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HomeMy WebLinkAboutAgenda Packet 07-18-2000City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I Polk Avenue, Cape Canaveral, Florida TUESDAY JULY 18, 2000 7:00 P.M. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Donation by Waste Management to the Brevard County Sheriff's Office Camp Chance Summer Youth Program ORDINANCES: FIRST PUBLIC HEARING Motion to Adopt. Ordinance No. 07-2000; Repealing Sub -Paragraph (3) Of Paragraph (A) Section 110-470, Fences, Walls And Hedges; Providing For Severability; Providing For Repeal Of Conflicting Ordinances And Resolutions. 2. Motion to Adopt. Ordinance No. 08-2000; Amending Chapter 94, Signs, By Re -Adopting The Chapter In Its Entirety, Providing Additional Definitions, Exceptions, Lighting, Criteria, Standards, Conformance Time Limits, Off -Premises Signs, Awnings And Canopies, And Automotive Service Station Signs; Amending District Regulations Requirements. RESOLUTIONS: 3. Motion to Approve: Resolution No. 2000-22; Including clubhouses within the schedule of sewer rates for Multi family residential units 4. Motion to Approve: Resolution No. 2000-23; Establishing a Reclaimed Water Rate for the Canaveral Port Authority. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/ e-mail: cape@iu.net City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 18, 2000 Page 2 CONSIDERATIONS: 4. Motion to Approve: Approving the Regular City Council Meeting Minutes of June 6 and June 20, 2000. 5. Motion to Approve: School Resource Officer Agreement with the City of Cocoa Beach 6. Motion to Approve: Alternative Water Supply Cost -Sharing Agreement with the St. Johns Water Management District REPORTS: DISCUSSION: City Fireworks Code AUDIENCE TO BE HEARD: Comments will be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the `Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. REPORTS CONTINUED: ADJOURNMENT: Pursuant to Section 286. 1015. Honda Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 07-18-00 AGENDA REPORT AGENDA Heading Ordinances - 2nd Reading Item 1 No. City M ge ' Office CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 7-2000, AMENDING SECTION 110-470, FENCES, WALLS AND HEDGES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: City Council consider the proposed amendments to Code Section 110-470, Fences, Walls and Hedges. Summary Explanation & Background: All the text changes have been made and staff recommends approval of this code. Exhibits Attached: Ordinance No. 7-2000 City M ge ' Office Department P&Z/GROWTH MANAGEMENT rilLia �'�i A IVi : II off It ORDINANCE NO. 07-2000 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 110-470, FENCES, WALLS AND HEDGES; REPEALING FENCE EXCEPTIONS; PROVIDING PERFORMANCE STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Section 110-470, Fences, Walls and Hedges, of the Code of Ordinances is hereby repealed in its entirety, and the following is adopted in lieu thereof: Sec. 110-470. Fences, walls and hedges. (a) Fences, walls and hedges may be permitted in any yard, except as specified in section 110-469, provided the following height and placement restrictions shall apply: In any residential district (R-1, R-2 or R-3), no fence, wall or hedge in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any yard abutting any public right- of-way, unless otherwise specified in this Section. (2) In any residential district (R-1, R-2, R-3) where property abuts a public beach access parking area, the fence, wall or hedge in a side, rear or front yard which abuts the public parking area shall not exceed six (6) feet in height. (3) In any residential district (R-1, R-2, R-3) where property has a permanent swimming pool installed in a side or rear yard which abutts a public right of way, the fence, wall or hedge in said side or rear yard shall not exceed six (6) feet in height. (4) In any commercial (C-1) and industrial (M-1) districts, no fence, wall or hedge in any side or rear yard shall be over eight feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of-way. When the boundary of a commercial or City of Cape Canaveral, Florida Ordinance No. 07-2000 Page 2 industrial zoning district abuts any residential zoning district, the maximum height of a fence, wall or hedge shall be six feet. (3) No wall shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure. (b) All concrete boundary walls are to be finished by stuccoing or painting in neutral colors at the time they are constructed. (c) No words or symbols, other than street addresses and names of occupants in residential districts, shall be permitted on exterior boundary walls. If there are such non - allowed words or symbols, they shall be covered within seven days of notification to the owner by the city. SECTION 2. 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 a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith are repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 07-2000 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2000. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Sandra O. Smith, CITY CLERK Buzz Petsos Rocky Randels. Richard Treverton APPROVED AS TO FORM: Larry Weber Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: 11Cape-ntlcityclerk\CityClk\Ordinances\Fences Walls And Hedges - Providing Performance Standards - Redlined.doc Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY , a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE in the matter of CITY OF CAPE CANAVERAL in the Court ORDINANCES 07 & 08-2000 was published in the FLORIDA TODAY NEWSPAPER in the issues of JULY 8, 2000 Affiant further says that the said FLORIDA TODAY NEWSPAPER is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement, and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. �'Cl U' A tj-,Y) (Signature of Affiant) Sworn to and subscribed before me this 8th day of JULY 2000. (Signature of Notary Public) RENEE M. AMBROSE (Name of Notary Typed, Printed or Stamped) Personally Known or Produced Identification Type of Identification Produced TO -L9790 -IT -7/8,2000 -SAT NOTICE OF PUBLIC HEARING The City C=xA of the City of Cape Canaveral, Florida will hold a Public Nearing for the purpose of adopting Ordinance Nos. 01-4000 and 06-1000 in the Cttv .Hail Annex, 111 Polk. Avenue, Cape Canaveral. Florida at 7:00 PAL, on Tuesday, July 18, 4000. The ordinarices may be Inspected In their entirely at the Office of the City Clerk during regular working hours (8:30 a.m. to M pm., AA—t _FAdnv) - OF lie AU- ERABILITY•' PROVIDING FOR REPEAL OF CONFLICTING OR- DINANCES; AND PROVIDING. FOR AN EFFECTIVE DATE. Pursuant to Section 186.0105, Flor- ' Ida Statutes, the City hereby ad- vises the public that: If a person' decides to appeal any decision made by the City Councit with re- spect to any matter considered at this meeting, that Person will ; s Is the consent by. the City for the Intro- duction or admission Into evi- dence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals rat otherwise allowed by law.: Persons with disabilities needing assistance to participate In any of these Proceedings should contact the City Clerk's office (868-1111) 48 hours In advance of the meet - Ing. Sandra Smith, CMC City Clerk Y COMMISSION # Cr, 927753 EXPIRES: Apr 29, 2004 FIOTAMA11 r 14owy fi.�soe a Bond6rg. i 469 CAPE CANAVERAL CODE riangular area bounded on two sides by the treet right-of-way lines and on the third side by . straight line drawn between two points on the treet right-of-way line located 25 feet from the oint of the intersection of the street right-of-way .nes. ,ode 1981, § 641.25) Cross references—Property maintenance requirements, 34-97; streets, § 66-26 et seq.; traffic and vehicles, ch. 74. ec. 110-470. Fences, walls and hedges. (a) Fences, walls and hedges may be permitted L any yard, except as specified in section 110-469, rovided the following height restrictions shall )ply: (1) In any residential district (R-1, R-2 or R-3), no fence, wall or hedge in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of- way. lam/ In any commercial (C-1) and industrial (M-1) districts, no fence, wall or hedge in any side or rear yard shall be over eight feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, the maximum height of a fence, wall or hedge shall be six feet. (3) 'In any district, the planning and zon' bo d may provide an exemption ng a fen of six feet in height withi 25 feet of any d abutting any pub ' right-of- way if th pplicant can de nstrate that an ascert ble andd able hazard will be reduce by the nstruction of the sig -foot fence. a plicant must also demonstrate that e additional height will not cause a vis obstruction to motorists dee ed hazar us by the plan- ning and z ' g board. A Men request for an a ption shall be file t least 21 days 'or to the planning an zoning bo d meeting at which it is to be nsid- e ed, and notice of the meeting sh be ailed to all property owners within a �'3b6-f radius of the property for ch an exceptio ht. The a ant shall pay a fee as set forth i dix B to this Code. (b) all shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure. (c) All concrete boundary walls are to be fin- ished by stuccoing or painting in neutral colors at the time they are constructed. (d) No words or symbols, other than street addresses and names of occupants in residential districts, shall be permitted on exterior boundary walls. If there are such nonallowed words or symbols, they shall be covered within seven days of notification to the owner by the city. (e) Reserved. (Code 1981, § 641.27; Ord. No. 8-99, § 1, 7-6-99) Cross references—Property maintenance standards, § 34-97; building code, § 82-31 et seq.; swimming pool code, § 82-246 et seq.; housing code, § 82-271 et seq. Sec. 110-471. Exceptions to height regula- tions. The height limitations contained in article VII of this chapter do not apply to spires, belfries, cupolas, antennas, water tanks, solar panels, ven- tilators, chimneys, elevator equipment, air condi- tioning or other necessary equipment room usu- ally required to be placed above the roof level and not intended for human occupancy. (Code 1981, § 641.29) Sec. 110-472. Access. Every building shall be on a lot fronting on a public street or on an approved private street or with legal access to a public street and shall have a safe and convenient access for servicing, fire protection and required offstreet parking. All lots upon which structures are built shall have a minimum access width of 15 feet to a public right-of-way or an approved private right-of-way. (Code 1981, § 641.31) ). No. 7 CD110:60 Meeting Type: Regular Meeting Date: 07-18-00 AGENDA Heading Ordinances - 2' Reading Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 08-2000, AMENDING CHAPTER 94, SIGNS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: City Council consider the adoption of the amendments to Chapter 94, Signs. Summary Explanation & Background: The city attorney, city planner and building official have included their language and recommend adoption of this ordinance. Please advise. Exhibits Attached: Ordinance No. 8-2000 City Man Mce Department P&Z/GROWTH MANAGEMENT g'iadnitt�ounctl/ meetingl(7S�1S1i�0tS-2000. doc Date: July 13, 2000 ty of Cape Canaveral To: Bennett Boucher, City Manager From: Morris Reid, Interim Building Official _k_rl� Re: Proposed Sign Code - Final Draft I have reviewed the final draft of the proposed amendment to the existing sign code and believe that all recommended changes have been addressed with this final draft. 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 ORDINANCE NO. 08-00 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94, SIGNS, BY RE -ADOPTING THE CHAPTER IN ITS ENTIRETY, PROVIDING ADDITIONAL DEFINITIONS, EXCEPTIONS, LIGHTING, CRITERIA, STANDARDS, CONFORMANCE TIME LIMITS, OFF -PREMISES SIGNS, AWNINGS AND CANOPIES, AND AUTOMOTIVE SERVICE STATION SIGNS; AMENDING DISTRICT REGULATIONS REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that this Ordinance is for the purposes of promoting the health, safety, and welfare of the inhabitants of the City of Cape Canaveral; and WHEREAS, the City of Cape Canaveral Planning and Zoning Board has reviewed and recommended this Ordinance for approval at a public hearing to the City Council; and WHEREAS, the City Council has determined that it is in the best interests of the City to re -adopt Chapter 94 regarding signs in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, as follows: SECTION 1. Chapter 94, Signs, of the Code of Ordinances of the City containing Sections 94-1 through 94-100, inclusive, is hereby repealed in its entirety, and the following is adopted in lieu hereof: ARTICLE I. IN GENERAL Sec. 94-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accent lighting means electric discharge tubing attached as an integral decorative or architectural feature of the building and not connected or giving the appearance of any connection to the overall signage of the project. Air inflated devices means attention getting devices that are inflated with lighter than air gas or are supplied inflation from a blower or fan that, when energized, keep the device erect. Animated/Flashing Sign means any sign which uses lights that flash or alternate or which includes action, motion or illusion of motion, designed electronically, usually to give messages by means of slight progressive changes. This definition shall also include signs with rotating panels, generally referred to as tri -vision signs. Attraction board means any sign on which the copy may be manually changed from time to time by use of changeable letters or panels. Attraction -getting devices means any gadget or mechanical contrivance, scheme, drawing, ruse or trick, symbol, emblem, insignia, regalia or motto, including murals, but excluding ornate architectural features of a building, selectively narrowing or focusing receptive consciousness. Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building fagade as a roof - like structure and is supported entirely by the building without the use of ground supports. Banner sign means any sign having the characters, letters, illustrations or ornamentation applied to cloth, paper or fabric including animated, rotating and or fluttering devices, flags and pennants but excluding government flags for the purposes of this ordinance, designated to attract attention. City of Cape Canaveral Ordinance No. 08-2000 Billboard means a sign advertising a product or service, including entertainment, whose product or service is not available for sale or performance at the place where the sign is located. Building art shall include two and three dimensional murals, mosaics, paintings and artistic applications, which are applied to buildings, structures and properties, intended to draw attention to a business, place, event or attraction. Building art does not include the portion of a building that is permitted to accommodate a wall sign. Canopy means any structure other than an awning, made of fire resistant cloth, wood, metal or plastic with or without metal or wood frames, attached or detached and supported, in part, or entirely, by the ground. Code enforcement board means a board established in section 2-256 et seq. to enforce this Code. Construction sign means any sign of a temporary nature placed at a construction site after the issuance of a building permit that depicts the name, address and state license number of the primary or sub contractors. A construction sign may or may not contain information relating to the project under construction at the location of the sign. Directional sign means a sign directing or guiding traffic or people to entrances, exits or parking. Electric discharge tubing (neon)(fluorescent) shall mean an illumination system using an electrified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent into various letters, designs and shapes. Erect means to build, construct, attach, hang, place, suspend or affix and also includes the painting of wall signs. Exempt signs means signs exempted from normal permit requirements. Flag means the flying of individual national, state, county, city or flags of political national origin attached to a free standing pole(s) mounted on the ground or to flags attached to the facade of a structure, limited to five (5) in number, provided such flags shall not be used in such a way to attract attention of the public for commercial purposes. Flags larger than three (3) feet by five (5) feet shall be considered signs and shall be calculated as part of the maximum square footage and maximum number of signs. Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are placed in or upon the ground. Marquee sign means a projecting sign attached to or hung from a marquee or such marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line. Noncombustible material means a material, which, in the form and thickness in which it is used, meets any of the following: Materials, which pass the test procedures for defining non -combustibility of elementary materials, set forth in ASTM E136. Materials having a structural base of non-combustible materials as stated in subsection (1) of this definition, with a surfacing not more than one-eighth inch thick, which has a flame - spread rating not greater than 50 when tested in accordance with the method of test for 11Cape-ntlcityderk\CityClk\Ordinanceslsign 7-18-OO.doc 2 City of Cape Canaveral Ordinance No. 08-2000 surface burning characteristics of building materials set forth in ASTM E84 Nonconforming sign means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable sections and restrictions of this chapter, or a nonconforming sign for which a special permit has been issued. Off-site%ff-premises sign means a sign not related in its subject matter to the use of the premises on which it is located. On-site sign means a sign related in its subject matter to the premises on which it is located. Outdoor advertising display means any letter, figure, character, mark, plane, point, design, poster, pictorial picture, stroke, stripe, line, trademark, reading matter or illuminated service which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that such shall be used for attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever out-of-doors. Owner means the person owning the fee simple title to the property upon which a permit is required. Permittee means the person in possession or having the beneficial use of property upon which a sign is located for which a permit is required. Political sign means any sign used solely to present information suggesting a candidate's suitabilityfor elected public office or presenting an issue to be voted upon in the upcoming election. Portable signs means signs that may be hauled or towed from one location to another, are self supporting, are designed to be temporarily placed without a permanent base or fastening. Projecting sign means a sign which is affixed to any building wall or structure and extends beyond the building wall, structure, building line or property line more than 12 inches. Public interest sign means a temporary sign used to advertise a charitable, educational or religious special event. Real estate sign means any sign used solely for the sale or lease of property on which the sign is located. Registered engineer means an engineer registered in the state whom is in good standing with the state board of engineering examiners. Roof sign means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Shopping center/multi-tenant center means a building with two or more businesses. Significant Interest means an event having a community, local, regional and or national interest. Significant interest does not pertain to advertisements for proprietary or personal gain. Sign means and includes every display, billboard, ground sign, wall sign, illuminated sign, projecting sign, temporary sign, awning sign, canopy sign, and street clock and includes any announcement, 11Cape-ntlcityclerk\CityClk\Ordinanceslsign 7-18-OO.doc City of Cape Canaveral Ordinance No. 08-2000 declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person, business or event when such is placed out-of-doors in view of the general public. Sign erector or contractor means any person engaged in the construction, reconstruction, or erection of any sign requiring structural framework and support or using electric power or requiring a scaffold for erection or applications. Sign of general election means any sign in the support of or not in support of, candidates for political or non-political office, referenda, propositions, taxes, levy or any other issue(s) that requires a vote for approval. Sign writer or painter means any person engaged in the paining or application of signs on windows, doors, walls, awning or elsewhere, when such signs require no structural framework or electrical power. Snipe sign means a small sign of any material, including but not limited to paper, cardboard, wood or metal, attached to any object and having no application to the premises where located. Street right-of-way means property, which is committed for use as a public access route and primarily intended for vehicular movement. Temporary signs means signs constructed of cloth, canvas, light fabric, cardboard, wallboard, plywood or other light materials, with or without frames, intended to be displayed for the extent of time as allowed in the specific sections of this chapter. Tenant space means that portion of a building separated by walls or partitions that extend from the floor to the ceiling or roof deck without interconnecting openings. Vehicular sign means any sign applied to, affixed to, or placed upon a vehicle in such a manner as to be visible to the public. Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 12 inches from the building. Wall signs may not extend above the roofline or fagade. Window sign means illuminated and non -illuminated signs placed in the exterior windows of a structure, and which can be viewed from the outside of the structure. Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the design, construction and location of signs that will protect the safety and welfare of the public, eliminate dangerous and unsightly signs and provide for adequate maintenance and inspection of signs without impeding the inherent right of business to advertise and reasonably assist potential customers in locating and identifying any service or facility they may desire to use or any product they may desire to purchase. (b) This chapter is intended to cover all requirements relative to types, sizes, heights, verbal content, permissible locations, restrictions, permits and licenses, inspections, indemnification, materials of manufacture and construction, methods of erection, maintenance, procedures for requesting variances and penalties for 11Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc 4 City of Cape Canaveral Ordinance No. 08-2000 violation of this chapter for all signs placed, installed and erected within the city limits which are exposed to the out-of-doors view of the public. (c) This chapter is also intended to permit on -premises permanent signs within the City of Cape Canaveral, and any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. For the purposes of this Chapter al noncommercial speech shall be deemed to be an on -premises. Nothing in this Chapter shall be deemed to be an on -premises. Nothing in this Chapter shall be construed to regulate the content of the message displayed on any sign. Sec. 94-3. Administrator. The Building Official shall act as administrator of this chapter, acting in lieu of the city council. As used in this chapter, the term "administrator" shall include his authorized representative. Sec. 94-4. Exemptions. The following signs are excluded from the operation of this chapter unless otherwise noted: Decals affixed to or signs painted on equipment, fuel pumps or other types of vending equipment used for dispensing retail products. Signs wholly within a building, excluding window signs (see Sec. 94-1, Definitions). Memorial signs, tablets or plaques or names of buildings and date of erection when such are cut into any masonry surface or when constructed of bronze or other non-combustible material. Professional nameplates not exceeding three square feet in area. Bulletin boards, not to exceed two (2), each not over eight square feet in area for public charitable or religious institutions, when the bulletin boards are located on the premises of such institutions, and one identification sign not exceeding ten square feet. Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house, which are placed flat against the exterior surface of the building and not exceeding three square feet in area, except in residential single-family and duplex buildings where the size shall not exceed two square feet. Directional signs to historical or other points of interest, which are maintained or operated as commercial attractions, public or religious sites, and are less than 2 square feet in size. Traffic or other municipal signs, legal notices, danger signs and temporary emergency or non -advertising signs. Signs consisting of an arrangement of a group of single cutout letters when securely fastened to a building or structural part of a building, in accordance with section 94-96 (a) (4), 94- 97 (a) (4) and 94-98 (a) (4). Traffic directional signs utilized for traffic flow such as "enter", "exit„, "in", "out", etc. when less than one square foot in size and not exceeding two feet in height. 1\Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc City of Cape Canaveral Ordinance No. 08-2000 Window signs that do not exceed 25% of the total individual glazed area and are placed in the upper or lower half of the individual glazed area. Further, the sales transaction area, as well as any other areas that may be deemed as necessary for viewing for safety purposes by a law enforcement agency, shall not be obstructed from view from the outside of the building. Signs for events sponsored by the municipality. Sec. 95-5. Penalty for violation. Any person who knowingly violates or fails to comply with any of the sections of this chapter or any erector, owner or user of an unlawful sign or any owner of the properly on which an unlawful sign is located, shall, upon conviction, be punished as provided in section 1-15. In addition to the criminal penalties provided in this section, any violation of this chapter shall be subject to enforcement by section 2-246 et seq., according to the procedures legally established for such board and subject to the penalties provided by F.S. 162. Sec. 94-6. Prohibited signs and features. Signs on utility poles and trees. Signs, regardless of whether exempt from permit requirements, including political signs, are prohibited on public utility poles or trees. Obstruction of free ingress or egress. No sign shall be erected, relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape, other than warning signs. No sign of any kind shall be attached to a standpipe or fire escape. Signs on rights-of-way. Signs, except for those which are property of the state, city or county, shall not be erected, posted, painted, tacked, nailed or otherwise place or located on or above any road right-of-way. Animated/Flashing signs are hereby prohibited. Portable signs. Any sign, excluding vehicular signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited. Signs on vehicles. Any vehicle or trailer with a sign or signs attached thereto placed or painted thereon, visible from any public right-of-way, shall be prohibited, subject to the following exceptions: Any vehicle or trailer which is actively engaged in making deliveries, pick-ups or otherwise actively in use and sign face does not protrude in excess of an inch from the vehicle. Such vehicle or trailer when not in use shall be parked so as not to be visible from any public right-of-way. Where