HomeMy WebLinkAboutAgenda Packet 06-16-1998City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 16, 1998
7:00 P.M.
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS: Spring Beautification Awards
Residential
Gerald Belliflower
209 Harbor Drive
Multi -Family
Canaveral Sands
8500 Ridgewood Avenue
Commercial
Maggie's Nursery
8508 North Atlantic Avenue
PUBLIC HEARINGS
ORDINANCE — FIRST READING
1. Motion to Approve Transmittal: Ordinance No. 18-98, Comprehensive Plan
Amendment CPA 01-98.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
RELATED TO COMPREHENSIVE PLANNING, SETTING FORTH A COMPREHENSIVE PLAN
AMENDMENT REFERENCED AS CPA 01-98 AS PROVIDED IN FLORIDA STATUTES SECTION
163.3184(15)(c), WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND THE
COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S APPROVED
EVALUATION AND APPRAISAL REPORT; PROVIDING FOR AN EFFECTIVE DATE AND
LEGAL STATUS OF THE PLAN AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN
AMENDMENT TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
2. Motion to Approve: Ordinance No. 23-98, Providing for a Referendum regarding
Vacancies in Elected Offices
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
REVISING ARTICLE III, SECTION 4, VACANCIES IN ELECTED OFFICES, OF THE CITY OF
g:\cityclk\agenda\regular\1998\06-16-98. doc
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 9 FAX (407) 799-3170
City Council Regular Meeting Agenda
June 16, 1998
Page 2
CAPE CANAVERAL CHARTER; PROVIDING A STATEMENT OF POLICY; AMENDING PRESENT
SECTION 4, VACANCIES IN ELECTED OFFICES, OF ARTICLE III OF THE CITY CHARTER;
PROVIDING FOR THE ELECTION BY THE VOTERS OF ANY SEAT VACATED PURSUANT TO
THE RESIGN TO RUN LAW CODIFED IN F.S. 99.012(3); PROVIDING FOR THE SU`8MI,3SION TO
THE ELECTORS OF THE CITY OF CAPE CANVERAL THE PROPOSED AMENDMENT TO
ARTICLE II, SECTION 4, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING FOR A
SUBMISSION CLAUSE TO APPEAR ON THE BALLOT OF THE REFERENDUM ELECTION AT
WHICH THE PROPOSED AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON;
PROVIDING FOR NOTICE OF THE PROPOSED AMENDMENT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDNG FOR REPEAL OF CONFLICTING ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
3. Motion to Approve: Ordinance No. 22-98, Antennas located on existing sites
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ARTICLE IX, SUPPLEMENTARY DISTRICT REGULATIONS,
BY AMENDING SECTION 110-482, WIRELESS TELECOMMUNICATION TOWERS
AND ANTENNAS, OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A
REVISED LIST OF ADMINISTRATIVE USES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE — SECOND READING
4. Motion to Adopt: Ordinance No. 19-98, Amending or Adding the Definitions for
Existing Grade, Finish Grade, Height of Building, and Fences
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CODE SECTION 110-1, DEFINITIONS. BY AMENDING OR ADDING THE
DEFINITIONS FOR EXISTING GRADE, FINISH GRADE, HEIGHT OF BUILDING, AND
FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
CONSIDERATIONS:
5. Motion to Approve: Regular City Council Meeting Minutes of May 19, 1998
6. Motion to Approve: Library Lease Agreement with Brevard County
7. Motion to Approve: School Resource Officer Agreement with the City of Cocoa Beach in
the amount of $6,492.48
8. Motion to Approve: Designation of a Voting Delegate to the Florida League of Cities
Convention
9. Motion to Approve: Engineering Inspection Services for Phases H and III of the City's
Reclaimed Water Construction Project to Hampton and Associates, in
the amount of $39,034.
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City Council Regular Meeting Agenda
June 16, 1998
Page 3
RESOLUTION:
10. Motion to Approve: Resolution No. 98-16, Appointing One (1) 2nd Alternate
Member to the Beautification Board with a term to expire
November 1, 2000. (Jean Simoes)
DISCUSSION:
11. Amending Code Section 110-334, Special Exceptions Permissible by the Board of
Adjustment (Deleting Residential Construction in the C-1 Zoning District)
12. Amending Section 110-567(b), Relative Tree Point Values for Landscaping
Purposes
REPORTS:
13. 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.
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Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Ordinances -1st Reading
Item
No.
1
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 18-98, COMPREHENSIVE PLAN AMENDMENT CPA 01-98
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council approve Ordinance No. 18-98 transmitting the EAR based comprehensive plan
amendments to the Department of Community Affairs.
Summary Explanation & Background:
The public hearing will give the public a chance to review and comment on the proposed comprehensive plan
amendments. Additional changes can be added and approved at this meeting. Once these amendments are sent
to DCA, they have (90) days to comment, then the City will have up to (120) days to adopt the final
amendments.
I recommend approval.
Exhibits Attached:
Ordinance No. 18-98; Comprehensive Plan documents handed out earlier
City Manager's Office
Department P&Z;GROWTH MANAGEMENT
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ORDINANCE NO. 18-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, RELATED TO COMPREHENSIVE PLANNING,
SETTING FORTH A COMPREHENSIVE PLAN AMENDMENT REFERENCED
AS CPA 01-98 AS PROVIDED IN FLORIDA STATUTES SECTION
163.3184(15)(c), WHICH SHALL AMEND THE COMPREHENSIVE PLAN AND
THE COMPREHENSIVE FUTURE LAND USE MAP BASED ON THE CITY'S
APPROVED EVALUATION AND APPRAISAL REPORT; PROVIDING FOR AN
EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN AMENDMENT;
PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3161, Et. Seq., Florida Statutes, established the Local
Government Comprehensive Planning and Land Development Regulation Act; and
WHEREAS, Section 163.3167, Florida Statutes, requires each municipality in the state to
prepare and adopt a Comprehensive Plan as scheduled by the Department of Community Affairs;
and
WHEREAS, in October, 1988, the City of Cape Canaveral, Florida, adopted the 1988
City of Cape Canaveral Comprehensive Plan (hereinafter referred to as the "1988 Plan"); and
WHEREAS, on May 27, 1998, the Local Planning Agency in accordance with its
procedures held a duly noticed public hearing on the proposed amendment CPA 01-98 and
considered findings and advice of staff, citizens, and all interested parties submitting comments
and recommended to the City Council that the 1988 Plan be amended based on the Evaluation and
Appraisal Report and that the amendment shall be submitted to the Department of Community
Affairs; and
WHEREAS, on June 16. 1998 and , the Cape Canaveral City Council
held duly noticed public hearings on the attached Comprehensive Plan Amendment and
considered the findings, advice and recommendations of the Local Planning Agency, staff, and all
City of Cape Canaveral
Ordinance No. 18-98
Page 2
interested parties submitting written or oral comments and upon thorough and complete
consideration and deliberation, approved for adoption of the attached Comprehensive Plan
amendment; and
WHEREAS, the amendment adopted by this Ordinance complies with the requirements
of the Local Government Comprehensive Planning and Land Development Regulation Act.
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct and are
incorporated herein by reference.
SECTION 2. AUTHORITY. This Ordinance is adopted in compliance with and
pursuant to the Local Government Comprehensive Planning and Land Development Regulation
Act, Sections 163.3184 and 163.3187.
SECTION 3. PURPOSE AND INTENT. It is hereby declared to be the purpose and
intent of this Ordinance to clarify, expand, correct, update, modify or otherwise further the
provisions of the 1988 Plan as amended based on the Evaluation and Appraisal Report.
SECTION 4. ADOPTION OF COMPREHENSIVE PLAN AMENDMENT.
Pursuant to Comprehensive Plan Amendment CPA 98-01 to the 1988 Comprehensive Plan as
amended, the City of Cape Canaveral is adopting the Goals, Objectives and Policies of the
following elements: Intergovernmental, Coordination, Conservation and Coastal Management,
Infrastructure, Transportation, Recreation and Open Space, Housing, Future Land Use and
Capital Improvements. The Future Land Use Map and Transportation Maps are hereby amended
as specifically provided in Exhibit "A," attached hereto.
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City of Cape Canaveral
Ordinance No. 18-98
Page 3
SECTION 5. LEGAL STATUS OF PLAN AMENDMENT. After and from the
effective date of this Ordinance, the Plan Amendment shall amend the 1988 Plan as amended and
become part of the Plan, and the Plan amendment shall retain the legal status of the 1988 Cape
Canaveral Comprehensive Plan as amended established pursuant to the Code of Laws and
Ordinances of the City of Cape Canaveral, Florida, as amended.
SECTION 6. TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS. The City Manager is hereby designated to sign a letter transmitting
this amendment to the Department of Community Affairs in accordance with Chapter 163, Florida
Statutes, and Section 9J-11.015, Florida Administrative code.
repealed.
SECTION 7. Any ordinance or parts of an ordinance, in conflict herewith are
SECTION 8. 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 9. The effective date of this plan amendment shall be the date a final
order is issued by the Department of Community Affairs or Administration Commission finding
the amendment in compliance in accordance with Section 163.3184, Florida Statutes.
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City of Cape Canaveral
Ordinance No. 18-98
Page 4
APPROVED FOR TRANSMITTAL 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
NAME FOR AGAINST
BRUNS
HERNANDEZ
PETSOS
RANDELS
SALAMONE
LPA Hearing:
May 27, 1998
Transmittal Mtg:
June 16, 1998
Posted:
Published: (LPA)
May 17, 1998
(1st hrg)
June 16, 1998
(2nd hrg)
Second Reading:
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of ,1998.
Rocky Randels, MAYOR
ATTEST:
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City of Cape Canaveral
Ordinance No. 18-98
Page 5
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
NAME FOR AGAINST
BRUNS
HERNANDEZ
PETSOS
RANDELS
SALAMONE
LPA Hearing:
May 27, 1998
Transmittal Mtg:
June 16, 1998
Posted:
Published: (LPA)
May 17, 1998
(1st hrg)
June 16, 1998
(2nd hrg)
Second Reading:
g:cityclk\ordinances\zomng\ear based comp plan amendments.doc
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Ordinances -1st Reading
Item
No.
2
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 23-98, VACANCIES IN ELECTED OFFICES
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of placing the charter amendment on the November, 1998 ballot.
Summary Explanation & Background:
The charter amendment will state that if a councilmember were to resign under the Florida Resign to Run Law,
then that seat would be filled by a vote of the electors.
Please advise.
Exhibits Attached:
Ordinance No. 23-98
City Manager's Office
Bennett C. Boucher
Department LEGISLATIVE
g:/admin/council/meeting/1998/06-16-98/23.98.doc
ORDINANCE NO. 23-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REVISING ARTICLE III, SECTION 4, VACANCIES IN ELECTED
OFFICES, OF THE CITY OF CAPE CANAVERAL CHARTER; PROVIDING A
STATEMENT OF POLICY; AMENDING PRESENT SECTION 4, VACANCIES IN
ELECTED OFFICES, OF ARTICLE IH OF THE CITY CHARTER; PROVIDING FOR
THE ELECTION BY THE VOTERS OF ANY SEAT VACATED PURSUANT TO THE
RESIGN TO RUN LAW CODIFED IN F.S. 99.012(3); PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF THE CITY OF CAPE CANVERAL THE
PROPOSED AMENDMENT TO ARTICLE H, SECTION 4, OF THE CITY OF CAPE
CANAVERAL CHARTER; PROVIDING FOR A SUBMISSION CLAUSE TO APPEAR
ON THE BALLOT OF THE REFERENDUM ELECTION AT WHICH THE PROPOSED
AMENDMENT TO THE CITY CHARTER SHALL BE VOTED UPON; PROVIDING
FOR NOTICE OF THE PROPOSED AMENDMENT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDNG FOR REPEAL OF CONFLICTING
ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Cape Canaveral, as follows:
SECTION 1. STATEMENT OF POLICY.
(a) The City Council finds that the present Section 4, Vacancies in Elected
Offices, of Article III of the City Charter provides that Council shall fill
the vacancy of one of its elected members if that member resigns the
position pursuant to the provisions of F. S. 99.012(3).
(b) The city Council has determined that it is in the City's best interests that a
vacancy created in such a matter should be filled by a vote of the electors
at the same general election for which the vacating council member seeks
qualification and election.
(c) The City Council finds that the adoption of new procedures to fill a
vacancy caused by the resign to run provision of F. S. 99.012(3) by general
election as opposed to appointment by the remaining council members to
be in the best interests of the citizens and voters of the City and is
necessary for the health, safety, and welfare of the City and its inhabitants.
SECTION 2. Article III, Section 4, Vacancies in Elected Offices, of the City of
Cape Canaveral Charter is hereby amended to read as follows (underlined text is an
addition to the existing text of the City Charter):
City of Cape Canaveral
Ordinance No. 23-98
Page 2
ARTICLE III
SECTION 4, VACANCIES IN ELECTED OFFICES
If any vacancy occurs in the City Council for any reason other than the
recall of a Council Person, or a vacancy occurring due to a Council
Member's resignation pursuant to F.S. 99.0120 commonly referred to as
the "resign to run law," the City Council shall, within thirty (30) days
following the occurrence of a vacancy, elect a successor Council Person
who shall serve until the next General Election. At the next General
Election, the vacant position shall be filled by a vote of the electors for the
remainder of the original term. Any Council Member so elected shall take
office immediately upon his or her election and qualification. If three 93)
or more seats on the City Council shall be vacant at the same time, the
Governor shall appoint successor council Members to fill the vacancies on
the City Council and appoint successor Council Members to fill the
vacancies on the City council and any council Members so appointed shall
serve until their successors shall be elected and qualified. The city Council
shall call a special election to fill the unexpired terms of office of the
Council Members whose seats become vacant, and said election shall be
held within sixty (60) days following the said appointments by the
Governor. If such appointments shall be made within six (6) months of the
next General Election, no special election shall be required but those
offices shall be filled at such General Election. If there shall be a vacancy
in the office of Mayor, the Mayor Pro Tem shall serve as Mayor until the
next General Election of the City, at which time an election shall be held
for the unexpired term of the vacated office of Mayor. If a vacancy occurs
in the City Council, due to a resignation pursuant to the resign to run
provision of F. S. 99.012(3), then the vacancy shall be filled by a vote of
the electors of the City for the remainder of the original term at the same
election for which the vacating Council Member seeks qualification and
election.
