HomeMy WebLinkAboutAgenda Packet 10-06-1998City of Cape Canaveral
CITY COUNCIL REGULAR MEETING
CITY BALL ANNEX
;1,-,.-CCANAVERAL OF
11I Polk Avenue Cape Canaveral Florida
7 7
TUESDAY
October 6, 1998
7:00 PAL
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
Residential
Lawrence Schryer
300 E. Central Blvd.
1998 FALL BEAUTIFICATION AWARDS
Multi -Family
Royal'. Mansions
8600 nidgewood Ave.
PROCLAMATION: Florida City Government Week
Pharmacy Week
INTERVIEWS:
Commercial
AJT & Associates, Inc.
8910 Astronaut Blvd.
Library B6ard Candidates: June E. Bell, James (Jim) K. Brown, George H. Reid
CONSIDERATIONS:
1. _Motion to Approve: Regular Meeting Minutes of August 18, 1998
2. Motion to Approve: Permit Extension Request for Wingate Hotel.
ORDINANCE — FIRST READING:
3. Motion to Approve for Second Reading: Ordinance No. 29-98, Amending Sections of the
Personnel Policy.
1_ �?J Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
s "�y�� ��rn��fele $hone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/ ttp://fcn.state.fl.us/cape/
it Regular Nleeting Agenda
1998, 1998
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, REPEALING
THE PERSONNEL POLICY OF THE CITY OF CAPE CANAVERAL N ITS ENTIRETY AND REPLACING
IT WITH NEW PERSONNEL RULES AND REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
4. Motion to Approve for Second Reading: Ordinance No. 30-98, Definitions Redefining Hotels
and Motels, and Amending the Certificate of Occupancy Requirements for Hotels/Motels.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING
CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 110-
1, DEFINITIONS, BY REDEFINING HOTELS AND MOTELS WITHIN THE CITY; AMENDING
SECTION 110-122, HOTELS AND MOTELS, BY AMENDING REQUIREMENTS OF THE ISSUANCE OF
CERTIFICATES OF OCCUPANCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT ORDINANCES N CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
RESOLUTIONS:
Motion to Approve: Resolution No. 98-29,Addendum Sheriff s Contract
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AUTHORIZING THE MAYOR AND THE CFIY CLERK TO ENTER INTO AN ADDENDUM TO
THE AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE
CITY OF CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHERIFF OF
BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE
6. .Afotion to Approve: Resolution No. 98-33, Supporting Revision #10 to the Florida
Constitution
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
SUPPORTING REVISION No. 10 TO THE FLORIDA CONSTITUTION, AND
ENCOURAGING OUR CITIZENRY TO VOTE YES TO THIS REVISION.
REPORTS:
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 conwaents 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:
G:\CityC1k\AGENDA\R-hGULAR\1 998\1 0-06-98-doc
:il Regular Meeting Agenda
1998, 1998
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.
G A.CityClk\AGENDA\REGULAR\1998\10-06-98.doc
WHEREAS, city government is the government closest to most citizens, and the one with
'hc most direct daily impact upon its residents; and
WHEREAS, city government is administered for and by its citizens, and is dependent
upon public commitment to and understanding of its many responsibilities; and
WHEREAS, city government officials and employees share the responsibility to pass
along their understanding of public services and their benefits; and
WHEREAS, Florida''ity Gove.: incnt Week is a very important time to recognize (11e
important role played by city government in -)ur lives; and
WHEREAS, this week offers an important opportunity to spread the word to all citizens
of Florida that they can shape and influence this branch of government which is closest 1-o the
people; and
WHEREAS, the Florida League o` :'ities, and its member cities have joined together to
teach students and other citizens about municipal government through a variety of different
projects and information; and
WHEREAS, Florida City Government Week offers an opportunity to convey to all the
citizens of Florida that they can shape and influence government through their civic involvement
and volunteerism.
NOW, THEREFORE, I, Rocky Randels, Mayor, of the City of Cape Canaveral, Brevard
County, Florida, do hereby proclaim that the week of October 18 through 24, 1998 be designated
as
FLORIDA CITY GOVERNMENT WEEK
and encourage all citizens, city government officials and employees to do everything possible to
ensure that this week is recognized and celebrated accordingly and to encourage educational
partnerships between city government and schools.
WHEREAS, over 195,000 pharmacists comprise the third largest group of health
professionals in the United States; and
WHEREAS, Pharmacists provide valuable professional services such as
medication information, diagnostic services, and monitoring the proper use of medicine;
and
WHEREAS, Pharmacists are professionally qualified to enhance patient
compliance and to detect and prevent dangerous medication interaction; and
WHEREAS, the demand for pharmaceutical care is greater than ever before due
to escalating health care costs, an aging America, the use of multiple medications by
patients, and changes in the settings where health care is delivered, and
WHEREAS, the pharmacy profession has long supported efforts to improve
access to health care services and enhance the quality of the nation's health in all
communities — rural and urban; and
WHEREAS, Pharmacists can generate significant savings to a reformed health
care system by providing high quality, cost-effective health services which include the
proper management of medications; and
WHEREAS, "COMMUNICATE TO STAY HEALTHY, TALK WITH YOUR
PHARMACIST" is the theme of the National Pharmacy Week emphasizing the
importance of a professional relationship between patient and Pharmacist; and
WHEREAS, the American Pharmaceutical Association, the Brevard County
Pharmaceutical Association, and the Joint Commission of Pharmacy Practitioners have
declared with week of October 18 through October 24, 1998 as National Pharmacy Week.
NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral,
Brevard County, Florida, do hereby proclaim October 18th October 24th as
NATIONAL PHARMACY WEEK
To: The Honorable Mayor & City Council Members
c: Bennett Boucher, City Manager
From: Sandi Sims, City Clerk
Date: September 30, 1998
Re: Board Vacancies
The following positions are available on City Boards:
BEAUTIFICATION BOARD: Two alternate member vacancies.
CODE ENFORCEMENT BOARD: Two alternate member vacancies.
COMMERCIAL DEVELOPMENT BOARD: One alternate member vacancy.
COMMUNITY APPEARANCE BOARD: One member and two alternate member
vacancies.
CONSTRUCTION BOARD OF ADJUSTMENTS & APPEALS: Member vacancy.
LIBRARY BOARD: Two alternate member vacancies. (One additional member vacancy if
Mr. Nicholas is elected to City Council.)
PLANNING AND ZONING BOARD: One alternate member vacancy.
RECREATION BOARD: One alternate member vacancy.
PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
Applicant Name: June E. Bell
Home Telephone: 407-79q-24'17
Home Address: 231 Circle Drive #1 Canav� Fl 2292Q
Business: NONE Business Telephone:
Office Address:
NOWL
Brief Description of Education and Experience: Education: 2yrs. at Cornell University
Experience: 17vears employed at GE as expeditor and coordinator
Several years as Volunteer at Cape Canaveral Public Library
Are you a registered voter? Yes X No
Have you been a resident of the City for 12 months or longer? Yes X No
Do you currently hold a public office? Yes No X
Are you presently employed by the City? Yes No X
At the present time, do you serve on a City Board? Yes _ No X
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in-
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother or half sister?
Yes No x
At the present time, do any of the following relatives of yours serve on any other City board, commission or special
district: spouse, parent, child, grandparent or sibling of the whole or half blood?
it
Yes No X
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd, etc.)
Beautification Board
Board of Adjustment*
Code Enforcement Board*
Commercial Development Board
Community Appearance Board*
Construction Board of Adjustment & Appeals*
X Library Board
Planning and Zoning Board*
Recreation Board
*Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each
year following the initial appointment while still a member of said Board.
City of Cape Canaveral, Florida
City Board Application
Page 2
Please list what you feel are your qualifications to serve as a member on one of the City's Boards:
My nnty nrnalifirations for becoming a member of this board are my love
of books and my pride in this library. From traveling the U.S, I know this
library exceeds many in much bigger cities. As a board member or not I will
work to keep this library = accessible to and _p'-easant for everyone. I will
strive to keep us as up-to-date as financially possible.
Would you consider serving on another City Board other than the one(s) you have selected on the front of this form?
Yes No X not at this time
Applicant's signature: Date: 9/11/98
PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a
brief interview before the City Council at'a regularly scheduled meeting.
2. Your application will remain effective for one year from the date of completion.
3. If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CI'T'Y HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
PLEASE COMPLETE BOTH SIDES OF APPLICATION FORM.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION TO SERVE ON CITY BOARD
Applicant Name: Ji��l�S /\ - _ /E� L�/�t/ (c�i�9� Home Telephone: X5'9— If
Home Address: -*`� 70 4 �C' -�,,9 WOLO r ,CL &'z 9.Z6
J
Business: N//f,' Business Telephone: /i9
Office Address:
Brief Description of Education and Experience: -71 yA/
F7'EIWIOLyfE 0-T �i9 �'T.EiQ.✓
/�osiTiaAl�
Are you a registered voter? Yes No
Have you been a resident of the City for 12 months or longer?
Do you currently hold a public office?
Are you presently employed by the City?
At the present time, do you serve on a City Board?
Yes
Yes
Yes
Yes t/ No
No
No
No
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son, daughter,
brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-in-law, mother-in-
law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother or half sister? 41 --'Yes No
At the present time, do any of the following relatives of yours serve on any other City board, commission or special
district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes No
Please specify which City Board you are interested in serving on:
(Indicate Preference, 1st, 2nd, 3rd, etc.)
Beautification Board
Board of Adjustment*
Code Enforcement Board*
Commercial Development Board
Community Appearance Board*
Construction Board of Adjustment & Appeals*
0— Library Board
Planning and Zoning Board*
Recreation Board
*Members of these Boards are required to complete Financial Disclosure Forms upon appointment to said Board and prior to July 15th of each
year following the initial appointment while still a member of said Board.