no alternate location for parking that is not visible from the public right-of-way is reasonably available, such alternate location shall be as inconspicuous from the public right-of-way as possible. Off -premises signs. It is the expressed legislative intent of the city council that there shall be a prohibition, without any exceptions, against the use of any portion of a street, sidewalk, alley, right-of-way or public thoroughfare for the display of merchandise for sale or the location of portable or movable signs or stands to advertise or draw attention to the business or any person or the parking of vehicles or other types of contrivances which are, in and of themselves, unique and unusual and are parked for the purpose of attracting attention to the person's place of business or the parking of vehicles or other types of contrivances to which there is attached a sign advertising the business or produce sold by the business or any person or designed to attract attention thereto. However, the prohibition against the use of the streets for the parking of 11Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc 0 City of Cape Canaveral Ordinance No. 08-2000 vehicles is not intended to prohibit the bona fide parking of any vehicle used primarily by the owner thereof for the purpose of transportation, notwithstanding that such vehicle may have painted upon the exterior surface the owner's name or address or business slogan or trademark or other emblem which identifies the vehicle's owner or business in a manner consistent with that customarily found on commercial vehicles or vehicles used for commercial purposes. Off -premises signs. Any sign not related in its subject matter to the premises on which it is located is prohibited, unless otherwise specified in the code. Exposed electrical discharge lighting (neon or fluorescent) is strictly prohibited for use in any type of sign located within the City of Cape Canaveral. Accent lighting on the exterior of any building is strictly prohibited within the City of Cape Canaveral. Building Art is strictly prohibited on the exterior of any building within the City of Cape Canaveral. Window signs that do not comply with Sec. 94-4 (12). Ground Signs with exposed metal poles when less than eight feet in height. Air inflated devices. Marquee signs. Roof signs. Projecting signs. Temporary Signs, unless specifically mentioned in this code Flags and pennants that are not governmental in origin. Signs that emit an audible sound, odor, or visible matter such as smoke or steam. Signs that are made with or printed on any vegetation, curbstone, flagstone, pavement, or any portion of the sidewalk or street except house numbers and traffic control signs. Sec. 94-7. Conformance. All signs or other advertising structures erected within the city limits shall conform to this chapter Sec. 94-8. Identification. Every outdoor advertising display erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for the sign by the building official. Sec. 94-9. Wind pressure and dead load. All signs and other advertising structures shall be designed and constructed to withstand a wind velocity as set forth in the building code adopted in section 82-31 and shall be constructed to receive dead loads as required by the building code or other codes of the city. Sec. 94-10. (Reserved) Sec. 94-11. Maintenance, notice to repair. Each sign shall be maintained in a safe condition. When the sign is in need of repair or maintenance, \\Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc City of Cape Canaveral Ordinance No. 08-2000 the owner shall be notified in writing. The owner shall have ten days to make such repairs or remove the sign. If this order is not complied with, the building official may remove the sign and a lien may be filed against the property for the expense incurred in removal of the sign. Secs. 94-12 -- 94-30. Reserved. ARTICLE II. PERMITS AND INSPECTION Sec. 94-31. Permit required. (a) Except as otherwise provided in this chapter, it shall be unlawful for any person to paint, erect, construct, enlarge, move or make structural alterations to any sign within the city or cause such to be done without first obtaining a sign permit for each such sign from the building official. This shall not be construed to require any permit for a change of copy on a sign for the repainting, cleaning and other normal maintenance or repair of a sign or structure for which a permit has been issued, so long as the sign or sign structure is not modified in any way. (b) A separate electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source. (c) No new permit is required for a sign which has a permit and which conforms with this chapter on the date of its adoption. A new permit shall be required for any sign when the structural configuration of electrical components is altered or when the sign is relocated. Sec. 94-32. Application for permit. Application for a permit required under this article shall be made upon forms provided by the building department and shall contain or have attached the information required on the form. Sec. 94-33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the appropriate building permit fee by the applicant, the Building Official shall promptly conduct an investigation of the application, the proposed sign and the premises. If prior approval is received from the Community Appearance Board, the Building Official shall grant or deny the building permit application within twenty (20) days from the date the completed application with application fee was filed with the City. (b) If, after review and investigation as required herein, the Building Official determines that the application meets the requirements contained in this Chapter and determines the proposed sign will not violate any building, electrical or other adopted codes of the City of Cape Canaveral, the Building Official shall issue the permit. If the work authorized by the permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void. (c) If, after review and investigation as required herein, the Building Official determines that one or more reasons for denial exist, the permit shall be denied and the Building Official shall make a written report of the denial and the reasons therefore. A copy of the report shall be sent by certified mail to the designated return address of the applicant on the application. The application for a permit shall be denied if one or more of the following conditions are found to exist: a. The application does not comply with the requirements of this Chapter; or 11Cape-ntlcityclerk\CityClk\Ordinanceslsign 7-18-OO.doc City of Cape Canaveral Ordinance No. 08-2000 b. The application would violate any building, electrical or other adopted codes of the City of Cape Canaveral. (d) Any person denied a building permit for signs may file as a matter or right a written notice of appeal to the Board of Adjustment within ten (10) calendar days after rendition of the denial pursuant to the provisions of Section 94-33. The Construction Board of Adjustment shall hold a hearing and decide the appeal within thirty (30) calendar days from the date the notice is received by the Construction Board of Adjustment. The decision of the Construction Board of Adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. An applicant whose application is denied by the Construction Board of Adjustment may immediately appeal as a matter of right to a court of competent jurisdiction, which Court shall promptly review said application. The record of the hearing shall consist of the complete record of the proceedings before the Construction Board of Adjustment. Sec. 94-34. Revocation of permit. The building official is authorized and empowered to revoke any permit issued under this article for failure of the permittee to comply with any of the sections of this chapter. Such revocation shall be in writing and shall show cause for the revocation notice. Within seven days after the mailing of notice, the permit holder may request, in writing, to the city manager for a hearing before him to show cause why the permit should not be revoked. Within ten days from the hearing date, the city manager shall give him a decision in writing. Sec. 94-35. Fees. Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of anycosts for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and shall include fees for the following: In addition, fees for signs are calculated by using contract amount consistent with the City's schedule of fees. Re -inspection. If any person commences any work before obtaining the necessary permit, all fees shall be doubled. For political signs, see section 94-78. Sec. 94-36. Inspection by building official. The building official is empowered to enter or inspect any building, structure or premises in the city upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural details and electrical connections and to ensure compliance with this chapter. Such inspections shall be carried out during business hours, unless an emergency exists. Sec. 94-37. Notice for inspections. The person constructing, erecting or relocating a sign for which a permit is required shall notify the building department at all stages of construction that requires inspection and approval by the building official. Authority for and time of such inceptions shall be as follows: \\Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc City of Cape Canaveral Ordinance No. 08-2000 A footing inspection for all detached signs shall be required. A final structural inspection shall be required at completion of the work on all types of signs. A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source. Secs. 94-38--94-60. Reserved. ARTICLE Ill. SIZE, LOCATION AND CONSTRUCTION DIVISION 1. GENERALLY Sec. 94-61. Restrictions on placement. No sign of any character shall be suspended across any public street, avenue or alley. No sign of any description shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any trees, light standards, utility poles, hydrants, bridges or any structures, other than awnings, within the property lines of any street, avenue or alley within the limits of the city, without permission of the building official. No sign of any kind shall be attached to any private wall, window, door, gate, and fence or to any other private structure, without the written permission of the city council. No sign of any kind shall be attached to any private wall, window, door, gate, fence or to any other private structure, without the written permission of the owner or lessee and without compliance with restrictions otherwise in this chapter. Sec. 94-62. Abandoned and hazardous signs. Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten days of the service of notice from the building official, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six consecutive months prior to the date of the notice from the building official. If the order to remove is not complied with, the building official may remove the sign, and a lien may be filed against the property for the expense incurred in removal of the sign. Hazardous signs. The building official shall refuse to issue a permit for any sign, which will constitute a hazard and a potential menace to the safety of the public, and he may require the removal of any sign which is not properly maintained or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard after 48 hours from the time of notice by the building official requesting the removal of such sign, unless within that time, the permittee or owner shall have filed with the building official notice of his intention to appeal his decision to the code enforcement board. Any such sign displayed more than 48 hours after notice to remove the sign may be removed by the city at the expense of the permittee or owner, unless the matter is pending an appeal to the code enforcement board or unless the decision of the building official has been reversed by the code enforcement board. Signs constituting traffic hazard. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; at any location where, because of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word commonly used on traffic control signs or signals. \\Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc 10 City of Cape Canaveral Ordinance No. 08-2000 Visibility at intersections shall be in accordance with figure 94-64-1. Sec. 94-63. Lighting. Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs, and wall signs. However, the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent the glare upon the street or adjacent property. Electrical signs shall comply with the National Electric Code. Sec. 94-64. Criteria and standards for measurement and placement. Area. The permitted area of ground signs, except in shopping centers/multi-tenant centers, in all zoning districts, and unless otherwise specified in this chapter, is dependent on street frontage of the property on the basis of one square foot of sign area for each lineal foot of property frontage up to the maximum specified in each zoning district. Wall signs shall be computed on the basis of one square foot of sign area for each lineal foot of building or tenant space frontage up to the maximum allowed in each zoning section. For the purpose of determining area, the total area of a sign is that within the smallest parallelogram, triangle, circle or semicircle or combinations thereof which will completely enclose the outside perimeter of the overall sign, including the border, if any, but excluding supports. Three- dimensional signs shall be measured at the largest vertical cross section. Combinations of signs. Except where specifically permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground signs may be placed at an angle on a corner at no increase in size over that of a single sign. The sum or the area of the faces visible from any one point shall not exceed that allowed for a single sign Corner lots. Where two ground signs are used on a corner lot, the area of both signs may not exceed the area allowed for frontage as provided in subsection (a) of this section. Display of permit number. The sign permit for all signs requiring a permit shall be prominently displayed by the owner or user of the sign on the property where the sign is located. Height, setback and location measurements. Measurements for setback and location for all signs in all allowable districts shall be made from that portion of the sign nearest that point of ground reference to which the measurement is to be made, but in no event shall a sign of any kind project over public property or public rights-of-way, whether affixed to a building or otherwise (refer to Figure 94-64-1). The height of signs shall be measured from grade level at the edge of the street paving and shall include all decorative portions of the sign. All setback measurements shall be made from the property lines as a point of reference to the projecting edge or corner of the sign, unless otherwise specified. Ground signs. Ground signs shall be set back a minimum of six feet from the property line. No ground sign shall be placed within the triangular area bounded on two sides by the street right-of-way or property lines and on the third side by a straight line drawn between those lines at a point located 35 feet from their intersection (refer to Figure 94-64-2). Size limit. No ground sign shall be supported so that the uppermost edge is more than 30 feet above the grade level from edge of street pavement. This subsection shall not apply to any sign on the face of the building. Any sign that is not attached to a building shall not exceed 150 square feet on its largest front. 11Cape-ntlcityclerk\CityClk\Ordinanceslsign 7-18-OO.doc 11 Figure 94-64-1. Sign Height and Setback. Sign Height measured from grade level of closest edge of street paving. Frontage= 100' Ground Sign Area= Max. 150 s.f. (1) Property Line Sti Pr( Figure 94-64-2. Ground Sign Site Triangle. CORNER LOT Total Frontage= 150' Ground Sign Area= Max. 150 s.f. City of Cape Canaveral Ordinance No. 08-2000 Secs 94 -65--94-75. Reserved. DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. A temporary sign may be erected thirty (30)days prior to the opening of a new business and not to exceed thirty (30) days after the opening date. Construction signs for starting the project may be erected after a building permit has been issued and the construction sign shall be removed prior to the issuance of a certificate of occupancy or stoppage/abandonment of construction of at least three months (a) Real estate signs may be erected without a permit subject to the following: On R-1 and R-2 zoned property one real estate sign not to exceed six (6) square feet in size and not to exceed four (4) feet in height. Such sign shall be confined to the sale site and shall not be placed in any right-of-way or visibility triangle. On R-3, C-1, C-2 and M-1 zoned property one real estate sign as shown in the District Restrictions Matrix (Table 94-96-1). Such sign shall not be placed in any right-of-way or visibility triangle. Real estate signs shall contain the broker's license number. Real estate signs shall be removed immediately upon sale of the property A temporary on -premises banner may be erected after application to and permit issued by the building official for a period not to exceed thirty (30) days. On - premise banner signs are to promote a matter of significant local, regional, or national interest as defined in Section 94-1. Sec. 94-77. Signs in violation. No off -premises signs or signs on vacant land shall be erected, posted, painted, tacked, nailed or otherwise placed or located anywhere in the city. This section shall not apply to real estate or political signs. Sec 94-78. Political signs. Time of erecting. No political signs for election to an office shall be erected prior to the candidate qualifying for office. Specifications. The maximum size of a political sign shall not exceed 32 square \\Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc 14 City of Cape Canaveral Ordinance No. 08-2000 feet in face area. A double-faced (back-to-back) sign, or a V-shaped sign attached at one end shall be considered one sign. Political signs shall be constructed out of wood, hard plastic, masonite or particleboard, of sufficient thickness to afford protection from the elements. No cardboard or paper shall be used in the construction of any political sign, except as a paper face if it rests entirely on the materials mentioned in this subsection and if it is securely attached to the backing by adhesive over the entire surface. Vehicle signs shall be allowed, provided they do not increase the dimensions of vehicles in excess of one-eighth inch in any directions. All political signs shall be securely fastened, anchored, placed and maintained so as not to constitute a hazard. Location. Political signs shall not be placed on any city -owned property or within any road or street right-of-way. No signs shall be posted on trees, utility poles or fence posts. Written consent. Any political sign placed on any commercial or industrial zoned property within the city limits must have on file with the building department written consent from the property owner prior to placement. Written permission of the property owner is not required for placement of signs in residentially zoned districts. Deposit. A deposit as set forth in appendix B to this Code shall be paid to the city before any signs (for or against) for the purpose of a vote of general election. The deposit shall be refunded, provided the signs are removed within five days of the election. The deposit shall be forfeited for any sign erected within the City of Cape Canaveral, which is not constructed as specified in Section 94-78 (b) of this Code. If the signs are not removed within the five-day allowance the actual cost of such removal will be charged to the candidate, minus the deposit. District requirements. Political signs shall follow district requirements per Table 94-96-1. Sec. 94-79. Off -premises signs. Off -premises signs and signs on vacant property which exist on the effective date of the ordinance from which this section is derived shall remain until they are removed or fall into disrepair but in no case longer than December 31, 2007. A sign is in disrepair as determined by the building official at his discretion. When a sign is determined to be in a state of disrepair, the city shall notify the sign owner and the property owner of the existing condition. If the sign owner or property owner fails or refuses to comply, the city may remove the sign with all costs to be borne by the 11Cape-ntlcityclerk\CityClk\Ordinanceslsign 7-18-OO.doc 15 City of Cape Canaveral Ordinance No. 08-2000 sign owner or property owner. The procedure to be followed by the city upon determination that a sign is in the state of disrepair shall be the same as the procedure established in section 34-66 et seq. relating to abatement of nuisances. Sec. 94-80. Billboards. No new billboards shall be erected in the city. Any billboards erected in violation of this section shall be removed within 48 hours of notice to the sign owner and property owner. If the sign owner or property owner fails to remove the sign, the city shall do so at the sign owner's or property owner's expense. Sec. 94-81. Temporary off -premises signs. There shall be a limit of one sign per business or activity erecting a temporary off -premises sign. Temporary off -premises signs may be erected only by the following: A housing project or subdivision within the city consisting of ten or more residential units. Any new business opening within the city. A charitable, educational or religious institution as defined in section 70-66, Code of Ordinances, conducting a special event. Any such sign is limited in size to 50 square feet per face and may be double faced. It shall be constructed of sturdy materials as approved by the building official. There shall be no illumination of any sort provided specifically for the sign. The signs may be erected 30 days prior to the opening of a new business or construction of a new housing project and shall be removed no later than 30 days after the opening or after housing construction has stopped. Stoppage of construction shall be defined as the issuance of a certificate of occupancy (final or temporary), or the construction has been abandoned (ceased) for a period of three months. In the case of a public interest sign, a sign may be erected no more than once per year, and must be removed no later than five days after the special event has concluded. A public interest sign, however, may not be erected for more than a total of 30 days. \\Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc 16 City of Cape Canaveral Ordinance No. 08-2000 Signs restrictions along the following corridors are as follows: Location and placement for temporary signs Street Minimum Setback Maximum Height from Right-of-way Astronaut Boulevard 50 feet 15 feet l.qR A1A1 Old State Road 401 10 feet 8 feet Ridgewood Avenue 10 feet 8 feet These restrictions affect properties adjacent to these streets with the exception of any R-1 zoning districts. The written consent of the property owner must accompany each application for sign permit. The agent for the owner will verify in writing the authority to execute a consent form. A construction sign (two only) may be erected one by the primary contractor of a project, and one to include all sub -contractors of a project, after the issuance of a building permit as required in Table 94-96-1. Construction signs shall be confined to the site of construction and shall not be placed in any right-of-way or visibility triangle. All construction signs shall be removed prior to the issuance of a Certificate of Occupancy or Completion. All construction signs shall contain contractors licensing information. Sec. 94-82. Awnings and canopies. Signs on awnings shall be allowed only on that vertical portion commonly referred to as the valance or fringe and shall be calculated as a portion of any allowable wall sign. Signs on canopies shall be allowed only when calculated as a portion of any allowable wall sign. Address numbers on canopies and awnings shall not be considered as a portion of the allowable sign footage. 11Cape-ntlcityclerklCityClklOrdinanceslsign 7-18-OO.doc 17 City of Cape Canaveral Ordinance No. 08-2000 Sec. 94-83. Home Occupation Signs. A home occupation sign that is non -illuminated and does not exceed two square feet in area concerned shall be permitted per district requirements if it is affixed flat against the exterior surface at a position not more than two feet distant from the main entrance of the dwelling unit. There shall be no more than one of these signs per unit. Secs. 94-84--94-95. Reserved. DIVISION 3. DISTRICT REGULATIONS Sec. 94-96. R-1 low density residential district. Signs are permitted in the R-1 low density residential district as listed in Table 94-96-1. Any sign not specifically permitted in the R-1 district is prohibited. Sec 94-97. R-2 medium density residential district Signs are permitted in the R-2 low density residential district as listed in Table 94-96-1. Any sign not specifically permitted in the R-2 district is prohibited. Sec 94-98. R-3 medium density residential district. Signs are permitted in the R-3 low density residential district as listed in Table 94-96-1. Any sign not specifically permitted in the R-3 district is prohibited. Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufacturing district and M-1 light industrial and research and development district. Signs are permitted in the C-1 low density commercial district, C-2 commercial/manufacturing district and the M-1 light industrial and research and development district as listed in Table 94-96-1. Any sign not specifically permitted in the C-1, C-2 and M-1 districts is prohibited. Sec. 94-100. Shopping center or multi -tenant center in any district. Signs are permitted for shopping centers or multi -tenant centers in any district as listed in Table 94-96-1. \\Cape-nt\cityclerk\CityClk\Ordinances\sign 7-18-OO.doc 18 Meeting Type: Regular Meeting Date: 07-18-00 AGENDA REPORT AGENDA Heading Considerations) Item 5 No. I recommend approval. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SCHOOL RESOURCE OFFICER AGREEMENT WITH THE CITY OF COCOA BEACH' DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider approval of the School Resource Officer Agreement with the City of Cocoa Beach in the amount of $3,008.00. Summary Explanation & Background: The city is funding 19.63% of the 50% school board matching funds. Cocoa Beach Officer Patricia Witmer will be the SRO this year. The cost last year was $3,127.85. I recommend approval. Exhibits Attached: SRO Agreement City Manager's Office �-� Department LEGISLATIVE g:/ndaiirgGmUix it/meeting/2000/07--I�F.doc AGREEMENT THIS AGREEMENT, dated this , by and between THE CITY OF CAPE CANAVERAL, hereinafter called CAPE CANAVERAL and the CITY OF COCOA BEACH, hereinafter called COCOA BEACH. WITNESSETH: WHEREAS, the Brevard County School Board has implemented the School Resource Officer Program, and; WHEREAS, the School Board shares the cost of implementing the program with the Municipalities of Brevard County, and; WHEREAS, Cocoa Beach and Cape Canaveral determine that the School Resource Officer Program is in the best interest of the school system and both communities, and; WHEREAS, Cocoa Beach and Cape Canaveral desire to share the cost of the School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach Junior/Senior High School; and whereas the program would cover a period of not more than 190 school year days, and; NOW, THEREFORE, For good and valuable consideration CAPE CANAVERAL and COCOA BEACH agree that the following terms, stipulations and covenants as outlined herein and, by reference, made part hereof, shall govern the responsibilities of each party. 