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HomeMy WebLinkAboutPacket 10-05-2004F, City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 5, 2004 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 21, 2004. 2. Proclamation for Florida City Government Week. 3. Resolution No. 2004-37; Appointing an Alternate Member as a Regular Member to the Board of Adjustment (P. Collins). ORDINANCES: Second Public Hearing: 4. 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_ 5. 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. REPORTS: 1. City Manager 2. Staff 3. City Council 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2004 Page 2 AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the pubic that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabiRies needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hairs in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 21, 2004 7:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Absent: Council Member Others Present: City Manager Assistant City Attorney City Clerk City Treasurer Public Works Director Building Official BOARD INTERVIEWS: MINUTES Bob Hoog Jim Morgan Rocky Randels Richard Treverton Steve Miller Bennett Boucher Jeff Buak Susan Stills Andrea Bowers Ed Gardulski Todd Morley Shawn Schaffner, Planning & Zoning Board Mayor Randels informed that Mr. Schaffner submitted a letter stating that he was prepared for the previous meeting on September 7t', however, he was unavailable for this evening's interview. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 2 of 7 Donald Dunn, Planning & Zoning Board Mr. Donald J. Dunn stated his address as 8702 Hibiscus Court, Cape Canaveral. He informed that his experience and background is with the Florida Aviation Authority. He has since worked in security with the Canaveral Port Authority. Mr. Dunn stated that his appointed Board had not met up to that time and he expressed his interest in serving on the Planning and Zoning Board. Attorney Buak informed Mr. Dunn that he would need to resign from the Construction Board of Adjustments and Appeals. Mr. Dunn replied that he regularly attended the Planning and Zoning Board meetings as well as the City Council meetings. Mr. Dunn stated that the information on his application was true and correct to the best of his ability. Mayor Randels thanked him for his interest in serving on the Board. Alice Filteau, Planning & Zoning Board Ms. Filteau replied to Attorney Buak that she currently serves on the Code Enforcement Board. She stated her address as 8112 Presidential Court, Cape Canaveral. Ms. Filteau informed that she has a Master's Degree in Regional Planning and she previously worked for Pasco County. She expressed the she would like to participate in redevelopment issues that may come up in Cape Canaveral's future. Ms. Filteau replied to Attorney Buak that she has an ongoing interest in planning and in the community. He informed Ms. Filteau that she would need to resign from the Code Enforcement Board. She replied that she had no conflict with the meeting nights. Mayor Pro Tem Hoog suggested that Council use the submitted date of applications to decide on how to appoint the applicants. He stated Ms. Filteau for the First Alternate position and Mr. Dunn for the Second Alternate position as was the order of submitted of applications. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Morgan to Appoint Ms. Alice Filteau in the First Alternate position and Mr. Dunn in the Second Alternate position. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 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). 3. Resolution No. 2004-30; Reappointing One Regular Member to the Code Enforcement Board (J. Ratliff). 4. Resolution No. 2004-31; Reappointing Three Regular Members to the Library Board (T. Grady, J. Brown and J. Atwood). City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 3 of 7 5. Resolution No. 2004-32; Reappointing Three Regular Members to the Recreation Board (H. Renshaw, B. Gorham, C. Trautman). Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mayor Randels read from the City Attorney's response to the City Clerk's Resign to Run question as it applied to Mr. Leo Nicholas seeking a City Council seat. Attorney Buak summarized the opinion statement that appointed City Board Members did not need resign to run for City Council in that they are not paid for their services. Attorney Buak replied to Mayor Pro Tem Hoog that the most recent change to State Statutes on this law was dated in the year 2000. No request was made to remove any items for discussion. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 5. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 6. Motion to Approve: St. Johns River Water Management District Cost Share Agreement. Mr. Boucher clarified that this action would administer the check that Ms. Marguerita Engel of St. Johns River Water Management District presented to the City at a previous meeting. A motion was made by Mayor Randels and seconded by Mr. Morgan to Approve the St. Johns River Water Management District Cost Share Agreement for $75,000. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Approve: Manatee Sanctuary Park Facility Policy and Fees. Ms. Hanson explained that this action would set fair and equitable guidelines for the Park facilities use. Mayor Pro Tem Hoog asked how parties would be notified of park use. Ms. Hanson replied that there is a Bulletin Board at the Park kiosk in order to post notices. She requested that the time schedule for Park use be amended to read "dark to dawn" and not dusk to dawn in order to accommodate use throughout the twilight hours. Attorney Buak stated that the City Attorney's office would draft amended language on the park hours. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 4 of 7 A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Manatee Sanctuary Park Facility Policy and Fees. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Approve: Design Engineering Proposal to Extend the Reuse Water Distribution System. Mr. Gardulski replied to Mayor Pro Tem Hoog that the extension plan would complete the streets on the project list. There was no further discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Design Engineering Proposal to Extend the Reuse Water Distribution System. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Approve: Continuing Contract for Traffic Engineering Consulting Services. Mayor Randels summarized that of the eight Requests for Proposal sent, seven proposals were submitted and Luke Transportation was chosen as the Continuing Contract for Traffic Engineering Consulting Services. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Continuing Contract for Traffic Engineering Consulting Services. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 10. 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. 11. 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. Mr. Boucher informed that due to the recent hurricane the ordinances were published for the September 7th meeting only. The Chair stated that Ordinance No. 17-2004 and Ordinance No. 18-2004 would be postponed until the next regularly scheduled City Council meeting on October 5th in order to meet the 10 -day legal advertisement notification requirement. City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 5 of 7 ORDINANCES: First Public Hearing: 12. 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. Mayor Randels explained that the Planning and Zoning Board was tasked to provide a definition for a canopy. Ms. Bea McNeely replied that there was also need for a clearer definition of accessory structures. Mayor Randels informed that structures included tents, lunch wagons, dining carts, camp carts or other structures on wheels. Mayor Pro Tem Hoog expressed that a tent did not constitute a structure. Mr. Morley stated that he desired one definition to cover both buildings and structures; however, he preferred one that reflected what is written in the Florida Building Code. Discussion followed on the interpretation of a structure as reflected in the proposed ordinance's language. Council re- submitted Ordinance No. 15-2004 back to Staff for further review. RESOLUTIONS: 13. Motion to Adopt: Resolution No. 2004-24; 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. Ms. Bea McNeely explained how the Planning and Zoning Board might desire to hold a Special Meeting and language was included to accommodate meetings held at other locations. She stated that in the past ex -officio members were allowed in the by-laws and the Board desired to have the Council appoint ex -officio members under the Uniform Board Ordinance. Attorney Buak explained that Resolution No. 2004-24 should actually be numbered No. 2004-1 in that it allows supplemental procedures for the Planning and Zoning Board. He clarified that Council's only action is agreement or denial of these rules on the Board's meeting location. Council by majority agreed on supplemental language for meeting locations. The City Attorney would draft a subsequent Ordinance to amend Chapter 2 relating to the Uniform Board Ordinance to establish a provision for Ex - Officio Members. No official action taken on Item No. 13. 14. Motion to Adopt: Resolution No. 2004-28; Vacating a (12) Foot Wide Easement Under the United Space Alliance Building Located at 8550 Astronaut Blvd. Mayor Randels explained how correction was needed for a vacant easement under the United Space Alliance Building. Mr. Gardulski replied to Mayor Pro Tem Hoog that the easement did not extend to the Wendy's property but ceased at the canal. The Public Works Director stated that he found no evidence of a recorded easement in the City City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 6 of 7 Clerk's office. Mayor Randels concluded that in order to provide the existing business a clear title, Council needed an action to vacate the 12 -foot easement. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004-28; Vacating a (12) Foot Wide Easement Under the United Space Alliance Building Located at 8550 Astronaut Blvd. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher reported that he and the City Treasurer met with the Federal Emergency Management Agency representative in order to establish the storm -related covered items. He informed that the Agency did not provide for storm debris removal in private subdivisions. 2. Staff City Attorney • Attorney Buak reported that Mr. Frederick Burgett filed a motion to challenge the proposed Annexation ordinance. The City Attomey would continue to monitor this issue. AUDIENCE TO BE HEARD: Mr. Leo Nicholas expressed his gratitude for the recovery efforts made subsequent to the hurricane. Mr. Nicholas questioned why only the roof repair fee was waived. Mayor Randels replied that the action was taken during an Emergency Council Meeting as a life safety issue. Mr. Morgan expressed that no fees should be applied on any storm -related repairs. Mr. Boucher replied that the County extended the fee waiver for roofs, doors and windows and the City could follow that example. ADD-ON ITEM: A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton for an Add -On Item to the Meeting Agenda. The vote on the motion for an Add -On Item carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. Discussion continued on how to identify if the damage were hurricane related. Mr. Morley explained that the waiver is for the fees only and stated that permits were still required. He also stated that a time certain was necessary on the waiver. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Waive the City Permit Fees to a Time Certain of Tuesday, November 16, 2004 for Any Storm -Related Damage Related to Recent Hurricanes Retroactive to September 6, 2004. The vote on the City of Cape Canaveral, Florida City Council Regular Meeting September 21, 2004 Page 7 of 7 motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 3. City Council No reports were submitted. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 8:34 P.M. Rockey Randels, MAYOR Susan Stills, CITY CLERK WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities, and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, 1, Rocky Randels, Maya, of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim that the week of October 19th — 23th, 2004 be designated as FLORIDA CITY GOVERNMENT WEEK and that the City of Cape Canaveral does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly and that the City does encourage educational partnerships between city government and schools. Meeting Type: Regular Meeting Date 10-05-04 AGENDA Heading Consent Item 3 Na. Resolution No.2004-37 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-37, APPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT DEPTIDIVISION: LEGISLATIVE Requested Action: City Council consider approval of Resolution No. 2004-37, appointing Paula Collins as a regular member of the Board of Adjustment. Summary Explanation & Background: See attached resolution. Exhibits Attached: Resolution No.2004-37 City Manager's Office,,. - '` r Department LEGISLATIVE cape-nf-\kim\mydocbkgnt.sk"admin\council\meeting\2004\10-05-04\2004-37.doc RESOLUTION NO. 2004-37 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER AS A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance No. 2-83 (Zoning Code Section 110-26) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint 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. Paula Collins is hereby appointed as a regular member of the Board of Adjustment of the City of Cape Canaveral, Florida, with term to expire on October 1, 2006. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 5th day of October 2004. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Steve Miller Jim Morgan Susan Stills, CITY CLERK Rocky Randels Richard Treverton APPROVED AS TO FORM: Anthony Garganese, City Attorney 09/29/2004 11:17 FAX 321 853 3690 AEROSPACE ERD HAILR00M 0 002 Sep -2.9-04 09:58A City of Cake Canaveral 321 868-2248 P_01 City of Cape Canaveral September 29, 2004 Paula Collins 8708 Bay Court Cape Canaveral, FL 32920 Dear Ms. Collins - Please check the box that indicates your desire to be appointed as a regular member of the Board of Adjustment and continue to serve for another two-year term and return this notice immediately to the City Clerk. The resolution to appoint you as a regular member is scheduled to appear on the City Council Agenda of Tuesday, October 5, 2404. Thank you. R( l DO wish to be considered for appointment as a regular member. Q i DO NOT wish to be considered for appointment - Aub, L";LA _ (Signature) Paula Collins, Board of Adjustment Sincerely, Susan Stills, CMC CITY CLERK Post -It" Fax We 7679 '- i J.A °? . ► '"e f µLls From ► ;�: C*A*pt. A -0,06n � �.3 • S'S -9i P ,�. �, -1 z z axr S 33 3 f,90 z T404wre. Yo•• r1o"" 1. 