City of Cape Canaveral, Florida
City Board Application
Page 2
Please list what you feel are your qualifications to serve as a member on one of the City's Boards:
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Would you consider serving on another City Board other than the one(s) you have selected on the front of this form?
Yes No V/
Applicant's signature: C=aU-
Date:
PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval following a
brief interview before the City Council ata regularly scheduled meeting.
2. Your application will remain effective for one year from the date of completion.
3. If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at 868-1221.
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
August 18, 1998
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Burt Bruns
Tony Hernandez
Joy Salamone
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Anthony Garganese
City Clerk, Sandra Sims
City Treasurer, Andrea Bowers
Building Official, G.J. "Whitey" Moran
Ed Gardulski, Public Works Director
Nancy Hanson, Recreation Director
PROCLAMATION: Cocoa Beach Area Chamber of Commerce
CONSIDERATIONS:
(Tape 1, 82) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the
City Council Meeting Minutes of June 6, 1998 and changing the name from Ms. Pat Vann
[Tamm] on page four, under item seven. The motion passed 5-0, with voting as follows: Ms.
Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and
Mayor Randels, For.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the City Council
Meeting Minutes of July 7, 1998 amending it to read $50,000 for each grant and $20,000
for stormwater treatment on page one, in the second paragraph. Also, the verbiage "that she
says" did not depict ***. The motion passed 5-0, with voting as follows: Ms. Salamone,
For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and Mayor Randels,
For.
A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve the City
Council Meeting Minutes of July 21, 1998. The motion passed 5-0, with voting as follows:
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 1998
Page 2
Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos, For; and
Mayor Randels, For.
A motion was made by Ms. Salamone and seconded by Mr. Petsos to approve the City
Council Meeting Minutes of August 4, 1998. The motion passed 5-0, with voting as
follows: Ms. Salamone, For; Mr. Bruns, For; Mr. Hernandez, For; Mayor Pro Tem Petsos,
For; and Mayor Randels, For.
2. (Tape 1, 270) A motion was made by Ms. Salamone and seconded by Mr. Bruns to approve
the change order to Dial Communications, Reuse Phase I. This agreement is contingent
upon commitments to connect, for example, paying application fees. Mr. Hernandez asked if
the 596,225 was an unanticipated cost. A resident from The Oaks was present and in support
of the reuse connection in that area. 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, 700) Change order to Quintin Hampton & Associates for Inspection Services,
Reuse Phase I.
Mr. Petsos opined against the change order stating that the City has enough staff and that the
company already provides inspection services. He stated that they should inspect both. Mr.
Gardulski explained that the job was estimated based on Phases II and III and that this is a
very reasonable cost for this project. Mr. Petsos stated that the constructed portion is the
only appropriate service with this amount of information. Council concurred to reconsider
this item with Mr. Hampton and to reschedule this item for the next City Council meeting.
4. (Tape 1, 1146) Mayor Randels read the title of Ordinance No. 24.98:
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
VACATING AND ABANDONING THAT CERTAIN ALLEY LYING EAST OF
RIDGEWOOD AVENUE BETWEEN PIERCE AVENUE AND BUCHANAN AVENUE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
There was no public comment.
A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt
Ordinance No. 24-98 at second reading. Mr. Moran confirmed that there are not
utilities involved. Mr. John Evans, representative for the owner, stated that there are
no plans for the property. 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.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 1998
Page 3
RESOLUTION:
5. (Tape 11 1305) Mayor Randels read the title of Resolution No. 98-21:
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REAPPOINTING REGULAR MEMBERS TO THE PLANNING AND ZONING 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. 98-21 re -appointing Regular members R. Lamar Russell and Dr. John
Fredrickson to the Planning and Zoning Board. There was no public comment. 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.
DISCUSSION:
6. (lapel, 1355) Joint Meeting with the Canaveral Port Authority.
Mr. Boucher referred to the memo in the Council packet. He noted the information to
submit to Port Finance Officer, Burt Francis and that the Port is not willing to cost -share
with Burton & Associates. Mr. Bruns queried about the 100, 000 gallons of reuse the city
has committed to the Port. Mr. Boucher asked Council what items should he take to staff in
order to schedule a joint meeting. Council agreed by majority to remain with the two issues
mentioned. Mayor Randels related that he is currently working on a connection to George
King Blvd. from North Atlantic Avenue. He referenced the traffic flow changes while the
interchange is under construction. Mayor Randels queried about the interchange
commencement and landscaping of the interchange. Ms. Salamone questioned why no
public hearings were being held prior to the interchange construction. Mr. Nicholas
recommended informing the Metropolitan Planning Organization (MPO). Mr. Boucher said
that he would contact Nancy Houston at the Florida Department of Transportation to call the
MPO. Mr. Petsos stated that the response on the day labor force issue has been addressed.
(Tape 1, 2212) Revisions to the Wage and Salary Plan, and Job Descriptions.
Mr. Boucher spoke regarding the Florida League of Cities Salary Survey. He noted the
Union employee matrix. Consensus was to place the item on the next agenda for
consideration.
8. (Tape 2,34) Revisions to the Building Permit Fee Schedule.
Mr. Moran spoke regarding exemptions from fees and proposing to increase jobs costing
less than $500,000 or not requiring an inspection. Ordinance reading dates are September
`
15" and October 6`". Staff would determine the ceiling for City project fees and waive the
fees for approving large projects.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 1998
Page 4
9. (Tape 2,972) City Manager's Report
• Mr. Boucher reported on the upcoming Town Forum for Proposed Changes to the Sign
Ordinance. He related that Mr. Bapp would provide scaled drawings of current and proposed
Sign Ordinance and he would have transparencies. He noted that Mr. Petsos made a video of
examples.
• Mr. Boucher reported that Mr. Gardulski is working with the Florida Department of
Transportation on four hold -outs for curb cuts.
• Mr. Boucher announced that the Budget Meeting scheduled for 5:30 P.M. would be changed to
5 P.M.
AUDIENCE TO BE HEARD:
There was no comment.
City Clerk
Ms. Sims reported on crossing guard activities.
City Attorney
No report.
Ms. Salamone
No report.
Mr. Bruns
• Mr. Bruns queried about the completion of the east side of AIA. Mr. Gardulski stated that work
was interrupted on an order issued by the Florida Department of Transportation. Mayor Randels
will contact the Port.
Mr. Hernandez
• Mr. Hernandez queried about the status of the dumpsters on Rosalind Avenue. He stated that
owners were notified. Mr. Boucher related that the City was building a case.
• Mr. Hernandez reported on a band playing and questioned police service.
City of Cape Canaveral, Florida
City Council Regular Meeting
August 18, 1998
Page 5
Mayor Pro Tem Petsos
• Mr. Petsos reported that the resolution regarding *** passed at the Florida League of Cities
conference.
Mayor Randels
• Mayor Randels spoke regarding the City's Quality Cities advertisement.
• Mayor Randels related that the Florida Department of Transportation - Keep Florida Beautiful
Sign — Fairvilla Megastore will be required clean A 1 A four time a year quarterly
• Mayor Randels reported on the telephone bill charges
• Mayor Randels related that he met with representatives of the Florida Department of
Community Affairs in Tallahassee regarding grant revocation. He stated that funding would be
provided for an alternative and that he would continue to pursue the issue.
• Mayor Randels spoke on naming the Pedestrian Bridge
• Mayor Randels reported Tourist Development Council funding for ecological tourism. He said
that this funding could be used for the Manatee Sanctuary Park. He would follow up
information.
• Mayor Randels stated that he is looking to obtain new chairs for Council chambers and to
recycle the current chairs to the Recreation Center.
• Mayor Randels reported that he would be reviewing tree point grading at a conference with the
Florida Urban Forestry Counci.l.
There being no further business the meeting adjourned at 9:28 P.M.
There being no further business, the meeting adjourned at 10:04 p.m.
Rocky Randels, MAYOR
Sandra Rozar Sims, CITY CLERK
Meeting Type: Regular
Meeting Date: 10-06-98
AGENDA
Heading
Considerations
Item
2
No.
Request; Acting Building Official's memo; codes
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PERMIT EXTENSION REQUEST FOR WINGATE HOTEL
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council consider approval of this permit extension request.
Summary Explanation & Background:
Per Section 82-32, Extensions of time for building permits may be granted only by the City Council. The
adopted building code allows 90 -day permit extensions. Our acting building official concurs with this request.
Exhibits Attached:
Request; Acting Building Official's memo; codes
City ge s Office j'
Department BLDG DEPT/PUBLIC SAFETY
g:/ 6nci1/meef g/199 -98/wingate.doc
09/28/1998 21:42 0000000000000000 HAVE A NICE DAY PAGE 01
FAX
�= BENN,&7T BOUCHER
CIT1' OF CAPE CANAVERAL
P. v. BOX 326
CAPE CANAVERAL, FL 32920-
0326
F1lromff 407468-1230
Fax Phewe 407--799-3170
Dente 0912"8
Number 2tpakes fnclurifxg coyer sheet
FROM: ARTHUR W. BFI2GER
AEDILE CONMACIt7R ; ING:
8660ASTRONAUT BLVD.
CAPE CAAfAVEML. n 32920
Phone 407-634-2600
09/29/98 09:44 TX/RX NO.6289 P.001 ■
09/28/1998 r 21;42 0000000000000080 HAVE A NICE DAY PAGE 02
GENERA
September 23; 1998
City of Cape Canaveral
Mr. Bennett Boucher
P b Box 326
Cape Canaveral, kms. 32920-0325
Re' Wingate Hotel Extension
Dear Bennett;
ONTRACTOR'-1
Deslgn/BU k
CGC0329Z
Per our Numerous conversations, we would like to request an extension on our binding
-penhit for the Wingate Hotel for a minis uum of six months. This timeframe is dependent
upon the City purchasing land for a park area. A, survey must also be performed on the
land that Hunt Shuford will grant us easement rights for the sewer line to the !illi station on
Central Blvd. As we discussed, running the sewer line to this lift station will bawf t both
the city and any future development in the northwest area of the city.
