HomeMy WebLinkAboutPacket 09-07-2004 E q �
9 City of Cape Canaveral
Cmr or
CAPE CANAVERAL
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
September 7, 2004
7:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
BOARD INTERVIEWS: Shawn Schaffner, Planning & Zoning Board
Donald Dunn, Planning & Zoning Board
Alice Filteau, Planning & Zoning Board
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of August 17, 2004.
2. Resolution No. 2004-27; Reappointing Three Regular Members to the
Planning and Zoning Board (L. Nicholas, R. Russell, J Fredrickson).
CONSIDERATIONS:
3. Motion to Approve: St. Johns River Water Management District Cost Share
Agreement.
4. Motion to Approve: Manatee Sanctuary Park Facility Policy and Fees.
5. Motion to Approve: Design Engineering Proposal to Extend the Reuse
Water Distribution System.
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
City Council Regular Meeting Agenda
September 7, 2004
Page 2
ORDINANCES: Second Public Hearing:
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 26-5
Entitled "Early Voting Exemption", at second 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 second reading.
ORDINANCES: First Public Hearing:
8. Motion to Approve: Ordinance No. 15-2004; Amending Chapter 110, Zoning
Section 110-1, Definitions, Adding Definitions for Accessory and Yard
Accessories, and Amending Definition for Structure, at first reading.
RESOLUTIONS:
9. Motion to Adopt: Resolution No. 200424; Adopting Planning and Zoning
Board Rules and Procedures Supplemental to the Uniform Board Rules and
Procedures Pursuant to Section 2-171 of the City Code.
10. Motion to Adopt: Resolution No. 2004-28; Vacating a (12) Foot Wide
Easement Under the United Space Alliance Building Located at 8550
Astronaut Blvd.
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 ensixe 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 pard:1pate 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 09-07-04
AGENDA
�� Heading Board Interviews
Item
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: BOARD MEMBER INTERVIEWS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council interview prospective alternate board members for the Planning&Zoning Board.
Interviewees: Donald Dunn,Alice Filteau and Shawn Schaffner
Summary Explanation & Background:
There are two alternate positions available.
Please advise.
Exhibits Attached:
P&Z Board Memo dated 08-22-04
:CityMana s dice Department LEGISLATIVE
c \myo'eua(ents n\council\meeting\2004\09-07-04\interviews.doc
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CITY OF
CAFE CANAVERAL-_
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Date: August 27, 2004
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council Regarding Appointment of 1 st and 2nd
Alternate Board Members
------------------------------------------------------------------------------------------------------------
The Planning & Zoning Board interviewed applicants Shawn Schaffner, and
Donald Dunn to fill the 1 st and 2nd alternate Board member openings, at the
meeting held on August 25, 2004. Another applicant, Alice Filteau was not
available to attend the meeting due to personal reasons (a copy of her letter
explaining why she could not attend the meeting and outline of her credentials is
attached for your review).
Please refer to the attached draft minutes of the interviews. Due to the
immediate need to fill the vacancies, the Board unanimously recommended that
City Council appoint Shawn Schaffner as 1 st Alternate, and Donald Dunn as 2nd
Alternate.
Please schedule this proposed ordinance on an upcoming meeting agenda.
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248
wwwmyflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com
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MEETING MINUTES
AUGUST 25, 2004
A Regular Meeting of the Planning & Zoning Board was held on August 25, 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
Walter Schoenfeld 1st Alternate DRAFrMEMBERS ABSENT
Lamar Russell
OTHERS PRESENT
Susan Chapman Board Secretary
Todd Peetz City Planner
Anthony Garganese City Attorney
Bennett Boucher City Manager
Todd Morley Chief Building Official
John Cunningham Assistant Fire Chief
Robert Hoog Mayor Pro-Tem
All persons giving testimony were sworn in by City Attorney Garganese.
NEW BUSINESS:
1. Approval of Meeting Minutes: August 11, 2004
Motion by Mr. Nicholas, seconded by Mr. Schoenfeld to approve the meeting minutes of
August 11, 2004. Vote on the motion carried unanimously.
2. Interview with Prospective Board Members: Shawn Schaffner, Donald Dunn, and
Alice Filteau.
Chairperson McNeely advised that the Board needed to fill two alternate member
vacancies. She noted that Alice Filteau submitted a letter to the Board outlining her
qualifications and explaining why she would not be available to attend the meeting. Mr.
Nicholas informed the Board that there is an immediate need to fill the vacancies and
requested that the two applicants in attendance be interviewed. The other Board
members agreed.
Shawn Schaffner was interviewed by City Attorney Garganese. Mr. Schaffner advised
that he wanted to be involved in the growth of the City; he possessed no planning and
zoning experience; he is not related to anyone employed by the City; he has no conflicts
of interest; all the answers on the application are correct to the best of his knowledge; he
possess a bachelor's degree and is a computer sales person. Chairperson McNeely
reviewed the attendance of meetings requirements. Mr. Nicholas commented that he was
enthusiastic that Mr. Schaffner was interested in serving on the Board.
Planning & Zoning Board
Meeting Minutes
August 25, 2004 4
Page 2 ?Apr
Donald Dunn was interviewed by City Attorney Garganese. Mr. Dunn advised that he
currently is a Board member of the Construction Board of Adjustments and Appeals, but
would resign if he was appointed to this Board, his first choice. He verified that he
possess a background in electronic engineering; has no conflicts of interest; has no
relatives employed by the City; he is currently Secretary of the Ocean Woods Home
Owners Association; and advised that he can attend the Planning & Zoning Board
meetings on a regular basis. Mr. Nicholas commented that he has observed Mr. Dunn
attending the P & Z and City Council meetings.
Chairperson McNeely asked if the Board members wished to move forward with the
appointment recommendations or table recommendations until the next meeting.
Following brief discussion, the Board members agreed that because of the immediate
need to fill the vacancies they would move forward with the recommendation.
Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend City Council
appoint Shawn Scaffner as 1st Alternate, and Donald Dunn as 2nd Alternate. Vote on the
motion carried unanimously.
OLD BUSINESS:
1. Review and Motion Re: Oak Park Condominiums Site Plan, Township 24S
Range 37E, Section 14, Tracts A & B - Steven Morgan, Applicant.
Todd Peetz, City Planner verified that the developer provided a picture of the rear
elevation and updated the site plan to show the widths of the roadway and sidewalks. He
outlined the City's roadway improvement plan, depicting the access points of this
proposed project and existing surrounding access points. He pointed out the dimensions
of the distances between the aprons of this project, Villages of Seaport, and Shorewood
Drive. Mr. Peetz noted that there was a typo in the Building Department Quarterly
Report and clarified that Oak Lane had a special exception and not Oak Park. The typo
has been corrected. Mr. Peetz provided aerials showing the street and roadway points
from Central Boulevard to the Port, along N. Atlantic Avenue. He explained the contents
of the Public Works 1st Quarter Traffic Report and verified that according to the report,
N. Atlantic Avenue will not be at capacity even after this project is completed. Mr. Peetz
commented that all throughout the site plan review staff asked that they work with Towne
Realty and Villages of Seaport for access.
Bennett Boucher, City Manager testified that he spoke with Kohn Bennett, representative
for Towne Realty. Mr. Bennett advised that Towne Realty has not been contacted by any
Oak Park representative; two parties own Shorewood Drive, Towne Realty, and Coastal
Fuels. Towne Realty relayed concerns regarding property owners from this project
making u-turns on Shorewood Drive to go South on N. Atlantic. Mr. Boucher advised
that there would not be a traffic light installed at Shorewood Drive. Todd Morley, Chief
Building Official testified that he also spoke with Kohn Bennett, representative for
Towne Realty who informed him that he has not been contacted by any representative of
this project.
I am sorry that I am unable to attend this meeting of the Planning and Zoning
Board. Unfortunately, tonight is the Annual Back to School Open House at
Cocoa Beach High School, my opportunity to meet my daughter's teachers and
hear about their plans for the upcoming school year. I have always given my
children's education my highest priority, and I must do so tonight for her final year
in high school.
About a year ago I submitted an application to be on the Planning and Zoning
Board of the City of Cape Canaveral. At the time there were no vacancies, so I
accepted a position as alternate on the Code Enforcement Board. I am still
interested in joining the Planning and Zoning Board.
I have a Master's Degree in Urban and Regional Planning from Florida State
University. I worked as a planner in Pasco County and for the Division of State
Planning. In recent years, I have been a full-time mom, Girl Scout leader and
volunteer in various schools. Now I am ready to return to my chosen profession
as a volunteer.
We moved to Cape Canaveral nearly 5 years ago, and I really like it here. I want
to do my part in serving the City.
Now that Cape Canaveral has been discovered by the rest of the world, and with
most undeveloped land already built on, Cape Canaveral is beginning to face
issues associated with redevelopment of existing structures. In addition to
changing the character of the community, redevelopment may increase the
population density, affect storm evacuation time and shelter needs, increase
traffic and water usage, and reduce the availability of affordable housing, as well
as increase the tax base. Even in the short time I have been here, I have seen
these shifts begin to occur. The work of the Planning and Zoning Board is even
more critical in the years ahead as we face these kinds of changes together.
Achieving balance in preserving property rights while protecting the health, safety
and quality of life for City residents is the challenge ahead.
Although I can't be with you tonight, I would like to offer my services to help the
City in any way I can. I'd welcome an opportunity to give my time and expertise
to the Planning and Zoning Board.
Sincerely,
(IL u.-
Alice Filteau
JUL 9 9 2004
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171,Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name:
2. Home Address: 50(a Ty�a.� A•�e✓
3. Home Telephone: 32-1 - 8(e8-308'8
4. Occupation: So-\es
5. Business Telephone: 3z%
6. Business Address: 5O(o Ty(t„< Ave,
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) ✓ (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? m ✓ (N)
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a ✓
conviction for purposes of this question. m (N)
3b. If yes to 3a, have your civil rights been restored? m (N)
4a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N) ✓
4b. If yes to 4a, please list each:
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being 5ms
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) V (N)
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage? (lr) (N)
6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1_ Briefly state your interest in serving on a City advisory board or committee:
PJL.DGf1G.t�wawa 0.50. w\QJ�IR.eI ax 0. �0001'd ���wwwi�'R`�. nor � Cot/tiG.�,
2. Briefly state any prior experiences in serving on any governmental board or committee:
3. Please list any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) that you feel help to qualify you for membership on the desired board or
committee:
0. (005y'vpe �tiSobi h t Cew��+.ny�ura �Z'1tt]ZCocJ� uSt w►��ra n.aw���_
'�"��.Cl SL.�IS 0.S ct,. bourn I COYNMI 1Pes. Mv�tw�bar'.
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4. In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
a. Beautification Board
b. Board of Adjustment*
C. # Business and Cultural Development Board
d. + Code Enforcement Board*
e. �_ Community Appearance Board*
f. Construction Board of Adjustment and Appeals*
g. Library Board
h. Planning and Zoning Board*
i. Recreation Board
j. Other:
*Members of these boards are required to complete and rile with the Supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year
following the initial appointment while still a member of said board.
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary
of State disclosing race, gender and physical disabilities of board and committee members.
Please check the appropriate boxes:
RACE GENDER
African-American ✓ Male
Asian-American Female
Hispanic-American Not Known
Native American
V Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO
THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA
"SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO
YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from the date of completion.
• If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at (321) 868-1221.
Signature:
ILUM. 116-
Date: 2ifA C4�-
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
For Office Use Only:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
MAR w4
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMMEE
Pursuant to Section 2-171,Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored_
Please complete the following in the space provided:
A. GENERAL
��
�� i:, . .'� l.- � (� �.' if ;�,•'' '�,',
1. Applicant Name: A -
2. Home Address:
3. Home Telephone: -3 Z l 17 T
4. Occupation: 1Z D t idf-t/'C r': U 4"i ry cv,�
6. Business Telephone:
6. Business Address:
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
1. Are you duty registered to vote in Brevard County?
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) t/(N)
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere(no contest)shall be considered a
conviction for purposes of this question. m (N)-! '
3b, if yes to 3a, have your civil rights been restored? (Y) (N)
4a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)
4b. If yes to 4a,please list each:
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) t ' (N)
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage? (Y)_
(N)
6b. If yes to 6a, please provide name(s) of person(s)and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
I u1t5 N �'�Lye 0i�fz i iu v'oLv i'� i�� 'i�iE L i Ty' a'rtc���
2. Briefly state any prior experiences in serving on any governmental board or committee:
3. Please list any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) that you feel help to qualify you for membership on the desired board or
committee: .:i ii �<4Tu:tiGtiv1rii/v , c , t—C,A,c c V �i1gr� � ��% 1`
3 tZt rtk2=-D r lit',e i F,� FL:�GtlL
I JJvSC. 11i, —, C I I-t j2 w' 1:- F'�'� L: C�+ea
4. In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
a. Beautification Board
b. Board of Adjustment*
C. Business and Cultural Development Board
d. Code Enforcement Board*
e. Community Appearance Board"
f Construction Board of Adjustment and Appeals*
g. Library Board
h. Planning and Zoning Board*
i. Recreation Board
j. Other.
*Members of these boards are required to complete and file with the Supervisor of Elections a
Financial Disdosure Form upon appointment to said board and prior to July 1 of each year
following the initial appointment while stiff a member of said board.
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary
of State disclosing race, gender and physical disabilities of board and committee members.
Please check the appropriate boxes:
RACE GENDER
African-American Male
Asian-American Female
Hispanic-American Not Known
Native American
l/ Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO
THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA
"SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO
YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from the date of completion.
• If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at(321) 868-1221.
Signature:
Date: J c
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
For Office Use Only:
Date Appointed: 04/06/04
Appointed by: City Council
Board Appointed to: Construction Board of Adj. and Appeals
Term Expires: 12/05/07
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: l ► C 'C-' `` `�- Lb `�
2. Home Address:
3. Home Telephone:
4. Occupation: �-"a- C
5. Business Telephone:
6. Business Address:
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? (Y) (N)
2. Have you been a resJdent of the City of Cape
Canaveral for 12 months or longer? (Y)�N)
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question. (Y) (N) .
3b. If yes to 3a, have your civil rights been restored? (Y) (N)
4a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (Y) (N)
4b. If yes to 4a, please list each:
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being .