SECTION 3. EFFECTIVE DATE. This Ordinance shall not become effective
unless a majority of the qualified electors of the City of Cape Canaveral vote in favor of
the proposed amendment to the City Charter as described in Section 2 of this Ordinance
at the next regular election of the City to be held in November, 1998. In the event a
majority of the qualified electors of the City of Cape Canaveral vote in favor of the
proposed amendment contained in Section 2 of this Ordinance, the amendment to Article
\\CAPE-NT\cityclerk\CityClklOrdinances\Referendum Vacancies in Elected Office.doc
City of Cape Canaveral
Ordinance No. 23-98
Page 3
III, Section 4, of the City of Cape Canaveral Charter shall be effective on December 1,
1998.
SECTION 4. The voting machines and paper ballots for the November 1998
election at which proposed amendment to Article III, Section 4 of the City of Cape
Canaveral Charter shall carry the following designation, which shall be the title and
explanatory statement of the proposed amendment:
Yes No
Amendment No.
THE VACANCY IN ELECTED OFFICE CHARTER AMENDMENT
OF 1998 OF THE CITY OF CAPE CANAVERAL
Shall the City Charter be amended to provide that a vacancy created in the
City Council, by virtue of a Council Member's resignation under the State
of Florida resign to run law to seek election at another position, be filled
by a vote of the general electors of the City at the same general election
rather than by appointment by the remaining Council Members.
Each elector of the City of Cape Canaveral voting at said election and desirous of
voting for or against said amendment shall indicate his or her choice by depressing the
appropriate counter of the voting machine which indicates the word "Yes" or the word
"No" or by marking on paper ballots, where used.
SECTION 5. NOTICE. The proper officials of the City of Cape Canaveral
shall give notice of the proposed amendment to be presented at the November 1998 City
election, which notice shall be published in the manner and for the length of time
required by law.
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City of Cape Canaveral
Ordinance No. 23-98
Page 4
SECTION 6. SEVERABILITY. If any provision, paragraph, phrase, word,
section or article of this Ordinance is invalidated by any court of competent jurisdiction,
the remaining provisions, paragraphs, words, sections and articles shall not be affected
thereby and shall continue in full force and effect.
SECTION 7. CONFLICTING ORDINANCE AND RESOLUTIONS. Any
ordinance or parts of an ordinance in conflict herewith are hereby repealed to the extent
of such inconsistency or conflict.
SECTION 8. SUBMISSION OF VOTERS. This Ordinance, as an act of the
City Council submitting the proposed amendment to Article III, Section 4 of the City of
Cape Canaveral Charter to the qualified electors of the City, shall take effect immediately
upon its adoption for the purpose of submitting the amendment to the electors of the City,
but shall become effective as part of the City Charter only upon the vote of the qualified
electors of the City of Cape Canaveral at the November 1998 election.
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City of Cape Canaveral
Ordinance No. 23-98
Page 5
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
day of , 1998.
Rocky Randels, MAYIOR
ATTEST: FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
First Reading:
Posted:
Published:
Second Reading:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
\\CAPE-NT\cityclerk\CityClk\Ordinances\Referendum Vacancies in Elected Office.doc
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA REPORT
AGENDA
Heeding
Ordinances -1st Reading
Item
No.
3
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 22-98, AMENDING SECTION 110-482, WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council review and consider this amendment that would provide for screening for
telecommunications towers.
Summary Explanation & Background:
This was recommended by the P&Z Board at their 06-10-98 meeting. See attached staff report.
Please advise.
Exhibits Attached:
Staff report; Ordinance No. 22-98
City Manager's Office
Bennett C. Boucher
Department P&Z/GROWTH MANAGEMENT
g:/admin/counciil/meeting/1998/06-16-98/22-98.doc
City of Cape Canaveral
MEMORANDUM
June 11, 1998
To: Sandra O. Sims, City Clerk
From: Steven E. Bapp, Planning and Zoning Technician [Initital-SEB]
Re: Proposed Ordinance, Sec 110-482, Cape Canaveral Code of Ordinances.
The Planning and Zoning Board recommended approval (June 10th , 1998) of an
Ordinance that will update Sec. 110-482, wireless telecommunication antennas.
This Ordinance will become Sec. 110-482 6 (b)(3) Antennas located on existing sites at
grade level subject to compliance with all adopted building codes and adequate
screening from adjacent property and city rights-of-way.
The City Attorney has drafted the appropriate proposed Ordinance for approval by the
City Council.
Please place this Ordinance on the City Council agenda.
Please contact me if you have any questions regarding this issue.
Cc: Whitey Moran, CBO
File
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 9 FAX (407) 799-3170
ORDINANCE NO. 22-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE IX,
SUPPLEMENTARY DISTRICT REGULATIONS, BY AMENDING SECTION
110-482, WIRELESS TELECOMMUNICATION TOWERS AND ANTENNAS
OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROVIDING FOR A
REVISED LIST OF ADMINISTRATIVE USES; 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, as follows:
SECTION 1. Subparagraph (b) of Paragraph 6 of Section 110-482, Wireless
Telecommunication Towers and Antennas, is hereby amended by the addition of a new
clause (3), as follows:
Sec. 110-482. Wireless telecommunication towers and antennas.
6(b)(3) Antennas located on existing sites at grade level subject to compliance with
separation distances as established in paragraph 7(b)(5), compliance with all adopted
building codes and adequate screening from adjacent property and city rights -of -ways.
SECTION 2. 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. Any ordinance or parts of an ordinance, in conflict herewith are repealed.
SECTION 4. This Ordinance shall take effect immediately upon its adoption.
City of Cape Canaveral, Florida
Ordinance No. 22-98
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
First Reading: June 16, 1998
Posted:
Published:
Second Reading:
G:\CityClk\Ordinances\Wireless Telecommunication Towers Amendment.doc
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Ordinances -2nd Reading
item
No.
4
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 19-98, AMENDING OR ADDING THE DEFINITIONS FOR EXISTING
GRADE, FINISH GRADE, HEIGHT OF BUILDING, AND FENCES
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council consider the approval of Ordinance No. 19-98 at second reading.
Summary Explanation & Background:
The P&Z Board recommended this amendment at their 05-13-98 meeting. See attached staff report.
I recommend approval.
Exhibits Attached:
Ordinance No. 19-98; Staff Report of 05-27-98
City Manager's Office
Bennett C. Boucher
Department P&Z/GROWTH MANAGEMENT
g:/admin/council/meeting/1998/06-16-98/19-98.doc
ORDINANCE NO. 19-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION
110-1, DEFINITIONS, BY AMENDING OR ADDING THE
DEFINITIONS FOR EXISTING GRADE, FINISH GRADE,
HEIGHT OF BUILDINGS, AND FENCES; 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 110-1, Definitions, is hereby amended by adding the
following definitions:
Existing Grade shall mean the ground surface elevation prior to grading, or the
addition of fill material.
Finish Grade shall mean the final grade of the site, which conforms to the
approved plan.
SECTION 2. Section 110-1, Definitions, is hereby amended by deleting the
definition of "Height of Building" and adopting the following in lieu thereof:
Height of Building means the vertical distance from twelve inches (12") above the
crown of the fronting road or finish grade at the building line, whichever is
highest, to (I) the highest point of flat roof, (ii) the deck line of a mansard roof,
(iii) the average height between the eaves and ridge for gable, hip and gambrel
roofs. Measurement must be in compliance with the one hundred (100) year flood
level, as determined by the Federal Emergency Management Agency.
SECTION 3. Section 110-1, Definitions, is hereby amended by deleting the
definition of "Fence" and adopting the following in lieu thereof:
Fence means a structure forming a physical barrier, which is constructed of wood
or a similar lightweight building material.
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.
City of Cape Canaveral
Ordinance No. 19-98
Page 2
SECTION 5. CONFLICTING PROVISIONS. Any ordinance or parts of an
ordinance in conflict herewith is repealed.
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
First Reading:
Posted:
Published:
Second Reading:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
G:\CityClk\Ordinances\EXISTING GRADE, HEIGHT OF BUILDINGS.doc
May 15, 1998
City of Cape Canaveral
STAFF REFORT
TO: Bennett Boucher, City Manager
FROM: Steven E. Bapp, Planning and Zoning Technician [Intitial-SEB]
Re: P & Z Meeting, 5-13-98.
A regular meeting of the Cape Canaveral Planning and Zoning Board was held on 5-13-
98. The Board recommended the following ordinances for approval:
Board recommended approval for a new definition of fence: Fence means a
structure forming a physical barrier, which is constructed of wood, or a similar
lightweight building material
(Reason: Current definition does not allow for the stockade fence (most common type).
This definition will also prevent a permanent, solid, block or concrete wall from being
classified by a landowner as a fence.)
2. Board recommended the deletion of Sec 110-334 (10), use of R2/R3 in a C-1
Zoning District. Delete the following section from the Code of Ordinances:
Single-family dwellings, two-family dwellings, townhouses and multiple family
dwellings' provided, however, there shall not be more than 15 dwelling units per
net residential acre. See requirements in the R-2 district in division 3 of this
article. These requirements apply to residential construction in the C-1 district.
(Reason: This will eliminate'spot zoning' within C1 districts, and keep with the intent of
the development of the A1A/Astrounot Blvd. Corridor.)
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
Board recommended approval of new definitions for Finish Grade, Existing
Grade and for Height of Building. See attached sheets.
(Reason: The Code of Ordinances, City of Cape Canaveral does not define these terms.)
Cross-reference: The Southern Building Code Congress International (SBCCI) Standard excavation and Grading Code, SEC. 104,
dated 1975.
Enclosure
Existing 110-1 definitions
Proposed Ordinances
Minutes, 5-13-98 P&Z mtg.
Cc: Whitey Moran, CBO, City of Cape Canaveral
File
ZONING $110-1
Family means a person or a group of persons
related to each other by blood or marriage or a
group of not more than four adults who are not
necessarily so related, living together under one
roof as a single household unit.
Fence means a structure forming a physical bar-
rier which is so constructed that no less than 50
percent of the vertical surface is open to permit
the transmission of light, air and vision through
such surface in a horizontal plane.
Fire district includes that territory or area con-
sisting of:
(1) Two or more adjoining blocks, exclusive of
intervening streets, where at least 50 per-
cent of the ground area is built upon and
more than 50 percent of the built on area is
devoted to group S occupancy or group H
occupancy as defined in the Standard
Building Code.
(2) Where four contiguous blocks or more com-
prise a fire district, there shall be a buffer
zone, as determined by the fire marshal, of
up to 200 feet around the perimeter of such
district. Streets, rights-of-way and other
open spaces not subject to building construc-
tion may be included in the buffer zone.
Floor area means the sum of the gross hori-
zontal areas of the several floors of a building,
measured from the exterior faces of exterior walls
or from the centerline of walls separating two at-
tached buildings. The required minimum floor
area within each district shall not apply to acces-
sory uses.
Garage, storage means a building or portion of a
building thereof designed or used exclusively for
the storage or parking of automobiles. Service
other than storage at such storage garage shall be
limited to lubrication, washing, waxing and pol-
ishing. When used for such a purpose, such prop-
erty may not be used in combination with any
other use, with the exception of mini -storage.
Guesthouse means living quarters within a de-
tached accessory building located on the same lot
with the main building for use by temporary
guests of the occupants of the premises, such quar-
ters having no kitchen facilities or separate utility
meters and not rented or otherwise used as a sep-
arate dwelling.
Hedge means a row of bushes or small trees
planted close together in such a manner as to form
a boundary or barrier.
Height of building means the vertical distance
from 12 inches above the crown of the fronting
road or natural grade at the building line, which-
ever is highest, to (i) the highest point of flat roof;
(ii) the deck line of a mansard roof; (iii) the av-
erage height between the eaves and ridge for
gable, hip and gambrel roofs. Measurement must
be in compliance with the 100 -year flood level, as
determined by the Federal Emergency Manage-
ment Agency.
Home occupation means any occupation con-
ducted entirely within a dwelling unit and car-
ried on by an occupant thereof, which occupation
is clearly incidental and secondary to the use of
the dwelling for dwelling purposes and does not
change the residential character thereof.
Hospital means a building or group of build-
ings, having room facilities for one or more over-
night patients, used for providing services for the
inpatient medical or surgical care of sick or in-
jured humans, and which may include related fa-
cilities, such as laboratories, outpatient depart-
ments training facilities, central service facilities
and staff offices; provided, however, that such re-
lated facility must be incidental and subordinate
to the main use and must be an integral part of
the hospital operations.
Hotel means a building in which lodging is pro-
vided and offered to the public for compensation
and in which ingress and egress to and from all
rooms are made through an inside lobby or office
supervised by a person in charge at all times. In
no event shall the number of efficiency units or
units with kitchen facilities exceed a maximum of
25 percent of the units per building. There shall
be a minimum of six guestrooms per building and
a minimum of 150 guestrooms per hotel. As used
in this definition, the term "guestrooms" means
those rooms intended or designed to be used or
which are used, rented or hired out to be occupied
or which are occupied for sleeping purposes by
guests.
CD110:9
§ 110-334
CAPE CANAVERAL CODE
(8) Retail stores using outside display areas,
provided the following are met:
a. The area of outside display shall not
exceed in size one-third of the enclosed
area of the principal structure.
b. The outside display area shall be con-
sidered the same as the floor area for
the purpose of calculating offstreet
parking, setbacks and lot coverage.
(9) New and used automobiles, major recre-
ational equipment and mobile home sales
or rentals with accessory services, subject
to the following:
a. All outside areas where merchandise
is displayed shall be paved.
b. All ingress and egress points to abut-
ting streets shall be marked clearly and
placed not closer than 150 feet apart
on the same street.
c. All servicing and repair activities, ex-
cept gasoline pumps shall be located in
an enclosed structure.
d. There shall be no storage of junked or
wrecked automobiles, other than tem-
porary storage not to exceed 30 days,
and these vehicles shall be in an en-
closed area and not be visible from out-
side the property.
e. Ingress and egress points shall not be
placed so as to endanger pedestrian
traffic.
(10) Single-family dwellings, two-family dwell-
ings, townhouses and multiple -family dwell-
ings; provided, however, there shall not be
more than 15 dwelling units per net resi-
dential acre. See requirements in the R-2
district in division 3 of this article. These
requirements apply to residential construc-
tion in the C-1 district.
(11) Commercial establishments for the storage
or parking of recreational vehicles, trailers
and trailerable items, provided it meets the
following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be obscured
from view by either walls, fences or
hedges.
c. Walls, fences and hedges must comply
with all city rules and regulations and
must be kept in good condition so as to
ensure obstruction from view.
(12) Public utility equipment; uses and rights-
of-way essential to serve the neighborhood
in which it is located.
