HomeMy WebLinkAboutAgenda Packet 07-01-1997CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
CONSIDERATIONS:
ity of Cape Canaveral
Al, REGULAR MEETING
Y HALL ANNEX
ue, Cape Canaveral, Florida
TUESDAY
July 1, 1997
7:00 P.M.
AGENDA
1. Motion to Approve: Minutes, May 20, 1997 Regular City Council Meeting
Minutes, June 3, 1997 Regular City Council Meeting
Minutes, June 17, 1997 Regular City Council Meeting
Minutes, June 20, 1997 Special City Council Meeting
2. Motion to Approve: Pedestrian Bridge Design Concept
3. Motion to Approve: Temporary Permit Extension for Tricon Development, Construction
Trailer
4. Motion to Approve: Cooperative Purchase of Playground Equipment for Long Point
Neighborhood Park with Cedar Grove, in the amount of $7,711.02
5. Motion to Approve: School Resource Officer Agreement with the City of Cocoa Beach, in
the amount of $4,618.34.
d:\cityclerk\cityclk\agenda\regulat\ l 99707-01-97. doc
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
IFIty Council Regular Meeting Agenda
July 1, 1997
Page 2
RESOLUTIONS
6 Motion to Approve: Resolution No. 97-19, opposing the Florida Department of
Environmental Protection's proposal to permit clamming in areas
within the City of Cape Canaveral and the City of Cocoa Beach.
A RESOLUTION OF THE CITY OF COCOA BEACH AND CITY OF CPAE CANAVERAL,
FLORIDA ADDRESSING THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL
PROTECTION, PROPOSED RECLASSIFICATION OF WATERS TO PERMIT COMMERCIAL
CLAMNO NG IN AREAS WITHIN AND ADJACENT TO THE CITY OF COCOA BEACH AND THE
CITY OF CAPE CANAVERAL, FLORIDA.
DISCUSSION:
7. Providing Reuse Water to Port Canaveral
8. Proposed C-2 Zoning District
REPORTS:
9. City Manager's Report
AUDIENCE TO BE HEARD:
Continents will be heard on items that do not appear on the agenda of this meeting. Citizens will limit
their comments to five (5) minutes. The City Council will not take any action under the "Audience To
Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act
upon them in the future.
REPORTS CONTINUED:
ADJOURNMENT:
Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting, that person
will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to
be based. This notice does not constitute consent by the City for the introduction or admission into evidence of
otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed
by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the
City Clerk's office (868-1221) 48 hours in advance of the meeting.
D:\cityclerklCityClk\AGENDAIREGULAR11997\07-01-97.doc
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 20,1997
7:00 P.M.
MMTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present Council Members Absent
Burt Bruns
PRESENTATIONS:
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
Public Works Director, Edward Gardulski
Building Official, G. J. "Whitey" Moran
Canaveral Precinct Commander, Major George McGee
Mayor John Porter and Mayor Pro Tem Rocky Randels presented the
Mayor's Award to Maggie Johnson, Maggie's Nrni Nursery for her endless
contributions and volunteerism to the city. They commended her specially for
her tireless efforts in making the Board Appreciation Banquet an exquisite
affair with lush plants and personal items.
CONSIDERATIONS:
1. (Tape 1, 37) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to
approve the April 15, 1997 Regular City Council Meeting Minutes. The motion passed 4-0
with voting as follows: Mr. Bruns, For; Mr. Petsos, For, Mayor Porter, For, and Mayor Pro
Tem Randels, For.
2. (!Tape 1, 112) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to
approve the Stottler, Starmer & Associates Proposal to Design and Permit a Pedestrian
Bridge in the amount of $12,200 with funding from Brevard County Impact Transportation
Impact Fees. Mr. Randels stated that he has reviewed the scope of services closely and
determined that it is justifiable. He queried, why is the bridge 8' wide, when the sidewalk is 5'
d:\cityclak\cityctkVninutesVegular\ 199705.20-97. doe
City Council Regular Meeting Minutes
May 20, 1997
Page 2
wide? Mr. Petsos opined that it is possible to step aside from a sidewalk when pedestrians or
bicycles pass, whereas, it is not possible on a bridge. Further, people may tend to congregate
on the bridge. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For;
Mayor Porter, For; and Mayor Pro Tem Randels, For.
(Tape 1, 487) Mr. Randels reported that a Voting Delegate to the Space Coast League of
Cities is required. Mr. Petsos, serving as Vice President to the League, is an automatic voting
delegate. Therefore, the city merits another voting person. A motion was made by Mr. Petsos
and seconded by Mr. Bruns to appoint Mayor Pro Tem Randels as the city's voting delegate to
the Space Coast League of Cities. The motion passed 4-0 with voting as follows: Mr. Bruns,
For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
4. (Tape 1, 569) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Petsos to
approve the Interlocal Agreement with Brevard County to fund the design of a pedway
along the east side of SR AIA. City Manager, Bennett Boucher, explained that the city has
three possible construction options: to let for bid, use the county contractors or piggy -back
with the Canaveral Port Authority. Mayor Porter suggested that pedway construction begin if
it will not be affected by the Port's pending sewer line construction. The motion passed 4-0
with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For and Mayor Pro
Tem Randels, For.
RESOLUTIONS
5. Mayor Porter read Resolution No. 97-13 by title (Tape 1, 962)
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING A REGULAR MEMBER TO THE CODE ENFORCEMENT BOARD OF THE CITY
OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Randels to approve
Resolution No. 97-13, inserting the name Charles Biederman. There was no public comment.
The Resolution was approved 4-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For;
Mayor Porter, For; and Mayor Pro Tem Randels, For.
6. Mayor Porter read Resolution No. 97-14 by title. (Tape 1,1008)
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REAPPOINTING REGULAR MEMBERS TO THE COMMERCIAL DEVELOPMENT BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve
Resolution No. 97-14, inserting the names Bertie Edwards, Leonard Folcarelli and Pamela
Tuscany Warren. There was no public comment. The Resolution was approved 4-0 with
voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem
Randels, For.
City Council Regular Meeting Minutes
May 20, 1997
Page 3
7. Mayor Porter read Resolution No. 97-15 by title. (Tape 1,1047)
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
REVISING THE SCHEDULE OF FEES FOR ZONING PETITIONS, ORDINANCE AMENDMENTS,
SPECIAL EXCEPTIONS, AND VARIANCES; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve
Resolution No. 97-15.
Mr. Randels expressed concern that the appeals cost is not being included for increase.
Building Official, G. J. "Whitey" Moran, related that the most recent appeal cost the city over
$5,000. Council concurred that $250 as opposed to the current $100 fee for appealing could
deter frivolous appeal petitions. Mr. Hans Saurenmann, resident, stated that he is opposed to
increasing the fee to appeal. He opined that persons with good reason to appeal should not be
penalized by the appeal filing fee. There was no further public comment.
An amending motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to
increase the appeal filing fee to $250. The motion passed 4-0 with voting as follows: Mr.
Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
The main motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For, Mayor
Porter, For; and Mayor Pro Tem Randels, For.
PUBLIC HEARINGS
ORDINANCES - SECOND READING:
8. Ordinance No. 02-97 (Tape 1, 1439)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL
ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3
(MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT) AS
DESCRIBED IN EXHIBIT "A"'; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING
FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
City Manager, Bennett Boucher distributed a letter from the applicant requesting that the
ordinances 02-97 and 03-97 be tabled until June 3, 1997.
A motion was made by Mr. Bruns and seconded by Mr. Petsos to table both Ordinance
Nos. 02-97 and 03-97 until June 3, 1997.
City Council Regular Meeting Minutes
May 20, 1997
Page 4
9. Ordinance No. 03-97
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN
CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
DISCUSSION•
10. Construction of the east -west section of Tower Boulevard (Tape 1, 1542)
Mr. Hunt Shuford, President of Shuford Mills and Cevesco, who owns Tower Boulevard, was
present. Mr. Shuford stated that he thought the road was quit -claim deeded to the city in 1990.
Mayor Porter stated that the city's policy has been all along that a roadway must be constructed
in accordance with city specifications before the city can retain ownership and maintenance.
Mr. Shuford asserted that his company is willing to commit $10,000 toward the Tower
Boulevard construction, with the stipulation that the street be renamed after Mr. George
Firkins.
Public Works Director, Ed Gardulski, reported that the reconstruction cost is estimated to be
$50,000, excluding curbing. Curbing will cost an additional approximate $16 per foot, or
$12,000.
City Manager, Bennett Boucher, reported that he has spoken to Mr. Krusak, owner of the Post
Office Building (50% frontage of Tower Boulevard). He related that Mr. Krusak is willing to
pay a front foot special assessment to reconstruct Tower Boulevard. Mr. Donald Haynes,
owner of 22% of the property frontage, was present and expressed willingness to pay a special
front footage assessment. Mr. Art Berger, owner of the remaining 28% of frontage, was not
present to express his opinion of a special assessment. Mr. Hans Saurenmann, resident, opined
that the Post Office is an asset and service to Cape Canaveral residents and the city should
extend an effort to reconstruct the street.
City Attorney, Kohn Bennett, stated that hard costs must be determined before a special
assessment could be considered. He further asserted that it would be much less expensive to
negotiate a settlement agreement, including financing the project with all the property owners,
than for the city to retain a simultaneous ownership with a special assessment.
Mr. Bruns queried, what is the status of the sewer lines along Tower Boulevard? Mr. Boucher
stated that force mains were installed and the sewer lines are stable and have been deeded to
the city.
Council concurred that the city should incur the $5,00048,000 expense of attaining the hard
costs for reconstructing Tower Boulevard, which includes engineering and coring samples.
City Council Regular Meeting Minutes
May 20, 1997
Page 5
10. Shuford Development's request to deed roadways to the City. (Tape 1,1542 - included in
discussion above)
Council reaffirmed that the city can take ownership of private roadways only when they meet
construction specifications.
12. Mayor Porter read Resolution No. 97-16 by title. (Tape 1, 3468)
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
APPOINTING ONE ALTERNATE MEMBER TO THE COMMUNITY APPEARANCE BOARD OF
THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mayor Porter and seconded by Mr. Petsos to approve Resolution No.
97-16, inserting the name Dolores Stribling. The motion passed 4-0 with voting as follows: Mr.
Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
REPORTS:
City Manager - Bennett Boucher (Tape 1, 3492 - Tape 2)
• Mr. Boucher reported that the Telecommunications Ordinance draft will be presented to the
Planning & Zoning Board at their next meeting.
• Mr. Boucher reported that the SheritTs draft budget has been received and requests $120,000
additional operating funds and $90,000 in capital funds. He suggested that Council schedule a
workshop meeting to determine the level of service the city requires so an accurate budget can be
ascertained and funded.
• Mr. Boucher reported that Public Works Director, Ed Gardulski, has begun work on clearing the
Canaveral Creek Canal.
• Mr. Boucher commended the City Clerk and Deputy City Clerk on the successful Board
Appreciation Banquet.
Audience
(Tape 2, 52) A resident commented that State Treasurer and Insurance Commissioner, Bill Nelson, is
considering a proposal that can increase insurance rates in Brevard County up to 3000%. The
meeting will be held on May 29 and she encouraged Cape Canaveral representatives to attend. Council
concurred that staff should research the matter and arrange for a Town Meeting, inviting the
Honorable Mr. Nelson to address the insurance issues that affect Brevard County.
(Tape 2, 242) Mr. Hans Saurenmann, resident, stated that Council should consider applying for Free
Trade Zone status within the city. He opined that even though it is available to businesses now, they
need to be informed of the opportunity. Council concurred to submit the issue for placement on the
Commercial Development Board agenda.
City Council Regular Meeting Minutes
May 20, 1997
Page 6
(Tape 2,383) Mr. Leo Nicholas suggested that the Council submit a date for the Library Dedication
date. Council concurred to propose July 2, in conjunction with the city's hosting the Chamber of
Commerce Wednesday Friendsday event.
City Clerk - Sandra Sims - No report.
City Attorney - Kohn Bennett - No report.
Mayor Pro Tem - Rocky Randels (Tape 2,610)
• Mr. Randels commended the new owners of Ocean Side Village (formerly the Landings) for their
efforts renovating seven buildings that will be a finer asset to the city.
• Mr. Randels announced that Norwegian Cruise Lines will be coming to Port Canaveral.
• Mr. Randels reported McDonnell Douglas swept the entire Cape Area after the Delta Launch
crash at their own expense and are expecting results of tests by September.
• Mr. Randels reported that the Florida Department of Environmental Protection has an available
grant for stormwater runoff. He stated that July 3, 1997 is deadline for submittal. He opined that
this grant would be good for the Manatee Park in the event that the Cape Canaveral Hospital
mitigation does not occur.
Council Member - Buzz Petsos
Mr. Petsos expressed concern that the County is unable to change the timing for the School
Crossing signal located on Al for the last three days of school. He asked Major McGee if it
possible to have a Deputy control traffic from the median in the event that the light can not be
changed. Major McGee stated that he will try to locate the key to change the light, however, in the
event that it can not be found, he will assure that the School Crossing area on Al A is controlled by
a Deputy during the afternoon when school adjourns early.
Mr. Petsos commended the city for participation in the Keep Brevard Beautiful Trash Bash.
Cape Canaveral was second only to the City of Satellite Beach.
• Mr. Petsos suggested that Susan Stills, the Deputy City Clerk, should become a notary for the
times when the City Clerk is absent or unavailable. Mr. Boucher responded that the Building
Department Secretary and the City Treasurer are notaries, therefore, it would be superfluous.
Council Member - Burt Bruns No report.
Mayor - John Porter (Tape 2, 1101)
• Mayor Porter stated that mowing and trash along west AIA is still maintained unsatisfactorily
and driveways are being run over the edges. Public Works Director, Ed Gardulski, stated that he
will take care of the matter.
City Council Regular Meeting Minutes
May 20, 1997
Page 7
There was no further discussion and the meeting adjourned at 9:05 p.m.
ATTEST:
Sandra Rozar Sims, CITY CLERK
John K. Porter, MAYOR
CITY COUNCIL REGULAR MEETING
CM HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 03, 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
Public Works Director, Edward Gardulski
Recreation Director, Nancy Hanson
PRESENTATIONS:
Mayor Porter and Mayor Pro Tem Randels presented a Mayor's Award plaque to Wallace C.
"Wally" Homer, for his long tenure and dedicated service as an employee of the city.
