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Packet 06-05-2001
;ity of Cape Canaveral NCIL REGULAR MEETING ITY HALL ANNEX nue, Cape Canaveral, Florida TUESDAY June 5, 2001 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: VFW Certificates of Appreciation to Deputies Jonathan Potter and Terry Bartnik Government Finance Officer's Association Award to the City Treasurer CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 15, 2001. 2. Proposal with Cape Canaveral Scientific, Inc. to Prepare Three Florida Forever Grant Applications in the Amount of $22,920. 3. School Resource Officer Interlocal Agreement with the City of Cocoa Beach. DISCUSSION: 4. Storm Water Project for Center Street Outfall Area. 5. Brevard County Rave Club Ordinance. REPORTS: 1. City Manager 2. Staff 3. City Council 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 . FAX (321) 799-3170 . fcn.state.fl.us/cape/ e-mail: cape@iu.net City of Cape Canaveral, Florida City Council Regular Meeting Agenda June 5, 2001 Page 2 AUDIENCE TO BE HEARD: Comments will 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. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago, Illinois 60601 312/977-9700 • Fax: 312/977-4806 January 5, 2001 NEWS RELEASE For information contact: Stephen Gauthier (312) 977-9700 (Chicago) --The Certificate of Achievement for Excellence in Finan- cial Reporting has been awarded to: City of Cape Canaveral, FL by the Government Finance Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplish- ment by a government and its management. An Award of Financial Reporting Achievement has been awarded to the individual(s), department or agency designated by the government as primarily responsible for preparing the award- winning CAFR. This has been presented to: Andrea Bowers, City Treasurer The CAFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 14,000 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. - 30 - WASHINGTON OFFICE 1750 K Street, N.W., Suite 350, Washington, DC 20006 202/429-2750 • Fax: 202/429-2755 CALL TO ORDER: ROLL CALL: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 15, 2001 7:00 PM MINUTES Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Others Present: Bennett Boucher, City Manager Kohn Bennett, City Attorney Susan Stills, City Clerk Ed Gardulski, Public Works Director John Pekar, City Engineer Sargeant Don Barker, Canaveral Precinct Ms. Tammy Tomlinson, Research Specialist with the Economic Development Council (EDC) distributed the new Community Data Summary reports. She explained how data is gathered through the City's staff and is available now for further distribution at City Hall. Mayor Randels related that the EDC also prepares a list of all available vacant property. Mr. Greg Jones explained further that real estate availability is now accessible through the Internet and encouraged use of this data source. PRESENTATION: Representative Mike Haridopolos of District 30 Representative Haridopolos stated that the Legislative session proved challenging in some issues. He related the issues discussed as: meeting the State's Nursing Home needs, a seven percent increase in education funding directed toward teacher's need, and a five percent increase in community college funding. Mr. Treverton questioned Preservation 2000 funding. Representative Haridopolos reported that $3.4 million was received overall however the state funding was decreased by 75 percent. He supported funding directed toward property for environmental needs. Mr. Bruns questioned if there were any anticipated changes to the Lottery system and he also questioned any changes to the intangible tax in this City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2001 Page 2 reporting year. Representative Haridopolos responded that he would ascertain the effective date for the Intangible Tax reporting. He related his support of using Lottery funding toward education in addition to and not in lieu of taxes. Mayor Pro Tem Petsos expressed his concern on the billboard issue. Representative Haridopolos responded that property rights became the focal point in addressing this issue at the state level. Mayor Pro Tem Petsos queried about the school growth management limit. He responded that limiting school size would allow for a closer community. Mayor Randels asked why the state Building Code was not passed. Representative Haridopolos responded that construction companies related the difficulty in complying in a timely manner. Mr. John Pekar questioned on the sales tax for professional services. Representative Haridopolos explained that the rate of sale tax could be lowered if more businesses transferred into the State. Representative Haridopolos thanked Council for their time and offered his assistance in any capacity. PROCLAMATIONS: National Public Works Week Mayor Randels read the proclamation in full. Mayor Randels then announced the Open House at the Public Works facility on Saturday, May 19th. He presented an award to Mr. Ed Gardulski for the Public Works Department's efforts in creating and maintaining bicycle and pedestrian facilities from the Brevard Metropolitan Organization. Management Week Mayor Randels forwarded this proclamation to the City Clerk's office for mailing. CONSENT AGENDA: Mayor Randels asked if any Council Member, staff member or interested party desired to remove an item from the Consent Agenda for discussion. Mayor Pro Tem Petsos requested to remove Item No. 4 for discussion. A motion was made by Mr. Bruns and seconded by Mr. Treverton to approve Consent Agenda Items No. 1, 2, 3 and 5. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. City Council Regular Meeting Minutes of May 1, 2001. 2. Letter of Support for the Distribution of Federal Anti -Drug Abuse Act Funds for the 2001/2002 Fiscal Year. City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2001 Page 3 3. Letter of Appreciation to Great Lakes Dredge and Dock Company for Their Work on the Beach Renourishment Project. 5. Outdoor Entertainment Permit, Applicant VFW Port 10131. 4. Request for State and Federal Transportation Project Funding. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve the Request for State and Federal Transportation Project Funding with the inclusion of a request for a pedestrian overpass on Columbia Avenue. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. CONSIDERATIONS: 6. Contribution to Brevard Tomorrow Program. Mayor Pro Tem Petsos queried the status of the County's visioning concept. Mayor Randels related back to the information presented in 1995 and he reported that implementation is the current stage in the plan. Mr. Treverton related that this was not an effort that would provide substantial benefit for our community. Mr. Bruns spoke in opposition to a contribution in light of minimal progress. Mayor Pro Tem Petsos queried the resurgence of this program. Mayor Randels expressed that the County desires to implement the plan and hoped to gain additional funding from the municipalities. Mayor Randels concluded that the City has implemented many of the proposed concepts in the program and Council directed the City Manager to relate the City's decision not to contribute to the program. A motion was not entertained. 7. Design Proposal for Ridgewood Avenue Pedway Between Harbor Drive South to Ridgewood Avenue. A motion was made by Mr. Treverton and seconded by Mr. Weber to approve the contract for the design proposal to Stottler Stagg and Associates in an amount not to exceed $5,000 for a pedway project from Harbor Drive south to Ridgewood Avenue. Mr. Pekar stated that this is a design concept that would include several residential areas and 700 feet of surface. He recommended public participation prior to the actual design in order to gain user support. Mr. Pekar noted some possible concepts due to the topography of the proposed project. Mr. Pekar affirmed that there are existing sidewalks in the area for Mr. Bruns. Mayor Randels expressed that the Council should be prudent in its efforts to address the project in light of public concern. Mr. Bruns spoke in favor of the pedway and expressed his desire to see an extension of the pedway through the Villages of Seaport and the Shorewood and Solana Condominiums. City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2001 Page 4 Mayor Randels expressed that he met with the residents of Ocean Oaks and related that they would be in support of a project that is not adjacent to their living area. Mayor Pro Tem Petsos requested a detailed breakdown of the design costs. He also queried the looping denoted in the reuse line. Mr. Pekar submitted data for Mayor Pro Tem Petsos' review and related that permitting with the St. John's Water Management District was also necessary. Mayor Pro Tem Petsos asked if permitting was necessary for a project of this size. Mr. Pekar responded that permitting was in the best interest of the City. Mr. Nicholas asked if pervious cement could bypass the permitting process. Mr. Pekar responded that pervious cement would incur excessive maintenance. Mr. Boucher recommended setting a $5,000 limit for Stottler, Stagg to proceed with the design concept after meeting with the public. Mr. Boucher recommended input from the Beautification Board on the project. Mr. Nicholas suggested including the Planning and Zoning Board as well since this would direct a level of traffic through single-family residential neighborhoods. Mr. Nicholas expressed concern with dead -ending the project in the Harbor Heights area and he asked the Council to consider the project in the entirety of its scope. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. RESOLUTIONS: 8. Motion to Adopt: Resolution No. 01-13; Appointing a Regular Member to the Beautification Board. Mayor Randels read Resolution No. 01-13 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Petsos and seconded by Bruns to approve Resolution No. 01-13 inserting the name Paula Collins with a term to expire on November 1, 2003. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. 9. Motion to Adopt: Resolution No. 01-14; Re -Appointing Members to the Business and Cultural Development Board. Mayor Randels read Resolution No. 0 1 -14 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE BUSINESS AND CULTURAL City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2001 Page 5 DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Weber to approve Resolution No. 01-14 reappointing Jovan Barzelatto, Craig Smith and Jacqueline Coates to the Business and Cultural Development Board with terms to expire on June 1, 2003. The motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For; and Mr. Weber, For. REPORTS: City Manager • Mr. Boucher reported on P2000 grant funding. Mr. John Porter made a request to donate funds toward grant preparation costs. Council agreed by majority to pursue the grant. • Mr. Boucher reported on research results in using a baffle box on Holman Road as well as International Drive. He related that the City would need to implement this project by fiscal year 2002 in conjunction with the collection of a stormwater utility. Council agreed by majority to pursue grant funding for a baffle box on International Drive. • Mr. Boucher announced the Public Works Open House on Saturday, May 19th from 10 A. M. to 2 P.M. and a dedication of Thurm Blvd. on May 23rd at 2 P.M. • Mr. Boucher reported on the reuse agreement with the Canaveral Port Authority. Attorney McQuagge did not recommend pursuit of an agreement at this time. Mayor Randels clarified that under the terms of the temporary agreement with the Port, reuse would be provided on a priority basis after distribution to Canaveral users first and second to the City of Cocoa Beach. The consensus of the Council was no new agreement with Canaveral Port Authority until the resolution is final with the City of Cocoa Beach. Mr. Bruns • Mr. Bruns reported that Cape View Elementary received another A rating this year and commended the school on their exemplary efforts. Mr. Bruns left the meeting at 8:30 P.M. 2. Staff Mr. Gardulski • No report Sargeant Barker • No report Mr. Pekar 0 No report City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2001 Page 6 City Clerk • No report City Attorney • Attorney McQuagge reported on the status of the fireworks code in that he is awaiting a response from the State Attorney's office. In anticipation of an adverse or untimely response, he is proposing an ordinance addition that reflects the language in the Brevard County code and making it jurisdiction specific to the City. • Attorney McQuagge also reported on the interlocal agreement from the City of Cocoa Beach in that he is awaiting response from the Cocoa Beach City Manager, City Commission or City Attorney. He related that he would seek an opinion on mediation or inquire if mediation is required due to time deficiencies under the Florida Statutes Section 164. 