The URL can be used to link to this page

Home My WebLink AboutPacket 08-17-2004CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: y of Cape Canaveral L REGULAR MEETING HALL ANNEX , Cape Canaveral, Florida TUESDAY lust 17, 2004 7:00 PM AGENDA PRESENTATIONS: Marguerita Engel, Intergovernmental Coordinator, St. Johns River Water Management District — Presentation of $75,000 Cost Sharing Grant Check. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of August 3, 2004. 2. Resolution No. 200426; Appointing an Alternate Member as a Regular Member of the Planning and Zoning Board (W. Schoenfeld). CONSIDERATIONS: 3. Motion to Approve: Quarterly Budget Report and Transfers for the Period Ending June 30, 2004. ORDINANCES: Second Public Hearing: 4. Motion to Adopt: Ordinance No. 142004; Annexation of the Avon -By -The - Sea Area, at second reading. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 17, 2004 Page 2 ORDINANCES: First Public Hearing: 5. Motion to Approve: Ordinance No. 16-2004; Amending Chapter 102, Entitled Vegetation; Providing for the Adoption of the Florida Noxious Weed and Invasive Plant List, at first reading. 6. Motion to Approve: Ordinance No. 17-2004; Amending Chapter 26, Elections; Exempting the City from the Provisions of Section 101.657, Florida Statutes, Regarding Early Voting by Creating a New Section 26-04 Entitled "Early Voting Exemption", at first reading. 7. Motion to Approve: Ordinance No. 18-2004; Amending Chapter 2, Article V, Entitled Finance; Establishing a New Section 2-207, Entitled Personal Property Control, 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 pubic that: If a person decides to appeal any decision made by the City Counci 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 iinadmissibie 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. CALL TO ORDER: ROLL CALL: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Public Works Director CONSENT AGENDA: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 3, 2004 7:00 PM MINUTES Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Ed Gardulski City Council Regular Meeting Minutes of July 20, 2004. 2. Harbor Heights Easement Agreements. 3. Public Utility Easement Granted by Greene International Development Corporation. 4. Public Ingress/Egress and Utility Easement Granted by the Harbor Heights Residents Eppley and Lee. Mayor Randels asked if any Council Member, staff or interested party desired to remove any item from the Consent Agenda for discussion. Mr. Leo Nicholas requested to remove Item No. 4 for discussion. City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 2 of 9 Mayor Randels stated for the record that the address on Lot 20 of the Harbor Heights Easement Agreements is 337 Coral Drive. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda items No. 1 through 3. A 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. CONSENT AGENDA ITEM FOR DISCUSSION 4. Public Ingress/Egress and Utility Easement Granted by the Harbor Heights Residents Eppley and Lee. Mayor Randels provided background on how the easement reached the Council's action and concluded that the City of Cocoa waterline traverses the property that requires an easement prior to vacation of the property. Mr. Nicholas asked if the 15 -foot easement for the City of Cocoa was in addition to the previously requested 20 -foot easement. Mr. Boucher replied that the applicant had two requirements: 1) to provide a 20 -foot ingress/egress easement for emergency access to the Villages of Seaport and 2) to provide a 15 -foot utility easement to the City of Cocoa. Mr. Nicholas inquired about the vacation of the Ridgewood Avenue extension. Mayor Randels affirmed that the vacation had not occurred. Mayor Randels explained that a portion on the eastern side of the vacated property is the utility easement for the City of Cocoa. In actuality, two separate easements are being proposed. Mr. Nicholas pointed out that if the City retains ownership of the property, there is no need to acquire an easement. Mr. Nicholas contested granting the easement saying that the City's need for the easement provides a purpose for the City to retain the property. Mr. Treverton asked who is responsible for driveway stabilization and he also requested a timeframe for performance. Mayor Randels replied that the stabilization could be performed by any means that meets the City Fire code and the code states that there must be a 20 -foot wide, unobstructed access with a 13', 6" vertical clearance and must support the fire vehicle's load. Stabilization could be met through turf blocks or pavers. Mr. Boucher replied that during a prior meeting, the applicants represented that they would perform what the fire department required; however, the Council could approve the easements with conditions or when action is taken on the ordinance to vacate the property at the Second Hearing. Mayor Pro Tem Hoog referred to a letter that indicated the use of road paving or turf blocks. He recommended that the applicants coordinate the use of turf blocks with the Fire Department. He also pointed out that the parties named in the July 15th letter were not accurately written. The correct names are: Patrick and Rhonda Lee and David and Michelle Eppley. Attorney Garganese stated that the effective date of the ordinance could City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 3 of 9 be delayed pending confirmation that the applicants meet all of the conditions on the vacation of right-of-way. A motion was made by Mr. Morgan and seconded Mr. Treverton to Approve the Public Ingress/ Egress and Utility Easement Granted by the Harbor Height Residents Eppley and Lee. A 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: 5. Motion to Approve: Proposal to Design Stormwater Baffle Boxes for the Center Street, Holman Road and West Central Boulevard Outfall Areas. Mayor Randels stated that the total estimated cost of the Baffle Box Project is $439,003. Mr. Gardulski explained how the engineering would be done prior to construction. Mayor Randels clarified that the Baffle Box project is due for completion prior to stabilizing Center Street. Mr. Boucher replied to Mr. Morgan that the Public Works Director could have the project designed with a pollutant screen. Mayor Randels pointed out that the firm could reduce the cost by $3,000 since their staff is mobilized at the location. Mayor Randels read that the proposal is for the engineering survey, soil investigation, design and permitting in the amount of $51,830 with a $3,000 reduction for a final amount of $48,830. The Council Agreed by Consensus to Approve a Proposal to Design Stormwater Baffle Boxes for the Center Street, Holman Road and West Central Boulevard Outfall Areas to Stottler, Stagg and Associates, Inc. in an Amount of $48, 830. The roll call carried 5-0 as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 14-2004; Annexation of the Avon -By -The -Sea Area, at second reading. Mayor Randels read Ordinance No. 14-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD A1A TO THE ATLANTIC OCEAN, AND OTHERWISE KNOW AS WINSLOW BEACH OR THE UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE 1, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 4 of 9 APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE. Mayor Randels noted the ordinance effective date of October 1, 2005. Mr. Boucher reported on confirmed Public Education session dates on the Annexation of September 2, September 28 and October 7 at the Cape Canaveral Library at 7 P.M. Mr. Frances Kuhn of 102 East Central Blvd. asked who initiated the No Man's Land, Avon -by -the -Sea Annexation. Mayor Randels replied that the City Manager received a request. Mr. Kuhn's stated that Cape Canaveral is annexing an area that the City of Cocoa Beach does not find suitable. He expressed that the City of Cape Canaveral has an effective Adult Entertainment ordinance; however, the City is inviting an area that has existing Adult Entertainment. Mr. Kuhns noted six child abusers residing in the Avon -by -the -Sea area, saying that Cape Canaveral already has 11 perpetrators. Mr. Kuhns questioned how the City could enforce its Adult Entertainment ordinance when every Adult Entertainment case that has gone to the Supreme Court has won. He also pointed out that in annexing the Avon area, more police officers would be needed to include additional vehicles and equipment and this would result in higher property taxes. The Chair acknowledged Mr. Kuhns' concerns. Mayor Randels replied that an annexation request was brought to the City. Mr. Kuhns stated that he was not made aware of such annexation until he saw the legal advertisement in the newspaper and this meeting was actually the third Public Hearing, not the second. Mayor Randels clarified that the Council is putting the referendum question before the electorate to decide on the annexation. Mayor Pro Tem Hoog responded that Mr. Kuhns contacted him regarding the annexation and he had also threatened legal action against the Council because of it. Mr. Boucher informed Mr. Kuhns that he would send out the Annexation information meeting dates in a City newsletter. Mr. Richard