105 Folk Aycnuc • Pau Officc &ix 326: • Cape CanavCral, FL 32920-0326 'l Jvlinne: (321) 868-1220 - SLINCOM: 982-1220 • i -AX_ (21) 868.1248 .www.MyAorida.wm/capc ec• mael: CcapecanavzralC�C11.rY.cam Meeting Type: Regular Meeting Date 10-05-04 AGENDA Heading Ordinances -2nd Reading Item 4 No. If this were to happen, it would place a burden on the City Clerk's office to try and accommodate the voters, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 17-2004, EXEMPTING THE CITY FROM THE EARLY VOTING PROVISIONS OF THE FLORIDA STATUTES DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider 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 Manager's-9ffice . __: - Department LEGISLATIVE capes=Sif\ki Tfipdoc entsAAdRtfin\council\meeting\2004\10-OS-U4\17-"lUU4.Cioc 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 strikeottt 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 hereby, exempt from the early voting 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 2004. ROCKY RANDELS, Mayor ATTEST: For Against City of Cape Canaveral Ordinance No. 17-2004 Page 2 of 3 Bob Hoog Jim Morgan Rocky Randels SUSAN STILLS, City Clerk Richard Treverton Steve Miller First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2004 Page 3 of 3 Statutes & Constitution :View Statutes :->2004->Ch01 01 ->Section 657 : flsenate.gov Page 1 of 2 Select Year: 2004 Go' The 2004 Florid-aStatutes Title _IX.. Chapter 101 View Enti...r..e Chapter. ELECTORS AND ELECTIONS VOTING METHODS AND PROCEDURE 101.657 Early voting. -- (1)(a) The supervisor of elections shall allow an elector to vote early in the main or branch office of the supervisor by depositing the voted ballot in a voting device used by the supervisor to collect or tabulate ballots. In order for a branch office to be used for early voting, it shall be a full-service facility of the supervisor and shall have been designated as such at least 1 year prior to the election. The supervisor may designate any city hall or public library as early voting sites; however, if so designated, the sites must be geographically located so as to provide all voters in the county an equal opportunity to cast a ballot, insofar as is practicable. The results or tabulation may not be made before the close of the polls on election day. (b) Early voting shall begin on the 15th day before an election and end on the day before an election. For purposes of a special election held pursuant to s. 100. 101, early voting shall begin on the 8th day before an election and end on the day before an election. Early voting shall be provided for at least 8 hours per weekday during the applicable periods. Early voting shall also be provided for 8 hours in the aggregate for each weekend during the applicable periods. (2)(a) The elector must provide identification and must complete an Early Voting Voter Certificate in substantially the following form: EARLY VOTING VOTER CERTIFICATE I, , am a qualified elector in this election and registered voter of County, Florida. I do solemnly swear or affirm that I am the person so listed on the voter registration rolls of County and that I reside at the listed address. I understand that if I commit or attempt to commit fraud in connection with voting, vote a fraudulent ballot, or vote more than once in an election I could be convicted of a felony of the third degree and both fined up to $5,000 and imprisoned for up to 5 years. I understand that my failure to sign this certificate invalidates my ballot. (Voter's Signature) (Address) (City/State) (b) Any elector may challenge an elector seeking to vote early under the provisions of s. 101_._1.1.1_. Any challenged voter must vote a provisional ballot. The canvassing board shall review the ballot and decide the validity of the ballot by majority vote. (c) The canvass of returns for ballots cast under this subsection shall be substantially the same as votes cast by electors in precincts, as provided in s..1 01._,56.1.4,. http://www.flsenate.gov/Statutes/index.cfm?p=2&App_mode=Display_Statute&Search ... 08/10/2004 Jul 23 2004 4:57PM HROWN,GARGANESE,WEISS & D 4074259596 p.2 BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Atiorngs at Law Usher L. Brown Jeffrey Busk° Offices in Orlando, Kissimmee, Debra S. Babb NutCher Suzanne e r stsPgang Cocoa & Viera Joseph E. Biitch A. Anthony A. Garganese' G John U. Biedenham, Jr. John H. Ward • Lisa M. Fletcher Jefrrey S. Weiss Katherine Latorre Melanie A. Muc2do Michelle A. Redden 'Board Certified Civil Trial Lawyer 'Board Gertified City, County & Local Government Law Erin J. O'Leary J W Taylor July 23, 2004 Of Counsel 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 AAGAg Enclosure 225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2973 Orlando (407) 425-9566 Fax (407) 425-9586 • Kissimmee (321) 402--0144 - Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm®orlandolaw.net Jul 23 2004 4:57PM BROWN,GRRGRNESE,WEISS & D 4074259596 07/23/2004 14:25 1950 .IBB BUSH Govt,mor DEPT OF STATE 9 STATE OF FLORIDA DEPARTMENT OF STATE July 23, 2004 VIA FACSIMILE Anthony A. Gargarme, Esti. Brown, Garganese, Weiss & D'Agresta, P.A. 225 East Robinson Street, Suite 660 Orlando, Florida 32802-2873 R : lnformal Opinion: Opt Out Provision for Municipal Elections Dear Mr. Garganese: p.3 PAGE 02/92 GLE"A E. HOOD Srnatary of State This is in response to your request on behalf of four municipalities Cape Canaveral, Cocoa, Orchid and Winger Springs, for an informal opinion relating to municipal electiorm. 