HomeMy WebLinkAboutAgenda Packet 03-04-1997CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
City of Cape Canaveral
JNCIL REGULAR MEETING
,TTY HALL ANNEX
venue, Cape Canaveral, Florida
TUESDAY
March 4, 1997
7:00 P.M.
Water Reclamation Program - City Staff
CONSIDERATIONS:
AGENDA
Motion to Approve: The City Council Regular Meeting Minutes of February 18, 1997.
2. Motion to Approve: Agreement with Brevard County for the disbursement of transportation
impact fees for the West Central Boulevard sidewalk, in the amount of
$13,979.44.
PUBLIC HEARINGS
ORDINANCE - FIRST READING:
Motion to Approve: Ordinance No. 02-97, AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING
CHAPTER 110, ARTICLE V, NONCONFORMITIES, BY
AMENDING SECTION 110-193, NONCONFORMING
STRUCTURES; PROVIDING AN EXCEPTION TO THE
PROHIBITION OF ENLARGING NONCONFORMING
RESIDENTIAL STRUCTURES ON NONCONFORMING LOGS
OF RECORD; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF INCONSISTENT
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING
FOR AN EFFECTIVE DATE.
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105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 9 FAX 1407) 799-3170
City Council Regular Meeting Agenda
March 4, 1997
Page 2
DISCUSSION:
4. Enforcement of animals on the beach ordinance
Fund Balance Reserve Policy
6. Space Coast League of Cities - Legislative Priorities
REPORTS:
7. City Manager's Report
ADJOURNMENT:
If any person decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, he/she will need a record of the proceedings, and for such purpose he/she 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 (FS 28 6.0105).
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
February 18, 1997
7:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present
Burt Bruns
Tony Hernandez
Buzz Petsos
Mayor John Porter
Mayor Pro Tem Rocky Randels
Others Present
City Manager, Bennett Boucher
City Attorney, Kohn Bennett
City Clerk, Sandra Sims
Sheriff Major, George McGee
MINUTES:
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the City
Council Regular Meeting Minutes of February 4, 1997. The motion passed 5-0, with voting
as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and
Mayor Pro Tem Randels, For
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City Council Regular Meeting Minutes
February 18, 1997
Page 2
CONSIDERATIONS:
2. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the agreement
between the City of Cape Canaveral and Brevard County providing for qualified lifeguards for
the period commencing March 29, 1997 and terminating on September 1, 1997, in the amount
of $7,245. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Change Order
No. 1 to Frank Schmidt Contractor, Inc. in the amount of $3,748.86 for the Police Annex
Renovation Project. Mr. Randels clarified that the change order request is prompted by actual
changes requested by the department, not the contractor. Mr. Bruns stated that part of the
cause was due to measurement errors by SSA. Mr. Petsos queried if the construction costs
include ceiling insulation. Mr. Boucher stated that it does not. Council concurred for Mr.
Boucher to obtain estimates for installing ceiling insulation. The motion passed 5-0, with voting
as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and
Mayor Pro Tem Randels, For.
4. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the grant award
agreement with the Florida Communities Trust for the Manatee Sanctuary Park. The motion
passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For;
Mayor Porter, For; and Mayor Pro Tem Randels, For.
RESOLUTIONS:
Mayor Porter read Resolution No. 97-05 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA SUPPORTING
EXTENDING THE EXISTING LOCAL OPTION GASOLINE TAX THROUGH THE
YEAR 2011.
A motion was made by Mr. Randels and seconded by Mr. Bruns to approve Resolution No.
97-05. There was no public comment. The motion passed 5-0, with voting as follows: Mr.
Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem
Randels, For.
6. Mayor Porter read Resolution No. 97-06 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; NAMING AN ALLEYWAY LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF
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City Council Regular Meeting Minutes
February 18, 1997
Page 3
BREVARD COUNTY, FLORIDA TO PLACE THE ROADWAY ON THE OFFICIAL
MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution No.
97-06. There was no public comment.
An amending motion was made by Br. Bruns and seconded by Mr. Petsos to remove the term
"private" from the title of the resolution. The motion passed 5-0, with voting as follows: Mr.
Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem
Randels, For.
The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr.
Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For,
7. Mayor Porter read Resolution No. 97-07 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; NAMING ALLEYWAYS LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA TO PLACE THE ROADWAY ON THE OFFICIAL
MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No.
97-07. Dean and Toni Sacarro appeared before Council querying if their Adams Avenue
address would be changed because the house actually fronts the alleyway. They were advised
that their address would not be affected.
An amending motion was made by Mayor Porter and seconded by Mr. Petsos to remove the
term "private" from the title of the resolution. The motion passed 5-0, with voting as follows:
Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem
Randels, For.
The main motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr.
Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
8. Mayor Porter read Resolution No. 97-08 by title.
A RESOLUTION GRANTING A WATER SERVICE EASEMENT TO THE CITY OF
COCOA FOR THE CAPE CANAVERAL LIBRARY.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97-
08. There was no public comment. The motion passed 5-0, with voting as follows: Mr. Bruns,
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City Council Regular Meeting Minutes
February 18, 1997
Page 4
For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels,
For.
PUBLIC HEARINGS
ORDINANCE - SECOND READING:
9. Mayor Porter read Ordinance No. 01-97 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA RELATING TO
THE PROVISION OF NATURAL GAS SERVICES BY CITY GAS COMPANY OF
FLORIDA WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY; PROVIDING A
SHORT TITLE; STATING A PURPOSE AND SEVERAL GOALS; PROVIDING A
MARKETING STRATEGY; PROVIDING DEFINITIONS; GRANTING A FRANCHISE;
PROVIDING A TERM AND EFFECTIVE DATE; SETTING FORTH TERMS FOR
FRANCHISE OPERATION AND TRANSFER OF OWNERSHIP OR CONTROL;
PROVIDING FOR FRANCHISE FORFEITURE OR REVOCATION; REQUIRING
LIABILITY INSURANCE AND INDEMNIFICATION TO THE CITY; REQUIRING A
PERFORMANCE BOND; PROVIDING FOR DESIGN AND CONSTRUCTION
PROVISIONS; PERMITTING CITY REVIEW OF BOOKS AND RECORDS OF
FRANCHISEE; PROHIBITING PREFERENTIAL OR DISCRIMINATORY PRACTICES,-
SETTING
RACTICES;SETTING FORTH SERVICE STANDARDS FOR SEVERABILITY; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion was made by Mr. Randels and seconded by Mr. Petsos to adopt Ordinance No. 01-
97.
Mr. Robin Lloyd, attorney representing NUI Corporation, related that the proposed franchise
fee for "gas transport" is of great concern, especially to their customer, Coastal Fuel. He
related that they will revert back to oil versus gas if the franchise tax is imposed.
Mr. Palecki, of NUI Corporation, related that page 3, paragraph 5 is detrimental to the city's
economic development because industries requiring gas energy will no longer consider Cape
Canaveral financially feasible.
Mayor Porter stated that because the gas industry has only been recently de -regulated, the city
would be remiss to discount potential revenue.
Mayor Pro Tem Randels explained that the City should be more proactive concerning
providing gas service with a systematic program, in the same manner as reuse water.
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City Council Regular Meeting Minutes
February 18, 1997
Page 5
Mr. Palecki stated that they cannot serve where the Public Service Commission will not allow
and is expensive to deliver service to only a few, requiring others to reimburse the cost of
providing the service.
An amending motion was made to amend paragraph 4.5 definitions to insert "or" sale of gas.
The amending motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For;
Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
An amending motion was made to strike the sentence in 3.3 Marketing Strategy, "Should the
City reasonably determine the Company's marketing program is inadequate, the City may
require the Company to provide a market survey of the Franchise Area.". The amending
motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos,
For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
The main motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr.
Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
REPORTS:
10. City Manager- Bennett Boucher
• Mr. Boucher reported that the Library expansion construction is nearing completion with
detail work being performed this week.
• Mr. Boucher introduced Edward Gardulski, the newly hired Public Works Director who
begins employment on March 3, 1997.
City Clerk - Sandra Sims
• Ms. Sims reported that seminars have been tentatively scheduled jointly for Council Members
and general employees continuing the Team Building/Customer Service course provided
last year. She queried if Council was interested in submitting an "Attitude Survey" before the
seminar and another approximately six months later, incorporating the Council's directive for
a Council performance review. Council concurred with the recommendation.
City Attorney - Kohn Bennett
• Mr. Bennett stated that the application for a special exception for Longpoint Park is the
most complete and best application he has reviewed yet.
• Mr. Bennett stated that adopting the Gas Franchise ordinance provides an offer, meeting
Florida Statute requirements.
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City Council Regular Meeting Minutes
February 18, 1997
Page 6
• Mr. Bennett queried for seminar topic suggestions, reminding Council that he provides two
seminars per year. He suggested that the Employee Attitude Survey include a request for
topics by city employees.
Audience
• No report.
Council Member - Buzz Petsos
Mr. Petsos urged everyone to attend the Space Coast League of Cities Meeting on April
14. The speaker is from Enterprise Florida.
Council Member -Tony Hernandez
• Mr. Hernandez reported that the Volunteer Corps accomplished a lot of work at the
Canaveral City Park ballfield. He related that there will ongoing projects at the ballfield.
• Mr. Hernandez reported that he received a faxed copy of a letter from the U. S. Congress to
the Prime Minister of Israel which mentioned Cape Canaveral numerous times. He related
that the letter is a good prop for use in the economic/commercial development advertising
plan. He stated that he will distribute copies to the Commercial Development Board.
Council Member - Burt Bruns
• Mr. Bruns queried if there has been feedback from the sewer rate increase. Mr. Boucher
reported that condominiums have been the primary callers.
Mayor - John Porter
• Mayor Porter reported that he is drafting a letter of response to the petitioners against the
Ridgewood Avenue bikepath to clarify the city's intent. Draft copies will be distributed to
Council Members for feedback before the letter is mailed.
The meeting adjourned 9:20 p.m.
ATTEST:
Sandra Rozar Sims, CITY CLERK
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John K. Porter, MAYOR
I
Meeting Type Regular:
Meeting Date: 03-04-97
t
CAFEIGNYAF —
ERAt
AGENDA
Haading
Considerations
Item
2
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: AGREEMENT WITH BREVARD COUNTY FOR THE DISBURSEMENT OF
TRANSPORTATION IMPACT FEES FOR THE W. CENTRAL BLVD. SIDEWALK IN THE
AMOUNT OF $13,979.44
DEPT./DIVISION: ADMINISTRATION
Requested Action:
That the City Council consider a motion to approve this disbursement agreement with Brevard County in the
amount of $13,979.44.