(13) Theatres, drive-in theatres, photographic
studios, bookstores and dance studios, un-
less such uses fall within the scope and re-
strictions of section 10-86 et seq.
(14) Carwashes, including polishing, and sale of
related materials.
(Code 1981, § 637.51)
Sec. 110-335. Prohibited uses and structures.
In the C-1 low density commercial district, the
following uses and structures are prohibited:
(1) All uses not specifically or provisionally per-
mitted in this division.
(2) Any use which fails to meet performance
standards specifications as provided in sec-
tion 110-466.
(3) Bottle clubs.
(Code 1981, § 637.53)
Sec. 110-336. Area and dimensions.
In the C-1 low density commercial district, the
following areas and dimensions shall be required:
(1) Minimum lot area shall be as follows:
a. Service stations, hotels and motels,
12,000 square feet.
b. All other principal uses and structures,
5,000 square feet, and, in addition, the
ratio of gross floor area to lot area shall
not exceed 1.5:1.0.
(2) Minimum lot width shall be as follows:
a. Service stations, hotels and motels, 100
feet.
b. All other principal uses and structures,
50 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
CD110:40
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 19, 1998
7:00 P.M.
MINUTES
CALL TO ORDER: 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
City Treasurer, Andrea Bowers
Building Official, G. J. "Whitey" Moran
Recreation Director, Nancy Hanson
PLEDGE OF ALLEGIANCE:
PRESENTATION: Public Works Director, Ed Gardulski, presented a Ground Water, Water
Saving, Wastewater Education Package to Joy Salamone, Cape View
Elementary School Principal. He reported that the City of Cape
Canaveral purchased the video educational packet as participants in the
Water Environment Association Adopt a School Program. Ms.
Salamone expressed her appreciation to Mr. Gardulski and the City,
citing the importance of environmental education.
CONSIDERATIONS:
(Tape 1, 267) A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve the
Regular City Council Meeting Minutes of April 21, 1998, correcting Ms. Salamone's report
to reflect that the Cape View Elementary School Sprinkler System Volunteer Project is
scheduled for the third week in June rather than the first week in June. 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.
\\cape-nt\cityclerk\cityclk\minutes\regular\1998\05-19-98.doc
City Council Regular Meeting Minutes
May 19, 1998
Page 2
2. (Tape 1, 301) A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve the
Annual Audit Service Contract with Bray, Beck & Koetter in the amount of $25,000
extending the contract for three years. City Manager, Bennett Boucher, explained that the initial
contract was for three years and may be extended or let for bid. Wendy Knippel, audit manager,
was present and related that she is authorized to accept a three year contract. Council
commended the firm for their extended efforts on the Comprehensive Annual Financial Report
(CAFR). 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.
3. (Tape 1, 687) City Treasurer's Report and Quarterly Budget Transfers.
City Treasurer, Andrea Bowers, reported that revenues are being received above projections.
City Manager, Bennett Boucher, stated that contingency is currently more than $38,000 and the
available reserve balance as of the last audit is over $312,000. A motion was made by Mr.
Hernandez and seconded by Mr. Bruns to approve the Quarterly Budget Transfers. 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.
RESOLUTION:
4. (Tape 1, 1321) Resolution No. 98-12 was read by Mayor Randels.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING TWO REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT
BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Resolution No.
98-12, inserting the names Bertie Edwards and Larry Weber, with terms to expire on June 1,
2000. The resolution was approved 5-0, with voting as follows: Ms. Salamone, For, Mr. Bruns,
For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
PUBLIC HEARINGS
ORDINANCE — SECOND READING
5. (Tape 1, 1403) Mayor Randels read Ordinance No. 17-98 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 34, ENVIRONMENT, SECTION 34-97, DUTIES AND
RESPONSIBILITIES FOR MAINTENANCE, BY AMENDING THE REQUIREMENTS FOR
THE SCREENING AND FENCING OF DUMPSTER AREAS; ADOPTING DIMENSIONS
FOR ENCLOSURES AS APPENDIX A; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
\\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1998\05-19-98. doc
City Council Regular Meeting Minutes
May 19, 1998
Page 3
A motion was made by Mr. Petsos and seconded by Mr. Bruns to adopt Ordinance No. 17-
98. Ms. Salamone opined that the requirement for dumpsters to be placed on a concrete
pad is excessive. An amending motion was made by Ms. Salamone and seconded by Mr.
Petsos to remove the phrase "upon a concrete pad." There was no public comment.
An amending motion was made by Mr. Bruns and seconded by Mr. Hernandez to change
the Section 1 language to read, 34-97, (b)(2) Screening of service yards and dumpster area by
use of walls, fencing, planting or a combination of these on three sides with the open side
positioned away from public view when possible, and which meet the design requirements as
adopted in Appendix A of this Article referring to this section. There was no public comment.
The ordinance was approved 5-0 for second reading, with voting as follows: Ms. Salamone, For;
Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
The first amending motion passed 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 with voting as follows: Ms. Salamone, For; Mr. Bruns, For; Mr.
Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels, For.
DISCUSSION:
6. (Tape 1, 2025) Reuse Water Connection Policy for Phases II & III
City Manager, Bennett Boucher, explained that the policy including fees must be
established in order for staff to educate the public. He recommended maintaining the
current system considering the city's financial status and the $100,000 grant. Council
concurred to sustain the current rates and policy. City Attorney, Kohn Bennett,
explained that the current resolution provides for annual review of rates, therefore,
no amendments will be needed.
REPORTS
City Manager — Bennett Boucher
Mr. Boucher commended the Planning and Zoning Board and the Building Department for their
extensive efforts on the Comprehensive Plan Amendments.
Mr. Boucher reported that Mr. Kuzcek, owner of the Post Office property on Commerce Street,
related that the Post Office wants the city to take ownership of the street and assess the costs of
repairing the road. Mr. Boucher stated that the League of Cities attorney advised the city to merely
follow the State Statutes to develop the assessment procedures. Council concurred to pursue the
special assessment. City Attorney, Kohn Bennett, stated that the proposed deed is unacceptable as
submitted and will require a change. He further opined that the street should be built very close to
city specifications, not overbuilt.
Mr. Boucher requested that Council submit the Goals in writing by Friday, May 22, 1998. Ms.
Salamone opined that City Hall should be moved into another location rather than remodeled.
\\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1998\05-19-98. doc
City Council Regular Meeting Minutes
May 19, 1998
Page 4
Audience
• Jean Simoes, 603 Shorewood, queried if the city could do something about the merge signs on
528 at the port. She related that it is very confusing and dangerous because there is no warning
before the lanes merge. Mr. Boucher responded that the Department of Transportation controls the
signs and highway, however, we can send a letter.
• Ms. Simoes reported that a ship, the Topaz, has been docked at the port and running 24 hours for
days creating tremendous smog over the city. She queried if this is regular. Mr. Boucher responded
that the ship was being repaired and is an irregular event. However, the Local Planning Agency has
included comments in the Comprehensive Plan regarding emissions from ships.
• Ms. Simoes expressed concern that the abandoned house on the beach at the north end of the city
attracts transients. Mr. Boucher responded that Code Enforcement would be notified.
• Sue Wallace, resident, expressed concern that the city disallows skateboarding due to liability
issues but has no requirement for racquetball players to wear safety glasses. Recreation Director,
Nancy Hanson stated that the city encourages their use, but most public courts do not mandate
glasses.
City Clerk — Sandra Sims
No report.
City Attorney — Kohn Bennett
Mr. Bennett reported that he is prepared to send a contract to the seller of the Patriots' Park
property. The appraisal is $29,000 and the grant is $50,000. Nancy Hanson stated that the owner
was asking $60,000. Building Official, G.J. "Whitey" Moran, confirmed that the lot is buildable
because it is a nonconforming lot of record that requires adherence to the setbacks . Council
concurred to make a $30,000 offer.
Council Member — Joy Salamone
• Ms. Salamone thanked Mr. Petsos and Mayor Randels for their efforts to retain the courtesy
school bus service to children on the west side of A1A.
• Ms. Salamone encouraged Council to attend a School Benefit putting contest at the Washington
Mutual Bank on Friday May 29.
• Ms. Salamone stated that the Cape View sprinkler volunteer project could be deferred to July if
needed.
• Ms. Salamone stated that she would be unable to attend the next Council Meeting because she will
be out of the country, returning June 15.
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City Council Regular Meeting Minutes
May 19, 1998
Page 5
Council Member — Burt Bruns
No report.
Council Member — Tony Hernandez
• Mr. Hernandez reported that he joined John Porter's volunteer group planting mangroves along
Highway 520.
• Mr. Hernandez stated that while biking along North Atlantic Avenue he noticed a convenience
store with signs covering the windows and queried if it is allowed by our current ordinances. He
opined that an ordinance should be passed to disallow the signage if Florida Statutes are
insufficient. Mr. Bruns suggested that staff speak to the manager because they may be unknowingly
violating their own policies.
Mayor Pro Tem — Buzz Petsos
• Mr. Petsos related that the Space Coast League of Cities has brought up the subject of Sister City
relationships. He queried if we still have Sister Cities and with whom. The city has four Sister
Cities located in Italy, Greece, Portugal and Switzerland.
• Mr. Petsos stated that the referendum issue of candidate qualifying for open seats created by
resigning to run for the next election should be prepared for consideration on the next agenda.
• Mr. Petsos expressed disappointment that the city has received a letter from the Canaveral Port
Authority opining that there is no need for a joint meeting of the Council and Port
Commission.
• Mr. Petsos reported that the Canaveral Port Authority does want to join the city efforts to install
sand fencing on the beach.
• Mr. Petsos reported that the next beach sand renourishment project is scheduled for 1999.
• Mr. Petsos stated that the Patriots Park volunteer project should be scheduled as soon as
possible.
Mayor — Rocky Randels
Mayor Randels reported that he has met with Earl McMillin, a resident on Holman Road,
regarding the property owners taking ownership of the road from the county. He related that the
county has informed Mr. McMillin that the county could not deed the road the residents because it
is owned by the city. City Attorney, Kohn Bennett, stated that the must have a deed before it can
quit claim the street.
Mayor Randels reported that a new Destroyer, the USS Porter has been commissioned and may
select the Canaveral Port as its sister port with Norfolk, Virginia. If so, they will do volunteer
work for the city annually.
Mayor Randels reported on his trip with General Starbuck to Vanderberg Air Force Base in
California. He related that they are a counterpart for space launches. He also reported that the air
National Guard might reside at Patrick Air Force Base.
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City Council Regular Meeting Minutes
May 19, 1998
Page 6
8. Council concurred to submit written Goals & Objectives to the City Manager by Friday, May
22, 1998.
There being no further business, the meeting adjourned at 9:25 p.m.
Rocky Randels, MAYOR
Sandra Rozar Sims, CITY CLERK
\\CAPE-NT\cityclerk\CityClk\MINUTES\REGULAR\1998\05-19-98. doc
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Considerations
item
No.
6
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: LIBRARY LEASE AGREEMENT WITH BREVARD COUNTY
DEPT. /DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of the proposed amendments to the library lease agreement with
Brevard County.
Summary Explanation & Background:
Enclosed is the original lease agreement and the city attorney will have his comments available at the meeting.
Mrs. Stewart, County Library Director indicated that the new addition was the property of the city and this is
reflected in the agreement.
Please advise.
Exhibits Attached:
County letter of 05-19-998
City Manager's Office
Bennett C. Boucher
Department LEGISLATIVE
g:/admin/council/meeting/1998/06-16-98/library.doc
BREVARD County
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
BREVARD COUNTY LIBRARY SERVICES
Indian River Drive, Cocoa, FL 32922-7781, Telephone (407) 633-1801, Fax (407) 633-1798
980040-0521
DISTRIBUTION
Mayor X
City Council X
City Mgr. X
X City Atty.
Pub.Works Dir. X
Building Ofl.
Finance Dir.
May 19, 1998
Mr. Bennett Boucher, Manager
City of Cape Canaveral Finance Dir.
105 Polk Avenue
Cape Canaveral, FL 32920
Dear Mr. Boucher.
I am enclosing two (2) copies of the Amendment to Agreement for the Cape Canaveral Public Library.
This document is needed to bring your Agreement up-to-date with the Board of County Commissioners
because the Library has been renovated and enlarged.
Mrs. Isabel Matos-Escapa, Director of the Cape Canaveral Public Library, has been working with the other
County staff to prepare this Agreement and has shared this information with you and the local Library
Board.
The Board of County Commissioners will meet again on July 7, 1998, and I hope, if it is at all possible, to
have this signed Agreement on their agenda for that date. Please request that the City Council sign both
copies of the Agreement and return them to me. As soon as the Board of County Commissioners execute
the Agreement, one original copy will be returned to you.
If you have any questions concerning this Agreement, please contact me.
Sincerely,
Kathryn A. Stewart
Library Services Director
KS:jh
PRINTED ON RECYCLED PAPER
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this day of , 1998, by
and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a
political subdivision of the State of Florida, hereinafter referred to as "Board" and the CITY OF CAPE
CANAVERAL, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the parties have previously entered into an Agreement dated March 1, 1988, a
copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the City owns the original 9000 square foot facility within which the Cape
Canaveral Public Library is located; and
WHEREAS, the Board has constructed in conjunction with the City, a 6000 square foot
addition to the existing structure, for a total of 15000 square feet, hereinafter referred to as the
"Library Building" which is owned in its entirety by the City, and
WHEREAS, the parties hereto desire to set forth and define their respective duties and
responsibilities relating to the Library Building.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein
contained, the parties hereby agree as follows:
SECTION 1. That Paragraph 1 of the Agreement is amended to read:
The City leases to the Board for $1.00 per year the Library Building located at 201 Polk Avenue,
Cape Canaveral, Florida 32920.
SECTION 2. That Paragraph 2 of the Agreement is amended to delete the following
language:
A list of all materials (including books and media), furniture, equipment and other tangible property
given to the Board is appended hereto as Exhibit "A."
And to read:
The Board shall have control over all County -owned property for such time as this Agreement is in
effect.
SECTION 3. That Paragraph 3 of the Agreement is amended to read:
It is hereby mutually agreed and understood that the Board shall have primary control over the
operation and maintenance of the Library Building including, but not limited to, the collection and
disbursement of income attributable thereto, except for funds raised or earned by the City of Cape
Canaveral and the Friends of the Library. These funds shall remain under the control of those
organizations. The City Finance Director shall establish accounting procedures for control of these
funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the
library shall be held in a separate account and such funds shall be utilized solely for such purposes
as requested by the Library Director, and as approved by the Board or its designee.
