages 11,726 (396) 11,330 001-12-515.2100 FICATaxes 1,013 (116) 897 001-12-515.2200 Retirement Contribution 648 (122) 526 Amended Community Appearance Expenditures (634) Non - Departmental 001-17-901.9900 Contingency 146,119 (8,007) 138,112 Amended Non -Dept. Expenditures (8,007) Amended General Fund Revenues 38,995 Amended General Fund Expenditures 38,995 Library Fund Revenues 104-301.1000 Cash Forward 1,000.00 1,795.00 2,795.00 Amended Library Fund Revenues 1,795.00 Expenditures 104-23-571.9900 Capital Equipment - 1,795.00 1,795.00 Amended Library Fund Expenditures 1,795.00 City of Cape Canaveral Budget Transfers for the Quarter Ended 3/31/04 12/31/2003 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Beautification Fund Revenues 105-301.1000 Cash Forward 182,179.00 10,000.00 192,179.00 Amended Beautification Fund Revenues 10,000.00 Expenditures 105-15-541.6310 Landscaping - Bennix Funded 40,475.00 10,000.00 50,475.00 Amended Beautification Fund Expenditures 10,000.00 Sewer Enterprise Fund Amended Sewer Enterprise Fund Expenditures 119,364 Revenue 401-300.1000 Cash Forward 1,413,846 (306,497) 1,107,349 401-343.5300 Sewer Assessment Fees 150,000 400,000 550,000 401-343.5301 Reuse Hook -Up Fees 9,500 30,000 39,500 401-381.1000 Emloyee Insurance Contribution 4,139 (4,139) - Amended Sewer Enterprise Fund Revenue 119,364 Expenditures 401-10-535.1100 Executive Salaries 93,277 3,613 96,890 401-10-535.1200 Salaries & Wages 607,071 18,399 625,470 401-10-535.2100 FICA Taxes 54,482 994 55,476 401-10-535.2200 Retirement Contribution 49,024 (2,142) 46,882 401-10-535.3400 Contract Services 16,400 5,000 21,400 401-10-535.6400 Capital Equipment 34,300 2,500 36,800 401-19-901.6310 Collection System Improvement 150,000 91,000 241,000 Amended Sewer Enterprise Fund Expenditures 119,364 Meeting Type: Regular Meeting Date 05-18-04 AGENDA Heading Ordinances -2"d Reading Item 4 No. The recommended civil penalty is $500.00. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 09-2004, IMPLEMENTING THE USE OF CIVIL CITATIONS FOR UNLICENSED CONTRACTORS AND FAILURE TO OBTAIN A BUILDING PERMIT DEPT./DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider the adoption of Ordinance No. 09-2004, implementing the use of civil citations for unlicensed contractors and failure to obtain a building permit. Summary Explanation & Background: This ordinance was requested by our building official to assist his office in the enforcement of unlicensed contractors that try to conduct business within the city. The recommended civil penalty is $500.00. I support the building official's recommendation and would encourage City Council to have the effective date be (30) days after adoption in order to give notice to the public. Exhibits Attached: Ordinance No. 09-2004 City Manager's Office - Department PUBLIC SAFETY/BUILDING DEPT. ORDINANCE NO. 09-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE CODE ENFORCEMENT CITATION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 82, ARTICLE XV RELATING TO UNLICENSED CONTRACTORS AND CONSTRUCTION WITHOUT A BUILDING PERMIT; AUTHORIZING AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA STATUTES FOR UNLICENCED CONTRACTING AND FAILURE TO OBTAIN A BUILDING PERMIT AS MORE SPECIFICALLY SET FORTH HEREIN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Council of the City of Cape Canaveral, Florida to establish an equitable, expeditious, and effective method of enforcing Codes, Ordinances and applicable Florida Statutes; and WHEREAS, the City Council desires to provide for the issuance of civil citations by Code Enforcement Officers for persons violating the construction contracting provisions of Section 489.127, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. The City of Cape Canaveral Code, Chapter 82, Article XV is hereby created as follows: (underline type indicates additions). City of Cape Canaveral Ordinance No. 09-2004 Page 1 of 8 ARTICLE XV - CITATIONS; UNLICENCED CONTRACTORS; FAILURE TO OBTAIN BUILDING PERMIT Section 82-400. Intent and Purpose It is the intent and purpose of this Article to authorize the issuance of citations for violations of Sections 489.127 and 489 132(1) Florida Statutes as may be amended or renumbered from time to time by the Florida Legislature It is also the intent and purpose of this Article to establish a procedure to implement the issuance of such citations by code enforcement officers, who under this Article shall be the Building Official and those persons designated a code enforcement officer by the City Manager. Nothing contained in this Article shall prohibit the City from enforcing its codes or ordinances by any other lawful means. Section 82-401. Findings. The City Council of the City of Cape Canaveral hereby finds: (a) The commencement or performance of work for which a building permit is required without such building permit being in effect creates a grave threat to the public health safety, and welfare and jeopardizes the safety of occupants of buildings. The performance of construction by contractors who are not duly licensed, when a contracting_ license is required may pose a danger of significant harm to the public when incompetent or dishonest unlicenced contractors provide unsafe, unstable, or short-lived products or services. Section 82-402. Citation Authorized for Construction Contracting Violations. City of Cape Canaveral Ordinance No. 09-2004 Page 2 of 8 A code enforcement officer is hereby authorized to issue a citation for any violation of Sections 489.127 and Section 489132(1) Florida Statutes, whenever, based upon personal investigation the code enforcement officer has reasonable and probable grounds to believe that such violation has occurred A citation shall be issued in accordance with the rules and procedures established by this Article and Florida Statutes. This Article does not authorize or permit a code enforcement officer to perform any function or duty of a law enforcement officer. Section 82-403. Citation Form. A 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: (a) The time and date of issuance. The name and address of the person to whom the citation is issued. (c) The time and date of the violation. A brief description of the violation and the facts constituting reasonable cause. (e) The name of the code enforcement officer. (f) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. W The applicable civil penalty if the person elects not to contest the citation. Section 82-404. Penalty. In addition to any other criminal penalties provided by Section 489.127(2), Florida Statutes, a civil penalty of $500 shall be levied for any violation of this Article. All monies collected by the City from citations issued under this Article shall be deposited in the Cit general fund and may City of Cape Canaveral Ordinance No. 09-2004 Page 3 of 8 be expended for any public purpose authorized by the City Council. A Person cited for a violation pursuant to this Article is deemed to be charged with a non -criminal infraction. Each violation is a separate civil infraction Each day such violation shall continue shall be deemed to constitute a separate civil infraction. Section 82-405. Refusal to Sign Citation. Except in the absence of the person who has committed the violation, a code enforcement officer shall require the person to sin and accept a citation being issued. If the person refuses to sign and accept the citation the code enforcement officer shall write the words "Refused to Sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible by registered or certified mail return receipt requested. Following such refusal to sign and accept the code enforcement officer shall also contact the Sheriff's Department to report such violation of this Article and Section 489.127(5)(m), Florida Statutes. Section 82-406. Stop Work. Any person who is issued a citation under this Article shall immediately cease the act for which the citation was issued upon receipt of the citation. Section 82-407. Correction of Violation; Payment of Penalty: Notice of Hearing Upon receipt of a citation the person charged with the violation shall elect either to: (a) Correct the violation and pay to the City the civil penalty in the manner indicated on the citation or, (b) Within ten (10) days of receipt of the citation, exclusive of weekends and legal City of Cape Canaveral Ordinance No. 09-2004 Page 4 of 8 holidays request an administrative hearing before the City's Code Enforcement Board to anneal the issuance of the citation in accordance with the procedures set forth in this Article. Any request for an administrative hearing shall be made and delivered in writing to the City Manager by the time set forth in this subsection Failure to request an administrative hearing in writing within the ten (10) day time period shall constitute a waiver of the violator's right to an administrative hearing. A waiver of said right shall be deemed an admission of the violation and penalties shall be imposed as set forth on the citation. Section 82-408. Administrative Hearings; Accrual of Penalties. (a) All administrative hearings held pursuant to this Article shall be conducted by the Code Enforcement Board in accordance with the requirements of the Local Government Code Enforcement Boards Act. 5122 During the administrative hearing, if the violator demonstrates to the Code Enforcement Board that the violation is invalid or that the violation has been corrected prior to appearing before the Code Enforcement Board the Code Enforcement Board may dismiss the citation unless the violation is irreparable or irreversible in which case the Code Enforcement Board may order the violator to pay a civil penalty as set forth in subsection (c) below. (c) During the administrative hearing if the Code Enforcement Board finds that a violation exists the Code Enforcement Board may order the violator to pay a civil penalty of not less than the amount set forth on the citation but not more than $1,000 per day for each violation. In determining the amount of the penalty, the Code Enforcement Board shall consider the following facts: City of Cape Canaveral Ordinance No. 09-2004 Page 5 of 8 L Therg avity of the violation. 