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Home My WebLink AboutPacket 06-01-2004 E q �9 City of Cape Canaveral m cm or CASE CANAVERAL � z3 �} CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 1, 2004 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Governor's Municipal Mentoring Program. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 18, 2004. 2. Proclamation for Code Enforcement Officer's Appreciation Week. 3. Proclamation for Management Week. 4. Proclamation for National Small Cities and Towns Day. 5. Resolution No. 2004-22; Reappointing One Regular Member to the Business and Cultural Development Board (B. Edwards). 6. School Resource Officer Agreement with the City of Cocoa Beach. CONSIDERATIONS: 7. Motion to Approve: Removal of Creosote Poles from Manatee Sanctuary Park and Regrade Parking Lot in the Amount of$6,325.00. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida MI City Council Regular Meeting June 1, 2004 Page 2 of 2 ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 03-2004; Amending Chapter 94, Signs, of the City Code, at first reading. 9. Motion to Approve: Ordinance No. 11-2004; Providing Technical Amendments to Chapter 78, Utilities, 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 Clerks office(865-1221)48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 18, 2004 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Recreation Director Nancy Hanson Building Official Todd Morley PRESENTATION: Representative Bob Allen, Legislative Issues Update. Mayor Randels informed that Representative Bob Allen would arrive some time to provide his legislative 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). Mayor Randels asked if any Council Member, staff or interested party desired to remove any item from the Consent Agenda for discussion. City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 2004 Page 2of9 No request was made to remove any items from the Consent Agenda for discussion. A motion was made by Mr. Treverton and seconded by Mr. Miller to Approve Consent Agenda Items No. 1 and 2. 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: 3. Motion to Approve: Quarterly Budget Report and Transfers for the Period Ending March 31, 2004. Ms. Andrea Bowers, City Treasurer, stated that the City's ad valorem tax was collected at 93 percent. Due to changes in State laws there was an overall net decrease of$2,000. She expressed that the communication services taxes are on the rebound and she would report again with the next Budget Transfer. Ms. Bowers made relative budget changes due to wage adjustments. Mayor Randels noted the defibrillator purchase and said that all City employees would be trained on their use. Ms. Bowers replied that the cost was distributed over several accounts. Mayor Randels also noted the Council Chambers audio purchase that benefits the listening public. Ms. Bowers noted the Law Enforcement computer purchase. Mr. Boucher stated that the purchase did not change the Law Enforcement bottom line budget. Ms. Bowers explained that the purchase decreased the operating contract by$27,000 and increased their capital budget by the same amount. Mayor Randels stated that $91,000 was transferred to repair a broken sewer line. Mayor Randels reported that a portion of the Bennix funds was transferred to the Beautification Fund for the Butterfly Garden leaving $166,000 in reserve. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Quarterly Budget Report and Transfers for the Period Ending March 31, 2004. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 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. 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 City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 2004 Page 3 of 9 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. For the record, Mayor Randels read the Whereas Clauses within the ordinance. Mayor Randels stated that this ordinance was initiated to protect the residents' public, health, safety and welfare. The intent would allow Code Enforcement Officers to cite individuals who perform construction work in the City without a valid permit. Mr. Boucher suggested to change Section 5 to read, "effective upon 30 days of adoption" to help the Building Official provide adequate notice. Council members concurred with the change. Attorney Garganese stated that a Resolution to adopt a citation form would be on the next City Council meeting agenda. Mr. Morley informed he would place a citation form at the Building Department counter to make contractors aware of the new code as well as including an article in the next City newsletter. A warning to unlicensed contractors would also be placed on the marquee. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 09-2004 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. RESOLUTIONS: 5. Motion to Adopt: Resolution No. 2004-20; Formally Supporting Continued Operation of Patrick Air Force Base and Cape Canaveral Air Force Station. 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. Mayor Randels explained that a group within the Department of Defense has decided that 20 percent of the nation's military bases are no longer needed. At the local level, the decision to close a base is dependent on the mission of the facility and the need in the community. Congress will delay closures for two years; however, closures are imminent. Mayor Randels said that the preservation of Patrick is fundamental, but more than that it is a receivership in the community of those people who enjoy the local amenities. A lobbying effort is forthcoming in Washington in an effort to retain Patrick Air Force Base. Mayor Randels reviewed the many valuable programs managed through the Base and emphasized their benefit to the community. He also provided statistical data on the economic impact of having the base in the area. Council members expressed their support City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 2004 Page 4 of 9 of the resolution. Mr. Donald Dunne inquired about the economic benefits of not having the base in its location. Mayor Randels replied that one main criterion was the value of the land if the government should sell to a private enterprise. Mr. Leo Nicholas explained that if the government sold the land, a one-time benefit of sale would occur; however, it would mean residual services to the people who live in future developments. Mayor Randels reminded that since the 1995 Base Realignment and Closure, only Homestead which was already closed due to Hurricane Andrew was eliminated. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Resolution No. 2004-20; Formally Supporting Continued Operation of Patrick Air Force Base and Cape Canaveral Air Force Station. 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. 6. Motion to Adopt: Resolution No. 2004-21; Sunrise Villas Final Plat. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "SUNRISE VILLAS TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Morgan stated that he had a personal interest in the project and Mayor Pro Tem Hoog also declared a Voting Conflict of Interest. Both Council Members completed a Conflict Form and submitted the same to the City Clerk. Attorney Garganese stated that Mr. Morgan and Mayor Pro Tem Hoog could participate in discussion on the item; however, they could not vote. Mr. Morgan stated that the project location is just south of Central Blvd. Mayor Randels informed that the packet contains the approval of the Fire Department and the recommendation of the City Planner with regard to land development. Mayor Randels referred to a statement at the bottom of Page One under Public Services Facilities that reads, "impacts on public services for 14, three residential units are level of services for parks, recreation and two area parks". Mr. Morgan replied that he only had knowledge of three units. Mr. Morgan stated that there are approximately 2.7 acres left for development and under the City code, 15 residential units per acre were allowed. A motion was made by Mayor Randels and seconded by Mr. Miller to Adopt Resolution No. 2004-21; Sunrise Villas Final Plat. The vote on the motion carried 3-0 with voting as follows: Mr. Miller, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 7. Community Center. Mayor Randels informed that Cape Canaveral was invited to meet with the Cocoa Beach Commission regarding the Freedom 7 Center. He recounted the history of various City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 2004 Page 5 of 9 Freedom 7 Center locations and summarized that Freedom 7 is looking for another location at this time. A joint meeting was held on May 5th with the Cocoa Beach Commission and the Cape Canaveral City Council to discuss ideas to assist with the relocation. Several concepts were discussed including a special taxing district shared by East Merritt Island, Cocoa Beach and Cape Canaveral. Ms. Nancy Hanson provided a list of the many activities that the Cape Canaveral Recreation Center provides for seniors in the community. Mr. Morgan expressed that the City is having a difficult time finding property to locate Cape Canaveral facilities. He expressed that the existing Center's minimal annual membership fee was another concern and perhaps a fee restructuring would provide funding support. Mayor Randels informed that surveys confirmed that most people would not travel out of their locale to participate in activities. Mr. Morgan inquired about the land on the east side of the hospital and said that this might be modified to meet the Center's needs. Mr. Miller said that Senior's activities are covered through the City's Recreation Center. He expressed that it would be redundant for Canaveral residents to support a tax when the stakeholder share is minimal. Mr. Treverton concurred and noted that Cocoa Beach had only one seniors program. Mayor Pro Tem Hoog brought out that the Commission planned to pledge $30,000 to subsidize the program; however, no facility was available for its patrons. Mr. Boucher read from the upcoming Cocoa Beach Agenda in that the Mayor of Cocoa Beach requested $30,000 for the 2005 budget to support Freedom 7 at its current location until long term facilities could be found or to direct the City Manager to begin negotiations with Brevard County and Cape Canaveral to find a long term solution for Freedom 7 including but not limited to a Recreation District Referendum to build a center. Mr. Morgan stated that he would like to see the City of Cocoa Beach implement a program at the Country Club facility. Mr. Treverton pointed out that the land at the old Cocoa Beach library is also available. Mayor Randels suggested that the City Manager forward them the Recreation Director activities analysis. Mayor Randels reported that he and the City Manager met with Ms. Gail Daley, Executive Director. The question at the onset was property availability in Cape Canaveral in order to relocate the Center. Ms. Joyce Barry, Secretary for the Freedom 7 Board, said that there was land available near the Surfside Players playhouse. Ms. Barry stated that the Center was merely looking for temporary available space, perhaps to a room in the Canaveral Recreation Center when not in use, should the Freedom 7 need to move immediately. Ms. Barry stated that Freedom 7 emphasizes life enrichment activities in addition to bingo and dances. Mr. Morgan suggested using the meeting rooms at local hotels. Ms. Nancy Hanson commented on the results of committing to a taxing district along with East Merritt Island and Cocoa Beach if the City residents did not elect to do so. Mayor Randels stated that for temporary use, the Recreation Center could be available for limited use. Mr. Boucher reiterated that he planned to report to the Cocoa Beach City Manager that: 1)the Cape Canaveral Council is a conservative body and was not interested at this time in forming a special taxing district, 2)the Cape Canaveral's Recreation Department provides City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 2004 Page 6 of 9 many senior activities throughout the year and he would include the analysis report, and 3) Cape Canaveral is willing to maintain a dialogue with all related parties on this situation. Representative Bob Allen arrived at this time. Mayor Randels introduced Representative Bob Allen of District 32. Representative Allen expressed that he chaired the Brevard County Delegation this year. Representative Allen reported on the process of designating the State soup and said that during the reorganization of the Secretary of State, the State soup was set aside and will