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (� N)
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage? (Y) (N)—Ie�
6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
i ��� �.- ter- 3 i CI ..�-- �
C3
2. Briefly state any prior experiences in serving on any governmental board or committee:
-SC'i--i.-c' s k c
3. Please list any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) that you feel help to qualify you for membership on the desired board or
committee:
v c-<
4. In numerical sequenc (1 = most interested, plese rank which advisory board or
committee on which you wish to serve:
a. Beau$fication Board
b. Board of Adjustment*
C. Business and Cultural Development Board
d. Code Enforcement Board*
e. Community Appearance Board*
f. Construction Board of Adjustment and Appeals*
g. Library Board
h. ` Planning and Zoning Board*
i. 7 Recreation Board
j. Other:
*Members of these boards are required to complete and file with the Supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July 1 of each year
following the initial appointment while still a member of said board.
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary
of State disclosing race, gender and physical disabilities of board and committee members.
Please check the appropriate boxes:
RACE GENDER
African-American Male
Asian-American Female
Hispanic-American Not Known
Native American
Caucasian DISABILITY
Not Known Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO
THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA
"SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO
YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from the date of completion.
• If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at (321) 868-1221.
Signature:
F
Date: [ ! t
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
For Office Use Only:
Date Appointed: l lc j
Appointed by:
Board Appointed to: kIJ--IXCf ME t t
Term Expires:
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 17, 2004
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
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
Public Works Director Ed Gardulski
PRESENTATIONS:
Marguerita Engel, Intergovernmental Coordinator, St. Johns River Water
Management District Presentation of a $75,000 Cost Sharing Grant Check
Mayor Randels stated that the City submits grant applications to State funding sources.
This grant is to extend the City's reclaimed water system. Ms. Marguerita Engel stated
that the alternative water supply cost-share system grant is for the reuse line expansion
project. In closing, she called the Council's attention to the Cost Assistance Resource
Guide that referenced other water resource services and she also provided the agency
web site address. Mayor Randels expressed the desire to be the first City to cease
discharge of stormwater into the Banana River.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of August 3, 2004.
2. Resolution No. 2004-26; Appointing an Alternate Member as a Regular
Member of the Planning and Zoning Board (W. Schoenfeld).
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 2 of 9
Mayor Randels asked if any Council Member, staff or interested party desired to remove
an item from the Consent Agenda for discussion.
No request was made to remove any items for discussion.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan 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 June 30, 2004.
Mayor Randels explained for the audience that periodic amendments are made to the
Budget to accommodate large purchases. Ms. Bowers stated that the overall budget
period ended on a positive note. Mayor Randels noted the $227,000 increase due to
impact fees that has been set aside for future expansion. He commended the City
Manager on his fiscal responsibility.
A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the
Quarterly Budget Report and Transfers for the Period Ending June 30, 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. 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 AIIA 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 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
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 3 of 9
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 stated that this is the second reading of the Annexation Ordinance that
was tabled for further review at its previous reading. The proposed ordinance establishes
the referendum question language. He stated that if the Annexation ordinance were
approved at this meeting, three Town Meetings would be held on September 2,
September 28th and October 7th to provide additional information to the voters. The
recommended effective date is October 1, 2005 in order to accommodate the services
transition period. Mayor Randels reviewed that the item was first heard on June 15th as a
Discussion Item. The First Public Hearing was on July 6th; however, there were concerns
voiced by the residents of both sides of the issue for the language to more clearly describe
the area for Annexation. The ordinance was heard again on July 20th as a First Reading
with the amended language included. A Second Public Hearing on the ordinance was
heard on August 3rd and there were concerns raised on the percentage of properties in
trust and/or life estates. Council tabled the item until time certain of August 17 . The City
Attorney rendered an opinion on the trusts issue based on the City Planners research.
Mr. Todd Peetz, City Planner stated that the requirement was 30 percent of the land area
must have registered voters. He said that Attorney Torpey presented new information that
a trust or life estate could not be counted in the 30 percent of the registered voters. He met
with representatives of Attorney Torpey's office on August 11th and research concluded
that 79.16 were the total acres disputed in the Annex area. He stated that 33.25 percent
was the cumulative total. Mayor Randels clarified the two factors as 1) 30 percent of the
landowners must be registered voters and 2) a landowner with property in trust does not
signify a registered voter. Mr. Treverton inquired about the opposing parties reference to
an additional 4 acres. Mr. Peetz explained that he used Brevard County Geographic
Information Systems data, or mapping data; however, Attorney Torpey's office used the
acreage numbers from the Property Appraiser's web site. Mr. Peetz explained to the
Mayor that if 2.78 acres were in trust, that is more than enough to exceed 30 percent using
his acreage count.
Attorney Jeff Buak stated that his firm met with the representatives of Smooth Sailing. He
stated that Florida trusts create a legal ownership to protect assets. He stated that Smooth
Sailing's concern is if property in trust has the legal right to vote during annexation. He
stated that two cases were found that while in trust, these property owners do not lose the
benefit of controlling their property. He said that the trustees do have the right to vote as
trustees of the property. Attorney Buak clarified that the Council could move forward with
less than 30 percent prior to the election and he established Council's action as valid to
proceed.
Attorney Torpey restated his initial proposal of using the method of obtaining 51 percent of
the property owners' consent and then to proceed to a referendum. He replied to Mr.
Morgan that majority is 50 percent plus one. He explained that a small percentage of
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 4 of 9
voters would decide the fate of the property owners. He distributed data and stated that
there are varying ways to calculate the sum total of acreage. Attorney Torpey questioned
Mr. Peetz for the record as to why his list is not comparative to the data his office used
from the County Property Appraiser's web site. Attorney Torpey stated for the record that
the City's total is 26 percent of registered electors. He noted that if all properties north of
Grant Avenue were added then an additional four acres should be included to the total
acreage and if the City is not adding that property, an illegal enclave will be created.
Attorney Torpey stated that to this date he has not received an answer from the City on the
question of the four acres.
He read from an E-mail sent to Mr. Wiederman from the City Planner that approximated
79.16 acres. He emphasized that the City Planner's use of approximations is unwarranted
when State Statutes is specific about the amount of allowable acreage. He questioned the
29.74 percent that the City Planner calculated stating that this figure is still less than the 30
percent required. There is 2.78 acres in trust and the question is if they are voters and also
owners. Attorney Torpey read from Page 2, Paragraph 3 of the August 17"' letter that he
distributed that read, " If however 71 percent or more of the land to be annexed is owned
by individuals, corporations, or entities which are not registered electors, such area cannot
be annexed unless 50 percent of the landowners consent to the annexation."
Attorney Torpey distributed his response from Mr. John Wayne Smith of the Florida
League of Cities. Mr. Mark Eli, City Planner for City of Seminole, drafted a letter stating
that over the last four years the City has held 17 annexation referendums, within the last 9
referendums and as part of the structuring of an annexation referendum, 30 percent of the
area must be owned by registered electors. Their City found trusts ineligible for inclusion
into the registered elector count in that trustees manage the property but are not registered
electors. Attorney Torpey restated his disagreement with the City Planner's methodology
and requested that the Council not approve the ordinance. He stated that he did not
believe that the City met the requirement for the type of annexation sought. Mr. Peetz
expressed his confidence with the data he presented. Attorney Buak expressed that City
staff had its percentage requirement. Mr. Peetz replied to Mayor Pro Tem Hoog that his
data was more accurate than the data taken from the web site. Mr. Peetz stated that he
counted 33.25 percent with the trust properties and 29.74 percent without the trust
properties with a little less than one-quarter acre needed on the acreage count.
Attorney Buak noted that the registered electors count was done in April and updated data
would be confirmed during the town hall meeting process. Attorney Buak stated to Mayor
Pro Tem Hoog that in order to approve the ordinance at this meeting, 50 percent consent
of the registered voters is not needed. Attorney Buak stated that the issue at this time is
that 33 percent has been established. Attorney Buak replied to Mayor Pro Tem Hoog that
33 percent stated in his opinion included the trusts. Mayor Randels concluded that 1) 2.78
acres were added to the 29.74 to conclude a 33 percent amount and 2)the City is working
from a voter registration list that was last updated in April 2004. Mayor Randels read a
reply from the Attorney of Seminole County in that he had not had time to research the
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 5 of 9
data provided to Attorney Torpey. Mr. Treverton stated that the powers of a trustee are
convincing evidence that these trustees should be counted.
Mr. John Emmick of 124 Jefferson Avenue suggested that 1)the registered electors data
should be conclusive up to the date of the Voter Registration Book closing, and 2)
verification that a person lives at the property is needed for a homestead exemption if that
property is held in trust. Mr. Emmick said that non-residents who have temporary domicile
in Florida and have a trust are not allowed to vote. Mayor Randels affirmed for Ms. Lois
Palmer of Long Point Road that Cape Canaveral's registered voters would be allowed to
vote. Mr. Clyde Eichelberg of Adams Avenue asked why the City is pursuing the matter
prior to demonstrating the benefits of annexation to the residents of both communities. Mr.
Boucher replied that town meetings are forthcoming with data that shows not only a
decreased tax rate to the Avon-by-the-Sea residents but also where tax dollars are spent.
Attorney Torpey stated that he made a public records request from the City regarding any
surveys done to pursue annexation and none were found. Attorney Torpey suggested a
letter to solicit property owner interest in annexation. Mayor Randels replied to Attorney
Torpey and Attorney Buak agreed that the City followed the requirements of the law in
using the 30 percent methodology. Mayor Pro Tem Hoog replied to Attorney Torpey that
the County is in favor of annexation in order to decrease enclaves and this would give the
voters an opportunity to decide on the issue. Mr. Jack Allen questioned the possibility of a
judge quashing the referendum from the ballot two weeks prior to election if the
methodology is not followed. Mayor Randels replied that an answer to his question would
be speculative in that the data submitted is not conclusive until near the time of the
referendum. Mr. Peetz replied to Mr. Treverton that his firm used a six-digit number to
calculate percentages whereas Attorney Torpey's staff used a two-digit number.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to
Adopt Ordinance No. 14-2004; Annexation of the Avon-By-The-Sea Area, at second
reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem
Hoog, For; Mr. Miller, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton,
For.
ORDINANCES: First Public Hearing:
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.
Mayor Randels read Ordinance No. 16-2004 by title.
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
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 6 of 9
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY;AND AN EFFECTIVE DATE.
Attorney Buak replied to Mayor Randels that Brazilian Peppers were added to the
prohibited plant list for consistence with the State guideline. He also noted on Page 7 of 9
that the Australian pine was listed as a terrestrial weed. Attorney Buak explained that the
City could adopt its own regulatory list if it is consistent with the list found in State statutes
Chapter 581. Mr. Leo Nicholas informed that one type of Austrian pine propagates by the
root and that other by seeds. He requested to have the list referred back to the
Beautification Board for review. Council agreed to forward Ordinance No. 16-2004
back to the Beautification Board for further review.
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 26-5 Entitled "Early Voting
Exemption", at first reading.
Mayor Randels read Ordinance No. 17-2004 by title.
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 PROVISION OF SECTION 101.657, FLORIDA
STATUTES, REGARDING EARLY VOTING BY CREATING A NEW SECTION 26-5
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.
Attorney Buak explained that the Legislature has created a provision that would place an
inordinate burden on municipalities to provide early voting privileges. Cities could opt out
however and allow for voting at the five locations designated by the Supervisor of
Elections.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 17-2004 at first reading. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For;
Mayor Randels, For and Mr. Treverton, For.
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.
Mayor Randels read Ordinance No. 18-2004 by title.
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
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 7 of 9
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,AND EFFECTIVE DATE.
Mayor Randels noted that this ordinance was one of the recommended procedures during
the annual Comprehensive Annual Financial Report. Ms. Bowers explained that in order to
make the GASB 34 standards transition more smoothly this ordinance would allow the
departments to maintain their assets for all property of$1,000 or less. Attorney Buak
stated that the Finance Department would obtain an annual list of any property for items
valued at over$1,000. Ms. Bowers replied to Mr. Treverton that this ordinance outlines a
procedure to maintain and record the City's inventory. Mr. Gardulski stated that each
supervisor retains an equipment inventory.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve Ordinance No. 18-2004 at first reading. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For;
Mayor Randels, For and Mr. Treverton, For.
REPORTS:
1. City Manager
• Mr. Boucher thanked City staff for their exemplary performance during the hurricane
on Friday, August 13th. All departments displayed their best efforts toward securing the
City's welfare. Mr. Boucher remarked that the Brevard County Emergency Operations
Center however did not provide timely data as done in previous instances.
• Mr. Boucher stated that Council received drafts of the City newsletter and reported that
Ms. McIntire would prepare the newsletter for distribution by Monday, August 23`a
• Mr. Boucher reported that he, Mayor Pro Tem Hoog and Mayor Randels would attend the
Florida League of Cities Annual Conference from Wednesday through Saturday. He
mentioned that Financing Options is one of the League workshops.
• Mr. Boucher informed that he received the appraisal reports and a Level I
environmental report on the proposed public facility and suggested a workshop meeting
for discussion on the property at 7077 North Atlantic Avenue. Attorney Buak stated that
discussion on pricing is subject to Sunshine Law. Council decided to meet on Tuesday,
August 24th at 5: 00 P.M.
2. Staff
Sheriffs Office
• Lt. Barker related the decrease in the number of incident calls in the 400 Block of Tyler
Avenue. Mr. Shawn Schaffner thanked the Council and law enforcement for addressing
the situation.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 8 of 9
Public Works Director
• Mr. Gardulski informed that reuse water would not be available during one phase of
reuse line construction. He replied to Mr. Hoog that the project should be completed on
time. Mr. Morgan commented on dead sod within the City right-of-way on Lincoln Avenue
that needs to be addressed.
Building Official
• Mr. Morley reported on the school impact fees for facilities that would impact
development costs. He stated that developers are still required to pay their fees at the time
of Certificate of Occupancy. A developer would need to either: a)submit a permit or b)
submit a copy of a lawfully executed contract prior to August 24th for exemption.
City Treasurer
• No report.
City Clerk
• Ms. Stills informed that City Council candidate qualifying begins on Friday, August 20d'
at Noon and ends on September 3rd at Noon.
City Attorney
• No report.
AUDIENCE TO BE HEARD:
• Mr. Nicholas informed that someone has attempted to poison the peacock population
and requested that that the City contact parties interested in adopting some of the peafowl.
3. City Council
Mr. Miller
• Mr. Miller inquired about the model Space Shuttle. Mr. Boucher replied that the project is
on hold at this time due to other priorities.
Mr. Morgan
• Mr. Morgan expressed the desire to continue to use the funding from St. Johns Water
Management District to retrofit additional areas in order to alleviate flood problems.
