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HomeMy WebLinkAboutPacket 12-04-2001FV City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY OF CITY HALL ANNEX CAFE CANAVERAL 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 4, 2001 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 20, 2001. 2. Approval of Employee Christmas Bonuses. CONSIDERATION: 3. Design and Permitting Proposal of the West Side SR Al Canal Pedestrian Bridge from Stottler, Stagg and Associates. ORDINANCE: Second Public Hearing 4. Motion to Adopt: Ordinance No. 06-01; Amending Chapter 82 Relating to Buildings and Building Code Regulations, at second reading. RESOLUTION: 5. Motion to Adopt: Resolution No. 01-43; Officially Naming Caribe Drive and Tropic Beach Drive. DISCUSSION: 6. Enclosed Bus Shelters. 7. Brevard County Rave Club Ordinance; Opt -In Provision. 8. Sewer Rates. 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 ty of Cape Canaveral, Florida City Council Regular Meeting Agenda December 4, 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: 1. City Manager 2. Staff 3. City Council 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 (321) 868-1221 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 20, 2001 7:00 PM MINUTES CALL TO ORDER: ROLL CALL - Council Members Present: Burt Bruns Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Richard Treverton Larry Weber Bennett Boucher, City Manager (Absent) Others Present: Mark McQuagge, Assistant City Attorney Susan Stills, City Clerk Ed Gardulski, Public Works Director Morris Reid, Building Official Thomas Bubb, Building Inspector Commander George McGee, Canaveral Precinct Chief Dave Sargeant, CCVFD PRESENTATION: Mayor Randels made a farewell presentation to Council Member Burt Bruns. Mayor Randels acknowledged Mr. Bruns' service on the City Council since November 1995. Mayor Randels also noted the influential changes that Mr. Bruns made to the City such as removing a deteriorating house on the beach, widening the sidewalks for a bicycle friendly thoroughfare, enhancing the Washington Avenue Park sidewalk, tree planting, community clean-up projects and promoting the reclaimed water system. Mayor Randels presented Mr. Bruns with a plaque in honor of his service on the Council. Mr. Bruns departed by saying that the Council is unified in its work and he is looking forward to continued efforts from the members. Each Council member also thanked Mr. Bruns for his work. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 2 OATHS OF OFFICE: Assistant City Attorney Mark McQuagge administered the oaths of office, first to incumbent Council Member Richard Treverton and then to newly elected Member, James Morgan. CONSENT AGENDA: Mayor Randels asked if any Council member, staff or interested party would like to remove an item from the Consent Agenda for discussion. Mr. Gardulski reported that Mrs. Jamieson requested to remove Item No. 6 from the Agenda. Mayor Pro Tem Petsos requested to remove Items No. 5 and 7 from the Consent Agenda. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Consent Agenda Items No. 1,2,3, 4 and 8. The motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 1. City Council Regular Meeting Minutes of October 16, 2001. 2. Resolution No. 01-41; Reappointing Regular Members to the Beautification Board. (Nicholas & Laws) 3. Resolution No. 01-42: Appointing a Regular Member and a First Alternate Member to the Library Board. (Bell & Reid) 4. Cooperative Purchase of (7) 800 Mhz Radios from Communications International, Inc. in the amount of $14,982.24. 8. Cooperative Purchase of Two Scoreboards in the amount of $9,060 to Score Board Sales and Service. 5. Cooperative Purchase of a Defibrillator and Upgrade Kit from Medtronic Physio Control Corporation in the amount of $9,612.60. A motion was made by Mr. Weber and seconded by Mr. Morgan to approve the Cooperative Purchase of a Defibrillator and Upgrade Kit from Medtronic Physio Control Corporation in the amount of $9,612.60. Mayor Pro Tem Petsos asked Chief Sargeant to provide relative information on the purchase. Chief Sargeant reported that this cost last year was $19, 000 and he informed that the actual cost of the new defibrillator this year is $11, 012.45. At the same time he would also upgrade the 280D's on the volunteer trucks at a cost of $5,473.75 and also upgrade non -evasive blood pressure equipment. Chief City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 3 Sargeant stated that these purchases would establish the department's capital purchases for ten years within the $10,000 budgeted. Mayor Randels clarified that the Port Authority would pay the other half of the defibrillator cost and the purchase would be done under the SNAPS purchasing contract with the state. The motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. 7. Cooperative Purchase of Emergency Generator in the amount of $24,765 to Florida Detroit Diesel. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to table the Cooperative Purchase of an Emergency Generator until further information is provided as well as a backup -plan for emergency power. Mr. Gardulski reported that the proposed generator is a replacement for the existing unit at the wastewater facility. He informed that the newer unit is larger and mobile. Mr. Gardulski replied to Mayor Pro Tem Petsos that the unit at 111 Polk Avenue is for use to the Annex building and City Hall. Mr. Gardulski also replied to Mayor Pro Tem Petsos that the unit is a back-up system for the lift stations and not a primary unit. Mr. Gardulski responded to Mr. Treverton's question on protecting the existing generator in that he would install a concrete slab and a cover. Mr. Gardulski replied to Mayor Randels that it is possible to disconnect the existing unit and use it as a mobile backup. Mr. Gardulski stated that his primary concern in an emergency situation is the lift station. Mr. Weber asked if a unit could be rented to which Mr. Gardulski replied that supply and demand is the criteria in acquiring a rental during a major emergency. The motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. ORDINANCE: First Public Hearing 9. Motion to Approve: Ordinance No. 06-01; Amending Chapter 82 Relating to Buildings and Building Code Regulations, for second reading. Mayor Randels read Ordinance No. 06-01 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, AND PROVIDING FOR ADOPTION OF AN AMENDED CHAPTER 82 RELATING TO BUILDINGS AND BUILDING CODE REGULATIONS: ADOPTING THE 2001 EDITION OF THE FLORIDA BUILDING CODE, THE 2001 EDITION THE FLORIDA PLUMBING CODE, THE 2001 EDITION THE FLORIDA MECHANICAL CODE AND THE 2001 EDITION THE FLORIDA FUEL GAS CODE, THE NATIONAL ELECTRIC CODE, NFPA 70, 1999 EDITION, THE INTERNATIONAL PROPERTY MAINTENANCE CODE 1998 EDITION, THE EXISTING STANDARD BUILDING CODE, 1998 EDITION, PROVIDING FOR THE REPEAL OF ANY ORDINANCE OR RESOLUTION IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Weber to approve Ordinance No. 06-01; Amending Chapter 82 Relating to Buildings and Building Code City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 4 Regulations. Mr. Reid explained that this adopted code would precede the changes to the Building Code effective January 1, 2002. Mr. Reid stated that the most prominent changes for the City under the new code is the 130 per hour wind gust factor and a category "C" due to the City's ocean to river location. Mr. Reid informed that state code would require new construction to have wind debris protection from all openings of the building. He approximated that construction on a new home might increase between $6,000 and $10,000. Mr. Reid replied to Mr. Weber that the existing wind gust factor is 110 miles per hour however that is based on the 1988 ASAD code. Mr. Morgan questioned what price home Mr. Reid referred to in his approximation. Mr. Reid responded the $150,000 price range. Mr. Reid responded to Mr. Weber that the Plumbing category adopted the International Code that is less stringent. Mr. Reid summarized that the Building Code is basically the same however the State of Florida omitted much of chapter one that is the administrative portion. Mr. Treverton questioned the source and assemblage of the new code. Mr. Reid responded that the Building Officials Association of Florida appointed committees to review the code due to omissions and to prepare the revisions. Mr. Reid replied to Mr. Treverton that all Brevard County cities would adopt the Code. Mr. Reid said that the Administrative Code was omitted at the State level and this ordinance would adopt an administrative section of the building code for the purpose of building operations. Attorney McQuagge addressed Mr. Treverton and stated that he, Mr. Boucher and Mr. Reid had reviewed Chapter 82 of the City Code in order to get a completed document. Mr. Weber queried a reference to Chapter 468 of the State statutes. Mr. Reid explained that Chapter 468 of the State statutes sets the criteria for the disciplines to perform a job as a building staff employee. Mr. Reid affirmed Mayor Randels' question that 1998 is the latest edition in some of the listed categories. Mayor Randels queried if older homes would need an upgrade to maintain insurance. Mr. Reid speculated that price breaks might be supplied on insurance for existing homes if upgrades were made. Mr. Reid stated that any new additions would need to comply with the new code. Attorney McQuagge also stated that any pre-existing, non -conforming structure would need to comply with the new code specifications. The motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. RESOLUTIONS: 10 Motion to Adopt: Resolution No. 01-39, Appointing a Mayor Pro Tem. A motion was made by Mayor Randels and seconded by Mr. Weber to Adopt Resolution No. 01-39, Appointing Buzz Petsos as Mayor Pro Tem. Mayor Randels explained that the Mayor Pro Tem acts on behalf of the Mayor in his absence. Mr. Treverton expressed his support for Mr. Petsos as Mayor Pro Tem as well as his work with the Space Coast League of Cities. The motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 5 11. Motion to Adopt: Resolution No. 01-43, Policy for City Employees to Use Melbourne International Airport for Business Travel. A motion was made by Mr. Weber and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 01-43, Policy for City Employees to Use Melbourne International Airport for Business Travel. Mayor Randels explained