1. The agreement will commence on August 1, 2000 and will terminate on May 22, 2001, unless further continued by mutual agreement of both parties. By April 27, 2001, CAPE CANAVERAL and COCOA BEACH will open discussions regarding renewal for the 2001-2002 school year. 2. CAPE CANAVERAL agrees to provide nineteen and sixty three hundredths percent (19.63%) of the municipalities share of the School Resource Officer's salary, benefits, equipment, uniforms, and overtime during the term of this agreement. Per the agreement between COCOA BEACH and the BREVARD COUNTY SCHOOL BOARD, the municipalities pay fifty percent (50%) of the School Resource Officer cost. For the contract period of August 1, 2000 through May 22, 2001, payment will be $3,008.00 as outlined in Exhibit Ill. Payment shall be made to COCOA BEACH in two equal installments of $1,504.00 according to the following schedule: February 14, 2001, and June 1, 2001, subject to proration based on the date of implementation. 3. CAPE CANAVERAL has designated City Mayor Rocky Randels and COCOA BEACH has designated the Cocoa Beach Chief of Police for the purpose of implementing the terms of this agreement. 4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the attached Exhibits I and ll, which are attached hereto and, by reference, made part hereof. 5. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such, from all claims, damages, injuries, fines, and costs, including, expenses and attorney's fees which either party may become obligated to pay resulting from or in any way connected to errors or acts or omissions of employees of either party's performance relative to the terms of this agreement. 6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 7. Any change in the terms and conditions set forth in this Agreement must be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 8. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA BEACH. 9. The parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all duties as required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 11. A report of the School Resource Officer activity will be provided to Cape Canaveral on a calendar quarterly basis. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. THE CITY OF COCOA BEACH, FLORIDA By: Charles Billias City Manager ATTEST: By: Loredana Kalaghchy City Clerk Approved as to form and legal sufficiency By: Nicholas Tsamoutales City Attorney ATTACHMENTS: Exhibit I -Goals of SRO Program Exhibit II -Guidelines of SRO Program Exhibit III -Cost of SRO Program THE CITY OF CAPE CANAVERAL, FLORIDA M Bennett Boucher City Manager ATTEST: By: Sandra 0. Simms City Clerk EXHIBIT I SCHOOL RESOURCE OFFICER PROGRAM GOALS 1. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. 2. To foster a better understanding of the law enforcement function. 3. To develop positive concepts of law enforcement. 4. To develop a better appreciation of citizen rights, obligations, and responsibilities. 5. To provide information about crime prevention. 6. To provide assistance and support for crime victims identified within the school setting, including abused children. 7. To promote positive relations between students and law enforcement officers. 8. To enhance knowledge of the fundamental concepts and structure of the law. 9. To provide materials and consultative assistance to teachers and parents on various law education topics. 10. To evaluate program effectiveness, the Chief of Police, SRO and the Principal will define quantitative and qualitative measurements for each of the nine (9) goals listed above prior to the first day students arrive. Program evaluation will occur on or before January 7, 2000, March 10, 2000, and a final report prepared on or before May 19, 2000. The evaluation will be based upon input from the principal and school staff, as well as the SRO's chain of command. EXHIBIT II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES BREVARD COUNTY SCHOOL SYSTEM 1. The school resource officer (SRO) is a City of Cocoa Beach police officer, responsive to the Chief of Police's chain of command and shall remain an employee of the City of Cocoa Beach. They shall report to the school Principal daily and the Principal shall have input in their evaluation. 2. The SRO shall be interviewed by a committee in which the Principal or their designee is a participant. The final selection is by the Chief of Police with mutual consideration on the part of the Principal. 3. The determination as to when the SRO will wear their uniform shall be defined by the Chief of Police and the Principal. 4. The Principal has the authority to request the reassignment of the school resource officer from their duties at school. The SRO may be reassigned from their position at their assigned school after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The Principal will recommend to the Area Superintendent that the SRO be removed from the program at their school, stating the reasons for the recommendation in writing. A copy of that recommendation must be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any problem that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be reassigned from the program at that school and a replacement will be selected. Page Two (2) SRO Guidelines C. The Principal or any other school board employee shall report all allegations of improper conduct to the SRO's immediate supervisor or to the Internal Affairs function. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. However, the Principal may request reassignment during that investigation. 5. The SRO has the authority to request review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. That request should be directed to the SRO's immediate supervisor and the Principal. A copy of that request must also be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the request for review from the SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then an alternative action will be taken. 6. It shall be the responsibility of the City of Cocoa Beach to provide all salary payments and benefits of the agency to the SRO. The School Board shall reimburse the City for salary and fringe based upon the amount stipulated in the agreement. If a substitute officer is required, the School Board shall reimburse the city for actual cost for that substitute officer consistent with the agreement. 7. The SRO's normal work year shall be the same as the normal teacher work year with an additional alternative for five days of planning prior to the teacher work year and five days of critique and review following the teacher work year. 8. A formal written plan of action with regard to the community policing philosophies will be presented and discussed with the Principal, Chief of Police, SRO and other appropriate personnel prior to the first day students arrive. This plan must include duties for the five days prior and five days after teachers are on campus if that alternative option is selected, as well as the number of hours that the SRO will provide in classroom instruction. Page Three (3) SRO Guidelines 9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan of action and provide summary evaluation concerning the SRO's progress not less than one time per semester. Additional meetings may be requested by the Principal or the SRO to review the progress of the plan of action. 10. The SRO shall be assigned specifically to the school, five days per week during the school year. Unless it's an extreme emergency, the SRO will not be called away from school by the law enforcement agency. If the SRO is called away from the school for a substantial portion of the school day, the SRO shall notify the Principal and provide the Principal with an alternative means of contacting the appropriate law enforcement agency. If the SRO is called away from the school for more than a school day, the city should make every reasonable effort to provide a substitute officer. 11. The SRO may be assigned to provide supplemental instructions at the discretion of the Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to in - class SRO presentations will be used as a guide. 12. At the request of the Principal, the SRO may train school personnel in interview techniques, investigation skills and related matters. It is preferred that the school resource officer make parent contact prior to participating in a student disciplinary meeting. The SRO may engage a student for the purpose of completing a Referral Form. 13. The SRO may be assigned by the Principal to supervisory duties during or after regular school hours so long as they do not conflict with police department policy or the bargaining agreement between the city and police officers. These after school activities will be under the supervision of school personnel. The School Board will be responsible for 50% of all overtime expenditures directly related to the daily activities of the SRO, not to exceed the budgeted amount contracted between the Brevard County School Board and the employing agency. [This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required.] 14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the school administration and police department. Both police and school administrative procedures shall be followed. In the event they conflict, police procedure shall prevail. The SRO shall avoid making arrests on school grounds unless under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper police procedure. The SRO should coordinate arrest and other operational strategies with the Principal if at all possible. 15. The Principal, with the concurrence of the law enforcement agency, may assign the SRO to sponsor extracurricular events and chaperone field trips or other school activities so long as these assignments do not result in non -approved overtime expenses charged to the police department. Page Four (4) SRO Guidelines 16. The SRO will integrate with students in the following ways: between class breaks and during lunch periods, and will patrol neighborhood areas after school if necessary. 17. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support personnel, to solicit their support and understanding of the program. 18. The SRO should be familiar with all community agencies which offer assistance to delinquent youths, such as: mental health clinics, drug treatment centers, etc., making referrals when necessary and acting as a resource person to the Principal. 19. At the request of the Principal or other school staff, the SRO shall take appropriate action against individual trespassers who appear at school and at school related functions. 20. Should it become necessary to conduct formal police interviews with students, law enforcement policy will be followed, parents shall be notified and coordination made with the Principal. 21. The SRO shall submit bi-monthly reports of their activities to be reviewed by the Principal and the SRO command staff which shall include all overtime activities [including hours] as approved by the Principal. 22. At any time during the school year when students are not in school, or at the conclusion of the contract period, the SRO shall be assigned other duties by the Chief of Police. 23. The SRO shall comply with the provisions specified in Section Florida Statute 230.2318 (School Resource Officer Program). OFFICER SALARY- 2000/2001 COST PROJECTION Officer Patricia Wilmer Regular Salary ($13.40) $27,863.00 Holiday Pay @88 hrs *hrly wage $1,179.00 Uniform Allowance $200.00 Life Insurance @ fixed rate $34.00 Medicare @ 1.45% $424.00 Social Security @ 6.2% $1,652.00 Workers Compension @ 7.68% $2,246.00 TOTAL COMPENSATION $39,855.00 Cost of SRO for 190 Day $29,125.00 5% Overtime Based on 190 Days $1,527.00 TOTAL COST FOR SCHOOL YEAR $30,652.00 SCHOOL BOARD FUNDING (50% of 190 Days) $15,326 MUNICIPALITIES FUNDING City of Cocoa Beach (80.37% of 190 days, plus remainder of year) $21,521 City of Cape Canaveral (19.63% of 190 Days) $3,008 The Municipal cost sharing is based on a total student population of 1228 students with 241 students residing in the City of Cape Canaveral, FL. Meeting Type: Regular Meeting Date: 07-18-00 AGENDA Heading Considerations Johns River Water Management District. Item Summary Explanation & Background: No. as outlined in the attached agreement. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ALTERNATIVE WATER SUPPLY COST SHARING AGREEMENT DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: City Council authorize the mayor to execute the alternative water supply cost sharing assessment with the St. Johns River Water Management District. Summary Explanation & Background: St. John's River Water Management District will provide $72,180 for construction of Phase IV reuse as outlined in the attached agreement. .Exhibits Attached: Public works director's memo of 7/12/00; Cost Sharing Agreement City Mg s Office Department WATER RECLAMATION/PUBLI �� WORKS r. g:/ad cil/meeting 2 8- sjrwmd.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: July 12, 2000 SUBJECT: City Council Agenda Item for July 18, 2000 Alternative Water Supply Cost Sharing Agreement With SJRWMD Contract #SD431AA As a requirement of the City's Wastewater Treatment Permit requirement, the City of Cape Canaveral is to construct a reclaimed water distribution system. The Operation Permit outlined four (4) Phases of construction. Three of these phases have been substantially completed. City is on schedule as required by our DEP Operating Permit. The City of Cape Canaveral made application for funding from St. John's Water Management District through the Alternative Water Supply Cost Sharing Program. On March 23, 2000 the City received notice for funding in the amount of $72,180. Attached is a copy of the contract agreement. The contract period is from July 1, 2000 to October 31, 2001. The scope of the Alternative Water Supply Construction Cost Sharing project will consist of the 2,680 feet of 16" pipe that will extend from the Treatment Facility to AIA (see attached map depicting location). The estimated cost of this construction will exceed the 50% cost-sharing requirement in meeting the grant amount of $72,180. Recommend the approval of the Alternative Water Supply Cost Sharing Agreement. Attachment CC: File 07/12/2000 12:49 9043294508 SJRWMD PALATKA E---83 Q ECIEUVI J U L 1 2 2000 COST SHARE AGREEMENT AND CITY OF CAPE CANAVERAL PURSUANT TO DISTRICT'S ALTERNATIVE WATER SUPPLY COST SHARING PROGRAM Contract #SDQUA RECIPIEMT: City of Cape Canaveral , , o''} Get Post Office Box 326 _Gric ` Cape Canaveral, FL 32920 RECIPIENT ADMINISTRATOR: Ed Gardulski 30 7! Q 154 %ems IDWrRI CT CONTRIBUTION- $72,180 RECIPIENT CONTRIBUTION: $72,180 AGREEMENT P-R�—OD: July 1, 2000 to October 31, 2001 Purpose of Agreement This cost share agreement is authorized by the St. Johns River Water Management District ("DISTRICT°) from funding designated for identification and use of alternative water supplies, including reclaimed water. 