Summary Explanation & Background:
This agreement will reimburse the City for the cost of installing the sidewalk on the south side of W. Central
Blvd.
I recommend approval.
Exhibits Attached:
Agreement
City Mans er's Office
Department
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BREVAR4:3 :""
BOARD OF COUNTY COMMISSIONERS
FLORIDA'S SPACE COAST
2
Mayor
February 17, 1997 Cir,
Ctv ----Ji
Bennett Boucher, City Manager CityPub. 'wo is o
City of Cape Canaveral EFinance
inn Grt.
Post Office Box 326 Dii.
Cape Canaveral, Florida 32920
Dear Mr. Boucher:
On February 11, 1997 the Board of County Commissioners approved the Transportation Impact Fee
Technical Advisory Committee's recommendations to (1) return $3,755.21 in unexpended funds from the
Central Avenue Sidewalk project and (2) to reserve $11,036.25 for future pedway projects within the City
of Cape Canaveral. At that meeting the Board also executed a Transportation Impact Fee Disbursement
Agreement with the City of Cape Canaveral which will provide $13,979.44 for the Central Avenue
Sidewalk project. Please have this agreement executed on.behalf of the City of Cape Canaveral and return
the fully executed, notarized document to me. I will have it recorded and instruct County Finance to
release the funds.
If you have any questions regarding these matters, please call me at 633-2069.
Lo-,Qwc,i
Swanke, AICP
Planner
TRANSPORTATION IMPACT FEE TRUST FUND
DISBURSEMENT AGREEMENT
Between
BREVARD COUNTY
and
CAPE CANAVERAL, FLORIDA
for
PUBLIC TRANSPORTATION FACILITIES
in the amount of $13,979.44
PROVIDING FOR FUNDING AND ADMINISTRATION OF
IMPACT FEE PROJECTS
INDEX
ARTICLE
PAGE
I
DEFINITIONS AND IDENTIFICATIONS..................................................................... 1
IIPREAMBLE
.....................................................................................................................
2
IIIPROJECT(S)
.....................................................................................................................3
IV
FUNDING AND METHOD OF PAYMENT..................................................................
3
VRECORDS
........................................................................................................................
4
VIASSURANCES
................................................................................................................
4
VII
INDEMNIFICATION CLAUSE......................................................................................
5
VIIITERM
OF AGREEMENT................................................................................................
5
IXTERMINATION
...............................................................................................................
6
X
INDEPENDENT CONTRACTOR...................................................................................
6
XI
ALL PRIOR AGREEMENTS SUPERSEDED................................................................
7
XIINOTICES
..........................................................................................................................7
XIIIAMENDMENTS
..............................................................................................................7
XIV
CONFLICT OF INTEREST.............................................................................................8
XVSEVERABILITY
..............................................................................................................8
TRANSPORTATION IMPACT FEE TRUST FUND
DISBURSEMENT AGREEMENT
Between
BREVARD COUNTY
and
CAPE CANAVERAL, FLORIDA
for
PUBLIC TRANSPORTATION FACILITIES
in the amount of $13,979.44
PROVIDING FOR FUNDING AND ADMINISTRATION OF
IMPACT FEE PROJECTS
This is an Agreement between: BREVARD COUNTY, FLORIDA, a political
subdivision of the State of Florida, its successors and assigns, hereinafter referred to as
"COUNTY," through its Board of County Commissioners,
and
CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, its successors and
assigns, hereinafter referred to as "CITY'.
WITNESSETH that, for and in consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE I
DEFINITIONS AND IDENTIFICATIONS
For the purposes of this Agreement and the various covenants, conditions, terms and
provisions which follow, the DEFINITIONS and IDENTIFICATIONS set forth below are
assumed to be true and correct and are agreed upon by the parties.
1.1 ASSURANCES: means those assurances made by CITY to COUNTY specifically
set forth in this Agreement.
1.2 CITY: means and refers to the City of Cape Canaveral, Florida, a Florida municipal
corporation.
1.3 COUNTY: means and refers to Brevard County, Florida, a political subdivision of the
State of Florida.
1.4 DEPARTMENT: means the Finance Department of Brevard County, Florida.
1.5 DIVISION: means the Growth Management Department of Brevard County, Florida.
1.6 IMPACT FEE PROGRAM OR PROGRAM: means and refers to the
Transportation Impact Fee Program adopted by Ordinance No. 89-04, Chapter 14, Article
XI, Brevard County Code of Laws and Ordinances.
1.7 INTERLOCAL AGREEMENT: means and refers to that agreement between Brevard
County, Florida, and the City of Cape Canaveral, Florida, dated March 6, 1990, providing
for participation in the Brevard County Transportation Impact Fee Program.
1.8 PROGRAM INTEREST: means interest generated from TIFT funds after receipt by
CITY.
1.9 PROJECT(S): means the project or projects set forth in Article III hereof, and Exhibit
"A" entitled "Project Description".
1.10 TIFT FUNDS: means the Transportation Impact Fee Trust; the monies given to CITY
pursuant to the terms of this Agreement.
ARTICLE II
PREAMBLE
In order to establish the background, context and frame of reference for this Agreement
and to generally express the objectives and intentions of the respective parties herein, the
following statements, representations and explanations shall be accepted as predicates for the
undertakings and commitments included within the provisions which follow and may be relied
upon by the parties as essential elements of the mutual considerations upon which this
Agreement is based.
2.1 Ordinance 89-04, Chapter 14, Article XI of the Brevard County Code of Laws and
Ordinances, incorporated herein by reference, provides for the imposition of the
Transportation Impact Fee and sets forth the manner and amount for collection and use of
funds.
2.2 Pursuant to interlocal agreement dated March 6, 1990, incorporated herein by reference,
the COUNTY and CITY have coordinated the collection of Transportation Impact Fees
and participated in the process for project recommendations to the Board of County
Commissioners of Brevard County, Florida.
2.3 Under Ordinance 89-04, Chapter 14, Article XI of the Brevard County Code of Laws and
Ordinances and interlocal agreement, COUNTY is administrator for the Program and
COUNTY is mandated to comply with various statutes, rules and regulations as to the
allocation of expenditure of funds.
2.4 COUNTY is desirous of disbursing TIFT Funds to CITY. However, as administrator for
the Program, COUNTY desires to obtain the assurances from CITY and CITY so assures
COUNTY, that CITY will comply with all state and local statutes, rules and regulations
and applicable codes and regulations as made known to the CITY relating to the
Project(s) and the Program, as a condition precedent to the release of such funds to CITY.
ARTICLE III
PROJECT(S)
CITY hereby agrees to provide and implement the following eligible Project(s):
Pedway improvements along Central Avenue in Cape Canaveral.
From District 9 TIFT Fund.
Such Project(s) is(are) more specifically described and set forth in Exhibit "A", attached hereto
and by this reference made a part hereof.
ARTICLE IV
FUNDING AND METHOD OF PAYMENT
4.1 The amount payable by COUNTY under this Agreement shall be $13,979.44
4.2 Following execution of this Agreement, the Growth Management Department Director or
designee shall provide written notice to Department for the disbursement of TIFT Funds.
ARTICLE V
RECORDS
5.1 The COUNTY and the CITY shall have the reciprocal right to review the records of the
other as to receipt, allocation and expenditure of Impact Fees, including records as to bid
awards and purchase orders. All such inspections shall be made upon reasonable notice
and at a reasonable time and place. Upon a request to review or obtain copies of records
by one party to the other hereunder, the party responding to a request for review shall
furnish assistance as well as copies of appropriate records for the project to the requesting
party.
5.2 If CITY has awarded a contract to an independent contractor to perform Project(s)
services, CITY shall submit to COUNTY, if requested, a certified copy of the contractor's
invoices stating the services rendered and the date the services were rendered specifically
identifying TIFT Funds used.
5.3 CITY agrees to furnish to the Growth Management Department Director, status reports
on November 1 of each year identifying the interest accrued, the expenditures to date and
the project progress.
ARTICLE VI
ASSURANCES
6.1 CITY hereby agrees to comply with all applicable state and local laws, ordinances, and
codes and regulations. Any conflict or inconsistency between state or local guidelines
and regulations and this Agreement 'shall be resolved in favor of the more restrictive
regulations.
6.2 CITY hereby gives COUNTY, through its authorized representative, access to and the
right to examine all records, books, papers, or documents relating to the Project(s).
6.3 CITY hereby agrees to maintain books, records and documents in accordance with
standard accounting procedures and practices of the CITY which sufficiently and
properly reflect all expenditures of funds provided by COUNTY under this Agreement.
6.4 CITY agrees to expend TIFT funds allocated to the Project(s) by the expiration date in
Article VIII. All TIFT funds not expended within the term of this Agreement shall be
returned to the custody and control of the COUNTY. An administrative extension, if
requested prior to expiration, may be granted by the Growth Management Department
Director for a period not to exceed one hundred eighty (180) days if just cause is shown.
6.5 CITY agrees to complete each project identified in this agreement. In the event TIFT
Funds are not sufficient, the CITY may submit to the COUNTY a request for additional
revenue from the TIFT Funds. However, if additional revenue is not provided pursuant to
that request, the CITY agrees to utilize its independent resources to complete the project.
6.6 CITY hereby agrees that if it has directly and knowingly caused any funds to be
expended in violation of the Agreement, it shall be responsible to refund such monies in
full to COUNTY.
4
6.7 CITY agrees to return to the Department the unexpended TIFT Funds no later that sixty
(60) days following the expiration date in Article VIII or within sixty (60) days following
an administrative extension under Section 6.4, if applicable, along with a completed Form
B, attached hereto and by this reference made a part hereof. An administrative extension
for the return of funds, if requested prior to the sixty (60) day expiration period, may be
granted by the Growth Management Department Director for a period not to exceed sixty
(60) days if just cause is shown.