3. City Council Mr. Weber • Mr. Weber reported that 3,000 mangroves were planted at Manatee Sanctuary Park in an unscheduled project in April. Mr. Treverton • Mr. Treverton reported that he spoke with Mr. Paul Eaton regarding his non-compliant right-of-way following the last City Council meeting • Mr. Treverton related that the one of the main concerns of the third grade class was installing continuous sidewalks throughout the City. • Mr. Treverton related that he would like to see the City Council members use laptop computers. Council agreed by majority for funding in this year's budget. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos referred to the news article on signs at the Port. He requested further research of the proposed signage at the interchange. • Mayor Pro Tem Petsos requested approaching the Port for contributions to the intersection on North Atlantic and Central Blvd. • Mayor Pro Tem Petsos asked if P2000 grant funding is being considered for the 8.5 - acre parcel on Central Blvd. • Mayor Pro Tem Petsos expressed concern with the City's proposed funding, maintenance and tax roll removal of a piece of property in the hospital mitigation implementation. Mayor Randels • Mayor Randels reported that he was provided with travel information through the Internet at the library. • Mayor Randels related that the first DEOMI (Department of Defense Military and Civilian Sector Defense Equal Opportunity Management Institute) was hosted at the Radisson Conference Center. City of Cape Canaveral, Florida City Council Regular Meeting May 15, 2001 Page 7 • Mayor Randels reiterated on the award presented by the Brevard MPO and he also responded to an alleged comment regarding the Port Authority signs in that the City had no jurisdiction on a Florida Department of Transportation right-of-way. • Mayor Randels asked about the City's hotline number: 537-5555 to report non- emergency issues. Mayor Pro Tem Petsos responded that the number's use was discontinued. • Mayor Randels asked for the status of the operating plant renewal. Mr. Gardulski reported that the application was submitted. • Mayor Randels reported that Mr. Hugh Dalton removed Brazilian peppers on Center Street. Mr. Boucher suggested presenting him with a Mayor's Certificate. • Mayor Randels reported that owner of the vacant lot on Adams and Rosalind Avenue cleared the lot and improved the appearance. • Mayor Randels reported that he found a group of high school students in an outreach program who are available to work on community projects during the last week of June in Cape Canaveral. • Mayor Randels noted that the City Code is now under review. • Mr. Treverton questioned further discussion on purchasing the Building across from City Hall. The consensus of the Council was a long-range plan for overall facilities utilization. AUDIENCE TO BE HEARD: Mr. Leo Nicholas Mr. Nicholas announced the Memorial Day activities at the V.F.W. post on Monday, May 28th with a balloon launch to commemorate deceased veterans. He informed Council that they would be formally invited and given an itinerary. He also informed that this event is in addition to the service in Veterans Park on May 30tH Mr. Nicholas acknowledged Ms. Mannie Lockman who lobbied City Council to establish bicycle paths in the past. Mr. Nicholas asked if the City received a response from Mr. Stottler. Mr. Boucher responded that his legal counsel acknowledged receipt of correspondence from our City Attorney and said that he would reply. Mr. Boucher will confer with counsel on the matter. ADJOURNMENT: There being no further business a motion was made by Mr. Bruns and seconded by Mr. Weber to adjourn the meeting at 9:15 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 06-05-01 AGENDA Heading Consent Item 2 No. City Council made this an objective during our visioning workshops. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSAL FROM CAPE CANAVERAL SCIENTIFIC, INC. TO PREPARE (3) FLORIDA FOREVER GRANT APPLICATIONS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the proposal from Cape Canaveral Scientific, Inc. to prepare (3) Florida Forever Grant applications in the amount of $22,920. Summary Explanation & Background: The Recreation Board recommended these (3) parcels at their 05-21-01 meeting. Proposal #1 — 8.46 acre site located at the S/W corner of the intersection of W. Central Blvd. and N. Atlantic Ave. City Council made this an objective during our visioning workshops. Proposal #2 — 2.76 acre site located adjacent to the southern boundary of Cape Shores and its length from the Banana River to SR A IA. Proposal #3 — 1.58 acre site located adjacent to the Harbor Heights dune crossover. Mrs. Amy Adams of Cape Canaveral Scientific will be in attendance to answer any questions you may have. Funds need to be appropriated with general fund reserves. Exhibits Attached: Three (3) proposals. City Mana Mice Department LEGISLATIVE cape-nt\kcume is\admin ,meeting\2001\06-05-01\grants.doc Cape Canaveral Scientific, Inc. 220 Surf Road, Melbourne Beach FL 32951, (321) 722-1151 aadams(ggate.net FAX TRANSMISSION May 25, 2001 Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral FL 32920-0326 Fax: (321) 868-1224 4 pages sent RE: Estimates for services for the preparation of 3 FCT grant applications Dear Mr. Boucher: Attached is three Estimates for Services for preparing and submitting three different parcels for land acquisition to the Florida Communities Trust (FCT ) grant program for the 2001-2002 grant cycle. We will not know if all three will be submitted until we complete the plant and ecological assessment surveys for the each site. These surveys provide us with information needed to determine whether to submit a full application. As you may know, our firm has prepared award-winning FCT grants in the past, has presented projects to the FCT review board for award, and is on FCT's list of recommended grant writers for the Brevard County region (to confirm call Ed Eckstein at 850-922-1705.) We look forward to working with your city in submitting this project for funding. Please let me know if I can answer any questions, you may reach me at 722-1161. Sincerely, 4ACM IS' Amy Adams President Attachments 3 Estimates Cape Canaveral Scientific, Inc. 220 Surf Road, Melbourre Beach FL 32951, (321) 722-1161 aadams@gate.net ESTIMATE OF SERVICES PER GRANT APPLICATION FOR 8 -ACRE PARCEL BETWEEN A1A AND ATLANTIC STREET Grant Writing Services Rendered Gather information and review city comprehensive plan for relevant proposal information; 10 hours @$65.00/hour $ 650.00 Write a draft and final application for submittal, including gathering support letters and documentation; 60 hours @ $65.00/hour $3,900.00 Prepare final proposal copies, duplication of color photographs, etc.., and bind proposal for grant submittal-, 8 hours $65.00/hours $ 520.00 copies, binding, mail $ 320.00 Grant Writing Services Total $5,390.00 Ecological and Plant Surveys & Services Rendered To submit the application 2 ecological surveys must be completed including: Plant survey per site Ecological survey and analysis per site Ecological and Plant Surveys Total $ 750.00 $500.00 $2,250.00 GRAND TOTAL ESTIMATE COST $7,640.00 Page 1 of 1 lick Action: Parcel Info 7 Distance View Decrease z«>,1, Bar v1�1, Ru1c.e; Im,ear • Map I- Aerial Change Q°1 _ Locate ° Parcel ID Locate" Zoom to 0.61 a°s ° CC6 Coun� Go i J.,�) Printable Version- - 6 - Map , Preview 604,1 6 °ate_ 6°e f°$ fi07 f) -Check below then Update 609 r Parcels r GolfCourses Schools r Libraries r'- RoadNames f Sections j 6„ r'- Water Update http://205.172.172.144/scripts/esrimap.dll?Name=Brevard 1 &Cmd=zoom8&Parcels= 1 &Road05/09/2001 Brevard County Property Appraiser-- Online Real Estate Property Card 41M 119X4 G.F.A. lk4wt* ARJ?J'•js-,Wr. Isx4K C_Qanty,, In [Homej [Meet Tim Ford [FAQ] GcneraI Ind Save Our Homes [Exemptions) [Contact UsJ [Forms [Appeals] [property Research] [Map Search] [Mqps & Data] [Unusable Pro ert Tax Authorities] [What's New Lin tks General Parcel Information for 24-37-14-28-00000.0-OOOE.02 Page 1 of 2 Parcel Id: Owner Information SUPRA COLOR Owner Name: ENTERPRISES INC Second Name: Homestead Exemption: $0 Mailing 1980 N ATLANTIC AVE Address: N24-37-14-28-00000.0- MapMillage Code: 26G_ 0Exemption: COCOA BCH, FL 32931 Use Code:E.02 1.000 Property Address: JjTax Account: 2429695 Owner Information Value Summary for 2000 * Market Value: SUPRA COLOR Owner Name: ENTERPRISES INC Second Name: Homestead Exemption: $0 Mailing 1980 N ATLANTIC AVE Address: #704 City, State, ORB 562 PG Zipcode: COCOA BCH, FL 32931 Value Summary for 2000 * Market Value: $230,050 Agricultural Assessment: $0 Assessed Value: 71 $230,050 Homestead Exemption: $0 Other Exemptions: $0 Energy Exemption: $0 Taxable Value: $230,050 Legal Description View -Plat (requires Adobe Acrobat_Reader- lie size Reader-liesize may _be_large) Land Information Acres: —� 8.46 Lots/Units: Plat Front Feet: LOT E W OF Book/Page: TEUTONS ST RD EX 0001/0022 SUBD ORB 562 PG No No 623 View -Plat (requires Adobe Acrobat_Reader- lie size Reader-liesize may _be_large) Land Information Acres: —� 8.46 Lots/Units: F 0 Front Feet: F 0 Depth: F_ 0 Site Code: 341 Land Value: $230,050 * This is the value established for ad valorem purposes in accordance with s. 193.011(1) and (S), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Book/Page Sale Date Sale Amount Deed Type 2323/2855 9/1981 $170,000 WD 11759/1044 7/ 1977 $100 No Extra Feature Information Pool Fireplace Fence Driveway Lawn Irrigation Shed Dock Seawall Other No No INo No No No No No /Show_parcel.asp?acct=2429695&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&105/09/2001 Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 J-im, For,d:, Q-F.A- P40,perty, Property Appraiser Br.evardt County,, FI ,o F,eSse.�;CC,Lh Rtl APPA! Home [Meet Jim Fordl LFA-Qj [General Info] [Save Our Homesl [Exemptions) [Contact Usl Tormsj rAppeals] [Property Researchl (Map Search] (Maps & Datal [Unusable Propenyl [Tax Authoritiesl f What's Newl Links General Parcel Information for 24-37-14-28-00000.0-OOOE.02 Parcel Id: Owner Information Owner Name: V24-37-14-28-00000.0- Map Millage Exemption: ❑Code: ❑ Use Code:.02 $0 Property Address: ]Account: Tax 2429695 Owner Information Owner Name: SUPRA COLOR ENTERPRISES INC Second $0 Mailing1#704 1980 N ATLANTIC AVE Address: $0 City, State, Zipcode: OCOA BCH, FL 32931 Fc Value Summary for 2000 * Market Value: $230,050 Agricultural Assessment: $0 Assessed Value: $230,050 Homestead Exemption: $0 Other Exemptions: $0 Energy Exemption: $0 Taxable Value: $230,050 Legal Description View Plat (requires Adobe Acrobat Reader - file size may be lame) Land Information A cres: 8.46 LOT E W OF Plat TEUTONS ST RD EX Book/Page: SUBD ORB 562 PG 0001/0022 Land Value: 623 View Plat (requires Adobe Acrobat Reader - file size may be lame) Land Information A cres: 8.46 Lots/Units: 0 Front Feet: IF 0 Depth: 0 Site Code: IF 341 Land Value: $230,050 *This is the value established for ad valorem purposes in accordance with s. 193.011(1) and (S), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR We Sale Deed Book/Page Date Amount I Type 2323/2855 9/1981 $170,000 WD 1759/1044 7/1977 $100 0 Extra Feature Information Pool Fireplace FenceI Drivewayll Lawn Irrigation Shed Dock Seawall Other No No jNo No No No No 0 ./Show_parcel- asp?acct=2429695 &gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&105/09/2001 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 Tax Levied by Taxing Authorities for 2000 Taxing Authorities Taxes Billed Ad Valorem County —� $1,165.30 School $2,049.29 City/MSTU �— $460.19 Water Management $108.58 SP District $9.43 Debt Payment $106.28 Total Ad Valorem $3,899.07 Fee Agencies Fees Billed Non Ad Valorem SW Disposal 11 $0.00 SW Collection —� $0.00 Recycling $0.00 EMS -Ambulance $0.00 Storm Water $0.00 HPK/BFOOT =1 $0.00 WTR Control $0.00 Total Non Ad Valorem $0.00 Total IL $3,899.07 Data Last Updated: Tuesday, April 17,2001- Printed On: Wednesday, May 09, 2001. New Search J Help Homy [General Info] [Meet Jim _Ford] [Exemptions] [Save Our Homes] [Contact_Us� [Property Research] Lther Links] [Mas & Data][Appeals] Copyright © 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results ./Show_parcel.asp?acct=2429695&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T& 05/09/2001 Cape Canaveral Scientific, Inc. 220 Sur" Road, Melbourne Beach FL 32951, (321) 722-1161 aadams@gate.net ESTIMATE OF SERVICES PER GRANT APPLICATION FOR 3 -ACRE PARCEL AIA TO BANANA RIVER Grant Writing Services Renderect Gather