C:\FROM G DRIVE\ADMIN\.LIBRARY\CCAMEND.WPD - KB\rb 5-6-98
1
SECTION 4. That Paragraph 6 of the Agreement is amended to read:
The Board shall not be obligated to replace the library structure or any library media, materials, or
furniture in the event of fire, theft or accidents which destroy library property. It being understood
that the City shall maintain, at its sole expense, hazard, liability and extended insurance on the
structure and its contents. However, the Board shall be responsible for any damage, personal injury
or death resulting from the negligence of any of its employees for any casualty, theft or accident
which destroys library property (structure and contents) or causes death or personal injury.
SECTION 5. That Paragraph 7 of the Agreement is amended to read:
The City agrees to provide a local Library Board to represent the interests of the public, to provide
for development and improvement of local library services, and to serve as an information resource
in planning local library service programs for discussion and review by the Brevard County Public
Library Board. This local board shall be implemented to facilitate the transmission of information
from the local community pertaining to the needs of the Cape Canaveral Library to the Brevard
County Library Board and the Library Services Director.
SECTION 6. That Paragraph 14 of the Agreement is amended to read:
Notice under this Agreement may be given to the County be sending written notice to the Office of
the County Manager, 2725 Judge Fran Jamieson Way, Viera, FL 32940.
SECTION 7. That all other terms and conditions of the Agreement dated March 1, 1988,
which is incorporated herein by this reference, not inconsistent with the provisions of the Amendment
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first
above written.
ATTEST:
Sandy Crawford, Clerk
STATE OF FLORIDA
COUNTY OF BREVARD
BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA
BY:
Helen Voltz, Chairman
As approved by the Board
CITY OF CAPE CANAVERAL
BY:
Dated: , 1998
The foregoing instrument was acknowledged before me this _day of ,
1998, by of the CITY OF CAPE CANAVERAL,
who is personally known to me or who has produced as identification.
Notary
C:\FROM G DRIVE\ADMIN\LIBRARY\CCAMEND.WPD - KB\rb 5-6-98
2
(SEAL)
Notary Name (typed, printed or stamped)
My Commission No.
My Commission Expires:
C:\FROM G DRIVE\ADMIN\LIBRARY\CCAMEND.WPD - KB\rb 5-6-98
3
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Considerations
Item
No.
7
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SCHOOL RESOURCE OFFICER AGREEMENT WITH THE CITY OF COCOA BEACH
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of this agreement that will provide 29% ($6,492.48) of the matching
cost of $22,387.89.
Summary Explanation & Background:
A representative from the Cocoa Beach Police Department will be in attendance to answer any questions or
concerns you may have about the program.
This will be incorporated within the 1998/99 budget.
I recommend approval.
Exhibits Attached:
Agreement
City Manager's Office
Bennett C. Boucher
Department LEGISLATIVE
g:/admin/council/meeting/1998/06-16-98/resource.doc
POLICE DEPARTMENT
City of Cocoa Beach, Florida
P.O. Box 322430
20 South Orlando Avenue
COCOA BEACH, FL 32932-2430
(407) 868-3333
FAX (407) 868-3239
980045-0601
DISTRIBUTION
Mayor X
City Council X
City Mgr. X
City Atty. X
Pub. Works Dir.
Building Off.
Finance Dir.
May 29, 1998
City of Cape Canaveral
Attn: City Manager Bennett Boucher
P.O. Box 326
Cape Canaveral, FL 32920-0326
Dear Mr. Boucher,
Enclosed is the School Resource Officer (SRO) Agreement for your review. This
Agreement is the same as the FY 97/98 Agreement with the exception of the adjusted
dollar amounts. I have also enclosed a spread sheet that showing the SRO Activity for
the past school calendar year. We believe the activity reflected in these numbers
warrants renewal of the contract.
If you have questions or concerns, please do not hesitate to call me at 868-3204.
Sincerely,
Bryan D. Holmes
Commander of Standards & Training
Cocoa Beach Police Department
AGREEMENT
THIS AGREEMENT, DATED by and between the CITY OF CAPE
CANAVERAL, hereinafter called CAPE CANAVERAL and the CITY OF COCOA
BEACH, hereinafter called COCOA BEACH.
WITNESSETH
WHEREAS, the Brevard County School Board has implemented the School Resource
Officer Program, and;
WHEREAS, the School Board shares the cost of implementing the program with the
Municipalities of Brevard County, and;
WHEREAS, Cocoa Beach and Cape Canaveral determine that the School Resource
Officer Program is in the best interest of the school system and both communities, and;
WHEREAS, Cocoa Beach and Cape Canaveral desire to share the cost of the School
Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach
Junior/Senior High School; and whereas the program would cover a period of not more
than 190 school year days, and;
NOW, THEREFORE, For good and valuable consideration CAPE CANAVERAL and
COCOA BEACH agree that the following terms, stipulations and covenants as outlined
herein and, by reference, made part hereof, shall govern the responsibilities of each party.
1. The agreement will commence on August 3, 1998 and will terminate
on May 21, 1999, unless further continued by mutual agreement of both
parties. By April 30, 1999, CAPE CANAVERAL and COCOA BEACH
will open discussions regarding renewal for the 1999-2000 school year.
2. CAPE CANAVERAL agrees to provide twenty-nine percent (29%) of the
municipalities share of the School Resource Officer's salary, benefits,
equipment, uniforms, and overtime during the term of this agreement. Per
the agreement between COCOA BEACH and the BREVARD COUNTY
SCHOOL BOARD, the municipalities pay fifty percent (50%) of the School
Resource Officer cost. For the contract period of August 3, 1998 through
May 21, 1999, payment will be $6,492.48 as outlined in Exhibit III. Payment
shall be made to COCOA BEACH in two equal installments of $3,246.24
according to the following schedule: February 15, 1998 and June 1, 1998,
subject to proration based on the date of implementation.
3. CAPE CANAVERAL has designated City Manager Bennett Boucher and
COCOA BEACH has designated the Cocoa Beach Chief of Police for the
purpose of implementing the terms of this agreement.
4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines
stipulated in the attached Exhibits I and II, which are attached hereto and, by
reference, made part hereof.
5. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL
and COCOA BEACH agree to indemnify and hold each other harmless
and free from liability, including the officers, agents or employees of said
parties while acting as such, from all claims, damages, injuries, fines, and
costs, including, expenses and attorney's fees which either party may
become obligated to pay resulting from or in any way connected to errors
or acts or omissions of employees of either party's performance relative to
the terms of this agreement.
6. COCOA BEACH shall not assign or transfer this agreement to any other
agency without the prior written permission of CAPE CANAVERAL.
7. Any change in the terms and conditions set forth in this Agreement must
be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH
and may be implemented only after this agreement has been amended in
writing.
8. The parties understand and agree that while the School Resource Officer
is rendering services provided for by this agreement, he/she remains an
employee of COCOA BEACH.
9. The parties understand and agree that the School Resource Officer will
comply with police policy/procedure and regulations when in uniform. The
SRO is required to be in uniform to execute all duties as required by the
school unless otherwise agreed upon by the school principal and the
Cocoa Beach Chief of Police.
10. If any of the terms or provisions hereof are in conflict with any applicable
statute or rule of law, then such provision shall be deemed inoperative to
the extent that it may conflict therewith and shall be deemed to be
modified to conform with such statute or rule of law.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by their duly authorized officers and agents the day and year first written above.
THE CITY OF COCOA BEACH,
FLORIDA
By:
Mark S. Eckert By:
City Manager
By:
Sandra O. Simms
City Clerk
ATTEST:
By:
Loredana Kalaghchy
City Clerk
Approved as to form and
legal sufficiency
By:
Bill Weller
City Attorney
ATTACHMENTS:
Exhibit I -Goals of SRO Program
Exhibit II -Guidelines of SRO Program
Exhibit III -Cost of SRO Program
THE CITY OF CAPE CANAVERAL,
FLORIDA
Bennett Boucher
City Manager
ATTEST:
EXHIBIT I
SCHOOL RESOURCE OFFICER PROGRAM
GOALS
1. To identify and prevent, through counseling and referral, delinquent behavior,
including substance abuse.
2. To foster a better understanding of the law enforcement function.
3. To develop positive concepts of law enforcement.
4. To develop a better appreciation of citizen rights, obligations, and
responsibilities.
5. To provide information about crime prevention.
6. To provide assistance and support for crime victims identified within the
school setting, including abused children.
7. To promote positive relations between students and law enforcement officers.
8. To enhance knowledge of the fundamental concepts and structure of the law.
9. To provide materials and consultative assistance to teachers and parents on
various law education topics.
10. To evaluate program effectiveness, the Chief of Police and the SRO will define
quantitative and qualitative measurements for each of the nine (9) goals listed
above within thirty days of the initiation of this agreement. Program
evaluation will occur on or before January 8, 1999, March 12, 1999, and a
final report prepared on or before May 21, 1999.
Evaluation will be based upon the following:
1.) Chief of Police (25%)
2.) City Manager (25%)
3.) Principal (20%)
4.) Staff and students (15%)
5.) Parents/SRO (15%)
EXHIBIT II
SCHOOL RESOURCE OFFICER PROGRAM
GUIDELINES
BREVARD COUNTY SCHOOL SYSTEM
1. The school resource officer (SRO) is employed by the City of Cocoa Beach Police and is
responsible to the Chief of Police. The SRO shall serve as an employee of the City of Cocoa
Beach.
2. The SRO shall be appointed by the Chief of Police. The school principal has the authority to
interview the SRO and may reject the Chiefs candidate without having to justify the rejection
to the Chief, his agents or employees.
3. If the SRO is a Cocoa Beach Police Officer, it shall be the responsibility of the City of Cocoa
Beach to provide all salary payments and benefits of the agency to the SRO. The School Board
and other parties part of the agreement shall reimburse the City for salary and fringe benefits
based upon the total amount stipulated in the agreement.
4. The SRO's normal assigned work year shall be the same as the normal teacher work year.
5. The SRO shall be assigned specifically to the Cocoa Beach Junior/Senior High School, five
days per week during the school year. Unless it is an extreme emergency, the officer will not
be called away from the school by the law enforcement agency.
6. At the conclusion of the school year, the SRO will be assigned other duties by the Chief of
Police.
7. The determination as to when the SRO will wear a uniform shall be defined by the Chief of
Police and the principal.
8. The SRO shall avoid making arrests on school grounds unless exigent circumstances.
9. At the request of the principal, the SRO may train school personnel in interview techniques,
investigation skills and related matters. At no time should the School Resource Officer
participate in a student disciplinary meeting without specific parental permission.
10. The SRO shall submit reports of activities to the school principal, the employing agency, and
the cost sharing parties on a monthly basis or as directed by the Chief of Police.
11. If the SRO witnesses an unacceptable activity on campus, the SRO will report the incident to
school administration. School Administration procedures shall be followed. If an arrest is
necessary, the SRO will be called to execute proper police procedure.
Page Two (2) SRO Guidelines
12. The principal may assign the SRO to supervise extracurricular events and chaperon field trips
or other school activities as proposed in the agreement, not to exceed the budgeted salary
compensation between the Brevard County School Board and the employing agency.
13. The SRO will integrate with students between class during lunch periods, between class breaks
and will patrol neighborhood areas after school, if necessary.
14. In accordance with the agreement, the SRO is encouraged to attend parent and faculty meetings
to seek input from parents and teachers to accomplish the goals of the SRO Program.
15. The SRO should be familiar with all community agencies which offer assistance to delinquent
youths such as: mental health clinics, drug treatment centers, etc., making suggestions to the
school principal as the officer deems necessary.
16. The SRO may, at the request of the principal or otherwise, take action against individual
trespassers who appear at school and related functions.
17. Should it become necessary to conduct formal police interviews with students, law
enforcement policy should be followed, parents notified and coordinated with the school
principal.
18. The SRO shall comply with provisions specified in Florida Statute 230.2318.
Officer Salary -1998/99 Cost Projection
Sgt. Steve Petro
Regular ($17.45/hr) $ 36,292.00
Budgeted 4% Salary Increase ($18.15/hr) - Oct. 1, 1998 $ 1,460.00
Subtotal - Salary $ 37 752.00
Holiday Pay (88 hours @ $18.15/hr) $ 1,597.20
Educational Incentive (Annual) $ 1,260.00
Uniform Allowance $ 200.00
Subtotal - Salary Benefits $ 40 809.20
Health Employee $ 2,156.16
Life Insurance $ 33.60
Pension -Police (22.2%) $ 9,059.64
Social Security (FICA/Medicare) (7.65%) $ 3,121.90
Worker's Compensation (7.99%) $ 3,260.65
TOTAL COST OF COMPENSATION ($224.77/day) $ 58,441.15
Cost of SRO for 190 Days @ $224.77/day $ 42,706.30
5% Overtime Based on 190 days (76 hours @ $27.23/hr) $ 2,069.48
TOTAL COST FOR CALENDAR SCHOOL YEAR (190 DAYS) $ 44,775.78
SCHOOL BOARD FUNDING (50% of 190 days) $ 22,387.89
MUNICIPALITIES FUNDING (Share 50% of 190 days)
COCOA BEACH (71 % of 190 days, plus remainder of year) $ 29,560.63
CAPE CANAVERAL FUNDING (29% of 190 days) $ 6,492.48
Note: The Municipal cost sharing is based on a total
student population of 1100 with 323 students residing
in the City of Cape Canaveral.