1. ,enc of Project: RECIPIENT will commence work within fifteen (15) days after approval is received from District's Project Manager to begin, prosecute the work diligently, and complete the entire work in accordance with Exhibit "A" (attached), "Alternative Water Supply Construction Cost Sharing Project Description," and will be completed within the time frames specified above unless extended in writing by DISTRICT. 2. Permits: A fifteen (15) day period has been included in the time allotted for completion to allow for malting of the AGRF,ENUN T, RECIPIENT submission of proof of all required permits, and any other documentation required by District's Project Manager. Any work completed without proper permits will not be considered in compliance with this AGR]DaAE *4 T, and will not constitute as work performed under this .AGREEMENT. RECIPIENT acknowledges understanding that any work not properly permitted prier to implementation will not be approved for invoicing to the DISTRICT, and that RECIPEENT may be fined per appropriate regulatory channels and/or may be required to remove said unauthorized construction. I 07/12/2000 12:49 9043294508 5.JRWMD PALATKA PAIS 05 Contract #SD431AA City of Cape Canaveral 3. Leidslatave Requirements: The Florida Legislature requires recipients of funds granted through this program to meet several specific conditions. The RECIPIENT must provide DISTRICT with written assurance of its continued qualification under these requirements with subrnittal of invoice or forfeit frutding. Details concerning these requirements appear in Subsections 373.1961(2)(b) and (c), F.S. 4. Status Repot: RECIPIENT shall submit a brief final project report summarizing the project to DISTRICT's Project Manager, who is the Administrator, or his designee, describing the activities of the project. Records: RECIPIENT shall maintain its books and records in such a manner that the receipts and expenditures of the cost share :funds will be shown separately from other expenditures in an easily checked form. RECIPIENT shall keep the records of receipts and expenditures of cost share funds, copies of all reports subun tted to DISTRICT and copies of all support documentation for at Least three (3) years after expiration of the Agreement period. In accordance with generally accepted governmental auditing standards, DISTRICT shall have access to and the right to ex,amdne any directly pertinent books, documents, papers, and records involving transactions related to this Agreement. 6. Uability and Insurance: Each party to the agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, mor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat. Each party shall acquire and maintain throughout the term of this agreement such liability and automobile insurance as required by their current rates and regulations. 7. Payment of Funds: Approved funds shall be paid to RECIPIENT by DIS'1'R C T in one (1) payment following a minimum of $144,360 in expenditures (approximately 5% of the project, based upon current budget). Payment will be made following submission and approval of the invoice, including proper documentation, from RECIPIENT and verification of satisfactory completion of project by DISTRICT's Ptoject Manager, Don Brandes. Invoice shall include receipts from contractors and/or suppliers for the specified construction expenditures, and verification of project complying with local and state building requirements, including verification of permits needed. Once all required documentation is received, and determined to be complete and correct, by DISTRICT Project Manager and the Division of Financial Management, the DISTRICT will remit an amount not to exceed $72,180 (50% reimbursement of identifiable costs) to RECIPBW T within thirty (30) days. Invoice shall be submitted to the Director, Division of Financial Management, P.O. Box 1429, Palatka, Florida 32178-1429. Disbursements due and unpaid under tWs Agreement shall not bean interest. The provisions in this Paragraph relating to payment of funds shall supersede any other contract provision or attachments contained in this contract. 2 07/12/2000 12:49 9043294508 SJRWMD PALATKA PAGE 04 Contract #SD431AA City of Cape Canaveral 8. Repayment of Fund: Funds shall be subject to repayment by the RECIPIENT after expiration of the Agreement term if, upon a post -project audit exarrr nation, DISTRICT finds RECIPIENT has spent funds for purposes other than those speed in Exhibit "A." 9. Termination of Aw1ement: This Agreement may be fully or partially terminated upon ten (10) days written notice to RECIFIENT. 10. Non -lobbying: Pursuant to Section 216.347, Fla. Stat. (as amended), RECIPIENT agrees that funds received from DISTRICT under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 11. Governing Law: This Agreement shall be construed according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorney's fees and costs. This Agreement is entered into on , 2000, by the Executive Director of the St. Johns River Water Management District, whose address is Post Office Box 1429, Palatka, Florida 32178-1429, and City of Cape Canaveral, Post Office Box 326, Cape Canaveral, Florida, 32920. ST. JOHNS RIVER WATER CITY OF CAPE CANAVERAL MANAGEMENT DISTRICT M Attest: Henry Dean, Executive Director 13y: Attest: Typed Name and Title Typed Name and Title APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Williams, Deputy General Counsel St. Johns River Water Management District 3 (SEAL) 07/12/2000 12:49 9043294508 SJRWMD PALATKA PAGE 03 Contract #SD43lAA City of Gape Canaveral EXHIBIT "A" CITY OF CAPE CANAVERAL ALTERNATIVE WATER SUPPLY CONSTRUCTION COST SNARING PROJECT DESCRIPTION Application Number 00016 L BACKGROUND St. Johns River Water Management District (SJRWMD) is a regulatory agency responsible for all phases of water management in all or part of 19 northeastern Florida counties, including that part of Brevard County in which the CITY OF CAPE CANAVERAL is located. SJRW-MD has been workng to find alternative sources of water to supply the increasing demands placed on natural supplies of freshwater. In response to the requirements of Subsection 373.1961(2), Florida Statutes. SJRWMD makes Alternative Water Supply Matching Grant Program funds available to water suppliers and users, including local governments; water, wastewater and reuse utilities; industrial and agricultural water users; and other public and private water users. CITY OF CAPE CANAVERAL desires to construct a reclaimed water distribution, system. The total project has been broken into four phases. Phase four phases address the reclaimed water issue. The areas targeted are irrigation systems utilizing well or potable water-, residential neighborhoods, community property and to loop the system. Surface water quality will also be improved by reducing the amount of outflow into the Banana River. Groundwater quality will also be improved. 19. OBJECTIVE The objective of this agreement is to provide for cast sharing with the CITY OF CAPE CANAVERAL to partially finance the construction of a reclairned water distribution system. This agreement specifies both the responsibilities of the CITY OF CAPE CANAVERAL with respect to the construction of the project and SJRWMD in the administration of cost sharing funds. M. PROJECT DESCRIPTION The project shall consist of the construction of the main transmission main ranging in size from 16" to 12", the installation of services to the cities customer property line establishing a connection point to service the Canaveral Port Authority, and to loop the Cities overall system. A critical point of this project will be the AIA crossing. This project is phase 4 of a four (4) phase project. The areas targeted for this reclaimed water distribution system are: Section 14&1S, Township 24S, Range 37E. This location is in the area west of Atlantic Ave. and North of Tower Blvd. The project includes all necessary appurtenances to make the system operational. Detailed specifications for the project, as provided by the applicant, are attached and shall be considered to be part of this contract. 4 Meeting Type: Regular Meeting Date: 07-18-00 AGENDA Heading Considerations Summary Explanation & Background: Item Please advise. Exhibits Attached: No. City Ma s Office Department LEGISLATIVE AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CITY FIREWORKS CODE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the city's fireworks code and any recommendation for a code change. Summary Explanation & Background: Mayor Pro Tem Petsos requested this discussion item. Please advise. Exhibits Attached: Current code section City Ma s Office Department LEGISLATIVE g:/ ouncil/melting/2096/99®18-00/fireworks.doc FIRE PREVENTION ARTICLE III. FIRE DEPARTMENT* Sec. 38-56. Composition; fire chief, compen- sation. The city may have a paid fire department which shall consist of a fire chief and such other number of firefighters as the city council may determine. The fire chief shall be the head of the fire depart- ment, and he shall be appointed and removed by the city council. The fire chief and the firefighters shall receive such compensation as may be deter- mined by the city council. (Laws of Fla., ch. 63-1197, art. XIV, § 1) Sec. 38-57. Volunteer fire department. The city may support and assist a volunteer fire department. Such support and assistance may in- clude but shall not be limited to the furnishing of city fire trucks, firefighting equipment and sup- plies for any use by the volunteer fire department, payments to volunteer firefighters for attendance at volunteer fire department meetings or for an- swering fire alarms and calls and the payment of premiums on life insurance and hospitalization insurance policies covering the volunteer firefight- ers. (Laws of Fla., ch. 63-1197, art. XIV, § 2) Sec. 38-58. Duties of fire chief. (a) It shall be the duty of the fire chief to: (1) Attend such meetings of the city council as required by the city council; (2) Aid in the enforcement of all city ordinanc- es relating to the prevention and extinguish- ment of fires and the protection of life and property within the limits of the city and execute all papers and processes of the city or its authorities relating thereto; and (3) Perform such other duties as may be law- fully required of him, subject to the author- ity and instructions of the city council. *Charter reference—Referendum required for certain fire protection services other than volunteers, art. XIV, § 4. Cross references—Officers and employees, § 2-91 et seq.; alarm systems, § 30-26 et seq. AND PROTECTION I § 38-84 (b) The fire chief shall have and exercise con- trol over the fire department. (Laws of Fla., ch. 63-1197, art. XIV, § 3) Secs. 38-59-38-80. Reserved. ARTICLE W. FIR.EWORKSt Sec. 38-81. a nitions. For purposes of this article, "fireworks"' shall have the meaning and be subject to the excej�tions and exclusions provided in F.S. § 791.01. (Ord. No. 3-93, § 1(602.01), 3-16-93) Cross reference—Definitions and rules of construction gen- erally, § 1-2. Sec. 38-82. Public displays authorized Public displays of fireworks shall be pe itted within the city only upon the conditions specified in this article. (Ord. No. 3-93, § 1(602.03), 3-16-93) Sec. 38-83. Application for permit; fee. Any person planning to make a public display of fireworks shall first make written application for a permit to the city treasurer at least 3d days in advance of time of the proposed display. The fee for the city permit shall be as established by res- olution of the city council and set forth in appen- dix B to this Code, plus the cost of the firefighters required under section 38-88. (Ord. No. 3-93, § 1(602.05), 3-16-93) Sec. 38-84. Investigation of applicant; issu- ance or denial of permit. It shall be the duty of the fire chief to make an investigation as to whether the public display as proposed by the applicant for a permit pursuant to this article is of a character and the display is in a location and the manner of discharge or fir- ing, in the opinion of the fire chief after proper inspection, shall not be hazardous to property or endanger any person. The fire chief shall inform the city treasurer of the results of his inve$tiga- tCross references—Code enforcement, § 2-246 et s¢q.; of- fenses and miscellaneous provisions, ch. 50. State law reference—Fireworks, F.S. ch. 791. Supp. No. 1 CD38:7 § 38-84 CAPE CANAVERAL CODE tion. The fire chief may require the applicant for the permit to make such changes in the character, location and method of discharging and firing as deemed by the fire chief to be in the interest of public safety as a condition to approving the per- mit application. The permit shall be for a period of time designated on the permit, but shall be for not more than the one day intended for the public display or a date to which the display is postponed because of inclement weather conditions. The per- mit shall be nontransferable. If the application is