that that the Melbourne Airport requested support for this ordinance. Mr. Weber expressed that a show of support was necessary for this as well as for local businesses. Mayor Pro Tem Petsos expressed that the language "whenever possible" was favorable. Mr. Nicholas suggested a policy statement that would make cost a consideration to use travel from this airport. Staff was directed to report back with purchasing controls from the City's policy. The motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. CONSIDERATIONS: 12. Appointment of Space Coast League of Cities Voting Delegate/ Director. A motion was made by Mayor Randels and seconded by Mr. Treverton to appoint Mayor Pro Tem Buzz Petsos as the voting delegate and Larry Weber as the alternate voting delegate to the Space Coast League of Cities. Mayor Randels asked Mr. Treverton if he would like to participate in the Space Coast League of Cities activities. Mr. Treverton respectfully declined any nominations due to his teaching commitment. Mayor Randels then asked Mr. Morgan if he would like to participate. Mr. Morgan replied that he would like to consider an appointment after some time on the Council. Mayor Pro Tem Petsos passed to Mr. Weber as the voting delegate position and proposed Mr. Morgan as the alternate delegate. Mr. Weber commented that participation might provide a learning experience for Mr. Morgan. Mr. Morgan expressed that he would like time to learn League functions prior to accepting the position. Mr. Treverton explained that the alternate position was not time intensive, after which time Mr. Morgan agreed to the nomination. Mayor Randels amended the language in his motion to state Larry Weber as the Voting Delegate and Jim Morgan as the Alternate Delegate. The motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. DISCUSSION: 13. Enclosed Bus Shelters Mayor Randels gave background on this discussion and distributed a rendering of the bus shelters. He reported that the federal government would supply a shelter with no advertising displays. Mr. Morgan expressed concern with the shelter construction as well as continued maintenance aside from litter. Mr. Morgan also asked if this grant from the federal government were permanent. Mayor Randels responded that this grant from the federal government was for three years in an attempt to lessen traffic, gain riders and assist the City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 6 elderly. Mr. Morgan asked if the shelters would be removed if the project were not feasible. Mayor Randels responded that the shelters would remain. Mr. Weber questioned maintenance and vandalism issues. Mr. Weber expressed that he was not in favor of advertising on the shelters. Council members requested more information of the project. Mr. Treverton deferred to Commander McGee to explain from a safety standpoint. Commander McGee expressed that the shelters would create a haven for the homeless as well as a problem for traffic on the A1A corridor. Mr. Treverton expressed his overall disfavor with a mass transit unit in a less urban area. Chief Sargeant asked if the grant is for the shelter only or if installing a deceleration lane was included. Mayor Randels explained that the Florida Department of Transportation preferred that the trolley stop in the line of traffic as opposed to using a deceleration lane. Chief Sargeant related how the SCAT bus system would not deviate from the course of a scheduled event. A motion was made by Mr. Treverton and seconded by Mr. Morgan to table further discussion on the Enclosed Bus Shelters. The motion carried 5-0 with voting as follows: Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Mr. Treverton, For and Mr. Weber, For. AUDIENCE TO BE HEARD: Ms. Pamela Warren addressed her concerns regarding a conflict with neighbors. Mayor Randels referred her to Commander McGee for assistance. Mayor Randels gave background on the situation in that the neighbor in question had many guests in the home at late evening and early morning hours. Council Members questioned if law enforcement could regulate the City's noise ordinance. Mayor Randels said that the Canaveral Precinct and the City Manager are aware of the situation. Mr. George Bowman expressed that the people involved had responded with foul language and left alcoholic beverage containers in adjacent yards. He said that seven of the fourteen units would be willing to meet with the Commander. Mayor Randels called for a brief recess. The meeting convened at 8:34 P.M 14. City Code Review — Chapters 1 and 2 Mayor Randels questioned if the Council would like to consider this at a workshop meeting Mayor Pro Tem Petsos requested to review through Chapter Six. Attorney McQuagge responded to Mr. Treverton that any changes would require two readings and legal advertising. Mr. Treverton requested to proceed with more code chapters at the next meeting. Council members concurred to review Code chapters through Chapter Six and submit changes to the City Clerk prior to the next Council meeting. Council will schedule a workshop meeting to review the Code at the next scheduled regular meeting. REPORTS: 1. City Manager — Not present. 2. Staff City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 7 Mr. Gardulski • Mr. Gardulski reported that he is working on easement agreements with the businesses along the SR A1A corridor. Mr. Gardulski found graduate students to present an architectural design for the A1A south sign near Grant Avenue. • Mr. Gardulski reported that 60 palms trees are set for installation in the Atlantic Avenue and Ridgewood Avenue areas. • Mr. Gardulski reported that the leak in the Council meeting room was addressed. Mr. Morgan commented that the wall might need further repair to prevent a health hazard. • Mr. Gardulski reported on the A1A beautification progress. Mayor Randels and Mayor Pro Tem Petsos expressed concern with the impending grant fund expiration. Mr. Treverton recommended canvassing interested businesses on improving their aesthetics. Mr. Morgan volunteered to meet with local business owners regarding the Al beautification efforts. • Mr. Gardulski requested a replacement for the Brevard County Water Board in light of Mr. Bruns' departure. Staff would forward information on this to the Council. Chief Sargeant • Chief Sargeant reported on the City ISO's downgrade from a five to a four rating. • Chief Sargeant stated that the Building and Fire Codes expire as of December 31, 2001. He related that the Fire Code adopted administration in the State statute. The adopted code is the 2000 Edition of the Life Safety and National Fire Protection Association (NFPA) One code. NFPA One mirrors the standard Fire Prevention Code. Since there are conflicting regulations in the Building and Fire Codes, the Construction Board of Adjustment and Appeals can intervene to make determinations. • Mr. Treverton asked about a Fire Inspector scheduled to work as the Code Enforcement Officer. Chief Sargeant stated that by ordinance all fire inspectors are code enforcement officers. He affirmed that one of his staff is on schedule as a temporary City employee on his off-duty hours however he was unaware of the amount of hours. City Clerk • No report. City Attorney • No report. 3. City Council Mr. Weber Mr. Weber requested proper electrical installation around the dais for safety purposes. Mr. Weber commented on the A1A All American weekend and said that community participation was nominal but good for the short amount of preparation time Mr. Weber announced the City wide cleanup on January 19th, 8 A.M. to Noon. He requested that staff notify all City Board members of this event. Mr. Treverton • Mr. Treverton reported that Dixie Sampson provided him with a tour of the Canaveral Port Authority. • Mr. Treverton commented on the Budget expenditures in the Public Safety, Code Enforcement and Legal Counsel areas. He also commented on the Capital Expense Impact City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2001 Page 8 Fees with an increase of 35 percent in one month. Mr. Morgan expressed that the increase might be due to permit applications with the imminent changes to the Building Code. Mr. Morgan • Mr. Morgan expressed thanks for his election to office. • Mr. Morgan also expressed that he has input on the storm water proposals. Staff will supply Mr. Morgan with a copy of the storm water master plan. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos expressed favor on continued progress with the All landscaping. • Mayor Pro Tem Petsos questioned about the Library agreement. Attorney McQuagge stated that a draft proposed letter was ready and awaiting approval for forwarding to the County Commission and the Library Manager. The City is prepared legally to proceed in acquiring use of the meeting room if that is Council's desire. Attorney McQuagge suggested placing this item on an upcoming agenda for further discussion. • Mayor Pro Tem Petsos queried Mr. Gardulski on the sand fences. Mayor Pro Tem would like to contact Mr. Kevin Bodge of Olsen Engineering on the feasibility of installing an additional section to the east of the existing sand fences and to create a second dune. • Mayor Pro Tem Petsos referred to the sidewalk concerns in the Cherie Down Park area from a resident that was sent to the City electronic bulletin board. He requested that staff ensure that the sidewalk is restored prior to issuing a Certificate of Occupancy. • Mayor Pro Tem Petsos referred to the Cape Scientific grant application and the lack of points for the 8.5 acres on Central Blvd. and N. Atlantic Avenue. Mayor Randels related that the hearing for the application is November 28th. He stated that the City was one of the first to apply for a grant, however the project did not rank highly on the funding scale. • Mayor Pro Tem Petsos thanked staff for acknowledging his birthday. Mayor Randels • Mayor Randels thanked Commissioner O'Brien for the use of the newly paved parking lot at the American Boom and Barrier Company for the All-American Weekend. • Mayor Randels reported on a 15- unit hotel on North Atlantic Avenue that was approved at the Community Appearance Board meeting. • Mayor Randels related that Susan Smiley of the Space Coast Press -Tribune would like to hold her "A Day at the Park" with the editor at the Manatee Sanctuary Park. • Mayor Randels reported that Scuttlebutt magazine recognized the City's proclamation for