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 municipality chooses to 'opt out" of the elections code by virtue of a special act, charter, or ordinance, it will continue to be bound by those provisions of the code that exptessly 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 ox ordinance. If the municipality chooses to provide early voting, it must comply with the statutory requirements for early voting under section 101..657, Florida Statutes. Res ec thews Assistant General Courusel M M/ccrn cc: Kate Latorre, Esq. OrIke of tha Secretary B. A. Gray Building • 500 South Bronough 9trw • Tallahassee, Florids 32399-0250 Telepheue: (W) 245-000 • Faesimile: (350) 24.4.4125 a VVWyq; ttttp://vVWw.dos,sftte.Qss View Legal Ad# 465803 Print Winslow Close Window AD#4658034M2004 ❑ NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Pubic Heading for the purpose of adopting Ordnance Nos. 17-2004 and 18-2004 in the City Haw Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 -.OD P.M., on Tuesday, October 5, 2004. The ordnances may be Inspected in their entirely in the City Ci*Ws 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 28, ELECTIONS; EXEMPTING THE CITY FROM THE PROVISION OF SECTION 101.657, FLORIDA STATUTES, REGARDING EARLY VOTING BY CREATING A NEW SECTION 265 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. 18-2W4 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, AND EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Stabiles, the City hereby advises the pubic that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that parson wi 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 testinanry and evidenoe upon which the appeal is to be based. This notice does not constilila consent by the City for the Introduction or adansion Into evidence of otherwise inadnftable or irrelevant evidence. nor does it authorize challenges or appeals not otherwise allowed by law. Persons with dsabiities needing; assistance to participate In any of these proosedings should contact the City Clerk's atlas (MB -1221) 48 hours In advance of the rneetirg. Susan Stills, CMC City Clark AD*: 465803 PubBcation: Florida Today First PubNsbed: 09-25-2004 Page 1 of 1 http://www.flatoday.net/legals/display.httn?CN[D=DISPLAY&Id=14651 9/28/2004 Meeting Type: Regular Meeting Date 10-05-04 AGENDA Heading Ordinances -2"d Reading Item 5 No. I recommend approval at first reading. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 18-2004 ESTABLISHING A NEW CODE SECTION 2-207, PERSONAL PROPERTY CONTROL DEPT./DIVISION: ADMINISTRATION/CITY TREASURER Requested Action: City Council consider 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 Manager'sbffice ; -" `� Department ADMINISTRATION/CITY a: TREASURER cape -n _.i.m. yd curve n\council\meeting\2004\10-05-04\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 ofprocedures necessary for recording and maintaining information on the acquisition, identification, location, value, condition, and disposition of each item of City property is necessary in order for the City to protect its investments; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape City of Cape Canaveral Ordinance No. 18-2004 Page 1 of 5 Canaveral. Section 2. Code Amendment. Chapter 2, Article V of the Code of Ordinances, City of Cape Canaveral, Florida, entitled Finance, is hereby amended as follows (underlined type indicates additions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2, Article V. It is intended that the text in Chapter 2, Article V denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): ARTICLE V. FINANCE DIVISION 1. GENERALLY Sec. 2-207. Personal Property Control Lal 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 by the city manager or applicable law. Record and inventory of Property. Each item of Property which is practicable to identify by marking shall be marked in the manner required by City Manager. Each department head shall complete and maintain a current inventory of all Property assigned or entrusted to the custody of the associated department. Such inventory shall include the condition of the Property, i.e. good, fair, or poor, and shall identify all Property which has become damaged, missing, or of which is of no further value to such department. A copy of such inventory City of Cape Canaveral Ordinance No. 18-2004 Page 2 of 5 shall be provided to the city treasurer at a minimum on or before September 1 of each year, but additionally as changes to the condition or status of the Property occur. No Property, regardless of condition or value ma b�posed 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 additional) as 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 Manager or authorized department head. Where any Property is determined by a department head, to be surplus, missing or dammed, the department head, shall immediatel�otiftry manager in writing of such status. The Property shall continue to be maintained by the custodial department until directed otherwise by the citymanager. 