Torpey, Attorney with an office at 202 Harbor City Blvd., Melbourne, Florida, represented the interest of a property owner in Avon -by -the -Sea. He stated that the City Planner submitted a report on July 6t' that referred to a rule from Florida Statutes, Section 171.0143. Mr. Torpey pointed out the City Planner accurately referred to the Statute under the Section stating if more than 30 percent of the resident electors are property owners then the City can proceed with annexation using the process set before them. The City Planner calculated that the registered electors constituted 26.83 percent of the property, meaning that either 34 or 33.5 percent of the registered electors are property owners. Mr. Torpey stated that the City Planner is wrong. The actual number is 26.59 percent of the property owners who are registered electors in Avon -by -the -Sea. City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 5 of 9 Mr. Torpey stated that he performed a public records request in order to retrace how the City planner came to his conclusion. Mr. Torpey stated that he performed the calculations twice, once following the City Planner and a second time based on his own research using Brevard County Property Appraiser and Supervisor of Elections data. Mr. Torpey stated that actual land is 83.7625 acres. Mr. Torpey replied to Mayor Randels that he did not include the streets. Mr. Torpey emphasized that Florida law states who could and could not be counted and they first must be registered electors. Mr. Torpey stated that the City Planner erred by including property from a trust or a life estate. Under the Florida Constitution, the trustee of those trusts is not a registered elector unless that right has been specifically conveyed in the trust or the life estate. The calculation amounts to 6.92 acres of land that should be subtracted from the 83.7625 percent that result in land that would count toward registered electors. What changes the calculations is the property owned in life estates or trusts. Mayor Randels said that the trust issue is a technical issue. Mr. Torpey replied that a trust is an entity in the State of Florida. He pointed out that 6.92 acres is within a trust estate. He stated that the calculations provided were in error. Mr. Torpey stated that after final calculations he found that 25.90 percent of the property owners are registered electors. Mr. Torpey read for the record a response from the City Clerk's office, in that the City did not conduct any surveys. Mr. Torpey stated that his firm conducted two surveys. Mr. Torpey recounted that during this meeting, a resident brought out the question of the Adult Entertainment issue prior to Annexation expressing fear of a potential lawsuit. Mr. Torpey expressed his client's concern regarding the Council taking action on an Adult Entertainment Ordinance in conjunction with an Annexation ordinance. He requested that the Council refrain from taking action on the ordinance. Mayor Randels replied that the information collected from the Supervisor of Elections was believed correct on the day it was provided. Mr. Torpey stated that he noted those corrections; however, when you subtract out the acreage owned in life estate or trust that reduces total amount of acreage owned. Attorney Garganese replied that given the information presented, the City Planner could review that information to ascertain if the 30 percent threshold has been met. He recommended that the Council postpone action on the ordinance until time certain, August 17th in order to provide the City Planner time to review the information. Mayor Pro Tem Hoog questioned if Mr. Torpey's client's parcel could be omitted from annexation. Discussion followed. Mayor Randels concluded that the Council would table the ordinance until time certain being August 17th at 7:00 P.M. Mr. Torpey requested to have the City Planner work with his planner on the review. Mr. Todd Peetz, City Planner, informed that the initial analysis was time intensive. He expressed that he would prefer to work in conjunction with Mr. Torpey's planner and he also expressed confidence in his analysis although he did not discount the existence of the trusts. Mr. Torpey submitted his findings for the record. City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 6 of 9 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Table the Decision on the Second Reading of Ordinance No. 14-2004 until Time Certain at 7 P.M., August 17, 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. RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2004-25, Adopting a Tentative Proposed Millage Rate for the 2004/2005 Fiscal Year. A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A TENTATIVE PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2004/2005 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read the Resolution in its entirety. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.3740 mills on the dollar of taxable value for the 2004/2005 fiscal year for the City of Cape Canaveral, Florida. This millage is a 12.09% increase from the rolled back rate of 3.0101. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .3680 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 7 of 9 taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of .0500 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.2060 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative proposed millage rate of 1.7500 mill for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This tentative proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 6. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 3rd day of August, 2004. Mr. Boucher informed that even though there is a roll back rate on the Beautification Ad Valorem, the Budget Advertisement will reflect an increase of 12.09 percent. The new Avon -by -the -Sea proposed property tax rate is 18.003 mills; however, the City's tax rate results lower at 17.7380 mills that amounts to .26 cents less than the County tax rate. Mr. Boucher replied to Mr. Treverton that the Property Appraiser did not include growth in this year's tax rate. Mayor Randels explained that the Truth in Millage Act provides for the same amount of funding from one year to the next. The City Attorney explained further that new growth, such as what has occurred in Cape Canaveral, adds value to the total assessed property value and if the tax rate remains the same every year, a tax increase would occur every year. Mr. Nicholas questioned the amount of dollars per one mill. Mr. Boucher informed that the City's taxable property is $781 million that is a 24 percent increase. He stated that one mill is approximately $780,000. Mr. Boucher reminded the Council that the tax rate set could be lowered but not raised at a future date. City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 8 of 9 A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Resolution No. 2004-25. 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. REPORTS: 1. City Manager • Mr. Boucher reported that the 1.4 million gallon reuse tank is operational. • Mr. Boucher reported that he anticipates two appraisals for the property at 7077 N. Atlantic Avenue. • Mr. Boucher reported that the St. John's River Water Management District would present a ceremonial check for $75,000 for the reuse project. 2. Staff Commander McGee • Commander McGee acknowledged the award of the COPS Fast Grant was approved with a waiver on the Deputy's start date. • No other staff reports were submitted. AUDIENCE TO BE HEARD: The audience provided no comment. 3. City Council No reports submitted from Council Members or the Mayor Pro Tem. Mayor Randels • Mayor Randels reported that Cape Canaveral was recognized as a participating community in "A Community for a Lifetime," sponsored by Elder Affairs of Department of State." • Mayor Randels noted a photo in the Quality Cities magazine taken at the 2004 Legislation Action Day in Tallahassee that included the City Manager and Mayor Pro Tem Hoog. • Mayor Randels thanked the Streets Department for the information given to City residents on recent repair and replacement of city curbs. • Mayor Randels thanked the City Clerk for including wooden frames in the 2004/2005 Budget to enclose the proclamations presented to dignitaries. • Mayor Randels explained about a recent video and also an audio recording on behalf of the "America's Best" award presented to Brevard County's Space Coast Area Transit chosen by other Public Transport Action entities in the entire U.S.A. • Mayor Randels announced that he presented a Key to the City to Oceans Casino Cruises from Dania Beach who brought the Sun Cruz Casino gaming ship line and welcomed them as a source of employment for City residents. He also read a portion of their response letter thanking the City for its acknowledgement. City of Cape Canaveral, Florida City Council Regular Meeting Agenda August 3, 2004 Page 9 of 9 • Mayor Randels invited Council members to participate in a workshop in Tallahassee on August 12th on Florida's Growth Management Policy. • Mayor Randels asked if there were any interest in completing discussion on the City's sign ordinance. Mr. Todd Morley responded that he and the Code Enforcement Officer were reviewing the ordinance. • Mayor Randels inquired about completion of the reuse project. Mr. Gardulski clarified that the project would commence during the upcoming budget cycle. • Mayor Randels referred to the COPS Fast Grant and thanked the City Manager for his efforts in persuading the Department of Justice to provide funding for the Deputy. • Mayor Randels requested Council's support for addressing an on-going area of concern for the Sheriffs Department in the 400 Block of Tyler Avenue that had 43 incident calls from January through April of this year. The City Manager would consult with Commander McGee on this issue. Commander McGee thanked the Council members and City Manager for their participation in the Sheriffs Office, National Night Out. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:07 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date 08-17-04 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 200426, APPOINTING A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD DEPT./DIVISION: PLANNING AND ZONING Requested Action: City Council consider the adoption of Resolution No. 2004-26, appointing Mr. Walter Schoenfeld as a Regular Member of the Planning and Zoning Board. Summary Explanation & Background: Mr. Schoenfeld is currently serving as a First Alternate and he is interested in serving as a Regular Member. His term will expire 09/15/2006. Exhibits Attached: Resolution NO. 2004-26 City Man s ce Department PLANNING & ZONING cadocumen's\admi ncil\meeting-68-=27-04\2004-26 doc RESOLUTION NO. 2004-26 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 53-73 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint one (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. Walter Schoenfeld is hereby appointed as a Regular Member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2006. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of August, 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Steve Miller Jim Morgan Susan Stills, CITY CLERK Rocky Randels Richard Treverton APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY It 1.7 1 -II 1%.1VII I r%vv. Cape Canaveral, FL 32920 Dear Mr. Schoenfeld: .y of Cape Canaveral Your term on the Planning and Zoning Board expires on September 15, 2004. Please check the box that indicates your desire to be appointed as a Regular Member on the Board for a two-year term and return this notice immediately to the City Clerk. The resolution to appoint you as a regular member is scheduled to appear on the City Council Agenda of Tuesday, August 17, 2004. Thank you. lid' 1 DO wish to be considered for appointment as a regular member. ❑ 1 DO NOT wish to be considered for appointment as a regular member. (Signature) Planning an oning Bo , Regular Member Sincerely, Susan Stills, CMC CITY CLERK 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 08-17-04 AGENDA Heading Considerations Item 3 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL. OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE PERIOD ENDING 06-30-04 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council review and approve the Quarterly Budget Report and transfers for the period ending 06-30-04, as recommended by the City Treasurer. Summary Explanation & Background: See the attached memo. I support the City Treasurer's recommendations. Exhibits Attached: City Treasurer's Report City Mana ce ' Department ADMINISTRATION/FINANCE r a e- �mydoctft uncil\meeting\Zwv\uu-l/-Uq\nudget.uoc MEMORANDUM DATE: August 6, 2004 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Quarterly Budget Report and Transfers for the Third Quarter of Fiscal Year 2003/2004, Quarter Ended 6/30/04 Revenues As we continue towards the year-end, Revenues remain within projections. With Cash Forward, interfund transfers and Grants removed collection stands at 87%. This includes the revenues that lag a month on collection. Those include Communications Services Tax, State Revenue Share, Municipal Gas Tax, Garbage and Recycling Fee revenue. Revenue collections related to development activity has surpassed projections and will be increased over $200,000 in the General Fund and $100,000 in the Sewer Enterprise Fund. Utility Operating Income has been increased to record the increased fees collected from new starts. The semi-annual Racquetball Tournaments, held at the Recreation Complex, have seen participation increase to the point that income will be increased to allow for the increased profit share, paid to the tournament staff. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. It is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. General Insurance has been increase in most departments to allow for the increase in premium from FMIT. Worker's Compensation was increased in the Streets Department and the Recreation Department due to rate increases. Promotional Activities and Awards & Recognitions within the Legislative budget will be increased to cover the expenditures incurred with the Portuguese Sister City visit and community activities. Professional Services and Elections will also be increased to provide for the research, documentation and election preperation of the Winslow Beach/Avon-By-The-Sea Annexation question. Travel & Per Diem and Memberships & Training are increased in the Administration's budget to provide funds to allow for increased training. Office and Operating Supplies are also increased due to increased activity. The budgets for Planning & Zoning and Building Department have been adjusted to provide for increased expenditures associated with the recent development activity. Wages and related taxes were increase in Public Safety to fund the Crossing Guards for the balance of the budget year and Citizen's Observer Program was increased to allow at risk teens a summer recreation program. The Streets Department requests a budget increase in Engineering Fees, for Traffic engineering services for Oak Park access onto North Atlantic Avenue, Operating Supplies, for increased activity and Motor Fuel & Lubricants to cover recent fuel price increases. The increased activity in Code Enforcement requires an increase in Postage and Operating Supplies. The Council voted to begin engineering for the new baffle boxes to be installed on Center Street, Holman Road and West Central Boulevard. Much of this project will be funded with a SJRWMD Grant, available in the fall of 2004. Because there are no Stormwater Reserves available the General Fund will advance these funds to allow the project to move forward. These funds will be returned to the General Fund as they become available. The General Fund Contingency account has been increased to account for the balance of revenue. Cash Forward for Police Education is increased and Police Education Income is reduced to bring income figures closer to actual. Capital Landscaping is increased to cover the additional landscaping that the Beautification Fund is providing for Manatee Park. Capital Equipment is increased to purchase a utility trailer for the inmate crew, contracted from the county. A new account, Motor Fuel & Lubrications is created to provide for their fuel usage. An increase in Small Tools will provide the required landscaping tools. Items for the inmate crew will be provided out of Contingency. Following is a listing of Sewer Enterprise Fund budget increases and justifications: Contract Services -Temporary office support for the Cartegraph program. Utilities - Increased costs of power due to fuel prices. Plant & Equipment Maintenance - Emergency repairs to lightning damaged equipment, including meters, charts, surveillance cameras, monitors, computer routers and hubs. There is an Insurance claim pending on these items Collection System Maintenance - Unplanned lift station pump repairs Motor Fuel & Lubricants - Fuel and Oil price increases. Subscription & Training - Additional training for WWTP employees General Supplies - General plant and office supply needs Facility Improvements - Wastewater Treatment Plant Improvements project. Of this amount $120,000 is Impact Fee eligible. Capital Equipment - Replacement of plant HMI computer, damaged by lightning. This item will also be covered on the pending Insurance claim. This completes the requested Budget Amendments for the third quarter of the fiscal year 2003/2004. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. City of Cape Canaveral Budget Transfers for the Quarter Ended 6/30/04 Amended General Fund Revenue 227,900 Legislative Department 3/31/2004 Requested Adjusted Promotional Activities 001-1-511.4920 Budget Budget Budget Line Item Account Name Balance Amend. Balance General Fund Revenue 001-322.1000 Building Permits 300,000 150,000 450,000 001-329.2000 Fire inspection Fees 22,000 30,000 52,000 001-347.2930 Tournament Income 5,600 2,900 8,500 001-369.2000 Plan Review Income 93,000 45,000 138,000 Amended General Fund Revenue 227,900 Amended Legislative Expenditures 22,000 Administration Department 001-2-513.4000 Legislative Department 001-1-511.3100 Professional Services 001-1-511.4800 Promotional Activities 001-1-511.4920 Elections 001-1-511.4930 Awards and Recognitions Amended Legislative Expenditures 22,000 Administration Department 001-2-513.4000 Travel & Per Diem 001-2-513.5100 Office Supplies 001-2-513.5200 Operating Supplies 001-2-513.5400 Memberships & Training Amended Administration Expenditures 5,500 Planning & Zoning 001-3-515.3100 Planning Services 001-3-515.3400 Contract Services 001-3-515.5400 Memberships & Training Amended Planning & Zoning Expenditures 13,670 Public Safety Department 001-4-521.1200 Regular Salaries & Wages 001-4-521.2100 FICA Taxes 001-4-521.3410 Citizen's Observer Program 001-4-521.4500 General Insurance Amended Public Safety Expenditures 9,110 Fire Department 001-5-522.4500 General Insurance Amended Fire Department Expenditures 1,000 Amended Building Expenditures 6,200 8,500 Building Department 001-6-524.1400 Overtime 001-6-524.3400 Contract Services 001-6-524.4500 General Insurance 001-6-524.5200 Operating Supplies 001-6-524.5240 Motor Fuel Amended Building Expenditures 6,200 8,500 4,000 12,500 14,000 12,000 26,000 4,500 5,000 9,500 7,000 1,000 8,000 3,450 2,000 5,450 2,050 500 2,550 6,150 1,500 7,650 3,845 1,500 5,345 13,700 7,000 20,700 8,220 6,000 14,220 400 670 1,070 9,887 4,000 13,887 756 400 1,156 5,500 3,410 8,910 11,431 1,300 12,731 25,000 1,000 26,000 4,212 450 4,662 7,000 3,000 10,000 4,000 1,200 5,200 3,500 1,000 4,500 900 550 1,450 City of Cape Canaveral Budget Transfers for the Quarter Ended 6/30/04 Revenues 3/31/2004 Requested Adjusted 101-300.1000 Cash Forward Budget Budget Budget Line Item Account Name Balance Amend. Balance Amended Police Education Fund Revenues - Streets Department 001-7-541.2400 Worker's Compensation 13,270 3,600 16,870 001-7-541.3100 Engineering Fees 2,200 2,000 4,200 001-7-541.5200 Operating Supplies 8,800 2,500 11,300 001-7-541.5240 Motor Fuel & Lubricants 7,900 2,000 9,900 Amended Streets Expenditures 10,100 5,000 16,135 21,135 Code Enforcement 18,000 1,100 19,100 001-9-529.4200 Postage 400 900 1,300 001-9-529.5200 Operating Supplies 1,585 1,000 2,585 Amended Code Enforcement Expenditures 1,900 Recreation Department 001-11-572.2400 Worker's Compensation 6,973 2,200 9,173 001-11-572.5280 Tournament Expense 4,500 2,100 6,600 Amended Recreational Dept Expenditures 4,300 Non -Departmental 001-17-901.9103 Transfer to Stormwater Fund - 49,000 49,000 001-17-901.9900 Contingency 138,112 105,120 243,232 Amended Non -Departmental Expenditures 154,120 Amended General Fund Revenues 227,900 Amended General Fund Expenditures 227,900 Revenues 101-300.1000 Cash Forward 2,000 6,000 8,000 101-351.3000 Police Education Income 8,000 (6,000) 2,000 Amended Police Education Fund Revenues - Expenditures 105-15-541.5240 Motor Fuel & Lubrications (New Account) - 500 500 105-15-541.5250 Small Tools 1,200 600 1,800 105-15-541.6330 Manatee Park Project 5,000 16,135 21,135 105-15-541.6400 Capital Equipment 18,000 1,100 19,100 105-15-541.9900 Contingency 26,617 (18,335) 8,282 Amended Beautification Fund Expenditures - City of Cape Canaveral Budget Transfers for the Quarter Ended 6/30/04 3/31/2004 Requested Adjusted Budget Budget Budget Line Item Account Name Balance Amend. Balance Amended Sewer Enterprise Fund Expenditures 286,000 Revenues 403-385.0010 Debt Proceeds from General Fund - 49,000 49,000 Amended Stormwater Utility Fund Revenues 49,000 Expenditures 403-18-539.6300 Improvements Other Than Building 169,751 49,000 218,751 Amended Stormwater Utility Fund Expenditures 49,000 Revenue 401-300.1000 Cash Forward 1,107,349.00 40,000 1,147,349 401-343.5100 Utility Operating Income 2,040,000 150,000 2,190,000 401-343.5300 Sewer Assessment Fees 550,000 100,000 650,000 401-343.5301 Reuse Hook -Up Fees 39,500 12,000 51,500 401-361.1100 Interest Income - Expansion 35,076 (6,000) 29,076 401-361.1400 Interest Income - Revenue 37,874 (10,000) 27,874 Amended Sewer Enterprise Fund Revenue 286,000 Expenditures 401-10-535.2400 Worker's Compensation 20,626 7,300 27,926 401-10-535.3400 Contract Services 21,400 10,000 31,400 401-10-535.4300 Utilities 145,600 25,000 170,600 401-10-535.4500 General Insurance 81,710 10,000 91,710 401-10-535.4621 Plant & Equipment Maintenance 65,000 10,000 75,000 401-10-535.4622 Collection System Maintenance 23,000 13,000 36,000 401-10-535.5240 Motor Fuels & Lubricants 5,500 3,000 8,500 401-10-535.5400 Subscriptions & Training 6,094 2,500 8,594 401-10-535.5270 General Supplies 10,000 2,000 12,000 401-10-535.6300 Facility Improvements 895,131 150,000 1,045,131 401-10-535.6400 Capital Equipment 36,800 47,800 84,600 401-19-901.9900 Contingency 3,695 5,400 9,095 Amended Sewer Enterprise Fund Expenditures 286,000 Revenues 403-385.0010 Debt Proceeds from General Fund - 49,000 49,000 Amended Stormwater Utility Fund Revenues 49,000 Expenditures 403-18-539.6300 Improvements Other Than Building 169,751 49,000 218,751 Amended Stormwater Utility Fund Expenditures 49,000 Meeting Type: Regular Meeting Date 08-17-04 AGENDA Heading Ordinances -2nd Reading Item 4 No. area and the City of Cape Canaveral to consider. Once this ordinance is adopted, staff will hold town meetings at AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-2004, ANNEXATION OF THE AVON -BY -THE -SEA AREA DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Ordinance No. 14-2004, the annexation of the Avon -By -The -Sea area referendum question for the November 2004 ballot. This item was tabled at the 08-03-04 meeting in order to review additional information. Summary Explanation & Background: The proposed ordinance provides for the referendum question language for the registered electors of said annexation area and the City of Cape Canaveral to consider. Once this ordinance is adopted, staff will hold town meetings at the library on 9/2/04, 9/28/04 and 10/07/04. The recommended effective date of the ordinance is October 1, 2005 to coincide with our annual budget and to have a transition period for the residents in the annexation area and to address land issues. Exhibits Attached: Ordinance No. 14-2004 City Man s O ce Department LEGISLATIVE Z� cape -n m\myd cuments\ in\council\meeting\2004\08-17-04\14-2004.doc ORDINANCE NO. 14-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD AlA TO THE ATLANTIC OCEAN, AND OTHERWISE KNOWN AS WINSLOW BEACH AND AVON -BY -THE -SEA AREAS OR THE UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE I, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is primarily a residentially developed city encompassing all but a small portion of a housing tract or subdivision known as Avon -By -The -Sea; and WHEREAS, the subject area also includes a commercial corridor along the eastern side of State Road AlA, which under county jurisdiction has resulted in inconsistent land use and zoning requirements with properties across the street and in the City's jurisdiction, creating confusion for residents and guests alike, and diminishing the City's ability to provide a minium quality of life for its citizens; and WHEREAS, the majority of the subject area has developed in a pattern very similar to that of the City of Cape Canaveral; and WHEREAS, annexing the subject real property will square the south boundary of the city, City of Cape Canaveral Ordinance No. 14-2004 Page 1 of 4 provide uniform land use controls along both sides of State Road AIA, and create an identifiable southern gateway feature, and WHEREAS, in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral, the City Council of the City of Cape Canaveral desires to annex the real property more particularly described below into the municipal boundaries of the City of Cape Canaveral; and WHEREAS, this annexation shall be pursuant to the annexation procedures contained in Section 171.0413, Florida Statutes; and WHEREAS, the City Council has determined that the subject real property meets the criteria in section 171.043, Florida Statutes, in that it is reasonably compact and contiguous with the boundaries of the City of Cape Canaveral and will not create an enclave; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Cape Canaveral Comprehensive Plan, Charter, and City Code; and WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171.0413, Florida Statutes, the municipal boundary lines of the City of Cape Canaveral, contained in Cape Canaveral Charter, Article I, Section 2, shall be redefined to include the subject real property. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Annexation of Real Property. The City Council hereby desires and proposes to annex the area of real property, which is more particularly described on the map attached hereto as Exhibit "A", contingent upon the approval of the registered electors of the area of real property proposed to be annexed and the approval of the registered electors of the City of Cape Canaveral. Approval or disapproval of the annexation shall be put to a vote of said registered electors by referendum duly held as soon as practicable at a special or general election. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. Referendum Election. The City Council hereby calls a referendum to be conducted in the area of the real property proposed to be annexed by this Ordinance and within the City of Cape Canaveral. The referendum shall be at the expense of the City of Cape Canaveral and held as soon as practicable at a special or general election thereafter. The referendum shall not be held sooner than 30 days following the final adoption of this Ordinance. Section 3. Annexation Ballot Question. Concurrent with the scheduled election stated in Section 2 herein, the following question shall be placed on the ballot for consideration by the registered electors of the area of real property proposed to be annexed by this Ordinance and the registered electors of the City of Cape Canaveral. The question shall follow the placement on the ballot of any candidates running for elected office, if any. The caption and question shall be worded City of Cape Canaveral Ordinance No. 14-2004 Page 2 of 4 substantially as follows: CITY OF CAPE CANAVERAL ANNEXATION WINSLOW BEACH AND PORTION OF AVON -BY -THE -SEA AREAS Shall the City of Cape Canaveral annex the area of real property generally located from Grant Avenue to Young Avenue and State Road AIA to the Atlantic Ocean, as that property is legally described in Ordinance 14-2004 of the City of Cape Canaveral, Florida, effective upon approval by a majority vote of the registered electors of that property and by majority vote of the registered electors of the City of Cape Canaveral? ❑ Yes - - For annexation of property described in Ordinance Number 14-2004 of the City of Cape Canaveral, Florida. ❑ No - - Against annexation of property described in Ordinance Number 14-2004 of the City of Cape Canaveral, Florida. Section 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above-described question on the ballot for the area of real property proposed to be annexed by this Ordinance and on the ballot for the City of Cape Canaveral. Section 5. City Boundaries Redefined; Cape Canaveral Charter Amended. Pursuant to Section 166.031(3), Florida Statutes, and Section 171.091, Florida Statutes, the City of Cape Canaveral Charter, Article I, Section 2, shall hereby be amended to redefine the corporate boundaries of the City of Cape Canaveral to include the area of real property described in Section 1 of this Ordinance, providing the annexation is approved by a majority vote of the registered electors pursuant to the referendums called and conducted pursuant to this Ordinance. The City Clerk shall file the revised Cape Canaveral Charter, Article I, Section 2, with the Department of State within thirty (30) days upon said approval; otherwise, if the annexation is not approved by the either set of registered electors, then the City Clerk shall not file the revision of the Cape Canaveral Charter. Section 6. 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 7. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 8. Whereas Recitals. The aforementioned "whereas" recitals are hereby fully incorporated herein by this reference as legislative findings of the City Council of Cape Canaveral. Section 9. Effective Date. This Ordinance shall become effective immediately upon City of Cape Canaveral Ordinance No. 14-2004 Page 3 of 4 adoption by the City Council of the City of Cape Canaveral, Florida, however, the annexation proposed by this Ordinance shall become effective on October 1, 2005 only if the proposed annexation receives approval by a majority vote of the registered electors of the area of real property proposed to be annexed by this Ordinance and a majority vote of the registered electors of the City of Cape Canaveral ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of ATTEST: 2004. ROCKY RANDELS Mayor SUSAN STILLS Bob Hoog City Clerk Steve Miller Jim Morgan Rocky Randels Approved as to legal form and sufficiency Richard Treverton for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: City of Cape Canaveral Ordinance No. 14-2004 Page 4 of 4 For Against 7.0 GENERAL SUMMARY FOR BREVARD COUNTY Summary of an Annexation by the City of Cape Canaveral From Brevard County, Florida District 2 Location: Generally from Grant Avenue to Young Avenue from SR AIA to the Atlantic Ocean or the unincorporated area between the Cities of Cape Canaveral and Cocoa Beach. Metes and Bounds Legal Description, as provided by the Brevard County Survey Department. The proposed annexation area is "bounded on the North by a line beginning at the East right of way line of North Atlantic Avenue and the North Right of way line of Grant Avenue; thence Easterly along said North right of way line of Grant Avenue to the West line of Lot 13, Block 73, Avon By The Sea, as recorded in Plat Book 3 page 7, Public Records of Brevard County, Florida; thence Easterly along said North line and its Easterly projection to the centerline of Orange Avenue; thence Southerly along said centerline to the North right of way line of Grant Avenue; thence Easterly along said right of way to the centerline of Ridgewood Avenue; thence Northerly along said centerline to the Westerly projection of the centerline of Block 76 of said Plat Book 3 page 7, Public Records of Brevard County, Florida; thence Easterly along said Westerly projection to the mean high water line of the Atlantic Ocean." "Bounded on the East by the mean high water line of the Atlantic Ocean." "Bounded on the South by a line beginning at the mean high water line of the Atlantic Ocean and the Easterly projection of the North right of way line of Harding Avenue; thence Westerly along said Easterly projection and North right of way line to the West right of way line of Ridgewood Avenue; thence Southerly along said West right of way line to the South right of way line of Barlow Avenue; thence Easterly along said South right of way line to the East line of Lot 7 of Replat of Blocks 104, 105 of Avon By The Sea, Plat Book 11 page 33, Public Records of Brevard County, Florida; thence Southerly along said East line and it's Southerly projection to the North right of way line of Young Avenue; thence Westerly along said North right of way line to the East line of Lot 19 of said Plat book 11 page 33; thence Northerly along said East line and the Northerly projection to the South right of way line of Barlow Avenue; thence Easterly along said South right of way line to the Southerly projection of the East line of the West % of Lot 14, Block 102, Avon By The Sea as recorded on Plat Book 3 page 7, Public Records of Brevard County, Florida; thence Northerly along said Southerly projection and East line and its Northerly projection to the North right of way line of Harding Avenue; thence Westerly along said North right of way line and its Westerly projection to the East right of way line of North Atlantic Avenue (SR Al A)." "Bounded on the West by the East right of way line of North Atlantic Avenue (SR AIA)." Meeting Type: Regular Meeting Date 08-17-04 AGENDA Heading Ordinances -I' Reading Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 16-2004 AMENDING CHAPTER 102, PROVIDING FOR THE ADOPTION OF THE FLORIDA NOXIOUS WEED AND INVASIVE PLANT LIST DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider at first reading Ordinance No. 16-2004 amending Cbapter 102, providing for the adoption of the Florida Noxious Weed and Invasive Plant List. Summary Explanation & Background: The Beautification Board and Public Works staff have recommended that City Council consider adoption of this proposed ordinance. Exhibits Attached: Ordinance No. 26-2004 City Manager' � _ -.- :� --? Department PUBLIC WORKSBEAUTIFICATION a e- mydoc ents\ uncil\meets \2004\08-17-04\16-2004 doc ORDINANCE NO. 16-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 102, ENTITLED VEGETATION; PROVIDING FOR THE ADOPTION OF THE FLORIDA NOXIOUS WEED AND INVASIVE PLANT LIST; PROVIDING FOR THE PROHIBITION OF PLANTING ANY SPECIES FROM THE NOXIOUS WEED AND INVASIVE PLANT LIST; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY;AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section2(b), Article VIII, ofthe Florida 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, Section 581.09(4), Florida Statutes (2003) provides, in relevant part, a local government when identifying a list of noxious weeds, invasive plants, or plants deemed to be a public nuisance or threat, shall only adopt the lists developed under Chapter 581 or rules adopted thereunder; and WHEREAS, The Florida Department of Agriculture and Consumer Services adopted by rule the state list of noxious weeds and invasive plants in Rule 5B-57.007, Florida Administrative 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 reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 102 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and stiikeeut City of Cape Canaveral Ordinance No. 16-2004 Page 1 of 9 type indicates deletions, while asterisks (* * * ) indicate a deletion from this Ordinance of text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks (* * *) and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 102 VEGETATION ARTICLE II. TREE PROTECTION DIVISION 2. LAND CLEARING Sec. 102-36. Definitions. Noxious weed means any living stage including, but not limited to, seeds and reproductive parts, of a parasitic or other plant of a kind or subdivision of a kind which may be a serious agricultural