information and review city comprehensive plan for relevant proposal information; 10 hours @$65.00/hour $ 650.00 Write a draft and final application for submittal, including gathering support letters and documentation; 60 hours @ $65.001hour $3,900.00 Prepare final proposal copies, duplication of color photographs, etc.., and bind proposal for grant submittal; 8 hours $65.00/hours $ 520.00 copies, binding, mail $ 320.00 Grant Writing Services Total $5,390.00 Ecological and Plant Surveys- & Services Rendered To submit the application 2 ecological surveys must be completed including: Plant survey per site Ecological survey and analysis per site Ecological and Plant Surveys Total $ 750.00 $1,500.00 $2,250.00 GRAND TOTAL ESTIMATE COST $7,640.00 Page 1 of 1 http://205.172.172.144/webmap/temp/graFrame200105301311466735.html 05/30/2001 Brevard County Property Appraiser-- Online Real Estate Property Card fl Ionic) )beet Jim Ford] IFAQ1 [6cncial 111161 fSaNe Oui IIonics] 117Xe p tionsl [Contact Its] )Forms] [Appeals] f Property Research] [Mal) Searchl flaps & Data] f t,nusable Piopertyl [Tax Authorities] f What's Aewl fLmks] General Parcel Information for 24-37-26-00-00251.0-0000.00 Page 1 of 2 24-37-26-00- Map Millage Parcel Id: ❑ 26G0 Exemption: 1_ Use Code: 819 00251.0-0000.00 Code: Property 117 CAPE SHORES DR, CAPE CANAVERAL, FL 32920 Tax 2436768 Address: Account: Owner Information Owner Name: LACHANCE, EDWIN T Assessed Value: ACHANCE, BILLIE C Second Name: rHJW/W Mailing 117 CAPE SHORES DR Address: S City, State,CAPE JFL CANAVERAL, Zipcode: 32920 Value Summary for 2000 * Market Value: $230,110 Agricultural Assessment: $0 Assessed Value: $230,110 Homestead Exemption: $25,000 Other Exemptions: $0 Energy Exemption: $0 Taxable Value: $205,110 Legal Description N 160 FT OF LOT 1 SEC 27 & S 40 FT OF LOT 3 SEC 22 & S 40 FT OF LOT 4 SEC 23 W OF ST RD & N 160FT OF LO'I 1 SEC 26 W OF ST RD & PT AS DES IN ORB 2534 PG 1090 EXC DB 316 PG 172,ORB 2534 PG 1086, Land Information Acres: 2.76 Lots/Units: 2 Front Feet: 72 Depth: IF 125 Site Code: 110 Land Value: $188,250 * This is the value established for ad valorem purposes in accordance with s. 193.0 t 1(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Book/Page I Sale Date I Sale Amount Deed Type 2967/1848 12/1988 $100 Vl'D 2534/1090 8/1984 $20,0000 0305/0153 Building Information PDC [u—see Year Stry Exterior Interior Ropof Roof Floors Ceiling # CodBuilt Height Code Code Type Mater. [CodeCode 11 21 .../Show�arcel.asp?acct=2436768&gen=T&tax=T&bld=T&6th=T&sal=T&ln –T&leg=T&(05/3 001 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 Building Area Information t Area Area Porches Port Porches Rooms Porch Basements Attics Base Area F—T -- 784 Debt Payment F $94.76 Total Ad Valorem $3,476.37 784 0 1386 00 598 0 320 000 1386 Extra Feature Information PoolI Fireplace FenceI Driveway ji Lawn Irrigation Shed Dock Seawall Other No No No Yes 11NO City/MSTU Yes Yes No No Tax Levied by Taxing Authorities for 2000 Taxing Authorities Taxes Billed Ad Valorem County $1,038.96 School $1,827.12 City/MSTU $410.31 Water manage I $96.81 SP District $8.41 Debt Payment F $94.76 Total Ad Valorem $3,476.37 Fee Agencies Fees Billed Non Ad Valorem SW Disposal $112.00 SW Collection $0.00 Recycling $0.00 EMS -Ambulance $104.97 Storm Water $0.00 HPK/BFOOT $0.00 WTR Control 1 $0.00 Total Non Ad Valorem $216.97 Total IL $3,693.34 Data Last Updated: Monday, May 07, 2001- Printed On: Wednesday, May 30, 2001. � SrC 1•llp= [Home] [General Into] [Meet Jim Ford] [Exemptions] [Save Our Homes] [Contact L's] [Property Research] [Other Links] [Maps & Data][Appeals] Copyright c 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results IX /Show�arcel.asp?acct=2436768&gen=T&tax=T&bid=T&oth=T&sa = = 05/30/2001 Gape Canaveral Scientific, Inc. 220 Surf Road: Melbourne Beach FL 32951, (321) 722-1161 aadams@gate.net ESTIMATE OF SERVICES PER GRANT APPLICATION FOR 1.5 -ACRE PARCEL ON OCEANFRONT Grant Writing Services Rendered Gather information and review city comprehensive plan for relevant proposal information, 10 hours @$65.00/hour $ 650.00 Write a draft and final application for submittal, including gathering support letters and documentation; 60 hours @ $65.00thour $3,900.00 Prepare final proposal copies, duplication of color photographs, etc.., and bind proposal for grant submittal; 8 hours $65.001hours $ 520.00 copies, binding, mail $ 320.00 Grant Writing Services Total $5,390.00 Ecological and Plant Surveys & Services Rendered To submit the application 2 ecological surveys must be completed including: Plant survey per site Ecological survey and analysis per site Ecological and Plant Surveys Total $ 750.00 x,500.00 $2,250.00 GRAND TOTAL ESTIMATE COST $7,640.00 ar y �Sn L t3 .ick Action: I Parcel info View �tl Distance 0 D,�s �cr�e Z(x)rr% Bar'ALuaVj l ew Ran Map t- Aerial gt; IfIcr ease I I I Locate Parcel IDLCtt Zoom to Brevard County Printable Version Map 7 Preview Page I of I Check below then Update F Parcels F- GolfCourses ; r- Schools F- Libraries F RoadNames F- Sections 2437-14-00-06020.0-0000.00 Water 413 http://205.172.172.144/webmap/temp/gaFrame2OOlO5301313097505.html 05/30/2001 Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 II tome] [heel Jim Ford] [FAQ] tGenctal Info] ISaNe Oui Monies] tF:xcmptionsI tCon tact Cis] [Forms] tAppeal� IYroperty Rose archI IMap Search] Ibtaps & Data] [l_nus able Piopertyl Lax Aut1101ilieS] [What's N-1 [Links General Parcel Information for 24-37-14-00-00020.0-0000.00 V24-17-14-00-00020.0-1 �Mildlage Map26G0Exemption:� Use Code: _ oe: Parcel Id: Property Address: Tax F 4 Mailing 3850 S BANANA Address: RIVER BLVD Property Address: Tax F 4 Owner Information Owner Name: DIMENNA, RONALD E Second Name: Agricultural Assessment: Mailing 3850 S BANANA Address: RIVER BLVD City, State,COCOA Other Exemptions: Zipcode: 7 BCH, FL 32931 Value Summary for 2000 * Market Value: $184,300 Agricultural Assessment: $0 Assessed Value: $184,300 Homestead Exemption: $0 Other Exemptions: $0 Energy Exemption: $0 Taxable Value: $184,300 28414 Account: Legal Description S 97 FT OF LOT 3 LYING E OF RIDGEWOOD AVE AS DES IN DB 99 PG 5 Land Information Acres: 1.58 Lots/Units: 0 Front Feet: 97 Depth: 710 Site Code: 120 Land Value: IF $1841300 * This is the value established for ad valorem purposes in accordance with s. 193.01 I(l) and (8). Florida Statutes. This value does not represent anticipated selling price for the property. Sales Information OR Book/Page Sale Date Sale Amount Deed Type 2809/0638 6/1987 $100E QC 0978/0710 $15,500 Extra Feature Information Pool 11 Fireplace Fence Driveway Lawn Irrigation Shed Dock Seawall Other l�T� No No No No No No No No ../Show_parcel. asp?acct=2428414&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T&(05/30/2001 Brevard County Property Appraiser-- Online Real Estate Property Card Page _ Tax Levied by Taxing Authorities for 2000 Taxing Authorities Taxes Billed Ad Valorem County $933.55 School $11641.74 City/MSTU $368.68 Water Management $86.99 SP District $7.56 Debt Payment 11 $85.15 Total Ad Valorem $3,123.67 Fee Agencies Fees Billed Non Ad Valorem SW Disposal $0.00 SW Collection $0.00 Recycling EMS -Ambulance F $0.00 Storm Water =1 $0.00 HPK/BFOOT $0.00 WTR Control $0.00 Total Non Ad Valorem $0.00 Total L $39123.67 Data Last Updated: Monday, May 07,2001- Printed On: Wednesday, May 30, 2001. New Search:' Help [Home] LGeneral In_fol LMeet Jim Forte [Exemptions] [Saye Our Homes] [Contac� [11ropertyResearch] LOther Linksj Ma s R DatajLAMea(sj Copyright t 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results c .../Show_parcel.asp?acct=2428414&gen=T&tax=T&bld=T&oth=T&sal=T&Ind=T&leg=T& 05/30/2001 Meeting Type: Regular Meeting Date: 06-05-01 AGENDA Heading Consent Item 3 No. Last year's cost was $3,008. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT AGENDA: SCHOOL RESOURCE OFFICER AGREEMENT WITH THE CITY OF COCOA BEACH DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of the 2001/02 School Resource Officer Agreement with the City of Cocoa Beach in the amount of $3,204.06. Summary Explanation & Background: The City of Cape Canaveral would be funding 18.98% of the 50% school board match. Cocoa Beach Officer Patricia Wilmer is designated as the SRO for this period. Last year's cost was $3,008. Exhibits Attached: SRO Agreement; SRO Activity Reports dated 4-30-01 and 05-21-01 Cit` Mans Mce Department LEGISLATIVE y cape- y docu ents admi I,meetin ,20 -50-01\SRO.doc POLICE DEPARTMENT City of Cocoa Beach, Florida P.O. Box 322430 20 South Orlando Avenue COCOA BEACH, FL 32932-2430 May 18, 2001 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Av. Cape Canaveral, Fl. 32920 Mr. Boucher, GOCOq ti 1 ,0, , k (321) 868-3271 FAX (321) 868-3205 wwwci.cocoa-beach.A.us I have enclosed two copies of the School Resource Officer contract for school year 2001/02 for you to present to your City Commission for approval and signatures. Also enclosed is the projected SRO salary including possible pay increases for the upcoming fiscal year. Please return one copy to our department when approved and signed. Thanks for all your cooperation this past year. If you have any questions please contact me at 868-3204. Sin , Don Gardner Major AGREEMENT THIS AGREEMENT, dated this, by and between THE CITY of CAPE CANAVERAL, hereinafter called CAPE CANAVERAL and the CITY of COCOA BEACH, hereinafter called COCOA BEACH. WITNESSETH: WHEREAS, the Brevard County School Board has implemented the School Resource Officer Program, and; WHEREAS, the School Board shares the cost of implementing the program with the Municipalities of Brevard County, and; WHEREAS, Cocoa Beach and Cape Canaveral determine that the School Resource Officer Program is in the best interest of the school system and both communities, and; WHEREAS, Cocoa Beach and Cape Canaveral desire to share the cost of the School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach Junior/Senior High School; and whereas the program would cover a period of not more than 190 school year days, and; NOW, THEREFORE, for good and valuable consideration CAPE CANAVERAL and COCOA BEACH agree that the following terms, stipulations and covenants as outlined herein and, by reference, made part hereof, shall govern the responsibilities of each party. 1. The agreement will commence on August 6, 2001 and will terminate on May 22, 2002, unless finther continued by mutual agreement of both parties. By April 27, 2002 CAPE CANAVERAL and COCOA BEACH will open discussions regarding renewal for the 2002-2003 school year. 2. CAPE CANAVERAL agrees to provide eighteen and ninty eight hundredths percent (18.98%) of the municipalities share of the School Resource Officer's salary, benefits, equipment, uniforms, and overtime during the term of this agreement. Per the agreement between COCOA BEACH and the BREVARD COUNTY SCHOOL BOARD, the municipalities pay fifty percent (501/6) of the School Resource Officer cost. For the contract period of August 6, 2001 through May 22, 2002, payment will be $3,204.06 as outlined in exhibit III. Payment shall be made to COCOA BEACH in two equal installments of $1,602.03 according to the following schedule: February 11, 2002, and June 3, 2002, subject to proration based on the date of implementation. 3. CAPE CANAVERAL has designated City Mayor Rocky Randels and COCOA BEACH has designated the Cocoa Beach Chief of Police for the purpose of implementing the terms of this agreement. 4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the attached Exhibits I and II, which are attached hereto and, by reference, made part hereof. 5. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such, from all claims, damages, injuries, fines, and costs, including expenses and attorney's fees which either party may become obligated to pay resulting from or in any way connected to errors or acts or omissions of employees of either parry's performance relative to the terms of this agreement. 6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 7. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 8. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA Beach. 9. The parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all duties as required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 11.A report of the School Resource Officer activity will be provided to CAPE CANAVERAL on a calendar quarterly basis. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. THE CITY OF COCOA THE CITY OF CAPE BEACH, FLORIDA CANAVERAL, FLORIDA Charles Billias City Manager ATTEST: By: Lorendana Kalaghchy City Clerk 0 Bennett Boucher City Manager ATTEST: U-12 Susan Stills City Clerk Approved as to form and Legal sufficiency By: Nichloas Tsamoutales City Attorney ATTACHMENTS: Exhibit I- Goals of SRO Program Exhibit II- Guidelines of SRO Program Exhibit III- Cost of SRO Program EXHIBIT II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES BREVARD COUNTY SCHOOL SYSTEM 1. The school resource officer (SRO) is a City of Cocoa Beach police officer, responsive to the Chief of Police's chain of command and shall remain an employee of the City of Cocoa Beach. They shall report to the school Principal daily and the Principal shall have input in their evaluation. 2. The SRO shall be interviewed by a committee in which the Principal or their designee is a participant. The final selection is by the Chief of Police with mutual consideration on the part of the Principal. 3. The determination as to when the SRO will wear their uniform shall be defined by the Chief of Police and the Principal. 4. The Principal has the authority to request the reassignment of the school resource officer from their duties at school. The SRO may be reassigned from their position at their assigned school after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The Principal will recommend to the Area Superintendent that the SRO be removed from the program at their school, stating the reasons for the recommendation in writing. A copy of that recommendation must be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any problem that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be reassigned from the program at that school and a replacement will be selected. Page Two (2) SRO Guidelines C. The Principal or any other school board employee shall report all allegations of improper conduct to the SRO's immediate supervisor or to the Internal Affairs function. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. However, the Principal may request reassignment during that investigation. 5. The SRO has the authority to request review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. That request should be directed to the SRO's immediate supervisor and the Principal. A copy of that request must also be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the request for review from the SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then an alternative action will be taken. 6. It shall be the responsibility of the City of Cocoa Beach to provide all salary payments and benefits of the agency to the SRO. The School Board shall reimburse the City for salary and fringe based upon the amount stipulated in the agreement. If a substitute officer is required, the School Board shall reimburse the city for actual cost for that substitute officer consistent with the agreement. 7. The SRO's normal work year shall be the same as the normal teacher work year with an additional alternative for five days of planning prior to the teacher work year and five days of critique and review following the teacher work year. 8. A formal written plan of action with regard to the community policing philosophies will be presented and discussed with the Principal, Chief of Police, SRO and other appropriate personnel prior to the first day students arrive. This plan must include duties for the five days prior and five days after teachers are on campus if that alternative option is selected, as well as the number of hours that the SRO will provide in classroom instruction. Page Three (3) SRO Guidelines 9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan of action and provide summary evaluation concerning the SRO's progress not less than one time per semester. Additional meetings may be requested by the Principal or the SRO to review the progress of the plan of action. 10. The SRO shall be assigned specifically to the school, five days per week during the school year. Unless it's an extreme emergency, the SRO will not be called away from school by the law enforcement agency. If the SRO is called away from the school for a substantial portion of the school day, the SRO shall notify the Principal and provide the Principal with an alternative means of contacting the appropriate law enforcement agency. If the SRO is called away from the school for more than a school day, the city should make every reasonable effort to provide a substitute officer. 11. The SRO may be assigned to provide supplemental instructions at the discretion of the Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to in - class SRO presentations will be used as a guide. 12. At the request of the Principal, the SRO may train school personnel in interview techniques, investigation skills and related matters. It is preferred that the school resource officer make parent contact prior to participating in a student disciplinary meeting. The SRO may engage a student for the purpose of completing a Referral Form. 13. The SRO may be assigned by the Principal to supervisory duties during or after regular school hours so long as they do not conflict with police department policy or the bargaining agreement between the city and police officers. These after school activities will be under the supervision of school personnel. The School Board will be responsible for 50% of all overtime expenditures directly related to the daily activities of the SRO, not to exceed the budgeted amount contracted between the Brevard County School Board and the employing agency. [This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required.] 14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the school administration and police department. Both police and school administrative procedures shall be followed. In the event they conflict, police procedure shall prevail. The SRO shall avoid making arrests on school grounds unless under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper police procedure. The SRO should coordinate arrest and other operational strategies with the Principal if at all possible. 15. The Principal, with the concurrence of the law enforcement agency, may assign the SRO to sponsor extracurricular events and chaperone field trips or other school activities so long as these assignments do not result in non -approved overtime expenses charged to the police department. Page Four (4) SRO Guidelines 16. The SRO will integrate with students in the following ways: between class breaks and during lunch periods, and will patrol neighborhood areas after school if necessary. 17. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support personnel, to solicit their support and understanding of the program. 18. The SRO should be familiar with all community agencies which offer assistance to delinquent youths, such as: mental health clinics, drug treatment centers, etc., making referrals when necessary and acting as a resource person to the Principal. 19. At the request of the Principal or other school staff, the SRO shall take appropriate action against individual trespassers who appear at school and at school related functions. 20. Should it become necessary to conduct formal police interviews with students, law enforcement policy will be followed, parents shall be notified and coordination made with the Principal. 21. The SRO shall submit bi-monthly reports of their activities to be reviewed by the Principal and the SRO command staff which shall include all overtime activities [including hours] as approved by the Principal. 22. At any time during the school year when students are not in school, or at the conclusion of the contract period, the SRO shall be assigned other duties by the Chief of Police. 23. The SRO shall comply with the provisions specified in Section Florida Statute 230.2318 (School Resource Officer Program). OFFICER SALARY - 2001/2002 COST PROJECTION Officer Patricia Wilmer Annual Regular Salary @ 14.78 hr Holiday Pay @ 88 hrs * hrly wage Uniform Allowance Life Insurance @ fixed rate Medicare @ 1.45% Pension - Police @ 21.40% Social Security @ 6.2% Workers Compensation @ 7.68% TOTAL COMPENSATION (Hourly wage based on 2080 hours) (includes projected $.60 per hr increase plus 5% increase) $21.10 Cost of SRO for 190 Days (190 Days * 8 hrs * 21.10) Overtime (5% of 190 days = 76 hrs OT ) TOTAL COST FOR SCHOOL YEAR SCHOOL BOARD FUNDING (50% of Total Cost for 190 Days) MUNICIPALITIES FUNDING City of Cocoa Beach City of Cape Canaveral (% of 1/2 Total Cost for School Year) 81.02% (Total Comp. Less Total Cost for School Year) (% of 1/2 Total Cost for School Year) 18.98% $30,732.00 $1,300.20 $300.00 $33.60 $468.82 $6,919.09 $1,651.52 $2,483.11 $43,888.34 $32,072.25 $1,684.3 $33,756.60 16,878.30 13, 674.24 10,131.74 23,805.9 3,204.06 The Municipal cost sharing is based on total student population of 1259 students and with 239 students (19.63%) residing in the City of Cape Canaveral, FL. 5/4/2001 SRO_Milmer cost School Resource Officer Program 2001102 - Brevard County Wages & Benefits - Officer Patricia Witmer Regular Salary $30,732 Holiday Pay @ 88 hrs * hrly wage $1,300 Uniform Allowance $300 Life Insurance @ fixed rate $34 Medicare @ 1.45% $469 Pension - Police @ 21.40% $6,919 Social Security @ 6.2% $1,652 Workers Compensation @ 7.68% $2,483 Total Expense $43,888 Hourly total $21.10 Daily Total $168.80 Salary for 190 days $32,072.25 Overtime @ 5% of 190 days * 8 hrs 76 hours Overtime Expense $1,684 Total Salary + OT $33,756.60 Brevard County Total Cost $16,878 Cocoa Beach Total Cost $16,878 $14.78 Hourly $22.16 OT rate based on proposed mid -year FY01 $.60 per hr. increase, plus 5% increase for FY02 5/4/2001 SRO_Mlmer cost Cocoa Beach Junior/Senior Hiah School School Resource Officer Plan of Action - 2001/2002 This plan of action for the 2001-2002 school year is specifically designed for Cocoa Beach Junior/Senior High School. This plan will support the students, staff, parents and the community surrounding the High School. This plan is based on the current SRO contract, applicable state statutes, and concepts as provided in the approved Attorney General training for SROs. I. FAMILIARIZATION A. The SRO will make themselves familiar with the school surroundings and the staff with whom they will be working. The SRO will become familiar with school policies and procedures. This will be an opportunity for the SRO to organize the SRO office. Review/Evaluation will be received through feedback from SRO, staff members, Principal, and Chief of Police. 2. This process begins five (5) days prior to school starting. II. FACULTY IN-SERVICE TRAINING A. The staff of the school should be trained with regard to techniques for handling potentially harmfW situations for students and staff. Staff should also be instructed in interviewing techniques. 1. Review/Evaluation: By Faculty feedback and discussion with principal following the training. 2. Estimated time commitment: two (2) to four (4) hours III. REPORT WRITING/CITATIONS A. The SRO will take reports in regards to criminal activities, writing citations for court appearances. 1. Review/Evaluation: will be conducted by the faculty, staff Principal and Chief of Police. 2. Estimated time commitment: 5% IV. STUDENT SUPERVISION A. The SRO will supervise the student activities at various locations at the school and other locations as directed by the Principal and Chief of Police. Effectiveness will be reviewed and evaluated by School Staff and Chief of Police. 2. Estimated time commitment: 30% V. CLASSROOM HOURS A. The SRO may instruct classes and coordinate guest lectures at the invitation of staff. 1. Review/Evaluation: Feedback from faculty and discussion with input from the Principal. 2. Estimated time commitment: 10% IV. SCHOOL ATTENDANCE/TRUANCY INTERDICTION A. The SRO will monitor the attendance of students to identify patterns of absenteeism and/or identify those students who may be involved in criminal activity. This information should be passed on to other agencies to assist in school attendance. 1. Review/Evaluation: conducted by staff, police feedback and referrals. 2. Estimated time commitment: 17% VI. ATTENDANCE OF SCHOOL ACTMTIES A. The SRO must attend a multitude of school functions and activities. These activities may include sporting events, pep rallies, dances, etc. 1. Estimated time commitment: 5% VII. INDIVIDUAL, GROUP AND PARENT COUNSELING A. Discussion: There will be times when the SRO will be involved in the counseling of students, parents or both. This will be independent and in conjunction with the staff. This will be a major function of the SRO to interact with the students. 1. Review/Evaluation: staff, principal, student and parental feedback 2. Estimated time commitment: 33% VIII. ACTIVITIES, REPORTS AND PROJECTS A. The SRO will utilize this time to complete any projects remaining and prepare to depart the school campus. 1. Review/Evaluation: staff, faculty, and Chief of Police. 