Mayor Porter and City Clerk, Sandra Sims presented a Mayor's Award plaque to Hilda Braley, for her
endless hours of volunteer service in the Clerk's office. Ms. Braley has entered thousands of documents
into the new optical imaging system that provides information retrieval in seconds.
Mr. Jim Hale, Beautification Board member, presented the Spring/Summer Beautification Awards as
follows:
Residential Multi -Family Commercial
Gerald Toner Jefferson Arms Sheldon Cove
104 Washington Avenue 610 Jefferson Avenue 8810 Astronaut Boulevard
Ms. Judy Hale accepted the award for Mr. Toner who was unable to attend. She reported that Mr.
Toner is legally blind and still maintains his property beautifully.
d:\cityclerk\cityclklminutesVWWar\ 1997\06-U}97.doc
City Council Regular Meeting Agenda
June 3, 1997
Page 2
Don and Millie Wright accepted the award for the 35 -year old Jefferson Arms building. They
commended the Council for the continual beautification strides the city has made over the past three
years.
Mr. Bill Mays, owner of Sheldon Cove, accepted the award for improvements made on his property.
CONSIDERATIONS:
1. (Tape 1, 436) A motion was made by Mr. Randels and seconded by Mr. Bruns to accept and
implement the Long Point Park design as recommended by the Recreation Board, in an
amount not to exceed $25,000. Council concurred that the design is a good compromise to
provide a playground area and equipment to children while providing a park area for adults.
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.
2. (Tape 1, 723) A motion was made by Mr. Randels and seconded by Mr. Hernandez to approve
the sole source purchase from Communications Concepts, Inc. to produce a marketing video
for the City. The purchase is considered sole source according to the following fact: the
business retains video footage already available for the city's video that also decreases the cost.
An amending motion was made by Mr. Randels and seconded by Mayor Porter to fund the
marketing video with Commercial Development Board budgeted funds.
Another amending motion was made by Mr. Randels and seconded by Mayor Porter to fund
100 copies of the video and share the video footage with Roger Wolfe and the Economic
Development Council to promote Cape Canaveral.
The second 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 first 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.
13. ('rape 1,1295) A motion was made by Mr. Randels and seconded by Mr. Petsos to approve the
Interim Agreement and Master Agreement for Intergovernmental Radio System Penalties
with Brevard County. City Manager, Bennett Boucher, explained that the county will receive
20 percent of the funds collected and the Sheriff will collect 80 percent to fund and support the
800 MHz communications system. 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.
14. (Tape 1, 1378) A motion was made by Mr. Randels and seconded by Mr. Bruns to appropriate
$3,500 for the purchase of a 1994 Toyota Pickup Truck for the Building Department, a
Sheriffs Department forfeiture vehicle with the payoff due Nations Bank. Mr. Hernandez
stated that he will abstain from the vote and file a Conflict of Interest Form because the person
City Council Regular Meeting Agenda
June 3, 1997
Page 3
from whom the vehicle was confiscated is his client. The form is attached and made part of the
minutes. City Manager, Bennett Boucher, stated that the retail price for the truck is $11,075
and the Blue Book price is $8,000. The motion passed 4-0 with voting as follows: Mr. Bruns,
For, Mr. Hernandez, Abstained; Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem
Randels, For.
PUBLIC HEARINGS
ORDINANCES - SECOND READING:
15
0
(Tape 1, 1411) Mayor Porter read a faxed letter from the applicant requesting that
Ordinance No. 02-97 and Ordinance No. 03-97 be postponed until June 17, 1997.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL
ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3
(MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT) AS
DESCRIBED IN EXHIBIT "A"'; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING
FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion was made by Mr. Bruns and seconded by Mr.
02-97 and 03-97 until June 17, 1997 as requested by
passed 5-0 with voting as follows: Mr. Bruns, For; Mr
Mayor Porter, For; and Mayor Pro Tem Randels, For.
Ordinance No. 03-97
Petsos to postpone Ordinance Nos.
Time Warner Cable. The motion
Hernandez, For; Mr. Petsos, For;
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN
CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
REPORTS:
City Manager - Bennett Boucher (Tape 1, 1492)
• Mr. Boucher suggested that Council schedule a workshop to discuss the Sheriff's contract and
budget requirements. Council concurred to schedule an early meeting at 6:00 p.m. to establish a
consensus for the level of service and invite the Sheriffs Department to join at 7:00 to discuss the
cost requirements for the city's outline for level of police service. June 24 and June 26 were
suggested to submit to the Sheriffs Department for workshop dates. The City Manager will notify
Council of the confirmed date.
City Council Regular Meeting Agenda
June 3, 1997
Page 4
Audience (Tape 1, 2141)
Mr. Jim Hale reported that lifeguards did not have a stand last year; they were required to sit on
crossover rails. He queried if Council could intervene with the county to get proper stands for them
while they are on duty. Council concurred that Mr. Boucher and Mr. Randels should contact the
county to urge provision for lifeguard stands.
City Clerk - Sandra Sims No Report.
City Attorney - Kohn Bennett No Report.
Mayor Pro Tem - Rocky Randels (Tape 1, 1412)
• Mr. Randels reported that he represented the city at a statewide meeting with Water Management
Districts, Department of Commerce, Department of Environmental Protection and Regional
Planning Council representatives to discuss growth in Florida affecting land and water.
• Mr. Randels submitted a tree whip device to place around trees to protect them from weed eating
wires.
Mr. Randels reported that Cocoa Beach representatives are asking other Brevard cities to join the
county ordinance regarding sexually oriented businesses. City Attorney, Kohn Bennett, stated
that research should be done to be certain the city does not limit itself to abide only by the county's
decision. He will report back to Council on the matter.
Council Member - Buzz Petsos (Tape 1,1776)
• Mr. Petsos queried if the Annex would be painted before the July 2 Wednesday Friendsday event?
Mr. Boucher replied that it will be done.
Council Member - Tony Hernandez (Tape 1, 1832)
Mr. Hernandez reported that the Little League closing ceremony was fantastic and that the Senior
Boys will play Indian River County in the first game of the playoffs.
Council Member - Burt Bruns No report.
Mayor - John Porter (Tape 1, 1970)
• Mayor Porter reported that Nancy Houston, of the Florida Department of Transportation has
approved the reimbursement request for funding the Canaveral Creek Pedway Bridge.
• Mayor Porter requested that the Resolution urging funds from the Canaveral Port Authority and
the Tourist Development Council to fund Beach Renourishment.
City Council Regular Meeting Agenda
June 3, 1997
Page 5
There was no further discussion and the meeting adjourned at 8:20 p.m.
ATTEST:
Sandra Rozar Sims, CITY CLERK
John K. Porter, MAYOR
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 17, 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
Acting Public Works Director, Karen Pappas
City Treasurer, Andrea Bowers
PRESENTATIONS:
Mayor Porter presented Ms. Pat Phillips a Mayor's Award plaque for her years of volunteer work. Ms.
Phillips was a charter member of the Beautification Board in 1981.
PROCLAMATION:
Council Member, Buzz Petsos, read the proclamation promoting Code Enforcement Officers
Appreciation Week. Greg Mullins, the city's Code Enforcement Officer, was commended for his good
work.
CONSIDERATIONS:
1. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the May 6,
1997 Regular City Council Meeting Minutes. 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. (Tape 1,178)
d:\cityclerk\citycWaiinute \regulerU 997\o6-17-97.doc
City Council Regular Meeting Minutes
June 17, 1997
Page 2
2. (Tape 1,190) A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to
approve the Hartman & Associates proposal for Design Services for the East SR Al A
Pedway, in the amount of $15,900.
City Manager, Bennett Boucher, explained that Hartman & Associated designed the sewer
main for the Canaveral Port Authority and the survey work is completed. The project will be
bid inclusive with the Port Authority's project. The five-foot pedway will begin at Commerce
Street and end at Harding Avenue. Funding for the design is provided by Brevard County.
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.
3. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Internal
Improvement Trust Fund (HTF) Land Lease Agreement with the Canaveral Port
Authority.
City Attorney, Kohn Bennett, asserted that the Lease Agreement does not depict an ingress
and egress to the property; there is no proper legal description; and the Port reserves any
riparian rights to the property. During discussion, it was determined that further information is
needed regarding the original legislation that mandated the lease.
A motion was made by Mayor Porter and seconded by Mr. Hernandez to table the issue. 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. (Tape 1,1272) A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the
Cost Share Agreement with St. Johns River Water Management District that provides a
$75,000 grant for Phase I of the reclaimed water system. Mr. Petsos queried, what is the
policy for installing the hook ups? Mr. Boucher responded that the procedures have not been
finalized, however, they will be in conformity with state guidelines. Consensus was for staff to
present a report on the status of the installation policy, including costs at the July 15, 1997
meeting. 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.
S. (Tape 1,1630) A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve
the Outdoor Entertainment Permit for the Cocoa Beach Area Chamber of Commerce,
Wednesday-Friendsday event on July 2, 1997, waiving the filing fee, cash clean up bond and
the open container of alcoholic beverages within the event area only. An amending motion was
made by Mr. Randels and seconded by Mayor Porter to waive the tent inspection fees. Major
McGee queried if overtime pay is being granted for officers on duty during the event. Council
concurred that overtime will be funded. 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.
D:\citycl-k\CityC& MINUTES\REGULAR\I99706-17.97.doc
City Council Regular Meeting Minutes
June 17, 1997
Page 3
6. (Tape 1, 1914) A motion was made by Mr. Randels and seconded by Mr. Petsos to approve the
Addendum to the Canaveral Port Authority Sewage Franchise Agreement. Discussion ensued
and an amending motion was made by Mr. Randels and seconded by Mayor Porter to insert
that the agreement is scheduled to terminate on April 22, 2000. A second amending motion
was made by Mr. Randels and seconded by Mr. Bruns that approval is contingent upon
compliance with the City Engineer's recommendations. City Attorney, Kohn Bennett,
suggested that paragraph 2 should better define the training of city personnel so as to avoid any
future misunderstandings with the Port regarding paying these expenses and with reference to
paragraph 3, it should state that all other provisions of the Franchise Agreement not amended
by the Addendum shall remain in full force and effect.
A motion was made by Mayor Porter and seconded by Mr. Hernandez to table the
consideration. 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. (Tape 1, 2277) A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve the
Second Amendment to the City of Cocoa Beach Interlocal Reuse Agreement to change
the reuse water distribution amount from 750,000 GPD to 650,000 GPD. 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.
8. (Tape 1, 2305) Sole Source Purchase of Storm Shutters (Tape 1, 2305)
A motion was made by Mayor Pro Tem Randels and seconded by Mr. Bruns to approve
the Sole Source Purchase of Storm Shutters from Roll Clean Shutters, in the amount of
$31,985, plus $2,000 for electrical installation costs.
City Manager, Bennett Boucher explained that the City has received grant funding in the
amount of $39,163 to install emergency storm shutters for City Hall, the Annex and the
Recreation Building. Mr. Boucher related that the shutters are custom made with superior
materials. He referred to the Public Works Director's memorandum dated June 11, 1997
requesting purchase from Roll Clean Shutters, of Cape Canaveral in the amount of
$31,985, plus approximately $2,000 for electrical installation costs. Mr. Gardulski stated
in his memorandum that Roll Clean is the only manufacture vendor for this area, hence this
is a sole source purchase.
Mr. Bill Gibson, Roll Clean Shutters representative, was present and explained that there
are two types of shutters proposed for installation. Roll down shutters are proposed for
doors and accordion shutters for windows. He related that all components are non-
corrosive and all American made. There is a 10 -year warranty on the shutters, including
gear trains and 5 year warranty on the motors. Heavy-duty switches will be installed on
the roll down shutter motors covering double doors.
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City Council Regular Meeting Minutes
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Page 4
Mr. Petsos queried, why do the roll down shutters have motors? Mr. Gibson stated that
the double door shutters are far too heavy to be opened and shut manually. Mr. Petsos
related that it is a good concept to choose a local vendor.
Based on the testimony of staff, Council determined the sole source purchase for the
following reasons:
• Only provider in Cape Canaveral
• Shutters can be installed within Council's projection date
• Shutters are made with American made materials as requested by Council
Council concurred that motors are not needed, nor are they practical for all shutters.
Therefore, motors should be installed only on doors and areas that are not reasonable to
be manually closed and opened. The purpose for requiring manual operation is due to the
imminent loss of electrical power during storms. Council concurred with Major McGee to
install shutters on the Annex Building first.
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
9. (Pape 1, 3338) Mayor Porter read Resolution No. 97-17 by title.
A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AND THE CITY COMMISSION OF THE CITY OF COCOA
BEACH, BREVARD COUNTY, FLORIDA, REQUESTING THAT THE CANAVERAL PORT
AUTHORITY AND THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL
PROVIDE A LOCAL DEDICATED FUNDING SOURCE FOR BREVARD COUNTY BEACH
RENOURISHMENT.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve Resolution
No. 97-17. There was no public comment. The resolution was approved 5-0 with voting
as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and
Mayor Pro Tem Randels, For.
10. (Pape 2,191) Mayor Porter read Resolution No. 97-18 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION
WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE
DATE.
A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97-
18. City Manager, Bennett Boucher, explained that the rate increase is in compliance with the
Franchise Agreement and reasonable to increase with the Consumer Price Index. There was no
public comment. The resolution was approved 5-0 with voting as follows; Mr. Bruns, For; Mr.
Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For.
D:\citycl-&CityC&WINMS\REGULAR11997\06-17-97. doc
City Council Regular Meeting Minutes
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Page 5
PUBLIC HEARINGS
ORDINANCES - SECOND READING:
11. (Tape 2, 433) Ordinance No. 02-97
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING THE OFFICIAL ZONING MAP AS DESCRIBED IN SECTION 110-246, OFFICIAL
ZONING MAP, BY CHANGING THE CLASSIFICATION OF CERTAIN PROPERTY FROM R-3
(MEDIUM DENSITY RESIDENTIAL DISTRICT) TO M-1 (LIGHT INDUSTRIAL DISTRICT) AS
DESCRIBED IN EXHIBIT "A"'; PROVIDING THE CONDITIONS OF APPROVAL; PROVIDING
FOR REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Porter read a letter from the applicant, Time Warner Cable, requesting that the
Ordinance Nos. 02-07 and 03-97 be postponed until the July 15, 1997 meeting. A motion
was made by Mr. Bruns and seconded by Mr. Petsos to table Ordinances 02-97 and 03-97
until July 15, 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.