denied by the fire chief, he shall notify the appli- cant of the denial in writing. No public display of ifireworks shall be of such a character and so lo- cated, discharged, or fired as to be hazardous or j dangerous to persons or property, and this deter- mination shall be within the sound discretion of the fire chief after proper inspection of the public property. (Ord. No. 3-93, § 1(602.07), 3-16-93) Sec. 38-85. Operators. The persons handling the display of the fire- works pursuant to this article shall be competent persons over the age of 18 years and experienced pyrotechnic operators approved by the fire chief and the chief of police or the county sheriffs pre- cinct supervisor for the city, as the case may be. No person not approved by the fire chief and chief of police or the county precinct supervisor shall handle fireworks at the public display. The names of the approved operators shall be designated on the permit when issued. (Ord. No. 3-93, § 1(602.09), 3-16-93) Sec. 38-86. Insurance. The applicant for a public display permit shall, at the time of making application, furnish proof that the applicant carries worker's compensation insurance for applicant's employees as provided by the laws of the state. The applicant shall file with the city clerk a certificate of insurance evi- dencing the carrying of public liability insurance in an amount not less than $1,000,000.00 per oc- currence and $3,000,000.00 aggregate issued by an insurance carrier authorized to transact busi- ness in the state for the benefit of the person named therein as insured, and the city shall be named as an additional insured, as evidence of the ability to respond for damages which may re- sult from or be attributable to the public display. The insurance policy shall be approved by the city manager. (Ord. No. 3-93, § 1(602.11), 3-16-93) Sec. 38-87. Storage of materials. The material to be used for the public display authorized by this article shall not be stored with- in the city, but shall be brought in on the day of the public display and taken immediately to the place of display. (Ord. No. 3-93, § 1(602.13), 3-16-93) Sec. 38-88. Attending firefighters. For each public display of fireworks pursuant to this article, not less than one firefighter of the city shall be in attendance during the display. The ex- pense of such firefighter at the display shall be borne by the applicant for the permit and shall be paid in advance at the time of the application for permit based on the average hourly rate of a fire- fighter and the number of hours specified in the permit. (Ord. No. 3-93, § 1(602.15), 3-16-93) Sec. 38-89. Reserved. ARTICLE V. HAZARDOUS MATERIALS AND SUBSTANCES Sec. 38-90. Definitions. For purposes of this article, the following words, terms, and phrases shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Costs shall mean those necessary and reason- able costs incurred by the city in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances, including, but not limited to, the actual labor costs of city personnel or authorized agents, cost of equipment operation and rental, cost of expend- able items, including, but not limited to, fire fight- ing foam, chemical extinguishing agents, absor- bent material, sand, recovery drums, goggles and protective clothing (both structural and chemical Supp. No. 1 CD38:8 07/10/2000 MON 16:51 FAx 13216323078 July 10, 2000 Bennett Boucher, City Manager City of Cape Qmvaral 105 Polk Ave. Cape Canaveral, Fiorida 32920 Re: Soomd Quarter 2001 Report Dear Mr. Boucher: g qoz WAS" FAMMAGEM 3303 Lake Drive Po Box 3803 moa, FL 32912.3803 (800)701.3934 (321) 636-6894 (.321) 632.3078 Fax Waste Management (dba) Harris Sanitation, l= provided a total of 26 garbage collodions. 13 green waste and 13 regck collections ( a total of 85,176 pidoAn) to the 1638 &gle buLuy y 41denm .429 m from th units, April 3 to June 29. 2000, In add d= servisle was also provided to aper Imat 41 commercial ran cuatamC% 87 commercial cesstamers, and 7 pamaamt ra3loff ps9tonoers. Domer the quanta, tho number of docs n=wd concerns from the City totaled 24. The breakdown of the eo wmas are as follows: Raoyc) a = 3 Garbage - 3 Green Waste — S Others — S David Schoenberger was named the new dif"' manager, replacing Petri' Jurgel. fbr the Waste Mansgemeat operations in Broverd and Indian Riva counties. David has over 70 years service with Waste Management tend has hdd senior mmagement positions in the rtartheast. If you have may qi agdous or need further on, please feel fte to contact me. Sincerely, Linda Frok Site Manages' A DSvialon of USA Wise florid, Memo To: Bennett C. Boucher, City Manager From: Kim M. McIntire, Administrative AssistaC�--- Date: July 7, 2000 Re: QUARTERLY ACTIVITY REPORT — ANIMAL CONTROL This office processed 8 citizen requests for animal taps for the months of April, May and June, 2000 and was notified that a total of 19 animals were trapped as follows: 12 cats 7 possums This office forwarded 1 animal complaint to Brevard County Animal Control as follows: Dead cat, Chandler Avenue 117T 0 Page 1 Memo To: Bennett C. Boucher, City Manager From: Kim M. McIntire, Administrative Assista� Date: July 7, 2000 Re: QUARTERLY ACTIVITY REPORT — WASTE MANAGEMENT This office processed a total of 24 complaints for the months of April, May and June, 2000 as follows: 5 garbage complaints 3 recycle complaints 8 green waste complaints 8 miscellaneous /kmm cc: Waste Management • Page 1 Second Quarter Report 2000 April through June City Clerk's Office Personnel Activity Position Vacancies: Building Official Employee Resignations/Terminations: Building Official. Human Resources Numerous internal interviews and counseling sessions Risk Management Two liability claims were filed as alleged: Geraldine S. Miller: injuries suffered as a result of a fall on Adams Avenue (pothole) Discovery Bay Development: tree died — claims City did not provide water City Board Activities The Annual City Board Appreciation Banquet was held May 6th at the Radisson Convention Center. Web Site The web site was revised this quarter to include acrobat reader software that will provide for placing City forms on the internet, i.e. job applications, etc. The City's web site continues to receive positive comments on its benefit to Internet visitors. MEETINGS/SEMINARS/CONFERENCES International Institute of Municipal Clerks The Clerk and Assistant Clerk have courses on their own to obtain credit toward maintaining certification. Florida Public Personnel Association The Clerk will attend an academy and conference session in July toward the second of three phases in obtaining Public Personnel certification. City Clerk Quarterly Report Third Quarter Page 2 City Council The Assistant Clerk out -did herself again this quarter. She has been the person behind the scene as always, and the person in the forefront while I have been away from work on lengthy sick leaves. Election packets were prepared for this year's Mayoral election. PARKS & RECREATION DEPARTMENT Q REPORT APRIL, MAY &- JUNE, 2000 A Tice Recreation Department began the quarter with a Spring Fling Racquetball Tournament, which was field on April 7, S & 9'h. Seventy players from Brevard and surrounding counties participated. A full report is attached. The annual Easter Egg Hunt attracted two hundred and seven children this year. Two thousand and ninety eggs, stuffed with toys and candy were used. The hunt included children from pre-school through 3'd grade and vas held on April 22' at Canaveral City Park. A fidl report is attached. A Fishing Contest, co-sponsored by the Fishing &Diving Center, was held on May 13' at Freddie Patrick Park, Port Canaveral. Fii1y-one kids, ages 6-16 participated in the contest. A full report is attached. Brevard Youth Soccer League held registration at the Recreation Center for the fall season on June 3'd and 24'b. The YMCA opted not to Bold any activities in Cape Canaveral this summer. They may offer t -ball in the fall. Stunner special classes and activities are going well. Movies and More are donating the movies we show on Friday afternoons. We averaged 31 attendees per movie in June. Arts & Crafts classes had very good attendance in June as well as the junior tennis clinic. A fiill report will be prepared after the last classes are held in late July. The Youth Center is open Monday through Saturday from 1:00 - 6:00 p.m. Youth Center attendance: April 236 (an average of 9.44 per day of operation) May 231 ( average of 11 per day) June 238 (average 9.15 per day) The two Florida Recreation Development Assistance Program (FRDAP ) grant applications were successful. It will be early fall before the preliminary requirements for commencement will be fidfilled. After which time, we can get the projects underway. CITY OF CAPE CANAVERAL PARKS &, RECREATION DEPARTMENT SPRING FLING RACQUETBALL TOURNAMENT APRIL 7, 8 & 9, 2000 4-K REVENUE: Sponsorship Fees: Derman Homes 100.00 Wallpaper for Windows 50.00 Wardlow Ceramic Tile 100.00 Island Image 100.00 Southern Tape & Label 100.00 Diagnostic Portable Imaging 250.00 700.00 Entry Fees: 70 Participants 1735.00 TOTAL 2435.00 EXPENSE: Entry Forms 20.00 Postage 6.60 T -Shirts 633.50 Racquetballs 88.34 Trophies 300.15 Food & Paper Products 122.59 Gatorade 27.00 Court Fees (to Recreation Center) 195.00 TOTAL 1393.18 Profit 1041.82 25%n of profit to Recreation Department 260.46 75 % of profit to Tournament Directors 781.36 Paul Owens $390.68 Mike D'Amleo $390.68 PARKS & RECREATION DEPARTMENT REPORT EASTER EGG AUNT APRIL 22.) 2000 ATTENDANCE: Pre -School 02 Kindergarten & 10' Grade 64 2n'& 3' Grade ail Total 207 Two thousand and ninety eggs, stiffed with toys & eandy were used EXPENSES: Eggs $ 12:1.00 Candy for eggs 14.97 Deeorations 6.30 Refreshments 29.41 Prizes (for 2001) :10.23 Flyers 12.50 Easter Runny 65.00 Total $312.41 Volunteers: John Dattilo Julie Flannery + stafftime FISHING CONTEST Saturday, May 13, 2000 reddie Patrick Park 9:00 a.m.- 12 noon �Q o -sponsored by the Fishing & Diving Center \C 51 kids participated 29 six to ten year olds caught 36 fish 22 eleven to sixteen year olds caught 36 fish Biggest fish 32 ounces Smallest fish .25 ounces 6-10 year olds: 1st place- Heather Morgan 9 (30 oz.) 2nd place- Pricilla Castillo 10 (28 oz.) 3rd place- Jake Etheridge 10 (24oz.) 11-16 year olds: 1st place- T.J. Woosley 13 (32 oz) 2nd place- Andrew Rigby 13 (18.50 oz.) 3rd place- Lewin Wolf 12 (18 oz.) Expenses: Prizes $77.25 Flyers 8.75 Postage 2.97 Refreshments (charged to Egg Hunt) .00 $88.97 + staff time All participants received a (fishing related) free gift. Donations $10.00 Date: July 7, 2000 To: Bennett Boucher, City Manager From: Morris Reid, CBO, Interim Building Official Re: Building Department Quarterly Activity Report - April, May & June, 2000 The following report is a summary of the Building Department's accomplishments and on- going projects for the months of April, May and June, 2000. Building Department - Overview: • Dennis Franklin resigned on June 9th. Morris Reid accepted the position as Interim Building Official and has applied for the permanent job position. The job position has been posted and advertised. Interviews should begin the 2nd week in July. • The department office furniture and personnel were reorganized more appropriately to increase overall customer service. • The department copy machine broke -down beyond repair. The department obtained a leased copy machine from the Public Works department. The lease will expire on July 31, 2000. Price quotes are being compiled for the purchase of a reconditioned copy machine for the department. • The department purchased a 5 ft. work table and drafting table for plans review, meetings with contractors, and processing Board packets. • The building permit application was amended to be more user friendly. Continuing efforts are being made to amend all the department applications. Checklists are being created for each application to better explain the submittal requirements. Our goal is to allow customers to retrieve applications on the city's web -site. Building Department Quarterly Report April - June, 2000 Page 2 • The department began utilizing the services of our city planner, Todd Peetz, to review site plans, and draft proposed code amendments based on recommendations from staff and the Planning & Zoning Board. • The department continues to enforce wind -load requirements, however, on a more user friendly approach which is more palatable to our customers. PROJECTED AND ON-GOING PROJECTS: • Solana - Hotel and Time -Shares are projected to begin July, 2001. Construction continues for the Shores and Lakes. • Flores Del Mar Condominiums - Approvals have been obtained from the Community Appearance and P& Z Boards. Location directly North of Cherie Down Park. • Villages of Seaport - Bldgs. 