6.8 Program interest generated as a result of receipt of TIFT Funds may be retained by CITY
provided that this interest shall be added to TIFT Funds committed to the Project(s) by
the CITY and used in conjunction with the original allocation to further the eligible
project objective. Expenditure of program interest is subject to the terms of this
Agreement with Brevard County. Any remaining TIFT funds, including the amount of
interest generated in a contract period if not expended for the approved Project(s) shall be
returned to COUNTY and shall be placed back in TIFT account for benefit of District 4
within the time periods provided in Section 6.7.
6.9 CITY hereby agrees and understands that all funding authorization through a TIFT Fund
shall be used only for eligible activities specifically outlined in this Agreement.
Revenues shall not be utilized for correcting deficiencies. They shall be utilized to fund
the future capacity components for transportation facilities identified in Exhibit "A".
6.10 CITY hereby agrees to submit to the Growth Management Department within sixty (60)
days of the completion of each Project(s), as set out in Article III, a complete financial
accounting of all its Project(s) activities, as provided on Exhibit "B", attached hereto and
by reference made a part hereof.
ARTICLE VII
INDEMNIFICATION CLAUSE
CITY, to the extent allowed by law, will at all times hereafter indemnify and hold
harmless, COUNTY, its officers, agents and employees, against any and all claims, losses,
liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting
from any or all suits or damages of any kind resulting from injuries or damages sustained by any
person or persons, corporation or property, by virtue of the CITY's willful failure to perform any
obligation or undertaking of the CITY as set forth in this Agreement.
ARTICLE VIII
TERM OF AGREEMENT
This agreement shall commence on the day the Division Director provides written Notice
to Department for the disbursement of TIFT Funds and shall terminate on September 30, 1997.
ARTICLE IX
TERMINATION
9.1 If, through any cause, CITY fails to commence work on the project, or fails to fulfill in
timely and proper manner its obligations under this Agreement, or if CITY shall violate
any of the covenants, agreements, or stipulations of this Agreement, COUNTY shall
thereupon have the right to terminate this Agreement and may require the return of funds
expended or committed for expenditure in violation of this agreement by giving written
notice to CITY of such termination and specifying the effective date thereof, at least
fifteen (15) days before the effective date of termination. If just cause is shown prior to
termination, the Growth Management Department Director may specify in writing the
actions that must be taken by CITY and a reasonable date for compliance; as a condition
to avoid termination. In no event can the Agreement date be extended beyond the periods
provided in this Agreement without amendment to the Agreement executed with the same
formality and of equal dignity herewith.
9.2 In the event of termination, upon request by the COUNTY, copies of all finished or
unfinished documents, data studies, surveys, drawings, maps, models, reports prepared,
and any other like documents secured by CITY with TIFT Funds under this Agreement
shall be provided to COUNTY.
9.3 In the best interests of the program and in order to better serve the people in the impact
fee districts and fulfill the purposes of the Act, either party may terminate this Agreement
upon giving thirty (30) days notice in writing of its intent to terminate, stating its reasons
for doing so. In the event CITY or COUNTY terminates the Agreement, CITY shall
refund COUNTY, all unexpended and unencumbered TIFT Funds received and interest
accrued therefrom.
9.4 The parties hereby agree that the following events are sufficient cause for termination of
the Agreement. Such events include, but are not limited to:
a. Improper use of TIFT Funds;
b. Failure to comply with the terms of this Agreement.
ARTICLE X
INDEPENDENT CONTRACTOR
CITY is an independent contractor under this Agreement. Services provided by CITY are
subject to supervision by CITY and employees or service providers shall not be deemed officers,
employees, or agents of Brevard County.
Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to services
rendered under this Agreement shall be those of CITY, which shall not conflict with COUNTY,
or state rules or regulations relating to the use of TIFT Funds.
ARTICLE XI
ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein, and the
parties agree that there are no commitments, agreements, or understandings concerning the
subject matter of this Agreement that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be predicated upon any prior representations
or agreements whether oral or written unless specifically incorporated into this agreement by
writing. This agreement does not supersede Interlocal Agreement signed on March 6, 1990.
ARTICLE XII
NOTICES
Whenever either parry desires to give notice unto the other, such notice must be in
writing, sent by certified United States mail, return receipt requested, addressed to the parry for
whom it is intended, at the place specified, and the place for giving of notice shall remain such
until it shall have been changed by written notice in compliance with the provisions of this
paragraph. The parties designate the following as the respective places for giving of notice to -
wit:
FOR COUNTY: Department Director
Growth Management Department
2725 Judge Fran Jamieson Way
Viera, Florida 32940
FOR CITY: City Manager
City of Cape Canaveral
Post Office Box 326
Cape Canaveral, Florida 32920
ARTICLE XIII
AMENDMENTS
COUNTY may amend this Agreement, if required by legislation, to conform with
mandates in state guidelines, directives, and objectives relating to the use of TIFT Funds. Such
amendments shall be incorporated by written amendment as a part of this Agreement and shall be
subject to approval of the Board of County Commissioners. Such amendment will not affect
specific activities commenced under this agreement prior to amendment which were in
compliance at the time of commencement. CITY shall be notified pursuant to ARTICLE XII and
such notification shall constitute an official amendment. No other modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless contained in a
written document executed with the same formality and of equal dignity herewith.
ARTICLE XIV
CONFLICT OF INTEREST
CITY covenants that no person who presently exercises any functions or responsibilities
in connection with the Project(s) has any personal financial interest, direct or indirect, in the
Project(s) during this tenure which would conflict in any manner or degree with the performance
of this Agreement, and that no person having any conflicting interest shall be employed or
subcontracted. Any possible conflicting interest on the part of CITY or its employees shall be
disclosed in writing to the Division.
ARTICLE XV
SEVERABILITY
If this Agreement contains any unlawful provisions not an essential part of this
Agreement and which shall not appear to have a controlling or material inducement to the
making thereof, such provisions shall be deemed of no effect and shall, upon notice by either
parry, be deemed stricken from this Agreement without affecting the binding force of the
remainder of the Agreement.
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the
COUNTY and CITY by their duly authorized representatives on the respective dates below.
ATTEST:
jl/� C/�,V41rlj
Sandy Cr wford, er
ATTEST:
BREVARD COUD$TY BOARD OF
COUNTY COMMISSIONERS
As approved by the Board of County Commissioners on
Date: February 11 , 1997
CITY OF CAPE CANAVERAL, FLORIDA
Sandra Sims, City Clerk John Porter, Mayor
Date:
1997
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this //71-J' day of ,
1997 by Randy O'Brien, Chairman of the Board of County Commissioners of Brevard Courgy,
Florida, who is personally known to me or produced as
idt-ntifinntinn nnrl whn did take nn nnth
9emadeb S. Talbert
=. r MY COMMISSION FCC5407W EXPIRES
MI Y 10.2000
BOMTHRU TROY FAIN INSURANCE, M
STATE OF FLORIDA
COUNTY OF BREVARD
NOTARY PUBL - State of Florida
The foregoing instrument was acknowledged before me this day of ,
1997 by John Porter, Mayor of the City of Cape Canaveral, Florida, who is personally known to
me or produced as identification and who did take an
oath.
NOTARY PUBLIC - State of Florida
EXHIBIT "A"
PROJECT(S) DESCRIPTION
(Give a detailed description of the work/project to be funded by this Agreement.)
The project to be funded by this Disbursement Agreement is for pedway improvements along
Central Avenue in Cape Canaveral, Florida west of North Atlantic Avenue. The work to be
accomplished includes the purchase of labor and materials for sidewalk construction.
From District 9 TIFT Fund.
10
N
CaU
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O
S-4
a
I
Meeting Type: Regular
Meeting Date: 03-04-97
t
BPE CJUU F
C
VERAt
AGENDA
Heading
Discussion
item
4
No.
• Press releases about city code prohibiting animals on the beach,
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION RE: ENFORCEMENT OF ANIMALS ON THE BEACH
DEPT./DIVISION: PUBLIC SAFETY
Requested Action:
That the City Council debate and consider methods to enforce no animals on the beach.
Summary Explanation & Background:
The City Council requested this as a discussion item.
Possible methods of enforcement:
• Placement of signage at all beach access points,
• Press releases about city code prohibiting animals on the beach,
• Law enforcement - make periodic patrols of beach area,
• There is a group of potential volunteers led by Mr. Tom Seeley (784-9864) who would like to patrol and
report violations to the Sheriff s Department and/or animal control. I believe we can start a volunteer
"Animal Beach Patrol" with coordination from Major McGee.
Please advise.
Exhibits Attached:
Ordinance No. 14-28• Resolution No. 74-18. Ordinance No. 12-79
city 1Vlana 's Office ,
Department
Y:\admin\cotnciINnwcting\03-"97\animals.dw
ANIMALS
ARTICLE I. IN GENERAL
Sec. 14-1. Penalty.
Any person convicted of a violation of this
chapter shall be punished as provided in section
1-15.
(Code 1981, § 701.07)
Sec. 14-2. Designation of bird sanctuary.
(a) The entire area embraced within the corpo-
rate limits of the city is designated as a bird sanc-
tuary.
(b) It shall be unlawful to trap, shoot, hunt or
attempt to shoot or molest in any manner any
bird or wild fowl or to rob bird nests or wild fowl
nests.
(Code 1981, §§ 655.01, 655.02)
Sec. 14.3. Bees and beehives prohibited.
The raising of bees or maintenance of beehives
within the city limits is prohibited.
(Code 1981, § 701.06)
Secs. 14-4-14.25. Reserved.
ARTICLE II. COUNTY ANEWAL CONTROL
ORDINANCE
Sec. 14-26. Adopted.
The county animal control ordinance, as
amended, is adopted by reference as though it was
copied in this article fully.
(Code 1981, § 701.01)
Sec. 14-27. Animal control officer.
Wherever the term "animal control officer" is
used in the county animal control ordinance, it
shall be construed to mean the person appointed
by, contracted with or employed by the board of
county commissioners or by the city to carry out
the duties and enforcement of this article.
(Code 1981, § 701.03)
§ 14.51
Sec. 14-28. Animals prohibited in parks and
on beaches.
(a) No animal shall be allowed in any public
park or on any beach in the city, unless a specific
park or beach area is designated as an area where
animals shall be permitted. Such designation shall
be by resolution adopted by the city council. Parks
and beach areas so designated shall be properly
identified and posted.