12. Ordinance No. 03-97, Amending the Comprehensive Plan to Allow M-1 Zoning at 210
Center Street
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, RELATING TO COMPREHENSIVE PLANNING; SETTING FORTH AND
ADOPTING THE FIRST SMALL SCALE PLAN AMENDMENT FOR 1997 AS PROVIDED IN
CPA -97-1, WHICH SHALL AMEND THE COMPREHENSIVE PLAN FUTURE LAND USE
MAP; PROVIDING AN EFFECTIVE DATE AND LEGAL STATUS OF THE PLAN
AMENDMENT; PROVIDING FOR TRANSMITTAL OF THE PLAN AMENDMENT TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR REPEAL OF PRIOR AND
INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
DISCUSSION:
13. (Tape 2, 497) Fire Chief, David Sargeant, reported that in recent years on July 46, the city's
beach ends have been used for illegal fireworks, presenting extreme danger to the public. He
related that Cocoa Beach imposed a "zero tolerance" for fireworks last year, which compelled
additional people onto our beaches. He suggested that Council also adopt a "zero tolerance"
policy for the City of Cape Canaveral. The use of sparklers and state approved fireworks
should be the only fireworks tolerated. Mr. Sargeant requested that additional deputies be
brought on during the evening of July 0 to enforce the policy if Council does adopt the
resolution.
A motion was made by Mr. Randels and seconded by Mayor Porter to adopt a "zero tolerance"
policy as recommended by Chief Sargeant for delimiting illegal fireworks on Cape Canaveral
beaches, and providing additional sheriffs deputies during the evening of July e.
D:\cityclerMCityC"fNUl'ES\REGULAR\ 199'T06-17-97.doe
City Council Regular Meeting Minutes
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Page 6
Major McGee requested that Fire Chief Sargeant submit a memorandum outlining how many
deputies will be required, where they will be stationed and the required time frame through the
City Manager, authorizing overtime.
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.
Chief Sargeant reported that at least six or seven local builders have expressed concern to him
that there is no city -approved method for burning land -clearing debris other than using the
landfill. He stated that Cape Canaveral is the only city in the county that does not have a
provision for burn machines that allow for disposal without open burning. He requested
directive in this matter.
Council concurred for Mr. Sargeant to pursue the matter, researching technology that will
allow burning within an enclosed structure and approved by environmental agencies. The issue
will be placed on the July 15, 1997 agenda.
Chief Sargeant reported that he has received numerous queries about bonfires on the beach.
He stated that most city allow bonfires with permits, charging $25 and a $50 to $100 deposit.
Mr. Sargeant stated that a policy could be developed within guidelines of the Fire Code.
Council concurred for Mr. Sargeant to develop a bonfire policy for Council consideration at
the July 15, 1997 meeting.
REPORTS:
City Manager - Bennett Boucher (Tape 2,1147)
Mr. Boucher reported that the Sheriffs representatives have confirmed June 24, 1997 as a date
to meet in Workshop Session to discuss the Sheritis Contract and Budget requirements.
Mr. Boucher reported that city has received a $50,000 P2000 grant to purchase the Long
Point Park property.
• Mr. Boucher reported that the Planning & Zoning Board and the Local Planning Agency have
finalized their recommendation for the proposed C-2 zoning district. He suggested that the
item be placed on the agenda for discussion before introducing an ordinance. Council
concurred.
Audience
Mr. Leo Nicholas, resident, reported that dumpster enclosures are becoming a problem He stated that
USA Waste often leaves the dumpster outside the enclosure rather than replacing it and some have
garbage outside the dumpster. Council concurred that staff should notify USA Waste of the dumpster
replacement problem and Code Enforcement to address the problem.
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City Council Regular Meeting Minutes
June 17, 1997
Page 7
City Clerk - Sandra Sims No Report.
City Attorney - Kohn Bennett (Tape 2,1321)
Mr. Bennett reported that there are three outstanding city litigation cases that he will freely
discuss with individual Council Members. However, he is precluded from discussion in the
public meeting. The cases are: Long Point Park, Applegate Property and Fairvilla Sign.
Mayor Pro Tem - Rocky Randels (Tape 2,1636)
• Mr. Randels reported that the Florida League of Cities has a grant available this month to
provide defibrillator equipment.
Mr. Randels reported that a new Ethics Law has been approved that requires a higher burden
of proof before a case will be heard.
Council Member - Buzz Petsos (Tape 2,1787)
• Mr. Petsos reported that he received a notice to purchase a grant opportunities book and
suggested make the city purchase; Council concurred.
Mr. Petsos queried if the Annex exterior paint has been received. Acting Public Works
Director, Karen Pappas, stated that it has been received and the Annex will be painted
before July 2, 1997.
Council Member - Tony Hernandez (Tape 2,1849)
Mr. Hernandez queried about the status of the stormwater outfall grant. Mr. Boucher
responded that the grant requires a 40 percent match, therefore, we did not pursue. Mr.
Hernandez stated that it is imperative that the city install a baffle box at the Manatee Park,
regardless.
• Mr. Hernandez reported that the Senior Boys lost in the first round of Little League
playoffs.
Council Member - Burt Bruns (Tape 2, 1965)
Mr. Bruns reported that he has received unsolicited compliments from residents for
customer service in the City Clerk's Office and the Building Department.
Mr. Bruns commended Karen Pappas for her letter submitted to the St. Johns River
Water Management District requesting plants.
Mayor - John Porter (Tape 2, 2012)
DAcityclerMCAyCIMINUrEST EGULAR11997106-17-97.doc
City Council Regular Meeting Minutes
June 17, 1997
Page 8
Mayor Porter requested that Council call a Special Meeting to consider the Florida
Department of Transportation Agreement for reimbursement of expenses to build the
Canaveral Creek Pedway Bridge and authorization to purchase a steel bridge from
Steadfast Bridges. Council concurred to hold the meeting on Friday, June 20, 1997 at 4:00
p.m.
There was no further discussion and the meeting adjourned at 9:30 p.m.
ATTEST:
Sandra Rozar Sims, CITY CLERK
DAcityclefk\CityCllNvIINLTMS\P EGLTLAR\I997\06.17-97.doc
John K. Porter, MAYOR
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
FRIDAY
June 20, 1997
4:00 P.M.
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL: Council Members Present Council Member Absent
Burt Bruns
Tony Hernandez
Buzz Petsos
Mayor John Porter
Others Present
City Manager, Bennett Boucher
City Clerk, Sandra Sims
CONSIDERATIONS:
Mayor Pro Tem Rocky Randels
(Tape 1, 31)Mayor Porter explained that new information has been received relating to engineering
findings discovered during the initial pedestrian bridge design work performed by Stottler, Starmer
& Associates. Based on soil borings, pilings will be required to construct the bridge requiring an
additional $15,000 to $20,0000. Therefore, the Florida Department of Transportation was
informed of the additional costs. As a result, the Joint Participation Agreement with the State
of Florida Department of Transportation to Fund a Pedestrian Overpass amount was
increased from $60,000 to $75,000.
A motion was made by Mr. Bruns and seconded by Mr. Hernandez to approve the Joint
Participation Agreement with the Florida Department of Transportation to fund the Pedestrian
Bridge, in the amount of $75,000, with the stipulation that the City Attorney obtain the appropriate
payment schedule. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez,
For; Mr. Petsos, For; and Mayor Porter, For.
2. (Tape 1, 754) City Engineer, John Pekar reported that SSA has spoken with a bridge construction
manufacturer who is familiar with the local soil conditions. He stated that the representative of
Custom Docks installed the four (4) 35' deep pilings that support the reuse line in the same location
as the proposed bridge. He reported that during the discussion, Custom Docks mentioned a
wooden bridge in Malabar they recently constructed and is guaranteed for 25 years. He reported
that the Customs Docks representative stated that he could construct a customized wooden bridge
d:\cityclerk\citycWmiinutes\special11997\06-20-97.dce
City Council Special Meeting Minutes
June 20, 1997
Page 2
for the City of Cape Canaveral within two weeks at a cost of $20-24,000, including the pilings.
Mayor Porter queried, if the wooden pedestrian bridge were selected rather than the steel bridge,
what would the total cost be? Mr. Pekar stated that the cost would be $20-24,000 (depending on
customization) for the bridge construction, plus approximately $1,000 permitting costs
(SJRWMD), minus $3-4,000 estimated FPL charges, FDOT charges would remain the same, plus
$2,000 additional engineer costs for certifying the bridge structural design, or approximately
$32,000 opposed to $75-80,000 for the steel bridge under consideration for Sole Source
Purchase from Steadfast Bridges in the amount of $27,882.
Council concurred that the sole source purchase should be deferred because the design will be
different due to the piling requirements and to receive more engineering investigative information.
The City Engineer, John Pekar was instructed to query the Florida Department of Transportation
to determine their assessment of a wooden bridge as opposed to a steel bridge.
Council concurred to place approval of a pedestrian bridge design on the July 1, 1997 meeting
agenda and the purchase approval on the July 15, 1997 agenda.
The meeting adjourned at 4:45 p.m.
ATTEST:
Sandra Rozar Sims, CITY CLERK
D:\cityclerklCityCW MRVUfES1SPECtAL1199T06-20-97.doc
John K. Porter, MAYOR
Meeting Type: Regular
Meeting Date: 07-01-97
AGENDA
Heng
Considerations
Item
2
No.
John Pekar, City Engineer, will brief council on the analysis. _
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PEDESTRIAN BRIDGE DESIGN CONCEPT
DEPT./DIVISION: PUBLIC WORKS
Requested Action:
That the City Council make a determination on the type of pedestrian bridge to construct based on the city
engineer's report.
Summary Explanation & Background:
At our special meeting of 06-20-97, the city engineer was instructed to evaluate the permitting and the feasibility
of constructing a wooden pedestrian bridge vs. a metal span bridge.
John Pekar, City Engineer, will brief council on the analysis. _
Exhibits Attached:
N/A
City Is Office
Department PUBLIC WORKS
Meeting Type: Regular
Meeting Date: 07-01-97
AGENDA
Heading
Considerations
Item
3
No.
City Man Office
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: TEMPORARY PERMIT EXTENSION FOR TRICON DEVELOPMENT'S CONSTRUCTION
TRAILER
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
That the City Council grant a 90 -day extension to this temporary permit.
Summary Explanation & Background:
The project is progressing and the building official recommends approval of this permit extension.
Exhibits Attached:
Tricon's Letter Dated -6-11-97; Building Official's Memo Dated 06-16-97
City Man Office
Department BLDG DEPT/PUBLIC SAFETY
City of Cape Canaveral
?' 2" 105 POLK AVENUE • P.O. BOX 326
- CAPE CANAVERAL, FLORIDA 32920
.y TELEPHONE 407 783-1100
CITY OF
CAPE CWVERAI
MEMORANDUM
Date: June 16,1997
To: Bennett Boucher, City Manager
From: G. J. Moran, Building Official f4.
Subject: Tricon Development (Sand Dunes Project)
Temporary Permit (#95-00060)
Construction Trailer - 5th Request
Referencing the above request (see attached letter dated June 11, 1997), relating to a
ninety (90) day extension to a temporary permit, I am of the opinion, in view of the
existing amendment to the Standard Building Code, Section 104.6.1, that the City
Council review and consider this request at the next scheduled council meeting.
The Building deparment has no objections to the granting of this 5th request.
GJM/slc
w/ attachment
copied to: Sandra Sims, City Clerk
THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING
PRINTED ON RECYCLED PAPER
TRIGON DEVELOPMENT, INC.
P. O. BOX 320637
COCOA BEACH, FLORIDA 32932-0637
407/453-5360 • Fax: 407/453-3618
JUNE 11, 1997
CITY OF CAPE CANAVERAL
BUILDING DEPARTMENT
105 Polk Avenue
P.O. Box 326
Cape Canaveral, Florida 32920-0326
Attention: G. J. "WHITEY" MORAN, Building Official
Re: SAND DUNES CONDOMINIUM — TEMPORARYSALES/CONSTRUCTION TRAILER
DEAR MR. MORAN:
On July 13, 1997, our ninety (90) day Permit #9600060, for the sales trailer
located at 425 Buchanon Avenue, Cape Canaveral, Florida, 32920, expires.
We respectfully request a ninety (90) day extension to this permit. Thanking you
in advance for your consideration in this matter.
If you have any questions, please do not hesitate to contact me at this office.
Sincerely,
ALAN VINACKE
Project Manager
AV/LAM
Meeting Type: Regular
Meeting Date: 07-01-97
AGENDA
Heading
Considerations
Item
4
No.
volunteers to assemble this piece of equipment at no additional charge. _
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: COOPERATIVE PURCHASE OF PLAYGROUND EQUIPMENT WITH CEDAR GROVE IN
THE AMOUNT OF $7,711.02
DEPT./DIVISION: RECREATION
Requested Action:
That the City Council approve the cooperative purchase of Supermax Steel Play Structure in the amount of
$7,711.02.
Summary Explanation & Background:
Per the attached memo from the recreation director, Cedar Grove has a bid with Volusia County, #94-13-06,
good until 12-19-97. It will take 4-6 weeks for delivery and a representative from Cedar Grove will supervise
volunteers to assemble this piece of equipment at no additional charge. _
Total to date that will be spent on playground equipment including this item is $12,940.
I recommend approval.
Exhibits Attached:
Recreation Director's Memo Dated 06-25-97
City Manage ' ffice
Department
City of Cape Canaveral
June 25, 1997
TO: BENNETT BOUCHER, CITY MANAGER
FROM: NANCY HANSON, DIRECTOR, PARKS & RECREATION DEPT.
RE: PLAYGROUND EQUIPMENT PURCHASE APPROVAL
Find attached specifications for Long Point
Neighborhood Park playground equipment, with the
delivered price quotation.
As the delivered price exceeds the $5,000.00
limit, City Council must approve the expenditure,
per the City's purchasing procedure.
This equipment is manufactured in Florida, with
the problems inherent to Florida in consideration, i.e.
rust, corrosion, weather extremes, etc..
This equipment will be purchased under a cooperative
bid with Volusia County/ bid #94-B-06.
As I will be on vacation the first week in July,
I have prepared the purchase requisition, awaiting
Council approval, so processing of the purchase order
can begin immediately thereafter.
