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Home My WebLink AboutAgenda Packet 03-03-1998City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 3, 1998 7:00 P.M. AGENDA CALL TO ORDER PLEDGE OF ALLEGIANCE: PRESENTATION: Certificate of Appreciation, Harry Ernst, Library Board Member INTERVIEW: Lynn McBriant, Beautification Board Beverly Walden, Commercial Development Board CONSIDERATIONS: 1. Motion to Approve: Minutes of the February 3, 1998 Regular City Council Meeting 2. Motion to Approve: Lifeguard Service Agreement with Brevard County in the arnount of $7,680 3. Motion to Approve: Bid No. 97-6, Mowing Service for the Water Reclamation Facility and Lift Stations 4. Motion to Approve: Construction Trailer Permit Extension for AJT, 8910 Astronaut Boulevard RESOLUTION: 5. Motion to Approve: Resolution No. 98-04, Appointing an Alternate Member to the Planning & Zoning Board (Andrea Shea King) 6. Motion to Approve: Resolution No. 98-05, Appointing Two Members to the Community Appearance Board, terms expiring May 1, 2001 and May 1, 2002 (Walter Bowman & Cindi Griffin) e:\cityclerk\cityclk\agend\regular\1998\03-03-98.doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 City Council Regular Meeting Agenda March 3, 1998 Page 2 PUBLIC HEARINGS ORDINANCES — SECOND READING 7. Motion to Adopt: Ordinance No. 03-98, Adopting the 1997 Edition of the Standard Building Code AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE II, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8. Motion to Adopt: Ordinance No. 04-98, Amending the 1994 Edition of the Standard Plumbing Code AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VI, PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SEC. 82- 148, AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 9. Motion to Adopt: Ordinance No. 05-98, Adopting the 1997 Edition of the Standard Gas Code AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VII, GAS CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE STANDARD GAS CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 10. Motion to Adopt: Ordinance No. 06-98, Adopting the 1997 Edition of the Standard Mechanical Code AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VIII, MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE STANDARD MECHANICAL CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. I1. Motion to Adopt: Ordinance No. 07-98, Amending Chapter 82, Article IX, Solar Energy Standards AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE IX, SOLAR ENERGY STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING E:\Cityclerk\CityClk\AGENDA\REGULAR\1998\03-03-98.doc City Council Regular Meeting Agenda March 3, 1998 Page 3 SECTION 82-223, COMPLIANCE WITH BUILDING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 12. Motion to Adopt: Ordinance No. 08-98, Adopting the 1997 edition of the Standard Swimming Pool Code AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE X, SWIMMING POOL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE STANDARD SWIMMING POOL CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13. Motion to Adopt: Ordinance No. 09-98, Adopting the 1997 Edition of the Standard Housing Code AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE XI, HOUSING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE STANDARD HOUSING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 14. Motion to Adopt: Ordinance No. 10-98, Amending Chapter 82, Article XIII, Threshold Buildings AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE XIII, THRESHOLD BUILDINGS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING CHAPTER 553, FLORIDA STATUTES. BY REFERENCE AND DELETING SECTION 82-322 THROUGH 83-346; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCES — FIRST READING IS. Ordinance No. 02-98, Amending Chapter 78, Article IV, Reclaimed Water AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 78, ARTICLE IV, RECLAIMED WATER, BY AMENDING SECTION 78-176, DEFINITIONS. AND SECTION 78-177, CONNECTION TO THE SYSTEM AND ADDING SECTION 78-181, RIGHT TO REFUSE SERVICE, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 16. Ordinance No. 13-98, Redefining Tree Diameter (DBH) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 102-36 DEFINITIONS, BY AMENDING THE DEFINITION E:\cityclerk\CityClk\AGENDA\REGULAR\1998\03-03-98.doc City Council Regular Meeting Agenda March 3, 1998 Page 4 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 102-36 DEFINITIONS, BY AMENDING THE DEFINITION FOR DIAMETER AT BREAST HEIGHT (DBH); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. 17. Ordinance No. 14-98, Amending Section 110-567(b)Amending the Relative Tree Point Values for Landscaping Purposes AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 1 10-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. DISCUSSION: 18. Joint meeting with the Canaveral Port Authority 19. Amending Section 34-97, Duties and Responsibilities for Maintenance Relating to Dumpsters 20. Amending Chapter 94, Signs REPORTS: 21. City Manager's Report 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, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868- 1221) 48 hours in advance of the meeting. E:\cityclerk\CityCIk\AGENDA\REGULAR\1998\03-03-98.doc 980017-0224 DISTRIBUTION Mayor X City Council X City Mgr. X City Atty. Pub. 'VVorks Dir. Building Off. Finance Dir. 8494 Ridgewood Ave. Apt. 4305 Cape Canaveral, FL 32920 February 20, 1998 Mr. J. Tim Grady, Chairman Cape Canaveral Public Library Board PO Box 1612 Cape Canaveral, FL 32920-1612 Dear Tim, I regret to inform you that my health no longer will permit me to serve on the Cape Canaveral Public Library Board; please accept my resignation. It has been my pleasure to serve on the board the past eight years and to participate in the library's dramatic expansion. May God bless the Library and its patrons. Sincerely, Harry Ernst cc: Isabel Matos-Escapa Bennett Boucher PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: Lynn L. McBlant Home Telephone: 783-5670 Home Address: 210 Caroline St. #413 Cape Canaveral Business: CALL ONE, INC. • Business Telephone: 783-2400 Office Address: 8810 Astronaut Blvd. Cape Canaveral Brief Description of Education and Experience: Served on Beauification board and Community Appearance Board in N.C. Determined houses to be condemsed. Other Projects that pertained to the Looks of the Community. Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes X No Do you currently hold a public office? Yes No X Are you presently employed by the City? Yes No X At the present time, do you serve on a City Board? Yes No X At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No X At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No X Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) X Beautification Board Board of Adjustment* Code Enforcement Board* Commercial Development Board Community Appearance Board* Construction Board of Ajustment & Appeals* Library Board Planning and Zoning Board* Recreation Board *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: I served as a member of The Beautification Board in N.C. We did Tree plantings, sidewalks, Store Front Beautification, All types of Street scapes. Helped with Community Functions. Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes X No Applicant's signature: Juavanna L. McBriant Date: 2-19-98 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: Beverly J. Walden Home Telephone: 783-9710 Home Address: 555 Fillmore Ave. #205 Cape Canaveral, FL. 32920 Business: Women's Resource Center of Central Board Business Telephone: 454-4573 Office Address: P.O. Box 0876 Merritt Island, FL. 32954-0876 (Physican office in Cocoa Village) Brief Description of Education and Experience: Criminal Justice BS/ Business Administration MA/Management (EX- Police Officer/South Florida) Most current- 10 yrs. Business/Administration Nova Southeastern University, Ft. Lauderdale- Director/Business Services Re-located to Brevard 2 yrs. ago- Founded/Director Women's Resource Center/Central Brevard Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes X No Do you currently hold a public office? Yes No X Are you presently employed by the City? Yes No X At the present time, do you serve on a City Board? Yes No ✓ At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No X At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No X Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Board of Adjustment* Code Enforcement Board* 1 Commercial Development Board 3 Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board 2 Planning and Zoning Board* Recreation Board *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 151h of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: Any qualifications (formal) include a background in business & development, education and "Hands on" getting things done" professional experience. I am comfortable and competent in the mechanics & dynamics of (?), planning , developing business and projects that represent an organization (i.e. the City in this case) I am a "people person", and as a resident, want to be Knowledgeable and "hands on" within any Community, have the opportunity for input and a positive image for Cape Canaveral. Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes X No Applicant's signature: Beverly J. Walden Date: Feb. 18, 1998 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 3, 1998 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Joy Salamone Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims Public Works Director, Edward Gardulski INTERVIEW: City Attorney, Kohn Bennett, interviewed Ms. Cynthia (Cindi) Griffin, Commercial Development Board Applicant. She related that she has been a resident for more than three years and is not a member of any other board. Mayor Randels queried Ms. Griffin why she was interested in the Commercial Development Board. She responded that she has a keen interest in seeing commercial redevelopment, specifically for unoccupied business buildings. Consensus was to appoint Ms. Griffin by resolution at the next meeting. CONSIDERATIONS: (Tape 1, 211) A motion was made by Ms. Salamone and seconded by Mr. Bruns to approve the City Council Regular Meeting Minutes of January 20, 1998 as presented. The motion passed 5-0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. e:\cityclerk\cityclk\minutes\regular\1998\02-03-98.doc City Council Regular Meeting Minutes February 3, 1998 Page 3 A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve the Addendum to Port Sewage Franchise Agreement regarding Impact Fees, striking all but paragraph 6, providing for the Collection of Sewer Impact Fees Cessation, beginning January 1, 1998. The motion passed 5-0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For, and Mayor Randels, For. 5. (Tape I, 2817 - Tape 2) City Manager, Bennett Boucher, related that the Proposal from Stottler, Stagg & Associates for the Design of Commerce Street is higher than anticipated. Consensus was for Mr. Arthur Berger to obtain a proposal from his company's engineer, Droor & Associates for the design of Commerce Street for consideration. ORDINANCES — FIRST READING 6. (Tape 2, 412) Mayor Randels read Ordinance No. 01-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 22, COMMUNITY DEVELOPMENT, SECTION 22-37, BY AMENDING THE QUALIFICATIONS OF MEMBERS APPOINTED TO THE COMMUNITY APPEARANCE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Hernandez to approve Ordinance No. 01-98 for second reading. Ms. Salamone expressed concern that the ordinance does not limit the number of non-resident members. Council concurred and an amending motion was made by Ms. Salamone and seconded by Mr. Bruns to allow only one non-resident member to the Community Appearance Board. The amending motion passed 5-0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. The main motion passed 5-0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. 7. (Tape 2, 620) Mayor Randels read Ordinance No. 02-98 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA AMENDING CHAPTER 78, ARTICLE IV, RECLAIMED WATER, BY AMENDING SECTION 78- 177, CONNECTION TO THE SYSTEM, OF THE CODE OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A REVISED DEFINITION OF -AVAILABLE" FOR CONNECTION. PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Ms. Salamone and seconded by Mr. Hernandez to approve Ordinance No. 02-98 for second reading. E:\cityclerk\CityClk\MINUTES\REGULAR\1998\02-03-98. doc City Council Regular Meeting Minutes February 3, 1998 Page 4 Mr. Petsos expressed concern that the ordinance needs clarification because although a home is within 100' of a main line, it may not be feasible to connect them. City Attorney, Kohn Bennett, stated that it is possible to amend the ordinance with language clarifying the definition of "availability." Mr. Hernandez opined that the ordinance should be reconsidered. A motion was made by Ms. Salamone and seconded by Mr. Petsos to table Ordinance No. 02-98 for further clarification. DISCUSSION: 8. (Tape 2,1242) City Clerk, Sandra Sims, reported that the Board Member Vacancy Statistics Report developed demonstrates the movement of board membership during calendar year 1997. Virtually every new member was recruited by word of mouth. During 1997: • Two press releases were published recruiting board members • The city marquee was displayed to recruit members • Two requests for volunteers were incorporated into articles during the year by Ann Samuels, Space Coast Press • The full application was published on May 22, 1997 (attached) She stated that a packet, including an application was distributed to all current Board Members and Council Members to encourage board member recruiting. 9. (Tape 2.2252) Fire Chief, David Sargeant, discussed the Fire Chiefs Association's efforts to convince the County to institute the same charges for Emergency Medical Services Transport throughout the county. He related that paragraph 4(d) of the Space Coast League of Cities Resolution Relating to Emergency Medical Services is unnecessary and will slow the process. He further opined that if cities provide their own emergency medical service transport, it should be coordinated with the county. 10. (Tape 2, 2320) Commerce Street Settlement Agreement and Dedication discussion was covered under item no. 5. REPORTS: 11. City Manager— Bennett Boucher (Tape 2,2265) Mr. Boucher reminded Council that the Water Reclamation Plant is holding an Open House from February 2 through February 7, 1998 between the hours of 10:00 a. m. and 2:00 p.m. E:\cityclerk\CityClk\MINUTES\REGULAR\1998\02-03-98.doc City Council Regular Meeting Minutes February 3, 1998 Page 5 • Mr. Boucher reported that the Environmental Protection Agency has sent a notice to Mr. Applegate, owner of the Washington Avenue beach end property, mandating that the remaining debris be removed. • Mr. Boucher reported that the P2000 grant for the purchase of the seven (7) acres adjacent to the Manatee Sanctuary has been approved for a six-month extension. City Clerk— Sandra Sims No report. City Attorney — Kohn Bennett (Tape 2,2410) Mr. Bennett related that upon reflection, he is concerned about the open motion approving the Canaveral Port Authority Sewer Impact Fee Cessation. He stated that a time limit for their acceptance should be established. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to reconsider item no. 4 The motion passed 5-0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For, Mr. Hernandez, For, Mayor Pro Tem Petsos, For; and Mayor Randels, For. A motion was made by Ms. Salamone and seconded by Mr. Bruns to amend the motion to amend the agreement with the Canaveral Port Authority to cease collecting sewer impact fees beginning January 1, 1998, to include the statement that the agreement must be accepted by February 20, 1998. The motion passed 5-0, with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For. • Mr. Bennett reported that the Fifth District court denied Fairvilla's appeal. He explained that any further appeal will have to go before the Supreme Court. Council Member — Joy Salamone Ms. Salamone reported that she did receive E -Mail from the city today and commended efforts on the web page. Ms. Salamone commended the Public Works Department for removing stumps and packing the hoes at the school grounds. Ms. Salamone stated that she had received the past year distributed logged in mail by the "Silent Too Long" author. Council Member — Burt Bruns No report. Council Member — Tony Hernandez No report. E:\cityclerk\CityClk\MINUTESIREGULAR\1998\02-03-98.doc City Council Regular Meeting Minutes February 3, 1998 Page 6 Mayor Pro Tem — Buzz Petsos • Mr. Petsos queried about the status of the dumpster screening ordinance. City Manager, Bennett Boucher, responded that the ordinance has been drafted and will be on the next agenda for first reading. • Mr. Petsos submitted a proposed city bumper sticker with the City's logo and the wording, "Cape Canaveral" "My City" " I'm Part of It" "I'M Proud of It." He related that Blue Note will print 500 for a cost of $260 or 1,000 for a cost of $391. Council concurred to have 1,000 printed. • Mr. Petsos reminded Council that the American Cancer Society will need Council Members to bag groceries at the Cocoa Beach Winn Dixie on February 7 between 4:00 and 8:00 P.M. • Mr. Petsos reminded Council of the Space Coast League of Cities meeting in Rockledge on Monday, February 9, 1998. Mayor — Rocky Randels • Mayor Randels suggested that the City Manager consider including the Annex, Sheriff's Department with the new telephone system for City Hall. • Mayor Randels reported that the Space Coast Press is publishing an article on the Fire Department member going to Italy to return with the new Disney ship. • Mayor Randels reported that Bill Mays, owner of Sheldon's Cove has opened another Day Care Center in the Excel business building in Rockledge. • Mayor Randels reported that there is a $15,000 grant from the Department of Community Affairs for local mitigation strategies. He related that if the municipality does not obtain the funds, 50 percent will go to the county and the remaining 50 percent will not be allocated. There being no further business, a motion was made by Ms. Salamone and seconded by Mr. Hernandez for the meeting to adjourn at 9:50 p.m. Rocky Randels, MAYOR Sandra Rozar Sims, CITY CLERK E:\cityclerk\CityClk\MINUTES\REGULAR\1998102-03-98.doc Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Considerations Item No. 2 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVAL OF 1998 LIFEGUARD CONTRACT WITH BREVARD COUNTY DEPT. /DIVISION: PARKS & RECREATION Requested Action: That the City Council consider approval of the 1998 lifeguard contract with Brevard County in the amount of $7,680.00. Summary Explanation & Background: See attached memo from the recreation director. We had budgeted $8,000 for this year. I recommend approval. Exhibits Attached: Recreation director's memo of 02-12-98; lifeguard contract City Manager's Office Bennett C. Boucher Department PARKS & RECREATION g:/admin/council/meeting/1998/02-03-98/lifeguard.doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue 783-1127 MEMO TO: BENNETT BOUCHER, CITY MANAGER FROM: NANCY HANSON, DIRECTOR, PARKS & RECREATION DATE: FEBRUARY 12, 1998 Re: 1998 LIFEGUARD CONTRACT I have reviewed the draft of the Ocean Lifeguard contract for the 1998 season. The increase of $435.00 is to cover the expense of having guards on duty for a longer period of time in 1998, due in part to the school calendar. Other than the increase in the fee, which was anticipated and budgeted for, and the increase in the number of service days, the contract is virtually the same as the 1997 contract, including the revision council requested regarding the roving guard. How will the sand transfer project affect the guard location? BREVARD County BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST PUBLIC SAFETY DEPARTMENT 1040 S. Florida Ave., Rockledge, FL 32955 Phone: (407) 633-2066 Fax: (407) 633-2057 February 4, 1998 Bennett C. Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral FL 32920 Dear Mr. Boucher, Attached is the "draft" Ocean Lifeguard contract for the 1998 lifeguard season for your city. As your contract shows, there is a slight increase for the lifeguard service this year. As indicated, the contract reflects a 6% increase over last year. The lifeguard season is longer this year because the last day of school is May 21, 1998, and we intend to begin seven days per week service on May 22, 1998, (last year we started on June 2, 1997). There are additional days at the end of the season due to the fact that Labor Day is on September 7, 1998, (last year was September 1, 1997). Please read over the draft contract and I or Jack Parker, Public Safety Director, will be contacting you in the near future to set up a meeting. I would also like to take this opportunity to advise you that our staff intends to present you with next year's preliminary contract for fiscal year 1999 no later than March 1, 1998 so your staff can more accurately budget for lifeguard expenses. Sincerely, Randy Jackson Community Safety Services PRINTED ON RECYCLED PAPER AGREEMENT THIS AGREEMENT, made and entered into this day of 1998, by and between the City of Cape Canaveral, Florida, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County" WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01(1)(b), (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: 1. TERM: The term of this Agreement is for the period commencing March 28, 1998, and terminating on September 7, 1998. The County hereby agrees to provide USLA (United States Lifesaving Association) and First Responder Certified lifeguard services for that portion of Cape Canaveral as described in Section 3 for the period commencing March 28, 1998, and terminating on September 7, 1998. 