2. This should be completed by five (5) days after school ends for the year Note: These Components and time are subject to change based on the desires and direction of the Principal and Chief of Police. 2 OFFICER SALARY- 2000/2001 COST PROJECTION Officer Patricia Wilmer Regular Salary ($13.40) $27,863.00 Holiday Pay @88 hrs *hrly wage $1,179.00 Uniform Allowance $200.00 Life Insurance @ fixed rate $34.00 Medicare @ 1.45% $424.00 Social Security @ 6.2% $1,652.00 Workers Compension @ 7.68% $2.246.00 TOTAL COMPENSATION $39,855.00 Cost of SRO for 190 Day $29,125.00 5% Overtime Based on 190 Days $1.527.00 TOTAL COST FOR SCHOOL YEAR $30,652.00 SCHOOL BOARD FUNDING (50% of 190 Days) $15,326 MIUNICIPALITiES FUNDING City of Cocoa Beach (80.37% of 190 days, plus remainder of year) $21,521 City of Cape Canaveral (19,63% of 190 Days) $3,008 The Municipal cost sharing is based on a total student population of 1228 students with 241 students residing in the City of Cape Canaveral, FL. TO: Cape Canaveral City Commission Cocoa Beach City Commission THRU: Charles Billias, City Manager James Scragg, Chief of Poli FROM: Officer Patti Wilmer, School Resource Office SUBJ: 3`d Quarter Activity Report DATE: April 30a', 2001 SRO QUARTERLY REPORT FOR DECEMBER 25`h, 2000 — MARCH 9, 2001 WEEK 21 • Christmas Break. WEEK 22 • Assisted school staff on two occasions. 1. Spoke to State Attorney concerning notification of student's criminal charges. 2. Meeting with administrators and School Board Public Safety about threat of disruption on campus. Incident never occurred. • Eight hours lunch supervision and five class changes. WEEK 23 • Attended workshop in Orlando. "Dealing with Angry Kids". • Attended two days of Law Enforcement update training. • Three hours lunch supervision and two class changes. WEEK 24 • SADD Meeting. • Assisted school staff on four occasions. 1. Assistant Principal with disruptive student. 2. Met with Assistant Principal and re -enrolling student. 3. Meeting with Assistant Principal and student about threats. 4. Arranged jail tour for the ROPES class. • Eight hours lunch supervision and five class changes. WEEK 25 • Four reports were taken. 1. Informational report regarding suspicious incident. 2. Arrest for possession of controlled substance. 3. One smoking citation. 4. Informational report for disruption. • Attended firearms training. • Attended SADD meeting. • Conference with two parents on separate occasions. 1. Student's pending criminal charges. 2. Disruptive behavior. • One conflict resolution with Assistant Principal and two students. • Assisted school staff on two occasions. 1. Meeting with Principal and Athletic Director about possible disruption at basketball game. 2. Phone conference with Principal and BCSO Deputy Cornett about enrolling students. • Eight hours lunch supervision and five class changes. WEEK 26 • Four reports were taken. 1. Three smoking citations were issued. 2. Informational report for theft. Non -prosecution signed. • One verbal traffic warning issued. • Assisted Crosswinds with student's behavior while in school. Receiving counseling. • Phone conference with two parents on separate occasions. • Six Driver's Ed class visitations. • Attended BCSO Jail tour with ROPES class. • Attended two conflict resolutions. • Counseled three students. 1. One student about stress and ways to handle. 2. One student about behavior. 3. Contacted BCSO after student reported violent threats and harassment from another student off of campus. Parents were contacted also. • Took one student into custody for mental evaluation. • Referred one student to BCSO in reference to harassment. • Assisted school staff on three occasions. 1. Assistant Principal with disruption in hallway. 2. Meeting with Assistant Principal and two enrolling students. 3. Phone conference with Assistant Principal and parent. • Six hours lunch supervision and three class changes. WEEK 27 • One report was taken regarding possible suicidal threats. Threats were never confirmed but parents were contacted. • Attended one conflict resolution. • Attended juvenile court in Viera. • Attended Law Enforcement update training. • Responded to student's residence to check well being. • One assist to school staff. 1. Meeting with principal and teacher about disruptive student. • Six hours lunch supervision and three class changes. WEEK 28 • One battery report was taken. A capias was filed. • Attended SADD Meeting. • One class visit to Law Studies class. • Assisted school staff on three occasions. 1. Meeting with counselor and distraught student. 2. Ordered teen stress video. 3. Caught three students skipping classes. • Attended two conflict resolutions. • Assisted BCSO with arrest of student. • Assisted CBPD with obtaining statements from students. • Attended the Cocoa Beach Citizens Academy. Spoke on SRO Position. • Attended one parent conference. • Eight hours lunch supervision and five class changes WEEK 29 • One theft report was taken. Prosecution affidavit obtained. • Assisted Department of Juvenile Justice with student on probation. • Three parent conferences on separate occasions. • Conducted ROPES class visitation. • Attended SADD Meeting. • Eight hours lunch supervision and five class changes. WEEK 3 0 • Four reports were taken. - 1. Confiscated cannabis residue. 2. Assault. Capias was filed 3. Battery. Capias was filed. 4. Battery. Non -prosecution was obtained • Three parent conferences. • Assisted school staff on three occasions. 1. Meeting with counselor and student about threats. 2. Met with assistant principal and disruptive student. 3. Attended 7t' grade field trip to Orlando. • Counseled one student. • Attended two conflict resolutions. • One class visit. Spoke to class about disruptive behavior. • Six hours lunch supervision and three class changes. WEEK 31 • One informational report was taken regarding disruptive note found in textbook • Five parent conferences. • One verbal traffic warning. • Assisted school staff on two occasions. 1. Caught two students skipping class. 2. Assisted with disruption in cafeteria. • Assisted Children and Family Services with one student. • Eight hours lunch supervision and five class changes. A m$ 8 m a n s-08 ui 3 m a m m O O C) x d' m$ Cl oD < m D i �-r11 $ ami =- m m A 1 m c A m n m W m m 3 (� o m o p O u Z p y m g t (A A- o A a n p c '� y m i Im r � u7 m p m H w o. m m �m a Z A mw y SI r Z y n m C Q V Z Z <_ O I i Q y N W O O N AI Ni m N Z m m (1 W I N m A N CN G m w N W m N W � A (A O cn w a D Na p O7 m C M r cn m m C3 m 0 N m m V I m x N CC, m m L" w w m N t0 W O1 W N L W W m T� W O m Ln w Ul N m W r TO: Cape Canaveral City Commission Cocoa Beach City Commission THRU: Charles Billias, City Manager', James Scragg, Chief of Policy FROM: Officer Patti Wilmer, School) R` esource Office SUBJ: 4t' Quarterly Activity Report DATE: May 21 n , 2001 SRO QUARTERLY REPORT FOR MARCH 12*`, 2001— MAY 18a`, 2001 WEEK 32 • One report was taken for Aggravated Assault. Non -prosecution. • Meeting with parent about student being harassed off of campus. • Assisted Children and Family Service with one student. • Meeting with administrators about student's continuous disruptive behavior. • Eight hours lunch supervision and five class changes. WEEK 33 • One report was taken for arrest of student. )Misdemeanor charges. • One assist to BCSO. Subpoena issued to student. • Conducted three conflict resolutions. • Issued one verbal traffic warning. • Eight hours lunch supervision and five class changes. WEEK 34 • Spring Break. WEEK 35 • One informational report was taken for disruption. • Attended SADD meeting along with Cocoa Beach Fire Department. • Assisted school staff on three occasions. 1. Attended expulsion hearing with administrators. 2. Two students caught skipping school. Parents were contacted and responded for meeting with administrators and myself. 3. Assisted Assistant Principal with disruptive student. • Conducted one conflict resolution. • Counseled one student. Student was referred to me by a teacher due to concerns about behavior. Parent was contacted and counseling was recommended. • Eight hours lunch supervision and five class changes. WEEK 36 • One report was taken for battery. Prosecution affidavit was obtained. • Conducted SADD activity along with SADD students, CB Fire Department, and First Flight Helicopter. This was a mock DUI accident put on for Prom. • Assisted Cocoa Police Department in locating student. • Conducted two conflict resolutions. • Assisted administrators with two disruptions that occurred in classes. • One phone conference with parent concerning students disruptive behavior. • Eight hours lunch supervision and five class changes. WEEK 37 • Three reports were taken. 1. Capias filed for culpable negligence. 2. Battery. Prosecution affidavit obtained. 3. Informational report. Student taken into custody for mental evaluation. • Assisted BCSO with allegations of abuse on student. • Conducted one conflict resolution. • Issued one verbal traffic warning. • Eight hours lunch supervision and five class changes. WEEK 3 8 • Two reports were taken. 1. Capias filed for disruption and assault. 2. Capias filed for disruption. Fireworks in classroom. • Assisted school staff on four occasions. 1. Met with Roosevelt Elementary and Cocoa Beach Administrators concerning upcoming 7h grade students. 2. Assisted in child study meeting. Evaluation of students behavior. 3. Meeting with teachers, parent and administrators about student's attendance. 4. Caught three students skipping class. Referred to administrator. • Eight hours lunch supervision and five class changes. WEEK 39 • Five reports were taken. 1. Allegation of child abuse. Contacted Children and Family Services. 2. Prosecution for battery. 3. Theft. Non -prosecution obtained. Property was found and returned. 4. Informational report for careless driving on Roosevelt Elementary campus. 5. Informational report for found property. • Conducted two conflict resolutions. • Contacted BCSO about allegations of child abuse. • Assisted school counselor with student and suspicious letter. Parent was contacted and referred for counseling. • Referred one student to school administrator concerning ongoing conflict with another student. Student received discipline action. • Eight hours lunch supervision and five class changes. WEEK 40 • Two reports were taken. 1. Sexual Battery that occurred off of campus. A non -prosecution was obtained. 2. Capias filed for possession of controlled substance. • Conducted two conflict resolutions. • Meeting with teacher about concerns over student's behavior. • Eight hours lunch supervision and five class changes. » >oE 29= g 2=E goo nao@ £© < a/;£E �)2§ ,2� =cl.� X33/ /2 3 0 ' g §� m (_ ��°� m 2[ # | k 22 (k X �m �k\§ 0 �� ID § �k CD m m n �� k 0 m m ® z m» z� 2; E n o z ■ ■. z _ x 2 0 S C© z § _ §� $ § m �2 / �m E3 ° k g72 ;§ D§ $ §V 0 CD E §k a -- (M �- -/B § � m co �2 m �2 / � ,m I I ® mco � � a 0 > 0oIQ0g0o0 00820000-0-00�J8—o0r-j �jo�cooecoow�u00 Meeting Type: Regular Meeting Date: 06-05-01 AGENDA REPORT AGENDA Heading Discussion Item 14 No. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: STORMWATER PROJECT FOR CENTER STREET OUTFALL AREA DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council determine what best management practice should be utilized to treat stormwater from the Center Street outfall area. Summary Explanation & Background: As you are aware, the Cape Canaveral Hospital has embraced the wet detention pond option as part of their mitigation for their St. John's permit. The Center Street drainage basin envelops 153.7 acres and has an estimated cost of $650,000. Yet to be determined is the annual maintenance cost of the project and the City of Cape Canaveral's share of the site development and land acquisition costs. Is this the most cost effective alternative for our community? If the city were to fund portions of this project, how will it affect the implementation of other stormwater projects? Funding is limited. New projects and maintenance of the existing stormwater system will require the city to prioritize and make value judgments to achieve our stonnwater master plan goals and future regulatory permitting requirements. Exhibits Attached: Background correspondence City Ma aper"ffice/� % j Department PUBLIC WORKS /cape-nt\k' ocuments �meeting,2001\0i- -01\stormwater.doc City Manager's Office Memo To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL From: BENNETT C. BOUCHER, CITY MANAGER Date: May 30, 2001 Re: CAPE CANAVERAL HOSPITAL PROPOSED MITIGATION Had a recent phone conversation with Mr. Bill Kerr, former consultant working on the Cape Canaveral Hospital permit for the St. Johns Water Management District. He indicated that the proposed mitigation project adjacent to Center St. was taken from the City of Cape Canaveral's storm water master plan. Mr. Kerr informed me that the current permit application was for the Hospital expansion project and that this permit did not address all the details of future permitting of the Cape Canaveral Center St. site. Kerr explained that once the overall permitting was approved by the various agencies, then a separate permit application would be submitted for the construction of the Center St. site. It was Cape Canaveral Hospital's goal to help facilitate the implementation of the storm water project identified within the City of Cape Canaveral storm water master plan. Therefore, the cost of construction would be shared by the Hospital, FDOT, and The City of Cape Canaveral. Title of said property would be deeded to the City of Cape Canaveral and all maintenance responsibility would be by the City of Cape Canaveral. BCB:kmm 0 Page 1 STOTTLER STAGG & ASSOCIATES Center Street — Conceptual Stormwater BMP City of Cape Canaveral Stormwater Master Plan For the Center Street drainage outfall, structural BMPs could include: • A baffle box; • Design of a wet detention pond; or • A stormwater park concept Conceptually, and pending land acquisition, it is proposed that the existing 54" outfall storm drain be re -directed into a 1 to 1-112" acre pond near the shoreline of the Banana River Lagoon. A small passive park could be designed around the detention pond which would allow for excellent river viewing. See Figure 13. As with other detention pond concepts, this system would provide for reuse irrigation in the commercial areas. Pond depths could allow for reuse and littoral zones could be designed around the pond. As with all the detention ponds an aeration fountain could also be part of the system. 36 CEN STREET DE EN K)N BABN > i1 i SCALE- 1" = 200' OUTFALL MVBM BOX I� TO RNER AERATION Pum �C E �] T'DEIENIION _ T 1 Il PONDPROPMED �. OUTFALL 81 OF M WATER TO F1VHi J PARK Q rTRAL SYSTBA Q I z I� a 3 = PROPOSED REUSE WATER UNE ■ �__ �� �--- �--- = BASIN BOUNDARY ■ = DGSi1NO RCAD - = OUTFALL PIPE - CRY UurtS EXHIBIT ��p� _ Stottler Stagg & Associates OWE �� � Architects Engineers Planners, Inc. 81 *MATEMSMY "+ 8680 N. Atlantic Ave. Cape Canaveral, FL 32920 PHONE (321) 783-1320 FAX: (321) 783-70657065 COMPUTER FILE www.SmTTLERsrA.cc.ccm DATE: 4/1 /00 FIG -13 copymGw @tow sToT„LR TAc-- & ASSOCIATEss 6 C\ N w C a) a Cp ' (D °) 0 3 c 3 0� c cc m a) c �c c iv m > c o aEi U > > c a) a a) a) U — o II ca ' 4 y -O O a) m C Q y N 'O O ft) = Q 'II C O 'O C —a — C N V � = C E 'O U L C .0 �. o C a) 7— E.� o� a) E. o� a) `. 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E �� \ a � o \ 0 0® 32 \ s E 2 /§ u o| \ \ 7 0 \ E 2 ® \ \% 3\ 0 c2 ' /�/ ) Cl) \\$ \/ \ _ \/� cu \/ CO ± ƒ m D q STOTTLER STAGG & ASSOCIATES City of Cape Canaveral Stormwater Master Plan Canaveral Drainageway Detention Basin Detention Basin Description Unit Qty. Unit Price Qty. Cost Mobilization LS 1 $ 5,000.00 $ 5,000.00 Land SF 110,000 $ 3.00 $ 330,000.00 Excavation CY 28,600 $ 3.50 $ 100,100.00 Sod SF 80,000 $ 0.15 $ 12,000.00 Fence Systems LS 1 $ 6,000.00 $ 6,000.00 Pump & Reuse Hook-up LS 1 $ 25,000.00 $ 25,000.00 Control Structure LS 1 $ 40,000.00 $ 40,000.00 Aeration Fountain LS 1 $ 20,000.00 $ 20,000.00 Miscellaneous: Erosion, Turbidity Curtains, Survey & Engineering LS 1 $ 70,000.00 $ 70,000.00 $ 707000.00 Subtotal $ 608,100.00 $ 541,000.00 20% Contingency $ 121,620.00 $ 108.,,2. 0 Total $ 729,720.00 Center Street Detention Basin Description Unit Qty. Unit Price Cost Mobilization LS 1 $ 7,500.00 $ 7,500.00 Land SF 95,000 $ 3.00 $ 285,000.00 Excavation CY 25,000 $ 3.50 $ 87,500.00 Sod SF 40,000 $ 0.15 $ 6,000.00 -Pump & Reuse Hook-up LS 1 $25,000.00 $ 25,000.00 Control Structure LS 1 $15,000.00 $ 15,000.00 Aeration Fountain LS 1 $ 20,000.00 $ 20,000.00 Trail, Benches LS 1 $ 25,000.00 $ 25,000.00 Miscellaneous: Erosion, Turbidity Curtains, Survey & Engineering LS 1 $70,000.00 $ 707000.00 Subtotal $ 541,000.00 20% Contingency $ 108.,,2. 0 To $ 649,200.00 Note: Does not include park planting. * Unit Prices based on Fiscal Year 2000 Annual Construction Costs. CR7 Meeting Type: Regular Meeting Date: 06-05-01 AGENDA REPORT AGENDA Heading Discussion Item 15" No. After review of this ordinance, I would recommend that the city seek an "opt -in" provision so this code could CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: BREVARD COUNTY RAVE CLUB ORDINANCE 2001-25 DEPT./DIVISION: LEGISLATIVE Requested Action: City Council provide feedback to the Brevard County Board of County Commissioners as to whether this rave club ordinance should apply to incorporated areas of the county. Summary Explanation & Background: Brevard County adopted Ordinance 2001-25 on 05-22-01. This ordinance establishes licensing and regulation of adult and juvenile rave clubs. After review of this ordinance, I would recommend that the city seek an "opt -in" provision so this code could apply to our community. Please advise. Exhibits Attached: Letter from county dated 05-25-01; Ordinance 2001-25 City Manager'-()TICe - Department LEGISLATIVE c /cape-ntU nts` d i ,cou eeting\2001\06-05-01\2001-25.doe BR EVAR BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST OFFICE OF THE COUNTY ATTORNEY, 2725 Judge Fran Jamieson Way, Viera, Florida 32940 (321)633-2090 FAX (321)633.2096 May 25, 2001 Bennett Boucher, City Manager Post Office Box 326 Cape Canaveral, Florida 32923-0326 Re: Brevard County Rave Ordinance 2001-25 Dear Mr. Boucher: On May 22, 2001, the Board of County Commissioners approved an ordinance regulating rave clubs for the unincorporated areas of the County. The Board of County Commissioners request your input on whether to make the ordinance countywide in application. Enclosed is a copy of the ordinance. Please respond within the next thirty (30) - sixty (60) days. Thank you for your attention to this matter. Sincerely, Terri L. Jones Assistant County Attorney TJ/tlo Enclosure ORDINANCE NO. 2001-2 AN ORDINANCE OF BREVARD COUNTY, FLORIDA CREATING CHAPTER 74 ARTICLE IV, CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA RELATING TO RAVE CLUB REGULATIONS; PROVIDING FOR DEFINITIONS, PROMULGATING AND IMPOSING REGULATIONS AND RESTRICTIONS ON ESTABLISHMENTS MEETING THE DEFINITION OF "RAVE CLUBS" WITH SUCH REGULATIONS AND RESTRICTIONS INCLUDING, LIMITATIONS ON OPERATING HOURS, EXCLUSION OF JUVENILES FROM "ADULT RAVE CLUBS' PROVIDING FOR EXCLUSION OF ADULTS FROM "JUVENILE RAVE CLUBS"; PROVIDING FOR LICENSING REQUIREMENTS ON OWNERSHIP AND MANAGEMENT, SECURITY REQUIREMENT; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AREAS ENCOMPASSED; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Brevard County Board of Commissioners desires to promote, protect and improve the health, safety and welfare of the citizens of Brevard County. NOW, THEREFORE BE IT ORDAINED by the Brevard County Board of County Commissioners that Chapter 74, Article IV Code of Ordinances is hereby created to read as follows: Section 1. Title. This article shall be known and may be cited as the "Brevard County Rave Club Ordinance." Section 2. Authority. This article is enacted under the home -rule power of Brevard County, Florida, in the interest of the health, safety, and general welfare of the people of Brevard County. Section 3. Intent (a) It is the intent ofBrevard County to address the unique problems associated with rave clubs by implementing rave club regulations, and to protect juveniles and adults from criminal activity that occurs at such rave clubs. (b) Brevard County hereby asserts that the following purposes of the rave club regulations set forth herein are matters of legitimate, substantial and compelling governmental interests: (1) To protect juveniles and adults from illegal drug activity, including use, sale and drug abuse such as overdoses, and to reduce, if not eliminate, such activity from occurring in rave clubs; (2) To protect juveniles and adults from criminal activity occurring in rave clubs; (3) To protect juveniles and adults from predatory -type sexual crimes and acts occurring in rave clubs; (4) To reduce the amount of criminal activity occurring in rave clubs predominantly in the late-night and early -morning hours by prohibiting rave clubs from operating during the late-night and early - morning hours; and (5) To prevent, eliminate or, at least reduce, the deleterious effects of noise, traffic and debris on residential and commercial property near rave clubs that occurs in the late-night and early -morning hours. Section 4. Findings of fact. The board of county commissioners finds and determines, as factual matters, the following: (a) Late-night and all-night rave clubs and similar forums of assembly, commonly or sometimes referred to as "raves," are frequently sites for the sale, possession and use of illicit drugs; (b) Rave clubs expose juveniles and adults to illegal drug activity, and such exposure to drug activity is found to result often in drug addiction, drug overdoses, and death of juveniles and adults; (c) Rave clubs are often sites for criminal activity; 2 (d) Rave clubs expose drug activity to the uninitiated youth of the county, and such exposure to drug activity occurring at such raves is often found to result in drug addiction, overdose and death of both juveniles and adults; (e) Rave clubs provide an arena for predatory -type sexual crimes, thus, for the protection of the county's youth, juveniles should not congregate in such social settings with adults; additionally, regulation of rave clubs is also necessary for the protection of adult victims of such crimes; (f) Criminal activity occurring at rave clubs takes place predominantly in the late-night and early -morning hours; (g) The actions of rave club patrons entering and exiting rave clubs can have an adverse impact on nearby residential and commercial properties in terms of excessive noise, traffic and debris, and such impacts are exacerbated by the fact that rave club patrons enter and exit such rave clubs at late-night and early-moming hours when citizens have a reasonable expectation of peace and quiet; and (h) The above -referenced problems associated with rave clubs, while not unique and specific to rave clubs, tend to occur more frequently and tend to be more prevalent than in other places of assembly that are not regulated by this article. Section 5. Definitions. For purposes of this article, the following; terms shall have the meanings ascribed to them in this section: older Adult rave club means any rave club whose patrons or admittees are eighteen (18) years of age or Conviction or convicted means the finding of guilt or the entry of a plea of guilt or nolo contendere for a violation of a municipal or county ordinance or state or federal law, regardless of whether adjudication is withheld, or the forfeiture of a bond or bail when charged with a violation of a municipal or county ordinance or state or federal law. 3 County Manager means the Brevard County Manager or designee. Juvenile rave club means any rave club whose patrons or admittees are seventeen (17) years of age or younger. Rave club means any place, area or property which is operated either as an ongoing enterprise or undertaking or as a onetime event or a limited number of events, which is open to the public, and which: (1) Has music, either live or electronically produced or transmitted; (2) Has space available for dancing or dancing is permitted, regardless of whether such dancing takes place; (3) Allows free admission or admission by payment of a direct or indirect charge, fee, donation, or other form of consideration, or by the purchase, possession or presentation of a ticket, token or membership card; and (4) Is not licensed or permitted to sell, serve or dispense alcoholic beverages for on -premises consumption, or permit alcoholic beverages to be consumed on premises. The term "rave club" does not include: (1) An establishment with a license reviewed and approved by the State and Brevard County to sell, serve or dispense alcoholic beverages for on -premises consumption; (2) An adult -entertainment establishment, as defined in Section 62-4901 et seq. of the Brevard County Code, lawfully established, existing, permitted and licensed, during such hours of the day as such establishment is being lawfully and principally operated as an adult -entertainment establishment; 0 (3) A bona fide dance studio where students are taught the art of dancing or ballet; (4) A place owned, leased or operated by the federal, state, or local government; (5) A place owned, leased or operated by public or private elementary school, secondary school, college, or university; (6) A place owned, leased or operated by a not for profit organization and sponsored by a bona fide law enforcement organization or federal, state, local government or school board; (7) A place owned, leased or operated by a bona fide religious organization, created, organized, existing and recognized as such pursuant to all applicable laws including federal tax laws; or (8) A private residence or residential facility from which the general public is excluded; or (9) Any place, area or property that otherwise fits the definition of a "rave club," but is holding a valid acknowledgment of exemption under Section 6. Knowingly means with actual knowledge of a specific fact or facts, or with reasonable inquiry a reasonable person should have known a specific fact or facts. License or rave club license means a license to operate a rave club issued pursuant to this article. Licensee means a person in whose name a rave club license has been issued, as well as the individual listed as the applicant on the application for a rave club license. Person means an individual, partnership, corporation, association, or other legal entity. Sheriff means the Brevard County Sheriff or designee. 