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 • FAX (407) 799-3170
From: Bud DSnquelil(907)6670370 to: OWT EMK81487 1993170 Page 1 of 1, Monday, June 23, 1997 10:23as
CEDAR GROVE
m 0
CREATIVE PLAY CENTER, LTD.
P.O. Box 770906
Oculq FL 34477
(904) 237-3330 Ph.
(901) 237-5302 Far
06-23-97
Commercial - Residential • Cutom
QUOTE
CITY OF CAPE CANAVERAL
7300 N. ATLANTIC AVE.
CAPE CANAVRAL, FL. 32920
ATT: NANCY HANSON
QUOTE GOOD FOR 30 DAYS.
SUBJECT: LONG POINT PARK
bate Pa*
523 S Labe Der&y Dr., it 2
OrioRab, FL 32810
(407) 667-0282 Ph.
(44M 667-0370 Fax
AS PER OUR CONVERSATION, I HAVE PUT TOGETHER A COMPLETE
PLAYGROUND. OUR SUPERMAX PLAY SYSTEM HAS A FULL 5" O.D. ALUMINUM
POST AND CAPS, WITH 4' X 4' DECKS.
1EA. SUPERMX STEEL PLAY STRUCTURE
PER OUR DRAWING #LOH06130 AS PICTURED ON THE FOLLOWING PAGE.
3600 SPIRAL SLIDE PAGE 31, "S" PIPE CLIMBER PAGE 36, LOOP ARCH
CLIMBER PAGE 35, 8' HORIZONTAL LADDER PAGE 39, LOG ROLL PAGE
38, FIREMAN'S POLE PAGE 34, CHINNING BAR, 5' X 5' SQUARE ROOF
PAGE 43, TWO SQUARE DECKS AT HEIGHTS OF 36" AND 72".
TOTAL $ 7,711.02
1EA. #500-115 FOUR POSITION SINGLE POST SWING
WITH TWO STRAP SEATS AND TWO TOT SEATS
AS PICTURED ON PAGE 79 OF PARK STRUCTURES CATALOG
THE SWING WILL BE POWDER COATED TO MATCH PLA STRUCTURED_
TOTAL $ 1,234.34
68A._ #6 36 -RHC SIX FOOT RECXCLED P STIC PE ESTA BENCH
S PICT RED ON AGE 83 OF PAR STRU TURES LATA G
TOTAL $ 49 29 6@ $ 2,9 4
2 6040-REC T NTY GALLON R CLED PLASTIC SH RECEPTACLE
AS P TURED ON PA 83 OF PARK S UCTURES CATA ,�
OTAL $ 31 ? 7 2 @ $ 3 5 . 6 / �a . (!
IOTA FOR LL ABOVE $ 1 585.56
VO ME ISCOU FOR LL ABOV -$ 254.17
VO UME SCO T TOTAL. .$ 12.331.39
J5( a/ (,;,.
I WILL OVERSEE INSTALLATION BY VOLUNTEERS AT NO CHARGE.
7i�R7THA K Y7.44-
P
RERKINS
F9 CIAL URKETING DIRECTOR
Rainbow Play Systems - ?iampohnes - Outdoor Furniture - Playhouses - Outdoor Amenities - Hammocb - Basketball Systems
06/23/97 10:25 TX/RX N0.0505 P.001
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Featuring our One -Piece Double -Walled Rotationally -molded
Plastic Roof, this structure is full of play value for elementary -aged
kids. Lots of opportunity for climbing, upper body, and balancing
exercises keep active bodies challenged for hours.
HIGHLIGHTS:
• 'S' Tunnel Slide from 60" high deck
• One -Piece Double -Walled Roto -Molded Plastic Roof
• 'S' Pipe Climber
WARNING: Never install play equipment over hard, unresilient surfaces such as asphalt, concrete,
grass, or compacted earth. It is the owner's responsibility to ensure the "Minimum Area Required"
contains an appropriate amount of resilient surfacing material to cushion accidental falls.
NOTE: Pricing is based on equipment shown in Plan View only with In Ground Bury post footings.
24 SuperMax Play Systems
(2) ClimbingHorizontal v
Rungs Ladder Loop Arch
Climber
Chinning
Bar
Actual Size: 21' x 24' (6.4m x 7.3m)
Min. Area Req'd: 33' x 39' (1 Om x 11.9m)
Number of Children: 17-20
Age -Appropriateness: 5 to 11 year-olds
Weight: 2,218 lbs. (1,006kg)
Meeting Type: Regular
Meeting Date: 07-01-97
AGENDA
Heading
Considerations
Item
S
No.
I recommend approval.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SCHOOL RESOURCE OFFICER AGREEMENT WITH THE CITY OF COCOA BEACH IN
THE AMOUNT OF $4,618.34
DEPT./DIVISION: LEGISLAT UPUBLIC SAFETY
Requested Action:
That the City Council consider approval of partially funding the school resource officer for the upcoming school
year iri the amount of $4,618.34.
Summary Explanation & Background:
This agreement will commence on 08-04-97 and expire on 04-30-98. The $4,618.34 represents (28%) of the
cost associated with this program.
I recommend approval.
Exhibits Attached:
Agreement
City Ma Office
Department LEGISLATIVE/PUBLIC SAFETY
AGREEMENT
THIS AGREEMENT, DATED by and between THE CITY OF CAPE
CANAVERAL, hereinafter called CAPE CANAVERAL and the CITY OF COCOA
BEACH, hereinafter called COCOA BEACH.
WITNESSETH
WHEREAS, the Brevard County School Board has implemented the School Resource
Officer Program, and;
WHEREAS, the School Board shares the cost of implementing the program with the
Municipalities of Brevard County, and;
WHEREAS, Cocoa Beach and Cape Canaveral determine that the School Resource
Officer Program is in the best interest of the school system and both communities, and;
WHEREAS, Cocoa Beach and Cape Canaveral desire to share the cost of the School
Resource Officer Program incurred by the by the municipalities on the campus of
Cocoa Beach Junior/Senior High School; and whereas the program would cover a
period of not more than 190 school year days, and;
NOW, THEREFORE, For good and valuable consideration CAPE CANAVERAL and
COCOA BEACH agree that the following terms, stipulations and covenants as outlined
herein and, by reference, made part hereof, shall govern the responsibilities of each
party.
The agreement will commence on August 4, 1997 and will terminate
on May 22, 1998, unless further continued by mutual agreement of both
parties. By April 30, 1998, CAPE CANAVERAL and COCOA BEACH
will open discussions regarding renewal for the 1998-1999 school year.
2. CAPE CANAVERAL agrees to provide twenty-eight percent (28%) of the
municipalities share of the School Resource Officer's salary, benefits,
equipment, uniforms, and overtime during the term of this agreement. Per
the agreement between COCOA BEACH and the BREVARD COUNTY
SCHOOL BOARD, the municipalities pay fifty percent (50%) of the School
Resource Officer cost. For the contract period of August 4, 1998
through May 22, 1998, payment will be $4,618.34 as outlined in Exhibit III.
Payment shall be made to COCOA BEACH in two equal installments of
$2,309.17 according to the following schedule: February 15, 1998 and
June 1, 1998, subject to proration based on the date of implementation.
3. CAPE CANAVERAL has designated City Manager, Bennett Boucher and
COCOA BEACH has designated the Cocoa Beach Chief of Police
for the purpose of implementing the terms of this agreement.
4. CAPE CANAVERAL and COCOA BEACH agree to the goals and
guidelines stipulated in the attached Exhibits I and II, which are attached
hereto and, by reference, made part hereof.
5. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL
and COCOA BEACH agree to indemnify and hold each other harmless
and free from liability, including the officers, agents or employees of said
parties while acting as such, from all claims, damages, injuries, fines, and
costs, including, expenses and attorney's fees which either party may
become obligated to pay resulting from or in any way connected to errors
or acts or omissions of employees of either party's performance relative to
the terms of this agreement.
6. COCOA BEACH shall not assign or transfer this agreement to any other
agency without the prior written permission of CAPE CANAVERAL.
7. Any change in the terms and conditions set forth in this Agreement must
be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH
and may be implemented only after this agreement has been amended in
writing.
8. The parties understand and agree that while the School Resource Officer
is rendering services provided for by this agreement, he/she remains an
employee of COCOA BEACH.
9. The parties understand and agree that the School Resource Officer will
comply with police policy/procedure and regulations when in uniform. The
SRO is required to be in uniform to execute all duties as required by the
school unless otherwise agreed upon by the school principal and the
Cocoa Beach Chief of Police.
10. If any of the terms or provisions hereof are in conflict with any applicable
statute or rule of law, then such provision shall be deemed inoperative to
the extent that it may conflict therewith and shall be deemed to be
modified to conform with such statute or rule of law.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their duly authorized officers and agents the day and year first written
above.
THE CITY OF COCOA BEACH, THE CITY OF CAPE CANAVERAL,
FLORIDA FLORIDA
By: (111 1. f J,. ,-
Mark S. Eckert
City Manager
ATTEST--
By:
TTEST:
By:
Loredana Kalaghchy
City Clerk
Approved as to form and
legal sufficiency
By: �t
Bill Weller
City Attorney
ATTACHMENTS:
Exhibit I -Goals of SRO Program
Exhibit II -Guidelines of SRO Program
Exhibit III -Cost of SRO Program
Bennett Boucher
City Manager
ATTEST:
in
Sandra O. Simms
City Clerk
EXHIBIT I
SCHOOL RESOURCE OFFICER PROGRAM
GOALS
1. To identify and prevent, through counseling and referral, delinquent behavior,
including substance abuse.
2. To foster a better understanding of the law enforcement function.
3. To develop positive concepts of law enforcement.
4. To develop a better appreciation of citizen rights, obligations, and
responsibilities.
5. To provide information about crime prevention.
6. To provide assistance and support for crime victims identified within the
school setting, including abused children.
7. To promote positive relations between students and law enforcement officers.
8. To enhance knowledge of the fundamental concepts and structure of the law.
9. To provide materials and consultative assistance to teachers and parents on
various law education topics.
10. To evaluate program effectiveness, the Chief of Police and the SRO will define
quantitative and qualitative measurements for each of the nine (9) goals listed
above within thirty days of the initiation of this agreement. Program
evaluation will occur on or before January 9, 1998, March 13, 1998, and a
final report prepared on or before May 22, 1998.
Evaluation will be based upon the following:
1.) Chief of Police (25%)
2.) City Manager (25%)
3.) Principal (20%)
4.) Staff and students (15%)
5.) Parents/SRO (15%)
EXHIBIT II
SCHOOL RESOURCE OFFICER PROGRAM
GUIDELINES
BREVARD COUNTY SCHOOL SYSTEM
1. The school resource officer (SRO) is employed by the City of Cocoa Beach Police and is
responsible to the Chief of Police. The SRO shall serve as an employee of the City of Cocoa
Beach.
2. The SRO shall be appointed by the Chief of Police. The school principal has the authority to
interview the SRO and may reject the Chief's candidate without having to justify the rejection to
the Chief, his agents or employees.
3. If the SRO is a Cocoa Beach Police Officer, it shall be the responsibility of the City of Cocoa
Beach to provide all salary payments and benefits of the agency to the SRO. The School Board
and other parties part of the agreement shall reimburse the City for salary and fringe benefits
based upon the total amount stipulated in the agreement.
4. The SRO's normal assigned work year shall be the same as the normal teacher work year.
5. The SRO shall be assigned specifically to the Cocoa Beach Junior/Senior High School, five days
per week during the school year. Unless it is an extreme emergency, the officer will not be
called away from the school by the law enforcement agency.
6. At the conclusion of the school year, the SRO will be assigned other duties by the Chief of
Police.
7. The determination as to when the SRO will wear a uniform shall be defined by the Chief of
Police and the principal.
8. The SRO shall avoid making arrests on school grounds unless exigent circumstances. _
9. At the request of the principal, the SRO may train school personnel in interview techniques,
investigation skills and related matters. At no time should the School Resource Officer
participate in a student disciplinary meeting without specific parental permission.
10. The SRO shall submit reports of activities to the school principal, the employing agency, and the
cost sharing parties on a monthly basis or as directed by the Chief of Police.
11. If the SRO witnesses an unacceptable activity on campus, the SRO will report the incident to
school administration. School Administration procedures shall be followed. If an arrest is
necessary, the SRO will be called to execute proper police procedure.
12. The principal may assign the SRO to supervise extracurricular events and chaperon field trips or
other school activities as proposed in the agreement, not to exceed the budgeted salary
compensation between the Brevard County School Board and the employing agency.
13. The SRO will integrate with students between class during lunch periods, between class breaks
and will patrol neighborhood areas after school, if necessary.
14. In accordance with the agreement, the SRO is encouraged to attend parent and faculty meetings
to seek input from parents and teachers to accomplish the goals of the SRO Program.
15. The SRO should be familiar with all community agencies which offer assistance to delinquent
youths such as: mental health clinics, drug treatment centers, etc., making suggestions to the
school principal as the officer deems necessary.
16. The SRO may, at the request of the principal or otherwise, take action against individual
trespassers who appear at school and related functions.
17. Should it become necessary to conduct formal police interviews with students, law enforcement
policy should be followed, parents notified and coordinated with the school principal.
18. The SRO shall comply with provisions specified in Florida Statute 230.2318.
EXHIBIT III
COST ANALYSIS
SCHOOL RESOURCE OFFICER PROGRAM
BROWN. JOYCE
Regular
27, 347.88
Holiday Pay
1,236.31
Educational Incentive
1,203.19
Health -Employee
2,298.82
Life Insurance
33.94
Medicare
398.11
Uniform Allowance
200.00
Pension -Police
9,536.14
Social Security
1,702.20
Workers Compensation
1,601.56
TOTAL COST $45,558.15
School Board Funding (190 Days) $16,494.07
Share per Municipality
Cocoa Beach Funding (72% of 190 Days plus
remainder of year) $24,445.74
Cape Canaveral Funding (28% of 190 Days) $4,618.34
Total $45,558.15
Meeting Type: Regular
Meeting Date: 07-01-97
AGENDA
Heading
Resolutions
Imo"
6
Na.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: JOINT RESOLUTION WITH THE CITY OF COCOA BEACH OPPOSING SHELLFISH
HARVESTING IN THE BANANA RIVER
DEPT./DIVISION: LEGISLATIVE
Requested Action:
That the City Council adopt this joint resolution opposing FDEP's plan to allow shellfish harvesting in the Banana
River.
Summary Explanation & Background:
This was an action item from the joint council/commission meeting held on 05-28-97.