2. Any actions taken by the violation to correct the violation. 3. Any previous violations which were committed by the violator. During the administrative hearing if the Code Enforcement Board finds that the violator had not contested or paid the civil penalty set forth in the citation within the time required in this Article the Code Enforcement Board shall enter an order ordering the violator to nay the civil penalty set forth on the citation and a hearing shall not be necessary for the issuance of such order. (e) All civil penalties imposed by the Code Enforcement Board under this Article shall continue to accrue until the violator comes into compliance or until a judgement is rendered by a court to collect or foreclose on a lien filed under this Article, whichever occurs first, regardless of whether or not the order of the Code Enforcement Board sets forth this accrual requirement. Section 82-409. Appeals of Code Enforcement Board Decisions. Any person aggrieved by a final administrative order of the Code Enforcement Board pursuant to this Article including the City Council, may appeal the order to the circuit court in accordance with Section 489.127(5)(1) Florida Statutes, as may be amended or renumbered from time to time by the Florida Legislature. Section 82-410. Recordin2Code Enforcement Board Orders. A certified copy of an order of the Code Enforcement Board imposing a civil penalty under this Article may be recorded in the public records and thereafter shall constitute a lien against any real or personal property owned by the violator. Such orders shall be enforced in accordance with Florida law. City of Cape Canaveral Ordinance No. 09-2004 Page 6 of 8 Section 82-411. Notices. All notices required by this Article shall be provided to the violator by certified mail, return receipt requested,• by hand delivery by a law enforcement officer or code enforcement officer; by leaving the notice at the violator's usual place of residence with some person of his or her family above 15 years of age and informing such person of the contents of the notice, or by including a hearing date within the citation. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. 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 4. 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 5. 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, in a regular meeting assembled on the day of City of Cape Canaveral Ordinance No. 09-2004 Page 7 of 8 ATTEST: Susan Stills, City Clerk First Reading: Legal Ad published: Second Reading: _ Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 09-2004 Page 8 of 8 For Against View Legal Ad# 404196 Print Window Close Window AD#404196-5/8,2004 ❑ 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. 09-2004 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, May 18, 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. 09-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE CODE ENFORCEMENT CITATION PROGRAM AND CODIFYING A NEW CODE SECTION IN CHAPTER 82, ARTICLE XV RELATING TO UNLICENSED CONTRACTORS AND CONSTRUCTION WITHOUT A BUILDING PERMIT; AUTHORIZING AND ESTABLISHING PROCEDURES FOR IMPLEMENTING THE ISSUANCE OF CITATIONS PURSUANT TO SECTION 489.127, FLORIDA STATUTES FOR UNLICENSED CONTRACTING AND FAILURE TO OBTAIN A BUILDING PERMIT AS MORE SPECIFICALLY SET FORTH HEREIN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; 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#: 404196 Publication: Florida Today First Published: 05-08-2004 Page 1 of 1 http://www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=13213 05/12/2004 Meeting Type: Regular Meeting Date 05-18-04 AGENDA Heading Resolutions Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-20, SUPPORTING THE CONTINUED OPERATION OF PATRICK AFB AND CAPE CANAVERAL AIR FORCE STATION DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2004-20, supporting the continued operation of Patrick AFB and Cape Canaveral Air Force Station. Summary Explanation & Background: See attached resolution. I recommend approval. Exhibits