return during the next session. Representative Allen reported that the Legislative session did well with $58 billion in Florida's budget this year. Florida sales tax revenues continued to provide revenue during tax cuts. The budget reflects a 7 percent growth. He stated that $21.8 billion of the budget was allocated to health insurance and human services. Representative Allen stated that for-profit HMO is a concern in that using a business model in the health care industry would not fairly compare value with service. Representative Allen reported that $18 billion of the State budget is for education. The District Cost Differential (DCD) equation was initiated to provide quality education for both large and small counties, however, middle counties suffered under this system. With some changes to the formula, Brevard County could anticipate some $2 billion. Representative Allen replied to Mr. Morgan that Representative Ken Pruitt initiated a more accurate reporting system to illustrate how lottery money is used in education. Representative Allen concluded lastly on the budget that 2.8 billion was allocated to Agriculture and Natural Resources that include: a project at the Port on water and sewage handling, a reuse water valve from the mainland to the beaches and $9 billion used for transportation and economic development for public safety. Mayor Randels commended his State Aide Matthew Dupree for his extensive knowledge of the legislative process and his assistance during the Legislative Days. Representative Allen stated that there is a Constitutional requirement for class-size amendment and said that Brevard County is in good standing in its teacher student ratio. Representative Allen brought out the High Speed Rail issue. He expressed that the high- speed rail concept in any country is a socialized, subsidized system that the State of Florida would be committing to support it. He stated that there is an amendment to place the High Speed Rail back on the ballot and he encourages citizens to review and forward their response to the legislature. He encouraged citizens to support placing the High Speed Rail system on a future Transportation Planning list and not in the Constitution. Representative Allen stated that the goal to change how an amendment is introduced is still under revision. Mayor Randels informed the audience that the Brevard Delegation generally votes in block on issues that affect the County. Mayor Randels reported on the favorable amount of funding for local programs that was gained through the Brevard County delegation. City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 2004 Page 7 of 9 Mr. Treverton spoke on fireworks and stated that the Council desired to see the State legislature enact fireworks legislation. Mayor Randels related that in Cape Canaveral fireworks sales have been zoned to City's Industrial area and that sales facilities could not be established within 1,000 feet of each other. He also related that illegal discharge incurs a civil citation of$200. Mr. Leo Nicholas inquired about the Chuck E. Cheese exemption in State law that has expanded to permit adult arcades games. Representative Allen replied that overall the State is strong against gambling; however, the debate continues in its favor in some areas of the State. Mayor Randels informed that the City adopted an ordinance establishing adult arcades as games of chance, not skill, and therefore illegal in the City. Mayor Pro Tem Hoog asked if the tax relief through an additional homestead exemption would be included in the sales tax. Representative Allen replied that this tax amendment would create an additional property tax exemption for a total of$50,000. He explained that historically tax breaks have provided additional economic revenue. The Legislature would need to present a bill to shift to the shared Sales Tax revenue to ensure that this anticipated $2 billion in revenue provides sufficient funds for the municipalities without burdening the property owner. He emphasized the need to shift tax burdens in order not to increase the millage rate. He replied to Mayor Randels that a 5-year budget planning cycle is forthcoming as well as a strategy to identify recurring revenue streams. Representative Allen thanked the Council for their time. 1. City Manager • Mr. Boucher reported that he received one proposal in reply to the thirteen Notices of Intent to Sell that were mailed for$2.5 million for a 47,000 square foot building at the corner of SR AllA and Center Street. He stated that the Clerk's office would schedule a Workshop meeting for a site visit. • Mr. Boucher announced that the Goals Status report is available. The City Clerk will schedule a Goals and Objectives Meeting for Council and staff to discuss the 2004/2005 and five—year priorities. • Mr. Boucher reported that he attended a meeting at the Port and the State of Florida contracted with a consultant to evaluate developing a six-lane highway from 528 to the Port overpass. Analysis projected usage at 90,000 cars per day by 2030. • Mr. Boucher reported that the City newsletter was distributed and it included a feature article on the new fireworks civil citation program. • Mr. Boucher requested to speak at the upcoming Brevard County Charter Review meeting. Council concurred that the City Manager should participate. • Mr. Boucher announced that he would be away from City Hall until Thursday, May 27th and Ms. Stills would serve as Acting City Manager. • Mr. Boucher reported that a 150-room Residence Inns and Suites was forthcoming and a site plan for a 154- room Country Inns and Suites was also approved. 2. Staff Building Official • Mr. Morley reported that Amoco site plan would come before the Planning and Zoning Board. City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 2004 Page 8 of 9 • Mr. Morley informed of several training opportunities that took place in the Building Department. City Treasurer • No report. Recreation Director • Ms. Hanson reported that unless vetoed by the State a $150,000 Florida Recreation Development Assistant Program Grant is available for the Banana River Park. • Ms. Hanson encouraged the Council to visit the Manatee Sanctuary Park pavilion site. City Clerk • Mrs. Stills announced a Sunshine Law Workshop with the City Attorney on Wednesday, June 16th at 5:00 P.M. City Attorney • Attorney Garganese advised the Council to contact him with any questions regarding the scheduled Vested Rights Hearing on Tuesday, June 1st at 5:00 P.M. 3. City Council Mr. Miller • No report. Mr. Morgan • Mr. Morgan reported his absence from the next Council meeting. Mr. Treverton • No report. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog stated that he planned to attend the Brevard County Charter Review Committee meeting due to its importance to Municipal Home Rule. Mayor Randels • Mayor Randels reported that Cape View Elementary successfully held their final Awards Ceremony on May 17th with food sponsored by Canaveral Meats and Deli. • Mayor Randels announced that the Radisson Resort will hold the World Martial Arts Hall of Fame Awards and Banquet Conference on May 21 and 22nd. He will present a proclamation and Key to the City. • Mayor Randels reported that the dedication of Johnson Controls would be held on Wednesday, May 19th at 11:00 A.M. The Beautification Board would present a City key on behalf of their environmental enhancements. • Mayor Randels reported that this month's Space Coast Living published an article on Cherie Down Park as a nationally rated beach and among the State's best. City of Cape Canaveral, Florida City Council Regular Meeting Minutes May 18, 2004 Page 9 of 9 • Mayor Randels informed that he would participate in a commercial for the Space Coast Area Transit system. • Mayor Randels reported that Congress awarded the Army Corps of Engineers $250,000 for the General Reevaluation Report to perform the Worm Rocks study. $2 million is anticipated at the national from Congress to renourish the beach and relocate the worm rocks. • Mayor Randels informed that the Sheriffs Department would conduct the Adopt-A- Cop Program at Cape View Elementary School. Children will meet with a Community Policing Officer three days per week from 9 A.M. to 12 Noon during the summer months. • Mayor Randels referred to the Water Reclamation Packet regarding connections in that the reclaimed water could not be used for aesthetic purposes. • Mayor Randels reported that the St. Johns River Water Management District has funding available in its 319 Program. Stormwater improvement projects are recommended. Mayor Randels suggested the Canaveral river area as well as an elevated boardwalk. Council members spoke in favor of pursuing the Grant. • Mayor Randels noted that a resident has been working on a decibel noise ordinance with the County and he had information that could help the Building Official if changes were necessary in the City's ordinance. AUDIENCE TO BE HEARD: • Mr. Harold Fletcher, of Canaveral Sands condominiums, reported that the pool pumps and pool heaters from the adjacent property emit high levels of noise. The City's existing noise ordinance does not employ decibel levels to noise. Some members of Council agreed to meet with Mr. Fletcher on this issue. • Mr. Nicholas inquired about the proposed Annexation of the Avon-by-the-Sea. He asked if the Council were ready to pursue the election process regarding a referendum. The City Manager and staff are formulating a study on the subsequent cost of such annexation. Council members expressed that no decisions could be made without specific findings. Mr. Boucher replied that an annexation report is forthcoming from the City Planner. He explained that State Statutes require that 70 percent of the property to be registered voters; otherwise written notification of the property is required for consent to annexation. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME(-MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTH/Ofd OR COMMITTEE !Qyr�/9p� �fi�tc� � I C/11�� },/✓rf/�G/2/ti `- l P /l��/ �- MAILING ADDRESS _ THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON l �/3 0�6�COL� �yC WHICH I SERVE IS A UNIT OF: CITY -/ COUNTY ZICOUNTY ZI OTHER LOCAL AGENCY �y- ( /AlAc je#e L Fl��,: NILE OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED /� MY POSITION IS: ECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. t APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the farm in the minutes. (Continued on other side) CE FORM 8B-EFF. 1/2000 PAGE 1 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAM —FIRST NAM DLE NAME NZ,OF BOARp,CON ,C,OMMIS910N.AUTHORITY,OR COM 3TEE MAILINGADDRESS THE BOARD,C NCIL,COMMISSION,AUTHORITY OR COMMITTEE ON 0&) J � "461 WHICH I-SERVE IS A UNIT OF: JIY O COUNTY Z1 OTHER LOCAL AGENCY CITY C NAp_'GI OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED MY POSITION IS: ECTIVE ZI APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal,_or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative"includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM SB-EFF.1/2000 PAGE 1 WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building, zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS, Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, every day, assisted by support and program staff, they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS, too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement (F.A.C.E.) has declared the first week of June be set aside by local governments to honor and recognize their Code Enforcement Officers; and NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim the week of June 7 — 11, 2004 as CODE ENFORCEMENT OFF/CERS'APPRECIATION WEEK In the City of Cape Canaveral, Florida, in accordance with the state-wide observance of the same and encourage citizens of the City of Cape Canaveral to join this Council in expressing appreciation for the dedication and outstanding service provided by Ms. Duree Alexander and Mr. Jim Watson who serve as our Code Enforcement Officers. March, 2004 page 11 PROCLAMATION WHEREAS, Code Enforcement Officers provide for the safety, health and welfare of the citizens in this community through the enforcement of building,zoning, housing, animal control, fire safety, environmental and other codes and ordinances; and WHEREAS9 Code Enforcement Officers are often not credited for the jobs that they do in saving lives and improving neighborhoods; and WHEREAS, everyday,assisted by support and program staff,they attempt to provide quality customer service to the public for the betterment of