Please advise.
Exhibits Attached:
Joint Resolution
City Ma er s Office
Department LEGISLATIVE
g:\admin\council\meeting\1997\07-01-97\shelfish.doc
CAPE CANAVERAL RESOLUTION NO.
COCOA BEACH RESOLUTION NO. 97-13
A JOINT RESOLUTION OF THE CITY OF COCOA BEACH AND CITY OF CAPE CANAVERAL, FLORIDA
ADDRESSING THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL PROTECTION, PROPOSED RE-
CLASSIFICATION OF WATERS TO PERMIT COMMERCIAL CLAMMING IN AREAS WITHIN AND ADJACENT TO
THE CITY OF COCOA BEACH AND THE CITY OF CAPE CANAVERAL, FLORIDA.
WHEREAS, the Florida Department of Environmental Protection - Shellfish Environmental Assessment Section
(SEAS) is responsible for classifying and managing Florida Shellfish harvesting and areas; and
WHEREAS, there is pending before said Department a proposed classification of waters in the Banana River
lying within the City of Cocoa Beach and adjacent thereto which would permit open water harvest commercial clamming
operations; and
WHEREAS, the waters affected have previously been designated by the Department as "dense seagrass" per
the attached plots prepared in April of 1997; and
WHEREAS, the current resources of the Florida Marine Patrol cannot adequately insure compliance with the
proposed open water harvesting restrictions in the affected waters of the Banana River; and
WHEREAS, there exists a compromise solution which would permit the commercial harvesting of shell fish while
at the same time preserving the seagrass beds and the utilization of these waters for recreation.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Cocoa Beach, and the City
Council of City of Cape Canaveral, Florida, that the Department of Environmental Protection is requested to implement
the following classifications and restrictions in the waters of the Banana River as respects to the commercial harvesting
of shell fish.
1. That there be no open water harvesting of shell fish in the areas of seagrass shown on the
Department's 1992 Seagrass Coverage Plots date April 29, and April 30, 1997, attached hereto.
2. That the remaining areas in said Plots be designated by the Department as an aquaculture area
for the commercial farming of shellfish with no open -water harvesting.
Upon Motion by Commissioner Allen and Seconded by Commissioner Nai 1 this Resolution was
duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the 19th day
of June —11997. Ayes: 5
Nays: 0
Absent or Abstaining: 0
Upon Motion by Councilperson and Seconded by Commissioner this Resolution was
duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day
of 1997. Ayes:
Nays:
AT EST: Absent or Abstaining:
AAA
oredana Kalagh hy, CkTC
City Clerk!.
Sandra O. Sims, CMC
City Clerk
oseph Morga
or- ommissioner
John Porter
Mayor
CAPE CANAVERAL RESOLUTION NO. COCOA BEACH RESOLUTION NO. 97-13
A JOINT RESOLUTION OF THE CITY OF COCOA BEACH AND CITY OF CAPE CANAVERAL, FLORIDA
ADDRESSING THE STATE OF FLORIDA'S DEPARTMENT OF ENVIRONMENTAL PROTECTION, PROPOSED RE-
CLASSIFICATION OF WATERS TO PERMIT COMMERCIAL CLAMMING IN AREAS WITHIN AND ADJACENT TO
THE CITY OF COCOA BEACH AND THE CITY OF CAPE CANAVERAL, FLORIDA.
WHEREAS, the Florida Department of Environmental Protection - Shellfish Environmental Assessment Section
(SEAS) is responsible for classifying and managing Florida Shellfish harvesting and areas; and
WHEREAS, there is pending before said Department a proposed classification of waters in the Banana River
lying within the City of Cocoa Beach and adjacent thereto which would permit open water harvest commercial clamming
operations; and
WHEREAS, the waters affected have previously been designated by the Department as "dense seagrass" per
the attached plots prepared in April of 1997; and
WHEREAS, the current resources of the Florida Marine Patrol cannot adequately insure compliance with the
proposed open water harvesting restrictions in the affected waters of the Banana River; and
WHEREAS, there exists a compromise solution which would permit the commercial harvesting of shell fish while
at the same time preserving the seagrass beds and the utilization of these waters for recreation.
NOW, THEREFORE, BE IT RESOLVED that the City Commission of the City of Cocoa Beach, and the City
Council of City of Cape Canaveral, Florida, that the Department of Environmental Protection is requested to implement
the following classifications and restrictions in the waters of the Banana River as respects to the commercial harvesting
of shell fish.
1. That there be no open water harvesting of shell fish in the areas of seagrass shown on the
Department's 1992 Seagrass Coverage Plots date April 29, and April 30, 1997, attached hereto.
2. That the remaining areas in said Plots be designated by the Department as an aquaculture area
for the commercial farming of shellfish with no open -water harvesting.
Upon Motion by Commissioner Allen and Seconded by Commissioner Nail this Resolution was
duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the 1At.h day
of June —11997. Ayes:
Nays: n
Absent or Abstaining: —0_ -
Upon Motion by Councilperson and Seconded by Commissioner this Resolution was
duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day
of , 1997. Ayes:
Nays:
A TEST: Absent or Abstaining:
oredana Kalagh y, C C ose R. Morgan
City Clerk CNS' a -Commission r
Sandra O. Sims, CMC
City Clerk
John Porter
Mayor
6-12-1997 d : 34PM FROM COCO BCH CITY CLERK 477831549 P.2
1992 Seagrass Coverage in the Banana River & Indian River Lagoon
r
A-0
b
a
Brevard
County
Le end
Patchy Seagrass
Dense Seagrass
Melds Department of EnvimnrnentMi Protectian
Division of Marine Resources
Bureau of Marine Resource, Requiation, and Deveiopment
JrFLOIR
Shellfish Environmental Assessment Section
� , 39W Commonwealth Boulevard, M$ 20'5
7aAahossee. Florida 32390-3=
9"48&5471. Sur om 278.5471
Sheilt"ish Enviranmental Assessment Section
Source data:
->aww•w o dfyro� n»
-SrAr*iw; CAMPABsROMw
06/12/97 17:33 TX/RX NO.0359 P.002 N
9424,97 13=36
04-'24'97 12:07 V407 1333 2(129
Memoranduw
$ 497 455 1333 COMM O`PRIEN
NAT RES M.GT DIV
Florida Department of
92
@i 002
Environmental Protection
RECEIVED
April 15, 1997 APR 2 Z 1897
TO: IntcreMcd Parties
FROM. Florida DepariurentofEnvil`onznental Pmfecteoa --
';LJBJECT: Public workshop on Classification of Portions Of the Bananafar the �-iarvest of Oysters, Clsms and lvinssa-ls. River, Brevard County
The DGpartm'tnt of 1~nviroaunental Protection will bold a workshop to distribute information
ttad receive public input on an smendmont to the Comprehensive Shellfish Control Code, Chapter
62R-7.004, Florida Administrative Code. affecting portions of the Banana River in Brevard
County. In this rule, shellfish is defined as oysters, clartrs, and mussels. Currently, all of the Banana
River is not approved for the harvest of shellfish. The Department has evaluated pollution sows�es
and water quality for the Bea giver} and portions of these waters meet the stringent public
health criteria for shell fiish harvesting, A draft rule amendment bas been developed
reclassify for shellfish harvesting the central and southem portions of the Bananat proposes to
River, The
northern portion of the Banana River in the motor haat exclusion zone of the Manatee Sanctuary
will remain unclassifiied, and not approved for shellfishing.
Center
This workshop will be held Friday, May 2, at 6 p.m. at the Brevard County Agricultural
cV-o a, Florida. For additional info ation re
cant mecting, please
Robert L. Thompson at the 1partment of B xrtal >�'roteet on, 3900 ng SCam�monwealth
BouIevar : 2? Ssm. FL 3239 /488-5471.
RLTrrt
- -- — e, ` -._Edwin J_ CnnkUn—
Ed W_ Irby, Jr..—
David C. Hell
SEAS Atlantic Coast District office
04/24/197 14:39 TX/RX N0.9597 P.001
U
rity of Cape Canaveral
[ORANDUM
TO: HONORABLE MAYOR AND
MEMBERS OF CITY COUNCIL
FROM: BENNETT C. BOUCHER
CITY MANAGER
SUBJECT: REUSE AGREEMENT WITH CANAVERAL PORT AUTHORITY
In order to grant the Canaveral Port Authority reuse water, the city must modify its FDEP permit.
The application fee is $5,000 and the engineering services associated with the permit application
are approximately $5,000.
I also need a consensus from council on the following:
(1) Term of agreement?
(2) Who pays start-up costs — city, port, or shared?
(3) Should the port pay a per 1,000 gallon charge for the 100,000 GPD to offset the city
operations and maintenance expense to provide reuse service?
(4) Are there any other terms and/or conditions you may want in this agreement?
Once staff is given direction, we will draft an agreement.
Please advise.
BCB:kmm
Attachment
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE (407) 868-1200 0 FAX (407) 799-3170
no SM
I
•A TMq
14 April 1997
Mayor John Porter
City of Cape Canaveral
P. O. Box 326
Cape Canaveral, FL 32926
Subj: Port Entrance Interchange/Landscaping/Irrigation
Dear Mayor Porter:
RALPH J. KENNEDY
Chairman
DONALD N. MOLITOR
Vice -Chairman
RAYMOND P. SHARKEY
Secretary -Treasurer
RODNEY S. KETCHAM
Coram ssioner
JOE D. MATHENY
CHARLES M. ROWLAND
Execuum Director
The plans for the Port Entrance Interchange and Improvements to George King Boulevard are
nearing completion and we are beginning design of the landscape element. Additionally, we are
well along in our planning of the Jetty Park improvements. The quality and appearance of the
landscaping of both of these projects will vary depending on the quality of water for irrigation.
Both projects will serve to beautify both the Port and City of Cape Canaveral and by necessity
and option will be heavily traveled and utilized by the citizens of the City of Cape Canaveral.
We have ascertained that to maintain the landscaping approximately 30,000 gallons per day will
be required for Jetty Park and 60,000 gallons per day for the Intersection/George King
Boulevard irrigation. Our wastewater agreement with the City of Cocoa Beach states that they
will provide reuse water in quantities equal to our sewage flow of approximately 100,000 gallons
per day. Since the City of Cape Canaveral now sends approximately 750,000 gpd of reuse water
to the City of Cocoa Beach and since the City of Cape Canaveral reuse lines are in proximity to
the Port boundary, it is logical from an economic, energy and water conservation standpoint to
connect to these lines and take a quantity of reuse water equal to the Port's daily sewage flow
from the allotment you now send to the City of Cocoa Beach.
As you know, the City of Cocoa Beach has agreed to this and is willing to provide the port with
100,000 gpd which will meet our landscaping needs. This additional output allocation has the
additional environmental advantage of reducing the amount of fresh water entering the Banana
River lagoon system during the period that the City of Cape Canaveral is striving to connect its
reuse customers. During this interim period, you could provide the City of Cocoa Beach the full
750,000 gpd and provide the port with 100,000 gpd, thus reducing the flow into the lagoon
system.
PORT CANAVERAL & FOREIGN TRADE ZONE 136
P.O. Box 267 • Cape Canaveral, Florida 32920, USA • 407.783.7831 • Fax: 407.784.6223 • 1.888.PORTCAN
E-mail: portcan@aol.com • httpJ/www.portcanaveral.org
Mayor John Porter
4/14/97
2
An alternative for the Port would be to obtain reuse directly from the City of Cocoa Beach which
is wasteful from a right-of-way conservation, power usage and construction cost basis. The
installation of the line from the Port to the Cocoa Beach reuse tank would duplicate and parallel
the existing line from the Cape Canaveral plant to the reuse tank. This option is not
economically viable and would be a glaring example of waste of public resources.
Other alternatives available to the port would be to use a combination of shallow wells and
retention bonds for irrigation in combination with vegetation which does not require much
irrigation but will result in a much less aesthetically pleasing landscaping for the city and the
port.
Owing to the large investment in trees and landscaping as well as interior distribution lines, the
port would want to be assured of a 20 year agreement for a minimum of 100,000 gpd with the
city for the reuse water.
In the spirit of cooperation, it is requested that you agenda this item for a decision by the City
Council. I would like the opportunity at that meeting to present both the conceptual plan for the
improvements to Jetty Park and the Interchange at George King Boulevard projects.
Thank you for your cooperation in this matter.
Sincerely,
C 1�AL P AUTHORITY
Ra ph Kennedy
Chairman
c: Mayor J. Morgan, City of Cocoa Beach
_ Council Members: Leo Nicholas
Buzz Petsos
Arthur Berger
Rocky Randels
City of Cape Canaveral
MEMORANDUM
TO: HONORABLE MAYOR AND
MEMBERS OF CITY COUNCIL
FROM: BENNETT C. BOUCHER
CITY MANAGER
SUBJECT: REUSE AGREEMENT WITH CANAVERAL PORT AUTHORITY
In order to grant the Canaveral Port Authority reuse water, the city must modify its FDEP permit.
The application fee is $5,000 and the engineering services associated with the permit application
are approximately $5,000.
I also need a consensus from council on the following:
(1) Term of agreement?
(2) Who pays start-up costs -- city, port, or shared?
(3) Should the port pay a per 1,000 gallon charge for the 100,000 GPD to offset the city
operations and maintenance expense to provide reuse service?
(4) Are there any other terms and/or conditions you may want in this agreement?
Once staff is given direction, we will draft an agreement.
Please advise.
BCB:kmm
Attachment
105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326
TELEPHONE 14071 868-1200 • FAX (407) 799-3170
Meeting Type: Regular
Meeting Date: 07-01-97
AGENDA
Heading
Discussion
Item
g
No.
Legal ads for the two public hearings will cost a total of $860 each. This proposed ordinance was recommended
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION RE: PROPOSED C-2 ZONING DISTRICT AND AMENDMENT TO THE
FUTURE LAND USE MAP
DEPT./DIVISION: P&Z/LPA
Requested Action:
That the City Council review and comment on the proposed C-2 zoning district and amendment to the future
land use map.
Summary Explanation & Background:
This discussion will give council an opportunity to review and comment on this proposed ordinance prior to the
first public transmittal hearing. Procedures are highlighted in the attached Section of F.S. 163.
Legal ads for the two public hearings will cost a total of $860 each. This proposed ordinance was recommended
by the LPA/P&Z with input from the Commercial Development Board.
Please advise staff if there are any changes and whether or not to proceed with the first public hearing.