Mr. Boucher replied that most of the funding is being allocated to the baffle boxes at this
time. Mayor Pro Tem Hoog provided comments on using a cistern.
Mr.Treverton
No report.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog anticipated bringing information back from the Annual Florida
League of Cities Conference.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 17, 2004
Page 9 of 9
Mayor Randels
• Mayor Randels informed that he has been working with several properties on a traffic
light on North Atlantic Avenue across from the AJT office building and Purcell's carpets.
Mr. Boucher replied that Mr. Dobson might want to present concept plans to the Planning
and Zoning Board
• Mayor Randels informed that the City would hear from Leadership Brevard on a
community concept plan that relates to"smart growth." Mr. Boucher replied that the funding
is in the Legislative Budget.
• Mayor Randels related that the Department of State has asked the City to critique their
Welcome Packet due to the City's success with information for the Portuguese visit.
• Mayor Randels announced that he and the City Manager had a successful telephone
conference call with an aircraft engine manufacturer from Portugal to relocate its firm to
the Brevard County area. Mr. Boucher informed that the Economic Development
Commission would follow through and provide the company further information regarding
the Brevard County area.
• Mayor Randels suggested adoption of a more defined noise ordinance that would rate
noise decibels. Mr. Boucher replied that the Code Enforcement Officer uses a reasonable
test. Mr. Donald Dunn related that he found the noise constant. Mr. Harold Fletcher of
Canaveral Sands related how the circulation pumps that operate continuously are the main
problem. Mr. Boucher recommended submitting the issue to the Code Enforcement Board.
ADJOURNMENT:
There being no further business the meeting adjourned at 9:55 P.M.
Rocky Randels, MAYOR
Susan Stills, CMC, CITY CLERK
Meeting Type: Regular
Meeting Date 09-07-04
AGENDA
Heading Consent
Item 2
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2004-27, REAPPOINTING (3) REGULAR MEMBERS
TO THE PLANNING&ZONING BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the reappointment of Leo Nicholas, Lamar Russell and Dr. John Fredrickson as regular
members to the Planning&Zoning Board.
Summary Explanation& Background:
See attached.
Please advise.
Exhibits Attached:
Resolution No. 2004-27
City Man_ag�s ffice Department LEGISLATIVE
cape m ocumen n\council\meeting\2004\09-07-04\2004-27.doc
RESOLUTION NO. 2004-27
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; REAPPOINTING THREE REGULAR
MEMBERS 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
City Code Chapter 58-26 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 re-appoint regular members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Leo Nicholas is hereby re-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, 2007.
SECTION 2. R. Lamar Russell is hereby re-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, 2007.
SECTION 3. Dr. John Fredrickson is hereby re-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 4. This Resolution shall take effect immediately upon its adoption.
City of Cape Canaveral
Resolution No. 2004-27
Page 2 of 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 7th
day of September 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
A E A��s
9 City of Cape Canaveral
r , `
�l
CIT/OF
CAPE CANAVERAL
August 9. 2004
Leo Nicholas
P.O. Box 582
Cape Canaveral, FL 32920
Dear Mr. Nicholas:
Your term on the Planning and Zoning Board expires on September 15, 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 immediately to the City Clerk. The
resolution to re-appoint Board members is scheduled to appear on the City Council
Agenda of Tuesday, September 7, 2004.
Thank you.
I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
Planning and Zoning Board, Vice Chairperson
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
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
�9 City of Cape Canaveral
r
CIT/OF
CAPE CANAVERAL
August 9, 2004
R. Lamar Russell
376 Harbor Drive
Cape Canaveral, FL 32920
Dear Mr. Russell:
Your term on the Planning and Zoning Board expires on September 15, 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 immediately to the City Clerk. The
resolution to re-appoint Board members is scheduled to appear on the City Council
Agenda of Tuesday, September 7, 2004.
Thank you.
�(I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
AaMv_ (Signature)
Planning and Zoning Board, 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
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
E A��s
�9 City of Cape Canaveral
CITY OF
CAPE CANAVEEAL
August 9, 2004
Dr. John Fredrickson
8716 Croton Court
Cape Canaveral, FL 32920
Dear Dr. Fredrickson:
Your term on the Planning and Zoning Board expires on September 15, 2004.
Please check the box that indicates your desire to continue to serve on the Board for
another two-year term and return this notice immediately to the City Clerk. The
resolution to re-appoint Board members is scheduled to appear on the City Council
Agenda of Tuesday, September 7, 2004.
Thank you.
V I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
Planning;an Zoning oard, 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
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at I.aw
Usher L.Brown• Offices in Orlando,Kissimmee, Debre S.Bab�Nuteher
Jeffrey P.Buak° Cocoa&Vie=
Suzanne D'Agresta° Joseph E.Blitui
Anthony A.Garganese° John U.Biedenham,Jr.
John H.Ward' Lisa M.Fletcher
Jeffrey S.Weiss Amy J.Goddard
Katherine Latorre
Melanie A.Mucario
Michelle A.Reddin
'Board Certified Civil Trial Lawyer
°Board Certified City,County i?,Local Gavemment Law Erin J.O'Leary
J. W.Taylor
Of Counsel
August 26, 2004
Via Facsimile Only
Susan Stills, City Clerk
City of Cape Canaveral
105 Polk Avenue
Post Office Box 326
Cape Canaveral, FL 32920
Re: Legal Opinion - Florida's Resign-to-Run Law
City of Cape Canaveral - General #513-001
Dear Susan:
Please allow this correspondence to serve as a followup and response to your
inquiry regarding Florida's Resign-to-Run Law.
Florida's Resign-to-Run Law, Section 99.012, Florida Statutes (2003), requires
any elective or appointed officer who desires to seek election to another public office,
for a term of which runs concurrently with or overlaps the term of the office he currently
holds, to resign from the office he presently holds before he can qualify as a candidate
for the other office. However,this provision does not apply to any person serving
without salary as a member of an appointed board or authority. Section 99.012(7).
(See Florida Attorney General Opinion 83-91, citing an earlier opinion finding that a
commissioner of a housing authority, being appointed to office and serving without
salary, was within the exception to the Resign-to-Run Law created by Section 99.012,
Florida Statutes, and was not required to resign in order to qualify as a candidate for the
office of city councilman.)
Section 2-171(h), Cape Canaveral Code states that board members shall not
receive compensation except perdiem subsistence and travel allowances for official travel.
This reimbursement does not constitute salary. Therefore, at this time, appointed City
225 East Robinson StnaeL Suite 660•P.4.Box 2873•Orlando.Florida 32802-2873
Orlando(407)425-9566 Fax(407)42x9596-Kissimmee(321)402-0144-Cocoa&Viiera(866)425-95W
Website:www.orlanddaw.net•Email:firm@cdandolaw.net
Susan Stills, City Clerk
August 26, 2004
Page 2
board members do'not need to resign to run for City Council since they are not paid a
salary by the City to serve on a board.
Should you have any questions regarding the foregoing, please do not hesitate to
contact me.
Ve ruly yours,
Anthony A. Garganese
City Attorney
AAGAmg
Meeting Type: Regular
Meeting Date 09-07-044
AGENDA
�� HeadingGAMConsiderations
Item 3
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT COST
SHARE AGREEMENT
DEPT./DIVISION: PUBLIC WORKS/WASTEWATER TREATMENT
Requested Action:
City Council consider approval of receiving $75,000 through a St. John's River Water Management District Cost
Share Agreement for reuse water line expansion.
Summary Explanation& Background:
The City applied for this grant last year. Funding became available and these funds will be used to offset the reuse
line construction that is in progress.
I recommend approval.
Exhibits Attached:
Cost Share Agreement
City Ma s, ffice Department PUBLIC WORKSIWASTEWATER
TREATMENT
c t�kim\my octzm a \council\meeting\2004\09-07-04\sjrwmd.doc
Contract#SH350AA
COST SHARE AGREEMENT
BETWEEN THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND
CITY OF CAPE CAVAVERAL
PURSUANT TO DISTRICT'S
ALTERNATIVE WATER SUPPLY CONSTRUCTION
COST SHARING PROGRAM
Contract#SH350AA
RECIPIENT: City of Cape Canaveral
P. O. Box 326
Cape Canaveral,Florida 32920-0326
RECIPIENT ADMINISTRATOR: Bennett Boucher
DISTRICT CONTRIBUTION: $ 75,000
RECIPIENT CONTRIBUTION: $295,920
AGREEMENT PERIOD: Within 18 months from Execution
Purpose of Agreement: This cost share agreement is authorized by the St. Johns River Water Management
District ("District") from funding designated for identification and use of alternative water supplies,
including reclaimed water.
Execution of Agreement: This cost share agreement shall be authorized, signed and returned to District
within forty-five(45)days of receipt by Recipient. Failure to do so shall result in a retraction of the offer by
District.
1. Scope of Project: Recipient shall commence work within fifteen (15) days after receipt of the fully
executed Agreement from District, to begin, prosecute the work diligently, and complete the entire
work in accordance with Exhibit "A" (attached), "Statement of Work," and Exhibit `B" (attached)
"Alternative Water Supply Construction Cost Sharing Application," and shall be completed within
the time frames specified above unless extended in writing by District.
2. Permits: Any work completed without proper permits shall not be considered in compliance with
this Agreement, and shall not constitute as work performed under this Agreement. Recipient
acknowledges understanding that any work not properly permitted prior to implementation shall not
be approved for invoicing to the District,and that Recipient may be fined per appropriate regulatory
channels and/or may be required to remove said unauthorized construction.
Page 1 of 6
Contract#SH350AA
3. Legislative Requirements: The Florida Legislature requires recipients of funds granted through this
program to meet several specific conditions. The Recipient must provide District with written
assurance of its continued qualification under these requirements with submittal of invoice or forfeit
funding. Details concerning these requirements appear in Subsections 373.1961(2)(b)and(c),F.S.
4. Status Report: Recipient shall submit a brief final project report summarizing the project to
District's Project Manager, who is the Administrator, or his designee, describing the activities of
the project.
5. Records: Recipient shall maintain its books and records in such a manner that the receipts and
expenditures of the cost share funds shall be shown separately from other expenditures in an easily
checked form. Recipient shall keep the records of receipts and expenditures of cost share funds,
copies of all reports submitted to District and copies of all support documentation for at least three
(3) years after expiration of the Agreement period. In accordance with generally accepted
governmental auditing standards, District shall have access to and the right to examine any directly
pertinent books,documents,papers,and records involving transactions related to this Agreement.
6. Liability and Insurance: Each party to the agreement is responsible for all personal injury and
property damage attributable to the negligent acts or omissions of that party and the officers,
employees and agents thereof. The parties further agree that nothing contained herein shall be
construed or interpreted as denying to any party any remedy or defense available to such parties
under the laws of the State of Florida,nor as a waiver of sovereign immunity of the State of Florida
beyond the waiver provided for in Section 768.28,Fla. Stat. Each party shall acquire and maintain
throughout the term of this agreement such liability and automobile insurance as required by their
current rules and regulations.
7. Pg3ment of Funds: Approved funds shall be paid to Recipient by District in one (1) payment
following completion of project. An invoice must be received within sixty (60) days of project
completion. Payment shall be made following submission and approval of the invoice, including
proper documentation (including copies of required permit(s)), from Recipient and verification of
satisfactory completion of project by District's Project Manager, Elizabeth Thomas. Invoice shall
include receipts from contractors and/or suppliers for the specified construction expenditures, and
verification of project complying with local and state building requirements, including verification
of permits needed. Once all required documentation is received, and determined to be complete and
correct, by District Project Manager and the Division of Financial Management, the District shall
remit 50% reimbursement of identifiable costs, but in no event in excess of$75,000 to Recipient
within thirty(30)days. Invoice shall reference the Contract Number provided on the first page of
this Agreement and shall be submitted to the Director, Division of Financial Management, 4049
Reid Street, Palatka, Florida 32177. Payments due and unpaid under this Agreement shall bear
interest in accordance with Section 218.74, Fla. Stat. The provisions in this Paragraph relating to
payment of funds shall supercede any other contract provision or attachments contained in this
contract.
8. Repayment of Funds: Funds shall be subject to repayment by the Recipient after expiration of the
Agreement term if, upon a post-project audit examination, District finds Recipient has spent funds
for purposes other than those specified in Exhibit"A."
9. Termination of Agreement: This Agreement maybe fully or partially terminated upon ten(10)days
written notice to Recipient.
Page 2 of 6
Contract#SH350AA
10. Non-lobbying: Pursuant to Section 216.347, Fla. Stat. (as amended), Recipient agrees that funds
received from District under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
11. Governing Law: This Agreement shall be construed according to the laws of the State of Florida.
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
contract to be executed this day of , 2004, in its name by its Executive
Director, and City of Cape Canaveral has caused this contract to be executed in its name by its duly
authorized representatives, and, if appropriate, has caused its seal to be attached, all on the day and year
first above written.
ST.JOHNS RIVER WATER CITY OF CAPE CANAVERAL
MANAGEMENT DISTRICT
By: By:
Kirby B. Green III,Executive Director
Typed Name and Title
Attest:
Typed Name and Title
APPROVED
BY THE OFFICE OF GENERAL COUNSEL
Stanley J.Niego, Sr.Assistant General Counsel
St. Johns River Water Management District
Page 3 of 6
Contract#SH350AA
EXHIBIT A
STATEMENT OF WORK
CITY OF CAPE CANAVERAL REUSE LINES EXPANSION PROJECT
Introduction/Background
In response to the requirements of Subsection 373.1961(2), Florida Statutes (F.S.), the St. Johns River
Water Management District(District) maintains the Alternative Water Supply Construction Cost Sharing
Program (AWSCCS) to fund the construction of alternative water supply facilities. Alternative water
supplies are defined by statute as "water that has been reclaimed after one or more public supply,
municipal, industrial, commercial, or agricultural uses or are supplies of stormwater, or brackish or salt
water, that have been treated in accordance with applicable rules and standards sufficient to supply the
intended use." In accordance with Subsection 373.1961(2), F.S., cost sharing funds are available to all
water suppliers and users, including local governments; water, wastewater and reuse utilities; industrial
and agricultural water users; and other public and private water users. The statute also requires the water
management districts to appoint an Advisory Committee to make recommendations to the Governing
Board about which applications to grant. Representation by city, county, and privately owned water
supply utilities is required on this committee, and representation of agricultural and environmental
interests is expressly allowed.