2. PAYMENT: For the services outlined herein, the City shall pay to the County Seven Thousand Six Hundred and Eighty Dollars ($7,680.00). Such payments are payable in six (6) monthly payments due on the last day of each month. The first payment is due on April 30, 1998, and the final payment is due on September 30, 1998. 3. SERVICES: A. The County agrees to provide all personnel and equipment, as provided below, and USLA and First Responder Certified lifeguard services between the hours of 10:00 a.m. and 5:00 p.m., or at such other times mutually agreed to in writing signed by both parties within the following area: 1. Tyler Avenue within a portion of the beach 75 yards north and south of one (1) staffed tower in this location. B. The above referenced area will have one (1) staffed tower (one (1) person) located at Tyler Avenue and, additionally, there will be one (1) Roving Patrol (one (1) person) on duty. C. Said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. for the period commencing March 28, 1998, and ending on September 7, 1998, on the week days from 10:00a.m. until 5:00 p.m. beginning May 22, 1998, and ending on August 7, 1998. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the county, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to insure that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. After the victim(s) is removed from the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement for Fire/Rescue arrives. 2 In search and rescue operations and body recovery, the officer in charge from the Brevard County Lifeguard Division will relinquish incident command/control of the scene to the law enforcement agency with jurisdiction in the area. In medical emergencies, victim/patient care will be immediately transferred to the most qualified BLS/ALS provider. In such circumstances that the BLS/ALS provider has begun resuscitation efforts upon the victim/patient, having determined that the victim/patient has no respiration and no pulse, the law enforcement agency with jurisdiction in the area of the scene may take incident command/control of the scene, declare the scene a crime scene, and direct the resuscitation efforts by the BLS/ALS provider be terminated. Under such circumstances that the law enforcement agency takes command/control of the scene, the agency shall have complete responsibility for the scene. 4. LIABILITY AND INSURANCE: A. Each parry 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. B. The parties further agree that nothing contain herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance as required to respond to their obligations under this Agreement and Section 768.28, Florida Statutes. 5. ASSIGNMENTS: Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. TERMINATION: Violation of any material provisions of this Agreement shall result in its termination upon 30 days written notice thereof to the breaching party. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (15) days of receipt of same by the City. 3 7. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City be delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 8. MODIFICATION AND DEFINITION OF CONTRACT: The parties agree that there are no other terms or agreements other than as contained herein. No additional verbal or oral representation shall be effective unless reduced to writing and executed by both parties. 9. ATTORNEY'S FEES AND COSTS: In the event either party must initiate legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non jury. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA ATTEST: By: Sandy Crawford, Clerk Helen Voltz, Chairman AS APPROVED BY THE BOARD ON WITNESSES: CITY OF CAPE CANAVERAL, FLORIDA Bennett C. Boucher, City Manager Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Considerations Item No. 3 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AWARD BID NO. 97-06, MOWING OF WATER RECLAMATION FACILITY AND LIFT STATION AREAS DEPT. /DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: That the City Council consider the award of Bid No. 97-06 to Lawns by Scott in the amount of $7,489 for mowing of the water reclamation facility and $2,200 for mowing of (10) lift station areas and no bid award for the utility easement portion oft this bid. Summary Explanation & Background: This is a budgeted item. The RFP No. 97-06 had (3) items to bid upon and the public works director has selected the above mentioned as his recommendation (attached). The utility easement section of the bid consisted of the drainage canal and the public works director has determined that the county is better equipped to clean and maintain this canal. The public works director will be in attendance to answer any questions you may have. Exhibits Attached: Bid results; Public Works Director's memo of 01-13-98 City Manager's Office Bennett C. Boucher Department WATER RECLAMATION/PUBLIC WORKS g:/admin/council/meeting/1998/03-98/97-06.doc M E M O R A N D U M DATE: January 13, 1998 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: Award Lawn Maintenance #A the Water Reclamation Treatment Facility, Bid No. 97-06 Lawns By Scott, Inc The City advertised requests for bid for mowing services on December 7, 1997. The primary bid was requested for the Water Reclamation Treatment Facility and two alternate bid were requested, one for ten (10) Lift Stations and one for Utility Easements. The scheduled bid opening was on January 6, 1998 at 3:00 p.m. at the City Hall Annex. The City received seven (7) bids. The low bidder for both the Treatment Facility and the Lift Stations was Lawns by Scott, Inc., located in Cocoa Beach. Lawns by Scott has been under contract by the City of Cocoa Beach for three (3) years and we received a favorable reference. Recommend awarding the bid for Lawn Maintenance of the Water Reclamation Treatment Facility to Lawns by Scott. Funds have been budgeted and are available within the Enterprise Operating Fund. Attachment CC: File CONTRACT DOCUMENTS for PROVIDING SERVICE OF MOWING OF CITY PUBLIC WORKS FACILITIES AND UTILITIES EASEMENTS RFP NO. 97-06 CITY OF CAPE CANAVERAL FLORIDA DECEMBER 1997 Request for bids: Mowing of City Public Works Facilities and Utilities Easements The City of Cape Canaveral is requesting Bids for mowing of the City's Water Reclamation Treatment Facility located at 600 Tower Blvd, 10 lift Stations and an Utility easement. The Bidding Contractor is responsible for making an appointment for a site inspections by contacting the Public Works Department at 868-1240 during normal working hours. Bids: Bidder shall provide individual bid(s) at the cost per cut and total cost for the contracted period for one or more of the following areas: 1. Water Reclamation Treatment Facility. 2. All Lift Stations as a single unit 3. Utility Easements (note: this activity will require a slope mower) Bidder shall also include, but not limited to the following: A. Provide a list of all Subcontractors to be utilized, if any. B. Provide three (3) references of contracts performed within the past three years. C. Required Occupational Licenses. D. Provide a list of equipment to be used. Descriptions and Specifications: 1. Water Reclamation Treatment Facility: All grass area within the fenced area of the Public Works Facility located at 600 Tower Blvd. Cape Canaveral. Area shall be mowed to attain a neat finished appearance; this includes retention pond areas. All areas must be policed for trash before each mowing operation to begin. All sidewalks, curbs and areas adjoining asphalt shall be edged and blown off. All buildings, fences and above ground structures shall be kept free of vegetation to the level of the surrounding mowed areas. Extra care shall be used to guard against damage to plant and/or equipment. Any damage to any component shall be reported immediately to the Plant Superintendent. Contractor shall not impede normal City operations. All work shall be performed in a workmanship and professional matter. Mowing schedule shall include, but not limited to, 34 cuts per year (see attached Mowing Schedule). 2. Lift Station: Grass area inside lift stations and three (3) feet around perimeters shall be kept free of grass and weeds. Bougainvillea vines shall be kept neatly trimmed around all lift stations. Ten (10) Lift Stations (see attached Map) are within the City Limits. Mowing schedule shall include, but not limited to, 20 cuts per year (see attached Mowing Schedule) 3. Utility Easements: Sewer easement is located along the west line of section 14. This easement is 15 feet wide sloping down to the water level of the ditch and extends north to the City's North boundary. This easement must be kept mowed to a height of six (6) inches or less. Gouging shall be kept to a minimum. Some handwork may be needed around West Side of lift station and the headwall. This work will require a sloop mower. Mowing -schedule shall include, but not limited to, 12 cuts per year (see attached Mowing Schedule) Work Hours: Work shall not begin earlier then 7:00 A.M. and shall not extend past 6:00 P.M., Monday through Friday. Any work on Saturday shall be approved in advance by the Public Works Director. Contract Period: This contract will be for a one year period and may be extended on a year to year bases with City Council approval, not to exceed five (5) years. Termination: This contract may be terminated without cause by giving a 30 -day notice to the Contractor. Contractor's Requirements: The following are requirements of the Contractor: 1. Contractor shall have at least three (3) years of experience in landscape maintenance or commercial mowing service field. 2. Contractor shall provide as references three (3) contracts that are comparable to the submitted bid for the City. 3. Contractor shall be licensed in accordance with all appropriate City and County agencies. 4. Contractor shall have his/her employee controlled and directed by an on-site Forman in order to coordinate activities according to the bid specifications and in a professional manner. 5. Any and all subcontracting work done through the Contractor must be submitted for approval to the Public Works Director prior to commencement. 6. Contractor shall be responsible for a neat, orderly and safe work area. 7. Contractor shall provide a 24-hour contact phone number to the Public Works Director. 8. Contractor shall report immediately any and all conditions or damage occurring to City or Private property; weather he/she caused said condition of damage or only observed the condition or damage. Damage may involve, but not limited to landscape plantings and trees, buildings, signs, curbs, sidewalks, roadways, equipment vehicles, fences and above ground utilities and components. 9. Contractor shall be familiar with all above ground public utilities equipment i.e. pumps, motors, valves, hydrants and all other above ground components within the work area. Works shall be informed of all hazards. 10. Contract shall be responsible for a near orderly site appearance. 11. Contractor shall inform the Public Works Department of any delays or non- performance. Payment: Payment by the City will be made after the Contractor has completed the monthly task and has complied with the following: 1. Public Works Director's instructions and inspections. 2. Submitted an original payment request to the City. 3. After payment request and support documentation are approved by the Public Works Department and forwarded to the City Treasurer for payment. PROPOSAL MOWING OF CITY PUBLIC WORKS FACILITIES AND UTILITIES EASEMENTS RFP NO. 97-06 Proposal of: Lawns BY & Scott Inc. (Name) 129 June Drive, C.B, FL. 32931 (Address) to provide the City of Cape Canaveral with "Mowing of City Public Works Facilities and Utilities Easements ". The City of Cape Canaveral is located in Central Brevard County on the East Coast of Florida. TO: Sandra Rozar Sims, City Clerk City of Cape Canaveral Post Office Box 326 105 Poll; Avenue Cape Canaveral, FL 32920 The undersigned PROPOSER has carefully examined the Contract Documents, and is familiar with the nature and extent of the service required. The undersigned agrees to peform the requested service, in the manner prescribed therein, in accordance with The Contract Documents. Proposer shall attach a Proposal Sheet to this Form describing the work to be performed. TOTAL COST: 11,600 The undersigned also agrees as follows: 1. The contract will be effective immediately upon approval by the City Council. 2. Terms, conditions and rates proposed must be binding for 120 days from Proposal due date. Dated this 6 day of Jan , 1998. Respectfully submitted, Lawns B & Scott Inc. (Company or corporation name) 129 June Drive C.B. FL. (Street address, P.O. Box) C.B. FL. 32931 (City, State, Zip code) By: Scott Montagna Pres. (Signature, Title) SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(A), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to City of Cape Canaveal [print name of the public entity] by Scott D. Montagna pres. for LAWNS BY SCOTT INC. [print name of entity submitting sworn statement] whose business address is 129 June Drive Cocoa Beach FL. 32931 and (if applicable) its Federal Employer, Identilicition Number (FEIN) is 59-3142184 (If the entity has no FEIN, iuclude the Social Security Number of the Individual signing this sworn statement: -------------------.) 2 I understand that a 'public entity crime' as defined in Paragraph 237.133(1)(g), Floridn Statutes means a violation of any state or federal Iaw by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that 'convicted" or 'conviction' as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public cntity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an 'affiliate' as defined in Paragraph 237.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term 'affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling or equipment or income among persos when not for fair market value under an arm's Iength agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affliate. 5. I understand that a 'Person' as defined in Paragraph 237.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term *person' includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. DRUG-FREE WORKPLACE CERTIFICATION IDENTICAL TIE BIDS - In accordance with F.S. 287.087, preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commod- ities or contractual services, a aid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, posession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in sub- section (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the Untied States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilition program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign. the statement, I certify that this firm complies fully with the above reguirements . Scott Montagna VENDOR'S SIGNATURE -4- obtained under a separate work authorization by management. Cost determined by the extent of cleanup and removal required. Upon request, proof of insurance policies and proof or workmen's compensation will be provided by Lawns By Scott Inc. Invoices sent out monthly via mail. I, Scott D. Montagna, President of Lawns by Scott, Inc., will be available for further discussion of this proposal/contract. Contact me so that an appointment can be set up to meet at a time convenient to both parties. This contract is based on an annual contract that can be terminated after thirty days written notice from either party. Date to begin service will depend upon acceptance of contract. To indicate acceptance, please sign both contracts and return one copy to Lawns By Scott, Inc., 129 June Drive, Cocoa Beach, FL 32931 or contact Scott Montagna at 784-0385 or pager number 454-2834. Water Reclamation Treatment Facility will be serviced 34 times per year at a cost of $220.00 per service date. Yearly Cost - $$7489.00 This contract cost will be firm for one (1) year. This contract may be extended for additional one year periods and will be subject to an automatic 6% increase each anniversary year date due to rising costs for materials and labor. This contract is binding as long as services are being provided and are continued beyond the 12 month period or until 30 days written notice is provided. Representative for City of Cape Canaveral (Date) Lawns By Scott, Inc., President (Date) 1-6-98 I, Scott D. Montagna, President of Lawns by Scott, Inc., will be available for further discussion of this proposal/contract. Contact me so that an appointment can be set up to meet at a time convenient to both parties. This contract is based on an annual contract that can be terminated after thirty days written notice from either party. Date to begin service will depend upon acceptance of contract. To indicate acceptance, please sign both contracts and return one copy to Lawns By Scott, Inc., 129 June Drive, Cocoa Beach, FL 32931 or contact Scott Montagna at 784-0385 or pager number 454-2834. 10 Lift Stations will be serviced 20 times per year at a cost of $11.00 per station. Yearly Cost - $2200.00 This contract cost will be firm for one (1) year. This contract may be extended for additional one year periods and will be subject to an automatic 6% increase each anniversary year date due to rising costs for materials and labor. This contract is binding as long as services are being provided and are continued beyond the 12 month period or until 30 days written notice is provided. Representative for City of Cape Canaveral (Date) Lawns By Scott, Inc., President (Date) 1-6-98 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Considerations Item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: 90 -DAY PERMIT EXTENSION FOR A TEMPORARY CONSTRUCTION TRAILER, AJT PROJECT DEPT./DIVISION: BUILDING DEPARTMENT Requested Action: That the City Council consider granting a 90 -day permit extension for a temporary construction trailer for the AJT headquarters project. Summary Explanation & Background: See attached memo from the building official. I recommend approval. Exhibits Attached: Building Official's memo of 02-24-98 City Manager's Office Bennett C. Boucher Department BUILDING DEPT. g:/admin/council/meeting/1998/03-03-98/AJT.doc 02/23/1998 11:14 4078681008 AEDILE CONTRACTORS PAGE 01 City of Cape Canaveral AEDILE CONTRACTORS, INC. To: G.J. Moran Company: City of Cape Canaveral Phone: 407-868-1222 Fax: 407-783-8193 From: Arthur Berger Company: Aedile Contractors, Inc. Phone: 407-868-6700 Fax: 407-868-1008 Date: 2/22/98 Pages including this cover page: 1 Comments: Mr. Moran, Aedile Contractors, Inc is requesting a 90 day extension for the office trailer we have located at AJT Headquarters, Phase II, 8910 Astronaut Blvd-, Cape Canaveral, FL Should you have any questions regarding this matter, please contact our office. Thank you. PP #97-00540 BUILDING NEW CONSTRUCTION CITY OF CAPE CANAVERAL PERMIT #: 97-00540 PROJECT #: 97- CO PROJECT ADDRESS: 8910 ASTRONAUT BOULEVARD LOCATION: 8910 ASTRONAUT BOULEVARD SUBDIVISION: MASTER PERMIT #: - DATE ISSUED: 11/21/97 PCL#: 756 LOT #: BLK #: OWNER NAME: AJT & ASSOCIATES, INC. PHONE: (407)-783-7989 ADDRESS: 101 GEORGE KING BOULEVARD CITY: CAPE CANAVERAL STATE: FL ZIP: 32920 GEN. CONTR: BERGER, ARTHUR W. JR. DBA AEDILE CONTR. PHONE: (407)-868-6700 ADDRESS: 8660 ASTRONAUT BOULEVARD, SUITE #1 LIC #: CGC0032922 CITY: CAPE CANAVERAL STATE: FL ZIP: 32920 WORK: PLACE TEMPORARY CONSTRUCTION TRAILER. PERMIT MUST BE RENEWED EVERY DESC: 90 DAYS. ELEC . CONTR: to be selected PLMB. CONTR: MECH. CONTR: SPECIALTY: VALUATION: BLDG:25.00 PLAN REV: SQ . FT . ELEC : 25 -CD FIRE IMP: OCC. TYPE: CONST TYPE: PLMB: RADON: FIRE ZONE: USE ZONE: MECH: CONC: CAPITAL EXPANSION: TOTAL DUE: 50.00 TOTAL PAID: 50.00 APPLICATION ACCEPTED BY PLANS CHECKED BY I APPROVED FOR ISSUANCE BY K.G. Same Same * * * * * N 0 T I C E * * * * * THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED, OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINAWjNG, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. (SIGNATURE OF CONTRACTOR OR AUTORIZED AGENT) DATE 11/21/97 K.G. (APPROVED BY) DATE 11/21/97 CK #5116 11-21- 934 05 *50.00 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Resolution Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-04, APPOINTMENT OF AN ALTERNATE MEMBER TO THE PLANNING & ZONING BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the appointment of Mrs. Andrea Shea King as an alternate member to the Planning & Zoning Board. Summary Explanation & Background: Please advise. Exhibits Attached: Resolution No. 98-04• application City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/03-03-98/98-04.doc PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION TO SERVE ON CITY BOARD Applicant Name: Home Telephone: Home Address: Business: Business Telephone: Office Address: Brief Description of Education and Experience: Are you a registered voter? Yes X No Have you been a resident of the City for 12 months or longer? Yes X No Do you currently hold a public office? Yes No X Are you presently employed by the City? Yes No X At the present time, do you serve on a City Board? Yes No X At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister? Yes No At the present time, do any of the following relatives of yours serve on any other City board, commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood? Yes No Please specify which City Board you are interested in serving on: (Indicate Preference, 1st, 2nd, 3rd, etc.) Beautification Board Board of Adjustment* Code Enforcement Board* Commercial Development Board Community Appearance Board* Construction Board of Adjustment & Appeals* Library Board Planning and Zoning Board* Recreation Board *Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each year following the initial appointment while still a member of said Board. City of Cape Canaveral, Florida City Board Application Page 2 Please list what you feel are your qualifications to serve as a member on one of the City's Boards: As a Resident, I am concerned about the Quality of Life in Cape Canaveral. I have a deep interest in seeing to it that Business, Commerce, Industry, Tourism and Public Safety issues are balanced in these Times of Rapid Population and economic growth. As a past participant of Leadership Brevard (as a program graduate and past Board Chairman), The United Way of Brevard (Fund Allocations Chair), and incoming member of the Cocoa Beach Area Chamber of Commerce, I believe I can be of value to my community through service on one of these Boards. Would you consider serving on another City Board other than the one(s) you have selected on the front of this form? Yes X No Applicant's signature: Date: 12-29-97 PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. 