the community; and WHEREAS,too many times their efforts go unnoticed, even after code compliance has been accomplished due to their efforts and expertise; and, WHEREAS, Code Enforcement Officers are dedicated, well trained, and highly responsible individuals who take their jobs seriously and are proud of their department and the local government within which they serve; and WHEREAS, the Florida Association of Code Enforcement (F.A.C.E.) has declared the first week of June be set aside by local government to honor and recognize their Code Enforcement Officers; NOW, THEREFORE, through the authority vested in me by the Commissioners/Council of , Florida, I do hereby proclaim the week of June 7 - 11, 2004 as CODE ENFORCEMENT OFFICERS' APPRECIATION WEEK in (City/County) Florida, in accordance with the state-wide observance of the same and encourage citizens of (City/County) to join this Council/Commission in expressing appreciation for the dedication and outstanding service provided by the individuals who serve as our Code Enforcement Officers. Duly proclaimed and adopted in regular session this day of A.D. 2004. CITY COUNCIL/BOARD OF COUNTY COMMISSIONERS of , FLORIDA by: Mayor/Chair ATTEST; Clerk WHEREAS, the National Management Association is a professional, non- profit association dedicated to improve the quality and promote unity in management by education and fellowship of more than 22,000 members; and WHEREAS, the members of this association in the state of Florida desire to perform a public service by officially recognizing management as a profession; and WHEREAS, during June 7 - 12, 2004, Florida's 6 chapters with over 2,000 members will join management in our society and encourage the promotion of our American competitive enterprise system. NOW, THEREFORE, 1, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim June 7 - 12, 2004 MANAGEMENT WEEK in the City of Cape Canaveral and urge all concerned residents, industries, businesses and professional bodies to actively and appropriately participate in its observance. • SPACE • Q �(7 _O 0 D LL •COUNCIL FLORIDA SPACE COAST COUNCIL The National Management Association Post Office Box 21214 • Kennedy Space Center, Florida 32815-0214 May 10, 2004 �'"". Honorable Rocky Randels,Mayor City of Cape Canaveral 105 Polk Avenue Cape Canaveral,FL 32920 Dear Mayor Randels: On behalf of the Florida Space Coast Council (FSCC) of the National Management Association (NMA), I respectfully request that you proclaim the week of June 7th through June 12th, 2004 as Management Week in Cape Canaveral. During that week the Association will sponsor its annual Management Week in America highlighting its objectives to develop and recognize management as a profession through education and fellowship. Since its inception in 1978 by the NMA, Management Week in America has grown in recognition and activities each succeeding year. The NMA is the largest non-profit organization of its type with approximately 22,000 members nationwide that support the American Enterprise System and seek to bring recognition of those managers who advance the cause of quality in American industry. This year the Association is celebrating its seventy-ninth anniversary, originally started as a Dayton Foremen's club in 1925 by Founder Charles Kettering,and growing into the national organization as we know it today. There are six chapters in Florida, five of which comprise the FSCC. The organizations represented in the FSCC are: United Space Alliance, Boeing Space Coast Chapter, Brevard Community Chapter, Lockheed Martin, and Space Gateway Support, located at Kennedy Space Center,Cape Canaveral Air Force Station,and the general Brevard County area. The issuance of this Proclamation is appreciated and will be gratefully acknowledged at the June 10, 2004 awards banquet of the FSCC. I am_enclosing a copy of a recent- roc§ matip fnr reference. For further details call me at 321861-5397 or Barry Mandell at 321861-6743. Thank you, c Stephen Williams t6'17' President Florida Space Coast Council WHEREAS, small cities and towns under 50,000 population constitute the vast majority of municipalities across the United States; and WHEREAS, small cities and towns provide opportunities which allow millions of people across America to lead better lives; and WHEREAS, small cities and towns invest in their communities through the provision of services and programs which improve the quality of life for all citizens; and WHEREAS, the federal government is a partner in investing in small cities and towns, and must be encouraged to continue to support programs and legislation to strengthen cornrnunities; and WHEREAS, state governments are partners in investing in small cities and towns, and must also be encouraged to continue to support programs and legislation to strengthen communities; and WHEREAS, organizations, businesses, and citizens are partners in investing in small cities and towns, and must be encouraged to continue to support efforts that snake their communities better places in which to live; and WHEREAS, during these challenging economic times, the need for a renewed intergovernmental partnership to support essential public services is more important than ever, and WHEREAS, the Board of Directors and the Small Cities Council of the National League of Cities have declared June 11, 2004 as National Small Cities and Towns Day; and WHEREAS, the Small Cities Council of the National League of Cities has challenged all cities, towns, and villages across America to proclaim June 11, 2004 as National Small Cities and Towns Day; and to conduct activities- such as news conferences, public service announcements, and events in local schools and community centers - on that day which highlight the different ways in which the federal government, state governments, organizations, businesses, and citizens partner with small cities and towns to invest in their communities and better the lives of all citizens. NOW THEREFORE, the Council of the City of Cape Canaveral does hereby proclaim Friday, June 11, 2004 as NATIONAL SMALL CITIES AND TOWNS DAY And encourages President Bush, Congress, state governments, organizations, businesses, and all citizens to recognize this event, and to work together on this day and throughout the year to invest in small cities and towns to better the lives of all citizens. The National League of Cities Page 1 of 2 u� am • Officers Federal Legislative Priorities Board of Directors Advisory Council Policy and Advocacy National League of Cities President Charles Lyons,selectman from Arlington, Mass., Committees Small Cities Council Chair Eddy Ford, mayor of Farragut,Tenn., are calling on the How to Run for NLC Office leaders of the nation's small cities,towns, and villages to join together on June 11 to Resurrecting the American mark the fourth annual National Small Cities and Towns Day. Dream Campaign May 2004 NLC declared June 11 as National Small Cities and Towns Day to celebrate the accomplishments of the nation's small communities, draw attention to the essential rc Sun Mon Tue Wed Thu Fri Sat they play in American life, and focus on the need for a renewed federal-local partners 1 during these challenging times. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 "Our federal government plays a key role in strengthening small communities through 16 17 18 19 20 21 22 legislation and programs,"Mayor Ford said. "Community Development Block Grants 23 24 25 26 27 28 29 Community Oriented Policing, and Head Start are just a few of the federal programs i 30 31 have a huge impact on the vitality of small cities and towns." A 2004 survey of NLC Small Cities Council members reveals concrete examples of how federal programs benefit small communities. Ford will officially recognize National Small Cities and Towns Day on June 11 during (c)Copyright Small Cities Council Steering Committee summer meeting in Farragut. The National League of Cities 1301 Pennsylvania Avenue NW Suite 550 President Lyons commended the efforts of small community leaders. "I join in Washington,DC 20004 celebrating the accomplishments of our small cities and towns which have taken on PFax:(2zo2)26-3 00 man new responsibilities with limited budgets,very small staffs, and decreasing stat Fax:(zo2)626-3043 Y P 9 rY 9 and federal aid," Lyons said. NLC Privacy Policy Since January, Lyons has led a national effort to lobby for a renewed federal-local partnership around NLC advocacy priorities including reauthorization and continued funding of public safety programs, increased funding and more local control of transportation programs, support for homeland security at the local level, a commitme to funding affordable housing programs, and continued federal investments in childrei and public education. To mark Small Cities and Towns Day, NLC and the Small Cities Council are asking leaders in small communities to issue a proclamation, plan a news event and issue a press release, and share examples of successful federal-local partnerships that have made a difference in their communities. Of the nearly 20,000 municipal governments in America, 94 percent have populationE less than 25,000 and 87 percent have populations less than 10,000. The Small Citie, Council serves as the voice for all cities under 50,000 within the National League of Cities. http://www.nlc.org/nlc—org/site/newsroom/nations—cities weekly/di splay.cfm?id=3 1063... 05/03/2004 Meeting Type: Regular Meeting Date 06-01-04 AGENDA Heading Consent Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2004-22 REAPPOINTING A REGULAR MEMBER TO THE BUSINESS & CULTURAL DEVELOPMENT BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2004-22, reappointing Bertie Edwards as a regular member of the Business & Cultural Development Board. Summary Explanation & Background: Her term will expire on 06/01/07. I recommend approval. Exhibits Attached: Resolution No. 2004-22 City Manager's Office Department LEGISLATIVE !lfCrf'1 cape-nt\kim\mydocuments\admin\council\meeting\2004\06-01-04\2004-22.doc RESOLUTION NO. 2004-22 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING ONE REGULAR MEMBER TO THE BUSINESS AND CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-27 created a Board known as the Business and Cultural Development Board; and WHEREAS, it in now incumbent upon the City Council of the City of Cape Canaveral to re- appoint (1) regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Bertie Edwards is hereby re -appointed as a regular member of the Business and Cultural Development Board of the City of Cape Canaveral, Florida, with term to expire on June 1, 2007. SECTION 5. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of June, 2004 Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY City of Cape Canaveral May 12, 2004 Bertie Edwards 610 Monroe Ave. Cape Canaveral, FL 32920 Dear Ms. Edwards: Your term on the Business and Cultural Development Board expires on June 1, 2004. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to your Board secretary or the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, June 1, 2004. Thank you. ❑ 1 DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Business & Cultural Development Board Sincerely, Susan Stills, CIVIC CITY CLERK M5 EDWAKD 0111 5-/�57 /0q 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 06-01-04 AGENDA Heading Consent Item 6 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: SCHOOL RESOURCE OFFICER AGREEMENT WITH THE CITY OF COCOA BEACH DEPT./DIVISION: PUBLIC SAFETY Requested Action: City Council consider approval of the annual School Resource Officer Agreement with the City of Cocoa Beach in the amount of $2,910.00 for the 2004-2005 school year. Summary Explanation & Background: The City of Cape Canaveral will contribute $2,910.00 or 16.55% of the Cocoa Beach Jr/Sr High School Resource Officer. The language in the agreement is the same as last year. This program will be funded with forfeiture funds. I recommend approval. Exhibits Attached: SRO Agreement City Manager's Office Department PUBLIC SAFETY �)uwaaaai�aaw l[aW aaau WVUIll�l1YVGGtlllt,'\LVVY W V—V 1'V' AGREEMENT THIS AGREEMENT, dated this day of , 2004, by and between THE CITY of CAPE CANAVERAL, hereinafter called CAPE CANAVERAL and the CITY of COCOA BEACH, hereinafter called COCOA BEACH. WITNESSETH: WHEREAS, the Brevard County School Board has implemented the School Resource Officer Program, and; WHEREAS, the School Board shares the cost of implementing the program with the Municipalities of Brevard County, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL determine that the School Resource Officer Program is in the best interest of the school system and both communities, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL desire to share the cost of the School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach Junior/Senior High School; and whereas the program would cover a period of not more than 190 school year days, and; NOW, THEREFORE, for good and valuable consideration CAPE CANAVERAL and COCOA BEACH agree that the following terms, stipulations and covenants as outlined herein and, by reference, made part hereof, shall govern the responsibilities of each party. The agreement will commence on July 31, 2004 and will terminate on May 27, 2005, unless further continued by mutual agreement of both parties. By April 8, 2005 CAPE CANAVERAL and COCOA BEACH will open discussions regarding renewal for the 2005-2006 school year. 2. CAPE CANAVERAL agrees to provide sixteen and fifty-five hundredths percent (16.55%) of the municipalities share of the School Resource Officer's salary, benefits, equipment, uniforms, and overtime during the terra of this agreement. Per the agreement between COCOA BEACH and the BREVARD COUNTY SCHOOL BOARD, the municipalities pay fifty percent (50%) of the School Resource Officer cost. For the contract period of July 31, 2004 through May 27, 2005, payment will be $2,910.00 as outlined in exhibit III. Payment shall be made to COCOA BEACH in two equal installments of $1,455.00 according to the following schedule: February 7, 2005, and June 6, 2005, subject to prorating based on the date of implementation. CAPE CANAVERAL has designated City Mayor Rocky Randels and COCOA BEACH has designated the Cocoa Beach Chief of Police for the purpose of implementing the terms of this agreement. 4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the Exhibits I and II, which are attached hereto and, by reference, made part hereof. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such, from all claims, damages, injuries, fines, and costs, including expenses and attorney's fees which either party may become obligated to pay resulting from or in any way connected to errors or acts or omissions of employees of either party's performance relative to the terms of this agreement. 6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 7. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 8. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA BEACH. 9. The parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all duties as required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 11. A report of the School Resource Officer activity will be provided to CAPE CANAVERAL on a calendar quarterly basis. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. THE CITY OF COCOA BEACH, FLORIDA By.- Charles y:Charles Billias, City Manager ATTEST: By: Lorendana Kalaghchy, City Clerk Approved as to form and Legal sufficiency By: Fowler & O'Quinn, City Attorney ATTACHMENTS: THE CITY OF CAPE CANAVERAL, FLORIDA By: Bennett Boucher, City Manager ATTEST: Un Susan Stills, City Clerk Exhibit I- Goals of SRO Program Exhibit II- Guidelines of SRO Program Exhibit III- Cost of SRO Program EXHIBIT II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES BREVARD COUNTY SCHOOL SYSTEM The school resource officer (SRO) is a City of Cocoa Beach police officer, responsive to the Chief of Police's chain of command and shall remain an employee of the City of Cocoa Beach. They shall report to the school Principal daily and the Principal shall have input in their evaluation. 2. The SRO shall be interviewed by a committee in which the Principal or their designee is a participant. The final selection is by the Chief of Police with mutual consideration on the part of the Principal. 3. The determination as to when the SRO will wear their uniform shall be defined by the Chief of Police and the Principal. 4. The Principal has the authority to request the reassignment of the school resource officer from their duties at school. The SRO may be reassigned from their position at their assigned school after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The Principal will recommend to the Area Superintendent that the SRO be removed from the program at their school, stating the reasons for the recommendation in writing. A copy of that recommendation must be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any problem that may exist between the SRO and the staff at their assigned school. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be reassigned from the program at that school and a replacement will be selected. Page Two (2) SRO Guidelines C. The Principal or any other school board employee shall report all allegations of improper conduct to the SRO's immediate supervisor or to the Internal Affairs function. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. However, the Principal may request reassignment during that investigation. 5. The SRO has the authority to request review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. That request should be directed to the SRO's immediate supervisor and the Principal. A copy of that request must also be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the request for review from the SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then an alternative action will be taken. 6. It shall be the responsibility of the City of Cocoa Beach to provide all salary payments and benefits of the agency to the SRO. The School Board shall reimburse the City for salary and fringe based upon the amount stipulated in the agreement. If a substitute officer is required, the School Board shall reimburse the city for actual cost for that substitute officer consistent with the agreement. 7. The SRO's normal work year shall be the same as the normal teacher work year with an additional alternative for five days of planning prior to the teacher work year and five days of critique and review following the teacher work year. 8. A formal written plan of action with regard to the community policing philosophies will be presented and discussed with the Principal, Chief of Police, SRO and other appropriate personnel prior to the first day students arrive. This plan must include duties for the five days prior and five days after teachers are on campus if that alternative option is selected, as well as the number of hours that the SRO will provide in classroom instruction. Page Three (3) SRO Guidelines 9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan of action and provide summary evaluation concerning the SRO's progress not less than one time per semester. Additional meetings may be requested by the Principal or the SRO to review the progress of the plan of action. 10. The SRO shall be assigned specifically to the school, five days per week during the school year. Unless it's an extreme emergency, the SRO will not be called away from school by the law enforcement agency. If the SRO is called away from the school for a substantial portion of the school day, the SRO shall notify the Principal and provide the Principal with an alternative means of contacting the appropriate law enforcement agency. If the SRO is called away from the school for more than a school day, the city should make every reasonable effort to provide a substitute officer. 11. The SRO may be assigned to provide supplemental instructions at the discretion of the Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to in - class SRO presentations will be used as a guide. 12. At the request of the Principal, the SRO may train school personnel in interview techniques, investigation skills and related matters. It is preferred that the school resource officer make parent contact prior to participating in a student disciplinary meeting. The SRO may engage a student for the purpose of completing a Referral Form. 13. The SRO may be assigned by the Principal to supervisory duties during or after regular school hours so long as they do not conflict with police department policy or the bargaining agreement between the city and police officers. These after school activities will be under the supervision of school personnel. The School Board will be responsible for 50% of all overtime expenditures directly related to the daily activities of the SRO, not to exceed the budgeted amount contracted between the Brevard County School Board and the employing agency. [This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required.] 14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the school administration and police department. Both police and school administrative procedures shall be followed. In the event they conflict, police procedure shall prevail. The SRO shall avoid making arrests on school grounds unless under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper police procedure. The SRO should coordinate arrest and other operational strategies with the Principal if at all possible. 15. The Principal, with the concurrence of the law enforcement agency, may assign the SRO to sponsor extracurricular events and chaperone field trips or other school activities so long as these assignments do not result in non -approved overtime expenses charged to the police department. Page Four (4) SRO Guidelines 16. The SRO will integrate with students in the following ways: between class breaks and during lunch periods, and will patrol neighborhood areas after school if necessary. 17. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support personnel, to solicit their support and understanding of the program. 18. The SRO should be familiar with all community agencies which offer assistance to delinquent youths, such as: mental health clinics, drug treatment centers, etc., making referrals when necessary and acting as a resource person to the Principal. 19. At the request of the Principal or other school staff, the SRO shall take appropriate action against individual trespassers who appear at school and at school related functions. 20. Should it become necessary to conduct formal police interviews with students, law enforcement policy will be followed, parents shall be notified and coordination made with the Principal. 21. The SRO shall submit bi-monthly reports of their activities to be reviewed by the Principal and the SRO command staff which shall include all overtime activities [including hours] as approved by the Principal. 22. At any time during the school year when students are not in school, or at the conclusion of the contract period, the SRO shall be assigned other duties by the Chief of Police. 23. The SRO shall comply with the provisions specified in Section Florida Statute 230.2318 (School Resource Officer Program) EXHIBIT I SCHOOL RESOURCE OFFICER PROGRAM GOALS 1. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. 2. To foster a better understanding of the law enforcement function. 3. To develop positive concepts of law enforcement. 4. To develop a better appreciation of citizen rights, obligations, and responsibilities. 5. To provide information about crime prevention. 6. To provide assistance and support for crime victims identified within the school setting, including abused children. 7. To promote positive relations between students and law enforcement officers. 8. To enhance knowledge of the fundamental concepts and structure of the law. 9. To provide materials and consultative assistance to teachers and parents on various law education topics. 