An Advisory Committee, appointed by the District's Governing Board, annually ranks applications for
funds administered through the Alternative Water Supply Construction Cost Sharing Program. The
Advisory Committee's recommendations for funding for Fiscal Year 2003-2004 were presented to the
Governing Board on January 13, 2004. The Governing Board approved for the City of Cape Canaveral
(Recipient) to receive funds in a maximum not-to-exceed amount of $75,000 or up to 50% of the
project's costs,whichever is less, for the City of Cape Canaveral Reuse Lines Expansion project.
Objectives
The objective of the Alternative Water Supply Construction Cost Sharing Program is to encourage and
facilitate the development of alternative water supplies.
The objective of this project is to use reclaimed water for residential irrigation and replace existing
potable water usage.
Page 4 of 6
Contract#SH350AA
Scope of Work
Installation of pumps, piping, and associated systems to use reclaimed water for residential irrigation to
replace 116,000 gallons per day of Floridan Aquifer water. The project will also reduce surface water
discharges into the Banana River segment of the Indian River Lagoon and help reduce saltwater intrusion
in the surficial aquifer.
Task Identification
Cost share recipient shall construct or have constructed the facility described in the attached Exhibit B.
Timeframes and Deliverables
Project deliverable shall be the completion of construction of the facility described in the attached Exhibit
B. Construction involves the installation of approximately 5,364 linear feet of 4-inch reuse mains.
Completion date shall be eighteen months from execution of the contract.
Budtet/Cost Schedule
District shall reimburse cost share recipient for 50% of the project's cost,up to a maximum not-to-exceed
amount of $75,000. Payment shall be due upon satisfactory completion of project, as certified by
District, and the submission of an invoice and proof of payment made by Recipient of project costs. The
project shall be considered satisfactorily completed, by the District's project manager, when a sufficient
number of project components as detailed in Exhibit B have been constructed and the project is capable
of providing alternative water supplies as generally described in the Alternative Water Supply
Construction Cost-Share Program application submitted to the District, Exhibit B. If the project has been
modified, the District's project manager shall allow the modification if the project still provides an equal
or greater amount of alternative water supply.
Page 5 of 6
Contract#SH350AA
EXHIBIT B
ALTERNATIVE WATER SUPPLY CONSTRUCTION COST
SHARING APPLICATION
CAPE CAVANERAL REUSE LINES EXPANSION
Please note that original application is on file at SJRWMD.
Page 6 of 6
Meeting Type: Regular I .
Meeting Date 09-07-04
AGENDA
Heading Considerations
Item 4
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION;MANATEE SANCTUARY PARK FACILITY POLICY AND FEES
DEPT./DIVISION: PARKS&RECREATION
Requested Action:
City Council consider adoption of the Manatee Sanctuary Park policy and facility fees as recommended by the parks
and recreation director.
Summary Explanation& Background:
See attached memo.
I support the recommendation.
Exhibits Attached:
Parks and Recreation Director's memo dated 08-16-04
City Ma rOffice Department PARKS &RECREATION
ca im\my ocument \council\mee 004\09-07-04\manatee.doc
CITY OF CAPE CANAVERAL
Parks & Recreation Department
7300 North Atlantic Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
(321) 868-1227
email: parknrec@earthlink.net
MEMO
TO: Mayor, Councilmembers
FROM: Nancy Hanson, Director, Parks & Recreation Director
DATE: August 16, 2004
RE: Recommendation for reservation fee for the use of the facilities at Manatee
Sanctuary Park
Attached is my recommendation for reserving the pavilion and/or kitchen at Manatee
Sanctuary Park.
GROUPS OR INDIVIDUALS USING THE PAVILION WITHOUT THE SECURITY OF
HAVING A RESERVATION MAY DO SO WITHOUT A CHARGE. Reservations will,
however, have priority.
PARK HOURS (for Manatee Sanctuary Park only)
Please consider closing Manatee Sanctuary Park at dark. Ordinance 54-2 states that with the
exception of City approved scheduled park activities, all parks shall be closed during the hours
of 9:00p.m.-7:00 a.m. It is my belief that, in general, there will not be much legal activity
taking place at the park after dark. Being in an isolated part of the City, this would also be of
help to the Sheriff's deputies in monitoring activity in the park. Some citizens residing in the
area surrounding the park have expressed a concern about the potential problems, i.e. drinking,
noise, homeless, etc. in the park after dark.
I will be in attendance at the September 7t' Council meeting to discuss this recommendation
and/or answer any questions you may have regarding the recommendations.
This document is intended only to create a starting point for discussion regarding the procedures
the Recreation Department will use to accommodate the needs of the citizens.
CITY OF CAPE CANAVERAL
MANATEE SANCTUARY PARK PAVILION/ KITCHEN AGREEMENT
701 Thurm Boulevard, Cape Canaveral, Florida 32920
Park Hours 7:00 a.m.—9:00 p.m.
PAVILION USE AGREEMENT
Requesting Organization/Party
Type of Event:
Representative: Phone:
Address:
City Zip
Requested Date:
Estimated Attendance: Estimated Number of vehicles:
Will music be played at this event?Yes No Amplification?
If yes,explain what type of music and what hours
PAVILION RENTAL PATRON RULES
1. Alcoholic beverages are prohibited in all City parks.
2. Pets are not allowed in City parks.
3. Music shall be maintained at sound levels as not to interfere with other park patrons and surrounding neighborhoods.
Complaints may result in eviction from facility.
4. Installation of decorations ONLY SCOTCH or MASKING tape may be used. Renter must furnish all supplies
and completely remove all decorations before leaving.
5. All signs and banners must be approved prior to rental.
6. Clean-up must be completed by rental closing time.
7. All trash must be placed inside trash receptacles or otherwise bagged,tied and placed next to trash receptacle if
receptacles are full.
8. Table tops,floor and adjacent grounds must be clean of refuse and debris resulting from rental use.
I have read and understand the above,and further,I understand that it is my responsibility to communicate and enforce the rules with
participants of my group. Non-compliance could result in eviction from the premises and/or loss of part or all of my deposit.
Signature Date Florida Drivers License# expires
office use only
Rental Amount Received$ Receipt# Date
Deposit Amount Received$ Receipt# Date
Received by:
Employee Signature
PLEASE RETURN COMPLETED FORM WITH APPROPRIATE DEPOSIT TO:
CAPE CANAVERAL PARKS &RECREATION DEPARTMENT
7300 NORTH ATLANTIC AVENUE
CAPE CANAVERAL,FLORIDA
RESERVATION/RENTAL FEE must be paid at the time the requested date and time is confirmed.
CLEAN-UP/DAMAGE DEPOSIT must be paid at least thirty(30)days prior to date of event.
• Upon completion of the scheduled event,the deposit is refundable if the facility is returned to the state of
cleanliness prior to the event,and,there has been no damage to the facility.
• Full deposit refund will be allowed if event is canceled at least fourteen days prior to date reserved.
• If additional cleanup and/or repairs by City Staff is necessary,the responsible party/organization will be billed for
the expense over and above the amount held on deposit. This billing will include salaries and materials.
• Check(s)payable to Cape Canaveral Parks&Recreation Department.
FEES: (Recommended)
RESERVATION/RENTAL PRIVATE GROUP CITY NON-PROFIT GROUP/ORGANIZATION
Half day(up to 4 hours) $50.00 $25.00
Full day 75.00 37.50
Half day with kitchen add: 25.00 12.50
Full day with kitchen add: 50.00 25.00
The applicable state sales tax will be collected.
DEPOSIT,DAMAGE&CLEAN-UP
Pavilion only$50.00 Pavilion with kitchen$100.00
Meeting Type: Regular
Meeting Date 09-07-04
AGENDA
-; Heading Considerations
�d
ar.e.w.i..
Item 5
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: DESIGN ENGINEERING PROPOSAL TO EXTEND THE REUSE
WATER DISTRIBUTION SYSTEM
DEPT./DIVISION: PUBLIC WORKS/WASTEWATER
Requested Action:
City Council consider the design engineering proposal from Stottler, Stagg &Associates in the amount of$12,000
to extend the reuse distribution system to the 100 and 400 blocks of Johnson Avenue, 100 block of Jefferson
Avenue, 100 block of Madison Avenue and the 400 block of Taylor Avenue as recommended by the public works
director.
Summary Explanation& Background:
The contractor is currently mobilized; funds are budgeted for October 1, 2004 fiscal year, and the extension plan is
consistent with City Council's policy for improvements to the system
I recommend approval.
Exhibits Attached:
Public Works Director's memo of 08-10-04
City Manag ce Dep neat PUBLIC WORKS/WASTEWATER
t-p-->Sm—,-Aotumen s n\council\meeting\2004\09-07-04\reuse.doc
MEMORANDUM
TO: Bennett C.Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: August 10,2004
SUBJECT: City Council Agenda Item for September 7th,2004
SSA Fee Proposal for Design Reuse Water Lines
The City of Cape Canaveral has had a high public demand for reclaimed water services to
additional areas within the Avon by the Sea Subdivision. This area has an estimated 145
potential customers. The area was targeted because of the large number of potential customers
and the number applications the City has received. More so, some of our citizens have made
application with payment for reuse water and have been waiting for over two years. Attached is
the proposal from SSA and a City of Cape Canaveral Map depicting the additional locations.
The Public Works Director Staff has received a design proposal from SSA for the design
of the reuse distribution system in the amount of$12,000. This project will extend the City reuse
system along 100 &400 Block of Johnson, 100 Jefferson, 100 Madison, and 400 Taylor. The
Public Works Director has determined that the probable construction cost will be$75,000 based
on historical data. The Engineering as-built,permitting and inspection by SSA will be$7,000 at
the time of construction in October. The total project cost is estimated to be$94,000. $100,000
has been budgeted for FY 2005.
Recommend the approval of the Reclaimed Water Extension Design proposal from SSA
in the amount of$12,000. Funds have been budgeted in the Enterprise Capital Account for 2005.
Attachments
cc: Walter Bandish
File
August 10, 2004
Mr. Ed Gardulski
City of Cape Canaveral
SSA
105 Polk Avenue
Cape Canaveral, FL 32920-0326
RE: SSA Fee Proposal for Reclaimed Water
Distribution System on Select City Streets
Dear Ed:
Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is
pleased to present our engineering/survey fee proposal for extension designs of Cape
Canaveral's reclaimed water. In general, the design work will include the following streets:
Length Size
Street ' Block I (Feet) (Inches)
Johnson 100 464 4
400 560 4
Jefferson 100 443 4
Madison 100 443 4
Taylor 400 276 4
Total 2,186 LF
Service connections will be provided for residents along each block that will be served by the
reclaimed water distribution system. The actual location of each service will be coordinated with
the City.
As this work involves multiple street segments, the designs and contract documents will include
some of the residential concerns SSA has encountered in past phases. Safety issues such as
signage, closing of open jack pits, informing residents of work, etc., will all be considered.
SSA will incorporate the following survey criteria into our work:
• To begin the street surveys, both SSA's Chief Surveyor and Designer will ride the
above referenced streets with the Public Works Team to review potential
obstructions.
• Location surveys will be performed -0 locate that property !ine on the side the reuse
line will go on.
• Utilities will be located after "Sunshine One" marks lines in the field.
Based on the above criteria, our specific Scope of Services includes the following:
SSA SCOPE OF SERVICES
SURVEY/ DESIGN — PHASE I
Task 1 - SSA will perform field surveys to locate potential obstructions along the above
referenced Cape Canaveral streets. Survey work will be in conformance to the above
referenced approach.
STOTTLF,R STAGG & ASSOCIATES ARCHITECTS e ENGINEERS • PLANNERS,INC.
8680 North Atlantic Avenue P.O,Box 1630 Cape Canaveral,Florida 32920 Tel 321.7831320 Fax 321-783-7065
Lic.#AAC000329 #EB0000762 #LB0006700
J AsV1lltn ojocts-Iproposallcity of capr canaverallp-reclaimed water 4 streets.doe
Mr. Ed Gardulski
August 10, 2004 SSA Fee Proposal
Page 2 Reclaimed Water-Distribution System
Task 2 - Upon receipt of field data SSA will prepare base drawings showing roadway segments
and measured obstructions.
Task 3 - Reclaimed water line location designs will be prepared for the City's contractor bid
package. SSA's construction drawings will include both construction typical sections and
construction notes for the work. Four (4) copies of the plans which reflect proposed
horizontal locations of the reclaimed water lines will be furnished to the City as a part of
this service.
CONSTRUCTION / PERMITTING — PHASE II
Task 4 - Per earlier discussions with City staff a FDEP permit may not be required. (If the
FDEP permit is needed it will be considered an additional service.) If required, all permit
application fees will be paid by the City. For this task, SSA will prepare one (1) request
for additional information for each submittal. If more work is requested this will be an
additional service.
Task 5 — Construction Services. SSA will work with the City's Public Works Department to
provide select construction service support. SSA work tasks will include:
• Preparation of technical documents for City bid package
• Review of contractor bids with City
• Attend and support pre-construction meeting with City
• Review contractor shop drawings
• Perform eight (8) inspections of work in progress
• Perform final inspection of work with the City
• Review contractor record drawings
SCHEDULES AND FEES
Schedules: Upon receipt of written authorization to proceed SSA will begin work immediately.
Approximately 60 working days are estimated to complete the drawings. Schedule areas of
concern include "Sunshine One" marking of utilities and any City reviews or public workshops.
Fees: SSA's fees for the above work will be a lump sum amount as follows:
Phase I —Survey/Design
Task 1 —Surveys ................................ Lump Sum Fee of $4,800
Task 2 — Base Drawings ..................... Lump Sum Fee of $2,200
Task 3 — Design ................................. Lump Sum Fee of $5,000
Phase I Subtotal ............................... $12,000
Phase II — Construction / Permitting
Task 4— Permitting ............................ Lump Sum Fee of$2,500
Task 5— Construction ........................ Lump Sum Fee of$4,500
Phase II Subtotal .............................. $7,000
j:lcivillprojectslproposallcity of cape canaverallp-reclaimed water 4 streels.doc
Mr. Ed Gardulski
August 10, 2004 SSA Fee Proposal
Page 3 Reclaimed Water-Distribution System
Print costs, other than the four (4) sets, will be billed to the City at SSA's cost plus a 15% mark-
up. Fees will be billed monthly based on a percentage of work completed and payment will be
due within fifteen (15) days of receipt.
Additional work authorized in writing by the City that is not specifically included in this proposal,
such as follow-up coordination work with land owners, additional City meetings, etc., will be
deemed as additional services upon City's written authorization to proceed and will be billed at
SSA's standard hourly rates (attached) or negotiated as a lump sum prior to beginning work.
Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen
percent (15%) mark-up.
Compensation rates are based on ordinances, regulations and procedures in force on the
execution date of this Agreement by the appropriate governing bodies having jurisdiction over
the project. Any significant modification in these ordinance, regulations, procedures, etc. shall
be justification for re-negotiation for the compensation due to the Consultant for the work
involved.
It is understood that any and all professional liabilities incurred by SSA throughout the course of
rendering professional services on this project shall be limited to a maximum of the net fee
received by SSA, not including reimbursable expenses and sub-consultants, for all services
rendered on the project. Should it become necessary to obtain a third party to collect our fees
for services, the City hereby agrees to pay all costs of such collections including Attorney's fees.
The City and SSA respectively bind themselves, their partners, successors, assigns and legal
representative to the other party to this Agreement and to the partners, successors, assigns,
and legal representatives of such other party with respect to all covenants to this Agreement.
Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without
the written consent of the other.
The terms and conditions of this proposal are effective through October 15, 2004. Acceptance
after this date may necessitate increased fees or altered conditions.
Ed, your authorization of this proposal can be accomplished by the appropriate City signature
below and our receipt of a signed copy. SSA is looking forward to working with the City on this
project in Cape Canaveral.
Sincerely, ACCEPTANCE:
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
'41C ",
f iZ BY:
John A. Pekar, PE
Senior Vice President TITLE:
cc: Bennett Boucher, City Manager DATE:
jlcivillprojectslproposallcity of cape canaverallp-reclaimed water 4 streets.doc
Meeting Type: Regular
Meeting Date 09-07-04
AGENDA
�LL Heading Ordinances-2"d Reading
Item 6
No.
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 adoption of 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 NARews Oi- Department LEGISLATIVE
C -nt\kim\m o \admin\council\meeting\2004\09-07-04\17-2004.doc
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 Canaveral is herebyexempt 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 of 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
92004.
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 : lUl->Seotioo657 : fleeoato.gnv Page l of
L�~|
Select Year: 2004 �| L�0�
'�l�� Florida
���� �0��� Stalu[es
]l1be-|X Chapter 10] V1ew[Ot [�L��pt�[
ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE
101.657 Early voting.--
(1)(a) The supervisor of elections shalt 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 shalt be a fuii'service
facility ofthe supervisor and shalt have been designated assuch atleast 1 year prior tothe
election. The supervisor may designate any city hall or public library as early voting sites; however,
ifsudesignated, the sites mus[ be geographically Located soasto provide all voters in the county
an equal opportunity tocast a ballot, insofar asis practicable. The results or tabulation may not be
made before the close ofthe polls onelection day.
(b) Early voting shalt begin on the 15th day before an election and end on the day before an
election. For purposes of special election held pursuant to s' 100.101, early voting shalt begin on
the 8th day before an election and end on the day before un election. Early voting shalt be
provided for atleast 0hours per weekday during the applicable periods. Early voting shalt 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 ofCounty,
Florida. l do solemnly swear oraffirm that am the person so listed on the voter
registration rolls ofCounty and that l 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 l could be convicted of felony of the third
degree and both fined up to $5,000 and imprisoned for up to 5 years. I understand that
rnyfailure tosign this certificate invalidates my ballot.
(Voter's Signature)
(Address)
(City/Stat-)
(b) Any elector may challenge an elector seeking to vote early under the provisions of s. 10l..1111.1
Any challenged voter must vote a provisional ballot. The canvassing board shalt review the ballot
and decide the validity of the ballot by majority vote.
(c) The canvass of returns for ballots cast under this subsection shalt be substantially the same as
votes cast byelectors in precincts, as provided in s. 101.5614.
hrtp://wvvvv.f)aoonte.gov/8tatntcm/iodez.ofbz?p=2& odc=Dispin}�_8tutotc&Ssarob ... 08/10/2004
Jul 23 2004 4: 57PM BROWN, GRRGANESE, WEISS & D 407425959E p. 2
BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at I aw
Usher L.BrownOffices in.Orlando,Kissimmee, Debra S.Babb-Nutcher
Jeffrey P.Buak° Cocoa&Viera Joseph E.Bluth
Suzanne D'AgrestaP John U.Bledenhem,Jr.
Anthony A.Garganese' Lisa M.Fletcher
John H.Ward' 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. Gargenese
City Attorney
AAG/Ig
Enclosure
225 East Robinson Street,Suite 660•P.O.Box 2873.Orlando,Florida 32802-2873
Orlando(407)425-9566 Fax(407)425-9596-Kissimmee(3211402-01"-Cocoa&viera(866)425-9566
Website:www.ortandolaw.net-Email:tirm®ortandolaw.net
Jul 23 2004 4: 57PM BROWN, GRRGRMESE, WEISS & D 4074259596 P. 3
07/23/2904 14:25 858 DEPT OF STATE PAGE @2/02
Aft
STATE OF FLORIDA
DEPARTMENT OF STATE
'ZB BUSH GLENDA E.HOOD
Govep"or
Srcrarary of State
July 23,2004
VIA FACSIMILE
Anthony A. Garganese,Esq.
Brown,Garganese,Weiss&D'Agresta,P.A.
225 East Robinson Street,Suite 660
Orlando,Florida 32802-2673
Re: Informal Opinion: Opt-Out Provision for Municipal Elections
Dear Mr.Garganese.
This is in response to your request on behalf of four municipalities Cape Canaveral, Cocoa,
Orchid and Winter Springs, for an informal opir on relating to municipal eleCdOM. You ask
whether a city may, pursuant to section 100.3605, Florida. 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, even where a municipahty 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 municipalities.
At this time, the statutory provision on early voting does not expressly apply to municipalities.
Therefore,a municipality may opt out of this provision through the application of a special act or
adoption of a charter or ordinance. If the mtmicipahty chooses to provide early voting, it must
comply with the statutory requirements for early voting under section 101..657,Florida Statutes.
Res eIF
Assistant General Counsel
NUM/ccxn.
cc:Kate Latorre,Esq.
Ome orTh*Serrefmry
R.A.Gray Building a 506 South Bronooah Street • Tallahanae,Florida 32399-0250
Telephone: (asp)245-6500 0 Factimile: (850)24". 12.4 0
WWW: http://vr.rw4os9trte.1La5
View Legal Ad# 455781 Page 1 of 1
Prink Window Close Window'
AD#455781-8/27,2004 0
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral,
Florida will hold a Public Hearing for the
purpose of adopting Ordinance Nos. 17-2004
and 18-2004 in the City Hall Annex, 111 Polk
Avenue, Cape Canaveral, Florida at 7:00 P.M.,
on Tuesday, September 7, 2004. The
ordinances may be inspected in their entirety in
the City Clerk's office during business hours
(8:30 a.m.to 5:00 p.m.,Monday-Friday).
ORDINANCE NO.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
PROVISION 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.
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 SEPERVISION
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,AND EFFECTIVE DATE.
Pursuant to Section 286.1015, Florida Statutes,
the City hereby advises the public that: If a
person decides to appeal any decision made by
the City Council with respect to any matter
considered at this meeting, that person will
need a record of the proceedings,and for such
purpose that person might need to ensure that
a verbatim record of the proceedings is made,
which record includes the testimony and
evidence upon which the appeal is to be based.
This notice does not constitute consent by the
City for the introduction or admission into
evidence of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or
appeals not otherwise allowed by law. Persons
with disabilities needing assistance to
participate in any of these proceedings should
contact the City Clerk's office (868-1221) 48
hours in advance of the meeting.
Susan Stills,CMC
City Clerk
AD#: 455781
Publication: Florida Today
First Published: 08-27-2004
http://www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=14395 08/30/2004
Meeting Type: Regular
Meeting Date 09-07-04
AGENDA
Reading Ordinances-2"d Reading
Item 7
No.
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 adoption of 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 Man > s ce Department ADMINISTRATION/CITY
TREASURER
ca - im\m doc in\council\meeting\2004\09-07-04\18-2004.doc
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 of procedures 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
taxing district of 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 b try 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.
(22,) 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, 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 any Property 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 roperty, 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
m_ay 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 may be disposed of for value to any 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 b- section(b) above.
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
Meeting Type: Regular
Meeting Date 09-07-04
AGENDA
Heading Ordinances-I'Reading
Item 8
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 15-2004, AMENDING SECTION 110-1, ADDING DEFINITIONS
FOR ACCESSORY USE OR STRUCTURE AND YARD ACCESSORIES
DEPT./DIVISION: PLANNING&ZONING
Requested Action:
City Council consider at first reading Ordinance No. 15-2004, amending Section 110-1, adding definitions for
accessory use or structure and yard accessories as recommended by the Planning&Zoning Board.
Summary Explanation& Background:
See attached correspondence.
Please advise.
Exhibits Attached:
Ordinance No. 15-2004;P&Z Board memo dated 08-17-04
City Mana ' ffice Department
i myd \admin\counci1\meeting\2004\09-07-04\15-2004.d0c
ORDINANCE NO. 15-2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA,AMENDING CHAPTER 110,ZONING,SECTION
110-1, DEFINITIONS, OF THE CODE OF ORDINANCES,
ADDING DEFINITIONS FOR ACCESSORY AND YARD
ACCESSORIES, AND AMENDING DEFINITION FOR
STRUCTURE; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE;SEVERABILITY;AND
AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
WHEREAS, the City Council desires to amend Chapter 110, Section 110-1, 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 110,Section 110-1,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 110, Section 1. It is intended that the text in Chapter 110, Section 110-1,
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
Chapter 110 - ZONING
Sec. 110-1.Definitions.
City of Cape Canaveral
Ordinance No. 15-2004
Page 1 of 3
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:
Accessory use or structure A building or use which is clearly incidental or subordinate to,
and customary in connection with the principal building or use and which is located on the same lot
with such principal buildingor r use.
Structure: ineans that which is built or constructed. Any thing constructed, erected or placed,
the use of which requires more or less permanent location on or in the ground, or attached to
somethin hg aving a permanent location on or in the ground. Structure shall include tents, lunch
wagons dining_cars camp cars or other structures on wheels or other supports and used or intended
for business or living_ quarters.
Yard accessories Nonpermanent fixtures and furnishings_de_signed for outdoor use and
customarily used for leisure purposes This shall include lawn chairs tables, lounges, swings,
hammocks barbecuerig lls picnic tables birdbaths, p1gy equipment bird feeders and similar items
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 15-2004
Page 2 of 3
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
2004.
City of Cape Canaveral
Ordinance No. 15-2004
Page 3 of 3
ROCKY RANDELS, Mayor
ATTEST:
For Against
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. 15-2004
Page 3 of 3
Date: August 17, 2004
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson of the Planning & Zoning Board
Re: Amendments to Section 110-1, Proposed Ordinance No. 15-2004
Establishing Definitions of Accessory Use or Structure, Structure, and Yard
Accessories
------------------------------------------------------------------ �V77?, --------------------------------
The Planning & Zoning Board reviewed the proposed Rin, establishing definitions
of accessory use or structure, structure, and yard accessories.
The Board reviewed a memo for Todd Morley, Building Official, suggesting that a
portion of the last sentence in the definition of a "Structure" be stricken. However, the
Board agreed to recommend approval as written. Please note that the Building Official
does not agree with the Board's recommendation. Please refer to his memo for
explanation.
In reviewing the definition of "Yard Accessories", the board recommended that "play
equipment" be added.
In reviewing the definition of "Accessory Use or Structure", the board agreed to
recommend approval as written.
Note: In reviewing Todd Morley's memo, the Board held discussion regarding
"Encroachments". The Board concluded that "Canopies" should have its own definition,
and be defined as a flexible, and fabric like structure.
Please schedule this item on an upcoming meeting agenda.
Planning & Zoning Board
Meeting Minutes
August 11, 2004
Page 3
4. Review and Recommendation to City Council Re: Changes to Definitions,
Specifically: Structures, Accessory Use; and Yard Accessories, Pursuant to
Section 110-1.
Todd Peetz, City Planner, advised that the Todd Morley, Building Official, reviewed the
proposed ordinance and commented that the last sentence in the definition of a
"Structure" be stricken, because one could argue that a structure is being used for
something other than a business or living quarters, and therefore, by this definition, as
written, would be allowed. Discussion followed regarding the definition of "Yard
Accessories". The Board concluded to recommend the definition of a "Structure", as
written; and to add "play equipment" to the definition of Yard Accessories.
Motion by Bea McNeely, seconded by Lamar Russell, to recommend approval of the
Definitions with noted changes.
5. Review and Recommend to City Council Re: Planning Board Procedures
Supplementing the Uniform Board Rules and Procedures adopted by Cily Council
Pursuant to Section 2-171 (i).
The Board members reviewed the proposed draft ordinance regarding Planning Board
Procedures. Bea McNeely, Board Chairperson, noted that the procedures did not address
ex -officio members, and advised that it needed to be added. Anthony Garganese, City
Attorney, responded that he has presented the ordinance to the City Manager to place on
an upcoming City Council agenda. The Board members agreed that the ordinance should
read that the "Meetings shall be held at the Cape Canaveral City Hall Annex, or any
other location deemed necessary by the Board."
Motion by Bea McNeely, seconded by Lamar Russell to recommend approval of the
proposed ordinance establishing Board procedures with the noted changes.
Due to the late hour, Chairperson McNeely polled the Board members. It was agreed that
the meeting time would be extended another 15 minutes.
DISCUSSION
1. Discussion Re: Eaves, Canopies and Overhangs, Section 110-538, Encroachments.
Todd Peetz, City Planner, read a memo from Todd Morley, Building Official, regarding a
request for the Board to clarify the definition a "canopy" to differentiate it from "roof
overhang" or "eaves". Following discussion, the Board agreed that "canopies" should be
defined as a flexible, and fabric like structure.
Memo
Date: August 11, 2004
To: Planning and Zoning Board
From: Todd Morley, Building Official
RE: Request for P&Z Board to clarify definition o epifferentiate it from "roof overhang" or "eaves"
We need a clear definition of "canopy" to differentiate it from "roof overhang" or "eaves" - see below:
I think 110-1 is the place to make this change, as it is merely a definition that I am asking for.
However, the Board may want to consider a uniform encroachment for such items when we get to 110-538 in the
Code Review workshops.
Discrepancy is in Encroachments:
110-538 (5) "Hoods, canopies or marquees may project not over three feet into a required setback."
vs.