2. Your application will remain effective for one year from the date of completion. 3. If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at 868-1221. PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE, CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Resolution Item No 6. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 98-05, APPOINTMENT OF TWO REGULAR MEMBERS TO THE COMMUNITY APPEARANCE BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider the appointment of (2) regular members to the Community Appearance Board. Summary Explanation & Background: Mrs. Cindi Griffin and Mr. Walter Bowman have applied to be members of this board. Please advise. Exhibits Attached: Resolution No. 98-05 City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council/meeting/1998/03-03-98/98-05.doc City of Cape Canaveral, Floria Resolution No. 98-05 Page 2 ADOPTED BY the City of Cape Canaveral, Florida this 3rd day of March, 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS JOY SALAMONE Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY G:/CityClk\Resolutions\BOARDS\Appointments\Community Appearance.doc Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Ordinances - 2nd Reading Item No. 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-98, ADOPTING THE 1997 EDITION OF THE STANDARD BUILDING CODE DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider approval of Ordinance No. 03-98, adopting the 1997 edition of the Standard Building Code. Summary Explanation & Background: The City is currently utilizing the 1994 edition of the Standard Building Code. These standards are revised every (3) years. The building official will be in attendance to answer any questions you may have about the 1997 edition of the code. I recommend approval. Exhibits Attached: Ordinance No. 03-98, existing code section; building official's memo of 02-05-98 City Manager's Office Bennett C. Boucher Department BUILDING DEPARTMENT/PUBLIC SAFETY g:/admin/council/meeting/1998/03-03-98/stndbldg.doc ORDINANCE NO. 03-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE II, BUILDING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE STANDARD BUILDING CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Orlando Sentinel blished Daily ,)tate of noribas.s. AUNTY OF ORANGE Before the undersigned authority personally appeared Donna Shaver , who on oath says t he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally vspaper published at COCOA in 17 V A R County, Florida t the attached cop of advertisement, being a NATTrr' OF ps]ai Tt HEARING he matter of Ordinance Nos. 3-10-98 he_RREV ARD Court, a published in said newspaper in the issue; of _f1P /m1 -JCA kffiant further says that the said Orlando Sentinel is a newspaper published at a n Ain said R F V A R D County, Florida, I that the said newspaper has heretofore been continuously published in J RRE V A R D County, Florida, :h Week Day and has been entered as second-class mail matter at the post •e in rOCO A in said RF_V AR 0 County, Florida, a period of one year next preceding the first publication of the attached ly of advertisement; and affiant further says that he/she has neither paid promised any person, firm or corporation any discount, rebate, nmisslon or refund for the purp se of securing this vertisement for Ilication in the said newspaper. " I for of instrument was acknowledged before me this 2 4 th day of e' uary 1998 by Donna Shaver is personally known to me and w id take a ath. AL) , ^ Cornet rEA81NG1 e the ClwdoThrida ` 6 eFuak H.erowi u9ghng98, at the C1ly, HWtAnnnr, t11 Polk Ave. nus Cape Canewral, Florida a1 Tueeday,.March 3,1998. Each ordinance in its erwrety may bel. inspected at the Office of tho City iarp Clek dun0agulatrow. 5:rk+ Frora98.300 0 C-8 ' AN ORDINANCE OF THE CITY OF CAPE CANAVER- AL, 13REVARD COUNTY, s FLORIDA, AMENDING 'OF THE CITY OF CAPE CANAVERAL. FLORIDA BY ADOPTING THE 1997 EDITION OF THE STAN- ,:DARO BUILDING CODE OF THE $TAN- S CODE WITH AMENDMENTS; 10 -ALL POR - THE CODE IN ASID ; ANE FOR••= AN DATE4"r = r . 3iaK WITH FOR AN . EFFECTIVE DATE _. OROINANCE NO. 07-0!_ _ City of Cape Canaveral, Florida Ordinance No. 03-98 Page 3 quorum. 108.2.4 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (5) Section 1503.1.4.1 is amended to read as follows: 1503.1.4.1 Nails and clips or similar fastening devices shall be hot -dipped galvanized, stainless steel, nonferrous metal or other suitable corrosion resistant material. Staple fasteners shall not be permitted. (6) Section 1504.1.3 is amended to read as follows: 1504.1.3 Shingle application shall be as specified in the manufacturer's published application instructions. Notwithstanding anything to the contrary contained herein, asphalt shingles must be fungus resistant. (7) Section 2405.2.1, number 6, is hereby repealed. (per State of Florida adoption). SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 3. 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 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day City of Cape Canaveral, Florida Ordinance No. 03-98 Page 4 of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY N\CAPE.NT\cape-nt\cityclerk\CityClk\Ordinances\BUILDING CODE - 1998 AMENDMENT.doc BUILDINGS AND BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 82-1. Penalty. Any person who shall violate this chapter or who shall fail to comply with this chapter or who shall violate or fail to comply with any order or regulation made under this chapter or who shall build in violation of any detailed statement or specifications or plans submitted and approved under this chapter or any certificate or permit issued under this chapter shall severally for each and every such violation and noncompliance, re- spectively, be punished as provided in section 1-15. (Code 1981, §§ 509.13, 611.07, 612.29, 613.04, 614.03, 615.04, 617.19, 619.04, 620.03, 623.07, 625.03, 627.03) Sec. 82-2. Building permit fee schedule. The city establishes a building permit and development fee schedule on all construction in the city. The fees shall be as set forth in appendix B to this Code. (Code 1981, § 547.01) Sec. 82-3. Changes to schedule of fees. The building permit and development fee sched- ule established in section 82-2 may be amended from time to time, as needed, by resolution of the city council. (Code 1981, § 547.03) Secs. 82-4-82-30. Reserved. ARTICLE II. BUILDING CODE* Sec. 82-31. Adopted. The Standard Building Code, 1994 edition, pub- lished by the Southern Building Code Congress *Editor's note—Ordinance No. 18-95, § 1, adopted August 15, 1995, amended the code by repealing article II, §§ 82-31- 82-34 and adding a new article II, §§ 82-31, 82-32. Formerly, such article pertained to similar provisions and derived from §§ 611.01, 611.02, 611.05 of the 1981 Code; Ord. No. 9-92, §§ 1(611.01), 1(611.02), 8-18-92; Ord. No. 20-92, § 1, 11-5-92; Ord. No. 12-93, §§ 1(611.01), 1(611.02), 7-6-93; Ord. No. 19-93, § 1(616.01), 6-15-93; Ord. No. 42-93, § 1, 11-2-93; Ord. No. 13-94, § 1(611.03), 4-5-94; Ord. No. 3-95, § 1, 2-21-95. Cross references—Fire prevention code adopted, § 38-26; standard fire prevention code adopted, § 38-30; requirements for fences, walls and hedges, § 110-470; buildings required for commercial uses, § 110-481; building setback Iines, § 110-536. § 82-32 International, Inc., including appendices, A, C, D, E, F, G and H is adopted by reference as though it were set out in this article in full. (Ord. No. 18-95, § 1, 8-15-95) Sec. 82-32. Amendments. The building code adopted in section 82-31 is amended as follows: (1) Section 102.2.1 is amended to read as fol- lows: 102.2.1 Building Official Qualifications. The building official shall have at least ten years' experience or equivalent as an archi- tect, engineer, inspector, contractor or su- perintendent of construction or any combi- nation of these, five years of which shall have been in responsible charge of work. The building official should be certified as a building official shall be appointed or hired by the city manager and shall not be re- moved from office, except for cause after full opportunity has been given to be heard on specific charges before the city manager. (2) Section 102.2.2 is amended to read as fol- lows: 102.2.2 Chief Inspector Qualifications. The building official, with the approval of the city manager, may designate chief inspec- tors to administer the provisions of the building, electrical, gas, mechanical and plumbing codes. They shall have at least ten years' experience or equivalent as an architect, engineer, inspector, contractor or superintendent of construction or any com- bination of these, five years of which shall have been in responsible charge of work. They should be certified through a recog- nized certification program for the appro- priate trade. They shall not be removed from office except for cause after full oppor- tunity has been given to be heard on spe- cific charges in accordance with the city Code of Ordinances. (3) Section 102.2.3 is amended to read as fol- lows: 102.2.3 Inspector Qualifications. The build- ing official, with the approval of the city Supp. No. 2 CD82:5 § 82-32 CAPE CANAVERAL CODE manager, may appoint or hire such number of officers, inspectors, assistants and other employees as shall be authorized from time to time. A person shall not be appointed or hired as inspector of construction who has not had at least five years' experience as a building inspector, engineer, architect or as a superintendent, foreman or competent mechanic in charge of construction. The inspector should be certified through a rec- ognized certification program for the appro- priate trade. (4) Section 104.6.1 is amended to read as fol- lows: 104.6.1 Permit Intent. A permit issued shall be construed to be a license to proceed with the work and not as authority to violate, cancel, alter or set aside any of the provi- sions of the technical codes, nor shall issu- ance of a permit prevent the building offi- cial from thereafter requiring a correction of errors in plans, construction, or, viola- tions of this code. Every permit issued shall become invalid, unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time work is commenced. The permit shall become invalid after three years from the date of its issuance in zoning districts of the city, unless the building or buildings subject to the permit have exteriors and landscaping which are in substantial compliance with the plans and specifications and comply with the provisions of section 34-96, section 34-97, subsections 34-98(3), (4), (5), (6), (7), (9) and (11), section 34-99 and section 34- 122 of the City Code of Ordinances. Exten- sions of time for building permits may be granted only by the city council. Further, any unfinished buildings or structures for which a permit has lapsed or otherwise become invalid, and where the dppearance and other conditions of such unfinished building or structure substantially detracts from the appearance of the immediate neigh- borhood, or reduces the value of property in the immediate neighborhood, or is a nui- sance shall be deemed to be a violation of the above reference code sections, which violation may be enforced by the code en- forcement board. (5) Section 108.1 is amended to read as fol- lows: 108.1 Appointment. There is hereby estab- lished a board to be called the construction board of adjustment and appeals, which shall consist of five members. The board shall be appointed by the city council. (6) Section 108.2 is amended to read as fol- lows: 108.2 Membership and Terms. 108.2.1 Membership. Members of the con- struction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contrac- tors or building industry representatives. A board member shall not act in a case in which he has a personal or financial inter- est. 108.2.2 Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 108.2.3 Quorum and Voting. A simple ma- jority of the board shall constitute a quo- rum. 108.2.4 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (7) Section 1509.1.4.1 is amended to read as follows: 1509.1.4.1 Nails and clips shall be hot - dipped galvanized, stainless steel, nonfer- Supp. No. 2 CD82:6 City of Cape Canaveral MEMORANDUM: February 5, 1998 TO: Bennett Boucher, City Manager Mayor & City Council Member FROM: G. J. Moran, CBO Building Official Subject: Amendments To Update Technical Codes To Latest State of Florida Mandates The proposed amendments to Chapter 82 of the City Code of Ordinances are for the purposes of adoption of the latest edition of state mandated technical codes and to update city requirements to be equal to, or more stringent than, the State of Florida requirements. The amendments to the Building Code, Plumbing Code and Mechanical Code relate to State mandated licensing requirements for building department personnel as required by Chapter 468 of the Florida Statutes. The amendments to the Solar Energy Code update the reference to the proper code section of the building code relating to wind loading. The amendments to the Swimming Pool Code are to adopt the latest edition. The amendments to the Housing Code are to adopt the latest edition. The amendments to the Threshold Building section are to defer to State Law as shown in Florida Statute Chapter 553. These amendments are normally required on a three year cycle as the technical codes are revised, reprinted and approved by the State of Florida, Department of Community Affairs, Board of Building Codes and Standards every three years. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 DEPARTMENT OF COMMUNITY AFFAIRS FLORIDA BOARD OF BUILDING CODES & STANDARDS 2555 SHUMARD OAK BLVD. • TALLAHASSEE, FLORIDA 32399-2100 'SAFETY for LIFE and PROPERTY' May 2, 1997 Dear Building Official: As authorized by Section 553.73, Florida Statutes (F.S.), the Florida Board of Building Codes and Standards (the Board) amended Rule 9B-3.047, State Minimum Building Codes, and adopted the most current editions of the model codes effective April 28, 1997. Enclosed for your information is a copy of the final rule. In summary, the new amendments to the rule adopt by reference: the 1997 edition of the Standard Building Code, the Standard Mechanical Code, and the Standard Gas Code but not the Standard Plumbing Code; and the 1996 edition of the EPCOT Code. The 1994 Dade South Florida Building Code is still current. A new edition is expected to be adopted by rule this summer. Early this year, the Board initiated a proposed rule amendment to Rule 9B-3.048, State Plumbing Code, to update the 1994 edition of the Standard Plumbing Code (SPC) to the 1997 Standard Plumbing Code/International Plumbing Code (IPC). The Board held two workshops in January 27, and March 10, 1997 to obtain public comment on the rule development. At the workshops, attendees expressed concerns regarding requirements in the IPC which were not applicable to Florida or were considered too excessive. Their major issues of concern were as follows: (1) the IPC's requirements for protection of pipes from freezing were more applicable to cold climates than to warm climates such as found in Florida, (2) the IPC requirement that relief lines for water heaters be designed for gravity flow will limit installation of waters to locations only next to outside walls of a building, and (3) the IPC requirement that hot water be available in all buildings that have employees will impact 70% of the new commercial buildings in the state and is more applicable to cold climates that to warm climates such as in Florida. Based on these concerns and the fact that the Board has no authority to alter the model code when it adopts updates to the State Plumbing Code, the Board decided to stay with the 1994 SPC until the International Code Council Inc. (ICC) membership revises the IPC so that it more applicable to Florida's environment. The Board has worked diligently for a timely adoption of the codes. Section 553.73(1) F.S. requires each local government and state agency with building construction regulation responsibilities to adopt one of the state approved editions of the model codes. The Board encourages you to update your codes quickly so that the standards throughout the state are consistent and contractors and designers are in compliance with state law. Building Officials May 2, 1997 Page Two The Board has also approved errata sheets to the Wood Frame Construction Manual (WFCM) after determining they are editorial in nature. The Manual together with the errata sheets can be used as an alternative method for achieving compliance with Section 1606, Wind Load, of the Standard Building Code (SBC). Thank you for your cooperation and should you need more information regarding this rule, please feel free to contact the Board's staff in the Building Codes and Standards Office at (904) 487-1824. Sincerely, Douglas Murdock, Chairman Board of Building Codes and Standards MM/bs City of Cape Canaveral STAFF REPORT February 5, 1998 TO: Mayor & City Council Members FROM: G. J. "Whitey" Moran, CBO Building Official SUBJECT: Revisions Adopted In 1997 Editions Of The Standard Codes The "Standard Codes" as promulgated by the Southern Building Code Congress International, Inc. is a nationally recognized minimum prescriptive construction code package that is accepted by the State of Florida. The State of Florida mandates by statute the adoption of a construction code by all governmental entities. The State of Florida allows the adoption of the "Standard Codes" as meeting that requirement and allows the adoption of the "Epcot Code" (Disney) and the "South Florida Building Code" (Dade & Broward Counties). The State of Florida is presently reviewing, by committee, the approval of a "One Code" system for the entire state. The United States, at present, has three major code organizations that are used in various portions of the country, they are: the Southern Building Code Congress International. Inc.(SBCCI), the Building Officials and Code Administrators International, Inc.(BOCA) and the International Conference of Building Officials (ICBG). The three organizations are presently working toward the merging of all code officials under one international organization and the publication of one code, to be named the "International Code" that will include the "International Building Code", the "International Plumbing Code", etc; and that will be recognized and adopted by all the states. The promulgation of this code is well under way and is expected to be accomplished by the year "2000". 