Navy League activities in its issue. • Mayor Randels acknowledged no interest was shown on buying a holiday tree to decorate at the zoo. • Mayor Randels requested input on designing the next Annual League of Cities magazine advertisement. Mr. Treverton suggested a photograph of the new Manatee Sanctuary Park boardwalk. Prior to adjourning, Council members agreed to return to the City golf shirt attire. ADJOURNMENT: Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 12/04/01 AGENDA Heading Consent Item 2 No. Ci7an,w_wofficety AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVAL OF EMPLOYEE CHRISTMAS BONUS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of the employee Christmas bonus. Summary Explanation & Background: This is a budgeted item. and I recommend approval Exhibits Attached: Bonus list. Ci7an,w_wofficety Department -nf.Common Dmuments\Agendas 2 12-0401 Christmas Bonus.dm WWTP FUND & FICA 3,162.49 BEAUTIFICATION FUND & FICA 81.54 Total 6,212.50 GENERAL FUND & FICA 3,443.72 N10 4&A0 EMP. 1W 1W Hire Fund and Fund # Fund # Fund # # Name Year 2001 Account Number 001 105 401 1003 Boucher, Bennett C 1981 325.00 001-02 227.50 97.50 1013 Bowers, Andrea L 1995 112.50 001-02 78.75 33.75 1118 Daine, Linda J 1998 70.00 001-02 35.00 35.00 1005 McIntire, Kim 1993 145.00 001-02 101.50 43.50 1146 Haas, Virginia 2001 25.00 001-02 17.50 7.50 1009 Stills, Susan 1994 130.00 001-02 91.00 39.00 1111 Puleo, Cheryl 1993 132.50 001-02 66.25 66.25 1121 Dunne, Paula 1998 57.50 001-04 57.50 1034 McElreoy, Anne R 1997 72.50 001-04 72.50 1135 Peterson, Stazie 1999 42.50 001-04 42.50 1137 Peterson, Kenneth E. 2000 27.50 001-04 27.50 1140 Hayes, Kim 2000 12.50 001-04 12.50 1051 Chapman, Susan L 1989 205.00 001-06 205.00 1131 Reid, Morris 1999 55.00 001-06 55.00 1144 Bubb, Thomas 2001 25.00 001-06 25.00 1018 Barker, Scott A 1996 100.00 001-07 100.00 1106 Daine, Francis 1995 115.00 001-07 115.00 1007 Davis, Timothy 1996 100.00 001-07 100.00 1103 Dawson, Cathy 1991 175.00 001-07 175.00 1107 Evans II, Donald W 1990 190.00 001-07 190.00 1104 McKee, Kay O 1991 175.00 001-07 122.50 52.50 1019 Richart, Michael 1992 160.00 001-07 160.00 1147 Robins, Glen A 2001 25.00 001-07 1012 Akery, Carl R 1966 550.00 401-10 550.00 1061 Bandish, Wafter M 1990 175.00 401-10 175.00 1136 Barger, Max 2000 40.00 401-10 40.00 1102 Clark, June A 1986 250.00 401-10 250.00 1145 Cooper, Chester 2001 25.00 401-10 25.00 1062 Cordero, Carlito 1998 55.00 401-10 55.00 1063 Dasno, Barbara E 1990 175.00 401-10 175.00 1023 Dujardin, Thomas R 1996 100.00 401-10 100.00 1056 Fox, Raymond W 1989 205.00 401-10 205.00 1029 Gardulski, Edward 1997 85.00 401-10 12.75 12.75 59.50 1129 Hardy, Cathy 1999 55.00 401-10 8.25 46.75 1039 Huston, Marianne 1998 70.00 401-10 10.50 10.50 49.00 1132 Managan, Yvette 1999 55.00 401-10 55.00 1020 Marks, Helen P 1996 100.00 401-10 100.00 1065 McCormack, Larry 1991 175.00 401-10 175.00 1011 Prince, Paul E 1989 205.00 401-10 205.00 1148 Sarakos, William C. 2001 25.00 401-10 1068 Taylor, Melton J 1992 160.00 401-10 160.00 1045 Veenstra, Kenneth 1990 190.00 401-10 190.00 1138 Hammons, Michael 2000 27.50 001-11 27.50 1120 Carrigan, Barbara 1998 57.50 001-11 57.50 1125 Fulton, Brenda 1999 42.50 001-11 42.50 1032 Hanson, Nancy L 1978 370.00 001-11 370.00 1113 Latherow, Delores 1997 72.50 001-11 72.50 1037 Norman, Francoise 1983 282.50 001-11 282.50 1043 Welton, Donna 1986 237.50 001-11 237.50 TOTAL 6,262.50 3,199.00 75.75 2,937.75 WWTP FUND & FICA 3,162.49 BEAUTIFICATION FUND & FICA 81.54 Total 6,212.50 GENERAL FUND & FICA 3,443.72 Meeting Type: Regular Meeting Date: 12/04/01 AGENDA Heading Consideration Imo' 3 No. County Transportation Impact Fees to fund the balance of this project, $58,000 is currently available. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DESIGN AND PERMITTING PROPOSAL FOR THE SR AIA WEST PEDWAY BRIDGE. DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the design and permitting proposal for the SR AIA West Pedway Bridge from Stottler, Stagg and Associates in the amount of $19,000 for tasks 1, 3, 4 and 5. Summary Explanation & Background: This is a project objective from the City's vision 2001 plan. SSA estimated the construction cost of $49,500. The City was reimbursed $38,000 from Florida Department of Transportation for the East Pedway Bridge. I would recommend the City also use County Transportation Impact Fees to fund the balance of this project, $58,000 is currently available. The neat County Impact Fee meeting is scheduled for January 2002 and the City would need to request funding of this project at this meeting. With projected Condo and Hotel units being permitted in the near future, the City could have approximately $500,000 of additional transportation impact fees available. Exhibits Attached: Attached — SSA Proposal. City M,0140 -11s' Office Department -ape-nt'',common documents\agendas 2001\12-04-01 west pedway bridga.doc November 23, 2001 SSA Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA (Revised) Fee Proposal for Design and Permitting of West Side Pedestrian Bridge over the Canaveral River Dear Bennett: Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is pleased to present our revised fee proposal for design of a wooden pedestrian bridge across the Canaveral River on the west side of State Road AIIA (SR AIIA). This bridge structure will be similar to the pedestrian bridge on the east side of SR A1A (ie., John Porter Bridge), although the existing utilities and developed lands in the crossing areas will require additional design and construction efforts. It may be necessary to acquire additional easements and build retaining walls. SSA's specific Scope of Services are as follows° SSA SCOPE OF SERVICES Task 1 — Field Surveys/Site Investiqations: SSA will obtain design surveys at the proposed crossing site. Surveys will include canal cross sections, topographic elevations, utility locations, and other pertinent design survey data. SSA will also perform engineering investigations at the site to coordinate preliminary engineering designs. Task 2 —Soil Auger Borings: (By Others — Not A Part of SSA's Proposal) SSA will coordinate with a local geotechnical firm to obtain auger borings at the canal banks to support bridge designs. The cost of this work will be invoiced to the City directly by the geotechnical firm. Task 3 — Development of Preliminary Engineering Designs: SSA will prepare a preliminary design and estimate of probable costs for the bridge which will be reviewed with City staff. Following City approval, SSA will coordinate the permitting with the FDOT and SJRWMD. Task 4 — Final Design of Pedway Bridge: Following inputs from Task 3 meetings, SSA will prepare construction drawings with a bid package for the bridge. As a part of the design a structural evaluation will be performed. SSA will also propose a bid alternative for the decking, considering Trex materials as was done for the Manatee Boardwalk. The City will provide benches, if necessary, and also provide the sidewalk. Task 5 — Permit Applications: SSA will prepare regulatory permit applications for the pedway bridge which will include: ti I I )'17i,I';R STAGG & A>SUCIA'I ES ARCHI I'GCI S i NGINEERS • PLANNERS, INC. 86Nri Nut h Atbunir 1vnur Ir) Rnx I6:30 Cnlx0 CiLMA(rd, Flouu.r32920, Tel 321 -78',i -1U0 Fax 321-783-7065 Lir.#:1.AC000329 #EB0000;62 4I.f3000670C c',civil\orolects',orocosallcity of caoe canaverako-boucher west side oed bridae.doc Mr. Bennett Boucher November 23, 2001 Page 2 SSA (Revised) Fee Proposal — West Side Pedestrian Bridge • Florida Department of Transportation; and • St. Johns River Water Management District SSA's application work will include one (1) request for additional information. If additional work is required this work will be performed by SSA as an additional service. Task 6 — Construction Support Services: (OPTIONAL) If authorized by the City SSA will perform the following construction support services: • Support City with pre-bid meeting; • Hold Contractor pre -construction meeting; • Perform three (3) inspections of work in progress; • Perform review of Contractor draws; and • Perform certification of bridge drawings to the SJRWMD. (Contractor will prepare the record drawings for the bridge as a part of his contract.) SCHEDULES AND FEES Schedules: Upon receipt of written authorization to proceed SSA will begin work immediately. Approximately forty-five (45) working days are estimated to perform the field surveys, investigative work and prepare preliminary drawings. Final schedules will be prepared following the City and Agency reviews. Fees: SSA fees for tasks 1, 3, 4 & 5 above, will be a lump sum of $19,000.00. SSA's fee for construction support services (if authorized) will be a lump sum of $4,000.00. Fees will be invoiced once a month per our City contract. Print costs for five (5) sets of plans have been included for the City in the above lump sum fees. Additional printing, if requested by the City, will be invoiced at SSA's cost plus 10%i Additional work authorized in writing by the City that is not specifically included in this proposal will be deemed as additional services upon City's written authorization to proceed and will be billed at SSA's standard hourly rates or negotiated as a lump sum prior to beginning work. Additional work may include: • The need for additional rights-of-way or easements; • Legal descriptions/sketches, • Additional field/office surveys to support easements, etc.; • Possible retaining walls; • Special shoring details; • Existing drainage relocation designs: • Geotech work (by others); and • Special permitting designs requested by the FDOT and/or SJRWMD. Out-of-pocket expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-up. The City of Cape Canaveral and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants c 1civil',oroiects'vor000sal,,city of cane canaveralko-boucher west side oed bridoe,doc Mr Bennett Boucher November 23, 2001 Page 3 SSA (Revised) Fee Proposal — West Side Pedestrian Bridge to this Agreement. Neither the City of Cape Canaveral nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through February 15, 2002. Acceptance after this date may necessitate increased fees or altered conditions. Bennett, we are looking forward to working with the City on this project. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc, John A. Pekar, PE Vice President JAP:jIs c Acivil\oroiectslor000sallcity of cane canaverallo-boucher west side oed bridoe doc ACCEPTANCE: M TITLE: DATE: 11/29/01 SSA Conceptual Cost Estimate For West Side Al A Pedestrian Bridge (At Canaveral River) Pedway Bridge Criteria: P.T. Wood, Span approx. 90 ft. railings, Width 8' min. - straight bridge Location: Across from John Porter Pedway Bridge Al A Conceptual Construction Cost Estimate Mobilization $ 2,500.00 Drainage Modification $ 4,500.00 Bridge Construction $ 25,000.00 Railings/Ramps $ 8,000.00 Sodding / Clean -Up $ 3,000.00 Subtotal $ 43,000.00 Contingency 15% Subtotal $ 6,450.00 Total w/Contingency $ 49,450.00 Anticipated Engineering Costs Survey $ 3,000.00 Soil Testing (SSA Coordination) $ 1,500.00 Structural Evaluation $ 4,000.00 Design $ 5,000.00 Permitting (FDOT/SJRWMD) (does not include permit fees) $ 5,500.00 ""0 FIIER S iAGG &-, A5SOCIA'11?S Total $ 19,000.00 ARCM FEC- • ENGINEERS • PLANNERS, INC. sI11 :\C:CIVII\we!Ai oR0w'gMicCiIaRRitP(Pt CgsI§-NltR/§ARet1 1 :,pc Canaveral, Noridx:,2920 fel 32 � '9 � 1-733-1320 Fax 321-783-4065 Lic-#AA0000321" I?F;0000762 �,BGCC6�00 Meeting Type: Regular Meeting Date: 12/04/01 AGENDA Heading Ordinance - 2nd Reading Item 4 No. ordinance adds the administrative requirements that are currently within the SBCCI building code. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06, AMENDING CHAPTER 82 RELATING TO BUILDINGS AND BUILDING CODE REGULATIONS DEPTJDIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider the adoption of Ordinance No. 06-01 that amends Code Chapter 82, relating to buildings and building code regulations. Summary Explanation & Background: The new Florida building code will become effective 01/01/02 and all City amendments currently in the existing Chapter 82 are repealed. The new Florida building code does not have any administrative requirements; cities must adopt their own. This ordinance adds the administrative requirements that are currently within the SBCCI building code. The building official will be in attendance to answer any questions or concerns that you might have. Exhibits Attached: Ordinance No. 06-01 Cityer' ffice Department .•.Cape n- ,C—on Ce ents',, Agendas 200:A'.2-09-01 Building Code Ordinance.doc ORDINANCE NO. 06-2001 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, AND PROVIDING FOR ADOPTION OF AN AMENDED CHAPTER 82 RELATING TO BUILDINGS AND BUILDING CODE REGULATIONS: ADOPTING THE 2001 EDITION OF THE FLORIDA BUILDING CODE, THE 2001 EDITION THE FLORIDA PLUMBING CODE, THE 2001 EDITION THE FLORIDA MECHANICAL CODE AND THE 2001 EDITION THE FLORIDA FUEL GAS CODE, THE NATIONAL ELECTRIC CODE, NFPA 70, 1999 EDITION, THE INTERNATIONAL PROPERTY MAINTENANCE CODE 1998 EDITION, THE EXISTING STANDARD BUILDING CODE, 1998 EDITION, PROVIDING FOR THE REPEAL OF ANY ORDINANCE OR RESOLUTION IN CONFLICT HEREWITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Building Commission was charged with developing and implementing a new Florida building code for the State of Florida; and WHEREAS, the statewide, Florida building code will become effective January 1, 2002; and WHEREAS, as a result of the new Florida building code, all local amendments to the building code are repealed effective January 1, 2002; and WHEREAS, The City desires to adopt administrative requirements that are not in conflict with the Florida building code. THEREFORE, BE IT ENACTED BY THE CITY OF CAPE CANAVERAL, FLORIDA: SECTION 1. That Chapter 82 of the City Code of Cape Canaveral, Florida is hereby amended as follows; Article I. General Administrative Sec. 82-1. Proof of competency. The applicant shall present to the building official a current certificate issued by the Florida Construction Industry Licensing Board, or possess a current Brevard County competency card. Sec. 82-2. Occupational license required for contractors. All contractors covered by this chapter must secure an occupational license from the City if their businesses are located within the city. City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 2 82-3 Building Department. There is hereby established a department to be called the Building Department and the person in charge shall be known as the Building Official. Sec. 82-4 Employee qualifications. Employees that are responsible for the administration and enforcement of this chapter shall have the qualifications as defined in Chapter 468. Part XI I, Florida Statutes, and Chapter 61G19, Florida Administrative Code. Sec. 82-5 Restrictions on employees. An officer or employee connected with the Building Department, except one whose only connection is as a member of the board established by this code, shall not be financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or maintenance of a building, structure, service, system or in the making of plans or of specifications thereof, within the jurisdiction of the Building Department. An officer or employee shall not engage in any other work which is inconsistent with his duties or conflict with the interest of the Building Department. Sec. 82-6 Records. The Building Official shall keep, or cause to be kept, a record of the business of the Building Department. The records shall be open to public inspection. Sec. 82-7 Liability. Any officer or employee, or member of the Construction Board of Adjustment and Appeals, charged with the enforcement of this code, acting for the applicable governing authority in the discharge of his duties, is hereby relieved from all personal liability, for any damage as a result of the discharge of his duties under this code. Any officer, employee or member of the Construction Board of Adjustment and Appeals shall be indemnified by the City of Cape Canaveral from any law suit brought by any party against same as a result of any act taken in the discharge of his duties under the Cape Canaveral Code of Ordinances. Sec. 82-8 General. The Building Official is hereby authorized and directed to enforce the provisions of this code. The Building Official shall have the authority to render interpretations of this code, to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent of purpose of this code, and shall not have the effect of waiving requirements specifically provided for in this code. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 3 Sec. 82-9 Right of entry. (a) Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the Building Official has reasonable cause to believe that there exists in any building or upon any premises any condition or code violation which makes such building, structure, premises, electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the building official may enter such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this code. If such building or premises are occupied, he shall first present proper credentials and request entry. If such building, structure, or premises are unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to secure entry. (b) When the Building Official shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building, structure, or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the Building Official for the purpose of inspection and examination pursuant to this code. Sec. 82 —10 Stop work orders. Upon notice from the Building Official, work on any building, structure, electrical, gas, mechanical or plumbing system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner, shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. Sec. 82-11 Revocation of permits. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any provisions of this code. (a) Misrepresentation of application. The Building Official may revoke a permit or approval, issued under the provisions of this code, in case there has been any false statement or misrepresentation as to the material fact in the application or plans on which the permit or approval was based. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 4 (b) Violation of code provisions. The Building Official may revoke a permit upon determination by the Building Official that the construction, erection, alteration, repair, moving, demolition, installation, or replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was issued is in violation of, or not in conformity with, the provisions of this code. Sec. 82-12 Unsafe buildings or systems All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems. All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement Code or other provisions of the City of Cape Canaveral codes. Sec. 82-13. Permitting and inspection The inspection or permitting of any building, system or plan by the jurisdiction under the requirements of this code shall not be construed in any court as a warranty of the physical condition of such building, system or plan or their adequacy. Neither the jurisdiction nor any employee thereof shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting, unless the employee of jurisdiction is found to have acted in bad faith or with malicious purpose in a manner exhibiting wanton and willful disregard of the safety, health and welfare of the public. Sec. 82-14. Permit Intent Permit Intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provisions of the technical codes, nor shall issuance of a permit prevent the building official from thereafter requiring a correction of errors in plans, construction, or violations of this code. Every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time work is commenced. The permit shall become invalid after three years from the date of its issuance in zoning districts of the city, unless the building or buildings subject to the permit have exteriors and landscaping which are in substantial compliance with the plans and specifications and comply with the provisions of section 34-96, section 34-97, subsections 34-98(3), (4), (5) (6), (7), (8), (9), and (11), section 34-99, and section 34-122 of the City Code of Ordinances. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 5 Extensions of time for building permits may be granted only by the city council. Further, any unfinished buildings or structures for which a permit has lapsed or otherwise become invalid, and where the appearance and other conditions of such unfinished building or structure substantially detracts from the appearance of the immediate neighborhood, or reduces the value of property in the immediate neighborhood, or is a nuisance shall be deemed to be a violation of the above referenced code sections, which violation may be enforced by the code enforcement board. Sec. 82-15 Schedule of Permit Fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with appendix B of the City of Cape Canaveral code. Sec. 82-16 Additional data The Building Official shall be allowed to require details, computations, stress diagrams, and other data necessary to describe the construction or installation and the basis of calculations. All drawings, specifications and accompanying data required by the Building Official to be prepared by an architect or engineer shall be affixed with their official seal. Sec. 82-17 Hazardous occupancies. The Building Official may require the following: 1. General site plan. A general site plan drawn at a legible scale which shall include, but not be limited to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots, internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and the maximum quantities per hazard class of hazardous materials stored. 2. Building floor plan. A building floor plan drawn to a legible scale, which shall include, but not be limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways, corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and quantity range per hazard class of the hazardous materials stored. Sec. 82-18 Special foundation permit. When application for permit to erect or enlarge a building has been filed and pending issuance of such permit, the Building Official may, at his discretion, issue a special 11Cape-ntlcityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 6 permit for the foundation only. The holder of such a special permit is proceeding at his or hers own risk and without assurance that a permit for the remainder of the work will be granted or that corrections will not be required in order to meet provisions of the technical codes. Sec. 82-19 Public right of way. A permit shall not be given by the Building Official for the construction of any building, or for the alteration of any building where said building is to be changed and such change will affect the exterior walls, bays, balconies, or other appendages or projections fronting on any street, alley or public lane, or for the placing on any lot or premises of any building or structure removed from another lot or premises, unless the applicant has made application for right of way permits from the authority having jurisdiction over the street, alley or public lane. Sec. 82-20 Existing building inspections. Before issuing a permit, the Building Official may examine or cause to be examined any building, electrical, gas, mechanical, or plumbing systems for which an application has been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. The Building Official shall inspect all building structures, electrical, gas, mechanical and plumbing systems, from time to time, during and upon completion of the work for which a permit was issued. He shall make record of every such examination and inspection and of all violations of the technical codes. Sec. 82-21 Inspection service. The Building Official may make, or cause to be made, the inspections required by the Florida Building Code. He or she may accept reports of inspectors of recognized inspection services, provided that after investigation he is satisfied as to their licensure qualifications and reliability. A certificate required by any provision of this code shall not be based on such reports unless the same are in writing and certified by the building code inspector or the architect or engineer performing building code inspections. The Building Official shall ensure that all persons making such inspections shall be certified in accordance to Chapter 468 Florida Statutes. Sec. 82-22. Tests For products not covered under the statewide product evaluation and approval system, the building official may require tests or test reports as proof of compliance. Required tests are to be made at the expense of the owner, or his agent, by an approved testing laboratory or other approved agency. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 7 Sec. 82-23 Violations and penalties. Any person, firm, corporation or agent who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired, moved or demolished a building, structure, electrical, gas, mechanical or plumbing system, in violation of a detailed statement or drawing submitted and permitted there under, shall be guilty of a misdemeanor of the second degree punishable under Section 1-15 of The City of Cape Canaveral Code of Ordinances. Each such person shall be considered guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed or continued, and upon conviction of any such violation such person shall be punished within the limits and as provided by Florida laws. ARTICLE II BUILDING CODE Sec. 82-31. Florida Building Code adopted. The Florida Building Code 2001 edition as published by the Florida Building Commission, shall be known as the City of Cape Canaveral Building Code and is hereby adopted by reference and incorporated herein as if fully set out. (a) The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this code (b) The following appendix to the Florida Building Code 2001 edition is hereby adopted: Appendix A. (Weight of Building Materials) (c) Wind speed zone: All of the City of Cape Canaveral as described within the city charter, Article I, Sec. 2, is in the wind speed zone of 130 mph. 3 -second gust. (d) Wind exposure category. All of the City of Cape Canaveral as described within the city charter, Article I, Sec. 2, is in the wind exposure category Exposure "C" (e) Wind borne debris region. All of the City of Cape Canaveral as described within the city charter, Article I, Sec. 2, is in the wind borne debris region. Sec.82-32. Establishment of Construction Board of Adjustment and Appeals There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of five members. The board shall be appointed by the city council. (a) Members of the construction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 8 as design professionals, contractors or building industry representatives. A board member shall not act in a case in which he has a personal or financial interest. (b) Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office. (c) Quorum and Voting. Three members shall constitute a quorum and the affirmative vote of the majority present shall be necessary for any board actions. (d) Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (e) Powers. The Construction Board of Adjustments and Appeals shall have the power, as further defined in 82-29, to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. Sec.82-33. Appeals (a) Decisions of the building official. The owner of a building, structure or service system, or his duly authorized agent, may appeal a decision of the building official to the Construction Board of Adjustment and appeals whenever any one of the following conditions are claimed to exist: The building official rejected or refused to approve the mode or manner of construction proposed to be followed or materials to be used in the installation or alteration of a building, structure or service system. 2. The provisions of this code do not apply to this specific case. 3. That an equally good or more desirable form of installation can be employed in any specific case. 4. The true intent and meaning of this code or any of the regulations thereunder have been misconstrued or incorrectly interpreted. (b) Variances. The Construction Board of Adjustments and Appeals, when so appealed to and after a hearing, may vary the application of any provision of this code to any particular case when, in its opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this or the technical codes or public interest, and also finds all of the following: \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 9 1. That special conditions and circumstances exist which are peculiar to the building, structure or service system involved and which are not applicable to others. 2. That the special conditions and circumstances do not result from the action or inaction of the applicant. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this code to other buildings, structures or service system. 4. That the variance granted is the minimum variance that will make possible the reasonable use of the building, structure or service system. 5. That the granting of the variance will be in harmony with the general intent and purpose of this code and will not be detrimental to the public health, safety and general welfare. (c) Conditions of the variance. In granting the variance, the board may prescribe a reasonable time limit within which the action for which the variance is required shall be commenced or completed or both. In addition, the board may prescribe appropriate conditions and safeguards in conformity with this code. Violation of the conditions of a variance shall be deemed a violation of this code. (d) Notice of appeal. Notice of appeal shall be in writing and filed within 30 calendar days after the decision is rendered by the building official. Appeals shall be in a form acceptable to the building official. (e) Unsafe or dangerous buildings or service systems. In the case of a building, structure or service system which, in the opinion of the building official, is unsafe, unsanitary or dangerous, the building official may, in his order, limit the time for such appeals to a shorter period. Sec.82-34. Procedures of the Board (a) Rules and regulations. The board shall establish rules and regulations for its own procedure not inconsistent with the provisions of this code. The board shall meet on call of the chairperson. The board shall meet within 30 calendar days after notice of appeal has been received. (b) Decision. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision without unreasonable or unnecessary delay. Each decision of the board shall also include the reasons for the decision. If a decision of the board reverses or \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 10 modifies a refusal, order, or disallowance of the building official or varies the application of any provision of this code, the building official shall immediately take action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the building official and shall be open to public inspection. A certified copy of the decision shall be sent by mail or otherwise to the appellant and a copy shall be kept publicly posted in the office of the building official for two weeks after filing. Every decision of the board shall be final, subject however to such remedy as ay aggrieved party might have at law or in equity. Sec. 82-35-82-55 Reserved. ARTICLE III. UNSAFE BUILDING A ABATEMENT CODE Sec. 82-56. Standard Unsafe Building Abatement Code Adopted. The Standard Unsafe Building Abatement Code, 1985 edition, as published by the Southern Building Code Congress International, Inc., is hereby adopted by reference and incorporated herein as if fully set. The Standard Unsafe Building Abatement Code is hereby amended to read as follows: (a) Section 105.1. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this code. (b) Section 605. Cost of repair or demolition; lien on property: collection. (1) Upon repair or demolition of any building or structure, either with city crews or by independent contractor, all costs of demolition and/or repair shall be assessed against and constitute a lien on the property upon which the building or structure is/was situated. The lien shall be equal in rank, priority and dignity with the lien of Brevard County ad valorem taxes and shall be superior to all other liens, encumbrances, titles and claims in, to or against the property. Cost shall include, but not limited to, administrative cost, attorney's fees, postage, newspaper publication fees and actual costs of physical removal and/or repair. (2) The city clerk shall file such lien in the Public Records of Brevard County Florida, showing the nature of the lien, the amount thereof, a legal. Description of the property and the owner thereof. Such liens shall bear interest from the date of filing at the highest rate allowed by law. (3) The lien may be enforced in the same manner as a court judgment by the Sheriffs of the State of Florida, including \1Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 11 levy against personal property, and may also be foreclosed in the nature of a mortgage. All costs and attorney's fees incurred in collection of amounts due under any such lien shall also be secured by the property and included within the total sum due under the lien. Sections 82-57 & 82-58 are hereby repealed Secs. 82-59-82-80 Reserved. ARTICLE IV. COASTAL CONSTRUCTION CODE THE FOLLOWING CODE SECTIONS ARE HEREBY AMENDED Sec. 82-88 Structural requirements for major structures. (a) Design and construction. Major structures, except for mobile homes, shall be designed and constructed in accordance with section 1606 of the building code adopted in section 82-31 using a 3- second gust 130 miles per hour. Major structures, except mobile homes, shall also comply with the applicable standards for construction found elsewhere in this Code. (b) Mobile homes. Mobile homes shall conform to the federal mobile home construction and safety standards or the Uniform Standards Code ANSI A-119.1, pursuant to F.S. § 320.823, as well as subsection (c) of this section. (c) Elevation, flood proofing and siting. All major structures shall be designed, constructed and located in compliance with the national flood insurance regulations as found in 44 CFR 59 and 60 or section 90-26 et seq. pertaining to flood damage prevention, whichever is more restrictive. (Code 1981, § 612.15) Sec. 82-89. Design conditions. (a) Velocity pressure. Major structures, except mobile homes, shall be designed in accordance with section 1606 of the building code adopted in this section 82-31. Secs.. 82-95-82-115. Reserved \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 12 ARTICLE V. ELECTRICAL. Sec. 82-116. Adoption of National Electrical Code. The National Electric Code, NFPA 70, 1999 edition, as published by the National Fire Protection Association, is hereby adopted by reference and incorporated herein as if fully set out. The electrical inspector is hereby given the power to disconnect extension cords, temporary wiring, branch circuits, sub feed conductors, or the main service supplying electrical energy to any portion of an electrical wiring system on or in buildings, or on premises, if this wiring is in the opinion of the inspector considered to be hazardous to life or property. Any person supplying current must disconnect service from the source of supply upon instructions from the electrical inspector where hazards are deemed to exist, after receiving written notice from the electrical inspector. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. Sections 82-117 — 82-125 are hereby repealed Sections 82-125 - 82-145. Reserved. ARTICLE VI. PLUMBING. Sec. 82-146. Adoption of Plumbing Code. The Florida Plumbing Code, 2001 edition, as published by the Florida Building commission is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. The following appendices of the Florida Plumbing Code are hereby adopted: Appendix B, Appendix D, and Appendix E. Sections 82-147 & 82-148 are hereby repealed Sec. 82-149- 82-170. Reserved. \\Cape-nt\cityclerk\CityClk\OrdinanceslBidg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 13 ARTICLE VII. FUEL GAS. Sec. 82-171. Adoption of Fuel Gas Code. The Florida Fuel Gas Code, 2001 edition, as published by the Florida Building Commission is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. The following appendices of the Florida Fuel Gas Code are hereby adopted: Appendix A and Appendix B. Sections 82-172 & 82-173 are hereby repealed Sec. 82-174 - 82-195. Reserved. ARTICLE VIII. MECHANICAL. Sec. 82-196. Adoption of Mechanical Code. The Florida Mechanical Code, 2001 edition, as published by the Florida Building Commission, is hereby adopted by reference and incorporated herein as if fully set out. The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. Sections 82-197 is hereby repealed Sec. 82-198 - 82-220. Reserved. SECTION 2. That Amended Chapter 82 of the City Code of Cape Canaveral, Florida hereby repeals Article IX Solar Energy Standards, Article X Swimming Pool Code, Article XI Housing Code, Article XII Excavation and Grading Code and Article XIII Threshold Building, and the following Articles are hereby adopted \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 14 ARTICLE IX INTERNATIONAL PROPERTY MAINTENANCE CODE Sec. 82-221. International Property Maintenance Code Adopted. The International Property Maintenance Code, 1998 edition, as published by the international Code Council, is hereby adopted by reference and incorporated herein as if fully set out. (a) The Construction Board of Adjustment and Appeals shall serve as the Property Maintenance Board of Adjustment and Appeals for this article. Sec. 82-222 - 82-232. Reserved. ARTICLE X EXISTING STANDARD BUILDING CODE Sec. 82-233. Existing Standard Building Code adopted. The existing Standard Building Code, 1988 edition, as published by the Southern Standard Building Code Congress International, Inc., is hereby adopted by reference and incorporated herein as if sully set out. (a) The Construction Board of Adjustment and Appeals shall serve as the Board of Adjustment and Appeals for this article. Sec. 82-233 - 82-243. Reserved. SECTION 3. CONFLICTING PROVISIONS. Any ordinance, or parts thereof, in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 5. EFFECTIVE DATE 1, 2002 upon its adoption. \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc This Ordinance shall take effect January City of Cape Canaveral, Florida Ordinance No. 06-2001 Page 15 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2001 Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY First Public Hearing: 11-20-01 Legal Ad Published: 11-24-01 Second Public Hearing: 12-04-01 \\Cape-nt\cityclerk\CityClk\Ordinances\Bldg Code 2001.doc Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR who on AOlf772860-1l /24,2001 oath says that she is LEGAL ADVERTISING CLERK NOTICE OF PUBLIC HEARING The City Counal of the City of of the FLORIDA TODAY a newspaper in Brevard County, Florida;that Cap a�Florida will , published a �� aring for the purpose of adopting Ordnance the attached copy of advertising being a LEGAL NOTICE W.0 akin the City Hall Annex, Ca- I 11 Florida at 7:00 P.m. on naveral, (AD# 7728604147.08) the matter of Tuesday, December 4, 2001. The ordinance may be in- spected in its entirety in the Gly CITY OF CAPE CANAVERAL Clerk's office during regular working hours (8:30 aim. to 2:00 p.m., Monday-Fridav)- in the Court ORDINANCE NO.06-01 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, ORDINANCE NO. 06-01 loo AMENDING CHAPTER 82, AND PROVIDING FOR ADOPTION OF AN AMENDED CHAPTER 82 RELATING TO BUILDINGS AND BUILDING was published in the FLORIDA TODAY NEWSPAPER �E THE 20001TEDITIOANOOF THE FLORIDA BUILDING in the issues of NOVEMBER 24 2001 � CODE, THE 2001 EDITION THE FLORIDA PLUMBING CODE, THE 2001 EDITION THE FLORIDA MECHANICAL Affiant further says that the said FLORIDA TODAY NEWSPAPER FLORIDAA F'ELD' GAS �E1 CODE, THE NATIONAL is a newspaper in said Brevard County, Florida, and that the said newspaper has E, NFPA 70 999 EDITIION,OTHE INTERNA- TIONAL PROPERTY MAIN- heretofore been continuously published in said Brevard County, Florida, regularly as TENANCE CODE 1998 EDITION, THE EXISTING STANDARD BUILDING CODE, stated above, and has been entered as periodicals matter at the post office in 1FOR THE REPEAL OF PROVIDINGFOR ORDINANCE OR RESOLU- TION IN CONFLICT HERE - MELBOURNE in said Brevard County, Florida, for a period of one year next preceding WITH: PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE the first of the attached copy of advertisement; and affiant further says that PursuFloridant to Section publication City hereby advises the public that,. If a per - she has neither nor any firm or corporation any discount, rebate, alanyip, a � paid promised person, with respect to any matter con - commission or refund for the purpose of securing this advertisement for publication insidered t this ,�t�t personwatr proceedings, and for such pur- to tp`a said newspaper. /need verbatim record of the proceedings IS made, w'�'e` which (Signature of Affiant) many and evidence up be based does 'not �I� sent by the City for the Sworn to and subscribed before this this 24TH -.DAY OF NOVEMBER 2001 vieintro- duction of otherwise evidence- slble or irrelevant evidence, nor does It aultwoa challenges or j appeals not otherwise allowed / by law. Persons with dsabilities needing assistance to Partki- Pate in am of these proceed'mgs t A should contact the Gty Clerk's (Signature of Notary Public) office (8611-1221) m moos n aa- z ? 