110-538 (13) "Roof overhangs (eaves) may project not over two feet into a required setback."
There is a one -foot difference based on how one interprets "canopies"
Per Webster's II New College dictionary:
Canopy (def. 2), A roof like ornamental architectural structure.
Eaves (def. 1), the projecting overhang at the lower border of a roof.
Overhang (def. 1) A projecting part, as of a building.
Per City of Cape Canaveral Ordinances:
Canopy - Not defined.
Eaves - Not defined.
Overhang - Not defined.
The case at hand involves an "eyebrow" over a door, made of the exact same materials as the roof, but separated
from the main roof. It is supported by the wall underneath the main roof overhang.
The argument can be made that this is a canopy as a "canopy" is a "roof -like structure".
The argument can be made that this is an overhang as an "overhang" is a "projecting part".
The truth is, it's both.
The ordinance should clearly differentiate the terms.
Also —
I have a concern with the proposed definition of "Structure" - specifically the phrase: "and used or intended for
business or living quarters".
One could argue: "I don't use this structure for business or living quarters, I only use it for storage (or recreation, or
etc.). Therefore, since it is not used for business or living quarters it cannot be called a structure!"
I believe the phrase: "and used or intended for business or living quarters" should be stricken.
BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
Attorneys at Law
Usher L. Brown •
Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher°
Jeffrey P. Buae
Cocoa & Viexa Joseph E. Blitch
Suzanne D'Agresta°
John U. Biedenharn, Jr.
Anthony A. Garganese°
Lisa M. Fletcher
John H. Ward •
Amy J. Goddard
Jeffrey S. Weiss
Katherine Latorre
—
Melanie A. Mucario
Michelle A. Reddin
'Board Certified Civil Trial Lawyer
'Board Certified City, County & Local Government Law
August 12, 2004
Via Email Only
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
15'
Re: Ordinance No.'% -2004
Dear Bennett:
Erin J. O'Leary
J. W. Taylor
Of Counsel
Enclosed is Ordinance 15-2004 amending Chapter 110, Zoning, Section 110-1,
Definitions of the City Code of Ordinances and Resolution 2004-1 of the Cape P&Z Board,
adopting rules and procedures supplemental to the uniform board rules. The proposed
changes were directed by the P&Z Board at last night's P&Z meeting. Please place the
Ordinance and Resolution on the next City Council Agenda for the City Council's
consideration. Also, please send a copy to Bea McNeely, P&Z Board Chairperson, for her
review.
Should you have any questions, do not hesitate to call.
Ve my yours,
Anthony A. Garganese
City Attorney
AAG/lmg
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) 402-0944 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Meeting Type: Regular
Meeting Date 09-07-04
AGENDA
Heading
Resolutions
Item
9
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2004-24, ADOPTING THE PLANNING & ZONING BOARD'S
RULES AND PROCEDURES
DEPTJDIVISION: PLANNING & ZONING
Requested Action:
City Council consider the adoption of Resolution No. 2004-24, adopting the Planning & Zoning's Board's rules and
procedures as recommended by the Planning & Zoning Board.
F �
Summary Explanation & Background:
See attached.
Please advise.
Exhibits Attached:
P&Z Board Memo dated 08-17-04; Resolution NO. 2004-24
City Man s ffice
Department P&Z
kim\ ydo a in\council\meeting\2004\09-07-04\2004-24.doc
Date: August 17, 2004
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson of the Planning & Zoning Board
Re: Resolution 2004-1
Adopting Planning & Zoning Board Rules and Procedures
The Planning & Zoning Board reviewed the proposed Resolution, establishing the
Board's Rules and Procedures. Following discussion, the Board agreed to recommend
adoption of Resolution 2004-1, with the addition that the words "Meetings shall be held
at the Cape Canaveral City Hall Annex, or any other location deemed necessary by the
Board" be added.
Chairperson McNeely noted that the Resolution did not address ex -officio members.
City Attorney Garganese responded that ex -officio members will be addressed in a
seperate ordinance that has been presented to the City Manager.
Please schedule this item on an upcoming meeting agenda.
RESOLUTION 2004-24
A RESOLUTION OF THE CITY OF CAPE CANAVERAL PLANNING AND
ZONING BOARD ADOPTING RULES AND PROCEDURES
SUPPLEMENTAL TO THE UNIFORM BOARD RULES AND PROCEDURES
ADOPTED BY THE CITY COUNCIL PURSUANT TO SECTION 2-171 OF
THE CITY CODE; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR
RULES, LIMITATIONS, AND PROCEDURES ADOPTED BY THE
PLANNING AND ZONING BOARD, AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 2-1710), City of Cape Canaveral Code, the Planning and
Zoning Board is authorized to adopt additional rules and procedures necessary to conduct Board
business providing the rules and procedures are supplemental to and not inconsistent with the rules
and procedures adopted by the City Council for all boards and committees conducting business within
the City of Cape Canaveral; and
WHEREAS, the Planning and Zoning Board desires to adopt supplemental rules and
procedures for conducting Planning and Zoning Board meetings; and
WHEREAS, the Planning and Zoning Board deems that these supplemental rules and
procedures are necessary to conduct efficient and orderly business.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE PLANNING AND ZONING
BOARD OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT:
Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct
and hereby fully incorporated herein by reference.
Section 2. Adoption of Supplemental Rules and Procedures. The following rules and
procedures are hereby adopted by the Planning and Zoning Board:
1) RerularMeetimes. The Planning and Zoning Board of the City of Cape Canaveral
shall hold regular meetings at 7:30 p.m. on the second and fourth Wednesday of each month of
the year. Meetings will end at 10:00 p.m. unless a majority of the Planning and Zoning Board
votes to extend the meeting. Meetings shall be held at the Cape Canaveral City Hall Annex.
Meetings may be cancelled by a majority vote of the Planning and Zoning Board at any
official meeting. Meetings may also be cancelled by the City Manager if it is known prior to a
regularly scheduled meeting that a quorum of the Planning and Zoning Board will not be
present at the meeting or the City Manager determines that there is no business to present to
the Board.
City of Cape Canaveral Planning and Zoning Board
Resolution No. 2004-24
Page t of 3
2) Special Meetings. Special meetings may be called by the Chairperson upon
recommendation of any two Board members or the City Manager at any time. A minimum of
48 hours advance notice must be given to all Board members.
3) Emergency Meetings. Emergency meetings may be called by the Chairperson
or upon recommendation of any two Board members or the City Manager at any time. In case
of an emergency, the 48-hour notice provided for special meetings may be waived.
4) Agenda. The agenda for each regular or special meeting shall be posted in City
Hall, a minimum of 48 hours before meeting time. Agenda for emergency meetings may be
handed to Board members at the time of the meetings. The agenda shall be organized by the
Chairperson. Items may be placed on the agenda by any Planning and Zoning Board member,
or any City Council member, or the City Manager by calling the item to the attention of the
Board Secretary at least one (1) week before any regular meeting or within the 48-hour notice
requirement for special or emergency meetings. The agenda shall follow the following
outline:
I. Call to order.
II. Roll call.
III. Approval of minutes of previous meeting which have not been approved.
IV. New business.
V. Old business.
VI. General discussion.
VII. Adjourn
5) Rules of Conduct at Planning & Zoning Meetings. The most current edition of
Roberts Rules of Order shall be followed during any meeting of the Planning and Zoning
Board.
6) Attendance. Members of the Planning and Zoning Board shall notify the
Chairperson of the Board or the Board Secretary if they cannot attend a meeting.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or
portion of this resolution is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, whether for substantive or procedural reasons, 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 Resolution.
Section 4. Reueal of Prior Rules and Procedures. Any previously adopted rules and
procedures of the Planning and Zoning Board are hereby repealed in their entirety. It is the intent and
purpose of this resolution to provide a completely new set of supplemental rules and procedures of the
Planning and Zoning Board. This resolution shall be deemed supplemental to and in addition to any
uniform rules and procedure adopted by the City Council of the City of Cape Canaveral.
City of Cape Canaveral Planning and Zoning Board
Resolution No. 2004-24
Page 2 of 3
Section 5. Conflicts. In the event any provision of this resolution conflicts with any
rule adopted by the City Council or provided by law, the rule adopted by the Council or provided by
law shall apply.
Section 6. Limitations. The failure of the City of Cape Canaveral Planning and Zoning
Board to abide by the policies in this resolution shall not have any adverse effect on any final decision
made by a majority vote of the Planning and Zoning Board.
Section 7. Effective Date. This Resolution shall become effective immediately upon its
adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this day of
, 2004.
ATTEST:
Susan Stills, CITY CLERK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY FOR THE CITY
OF CAPE CANAVERAL ONLY:
Rocky Randels, MAYOIL
For
Bob Hoog
Steve Miller
Jim Morgan
Rocky Randels
Richard Treverton
Anthony A. Garganese, CITY ATTORNEY
City of Cape Canaveral Planning and Zoning Board
Resolution No. 2004-24
Page 3 of 3
Against
Date: August 17, 2004
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson of the Planning & Zoning Board
Re: Resolution 2004-1
Adopting Planning & Zoning Board Rules and Procedures
The Planning & Zoning Board reviewed the proposed Resolution, establishing the
Board's Rules and Procedures. Following discussion, the Board agreed to recommend
adoption of Resolution 2004-1, with the addition that the words "Meetings shall be held
at the Cape Canaveral City Hall Annex, or any other location deemed necessary by the
Board" be added.
Chairperson McNeely noted that the Resolution did not address ex -officio members.
City Attorney Garganese responded that ex -officio members will be addressed in a
seperate ordinance that has been presented to the City Manager.
Please schedule this item on an upcoming meeting agenda.
Page 1 of 1
Susan Stills
From: Bennett Boucher
Sent: Monday, July 19, 2004 4:48
To: Susan Stills; Virginia Haas
Subject: FW: Resolution 2004-1
Please schedule for the next city council meeting.
Thanks,
Bennett
-----Original Message -----
From: Joan Flowers [mailto:jflowers@orlandolaw.net]
Sent: Thursday, May 13, 2004 1:14 PM
To: Bennett Boucher
Subject: Resolution 2004-1
Bennett,
Enclosed for the City Council's approval is Resolution 2004-1 of the Planning and Zoning Board, that was
approved at last evening's Planning and Zoning meeting. Please place this on the next agenda for the City
Council's consideration. Pursuant to Section 2-1710), the City Council has the right to amend or repeal any rule
or procedure adopted by a City board or committee. As such, I am presenting this resolution to the Council to
determine whether they find it acceptable. If the Council does not find it acceptable, the Council has the right to
amend or repeal the P & Z Board's resolution.
In addition, the Planning and Zoning Board would like to continue the tradition of having the P & Z chairperson
serve as an ex officio member of the Board of Adjustment. That tradition apparently was set forth in the P & Z's
Rules of Procedure. I advised the P & Z Board that they did not have the authority to impose an ex official board
member on any other City board, as that authority is vested in the City Council. Please advise whether you would
like for me to prepare the necessary ordinance to keep this "City tradition" alive.
[Dictated, but not read]
/s/ Anthony A. Garganese
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
225 East Robinson Street, Suite 660
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net
Email: ►flowers@orlandolaw.net
Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information
intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the
intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby
notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to
the sender and delete it from your system. Thank you.
07/20/2004
Meeting Type: Regular
Meeting Date 09-07-04
AGENDA
Heading
Resolutions
Item
10
No.
This easement has no useful purpose and should be vacated. See attached correspondence.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2004-28, VACATING A (12) FOOT WIDE EASEMENT UNDER
THE UNITED SPACE ALLIANCE BUILDING LOCATED AT 8550 ASTRONAUT
BLVD.
DEPT./DIVISION: PUBLIC WORKSIWASTEWATER
Requested Action:
City Council consider the adoption of Resolution No. 2004-28, vacating a (12) foot wide easement located under
the building located at 8550 Astronaut Blvd. as recommended by the Planning & Zoning Board and Public Works
Director.
Summary Explanation & Background:
This easement has no useful purpose and should be vacated. See attached correspondence.
I recommend approval.
Exhibits Attached:
Resolution No. 2004-28; P&Z memo; Public Works Director's memo
City Manager' ce
Department PUBLIC WORKS/WASTEWATER
., yriyy. u.j uv�. caa a..� �.v uaacll \IUCC—ly \LVVY \VJ—V /—VY\LVV`l—LO. UUU
RESOLUTION NO. 2004-28
A RESOLUTION VACATING A 12 -FOOT WIDE EASEMENT
LOCATED UNDER THE UNITED SPACE ALLIANCE STRUCTURE
AT 8550 ASTRONAUT BLVD., WITHIN THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Robert M. Salmon, on behalf of his client Cape Canaveral Joint
Venture, a Florida limited partnership requests that the City of Cape Canaveral abandon
and vacate that certain 12 -Foot Easement located under the existing United Space
Alliance building, as recorded in Plat Book 782, Easement E-6 on Page 144 of Pages
143 through 148, of the Public Records of Brevard County, Florida; and
WHEREAS, the Public Works Director recommends the vacation of the
easement in that a record's search did not reveal any previously recorded vacation of
the subject easement for that property; and
WHEREAS, the Planning and Zoning Board members unanimously recommend
approval to the City Council of the above -referenced vacation of easement request; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida has
determined that it is in the best interest of the City to vacate said easement.
NOW, THEREFORE, BE IT RESOLVED as follows:
SECTION 1. The City of Cape Canaveral, Brevard County, Florida, hereby
vacates Easement E-6 from the Document Titled EASEMENTS in the Official Records
Book 782, Page 144 of Pages 143 through 148 under the existing United Space
Alliance building at 8550 Astronaut Blvd. described as follows:
An easement lays 6.00 feet each side of the following described centerline.
Said easement lying in Section 15, Township 24 South, Range 37 East,
Brevard County, Florida.
Commence at a point on the East Section Line of said Section 15, lying
N 0150'54"W a distance of 1713.43 feet from the Southeast corner of
said Section 15; thence S 89109'06"W a distance of 119.41 feet thence
N 89023'00" W a distance of 84.94 feet to the point of beginning; thence
S 1055'48"E a distance of 400 feet; thence S 0050'54"E a distance of 855
feet to the termination of Easement E-6.
SECTION 2. This Resolution shall become effective immediately upon its
adoption.
City of Cape Canaveral, Florida
Resolution No. 2004-28
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of , 2004.