106 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 9 FAX (407) 799-3170 ORDINANCE NO. 04-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VI, PLUMBING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 82-148, AMENDMENTS, REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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. Chapter 82, Building and Building Regulations, Article VI, Plumbing Code, is hereby amended by repealing Section 82-148 of Article VI in their entirety and replacing same with the following: Section 82-148. Amendments. The plumbing code adopted by reference in this article is amended as follows: (1) Sections 102.2.1, 102.2.2, 102.2.3, and 102.2.4 are amended to read as follows: 102.2.1 Building Official Qualifications, 102.2.2 Chief Inspector Qualifications, 102.2.3 Inspector Qualifications, and 102.2.4 Deputy, Building Official Qualifications shall be those qualifications as outlined in Chapter 468, Florida Statutes. (2) Section 108.1 is amended to read as follows: 108.1 Appointment. There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of five (5) members. The board shall be appointed by the city council. (3) Section 108.2 is amended to read as follows: 108.2 Membership and Terms. City of Cape Canaveral, Florida Ordinance No. 04-98 Page 3 Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY \\CAPE-NT\cape-nt\cityclerk\CityClk\Ordinances\PLUMBING CODE - 1998 AMENDMENT.doc BUILDINGS AND BUILDING REGULATIONS (4) NAVFAC DM -26, U.S. Department of the Navy. (5) Coastal Construction Manual, Federal Emergency Management Agency, February 1986. (Please note that the wind design section is based upon the 1982 edition of the Standard Building Code with the 1984 accumulated amendments and not the 1985 edition of the Standard Building Code with the 1986 revisions as required by F.S. § 161.55(1)(d).) (Code 1981, § 612.27) Secs. 82-95--82-115. Reserved. ARTICLE V. ELECTRICAL CODE* Sec. 82-116. Adopted. The 1993 edition of the National Electrical Code, published by the National Fire Protection Association, is adopted by reference as though it were copied in this article fully, with the exception that any portion in conflict with this article is not adopted. (Code 1981, § 617.01; Ord. No. 16-93, § 1(617.01), 6-15-93) Sec. 82-117. Administrative authority or of- ficial. Whenever the term "administrative authority" or "official" is used in the electrical code adopted in section 82-116, it shall be construed to mean the building official of the city or his authorized representative. (Code 1981, § 617.03) Sec. 82-118. Board of appeals. The construction board of adjustment and ap- peals created in the building code adopted in section 82-31 shall be the board for appeals for the electrical code adopted in this article. The require- ments for appeals under such building code inso- far as is practicable and applicable shall apply to the electrical code. *Cross reference—Standard fire prevention code adopted, § 38-30. . § 82-148 SEcs. 82-119-82-145. Reserved. Editor's note—Ordinance no. 17-95, § 1, adopted August 15, 1995, amended the code by repealing sections 82-119---82- 125 in their entirety. Formerly, such sections pertained to service disconnects required; service wires; breaking meter seals; wiring methods; additions, remodeling and rewiring; electric wiring for swimming pools; submersible lighting and derived from §§ 617.05, 617.07, 617.09, 617.11, 617.13, 617.15, 617.17 of the 1981 Code. ARTICLE VI. PLUMBING CODEt Sec. 82-146. Adopted. The Standard Plumbing Code, 1994 edition, published by Southern Building Code Congress International, Inc., including all appendices ex- cept appendix H which is deleted, is adopted by reference as though it were copied in full in this article. (Code 1981, § 613.01; Ord. No. 10-92, § 1(613.01), 8-18-92; Ord. No. 20-92, § 2, 11-5-92; Ord. _ No. 13-93, § 1(613.01), 6-15-93; Ord. No. 19-19, § 1, 8-15-95) Sec. 82-147. Administrative authority or of- ficial. Whenever the term "administrative authority" or "official" is used in the plumbing code adopted by reference in this article, it shall be construed to mean the building official of the city or his autho- rized representative. (Code 1981, § 613.03) Sec. 82-148. Amendments. The plumbing code adopted by reference in this article is amended as follows: (1) Section 102.2.1 is amended to read as fol- lows: 102.2.1 Building Official Qualifications. The building official shall have at least ten years' experience or equivalent as an archi- tect, engineer, inspector, contractor or su- perintendent of construction or any combi- nation of these, five years of which shall have been in responsible charge of work. The building official should be certified as a tCross reference—Sanitary sewer system, § 78-26 et seq. Supp. No. 2 CD82:13 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Ordinances — 2nd Reading Item No. 9 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 05-98, ADOPTING THE 1997 EDITION OF THE STANDARD GAS CODE DEPT. /DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider approval of Ordinance No. 05-98, adopting the 1997 edition of the Standard Gas Code. Summary Explanation & Background: The City currently utilizes the 1994 edition of the Standard Gas Code. This amendment also adopts the F.S. on building official qualifications. The building official will be in attendance to answer any questions. I recommend approval. Exhibits Attached: Ordinance No. 05-98 Existing Code City Manager's Office Bennett C. Boucher Department BUILDING DEPARTMENT/PUBLIC SAFETY g:/admin/counciil/meeting/1998/03-03-98/stngas.doc ORDINANCE NO. 05-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VII, GAS CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE STANDARD GAS CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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. Chapter 82, Building and Building Regulations, Article VII, Gas Code, is hereby amended by repealing Sections 82-171 and 82-173 of Article VII in their entirety and replacing same with the following: Sec. 82-171. Adopted. The Standard Gas Code, 1997 edition, published by the Southern Building Code Congress International, Inc., excluding all appendices, is adopted by reference as though it were copied in this article in full. Sec. 82-173. Amendments. The gas code adopted by reference in this article is amended as follows: (1) Sections 102.2.1, 102.2.2, 102.2.3, and 102.2.4 are amended to read as follows: 102.2.1 Building Official Qualifications, 102.2.2 Chief Inspector Qualifications, 102.2.3 Inspector Qualifications, and 102.2.4 Deputy Building Official Qualifications shall be those qualifications as outlined in Chapter 468, Florida Statutes. (2) Section 108.1 is amended to read as follows: 108.1 Appointment. There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of five (5) members. The board shall be appointed by the city council. City of Cape Canaveral, Florida Ordinance No. 05-98 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY \\CAPE-NT\cape-nt\cityclerk\CityClk\Ordinances\GAS CODE - 1998 AMENDMENTS.doc ORDINANCE NO. 06-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE VIII, MECHANICAL CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE 1997 EDITION OF THE STANDARD MECHANICAL CODE WITH CERTAIN AMENDMENTS; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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. Chapter 82, Building and Building Regulations, Article VIII, Mechanical Code, is hereby amended by repealing Article VIII in its entirety and replacing same with the following: Sec. 82-196. Adopted. The Standard Mechanical Code, 1997 edition, published by the Southern Building Code Congress International, Inc., excluding all appendices, is adopted by reference as though it were copied in this article in full. Sec. 82-197. Amendments. The mechanical code adopted by reference in this article is amended as follows: (1) Sections 102.2.1, 102.2.2, 102.2.3, and 102.2.4 are amended to read as follows: 102.2.1 Building Official Qualifications, 102.2.2 Chief Inspector Qualifications, 102.2.3 Inspector Qualifications, and 102.2.4 Deputy Building Official Qualifications shall be those qualifications as outlined in Chapter 468, Florida Statutes. (2) Section 108.1 is amended to read as follows: 108.1 Appointment. There is hereby established a board to be called the Construction Board of Adjustment and Appeals, which shall consist of five (5) members. The board shall be appointed by the city council. City of Cape Canaveral, Florida Ordinance No. 06-98 Page 2 (3) Section 108.2 is amended to read as follows: 108.2 Membership and Terms. 108.2.1 Membership. Members of the Construction Board of Adjustment and Appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. A board member shall not act in a case in which he has a personal or financial interest. 108.2.2 Terms. The terms of office of the board members shall be two (2) years from the date of appointment. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 108.2.3 Quorum and Voting. A simple majority of the board shall constitute a quorum. 108.2.4 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. SECTION 2. CONFLICTING PROVISIONS. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 3. 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 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 06-98 Page 3 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY E:\citycIerk\CityCIk\Ordinances\MECHANICAL CODE - 1998 AMENDMENTS.doc Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Ordinances - 2nd Reading Item No. 11 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-98, AMENDING CHAPTER 82, ARTICLE ix, SOLAR ENERGY STANDARDS DEPT. /DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider approval of this ordinance. Summary Explanation & Background: This ordinance amends Code Section 82-223, Compliance with buildng code, referring to the appropriate section of the Standard Building Code. I recommend approval. Exhibits Attached: Ordinance No. 07-98 Existing Code City Manager' s Office Bennett C. Boucher Department BUILDING DEPARTMENT/PUBLIC SAFETY g:/admin/council/meeting/1998/03-03-98/82-223.doc ORDINANCE NO. 07-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE IX, SOLAR ENERGY STANDARDS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY AMENDING SECTION 82-223, COMPLIANCE WITH BUILDING CODE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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. Chapter 82, Article IX Solar Enerzv Standards is hereby amended by repealing Section 82-223 in its entirety and adopting the following in lieu thereof: Sec. 82-223. Compliance with Building Code. Solar energy equipment wind load design specifications must comply with Section 1606 of the Standard Building Code adopted in Section 82-31. SECTION 2. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 3. 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 4. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Joy Salamone E:\cityclerk\CityClk\Ordinances\SOLAR ENERGY STANDARDS.doc BUILDINGS AND BUILDING REGULATIONS board of adjustment and appeals, which shall consist of five members. The board shall be appointed by the city council. (5) Section 108.2 is amended to read as fol- lows: 108.2 Membership and Terms. 108.2.1 Membership. Members of the con- struction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contrac- tors or building industry representatives. A board member shall not act in a case in which he has a personal or financial inter- est. 108.2.2 Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 108.2.3 Quorum and Voting. A simple ma- jority of the board shall constitute a quo- rum. 108.2.4 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (Code 1981, § 614.02; Ord. No. 11-92, § 1(614.02), 8-18-92; Ord. No. 14-93, § 1(614.02), 6-15-93; Ord. No. 21-95, § 1, 8-15-95) Secs. 82-198-82-220. Reserved. ARTICLE IX. SOLAR. ENERGY STANDARDS* Sec. 82-221. Adopted. The standards promulgated by the state solar energy center, a copy of which is filed with the city *state law reference--Thermal effciency standards, F.S. $ 553.9-00 § 82-270 clerk and made a part of this article by reference, are adopted as governing solar energy equipment within the city. (Code 1981, § 618.01) Sec. 82-222. Permit fees. Permit fees for solar energy standards will be based on the fee table from the Standard bdechan- ical Code adopted in section 82-196 in the same categories and amounts. (Code 1981, § 618.03) Sec. 82-223 ompliance with building code. Solar energy equipment wind load design spec- ifications must comply with section 1205 of the Standard Building Code adopted in section 82-31. (Code 1981, § 618.04) Secs. 82-224-82-245. Reserved. ARTICLE X. SWIIVIl UNG POOL CODEt Sec. 82-246. Adopted. The Standard Swimming Pool Code, 1991 edi- tion, with 1993 and 1994 revisions, published by the Southern Building Code Congress Interna- tional, Inc., is adopted by reference as though it was copied in this article in full. (Code 1981, § 627.01; Ord. No. 18-93, § 1(627.01), 6-15-93; Ord. No. 22-95, § 1, 8-15-95) Sec. 82-247. Administrative authority or of- ficial. Whenever the term "administrative authority" or "official" is used in the swimming pool code adopted by reference in this article, it shall be construed to mean the building official of the city or his authorized representative. (Code 1981, § 627.02) Secs. 82-248--82-270. Reserved. tCross references—Requirements for fences, walls and hedges, § 110-470; swimming pool zoning and construction regulations, § 110-581 et seq. Supp. No. 2 CD82:17 BUILDINGS AND BUILDING REGULATIONS board of adjustment and appeals, which shall consist of five members. The board shall be appointed by the city council. (5) Section 108.2 is amended to read as fol- lows: 108.2 Membership and Terms. 108.2.1 Membership. Members of the con- struction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contrac- tors or building industry representatives. A board member shall not act in a case in which he has a personal or financial inter- est. 108.2.2 Terms. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 108.2.3 Quorum and Voting. A simple ma- jority of the board shall constitute a quo- rum. 108.2.4 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (Code 1981, § 614.02; Ord. No. 11-92, § 1(614.02), 8-18-92; Ord. No. 14-93, § 1(614.02), 6-15-93; Ord. No. 21-95, § 1, 8-15-95) Secs. 82-198-82-220. Reserved. ARTICLE IX. SOLAR, ENERGY STANDARDS* Sec. 82-221. Adopted. The standards promulgated by the state solar energy center, a copy of which is filed with the city *State law reference--Thermal efficiency standards, F.S. $ 533.900. $ 82-270 clerk and made a part of this article by reference, are adopted as governing solar energy equilbment within the city. (Code 1981, § 618.01) Sec. 82-222. Permit fees. Permit fees for solar energy standards will be based on the fee table from the Standard Mechan- ical Code adopted in section 82-196 in the same categories and amounts. (Code 1981, § 618.03) code. Sec. 82-223 Compliance with building code. Solar energy equipment wind load design spec- ifications must comply with section 1205 of the Standard Building Code adopted in section 82-31. (Code 1981, § 618.04) Secs. 82-224-82-245. Reserved. ARTICLE X. SWIMMING POOL CODEt Sec. 82-246. Adopted. The Standard Swimming Pool Code, 1991 edi- tion, with 1993 and 1994 revisions, published by the Southern Building Code Congress Interna- tional, Inc., is adopted by reference as though it was copied in this article in full. (Code 1981, § 627.01; Ord. No. 18-93, § 1(627.01), 6-15-93; Ord. No. 22-95, § 1, 8-15-95) Sec. 82.247. Administrative authority or of- ficial. Whenever the term "administrative authority" or "official" is used in the swimming pool code adopted by reference in this article, it shall be construed to mean the building official of the city or his authorized representative. (Code 1981, § 627.02) Secs. 82-248-82-270. Reserved. tCross references—Requirements for fences, walls and hedges, § 110-470; swimming Pool zoning and construction regulations, § 110-581 et seq. Supp. No. 2 CD82:17 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Ordinances — 2nd Reading Item No. 12 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 08-98, ADOPTING THE 1997 EDITION OF THE STANDARD SWB0IING POOL CODE DEPT. /DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider approval of this ordinance. Summary Explanation & Background: This ordinance amends Code Section 82-246 by adopting the latest edition of the Standard Swimming Pool Code. I recommend approval. Exhibits Attached: Ordinance No. 08-98 Existing Code City Manager's Office Bennett C. Boucher Department BUILDING DEPARTMENT/PUBLIC SAFETY g:/admin/council/meeting/ 1998/03-03-98/82-246.doc BUILDINGS AND BUILDING REGULATIONS tified through a recognized certification pro- gram for the appropriate trade. (4) Section 105.1 is amended to read as follows: 105.1 Appointment. There is hereby estab- lished a board to be called the construction board of adjustment and appeals, which shall consist of five members. The board shall be appointed by the city council. (5) Section 105.2 is amended to read as follows: 105.2 Membership and Terms. 105.2.1 Membership. Members of the con- struction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contrac- tors or building industry representatives. A board member shall not act in a case in which he has a personal or financial in- terest. 105.2.2 Terms.. The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 105.2.3 Quorum and Voting. A simple ma- jority of the board shall constitute a quorum. 105.2.4 Secretary of Board. The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceedings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (Code 1981, § 614.02; Ord. No. 11-92, § 1(614.02), 8-18-92; Ord. No. 14-93, § 1(614.02), 6-15-93) Secs. 82.198-82-220. Reserved. § 82-247 ARTICLE IX. SOLAR ENERGY STANDARDS* Sec. 82-221. Adopted. The standards promulgated by the state solar energy center, a copy of which is filed with the city clerk and made a part of this article by ref- erence, are adopted as governing solar energy equipment within the city. (Code 1981, § 618.01) Sec. 82.222. Permit fees. Permit fees for solar energy standards will be based on the fee table from the Standard Mechan- ical Code adopted in section 82-196 in the same categories and amounts. (Code 1981, § 618.03) Sec. 82.223. Compliance with building code Solar energy equipment wind load design spec- ifications must comply with section 1205 of the Standard Building Code adopted in section) 82-31. (Code 1981, § 618.04) Secs. 82.224-82-245. Reserved. ARTICLE X. SWIMMING POOL CODEt Sec. 82.246. Adopted. The Standard Swimming Pool Code, 1991 edi- tion, with 1992 and 1993 revisions, published by the Southern Building Code Congress Interna- tional, Inc., is adopted by reference as though it was copied in full in this article. (Code 1981, § 627.01; Ord. No. 18-93, § 1(627.01), 6-15-93) Sec. 82.247. Administrative authority or offi- cial. Whenever the term "administrative authority" or "official" is used in the swimming pool code *State law reference—Thermal efficiency standards, F.S. $ 553.900. tCross references—Requirements for fences, walls and hedges, § 110-470; swimming pool zoning and constrluction regulations, § 110.581 et seq. CD82:19 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Ordinances - 2nd Reading Item No. 13 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 09-98, ADOPTING THE 1997 EDITION OF THE STANDARD HOUSING CODE DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider approval of this ordinance. Summary Explanation & Background: This ordinance amends Code Section 82-271 by adopting the latest edition of the Standard Housing Code. I recommend approval. Exhibits Attached: Ordinance No. 09-98 Existing Code City Manager's Office Bennett C. Boucher Department BUILDING DEPARTMENT/PUBLIC SAFETY g:/admin/council/meeting/1998/03-03-98/82-271.doc 1— - ORDINANCE NO. 09-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE XI, HOUSING CODE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING THE LATEST VERSION OF THE STANDARD HOUSING CODE, 1997 EDITION; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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. Chapter 82, Article XI, Housing Code, is hereby amended by deletisig Section 82-271 in its entirety and adopting the following in lieu thereof: Sec. 82-271. Adopted. The Standard Housing Code, 1997 Edition, excluding all appendices, published by the Southern Building Code Congress International, Inc. is adopted by reference as though it were copied in this Article in full. SECTION 2. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 3. 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 4. This Ordinance shall take effect immediately upon its adoption. § 82-247 CAPE CANAVERAL CODE adopted by reference in this article, it shall be construed to mean the building official of the city or his authorized representative. (Code 1981, § 627.02) Secs. 82.248-82-270. Reserved. ARTICLE XI. HOUSING CODE* Sec. 82.271. Adopted. The Standard Housing Code, 1991 edition, with 1992 revisions, excluding the appendices, pub- lished by the Southern Building Code Congress International, Inc., is adopted by reference as though it were copied in full in this article. (Code 1981, § 619.01; Ord. No. 13-92, § 1, 8-18-92) Sec. 82.272. Administrative authority or offi- cial. Whenever the term "administrative authority" or "official" is used in the housing code adopted by reference in this article, it shall be construed to mean the building official of the city or his authorized representative. (Code 1981, § 619.03) Sec. 82-273. Amendments. The housing code adopted by reference in this article is amended as follows: Section 106.1 is amended to read as follows: 106.1 Appointment. 106. 1.1 There is hereby established a board to be called the construction board of ad- justment and appeals, which shall consist of five members. The board shall be ap- pointed by the city council. 106.1.2 Members of the construction board of adjustment and appeals should be com- posed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. A board member *Cross references-Life safety code adopted $ 38-28; re- quirements for fences, walls and hedges, $ 110-470. shall not act in a case in which he has a personal or financial interest. 106.1.3 The terms of office of the board members shall be two years from the date of appointment. Continued absence of any member from required meetings of the board shall, at the discretion of the city council, render any such member subject to immediate removal from office. 106.1.4 A simple majority of the board shall constitute a quorum. 106.1.5 The building official or designee shall act as secretary of the board and shall make a detailed record of all of its proceed- ings, which shall set forth the reasons for its decision, the vote of each member, the absence of a member and any failure of a member to vote. (Code 1981, § 619.02) Secs. 82-274-82-295. Reserved. ARTICLE XII. EXCAVATION AND GRADING CODEt Sec. 82-296. Adopted. The Standard Excavation and Grading Code, 1975 edition, published by the Southern Building Code Congress, International, Inc., is adopted by reference as though it were copied in full in this article. (Code 1981, § 625.01) Sec. 82-297. Administrative authority or offi- cial. Whenever the term "administrative authority" or "official" is used in the excavation and grading code adopted by reference in this article, it shall be construed to mean the building official of the city or his authorized representative. (Code 1981, § 625.02) Secs. 82-298--82-320. Reserved. tCross reference—Excavations, § 66-61 et seq. CD82:20 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Ordinances - 2nd Reading Item No. 14 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 10-98, AMENDING CHAPTER 82 ARTICLE XIII, THRESHOLD BUILDINGS DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: That the City Council consider approval of this ordinance. Summary Explanation & Background: This amendment adopts by reference, Florida Statutes, Chapter 553. I recommend approval. Exhibits Attached: Ordinance No. 10-98, Existing Code; F.S. 553 City Manager's Office Bennett C. Boucher Department BUILDING DEPARTMENT/P03LIC SAFETY g:/admin/council/meeting/1998/03-03-98//553.doc ORDINANCE NO. 10-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 82, ARTICLE XIII, THRESHOLD BUILDINGS, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY ADOPTING CHAPTER 553, FLORIDA STATUTES. BY REFERENCE AND DELETING SECTION 82- 322 THROUGH 83-346; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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. Chapter 82, Article XIII, Threshold Buildings, is hereby amended by deleting Section 82-321 in its entirety and adopting the following in lieu thereof: Sec. 82-321. State Law Adopted. All requirements relating to Threshold Buildings specified in Chapter 553, Florida Statutes, are adopted herein by reference as though copied in full in this Article. SECTION 2. Chapter 82, Article XIII, Threshold Buildings, is hereby amended by repealing Sections 82-322 through 82-346, inclusive, in their entirety. SECTION 3. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 4. 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 5. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. BUILDINGS AND BUILDING REGULATIONS § 82-327 ARTICLE XIII.THRESHOLD BUILDINGS* DIVISION 1. GENERALLY * Sec. 82-321. State law adopted. F.S. § 553.79(7), providing for special threshold building inspectors, is adopted by reference as though it were copied in full in this article. (Code 1981, § 623.01) Sec. 82-322. Definitions. For the purposes of this article, the following definitions are adopted in addition to the F.S. § 553.71 definitions: Special inspector means a person certified, li- censed or registered under F.S. ch. 471 as an en- gineer or F.S. ch. 481 as an architect. Every such person must have demonstrated and proven his capability to inspect structural components of threshold buildings. Structural components include the following: compaction of fill, footings, piling, pile caps, grade beams, floor slabs, bearing walls, columns, tie beams, lintels, reinforcing steel, shoring, reshor- ing, roof slabs, roof assembly, stair assembly, all structural elements depending upon one another for continuity or support, fire resistive structural components and any other spec requirements of F.S. §§ 166.222, 471.003, 471.005, 489.105, 489.119, 489.129, 553.71, 553.77 and 553.79. Threshold building means any building which is greater than three stories or 50 feet in height or which has -an assembly occupancy classification that exceeds 5,000 square feet in area and an oc- cupant content of greater than 500 persons. (Code 1981, § 623.03) Cross reference—Definitions and rules of construction gen- erally, § 1.2. State law reference—Definition of threshold building, F.S. § 553.71(7). Sec. 82-323. Article supplemental. This article is in addition to F.S. § 553.79(7) (Code 1981, § 623.03) *State law reference—Threshold buildings, F.S. § 553.79(7). Sec. 82-324. Approval of plans and specifica- tions. For a threshold building, only those plans and specifications carrying the building department's stamp shall be used for inspections. No changes or deviations from the permitted plans and specifi- cations will be permitted until the architect or engineer of record has cleared the plans and spec- ifications through the building department. (Code 1981, § 623.03(G)) Sec. 82-325. Structural inspection plan. The structural inspection plan for a threshold building, prepared by the engineer or architect of record, must be approved by the building Official and must contain at least the following require- ments: (1) Spot checks, shall be made at least daily, of all structural operations and all operations relating to the structural integrity of the building. (2) Inspection of all materials and procedures to be used during any structural operation shall be done when that operation is com- mencing. (3) Inspection of any and all structural compo- nents shall be done before they are covered up. (Code 1981, § 623.03(E)) Sec. 82.326. Shoring and reshoring plans. The shoring and reshoring plans for a threshold building must be approved and sealed by the en- gineer of record and submitted to the building official prior to the issuance of the building permit. (Code 1981, § 623.03(F)) Sec. 82-327. Dual inspection. The contractor for a threshold building shall schedule a dual inspection with both the special inspector and the building official of all structural components of the threshold building prior to cover up or pouring of concrete, etc. (Code 1981, § 623.03(K)) CD82:21 § 82-328 CAPE CANAVERAL CODE Sec. 82.328. Notice of noncompliance; meeting on stop work order. (a) The special inspector shall notify the building department immediately when noncom- pliance is discovered and noted for a threshold building. (b) The city agrees to convene a meeting with all interested parties whenever a stop work order is issued. The meeting shall be at a reasonable hour, within 24 hours of the stop work order is- suance. (Code 1981, § 623.03(L), (M)) Secs. 82.329-82-340. Reserved. DIVISION 2. SPECIAL INSPECTOR Sec. 82.341. Retention by owner. The special inspector shall be retained by the owner of the threshold building and shall be ap- proved by all parties prior to the construction of any structural components. (Code 1981, § 623.03(A)) Sec. 82.342. Qualifications of representative. Any person, other than the state certified spe- cial inspector, who is sent to the job site of a threshold building as a duly authorized represen- tative of the special inspector to perform inspec- tions must meet the requirements of the Standard Building Code adopted in section 82-31, section 102.2, and be approved by the building official. (Code 1981, § 623.03(B)) Sec. 82.343. Insurance or bond. (a) Pursuant to this article, the special inspector shall maintain a professional liability insurance policy in the amount of not less than $500,000.00 per incident and $1,000,000.00 aggregate. The spe- cial inspector shall provide a copy of his certifi- cate of insurance and specific policies involved to the building official prior to commencing perfor- mance of his duties and responsibilities. The in- surance policy shall provide that the city shall be entitled to 15 days prior written notice of any changes or cancellation of the policy. The policy shall remain in effect for three years from the completion date of the last project on which the inspector performed services. (b) In lieu of insurance coverage, a surety bond for $1,000,000.00 may be posted by and for the special inspector. (Code 1981, § 623.03(D)) Sec. 82.344. Cooperation with building de- partment. The special inspector of a threshold building shall cooperate fully with the building depart- ment and its authorized agents in the execution of the department's duties and responsibilities. (Code 1981, § 623.03(N)) Sec. 82.345. Presence at job. The special inspector shall be on the job at all times structural components are being constructed or placed for a threshold building. All elements of structural installation must be observed and ap- proved by the special inspector. (Code 1981, § 623.03(C)) Sec. 82-346. Daily reports. (a) The special inspector shall submit daily in- spection or progress reports in writing to the city for all time related to structural inspections on the job site of a threshold building. (b) The city will accept any daily report from the special inspector when the report provides the following information: (1) Report on company letterhead. (2) The date and time of inspection. (3) Job name and complete address. (4) Detailed report noting any and all changes and corrections. (5) The inspector's approval. (6) The signature of the inspector under his printed name. (c) The city will maintain a copy of the daily reports as submitted by the special inspector. These records will be sworn evidence of the in- CD82:22 Ch. 553 BUILDING CONSTRUCTION STANDARDS F.S. 1997 ance, condition of facilities, condition of systems I and components, living conditions, occupancy, use, and room sizes. (5) "Local enforcement agency" means the agency of local government with authority to make inspections of buildings and to enforce the codes which establish standards for construction, alteration, repair, or demolition of buildings. (6) "Secretary" means the Secretary of Community Affairs. (7) "Threshold building" means any building which is greater than three stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons. (8) "Load management control device" means any device installed by any electric utility or its contractors which temporarily interrupts electric service to major appliances, motors, or other electrical systems con- tained within the buildings or on the premises of con- sumers for the purpose of reducing the utility's system demand as needed in order to prevent curtailment of electric service in whole or in part to consumers and thereby maintain the quality of service to consumers, provided the device is in compliance with a program approved by the Florida Public Service Commission. History. -s. 2, ch. 74=167; s. 1, ch. 75-111; s. 1, ch. 77-365; s. 4, ch. 78323; ss. 3, 4, ch. 81.7; s. 77, ch. 81-167; ss. 1, 4, ch. 82-46; s. 80, ch. 83-55; s. 8, ch. 83-160; s. 2, ch. 83-265; s. 1, ch. 84-24: S. 1, ch. 84-365: ss. 5, 6, ch. 91-172: s. 5, ch. 91.429; s. 3, ch. 93-249. 553.72 Intent. -The purpose and intent of this act is provide a mechanism for the promulgation, adoption, and enforcement of state minimum building codes which contain standards flexible enough to cover all phases of construction and which will allow reasonable protection for public safety, health, and general welfare for all the people of Florida at the most reasonable cost to the consumer. History. -s. 3, ch. 74-167. 553.721 Surcharge. -In order for the Department of Community Affairs to administer and carry out the purposes of this part and related activities, there is hereby created a surcharge, to be assessed at the rate of one-half cent per square foot under -roof floor space permitted pursuant to s. 125.56(4) or s. 166.201. How- ever, for additions, alterations, or renovations to exist- ing buildings, the surcharge shall be computed on the basis of the square footage being added, altered, or renovated. The unit of government responsible for col- lecting a permit fee pursuant to s. 125.56(4) or s. 166.201 shall collect such surcharge and remit the funds collected to the department on a quarterly calen- dar basis beginning not later than October 31, 1995, for the preceding quarter, July 1, 1995, through Septem- ber 30, 1995, and continuing each third month thereaf- ter; and such unit of government may retain an amount up to 5 percent of the surcharge collected to cover costs associated with the collection and remittance of such surcharge. All funds remitted to the department pursuant to this subsection shall be deposited in the Operating Trust Fund. Prior to the remittance to the department on October 31, 1995, funds shall continue to be remitted to the 'Department of Health and Reha- bilitative Services as provided under s. 404.056(3) for the final quarter of state fiscal year 1994-1995. Funds collected from such surcharge shall not be used to fund research on techniques for mitigation of radon in exist- ing buildings. Funds used by the department as well as funds to be transferred to the 'department of Health and Rehabilitative Services shall be as prescribed in the annual General Appropriatons Act. History.--s. 1, ch. 88-285; s. 4, ch. 91-429; s. 28, ch. 92-173; s. 19, ch. 93-120; s. 33, ch. 93-166; s. 2, ch. 94-284; s. 1, ch. 95-339. 1Note.--The Department of Health and Rehabiliative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403. Note.--Former s. 404.056(3). 553.73 State Minimum Building Codes. - (1)(a) By October 1, 1984, local governments and state agencies with building construction regulation responsibilities shall adopt a building code which Shap cover all types of construction. Such code shall include the provisions of parts I-V, VII, and VIII, relating to plumbing, electrical requirements, glass, manufactured buildings, accessibility by handicapped persons, and thermal efficiency, and shall be in addition to the requirements set forth in chapter 527, which pertains to liquefied petroleum gas. (b) In the event that a special act of the Legislature, passed prior or subsequent to January 1, 1978, places responsibility for building construction regulation in a specified local board or agency, the words "local gov- ernment" and "local governing body" as used in this part shall be construed to refer exclusively to such local board or agency. (2) There is created the State Minimum Building Codes which shall consist of the following nationapy recognized model codes: (a) Standard Building Codes, 1988 edition, pertain- ing to building, plumbing; mechanical, and gas, and excluding fire prevention; (b) EPCOT Code, 1982 edition; (c) One and Two Family Dwelling Code, 1986 edi- tion; and (d) The South Florida Building Code, 1988 edition. Each local government and state agency with buildup construction regulation responsibilities shall adopt one of the State Minimum Building Codes as its buildup code, which shall govern the construction, erectim alteration, repair, or demolition of any building for which the local government or state agency has building COW struction regulation responsibility. If the One and Two Family Dwelling Code is adopted for residential con- struction, then one of the other recognized model codes must be adopted for the regulation of other resin dential and nonresidential structures. Provisions to De ,. contained within any State Minimum Building Code alb restricted to requirements related to the types of mated' als used and construction methods and standards employed in order to meet minimum building cow Provisions relating to the personnel, supervlsion a training of personnel, or any other professional qua cation requirements relating to contractors or then workforce may not be included within a State Min'uuP Building Code, and subsection (4) is not to be 1710 ORDINANCE NO. 02-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 78, ARTICLE IV, RECLAIMED WATER, BY AMENDING SECTION 78-176, DEFINITIONS, AND SECTION 78-177, CONNECTION TO THE SYSTEM AND ADDING SECTION 78-181, RIGHT TO REFUSE SERVICE, OF THE CODE OF CAPE CANAVERAL, FLORIDA, 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 78-176, Definitions, is hereby amended by the addition of the following definitions: Hose Bib — means a special connection installed and provided by the city at certain points of delivery of reclaimed water that will enable the customer to attach a hose to use reclaimed water for non -potable water purposes. Service Line — shall mean that conduit to convey reclaimed water from the distribution main to the applicant's property line. SECTION 2. Section 78-177, Connection to the System, is hereby deleted in its entirety, and the following is adopted in lieu thereof. (a) Reclaimed water service may be provided for properties located within the city service area which comply with the provisions for such as set forth in this article and the Land Development Code. Reclaimed water may be available to properties within the service area as the distribution system is extended. All applications for service shall be reviewed by the City Manager and the Public City of Cape Canaveral, Florida Ordinance No. 02-98 Page 2 Works Director, who shall approve such service only if an adequate supply of reclaimed water is and will be available to meet all the anticipated needs. The City Manager and Public Works director shall review and technically approve all service line sizes and all other necessary design components. (b) The existence of a reclaimed water main adjacent to or near the premises of an applicant for the service does not necessarily mean that the service is available to that location. The city may install a reclaimed water service line upon request by an applicant and payment of any/all appropriate fees by the applicant. SECTION 3. Section 78-181 — Rizht to Refuse Service, is hereby adopted as follows: No payment of fees, submittal of an application, or other act to receive reclaimed water service shall guarantee such service. The city shall have the right, at all times, to refuse to extend service on the basis of a use detriment to the system, inadequate supply of reclaimed water, lack of payment of required fees, or for any other reason which, in the judgement of the city manager, will cause the extension not to be of benefit to the city. SECTION 4. SEVERABILITY. if any section, paragraph, phrase, or word of this Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance without such unconstitutional or invalid part. SECTION 5. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of an ordinance or resolution, in conflict herewith re repealed. City of Cape Canaveral, Florida Ordinance No. 02-98 Page 3 SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS JOY SALAMONE Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY First Reading: Posted: Published: Second Reading: \\CAPE-N'Reityclerk\CityClk\Ordinances\Reclaimed Water Available.doc § 78-176 ADD: & USE B & B SERVICE CAPE CANAVERAL CODE Customer shall mean any person receiving ser- vice or making application for service. FDEP shall refer to the state department of environmental protection. Reclaimed water shall mean highly treated effluent from the city's wastewater treatment plant not for human consumption, supplied through the reclaimed water transmission and distribu- tion system which meets or exceeds requirements for public access as set for by FDEP or its succes- sor in function. Reclaimed water system shall mean those re- claimed water storage tank, pumps, transmission mains, distribution mains, valves and appurte- nances installed in public rights-of-way or utility easements, and are used to distribute reclaimed water. (Ord. No. 8-95, § 1, 5-2-95) Sec. 78-177. Connection to the system. (a)- Wien available, the owner of every lot or parcel of land within the City Reuse Service Area developed for public, commercial, office, indus- trial, warehousing and/or residential use(s) may, following payment of any appropriate fees, connect or cause to be connected with the re- claimed water system. (b) All connections shall be made in accordance with policies and regulations adopted by the coun- cil. This provision shall not be construed to entitle any person to cross the property of another to make such connections. (c) For purposed of this article, the term "avail- able" shall mean contiguous to or within 100 feet of any property line. (Ord. No. 8-95, $ 1, 5-2-95} Sec. 78-178. Reclaimed water uses. (a) Reclaimed water distributed by the city within the City Reuse Service Area is intended solely for the irrigation of plants. (b) In the event commercial establishments propose to use reclaimed water for purposes other than plant irrigation, any proposed use(s) shall be evaluated by the city manager or his/her designee and approved or disapproved based on this eval- uation. In no case will the city approve any use that may conflict with policies and regulations of the state or the U.S. Environmental Protection Agency. (Ord. No. 8-95, § 1, 5-2-95) Sec. 78-179. Reserved. Sec. 78-180. Irrigation usage rates. Rates for irrigation water service shall be pro- mulgated, collected and enforced as a component of the city rate resolution. (Ord. No. 8-95, § 1, 5-2-95) Sec. 78-181--78-190. Reserved. DIVISION 2. INSTALLATION AND INSPECTION OF THE RECLAIMED WATER SYSTEM Sec. 78-191. Policies and regulations adopted; compliance required. The city adopts by reference the "Cape Canaveral Reclaimed Water System Policies and Regula- tions Manual" dated February 1995. Compliance with the policies and regulations is hereby re- quired. (Ord. No. 8-95, § 1, 5-2-95) Sec. 78-192. Inspections. (a) Duly authorized employees of the city bear- ing proper identification shall be permitted to enter any building, structure or property served by a connection to the reclaimed water system of the city for the purpose of inspecting the piping system or systems, backflow preventer, valves and/or all other devices installed by the customer which connect to or control the reclaimed water system or use of reclaimed water on such prop- erty. (b) Consent to such access shall be obtained from a person of suitable age and discretion therein or in control thereof. The refusal of access; when requested, shall be considered evidence of the presence of violation of the policies and regu- lations adopted herein. Supp. No. 2 CD78:26 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Ordinances — 1st Reading Item No. 16 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 13-98, AMENDING SECTION 102-36, DEFINITION FOR DIAMETER AT BREAST HEIGHT DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of the ordinance amendment at first reading. Summary Explanation & Background: P&Z Board recommended this amendment at their 02-11-98 meeting changing the term "development grade" to "finish grade". Please advise. Exhibits Attached: Ordinance No. 13-98; P&Z Minutes; Existing Code City Manager's Office Bennett C.Boucher Department P&Z/GROWTH MGMT g:/admin/counciil/meeting/1998/03-03-98/13-98.doc ORDINANCE NO. 13-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION 102-36 DEFINITIONS, BY AMENDING THE DEFINITION FOR DIAMETER AT BREAST HEIGHT (DBH); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, as follows: SECTION 1. Section 102-36, Definitions, is hereby amended by deleting the definition "Diameter at Breast Height (dbh)" and adopting the following in lieu thereof: Diameter at Breast Height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multi -stemmed tree, measured 4 1/2 feet above natural or finish grade. 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 parts of an ordinance, in conflict herewith is repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral Ordinance No. 13-98 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of . 