11 vanceatthe meetfng. l Susan Stills, CMC ='�cS City Clerk }` L LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) Personally Known &11 or Produced Identification Type Identification Produced t_ e-nflCo=on Doc -mdas 2 1112-04-01 Caribe - Tropic Beach Drives.doc Meeting Type: Regular Meeting Date: 12/04/01 AGENDA Heading Resolution Item 5 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 01-43, OFFICIALLY NAMING CARIBE DRIVE AND TROPIC BEACH DRIVE. DEPTJDIVISION: BUILDING/PUBLIC SAFETY Requested Action: City Council consider adopting Resolution No. 0143, Officially Naming the Private Roads of Caribe and Tropic Beach Drive. Summary Explanation & Background: This was requested by the developer, Towne Realty and the names have been approved by County E-911. I recommend approval. Exhibits Attached: Resolution No. 01-43 City M g�e"' Office Department RESOLUTION NO. 0143 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME CARIBE DRIVE AND TROPIC BEACH DRIVE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED PRIVATE ACCESSES ON THE ORRICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been requested to name the following private accesses: Private accesses located in Section 14, Township 24 South, Range 37 East, as indicated on the attached map, marked "Exhibit A," and: WHEREAS, the above described private accesses should be named to improve location identification for 9-1-1 purposes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida that: SECTION 1. The names Caribe Drive and Tropic Beach Drive are adopted for the above-described private accesses. SECTION 2. By naming these private accesses, the City of Cape Canaveral in no way accepts maintenance responsibilities for said accesses. SECTION 3. It shall be the property owner's responsibility to place the appropriate street sign(s) and keep said private accesses clear and accessible for emergency vehicles. SECTION 4. These names shall become effective upon adoption of this resolution. SECTION 5. The Resolution be recorded in the Official Records Book in the office of the Clerk of the Circuit and County Courts, and a copy of same be forwarded to the Post Office serving that area, Supervisor of Elections, and all concerned public safety agencies for their information, and that the proper notations be made on all maps of record. City of Cape Canaveral, Florida Resolution No. 01-43 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2001. Rocky Randels, MAYOR ATTEST: FOR AGAINST Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVFP AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY \\Cape-nt\cityclerklCityClk\Resolutions\STREETS\Caribe and Tropic Beach Drives.doc § 98-118 CAPE CANAVERAL CODE (b) If retainer walls or bulkheads are con- structed, the applicant shall provide written ver- ification of compliance with, or waiver from, any and all requirements of the state department of environmental protection or its successor depart- ments/agencies and, where applicable, the U.S. Army Corps of Engineers. Written verification shall consist of either the appropriate construc- tion permit or correspondence waiving all permit- ting requirements. (Code 1981, § 503.22; Ord. No. 22-93, § 1(503.24), 7-6-93) Sec. 98.119. Street names. (a) Street name signs shall be installed at the intersection of all streets, carrying the street names approved on the subdivision plat. (b) Naming of streets shall be in the following manner. Short (less than 1,000 feet Direction Long in length) East and west Avenues Places North and south Streets Courts Diagonal Roads Ways Curving Drives Lanes or Circles (c) In no case shall a name for a proposed road duplicate an existing road name, regardless of whether the road is further described as an av- enue, boulevard, driveway, place, way, lane, circle or court. The applicant must secure the approval of the county address assignment/E-911 system for the names of all proposed roads and streets. (d) Location and design of street name signs shall be subject to the approval of the city council. (Code 1981, § 503.23; Ord. No. 22-93, § 1(503.25), 7-6-93) CD98:24 Meeting Type: Regular Meeting Date: 12/04/01 AGENDA Heading Discussion Item See attached. No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BUS SHELTERS DEPTJDIVISION: LEGISLATIVE Requested Action: Mayor Randels has responded to City Council's concerns, see attached. The Mayor is asking the City to install one bus shelter and monitor it before anymore are installed. Summary Explanation & Background: See attached. Please advise. Exhibits Attached: Mayor Randel's response. City Manager' Office Department ',Cape- nt mon Doc e �Agen \ 2A401 Bus Shelters.doc Meeting Type: Regular -MeetingDate: 11-10-01 AGENDA Heading Discussion Item 13 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: ENCLOSED BUS SHELTERS DEPT./DIVISION: LEGISLATIVE Talk s Requested Action: Mayor Randels is asking City Council to consider the installation of enclosed bus shelters along the trolley route utilizing a Federal grant. ���`� l rd h W NN<0 u2., .. �.. •►� 1� s'!�S 7 C.. L VIP— Summary Explanation & Background: In the past, City Council evaluated and declined the bus shelter offer by 20/20 Media that would display advertising. Bus shelters acquired with the Federal grant will not have advertising. Please advise. P� irJ vlr ,f�► � O C.� -- j.} Arm ,Vi61te,3 CA- ova Exhibits Attached: Mayor's request. p..S f V..s A r tv .w.a T -V0 % 1 G►vc s - City Managefs Office \bus.doc Department LEGISLATIVE (Q 33--� g-`7 �. V �-- C.� 11- w V - C\ ►...ACS.-- � �R. c.; Meeting Type: Regular Meeting Date: 12/04/01 AGENDA Heading Discussion Item 7 No. The County Attorney's office is seeking comments on this draft ordinance. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BREVARD COUNTY RAVE CLUB ORDINANCE OPT -IN PROVISIONS DEPTJDIVISION: LEGISLATIVE Requested Action: City Council review the draft Brevard County Rave Club Ordinance that provides language for municipalities to be covered by the provisions of the County Rave Club Law. Summary Explanation & Background: The City upon its adoption by the Board of County Commissioners are considered included, unless the City wishes to opt -out. The County Attorney's office is seeking comments on this draft ordinance. Exhibits Attached: Draft ordinance. City Manager's—Office Department ';,.Cape- o Dmumen ?,gendas 200 ve Ordinance.doc 11/30/01 14:45 FAX 3216332096 Meeting Date. December 4, 2001 COUNTY ATTORNEY V 0 o� pe � c i = • o nr AGENDA REPORT BREVARD COUNTY BOARD OF COUN7Y COMMISSIONERS SUBJECT: Rave Ordinances 10 002 AGENDA Section CW&W Idem No. DEPT./OFFICE: County Attorney's Office - Contact Person: Terri .tones, Assistant County Attorney Telephone: 633-2090; FAX: 633-2096; E -Mail: Terri Jones@BCC ®Viera Requested Action: It is requested that the Board of County Commissioners authorize the title of the proposed amendment of the Rave Ordnance for advertisement for public hearing for the Ordinance to be heard on January 8, 2002. Summary Explanation & Background: Relevance to the Vision Statement: The proposed amendment affirms the provision for the health, education and social needs of our citizens. Fiscal Impact: Economic Impact: Not determinable Exhibits Attached: proposed Ordinance County Manager's Office Department. KNOX .Y_ 11/30/01 14:45 FAX 9216932096 C017NTY ATTORNEY IA003 ORDINANCE NO. 2002-_ DRAFT AN ORDINANCE OF BREVARD COUNTY, FLORIDA, AMENDING ORDINANCE 2001-25 RELATING TO RAVE CLUB REGULATIONS SPECIFICALLY AMENDING THE FOLLOWING SECTIONS: SECTION 5 DEFINITIONS; SECTION 6 ACKNOWLEDGMENT OF EXEMPTION; SECTION 8 REQUIREMENT FOR ISSUANCE OF LICENSE; POSTING; SECTION 14 INSPECTIONS; SECTION 17 VIOLATIONS, PENALTIES AND REMEDIES; SECTION 18 SUSPENSION OF LICENSE; SECTION 23 AREA ENCOMPASSED; AND PROVIDING FOR RATIFICATION OF ALL OTHER PROVISIONS OF ORDINANCE 2001-25; 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. WHEREAS, the governing bodies of some of the municipalities desires that Brevard County's Rave Ordinance apply within those municipalities. WHEREAS, if the governing body of a municipality may enactits own rave or dance -hall ordinance, it may opt -out of the Brevard County's Rave Ordinance area encompassed clause. NOW, THEREFORE BE IT ORDAINED by the Brevard County Board of County Commissioners as follows: Section 1. Revision of Definitions. Section 5, Definitions of Ordinance 2001-25 is hereby amended to read as follows: 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 Ciq means a municiRalitY located in the C unt . City 1NanaQer means the chief executive officer of a City or desigUee. 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 11/50/01 14:45 FAX 3216332096 COUNTY ATTORNEY Z004 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. �.... J f� County means Brevard County. Florida 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) 1s 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 for the unincorporated areas or the City for incorporated areas, to sell, serve or dispense alcoholic beverages for on -premises consumption; URA!r--'( 11/30/01 14:45 FAX 3216332096 COUNTY ATTORNEY 10005 (2) An adult -entertainment establishment, as defined in Section 62-4901 et seq. of the Brevard County Code for the unincorporated areas or the applicable DRAFTadult entertainment ordinance for the incomeorated areas, 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; (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 (S) 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. DRAFT 11/30/01 14:46 FAX 3216332096 COUNTY ATTORNEY 10006 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. Premises means the building. the lot parking areas. and any area under the control of the ope �r of the rave club. Sheriff means the Brevard County Sheriff or a Ci 's ief of Police or designee. Section 2. Revision of Acknowledgment of exemption. Section 6. Acknowledgment of exemption of Ordinance 2001-25 is hereby amended to read as follows: 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 DRAFT(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 bared from receiving a license to operate a rave club 4 11/30.01 14:46 FAX 3216332096 COUNTY ATTORNEY 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 :... �iUn�t�1R4�h77•a 'n u■�Ru.n n-�■�ly't�1 �liS■1 n n..�7nn�'.