Call if you need any other information.
Thank you for all your help and support.
Sincerely"
Arthur W_ erger
8660 Astronaut Boulevard, Suite #208 + Cape Canaveral, Florida 32924 + (407) 868-6700 • Fox: (407) 868-1008
09/29/98 09:44 TX/RX N0.6289 P.002 0
City of Cape Canaveral
M O R A N D U M
Date: September 29,1998
To: Bennett Boucher, City Manager
From: Ken Grinstead, Acting Building Official
Re: Request for Extension of Building Permit Issued to
Arthur W. Berger
Please be advised that a permit was issued on April 22, 1998 by this office to
Aedile Contractors for site work and driveway for the Wingate Hotel (permit
#98-00157).
We are in receipt of a letter from Mr. Berger dated September 23, 1998,
requesting that the City grant an extension of the above referenced permit for a
minimum of six months.
Ordinance #03-95 of the Cape Canaveral Code of Ordinances states that
extensions of building permits may be granted only by City Council.
The 1997 Standard Building Code, as adopted by the City, states that one or more
extensions of time for periods not more than 90 days each may be allowed for a
permit.
This department has no concerns regarding granting a 90 day extension for this
permit if the City Council so desires.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (407) 868-1200 • FAX (407) 799-3170 • http://fcn.state.fl.us/cape/
BUILDING NEW CONSTRUCTION
CITY OF CAPE CANAVERAL
PERMIT #: 98-00157
PROJECT.#: 98- AJ MASTER PERMIT #: -
DATE ISSUED: 04/22/98
PROJECT ADDRESS: 9025 ASTRONAUT BOULEVARD -
LOCATION:-9025`ASTRONAUT BOULEVARD PCL#: 252
SUBDIVISION: WINGATE7HOTEL LOT #:
BLK #:
OWNER NAME: WINGATE - PORTVIEW ENTERPRISES, INC. PHONE: (407)-868-6700
ADDRESS: 9025 ASTRONAUT BOULEVARD
CITY: CAPE CANAVERAL STATE: FL ZIP: 32920
GEN. CONTR: BERGER, ARTHUR W. JR. DBA AEDILE CONTR. PHONE: (407)-868-6700
ADDRESS: -8660 ASTRONAUT BOULEVARD, SUITE #1 LIC #: CGCO032922
CITY: CAPE CANAVERAL STATE: FL ZIP: 32920
WORK: SITE WORK AND DRIVEWAY PER APPROVED 'SITE'PLAN. NOTE: NO VERTICAL
DESC: CONSTRUCTION.
ELEC. CONTR:
PLMB. CONTR:
MECH. CONTR:
SPECIALTY:
VALUATION: 199498.00 BLDG :'lbb.QD
SQ .
FT. PLAN REV: 386 -CO
OG�_TYPE: CONST TYPE: ELEC: FIRE IMP:
FI E -ZONE: PECB' RADON:
_ USE ZONE: �MECH:
CAPITAL EXPANSION:' CONC:TOTAL DUE:
1140.00
TOTAL PAID: 1140.00
APPLICATION ACCEPTED BY PLANS CHECKED BY APPROVED FOR ISSUANCE BY
K .G. sarn�
***** Sam e -
N O T I C E
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS
NOT COMMENCED WITHIN 6 MONTHS, OR IF CONSTRUCTION OR WORK IS SUSPENDED,
OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED
I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW
THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES
-GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED
HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY
TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW
REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY
RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU
INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY
B$k'ORE REC4�"�E OF COMMENCEMENT.
/ Z3 /
DATE
/11313
D/
104.3.2 Affidavits. The building official may accept a
sworn affidavit from a registered architect or engineer
stating that the plans submitted conform to the technical
codes. For buildings and structures; the affidavit shall
state that the plans conform to the laws as to egress, type
of construction and general arrangement and, if accompa-
nied by drawings; show the structural design and that the
plans and design conform to the requirements of the tech-
nical codes as to strength, stresses, strains, loads and sta-
bility. The building official may without any examination
or inspection accept such affidavit, provided the architect
or engineer who made such affidavit agrees to submit to
the building official copies of inspection reports as inspec-
tions are performed and upon completion of the structure,
electrical, gas, mechanical, or plumbing systems a certifi-
cation that the structure, electrical, gas, mechanical, or
plumbing system has been erected in accordance with the
requirements of the technical codes. Where the building
official relies upon such affidavit, the architect or engineer
shall assume full responsibility for the compliance with all
provisions of the technical codes and other pertinent laws
or ordinances. -
104.4 Issuing permits
104.4.1 Action on permits. The building official shall act
upon an application for a permit without unreasonable or
--unnecessary delay. If the building
V1official is satisfied that
=the w_Qrk described in an application for a permit and the
contract documents filed therewith conform to the
_ _requirements of the technical codes and other .pertinent
flaws and ordinances, he shall issue a permit to the appli-
`cant.
104.4.2 Refusal to issue permit. If the application for a
permit and the accompanying contract documents describ-
ing the work do not conform to the requirements of the
technical codes or other pertinent laws or ordinances, the
building official shall not issue a permit, but shall return
the contract documents to the applicant with his refusal to
issue such permit. Such refusal shall, when requested, be
in writing and shall contain the reason for refusal.
104.4.3 Special foundation permit. When application for
permit to erect or enlarge a building has been filed and
pending issuance of such permit, the building official may,
at his discretion, issue a special permit for the foundation
only. The holder of such a special permit is proceeding at
his own risk and without assurance that a permit for the
remainder of the work will be granted nor that corrections
will not be required in order to meet provisions of the
technical codes.
104.4.4 Public right of way. A permit shall not be given
by the building official for the construction of any build-
_ ing, or for the alteration of any building where said build-
ing is to be changed and such change will affect the exte-
rior walls, bays, balconies, or other appendages or projec-
tions fronting on any street, alley or public lane, or for the
placing on any lot or premises of any building or structure
.moved from another lot or premises, unless the appli-
STANDARD BUILDING CODEQ 1997
104.3.2 - 104.6.3
cant has made application at the office of the director of
public works for the lines of the public street on which he
proposes to build, erect or locate said building; and it shall
be the duty of the building official to see that the street
lines are not encroached upon except as provided for in
Chapter 32.
104.5 Contractor's responsibilities. It shall be the duty of
every contractor who shall make contracts for the installation
or repairs of building, structure, electrical, gas, mechanical or
plumbing systems, for which a permit is required, to comply
with state or local rules and regulations concerning licensing
and inspections which the applicable governing authority
may have adopted.
104.6 Conditions of the permit
104.6.1 Permit intent. A permit issued shall be construed
to be a license to proceed with the work and not as author-
ity to violate, cancel, alter, or set aside any of the provi-
sions of the technical codes, nor shall issuance of a permit
prevent the building official from thereafter requiring a
correction of errors in plans, construction, or violations of
this code. Every permit issued shall become invalid unless
the work authorized by such permit is commenced within
6 months after its issuance, or if the work authorized by
such permit is suspended or abandoned for a period of 6
months after the time the work is commenced.One or '
more extensions of time, for .periods not - more � an 90 `
days each, may be allowed for the permit. Thee tension
shall be requested in writing and justifiable cause demon-
strated. Extensions shall be in writing by the building offi-
cial.
104.6.2 Permit issued on basis of an affidavit.
Whenever a permit is issued in reliance upon an affidavit
or whenever, the work to be covered by a permit involves
installation under conditions which, in the opinion of the
building official, are hazardous or complex, the building
official shall require that the architect or engineer who
signed the affidavit or prepared the drawings or computa-
tions shall supervise such work. In addition, they shall be
responsible for conformity with the permit, provide copies
of inspection reports as inspections are performed, and
upon completion make and file with the building official
written affidavit that the work has been done in conformi-
ty with the reviewed plans and with the structural provi-
sions -of the technical codes. In the event such architect or
engineer is not available, the owner shall employ in his
stead a competent person or agency whose qualifications
are reviewed by the building official.
104.6.3 Plans. When the building official issues a permit,
he shall endorse, in writing or by stamp, both sets of plans
"Reviewed for Code Compliance." One set of drawings so
reviewed shall be retained by the building official and the
other set shall be returned to the applicant. The permit
drawings shall be kept at the site of work and shall be
open to inspection by the building official or his autho-
rized representative.
BUILDINGS AND BUILDING REGULATIONS
ARTICLE I. IN GENERAL
Sec. 82-1. Penalty.
Any person who shall violate this chapter or
who shall fail to comply with this chapter or who
shall violate or fail to comply with any order or
regulation made under this chapter or who shall
build in violation of any detailed statement or
specifications or plans submitted and approved
under this chapter or any certificate or permit
issued under this chapter shall severally for each
and every such violation and noncompliance, re-
spectively, be punished as provided in section
1-15.
(Code 1981, §§ 509.13, 611.07, 612.29, 613.04,
614.03, 615.04, 617.19, 619.04, 620.03, 623.07,
625.03, 627.03)
Sec. 82-2. Building permit fee schedule.
The city establishes a building permit and
development fee schedule on all construction in
the city. The fees shall be as set forth in appendix
B to this Code.
(Code 1981, § 547.01)
Sec. 82-3. Changes to schedule of fees.
The building permit and development fee sched-
ule established in section 82-2 may be amended
from time to time, as needed, by resolution of the
city council.
(Code 1981, § 547.03)
Secs. 82-4-82-30. Reserved.
' ARTICLE H. BUILDING CODE*
Sec. 82-31. Adopted.