10. To evaluate program effectiveness, the Chief of Police, SRO, and the Principal will define quantitative and qualitative measurements for each of the nine (9) goals listed prior to the first day students arrive. Program evaluation will occur twice during the school year with a final report prepared on or before the last day of school for students. The evaluation will be based upon input from the principal and school staff, as well as the SRO's chain of command. EXHIBIT III Page 2 Officer Salary - Cost Projection School Resource Officer Program 2004/05 - Brevard County Wages & Benefits - Officer Ellie Caruso $15.48 Hourly based on proposed $23.21 OT rate FY05 4% increase Regular Salary $32,188 Holiday Pay @ 88 hrs * hrly wage $1,362 Uniform Allowance $300 Life Insurance @ fixed rate $62 Medicare @ 1.45% $491 Pension - Police @ 20.80% $7,041 Social Security @ 6.2% $1,652 Workers Compensation @ 7.68% $2,600 Total Expense $45,695 Hourly total $21.97 Daily Total $176 Overtime @ 5% of 190 days * 8 hrs $1,764 Overtime Hours @ 5% of 190 days 76 hours Salary for 190 days $33,393 Brevard County Overtime Cost $882 Cocoa Beach Overtime Cost $882 Total Salary + OT $35,157 Brevard County 1/2 of Total Salary $16,696 Cocoa Beach 1/2 of Total Salary $16,696 Brevard County Total Cost w/ OT $17,578 Cocoa Beach Total Cost w/ OT $17,578 05/21/2004 SRO_05Cost Projection.xis EXHIBIT III Page 1 Officer Salary - Cost Projection OFFICER SALARY - 2004/2005 COST PROJECTION Officer Ellie Caruso Annual Regular Salary @ 15.48 hr Holiday Pay @ 88 hrs * hrly wage Uniform Allowance Life Insurance @ fixed rate Medicare @ 1.45% Pension - Police @ 20.80% Social Security @ 6.2% Workers Compensation @ 7.68% TOTAL COMPENSATION (Hourly wage based on 2080 hours) (includes projected 4% increase) $21.97 Cost of SRO for 190 Days (190 Days * 8 hrs * 21.97) Overtime (5% of 190 days = 76 hrs OT ) TOTAL COST FOR SCHOOL YEAR MUNICIPALITIES FUNDING* City of Cocoa Beach City of Cape Canaveral SCHOOL BOARD FUNDING (50% of Total Cost for 190 Days) Total Cost for School Year (% of 1/2 Total Cost for School Year) (% of 1/2 Total Cost for School Year) $32,188 $1,362 $300 $62 $491 $7,041 $1,652 $2,600 $45,695 $33,393 $1,764 $35,157 83.45% $14,669 16.55% $2,910 $17,578 $35,157 "The Municipal cost sharing is based on total student population of 1480 students as of 5/19/04 per Cocoa Beach High School. The number of students residing in the City of Cape Canaveral, FL. is 245 or 16.55%. 05/21/2004 SRO_05Cost ProjectionAs Page 1 of 1 Susan Stills From: Bennett Boucher Sent: Friday, May 21, 2004 10:29 AM To: Andrea Bowers; Kim McIntire; Susan Stills; Sarah McKillop (E - Subject: FW: 2004/05 SRO Contract Proposal Please review. Thanks, m -----Original Message ----- From: Pete Malzone [mailto:pmalzone@cityofcocoabeach.com] Sent: Thursday, May 20, 2004 3:52 PM To: boucher-cape@cfl.rr.com Cc: Janet Dominicis; James Scragg Subject: 2004/05 SRO Contract Proposal Mr. Boucher, Attached you will find two documents. The first is a draft of the proposed School Resource Officer contract for the school year 2004/05. The second is an Excel spreadsheet that will be Exhibit III attached to the contract. It outlines the cost proposal for our Officer assigned to the SRO program. The wording is identical to last year's contract except I've changed the figures and dates where appropriate. Major Janet Dominicis will be the representative for our department. Please look over the documents and it you have any questions or concerns, please contact either myself or Major Dominicis. I have scheduled the contract to be brought before our Commission on June 17, 2004. Thank you. Sincerely, Pete Malzone Support Services Administrator Cocoa Beach Police Dept. pmalzone@cityofcocoabeach.com (321) 868-3247 (321) 868-3205 fax 05/21/2004 Meeting Type: Regular Meeting Date 06-01-04 AGENDA Heading Considerations Item 7 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REMOVAL OF CREOSOTE POLES FROM MANATEE SANCTUARY PARK AND REGRADE PARKING LOT IN THE AMOUNT OF $6,325.00 DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council approve the recreation director's request to remove Creosote poles from the Manatee Sanctuary Park parking lot. This is not a budgeted item and a budget transfer is needed to cover the cost of $6,325.00. Summary Explanation & Background: Creosote poles were a donation to the City and used in the entry and parking lot. The proposed cost includes pole removal and regrading the parking lot. Exhibits Attached: Recreation director's memo of 05-25-04; Proposal from L.A. Construction Svcs., Inc. City Manager's Office Department PARKS & RECREATION cape-aLNaiiu\myddcdmencs\admin\council\meeting\ZUU4\Ub-Ui-U4\creosotepoles.doc CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: MEMO TO: MAYOR, COUNCIL MEMBERS, CITY MANAGER FROM: Nancy Hanson, Director, Parks & Recreation Department -/f, DATE: May 25, 2004 RE: Approval to remove Creosote poles from Manatee Sanctuary Park and budget transfer to cover cost Find attached a proposal from the contractor on site at Manatee Sanctuary Park to remove approximately 910 linear feet of creosote poles which were donated to the City. The poles have been used to delineate the entry way and parking lot, and, with the new fence being erected, are no longer needed. Most are badly deteriorated and are an eyesore. The quoted cost of complete removal of the poles and regrading the perimeter of the parking lot is $6,325.00. As this is not a budgeted item, Council approval and funding is needed. Thank you for your consideration of this request. PRODUCT 118 Paye No. of L.A. CONSTRUCTION SERVICES, INC. ��yi f /J. cO 4��' Merritt Island, Florida 32952 (407) 452-0716 Fax (407) 452-0734 PROPOSAL SUBMITI ED 10 PNUNF- UArE STREET JOB NAME Am 0 L, a,,� CITY, STATE and ZIP CODE JOB LOCATION A�ftARCHITECT lful • lAj cm, v,, L DATE OF PLANS 70/ JOB PHONE We hereby submit specifications and estimates for: Pages We prapM hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: S 6x -1'S w e-�4 & 4r"'e-4 -TVe I v dollars ($ 1 �� U ). Payment to be made as follows: 1 All material is guaranteed to pr as specified. All work to vi completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications Authorized v� L� involving extra costs will be executed only upon written orders, and will become an extra Signature l charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be Our workers are fully covered by Workman's Compensation Insurance. withdrawn by us if not accepted within days. Arreptance of Proposal— The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized Signature Meeting Type: Regular Meeting Date 06-01-04 AGENDA Heading Ordinances-l't Reading Item g No. made recommendations at their meeting on 04-14-04. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2004, AMENDING CHAPTER 94, SIGNS, OF THE CITY CODE DEPT./DIVISION: GROWTH MANAGEMENT/PLANNING Requested Action: City Council review and consider at first reading, amending Chapter 94, Signs, as recommended by the Planning & Zoning Board. Summary Explanation & Background: City Council considered this proposed ordinance at their meeting on 03-02-04. Council expressed concerns with several areas and returned the ordinance to P&Z for recommendations. Planning & Zoning Board reviewed and made recommendations at their meeting on 04-14-04. Exhibits Attached: City attorney's outline of recommended changes dated 05-25-04; Ordinance No. 03-2004 City Manager's Office Department GROWTH MGMT/PLANNING cape-nt\kim\mydocuments\admin\council\meeting\2004\06-01-04\03-2004.doc BROWN, SALZMAN, WEISS & GARGANESE, P.A. Usher L. Brown' Jeffrey P. Beak' Suzanne D'Agresta° Anthony A. Garganese° Gary S. Salzman° Jotm H. Ward ' Jeffrey S. Weiss 'Board Certified Civ1 Trial Lawyer *Board Certified Business Litigation Lawyer "Brij Certi`ied City, County & Local Government Law Attorngs at Law Offices in Orlando, Kissimmee, Debra S. Babb-Nuteher Cocoa & Viera Joseph E. Biitch John U. Biedenharn, Jr. Lisa M. Fletcher Douglas Lambert Katherine Latorre Melanie A. Mucario Michelle A. Reddin Kimberly F. Whitfield Erin J. O'Leary J. W. Taylor Of Counsel May 25, 2004 The Honorable Mayor Randels and Members of the City Council City of Cape Canaveral P. 0. Box 326 Cape Canaveral, Florida 32920 Re: Sign Ordinance No. 03-2004 (Was No. 21-2003) City of Cape Canaveral / General File No. 513-001 Dear Mayor and Council Members: Enclosed is a copy of Ordinance No. 03-2004, amending Chapter 94, Signs, of the Cape Canaveral Code. Since the last time the Council considered this ordinance, the Planning and Zoning Board has reviewed the ordinance at Council's direction. The Planning and Zoning Board recommends the following additional changes to the ordinance (underlined type below represents their additions): 1. Article III, Division 2, Section 94-76(a)(3). The first sentence has been changed to read: "Temporary signs shall be permitted for a period of up to sixty (60) days once a year, per event or activity." 2. Article III, Division 2, Section 94-76(a)(4). This subsection has been changed to read: "On residential property, no one temporary sign shall exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed three (3)." 225 East Robinson Street, Suite 660 - P.O. Box 2873 -Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-01.44 - Cocoa & Viera (866) 425-9566 Website: www.ariatidolaw.net - Email: firm@orlandolaw.net The Honorable Mayor Randels and Members of the City Council City of Cape Canaveral May 25, 2004 Page 2 3. Article 111, Division 2, Section 94-76(b)(1). The following has been added after the first sentence: "In addition each subcontractor shall be allowed one (1) non -illuminated construction sign not to exceed a sign area of nine (9) square feet and four (4) feet in height." The next sentence has been modified to read: "Signs allowed hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked." 4. Article III, Division 3, Section 94-100. Table 94-96-1, District Restrictions, has been modified to include real estate; construction; construction, subcontractor; and banner signs. If you have any questions regarding this ordinance, please do not hesitate to call. V I yours, Anthony A. Garganese City Attorney AAG: jf Enclosure ORDINANCE NO. 03-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; REVISING THE PURPOSE AND SCOPE OF THE CHAPTER, MODIFYING DEFINITIONS; PROVIDING FOR THE REGULATION OF TEMPORARY SIGNS; AMENDING THE SIGN APPLICATION AND PERMIT PROCEDURES; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. 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, through the enactment of this Ordinance, the City Council desires to preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral. See Members of the City Council v. ?Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981); and WHEREAS, the City Council finds that the limitations on temporary signage within the City of Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message, and will further the City's legitimate and substantial government interest in minimizing sight pollution and traffic and safety hazards to persons and property during high winds; and WHEREAS, the City Council finds that the goals of this Ordinance are unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake Wales v. Lamar Advertising Assn o� Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglasville, Ga., 975 F. 2d 1505 (11 Cir. 1992); and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. 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. City of Cape Canaveral Ordinance 03-2004 Page 1 of 14 Section 2. Code Amendment. Chapter 94 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlinetype indicates additions and sees type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 94. It is intended that the text in Chapter 94 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 94. SIGNS ARTICLE I. IN GENERAL Sec. 94-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Off-site or off -premises sign means a sign identifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is net _Mated in its subie t mattef matteto the use of thepr-emisesti, ti' 4 jq located. On-site or on premises sign means a sign e'l identifying an activity conducted or products or services available on the premises where the sign is located,,or (2) displaying a noncommercial message or (3)anv_combination of the first two. related iiiits •bjee Mte to the pFefilises en vAiieh it is jeeated. Public interest sign means a tempefafy sign used-te—advertise a charitable, educational or religious special event. *** Sign means any surface, fabric, device or display, whether, illuminated or non -illuminated, designed to identify, announce, direct or inform, and that and in des e y display, billbear-d-, i street eleek and n•b -aineludes anyannotmeement, -declaration,—display, when is placed out-of-doors in view of the general public. For purposes of this Chapter, the term "sign" includes all structural members. City of Cape Canaveral Ordinance 03-2004 Page 2 of 14 Temporary signs means a sign displayed before, during or after an event or occurrence scheduled at a specific time and place inclusive for example real estate signs for sale and for rent signs, banner signs, construction signs and NASA launch signs e:b eted of t th -erh - ghl�ials�� 1�e mss;ii4ended te be displayed for the extent of time as allowed in the spe6ifie seefiens of this ehapter-. Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the number, size type use design, construction and location of signs within the City. These regulations are established in order to promote the overall economic well-being of the City while at the same timg-providing time-providingfor the health that u'd} pretec-4 the safety and welfare of the public by reducing the adverse effects of signs onsafety_ propeM values, traffic and the enjoyment of the scenic beauty of the City. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dangerous, dilapidated and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the CitL consistent with constitutional guarantees and while providing for adequate opportunities for effective means of communication. without imnear„_ *�h-P inhor-t-nk nth#-Af hiiqinacc_tn_+ R MM:,s.:�:i- OwD(b) This &hapler- is intended to 6ever- allvefbal regtt�ari f-t�-Ek��*ar f��r rll t a � 1] a a Y r,b«e. t, uvvcs, �niic.Z[—CLiiCt (e b) For purposes of this chapter, w4hin th -sem,-a any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. _ 1 noncommercial speech shall be deemed to be an on -premises. is Nothing in this chapter shall be construed to regulate the content of the message displayed on any sign. City of Cape Canaveral Ordinance 03-2004 Page 3 of 14 Sec. 94-6. Prohibited Signs and features. The following signs and features are strictly prohibited: (a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit requirements, ' , are prohibited on public utility poles or trees_ (g) Off pwnise A4erChcmdseAW19ms onrights o V. Permanent t�arX, portable or movable signs or displays of merchandise Iocated on any street, sidewak alley, right-of-way are prohibited. It is the expressed legislative intent f t l that there r j./V341 , sidewalk, right of way or- publie thefoughfar-e for- the display ef rfler-eha-adise fer- sale er J a" Pe sen er- the parking ef ve-ie..Ies -AF 0+11 - —es entr4yances which in and e J J per-aw 1 is weehed a sign ad-vef-tising the business or- produce sold by the pafking ef vehieles is not intended to pr-ehibit the bona fide paddng of afiy vehiele u pr-ifnarily by the ew-fier- theFeef &-f- Che per -pose of J 1 er.- business +� al, b �4tii n 4i,n L + 1. ,...,b�..iTrr—zrua�xzzsu-�c Vx t7tit'Gcrrrozcinrh-"_� (h) Of -premise Signs. My SigH R&t Fel t .7 in itsacne eet mattcrte the t h it • lee-aed is prehibited, (r) Temporary signs, unless specifically authorized under this Chapter auntie ed in this eerie. ARTICLE II. PERMITS AND INSPECTIONS Sec. 94-32. Application for permit; review time limits. Application for a permit required under this agiele chapter shall be made upon forms provided by the building department and shall contain or have attached the information required City of Cape Canaveral. Ordinance 03-2004 Page 4 of 14 on the form. The building official shall grant or deny the sign permit application within forty- five (45) days from the date that a completed application and permit fee was filed with the Cid See. 94-33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the appropriate building permit fee by the applicant, the building official shall promptly conduct an investigation of the application, the proposed sign and the premises. per -mit appliefftien w4hin 20 days ftem the date. the e-e.r.A.P.Jeted applieation with appheatien fee was filed with the , (d) Any person denied a building permit for signs may file as a matter or right a written notice of appeal to the construction board of adjustment within ten calendar days after rendition of the denial pursuant to the provisions of section 94-33. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the construction board of adjustment. The appellant shall be afforded minimum due process including, but not limited to the right to notice of the hearin a fair opportunity to be in-person person and through counsel, to present evidence and to cross-examine witnesses The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of fight b,.y filing an appropriate pleading with a court of cpm etw jurisdiction. A prompt review and decision shall be rendered by the court An appheafft whese applieatien is denied by the eenAmetien board of adjustment may immediately review said applieaOert. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. Sec. 94-34. Revocation of permit. The building official is authorized and empowered to revoke any permit issued under this article for failure of the permittee to comply with any of the sections of this chapter. Such revocation shall be in writing and shall show cause for the revocation notice. Within seven days after the mailing of notice, the permit holder may request, in writing, to the city manager} €er a hearing before him the construction board of adjustment to show cause why the permit should not be revoked. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received b the city manager The permittee shall be afforded minimum due process including but not limited to the right to notice of the hearings a fair opportunity to be heard in person and through counsel, to present evidence and to cross- examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the revocation decision. Any person aggrieved by a final decision of the construction board of adiustment may immediately appeal the decision as a matter of right by filing an appropriate City of Cape Canaveral Ordinance 03-2004 Page 5 of 14 heading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the heariniz shall _consist_ -of the_comulete record of the_vroceedinas bfore the construction board of adjustment. W44MR ten days frem the hewing date, the eity agerl}a11-gi Sec. 94-35. Fees. Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of any costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and shall include fees for the following: (1) In addition, fees for signs are calculated by using contract amount consistent with the city's schedule of fees; (2) Re -inspection; and (3) If any person commences any work before obtaining the necessary permit, all fees shall be doubled. ARTICLE. M. SIZE, LOCATION AND CONSTRUCTION DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (a) Temyorary on -premises signs shall be permitted under the followjng conditions: (1) Tem orary signs shall be non -illuminated. free standingsi nes (2) Temporary si ng� s shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose e.jzL the scheduled event or occurrence has concluded), 3) Temporary signs shall be permitted for a veriod of ua to sixtv (60) days once a year, per event _ or activity. The display period for temporary signs may not run consecutive with another display period and must be separated by a period of no less than sixty (60) days. Temporary signs erected to serve a si nificant interest or public interest are exempt from the requirements of this subsecton�3� City of Cape Canaveral Ordinance 03-2004 Page 6 of 14 (4) On residential property no one temporary sign shall_ exceed six (6) square feet and the total number of temporary signs on any one residential property shall not exceed three (3). (5) On non-residential pro�eriv no one temporary si n shall exceed thirty two�321 Quare feet and the total area of temporary signage on any non-residential property shall not exceed ninety-six (96square feet (6) Temporary signs may be double faced (back -to -backed only one side of a double faced sign shall be counted for sign area calculations (7) The maximum height of any temporary sign shall be four 4) feet_on residential p_ro ep�rry or eight feet on any non-residential property_ (8) Minimum setbacks for any part of the tempora sign structure shall be a minimum of five (5) feet from any right-of-way and twenty-five (-25) feet from any other adjoining property line except the streets listed below shall have the following set backs Street Minimum Setback from Right -of -Way Astronaut Boulevard SR AIA 50 feet Old State Road 401 10 feet Ridgewood Avenue 10 feet (9) No temporary sign shall be placed within the right-of-wa�unleSS aD roved by the city manager. No t=gLary sign shall be placed within the visibility triangle or Posted on a tree or utility pole. (10) The tMorgU sign shall be constructed of sturdy material such as wood hard .plastic vinyl masonite or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the City Cardboard and paper faced temporary signs are strictly prohibited unless it is safety fastened—in its entirety, to_a backing made_ of material set fhrth in this section (b) In addition to the general rcgi Lrements in subsection W the following requirements shall apply to the specific types of signs listed below: (1) Areas under development such as shopping centers, apartments, condominiums and subdivisions shall be permitted one (1) non -illuminated construction sign not to exceed a sign area of sixteen (16) square feet on residential roperties and thirty two (32) square feet on nonresidential property after a building pgrnit is issued. ln_addition, each subcontractor shall be allowed one (1) non -illuminated construction sign not to exceed a sign area of nine (9) square feet and four (4) feet in height Signs allowed hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked If the project is not completed within one (1)year the city City of Cape Canaveral Ordinance 03-2004 Page 7 of 14 manager may grant an appropriate extension(s) not to exceed the removal date set forth under this subsection (1). All signs must be removed from the property within seven (7) days of the date on which the project is completed, su pended, or abandoned for at least three months. Construction signs are exempt from subsections (a) (2) and (a) (D above. Construction signs shall contain the primary contractor's licensing information. 2 A maximum of one (1) real estate sin is permitted on a property at such time the propeM owner desires to sell or lease the property. Real estate signs shall be removed immediately upon the sale or lease of the property. Real estate signs are exempt from subsections (a) (2) and (a) (3) above. A maximum of one (1) on -premises banner sign. not to exceed 96 square feet. ma b� e erected on a properttito promote a significant interest or public interest as those terms are defined in Section 94-1 of this Chapter. A banner sign may be erected for a maximum of thirty (30) days. A banner sign is, exempt from the freestanding requirement set forth in subsection (a) (love and the size restriction set forth in subsection (a) (4) and(5) above provided it securely fastened to a structure in a manner to withstand weather elements commonly experienced in the City. (b) Real estate signs may be ef:eeted without a peffnit subj er4 to the AAlewiw. _ �. See. 94-77. Signs in-ielation. Reserved. City of Cape Canaveral Ordinance. 03-2004 Page 8 of 14 (1) The deposit shall be fbffeited fbr-�, elllev.wee the acta. l �� . See. Reserved. TThere-a= be -,at a= as-crattiy 818m. `1 ) A t, ,.. ,; ' --0f $tl��fViSi$r��z�itkiix�tli �• �' c 4 s;.7ential. + i City of Cape Canaveral Ordinance 03-2004 Page 9 of 14 M."Mi9'w:ii Qw- $r�lati be - .« fined 4 the siiof City of Cape Canaveral Ordinance 03-2004 Page 10 of 14 DIVISION 3. DISTRICT REGULATIONS Sec. 94-100. Shopping center or multi -tenant center in any district. (a) Signs are permitted for shopping centers or multi -tenant centers in any district as listed in table 94-96-1. Table 94-96-1 District Restrictions TABLE INSET: City of Cape Canaveral Ordinance 03-2004 Page 11 of 14 District Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 Shopping Automotive center/Multi-Tenant Service Corder in any district Station in C-1 Temporary Per Per Per Per Section 94-76 Per Section 94-76 Per Sectio On -premises Section Section Section 94-76 i n 94-76 94-76 9476 Real estate Max, no. 1 Per 1 Per 1 Per } e eey pfepe est Section Section Section aw4age regttiremertt) emeatj 94-76 94-76 94-76 1 Fgr Seco 4-76 n/a n/a Max. area 6 s.f. 6 s.f. 32 6 s.£ 32 s.f. Max. hen 4' 4' 8' 4' 8' 1?slitieal 114r Efte: 2 2 2 1 per eer{didate per frentage then 3 (per dieWes (per distri '. fes„-. afe 3-94 5 s € 3 e € 32-s-& -- Construction FWIV:e Max. no. 1 1 1 2 1 (POF diatiiet (peFdistriet f°quiremei n/a �3 n/a Max. area 16 s.f. 16 s.f 16 s.f 32 s.f Max. height 3! 4' 3' 4' 3 4' 8' Construction Max, no. $ubcontraotog_ — Max area 9 s.f. Ls & 9 3--f 9 s.f. Max hen ht 4' Home Max no. 1 1 1 1 n/a n/a occtt ion Max area 2 s.f 2 s.f 2 s.