EXHIBIT III
COCOA BEACH POLICE DEPARTMENT
SRO ACTIVITY LOG
WK 1
8/11-15
WK 1
8/18-22
WK 3
8/25-29
WK 4
9/2-29
WK 5
9/8-12
WK 6
9/15-19
WK 7
9/22-26
WK 8
9/29-10/3
WK 9
10/6-10
WK 10
10/13-17
TOTAL 10
WK PERIOD
REPORTS:
Misdemeanor
WK 3
8/25-29
1
WK 10
10/13-17
2
TOTAL 10-WK PERIOD
3
Felony
Arrests
Caplas Requests
WK 2 8/18-22
1
WK 8 9/29-10/3
1
TOTAL 10 WK PERIOD
2
Students Not Registered
WK 1 8/11-15
7
TOTAL 10 WK PERIOD
7
CITATIONS:
Traffic
WK 4 9/2-29
4
TOTAL 10 WK PERIOD
4
Parking
WK 7 9/22-26
3
TOTAL 10 WK PERIOD
3
Verbal Warnings
WK 2 8/18-22
15
WK 3 8/25-29
4
WK 5 9/8-12
3
WK 10 10/13-17
3
TOTAL 10 WK PERIOD
25
ASSISTS:
School Staff
WK 2 8/18-22
2
WK 3 8/25-29
3
WK 4 9/2-29
3
WK 5 9/8-12
2
WK 6 9/15-19
2
WK 8 9/29-10/3
7
WK 9 10/6-10
2
TOTAL 10 WK PERIOD
21
CBPD
WK 5 9/8-12
1
TOTAL 10 WK PERIOD
1
Other Agencies
WK 8 9/29-10/3
1
WK 9 10/6-10
1
WK 10 10/13-17
2
TOTAL 10 WK PERIOD
4
COUNSELING:
Individual Student
WK 1 8/11-15
8
WK 3 8/25-29
4
WK 4 9/2-29
11
WK 5 9/8-12
10
WK 6 9/15-19
12
WK 7 9/22-26
8
WK 8 9/29-10/3
13
WK 9 10/6-10
7
WK 10 10/13-17
6
TOTAL 10 WK PERIOD
79
Small Group
WK 2 8/18-22
2
WK 3 8/25-29
2
WK 5 9/8-12
1
WK 6 9/15-19
3
WK 8 9/29-10/3
1
WK 9 10/6-10
2
TOTAL 10 WK PERIOD
11
Parents
WK 2 8/18-22
1
WK 3 8/25-29
2
WK 4 9/2-29
3
WK 5 9/8-12
6
WK 7 9/22-26
2
WK 8 9/29-10/3
2
WK 10 10/13-17
4
TOTAL 10 WK PERIOD
20
REFERRAL:
Agency
WK 1 8/11-15
2
WK 3 8/25-29
1
WK 4 9/2-29
2
WK 5 9/8-12
1
WK 8 9/29-10/3
2
WK 9 10/6-10
2
WK 10 10/13-17
1
TOTAL 10 WK PERIOD
11
Counselor
WK 4 9/2-29
1
WK 5 9/8-12
2
WK 6 9/15-19
1
WK 8 9/29-10/3
2
TOTAL 10 WK PERIOD
6
CLASSROOM HOURS:
Lecture
WK 2 8/18-22
16
WK 3 8/25-29
5
WK 4 9/2-29
2
WK 5 9/8-12
2
WK 10 10/13-17
1
TOTAL 10 WK PERIOD
26
Small Group Discussion
WK 2 8/18-22
2
WK 3 8/25-29
3
WK 6 9/15-19
2
WK 8 9/29-10/3
1
TOTAL 10 WK PERIOD
8
STUDENT SUPERVISION:
Lunch Periods
WK 1 8/11-15
3
WK 2 8/18-22
3
WK 3 8/25-29
3
WK 4 9/2-29
3
WK 5 9/8-12
3
WK 6 9/15-19
3
WK 7 9/22-26
3
WK 8 9/29-10/3
3
WK 9 10/6-10
3
WK 10 10/13-17
3
TOTAL 10 WK PERIOD
30
Class Changes
WK 1 8/11-15
7
WK 2 8/18-22
7
WK 3 8/25-29
3
WK 4 9/2-29
2
WK 5 9/8-12
7
WK 6 9/15-19
7
WK 7 9/22-26
7
WK 8 9/29-10/3
7
WK 9 10/6-10
7
WK 10 10/13-17
7
TOTAL 10 WK PERIOD
61
ATTENDANCE OF
SCHOOL ACTIVITIES:
WK 3 8/25-29
2
WK 4 9/2-29
1
WK 8 9/29-10/3
1
TOTAL 10 WK PERIOD
4
COCOA BEACH POLICE DEPARTMENT Joyce
SRO ACTIVITY LOG
WK 11 WK 12 WK 13 WK 14 WK 15 WK 16 WK 17 WK 18 WK 19 TOTAL 9 WK PERIOD
11/3-7 11/10-14 11/17-21 11/24-26 12/1-5 12/8-12 12/15-19
REPORTS:
Misdemeanor
WK 15 11/17-21
1
TOTAL 9 WK PERIOD
1
Felony
Arrests
Caplas Requests
WK 15 11/17-21
1
TOTAL 9 WK PERIOD
1
Students Not Registered
CITATIONS:
Traffic
Parking
WK 17 12/1-5
3
TOTAL 9 WK PERIOD
3
Verbal Warnings
WK 11
4
WK 12
7
WK 15 11/17-21
3
WK 16 11/24-26
3
WK 17 12/1-5
2
WK 18 12/8-12
2
WK 19 12/15-19
3
TOTAL 9 WK PERIOD
24
ASSISTS:
School Staff
WK 11
3
WK 12
2
WK 13 11/3-7
7
WK 14 11/10-14
1
WK 15 11/17-21
10
WK 16 11/24-26
3
WK 17 12/1-5
12
WK 18 12/8-12
3
TOTAL 9 WK PERIOD
41
CBPD
WK 15 11/17-21
1
TOTAL 9 WK PERIOD
1
Other Agencies
WK 13 11/3-7
2
WK 16 11/24-26
1
WK 19 12/15-19
1
TOTAL 9 WK PERIOD
4
COUNSELING:
Individual Student
WK 11
8
WK 12
6
WK 13 11/3-7
6
WK 14 11/10-14
7
WK 15 11/17-21
5
WK 16 11/24-26
6
WK 17 12/1-5
9
WK 18 12/8-12
10
WK 19 12/15-19
3
TOTAL 9 WK PERIOD
60
Small Group
WK 12
2
WK 13 11/3-7
1
WK 14 11/10-14
1
WK 15 11/17-21
1
WK 16 11/24-26
1
WK 17 12/1-5
1
TOTAL 9 WK PERIOD
7
Parents
WK 11
3
WK 13 11/3-7
2
WK 14 11/10-14
2
WK 15 11/17-21
6
WK 18 12/8-12
1
WK 19 12/15-19
1
TOTAL 9 WK PERIOD
15
REFERRAL:
Agency
WK 11
1
WK 14 11/10-14
2
WK 15 11/17-21
1
WK 18 12/8-12
1
WK 19 12/15-19
1
TOTAL 9 WK PERIOD
6
Counselor
WK 13 11/3-7
2
WK 14 11/10-14
1
WK 15 11/17-21
2
WK 16 11/24-26
1
TOTAL 9 WK PERIOD
6
CLASSROOM HOURS:
Lecture
WK 14 11/10-14
2
WK 15 11/17-21
2
TOTAL 9 WK PERIOD
4
Small Group Disscussion
WK 16 11/24-26
2
TOTAL 9 WK PERIOD
2
STUDENT SUPERVISION:
Lunch Periods
WK 11
3
WK 12
3
WK 13 11/3-7
3
WK 14 11/10-14
3
WK 15 11/17-21
3
WK 16 11/24-26
3
WK 17 12/1-5
3
WK 18 12/8-12
3
WK 19 12/15-19
3
TOTAL 9 WK PERIOD
27
Class Changes
WK 11
7
WK 12
7
WK 13 11/3-7
3
WK 14 11/10-14
3
WK 15 11/17-21
3
WK 16 11/24-26
7
WK 17 12/1-5
7
WK 18 12/8-12
7
WK 19 12/15-19
7
TOTAL 9 WK PERIOD
51
ATTENDANCE OF
SCHOOL ACTIVITES:
WK 17 12/1-5
2
WK 18 12/8-12
1
WK 19 12/15-19
1
TOTAL 9 WK PERIOD
4
COCOA BEACH POLICE DEPARTMENT
SRO ACTIVITY LOG
WK 20 WK 21 WK 22 WK 23 WK 24 WK 25 WK 26 WK 27 WK 28 WK 29
1/6-9 1/12-16 1/19-23 1/26-30 2/2-7 2/9-13 2/16-20 2/23-27 3/2-6 3/9-13
REPORTS:
Misdemeanor
Felony
WK 22 1/19-23
1
TOTAL 10 WK PERIOD
1
ARRESTS
WK 22 1/19-23
1
TOTAL 10 WK PERIOD
1
Capias Requests
WK 21 1/12-16
3
WK 29 3/9-13
1
TOTAL 10 WK PERIOD
4
Students Not Registered
CITATIONS:
Traffic
WK 29 3/9-13
2
TOTAL 10 WK PERIOD
2
Parking
WK 26 2/16-20
3
TOTAL 10 WK PERIOD
3
Verbal Warnings
WK 20 1/6-9
13
WK 21 1/12-16
21
WK 26 2/16-20
2
TOTAL 10 WK PERIOD
36
ASSISTS:
School Staff
WK 21 1/12-16
2
WK 23 1/26-30
1
WK 25 2/9-13
2
WK 26 2/16-20
2
WK 27 2/23-27
1
WK 28 3/2-6
1
WK 29 3/9-13
1
TOTAL 10 WK PERIOD
10
CBPD
WK 23 1/26-30
1
WK 25 2/9-13
2
WK 26 2/16-20
1
TOTAL 10 WK PERIOD
4
Other Agencies
WK 21 1/12-16
1
WK 29 3/9-13
1
TOTAL 10 WK PERIOD
2
COUNSELING:
Individual Student
WK 20 1/6-9
3
WK 21 1/12-16
3
WK 22 1/19-23
1
WK 23 1/26-30
3
WK 24 2/2-7
3
WK 25 2/9-13
2
WK 26 2/16-20
1
WK 28 3/2-6
2
TOTAL 10 WK PERIOD
18
Small Group
WK 21 1/12-16
4
WK 23 1/26-30
1
WK 24 2/2-7
1
WK 25 2/9-13
1
WK 27 2/23-27
4
WK 28 3/2-6
4
WK 29
3/9-13
2
TOTAL 10 WK PERIOD
17
Parents
WK 20 1/6-9
2
WK 21 1/12-16
6
WK 23 1/26-30
2
WK 24 2/2-7
1
WK 25 2/9-13
2
WK 26 2/16-20
4
WK 27 2/23-27
2
WK 28 3/2-6
1
WK 29 3/9-13
1
TOTAL 10 WK PERIOD
21
REFERRAL:
Agency
WK 24 2/2-7
1
WK 26 2/16-20
1
WK 27 2/23-27
1
TOTAL 10 WK PERIOD
3
Counselor
WK 22 1/19-23
2
TOTAL 10 WK PERIOD
2
CLASSROOM HOURS:
Lecture
WK 21 1/12-16
1
TOTAL 10 WK PERIOD
1
Small Group Disscussion
WK 22 1/19-23
1
TOTAL 10 WK PERIOD
1
STUDENT SUPERVISION:
Lunch Periods
WK 20 1/6-9
3
WK 21 1/12-16
3
WK 22 1/19-23
3
WK 23 1/26-30
3
WK 24 2/2-7
3
WK 25 2/9-13
3
WK 26 2/16-20
3
WK 27 2/23-27
3
WK 28 3/2-6
3
WK 29 3/9-13
3
TOTAL 10 WK PERIOD
30
Class Changes
WK 20 1/6-9
7
WK 21 1/12-16
7
WK 22 1/19-23
7
WK 23 1/26-30
7
WK 24 2/2-7
7
WK 25 2/9-13
7
WK 26 2/16-20
7
WK 27 2/23-27
7
WK 28 3/2-6
7
WK 29 3/9-13
7
TOTAL 10 WK PERIOD
70
ATTENDANCE OF
SCHOOL ACTIVITES:
WK 24 2/2-7
5.5
WK 25 2/9-13
4
WK 26 2/16-20
8
WK 27 2/23-27
10
TOTAL 10 WK PERIOD
27.5
COCOA BEACH POLICE DEPARTMENT
SRO ACTIVITY LOG
WK 30 WK 31 WK 32 WK 33 WK 34 WK 35 WK 36 WK 37 WK 38
3/16/20 3/23/27 3/30-4/3 4/6-4/10 4/13-4/17 4/20-4/24 5/4-5/8 5/11-5/15 5/18-5/21
REPORTS: SPRING
BREAK
Misdemeanor
WK 37 5/11-5/15
1
WK 38 5/18-5/21
1
TOTAL 38 WK PERIOD
6
Felony
TOTAL 38 WK PERIOD
1
Arrests
WK 32 3/30-4/3
2
WK 34 4/13-4/17
2
TOTAL 38 WK PERIOD
6
Capias Requests
WK 32 3/30-4/3
2
WK 34 4/13-4/17
2
WK 35 4/20-4/24
1
TOTAL 38 WK PERIOD
11
Students Not Registered
total 38 wk period
7
CITATIONS:
Traffic
TOTAL 38 WK PERIOD
6
Parking
TOTAL 38 WK PERIOD
9
Verbal Warnings
TOTAL 38 WK PERIOD
85
ASSISTS:
School Staff
WK 30 3/16/20
4
WK 31 3/23/27
3
WK 37 5/11-5/15
2
WK WK 38 5/18-5/21
2
TOTAL 38 WK PERIOD
83
CBPD
WK 36 5/4-5/8
1
TOTAL 7 WK PERIOD
7
Other Agencies
WK 30 3/16/20
1
WK 32 3/30-4/3
1
WK 34 4/13-4/17
1
TOTAL 38 WK PERIOD
13
COUNSELING:
Individual Student
WK 32 3/30-4/3
1
WK 36 5/4-5/8
3
total 38 wk period
161
Small Group
WK 32 3/30-4/3
1
WK 36 5/4-5/8
2
WK 37 5/11-5/15
3
WK 38 5/18-5/21
1
TOTAL 38 WK PERIOD
42
Parents
WK 31 3/23/27
1
WK 32 3/30-4/3
1
TOTAL 38 WK PERIOD
58
REFERRAL:
Agency
TOTAL 38 WK PERIOD
22
Counselor
WK 31 3/23/27
2
WK 34 4/13/-4/17
2
WK 36 5/4-5/8
1
WK 38 5/18-5/21
1
TOTAL 38 WK PERIOD
18
CLASSROOM HOURS:
Lecture
TOTAL 38 WK PERIOD
31
Small Group Disscussion
TOTAL 38 WK PERIOD
11
STUDENT SUPERVISION:
Lunch Periods
WK 30 3/16/20
3
WK 31 3/23/27
3
WK 32 3/30-4/3
3
WK 34 4/13-4/17
3
WK 35 4/20-4/24
3
WK 36 5/4-5/5
3
WK 37 5/11-5/15
3
WK 38 5/18-5/21
3
TOTAL 38 WK PERIOD
111
Class Changes
WK 30 3/16/20
7
WK 31 3/23/27
7
WK 32 3/30-4/3
7
WK 34 4/13-4/17
7
WK 35 4/20-4/24
7
WK 36 5/4-5/8
7
WK 37 5/11-5/15
7
WK 38 5/18-5/21
7
TOTAL 38 WK PERIOD
238
ATTENDANCE OF
SCHOOL ACTIVITES:
WK 34 4/13-4/17
4
WK 37 5/11-5/15
2.5
TOTAL 38 WK PERIOD
42
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Considerations
Item
No.