Attached: Resolution No. 2004-20 City Manager' -s -Office '� Department LEGISLATIVE r.,. cape-nt doc nts\ac,tNIAk reunciI\meeting\2004\u5-ie-04\2004-2o.doc RESOLUTION NO. 2004-20 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, FORMALLY SUPPORTING CONTINUED OPERATION OF PATRICK AIR FORCE BASE AND CAPE CANAVERAL AIR FORCE STATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Congress has authorized a base realignment and closure (BRAC) round in 2005, and WHEREAS, Patrick Air Force Base and Cape Canaveral Air Force Station form a complex that is the center for Department of Defense launch operations on America's East Coast and provide current and future mission capabilities vital to defense, including Military, Federal and Commercial Uses, and WHEREAS, military organizations associated with Patrick Air Force Base include the 45th Space Wing, Defense Equal Opportunity Management Institute (DEOMI), Air Force Technical Applications Center (AFTAC), 920 Rescue Wing, State Department Air Wing (Drug Interdiction), DoD Manned Spaceflight Support Office (DDMS), Army Core of Engineers, Navy Maritime Sealift Command, NASA — Hangar that houses NASA aircraft, Joint Stars at Melbourne Airport (Northrop Grumman) and Malabar Annex (Malabar/Palm Bay), and WHEREAS, military organizations associated with Cape Canaveral Air Force Station include the 45th Space Wing, Naval Ordinance Test Unit (NOTU) at Port Canaveral, Florida Air National Guard, and United States Coast Guard, and WHEREAS, Patrick Air Force Base and Cape Canaveral Air Force Station house approximately 50 tenant organizations, and WHEREAS, the Air Force Technical Applications Center (AFTAC) conducts treaty verification, has over 700 Air Force and Contractor personnel, and provides nuclear detection worldwide through numerous airborne, land based, and sea based locations, and WHEREAS, the 920th Rescue Wing supports worldwide combat rescue operations, NASA's space shuttle program and 45th Space Wing's range clearing, and WHEREAS, the Defense Equal Opportunity Management Institute provides education through college level courses to international military personnel and civilians, and WHEREAS, the Naval Ordnance Test Unit provides support and testing of sea -based weapon systems in a safe environment, Trident submarine launched ballistic missiles, and test and evaluation operations, and WHEREAS, the Joint Surveillance Attack Radar System (J -Stars) conducts development and operational testing of the airborne and ground segments of the system, houses field activity of Air Force material Command's RESOLUTION NO. 2004-20 Page 2 of 3 Electronic System Center Joint -STARS Systems Program Office, and employees 110 Air Force, Army and contractor personnel, and WHEREAS, Patrick Air Force Base and Cape Canaveral Air Force Station provide war fighter support through 28 GPS satellites (accuracy to within 1 meter), 5 Milstar satellites (jam -resistant high-priority communications) and 12 Defense Satellite Communication System satellites in orbit launched from Cape Canaveral Air Force Station (provide secure, jam -resistant, worldwide communications), and WHEREAS, Patrick Air Force Base is a joint -use facility with the US Air Force, US Army, US Navy, and US Coast Guard for military purposes, and WHEREAS, Patrick Air Force Base is a joint -use facility with NASA, US State Department, Department of Defense and Department of Defense AFTAC for Federal government uses, and WHEREAS, Patrick Air Force Base is a joint -use facility Florida Space Authority Commercial Launch Industry, and Lockheed Martin, Boeing, and Northrop Grumman for commercial purposes, and WHEREAS, Patrick Air Force Base houses such US Air Force facilities as Evolved Expandable Launch Vehicle (EELV) control (state of the art facility); range tracking from Florida to Ascension Island (5,000 mile range); management of Malabar Tracking Annex, Jonathan Dickinson Missile Tracking Annex, Ascension Auxiliary Air Field, Antigua Air Station; Office of Special Investigation; and Reserve Search and Rescue (SAR) C -130's and rescue helicopters, and WHEREAS, increased restrictions on US military training locations abroad make Patrick Air Force Base and Cape Canaveral Air Force Station more critical to the national defense, and WHEREAS, Brevard County, Florida, offers a climate supportive of year- round training, and WHEREAS, the citizens of Brevard County and East Central Florida take notice and appreciate the presence of the military installations in Brevard County, WHEREAS, Patrick Air Force Base and Cape Canaveral Air Force Station have a positive economic on Brevard County with a total payroll value of $212 million, total construction/services/equipment/materials expenditures of $729 