•��n1�l�It9 fj a valid and current occupational license. and 10 007 W if located within a city, any other information which the city manager from ti7 me to time may require on the application for acknowledgment of DRAFT exem2tion: and (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 5 11/90/01 14:46 FAX 9216332086 COUNTY ATTORNEY 10008 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; (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 (S) There have been two or more instances of violence at the place or event; or DRAFT 6 11/30/01 14:46 FAX 3216332096 COUNTY ATTORNEY Z009 (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 deternvnes 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 3. Revision of Requirements for issuance of license; posting. Section 8. Requirements for issuance of license; posting of Ordinance 2001-25 is hereby amended to read as follows: DRAFT 01 11/30/01 14:47 FAX 3216332096 COITNTY ATTORNEY 12 010 (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 for the unincorporated areas or_the applicable fire prevention and protection ordinance for the incorporated areas; 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 for the unincorporated areas or the applicable building. and building regulations ordinance for the inco orated areas; 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, DRAFTluding but not limited to provisions related to zoning and parking. Or if located 8 11/30.01 14:47 FAX 3216332096 COUNTY ATTORNEY 0011 in a City, an aynbcant has failed to obtain a certification the City Manap-er that the rave club complies with all applicable zoning provisions of the City'S Code of Ordinances. (7) An applicant has been convicted of a crime a. involving: (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 DRAFT 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; 51 11/30/01 14:47 FAX 3216992096 COUNTY ATTORNEY [A 012 (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, 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. If located in a City the county manager shall distribute a copy to the gjU g, The sheriff and the specified county departments shall review the application for compliance with 10 DRAFT 11/30!01 14:47 FAX 3216332096 COUNTY ATTORNEY 14 013 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. (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 4. Revision of Inspections. Section 14. Inspections of Ordinance 2001-25 is hereby amended to read as follows: (a) Application for, and issuance of, any rave club license shall constitute consent by the licensee for authorized employees of Brevard Countythe City, 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., the City. or any authorized law enforcement officer at any time it is open or occupied. 11 DRAFT 11/30.01 14:48 FAX 3216332096 COUNTY ATTORNEY 10014 Section S. Revision of Violations, penalties and remedies. Section 17. Violations, penalties and remedies of Ordinance 2001-25 is hereby amended to read as follows: (a) It is deemed unlawful for a licensee or an agent or employee of a licensee to commit any one of the following acts: (1) Violation of any provision of the rave club rcgulations; (2) Consumption or possession 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 lot; or (6) Knowingly permit the possession, consumption or sale of any illegal drugs on the rave club premises -:or Failure to receive a valid occupation license within ten (10) days of receipt of a rave club license. (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 M applicable city ordinance. DRAFT 12 11/30/01 14:48 FAX 3216332096 COUNTY ATTORNEY Z015 (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. Section 6. Revision of Suspension of license. Section 18. Suspension of license of Ordinance 2001-25 is hereby amended to read as follows: 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 or possessed 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. DRAFT 13 11/30.01 14:48 FAX 3216392096 COUNTY ATTORNEY 10016 Section 7. Area Encompassed. Section 23. Area Encompassed of Ordinance 2001-25 is hereby amended to read as follows: This ordinance shall be effective in all municilWities and the unincorporated area of Brevard County, Florida-, unless the municipality has enacted an ordinance regulating rave or dance -hail clubs or has passed a resolution declaringthat the city does not desire to regulate rave or dance -hall clubs Section S. Ratification of Ordinance 2001.25. All other provisions set forth in Brevard County Ordinance 2001-25 and any amendments thereto are hereby ratified, confirmed and shall remain in full force and effect. Section 9. 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. DONE, ORDERED AND ADOPTED in Regular Session, this _ day of January, 2002. ATTEST SCOTT ELLIS, CLERK BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TRUMAN SCARBOROUGH, JR., CHAIRMAN (As approved by the Board on January 8, 2002) 14 DRAFT Meeting Type: Regular Meeting Date: 12/04/01 AGENDA Heading Discussion Item g No. Resolution No. 2000-42. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SEWER RATES DEPT./DIVISION: LEGISLATIVE Requested Action: Council Member Morgan would like to lead a discussion on modifying the sewer rates. Summary Explanation & Background: I have attached the Resolution that enacted the (5) year sewer rate plan for your information. A 3% rate increase is scheduled for 01/01/02. Exhibits Attached: Resolution No. 2000-42. City Mana ice Department '',Cape-nt\Common Dcnaimen 01\ 2-0401 Sewer Ratesdm RESOLUTION NO. 2000 - 42 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING A NEW SCHEDULE OF RATES UNDER APPENDIX B, CHAPTER 78, UTILITIES, ARTICLE III, SERVICE RATES, DEPOSITS AND BILLING PROCEDURES, SUBSECTION (b) MONTHLY SEWER RATES, OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES FOR SEWER SERVICE WITH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, per Section 78-152 of the Code of Ordinances, provided for the adjustment of the Sewer Rates by Resolution; based on Regulatory or Environmental Factors; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, per Section 78-153 and Section 78-154 of the Code of Ordinances, provided for the charges for sewer reinstatement, and WHEREAS, the City's Wastewater Treatment Plant upgrade to an advanced wastewater treatment and the construction of the reclaimed water facilities as required by the Indian River Lagoon Act, necessitated a rate increase of 3% per year for the years 2001, 2002, 2003, 2004, and 2005 to meet revenue requirements for debt and operation of these facilities; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, acting upon the results of a Revenue Sufficiency Analysis, prepared by outside source to forecast future revenues and obligations of the Wastewater Treatment facilities, as follows: SECTION 1. The Rate Schedule as set out in Appendix B, Chapter 78, Utilities, Article III, Service rates, Deposits and Billing Procedures, Subsection (b) Monthly Sewer Rates and Subsection (c) Sewer Service Reinstatement fee of the City of Cape Canaveral Code of Ordinances is hereby deleted in its entirety and Exhibit A adopted in lieu thereof: SECTION 2. This Resolution shall become effective commencing the service month of January 1, 2001. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 3rd day of October 2000. �Ck Rocky Randels, AYOR ATTEST: Burt Bruns Sandra mith, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Larry Weber I 1 i Kohn Bennett, CITYATTORNEY \ICape-nt\cityclerklC4Clk\Resclutions\FEES\Sewer Rates Amendment 2000-26.doc FOR AGAINST Second Motion X X X _T E W 0 m O V In to D Of Q' d' K W W W W Ln O O O N 6 O _0 m a) m O O ' O � O "O t{ CD m E L n y O_ D U O y C m O C "y r E a� c 0 O O U C � rn 3 C O N 3 0 _0m m m O a� O r o N a) N a o at L p� m m oU � E C w m E m W cn O C O C a N E T r m u CD o � L T C � m CL T O D N � c w a o •� a D 7 d 0 U aai ow � (2 m O O 0 D O L 3 n m C] @ U a n- 'a 3 7 C N D : y E o C o z 10 Q U W 2 O U C7 1 I _T m d C: m O O N w y O O O w �. O E O _.ate'=U v _ U m LO 0 w tss N N M N O O fD N r r M m r u► us us o E d E O R c o U U v O w 40 s •� N W) N N r O M d w u► a► O £O w z, O O U .ted.. o U U M a y► W t .. N M O O � N � N CD r O M 69 0 w E O U CM u = d U N Vl fA � y O N 1A O 0) O N M N W r O M 4' fA W /A O O U N to C_ U O U C', __ t U r 0 to us d 0 N 1n O O CO N N N d r Ch M V! 1A (R E m CD rno R o N dd N L Q.' fA Q. U c U W ` d `o E d 30oc m U ix Cl) W V m Q N rn 1 I _T m d C: m O O N Memo TO: Honorable Mayor and members of C y Council Frw= Bennett Boucher, City Manager CC: All Department Heads Dates 11/30/2001 Ree City Manager's report The following is a brief recap of items of interest, The City Council needs to schedule meetings to address the following items, • Review and ranking of the stormwater utility consultants. • Seminar with the City Attorney to update you on sunshine law, ethics and procedures. • Code review of chapters 1 — 6; please provide your comments in advance if possible. The Public Works Director has sent mail outs to SR Al property owners and visited potential landscaping sites in an effort to sign up property owners for the FDOT project. This task is time consuming and this is top priority for Public Works Director in order to meet the deadline of planting this spring. The Beautification Board is tasked with planning landscaping projects that will utilize the Bennix funds. If you have any ideas or what to help, please forward your ideas to the Board or attend their meetings. The Recreation Board is evaluating what could be done with the IITF property in the northwest section of the city. The city will not have direct access off SR Al because of the overpass. Please attend the Board meetings if you want to help with this process. Need to schedule the stormwater maker volunteer project There will be a city wide clean up on January 19th, in conjunction with Keep Brevard Beautiful, mark your calendars. Department Heads, please inform your board members about this event. I'm reviewing proposals from SSA for concept design of city hall expansion and the Street Department building, will present these to city council at the next meeting. Received a new state wide mutual aid agreement, Staff will review and agenda for the next meeting. MPO Director, Bob Kamm has asked to appear before city council at the 12-18-01 meeting to give an update about the concerns the MPO has about the recommended SR Al projects and seek support for addressing those concerns. If you wish to walk or run at the December 8t' 5K, there are still application forms available at city hall or online at www.myfloirda.com/cape. 0 Page 2