Rocky Randels, MAYOR
ATTEST:
Susan Stills, CITY CLERK Steve Miller
Jim Morgan
Rocky Randels
APPROVED AS TO FORM:
Richard Treverton
Anthony Garganese, CITY ATTORNEY
\\Cape-nt\cityclerk\CityClk\Resolutions\VACATE\8550 Astronaut Blvd_USA.doc
FOR AGAINST
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: August 13, 2004
RE: City Council Agenda Item September 7th, 2004
Easement Vacation, AKA 8550 Astronaut Blvd.
E-6 Official Record Book 782, Pages 143 through 148
Throughout the year, the City of Cape Canaveral is required to obtain easements
for property owners to perform City projects. For example, the City is required to obtain
an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line
and landscaping to name a few. These easements are solicited by the City of Cape
Canaveral and are in the City's best interest.
Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted
for limited use of private property for a public or quasi -public purpose. Within Sec. 110-477 requires that
"no purported dedication of an easement to the city shall be effective until it is accepted by the city council,
after review and recommendation from the planning and zoning board."
The Public Works Director reviewed the Easement E-6 of Record Book 782,
Pages 143 through 148 lying in Section 15, Township 24 South, Range 37 East, City of
Cape Canaveral, May 1965. This 1,255 foot long 12 foot wide easement is located under
the USA Space Alliance structure that was constructed about 1990. (Also Known As
8550 Astronaut Blvd) A record search did not reveal any vacation of the subject
easement. Although such vacation of the easement may or may not exist. In any event,
the above stated Easement is not utilized by the City of Cape Canaveral. Therefore, Staff
recommends the Vacation of Easement E-6 of Official Record Book 782, Pages 143
through 148.
The Planning and Zoning Board approved the Vacation of this Easement
Agreement on August 11 th, 2004. After approval by City Council the above stated
easement shall be recorded in public records.
Recommend the approval of the Vacation of the above stated Easement
Agreement.
Date: July 17, 2004
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson of the Planning & Zoning Board
Re: Request for Vacation of Easement -
Easement E-6 of Record Book 782, Pages 143 - 148, lying in Section 15,
Township 24 South, Range 37 East
The Planning & Zoning Board reviewed the above referenced vacation request at the
meeting held on August 11, 2004 and unanimously recommended approval to City
Council.
Please schedule this item on an upcoming meeting agenda.
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: August 2, 2004
RE: P&Z Agenda Item August 11, 2004
Easement Vacation
E-6 Official Record Book 782, Pages 143 through 148
I reviewed the Easement E-6 of Record Book 782, Pages 143 through 148 lying in
Section 15, Township 24 South, Range 37 East, City of Cape Canaveral, May 1965. This
1,255 foot long 12 foot wide easement is located under the USA Space Alliance structure
that was constructed about 1990. A record search did not reveal any vacation of the
subject easement. Although such vacation of the easement may or may not exist. In any
event, the above stated Easement is not utilized by the City of Cape Canaveral.
Therefore, Staff recommends the Vacation of Easement E-6 of Official Record Book 782,
Pages 143 through 148.
ALENE'ngineering, (321) 783-7443
FAX (321) 783-59025902
Inc. .-DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321
Mr. Ed Gardulski August 2, 2004
City of Cape Canaveral, Director of Public Works
601 Thurm Boulevard
Cape Canaveral, Florida 32920
Re: USA Service Building, Cape Canaveral
Dear Ed:
On behalf of my client Cape Canaveral Joint Venture, a Florida limited partnership, I am
requesting The City of Cape Canaveral vacate the following easement located on the
subject property; Easement E-6, as established by that indenture titled "EASEMENTS", as
recorded in Official Records Book 782, Page 143 Through 148. The easement to be
vacated is described on the second page of that document (see attachments).
The reasons for this request are as follows.-
Easement
ollows:
Easement E-6 is located under the existing building and there is no sanitary sewer
line within the easement(see the attached Sketch of Survey).
Please provide a letter confirming your intention to accomplish the vacation of this
easement to be forwarded to the potential lender for this property. Thank you for your
assistance on this project if you have any questions or cone s please feel free to contact
me. �.�71
Sincecel)
,'�bp �Imon
AL�NE'ngineering,inc. (321) 783-7443
FAX (321) 783-59025902
106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321
Easement to be Vacated
EASEMENT E-6 from Document Titled EASEMENTS Official Records Book 782, Pages
143 through 148
An easement lying 6.00 feet each side of the following described centerline. Said
easement lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida.
Commence at a point on the East Section Line of said Section 15, lying N 0°50'54"W a
distance of 1713.43 feet from the Southeast corner of said Section 15; thence S 89°09'06"W a
distance of 119.41 feet thence N 89°23'00"W a distance of 84.94 feet to the point of beginning;
thence S 1°55'48"E a distance of 400 feet; thence S 0050'54"E a distance of 855 feet to the
termination of Easement E-6.
Cape Canaveral, Florida, hereinafter ca'lled'the,Grantee;
NOW, THIS MENTURE WITNESSETH:
Pyll
FOR AND IN CONSXDERATION of the sum of Ten Dollars,($10.00)
.F�IV: 782 rare
in hand paid, and other 600d'and valuable consideration, receipt
.L43
;- and sufficiency of which is hereby acknowledged, the Grantor does.
hereby grant, bargain, sell and convey to the.City of.. Cape Canaveral,
-
E A S E M E N T S'
tain, inspect, operate, protect, repair, replace,, change the size.
THIS INDENTURE made and entered into on this �day
of,.'and remove a server pipe lino and .sewer pipe lines and appurt:-,
#i
by between CAPE CANAVERAL ('0OPORATION,.
the same for the purposes aforesiid', over, under, .through and
111
of. -May, 1965, and UTILITY
across. the following described lands, Situatedin the City of Cape
a corporation organized and existing under, the lsws.'of the State
r�
of..Florida, and SHUFORD HILLS, INC.., a corporation organized. And
l
existing•under'the...jaws. of :the State of North Carolina, and qual-
cribed.centerline; 'Said easement lying in Section 15, Township 24 .
South,.Ra'nge 37 East; Brevard County, Florida.'
.
ified to do Wsineso.in the State of Florida, hereinafter called
` ".', tio:i'•.15, lying N 0'"50t54"• W•a distagce of 1713.43 feet from the
the. Grantor;, and the City of Cape Canaveral, a mttnl"cipal Corpora=
Sauthea5t.corner oi'.said Section 1'5; thence S 89°09'06" N a dis-®ri_
tion organized and existing under the laws of the State of Florida.
thence N'8.9"23 '00" W. a distance' of' .90.94 feet; thence 11 •68°51110" W � f`�.'
and located in.the County;,of• Brevard, 7410 North Atlantic Avenue,..:�.
A distance.of•9.94.40 feet; thence S 62°3646" W a.distance of 176.29
Cape Canaveral, Florida, hereinafter ca'lled'the,Grantee;
C'7 /0T 71nti.a kA SNHnq H HHnr 8Zb0L9ZZZE Z5 :bt b00Z/60/L0
NOW, THIS MENTURE WITNESSETH:
FOR AND IN CONSXDERATION of the sum of Ten Dollars,($10.00)
in hand paid, and other 600d'and valuable consideration, receipt
;- and sufficiency of which is hereby acknowledged, the Grantor does.
hereby grant, bargain, sell and convey to the.City of.. Cape Canaveral,
its, successors and assigns,.the right to constiucr,.emplpce, main-
tain, inspect, operate, protect, repair, replace,, change the size.
of,.'and remove a server pipe lino and .sewer pipe lines and appurt:-,
enapces; together with the -right of ingress and egress to and from. I
the same for the purposes aforesiid', over, under, .through and
111
across. the following described lands, Situatedin the City of Cape
Canayersl, County of Brevard, State of Florida, to -wit;
EASEHENT E•-1:.
n. pasemeMying.6.OQ feet each side of the tollowins des-
cribed.centerline; 'Said easement lying in Section 15, Township 24 .
South,.Ra'nge 37 East; Brevard County, Florida.'
Commence at a point on theEast Section Line. of said Sec-.
` ".', tio:i'•.15, lying N 0'"50t54"• W•a distagce of 1713.43 feet from the
Sauthea5t.corner oi'.said Section 1'5; thence S 89°09'06" N a dis-®ri_
tante oi:Y18.41 feet to the point of, beginning, of. said centerline • '
thence N'8.9"23 '00" W. a distance' of' .90.94 feet; thence 11 •68°51110" W � f`�.'
A distance.of•9.94.40 feet; thence S 62°3646" W a.distance of 176.29
.°:. leet to the. termination df Easement E-1.
EASEMENT E-,2:
.
3 'A n ;in . "lying 6.00 feet each', side of the' following des-
... crlbed centerline, Said easement lying in Section 15., Town6hip 2.4.
a...,
South,Range.37 East, Brevard Couaty, Florida.
Commence 'at a paint on the East Section Line of -said Sec'= j !
15'
tion lying N.,O"50`54" W a distance'•of 1713.43.feet from the
w•' s Y g oRl ry
-
���tiCev'
�O:BS�..�
w1??"fsa S�.•g�.• R GEIS
Southeast �. c.t .s d .S c:��
"4i
tante of ieet to the 'po u of.. iiegihnipg; thence }T 121' S6"E
to the South•line of the -property described in 0.1R - Book 650 at
Page 234, said point being the termination of Easement E-2.
STATE FLOPIDQ
;:, . r C�VCt'MG'V_T: �3�,5*: •.P TAX
C'7 /0T 71nti.a kA SNHnq H HHnr 8Zb0L9ZZZE Z5 :bt b00Z/60/L0
144
EASEMENT E -3t
An easement.1ying 6.00 feet each side .of the following des-
cribed Cel3terliue. Said easement lying $a Section 15, Township 24
South, Range 37 East, Brevard County, Florida..
Commence at %.point on the East Section line of said Sec- r.
tion. 15, lying N• 0"50`54" W a distance of1713.43 Peet froth thea )t
Southeast corner -of said Section 15; thence. S 89023'00"W A dis- i✓
tance.oP 113.41 feet; thence N 89°23.100"W a. distance of 90;94 fept,'
thence N 68°51'10'"W a distance of 573.99 feet to the VeA!i't of, be-
ginning; theme 521°32'27'"W a distance of 207.48 feet;:thence
S51'10'4ltfW a. distance of 1,60.08 feat: to the termination of Ease-
ment E-3.
EASEA1kiT E-4:
n . easement -lying 6.00. feet each side of: the following des
cribed.centerline.. Said easement lying in Section.l5,.Township 2.4
South, Rauge .37 East, BrevardrevArd County, Florida:..
Commence at a point on the .East Section Line of said See -
tion 15, lying N 0050.154"W a diytance`Lof' 1713.43 feet from the''
Southeast corner•of said Section 15; thence S 89°09.'06"1t a
tince of 119.41 "feet; thence N 89'23100"W a distance of 84.94
feet; thence N .68°51'10."W a distance of 849.73 feet to' the point fl/
r' of beginning; thence N. 21008`50"E a• distance of 192.20, feet to
a.. point of curvature; thence Northeasterly Ao Northwesterly along rrYY
a cii:cular curve iiiverging to the lett and having. for its. colnpo-
nent parts a radius•of.1.46.00 feet and a central anble of 58°30'
0d!' for an ar.'e .distance of 149.07 feet to 'a point of tangency;
=;. thence N 37'21'10"W a. distance of.217.3.7 feet;,thenee N 88044138"w
t. a distance of 220.00 feet to the termination of Easement E=4:
{` EASMdENT E-5:
Afteasementlying 6,90 feet each -side of the following des-
,.:.:; cribed centerline, Said easement lgingyin Section 15, Township 24
South., Range 37 East, Brevard County, Florida,
Commence at a point on the Easterly Right-o•f-Way.Line of
'`'' State Road A 401 (100' Rightrof.Way as.n w .1 id out) :said point•.
being 2;389.38 Peet Northerly of, 'as.measured'at .rigtxt.angles to,.
t"
the Southiue of, Section 15, Township 2.4 South; Range 37, East,
�:':.. :Brevard County, FXorida;.thence S 37021110"E along the said' E.as-
terly Ai lit -of- Way Line of State Road 1LI 401 it distance of 150:00
foat;:thence N 52.' 3815011E a distance of 318.64 feet'.to the."Point.
y,:, of Beginning; thence S37'21110"E a distance •at 4.00 feet; thence
5 88044138"E a distance of 250.00 feet; thence N 52'38050" E a
E'l' :. distanrie of. 420.00 feet to the termination of Easement E-5'.'
F„;..
' EASEMEn E-6:
n eases. =lying 6.00 feet each side.cf,the following cies
c,,•.. cribed centerline.. Said easement lying in Section 15, Township 24
'. South, Range .37 East,'. Brevard County, Florida'.
Commence'at a point on the East Section Line of said -Sec-
tion 15, lying N 050154"W a distance of 1713.43 feet from the
+: Southeast corner of sa,id•Section 15; thence $ 89'091067W a dis-
' tanoe of 119.41 feet thence N 69'23100"W a distance,of'.84.94 feet
to the point.of beginning -,thence S 1°55'48''."E a -distance of 400
feet; thence S.6°50'54"6 a distance of 855 feet to thetermination
of Easement E_6,
EASEMENT E-7:..
r`> n easement lying.6,00'.feet each side.of the following des
ci•ibed centerline. Said easement lying in .Section 15, Township..- 24
South,, Range 37 East, Brevard, County, Florida.
Commence at.a'point on the East Section Line Of said See -
tion 15; lying N 0'50;"54"W a distance of 1778.58 feet from the
!!PWW. T ,6n?i.G1�eAYt,.ggrrtgr ..of said 5e t•iotr': .r e�? :e2": 89%49'-us,+FF�:'o: ,,
"tame of 191 .00 deet to the point oP' *x`ft iiing; thence rt 0 50. 54 W .
a distance of 925.00 feet; thence N 4°;59'54!"E a distance of '340..00
fest; thence- N 89027!20"W a distance of 160.00 feet to the termin-
ation of Easement E-7.
9'7Ir, T -ACIW,4 V,4 SNVA3 H NHOP 8Tb0L9ZTZ6 zs:vl b00Z/60/10
P7IC17
PAGE .�•ir�
;.: EASEUNT E -S:
<•.:n easemen lying. 6.90 feet each side of the following des -
4•c' Cribed centerline. Said easement lying in Section 15, Township 24
South, Range, 37 East, Brevard. County, Florida.