£ —2—&—f. n/a n/a Exceptions/notes for ground Not Apply to multi -family 2 ofthe following 3 options are permitted per parcel and wall signs permitted only Ground Max. no. 1 1 1 per street frontage 1 per street frontage 1 on primary street frontage Max area 75 s.f. 75 91 150 s.f. 15% of wall space (per district height times business requirement) frontage, max. 128 s.f. perpendicular & 160 s.f. parallel to Rtreet City of Cape Canaveral Ordinance 03-2004 Page 11 of 14 Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public proper or public rights-of-way may be removed by the City or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the Code Enforcement Officer or the Building Oficial the owner thereof or person maintaining the sigg shall, upon receipt of written notification from the Building Official or Code -EO ement Officer, immediately secure the sign, cause it to be placed in good repair or remove the sign (c) Removal of illegally erected Signs The owneerowner's a ent, or person_in control, of any property where an illegally erected sign is located shall have the sign immediately removed (d) Termination of unlawful illumination Upon receipt of written notification by the Code Enforcement Officer or Building Official that a sign is illuminated in violation of this Chapter, the owner, owner's ajzeA or person in control of th"remises shall immediately terminate the prohibited illumination of such sign Sec. 94-110. Implied Consent. Am person applying for and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the Mowing: (1) consents to complying with all movisions ofthis code - and (2) consents for City officials to come on private property LQ -in all signaand to remove illegally erected signs upon reasonable advanced notice b, the city. City of Cape Canaveral Ordinance 03-2004 Page 12 of 14 Max hoi t _ 25' 25' 30' n/a 30' Max. width 25' 25' 25' n/a n/a Wall Max no. 1 (on 1 (on Perpendicular to 1 per tenant space 1 main main street: 1 on each end of structure) structure) the building, parallel to street: 1 si Max. area 50 s.f 128 s.f. Perpendicular: 1 s.f. per 15% of wail space (per district lineal foot of building height times business requirement) width, max 128 s.f frontage, max. 128 each sign, Pazallel: I s,f, s.f. perpendicular & per lineal foot of 160 s.f parallel to building frontage, max. street 160 s.f anner Signs Max. no. 1 1 1 1 I MW area 96 s.f. 96 s.f. 96 s.f 1 96 s.f. Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public proper or public rights-of-way may be removed by the City or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the Code Enforcement Officer or the Building Oficial the owner thereof or person maintaining the sigg shall, upon receipt of written notification from the Building Official or Code -EO ement Officer, immediately secure the sign, cause it to be placed in good repair or remove the sign (c) Removal of illegally erected Signs The owneerowner's a ent, or person_in control, of any property where an illegally erected sign is located shall have the sign immediately removed (d) Termination of unlawful illumination Upon receipt of written notification by the Code Enforcement Officer or Building Official that a sign is illuminated in violation of this Chapter, the owner, owner's ajzeA or person in control of th"remises shall immediately terminate the prohibited illumination of such sign Sec. 94-110. Implied Consent. Am person applying for and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the Mowing: (1) consents to complying with all movisions ofthis code - and (2) consents for City officials to come on private property LQ -in all signaand to remove illegally erected signs upon reasonable advanced notice b, the city. City of Cape Canaveral Ordinance 03-2004 Page 12 of 14 Section 3. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underfined type indicates additions and stfikee'_tt type indicates deletions, while asterisks indicate a deletion from this Ordinance of text existing in Appendix B. It is intended that the text in Appendix B denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance); APPENDIX B SCHEDULE OF FEES *** Chapter 94. Signs (a) Permit fee shall be calculated on actual 30.00 contract cost using subsection (a) of Chapter 82 of Appendix B with a minimum fee of:.......... (b) Reinspection fee.......... 25.00 94-35 (d, For c omnianckV work without a permit, aN fees shall be double (4484 .......... 4069 T8 8 d) Temporary signs and banners.__..... 25.00 Section 4. 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 5. 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 6. 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 7. Effective Date, This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of cape Canaveral Ordinance 03-2004 Page 13 of 14 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this of 72004, ATTEST: SUSAN STILLS, City CIerk 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 Bob Hoog Jim Morgan Steve Miller Rocky Randels Richard Treverton City of Cape Canaveral Ordinance 03-2004 Page 14 of 14 Against STA PLANNING & ZONING BOARD MEETING MINUTES APRIL 14, 2004 A Regular Meeting of the Planning & Zoning Board was held on April 14, 2004 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Leo Nicholas Vice Chairperson John Fredrickson MEMBERS ABSENT Andrea Shea King Lamar Russell Walter Schoenfeld 1 st Alternate Dennis Jenkins 2nd Alternate OTHERS PRESENT Susan Chapman Board Secretary Todd Peetz City Planner Anthony Garganese City Attorney Todd Morley Building Official All persons giving testimony were sworn in by City Attorney Garganese. OLD BUSINESS: Approval of Meeting Minutes: April 14, 2004 Motion by Mr. Fredrickson, seconded by Ms. McNeely to approve the meeting minutes of April 14, 2004 as written. Mr. Fredrickson complimented the Board Secretary for a great job on the clarity of the minutes of a very complicated meeting. Vote on the motion carried unanimously. 2. Discussion Re: Amending Chapter 94, Signs - Article I1I, Size Location and Construction, Division 2 Types of Signs: Section (B)(1) - Establishing Rationale on the Amount of Allowable Signage on Areas Under Development. City Attorney, Anthony Garganese, gave an overview of the recommendations suggested by City Council to change and establish rationale of the proposed ordinance regarding temporary signs. Following a lengthy discussion the Board concluded recommended that the proposed ordinance be updated to include the following: allow sub -contractors to post a sign during construction; to allow a maximum of three signs per residential lot not to exceed 6 sq. ft. per sign; all non-residential signs shall be allowed for 60 days once per year per event; and to update the sign chart to include every type of sign in the new ordinance and to add a column regarding time limitations. Planning & Zoning Board Meeting Minutes April 14, 2004 Page 2 Motion by Ms. McNeely, seconded by Mr. Fredrickson to direct the City Attorney to make the changes to the proposed sign ordinance and send it directly to City Council. Vote on the motion carried unanimously. 3. Presentation and Discussion Re: Special Exceptions. Motion by Mr. Fredrickson, seconded by Ms. McNeely to add this item to the agenda. Vote on the motion carried unanimously. City Attorney, Anthony Garganese advised that he wrote a correspondence following Monday night's Board of Adjustment meeting for a legal opinion regarding consideration and approval or denial of applications for special exception under the City's zoning code. He explained that a special exception is a legislatively established use of property, not specifically permitted by right in a particular zoning classification, but which maybe appropriate under certain conditions and safeguards. To be entitled to a special exception an applicant must show that the proposed use is recognized as potentially appropriate under the zoning classification; that the criteria for the exception would be met; and that public interest would not be adversely affected. Therefore, a property owner requesting an exception must show that it has met each of the criteria.. If these conditions have been met, an application cannot be denied unless there is substantial and competent evidence to show that the criteria has not been met, such as the requested exception is adverse to the public interest. He further explained that a special exception is not equivalent to a rezoning, but merely allows the board to exercise discretion whether it is reasonable based on legislative criteria to permit a unique use within a particular zoning district. He advised that the burden of proof in special exception proceedings is upon the applicant. Mr. Garganese outlined that Planning & Zoning Board's role and Board of Adjustment's role in considering special exceptions; the standard of reviews; and imposition of conditions and safeguards on approved special exceptions. Mr. Garganese concluded that special exception applications must be approved by the Board of Adjustment if the applicant demonstrates by competent substantial evidence that the application complies with the standard of review criteria for special exceptions. The Board of Adjustment may expressly and clearly impose reasonable conditions and safeguards on a special exception permit. However, a special exception application may be denied if the application fails to comply with the standard of review criteria for special exceptions, is not in compliance with the comprehensive plan, or is adverse to the public interest. Discussion followed. Note: A copy of The City Attorney's correspondence shall be attached to these minutes for future reference. There being no further business the meeting was adjourned at 10:00 p.m. Bea McNeely, Chairpers Susan L. Chapman; "Board Secretary Meeting Type: Regular Meeting Date 06-01-04 AGENDA Heading Ordinances -l' Reading Item 9 No. Ordinance No. 11-2004 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 11-2004, PROVIDING TECHNICAL AMENDMENTS TO CHAPTER 78, UTILITIES, OF THE CITY CODE DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider at first reading, Ordinance No. 11-2004, Amending Section 78, Utilities. Summary Explanation & Background: This item was discussed during the May 4, 2004 Code Review Meeting. City attorney and public works director developed verbiage to address offsite sewerage for processing. Exhibits Attached: Ordinance No. 11-2004 City Manager's Office Department PUBLIC WORKS cage -cup \x�Lmunyuocuments \aamin\council\meeting\2004\U6-Ul-U4\11-2004.doc ORDINANCE NO. 11-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING TECHNICAL AMENDMENTS TO CHAPTER 78 OF THE CODE OF ORDINANCES, UTILITIES; 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, as a result of the code review process, the City Council desires to amend Chapter 78 of the City Code; 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): Chapter 78 - UTILITIES *** City of Cape Canaveral Ordinance No. t I-2004 Page l of 5 Sec. 78-131. Offsite sewage pumping. For purposes of this section the term "offsite seweralze" shall mean any off. -site sewerage system not directly connected to the City's sanitary sewerage system including, but not limited to, cruiseships, portable sewer containers, and septic disposal trucks. Offsite sewage pumping will be permitted according to the following: (1) The person requesting the pumping shall contact the public works department and formally request in writing permission to pump offsite sewage into the city's sewer system. (2) The city shall, by and through one of its employees, review the application and if preliminarily approved shall physically accompany the person or his representative making the application to the site where the sewage is to be introduced into the city sewer system. (3) The city, at the expense of the applicant, will test the sewage material that is to be pumped into the city sewer system for compliance with all applicable state department of environmental protection and Environmental Protection Agency requirements and shall reject the application if sewage does not meet the state, federal and local permit requirements for sewage to be introduced in city sewer system. (4) A representative of the city will monitor until its completion the pumping of sewage into the sewer system by the requesting person. (5) The fee for this pumpage shall be as set forth in appendix B to this Code. This fee shall be in addition to any and all tests of the sewage material by the city employees. The person shall be invoiced by the city for this service. (6) There shall be no hazardous waste as identified by state, federal and city guidelines at any time introduced into the city sewer system. Sec. 78-153. Payment of utility charges required. (a) Bills for the monthly utility charges and fees shall be submitted and shall be payable within 30 days from the billing date. If such monthly bill shall be and remain unpaid on and after the 30 -day grace period, water and sewer service shall be subject to cutoff. If such monthly bill is not paid in full by the 30th day following that for which a billing has been rendered, an amount equal to ten City of Cape Canaveral Ordinance No. 11-2004 Page 2 of 5 percent