The Standard Building Code, 1997 edition,
published by the Southern Building Code Con -
*Editor's note --Ordinance No. 3-98, § 1, adopted March
3, 1998, amended the code by repealing article II, §§ 82-31,
82-32 and adding a new article II, §§ 82-31, 82-32. Formerly,
such article pertained to similar provisions and derived from
§§ 611.01, 611.02, 611.05 of the 1981 Code; Ord. No. 9-92, §§
1(611.01), 1(611.02), 8-18-92; Ord. No. 20-92, § 1, 11-5-92; Ord.
No. 12-93, §§ 1(611.01), 1(611.02), 7-6-93; Ord. No. 19-93, §
1(616.01),6-15-93; Ord. No. 42-93, § 1, 11-2-93; Ord. No. 13-94,
§ 1(611.03), 4-5-94; Ord. No. 3-95, § 1, 2-21-95; Ord. No. 18-95,
§ 1, 8-15-95.
Cross references -Fire prevention code adopted, § 38-26;
standard fire prevention code adopted, § 38-30; requirements
for fences, walls and hedges, § 110-470; buildings required for
commercial uses, § 110-481; building setback lines, § 110-536.
§ 82-32
gress International, Inc., including appendices C
and D is adopted by reference as though it were
set out in this article in full.
(Ord. No. 3-98, § 1, 3-3-98)
Sec. 82-32. Amendments.
The building code adopted in section 82-31 is
amended as follows:
(1) Sections 102.2.1, 102.2.2, 102.2.3, and
102.2.4 are amended to read as follows:
Supp. No. 5 CD82:5
102.2.1 Building Official Qualifications,
102.2.2 Chief Inspector Qualifications,
102.2.3 Inspector Qualifications, and
102.2.4 Deputy Building Official Qualifi-
cations shall be those qualifications as
outlined in Chapter 468, Florida Statutes.
(2) Section 104.6.1 is amended to read as
follows:
104.6.1 Permit Intent. A permit issued
shall be construed to be a license to pro-
ceed with the work and not as authority to
violate, cancel, alter or set aside any of
the provisions of the technical codes, nor
shall issuance of a permit prevent the
building official from thereafter requiring
a correction of errors in plans, construc-
tion, or violations of this code. Every per-
mit issued shall become invalid unless the `
work authorized by such permit is com- I
menced within six months after its issu-
ance, or if the work authorized by such
permit is suspended or abandoned fora t
period of sic months after the time work is
commenced. The permit shall become in-
valid after three years from the date of its
issuance in zoning districts of the city,
unless the building or buildings subject to
the permit have exteriors and landscap-
ing which are in substantial compliance
with the plans and specifications and com-
ply with the provisions of section 34-96,
section 34-97, subsections 34-98(3), (4),
(5) (6), (7), (8), (9), and (11), section 34-99,
and section 34-122 of the City Code of
Ordinances. Extensions of time for build- j
ing permits may be granted only by the
city council. Further, any unfinished build- ;
ings or structures for which a permit haste,!
Meeting Type: Regular
Meeting Date: 10-06-98
AGENDA REPORT
AGENDA
Heading
Ordinances — 2' Reading
Item
3
No.
assistance program, and
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 29-98, AMENDING SECTIONS OF THE PERSONNEL POLICY
DEPT./DIVISION: ADMINISTRATION
Requested Action:
That the City Council consider approval of these personnel policy amendments at first reading.
Summary Explanation & Background:
The amendments are outlined in Appendix A, B and C attached to this ordinance.
Appendix A - Incorporates textual changes to the policy,
Appendix B - Deletes old sections and adds new replacement sections on sexual harassment and employee
assistance program, and
Appendix C - Adopts new sections on family and medical leave, computer and e-mail usage, Internet usage and
work place violence prevention
These amendments were discussed at the 09-15-98 city council meeting and staff recommends approval.
Exhibits Attached:
Ordinance No. 29-98; Appendix A, B and C
City Manager's Office
Department ADMINISTRATION
g:/admin/council/meeting/ 1998/ 10.06-98/29-98.doc
ORDINANCE NO. 29-98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, REPEALING THE PERSONNEL POLICY OF THE
CITY OF CAPE CANAVERAL IN ITS ENTIRETY AND REPLACING IT
WITH NEW PERSONNEL RULES AND REGULATIONS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, that:
SECTION 1. The Personnel Policy of the City of Cape Canaveral as adopted by
Ordinance No. 29-94, on August 2, 1994, is hereby amended in accordance with the textual changes
as indicted in Appendix "A":, attached hereto and incorporated herein by reference (underlined type
indicates additions and str-ikeeu type indicates deletions).
SECTION 2. The Personnel Policy of the City of Cape Canaveral, as adopted by
Ordinance No 29-94, on August 2, 1994, is hereby amended by deleting subsections 3.09, Sexual
Harassment; and 18.08, Employee Assistance Program, and adopting in lieu thereof the subsections
attached hereto as Appendix "B", and incorporated herein by this reference.
SECTION 3. The Personnel Policy of the City of Cape Canaveral, as adopted by
Ordinance No. 29-94, on August 2, 1994, is hereby amended by adopting new subsections 12.07,
Unpaid Family and Medical Leave Policy; 23.13, Computer and E -Mail Usage; 23.14, Internet
Usage; and 3.10, Workplace Violence Prevention, which subsections are attached hereto as
Appendix "C", and incorporated herein by this reference.
SECTION 4. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 5. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts of
an ordinance or resolution, in conflict herewith are 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, Florids, this day of
1998.
ATTEST:
Burt Bruns
Rocky Randels, MAYOR
Sandra O. Sims, CITY CLERK Tony Hernandez
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM: Joy Salamone
Kohn Bennett, CITY ATTORNEY
\\Cape-nt\cityclerk\CityClk\Ordinances\PERSONNEL POLICY 1998.DOC
FOR AGAINST
First Reading:
Posted:
Published:
Second Reading:
APPENDIX "A"
GENERAL
PERSONNEL RULES AND REGULATIONS
1.03 Additions or Revisions
The Pefsennel Difeete Human Resources Director shall present to the City
Manager such additions or revisions to the Rules and Regulations as necessary for
the effective administration of the personnel system.
Definitions
Anniversary Date: the date an employee begins employment and the same date
in succeeding years. It is the date from which an
employee's annual performance is to be reviewed,
vacations, sick leave and retirement are computed. If an
employee is in a non -pay status, including leaves of
absences, for a period of thirty (30) days or more, the
anniversary date is deferred by an equal amount of time,
including said thirty day (30 day) period.
Annual Review Date: the day and month upon which an employee's annual
performance is to be reviewed. This date will ehange
Class: a group of positions which are sufficiently similar in
general duties and responsibilities to warrant the use of the
same title, and Florida League of Cities Cooperative Salary
Survey Job Benchmark Code, elass speeifieations and pay
fange.
Immediate Family: . The
employee's spouse, parent, child, sibling; the employee's
spouse's parent, child, or sibling; the employee's child's
spouse; employee and employee'spouse'rg andparents or
grandchildren.
Introductory Period: a period of time provided to allow the City an opportunity
to evaluate an employee's performance and ability, and to
decide whether or not the employee is to be retained.
City of Cape Canaveral
Ordinance No. 29-98
Appendix "A"
7.02 D Eligibility
A promoted employee will serve a six month (6 menth) prebationaf ninety -day
(90 -day) introductory period as directed by the department head and approved by
the City Manager.
7.04 C1. Effects of Transfer
A transferred employee will serve a ninety -day
(90 -day) introductory period as designated by the department head.
7.05 C1. Demotions
A demoted employee will serve a i month (6 month) pr-ob tion r� ninety -day
(90 -day) introductory period as designated by the department head.
7.05 E Effects of Transfer
A transferred employee will serve a six ,,,ent (6 month) preb ti ^^rj ninety -day
(90 -day) introductory period as designated by the department head.
7.06 Reinstatements
A transferred employee will serve a ninety -da
(90 -day) introductory period as designated by the department head.
10.01 Official Holidays
New Year's Day
President's Day
Martin Luther Kine Dav
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
Employee's Birthday
10.03(A) Holiday Pay
3 d Monday in January
Holiday pay shall be paid only for the date the City observes as a holiday, not for
the actual holiday itself, except for Recreation Department employees who shall
be paid for working on the actual date of the holiday.
City of Cape Canaveral
Ordinance No. 29-98
Appendix "A"
7.05 E Effects of Transfer
A transferred employee will serve a pipet -da
(90 -day) introductory period as designated by the department head.
12.04 Military Leave
personnel i the A nifle.l f Rese ,e members f the F .l Nation -a4
r.+ivv,,,,v, ,,, ...,v , i„aavu ivivv,� i�wva va..� v
A military leave of absence will be granted to employees who are absent from
work because of service in the U.S. uniformed services in accordance with the
Uniformed Services employment and Reemployment Rights Act (USERRA).
Advance notice of military service is required unless military necessity prevents
such notice or it is otherwise impossible or unreasonable.
Employees will continue to receive full pay while on leave for 30 day training
assignments and shorter absences. The portion of any military leaves of absence
in excess of 30 days will be unpaid. However, employees may use any available
paid time off for the absence.
Vacation, sick leave, and holiday benefits will continue to accrue during a
military leave of absence.
Employees on military leave for up to 30 days are required to return to work for
the first regularly scheduled shift after then end of service allowing reasonable
travel time. Employees on longer military leave must apply for reinstatement in
accordance with USERRA and all applicable state laws.
Employees returning from military leave will be placed in the position thev would
have attained had they remained continuously employed or a comparable one
depending on the length of military service in accordance with USERRA. They
will be treated as though they were continuously employed for purposes of
determining benefits based on length of service.
Contact the Human Resources Director for more information or questions about
Military leave.