(b) Any animal found in a park or on a beach
not designated for such shall be deemed in viola-
tion of this article, and the owner thereof shall be
punished by issuance of a.citation by the animal
control officer or a law enforcement officer with
jurisdiction in the city. Such citation shall result
in a fine of $35.00. Failure to pay the fine within
ten days of issuance of the citation shall result in
the citation being transferred to the state attor-
ney's office and shall be considered for punish-
ment as provided in section 1-15.
(c) Dogs trained to assist or aid disabled or hand-
icapped persons, when such dogs are actually being
used to assist or aid such persons, shall not be
prohibited from any park or beach.
(Code 1981, § 701.05)
Secs. 14-29-14-50. Reserved.
ARTICLE III. SEA TURTLES*
Sec. 14-51. Purpose and scope.
(a) The purpose of this article is to protect the
endangered and threatened sea turtles which nest
along the Atlantic Ocean beaches in the city by
safeguarding the nesting sea turtles and sea turtle
hatchlings from sources of artificial light on the
beaches within the jurisdictional boundaries as
defined by this article.
*Cross references—Environment, ch. 34; parks and rec-
reation areas, ch. 54; streets, sidewalks and other public places,
ch. 66; waterways, ch. 106.
State law reference—Sea turtles, F.S. §§ 161.053, 161.142,
161.161, 161.163, 370.12.
CD14:3
MICROFILMED
4-10-30
y
RESOLUTION NO. 74-18
A RESOLUTION PIROHIBITING ANIMALS FROM ENTERING AMENDED
INTO OR ON ALL PUBLIC BEACHESx VITHIN THE C1TY OF -ADD "OR
CAPE CANAVERAL, FLORIDA; PROVIDING AN EFFECTIVE PARKS"
DATE.
WHEREAS, Ordinance No. 10-70, known as The Animal Control
Ordinance, provides, in Section 4-14 thereof, that no animal shall
CITY
enter into or on any public beach or park in the'Uunmpwhere such -=AMENDED
animals are specifically prohibited by resolution.; and
WHEREAS, the City Council of the City of Cape Canaveral deems
it in the best interest of the City of Cape Canaveral that animals be pro-
" OR PARKS "AMENDED
hibited from entering into or on the public beaches/within the City of
Cape Canaveral;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
"AMENDED
SECTION 1. No animal shall enter into or on any public beact-f-OR PARKS
within the City of Cape Canaveral, Florida, pursuant to Section 4-14 of
Ordinance No. 10-70, The Animal Control Ordinance. It is specifically
intended by the City Council of the City of Cape Canaveral that this
x OR PARKS "AMENDED
Resolution prohibiting animals on the public beachest is done in accord-
ance with the provisions of Ordinance No. 10-70, and this Resolution is
being adopted to enact the provisions of Section 4-14 of Ordinance No.
10-70, as amended.
SECTION 2. This Resolution shall become effective immediately
upon its adoption by the City Council of the City of Cape Canaveral,
Florida.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 16TH day of APRIL 1974.
_;.1
IM4
ayor
�e
Attest:
NAME YES NO ARS
Cit Clerk / v I MACLAY �/
Appro ed by: RHAME_ j/ — --
nun:o•�: _ Ki
����.� SA LVAGGIO_ v _ --
MICROFILMED 3-14-80
v
ORDINANCE NO, 12-79
AN ORDINANCE ADOPTING-BREVARD COUNTY, FLORIDA
ORDINANCE NO. 77-39 RELATING TO ANIMAL CONTROL,
WHICH ORDINANCE IS ADOPTED FOR THE REGULATION
OF ANIMAL CONTROL WITHIN THE CITY OF CAPE
CANAVERAL, FLORIDA; BY DESIGNATING ALL PUBLIC
PARKS AND BEACHES AS AREAS IN WHICH ANIMALS ARE
PROHIBITED; REPEALING ALL PORTIONS OF THE CODE
IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Brevard County, Florida Ordinance No. 77-39
adopted by the Board of County Commissioners on October 20, 1977,
relating to animal control in Brevard County, a copy of which is
filed with the City Clerk and made a part hereof is hereby
adopted as the rules and regulations governing animal control
within the City of Cape Canaveral, Florida.
SECTION 2. Pursuant to Section 4-30 of said ordinance, the
City of Cape Canaveral, Florida does hereby designate all public
parks and public beaches as areas in which animals are prohibited.
* SECTION 3. Animal Control Officer shall mean the person or
persons appointed by, contracted with or employed by the Board of
County Commissioners pursuant to Section 4-3 or by the City of
Florida
Cape Canaveral to carry out the dutie§ and enforcement of this
ordinance.
SECTION 4. All portions of the City Code in conflict
herewith are hereby repealed.
SECTION 5. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida,
Attest:
this 7th day of August 1979.
i
i
Mayo
irsf eating July 17, 1979
Posted- -- `'July 23, 1979
4dvertised '' July 27, 1979
3ecpRd_R0adW&' August 7 ,19791
i
Meeting Type: Regular
Meeting Date: 03-04-97
tw,L A F
YERAt
AGENDA
kms
Discussion
Item
5
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: GENERAL- FUND RESERVE POLICY
DEPT./DIVISION: FINANCE/ADMIlVISTRATION
Requested Action:
The City Council's annual review of the General Fund Reserves and designation of these funds.
Summary Explanation & Background:
Annually, the City Council reviews with staff the status of the General Fund Reserves and the planning of future
programs or projects to be funded.
Please review and advise.
Exhibits Attached:
General Fund Balance Report
City Mana ' Office --�
Department
EFFECTIVE 02/26/97 GENERAL FUND
FUND BALANCE POLICY FOR FISCAL YEAR 1996-97
ACCOUNT #ACCOUNT NAME
001-151.1 GENERAL FUND INVESTMENTS
A . ,O TNT
BALANCE
• Reconciled to unreserved, undesignated fund balance per 1995-96 CAFR of
$1,314,358.
• Maintain $1,000,000 for financial emergencies.
$
1,052,896
001-151.13 GENERAL FUND - Building Renovations
$
81,750
(61,750 annex)
(20,000 city hall)
001-151.14 GENERAL FUND - Street Resurfacing
$
40,000
001-151.15 GENERAL FUND - Rolling Stock
$
63,712
(Street Department @ $16,938) •
(Sheriff's Department @ $39,566)
(Fire Department @ $7,208) •
001-151.16 GENERAL FUND - New Technology
$
15,000
(Clerk's Imaging System Computer) •
001-151.17 GENERAL FUND - Sidewalks
$
30,000
001-151.18 GENERAL FUND - Grants Research
$
10,000
001-151.19 GENERAL FUND - Recreation
$
21,000
(Ball park fencing project)
TOTAL UNRESERVED, UNDESIGNATED FUND BALANCE AVAILABLE FOR 1996-97
DESIGNATION:
$
1,314,358
AVAILABLE FUNDS NOT SPECIFICALLY EARMARKED:
$
52,896
• FUNDS EXPENDED AS OF EFFECTIVE DATE
POLICYALS
Meeting Type: Regular
Meeting Date: 03-04-97
UKf
uU—
NEpQ
AGENDA
Heading
Discussion
itean
6
No.
City Mana flfice
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SPACE COAST LEAGUE OF CITIES - LEGISLATIVE PRIORITIES
DEPTIDIVISION: Legislative
Requested Action:
The Space Coast League of Cities is requesting that all cities submit their top ten legislative priorities from the 23
submitted by February 28.
Summary Explanation & Background:
Exhibits Attached: Legislative Priorities List
Legislative Priorities List
City Mana flfice
Department
g:\admin\council\meeting\1997\03-09-97\legislat.doc
Feb-13-97 05:50P
space coast league
407 636-3193
P_01
P rom ' The 0; f ice o:
E. LLIRPA INE GO't T PHONE foo. - :107 77 ( _3249
Feb. 1.S
1997 5: `.qPM PO1
F-J
SPACE COAST
LEAGUE
OF
CITIES
GPT CANAMRAL JNIJUW HARBOUR 11MArit
MELHCK71twr
MIM LAY
MrliL1.lTa AMC"
TO�e A
COCOA RLAA]l INTXALANnC
M=440111WE SLAM
IA.1,M S11ORP.S 7T'111WJLLq
Of �"`i
CX CCAs MALABAR
WILkIOUkNr> VILLAGM
R(1C'KLLrl)C;R
1YV.W )AELE )URNL
"CITIES OF BRERRD WORKING
7t7GE-'THER''
TO: members of the SCLC Board of Aireator9
FROM: Lorraine Cott, SCLC 8rouident
SUBJECT: .Legislativer TA6ue8 and Resolution on New Election system
DATE: February 13, 1997
As a follow-up to our discussion at Monday's Board of Directors
meeting, 2 am attaching the list of legislative priorities which we
approved at our January meeting, Plemse have your Council or
Commission review these- at- thesiX. earl."St-.appor,.t.u"t,1r__._ and rank
what you O*n*iA&r to be the 10 most important issues. Then tax
Your municipality's ranked top 10 to Mary Jane Nail at tho Cocoa
Beach City Hall no later that February 28. Mary Jane will then try
to tally the top to issues and bring those to our March Board
meeting for a rival selection of the top two issues for the SCLC.
P0110wing that, we will work with the appropriate staff member(s)
of the Brevard Legislative Delegation to draft proposed legislatiall
for our issuers and try to get them passed. Thanks for hanging in
there on this!
I am also attaching the resolution supporting a new election system
which the SCLC passed at its aanuary meeting. This is the version
which does hot Support any particular system, and which several of
you asked to receive for your counai.l or Commission to consider.
I am requesting each municipality which passes this revised
resolution to tax me a copy at the satellite beach City Hall. At
our meeting in March, we will consider What final step we want SCLC
to take on this matter.
Thanks much for your help and support!
S "Kw 00am LaRue V( chka O P.O. Boa %MBe C Ra IA-6st, F3. 32956 -DW o PAX (4 07) 690 3027 O Tejcph * (407) 636-5/.+16 _.. .. _
02/13/97 19:00 TX/RX N0.8446 P.001 0
1`eb-13-97 05:50P
space coast
league
407
636-3193
P_02
From : Tha Of i ce of
E. LrJF+!A INJE Gri f T
PHCirJE tlo. :
40 7 777 4269
Feb. 13 1997
6: OWN POid
SPACE COAST LEAGUE OF CITIES
LEGISLATIVE PRIORITIES
1997 FLORIDA LEGISLATIVE SESSION
WPW-NlNQ OF tJS 192. Provide sufElalant funds to onablo FOOT to four -tan& US 192 from
1.95 to Ashton (St. Cloud).