threat in Florida or have a negative impact on the plant species protected under Section 581.185, Florida Statutes or if the plant is a naturalized plant that disrupts naturally occurring native plant communities, and which is identified in Section 102-46. Sec. 102-39. Permits. (d) Land Clearing permit. A land clearing permit shall be required for clearing where an active development order is being sought according to the following: (1) The issuance of a land clearing permit shall be required prior to land clearing after the applicant has obtained an approved site plan, subdivision approval or building permit, whichever is applicable, according to the following: a. If one (1) or more trees three (3) inches dbh or greater, excluding undesirable, noxious weed, and prohibited species, are to be removed from the property. City of Cape Canaveral Ordinance No. -2004 Page 2 of 9 b. If fifty (50) percent or greater of the existing vegetation, or more than one acre, - hir,h is -less,of the existing vegetation, whichever is less, is to be removed from the property, excluding undesirable and noxious weed species. Sec. 102-41. Protection of trees and vegetative buffers. (b) Preservation thresholds. (1) Protected trees. Any tree, with the exception of the undesirable, noxious weed or prohibited species listed in section 102-45, 102-46, and 102-47 respectively, having a diameter (dbh) of three (3) inches or greater shall be protected. (2) Vegetative buffer areas. Where a vegetative buffer is required by section 110-566 et seq. pertaining to landscaping, any natural vegetation within the required buffer area pursuant to section 102-44, with the exception of the undesirable species, noxious weed, or prohibited species listed in section 102-45 102-46, and section 102-47, respectively, shall be preserved. This shall include preservation of the understory. (d) Replacement criteria. (5) Under no circumstances shall plants from the noxious weeds or prohibited list be planted within the City of Cape Canaveral. Sec. 102-44. List of recommended landscaping plants. City of Cape Canaveral Ordinance No. -2004 Page 3 of 9 NONNATIVE SPECIES Botanical Name Common Name Community Cold Tolerance (ST) Small Tree Eucalyptus cinera Silver dollar N, C, S + Lagerstromia indica Crape myrtle N, C, S + (MT) Medium Tree Bauhinia purpurea Orchid tree S, B Callistemon lanceolatus Bottlebrush N, C, S, B + Callistemon viminalis Bottlebrush N, C, S, B + 6arretweed S B Dalbergia sissoo Rosewood C, S Eriobotryajaponica Loquat N, C, S, B + Koelreuteria formosana Gold rain tree N, C, S + Olea europae Olive tree S, B Parkinsonia aculeate Jerusalem thorn N, C, S, B + Ulmus pumila, parvifolia Chinese elm N, C, S, B + (S) Shrub Podocarpus macrophylla Maki N, C, S + Podocarpus nagi Nagi N, C, S + (P) Palm Tree Arecastrum romanzoffianum Queen palm N, C, S + Butia capitata Pindo N, C, S, B + Livistonia chinensis Chinese fan N, C, S + Phoenix canariensis Canary Island date N, C, S, B + Phoenix reclinata Senegal date N, C, S + Trachycarpus fortunei Windmill palm N, C, S + Washington robusta Washington palm N, C, S, B + Sec. 102-45. List of undesirable species. The list of undesirable species under this division shall be as follows: City of Cape Canaveral Ordinance No. -2004 Page 4 of 9 Botanical Name Common Name Sfairws�erebintfaiielius Swi#--peppw Alectra sop. Alectra Easaarina spp. AustFalian pine Eucalyptus spp. Eucalyptus Enterolobium contortisiliquem Ear tree Melia azedarach Chinaberry Cinnamomum camphora Camphor tree Sapium sebifewm 6hinese tallew Air petatelaiFyam BGWR' -rese-rnYrNe Sansevieria hyacinthoides African bowstring hemp Ricinus communis Castor bean plant Sec. 102-46. Noxious Weed Species. The list of noxious weed species is as follows: I. Parasitic Weeds The list of undesirable species under this division shall be as follows: Botanical Name Common Name Aegi ba spa. Aegineba Alectra sop. Alectra Cuscuta spp. C. americana C. compacta. C. exaltata. C.gronovii. C.indecora. C. obtusiflora. C. ED! ona. C. umbellata. Orobanche spp. Broomrapes (with exception of 2.0 unifloralone flowered broomrape) City of Cape Canaveral Ordinance No. -2004 Page 5 of 9 II. Terrestrial Weeds The list of undesirable species under this division shall be as follows: Botanical Name Common Name Ageratina adenophora Crofton weed. Altemanthera sessilis Sessile ioyweed. Asphodelus fistulosus Onionweed. Avena stedlis (includinq Avena budoviciana) Animated Oat, Wild Oat. Borreda alata Broadleaf buttonweed. Carthamus oxyacantha Wild safflower. Chrysopogon aciculatus Pili iliula. Commelina benghalensis Benghal dayflower. Crupina vulgaris Common crupina. Cupaniopsis anacardioides Carrotwood. (Propagation prohibited effective 7/1/99 sale or dish ution prohibited 1/1/2001. Digitaria scalarum African couchgrass, fine Digitada velutina Velvet fingergrass, annual couchgrass. Dioscorea alata White yam. Diosoorea bulbifera Air potato. Drymada arenadoides Lightning weed. Emex australis Three -corner lack Emex spinosa Devil's thom. Euphorbia prunifolia Painted euphorbia. Galega officinalis Goat's rue. Heracleum mantegazzianum Giant hogweed. Imoerata brasiliensis Brazilian satintail. Imoerata cylindrical Cogongrass. Ipomoea biloba Little bell, Aiea moming glory. Ischaemum rugosum Murainograss. Leptochloa chinensis Asian spranpletop. Lydum ferocissimum African boxthom. Lygodium iaponicum Japanese dimbing fem. Lygodium microphyllum Small -leaved climbing fem. Melaleuca quinquenervia Melaleuca. Melastoma malabathricum Indian rhododendron. Mikania cordata Mile -a -minute. Mikania micrantha Climbing hempweed. Mimosa invisa Giant sensitive plant. Mimosa pigs Catclaw mimosa. Nassella trichotoma Serrated tussock. Neyraudia reynaudiana Burma reed. City of Cape Canaveral Ordinance No. -2004 Page 6 of 9 Opuntia auranbaca Jointed pdckly pear. Oryza longistaminata Red rice. Oryza punctata Red rice. Oryza rufipogon Wild red rice. Paededa cruddasiana Sewer -vine. Paededa foefida Skunk -vine. Paspalum scrobiculatum Kodomillet. Pennisetum dandesfinum Kikuyu grass. Pennisetum macrourum African featherprass. Pennisetum pedicellatum Kyasuma grass. Pennisetum polystachyon Missiongrass, Thin napiergrass. Prosopis spD. Asian marshweed Puerada Montana Kudzu. Rhodomyrtus tomentosa Downy myrtle. Rottboellia cochinchinensis Itchgrass. Rubus frubcosus Bramble blackberry. Rubus molluccanus Wild raspberry. Saccharum spontaneum Wild sugarcane. Salsola vermiculata Wormleaf salsola. Sapium sebiferum Chinese tallow tree. Schinus terebinthifolius Brazilian pepper -tree. Setaria pallidefusca Cattail Dross. Solanum tampiCense Wetland nightshade. Solanum torvum Turkeyberry. Solanum viarum Tropical soda apple. Tridax procumbens Coat buttons. Urochloa panicoides Liverseed grass. Sec. 102-47 Prohibited Plant Species. Scientific Name Common Name Casuarina equisefifolia Australian pine Casuarina glauca Suckednq Australian pine Eichhomia crassipes Water -Hyacinth Hydrilla verticillata Hvddlla Hygrophila polvsperma Green Hygro Ipomoea aquafica Waterspinach Pistia strafiotes Watedettuce Altemanthera Philoxeroides Alligator weed Casuarina cunninghamiana AusValian pine Ipomoea fistulos (= I. camea ssp. fistulosa) Shrub Moming-glory Limnophila sessiliflora Asian marshweed Myriophyllum spicatum Eurasian water-milfoil City of Cape Canaveral Ordinance No. -2004 Page 7 of 9 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading maybe changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2004. ROCKY RANDELS, Mayor ATTEST: Susan Stills, City Clerk First Reading: Legal Ad published: Second Reading: Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. -2004 Page 8 of 9 For Against Motion Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney G:\Docs\City of Cape Canaveral\Ordinances\2004\16-2004-Noxious Weeds City of Cape Canaveral Ordinance No. -2004 Page 9 of 9 BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lazy Usher L. Brown' Jeffrey P. Buak° Suzanne D'Agresta° Anthony A. Garganese° Gary S. Salzman' John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer 'Board Certified City, County & Local Government Law Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher Cocoa & Viera Joseph E. Blitch John U. Biedenharn, Jr. Lisa M. Fletcher Douglas Lambert Katherine Latorre Melanie A. Mucano Michelle A. Reddin Kimberly F. Whitfield Erin J. O'Leary J. W. Taylor Of Counsel July 2, 2004 VIA FACSIMILE AND U.S. MAIL (321) 868-1224 Ed Gardulski, Public Works Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Request for Changes to Chapter 102, City Code City of Cape Canaveral - General Our File No.: 513-001 Dear Ed: Please allow this correspondence to acknowledge your e-mail message of June 30th regarding the above -referenced ordinance. In that regard, we have reviewed the material you recommended and have amended the ordinance to include an additional section listing prohibited plants. Please find a copy of the revised and amended ordinance enclosed herewith for your additional review and comments. If the ordinance is in acceptable form at this time, we would ask that you move the matter forward for review by the City Council. As always, if you have any