IRM
A military leave of absence will be granted to employees who are absent from
work because of service in the U.S. uniformed services in accordance with the
Uniformed Services employment and Reemployment Rights Act (USERRA).
Advance notice of military service is required unless military necessity prevents
such notice or it is otherwise impossible or unreasonable.
Employees will continue to receive full pay while on leave for 30 day training
assignments and shorter absences. The portion of any military leaves of absence
in excess of 30 days will be unpaid. However, employees may use any available
paid time off for the absence.
Vacation, sick leave, and holiday benefits will continue to accrue during a
military leave of absence.
Employees on military leave for up to 30 days are required to return to work for
the first regularly scheduled shift after then end of service allowing reasonable
travel time. Employees on longer military leave must apply for reinstatement in
accordance with USERRA and all applicable state laws.
Employees returning from military leave will be placed in the position thev would
have attained had they remained continuously employed or a comparable one
depending on the length of military service in accordance with USERRA. They
will be treated as though they were continuously employed for purposes of
determining benefits based on length of service.
Contact the Human Resources Director for more information or questions about
Military leave.
City of Cape Canaveral
Ordinance No. 29-98
Appendix "A"
13.04 Wobationary Introductory Period Evaluation
13.05 Annual Performance Evaluations
If an employee is promoted or demoted and is subject to ^ six «' ,n,.nt
probationary ninety (90) day introductory period, the employee will be evaluated
at the end of the introductory period and again at the time of his/her
annual review date.
Example Scenarios
Anniversary Date:
Currently, an employee hired October 1, 1998 (hypothetically) would complete the
probationary period April 1, 1999. At that time, a review is performed without pay
increase consideration and the employee's annual review date is set for one year later.
Therefore, requiring that an employee must work for an initial 18 -months before
becoming eligible for a merit pay increase.
Proposed, an employee hired on October 1, 1998 (hypothetically) would complete the
probationary period April 1, 1999. (no change proposed) At that time, a review is
performed without pay increase consideration and the employee's annual review date is
set for six months later to coincide with the employee's anniversary date. Therefore,
providing that an employee must work for an initial 12 -months before becoming eligible
for a merit pay increase.
Holiday Pay:
Currently, the Recreation Department is open 7 -days per week, excluding Christmas
Day only. The vast majority of employees are part-time. Hypothetical example:
Independence Day was Saturday, July 4, 1998. The City observed Friday, July 3, 1998 as
the holiday. Therefore, recreational employees required to work on Friday, July 3 were
compensated double for working the holiday. Whereas, the employees who worked the
actual holiday, Saturday, July 4, 1998 were compensated only straight time.
Proposed, Hypothetical example: Independence Day was Saturday, July 4, 1998. The
City observed Friday, July 3, 1998 as the holiday. Recreation employees required to work
on Friday, July 3 will be compensated straight time for the city -observed holiday when
the actual holiday falls on a weekend. Whereas, the employees who work the actual
holiday, Saturday, July 4, 1998 will be compensated double time.
APPENDIX "B"
GENERAL
PERSONNEL RULES AND REGULATIONS
3.09 Sexual and Other Unlawful Harassment
The City is committed to providing a work environment that is free of
discrimination and unlawful harassment. Actions, words, jokes, or comments
based on an individual's gender, race, ethnicity, age, religion, or any other legally
protected characteristic will not be tolerated. As an example, sexual harassment
(both overt and subtle) is a form of employee misconduct that is demeaning to
another person, undermines the integrity of the employment relationship, an is
strictly prohibited.
Any employee who wants to report an incident of sexual or other unlawful
harassment should promptly report the matter to his or her supervisor. If the
supervisor is unavailable or the employee believes it would be inappropriate to
contact that person, the employee should immediately contact the Human
Resources Director or any other member of management. Employees can raise
concerns and make reports without fear of reprisal.
Any supervisor or manager who becomes aware of possible sexual or other
unlawful harassment should promptly advise the Human Resources Director or
any member of management who will handle the matter in a timely and
confidential manner.
Anyone engaging in sexual or other unlawful harassment will be subject to
disciplinary action, up to an including termination of employment.
City of Cape Canaveral
Ordinance No. 29-98
Appendix "B"
Page 2
18.08 Employee Assistance Program
The City cares about the health and well-being of its employees and recognizes
that a variety of personal problems can disrupt their personal and work lives.
While many employees need professional assistance and advice.
Through the Employee Assistance Program (EAP), the City provides confidential
access to professional counseling services for help in confronting such personal
problems as alcohol and other substance abuse, marital and family difficulties,
financial or legal troubles, and emotional distress. The EAP is available to all
employees and their immediate family members offering problem assessment,
short-term counseling, and referral to appropriate community and private services
The EAP is strictly confidential and is designed to safeguard your privacy and
rights. Information given to the EAP counselor may be released only if requested
by you in writing. All counselors are guided by a Professional Code of Ethics.
Personal information concerning employee participation in the EAP is maintained
in a confidential manner. No information related to an employee's participation in
the program is entered into the personnel file.
There is no cost for employees to consult with an EAP counselor. If further
counseling is necessary, the EAP counselor will outline community and private
services available. The counselor will also let employees know whether any costs
associated with private services may be covered by their health insurance plan.
Costs that are not covered are the responsibility of the employee.
Minor concerns can become major problems if you ignore them. No issue is too
small or too large, and a professional counselor is available to help you when you
need it. Call the EAP at 800-272-3626 to contact an EAP counselor.
APPENDIX "C"
GENERAL
PERSONNEL RULES AND REGULATIONS
23.13 Computer and Email Usage -
Computers, computer files, the e-mail system, and software furnished to employees are the City property
intended for business use. Employees should not use a password, access a file, or retrieve any stored
communication without authorization. To ensure compliance with this policy, computer and e-mail usage
may be monitored.
the City strives to maintain a workplace free of harassment and sensitive to the diversity of its employees.
Therefore, the City prohibits the use of computers and the e-mail system in ways that are disruptive,
offensive to others, or harmful to morale.
For example, the display or transmission of sexually explicit images, messages, and cartoons is not
allowed. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off-color jokes, or
anything that may be construed as harassment or showing disrespect for others.
E-mail may not be used to solicit others for commercial ventures, religious or political causes, outside
organizations, or other non -business matters.
the City purchases and licenses the use of various computer software for business purposes and does not
own the copyright to this software or its related documentation. Unless authorized by the software
developer, the City does not have the right to reproduce such software for use on more than one computer.
Employees may only use software on local area networks or on multiple machines according to the
software license agreement. the City prohibits the illegal duplication of software and its related
documentation.
Employees should notify their immediate supervisor, the City Manager or any member of management
upon learning of violations of this policy. Employees who violate this policy will be subject to disciplinary
action, up to and including termination of employment.
APPENDIX "C"
GENERAL
PERSONNEL RULES AND REGULATIONS
23.14 Internet Usage
Internet access to global electronic information resources on the World Wide Web is provided by the City
to assist employees in obtaining work-related data and technology. The following guidelines have been
established to help ensure responsible and productive Internet usage. All Internet usage is limited to
job-related activities. Personal use of the Internet is not permitted.
All Internet data that is composed, transmitted, or received via our computer communications systems is
considered to be part of the official records of the City and, as such, is subject to disclosure to law
enforcement or other third parties. Consequently, employees should always ensure that the business
information contained in Internet e-mail messages and other transmissions is accurate, appropriate, ethical,
and lawful.
The equipment, services, and technology provided to access the Internet remain at all times the property of
the City. As such, the City reserves the right to monitor Internet traffic, and retrieve and read any data
composed, sent, or received through our online connections and stored in our computer systems.
Data that is composed, transmitted, accessed, or received vis the Internet must not contain content that
could be considered discriminatory, offensive, obscene, threatening, harassing, intimidating, or disruptive to
any employee or other person. Examples of unacceptable content may include, but are not limited to, sexual
comments or images, racial slurs, gender -specific comments, or any other comments or images that could
reasonably offend someone on the basis of race, age, sex, religious or political beliefs, national origin,
disability, sexual orientation, or any other characteristic protected by law.
The unauthorized use, installation, copying, or distribution of copyrighted, trademarked, or patented
material on the Internet is expressly prohibited. As a general rule, if an employee did not create material,
does not own the rights to it, or has not gotten authorization for its use, it should not be put on the Internet.
Employees.pre also responsible for ensuring that the person sending any material over the Internet has the
appropriate distribution rights.
Internet users should take the necessary anti-virus precautions before downloading or copying any file from
the Internet. All downloaded files are to be checked for viruses; all compressed files are to be checked
before and after decompression.
Abuse of the Internet access provided by the City in violation of law or the City policies will result in
disciplinary action, up to and including termination of employment. Employees may also be held personally
liable for any violations of this policy. The following behaviors are examples of previously stated or
additional actions and activities that are prohibited and can result in disciplinary action:
* Sending or posting discriminatory, harassing, or threatening messages or images
* Using the organization's time and resources for personal gain
* Stealing, using, or disclosing someone else's code or password without authorization
APPENDIX "C"
GENERAL
PERSONNEL RULES AND REGULATIONS
23.14 Internet Usage
* Copying, pirating, or downloading software and electronic files without permission
* Sending or posting confidential material, trade secrets, or proprietary information outside of the
organization
* Violating copyright law
* Failing to observe licensing agreements
* Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted
Internet services and transmissions
* Sending or posting messages or material that could damage the organization's image or reputation
* Participating in the viewing or exchange of pornography or obscene materials
* Sending or posting messages that defame or slander other individuals
* Attempting to break into the computer system of another organization or person
* Refusing to cooperate with a security investigation
* Sending or posting chain letters, solicitations, or advertisements not related to business purposes or
activities
* Using the Internet for political causes or activities, religious activities, or any sort of gambling
* Jeopardizing the security of the organization's electronic communications systems
* Sending or posting messages that disparage another organization's products or services
* Passing off personal views as representing those of the organization
* Sending anonymous e-mail messages
* Engaging in any other illegal activities
APPENDIX "C"
GENERAL
PERSONNEL RULES AND REGULATIONS
3.10 Workplace Violence Prevention
the City is committed to preventing workplace violence and to maintaining a safe work environment. Given
the increasing violence in society in general, the City has adopted the following guidelines to deal with
intimidation, harassment, or other threats of (or actual) violence that may occur during business hours or
on its premises.