The moot critical road improvement which should be addressed by FDOT is widening US 192 to four ianes
from 1-96 to Ashton (St. Cloud). This roadway is not considered sate by users and to the major westbound
hurricane evnouation route for rapidly -growing South Brevard County,
2. ROA2wAY OWNeFiew. Oppose the Florlds Transportation Commission* Options 1 and 2,
and support Option 3, which allows transfer of State roads to municipalities only when there
Is mutual consent.
A study has beer) cornpieted by the Center for Urban Transportation Research, entitled 'Functional
Classification Study_ Fiscal Impact Analysis of Proposed Revised Roadway Ownership Criteria.' The
Florida Transportation Commission has developed three options for Implementation,
(1) Adopt criteria by taw/rule Arid restrict State funding to only those roads meeting the
criteria;
(2) Mandate transfers and establish a new funding source to 0000mpany transfers;
(3) Allow transfers only by mutual consent.
There will be. significant detrimental imparts to municipalities if either Option 1 or ? is enacted
3. MAINEUNCE OF TRAFFIC SIGNALS. Sponsor and support legislation to require the Stats
to provide funding to rrtsirttain traffic signals on State highways_
FDOT does not maintain traffic signals on State roadways, even at the Intersection of two State roads.
Municipalities are requirod to pay the cost of maintaining signal equipment on State roads_
4. LOCAL PENSIQN PLANS. Oppose any legislation which would Increase kbonefits for local
pension plans without also providing a revenue source to fund the increased costs.
Each year, the Legislature Is presented with bilis proposing benefit improvements to local firefighter and
police officer pension plans. These bilis typically do not addrass the costs to be bome by municipalities
and, therefore, do net provide a now rav&nup Rnuree wruch municipalities may use to pay line mandated,
inereased costs. Retirement benefits should be negotiated between the munsCtpallty and the members of
the bargaining unit or otherwise determined locally.
S. ENCLAVE ANNEXATION. Sponsor and support legislation which will allow municipalities to
annex ali unincorporated enclaves by ordinance or interlocal agreemiant.
Because of the problems generated by enclaves In planning, growth management, and service delivery, it is
State policy to eliminate enclaves. To expedite the annexation of enclaves of 10 or fower acres into the
most approprlate Incorporated jurisdiction, based upon existing or proposed service arrangemonts, a
municipality may:
(a) annex an enclave by interlocal agreement with the county [caving jurisdiction of the enclave, or
(b) annex an &ncfave with fewer than 25 regisstwed voters by municipal ordinance when the
annexation is approved in a referendum by at least W10 of the registered voters residing in the
enclave.
This law does not go far enough. Municipalities should be allowed to annex by municipal ordinance an
unincorporated enclaves, whether developed or undeveloped.
02/13/97 19:00 TX/RX N0.8446 P.002 N
Feb -13-97 05-51P
space coast
league
407
636-3193
P.03
from : Ti,a Orrice or
E. LL-PPAINE C,OTT
PHONE No. :
407 77,' 1269
Feb. 13 195'
6:01W P1253
a. 0C"PREHENSrvS Pfd. Sponsor and support legislation which: (a) provides for DCA and
municipal staffs to discuss Plan amendments before submission, (b) extends tho amended
Pian adoption period to two years from EAR approval, and (o) providag funding for
amending the Plan bawd on the EAR.
Them Should be an avenue for DCA and municipal rhfff to discuss proposed flan amondmontg bbfore
eubmleslon to eliminate any 00A ob)ectlona. Also, there shpuld be a two -your period between approval of
the Evaluation and Appralsail Report (CAR) and adoption of the EAR -basad Comprohcnsivo Plan arnond-
merrts;, Funding for the cost of amending the Plan in accordance with the EAF% ehould afvo be providod.
T. REQYCL,O PRODUCTS. Sponsor and support legislation which:
(a) requires the State to assume greater responsibility for developing a market for recycled
Products,
(b) requires State agencies to use recycled products,
(c) provideit businesses with Incentives for using recycled products, and
(d) requires newspapers to use racy*" paper,
The State has mandated recycling to reduce solid waste. While municipalitism are participating in recycling
programs, there is limited demand for products made from recycled materials. Recycling will not be
Successful until the State adopts laws requiring the use of recycled products.
8. IMSTIAT.-YEA1IM ASSESSMENT FOR NEW BUILDiNGS. Sponsor and support legislation
aliowing partial -year tax assessments based on Issuance of the Certlfloete of Occupancy for
now buildings.
Property is assessed for tax purposes as of January t. Now builaings benelil from municipal services
immediately attor Construction. but the municipality does not rocehve any fax revenues until the following
fiscal year. (As an example. Melbourne's average annual new construction for this last three years was
$32,451,462. Assuming that tNs amount is collected evenly throughout the year, a pOrtial-year assessment
based on new construction as of June 30 would yield $64,133 in property tax revenue_ If perilat-year
assessments were matte on a quarterly basis, with partial -year assessments as of March 31, June 3o, rind
September 30, the property tax revenue is estimated to be 596,2(10.)
9. LOCAL -OPTION GAS TAX, Sponsor and support ieglsintion to enable the municipalities
within a county to levy the local -option gas tax, if the county fails to act within 90 days of
receiving notice from those municipalities which represent a ma}arfRy of the population in
the county of thwir support for such a tax.
HO 2315, approved in 1993, provides for an incriiiiwB in the local -option gas tax. County commissioners
may Impose the tax by ordinance or reteron0um. however, if the county fails to act, there is no provision for
muri0pali ies to levy the tax. This tox would generate much-needed revenue to finance municipfll
transportation needs- if the county fails to approve the tau, municipalities should be authorized to levy the
tax If inose municipalities representing a maiorlty of the population in the county support the tax.
10- j=COMMUNICATHMS ANP CABLE TV FRANCHISES. Sponsor and support legislation
allowing municipallties to require non-exclusive franchise agreements with ell
tslecommunlcatlons and cable TV companies.
Legislation is needed which would require all telecommunications and cable television companies to enter
into nnr►-exclusive franchises wiih a municipality tar any service provided within the municipality. Such
legislation Is needed because the advancement in telecommunication services (e.g., celluinr phone, satelitte
dish, and wireless microwave) creates less need for a utRity to PhWiCally locate equipment in a municipal
right-ol-way. This will decrease franChlse-tee revenues, as customers switch to advanced technologies.
02/13/97 19:00 TX/RX N0.8446 P.003 N
Feb -13-97 05:51P space coast league 407 636-3193 P_04
From i he Oce i ee or E. LDRkNitJE GOTT PHU,IE Ne. : •107 777 4�_,Ip9 Feb. 13 199' 6: Oipm p04
11. PUBLIC §ERVICL-S T" ON TEL EQ2NMUNICA 0tJ SERVICES. Oppose any legislation
which would narrow the existing definition of teleoommunication services currently subject
to the public service* tax (municipal utility tax).
In 1986, the Governor S T%sionommunlcations Taak Fore was created to, among other thingu, rcvfcw the
appilcabllfty of the municipal telecommunications utility tax to Internet and E-mail accost ehargae. In the
mid-Ty80's, 1hase access Charges were written itilu the definition of tolocornmunication earvicea on which
the utility tax trey be levied. It is trnportatit that these accesa charges oontinuo to be subject to the utility
tax, bscaustf It* telecommunlcattons industry is evoiAng and there will be increased uao of computers for
corianuf callaii at the expense of traditional talephone aystems. Tho tax rcvonuec to bo realized on
intamat and E-mail access charges will offset the loss of tax rovonuos eau¢sd by declining use of
traditional telecommunication services.
12. MIANIMAL LIEN-
$. Sponsor and support legislation to make the priority of murelcipal Betts
equal to property tax liens.
Municipal liens (such as code enforrorngnt Nens, fol -clearing liens, and water and sewer liens) are
discharged during mortgada toreteloaterPS Find inx-th-o i RAlaA, hamate they are not equal in priority to
property taxes. The impact of discharging these liens is that the municipality is unable to recover its costs.
13. SURCHARGE ON MOVING VIOLATiONS. Sponsor and support legislation to reinstate the
$12.50 surcharge* on lines for moving violations In Brevard County.
F5 318.121 should t,>e &rnendeC to restore the $12.bo surcharge on tines fnr moving violations in Brevard
County. This surcharge is used to fund maintenance Costs for municipal users of the Brevard County epp-
MHz radio system. In 1996, the Legislature repealed FS 316.655(7). which had authorized this surcharge.
This change, effective October 1. 1995, means that the $i2.tio surcharge will be deducted from The basic
fine (instead of being added to it), thereby reducing municipal revenues from fines. (For example, this will
resuu in an estimated annual WS of $W.000 to $7b.Uoo to Melbourne alone_ The revenue generated by
the $1250 surcharge is used to maintain Matboume's 800 -MH;, radio system. Consequently, this change
in State law will require Melbourne to cut Deck on other programs to pay lhese necessary costs.)
14. CQMRWNITY C06L&OC FLINPMG FORMULA. Sponsor a d support legislation to allow
community colleges to receive funding for the number of students enrolled, rather then the
number of student graduates.
Brevard Community College has notifled Brevard municipalities of their intent to cancel municipal rINE
DEPARTMENT EDUCATION SERVICE=S AGREEMENTS due to a legislative change in the way community
collages are funded. The colleges wltt no longer receive funding based on the numt>er of students enrolled,
but on the number of student graduates_ Once again, this decreases revenlias to affected municipalities.
(f=or example, this will cause an $8,400 decrease to Melbourne for Fire Training Education.)
1s. COMMERCIAL FISH NG BAN IN CANALS. Sponsor and support isgialation to allow
waterfront communities to regulate or ban commercial fishing in their canals and channeia.
Many waterfront communities have residential areas fronting on canals or channels wench are used for
ingress and egress from the residences. Allowing commercial fishing in the=se wererways disturbs the flow
of truffle, disturbs residents in their homes (since much commercial fishing is done at night), and depletes
the fish population in these restricted waters.
i6 R F . Sponsor and support legislation to allow
munlotpalltles with stormwater utilitlaa to charge stormwater utility foes to FOOT at the some
rats charged to commercial property owners,
The Increased awareness of the harmful, sheets of untreated stormwater runoff on our rivers and lakes is
prompting municipalities to develop stormwaler Wities and impose fens on property owners based on the
amount of Impervious surface on the property. Communities with State roadways can experience a great
deal of stormwater runoff from the impervious surface of such roads. However, there is currently no wary
for affected municipalities to charge FDOT for the storrriwater runoff which passes from their impervious
roadways to the municipal drainage! systema.