5 Section 6. Acknowledgment of exemption. Any place, area or property that falls within the definition of a "rave club" set forth in Section 5, but can demonstrate that it possesses other characteristics rendering it unlikely that the place, area or property would serve as a site for the sale, possession or use of illicit drugs, for violent activity, or for any of the other dangers or problems set forth in Section 4, may apply for an acknowledgment of exemption from the designation as a "rave club," as follows: (a) The owner or operator must file a request for exemption with the county manager, at no charge or expense, that includes the following; (1) an affidavit explaining in detail the operation and/or planned operation of the place, area or property, including the planned hours of operation; and (2) a certification to the county manager naming all owners, principals and managers of the proposed place, business and/or event, and certifying under oath that none of the owners, principals or managers would be barred from receiving a license to operate a rave club pursuant to the provisions of Section 8(a)(3) and (a)(7), and that none of the owners, principals, or managers have had an exemption under this section revoked in the past five years; and (3) a certification from the building official that the place meets all requirements of Chapter 22, Building and Building Regulations, Code of Ordinances, Brevard County; relevant to its intended use; (4) a certification from the fire marshal that the place complies with all provisions of Chapter 50, Fire Prevention and Protection, Code of Ordinances, Brevard County; relevant to its intended use; and M (5) any other information which the county manager from time to time may require on the application for acknowledgment of exemption. (b) Upon receipt of a full and complete request for an acknowledgment of exemption, the county manager shall have 30 days within which to issue the acknowledgment of exemption or a letter denying the acknowledgment of exemption and detailing the findings of fact upon which the acknowledgment is denied. The county manager may issue the acknowledgment of exemption if he or she finds, based on the preponderance of the evidence before him or her, including any evidence revealed through his or her independent investigation or submitted by law enforcement agencies for consideration, that the place or event is unlikely to serve as a site for the sale, possession or use of illicit drugs, for violent activity, or for any of the other dangers or problems set forth in Section 4. The county manager shall deny the request for an acknowledgment of exemption if the submission did not meet all requirements of subsection 6(a) above; (c) Any acknowledgment of exemption issued pursuant to this section shall remain in force, unless revoked, provided that the holder of the acknowledgment shall notify the county manager within 30 days of any event that constitutes a change in the information contained in the application for acknowledgment of exemption. Notice of any such change must be accompanied by appropriate certifications as to the new condition, for example, if there is a change of ownership or management, the submission must include a new certification under oath that the new owners, principals, or managers would not be barred from receiving a license to operate a rave club pursuant to the provisions of subsections 8(a)(3) and (a)(7), and have not had an acknowledgment of exemption revoked in the past five years. (d) The county manager shall revoke the acknowledgment of exemption, in writing, upon his or her finding based on substantial evidence that; 7 (1) There were any misrepresentations made to the county in connection with the request for an acknowledgment of exemption; or (2) There has been at least two or more separate instances of drug sale, possession or use at the place or event; or (3) There has been at least one instance of a drug overdose at the place or event; or (4) There have been two or more separate instances of underage drinking at the place or event; or (5) There have been two or more instances of violence at the place or event; or (6) The ownership or management has changed such that the place or event would not qualify to be issued an acknowledgment of exemption if a new request were filed; or (9) The establishment is found to have been operating at hours other than the hours of operation set forth in the affidavit supporting the request for an acknowledgment of exemption; or (10) The owners, principals and/or managers have failed on two or more occasions to timely notify the county manager of a change of circumstances as required by Section 6(a), above; or (11) Based on information contained within a notice of changed circumstances, or other information brought to the county manager's attention in connection with his investigation of changed circumstances, the county manager determines that the place, establishment or event no longer qualifies for an acknowledgment of exemption, applying the standard in Section 6(a). (e) Any aggrieved party may appeal the county manager's determination to issue or not issue an acknowledgment of exemption, or to revoke an acknowledgment of exemption, in the same manner as provided in Section 19 for appeals of a license denial, suspension or revocation decision. A revocation of acknowledgment of exemption shall become effective immediately, notwithstanding that an appeal may be filed. Section 7. License required; application for license; application fee. (a) No person may operate a rave club without a license. (b) An application for a license shall be made on a form provided by the county manager and shall have notarized signatures thereon. The applicant must be qualified to be issued a license according to the provisions of this article. (c) A person who wishes to operate a rave club shall sign the application for a license as the applicant. If a person who wishes to operate a rave club is not an individual, each individual who has an ownership interest in the business which will operate the rave club equal to or greater than 20% must sign the application for a license as an applicant. Each applicant must meet the requirements of Section 8, and each applicant shall be considered a licensee if a license is granted. (d) Each application shall be accompanied by a non-refundable fee to be established by the Board by resolution, which fee shall be subject to adjustment from time to time as the board of county commissioners may warrant, such application fee shall be used to defray the costs and expenses of reviewing the rave club license application and for each license issued under the terms of this article. 01 Section 8. Requirements for issuance of license; posting. (a) Within 45 days after receipt of an application for a rave club license, the county manager shall either approve or deny issuance of the license. The county manager shall deny issuance of a license when he finds one or more of the following to be true: (1) An applicant is under eighteen years of age. (2) An applicant has failed or refused to answer or has falsely answered a question on the application provided or has failed or refused to provide any information requested on the application provided. (3) An applicant has been convicted of a violation of any provision of these rave club regulations within two years immediately preceding the filing of the application. (4) An applicant has failed to obtain a certification from the fire marshal that the rave club complies with all applicable provisions of Chapter 50, Fire Prevention and Protection, Code of Ordinances, Brevard County; relative to places of assembly, including but not limited to maximum permitted occupancy load. (5) An applicant has failed to obtain a certification from the building official that the rave club complies with all applicable provisions of Chapter 22, Building and Building Regulations, Code of Ordinances, Brevard County; including but not limited to those relative to places of assembly. (6) An applicant has failed to obtain a certification from the zoning department that the rave club complies with all applicable provisions of the land development code, including but not limited to provisions related to zoning and parking. (7) An applicant has been convicted of a crime a. involving: 10 (i) any felony, or (ii) Any misdemeanor offense of Chapter 784, Florida Statutes, assault; battery; culpable negligence; Ch. 787, kidnapping; false imprisonment; luring or enticing a child; custody offenses; Ch. 790, weapons and firearms; Ch. 794, sexual battery; Ch. 800, lewdness; indecent exposure; Ch. 812, theft, robbery and related crimes; Ch.827, abuse of children; Ch. 837, perjury; Ch. 856, drunkenness; open house parties; loitering; prowling; desertion; Ch. 562, selling, serving or giving alcoholic beverages to a minor; Ch. 859, poisons; adulterated drugs; Ch, 870, affrays; riots; routs; unlawful assemblies; Ch. 874, street terrorism enforcement and prevention; Ch. 877, miscellaneous crimes; and Ch. 893, drug abuse prevention and control, as said Chapters currently exist or may be amended from time to time, or (iii) any violation of the rave club or dance -hall regulations of any other city, county, state or other government; and b. for which: (i) less than five years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for an above listed misdemeanor offense; (ii) less than ten years have elapsed since the date of conviction or the date of release from confinement for the conviction, 11 whichever is the later date, if the conviction is for a felony offense; or (iii) less than ten years have elapsed since the date of the last conviction or the date of release from confinement for last conviction, whichever is the later date, if the convictions are of two or more above listed misdemeanor offenses or combination of above listed misdemeanor offenses occurring within any twenty-four month period. (8) An applicant has been convicted of a felony involving any sexual crime against a minor. (b) The fact that an applicant is appealing a conviction shall have no effect on the disqualifications of the applicant under subsection (a) above. (c) An applicant who has been convicted of an offense listed in subsection (a)(7)a above may qualify for a rave club license only when the time period required by subsection (a)(7)b has elapsed. (d) Upon receipt of an application, the county manager shall distribute copies to the sheriff and the specified county departments. The sheriff and the specified county departments shall review the application for compliance with the provisions of this section, and forward their respective comments to the county manager for consideration in determining whether to issue or deny the license in accordance with the provisions of this article. (e) The county manager, upon approving issuance of a rave club license, shall send the applicant, by certified mail, return receipt requested, written notice of such action. The license fee shall established by the Board by resolution. The county manager shall inform the applicant where he or she must pay the license fee and obtain the license. 