All employees, including supervisors and temporary employees, should be treated with courtesy and respect
at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be
dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are
prohibited from the premises of the City without proper authorization.
Conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at
any time, including off-duty periods, will not be tolerated. This prohibition includes all acts of harassment,
including harassment that is based on an individual's sex, race, age, or any characteristic protected by
federal, state, or local law.
All threats of (or actual) violence, both direct and indirect, should be reported as soon as possible to your
immediate supervisor or any other member of management. This includes threats by employees, as well as
threats by customers, vendors, solicitors, or other members of the public. When reporting a threat of
violence, you should be as specific and detailed as possible.
All suspicious individuals or activities should also be reported as soon as possible to a supervisor. Do not
place yourself in peril. If you see or hear a commotion or disturbance near your work station, do not try to
intercede or see what is happening.
the City will promptly and thoroughly investigate all reports of threats of (or actual) violence and of
suspiciousyindividuals or activities. The identity of the individual making a report will be protected as much
as is practical. In order to maintain workplace safety and the integrity of its investigation, the City may
suspend employees, either with or without pay, pending investigation.
Anyone determined to be responsible for threats of (or actual) violence or other conduct that is in violation
of these guidelines will be subject to prompt disciplinary action up to and including termination of
employment.
the City encourages employees to bring their disputes or differences with other employees to the attention of
their supervisors or the Human Resources Director before the situation escalates into potential violence. the
City is eager to assist in the resolution of employee disputes, and will not discipline employees for raising
such concerns.
Meeting Type: Regular
Meeting Date: 10-06-98
AGENDA
Heading
Ordinances - 2"d Reading
Item
4
No.
Please advise.
AGENDA REPORT
CITY COUNCEL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 30-98, AMENDING SECTION 110-1, REDEFINING HOTELS AND
MOTELS, AMENDING SECTION 110-122, AMENDING CERTIFICATE OF OCCUPANCY
REQUIREMENT FOR HOTELS AND MOTELS
DEPT./DIVISION: PLANNING & ZONING/GROWTH MANAGEMENT
Requested Action:
That the City Council consider approval of these amendments at first reading.
Summary Explanation & Background:
The Planning.4 Zoning Board recommended these amendments at their 09-23-98 meeting to help clarify the
definition of hotel/motel and that after 150 units are c.o.'d, there is no additional minimum Certificate of
Occupancy requirement.
Please advise.
Exhibits Attached:
Ordinance No. 30-98; existing code; F.S. 509 Definitions
City Ma�a Is Office
Department P&Z/GROWTH MGMT
ptjamxink-i5u-nci1/meetirjL/19/30.98.doc
Sep 30 98 02:22p Amari, Theriac, P.A. 407-639-6690 p,Z
ORDINANCE NO. -98
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES OF THE CITY, AMENDING SECTION 110-1,
DEFINITIONS, BY REDEFINING HOTELS AND MOTELS WITHIN THE
CITY; AMENDING SECTION 110-122, HOTELS AND MOTELS, BY
AMENDING THE REQUIREMENTS OF THE ISSUANCE OF
CERTIFICATES OF OCCUPANCY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF INCONSISTENT ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
,4ECTION 1. Section 110-1, Del;jnitions, is hereby amended by deleting in its entirety
the definitions for Hotel and Motel, and the following combined definition is adopted in lieu
thereof:
Hotel/Motel means a building in which lodging is provided and offered to the
public for compensation and duly licensed pursuant to Chapter 509, Florida
Statutes. It shall provide an inside office that shall be 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 6 guestrooms per building and a minimum of 150
guestrooms per hotel or motel. As used in this definition, the term "guestrooms"
means those rooms intended or designated to be used or which are used, rented or
hired out to be occupied or which are occupied for sleeping purposes by guests.
SECTION 2. Section 110-122, Hotels and Motels, is hereby deleted in its entirety, and
the following is adopted in lieu thereof:
Sec. 110-122 Hotels and Motels.
A certificate of occupancy for hotels and motels shall only he issued initially for
a minimum of 150 units_ After a hotel or motel project has received its initial
certificate of occupancy for its first 150 units, subsequent certificates of occupancy
may be issued for each building constructed thereafter. All units within any one
building of a hotel or motel shall be completed before a certificate of occupancy is
issued.
09/30/98 14:24 TX/RX N0.6312 P.002 ■
Sep 30 98 02:22p Amari, Theriac, P.A. 407-635-6690
City of Cape Canaveral
Ordinance No. -98
Page 2
SECCTION 3. SEVEjgARILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to he unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 4. CONFLICTING P OVISIONS. Any ordinance or resolution, or parts
of an ordinance or resolution, in conflict herewith are repealed.
SEcTl()N 5. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this
of
ATTEST:
, 1998.
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
Rocky Randels, MAYOR
day
p.3
09/30/98 14:24 TX/RX N0.6312 P.003 N
ZONING
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
§ 110-1
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
§ 110-121
CAPE CANAVERAL CODE
vided that such temporary certificate may require
such conditions and safeguards as will protect the
safety of the occupants and the public.
(Code 1981, § 645.07)
Sec. 110-122. Hotels and motels
Certificates of occupancy issued for hotels and
motels shall be issued for the entire hotel or motel
project up to 150 units and after 150 units shall
be issued in minimums of 50 units per each
certificate of occupancy. All units within any one
building of a hotel or motel shall be completed
before a certificate of occupancy is issued. I
(Code 1981, § 645.08) 1
Secs. 110-123-110-135. Reserved
DIVISION 4. AMENDMENTS AND
REZONINGS
Sec. 110-136. Authority.
The sections, restrictions and boundaries set
forth in this chapter may, from time to time, be
amended, supplemented, changed or repealed in
the manner prescribed by law and this division.
(Code 1981, ch. 647)
Sec. 110-137. Procedure.
(a) The procedure for a zoning classification
change or any comprehensive plan amendment
shall be the procedure as adopted or promulgated
by the State of Florida in Chapter 163 and Chap-
ter 166, Florida Statutes.
(b) Any amendment to this chapter, other than
a zoning district boundary change, may be pro-
posed by:
(1) The city council.
(2) The planning and zoning board.
(3) Any department or agency of the city.
(4) Any person.
(c) All proposed amendments, other than a
zoning change contained in subparagraph (a) above,
shall be submitted to the planning and zoning
board for study and recommendation. The plan-
ning and zoning board shall study such proposals
to determine.
(1) The need and justification for change.
(2) The relationship of the proposed amend-
ment to the purpose of the city's plan for
development, with appropriate consider-
ation as to whether the proposed change
will further the purposes of this chapter
and the plan.
(d) The planning and zoning board shall sub-
mit the request for change or amendment to the
city council with written reasons for its recom-
mendation.
(e) The procedure for the adoption of any ordi-
nance amending this chapter shall be in conform-
ance with the notice and meeting requirements as
codified in Section 166.041, Florida Statutes, as
amended.
(Code 1981, § 647.01; Ord. No. 14-97, § 1, 11-18-
97)
Sec. 110-138. Limitations.
No proposal for zoning change or amendment
affecting a particular property shall contain con-
ditions, limitations or requirements not applica-
ble to all other property in the district to which
the particular property is proposed to be rezoned.
(Code 1981, § 647.03)
Sec. 110-139. Reconsideration of district
boundary changes.
When a proposed change in zoning district
boundaries has been acted upon by the city coun-
cil and disapproved or failed to pass, such pro-
posed change, in the same or substantially simi-
lar form, shall not be reconsidered by the city
council for a period of two years. Such restriction
shall not apply to the property owner if the
original request was initiated by the city council,
planning and zoning board or any department or
agency of the city nor shall such restriction apply
to the city council, the planning and zoning board
or any department or agency of the city.
(Code 1981, § 647.05)
Secs. 110-140-110-160. Reserved.
Supp. No. 5 CD 110:22
1997 LODGING AND FOOD SERVICE ESTABLISHMENTS: MEMB
ation for 3 days or less and which includes the sale and
preparation of food and beverages must notify the local
county health department of the proposed event and is
exempt from any temporary food service regulations
with respect to the requirements for having hot and cold
running water; floors which are constructed of tight
Wood, asphalt, concrete, or other cleanable material;
enclosed walls and ceilings with screening; and certain
size counter service. A school may not use this notifica-
tion process to circumvent the license requirements of
' this chapter.
History. -s. 1, ch. 81-147; ss. 24, 52, ch. 90-339; s. 4, ch. 91-429; s. 145, ch.
97-101.
`'509.241 Licenses required; exceptions. -
(1) LICENSES; ANNUAL RENEWALS. -Each
public lodging establishment and public food service
establishment shall obtain a license from the division.