Exhibits Attached:
Proposed Ordinance No. 8-97; Draft of Amended Future Land Use Ma • F.S. 163
City Ma s Office
Department P&Z/LPA
CITY OF CAPE CAPE CANAVERAL
Future
RECIPUBLIC
Prepared by Office of JIM FORD, CFA - Property Appraiser
Geographic Information Services
ORDINANCE NO. 08-97
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA,
AMENDING CHAPTER 110, ZONING, ARTICLE VII, DISTRICTS, BY
THE ADOPTION OF A NEW ZONING DISTRICT WITHIN THE CITY
UNDER A NEW DIVISION 8, C-2 COMMERCIAL/MANUFACTURING
DISTRICT, SETTING FORTH PRINCIPAL USES AND STRUCTURES;
USES BY SPECIAL EXCEPTION; PROHIBITED USES; AREA
DIMENSIONS; SETBACKS; AND OTHER PERFORMANCE
STANDARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF INCONSISTENT ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Chapter 110, Zo in, Article VII, Districts, is hereby amended by the
addition of a new Division 8, C-2 Commercial/Manufacturing District, under Sections 110-
380 through 110-389, inclusive, as follows:
Section 110-380 Intent.
The requirements for the C-2 commercial/manufacturing district are intended to
apply to an area adjacent to major arterial streets, located adjacent to existing
commercial or manufacturing uses and convenient to major residential areas.
This district would be associated with a mix of low density commercial and
light industrial. The types of uses permitted are intended to serve employment
and consumer needs of nearby residential neighborhoods, as well as the
commercial needs of the motorist. All principal uses permitted in this zone
shall be contained in an enclosed structure. All buildings in this district shall be
considered in the fire district, as per the definition in Section 110-1 and shall be
built in conformance with the rules and regulations of fire districts.
City of Cape Canaveral
Ordinance No. 08-97
Page 2
Section 110-381 Principal Uses and Structures.
In the C-2 commercial/manufacturing district, the following uses and structures
are permitted:
1. Retail stores, sales and display rooms.
2. Personal service establishments, such as beauty shops and barbershops,
laundry and dry cleaning pickup stations, tailor shops, daycare and
similar uses.
3. Professional offices, studios, clinics, laboratories, general offices,
business schools, data processing and similar uses.
4. Eating establishments, bakeries and delicatessens.
5. Public and semi-public parks, playgrounds, clubs and lodges, cultural
facilities, hospitals, clinics, mortuaries and funeral homes (excluding
crematories), government offices, schools, churches and similar uses.
6. Banks and financial institutions.
7. Commercial recreation, such as driving ranges, bingo parlors, adult and
youth centers, bowling alleys, reading rooms, arcades, rental halls and
other similar uses.
8. Repair service establishments, such as household appliances, radio,
television and similar uses (excluding automobile repairs).
9. Automotive service stations, subject to the following:
a. All setbacks shall be no less than 25 feet from any portion of the
building, including pump islands.
b. Underground storage is required for all receptacles for
combustible materials in excess of 55 gallons. Such storage shall
comply with all Environmental Protection Agency standards.
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City of Cape Canaveral
Ordinance No. 08-97
Page 3
C. The accumulation and storage of waste petroleum products is
forbidden, unless in compliance with Environmental Protection
Agency standards.
d. Curb cuts shall be made in accordance with Section 110-493.
e. No service stations shall be erected or located within 150 feet of
the property line of any church, hospital, school or park.
f. A visual screen, meeting the specifications of Section 110-566,
shall be provided along any property line abutting a residential
district or residential use.
g. Services and sales permissible include only the following:
1. Spark plugs, batteries, distributor parts, ignition system
parts, vehicle wiring and the like.
2. Exhaust system components, engine cooling components,
automotive air conditioning system components, braking
system components, vehicle lighting system components,
radios, steering assembly parts, fuel system components
and the like.
3. Tire servicing and repair, but not recapping.
4. Washing and polishing, including the sale of related
materials.
5. Greasing, oil changes and other lubrication.
6. Sale of cold drinks, package foods, tobacco and similar
convenience goods for service station customers.
7. Road maps, informational materials and restroom facilities.
8. Truck and trailer rentals.
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City of Cape Canaveral
Ordinance No. 08-97
Page 4
h. Vehicles shall not be parked outside the building for more than
four days, such four days to be considered as an accumulated
parking time, whether consecutive or accumulated.
Uses permissible at a service station do not include body work,
straightening of body parts, painting, welding (other than minor
repairs), storage of automobiles not in operating condition or
other work involving noise, glare, fumes, smoke or other
characteristics to an extent greater than normally found in service
stations. A service station is not a body shop.
j. Automotive parts, new or uses, shall not be stored outside.
k. Vehicles are not to be dismantled or scrapped for parts.
1. Engine and transmission overhaul may be performed only inside
the service bays.
M. A minimum of two enclosed service bays and a customer waiting
area must be provided if maintenance and repairs are a part of the
business.
n. A minimum building size of 2,000 square feet shall be provided.
o. No plants (grass, weeds, etc.) shall be allowed to grow through
cracks or joints in the pavement.
P. Landscaping shall conform to Section 110-566.
q. Service stations shall not be erected or located within 2,000 feet
of the property line of another service station.
10. Places in which goods are produced and sold at retail upon the premises.
11. Vocational and trade schools not involving operations of an industrial
nature, such as truck driving schools.
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City of Cape Canaveral
Ordinance No. 08-97
Page 5
12. Commercial establishments which sell, dispense, serve or store alcoholic
beverages or which permit the consumption of alcoholic beverages on
their premises. Applicant must meet requirements of Section 110-171.
Also see Section 110-332.
13. Dry cleaning establishments using non-flammable solvents and cleaning
fluids as determined by the fire chief.
14. Retail stores using outside display areas, provided the following are met:
a. The areas of outside display shall not exceed in size one-third of
the enclosed area of the principal structure.
15. Manufacturing of:
a. Instruments for controlling, measuring and indicating physical
characteristics.
b. Optical instruments and lenses.
C. Surgical, medical and dental instruments and supplies.
d. Ophthalmic goods.
e. Watches, clocks, clockwork -operated devices and parts.
f. Photographic equipment and supplies.
g. Jewelry, silverware, plated ware.
h. Musical instruments and parts.
L Toys, amusements, sporting and athletic goods.
j. Radio, TV, phonograph and electronics instruments and parts.
k. Pens, pencils and other office and artist materials.
1. Costume jewelry, costume novelties, buttons and notions.
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City of Cape Canaveral
Ordinance No. 08-97
Page 6
M. Other similar uses.
16. Mini -storage and storage garages.
17. Paint and body shops.
18. Motor vehicle repair shops, provided that repairs and materials are
within enclosed building.
Section 110-382 Accessory Uses and Structures.
In the C-2 commercial/manufacturing district, customary accessory uses of one
or more of the principal uses, clearly incidental and subordinate to the principal
use, in keeping with the commercial manufacturing character of the district, are
permitted.
Section 110-383 Special Exceptions Permissible by the Board of
Adjustment.
(a) In the C-2 commercial/manufacturing district, after public notice and
hearing, the Board of Adjustment may permit special exceptions which
are compatible to permitted uses and which are able to meet the
minimum requirements and performance standards, as set forth in this
zoning district.
(b) The Board of Adjustment may adjust setbacks and provisions noted in
Article IX of this Chapter as necessary and appropriate in granting
special exceptions.
(c) Special exceptions may be permitted for the following:
1. Plant nurseries and greenhouses, provided that all outside display
of merchandise are contained within the required setbacks.
2. Vocational and trade schools involving operations of an industrial
nature.
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City of Cape Canaveral
Ordinance No. 08-97
Page 7
3. Radio and television studios, communication towers and
antennas.
4. Temporary security facilities, subject to annual review.
5. Veterinary hospitals and clinics, subject to the provisions
designated in Division 5 of this Article for the C-1 district.
6. Sales, leasing and rental of new and used automobiles, major
recreational equipment and mobile homes with accessory
services, subject to the following:
a. Outside areas where merchandise is displayed shall be
paved.
b. All ingress and egress points to abutting streets shall be
marked clearly and placed not closer than 30 feet apart on
the same street.
C. All servicing and repair activities, except gasoline pumps,
shall be located in an enclosed structure.
d. There shall be no storage of junked or wrecked
automobiles, other than temporary storage, not to exceed
30 days. These vehicles shall be within an enclosed area
and not be visible from outside the property.
e. Ingress and egress points shall not be placed so as to
endanger pedestrian traffic.
7. Commercial establishments for the storage of parking recreational
vehicles, trailers and trailerable items, provided it meets the
following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be obscured from view by
either walls, fences or hedges.
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City of Cape Canaveral
Ordinance No. 08-97
Page 8
C. Walls, fences and hedges must comply with all city rules
and regulations and must be kept in good condition, so as
to ensure obstruction from view.
8. Public utility equipment; uses and rights-of-way essential to serve
the neighborhood in which it is located.
9. Theaters, drive-in theaters, photographic studios, bookstores and
dance studios, unless such uses fall within the scope and
restrictions of Section 10-86, et seq.
10. Carwashes, including polishing and sale of related materials.
Section 110-384 Prohibited Uses and Structures.
In the C-2 commercial/manufacturing district, the following uses and structures
are prohibited:
1. All uses not specifically or provisionally permitted in this division.
2. Any use which fails to meet performance standards specifications as
provided in Section 110-466.
3. Bottle clubs.
4. Crematoriums (animal or human).
Section 110-385 Area and Dimensions.
In the C-2 commercial/manufacturing district, the following areas and
dimensions shall be required:
1. Minimum lot area shall be as follows:
a. Service stations, 12,000 square feet.
b. All other principal uses and structures shall be 10,000 square
feet.
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City of Cape Canaveral
Ordinance No. 08-97
Page 9
2. Minimum lot width shall be as follows:
a. Service stations, 100 feet.
b. All other principal uses and structures shall be 75 feet.
3. Minimum lot depth shall be 100 feet.
4. Maximum lot coverage shall be 50 percent.
5. Minimum floor area shall be 300 square feet.
6. Maximum height shall be 45 feet.
Section 110-386 Minimum Setbacks.
In the C-2 commercial/manufacturing district, the minimum setbacks required
shall be as follows:
1. Front, 25 feet.
a. (See subsection (b) of this Section.)
2. Side (interior lot line), 15 feet, except where industrial property abuts a
residential district, in which case the minimum side interior lot shall be
25 feet.
3. Side (corner lot line), 25 feet.
4. Rear, 15 feet, except where industrial property abuts a residential
district, in which case the minimum rear yard requirement shall be 25
feet.
5. Public or private street, 25 feet.
a. (See Section 110-356 for special setbacks.)
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City of Cape Canaveral
Ordinance No. 08-97
Page 10
Section 110-387 Landscaping, Screening and Parking.
In the C-2 commercial/manufacturing district, landscaping, screening and
parking shall be as provided in Article IX of this Chapter.
Section 110-388 Performance Standards.
In the C-2 commercial/manufacturing district, performance standards shall be as
provided in Section 110-466, et seq.
Section 110-389 Parking and Loading.
In the C-2 commercial/manufacturing district, off-street parking shall be as
provided in Section 110-491, et seq., and off-street loading shall be as provided
in Section 110-506, et seq.
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
upon its adoption.
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This Ordinance shall take effect immediately
City of Cape Canaveral
Ordinance No. 08-97
Page 11
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
D:\cit7yclerk\CityClk\ORDINANC\ZONING\C2ZONE.doc
'2_22 1 s.163.3184 1994 SUPPLEMENT TO FLORIDA STATUTES 1993 s. 163.3184
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163.3187 Amendment of adopted comprehensive
plan.
163.3184 Process for adoption of comprehensive
plan or plan amendment.—
(1) DEFINITIONS.—As used in this section:
(a) "Affected person" includes the affected local
government; persons owning property, residing, or own-
ing or operating a business within the boundaries of the
local government whose plan is the subject of the
review; and adjoining local governments that can dem-
onstrate that the plan or plan amendment will produce
substantial impacts on the increased need for publicly
funded infrastructure or substantial impacts on areas
designated for protection or special treatment within
their jurisdiction. Each person, other than an adjoining
local government, in order to qualify under this defini-
tion, shall also have submitted oral or written comments,
recommendations, or objections to the local government
during the period of time beginning with the transmittal
hearing for the plan or plan amendment and ending with
the adoption of the plan or plan amendment.
(b) "In compliance" means consistent with the
requirements of ss. 163.3177, 163.3178, and 163.3191,
with the state comprehensive plan, with the appropriate
strategic regional policy plan, and with 'chapter 9J-5,
F.A.C., where such rule is not inconsistent with chapter
163, part ll.
(2) COORDINATION.—Each comprehensive plan or
plan amendment proposed to be adopted pursuant to
this part shall be transmitted, adopted, and reviewed in
the manner prescribed in this section. The state land
planning agency shall have responsibility for plan
review, coordination, and the preparation and transmis-
sion of comments, pursuant to this section, to the local
governing body responsible for the comprehensive plan.
(3) LOCAL GOVERNMENT TRANSMITTAL OF PRO-
POSED PLAN OR AMENDMENT.—
(a) Each local governing body shall transmit the
complete proposed comprehensive plan or plan amend-
ment to the state land planning agency, the appropriate
regional planning council and water management dis-
trict, the department, and the Department of Transpor-
tation immediately following a public hearing pursuant
to subsection (15) as specified in the state land planning
agency's procedural rules. The local governing body
shall also transmit a copy of the complete proposed
comprehensive plan or plan amendment to any other
unit of local government or government agency in the
state that has filed a written request with the governing
body for the plan or plan amendment.
(b) A local governing body shall not transmit por-
tions of a plan or plan amendment unless it has previ-
ously provided to all state agencies designated by the
state land planning agency a complete copy of its
adopted comprehensive plan pursuant to subsection (7)
and as specified in the agency's procedural rules. In the
case of comprehensive plan amendments, the local gov-
erning body shall transmit to the state land planning
agency, the appropriate regional planning council and
water management district, the department, and the
Department of Transportation the materials specified in
the state land planning agency's procedural rules and,
Kil
in cases in which the plan amendment is a result of an
evaluation and appraisal report adopted pursuant to s.
163.3191, a copy of the evaluation and appraisal report.
Local governing bodies shall consolidate all proposed
plan amendments into a single submission for each of
the two plan amendment adoption dates during the cal-
endar year pursuant to s. 163.3187.