of such bill due shall be added as a late charge. Upon failure of any user to pay within 60 days from being billed, the city shall cut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the city on account of the services shall have been paid in full. If such sewer service is shut off, before such service shall be restored the user thereof shall pay a reinstatement fee in the amount as set forth in appendix B to this Code, in addition to any other charges, late charges or penalties due. The city shall also have a lien on any parcel or property affected by any unpaid balance accrued under oFarticle H of this chapter. Such lien shall be superior and paramount to the interest on such parcel or property of any owner, lessee, tenant, mortgagee or other person, except the lien of county taxes, and shall be on a parity with the lien of any such county taxes. If any such service shall not be paid as and when due and shall be in default for 30 days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the city in a civil action, and any such lien and accrued interest may be foreclosed or otherwise enforced by the city by action or suit in equity as for the foreclosure of a mortgage under the property. Sec. 78-191. Policies and regulations adopted; compliance required. The city shall adopt a reclaimed water system policies and regulation manual from time to times -by reference the "eape eanaveral Reclaimed Water System Policies and Regulations Manuai" dated February 1995. Compliance with said manual the policies and regulatio is hereby required. Sec. 78-192. Inspections. (a) As authorized by law and as a condition of receiving reclaimed water service, Dduly authorized employees of the city bearing proper identification shall be permitted to enter any building, structure or property served by a connection to the reclaimed water system of the city for City of Cape Canaveral Ordinance No. 11-2004 Page 3 of 5 Z! !U111:11MIL INIVADOHMIRM&W 111 111 111 1110 111111 ODOM: 110 111, 11 J�I NU--' �Nffi .: :. : ==MM Sec. 78-191. Policies and regulations adopted; compliance required. The city shall adopt a reclaimed water system policies and regulation manual from time to times -by reference the "eape eanaveral Reclaimed Water System Policies and Regulations Manuai" dated February 1995. Compliance with said manual the policies and regulatio is hereby required. Sec. 78-192. Inspections. (a) As authorized by law and as a condition of receiving reclaimed water service, Dduly authorized employees of the city bearing proper identification shall be permitted to enter any building, structure or property served by a connection to the reclaimed water system of the city for City of Cape Canaveral Ordinance No. 11-2004 Page 3 of 5 the purpose of inspecting the piping system or systems, backflow preventer, valves and/or all other devices installed by the customer which connect to or control the reclaimed water system or use of reclaimed water on such property. (b) Consent to such access shall be obtained voluntarily from a person of suitable age and discretion therein or in control thereof or by inspection warrant. The refusal of voluntary access; when requested, shall be considered evidence of the presence of violation of the policies and regulations adopted herein. (c) Inspections shall be at reasonable times and with reasonable frequency. Where there exists cause to believe that a violation is committed, the city may cause the property to be inspected as necessary to prevent or terminate the occurrence of such violation(s) as authorized by law. Sec. 78-194. Unlawful connections or practices. (a) No person shall be authorized to work on the reclaimed water distribution system without prior written consent of the city, and then only under the direction and supervision of the city. No person shall tamper with, alter, damage, cut into or make connection with, the reclaimed water system or any component thereof. (b) No person shall manipulate valves, hydrants or blow -offs of the reclaimed water distribution system or cause water to flow from the system without prior written consent from the city. (c) Any person found violating this article shall be subject to the procedures and/or penalties provided in - .by law. Sec. 78-195. Code enforcement board authority and violation liability. (a) The city code enforcement board shall have jurisdiction and authority to hear and decide alleged violations occurring in the corporate limits of the city and when warranted levy penalties. Proceedings before the code enforcement board shall be governed by its rules and procedures. (b) Any person or customer found guilty of violating any of the provisions of this article or any written order of the city pursuant thereto, shall pay all penalties, costs and expenses involved in the case, including reasonable attorney's fees. Notice of such violation shall be given by delivering the same to the premises and a copy thereof sent by certified mail to the billing address. Each day upon which a violation of this article occurs shall constitute a separate and additional violation. (c) Any person or customer in violation of any provision of this article shall become liable to the city for any expense, loss or damage incurred by the city by reason of such violation, including City of Cape Canaveral Ordinance No. 11-2004 Page 4 of 5 reasonable attorney's fees and costs of correcting the unauthorized work, tampering or damage to the system. (d) In addition to any penalty provided by law for the violation of any provision of this article, the city may bring suit in the appropriate court to enjoin, restrain or otherwise prevent the 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 S, Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. ATTEST: 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 Jim Miller Rocky Morgan Richard Randels Steve Treverton City of Cape Canaveral Ordinance No. 11-2004 Page 5 of 5 CITY CP CAPE CANAVERAL City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida OF TUESDAY June 1, 2004 7:00 PM REVISED AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Governor's Municipal Mentoring Program. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 18, 2004. 2. Proclamation for Code Enforcement Officer's Appreciation Week. 3. Proclamation for Management Week. 4. Proclamation for National Small Cities and Towns Day. 5. Resolution No. 2004-22; Reappointing One Regular Member to the Business and Cultural Development Board (B. Edwards). 6. School Resource Officer Agreement with the City of Cocoa Beach. CONSIDERATIONS: 7. Motion to Approve: Removal of Creosote Poles from Manatee Sanctuary Park and Regrade Parking Lot in the Amount of $6,325.00. 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 June 1, 2004 Page 2 of 2 ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 03-2004; Amending Chapter 94, Signs, of the City Code, at first reading. 9. Motion to Approve: Ordinance No. 11-2004; Providing Technical Amendments to Chapter 78, Utilities, at first reading. RESOLUTIONS: 10. Motion to Adopt: Resolution No. 2004-18; Adopting a Citation Form in Accordance with Section 82-402. 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 recons 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. Meeting Type: Regular Meeting Date 06-01-04 AGENDA Heading Resolutions Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-18, ADOPTING A CITATION FORM IN ACCORDANCE WITH SECTION 82-402 DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2004-18, adopting a citation form for the purpose of issuing citations under Section 82-402. Summary Explanation & Background: This resolution will formally adopt the form that will be used to issue construction contractor citations. I recommend approval. Exhibits Attached: Resolution No. 2004-18 City Manager's Office Department LEGISLATIVE RESOLUTION NO. 2004-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A CITATION FORM IN ACCORDANCE WITH SECTION 82-402 OF THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 18, 2004, the City Council adopted Ordinance No.09-2004 authorizing the issuance of citations for certain violations under Chapter 489, Fla. Stat., generally related to unlicenced contractors; and WHEREAS, in accordance with the Cape Canaveral Code §82-402 the City Council desires to adopt a citation form to be used for citing violators of certain provisions of Chapter 489, Fla. Stat. and the applicable Cape Canaveral Code; and WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by this reference. Section 2. Citation Form Adopted. The citation form attached hereto as Exhibit "A" is hereby adopted and approved as the citation form for purposes of issuing citations under §82-402, Cage Canaveral Code, and §489.127 and §489.132, Fla. Stat. Exhibit "A" is hereby fully incorporated herein by this reference. The City Manager is hereby authorized to make minor amendments to the citation form for purposes of printing the citation forms and correcting technical mistakes or inconsistencies on the form and updating the form to comply with Florida law. Section 3. Printing Citations. The City Manager is hereby authorized to have the citation form printed by a printing company in booklet form, in a manner deemed appropriate by the City Manager in consultation with the City's Building Official and Code Enforcement Officers. Section 4. Repeal of Prior Inconsistent Resolutions All prior Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Resolution No. 2004-18 Page I of 2 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of , 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Susan Stills, CITY CLERK Jim Morgan Rocky Randels Richard Treverton APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY City of Cape Canaveral Resolution No. 2004-18 Page 2 of 2 CONSTRUCTION CONTRACTOR CITATION Month: CITATION NO.: ISSUING AGENCY: CITY OF CAPE CANAVERAL § 82-400 et. seq. City of Cape Canaveral Code; and/or §489.127, and/or §489.132(1), Florida Statutes. Day of the Week: Month: Day: Year: Time ❑ AM ❑ P1VI First Name: M.I.: Last Name: Street Address: ❑ Certified Mail, Return Receipt Requested City: State: Zip Code: Phone No.: 1,-a . D.O.B.: Race: Sex: Height: — Y oc,- m el. seq. uny or Cape Canaverar L -we -- Uonstmctron Contracting Regulation Violation. 0 § 489.127 Florida Statutes. Prohibitions (Contracting Contrary to Regulations of Professions and Occupations). ❑ 8 489.139il l F7nrida Statutrc .. ... p _eh.ih...;!ed _—_t.e..h., .....l..:..e.......... .:.:..1 ..... p,_,o na._nrua c� wn_„_au. c,rou.. wm anles)- Facts Constituting Reasonable and Probable Cause: Location of Violation: Penalty: $500.00 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) Speer Person: NOTICE TO VIOLATOR This Citation is issued pursuant to § 82-400 et. seq., City of Cape Canaveral Code and Chapter 489, Fla. Stat. 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 cease and desist from the act for which this Citation has been issued and elect either to: (1) Within ten (10) 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, Cape Canaveral, Florida 32920. You must include a copy of this Citation with your payment; OR (2) Within ten (10) days of receipt of this Citation, not including weekends and legal holidays, request an administrative hearing before the City's Code Enforcement Board 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, Cape Canaveral, Florida 32920. Failure to request such a hearing in writing within the ten (10) 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 the penalties imposed as set forth in this Citation. 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 this Citation but no more than $1,000.00 per day for each violation. The above remedies are not exclusive. Any unlicenced person violating subsections 489.127 or 489.132 commits a misdemeanor of the first degree upon first offense. Any unlicenced person, having previously been found guilty of violating subsection 489.127(1) cotnunits a felony of the third degree upon the second offense. Any unlicenced person who commits a violation of subsection 489.127(1) during the existence of a state of emergency declared by executive order of the Governor, commits a felony of the third degree, punishable as provided in §775.082 or §775.083, Florida Statutes. 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 tine of $500.00 and/or 60 days in jail as provided by § 775.082 or § 775.083, Fla. Stat. I Signature of Violator: Date- Original- To be Retained by the Cape Canaveral Code Enforcement Board 11Dmff 641V Yellow Copy - To be Retained by Violator Green Copy - To be Retained by City