Such license may not be transferred from one place or
individual to another. It shall be a misdemeanor of the
second degree, punishable as provided in s. 775.082
or s. 775.083, for such an establishment to operate
without a license. Local law enforcement shall provide
immediate assistance in pursuing an illegally operating
establishment. The division may refuse a license, or a
renewal thereof, to any establishment that is not con-
structed and maintained in accordance with law and
with the rules of the division. The division may refuse to
issue a license, or a renewal thereof, to any establish-
ment an operator of which, within the preceding 5
years, has been adjudicated guilty of, or has forfeited a
bond when charged with, any crime reflecting on pro-
fessional character, including soliciting for prostitution,
pandering, letting premises for prostitution, keeping a
disorderly place, or illegally dealing in controlled sub-
stances as defined in chapter 893, whether in this state
or in any other jurisdiction within the United States, or
has had a license denied, revoked, or suspended pur-
suant to s. 400.414. Licenses shall be renewed annu-
ally, and the division shall adopt a rule establishing a
staggered schedule for license renewals. If any license
expires while administrative charges are pending
against the license, the proceedings against the license
shall continue to conclusion as if the license were still
iri effect.
(2) APPLICATION FOR LICENSE. -Each person
who plans to open a public lodging establishment or a
Public food service establishment shall apply for and
receive a license from the division prior to the com-
mencement of operation. A condominium association,
as defined in s. 718.103, which does not own any units
21assified as resort condominiums under s.
.. ` 09.242(1)(c) shall not be required to apply for or
receive a public lodging establishment license.
(3) DISPLAY OF LICENSE. -Any license issued
by the division shall be conspicuously displayed in the
Office or lobby of the licensed establishment. Public
food service establishments which offer catering ser-
vices shall display their license number on all advertis-
ing for catering services.
Y Nstory,-ss. 3-5. B, ch. 6952, 1915; RGS 2124-2126, 2129: ss. 3, 4, ch. 9264,
1923; S. 6, ch. 12053, 1927; CGL 3353-3355, 3358; s. 1, ch. 13659, 1929: ss. 6-8.
x,13, ch. 16042, 1933; CGL 1936 Supp. 3353, 3354; s. 1, ch. 23930, 1947; ss. 5, 6,
X1.29821 1955; s. 1, ch. 29820, 1955; s. 9, ch. 57.389; s. 1, ch. 57-B24; s. 1, ch,
-S Q1.81;
S. 1, ch. 67-507; ss. 16, 35, ch. 69.106; s. 4, ch. 70-281; s. 480, ch. 71-136;
DS Ch.
S. 6, ch. 71-157; s. 19, ch. 73-325; S. 20, ch. 75.233; s. 3, ch. 76-168; s. 1, ch.
77-457; s. 17, ch. 78-336; s. 1, ch. 78-343; ss. 18, 20, 39, 42, ch. 79.240; ss. 3, 4,
ch. 81-161; s. 389, ch. 81.259; ss. 2, 3, ch. 81-318; s. 4, ch. 86-174; s. 23, ch.
89-294; ss. 25, 51, 52, ch. 90-339; s. 10, ch. 91-40; s. 4, ch. 91-429.
Note. *ormer ss. 511.01-511.03, 511.10.
509.242 Public lodging establishments; classifica-
tions.-
(1) A public lodging establishment shall be classi-
fied as a hotel, motel, resort condominium,
nontransient apartment, transient apartment,
roominghouse, bed and breakfast inn, or resort dwell-
ing if the establishment satisfies the following criteria:
(a) Hotel. -A hotel is any public lodging establish-
ment containing sleeping room accommodations for 25
or more guests and providing the services generally
provided by a hotel and recognized as a hotel in the
community in which it is situated or by the industry.
(b) MoteL-A motel is any public lodging establish-
ment which offers rental units with an exit to the outside
of each rental unit, daily or weekly rates, off street park-
ing for each unit, a central office on the property with
specified hours of operation, a bathroom or connecting
bathroom for each rental unit, and at least six rental
units, and which is recognized as a motel in the com-
munity in which it is situated or by the industry.
(c) Resort condominium. -A resort condominium
is any unit or group of units in a condominium, coopera-
tive, or timeshare plan which is rented more than three
times in a calendar year for periods of less than 30 days
or 1 calendar month, whichever is less, or which is
advertised or held out to the public as a place regularly
rented for periods of less than 30 days or 1 calendar
month, whichever is less.
(d) Nontransient apartment. -A nontransient
apartment is any apartment building in which 75 per-
cent or more of the units are available for rent to
nontransient tenants.
(e) Transient apartment. -A transient apartment is
any apartment building in which units are advertised or
held out to the public as available for transient occu-
pancy.
(f) Roominghouse.-A roominghouse is any public
lodging establishment that may not be classified as a
hotel, motel, resort condominium, nontransient apart-
ment, bed and breakfast inn, or transient apartment
under this section. A roominghouse includes, but is not
limited to, a boardinghouse.
(g) Resort dwelling. -A resort dwelling is any indi-
vidually or collectively owned one -family, two-family,
three-family, or four -family dwelling house or dwelling
unit which is rented more than three times in a calendar
year for periods of less than 30 days or 1 calendar
month, whichever is less, or which is advertised or held
out to the public as a place regularly rented for periods
of less than 30 days or 1 calendar month, whichever is
less.
(h) Bed and breakfast inn. -A bed and breakfast
inn is a family home structure, with no more than 15
sleeping rooms, which has been modified to serve as a
transient public lodging establishment, which provides
the accommodation and meal services generally
offered by a bed and breakfast inn, and which is recog-
nized as a bed and breakfast inn in the community in
which it is situated or by the hospitality industry.
1477
I:I1317Dl►111i�u1
THIS ADDENDUM is entered into this 6th day of October, 1998 by, between
THE CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City, and
between Philip B. Williams, as Sheriff of Brevard County, hereinafter called "Sheriff'.
WITNESSETH,
WHEREAS, the City and the Sheriff have entered into that certain Contract for
Services dated October 7, 1997 ("Contract"), which Contract is for a term of two (2)
years; and
WHEREAS, said Contract requires the City and the Sheriff to renegotiate the
contract price for the second year of the Contract, and
WHEREAS, the parties have agreed to a revised Contract price for the period
October 1, 1998 through September 30, 1999.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties agree as follows:
1. RECITALS.
The parties agree that the above recitals are true and correct and
incorporated into the body of this Agreement by this reference.
2. PRICE REVISION.
Paragraph 5 of the Contract is amended to read as follows:
City of Cape Canaveral
Law Enforcement Contract
Addendum to Fiscal Year 1997-1998
page 2 of 4
rev: September 14, 1998
For the second year of this contract, the City shall pay to the
Sherr`', the sum of $1,151,979 for operations and $73,551 for capital
equipment for his performance hereunder. Commencing in Fiscal Year
1998/99 the City will transfer $10,000 of Police Education Income
Funds (Second Dollar) to the Sheriff for the sole purpose of training
deputies and support staff assigned to the City. The transfer will occur
during the month of October 1998 and will not be included with the
monthly contract draw. Sheriff shall separately account for all services
rendered by him hereunder and, to the extent, that Sheri.,fs cost of
performance is less than the contract price for any given year, city shall
receive a rebate to the extent of such surplus. Payments shall be made
in twelve monthly installments payable on or before the fifth day of each
month, beginning October 1, 1998.
The contract price stated here in above includes a portion of
Sheriffs indirect overhead, to cover costs such as dispatch services and
other services provided by Sheriff in support of Cape Canaveral. City's
pro rata share of such indirect overhead expenses is currently
$105,620.00, annually. To provide City with price stability, in the first
year of this contract, Sheriff agrees to utilize funds previously paid by
City of Cape Canaveral
Law Enforcement Contract
Addendum to Fiscal Year 1997-1998
page 3 of 4
rev: September 14, 1998
the City for Communication services thereby absorbing the additional
indirect overhead costs attributable to City over and above the
$70,000.00 contribution previously made by the City. In year two of
this contract, City agrees that it will pay $70,000.00, plus one-half (1/2
of the difference by applying methodology described in Appendix "B"),
but in no event will the cost charged to City for indirect overhead costs
exceed ten percent (10%) of the total, annual contract price. {To allow
price stability in FY 98/99, both parties to this agreement agree to delay
full implementation of the indirect cost allocation due from the City to
the Sheriff. The indirect cost allocation will be reviewed and adjusted
annually.}
Should the City desire that the Sheriff provide services at a
higher level than that contemplated herein, the City Manager shall have
the authority to negotiate with the Sheriff regarding modification of the
Agreement and shall bring such modification to the City Council for
appropriate action. Any request for modification of service levels shall
be accomplished by written request to the Sheriff, and if necessary,
amendment to the contract price then in effect.
3. CONTINUING EFFECT.
City of Cape Canaveral
Law Enforcement Contract
Addendum to Fiscal Year 1997-1998
page 4 of 4
rev: September 14, 1998
Except as modified by this Addendum, the Contract shall remain
in full force and effect.
IN WITNESS WHEREOF, the undersigned CITY OF CAPE
CANAVERAL, by its duly authorized officers, has executed this instrument
this 6th day of October 1998.
Attest:
COUNTY, FLORIDA
SHERIFF OF BREVARD
Philip B. Williams, Sheriff
Attest: CITY OF CAPE CANAVERAL,
FLORIDA
Rocky Randels, Mayor
C
Meeting Type: Regular
Meeting Date: 104)6-98
AGENDA
Heading
Resolutions
Item
6
No.
Allow counties to waive taxes for tangible personal property; such as, appliances and furnishings in mobile
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 98-33, SUPPORTING REVISION NO. 10 TO THE FLORIDA
CONSTITUTION
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council consider approval of the resolution as recommended by the Florida League of Cities.
Summary Explanation & Background:
Mayor Randels sponsors this resolution. Revision No. 10 to the Florida Constitution would:
Eliminate taxes for property that is used for governmental or city purposes,
Allow counties and cities to waive property taxes for lands used for conservation,
Allow counties to waive taxes for tangible personal property; such as, appliances and furnishings in mobile
homes,
Allow citizens to communicate with local officials outside of local hearings about land -use issues.
Please advise.