(c) A local government may adopt a proposed plan
amendment previously transmitted pursuant to this sub-
section, unless review is requested or otherwise initi-
ated pursuant to subsection (6).
(4) INTERGOVERNMENTAL REVIEW.—If review of
a proposed comprehensive plan amendment is
requested or otherwise initiated pursuant to subsection
(6), the state land planning agency within 5 working
days of determining that such a review will be con-
ducted shall transmit a copy of the proposed plan
amendment to various government agencies, as appro-
priate, for response or comment, including, but not lim-
ited to, the department, the Department of Transporta-
tion, the water management district, and the regional
planning council, and, in the case of municipal plans, to
the county land planning agency. These governmental
agencies shall provide comments to the state land plan-
ning agency within 30 days after receipt of the proposed
plan amendment. The appropriate regional planning
council shall also provide its written comments to the
state land planning agency within 30 days after receipt
of the proposed plan amendment and shall specify any
objections, recommendations for modifications, and
comments of any other regional agencies to which the
regional planning council may have referred the pro-
posed plan amendment.
(5) REGIONAL AND COUNTY REVIEW.—The
review of the regional planning council pursuant to sub-
section (4) shall be limited to effects on regional
resources or facilities identified in the strategic regional
policy plan and extrajurisdictional impacts which would
be inconsistent with the comprehensive plan of the
affected local government. However, any inconsistency
between a local plan or plan amendment and a strategic
regional policy plan must not be the sole basis for a
notice of intent to find a local plan or plan amendment
not in compliance with this act. A regional planning
council shall not review and comment on a proposed
comprehensive plan it prepared itself unless the plan
has been changed by the local government subsequent
to the preparation of the plan by the regional planning
agency. The review of the county land planning agency
pursuant to subsection (4) shall be primarily in the con-
text of the relationship and effect of the proposed plan
amendment on any county comprehensive plan ele-
ment.
(6) STATE LAND PLANNING AGENCY REVIEW.—
(a) The state land planning agency shall review a
proposed plan amendment upon request of a regional
planning council, affected person, or local government
transmitting the plan amendment if the request is
received within 45 days after transmittal of the proposed
plan amendment pursuant to subsection (3). The
agency shall issue a report of its objections, recommen-
dations, and comments regarding the proposed plan
amendment. A regional planning council or affected per-
s-163.3184 1994 SUPPLEMENT TO FLORIDA STATUTES 1993 s.163.3184
son requesting a review shall do so by submitting a writ-
ten request to the agency with a notice of the request
to the local government and any other person who has
requested notice.
(b) The state land planning agency may review any
proposed plan amendment regardless of whether a
request for review has been made, if the agency gives
y otice to the local government, and any other person
who has requested notice, of its intention to conduct
such a review within 30 days of transmittal of the pro-
posed plan amendment pursuant to subsection (3).
(c) The state land planning agency, upon receipt of
comments from the various government agencies pur-
suant to subsection (4), shall have 30 days to review
comments from the various government agencies along
with a local government's comprehensive plan or plan
amendment. During that period, the state land planning
agency shall transmit in writing its comments to the local
government along with any objections and any recom-
mendations for modifications. When a federal, state, or
regional agency has implemented a permitting program,
the state land planning agency shall not require a local
government to duplicate or exceed that permitting pro-
gram in its comprehensive plan or to implement such a
permitting program in its land development regulations.
Nothing contained herein shall prohibit the state land
planning agency in conducting its review of local plans
or plan amendments from making objections, recom-
mendations, and comments or making compliance
determinations regarding densities and intensities
consistent with the provisions of this part.
(7) LOCAL GOVERNMENT REVIEW OF COM-
MENTS; ADOPTION OF PLAN OR AMENDMENTS AND
TRANSMITTAL.—The local government shall review the
written comments submitted to it by the state land plan-
ning agency, and any other person, agency, or govern-
ment. Any comments, recommendations, or objections
and any reply to them shall be public documents, a part
of the permanent record in the matter, and admissible
in any proceeding in which the comprehensive plan or
plan amendment may be at issue. The local government,
upon receipt of written comments from the state land
planning agency, shall have 120 days to adopt or adopt
with changes the proposed comprehensive plan or s.
163.3191 plan amendments. In the case of comprehen-
sive plan amendments other than those proposed pur-
suant to s. 163.3191, the local government shall have 60
days to adopt the amendment, adopt the amendment
with changes, or determine that it will not adopt the
amendment. The adoption of the proposed plan or plan
amendment or the determination not to adopt a plan
amendment, other than a plan amendment proposed
pursuant to s. 163.3191, shall be made in the course of
a public hearing pursuant to subsection (15). The local
government shall transmit the adopted comprehensive
plan or adopted plan amendment to the state land plan-
ning agency as specified in the agency's procedural
rules within 10 working days after adoption. The local
governing body shall also transmit a copy of the
adopted comprehensive plan or plan amendment to the
regional planning agency and to any other unit of local
government or governmental agency in the state that
has filed a written request with the governing body for
a copy of the plan or plan amendment.
(8) NOTICE OF INTENT.—
(a) The state land planning agency, upon receipt of
a local government's adopted comprehensive plan or
plan amendment, shall have 45 days for review and to
determine if the plan or plan amendment is in compli-
ance with this act. If review was not conducted under
subsection (6), the agency's determination must be
based upon the plan amendment as adopted. If review
was conducted under subsection (6), the agency's
determination of compliance must be based only upon
one or both of the following:
1. The state land planning agency's written com-
ments to the local government pursuant to subsection
(6); or
2. Any changes made by the local government to
the comprehensive plan or plan amendment as
adopted.
(b) During the 45 -day period provided for in this
subsection, the state land planning agency shall issue,
through a senior administrator or the secretary, as speci-
fied in the agency's procedural rules, a notice of intent
to find that the plan or plan amendment is in compliance
or not in compliance. A notice of intent shall be issued
by publication of notice in the manner required by para-
graph (15)(c) and by mailing a copy to the local govern-
ment and to persons who request notice. Notwithstand-
ing the content requirements of paragraph (15)(c), the
content of the notice shall be sufficient to inform the
public of the action taken.
(9) PROCESS IF LOCAL PLAN OR AMENDMENT IS
IN COMPLIANCE.—
(a) If the state land planning agency issues a notice
of intent to find that the comprehensive plan or plan
amendment transmitted pursuant to s. 163.3167, s.
163.3187, s. 163.3189, or s. 163.3191 is in compliance
with this act, any affected person may file a petition with
the agency pursuant to s. 120.57 within 21 days after the
publication of notice. In this proceeding, the local plan
or plan amendment shall be determined to be in compli-
ance if the local government's determination of compli-
ance is fairly debatable.
(b) The hearing shall be conducted by a hearing offi-
cer of the Division of Administrative Hearings of the
Department of Management Services, who shall hold
the hearing in the county of and convenient to the
affected local jurisdiction and submit a recommended
order to the state land planning agency. The state land
planning agency shall allow 10 days for the filing of
exceptions to the recommended order and shall issue
a final order within 30 days after receipt of the recom-
mended order if the state land planning agency deter-
mines that the plan or plan amendment is in compliance.
If the state land planning agency determines that the
plan or plan amendment is not in compliance, the
agency shall submit, within 30 days after receipt, the
recommended order to the Administration Commission
for final agency action.
(10) PROCESS IF LOCAL PLAN OR AMENDMENT IS
NOT IN COMPLIANCE.—
(a) If the state land planning agency issues a notice
of intent to find the comprehensive plan or plan amend-
ment not in compliance with this act, the notice of intent
shall be forwarded to the Division of Administrative
302
s. 163.3184 1994 SUPPLEMENT TO FLORIDA STATUTES 1993
Hearings of the Department of Management Services,
which shall conduct a proceeding under s. 120.57 in the
county of and convenient to the affected local jurisdic-
tion. The parties to the proceeding shall be the state
land planning agency, the affected local government,
and any affected person who intervenes. No new issue
may be alleged as a reason to find a plan or plan amend-
ment not in compliance in an administrative pleading
filed more than 21 days after publication of notice unless
the party seeking that issue establishes good cause for
not alleging the issue within that time period. Good
cause shall not include excusable neglect. In the pro-
ceeding, the local government's determination that the
comprehensive plan or plan amendment is in compli-
ance is presumed to be correct. The local government's
determination shall be sustained unless it is shown by
a preponderance of the evidence that the comprehen-
sive plan or plan amendment is not in compliance. The
local government's determination that elements of its
plans are related to and consistent with each other shall
be sustained if the determination is fairly debatable.
(b) The hearing officer assigned by the division shall
submit a recommended order to the Administration
Commission for final agency action.
(11) ADMINISTRATION COMMISSION.—
(a) If the Administration Commission, upon a hearing
pursuant to subsection (9) or subsection (10), finds that
the comprehensive plan or plan amendment is not in
compliance with this act, the commission shall specify
remedial actions which would bring the comprehensive
plan or plan amendment into compliance. The commis-
sion may direct state agencies not to provide funds to
increase the capacity of roads, bridges, or water and
sewer systems within the boundaries of those local gov-
ernmental entities which have comprehensive plans or
plan elements that are determined not to be in compli-
ance. The commission order may also specify that the
local government shall not be eligible for grants adminis-
tered under the following programs:
1. The Florida Small Cities Community Develop-
ment Block Grant Program, as authorized by ss.
290.0401-290.049.
2. The Florida Recreation Development Assistance
Program, as authorized by chapter 375.
3. Revenue sharing pursuant to ss. 206.60, 210.20,
and 218.61 and part I of chapter 212, to the extent not
pledged to pay back bonds.
(b) If the local government is one which is required
to include a coastal management element in its compre-
hensive plan pursuant to s. 163.3177(6)(g), the commis-
sion order may also specify that the local government is
not eligible for funding pursuant to s. 161.091. The com-
mission order may also specify that the fact that the
coastal management element has been determined to
be not in compliance shall be a consideration when the
department considers permits under s. 161.053 and
when the Board of Trustees of the Internal Improvement
Trust Fund considers whether to sell, convey any inter-
est in, or lease any sovereignty lands or submerged
lands until the element is brought into compliance.
(c) Any funds from a state program withheld from a
local government pursuant to paragraphs (a) and (b) as
a sanction for noncompliance shall be deposited into the
Growth Management Trust Fund created by s. 186.911.
s.163.3184
(d) The sanctions provided by paragraphs (a) and
(b) shall not apply to a local government regarding any
plan amendment, except for plan amendments that
amend plans that have not been finally determined to be
in compliance with this part, and except as provided in
s. 163.3189(2) or s. 163.3191(11).
(12) GOOD FAITH FILING.—The signature of an
attorney or party constitutes a certificate that he has
read the pleading, motion, or other paper and that, to
the best of his knowledge, information, and belief
formed after reasonable inquiry, it is not interposed for
any improper purpose, such as to harass or to cause
unnecessary delay, or for economic advantage, compet-
itive reasons, or frivolous purposes or needless increase
in the cost of litigation. If a pleading, motion, or other
paper is signed in violation of these requirements, the
hearing officer, upon motion or his own initiative, shall
impose upon the person who signed it, a represented
party, or both, an appropriate sanction, which may
include an order to pay to the other party or parties the
amount of reasonable expenses incurred because of the
filing of the pleading, motion, or other paper, including
a reasonable attorney's fee.
(13) EXCLUSIVE PROCEEDINGS.—The proceedings
under this section shall be the sole proceeding or action
for a determination of whether a local government's
plan, element, or amendment is in compliance with this
act.
(14) AREAS OF CRITICAL STATE CONCERN.—No
proposed local government comprehensive plan or plan
amendment which is applicable to a designated area of
critical state concern shall be effective until it has been
reviewed and approved as provided in s. 380.05.
(15) PUBLIC HEARINGS.—
(a) The procedure for transmittal of a complete pro-
posed comprehensive plan or plan amendment pursu-
ant to subsection (3) and for adoption of a comprehen-
sive plan or plan amendment pursuant to subsection (7)
shall be by affirmative vote of not less than a majority of
the total membership of the governing body in the man-
ner prescribed by this subsection. The adoption of a
comprehensive plan or plan amendment shall be by
ordinance. For the purposes of transmitting or adopting
a comprehensive plan or plan amendment, the notice
requirements in chapters 125 and 166 are superseded
by this subsection.
(b) The local governing body shall hold at least two
advertised public hearings on the proposed comprehen-
sive plan or plan amendment as follows:
1. The first public hearing shall be held at the trans-
mittal stage pursuant to subsection (3). It shall be held
on a weekday approximately 7 days after the day that
the first advertisement is published. The intention to
hold and advertise a second public hearing shall be
announced at the first public hearing.
2. The second public hearing shall be held at the
adoption stage pursuant to subsection (7). It shall be
held on a weekday approximately 5 days after the day
that the second advertisement is published.
Except as provided in paragraph (c), the advertisement
shall state the date, time, place of the meeting, the sub-
ject of the meeting, and the place or places within the
303
s.163.3184 1994 SUPPLEMENT TO FLORIDA STATUTES 1993 s. 163.3184
boundaries of local governmental entity where the pro-
posed comprehensive plan or plan amendment may be
inspected by the public. The advertisement shall also
advise that interested parties may appear at the meet-
ing and be heard regarding the transmittal or adoption
of the comprehensive plan or plan amendment.
(c) If the proposed comprehensive plan or plan
amendment changes the permitted uses of land or
changes land use categories, the required advertise-
ments shall be no less than one-quarter page in a stan-
dard size or a tabloid size newspaper, and the headline
in the advertisement shall be in a type no smaller than
18 point. The advertisement shall not be placed in that
portion of the newspaper where legal notices and classi-
fied advertisements appear. Th6 advertisement shall be
published in a newspaper of general paid circulation in
the jurisdiction of the county or municipality, whichever
is applicable, and of general interest and readership in
the county or municipality, whichever is applicable, not
one of limited subject matter, pursuant to chapter 50.
Whenever possible, the advertisement shall appear in a
newspaper that is published at least 5 days a week,
unless the only newspaper in the jurisdiction is pub-
lished less than 5 days a week. The advertisement shall
be in substantially the following form:
NOTICE OF CHANGE OF LAND USE
The (name of local governmental unit) proposes to change the
use of land within the area shown in the map in this
advertisement.
A public hearing on the proposal will be held on date
and lime) at (meeting olace) .