12 (f) The county manager's approval of the issuance of a license does not authorize the applicant to operate a rave club until the applicant has paid the license fee and obtained possession of the license. (g) The license shall state on its face the name of the person to whom it is granted, the expiration date, and the street address of the rave club. (h) The license shall be posted at the rave club in a conspicuous place at or near the entrance so that it maybe easily read by any individual at any time. Section 9. Rave club manager. (a) A licensee shall designate an individual or individuals as the rave club manager or managers and shall register his, her, or their names with the county manager. Furthermore, whenever the licensee wishes to add the name of a different rave club manager, he shall register the new manager's name with the county manager. (b) An individual may not be designated as a rave club manager if the individual would otherwise be disqualified under subsections 8(a)(7)(a) and (b) and (a)(8) from obtaining a rave club license. (c) No rave club may be operated unless a rave club manager is on the premises of the rave club during all hours of operation and until at least thirty minutes after closing to ensure that the rave club is operated in accordance with the requirements and restrictions of this article. Section 10. Person under eighteen (18) prohibited in adult rave club. (a) No person under the age of eighteen (18) years may enter an adult rave club unless accompanied by a parent or guardian. (b) No person shall falsely represent himself or herself to be either a parent or guardian of another person under the age of eighteen (18) years for the purpose of gaining the other person's admission into an adult rave club. 13 (c) No permittee or employee of a adult rave club shall knowingly allow a person under the age of eighteen (18) years to enter or remain on the premises of an adult rave club. (d) No permittee of an adult rave club shall maintain or operate the premises without posting a conspicuous sign at each entrance to the business that reads: "It is unlawful for any person under eighteen (18) years of age to enter this premises without a parent or guardian." Section 11. Person age eighteen (18) and over prohibited in juvenile rave clubs. (a) No person age eighteen (18) and over may enter a juvenile rave club. (b) No person shall falsely represent himself or herself to be under age eighteen (18) for the purpose of gaining admission to a juvenile rave club. (c) No permittee or employee ofa juvenile rave club shall knowingly allow a person age eighteen (18) or over to enter or remain on the premises of the juvenile rave club. (d) No permittee of a juvenile rave club shall maintain or operate the premises without posting a conspicuous sign at each entrance to the business that reads: "It is unlawful for any person age eighteen (18) or over to enter this premises." (e) It is a defense to prosecution under this subsection (a) and (c) that the person is: a. A permittee or employee of the rave club; b. A parent or guardian of a person inside the rave club; or C. A governmental employee in the performance of official duties. Section 12. Hours of operation; re-entry by customers. (a) No person may operate a juvenile rave club during any hours other than 4:00 p.m. to 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday, and from 4:00 p.m. on Friday to 12:01 a.m. of the following day, and from 1:00 p.m. Saturday to 12:01 a.m. of the following day. 14 (b) No person may operate an adult rave club during any hours other than 1:00 p.m. to 2:00 a.m. of the following day. (c) All customers, patrons, members, guests, invitees, and others not employed by the rave club shall vacate the premises, including the parking areas, no later than 30 minutes after the designated closing time. (d) When the rave club allows admission by payment of a charge or fee, any customer or patron who leaves the rave club shall be required to pay the charge or fee again whenever he or she reenters the rave club. Section 13. Security; paramedic. (a) Whenever a rave club is open to the general public, the rave club licensee shall have on the premises, at the licensee's expense, the greater of either (i) three off-duty sworn law enforcement officers, or three private security officers having either a Class D or Class MS license as set forth in Chapter 493, Florida Statutes, or (ii) one off-duty sworn law enforcement officer, or one private security officer having a license described above, per 150 of the persons allowed under the maximum occupancy load for the structure in which the rave club is operated. The sheriff may require a licensee to increase the number of off- duty law enforcement officers or licensed private security officers when a special event or limited engagement is scheduled to take place at a licensed premises. Nothing in this subsection shall be construed to mean that the sheriff must require law enforcement officers to serve in an off-duty capacity at a licensed premises. (b) Whenever a rave club is open to the general public, at least one certified and actively licensed paramedic, as set forth in Chapter 401, Florida Statutes, shall be present, at the expense of the licensee. 15 Section 14. Inspections. (a) Application for, and issuance of, any rave club license shall constitute consent by the licensee for authorized employees of Brevard County and authorized law enforcement officers to enter and inspect the premises of the rave club at any time it is open or occupied for the purpose of verifying compliance with these rave club regulations. (b) No licensee, rave club manager, or employee of the rave club shall refuse to permit a lawful inspection of a rave club by an authorized employee of Brevard County or any authorized law enforcement officer at any time it is open or occupied. Section 15. Expiration of license; renewal. (a) A license for a rave club shall expire one year from the date of issuance. (b) A license may be renewed only by making application as provided in Section 8. An application for renewal should be made at least forty-five days before the date of expiration. When made less than forty-five days before the date of expiration, the expiration date shall not be extended by virtue of the fact that a renewal application is then pending. Section 16. Transfer of license prohibited; use of license at another address prohibited. (a) A licensee shall not transfer a rave club license to another person. Any attempt by any licensee to transfer a rave club license to another person shall be void and shall have no legal effect. (b) A licensee shall not operate a rave club under the authority of a license at any place other than the address designated in the approved license application. Section 17. Violations, penalties and remedies. (a) It is deemed unlawful for a licensee or an agent or employee of a licensee to commit any one of the following acts: 1L (1) Violation of any provision of the rave club regulations; (2) Consumption of alcoholic beverages on the rave club premises; (3) Refusal to allow an inspection of the rave club premises; (4) Knowingly permit an intoxicated person to enter or remain on the rave club premises; (5) Knowingly permit the possession, consumption, or sale of an alcoholic beverage on the rave club premises including the parking lot; or (6) Knowingly permit the possession, consumption or sale of any illegal drugs on the rave club premises. (b) A person who operates or causes to be operated a rave club in violation of this article shall be subject to the following penalties: (1) Suspension or revocation of license. (2) A violation of this article may be punished as provided in Section 1.7 of Code of Ordinances of Brevard County, Section 125.159 of Florida Statutes. (3) Each day that a violation continues after receipt of a written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein. (c) In addition to the penalties described above, the county may institute any appropriate action or proceeding to enjoin, prevent, restrain, correct or abate a violation of this article. To the extent not inconsistent with Florida law, a violation of this article shall be subject to an injunction, temporary and permanent, without the necessity of a showing of irreparable harm. 17 Section. 18 Suspension of license. The county manager shall suspend a rave club license for a period of time not exceeding thirty days if he or she learns that a licensee or an agent or employee of a licensee has committed any one or more the acts listed in Section 17(a): (1) Violated any provision of the rave club regulations; (2) Consumed alcoholic beverages on the rave club premises; (3) Refused to allow an inspection of the rave club premises; (4) Knowingly permitted an intoxicated person to enter or remain on the rave club premises; (5) Knowingly permitted the possession, consumption, or sale of an alcoholic beverage on the rave club premises; or (6) Knowingly permitted the possession, consumption or sale of any illegal drugs on the rave club premises. Section. 19 Revocation of license. (a) The county manager shall revoke a license if a cause for suspension under Section +7 18 occurs and the license was suspended within the preceding twelve months, or if the county manager learns that one or more of. the following is true: (1) A licensee gave false or misleading information to the county manager during the application process. (2) A licensee or an employee of the rave club knowingly permitted the rave club to be operated during a period when the rave club license was suspended. (3) A licensee has been: a. Convicted of an offense listed in Section 8(a)(7)a for which the time period required in Section 8(a)(7)(b) has not elapsed; 18 b. Convicted of an offense described in Section 8(a)(8); or C. Convicted of or is under indictment for any felony offense while holding a rave club license, (4) An employee of the rave club, while on the rave club premises, committed an offense listed in Section 8(a)(7)(a), for which a conviction has been obtained, two or more times within a twelve month period. (b) The fact that an individual is appealing a conviction shall have no effect on the revocation of the license. (c) When the county manager revokes a permit, the revocation shall continue for one year, and the licensee may not be issued a rave club license for one year from the date the revocation becomes final. If, subsequent to revocation, the county manager finds that the basis for the revocation has been corrected or abated, the applicant may be granted a license if at least 90 days have elapsed since the date the revocation became final. (d) If the license was revoked under subsection (a)(3)a above, an applicant may not be granted another license until the appropriate number of years required under Section 8(a)(7)(b) has elapsed. Section 20. Appeals; judicial review; requirement of exhaustion of procedure. (a) An aggrieved party may appeal any adverse decision of the county manager involving the denial, revocation or suspension of a license. The appeal shall be filed with the County Manager with ten days of the written decision of the county manager. The board shall hold a hearing and uphold or deny the decision of the county manager within 45 days after receipt of the notice of appeal. In making its decision, the board shall: 19 (1) Review the application and any background information or data available to the county manager at the time of the decision and any new information made available after the date. (2) Apply the criteria for revocation, suspension or approval as set forth in this article. (b) Judicial review of a denial of issuance or renewal of a license or of a suspension or revocation of a license shall be available only after the procedures set forth above have been exhausted. Section 21. Conflicting Provisions. In the case of a direct conflict between any provision of this ordinance and a portion or provision of any other appropriate federal, state or county law, rule, code or regulation, the more restrictive shall apply. Section 22. Severability. If any section, subsection, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such invalid unconstitutional provision shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance, provided the remaining portions effectuate purpose and intent of this ordinance. Section 23. Area Encompassed. This ordinance shall take effect within the unincorporated area of Brevard County, Florida. Section 24. Inclusion in Code. It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Brevard County Code; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate work or phrase in order to accomplish such intentions. Section 25. Effective date. This Ordinance shall become effective as provided by law. A certified copy of the ordinance shall be filed with the Secretary of State, State of Florida, within ten (10) days of enactment. 20 DONE, ORDERED AND ADOPTED in Regular Session, this 22nd day of May, 2001. ATTEST BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA SCOTT ELLIS, CLERK AN CARLSON, CHAIRMAN (As approved by the Board on May 22, 200 1) 21