questions, please do not hesitate to contact our offices. Very truly yours, s Jeffrey P. Buak, Assistant City Attorney JPB/eah Enclosure: Ordinance cc: Bennett Boucher, City Manager, City of Cape Canaveral (w/Enclosure) GADocs\City of Cape Canaveral\Correspondence\Boucher\Boucher_Amendment_Ordinance_Vegetalion_Ltr070204.wpd 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Meeting Type: Regular Meeting Date 08-17-04 AGENDA Heading Ordinances -I' Reading Item 6 No. If this were to happen, it would place a burden on the City Clerk's office to try and accommodate the voters, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 17-2004, EXEMPTING THE CITY FROM THE EARLY VOTING PROVISIONS OF THE FLORIDA STATUTES DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 17-2004, exempting the City from the early voting provisions of Florida Statute 101.657. Summary Explanation & Background: Pursuant to Florida Statute 101.657, the Supervisor of Elections may designate City Hall or the public library as early voting sites. If this were to happen, it would place a burden on the City Clerk's office to try and accommodate the voters, process the early voting certificates and secure the ballots. Exhibits Attached: Ordinance No. 17-2004; Florida Statute 101.657 City Mana s ffice Department LEGISLATIVE ORDINANCE NO. 17-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, CHAPTER 26, ELECTIONS; EXEMPTING THE CITY FROM THE PROVISIONS OF SECTION 101.657, FLORIDA STATUTES, REGARDING EARLY VOTING BY CREATING A NEW SECTION 26-4 ENTITLED "EARLY VOTING EXEMPTION;" PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING 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 § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Legislature has adopted revisions to section 101.657, Florida Statutes, requiring supervisors of elections to provide early voting to its electors; and WHEREAS, the Florida Division of Elections, in an informal opinion to the City Attorney dated July 23, 2004, authorized that the City may opt out of the provisions of the Florida Election Code not expressly applicable to municipalities, and specifically, the early voting requirements; WHEREAS, the City Council finds early voting would impose a financial burden on the City and that it is in the best interests of the City to opt out of the early voting requirements; and WHEREAS, the City Council desires to create a new section 26-4, of the City Code, entitled "Early Voting Exemption;" and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 17-2004 Page 1 of 3 Section 2. Code Amendment. That Chapter 26, Elections, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 26. It is intended that the text in Chapter 26 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 26. ELECTIONS *** Sec. 26-4. Early Voting Exemption. The Cit of f Cape Canaveral is hereby exempt from the early voting provisions of section 101.657, Florida Statutes From time to time the City may contract with the Brevard County Supervisor of Elections to conduct early voting for the Cit off Cape Canaveral at the office of the Supervisor of Elections and any other early voting sites the Supervisor may establish in public libraries city halls or any other facilities approved by the Supervisor. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2004. ROCKY RANDELS, Mayor ATTEST: For Against City of Cape Canaveral Ordinance No. 17-2004 Page 2 of 3 Bob Hoog Jim Morgan Rocky Randels SUSAN STILLS, City Clerk Richard Treverton Steve Miller First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2004 Page 3 of 3 Statutes & Constitution :View Statutes :->2004->Ch0101->Section 657 : flsenate.gov Page 1 of 2 Select Year: 2004 The 2004 Florida T. i_tle 1X Chapter 1€31_ View. Entire Chapter ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.657 Early voting. -- (1)(a) The supervisor of elections shall allow an elector to vote early in the main or branch office of the supervisor by depositing the voted ballot in a voting device used by the supervisor to collect or tabulate ballots. In order for a branch office to be used for early voting, it shall be a full-service facility of the supervisor and shall have been designated as such at least 1 year prior to the election. The supervisor may designate any city hall or public library as early voting sites; however, if so designated, the sites must be geographically located so as to provide all voters in the county an equal opportunity to cast a ballot, insofar as is practicable. The results or tabulation may not be made before the close of the polls on election day. (b) Early voting shall begin on the 15th day before an election and end on the day before an election. For purposes of a special election held pursuant to s. 100,_1.01, early voting shall begin on the 8th day before an election and end on the day before an election. Early voting shall be provided for at least 8 hours per weekday during the applicable periods. Early voting shall also be provided for 8 hours in the aggregate for each weekend during the applicable periods. (2)(a) The elector must provide identification and must complete an Early Voting Voter Certificate in substantially the following form: EARLY VOTING VOTER CERTIFICATE I, , am a qualified elector in this election and registered voter of County, Florida. I do solemnly swear or affirm that I am the person so listed on the voter registration rolls of County and that I reside at the listed address. I understand that if I commit or attempt to commit fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election I could be convicted of a felony of the third degree and both fined up to $5,000 and imprisoned for up to 5 years. I understand that my failure to sign this certificate invalidates my ballot. (Voter's Signature) (Address) (City/State) (b) Any elector may challenge an elector seeking to vote early under the provisions of s. 101.111... Any challenged voter must vote a provisional ballot. The canvassing board shall review the ballot and decide the validity of the ballot by majority vote. (c) The canvass of returns for ballots cast under this subsection shall be substantially the same as votes cast by electors in precincts, as provided in s. 1.01._5614._ http://www.flsenate.gov/Statutes/index.cfrn?p=2&App_mode=Display_Statute&Search ... 08/10/2004 Jul 23 2004 4:57PM BROWN,GRRGRNESE,WEISS & D 4074259596 p.2 BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Law Usher L. Brown' Offices in Orlando, Kissimmee, Debra S. Babb-Nuteher Jeffrey P. Buak° Cocoa & Viera Joseph E. Blitch Suzanne D'Agresta° John U. Biedenham, Jr. Anthony A. Garganese' Lisa M. Fletcher John H. Word • Katherine Latorre Jeffrey S. Weiss Melanie A. Mucario Michelle A. Reddin *Board Certified Civil Trial Lawyer Erin J. O'Leary Hoard Certified City, County & Local Government Law J. W. Taylor Of Counsel July 23, 2004 Via Facsimile Only Susan Stills, City Clerk City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: informal Opinion: Opt -Out Provision for Municipal Elections Dear Susan: Enclosed you will find an Informal Opinion that I requested from Maria I. Matthews, Assistant General Counsel for the State of Florida, Department of State, regarding the early voting requirements under the Florida Election Code. Should you have any questions, please do not hesitate to contact me. V my yours, Anthony A. Garganese City Attorney AAGAg Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 -Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website_ www.oriandolaw.net • Email: firm®oriandolaw.net Jul 23 2004 4:57PM BROWN,GRRGANESE,WEISS & D 4074259596 87/23/2904 14:25 858 JzB BUSH Govemor DEPT OF STATE Aft 4W STATE OF FLORIDA DEPARTMENT OF STATE July 23, 2004 VtA FACSIMILE Anthony A. Gargariese, Esq. Brown, Garganese, Weiss & D'Agresta, P.A. 225 East Robinson Street Suite 660 Orlando, Florida 32802-2873 Re: Informal Opinion: Opt Out Provision for Municipal Elections Dear Mr. Garganese. P.3 PAGE 02/02 GLE"A E. HOOD Secretary of State This is in response to your request on behalf of four municipalities Cape Canaveral, Cocoa, Orchid and Winter Springs, for art informal opinion relating to municipal elections. You ask whether a city may, pursuant to section 100.3605, Flozida. Statutes, opt out of the early voting process enacted recently under sections 9, 10, 11, 12 and 13 of chapter law 2004-252, Laws of Florida_ Since 1995, the Florida Elections Code (Chapters 97 through 106, Florida Statutes) governs all aspects of municipal elections in the absence of an applicable special act, charter or ordinance. See section 100.3605, Florida Statutes; Chapter 95-178, Laws of Florida, see also DE 03-01. However, elven where a municipality chooses to `opt out" of the elections code by virtue of a special act, charter, or ordinance, it will continue to be bound by those provisions of the code that expressly apply to municipahties. At this time, the statutory provision on early voting does not expressly apply to municipalities. Therefore, a mtuticipality may ept out of this provision through the application of a special act or adoption of a charter or ordinance. If the mwrdcipahty chooses to provide early voting, it must comply with the statutory requirements for early voting under section 101.657, Florida Statutes. Res )OW - Assistant Assistant General Counsel MIM/ccs+. cc: Kate Latorre, Esq. Otixe of the Secretary B. A. Gray Saitdine a 500 South Bronoogh Street • Tallatutsaee, Florida 32394-4150 Telephoer. (SM) 249-6500 a F'aesimik.