Exhibits Attached:
Resolution No. 98-33; Florida League of Cities memo dated 08-28-98
City Ma is Office
----
Department LEGISLATIVE
g:/admin/council/meeting/1998/10-06-98/98-33.doc
RESOLUTION NO. 98-33
A RESOLUTION OF THE CITY OF CAPE CANAVERAL IN
SUPPORTING REVISION #10 TO THE FLORIDA CONSTITUTION,
AND ENCOURAGING OUR CITIZENRY TO VOTE YES TO THIS
REVISION.
WHEREAS, the Constitution Revision Commission (CRC) has proposed
Revision #10, which amends Article VII, s. 3(a), (f) and (g) of the Florida Constitution:
and
WHEREAS, this revision contains several issues of importance to cities, namely
ex parte communications and revisions to tax exemptions; and
WHEREAS, if passed by the electorate, Revision #10 would provide greater
local fiscal flexibility and unrestricted citizen access to local officials; and
WHEREAS, under the Constitution, the state and counties are immune from
taxation, while municipalities are exempt only to the extent their property is used
exclusively for public purpose; and
WHEREAS, a 1997 Florida Supreme Court decision mandates municipally
owned sports facilities, airports and seaports to pay a property tax in addition to lease
payments and intangible taxes on leased property; and
WHEREAS, revision #10 authorizes the Legislature to exempt property of
certain municipal and special district property when such land is used for airport, seaport,
or public purposes; and
WHEREAS, the cost of collecting tangible personal property tax on mobile home
attachments, furnishings, and fixtures on rental housing often exceeds the revenues
derived from collections; and
WHEREAS, Revision #10 gives local governments the option of collecting
personal property tax for attachments to mobile homes and certain residential rental
furnishings; and
City of Cape Canaveral, Florida
Resolution No. 98-33
Page 2
WHEREAS, Revision #10 assures citizens the unrestricted access to their locally
elected officials to discuss issues likely to be decided by the officials; and
WHEREAS, this package of reform proposals would serve municipal
governments well and all cities should work with their citizens to help public
understanding of Revision #10 and the many benefits contained therein.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Florida, as follows:
SECTION 1. That the City of Cape Canaveral does hereby support and endorse
the passage of Revision #10 to the Florida Constitution, and urges its citizenry to vote yes
on this instrumental resolution.
SECTION 2. That copies of this resolution shall be provided to the Florida
League of Cities and the Yes On 10 Committee.
ADOPTED BY the City of Cape Canaveral, Florida this day of
1998.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Burt Bruns
Sandra O. Sims, CITY CLERK Tony Hernandez
APPROVED AS TO FORM:
Buzz Petsos
Rocky Randels
Joy Salamone
Kohn Bennett, CITY ATTORNEY G:\CityClk\Resolutions\Supporting Revision #10.doc
Memorandum
To:
From:
Date:
Re:
FLORIDA LEAGUE OF CITIES
INC*mwu�
City Managers/City Clerks
Kelvin Robinson, Directory /C,
Legislative & Public Affairs
August 28, 1998
Vote "YES" on 10 Educational Materials
As you may know, several constitutional revisions will be plac
ballot. Among those is Revision 10. Revision 10 is a League-;
that, if approved by Florida voters, will, among other things:
Q�
• Eliminate taxes for property that is used for governmental or city purposes;
• Allow counties and cities to waive property taxes for lands used for conservation;
• Allow counties to waive taxes for tangible personal property such as appliances and
fumishings in mobile homes; and
• Allow citizens to communi
use issues. cate with local officials outside of local hearings about land -
These are important issues for citi
word out to your citizens to your heles. We need your support and we need n ett'
VOTE YES! P ig ing the
To better assist you with understanding what Revision 10 does we are sending you this
educational packet which includes:
• "Yes on 10"
brochure
• "Yes on 10"
poster
• "Yes on 10"
talking points
• "Yes on 10"
bumper stickers
• "Yes on 10"
buttons
• "Yes on 10"
sample resolution
We are requesting that every city pass a resolution/proclamation supporting Revision 10 and
You use every opportunity to voice your support of thi
community. s revision to the media and your that
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/
Page 2
Vote "YES" on 10 Educational Materials
The talking points may be used for speeches when addressing civic groups or clubs. You can
wear your button, hang the poster in city hall and display the bumper stickers in prominent
places. Let us know if you need additional information or materials on Revision 10.
Remember, it is important that we all work hard to see that Revision 10 passes in November.
If I can be of further assistance, please feel free to contact me or my assistant Carol Dixon at the
League, (800) 616-1513, ext -137. Thank you.
/Cj d
Enclosures
Filename: Yes on Ten First Memo.doc
Meeting Type: Regular
Meeting Date: 10-06-98
AGENDA
Heading
Resolutions
Item
5
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 98-29, ADDENDUM TO SHERIFF'S CONTRACT
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council approve the addendum revising the contract price for 1998/99 FY.
Summary Explanation & Background:
This addendum also includes the equipment request of $15,789 and $10,000 for training of precinct deputies
from the 2' dollar fine fund. The equipment request will be funded from funds left over from the 97/98
contract.
I recommend approval.
Exhibits Attached:
Resolution No. 98-29; Major McGee's memo dated 09-29-98
City Manag6 }A Office
Department LEGISLATIVE
L2
ounciil/meetin /199 - - 8/98-29.doc
RESOLUTION NO. 98-29
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUN'T'Y, FLORIDA; AUTHORIZING THE MAYOR AND THE CITY
CLERK TO ENTER INTO AN ADDENDUM TO THE AGREEMENT FOR
MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF
CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHERIFF
OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral and the Sheriff have entered into that certain
Contract for Services dated October 7, 1997; and
WHEREAS, said Contract contains a two (2) year term commencing on October 1, 1997, and
provides that the City and the Sheriff shall renegotiate the contract price for the second contract year.
NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to the
Contract for Services between the City of Cape Canaveral and the Sheriff to provide for a revision of
the contract price for the contract year October 1, 1998 through September 30, 1999. A copy of said
Addendum is attached hereto and made a part hereof by this reference as if fully set forth.
SECTION 2. This Resolution shall take effect immediately upon its adoption.
City of Cape Canaveral, Florida
Resolution No. 98-29
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this of
1998.
ATTEST:
Rocky Randels, MAYOR
Burt Bnms
Sandra O: Sims, CITY CLERK Tony Hemandez
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Joy Salamone
Kohn Bennett, CITY ATTORNEY
G:1CityCWResolutionslCONTRACTVSheriff Contract 98-29.doc
FOR AGAINST
Office 14071 264-5201
FAX 14071 264-5,360
700 Park Ave!,ae
Titusville. FI 32780
BREVARD COUNTY SHERIFF'S OFFICE
t Member. Florida Sheriffs Association
- Member. National Sherifts Association
September 29, 1998
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Dear Mr. Boucher:
This correspondence is forwarded to your attention with respect to the capital budget
items we have recently requested. They are as follows:
1. Three in -car video cameras @ $3,635 $10,905
2. One Stalker radar $ 2,195
3. One computer $ 1,189
4. Three monitors $ 1, 500
Total $15,789
The Sheriffs Finance Division has advised me that the estimated remaining balance within
the 1997/1998 budget will be sufficient to cover the requested capital items. At this time,
I would like to seek approval from the City Council to utilize the remaining balance for the
items listed above.
Your assistance in this matter is appreciated. Please contact me if further information is
required.
Sincerely,
Philip B. Williams
Brevard County Sheriff
Moor George McGee
Canaveral Precinct Commander
GM: sm
c: Director Mike Abels
N )f*l" Prccr ,entral Pre, nct n l
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T1istiilie F,r1�. ,tt Island. F 32953 _.tree F 52935
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SoGlh Precinct,
Judge Flan janl,escrl
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1071 633-'123
633 196:; FAX
Brevard County Detention Center
P.O. Box 800
860 Camp Road
Sharpes. FI 32959
(407) 690-1500
40 7) 635 7800 FAX
MEMORANDUM
DATE: SEPTEMBER 30, 1998
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
ALL CITY EMPLOYEES
ALL CITY BOARDS
FROM: BENNETT C. BOUCHE
CITY MANAGER
SUBJECT: CITY MANAGER'S REPORT
The following is a brief update of city activities:
• The reuse project is progressing and backflow devices are being installed for those residents
who have submitted an application fee.
• The Manatee Park volunteer project is scheduled for October 10 at 8:30 a.m. to complete
planting and mulching around the park and clean up of shoreline.
• The Banana River Park appraisal reports are being reviewed by the Florida Community Trust
staff with a report date of 10-12-98.
• The sidewalk project is progressing along the East Side of SR AIA.
• The dead palm trees around town were replanted and the other dead trees will be replaced in
October.
• All city hall employees have access to the Internet and E-mail from their computer
workstations.
• The Planning & Zoning Board decided not to take any action on amending the special
exception requirement that allows residential construction in commercial zoning districts.
• On October 17, the city is sponsoring in conjunction with Cape View Elementary a crime
prevention, health and safety fair. There will be displays and exhibits from the sheriff s
department and the CCVFD.
• On October 28, the recreation department will be hosting the annual haunted forest. Please
contact the recreation complex if you wish to help with this event (868-1226).
Honorable Mayor, et al
Page Two
September 30, 1998
• The sheriff's office, Canaveral precinct, is now publishing the Canaveral Star. This
publication highlights community -policing events and activities and lists arrests of
individuals within the city. You can pick up a copy of the Canaveral Star in city hall, the
recreation complex, library and the Canaveral precinct.
• The City Council recently passed the 1998/99 -city budget totaling $6,671,765. There are
many programs and services that will be of great benefit to our community, and I want to
thank all the city employees who helped formulate this budget.
• The city received DCA's comments on the EAR based comprehensive plan amendments and
staff is working on addressing these comments with the LPA and then for final adoption by
the City Council.
If you have any questions, please contact me anytime.
BCB:kmm