8
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DESIGNATION OF A VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES
CONVENTION
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council designate a voting delegate for the annual Florida League of Cities convention.
Summary Explanation & Background:
Per the Florida League of Cities by-laws, each city should select a voting delegate.
Please advise.
Exhibits Attached:
League information
City Manager's Office
Bennett C. Boucher
Department LEGISLATIVE
g:/admin/counciil/meeting/1998/06-16-98/league.doc
72nd Annual Conference
Florida League of Cities, Inc.
August 13-15,1998
Miami Beach, Florida
It is important that each member city sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By -Laws requires that each city select one person to serve as
the city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may
be properly identified.
Name of Voting Delegate:
Title:
City of
Designation of Voting Delegate
AUTHORIZED BY:
Rocky Randels
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
Or Fax to Gail Dennard at (850) 222-3806
FLORIDA LEAGUE CITIES, INC.
Memorandum
TO: City Managers/City Clerks
FROM: Michael Sittig, Executive Director (Initital-Michsittin
DATE: June 1, 1998
SUBJECT: 72nd Annual Conference — FL Cities — Pathways to Progress
VOTING DELEGATE AND RESOLUTION INFORMATION
August 13-15, 1998 — Fontainebleau Hilton Hotel
As you know, the Florida League of Cities' Annual Conference will be held at the
Fontainebleau Hilton Hotel on August 13-15. This year's theme, FLCities — Pathways To
Progress, will provide valuable educational opportunities to help Florida's city officials
serve their citizenry more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken
during the business meeting. One official from each city will make decisions that
determine the direction of the League.
Registration materials have already been sent to each city. Call us if you need more. We
have attached the procedures your city should follow for presenting resolutions to the
League membership. Should you have any questions or need additional information,
please feel free to call Drew Smith or Kelvin Robinson at Suncom 278-5331 or 1-800-342-
8112.
MS:bcs
Attachments: Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
[Handwriting-illegible/unread]
301 South Bronough Street ♦ Post Office Box 1757 * Tallahassee, FL 32302-1757
Telephone (850) 222-9684 • Suncom 278-5331 • Fax (850) 222-3806 ♦ Internet: http://fcn.state.fl.us/fic/
Procedures for Submitting Resolutions
72nd Annual Convention
Florida League of Cities, Inc.
August 13-15, 1998
Miami Beach, Florida
In order to fairly systematize the method for presenting resolutions to the League membership, the following
procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30
days prior to the first day of the annual conference.
(2) Proposed resolution will be rewritten for proper form, duplicated by the League office and distributed to
members of the Resolution Committee at least 15 days prior to the first day of the annual conference.
(Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential
subject matter in a single resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference;
however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the conference without prior
committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted
vote of a majority of members present will be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy
committee. Such proposals will not be considered by the Resolution Committee at the conference;
however, all state legislative issues will be by the standing policy committees and the Legislative
Committee prior to the membership at the annual Legislative Conference each fall. At that time, a state
Legislative Policy Statement will be adopted.
Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter
to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof
In as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in
anticipation of receipt of the formal resolution.
IMPORTANT DATES
June 4
Votice to Local League Presidents and Municipal
Associations Requesting Nominees to the
Zesolutions Committee
July 6
Appointment of Resolutions Committee Members
July 13
deadline for Submitting Resolutions to the
League Office
VotingDelegate.doc
July 31
Resolutions Mailed to Resolutions Committee
August 13
League Standing Committee Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 15
Immediately Following Luncheon — Pick Up
Voting Delegate Credentials Followed by
Annual Business Session
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Considerations
Item
No.
9
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ENGINEERING INSPECTION SERVICES FOR REUSE PHASES II AND III
DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS
Requested Action:
That the City Council consider the approval of the inspection services as follows:
Phase If - $22,550
Phase III - $16,484
And as recommended by the public works director.
Summary Explanation & Background:
See the public works director's memo of 06-11-98 and the attached scope of services. This will be a sewer
impact fee appropriation.
I also do not agree with the public works director's recommendation of spending an additional $3,960 to assist
local homeowners on the location of the service box. I strongly believe that our staff needs to interact with the
residences and not create another layer or bureaucracy in addressing the homeowners.
I recommend approval.
Exhibits Attached:
Public Works Director's memo of 06-11-98; Scope of Services
City Manager's, Office
Department WATER RECLAMATION/PUBLIC
WORKS
g:/admin/council/meeting/1998/06-16-98/engineering.doc
MEMORANDUM
DATE: June 11, 1998
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
RE: Contract Approval of Inspection Service
RFP no. 98-07
The City of Cape Canaveral advertised for Engineering
Inspection Services for phase II and III of the City's Reclaimed
Water Construction project. RFP no 98-07 was published in the
Orlando Sentinel, Brevard Extra once on Tuesday, May 5, 1998.
Proposals were accepted until 3:00 on May 12. On May 26, 1998 at
1:00 p.m., the Selection Committee reviewed the proposals at an
open meeting held at the City Hall Annex. The ranking of the
three engineering firms was presented to City Council on June 2.
City Council approved the ranking and allowed City Staff to
proceed with negotiations of a contract with the firm selected as
number one, Quentin L. Hampton & Associates.
Attached is a copy of the scope of services contract for
administration and inspection services for the City reclaimed
water system improvements. The following is a summary of the
cost of these services:
Phase II
Phase III
Total
Contract Administration
$ 8,100
$ 6,070
$14,170
Resident Inspection
$10,800
$ 7,344
$18,144
As -Built Preparation
$ 3,650
$ 3,070
$ 6,720
Total
$22,550
$16,484
$39,034
An additional option for service for each phase is available
for the Site Inspector to establish service location for
individual customers. It would be in the best interest of the
City to allow the on Site Inspector to coordinate the service
installation. This activity will insure that the construction
contractor will not encounter any delays as the result of the
City's non-performance in establishing service locations.
Recommend the approval of the contract with Quentin L.
Hampton & Associates and the additional option as provided in the
contract agreement.
Attachment
CC: Sandra Sims, City Clerk
SCOPE OF SERVICES
CONTRACT ADMINISTRATION AND INSPECTION
RECLAMIED WATER SYSTEM IMPROVEMENTS
Construction Administration and Observation
1. During the construction phase the Consultant shall.
a. Conduct a preconstruction conference with the Contractor, Subcontractors and
City.
b. Consult with and advise the City regarding the administration of the construction
contract. The Public Works Director shall be the Project Administrator for this
contract.
c. The Construction Project Manager shall observe the progress and quality of the
construction and its gcneral cnrtfnrmance with the Contract )Documcmts; notify the
City of observed work which docs not conform to the Contract Documents and
make recommendations to the City for its correction; and, when authorized by the
City, instruct the Contractor to carry out the corrective measures.
d. The Construction Project Manager shell prepare change orders required for
correction or minor modifications to the Contract Documents for submittal to the
City. The Construction Project Manager shall prepare supplementary sketches
required to resolve field condition problems.
e. Shop drawings shall be reviewed by the Design Engineer. The construction project
manager shall utilize those reviewed shop drawings in the performance of his
work.
f. The Construction Project Manager will review laboratory, shop and mill test
reports on materials and equipment.
g. The Construction Project Manager shall coordinate and organize test reports of the
testing program to document that the quality of work and the performance of the
Contractor meets the conditions of the Contract Documents.
h. The Construction project Manager will attend weekly or as called progress
meetings with the Contractor, review the Contractor's applications for payment and
the accompanying data and schedules. recommend the amounts owed to the
Contractor, and transmit them to the City for final review and approval.
i. The Construction Project Manager shall issue instructions from the City to the
Contractor.
C:\My Document\CONTRACT\cape canaveral inspection.wpd
JUN. - 11'98 (WED) 10:29 QENTIN L HAMPTON ASSOC TEL: 904 761 3977 P. 001
SCOPE OF SERVICES
PAGE 2
The Construction Project Manager shall observe construction operations during the
Project and ascertain that performance tests required by the specifications are being
conducted.
k. The Construction Project Manager shall conduct final site visits in conjunction with
the city to determine if the work has been completed lra substantial accordance with
the Contract Documents and if the Contractor has fulfilled his obligations
thereunder, recommend that the City make final payment to the Contractor and
release retained percentages, if any.
l. The Construction Project Manager shall insure that the Contractor provide 0110
complete set of reproducible record drawings to the City incorporating significant
changes made during construction. They shall be based on as-builts furnished to
the Consultant by the Contractor and Contractor's Surveyor and additional work
provided by the Consultant.
2. The Consultant shall not be responsible for the acts or omissions of the City or the
Contractor or any Subcontractor, or any of the City's Contractors', or Subcontractors'
agents or employees performing any of the work of the project, or any other person except
his own employees or agents, The Consultant shall not be responsible for construction
means, methods, techniques, sequences, or procedures, or for safety precautions and
programs in connection with the work, and he shallnot be responsible for the Contractor's
failure to carry out the work in accordance with the Contract Documents.
Resident Services During Construction
1. A Resident Project Representative will be furnished, and will act as directed by the
Consultant to assist the Consultant in observing performance of the work of the
Contractor.
2. Through more extensive on-site observations of the work in progress and field checks of
materials and equipment by the Resident Project Representatives, the Consultant shall
endeavor to provide further protection for the City against defects and deficiencies in the
work by the Contractor, but the furnishing of such Resident Project Representatives will
not make the Consultant responsible for construction means, methods, techniques,
sequences or procedures or for the safety precautions or programs, or for the Contractor's
failure to perform the work in accordance with the Contract Documents. The Consultant
shall remain liable for his negligence in carrying out his duties under construction,
administration and observation.
C:\My Documents\CONTRACT\cape canaveral inspection.wpd
JUN - 11 (WED) 10:29 QENTION L HAMPTON ASSOC TEL: 904 761 3977 P.002
SCOPE OF SERVICES
PAGE 3
3. The Resident Project Representative shall be the Consultant's primary liaison with the
Contractor and shall work principally with Contractor's on-site superintendents. The
Resident Project Representative shall not:
a. Authorize any deviation from the Contract Documents nor approve any substitute
materials or equipment without the approval of the City.
b. Undertake any of the responsibilities of the Contractor, Subcontractor, or their
superintendents, or expedite work for them.
c. Advise on, give directions relative to, or assume control over any aspect of the
means, methods, techniques, sequences, or procedures of construction unless
specifically called for in the Contract Documents.
d. Advise on, give directions relative to, or assume control over any safety
precautions or programs in connection with the work.
4. The Resident Project Representative shall be a person assigned by the Consultant and
approved by the City.
5. The Resident project Representative shall be present at the construction site for such times
as are necessary to properly observe all phases of construction. The Consultant may
remove the Resident Project Representative from the construction, site(s) with the City's
concurrence if the Construction Contractor is inactive for an extended period of time.
b. Maintain a daily log depicting general construction activity, manpower, equipment,
deliveries, substantial deviations to the project and submit logs to the city on, a weekly
schedule.
7. a. prior to the City issuing a certificate of substantial completion advise the City of
outstanding items and issue the punch list to the Contractor.
b. Review the outstanding items and conduct a field investigation with the City for
assurance the outstanding items have been addressed and corrected prior to the city
issuing Final Completion.
8. a. Notify the City immediately if the Resident Project Representative believes the
Contractor is not adhering to the Contract Documents or work appears to be
unsatisfactory or defective in nature.
C:\My Documents\CONTRACT\cape canaveral inspection.wpd
JUN - 11 '98 (WED) 10:30 QENTIN L HAMPTON ASSOC TEL: 904 761 3977 P.003
SCOPE OF SERVICES
PAGE 4
b. Inform the Contractor and report to the City when the Contractor Commences with
work without approval of the applicable shop drawing.
Compensation
Construction Administration -and Observation-- Phase II
We proposed the following manpower schedule for construction adtuinistration and observation.
Description Man Hours Rate Cost
Construction Project Manager 75 $70 $5,250
Director Construction Services 50 $43 $2,150
Administrative Aide 25 $28 $ 700
Subtotal (Construction Adgtinistration $8,100
and Observation) -Phase 11
Resident Service During Construction-Phase II
We propose the following manpower schedule for resident inspection services during
construction.
Description Mangy Hours Rate Cost
Construction Project Representative 300 $36 $10,800
Subtotal (Resident services during $10,800
coustruction)-Phase II
C:\My Documents\CONTRACT\cape canaveral inspection wpd
JUN 11- 98 (WED) 10:30 QENTIN L HAMPTON ASSOC TEL: 904 761 3977 P.004
SCOPE OF SERVICES
PAGE 5
Final Prmaration of City "As -Built" Drawings-Phase II
We proposed the following manpower schedule
Description
Drafting Techician
Construction Project Representative
Project Manager
Subtotal "As -Built" Drawings -Phase II
Man Hours
Rate
Cost
70
$43
$3,010
10
$36
$360
4
$70
$280
$3,650
Construction Administration and Observation- Phase III
We proposed the following manpower schedule for construction administration and observation.
Description Man Hours Rate Cost
Construction Project Manager 50 $70 $3,500
Director Construction Services 50 $43 $2,150
Administrative Aide 15 $28 $420
Subtotal (Construction Administration $6,070
and Observation) -Phase III
Resident Service During Construction-Phase III
We propose the following manpower schedule for resident inspection
construction.
Description Man Hours Rate Cost
Construction Project Representative 204 $36 $7,344
Subtotal (Resident services during $7,344
construction) -Phase III
C:\My Documents\CONTRACT\cape canaveral inspection wpd
JUN- 11'98 10:30 QENTIN L HAMPTON ASSOC TEL: 904 761 3977 P. 005
SCOPE OF SERVICES
PAGE 6
Final Preparation of City "As Built" Drawines-Phase III
We proposed the following manpower schedule
Description Man Hours Rate Cost
Drafting Technician 50 $43 $2,150
Construction project Representative 10 $36 $360
Project Manager 8 $70 $560
Subtotal "As -Built" Drawings-Phase III $3,070
Total Project Costs-Phase II and III
Phase II
Contract Administration
$ 8,100.00
$6,070.00
TOTAL
$14,170.00
Resident Inspection
$ 10,800.00
$ 3,344.00
TOTAL
$18,144.00
As -Built Preparation
$ 3,650.00
$3,070.00
TOTAL
$6,720.00
TOTAL
$22,550.00
$16,484.00
$39,034.00
Additional Services-Phase II
Utilize projec inspector to establish service locations for individual customers.