The advertisement shall also contain a geographic loca-
tion map which clearly indicates the area covered by the
proposal. The map shall include major street names as
a means of identification of the area.
(16) COMPLIANCE AGREEMENTS.—
(a) At any time following the issuance of a notice of
intent to find a comprehensive plan or plan amendment
not in compliance with this part or after the initiation of
a hearing pursuant to subsection (9), the state land plan-
ning agency and the local government may voluntarily
enter into a compliance agreement to resolve one or
more of the issues raised in the proceedings. Affected
persons who have initiated a formal proceeding or have
intervened in a formal proceeding may also enter into
the compliance agreement. All parties granted interve-
nor status shall be provided reasonable notice of the
commencement of a compliance agreement negotiation
process and a reasonable opportunity to participate in
such negotiation process. Negotiation meetings with
local governments or intervenors shall be open to the
public. The state land planning agency shall provide
each party granted intervenor status with a copy of the
compliance agreement within 10 days after the agree-
ment is executed. The compliance agreement shall list
each portion of the plan or plan amendment which is not
in compliance, and shall specify remedial actions which
the local government must complete within a specified
time in order to bring the plan or plan amendment into
compliance, including adoption of all necessary plan
amendments. The compliance agreement may also
establish monitoring requirements and incentives to
ensure that the conditions of the compliance agreement
are met.
(b) Upon filing by the state land planning agency of
a compliance agreement executed by the agency and
the local government with the Division of Administrative
Hearings, any administrative proceeding under s. 120.57
regarding the plan or plan amendment covered by the
compliance agreement shall be stayed.
(c) Prior to its execution of a compliance agreement,
the local government must approve the compliance
agreement at a public hearing advertised at least 10
days before the public hearing in a newspaper of gen-
eral circulation in the area in accordance with the adver-
tisement requirements of subsection (15).
2(d) A local government may adopt a plan amend-
ment pursuant to a compliance agreement in accord-
ance with the requirements of paragraph (15)(a). The
plan amendment shall be exempt from the requirements
of subsections (2) through (7). The local government
shall hold a single adoption public hearing pursuant to
the requirements of subparagraph (15)(b)2. and para-
graph (15)(c). Within 10 working days after adoption of
a plan amendment, the local government shall transmit
the amendment to the state land planning agency as
specified in the agency's procedural rules, and shall
submit one copy to the regional planning agency and to
any other unit of local government or government
agency in the state that has filed a written request with
the governing body for a copy of the plan amendment,
and one copy to any party to the s. 120.57 proceeding
granted intervenor status.
2(e) The state land planning agency, upon receipt of
a plan amendment adopted pursuant to a compliance
agreement, shall issue a cumulative notice of intent
addressing both the compliance agreement amend-
ment and the plan or plan amendment that was the sub-
ject of the agreement, in accordance with subsection
(a)
2(f) If the local government adopts a comprehensive
plan amendment pursuant to a compliance agreement
and a notice of intent to find the plan amendment in
compliance is issued, the state land planning agency
shall forward the notice of intent to the Division of
Administrative Hearings and the pending s. 120.57 pro-
ceeding concerning the plan or plan amendment shall
be dismissed by the hearing officer as to the depart-
ment. Any affected person may challenge the plan or
plan amendment which is the subject of the cumulative
notice of intent by filing a petition with the agency as
provided in subsection (9). If the local government
adopts a comprehensive plan amendment pursuant to
a compliance agreement and a notice of intent to find
the plan amendment not in compliance is issued, the
state land planning agency shall forward the notice of
intent to the Division of Administrative Hearings, which
shall consolidate the proceeding with the pending pro-
ceeding and immediately set a date for hearing in the
pending s. 120.57 proceeding. Affected persons who
are not a party to the underlying s. 120.57 proceeding
may challenge the plan amendment adopted pursuant
to the compliance agreement by filing a petition pursu-
ant to subsection (9) or subsection (10).
304
Rep. Dave Weldon ff 407-639-8595 RO 6/26/97 (D 7:01 PM
1c1 S
News From
y DAVE WELDON
Florida's 15th District --Serving Brevard, Indian River, Osceola, and Polk Counties
FOR IMMEDIATE RELEASE CONTACT: Brian Chase (202) 225-3671
June 26, 1997 Valerie Davis (407) 752-4333
MEDIA ADVISORY
**Change in Media Availability for June 30 Veterans Town Hall**
Melbourne, FL - - The location for the media availability for the June 30 veterans tows
hall meeting has changed. The press will have an opportunity to talk with U.S. Representative
Dave Weldon (R -Palm Bay) and Dr, Robert Roswell, VA Network Director for Florida and Puerto
Rico, at 5:00 pm on Monday, June 30, prior to the veterans town hall meeting later that evening.
The new location for this media opportunity is the Palm Bay Community
Hospital, which will be the site of the VA interim clinic.
For additional questions or requests, contact Brian Chase with Rep. Weldon's office or
Valerie Davis -Holloway with Health First at the numbers listed above. Health First invites the
media to tour the facilities of the hospital following the press conference.
WHO: • U.S. Representative Dave Weldon
• Dr. Bob Roswell (VA Network Director for
Florida and Puerto Rico)
Mr. Michael Means (President/CEO, Health
First)
WHAT: Discussion of new veterans health care
initiatives for the Space Coast, including the
Interim clinic, outpatient clinic, and
contracting with local hospitals
WHEN: Monday, June 30 at 5:00 pm
WHERE: Palm Bay Community Hospital
1425 Malabar Rd.
Enter the west entrance and go to the lobby of the
Professional ice Building (adjacent to hospital)
06/26/97 19:18 TX/RX N0.0575 P.002
D 1/1
0
incanb
Rep. Dave Weldon gg 407-639-8595 RE 6/26/97 (D 7:01 PM 1/1
� s
News From
DAVE WELDON
Florida's 15th District --Serving Brevard, Indian River, Osceola, and Polk Counties
FOR IMMEDIATE RELEASE CONTACT: Brian Chase (202) 225-3671
June 26, 1997 Valerie Davis (407) 752-4333
MEDIA ADVISORY
"Change in Media Availability for June 30 Veterans Town Hall**
Melbourne, FL - - The location for the media availability for the June 30 veterans town
hall meeting has changed. The press will have an opportunity to talk with U.S. Representative
Dave Weldon (R -Palm Bay) and Dr. Robert Roswell, VA Network Director for Florida and Puerto
Rico, at 5:00 pm on Monday, June 30, prior to the veterans town hall meeting later that evening.
The new location for this media opportunity is the Palm Bay Community
Hospital, which will be the site of the VA interim clinic.
For additional questions or requests, contact Brian Chase with Rep. Weldon's office or
Valerie Davis -Holloway with Health First at the numbers listed above. Health First invites the
media to tour the facilities of the hospital following the press conference.
WHO: • U.S. Representative Dave Weldon
• Dr. Bob Roswell (VA Network Director for
Florida and Puerto Rico)
• Mr. Michael Means (President/CFO, Health
First)
WHAT: Discussion of new veterans health care
initiatives for the Space Coast, including the
interim clinic, outpatient clinic, and
contracting with local hospitals
WHEN: Monday, June 30 at 5:00 pm
WHERE: Palm Bay Community Hospital
1425 Malabar Rd.
Enter the west entrance and go to the lobby of the
Professional Office Building (adjacent to hospital)
06/26/97 19:18 TX/RX N0.0575 P.002 E
incanb
Rep. Dave Weldon gg 407-639-8595 RE 6/26/97 (D 7:01 PM 1/1
� s
News From
DAVE WELDON
Florida's 15th District --Serving Brevard, Indian River, Osceola, and Polk Counties
FOR IMMEDIATE RELEASE CONTACT: Brian Chase (202) 225-3671
June 26, 1997 Valerie Davis (407) 752-4333
MEDIA ADVISORY
"Change in Media Availability for June 30 Veterans Town Hall**
Melbourne, FL - - The location for the media availability for the June 30 veterans town
hall meeting has changed. The press will have an opportunity to talk with U.S. Representative
Dave Weldon (R -Palm Bay) and Dr. Robert Roswell, VA Network Director for Florida and Puerto
Rico, at 5:00 pm on Monday, June 30, prior to the veterans town hall meeting later that evening.
The new location for this media opportunity is the Palm Bay Community
Hospital, which will be the site of the VA interim clinic.
For additional questions or requests, contact Brian Chase with Rep. Weldon's office or
Valerie Davis -Holloway with Health First at the numbers listed above. Health First invites the
media to tour the facilities of the hospital following the press conference.
WHO: • U.S. Representative Dave Weldon
• Dr. Bob Roswell (VA Network Director for
Florida and Puerto Rico)
• Mr. Michael Means (President/CFO, Health
First)
WHAT: Discussion of new veterans health care
initiatives for the Space Coast, including the
interim clinic, outpatient clinic, and
contracting with local hospitals
WHEN: Monday, June 30 at 5:00 pm
WHERE: Palm Bay Community Hospital
1425 Malabar Rd.
Enter the west entrance and go to the lobby of the
Professional Office Building (adjacent to hospital)
06/26/97 19:18 TX/RX N0.0575 P.002 E
Rep. Dave Weldon 407-639-8595 Ro 6/26/97 (D 7:01 PM
g s
News From
s� y DAVE WELDON
Florida's 15th District --Serving Brevard, Indian River, Osceola, and Polk Counties
FOR IMMEDIATE RELEASE CONTACT: Brian Chase (202) 225-3671
June 26, 1997 Valerie Davis (407) 752-4333
MEDIA ADVISORY
**Change in Media Availability for June 30 Veterans Town Hall**
Melbourne, FL - - The location for the media availability for the June 30 veterans town
hall meeting has changed. The press will have an opportunity to talk with U.S. Representative
Dave Weldon (R -Palm Bay) and Dr. Robert Roswell, VA Network Director for Florida and Puerto
Rico, at 5:00 pm on Monday, June 30, prior to the veterans town hall meeting later that evening.
The new location for this media opportunity is the Palm Bay Community
Hospital, which will be the site of the VA interim clinic.
For additional questions or requests, contact Brian Chase with Rep. Weldon's office or
Valerie Davis -Holloway with Health First at the numbers listed above. Health First invites the
media to tour the facilities of the hospital following the press conference.
WHO: • U.S. Representative Dave Weldon
• Dr. Bob Roswell (VA Network Director for
Florida and Puerto Rico)
• Mr. Michael Means (President/CEO, Health
First)
WHAT: Discussion of new veterans health care
initiatives for the Space Coast, including the
interim clinic, outpatient clinic, and
contracting with local hospitals
WHEN: Monday, June 30 at 5:00 pm
WHERE: Palm Bay Community Hospital
1425 Malabar Rd.
Enter the west entrance and go to the lobby of the
Professional ice Building (adjacent to hospital)
06/26/97 19:18 TX/RX N0.0575 P.002 N
Rep. Dave Weldon 407-639-8595 Ro 6/26/97 (D 7:01 PM
g s
News From
s� y DAVE WELDON
Florida's 15th District --Serving Brevard, Indian River, Osceola, and Polk Counties
FOR IMMEDIATE RELEASE CONTACT: Brian Chase (202) 225-3671
June 26, 1997 Valerie Davis (407) 752-4333
MEDIA ADVISORY
**Change in Media Availability for June 30 Veterans Town Hall**
Melbourne, FL - - The location for the media availability for the June 30 veterans town
hall meeting has changed. The press will have an opportunity to talk with U.S. Representative
Dave Weldon (R -Palm Bay) and Dr. Robert Roswell, VA Network Director for Florida and Puerto
Rico, at 5:00 pm on Monday, June 30, prior to the veterans town hall meeting later that evening.
The new location for this media opportunity is the Palm Bay Community
Hospital, which will be the site of the VA interim clinic.
For additional questions or requests, contact Brian Chase with Rep. Weldon's office or
Valerie Davis -Holloway with Health First at the numbers listed above. Health First invites the
media to tour the facilities of the hospital following the press conference.
WHO: • U.S. Representative Dave Weldon
• Dr. Bob Roswell (VA Network Director for
Florida and Puerto Rico)
• Mr. Michael Means (President/CEO, Health
First)
WHAT: Discussion of new veterans health care
initiatives for the Space Coast, including the
interim clinic, outpatient clinic, and
contracting with local hospitals
WHEN: Monday, June 30 at 5:00 pm
WHERE: Palm Bay Community Hospital
1425 Malabar Rd.
Enter the west entrance and go to the lobby of the
Professional ice Building (adjacent to hospital)
06/26/97 19:18 TX/RX N0.0575 P.002 N
FORM 813 MEMORANDUM OF VOTING CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME—FIRST NAME—MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE
MAILING ADDRESS
�� ��� / , /i,
THE BOARD, COUNCIL, COMMISSION, AUTHOROY OR comm=EE ON
WHICH I SERVE IS A UNIT OF:
3 -CITY O COUNTY D OTHER LOCAL AGENCY
CiTy COUNTY
-A 4
NAME OF POLITICAL SUBDIVISION:
DATE 0N WWCH VOTE OCCURRED
�1 ✓t. % r
/
MY POSITION IS: D" ELECTIVE D APPOINY7vE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board,
council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented
with a voting conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly
depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on
this form before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure
which inures to his or her special private gain. Each elected or appointed local officer also is prohibited from knowingly voting on a
measure which inures to the special gain of a principal (other than a government agency) by whom he or she is retained (including
the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain of a relative;
or to the special private gain of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in
that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, father-in-law, mother-
in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corpo-
ration are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on
which you are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording
the minutes of the meeting, who should incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However,
you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and
whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WILL BE TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for
recording the minutes of the meeting, who will incorporate the form in the minutes.
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
rrr CEND1A e0 MC%l IJnA PAGE t
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the
minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the
other members of the agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
_� (I K,
f Ti hereby disclose that on 191:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain;
inured to the special gain of my business associate,
inured to the special gain of my relative,
inured to the special gain of by
whom I am retained; or
inured to the special gain of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed
Signatu
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8B - REV. 1/94 PAGE 2
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the
minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the
other members of the agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
_� (I K,
f Ti hereby disclose that on 191:
(a) A measure came or will come before my agency which (check one)
inured to my special private gain;
inured to the special gain of my business associate,
inured to the special gain of my relative,
inured to the special gain of by
whom I am retained; or
inured to the special gain of which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
Date Filed
Signatu
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1991), A FAILURE TO MAKE ANY REQUIRED
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8B - REV. 1/94 PAGE 2