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. (e) 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 �Lnytime. The city manager and heads of each department shall be responsible to the City for the safekeeping and proper use of the Property entrusted to their care. Property acquisition. Whenever acquiring property, the City may pay the purchase price in full or may exchange Property with the seller as a trade-in and apply the exchange allowance to the cost of the Property acquired. If whenever acquiring Property, the city may best serve the interests of the City by outright sale of the Property to be replaced rather than by exchange as a trade-in, it may make the sale in a manner otherwise prescribed in this section for the disposal of Property. The receipts from the sale City of Cape Canaveral Ordinance No. 18-2004 Page 3 of 5 may be treated as current refund if the Property to be acquired shall be contracted for within the same fiscal year of the City in which the Property sold is disposed of. (e) Surplus Property Disposition. Property that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function 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 Section1.01, Florida Statutes, or if the Property is without commercial value it may be donated destroyed, or abandoned. Property, the value of which the City Manager estimates to be between $3,000.00 and $5,000.00, shall be sold only to the highest responsible bidder after a request for at least three (3) bids, or by public auction. Any sale of property the value of which the City Manager estimates to be $5,000.00 or more shall be sold only to the highest responsible bidder at public auction, after publication of notice less than one (1) week, nor more than two (2) weeks prior to sale in a newspaper having a general circulation in Brevard County. (f) Recording the disposal of property. The disposal of Property, within the purview of section (e) shall be recorded by City Manager required by section (b) above. W Valuation of property. Property should be accounted for at cost, which may include the following_ purchase or construction cost; freight and transportation charges; site preparation expenditures; professional fees and legal claims directly attributable to asset acquisition. Donated Property should be recorded at its estimated fair market value at the time of acquisition. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Ordinance No. 18-2004 Page 4 of 5 jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of '2004. ATTEST: ROCKY RANDELS, Mayor 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 &A.awyer\jeffb\City of Cape Canaveral\Ordinances\Properly_Control_II-FINAL_081004.wpd City of Cape Canaveral Ordinance No. 18-2004 Page 5 of 5 View Legal Ad# 465803 Print Window Close Window' AD#465803.8J25.2004 0 NOTICE OF PUBLIC HEARING The City Council of the Cly of Cape Canaveral, Florida will hold a Pubic Hearing for the purpose of adopting Ordnance Nos. 17-2004 and 18-2004 in the City Hai Annan, 111 Polk Avenue, Cape Canaveral. Florida at 7:00 P.M., on Tuesday, October 5, 2004. The ordinances may be inspected in their entirety m the City Clerks 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 265 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-OIMiED 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. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the pubic that If a parson decides to appeal any decision made by the City Council wih respect to any ..alter considered at this rneeting, that person will need a record of the proceedings. and for such purpose that person might need to ensure that a verbatin record of the proceedirgs is Trade, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by to City for the introduction or admission Into evidence of othervvise badnisalele or irrelevant evidence, nor does it audwrme chaferges or appeals net otherwise allowed by Im Persons with disabilities needing assistance to participate in any of these proceedings should confect the City Clerks office (8861221) 48 hours in advance of the naetirg. Susan Stas, CMC City Clerk AD#: 465803 Purblicatiom: Florida Today (First Pubilsbed: 09-25-2004 Page 1 of 1 http://www.flatoday.netAegals/display.htm?CMD=DISPLAY&Id=14651 9/28/2004