Description Man Hours Rate Cost
Project Representative 60 $36 $2,160
Subtotal Addintional Services-Phase II $2,160
C:\My Documents\CONTRACT\cape canaveral inspection wpd
JUN- 11'98 (WED) 10:39 QENTIN L HAMPTON ASSOC TEL: 904 761 3977 P. 001
SCOPE OF SERVICES
PAGE 7
Additional Services-Phase III
Utilize project inspector to establish service locations for individual customers.
Description Man Hours Rate Cost
Project Representative 50 $36 $1,800
Subtotal Additional Services -Phase III $1,800
This proposal assumes 4 hours per day staffing by the project representative for a 6 month
duration project, The rate includes mileage cost. The rate assumes a contractor supplied cellular
telephone for the use of the project representative, if this is not the case, then this cost would be
billed as a miscellaneous expense. If the contract time is extended beyond six months, additional
inspection time may be required. Compensation for that time would require a contract
amendment.
Prepared by:
QUENTIN L. HAMPTON ASSOCIATES, INC.
-Consulting Engineers -
June 10, 1998
C:\My Documents\CONTRACT\cape canaveral inspection wpd
JUN- 10 '98 (TUE) 16:09 QUENTIN L HAMPTON ASSOC TEL: 904 761 3977 P. 008
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Resolutions
item
No.
10
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 98-16, APPOINTMENT OF AN ALTERNATE MEMBER TO THE
BEAUTIFICATION BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider the appointment of Jean Simoes as a second alternate member of the
Beautification Board.
Summary Explanation & Background:
This term will expire on November 1, 2000.
Please advise.
Exhibits Attached:
Resolution No. 98-16; Application
City Manager's Office
Bennett C. Boucher
Department LEGISLATIVE
g:/admin/council/meeting/1998/06-16-98/98-16.doc
RESOLUTION NO. 98 -16
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING A SECOND ALTERNATE
MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE
CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance
No. 11-68 created a Board known as the Beautification Board of the City of Cape Canaveral,
Florida; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to appoint a Second Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Jean Simoes is hereby appointed as a Second Alternate member of the
Beautification Board of the City of Cape Canaveral, Florida, with a term to expire on November
1 2000.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day
June, 1998.
Rocky Randels, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
Copies: City Council
Appointee
Beautification Chair
Beautification Secretary
G:\CityClk\Resolutions\BOARDS\Appointrnents\Beautification.doc
FOR AGAINST
Burt Bruns
Tony Hernandez
Buzz Petsos
Rocky Randels
Joy Salamone
PLEASE COMPLETE BOTH SIDES OF APPLICATION $ORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
Applicant Name: Jean Simoes Home Telephone: 783-5246 [will be available for interview]
Home Address: 603 Shorewood Drive # 305
Business: ORHS Business Telephone: 407-649-9111 Ext-1898
Office Address: Orlando
Brief Description of Education and Experience: RN, Master's prepared
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
-e 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 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 priorto July 15th of each
year following the initial appointment while still a member of said Board.
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Discussion
Item
No.
11
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 20-98, SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF
ADJUSTMENT
DEPT./DIVISION: P&Z/GROWTH MANAGEMENT
Requested Action:
That the City Council consider the proposed amendment to Code Section 110.334 as recommended by the
Planning & Zoning Board.
Summary Explanation & Background:
The P&Z Board recommended this amendment at their 05-13-98 meeting. See attached staff report and existing
land use map. This proposed amendment would delete the allowance of residential construction within the C-1
zoning district by special exception.
Please advise.
Exhibits Attached:
Staff report of 05-27-98; Ordinance No. 20-98; Existing Land Use Map
City Manager's office
Bennett C. Boucher
Department P&Z/GROWTH MANAGEMENT
g:/admin/counciil/meeting/1998/06-18-98/20-98.doc
ORDINANCE NO. 20-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CODE SECTION
110-334, SPECIAL EXCEPTIONS PERMISSIBLE BY BOARD OF
ADJUSTMENT, OF THE CODE OF CAPE CANAVERAL,
FLORIDA, PROVIDING FOR THE DELETION OF RESIDENTIAL
CONSTRUCTION IN THE C-1 ZONING DISTRICT; 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. Subparagraph (10) of paragraph (c) of Section 110-334, Special
Exceptions Permissible by Board of Adjustment, is hereby deleted in its entirety, and
the following is adopted in lieu thereof:
(c)(10) (Reserved)
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.
City of Cape Canaveral
Ordinance No. 20-98
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, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
First Reading:
Posted:
Published:
Second Reading:
G:\CityClk\Ordinances\Special Exceptions.doc
City of Cape Canaveral
STAFF REPORT
May 27, 1998
TO: Bennett Boucher, City Manager
FROM: Steven E. Bapp, Planning and Zoning Technician [Intital-SEB]
Re: P & Z Meeting, 5-13-98.
A regular meeting of the Cape Canaveral Planning and Zoning Board was held on 5-13-
98. The Board recommended the following ordinances for approval:
Board recommended approval for a new definition of fence: Fence means a
structure forming a physical barrier, which is constructed of wood, or a similar
lightweight building material
(Reason: Current definition does not allow for the stockade fence (most common type).
This definition will also prevent a permanent, solid, block or concrete wall from being
classified by a landowner as a fence.)
[ORD #20-98] 2. Board recommended the deletion of Sec 110-334 (10), use of R2/R3 in a C-1
Zoning District. Delete the following section from the Code of Ordinances:
Single-family dwellings, two-family dwellings, townhouses and multiple-family
dwellings' provided, however, there shall not be more than 15 dwelling units per
net residential acre. See requirements in the R-2 district in division 3 of this
article. These requirements apply to residential construction in the C-1 district.
(Reason. This will eliminate 'spot zoning' within C1 districts, and keep with the intent of
the development of the A1A/Astronaut Blvd. Corridor.)
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 1407) 868.1200 • FAX (407) 799-3170
§ 110-334
CAPE CANAVERAL CODE
(8) Retail stores using outside display areas,
provided the following are met:
a. The area of outside display shall not
exceed in size one-third of the enclosed
area of the principal structure.
b. The outside display area shall be con-
sidered the same as the floor area for
the purpose of calculating offstreet
parking, setbacks and lot coverage.
(9) New and used automobiles, major recre-
ational equipment and mobile home sales
or rentals with accessory services, subject
to the following:
a. All outside areas where merchandise
is displayed shall be paved
b. All ingress and egress points to abut.
ting streets shall be marked clearly and
placed not closer than 150 feet apart
on the same street.
c. All servicing and repair activities, ex-
cept gasoline pumps shall be located in
an enclosed structure.
d. There shall be no storage of junked or
wrecked automobiles, other than tem.
porary storage not to exceed 30 days,
and these vehicles shall be in an en-
closed area and not be visible from out-
side the property.
e. Ingress and egress points shall not be
placed so as to endanger pedestrian
traffic.
(11) Commercial establishments for the storage
or parking of recreational vehicles, trailers
and trailerable items, provided it meets the
following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be obscured
from view by either walls, fences or
hedges.
c. Walls, fences and hedges must comply
with all city rules and regulations and
must be kept in good condition so as to
ensure obstruction from view.
(12) Public utility equipment; uses and rights-
of-way essential to serve the neighborhood
in which it is located.
(13) Theatres, drive-in theatres, photographic
studios, bookstores and dance studios, un-
less such uses fall within the scope and re-
strictions of section 10-86 et seq.
(14) Carwashes, including polishing, and sale of
related materials.
(Code 1981, § 637.51)
Sec. 110-335. Prohibited uses and structures.
In the C-1 low density commercial district, the
following uses and structures are prohibited:
(1) All uses not specifically or provisionally per-
mitted in this division.
(2) Any use which fails to meet performance
standards specifications as provided in sec-
tion 110-466.
(3) Bottle clubs.
(Code 1981, § 637.53)
Sec. 110.336. Area and dimensions.
In the C-1 low density commercial district, the
following areas and dimensions shall be required:
(1) Minimum lot area shall be as follows:
a. Service stations, hotels and motels,
12,000 square feet.
b. All other principal uses and structures,
5,000 square feet, and, in addition, the
ratio of gross floor area to lot area shall
not exceed 1.5:1.0.
(2) Minimum lot width shall be as follows:
a. Service stations, hotels and motels, 100
feet.
b. All other principal uses and structures,
50 feet.
(3) Minimum lot depth shall be 100 feet.
(4) Maximum lot coverage shall be 50 percent.
CD110:40
Planning & Zoning Board
Meeting Minutes
March 11, 1998
Page 4
2. Discussion Re: 6 ft. Hiqh Stockade Fences.
Vice Chairperson Russell advised that this discussion item was brought to him as
a concern from the Building department. He explained that fences and walls
were defined in the code of ordinances as the same. However, there were
distinctive differences.
He explained that the standard basic stockade fence is 6 ft. high, solid, made of
wood and is in violation of the city code because it is not 50 percent open to air
and light. He advised that the city needed to amend the code to allow them.
Discussion followed regarding fences, walls and hedges.
The Board requested that city staff draft an amendment to the ordinance to allow
6 ft. high stockade fences by removing the 50 percent open to air and light
requirement.
3. Discussion Re: Properties Considered for Proposed C-2 Zoning District.
Vice Chairperson Russell suggested that the Board take it upon themselves to go
ahead and rezone those properties indicated as C-2 on the future land use map.
He explained that if the city waited for the property owners to change their
zoning, it would not be done consistently. Mr. Nicholas reminded the Board
members that this request was brought to the city by one property owner which
had prompted the city to create the C-2 zoning district. Since that property owner
no longer had prospective tenants interested in his property, the owner did not
care if the City changed the zoning. Mr. Russell pointed out that the C-2 zoning
ordinance was created to add and encourage additional uses to those properties.
(The Board did not come to a conclusion regarding this discussion item).
4. Discussion Re: Special Exception for Residential Use in the C-1 Zoning
District.
Vice Chairperson Russell advised that this allowance had been in place for
approximately 15 years. The owners of these properties pay property taxes
based on commercial land use. He asked that the city give consideration to
eliminate the special exception in the C-1 zoning district. He advised that
eventually, the commercial corridors will be mostly residential and not the
commercial uses that the city had intended.
Planning & Zoning Board
Meeting Minutes
March 11, 1998
Page 5
Mr. Nicholas commented that the ordinance had been abused over the years and
he had no objection to removing the residential use by special exception. Mr.
Bergen voiced his opinion that special exceptions were considered spot zoning.
After discussion, the Board requested that city staff draft an ordinance to
eliminate new special exceptions for residential use in the C-1 zoning district.
There being no further business, the meeting was adjourned at 9:40 P.M.
Approved on this 8th day of April , 1998.
Beatrice McNeely, Chairperson
Susan L. Chapman, Board Secretary
Planning & Zoning Board
Meeting Minutes
May 13, 1998
Page 4
The Board members reviewed the proposed ordinance. City Manager Boucher
explained that the existing code did not include definitions of "existing grade" or
"Finish grade". Mr. Boucher explained that there was some question recently
regarding measuring building height. Attorney Goldman advised that staff was
also recommending rewording definitions for "height of building" and "fences" to
clarify the terms.
Chairperson McNeely pointed out that the existing definition of fences did not
allow the installation of a standard 6 ft. high stockade fence. Mr. Russell added
that there existed several of these standard fences erected around the city and
amending the definition would bring them into compliance.
Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval to
amend Section 110-1, Definitions, as presented. Vote on the motion carried
unanimously.
5. Discussion & Recommendation Re: Amending Section 110-334 Special
Exceptions Permissible by the Board of Adjustment by Deleting
Residential Construction in the C-1 Zoning District
The Board members reviewed and compared the city's existing zoning map
along with an existing land use map prepared by city staff. Mr. Bapp advised that
the city attorney prepared a proposed ordinance as per the Board's previous
discussion to recommend deleting residential use by special exception in
commercial zoning districts.
Mr. Bapp depicted properties currently developed as residential in the existing
C-1 zoning districts. He explained that the proposed ordinance would eliminate
all future construction of residential in the C-1 zone. The Board members
compared the two maps. Attorney Goldman advised that by changing the
ordinance, the city would be making the existing residential uses in C-1 non-
conforming and if more than 50% of the property is destroyed, the property could
not be re -developed as residential.
Vice Chairperson Russell explained that previous to the zoning map being
adopted, some property owners along A1A desired to develop their properties as
residential. The city created the zoning districts using natural boundaries as a
guide. It was the city's desire to develop the 1 st blocks along A1A as commercial.
Planning & Zoning Board
Meeting Minutes
May 13, 1998
Page 5
Mr. Russell continued to explain that residential use by special exception had
been created for those property owners who wanted to build residential units in
that area. Through the years, residential units have been developed in the C-1
zoning districts throughout the city. He questioned if the city wanted to continue
to allow residential uses encroaching into the C-1 zoning district. The Board
recently had this discussion and decided to eliminate residential by special
exception in the C-1 zone. He advised that the city needed to protect the C-1
zoning districts otherwise, the character of the city's main thoroughfares will be
changed to residential. He noted that the residents residing in the commercial
zoning districts were paying commercial tax rates.
The Board members reviewed and discussed the existing areas developed as
residential along N. Atlantic Avenue along with the different types of commercial
existing uses. After discussion, by consensus, it was the Board's desire to
eliminate residential use by special exception. Mr. Nicholas pointed out that
there were many residential special exceptions granted but never developed
therefore, adding value to the properties for selling purposes. It was the Board's
desire to develop the properties along the city's main thoroughfares as they were
currently zoned.
Motion by Mr. Russell, seconded by Mr. Bergen to recommend approval of the
proposed ordinance to City Council to eliminate construction for residential use in
the C-1 zoning district. Vote on the motion carried unanimously.
Audience Comments:
Mr. Wayne Jefferys, resident, voiced his concern regarding dumpsters not being
properly screened and dumpster areas not being properly maintained. He had
submitted written complaints to the city with no response. City Manager Boucher
suggested that Mr. Jefferys meet with him regarding his concerns.
There being no further business, the meeting was adjourned at 9:45 P.M.
Approved on this day of ,1998.
Beatrice McNeely, Chairperson
Susan L. Chapman, Board Secretary
Meeting Type: Regular
Meeting Date: 06-16-98
AGENDA
Heading
Discussion
Item
No.
12
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 discuss the type of tree grading to be included within the ordinance.
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.
City Council asked staff to find a way to define the grade of tree that would be planted. There are (4) grades as
follows:
1. Florida Fancy (best/highest grade)
2. Florida #1
3. Florida #2
4. Cull -(poor grade)
Please advise staff as to which grades would be acceptable.