- (8s!) 24"- 125 • wWW: Attp:/fv►•rw.dos,stote.tl.as Meeting Type: Regular Meeting Date 08-17-04 AGENDA Heading Ordinances -l" Reading Item 7 No. I recommend approval at first reading. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 18-2004 ESTABLISHING A NEW CODE SECTION 2-207, PERSONAL PROPERTY CONTROL DEPT./DIVISION: ADMINISTRATION/CITY TREASURER Requested Action: City Council consider at first reading Ordinance No. 18-2004 establishing a new code section 2-207 entitled, Personal Property Control, as recommended by the City Treasurer. Summary Explanation & Background: The City Treasurer prepared the proposed ordinance to update the City property control procedures. Our City auditors recommended this update. I recommend approval at first reading. Exhibits Attached: Ordinance No. 18-2004 City Manager' a Department ADMINISTRATION/CITY TREASURER cape-nt ydoen council\meeting 004\08 V9\10-LVV4—oc ORDINANCE NO. 18-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE V OF THE CODE OF ORDINANCES, ENTITLED FINANCE; ESTABLISHING A NEW SECTION 2-207, ENTITLED PERSONAL PROPERTY CONTROL; PROVIDING DEFINITIONS; PROVIDING FOR RECORD AND INVENTORY CONTROL OF CITY -OWNED PERSONAL PROPERTY; PROVIDING FOR SUPERVISION AND CONTROL OF PROPERTY; PROVIDING FOR GUIDELINES FOR PROPERTY ACQUISITION AND DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR VALUATION OF PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE, SEVERABILITY, AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council realizes that the City's investment in personal property represents a substantial expenditure of the City's resources; and WHEREAS, the City Council has determined that the establishment ofprocedures necessary for recording and maintaining information on the acquisition, identification, location, value, condition, and disposition of each item of City property is necessary in order for the City to protect its investments; 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 City of Cape Canaveral Ordinance No. 18-2004 Page 1 of 5 Canaveral. Section 2. Code Amendment. Chapter 2, Article V of the Code of Ordinances, City of Cape Canaveral, Florida, entitled Finance, is hereby amended as follows (underlined type indicates additions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2, Article V. It is intended that the text in Chapter 2, Article V denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): ARTICLE V. FINANCE DIVISION 1. GENERALLY Sec. 2-207. Personal Property Control (a) Definitions. The following words terms and phrases when used in this division, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: City means the City of Cape Canaveral and/or the City Council. Governmental Unit means the governing board commission or authority of a municipality, county or taxingdistrictof the state or the sheriff of the county. Property means unless provided otherwise in this section all tangible personal property of a non- consumable nature. Property Record means a list or inventory of all City owned Property with a value of $1,000.00 or more and a normal expected life of more than one (1) year, which includes the type, character, condition of the Property and any other information required by the city manager or applicable law. Record and inventory of Property. Each item of Property which is practicable to identify by marking shall be marked in the manner required by City Manager. Each department head shall complete and maintain a current inventory of all Property assigned or entrusted to the custody of the associated department. Such inventory shall include the condition of the Property, i.e. good fair, or poor, and shall identify all Property which has become damaged missing or of which is of no further value to such department. A copy of such inventory City of Cape Canaveral Ordinance No. 18-2004 Page 2 of 5 shall be provided to the city treasurer at a minimum on or before September 1 of each year, but additionally as changes to the condition or status of the Property occur. No Property, regardless of condition or value may be disposed of or transferred from the custody of the assigned department without approval of the city manager. The city treasurer shall prepare and maintain a Property Record for the City, the same shall be updated annually. As indicated above the City Treasurer shall be provided a copy of each departmental inventory, no less than annually, but additionally as required by this section. Such inventories shall be compared with the Property Record and all discrepancies shall be traced and reconciled All Property shall be entered into the Property Record of the City where the value of the Property exceeds $1,000.00 and has a life expectancy of greater than one (1) year. In addition to the foregoing the City shall take an inventory of its Property in the custody of the City Manager, or any authorized department head whenever there is a change in City Manager or authorized department head. Where anyProperty is determined by a department head, to be surplus, missing or damaged the department head shall immediately notify the city manager in writing of such status. The Property shall continue to be maintained by the custodial department until directed otherwise by the city manager. Where the city manager directs the property to be disposed of, as provided in this section or transferred to another department the department head being relieved of the Property shall notify the city treasurer in writing of the status and disposition of such Property. The city treasurer shall prepare and maintain a separate inventory of all City Property declared surplus missing or damaged and how the same was disposed of. (c) Property supervision and control. The city manager shall be responsible for the supervision and control of City Property, but may delegate to the various department heads its use and immediate control and may require custody receipts The city manager may assign to or withdraw from such department heads the custody of City Property at any time The city manager and heads of each department shall be responsible to the City for the safekeeping and proper use of the Property entrusted to their care. Property acquisition. Whenever acquiring property, the City may pay the purchase price in full or may exchange Property with the seller as a trade-in and apply the exchange allowance to the cost of the Property acquired If whenever acquiring Property, the city may best serve the interests of the City by outright sale of the Property to be replaced rather than by exchange as a trade-in it may make the sale in a manner otherwise prescribed in this section for the disposal of Property. The receipts from the sale City of Cape Canaveral Ordinance No. 18-2004 Page 3 of 5 may be treated as current refund if the Property to be acquired shall be contracted for within the same fiscal year of the City in which the Property sold is disposed of. (e) Surplus Property Disposition. Property that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function ma by e disposed of for value to M person or may be disposed of for value without bids to the state to any Governmental Unit or to any political subdivision, as defined in Sectionl 01 Florida Statutes or if the Property is without commercial value it may be donated destroyed or abandoned Property, the value of which the City Manager estimates to be between $3,000.00 and $5,000.00, shall be sold only to the highest responsible bidder after a request for at least three (3) bids or by public auction. Any sale of property the value of which the City Manager estimates to be $5,000.00 or more shall be sold only to the highest responsible bidder at public auction after publication of notice less than one (1) week nor more than two (2) weeks prior to sale in a newspaper having a general circulation in Brevard County. (f) Recording the disposal of property. The disposal of Property, within the purview of section (e) shall be recorded by City Manager required by section (b) above. W Valuation of property. Property should be accounted for at cost which may include the following: purchase or construction cost; freight and transportation charges-, site preparation expenditures; professional fees and legal claims directly attributable to asset acquisition. Donated Property should be recorded at its estimated fair market value at the time of acquisition. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Ordinance No. 18-2004 Page 4 of 5 jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of '2004. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Steve Miller Jim Morgan Rocky Randels SUSAN STILLS, City Clerk Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney G:\Lawyer\jeffb\City of Cape Canaveral\Ordinances\Property_Control_II-FINAL_081004.wpd City of Cape Canaveral Ordinance No. 18-2004 Page 5 of 5