02/13/97 19:00 TX/RX NO.8446 P.004 0
Feb -13-97 05=51P space coast league
From : TKe Orrice o:` E. LORRa I ill= GOTT PHONE No.
407 636-3193 P_05
407 177 4269 Fes. 13' 1997 5' U_2PM F10-5
17- BEAQH EJENOUR18HMENT. (a) Sponsor and support legislation which provides 10Q . of the
State's matchirtV requirement for federal beach renourishment projects. (b) Ask Enterprise
Fkwkla to commission a study to determine the Impact of statewide beach erosion. (c) Ask
Govemor Chiles to appeal to President Clinton to reinstate the historic rote of the federal
government In beach renourlshment IhitIoUvea.
The physloal and economic survival of revenue -generating coastal communtties, benefitting all Florida
ctttzene, relies on beach ronourfahmont projects funded jointly from federal, state, and county eouroce.
noridws beach erosion exoeeds an aesthetic problem. K is on i=uc of great importance, with impiicationa
affecting physical land losses, ecology, property rights, tourl rn, and Coonomic dovebpmonl.
913- CLEANUP OF ABANDONED STORAGE TANKS. Provide funding to reimburse municipalities
for cleanup projects Initiated under the original cleanup program,
For example, the Chy of Rockledge completed a cleanup, but rPcetvea only partial retmburr;ement clue to
State funding shortages.
19. ONE -SME ENVIRONM155NTAL PERMITTING. Commission and fund a study to determine
actual environmental -permuting needs and streamline the permitting process to establish
efficient, one-stop permitting.
The permitting process for wastewater and stormwater projects has become cosily and t+me-consuming.
Much of it is unnecessary, duplicative, and In need of evaluation for actual need.
20, MUNICIPAL ADVERMNING. Sponsor and support legislation which would eliminate the
requirement that municipal adverHaIng appear In a newspaper which Is published at least
five days s week and allow municipalities to determine and select the moat cost-effective
method to disseminate required Information to their residents and property owners.
Many small communities (such as Melbourne 9each3 could do a direct mailing to all residents and property
owners for less than h costs to advertise in the large -circulation newspapers, The current practice creates
a windfall for such newspapers, but causes entail municipalitles to waste Ilrnited resources.
21. UNDERGROUND ELECTRIC UTILMEeu. Commission and fund an independent, unbiased,
comprehensive study of the total liiecycle costs and bene►fiits of overhead versus
underground electric utilities, Including design, construction, maintenance, operation, and all
ancillary activities.
Much Interest has been generated in the installation and/or relocation of electric utilities from overhead to
underground for reasons of health and safety, environment, disaster and storm -damage mltlgatlon,
aesthetica, and fife -cycle cost savings. Costa for overhead uttittles from weather concittlons (such as
hurricanes, tropical storms, high winds, and salt spray) are substantial with respect to damage, outages,
and inconvenience to residential and commercial customers. No such study has been performed on
electric uttWI" within the Slate of Rorlds_ Aequest that Aire study committee be composed of professionals
not associated with any electric utility or the Public Service Commission, including engineers, economists,
public admlydstratom local political ieaders, sociologists, business persons, health professionals, and
environmentadtt ts.
22. W
A-1MRA611AGEMENT ALTERNAXWCA. Support any legislation that would provide
economic and regulatory Incentives to promote environmentally- and technicalty4aasibie
water (quality and supply) I"anagement altertzatives, such as water conservation, wastewater
reuse, aquifer storage and recovery, desalination, and the use of surface waters.
23. #TOME RULE, Support any legislation that would allow municipalities to set rates, establish
levels of service for needed public services, provide programs, manage all aspects of
Employee safades and benefits, and otherwise enjoy autonomous home rule, aicoording to
the financial ability of thelr communities.
Home rule is the cornerstone of focal government. Munielpalhles need the abgny to manage local &heirs
according to the needs and desires of their citizens.
02/13/97 19:00 TX/RX N0.8446 P.005 0
Meeting Type: Regular
Meeting Date: 03404-97
t
tNA `
tw'TG
YERAt
AGENDA
Heol
Ordinance - 1st Reading
Item
3
No.
correspondence.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 02-97, AMENDING CHAPTER 110, ARTICLE V, NONCONFORMITIES
DEPT./DIVISION: PLANNING & ZONING/PUBLIC SAFETY
Requested Action:
That the City Council consider the approval of Ordinance No. 02-97 at first reading.
Summary Explanation & Background:
This is a petition request by Mr. Jovan Barzelatto, Vice President of Avalon Custom Homes, Inc.
Planning & Zoning Board made their recommendation for approval on 02-12-97.
Building Official Whitey Moran is in opposition to this proposed change �for the reasons stated in his 02-13-97
correspondence.
Please advise.
Exhibits Attached:
Ordinance No. 02-97; Letter from Mr. Barzelatto dated 10-25-96; Correspondence from building official dated
02-13-97
City Mama Office
Department
I: . 00uncnlmec6n&\03-o49702-97AM
ORDINANCE NO. ° 1/ 97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 110, ARTICLE V,
NONCONFORMITIES, BY AMENDING SECTION 110-193,
NONCONFORMING STRUCTURES; PROVIDING AN EXCEPTION TO
THE PROHIBITION OF ENLARGING NONCONFORMING RESIDENTIAL
STRUCTURES ON NONCONFORMING LOTS OF RECORD; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Article V, Nonconformities, of Chapter 110, Code of Ordinances of the
City, provides in part that nonconforming structures are prohibited from having the nonconformity
enlarged or extended because they are deemed incompatible with permitted structures and their
existence are not encouraged; and
WHEREAS, the Council has determined that there exists within the zoning districts of the
City nonconforming residential structures which are constructed on nonconforming lots of record
as defined within the Code of Ordinances of the City; and
WHEREAS, the Council has determined that many such structures are deemed
nonconforming because a portion of the structure extends within a required setback; and
WHEREAS, the Council has determined that many of these structures have fallen into
disrepair and are causing a blighting effect due to the fact that the structure may not be enlarged
without significant financial cost which may be prohibitive; and
WHEREAS, the Council has determined that it is advantageous to the City to retain the
single-family characteristics of these structures and that an allowance of limited extension or
enlargement of certain nonconformities may encourage the revitalization of these neighborhoods.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Section 110-193, Nonconforming Structures, is hereby amended by the
addition of a new subparagraph (5) as follows:
110-193(5) Notwithstanding the provisions of this chapter, a single-family
nonconforming structure existing as of the date of this ordinance on a
nonconforming lot of record may increase a presently existing nonconformity
provided the nonconformity is the existence of a portion of a structure within a
required setback. Additionally, the proposed increase shall not create a new
nonconformity within the Code of Ordinances of the City.
City of Cape Canaveral
Ordinance No. -97
Page 2
SECTION 2. SEVERABILITY. If any section, paragraph, phrase, or word of this
Ordinance is held to be unconstitutional or invalid, such portion shall not affect the remaining
portions hereof, and it shall be construed to have been a legislative intent to pass this Ordinance
without such unconstitutional or invalid part.
SECTION 3. CONFLICTING PROVISIONS. Any ordinance or resolution, or parts
of an ordinance or resolution, in conflict herewith are repealed.
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect immediately upon
its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day
of , 1997.
John K. Porter, MAYOR
ATTEST:
Sandra O. Sims, CITY CLERK
Approved as to Form:
Kohn Bennett, CITY ATTORNEY
I
CUSTOM HOMES INCORPORATED
DESIGN/ BUILD
October 25, 1996
City of Cape Canaveral
Planning and Zoning Board
105 Polk Avenue
Cape Canaveral, FL 32926
Dear Gentlemen and Ladies:
Please let this letter serve as formal request for consideration to amend Article V of the City of
Cape Canaveral Code of Ordinances; more specifically Section 110.191 paragraphs (a) & (d) and
Section 110.193 paragraph (1) which are adversely affecting the renovation of existing non-
compliance properties.
Please schedule the above consideration for request to be heard at the meeting on November 13,
1996.
Sincerely,
AVALON CUT OMES 1
Jo an . Ba tt
ice President
V
gQ��CL
8660 A��, �.,�.� CL,cL Su. 2 • Cn� Cc, n„-. -�L. PL 32920
P1 -x_. (407) 868.5040 • Pc.. (407) 868.1008 a Lac. ' C6C032922
--
. , �
,-
k.
...
:�
y
-
_
f
CAPE CANAVERAL CODE
CDB:14
i
Code
Description
Amount
Section
(3) Single-family home ..................................
100.00
(4) Improvements of insignificant impact (as defined by Or-
dinance No. 3-90) ....................................
20.00
(b) Reservation of priority of an applicant over subsequent ap-
plications is by prepayment of concurrency review fees
86-7
Chapter 90. Floods
Article IV. Stormwater Management
(a) Permit fee ..............................................
90-131
(b) Inspection fee ...........................................
90-195
Chapter 94. Signs
(a) Permit issuance fee ......................................
10.00
94-35
(b) In addition, an inspection fee per square foot of sign area ..
0.50
94-35
(c) Reinspection fee .........................................
5.00
94-35
(d) For commencing work without a permit, all fees shall be
�.
double
(e) Political sign deposit (refundable) .........................
40.00
94-78 y
Chapter 98. Subdivisions
(a) Variance application fee .................................
100.00
98-4
(b) Plat fee schedule. The fee schedule for review of replat/
subdivision of land shall be:
98-53
(1) One, two or three lots ...............................
37.50
(2) Four or more lots ....................................
50.00
Plus $7.50 per lot, not to exceed $500.00
(c) Resubmission. Changes to approved replat/subdivision of land
shall be charged at a rate equal to 50 percent of the original
fee.
Chapter 102. Vegetation
Article 11. Tree Protection
(a) Removal of tree in lieu of replacement, per inch of dbh.....
50.-00
102.41
Chapter 110. Zoning
(a) Application for rezoning .................................
100.00
110-92
(b) Application for proposed amendment to chapter ...........