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY E:\cityclerk\CityClk\Otdinance\DIAMETER AT BREAST HEIGHT TREE DEFINITION.doc First Reading: Posted: Published: Second Reading: \\CAPE-NT\cape-nt\cityclerk\CityClk\Ordinance\DIAMETER AT BREAST HEIGHT TREE DEFINITION.doc Planning & Zoning Board Meeting Minutes February 11, 1998 Page 3 3. Discussion and Motion to Recommend Approval to Amend Section 102- 36, Definitions, by Amending the Definition for Diameter at Breast Height (DBH). The Board members reviewed the proposed amendment. Mr. Moran briefly explained different types of grades. Vice Chairperson Russell voiced his opinion that the Board members needed to understand the various definitions of "grades". Chairperson McNeely requested that the Board Secretary include a discussion item on the next meeting agenda for staff to explain the different types of "grades" to the Board. Motion by Mr. Russell, seconded by Mr. Nicholas to recommend approval to amend the definition for diameter at breast height. Vote on the motion carried unanimously. 4. Discussion and Motion to Recommend Approval to Amend Chapter 34, Section 34-97, Duties and Responsibilities for Maintenance, by Amending the Requirements for the Screening and Fencing of Dumpster Areas. Mr. Moran advised that City Council had requested that staff prepare a proposed ordinance that would provide dumpster screening for all four sides of the dumpster. He explained that USA Waste had provided specifications which would retrofit existing dumpster locations and the proposed ordinance was tailored around the specifications provided by USA Waste. Discussion was held regarding cost for USA Waste to have their driver close the gate after emptying the dumpster. Mr. Nicholas advised that the VFW was quoted a price of $3.00 from USA Waste each time their driver closed the dumpster gate. Mayor Randels advised that USA Waste was now considering not charging customers for this added service. Mr. Russell noted that their was no mention in the proposed ordinance that closing the gate would be the responsibility of USA Waste. After brief discussion, the Board directed staff to recommend that City Council move forward with the ordinance amendment. Mr. Nicholas left the meeting at this time. VEGETATION $ 102.36 ARTICLE I. IN GENERAL Secs. 102-1-102-25. Reserved. ARTICLE H. TREE PROTECTION* DIVISION 1. GENERALLY Secs. 102-26-102-35. Reserved. DIVISION 2. LAND CLEARINGt Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Active development order means an action by the city approving a site development plan, final development plan or subdivision plat or the issu- ance of a building permit or the approval of a conditional use permit for a borrow pit, commer- cial borrow pit or manmade lake. After -the -fact permit means a permit issued af- ter a violation has occurred for the primary pur- pose of correcting the violation or for bringing the violator into compliance with this division. Agricultural purpose means the bona fide com- mercial or domestic, agricultural use of a site, par- cel or lot which has been classified as green belt, pursuant to F.S. ch. 194, or the use of a site, parcel or lot for forestry, groves, pasture, nurseries, field crops, commercial sod production or combinations of such activities or any other agricultural pur- suits within the applicable land use classifica- tions or property located within the productive agriculture land use classification (PA). Barricade means protection for vegetation to be preserved which is erected at the dripline and clearly visible to heavy equipment operators. *Cross reference—Preservation of trees in all zoning dis- tricts, § 110-568. tCross reference—Solid waste. ch. 62. Diameter at breast height (dbh) means the di- ameter of the trunk of a tree or the sum of the stems of a multistemmed tree, measured 4 1/2 feet above natural or development (FINISH) grade. Dripline means an imaginary vertical plumb line that extends downward from the tips of the out- ermost tree branches and intersects the ground. Land clearing means the removal of vegetation from any site, parcel or lot; provided, however, it does not include mowing, trimming or pruning, so as to maintain vegetation in a healthy, viable con- dition. Mangrove means any specimen of the species Avicennia germinans (black mangrove), Laguncu- laria racemosa (white mangrove) or Rhizophora mangle (red mangrove). Native vegetation means plant material indige- nous to the city, including all those species listed in but not limited to those in section 102-44. Natural cover means trees, brush, roots and oth- er byproducts of land clearing activity. Recognized knowledgeable person means a per- son recognized by the city as being knowledgeable in the identification and evaluation of vegetative resources, such as a forester, biologist, ecologist, horticulturalist, landscape architect, licensed land- scape contractor, certified nursery- man or person having similar recognizable skills and experience. Tree means a woody or fibrous perennial plant with one or more upright limbs with a minimum dbh of three inches, or a sum of dbh of three inch- es for multistemmed trees and an average mature height of at least ten feet. Tree removal includes any act which physically removes the tree or its root system from the earth or causes a tree to die or changes the natural grade above or below the root system or around the trunk without special protective measures. Understory means an underlying layer of low native vegetation usually associated with trees. Undesirable species means any of the species identified in section 102-45. Supp. No. 1 CD102:3 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Ordinances - 1st Reading ltem No. 17 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-98, AMENDING SECTION 110-567(b), RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council consider approval of this ordinance amendment at first reading. Summary Explanation & Background: P&Z Board recommended approval of an amendment at their 02-11-98 meeting that would increase the required DBH size of a tree to be planted for new development from 2" DBH to 3" DBH for large 10 point trees and small trees from 1" DBH to 2"-3" DBH. Non-native palm trees were removed from this section. Please advise. Exhibits Attached: Ordinance No. 14-98; P&Z Minutes; Existing Code City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MGMT g:/admin/counciil/meeting/1998/03-03-98/14-98.doc ORDINANCE NO. 14-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; 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. Paragraph (b) of Section 110-567, Interior Landscaping for Offstreet Parking Areas, is hereby amended by deleting paragraph (b) in its entirety and adopting the following in lieu thereof: (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Trees 10 Large and medium species, ten feet tall with greater than three inch diameter (dbh) and two -foot spread. 5 Small species, six feet tall with two to three inch diameter (dbh) minimum and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this Ordinance is held o be unconstitutional or invalid, such portion 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 PROVISION. Any Ordinance or parts of an Ordinance, in conflict herewith is repealed. City of Cape Canaveral, Florida Ordinance No. 14-98 Page 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS ROCKY RANDELS JOY SALAMONE Sandra O. Sims, APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY Posted: Publish: First Reading: Second Reading: G:\CityClk\Ordinances\Tree Point Values.doc 2-25-1998 12: 12PM FROM AMARI THERIAC. P. A.. 4076396690 P.2 ORDINANCE NO. A-98 AN ORDINANCE OF THE CITY OF CAPE CANA'V'ERAL, BREVARD . COUINTY, FLORIDA, AMENDING CHAPTER 110, SECTION 110-567(b), BY AMENDING THE RELATIVE TREE POINT VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILM; PROVIDING FOR REPEAL OF CONFLICTING ORDINNANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAIMD BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, as follows: SECTION 1. Paragraph (b) of Section 110-567, Interior Landscaping for Offstreet Parking Areas, is hereby amended by deleting paragraph (b) in its entirety and adopting the following in lieu thereof: (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with greater than three inch diameter (dbh) and two -foot spread. 5 Small species, six feet tall with two to three inch diameter (dbh) minium and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). SECTION 2. SEVERABILITY, It 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 OVISYONS. Any ordinance, or parts of an ordinance, in conflict herewith is repealed. 2-25-1998 12: 13PM FROM AMARI 7HERIAC, P. A. , 4076396690 P.3 City of Cape Canaveral, Florida Ordinance No. -98 Page 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK Approved as to Form: Kohn Bennett, CITY ATTORNEY 2-25-1998 12 : 12PM FROM AMARI THERIAC. P. A. , 4076395890 P.2 ORDINANCE NO. -98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 114, SECTION 118-567(b), BY AMENDING THE RELATIVE TREE POW VALUES FOR LANDSCAPING PURPOSES; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF CAPE CANAVERAL FLORIDA, as follows: SECTION 1. Paragraph (b) of Section 110-567, Interior Landscaping for Offstreet Parking Areas, is hereby amended by deleting paragraph (b) in its entirety and adopting the following in lieu thereof: (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with greater than three inch diameter (dbh) and two -foot spread, 5 Small species, six feet tall with two to three inch diameter (dbh) minium and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). 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 parts of an ordinance, in conflict herewith is repealed. 2-25-1996 12:13PM FROM AMARI THERIAC P.A.. 4076396690 P.3 City of Cape Canaveral, Florida Ordinance No. -98 Page 2 SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect .immediately upon its adoption. ADOP'T'ED BY the City Council of the City of Cape Canaveral, Florida, this day of , 1998. Rocky Randels, MAYOR ATTEST: Sandra O. Sims, CITY CLERK Approved as to Form: Kohn Bennett, CITY ATTORNEY Planning & Zoning Board Meeting Minutes February 11, 1998 Page 2 He advised that the proposed structure placement was not visible from adjoining roadways and therefore, would not require approval from the Community Appearance Board. He noted that city staff and the city engineering firm recommended approval of the site plan. Ms. Lisa Lombardi, P.E., project engineer, advised that the proposed canopy was not shown on the original approved site plan. She further advised that the canopy would be constructed over existing paved area and therefore, no permit would be required from the St. Johns River Water Management District. Brief discussion was held regarding the jamount charged by the city engineering firm to review the submitted site plan. Motion by Mr. Russell, seconded by Ms. McNeely to approve the site plan for a canopy addition to Marshall Manufacturing as presented. Vote on the motion carried unanimously. 2. Discussion and Motion to Recommend Approval to Amend Chapter 110, Section 110-567 (b), Relative Tree Point Values for Landscaping Purposes. Mr. Moran advised that City Council had requested staff to visit existing tree size diameter at breast height (dbh) requirements that appeared to be less than desirable. Staff was instructed to increase required tree size without changing any other code requirements. During this research, staff noted a discrepancy in the definition of (dbh) relating to "development grade". It was not defined elsewhere in the code whereas the term "finish grade" appeared. Therefore, staff recommended changing the term to "finish grade" to alleviate any conflicts. Discussion was held regarding different kinds of palm trees, both native and nonnative. After discussion, the Board decided to recommend deleting (5) points for nonnative palms from the proposed ordinance. The Board members were of the opinion that points should not be awarded for nonnative species. Motion by Mr. Nicholas, seconded by Mr. Fredrickson to recommend approval of the proposed ordinance amending tree point values for landscaping with the deletion of (5) points for nonnative palms. Vote on the motion carried unanimously. § 110-567 CAPE CANAVERAL CODE (4) Parking areas in the C-1 and b1-1 districts and parking areas in the R-3 districts that contain 16 or more parking spaces shall be planted to a width of at least two feet of the entire perimeter facing the public right-of- way, except for ingress and egress and side- walks. The perimeter shall be planted with decorative shrubs and bushes three feet in height to form a visual screen with a den- sity of 80 percent within two years of plant- ing. Perimeters facing such public right-of- way shall, in addition, have five tree value points planted every 35 feet with at least ten tree values on a minimum 50 -foot C-1 lot and 15 tree values on the minimum 75 - foot R-3 lot. (5) No trees shall be planted that will obstruct visibility at intersections or points of in- gress and egress to streets. See section 110- 469. The perimeter footage defined in sec- tion 110-469 and ingress and egress shall not be used to calculate landscaping of pe- rimeters. (6) Existing trees in proposed internal parking areas as listed under subsection (b) of this section shall not be removed if over three inches diameter at breast height (dbh) with- out a permit from the building official. Ev- ery effort shall be made to build, pave or otherwise construct around existing trees of value. (7) Each landscaped area, both within the in- terior parking area and around the perim- eter, shall be served by a functioning un- derground sprinkler system adequate to maintain all landscaping. (8) All landscaping specified in this subsection shall be properly maintained and replaced if for any reason it does not survive. (9) The value of the landscaping for the inter- nal parking areas and their perimeter, as well as all additional external landscaping for other areas on the site, will not be less than one percent of the total cost of the project, including land acquisition, or three percent of the project, excluding land ac- quisition, whichever is greater. (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall wit two inch diame- ter (dbh) minimum and two -foot spread. 5 Small species, six feet tall with one-inch diameter (dbh) mini- mum-and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). (c) Only trees listed in section 102-44 having the cold tolerance designation (+) shall be consid- ered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones. Further, if the plant- ing is in an area subjected to salt air, the B (bar- rier island) designation shall be present, which meets the state requirement to tolerate xeric con- ditions. Otherwise, documentation must be pre- sented as provided in section 110-566(d). (Code 1981, § 641.44; Ord. No. 1-92, § 2, 1-21-92; Ord. No. 28-94, § 1, 7-19-94) Sec. 110-568. Preservation rf trees in all dis- tricts. During the development of any project, all trees of four inches in diameter or larger shall be pre- served or replaced unless they exist within: (1) A proposed public or private easement. (2) A proposed structure dimension. (3) Aproposed driveway or designated parking area in the R-1 or R-2 districts. See sections 110-566 and 110-567. (4) Ten feet of a proposed structure. (Code 1981, § 641.59) Cross reference—Preservation of trees. § 102-26 et seq. Secs. 110-569-110-580. Reserved. Supp. No. 1 CD110:70 City of Cape Canaveral STAFF REPORT February 25, 1998 TO: Bennett Boucher, City Manager Mayor & City Council Members FROM: G. J. Moran, Building Official Subject: Proposed Amendments To Chapter 102-36, Definitions and Chapter 110-567(b) Tree Point Values. As requested by City Council, through the City Manager, staff researched present Ordinances relating to landscaping requirements, prepared appropriate amendments that were presented to the Planning & Zoning Board for recommendations in the meeting held on February 11, 1998. The Planning & Zoning Board recommended approval of the proposed amendments with the deletion of the five (5) point value for Nonnative palms, minimum height three feet (overall) in the amendment to Paragraph (b) of Section 110-567. Staff recommends approval of the above referenced amendments. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX 1407) 799-3170 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Discussion Item No. 18 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: JOINT MEETING WITH THE CANAVERAL PORT AUTHORITY DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council consider/explore agenda items for a joint meeting with the Canaveral Port Authority. Summary Explanation & Background: Some suggestions: • Time and place • Future of financing sand projects • Closing out the sewage franchise agreement • Reclaimed water agreement • The development of jetty park • George King Blvd. relocation; will northern property owners have access • SRA1A interchange project Please advise. Exhibits Attached: N/A City Manager's Office Bennett C. Boucher Department LEGISLATIVE g:/admin/council.meeting/1998/03-03-98/cpa .doc City of Cape Canaveral Discussion Item No. 19 MEMORANDUM DATE: FEBRUARY 26, 1998 TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: BENNETT C. BOUCHER CITY MANAGER SUJBJECT: DUMPSTER SCREEN SPECIFICATIONS USA Waste has provided information on the number of dumpsters in the city and the additional service charge for opening and closing a dumpster gate (see attached USA Waste letter). If you review the existing code section 34-97(b)(2), it does not specifically state that screening is required on (3) sides. It has been a staff interpretation over the years and, thus, the ordinance should have specific language outlining requirements we decide upon. If front gates are to be required, should this standard apply to all dumpsters or only those that can be seen from the public right-of-way? In addition to the cost of the pick-up, there would be the cost of installing a gate and future maintenance by a property owner. Would this apply retroactively? I believe we can brainstorm a solution that is suitable to the residents and the city. BCB:kmm Attachment cc: Building Official 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE 1407) 868-1200 0 FAX (407) 799-3170 FEB -25-98 WED 02:35 PM USA WASTE SERVICES COCOA FAX N0. 4076323078 P. 01 USA WASTE OF FLORIDA 3303 Lake Drive P.O. Box 3803 Cocoa, FL. 32922-3803 (407) 636-8132 (407) 632-3078 Fax Date: February 25, 1998 Bennett Boucher City of Cape Canaveral. 105 Polk Ave Cape Canaveral., F1. 32920 Re: Dumpster Enclosures Dear Bennett: Regarding the request by your office concerning the statics and data concerning dumpster enclosures please review the following: Number of commercial customers in Cape Canaveral: 182 Number of dumpsters in Cape Canaveral: 258 Number of customers that don't have enclosures: 47 Customers that will need rebuilt enclosures: 15 Balance of customers have adequate enclosures or containers are not visible from the road. The size of the enclosures depends on the size of the dumpster. The size of the enclosure for customers with 2,3 or 4 cubic yard containers is 12' wide, 8'deep and 6' in height. Customers with 6 or 8 cubic yard containers should adhere to the width and height but depth should be extended from 8' to 10'. It is understood that if gates are to be a part of the enclosure, and USA Waste Services is required to open and close the dates, the additional workload would be compensated at $2.25 per pick up USA Waste Services in cooperation with, and for the beautification of the City of Cape Canaveral, would explore working with our customers amortizing any financial impact they would incur, The maximum pay back period would be 12 months. Loans to customers would be for the walls, gates and hardware of the enclosure. Any preparation of the ground would be the responsibility of the customer. Cost of each enclosure is a variable, depending on the extent of work required to meet city code. If you have any further questions regarding this issue, please contact me. Sincerely, Richard Dingess Customer Service Manager A subsidiary of USA Wasto Sarvioes. Inc. 02/25/98 15:40 TX/RX N0.3569 P.001 Exhibit 1 Sec. 34-97, (b)(2) "APPENDIX A" ANGLE OF PAD WITH DRIVING LANE SHALL ALLDW FOR A STRAIGHT—LINE MANEUVERING DISTANCE OF 55 FT. 2 LANES EXPANSION JIONT *INSIDE DIMENSION OF ENCLOSURE COLLECTION VEHICLE CONFIGURATION DUMPSTER PAD A wholly owned subsidairy of USA Waste Services Inc. ENVIRONMENT $ 34-98 (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, drive- ways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. (e) Exterior property of buildings under con- struction shall be maintained during the period of construction as free of debris, rubbish or litter as possible so as not to constitute a blighting effect on the neighborhood. (Code 1981, § 652.11) Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple - family dwelling, commercial or industrial prop- erty, his appointed agent and the occupant, oper- ator, tenant or anyone otherwise using the property in any form or manner shall maintain the prem- ises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoper- ative machinery. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. (3) Holes, excavations, breaks, projections, obstructions. All such holes and excava- tions shall be filled and repaired and walks and steps replaced and other con- ditions removed where necessary to elim- inate hazards or unsanitary conditions with reasonable dispatch upon their dis- covery. (4) Excretions of pets on paths, walks, drive- ways, parking lots, parking areas and other parts of the premises which are accessible to and used by persons on the premises. (5) Excessive accumulation of stormwater. (6) Source of infestation. (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. (b) The owner of every single-family or multiple - family dwelling, commercial or industrial prop- erty, his appointed agent and occupants, opera- tors, tenants or anyone otherwise using the property in any form or manner shall provide: (1) Adequate placement of trash cans and dumpsters in strict observance of applica- ble sections of this Code and guidelines for garbage and trash collection service. (2) Screening of service yards and dumpster areas by use of walls, fencing, planting or a combination of these. Screening shall be equally effective in winter and summer. (3) Parking areas in good repair, free from erosion, properly marked and clear of litter and debris. (Code 1981, § 652.13) Cross references—Supplementary zoning district regu- lations, § 110-466 et seq.; visibility requirements at intersec- tions, § 110-469; requirements for fences, walls and hedges, § 110-470. Sec. 34-98. Building ,appearance and main- tenance. The following criteria, unless specifically lim- ited, shall apply to all improvements within the city: (1) Reserved. (2) Materials shall have good architectural character and shall be selected for suit- ability to the type of buildings and the design in which they are used. Materials shall be of durable quality and appropri- ate to the climatic conditions of Florida. (3) Mechanical equipment, including air con- ditioners or other utility hardware, on the roof, ground or buildings shall be screened Supp. No. 4 CD34:9 Meeting Type: Regular Meeting Date: 03-03-98 AGENDA Heading Discussion Item No. 20 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: AMENDING CHAPTER 94, SIGNS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: That the City Council review and comment on the proposed amendments and any additional amendments to be considered. Summary Explanation & Background: The P&Z Board recommended approval of these amendments at their 01-28-98 meeting. The city clerk was unable to secure a meeting date to conduct a workshop discussion for this item. Please check your calendars and advise. Thank you. Exhibits Attached: Proposed ordinance; Existing code City Manager's Office Bennett C. Boucher Department P&Z/GROWTH MGMT g:/admin/council/meeting/1998/03-03-98/signs.doc City of Cape Canaveral MEMORANDUM: TO: Bennett Boucher, City Manager Mayor & City Council Members FROM: Whitey Moran, Building Official SUBJECT: Proposed Amendments To Chapter 94, Sign Code In the City Council meeting held on February 17, 1998, Council opted to defer voting on the amendments to the sign codes that were prepared by staff and recommended for approval by the Planning & Zoning Board. The consensus of Council was that the sign code needed review and possible major revisions to address possible reductions in both size and height, prohibitions for neon and artwork and reduction in the number of signs allowed. All of the above concerns can be addressed by staff with direction from the City Manager and Council and prepared for consideration in the near future. The amendments that are being proposed at the present time are more of a housekeeping and clarification nature than a change in heights, sizes and numbers although the proposed amendments will make future changes to heights, sizes and numbers much easier to accomplish. Staff requests that Council reconsider its position and approve the proposed amendments that will, at the very least, simplify code enforcement relating to signs and as soon as possible advise staff as to the direction the Council wishes to take in future amendments to the Code. 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 9 FAX 1407) 799-3170 ORDINANCE NO. 11-98 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 94, SIGNS, BY AMENDING CERTAIN DEFINITIONS, EXCEPTIONS, PROHIBITED SIGNS, LIGHTING, CRITERIA, STANDARDS, POLITICAL SIGNS, OFF -PREMISES SIGNS, AWNING AND CANOPIES AND CERTAIN DISTRICT REGULATIONS REGARDING THE NUMBER AND SIZE OF SIGNS; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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 94-1, Definitions, is hereby amended by the deletion of the definition for Shopping Center and adoption of a new definition therefore, and the addition of a new definition for Street Right -of -Way and Animated/Flashing Signs, as follows: Shopping Center or Multi Tenant Center means a building with two or more businesses. Street Right -of -Way means the property line which bounds the right-of-way set aside for use as a street. Animated/Flashing Signs 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. SECTION 2. Section 94-4, Exemptions, is hereby amended by the deletion of Paragraphs (1), (2), and (10), and the adoption of the following in lieu thereof: (1) Signs on the exterior surface of buildings, in accordance with Section 94-96(a)(4), 94-97(a)(4), and 94-98 (a)(4). (2) Decals affixed to, or signs painted on equipment, fuel pumps, or other types of vending equipment used for dispensing retail products. City of Cape Canaveral Ordinance No. 11-98 Page 2 (10) 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). SECTION 3. Section 94-6, Prohibited Signs and Sign Features, is hereby amended by The deletion of paragraphs (c) and (d), and the adoption of new paragraphs (c) and (d), and the Adoption of a new paragraph (h), as follows: (c) Signs on right-of-ways, signs, except for those which are property of the state, city or county, shall not be erected, posted, painted, tacked, nailed or otherwise placed or located on or above any street right-of-way. All such signs are subject to immediate removal by the city. (d) Animated/flashing signs are hereby prohibited. (h) Off-site/off-premises sign. Any sign not related in its subject matter to the premises on which it is located is prohibited. SECTION 4. Section 94-63, Li htin is hereby deleted in its entirety, and the following are adopted in lieu thereof: Sec. 94-63. Lighting. (a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs, roof 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 glare upon the street or adjacent property. (b) Electric signs shall comply with Article 600 of the National Electric Code. SECTION S. Section 94-64, Criteria and Standards for Measurement and Placement, is hereby amended by the deletion of paragraphs (a) and (g) in its entirety, and the adoption of the following in lieu thereof: City of Cape Canaveral Ordinance No. 11-98 Page 3 (a) Area. The permitted area of signs, in all zonings, unless otherwise specified in this chapter, is dependent on street frontage of the property and shall be computed on the basis of 1 square foot of sign area for each lineal foot of property frontage up to the maximum area specified in each zoning section. This computation shall not serve to limit a sign area to less than 32 square feet, except shopping center/multi-use centers. Wall signs shall be computed on the basis of 1 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. (g) Size limit. No sign shall be supported so that the uppermost edge is more than 30 feet above the ground. This subsection shall not apply to any sign on the face of the building. Any Allowable individual sign shall not exceed 150 square feet on its largest front. SECTION 6. Section 94-78, Political Signs, is hereby amended by the deletion of paragraphs (d) and (e), and the adoption of the following in lieu thereof: (d) 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. (e) Deposit. A deposit, as set forth in appendix B to this Code, shall be paid to the city before any political signs are erected. The deposit shall be refunded, provided all signs are removed within 10 days of the election, which the candidate's name appears. If all or any portion of the signs is not removed within the 10 -day allowance, the actual cost of such removal will be charged to the candidate, minus the deposit. SECTION 7. Section 94-81, Temporary Off -Premises Signs, is hereby amended by the deletion of paragraph (d) in its entirety, and the adoption of the following in lieu thereof: (d) 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 60 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 3 months. In the case of a public interest sign, a sign may be erected no more than City of Cape Canaveral Ordinance No. 11-98 Page 4 once a year without written approval from the building official. If a public interest sign is erected more than once a year, written approval from the building official is required. Each public interest sign must be removed no later than 5 days after the special event has concluded, provided, however, that a public interest sign may not be erected for more than a total of 30 days. SECTION 8. Section 94-83, Awnings and Canopies, is hereby deleted in its entirety, and the following is adopted in lieu thereof: Section 94-83. Awnings and canopies. (a) An awning shall include any structure fixed, or capable of being raised or lowered, made of fire resistant cloth, metal or plastic with a metal frame attached to a building and may not project over a public (located in city rights-of-way) sidewalk or thoroughfare. An awning shall be supported entirely by the building without the use of ground supports. (b) A canopy shall include any structure other than an awning, made of fire resistant cloth, plastic or metal with metal frames attached to a building, and supported, in part, or entirely by the ground. A canopy may not project over a thoroughfare or public sidewalk. (c) The following shall apply to awnings and canopies: (1) Canopies and awnings may be constructed of fire resistant cloth, metal or plastic, but all frames and supports shall be metal. (2) All such awnings or portions of such awnings and canopies shall be not less than 9 feet above the level of any private sidewalk or walkway. (3) Every awning shall be securely attached to and supported by the building, and posts or columns beyond the building line shall not be permitted. When such building is less than 10 feet from public property, no awning shall be attached to the wood jambs, frames or other wood members of the building. SECTION 9. Section 94-97 is hereby amended by the deletion of clause b. of subparagraph (5) of paragraph (a) in its entirety and the adoption of the following in lieu thereof. (a)(5)b. One wall sign on the main structure, with a maximum area of 150 square feet. SECTION 10. Section 94-98, R-3 Medium Density Residential District, is hereby amended by the deletion of clause b. of subparagraph (5) or paragraph (a) in its entirety, and the City of Cape Canaveral Ordinance No. 11-98 Page 5 adoption of the following in lieu thereof (a)(5)b. One wall sign on the main structure, with a maximum area of 150 square feet. SECTION 11. Section 94-99, C-1 Low Density Commercial District and M-1 Light Industrial and Research and Development District, is hereby amended by the deletion of subparagraph (5) of paragraph (a) in its entirety, and the adoption of the following in lieu thereof: (a)(5) A total of three of the following signs are permitted: a. One ground sign per street or road frontage to be calculated at 1 square foot of sign per lineal foot of street or road frontage to a maximum of 150 square feet, a maximum height of 30 feet above the edge of the pavement adjacent to the sign with a maximum width of 25 feet. b. One wall sign calculated at 1 square foot of sign face per lineal foot of building frontage to a maximum of 150 square feet to be placed on the building parallel to the street or road. c. One wall sign on each end of the building (maximum of 2), perpendicular to the street or road, calculated at 1 square foot of sign face per lineal foot of building width for each sign, with a maximum sign face of 150 square feet. d. One marquee sign parallel to the street or road, with a maximum sign face area of 96 square feet. SECTION 12. Section 94-100, Shopping Center in any District, is hereby amended by the adoption of a new title and by the deletion of subparagraphs (4) and (6) of paragraph (a), and the adoption of the following in lieu thereof. Section 94-100. Shopping Center or Multi -Tenant Center in any District. (a)(4) One wall sign per tenant space calculated at one (1) square foot of sign face for each lineal foot of tenant space building frontage to a maximum of 150 square feet. (a)(6) The following signs are permitted in a Shopping Center or Multi -Tenant Center: City of Cape Canaveral Ordinance No. 11-98 Page 6 a. One ground sign per street or road frontage calculated at 1 square foot of sign face per lineal foot of street or road frontage to a maximum of 150 feet, a maximum height of 30 feet above the edge of the pavement adjacent to the sign, and a maximum width of 25 feet. b. One wall sign on each end of the building (maximum of 2), perpendicular to the street or road frontage, calculated at 1 square foot of sign face per lineal foot of building width for each sign, with a maximum sign face of 150 square feet. SECTION 13. Section 94-101, Automotive Service Station, is hereby established as follows: Section 94-101. Automotive Service Station. Notwithstanding any provisions of this Chapter to the contrary, the following shall apply to automotive service stations: (a) The following signs are permitted in the C-1 low density commercial district for automotive service stations: (1) One ground or pole sign located on the primary street or road frontage to be calculated to one square foot of sign area per lineal foot of primary street or road frontage to a maximum of 150 square feet, a maximum height of 30 feet above the edge of the pavement adjacent to the sign with a maximum width of 25 feet. (2) One wall sign calculated at one square foot of sign face per lineal foot of building frontage to a maximum of 150 square feet to be placed on the building parallel to the street or road. (3) A choice of the following: a. One wall sign on each end (maximum of two) of the main building, perpendicular to the street or road frontage, calculated at one square foot of sign face per lineal foot of building width for each sign with a maximum sign face of 150 square feet or b. One wall sign on each end (maximum of two) of a permanent fixed canopy over fuel dispensing equipment, perpendicular to the street or road frontage, calculated at one square foot of sign face per lineal foot of canopy roof for each sign with a maximum sign face of 150 square feet. City of Cape Canaveral Ordinance No. 11-98 Page 7 (b) The following automotive service station signs are exempt from permitting requirements: (1) Fuel dispensing pump signs (signs on pumps must be an integral part of the pump structure). (2) Rack or cabinet signs (signs that are an integral part of a rack or cabinet, such as a display of oil or wiper blades, etc.) (c) The following signs are specifically prohibited: (1) Attention -getting devices, banners, streamers, whirligigs, flashing, intermittent electrical or iridescent devices. (2) Any sign not specifically permitted. SECTION 14. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. SECTION 15. 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 16. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral Ordinance No. 11-98 Page 8 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of .1998. Rocky Randels, MAYOR ATTEST: FOR AGAINST Burt Bruns Tony Hernandez Buzz Petsos Rocky Randels Joy Salamone Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY E:\cityclerk\CityClk\Ordinances\Signs Amendment.doc $ 94-1 CAPE CANAVERAL CODE [illegible/unreadable handwriting] Political sign means any sign used solely to present information suggesting a candidate's suit- ability for 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 emplaced without a permanent base or fastening. Projecting sign means a sign which is affixed to any building wall or structure and extends be- yond 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 regis- tered in the state who 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 means a building with two or * more businesses , (Stricken from the code)- used for the display or sale of merchandise. Sign means and includes every display, bill- board, ground sign, wall sign, roof sign, illumi- nated sign, projecting sign, temporary sign, mar- quee, awning and street clock and includes any announcement, declaration, demonstration, dis- play, illustration or insignia used to advertise or promote the interests of any person 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 frame- work and support or using electric power or requiring a scaffold for erection or applications. Sign writer or painter means any person en- gaged in the painting or application of signs on windows, doors, walls, awnings or elsewhere, when such signs require no structural framework or electric 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. 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 a short period of time only. Vehicular sign means any sign on a motor vehicle. 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 facade. (Code 1981, §§ 653.04, 653.19, 653.20; Ord. No. 12-95, § 1, 6-20-95) Cross reference—Definitions and rules of construction generally, § 1-2. 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 pro- vide for adequate maintenance and inspection of signs without impeding the inherent right of business to advertise and reasonably assist poten- tial 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 require- ments relative to types, sizes, heights, verbal content, permissible locations, restrictions, per- mits and licenses, inspections, indemnification, materials of manufacture and construction, meth- ods of erection, maintenance, procedures for re- questing variances and penalties for 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. (Code 1981, § 653.02) Supp. No. 2 CD94:4 SIGNS $ 94-6 Sec. 94-4. Exemptions. The following signs are excluded from the op- * eration of this chapter unless otherwise noted: (1) Signs painted (Stricken from the code) on the exterior surface of buildings, in accordance with section 94-96 et. seq. 94-97(a)(4) and 94-98 (a)(4), [illegbile/unreadable handwriting] (2) Decals affixed to, or signs painted on store (Stricken from the code) fronts, store(Stricken from the code) equipment, canopies(Stricken from the code), fuel pumps or other types of vending equipment used for dispensing retail products. (3) Signs wholly within a building. (4) 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 incombus- tible material. (5) Professional nameplates not exceeding three square feet in area. (6) Bulletin boards 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. (7) Occupational signs denoting only the name and profession of an occupant in a commer- cial building, public institutional building or dwelling house, placed flat against the exterior surface of the building and not ex- ceeding three square feet in area, except in residential single-family and duplex build- ings where the size shall not exceed two square feet. (8) Directional signs to historical or geograph- ical points of interest which are maintained or operated as commercial attractions or en- terprises. (9) Traffic or other municipal signs, legal no- tices, danger signs and temporary emer- gency or nonadvertising signs. (10) Signs consisting of an arrangement of a group of single cutout letters when securely fastened to a building or structural part of building, in accordance with section 94-96(a)(4) et. seq: 94-98(a)(4) and 94-98(a)(4). (Code 1981, § 653.05) Sec. 94-5. Penalty for violation. (a) 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 property on which an un- lawful sign is located, shall, upon conviction, be punished as provided in section 1-15. (b) In addition to the criminal penalties pro- vided in this section, any violation of this chapter shall be subject to enforcement by the code en- forcement board established by section 2-246 et seq., according to the procedures legally estab- lished for such board and subject to the penalties provided by F.S. ch. 162. (Code 1981, § 653.29) Sec. 94-6. Prohibited signs and sign features. (a) Signs on public utility poles and trees. Signs, regardless of whether exempt from permanent re- quirements, including political signs, are prohib- ited on public utility poles or trees. (b) 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. (c) 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 placed or located on or above any Street right-of-way. All such signs are subject to immediate report by the City. (d) [illegible/unreadable handwriting] (e) Portable signs. Any sign, excluding vehic- ular signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited. CD94:5 § 94-6 CAPE CANAVERAL CODE [illegible/unreadable handwriting] (f) Signs on vehicles. Signs which increase the dimensions of a vehicle in excess of one-eighth inch in any direction are prohibited, except for signs designating taxi, ambulance or the destina- tion of public vehicles. All other illuminated signs on vehicles are specifically prohibited. (g) Off-site 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 at- tention to the business or any person or the parking of vehicles or other types of contrivances which are in and of themselves unique and un- usual 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 product 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 vehicles is not intended to prohibit the bona fide parking of any vehicle used primarily by the owner thereof for the pur- pose of transportation, notwithstanding that such vehicle may have painted upon the exterior sur- face the owner's name or address or business slogan or trademark or other emblem which iden- tifies the vehicle's owner or business in a manner consistent with that customarily found on com- mercial vehicles or vehicles used for commercial purposes. (Code 1981, § 653.06) Sec. 94.7. Conformance. All signs or other advertising structures erected within the city limits shall conform to this chapter. Every sign or other advertising structure law- fully permitted at the time of adoption of this chapter, which violates or does not conform to this chapter, shall be removed or altered or replaced so as to conform with this chapter by December 31, 1993. (Code 1981, § 653.08) Sec. 94-8. Identification. Every outdoor advertising display erected, con- structed or maintained, for which a permit is re- quired, 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. (Code 1981, § 653.10) 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 re- ceive dead loads as required by the building code or other codes of the city. (Code 1981, § 653.15) Sec. 94-10. Bond or insurance. (a) Bond. The owner or person in control of a sign, awning, marquee or banner of any kind what- soever suspended over or extending into any public right-of-way more than one foot beyond the prop- erty line shall execute a bond in the sum of $5,000.00 with sureties approved by the city at- torney, indemnifying the city against all loss, cost, damage or expenses incurred or sustained by or judgments recovered against the city or by any of its officers, employees, appointees or servants be- cause of the construction or maintenance of such sign, awning, marquee or banner. (b) Insurance. In lieu of the bond required in subsection (a) of this section, the owner or person in control of a sign, awning, marquee or banner of any kind suspended or extended into the public right-of-way beyond one foot of the property line may substitute therefor a public liability and prop- erty damage insurance policy by an insurance com- pany authorized to do business in the state in the same amount and with the same conditions as required by subsection (a) of this section. (Code 1981, § 653.31) Sec. 94.11. Maintenance, notice to repair. Each sign shall be maintained in a safe condi- tion. When the sign is in need of repair or main- tenance, the owner shall be notified in writing. The owner shall have ten days to make such re- pairs or remove the sign. If this order is not com- plied with, the building official may remove the CD94:6 SIGNS $ 94-7 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. Visibility at intersections shall be in accordance with section 110-469. (Code 1981, § 653.17) Sec. 94-63. Lighting. (a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs, roof signs and wall signs. However, the reflectors shall be provided with proper glass lenses concen- trating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. (Code 1981, § 653.18) (b) [illegible/unreadable handwriting] Sec. 94-64 Criteria and standards for mea- surement and placement. (a) Area. The permitted area of signs,'.unless otherwise specified in this chapter, is dependent on street frontagerand shall be computed on the basis of one square foot of sign area for each lineal foot of frontage up to the maximum specified in section. 