Exhibits Attached:
Ordinance No. 14-98; P&Z Minutes; Existing Code/Information on Tree Grades
City 's Office
Bennett C. Boucher
Department P&Z/GROWTH MGMT
g:/admin/meeting/1998/06-16-98/14-98.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 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).
5 Nonnative palms, minimum height three
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.
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, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
First Reading:
Posted:
Published:
Second Reading:
GRADING SHADE TREES
INTRODUCTION
Since most trees have a life expectancy of many
years, it is important to plant good quality trees. The
quality or grade of a tree at planting can have a large
impact on longevity in the landscape. Tree quality is
based on trunk, branch, crown, leaf and root
characteristics.
Large -maturing trees which are allowed to
develop a double or multiple trunk should not be
planted. These are sturdy when they are young but
could become increasingly hazardous as they grow
larger. Except for small -maturing trees normally
grown with multiple trunks, such as crape -myrtle,
buttonwood, Japanese ligustrum and others, nursery
trees should have one trunk up through the center
to the top of the tree. Live oak and some other trees
can grow with a modified dominant leader as shown
1) *Fig.1 on page 10 (Florida Fancy). Branch diameter
should not be larger than 2/s the diameter of the
trunk measured directly above the branch. There
should be no. flush cuts anywhere on the tree and no
open injuries on the trunk or major branches. The
crown should be full of foliage and show little, if
any, evidence of chlorosis, necrosis, disease or insect
infestation. The root ball should be appropriately
sized (see any matrix, e.g., page 14). Such a tree is
given the top grade—Florida Fancy.
2) * Trees graded Florida #1 may require some
corrective pruning so they develop good trunk and
branch structure. They may have minor trunk
injuries or could have other defects. Defects can be
corrected by pruning the tree once or twice within a
year or two after planting.
3) * Florida #2 is a lesser grade. These trees require
major corrective pruning to form a structurally strong
tree, or are badly misshapen. Great skill and effort
(two or more prunings) are required to develop a
structure in these trees which will promote longevity.
Defects may take several years to correct.
4) * The lowest grade is a Cull. Defects are not
correctable. These trees lack vigor and/or have poor
trunk and branch structure or circling roots. They
have other problems such as open wounds, flush
cuts or loose root ball which may prevent them from
becoming established in the landscape. If they
become established, long life is unlikely.
The better grades of trees will require less
pruning after planting, and they will establish more
quickly. These have been properly trained and
pruned in the nursery to develop a structure which
will be resistant to damage from winds and other
outside forces. Most tree maintenance budgets have
not been developed to allow for pruning a tree after
planting, so it makes sense to start with a tree which
is healthy and well formed. If there is a large tree -
pruning allocation in the landscape maintenance
budget, trees with the poorer grades maybe trained
into sturdy trees in the landscape by skilled arborists.
Special Note: There is a specialty market for
trees trained into forms which are not typical of
their normal growth habit. Examples include
standards, braided stems, poodles, espalier, topiary
and bonsai, to name a few. When grading these
trees, the height, spread and root -ball diameter -to -
caliper relationships outlined in the matrices for
these grades and standards do not apply. Therefore,
when grading such trees, enter the grading process
outlined below beginning at Step 6, skipping Steps
1 through 5. Large -maturing trees, such as oaks,
are always graded beginning with Step 1 unless
the planting specifications indicate that the trees
will be maintained as topiaries or other small,
clipped specimens throughout their lives in the
landscape.
Grades established for trees (Florida Fancy,
Florida #1, and Florida #2) do not apply to trees
used in wetland mitigation. For trees used in
wetland mitigation, refer to the wetland section of
this manual.
3
EXAMPLES
apple, pitch-
bauhinia
bay, red-
camphor tree
carambola
citrus
dogwood, flowering
fig, fiddle-leaf
fig, rusty
fig, weeping
floss silk tree
goldenrain tree
gumbo limbo
holly, round
kapok
laurel, Cuban-
lychee
loquat
TYPE ONE MATRIX- SPREADING & ROUNDED SHAPES
CALIPER
1/4"
1/2"
3/4"
1"
1 1/4"
1 1/2"
2"
2 1/2"
3"
3 1/2"
4"
4 1/2"
5"
5 1/2"
MINIMUM TREE HEIGHT
18"
24"
4'
5'
6'
7'
8;
9'
10'
11'
12'
14'
16'
17'
MAXIMUM TREE HEIGHT
30"
6'
8'
10'
11'
12'
15'
16'
18'
18'
22'
24'
26'
28'
MINIMUM CROWN SPREAD DIAMETER
FL. FAN. #1 #2
10" 8" 6"
14" 12" 8"
30" 24" 18"
36" 30" 24"
42" 36" 30"
48" 42" 34"
54" 48" 42"
60" 54" 48"
66" 60" 54"
6' 5 1/2' 5'
7' 6 1/2' 6'
8' 7 1/2' 7'
10' 9' 8'
11' 10' 9'
MINIMUM B&B ROOT-BALL DIAMETER
6"
8"
14"
16"
18"
20"
24"
28"
32"
36"
40"
44"
48"
50"
MINIMUM GROW BAG ROOT-BALL DIAMETER
-
-
-
12"
14"
16"
18"
20"
24"
30"
36"
36"
-
MINIMUM CONTAINER VOLUME
4" Sleeve
1 Gal.
3 Gal.
5 Gal.
7 Gal.
15 Gal.
15 Gal.
25 Gal.
45 Gal.
65 Gal.
95 Gal.
95 Gal.
95 Gal.
200 Gal.
EXAMPLES
Mahoe
mango
mangrove, black
oak, live
oak, sand live
oak, water
oak, white
olive, black-
olive, spiny black-
pagoda tree, Japanese
rubber tree, Indian-
sausage tree
shaving brush tree
silk-cotton tree, red
sycamore
tamarind
weeping willow
Notes:
1. Trees to be graded under this matrix are listed in the index of trees on pages 37-44.
2. Any liner less than 1/4" caliper shall be a minimum of 12" in height, well-rooted in its container which shall
not be less than 2" in diameter. Bare-root trees shall be so noted.
3. Ball depth on B&B stock shall be at least 2/3 of the root-ball diameter shown. For trees larger than 5 1/2"
caliper, root-ball diameter shall be 8.5" for each inch of tree caliper. Trees grown in soils with a high water
table can have shallower root balls provided the root-ball diameter is increased to the next larger tree size in
the table.
4. Red or black mangrove may be a minimum of 18" overall height in a 1-gallon container, 24" overall height in a
3-gallon container.
5. For the purpose of determining minimum root-ball size, cured trees can have a caliper up to 1" larger than
indicated in the table.
ORDINANCE NO. 14-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 1109 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 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).
5 Nonnative palms, minimum height three
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.
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
Brut Bruns
Tony Herndandez
Buzz Petsos
Rocky Randels
Joy Salamone
Sandra 0. Sims, CITY CLERK
APPROVED AS TO FORM:
Kohn Bennett, CITY ATTORNEY
First Reading:
Posted:
Published:
Second Reading:
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 amount 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 M-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 [EXISTING]
(a) of this section will have the following values:
Points
Tree
10
Large and medium species, ten
feet tall with 3"-inch diame-
ter (dbh) minimum and two -foot
spread.
5 Small species, six feet tall with
[2"-3"] -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 of 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) A proposed 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 CD 110:70
City of Cape Canaveral
STAFF REPORT
February 25, 1998
TO: Bennett Boucher, City Manager
Mayor & City Council Members
FROM: G. J. Moran, Building Official [Intitial-GJM]
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 9 FAX (407) 799-3170
City of Cape Canaveral, Florida
Regular City Council Meeting Minutes
March 3, 1998
Page 7
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to approve Ordinance No.
14-98, for second reading. Mayor Randels explained that the Planning and Zoning Board also
recommended this ordinance to increase tree point value from two inches to three inches.
Mayor Randels noted that the Planning and Zoning Board and Beautification Board
recommended that non-native trees not be given point credit toward the total value due to their
lack of longevity. Mayor Randels stated that he serves on the State of Florida Urban Forestry
Council that is planning a tree grading system. Since the City did not institute this, he would
like to include a proponent for grading in the ordinance. ( )
A motion was made by Mayor Randels and seconded by Mr. Hernandez to amend Ordinance
No. 14-98 to include a Paragraph (c ) under Section One, to read "All trees selected shall be of
choice or better quality." Mr. Petsos queried if choice or better is determinable by the Building
Department. Attorney Bennett stated that if the ordinance makes a reference; there must be a
definition. Attorney Bennett recommended to Council to postpone discussion on the ordinance
until staff could provide the needed definitions.
A motion was made by Mr. Hernandez and seconded by Mr. Bruns to postpone Ordinance
No. 14-98 for first reading until the next scheduled City Council meeting.
DISCUSSION:
18. (Tape 1, 283 1) Mayor Randels explained that this item, proposed by City Manager Boucher, is a
joint meeting with the Canaveral Port Authority. Mr. Petsos queried if the Port Authority
is willing to meet. Mr. Petsos was concerned with issues that need to be addressed by the Port
Commission, such as the Sewer Franchise agreement and day labor hires. Ms. Salamone
recommended that staff outline issues to be addressed at a meeting with the Port Commission
instead of receiving a project status report from the Port staff. Mayor Randels instructed that
Council provides the City Manager an outline of issues before he meets with the Port director.
19. (Tape 1, 3241) Mr. Tim Fadul, General Manager, USA Waste Industries addressed the
Council with a services proposal. Mr. Fadul reviewed statistics from the draft including the
number of customers serviced, dumpsters, dumpsters without enclosures and enclosures
without gates. Mr. Fadul stated that some consideration should be given to a standard
enclosure size. Mayor Randels explained to the audience that this review came about due to
the visible portion on the currently used three -sided enclosures. Mr. Bruns queried if a
minimum enclosure size was necessary. Mr. Fadul affirmed and stated the standard as 12 -feet
wide, 6 -feet high, and depending on the size of the dumpsters, 8 or 10 -feet in depth, preferably
10 -feet. Mr. Petsos stated that the intent of past City Council was to provide a three -sided
enclosure, but these were not built to accommodate various size dumpsters. Mayor Randels
stated that the Beautification Board proposed the three -sided enclosure to remedy aesthetics
around the dumpsters used at the time of that proposal. Mr. Bruns questioned if the proposed
enclosure could accommodate any container in the City. Mr. Fadul affirmed, excluding roll-
off containers.
Ms. Salamone queried if building enclosures would apply to existing dumpsters. Mayor
Randels responded that this would apply to new enclosures. Ms. Salamone questioned if USA
Waste would replace an existing enclosure with a larger one if it were damaged. Mr. Fadul
06/11/98 10:13 TX/RX NO. 4916 P. 002
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this day of 1998, by
and between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a
political subdivision of the State of Florida, hereinafter referred to as "Board" and the CITY OF CAPE
CANAVERAL, hereinafter referred to as "City."
WITNESSETH:
WHEREAS, the parties have previously entered into an Agreement dated March 1, 1988, [Handwriting-illegible/unread]
copy of which is attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the City owns the original 9000 square foot facility within which the Cape
Canaveral Public Library is located; and
WHEREAS, the Board has constructed [handwriting-illegible/unread] with the City, a 6000 square foot addition to the adjusting structure,
for a total of 15000 square feet, hereinafter referred to as the "Library Building;" and
WHEREAS, the parties hereto desire to set forth and define their respective duties and
responsibilities relating to the Library Building.
NOW. THEREFORE, in consideration of the premises and mutual covenants herein
contained, the parties hereby agree as follows:
SECTION 1. That Paragraph 1 of the Agreement is amended to read:
The City leases to the Board for $1.00 per year the Library Building located at 201 Polk Avenue,
Cape Canaveral, Florida 32920.
SECTION 2. That Paragraph 2 of the Agreement is amended to delete the following
language.
A list of all materials (including books and media), furniture, equipment and other tangible property
given to the Board is appended hereto as Exhibit "A."
And to read:
The Board shall have control over all County-owned property for such time as this Agreement is in
effect.
SECTION 3. That Paragraph 3 of the Agreement is amended to read:
It is hereby mutually agreed and understood that the Board shall have primary control over the
operation and maintenance of the Library Building including, but not limited to, the collection and
disbursement of income [printed-illegible/unread] thereto, except for funds raied or earned by the City of Cape
Canaveral and the Friends of the Library. These funds shall remain under the control of those
organizations. The City Finance Director shall establish accounting procedures for control of these
funds and accounts shall be audited each year by the City Auditor. Fines and fees collected by the
library shall be held in a separate account and such funds shall be utilized solely for such purposes
as requested by the Library Director, and as approved by the Board or its designee.
[printed-illegible/unread]
1
6-11-1998 10:09AM FROM AMARI THERIAC. P.A. , 4076396690 P. 2
6/11/98 10:13 TX/RX NO. 4916 P. 001
LAW OFFICES
AMARI & THERIAC, P.A.
Attorneys and Counselors At Law
Reply To: Cocoa P.O. Box
Richard S. Amari
Kohn Bennett
Bradly Roger Bettis, Sr.
Carla Neelsy Freitag
Anthony A. Garganese
Mitchell S. Goldman
J. Wesley Howie
Lee Marinelli *
Mark S. Peters
David M. Presnick
Charles R. Steinberg
James S. Theriac, III
* Admitted PA, VA, TN only
Mariner Square
96 Willard Street Suite 302
P.O. Box 1807
Cocoa, Florida 32923-1807
Telephone (407) 639-1320
Fax (407) 639-6690
----------------------------------
Imperial Plaza
Suite B104
6769 N. Wickham Road
Melbourne, Florida 32940
Telephone (407) 259-6611
Fax (407) 259-6624
FAX TRANSMITTAL SHEET
TO: Bennett
FROM: Kohn
DATE: 6/11/98 DESTINATION FAX NUMBER:
Attached is our FAX transmittal which is Pages, INCLUDING this one.
-COMMENTS:
Attached are the penciled-in changes you requested. Call me
after you review it. Also I reviewed the School
Resource Officer Contract and I have no comments or
concerns. (same basic form as last year)
CONFIDENIALITY NOTE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE
IS LEGALLY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE
USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS
NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION,
DISTRIBUTION OR COPYING OF THIS TELECOPY IS STRICTLY PROHIBITED. IF YOU HAVE
RECEIVED THIS TELECOPY IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE
AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE VIA THE UNITED
STATES POSTAL SERVICE. THANK YOU!
6-11-98 10:08AM FROM AMARI THERIAC, P.A. 4076396690