100.00
110-92
(c) Application for a special exception or variance ............
100.00
110-92
CDB:14
i
City of Cape Canaveral
105 POLK AVENUE • P.O. BOX 326
CAPE CANAVERAL, FLORIDA 32920
s> -y TELEPHONE 407 783-1100
WON
CITY OF
CAPE WAVEW
February 13, 1997
MEMORANDUM:
TO: City Council Members
FROM: G. J. Moran, CBO �Iv
Building Official
Subject: Proposed Ordinance Amendment Relating To Code Section 110-193,
Nonconforming Structures
The above referenced proposed ordinance amendment that has been discussed by the
Planning & Zoning Board during the meetings held on November 13, 1996, December
11, 1996, January 8, 1997, January 22, 1997 and was recommended for approval, by the
Planning & Zoning Board on February 12, 1997, is, in my opinion, a selective
amendment that would allow only a very small segment of property owners in the city a
privilege that is not afforded to any other individual or group of property owners.
The proposal is restricted to only those property owners that own a single family structure
and excludes anyone that owns a duplex, triplex, quadroplex or a commercial structure.
The proposal also restricts that privilege to an even smaller segment of property owners
that own a non -conforming lot of record and excludes anyone that has a conforming lot.
The proposal then restricts the privilege to an even smaller segment of property owners
that own a non -conforming structure and excludes anyone that has a conforming
structure.
The proposal then further restricts this privilege to only those property owners that own a
non -conforming structure that is non -conforming only relating to setbacks and excludes
anyone that may have other non -conformities, such as structure coverage.
The proposed amendment would also create the allowance of a second story being added
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
Memorandum to Council
Sec 110-193
Feb. 13, 1997
page 2
to a structure that is a single family residence on a non -conforming lot of record, that is
non -conforming in relation to setbacks and is presently within six feet of a major city
street right of way.
My recommendation in this matter has not changed since my initial staff report dated
October 15, 1996 and subsequent recommendation to the Planning & Zoning Board on
November 27, 1997. I do not feel that this amendment is in the best interest of the
majority of the property owners of the City of Cape Canaveral, or that it reflects the
policy this city, as well as most governmental entities, have taken toward prohibiting the
increase in non -conformities in an effort to, at some time in the future, eliminate them
entirely as they tend to detract from safety and appearance but also, in the majority of
instances, lower property values in the surrounding area.
The Building Department will, however, continue to enforce any code, that this Council
deems appropriate to adopt, with fairness and impartiality.
attachments: Copy Staff Report dated Oct. 15, 1996
Copy Memorandum dated Nov. 27, 1996
Copies Of Other Municipalities Non -Conforming Ordinances
Depiction Of Possible Allowance
STAFF REPORT
October 15, 1996
TO: Planning & Zoning Board Members
FROM: G. J. Moran, CBO
Building Official
EXISTING NON -CONFORMING LAND USE ISSUES
Non conformities have been in existence, in one way or another, since time began due to
an individual, or groups, idea of what is, or is not, permissible and appropriate.
Land use issues that deal with items such as setbacks, land coverage, height and densities
have historically been controversial and hotly debated issues, both pro and con.
Cities, since the mid seventies, have begun to address the problems associated with
appearance issues such as the tenement or row house look, drainage problems caused by
excessive lot coverage, accessibility for fire fighting purposes, damage during major
storms, to adjacent structures, caused by flying debris, and the list goes on.
All states, counties, cities, towns and municipalities have, in one way or another, enacted
laws, ordinances or codes to address the issues stated previously and specifically to
address the existing land and/or structures built prior to enactment of today's zoning
ordinances in an effort to rectify, or at least control, any increases in intensity or
violations of these ordinances. These laws, ordinances or codes relate to non -conformities
that have existed prior to any rules having been enacted or caused by the enactment of a
new rule that may create a non -conformity.
The basic premise behind this approach is that if the driving force of an issue is related to
making an existing problem even more of a problem then it should not be allowed and at
some time in the future due to financial considerations, non -usability for the purpose
needed, deterioration, increased land values or a combination of these issues the problem
will go away due to infeasibility, and any allowed increase in usability or value
associated with the non -conformity would merely prolong the problem or result in the
escalation of problems relating to appearance, drainage, fire and wind damage issues.
(continued page 2)
page 2
Simply said,
"ALLOWING A NON -CONFORMITY TO INCREASE, IN ANY WAY, ONLY
INCREASES THE EXISTING PROBLEM"
It is therefore, my considered opinion, that ordinances that control or restrict the increases
in non -conformities are necessary and are extremely beneficial, not only to the
governmental entities involved, but also, to the general citizenry as these ordinances, over
time, tend to rectify past mistakes that allowed the over coverage of land, structures built
too close to property lines, excessive heights, little or no drainage, etc., and this will not
only, over time, lessen the impact created by these issues, but also improve the overall
community appearances in these areas, improve drainage, reduce erosion problems,
reduce local flooding during storms and attain compliance with the appropriate provisions
of the comprehensive plan as adopted by the City of cape Canaveral.
MEMORANDUM:
November 27, 1996
TO: Planning & Zoning Board Members
FROM: G. J. Moran, CBO
Building Official
SUBJECT: Nonconformity's
Definition: Means any lot, use of land, use of structure, use of structure and premises or
characteristics of any use which was lawful at the time of enactment of the ordinance
from which this section is derived but which does not conform with the district in which
it is located.
Article V. Sec. 110 - 193. Nonconforming structures.
(4) Where a lawful dwelling structure, located on a single lot of record, exists at the
effective date of adoption or amendment of the ordinance from which this section is
derived that could not be built under this chapter, such structure may be repaired,
enlarged, extended, rebuilt, reconstructed or structurally altered, provided
that setback dimensions, maximum lot coverage, building setback lines
and other requirements of the additional structure conform to the
regulations for the district in which such lot is located.
In regard to the recent proposal to the planning & zoning board by Mr. Jovan Barzellato
to amend the present code to allow a nonconformity to increase within certain districts of
the city it appears that there may be some confusion as to the present requirements.
(continued page 2)
page 2
The code as presently written does not prohibit a property owner from making
improvments or the construction of additions on his property, it merely prohibits him
from increasing the portion that is in violation. Additions, second stories, garages,
carports, sheds, remodels, patios, decks and swimming pools may be legally constructed
at the present time and meet the code requirements, as long as they do not increase the
existing nonconformity or create another nonconformity.
Although it is the intent of the code, as stated in Sec. 110 - 191, (a), not to encourage the
continuance of nonconformity's, the code, as written, addresses the specific violation and
is not, in my considered opinion, so prohibitive as to create a hardship.
It is therefore staff's recommendation that the Planning & Zoning Board recommend
denial of this request to the City Council.
cc: Bennett Boucher, City Manager
file
-19-1997 4:03PH FPO1 COCOA BCH BLDG DEPT 40786a3376 P.6
(a) No such nonconforming use shall be enlarged or increased, not extended to occupy
a greater area of land than was occupied at the effective date of adoption or
amendment of this ordinance.
(b) No such nonconforming use shall be moved in whole or in part to any other
portion of the lot or parcel occupied by such use at the effective date of the
adoption or amendment of this ordinance.
(c) If any such nonconforming use of land ceases for any reason for a period in excess
of six (6) months, any subsequent use of such land shall conform to the regulations
specified by this ordinance for the district in which such land is located.
(d) Where land is now used for a purpose excluded in the district within which such
land is located, such excluded use not being accessory to the use of the main
building located on the same plot or grounds, such excluded use shall be
discontinued and all materials located on such plot shall be completely removed
within three (3) years of the date of passage of this ordinance [November 12,
1964].
(4) Nonconforming structures. Where a lawful structure exists at the effective date of
adoption or amendment of this ordinance that could not be built under the terms of this
ordinance by reason of restriction on area, lot coverage, height, yards, parking and
landscaping requirements, or other characteristics of the structure or its location on the
lot, such structure may be continued so long as it remains otherwise lawful, subject to the
following provisions:
(a) No such structure shall be enlarged, increased in size or altered in a way which
increases its nonconformity. Nonconforming structures shall not be enlarged nor
increased in size unless such structures and premises are also modified to conform
to all current off-street parking and landscaping requirements for the total square
footage of building on the site and not just the enlargement.
(b) Should such structure be destroyed by any means to an extent of more than fifty
(50) per cent of its replacement cost at time of destruction, it shall not be
reconstructed except in conformity with the provisions of this ordinance.
(c) Should such structure be moved for any reason for any distance whatever, it shall
thereafter conform to the regulations for the district in which it is located after it is
moved.
(5) None0i forming uses of sh-uclures. If a lawful use of a structure, or of structure and
premises in combination, exists at the effective date of adoption or amendment of this
ordinance, that would not be allowed in the district under the terms of this ordinance, the
lawful use may be continued so long as it remains otherwise lawful, subject to the
following provisions, and the applicable provisions of Subsection 8(6) of this ordinance:
(a) No existing structure devoted to a use not permitted by this ordinance in the
district in which it is located shall be enlarged, extended, constructed,
reconstructed, moved or structurally altered except in changing the use of the
structure to a use permitted in the district in which it is located; provided,
however, that any structure devoted to a nonconforming residential use in RS -2 or
b.. .'
ru
4 3.44.19 ALTAMONTE SPRINGS CODE
3.44.19.2 The city shall bill the property owner for costsp f F
stru4
impoundment and may establish such impoundment fees by resoxl
by 1
lutior, as are necessary to cover city costs and deter violationsof', :
`;
autl-
"
the applicable regulations. If the owner of the premises is not the .
a re
ks
owner of the property to be impounded, he may release the prop
buil
erty to the city and shall not be liable for any costs. Otherwise alf
thirty (30) days of the original impound•
plic,
costs not paid within .
ment shall be a lien against the parcel from which the property
(b) Exc(
was impounded after a notice of lien is recorded by the city in the
subj
public records of Seminole County. The city may foreclose such `:;
by s
lien, or bring a separate suit for the amount due. Included in the =
dam
fift
I
expenses recoverable by the city are the costs of filing the notice
Y
tion
and legal expenses incurred in connection with the collection of
the amount due hereunder.. e -'
orti
ordi
3.44.20 Nonconforming uses. �.'
3.44.20
3.44.20.1 Intent. Within the districts established by this zones'
use or stri
that may later be adopted there may
ing or amendments Y
r,
extend the
code
(a) lots, (b) structures, (c) uses of land and structures, and (d)
was arrant
kl
exist:
of use which were lawful before this zoning code
of the elle
characteristics
or amended, but which would be prohibited, re la "x-
board of zc
was passed
ed, or restricted under the terms of this zoning code or future ,
struction
amendments. It is the intent of this zoning code to permit these
made exce
nonconformities to continue until they are removed, but not. to
(a) So
encourage their survival. It is further the intent of this zonng
pro
code that nonconformities shall not be enlarged upon, expanded
(b) Wit
or extended, nor be used as grounds for adding other structuress"
or uses prohibited elsewhere in the same district, except as pro- , ,
noon
vided herein.