million, estimated dollar value of jobs created $198 million for a total economic impact of $1.1 billion in FY02, and WHEREAS, Patrick Air Force Base and Cape Canaveral Air Force Station employees 2,781 military personnel, 1,591 civilian personnel, 6,349 civilian and private business personnel (contractors) for a total of 11, 721, and RESOLUTION NO. 2004-20 Page 3 of 3 WHEREAS, in FY02, 12,657 military retirees resided in Brevard County and received a total of $292 billion in military pensions, and WHEREAS, the economic impact of the military is so great in the State of Florida that the Governor of Florida created the Advisory Council on BRAC to lead the State's effort in protecting Florida's bases form closure, downsizing or realignment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. That the City of Cape Canaveral City Council strongly urges that Patrick Air Force Base and Cape Canaveral Air Force Station be excluded from the Secretary of Defense list for closure/realignment based on the vital role that Patrick Air Force Base and Cape Canaveral Air Force Station play in the defense of the United States of America. SECTION 2. That a copy of this resolution shall be provided to the Honorable George W. Bush, President of the United States; the Honorable Jeb Bush, Governor of the State of Florida; The Honorable Bob Graham, Senator; The Honorable Bill Nelson, Senator; The Honorable Dave Weldon, Representative; and the Honorable Tom Feeney, Representative. SECTION 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. This resolution shall be in full force and effect in accordance with the Charter of the City of Satellite Beach. SECTION 5. This resolution was adopted at a regular meeting of the City Council on the 181hof Mav, 2004. Rocky Randels, Mayor ATTEST: Susan Stills, CMC City Clerk Meeting Type: Regular Meeting Date 05-18-04 AGENDA Heading Discussion Item The action items for discussion are: No. 2. Facility should be a community center for all age groups, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: COMMUNITY CENTER DEPT./DIVISION: LEGISLATIVE Requested Action: City Council discuss the issues raised at the May 5, 2004 joint meeting with the City of Cocoa Beach and Brevard County public officials regarding establishment of a new community center. Summary Explanation & Background: The action items for discussion are: 1. Find a suitable location that could house a 10,000 s.f. facility, 2. Facility should be a community center for all age groups, 3. Idea of establishing a taxing district which would include Cape Canaveral, Cocoa Beach and East Merritt Island to fund the purchase of land and construction of this facility, and 4. Schedule another joint meeting in early June. NOTE: Our recreation complex has many programs designed for seniors throughout the year, and I would not want a new community center to duplicate the services already provided by the City. Discussion item only. Exhibits Attached: Background information/Recreation Director's memo City Man POffice Department LEGISLATIVE ;, c ., (ap!! k"Vmydoc 7em-5*councii\meevimAA,\cuu4�u�-moo-�Y���.�w��.u�� Workshop New Space for Freedom 7 May 5, 2004 Contents Agency Fact Sheet Senior Population History Population Aging Chart Freedom 7 Facts Space 2 2 3 4 Commission on Aging Survey Overview 6 Expense Sheet Revenue Sheet Financial 7 9 Agency Fact Sheet 1. Agency Legal Name: 2. d/b/a 3. Chief Professional Name & Title 4. Number of Years as CPO 5. Street address 6. Mailing address 7. Telephone 8. Fax number 9. Web site 10. County/City staff person 11. Board President 12. Primary Geographic area served 13. Membership Freedom 7 Community Center, Inc. Freedom 7 Gale Daly, Administrator One and one-half years 1325 N. Atlantic Ave. Cocoa Beach 32931 Same 321-784-2313 321-784-6979 none none Richard Harris Central beaches/east Merritt Island 600 2/3 Cocoa Beach 1/3 Cape Canaveral/other Senior Community Center The demographics of the nation and our county are graying. The ten-year projection for the nation is 19%. Brevard County has reached that mark. In Cocoa Beach and Cape Canaveral combined the age demographic will increase to almost 30% in the next ten years. Because of this shift, private and public agencies and organizations throughout Brevard are preparing our community for future challenges. Information gleaned from the attached survey produced by the Senior Center Planning and Development Committee chaired by the Brevard Commission on Aging delineates the desires of the senior community. (See attached overview of survey) Using this infonnation Freedom 7 Senior Community Center is eager to work with the city/county to develop a plan and build a center for the Central Brevard area. Working in association with