4.` Commence at a point .on the Westerly Right -of -Way Line of
?'. State Road # 401. (100' Right -of -Way as now laid out) said poimt
being 1907.63 feet Northerly of, as measuked at right angles to,,
the South line .of Section 15, Township 24 Sou.th,.xtange;37 East,
Brevard.Cou3°
nty, Florida; thence S 624'34"W a :distance of. 94.78
feat t .. t:�4..p��^._•.-..r�.�:.'�+5�'- ..5. 4CF.:1tinua S 63"24134"YP a-
distance 0!'.6.00 feet; thence S 64010'01" W a distance of 397.33
feet; tilenee,3 85° 16101" w a distance, of 276.00 .feet;. thence
N. 89°27120"1f a distance of 983.24 feet; thence N 31"46144" W a
distance of 64;00 feet to the termination of Easement. E -B.
EASNUENT E-9,
An easemen . ytng•6.00 feet each side.of the following des
;.: cribed center line. Said easement lying in Section.15, Township 24'
South,: Range 37.East, Brevard County,` Florida.
Commence at,a point on the .Westerly. Right -of -Way, Line of
State. Ao;id # 101 (140' :.1ght-of=Way as now laid out) said point
being 1907.63 feet Northerly of, a's measured at right angles to
the .South line of Section 15, Township 24 South, Range 37 East,
x. Brevard County, FlortdA; thence S.63°24'34"W a distance, of 100.78
feet; thence S. 64.'10101"W a distance of 397.33 "feet; thence S 850
r rr
16 O1 W s distance of 276.00 feet to the point of beginnxng•;.thence
N 0 32'40"E A distance of 350.00 feet; thence N 6406'.37"E a
dis-tance of 200 feet; ,thence N 30030113"E a distance of 397.56 feet
to the termination of Easement E-9, said point lying on the said
r' Westerly Right -of -Way line of ,State Road #,401.
` EASEMENT E-10:
•.
An easemen ying 6.00 feet each side of .the following 4es
aa: cribed centerline. Said easement lying in Secti.vn.15,.Township 24
South; Range 37 East; .Brevard County,, Florida. .
'r, Corimence at a point on the Westerly Right -of -flay bine of..
���'•:` State. Road # 401 (100' Right -of -Way as now laid' out) said point.
being 942.28 feet Northerly of, -as measured at right angles " to,' ' the. South line of. Section 15' Township 2.4 South Rah a 37 East
Lrcvard. County,. Florida; thence S .52*39.' 50"W .a distakice of 9.4.00
^, leet to.the point of beginning;, thence continue S 526313'50"W a t
distance of 906.00 feet; thence.S 37021110'E a distance'of 30.00..
feet to the termination of Easement E-10
i:' EASE6tEtif E -1I:
' n, easement ying 6.00 feet cutch side -of the following deS:-
cribed centerline. Said easement lyz'ng in Section 15, Township 24.
��•. South, .Range 37 East, Brevard County„ Florida; and. an easement lying.
` 6.00 feet each side of the.following described centerlines lying in
Section 14 Township 24, South Rarr a 37 East Brevard County,
r FIoriga;
Commence at a point on the' East line" of said.Section 153.•
lying N 0°50'5411W a distance of 1739.58 .feet from the Southeast
corner of said, SectXon 15i thence' N 89°23100"W a distance of
82.25 feet to the point of beginning; thence S.89a23'00"E a dis- 1V
tance of 82.25 feet to a point on the said East line of Section 15;
thence S 89.026100"E through said Section 14 a,distance of 8.80.00
�:. feet to the termination. of Easement E-11. .
EASEMENT EV -1;
n�
n asemeTying 6,00 feet each side of the following des�-
cr_b.ed centeT'ine. -Said easement, lying in Section: 15, Township -24
South,'Flange 37 East, Brevard County, Florida.
Commence at a point on the East Section Line of said Sec
tion.'15, lying N 0050'54"W a distance of 1798et,:,;f.rom the _ a
r'r l;' 3o{iti r'a::eorner oh-Sa~id•`se'ction 15; thence S: 9'•0'6F:�W a 'dis.= `�
rs�"dr tante of 165.00:feet to the point of beginning; thence continue.
S 89009`.06'-W s distance of 47,68 feet; thence N.68°51'10"W a .
distance of 559.17 feet; thence'9 21006150"W a distance of 221.58.
feet; to a point of curvature;.thence .Southwesterly along a dircu-
.lar curve diverging :to the right and having for its component. parts
.a radius of 156.00 feet and a central angle of •31°30'00" for an are
distance bf 85.77 .feet to a. point of tangency; thence S 52'38'50"W
a distance of 257.71 feet to the terivinailori of YM -1 said point being
on the Easterly Right -of -Way of State Road # 401.
Mimi
kJA gNtiA'a N w"nr ATbGilg7.T7F' 7.G:bT b00Z/F;AILO
ts-, 14.6
EASEMENT LS -1:
Commence it t apcirit ori the Easterly� Right -of - Way,of State.
R "d, .401 (1OOT Right -of -Way as now -laid cut).,said point,being
-
369,38 feet Northerly of, as m.easured.,at right *angles tqj t.1ju
South lite of Section 15, Township 2 . 4 South, Range 37 . East, Bre�_
.vard Cp I untjr, Florida;
orida; thence S 37021'1.0."E a. dis�tanice, of 150.00
feet; thence N' 52030150"E a distance of 466.48 feet;t,hence.
.-S37921-10"; a distance of 64.38 'feet to the point of beginn'in'g;
thence, S 6B.'44'38"B a distance: of .25.00 felt*; thence S 01-9151
22"W a distance of 39.06 feet; thence. N .88 44,`38'W A *distance of
25.00 feet; thence X WIV2.211E a distance of 39.06 feet 'to the
point of beginning.
EASEMENT LS -2:
UomWence at 'We Southeast corner of Section 15, Township
.24 South,'R ang6 37 East; thence N 99'27'20"W along the South line
of said Section 15 a distance of 3149.68 feet; thence N 0032140"E
a distance of 1723.17 feet to the point of beginning; thence
S 320.48144�119 -a distance of 20.00 feet; thence S' 5801111.6"W a
distance of 35.00 feet; thenc'e'N 316481441"N a distance of 20'00
feet; thence. N 58°11'16"E a. distance of 35.00 feet to the point
of beginning.
I hereby certify that the foregoing described easements encompass
the sanitary sewer gravity lines,' sanitary sewer force mainsand
n
sanitary sewer lift stations, that are existing and under cc s'trp
c
tion.
"'0
S
9. J.. bLanpera
11 rA T.
Fla. Reg. /Stirveyorit k." P8
P7 /T7 "A qW"Aq H wHnr . RTt)AiqZTZ2 Z9 :VT V00z/60//-0
EASEMENT FM -2:
An easement-TyingO.00 feet each side of the'following des-
cribed centerline. Said easement lying in Section 15, Township 2.4
South;gange 37 East, Brevard County, Florida..
Beffin,at poi nt on the Westerly Right -of -Way Line of State
'
Road 401.(100' Right -of --Way as now laid out) said point being
923.34 feet Northerly' of, us measured right angles to, 'the'
.:t
South.line. of Section 15,' Township 24 South, Range 37 East, 'Bre-
vard County, Florida; thence S 52'38'50"W a distanc6 bf 958.13.
'Z 'hc.
-IV%- -tv- jwaill't D! to Northwesterly
along alziftlar, curve Aiverging to the. right and having,tor Its
component parts a radius of 373.73 feet -and A central angle of
37°53'50.'1 for an are distance of 247.20 feet to:a point of tin-
ce N 89'2712011W a distance°.ot 258.7.8 feet .-to a point
,gency, thence
16f"curvcturo; thence Northwesterly alon&n circular curve,div6r'-. J
ging to the right and having for its component parts a radiiisi of
feet and a central angle of 27*06'26" for'sin a" distance
.1067.56
of 505.07 leet to a point of tangency; thence X62.°20'54."W a -dis-
.
tance, of 186.60 feet to a. point of curvatuie;, thenceNarthw&s.t4rly
alor4 a circular curve 4iverginig to the right and having for its
component parts a radius of 2074.00 feet.and a central angle of
61m 30100" for an arid distance of 1152.81 feet to,a point;of. ian-
gency; thonce.N 0'?50154"W a distance of'321.04 feet to the ter -
v
i.`
urination of Easement FM -.2..
EASEMENT PM -3,-
-Tying
An. easeme nt 6.00 feat each'side of the following ders-
cribed centerline. Said easement lying in Se.6tion 25, Township- 24
South, Range 37 kast, Brevard County, Flor - ida.'
Commence at thercc-nor. Southeast =6fr of Secti.oh. 25, Township
24 South, Range 37 East, theAte N 89027120"W along the South line
.f:
ousaid Section 15 a distance :of 2832.25 feet;',then.ce N 0'32'40"Ea
distance,of.644.24 feet to the point'cf beginntng; thence 9.48*
a distance of 2 -.00 feet to the termination ofEa
'59 , Easement
EASEMENT LS -1:
Commence it t apcirit ori the Easterly� Right -of - Way,of State.
R "d, .401 (1OOT Right -of -Way as now -laid cut).,said point,being
-
369,38 feet Northerly of, as m.easured.,at right *angles tqj t.1ju
South lite of Section 15, Township 2 . 4 South, Range 37 . East, Bre�_
.vard Cp I untjr, Florida;
orida; thence S 37021'1.0."E a. dis�tanice, of 150.00
feet; thence N' 52030150"E a distance of 466.48 feet;t,hence.
.-S37921-10"; a distance of 64.38 'feet to the point of beginn'in'g;
thence, S 6B.'44'38"B a distance: of .25.00 felt*; thence S 01-9151
22"W a distance of 39.06 feet; thence. N .88 44,`38'W A *distance of
25.00 feet; thence X WIV2.211E a distance of 39.06 feet 'to the
point of beginning.
EASEMENT LS -2:
UomWence at 'We Southeast corner of Section 15, Township
.24 South,'R ang6 37 East; thence N 99'27'20"W along the South line
of said Section 15 a distance of 3149.68 feet; thence N 0032140"E
a distance of 1723.17 feet to the point of beginning; thence
S 320.48144�119 -a distance of 20.00 feet; thence S' 5801111.6"W a
distance of 35.00 feet; thenc'e'N 316481441"N a distance of 20'00
feet; thence. N 58°11'16"E a. distance of 35.00 feet to the point
of beginning.
I hereby certify that the foregoing described easements encompass
the sanitary sewer gravity lines,' sanitary sewer force mainsand
n
sanitary sewer lift stations, that are existing and under cc s'trp
c
tion.
"'0
S
9. J.. bLanpera
11 rA T.
Fla. Reg. /Stirveyorit k." P8
P7 /T7 "A qW"Aq H wHnr . RTt)AiqZTZ2 Z9 :VT V00z/60//-0
wr s; 782 82 PAGE .147
TO HAVE ADD TO HOLD the said sewer 11.ne easement and right-
Oi-t�8 hereby e, (r' ,
y ;
granted unto tlia Grantee, its setccessars and assi • ns
?` in fea simple forever.
Tho Orantcr does hereby fully Warrant the title to said
laud, and will defend tize, same .against the lawful cl.a.izns of all
persons w!lomsoever.
,,.: :ftlenever used in this instruinent, ,thea sinrular r_umbev shall
',,.. include the plural and the plural the sirCglas, and the use o.0 any
gender shall include ail Senders
IN WI'TIESS j•C#IF.MOF, tho Cra_ntor has caused tse presents
_. .to be signed in its neve by its President, and Its corporate seal
`• to be a.ffl!oed, attested by its Secretary, the day 6n year above
..:
written.
: Signed, .sealer] and delivered CAPE CA AVErSUL IlY GORPORA.TZO. .
'e in the nresence.of
a
res cent
.Attest ; ��--. �• �Gwld� ,.'T�''
Seat r
CORPORATE S,4L}E`'
Signed, sealed and delivered SIRip.ORD I•'rLT-.5, IIQC
in the pre3senc of
..; Tree
9.1 fittest: c�5� 2-e
Secretary S 11
( CORPORAshy:• �,
...:1ha:mR.ax /•• .x" :d..Mi ._ .. i;i'.fi,
N
Al
C'7 177 73n" -A kdJ cti1HA7 u Kiunr ATbW g7T7.P' 7.0 :bT bAA7. IFA // A
4
D
PAGE .08 TA
- rim
"pass tqLRT
K
i... - STATE OF A00RIDA
COUITlr� OP 2,RhVARD
I I = E -3-v M- HTIFY, That on this /?Z/
day of Kay,
before me. personally a pp 'Id Karry I�y
.qaxled H. it. Jr. --: P.
Davison, Jr., President and Secrctu-j 1--Spectively of Cape 'Canaverul
UtU.ity GorporatioD2 a Corporation Luldel, the law6 of the State of
Florift, to jzi.e known to be the L-ersomq (210scrilled in and who execut-
ed the foreLoirv3 conve-jance and they mevarall�i acknowledged the
e Xecution tiley-cof to lue their free act and deod'as such officers,
for tile uses and purpose: tl'iercin muntioned; and that ,they 6ffl;xed
t1leM2-to tile pfficial seal of :�CU6 corporation, and t ---c said in-
atrup.ellt is the act and'dced ol' said. curpot-ation.
WITMSS my siF-naturo and official seal, at Titusville, in
the County of arevard and State of PIOP-Ida, ti -ie day and year last
D-f'oj%c;s aid .
.,-ii�otavy Public
j
A L �,-Ztate of Plo da at Lia 7
My corrmission.
v.,
STATE OF F1,0131DA
COUNTY OF DR -WARD
CERMY Chat on this l 4i�day oi' Id. y, 1965,
before lase .personally appeared 'Alex Shuford and Q. M. Chumley',
Jr. 23M •President and Secretary respectively of Shuford IU110,
Inc., a corporation under the laws of' the 5tata of Uorth CallolinEL
to Me Known to be the persons described in and who executed the
f ore F_ming conveyance and they severally aclmowlodged the execution
Pree act and (ICOCA as
tijareof to.ice their such officers, for the
o that they affixed theireto
-rein � i.nientioned; and t!
uses and purposes the
-
the official seal of.'t3airl comorantion,
a -rid the said instrUme nt is
the act and deed oi* said corporation.
WITM55 viy slgniitum and off rjial -zeal at Titusville, in
the County: of P.revard and State of orida, tile clay. 2-nd ye last
OL af6.resaid.
NItary Ilic
State of 116rjda at Large
3 JE -A L�) My commiss.iori e x, INa
kY r hll.-15:�IL0II Ltf IRti,Sr1�AH. 5. k959
V.
<
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