3.44.20.2 Repairs and maintenance:
3.44.20.
f
(a) On any nonconforming structure or portion of a structure
(a) Am
.
1
A
and on any structure containing a nonconforming use, work,
(12) consecutive months
of
the
may be done in any period of twelve
incidental alterations for mare
ant
on ordinary repairs, or on
up to the extent of twenty (20) per cen
p tioi
tenance purposes,
of the current assessed valuation of the structure (or of the -'
ren
nor
nonconforming portion of the structure if a nonconformir!S
that in a buil
portion of a structure is involved), provided
to use,
(b) Wr
ing or structure which is nonconforming as $
mo
34p. No. 2
Supp. No. l 242
�,j
§ 24.147 WINTER, GARDEN CODE
Angle of Parking
90 degrees (perpendicular to curls)
Traffic lanes with no parking
60 degrees .
Minimum Width of Lane(s)
One-way Two -Way
Feet Feet
20 23
14 22
18 Not Permitted
(7) Vehicular over -hang, When landscape areas are curbed and a raised curb is used for
a wheel stop for head -in parking, the twenty -foot dimension of the nine -foot by twenty.
foot parking space requirement may be reduced to eighteen (18) feet.
(Code 1969, § 29.46; Ord. No. 92.31, § 1, 6.11.92)
Sec. 24.14$. Off-street loading requirements.
(a) Every institution, commercial, or industrial building or similar use having a floor
area of ten thousand (10,000) square feet or fraction thereof requiring the receipt of distribu-
tion by vehicles of materials and merchandise shall have at least one (1) permanently main-
tained off-street loading space for the first ten thousand (10,000) square feet and 6ne (1)
additional space for each twenty thousand (20,000) square feet of gross floor area or fraction
thereof, over and above the first ten thousand (10,000) square feet.
(b) Retail operations, wholesale operations, and industrial operations with a gross floor
area of less than ten thousand (10,000) square feet shall provide sufficient space for loading
and unloading operations in order that the free movement of vehicles and pedestrians over a
sidewalk, street, or alley, shall not be impaired.
(c) Location and dimension of off-street loading spaces: Each space shall have direct
access to an alley or street and shall have the following minimum dimensions: Length, thirty
(30) feet; width, twelve (12) feet; height, fourteen (14) feet.
(Code 1969, § 29-47)
Secs, 24-149-24-166. Reserved.
ARTICLE VII. NONCONFORMING USES
Sec. 24.166, Existing nonconforming structures.
E:cisting nonconforming structures may remain, subject to the following regulations.
(1) Alterations. A nonconforming building shall not be enlarged, replaced, or altered
except in conformance with this chapter. A nonconforming building may, however, be
restored to a safe condition if declared unsafe by the administrative official or other
official with jurisdiction, providing such restoration does not constitute more than
fifty (50) percent of the building's fair sale value.
SupQ. N�. 5 1544
B. Extension or Expansion of Nonconforming Structures
r-
` No nonconforming structure shall be enlarged, increased, or
extended to occupy a greater area than it occupied at the
effective date of this Code except as follows:
1. Any nonconforming structure may be enlarged provided the
extent of nonconformity is not increased and the
enlargement meets all requirements of this Code appli-
cable to the zoning district in which such structure is
located.
C. Relocation of a Nonconforming Structure
Any nonconforming structure may be relocated to any portion
of the lot or parcel upon which it is situated provided the
relocation results in a lesser extent of nonconformity than
existed prior to its relocation.
D. Conversion of a Nonconforming Structure or Part Thereof
Any existing structure in which a nonconformity of the
structure is altered, changed or replaced by a conforming
structure, said structure shall thereafter conform to the
regulations of the zoning district in which such structure is
located, and said terminated nonconformity shall not there-
after be resumed nor shall any additional nonconformity be
permitted.
E. Alteration and Repairs
Normal maintenance and repair and incidental alteration of a
nonconforming structure is allowed, provided it does not
increase the degree of nonconformity nor extend the area or
volume of space occupied by the nonconforming structure.
F. Change in Tenancy or Ownership
There may be a change in tenancy, ownership or management of
a nonconforming structure provided there is no change in the
nature or character of the structure that would increase the
degree of nonconformity.
198
Feb -19-97 02:23P City of Flagler
§ 27-643 NEPTUNE BEACH CODE
Secs. 27.643-27-700. Reserved.
ARTICLE XVIII. NONCONFORMING
LOTS, STRUCTURES, USES AND SIGNS
Sec. 27-701. Reserved.
Sec. 27-702. Generally.
Within the districts established by this Code,
there exists lots, structures, and uses which were
lawful before the adoption of this Code, but which
would be prohibited, regulated or restricted under
the provisions of this Code or future amendments.
This part prescribes how these nonconformities
may be continued or made to comply with this
Code.
(Ord. No. 91-1-5, § 2, 5-6-91)
Sec. 27-703. Purpose and intent.
(a) The provisions of this part shall be imple-
mented to achieve the following purposes and in-
tentions of the city council:
(1) To permit nonconformities until such time
as they are removed, discontinued, or en-
larged;
(2) To ensure that nonconformities that are re-
moved, discontinued, or enlarged shall be
made to conform to all provisions of this
Code.
(b) Notwithstanding the provisions of paragraph
(a) above, it is intended that the enforcement of
this part shall not unduly restrict the right to
reconstruct substantially damaged or destroyed
residential structures, in residential districts,
where nonconformities exist only in regard to den-
sities, yards, and lot areas.
(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 1994-15, §
3,8-1-94)
Sec. 27-704. Definitions.
The following words, terms, and phrases, when
used in this article, shall have the meaning as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Nonconforming development means any struc-
ture or use of a structure which on the effective
date of this Code does not conform to the provi-
sions for the district in which said lot is located.
904 517 2000
Nonconforming lot of record means any lot
which, on the effective date of this Code!, does not
conform to the lot area or width requirements es-
tablished for the district in which said lot is lo-
cated.
Supp. No. 5 1644
Nonconforming sign means any sign which on
the effective date of this Code is prohibited by
article XVI of this Code, exceeds ten (lb) percent
of the height and size limitations as provided for
in article XVI, or otherwise does not conform to
the requirements of this Code.
(Ord. No. 91-1-5, § 2, 5-6-91; Ord. No. 1994-15, §
4,8-1-94)
Sec. 27-705. Nonconforming lots of' record.
Nonconforming lots of record may be used for
any use permitted in the district, provided all oth-
er density control requirements are met.
(Ord. No. 91-1-5, § 2, 5-6-91)
Sec. 27-706. Nonconforming development.
(a) Continuance of nonconforming deuelopment.
Subject to the provisions below for terminating
nonconforming development, nonconforming de-
velopment may remain in its nonconforming state,
if.
(1) The nonconformity was otherwise lawful
and in existence on the effective date of this
Code; or
(2) if a building permit was issued prior to the
adoption of this Code, provided that con-
struction commences within six (6) months
of issuance and continues in good faith.
Otherwise the issued building permit shall
be become invalid and shall not be renewed
except in conformity with all provisions of
this code.
(b) Terminating nonconforming development.
Except as otherwise provided herein nonconform-
ing development shall be brought into full com-
pliance with all provisions of this Code, in con-
junction with the following activities:
(1) The gross floor area of the development is
expanded -
(2) Reconstruction of the principal structure af-
ter the structure has been substantially de -
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1
2. No structures shall be built on or over water except docks and the regulation of said
docks, piers, wharfs, and mooring piles or piers of any nature shall be applicable to all
applicable regulations of the State of Florida and all local ordinances per,aining to the
same.
6.85 Accessory and Temporary Structure Regulations
Except at hereinafter provided, no accessory or temporary structure shall project into the
required yard or encroach into easements, parking areas, or other required areas.
1. Tents, cabanas, outdoor shelters, sheds, loot houses, and other enclosed and
temporary strucutres;may be constructed in a required rear yard provided that such
accessory buildings do not occupy more than tirty (30) percent o1 the required year yard
and provided it is not located closer than live (5) feet to a side or rear lot line.
tr'Travel trailers,campers, and boals may be stored in a side or rear yard provided they are
not connected to utilities nor utilized for dwelling purposes.
6.86 Nonconforming Uses
1. Continuation of Use -A use, building or structure, la1MUlfy In existence at the effective
date of the Ordinance, which shall be made nonconforming at the passage of this
Ordinance or any applicable amendment thereto, may be continued except as
otherwise provided in this article.
2. Regulation of Nonconforming Uses and Structures - No existing building or premises
devoted to a nonconforming use shall be enlarged, extended, reconstructed,
substituted or structurally altered except when changed to a conforming use, or when
required to do so by law and as follows:
a. Restoration - Any nonconforming structure which has less than seventy-five (75)
percent of its previous existing floor area made unsafe or'unusable may be
restored, reconstructed, or used as before, provided that the' floor area of such
use, building or -structure shall not exceed the floor area which existed prior to such
damage. All repairs shall be completed within six (6) months after damages occur or
such use shall not be rebuilt except as a conforming use.
b. Repairs - Normal maintenance, repair and incidental alteration of a structure
containing a nonconforming use Is permitted, provided it does not extend the area
or volume of space occupied by the nonconforming use.
A building or other structure containing residential nonconforming uses may be
altered in any way to improve Interior livability, provided, however, that no structural
afterations shall be made which would Increase the number of dvWling units.
3. Termination of Nonconforming Uses and Structures
a. Abandonment - A nonconforming use not used for a period of twelve (12) months
or the change of use to a more restricted or conforming use for any period of time
shalt be considered an abandonment thereof and such nonconforming use shall
not thereafter be revived. -