county and city governments, local agencies and groups who provide services for seniors and with Health First, Inc./Cape Canaveral Hospital's Aging and Life Enrichment a new Freedom 7 location could provide socialization, activities, recreation and health promotion for Central Brevard. History Mary Louise Morgan created Freedom 7 Senior Community Center. Mother Morgan was a community leader and senior citizen advocate who identified a gap in community activities and services that would keep senior adults active, well and involved in their community. When Freedom 7 Elementary School in Cocoa Beach closed in 1983 Ms Morgan, along with members of Seasiders Senior Citizen's Club (who were meeting in a city recreational center) proposed the establishment of the first public-private partnership in our community. She visualized using the school to set up a cooperative where seniors could meet for social, recreational, educational and health and wellness activities. Other groups and non -profits were encouraged to rent classrooms to help sustain the center. In 1984 the Brevard County School Board leased the facility for $1 a year. With a grant of $2,500 from the Gannett Foundation to purchase tables and chairs, the center was off and running. A major renovation was undertaken through a $400,000 grant from the Florida Legislature. The original Freedom 7 school site had a combined total of 43,000 square feet. The center offered line dancing, tap dancing, bingo, exercise classes, card games, health programs, painting and craft classes. F7 also leased classrooms to art studios, clubs, churches and other organizations. Two additional significant programs were adult daycare and childcare. With the nominal $1 a year for rent the center was a successful and profitable organization. In 1998/1999 the school board decided to reclaim the school to open what is now Freedom 7 International School. Freedom 7 scurried to locate space and rented, what they hoped was temporary space, at the present location. The center went from 43,000 square feet for a $1 a year to approximately 4,000 square feet for $3,000 a month. Freedom 7 has been able to sustain using the savings and investment income from years of good money management at the old center and fund raising. The current space is not large enough or arranged in such a way to allow the center to offer enough profitable programs to meet the financial need. Over the last five years attempts have been made to secure a new location. Discussions with the City of Cocoa Beach for the old library, the City of Cape Canaveral and the county plus consideration of available property and vacant buildings have not produced the needed space. Source: U. S. Census Bureau and Florida Statistical Abstract 2000 Edition Brevard Population 1990-2015 Age 65+ By Age Group: Figure 2 0011 250 0071t 150 i 100 50 tO] Population Growth 65+ and 85+ 1990 to 2015 Brevard County 214.16 —* - 65+ --9}— 85+ 106.64 ,..• -''� 64.20 46.94 42.63 93.11 1990 2000 2005 2010 2015 Year Source: U. S. Census Bureau and Florida Statistical Abstract 2000 Edition Population Growth 65+ and 86+ 1990 to 2016 Brevard County: Figure 3 Freedom 7 Senior Community Center is willing and organizationally ready to partner and move into the next phase and generation of Freedom 7. Freedom 7 has/is: • a not-for-profit 501©(3) Corporation • Corporate Articles of Incorporation • a Consumer Services certificate for Solicitation of Contributions • tax exempt ID number from IRS • written by-laws and policies and procedures • occupational license • bulk mailing pen -nit • Administrator Additional Support Source(s) Administrator's salary Health First, Inc. Income Sources Yearly dues Grants Donations Salary Donation Annual solicitation letters Investments Programs Lessons Bingo SeniorNet Computer Classes Rental Fund-raisers Major Costs in Present Location Rent Electricity Insurance Telephone Printing Board of Directors Rick Harris, President Robert Fritz Martha Seymour, V. President Bill Geiger Joyce Barry, Secretary Jean Green George Leonard, Treasurer Bebe Harnett Polly Atkinson Charlie Ragland Peter Cunningham Mary Weaver Carolyn Dion Tonya Fielder Gale Daly, Administrator Rose Frankenberg y� Needed in a New Space (approximately 10,000) Bingo room Auditorium/stage Large dance space Class/card rooms 6 to 8 (with locking cabinets) Lobby Offices (2) Kitchen Equipment Bingo Podium/microphones Tables, chairs and transport/set up equipment Office equipment Desks Chairs Computers Copier/fax Kitchen Stove Refrigerator Freezer Telephones PA system Filing cabinets Book shelves Microwave Ice maker Large coffee makers Library Storage (lockable) Administrator (paid) Lamps TV/VCRs Prep area with sink Pantry (locked) Kitchen utensils/pots