40 & 41 have been applied for - (12) Townhouse Units. • Wendy's Restaurant - Preliminary plans have been submitted. Location is just North of True Value Hardware. • Bayside Townhomes - Site Plan is still under review by city staff. • Kelsey's Restaurant & Retail Building - Board of Adjustment approved a special exception to allow Kelsey's to serve beer & wine. Project was issued Certificates of Completion and C.O. on July 5th. • Discovery Bay Single -Family Subdivision - The Community Appearance Board approved a proposed single-family residence on Lot 20. • Radisson Resort - Bldgs. A, B & C were issued permanent Certificates of Occupancy on June 30th. • Flores Ocean Suites - construction in progress. • Johnson Residence - 523 Jefferson Avenue - construction in progress. • Kirby Duplex - 360 & 362 Monroe Avenue - construction in progress. • Liberty Residence - construction in progress. • Mark Nelson Office Building - construction in progress. • Porter Residence - 215 Holman Road - construction in progress. • Villages of Seaport - Various addresses - construction in progress. • Budget Rent -a -Car - Certificate of Occupancy issued May 9, 2000. Building Department Quarterly Report April - June, 2000 Page 3 • Dr. Pindziak - 112 E. Central Blvd. (Single Family Residence) - Certificate of Occupancy issued lune 5, 2000. Other properties still under construction. • Shorewood Drive Townhomes - a preliminary application meeting was held. Proposed project could not meet minimum requirements and is back to the drawing Board. • Murphy's Portview Townhomes - preliminary plat has been submitted and is being reviewed by city staff. Permitting Statistics: (147) permits were issued with a total construction valuation of $8,262,515.35. The department assessed $120,049.40 in permitting fees and $147,754.28 in sewer impact fees. (34) Permits were finaled. (11) Certificates of Occupancy were issued. (294) Inspections were performed. Code Enforcement Activities: Code Enforcement Board Hearings: 5 Compliance Hearings 18 Public Hearings Three property owners were stopped working for not obtaining building permits. One re -roof, one fence, and one driveway pour. All corrected by obtaining after the fact permits. Property at 8519 & 8523 N. Atlantic Avenue were cleaned up around the exterior of the property and the buildings locked up and working on posting "No Trespassing" upon the properties to keep transients out. Owners working on making the structures habitable and working with the department. Building Department Quarterly Report April - June, 2000 Page 4 Property at 8592 N. Atlantic Avenue, Coastal Fuels and The Canaveral Corporation have just closed on the sale of the property to Coastal Fuels and we are working on removing the unsafe structure (metal building overhang) from the property. Meeting the owners the week Of July 10th. Posted 18 inoperable motor vehicles, 3 vehicles impounded, and 15 others brought into compliance. Responded to 128 code enforcement case activities, citizen complaints, phone complaints, staff generated, council requested, and pro -active code enforcement. 83 cases brought into compliance, 45 cases awaiting compliance time and corrective action. Inspected 5 new businesses with the Fire Marshal, verified 27 occupational licenses for zoning for new and renewals for businesses. Held first part of the bi-annual flood insurance outreach project at the Cape Canaveral Public Library on June 171h, between the hours of 10:00 a.m. to 4:00 p.m. Distributed 35 Special Flood Hazard Handouts and other zoning information and answered questions pertaining to flood insurance and general ordinances. Updated the zoning maps to reflect the correct parcel zoning for the LaChance and Porter properties, and the correct verbiage for adoption on the legends. Obtaining the 1999 aerials from GIS in the county appraisers office. Continuing addressing for new construction and corrections of existing structures. Prepared notices to effected property owners for the changes of the street name for Tower Blvd to Thurm Blvd, and Harbor Drive from Ridgewood Avenue within the Harbor Height's subdivision. Helped prepare the resolution for adoption by City Council and for recording in the county, and also notified the appropriate agencies of the changes. Continuing the cleaning up of nuisance vegetation along the north and south buffer areas within the Ocean Woods subdivision. Working on repairing the fences along the buffer areas once the vegetation has been removed. Continuing the Saturday once a month code enforcement activity, worked two Saturdays during April and May, and the outreach project in June. Building Department Quarterly Report April - June, 2000 Page 5 Continuing the inspections and corrective action notices for lot mowing throughout of unimproved properties. Inspected properties at 245 Challenger Road and 357 Imperial Blvd for storage of hazardous materials on site. Both property owners have corrected the violations by having the hazardous materials removed, and placing into effect measures to prevent any further violations. Memo To: Bennett Boucher, City Manager From: Ed Gardulski, Public Works Director Date: July 7, 2000 Re: Quarterly Report for April, May and June 2000 RECLAIMED WATER 1. City Council awarded the Reclaimed Water Project Phase III Extension Bid #99-03, part 3 to Carl Hankins, Inc. The Contractor has been completing work in a timely matter. 2. The City's Reclaimed Water Project Phase IV was selected by St John's River Water Management District to receive $72,180 in matching grant. SJRWMD's Grant Agreement scheduled for City Council approval on July 18. 3. For the quarter: 78 MG of Wastewater was treated; 10 -Million Gallons of treated water was discharged to the Banana River; 27 -Million Gallons of reuse has been utilized within the City's distribution system; and 23 -Million Gallons was used by Cocoa Beach. A total of 50 Million Gallons was utilized for reclaimed this quarter. Total rainfall 4.00 inches. 4. New completed services this quarter: 144. Total Reclaimed water connection to date: 450 as of 7/01/00. Note: Additional residents have made application and have paid for service. 5. City Council awarded the task to SSA to evaluate and design the Sewer Lift Station #4 on October 5. Design is in progress. Construction funds will be budgeted next fiscal year. 6. The City has applied for a Stormwater grant for a pilot study for recover Stormwater to supplement the reclaimed water supply. The Cost-sharing grant was for $20,800. Grant agreement scheduled for City Council approval on July 18. 9 Page 1 Page 2 of 2 STREET DIVISION I. Manatee Park shoreline restoration design plan is completed and the conceptual design of the Boardwalk is completed. Shoreline restoration work scheduled to begin on July 10d', 2000. Construction of the boardwalk scheduled for next Budget year. The City's FRDAP grant application was approved for $112,500 for the construction of the boardwalk. Waiting for grant agreement and City Council approval. 2. The engineering design work for Tower Boulevard extension and the Banana River Park Road is completed. Construction by Brevard County began end of June and scheduled for completion by mid July 2000. SSA is in the process in developing the City's Stormwater Master Plan. Applied for Stormwater grant with SJRWMD. Staff has reviewed the first draft of this plan. Council presentation of the City's stormwater plan scheduled for this fall. 4. Street light outages can be reported on line at www.fi)l.com Congratulation to Tim Davis of the Street Division for successfully completing the International Arborist Certification program. BEAUTIFICATION 1. No trees planting this quarter due to the drought and very hot temperatures Trees Planted Trees this quarter: 0 palm 0 Oaks Total Trees FY -99: 37 palms 2 Oaks Total Trees FY -98: 65 palms 22 Oaks Total Trees FY -97: 51 pahns 89 Oaks 0 Other Total 73 250 Other Total 289 275 Other Total 362 28 Other Total 168 3. Status of the AIA Beautification Proiect: City of Cape Canaveral completed the draft copy of the required easement agreement and have forward the document to FDOT District Office for comments. The city has received authorization for the document for the City receiving donations for this project. Staff is work on developing the bid specification for a landscape contractor and for plants. 9 Page 2 MEMORANDUM To: Bennett Boucher, City Manager, City of Cape Canaveral Dwight Fender, Director of Op do s, Canaveral Port Authority From: David J. Sargeant, Fire Chief Date: 13 July 2000 Subj: QUARTERLY REPORT Last quarter CCVFD ran 425 calls. 56.5% were in the City, 32.7% in the Port, 6.8% in the County, and 4.2% Mutual Aid. 63.1%cif these calls were EMS. Please see the attached statictic sheets for more details. This past quarter has been somewhat uneventful, however, we did respond 18 times to mutual assist other departments, mostly with brush fires. CCVFD Line Officers participated in a USCG Search and Rescue exercise held off the Coast of Cape Canaveral. We participated in the Joint Command, with the evaluation of the Ship, and provided the medical triage treatment and transport of the victims. As a result of this training CCVFD and the USCG are persuing a mutual aid agreement for medical response at sea. CCVFD currently has 50 members; 15 FF/Medics, 20 FF/EMTs, 7 First Responder/Volunteer FFs, 5 are in training for certification and 3 are non operational 28 of these members are strictly Volunteers with our department. These Volunteers gave 2,308.6 hours over this past quarter. Our EMS Captain, Tom Uzel, took a position with Titusville FD as the Bat. Chief of EMS. He is staying with us as a Volunteer Lieutenant. He was replaced by Troy Borden. Troy is a 13 year veteran of the fire service, he comes to us from Cocoa Beach FD where he held the rank of Lieutenant. Also, over the last three months, the following EMTs received their State Certifications as Paramedics: Captain Borden, FF Faulk, and FF Yossifon. FF Bostic and FF Maerkl received their certifications as EMTs. July Fourth activities came and went with very Kittle activity on our part. We only responded to one actual brush fire and two smoke scares. I have received several phone calls from concerned Citizens about firewood and will be addressing their issues with you over the next several months. Thank you for your continued support and cooperation and as always, if you have an comments, suggestions, or questions feel free to call me. Station #1 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4777 • FAX: (407) 780-5398 Station #2 8970 COLUMBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 • (407) 783-4424 e FAX: (407) 78� 4887 Cape Canaveral Vol. Fire Dept. District Alarm Summary Date greater than or equal to 04/01/2000 and Date less than or equal to 06/30/2000 strict Count Percent )1 City of Cape Canaveral 239 56.2 % )2 Canaveral Port Authority 139 32.7 % )3 Avon By The Sea 29 6.8,% )4 Mutual Aid - Out of District 18 4.2 % )tal Incident Count: 425 7/06/2000 16:27 Page 1 Cape Canaveral Vol. Fire Dept. District Alarm Summary Date greater than or equal to 04/01/2000 and Date less than or equal to 06/30/2000 istrict Count Percent 31 City of Cape Canaveral 239 02 Canaveral Port Authority 139 33 Avon By The Sea 29 D4 Mutual Aid - Out of District 18 Aal Incident Count: 425 56.2 32.7 6.8 4.2 7/06/2000 16:37 Page 1 Cape Canaveral Vol. Fire Dept. 901 Code Summary Report Type of Situation District equal to "001" and Date greater than or equal to 04/01/2000 and Date less than or equal to 06/30/2000 e of Situation Count PerO nt 1 Fire/Explosion I Structure Fire 5 2.0% Outside of Structure Fire 1 0. % 3 Vehicle Fire 3 1. % I Trees, Brush, Grass Fire 1 0. % i Refuse Fire 3 Subtotals: 13 5.4% 3 Rescue Call Rescue Call Emergency Medical Call Vehicle Accident 4 Hazardous Condition Hazardous Condition Spill/Leak No Ignition I Power Line Down Chemical Emergency 5 Service Call 1 Service Call Lock -out Water Evacuation Unauthorized Burning ► Cancelled at the scene 6 Good Intent Call Good Intent Call Smoke Scare i Cancelled enroute calls 7 False Call 1 143 7 Subtotals: 151 1 3 1 1 Subtotals: 6 7 2 1 1 28 Subtotals: 39 4 1 7 Subtotals: 12 0.4% 59.�% 2. % 63.1% 2.6% 2.$% 0.$% 0.4% 0.41% 11.7% 16.3% 1.$% 0.41% 2.0% 5.0% 106/2000 16:32 Page 1 Cape Canaveral Vol. Fire Dept. 901 Code Summary Report Type of Situation District equal to "001" and Date greater than or equal to 04/01/2000 and Date less than or equal to 06/30/2000 ►pe of Situation Count Percent i False Call 3 System Malfunction 13 Unintentional False Call 2 Subtotals: 18 >tal Incident Count: 239 1/06/2000 16:32 Page 2 Cape Canaveral Vol. Fire Dept. 901 Code Summary Report Type of Situation District equal to "002" and Date greater than or equal to 04/01/2000 and Date less than or equal to 06/30/2000 r e of Situation Count Percent 1 Fire/Explosion Vehicle Fire 1 0. % Trees, Brush, Grass Fire 1 0. % Outside Spill -leak w/Fire 1 0. % Subtotals: 3 2.1% 2 Overpressure Rupture Overpressure Rupture 3 Rescue Call Rescue Call Emergency Medical Call Search Vehicle Accident 4 Hazardous Condition Hazardous Condition 5 Service Call Assist Police Cover Assignment Cancelled at the scene 6 Good Intent Call Good Intent Call Smoke Scare Vicinity Alarm Cancelled enroute calls 7 False Call /06/2000 16:34 1 Subtotals: 1 1 79 1 8 Subtotals: 89 2 Subtotals: 2 3 4 11 Subtotals: 18 Subtotals: 4 1 2 1; 0. 0. 0. % 56. % 0. % 5.�% 64.�% 1.4% 1.4% 2.'1% 2.$% 7.9% 12.0% 2.0% 0.7% 0. % 1.4% Page 1 Cape Canaveral Vol. Fire Dept. 901 Code Summary Report Type of Situation District equal to "002" and Date greater than or equal to 04/01/2000 and Date less than or equal to 06/30/2000 e� of Situation Count Perce it False Call 3 2. % System Malfunction 8 5. % Unintentional False Call 7 5.0% Subtotals: 18 12.6% stall Incident Count: 139 /06/2000 16:34 Page 2 Cape Canaveral Vol. Fire Dept. 901 Code Summary Report Type of Situation District equal to "003" and Date greater than or equal to 04/01/2000 and Date less than or equal to 06/30/2000 e of Situation Count Perce t 3 Rescue Call Emergency Medical Call 18 62.0% Subtotals: 18 62.6% 4 Hazardous Condition Spill/Leak No Ignition 1 3. % Arcing/Shorted Elec. Equip. 1 3. % Subtotals: 2 6. % 5 Service Call Service Call 1 3. % Cancelled at the scene 4 13. % Subtotals: 5 17.�% 6 Good Intent Call Good Intent Call 1 3.4% Subtotals: 1 3.4% 7 False Call System Malfunction 1 3.4% Unintentional False Call 2 6.0% Subtotals: 3 10.x% tal Incident Count: 29 '06/2000 16:34 Page 1 Cape Canaveral Vol. Fire Dept. 901 Code Summary Report Type of Situation District equal to "004" and Date greater than or equal to 04/01/2000 and Date less than or equal to 06/30/2000 e of Situation Count Perce' t 1 Fire/Explosion Structure Fire 3 16.$% Vehicle Fire 1 5.$% Trees, Brush, Grass Fire 4 22.2% Subtotals: 8 44.4% 3 Rescue Call Emergency Medical Call 2 11.1% Extrication 1 5.$% Subtotals: 3 16.$% 5 Service Call Cover Assignment 1 5.$% Cancelled at the scene 1 5.5% Subtotals: 2 11.1% 6 Good Intent Call Cancelled enroute calls 5 27.7% Subtotals: 5 27.7% ,tal Incident Count: 18 /06/2000 16:36 Page 1