94-96 et seq. However, (Stricken from the code) this computation shall not serve to limit a sign area to less than 32 square feet, For the purpose of determining area, the total area is that within the smallest paral- lelogram, triangle, circle or semicircle or combi- nations 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 larg- est vertical cross section. (b) Combinations of signs. Except where specif- ically permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground or projecting 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. (c) Corner lots. Where two ground or projecting signs are used on a comer lot, the area of both signs may not exceed the area allowed for front- age as provided in subsection (a) of this section. (d) Display of permit number. The sign permit for all signs requiring a permit shall be promi- nently displayed by the owner or user of the sign on the property where the sign is located. (e) Height, setback and location measurements. Measurements for height, 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 measure- ment is to be made, but in no event, except for the thickness of wall signs, shall a sign of any kind project over public property or public rights-of- way, whether affixed to a building or otherwise. 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 comer of the sign, unless other- wise specified. (f) Ground signs. Ground signs lower than nine feet above grade, measured to bottom of sign, shall be set back a minimum of six feet from the property line. Ground signs above nine feet from grade level to the bottom of the sign shall be set back a minimum of two feet from the property line. Within a 50 -foot arc of any intersection, measured to the point of paving intersection, the sign shall be a minimum of ten feet in height from the bottom of the sign to the grade level, with only a single supporting member of eight inches or less between the sign and the ground. (g) Size limit. No sign shall be supported so that the uppermost edge is more than 30 feet above the ground. This subsection shall not apply to any sign on the face of the building. which is not attached to a building shall not (Stricken from the code) exceed 150 square feet on its largest front. (Code 1981, § 653.27) Secs. 94-65-94-75. Reserved. DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (a) Temporary signs may be erected 60 days prior to the opening of a new business or start of Supp. No. 2 CD94:9 § 94-76 CAPE CANAVERAL CODE construction. For good cause shown, the building official may grant two additional extensions of 60 days each. These signs shall be removed no later than 30 days after the opening or after construc- tion has stopped. Stoppage of construction shall be defined as the issuance of a certificate of occupancy (final or temporary), or the construc- tion has been abandoned (ceased) for a period of three months. (b) A temporary on -premises banner may be erected after application to and permit issued by the building official to promote a matter of signif- icant local, regional or national public interest for a period not to exceed 30 days. (Code 1981, § 653.19(A); Ord. No. 11-95, § 1, 6-20-95) Sec. 94-77. Off -premises signs and signs on vacant land. 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. (Code 1981, § 653.20) Sec. 94-78. Political signs. (a) Time of erecting. No political signs shall be erected prior to the candidate qualifying for office. (b) Specifications. The maximum size of a po- litical sign shall not exceed 32 square feet in face area. A double-faced (back-to-back) sign, or a V-shaped sign attached at one end shall be con- sidered one sign. Political signs shall be con- structed out of exterior wood, no less than one- fourth inch in thickness, or hard plastic, masonite or particle board, no less than one-fourth inch in thickness. 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 direc- tion. All political signs shall be securely fastened, anchored, placed and maintained so as not to constitute a hazard. (c) 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 fenceposts. (d) Permits. Each candidate shall obtain a sign (stricken from the code) permit from the building department. This permit covers all signs placed by the candidate. Written consent of the property owner shall be submitted to the building department prior to erecting the signs.-(Stricken from the code) Written permission of the property owner is not required for placement of signs in residen- tially zoned districts. (e) Deposit. A deposit as set forth in appendix B to this Code shall be paid to the city before any political signs are erected. The deposit shall be refunded, provided the signs are removed within 10 days of the election which the candidate's name appears. If the signs are not removed, this amount shall be used to defray the cost of removal of the signs by the city. (Stricken from the code) (f) District requirements. (1) In residential districts (R-1, R-2 and R-3 zones), two political signs, not more than five square feet in area each, shall be allowed per lot. (2) In commercial (C-1) and industrial (M-1) zones, political signs not exceeding 32 square feet are allowed. Only one political sign per candidate shall be allowed on any one lot or parcel of land, except for lots or parcels with 250 feet or more frontage, where two signs shall be allowed. (Code 1981, § 653.21) Sec. 94-79. Off -premises signs. Off -premises signs and signs on vacant prop- erty which exist on the effective date of the ordinance from which this section is derived shall remain until they are removed or fall into disre- pair, but in no case longer than December 31, 1993. A sign is in disrepair when so 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, and if the sign owner or property owner fails or refuses to com- ply, the city may remove the sign with all costs to Supp. No. 2 CD94:10 SIGNS $ 94-8 be borne by the sign owner or property owner. The procedure to be followed by the city upon deter- mination 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. (Code 1981, § 653.22) 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. (Code 1981, § 653.23) Sec. 94-81. Temporary off -premises signs (a) Temporary off -premises signs are those signs on property other than where the business or activity is located. There shall be a limit of one sign per business or activity erecting a temporary off -premises sign. (b) Temporary off -premises signs may be erected only by the following: (1) A housing project or subdivision within the city consisting of ten or more residential units. (2) Any new business opening within the city. (3) A charitable, educational or religious insti- tution as defined in section 70-66, Code of Ordinances, conducting a special event. (c) 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 illumina- tion of any sort provided specifically for the sign. (d) 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 60 days after the opening or after housing construction has stopped. Stoppage of construc- tion shall be defined as the issuance of a certifi- cate 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 a year; and must be removed no later than (adding to the code)- without written appear from the building official. If a Public Interest sign is elected more than once a year, written appear from the build to appear is required. five days after the special event has concluded provided, however, that a public interest sign may not be erected for more than a total of 30 days. (e) Signs may be placed in the R-2, R-3, C-1 and M-1 zones with limits as indicated: (1) Astronaut Boulevard, minimum 50 feet from the right-of-way, maximum height of 15 feet. (2) Old State Road 401, minimum ten feet from the right-of-way, maximum height of eight feet. (3) Ridgewood Avenue, minimum ten feet from the right-of-way, maximum height of eight feet. If these zones are changed by a subsequent zon- ing change, the boundaries as defined by the zoning ordinance in effect on the effective date of the ordinance from which this section is derived shall transfer to the new zones in the exact locations as they presently are, regardless of the changed zone classification. (f) 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. (Code 1981, § 653.24; Ord. No. 12-95, §§ 2, 3, 6-20-95) Sec. 94-82. Marquees. (a) Marquee, as used in this chapter, shall include any hood or awning of permanent con- struction projected from the wall of a building above the entrance or extending over a thorough- fare. (b) In addition to the general sections of this chapter applicable to marquees, the following shall apply: (1) All marquees, including the anchors, bolts, support rods and braces, shall be designed by a registered engineer and shall be prop- erly guttered and connected by downspout to a sewer so that the water therefrom will not drip or flow on the public property, and Supp. No. 2 CD94:11 § 94-82 CAPE CANAVERAL CODE the roof thereof shall be used for no other purpose than to form and constitute a roof. (2) No marquee shall be permitted to extend more than 20 feet from the exterior of the building closest to the road, but shall not come closer than ten feet from the property line. (3) A marquee shall be supported solely to the building to which it is attached, and no columns or posts shall be permitted as support thereof. The roof of any marquee shall be designed and constructed to sup- port a live load of not less than 100 pounds per square foot, except that this subsection shall not apply to awnings. No marquee shall be erected on any building of wooden frame construction unless attached to the masonry, concrete or steel supports of the building. (4) Signs attached to or hung from a marquee shall be completely within the borderline of the marquee outer edge. (Code 1981, § 653.25) Sec. 94-83. Awnings and canopies. [illegible/unreadable handwriting] (a) An awning shall include any structure of fire resistant cloth, metal or plastic with a metal frame attached to a building and (inegible) over a private sidewalk or throughfare, when the stru- (Stricken from the code) ture is so erected as to permits being raised or lowered to a position flat against the building when not in use. [illegible/unreadable handwriting] (b) A canopy shall include any structure other than an awning, made of fire resistant cloth, plastic or metal with metal frames attached to a building, (inegible) (c) The following shall appy to awnings and canopies: (1) Canopies and awnings may be constructed of fire resistant cloth, metal or plastic, but all frames and supports shall be metal. (2) No canopy shall exceed ten feet in width, but there is no limitation on the width of awnings. (Stricken from the code). All such awnings or portion of such awnings and canopies shall be not less than nine feet above the level of the (Stricken from the code) (ineglible) sidewalk or walk way a point two feet inside the curbline. (Stricken from the code) (3) Every awning shall be securely attached to and supported by the building, and posts or columns beyond the building line shall not be permitted. When such building is less than ten feet from public property, no aw- ning shall be attached to the wood jambs, frames or other wood members of the build- ing. (Code 1981, § 653.26) Secs. 94-84-94-95. Reserved. DIVISION 3. DISTRICT REGULATIONS* Sec. 94-96. R-1 low density residential dis- trict. (a) The following signs are permitted in the R-1 low density residential district: canopies: (1) Real estate signs, not exceeding six square feet in area, located on the property offered. There shall be no more than two of these signs per property. (2) Political signs, in accordance with section 94-78. (3) Construction signs and future improve- ment signs, in accordance with section 94- 76. (4) A home occupation sign which is nonilluminated and which does not exceed two square feet in area may be displayed 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 concerned. There shall be no more than one of these signs per unit. (b) Any sign not specifically permitted in the R-1 district is prohibited. (Code 1981, § 653.28(A)) Cross reference—R-1 low density residential district, § 110-271 et seq. *Cross reference—Supplementary zoning district regula- tions, § 110-466 et seq. Supp. No. 2 CD94:12 SIGNS (4) A home occupation sign which is nonillu- minated and not exceeding two square feet in area may be displayed 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 con- cerned. There shall be no more than one of these signs per unit. (5) The following signs are permitted and the area of each is determined in accordance with section 94-64: a. One ground sign, with a maximum area of 75 square feet, maximum height of 25 feet, and maximum width of 25 feet. b. One wall sign on the (?) structure, with a maxmum area of 130 square feet. a- maximum -area -,of 428 -square -feet. (b) Any sign not specifically permitted in the R-2 district is prohibited. (Code 1981, § 653.28(B)) Cross reference—R-2 medium density residential district, § 110-291 et seq. Sec. 94-98. R-3 medium density residential district. (a) The following signs are permitted in the R-3 medium density residential district: (1) Real estate signs, not exceeding 32 square feet and limited to one per lot or parcel. For lots or parcels in excess of 250 -foot frontage, two signs, a maximum of 32 square feet each, may be used. (2) Political signs, in accordance with section 94-78. (3) Construction signs and future improvement signs, in accordance with section 94-76. (4) A home occupation sign which is nonillu- minated and not exceeding two square feet in area may be displayed 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 con- cerned. There shall be no more than one of these signs per unit. § 94-99 (5) The following signs are permitted and the area of each is determined in accordance with section 94-64(a): a. One ground sign, with a maximum area of 100 square feet, maximum height of 30 feet and maximum width of 25 feet. (b) Any sign not specifically permitted in the R-3 district is prohibited. (Code 1981, § 653.28(C)) Cross reference—R-3 medium density residential district, § 110-311 et seq. Sec. 94-99. C-1 low density commercial dis. trict and M-1 light industrial and research and development dis- trict. (a) The following signs are permitted in the C-1 low density commercial district and the M-1 light industrial and research and development district: (1) Real estate signs, not exceeding 32 square feet and limited to one per lot or parcel. For lots or parcels in excess of 250 -foot frontage, two signs, a maximum of 32 square feet each, may be used. (2) Political signs, in accordance with section 94-78. (3) Construction signs and future improvement signs, in accordance with section 94.76. (4) A home occupation sign, which is nonillu- minated and not exceeding two square feet in area, may be displayed 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 con- cerned. There shall be no more than one of these signs per unit. (5) 9 Total of the Three of the following signs are permitted a. One mound or projection sign per building ar on each street frontage as follows: 1. Maximum area of ground sign or combination is 160 square feet. CD94:13 § 94-99 CAPE CANAVERAL CODE (b) Any sign not specifically permitted in the C-1 and M-1 districts is probibited. (Code 1981, & 653.28(D)) Cross references--C-1 low density commercial district, $ 110-331 et seq.; M-1 light industrial and research and devel- opment district, $ 110-351 et. seq. Sec. 94-100. Shopping center or Multi-Tenant center in any District. (a) The following signs are permitted for shop- ing centers in any district: (1) Real estate signs, not exceeding 32 square feet and limited to one per lot or parcel. For lots or parcels in excess of 250 square feet each, two signs, a maximum of 32 square feet each, may be used. (2) Political signs, in accordance with section 94-78. (3) Construction signs and future improvement signs, in accordance with section 94-76. (4) One wall sign per tenant space calculate at one (1) service of sign face for (inegible) line foot of Tenant Building Province (?) to a maximum of (inegible) (5) One projecting sign per business, below a marquee or canopy, with a minimum height of eight feet above the sidewalk. The sign may not project beyond the canopy, mar- quee or sidewalk. (6) See Ord. (b) Any sign not specifically permitted under this section is prohibited. (Code 1981, $ 653.28(E)) Cross reference-District regulations, $110-246 et. seq. CD94:14 City of Cape Canaveral Building Department PROPOSED AMENDMENTS Chapter 102, Article I, Vegetation, Definitions Chapter 110, Article IX, Supplementary Division Regulations, Landscaping and Vegetation Change definition of Diameter at breast height (dbh), in Section 102-1: Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multi stemmed tree, measured 4 1/2 feet above natural or development finish grade. (Reason: The Code of Ordinances, City of Cape Canaveral does not define the term "development" grade, however, does define the term finish grade). Change Section 110-567(b) (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with two-inch greater than three inch diameter (dbh) minimum and two -foot spread. 5 Small species, six feet tall with one-inch two to three inch diameter (dbh) minimum and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). 5 Nonnative palms, minimum height three feet (overall). (Reason: This proposal only changes the dbh to enhance vegetative survival for landscaping and screening purposes. This proposal does not change the point system, nor any screening or landscaping density requirements.) KEY Original Text Delete Test New Text Page 1 of 1 City of Cape Canaveral Building Department PROPOSED AMENDMENTS Chapter 102, Article I, Vegetation, Definitions Chapter 110, Article IX, Supplementary Division Regulations, Landscaping and Vegetation Change definition of Diameter at breast height (dbh), in Section 102-1: Diameter at breast height (dbh) means the diameter of a trunk of a tree or the sum of the stems of a multi stemmed tree, measured 4 feet above natural or development finish grade. (Reason: The Code of Ordinances, City of Cape Canaveral does not define the term "development" grade, however, does define the term finish grade). Change Section 110-567(b) (b) Tree value points referred to in subsection (a) of this section will have the following values: Points Tree 10 Large and medium species, ten feet tall with two4ne-11 greater than three inch diameter (dbh) minimum and two -foot spread. Small species, six feet tall with one4neh two to three inch diameter (dbh) minimum and two -foot spread. 5 Cabbage palms, minimum height six feet (overall). 5 Nonnative palms, minimum height three feet (overall). (Reason: This proposal only changes the dbh to enhance vegetative survival for landscaping and screening purposes. This proposal does not change the point system, nor any screening or landscaping density requirements.) KEY Original Text Deleted Text New Text Page 1 of 1