S, Senior Center Planning & Development Committee Senior Center Survey Results (Survey date 2003) Planning Committee Members AARP Brevard Alzheimer's Foundation Brevard Commission on Aging Brevard County Parks and Recreation Cape Canaveral Hospital Citizens' Action Committee City of Cape Canaveral City of Cocoa Beach Cocoa Beach Citizen's League Community Services Council Creative Care Freedom 7 Merritt Towers Merritt Island Executive Council The survey contained 97 selection options for programs or events. The following items were ranked, by the survey participants, as very important to important. Card Games Swimming Exercise Classes Day Trips Beginning Computer Classes Advanced Computer Classes Mobile Health Care Clinic* Cancer Screenings* Dental Screenings* Hearing Screenings* Vision Screenings* Personal Medical Profile* Flu Vaccinations* Pneumonia Vaccination* Assistance with Medicare & Medicaid Help with Insurance Billing *Medical programs Location preference Cocoa Beach/Cape Canaveral Merritt Island Illness Prevention Programs* Injury and Fall Prevention* Eye Care* AA Caregiver Support Groups* Grief & Loss Support Groups* Weight Loss Support Group* Smoking Cessation CPR Classes* Senior Driving Safety Classes Hurricane Preparedness Transportation, fixed route and medical Congregate Dining Legal Aid Veterans Benefits & Services Adult Day Care Location requests Easily accessible to all three communities, Cocoa Beach, Cape Canaveral, Merritt Island Accessible by bus routes Preferences in building configurations One building with multiple rooms. Programs for children and seniors at the same time in different rooms/different buildings Separate Center for adult/senior and children's activities Expenses Rent Electric (average) Office Supplies $3,000 x 12 350 x 12 50 x 12 $36,000 4,200 600 Telephone 80 x 12 960 Kitchen 40 x 12 480 Insurance Postage Dues notice 100 x 12 1,716 1,200 Newsletter (4) Sponsorship PRpackets/bills Printing Newsletter (x4) 1,500 Stationery Brochure Membership cards Advertising CB Current (x4) 2,000 Bingo Bugler Total $48,656 7 Revenue Bingo 300.00 x 50 $15,000 Rental 500 SAT Review 1,000 Programs Bridge 100.00 x 12 1,200 Bride 180.00 x 12 2,160 Watercolor 200 Knitters Mah Jong $40.00 x 12 480 Tap Dancing 2,400 Seasiders 300 Space Age 300 Classes 400 Fundraisers 3,000 Donations 1,500 Dues 1,000 Interest 500 Total $29,940.00 0 Assets Freedom 7 Combination Balance Sheet As of March 31, 2004 Current Assets Investment Accounts $ 33,486.99 SeniorNet Accounts $ 6,768.48 Operating Accounts $ 1,030.65 Savings $ 19,974.98 Petty Cash $ 198.40 Exchange/ Suspense $ 760.00 Total Current Assets Total Assets Liabilities Equity Opening Balance 118976.45 Retained Earnings -38154.96 Net Income -18601.99 $ 62,219.50 Total Equity $ 62,219.50 $ 62,219.50 Total Liability and Equity $ 62,219.50 CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknree iaearthlink.net MEMO TO: Bennett Boucher, City Manager FROM: Nancy Hanson, Director, Parks & Recreation Department DATE: May 11, 2004 RE: Seniors activities The Parks & Recreation Department has a variety of activities that are not limited to, but are participated to in the most part, by seniors in the eommmnity. A sampling of the types of classes that are held that is of primary interest to the seniors: Exercise Hatha Yoga ( a regular class as well as one that we dub "easy does it", with the seniors in mind) Bridge Lune Dancing (which is attended by mostly seniors) Ballroom dancing Art (we have offered in the past and I have someone interested in teaching in the fall (when the snow birds return) ). Other activities that are available at the Recreation Center: Duplicate Bridge game every week. Shuffleboard - We have quite a lot of shufffers between late October and the end ofApril. Not much activity on the courts in the summertime. I am told that its too hot in the daytime and they don't like to play at night. Tennis - We have organized seniors temnis groups that play (doubles) year round but have larger groups between November and April. We have many seniors who participate in racquetball play and even in the lower skill level leagues. A Community Health Fair that is held every November. When we had the first one in 199S, it ivas called a Seniors Health Fair but I found that citizens that weren't seniors thought that they couldn't participate; hence the name change. Probably 90-93 % who attend are indeed seniors. Anytime I have been approached for a specific type class I have tried very hard to determine if there is significant interest and if there is, to try to find a qualified instructor. Since the instructor's work on a commission and are not on payroll, there must be enough participants to justify the instructors time.