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City of Cape Canaveral
averal
CITY OF
CAPE C►MAVERAL
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 3, 2003
7:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA:
I. City Council Regular Meeting Minutes of May 20, 2003.
2. Resolution No. 2003-19: Appointing A Regular Member and One Alternate
Member to the Recreation Department. (B. Specht, Regular Member and G.
Petre, 1 st Alternate Member)
3. Resolution No. 2003-20; Re-Appointing Members to the Business and
Cultural Development Board. (J. Coates, E. Foy, C. Smith and Wm.
Young)
4. Proclamation for National Small Cities and Towns Day.
CONSIDERATIONS:
5. Development Agreement with Solana Lake, Inc.
ORDINANCES: Second Public Hearing:
6. Motion to Adopt: Ordinance No. 14-2003; Amending Section 42-26 of the
City Code Relating to Duties of Chief of Police.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral,FL 32920-0326
Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.state.fl.us/cape
e-mail: ccapecanaveral@cfl.rr.com
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City of Cape Canaveral, Florida
Council Regular Meeting
June 3, 2003
Page 2
7. Motion to Adopt: Ordinance No. 15-2003; Amending Chapter 38 of the City
Code Relating to Fire Protection Services.
8. Motion to Adopt: Ordinance No. 16-2003; Amending Chapter 18 of the City
Code; Providing for Civil Emergency Powers and Measures; Providing for
the Duration and Termination of a Declared State of Emergency.
DISCUSSION:
9. Reuse System.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to 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.
ADJOURNMENT:
Pursuant to Section 286.0105, 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.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 20, 2003
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Mayor Rocky Randels
Mayor Pro Tem Buzz Petsos
Council Member Bob Hoog
Council Member Jim Morgan
Council Member Richard Treverton
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
Building Official Todd Morley
Public Works Director Ed Gardulski
Assistant Fire Chief John Cunningham, CCVFD
PRESENTATIONS:
Governor's Municipal Mentoring Program
Mayor Pro Tem Petsos presented Apple Volunteer certificates to those who participated in
the Governor's Municipal Mentoring Program during the 2002/ 2003 school year. Mayor
Pro Tem Petsos announced the Summer Reading Program and encouraged the audience
to participate in mentoring at Cape View Elementary School.
Summer Teen Program
Deputy Jacqueline Hearon introduced herself to the Council and proceeded to introduce a
new program for teens. The program originated from City Manager Bennett Boucher, as
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 2
part of our Community Policing program. Deputy Hearon related that 20 children between
the ages of 14 and 17 have showed an interest in the program. Points are awarded for
attending and incentives would be used to encourage further participation. Deputy Hearon
outlined some of the activities and fundraising events. Mayor Randels summarized that the
Sheriffs Office is requesting a $2,500 sponsorship for the program. Mayor Pro Tem
Petsos commented on the program and found it a win-win opportunity for the teens and
the City. He expressed that the Kiwanis Club has chosen to continue the program on a
year-round basis.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to
Approve a $2,500 Sponsorship for the Teens of Canaveral Summer Camp in the City
of Cape Canaveral. The motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr.
Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton,
For.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of May 6, 2003.
2. Resolution No. 2003-17: Appointing A Regular Member and Two Alternate
Members to the Library Board. (Jean Deck, Regular Member; Harry Pearson,
15t Alternate Member; and Mary Ernst, 2nd Alternate Member)
3. Resolution No. 2003-18; Appointing An Alternate Member to the Recreation
Board. (Gene Petre)
4. Outdoor Entertainment Permit, VFW Post 10131.
Mayor Randels asked if any Council member, staff or interested party desired to remove
an item from the Consent Agenda for discussion.
No request was made to remove an item for discussion.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to
Approve Items 1 through 4 on the Consent Agenda. The vote on the motion carried
5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos,
For; Mayor Randels, For and Mr. Treverton, For.
CONSIDERATIONS:
5. Motion to Approve: Request for Proposal No. 03-02; Concrete Construction
Services.
Mayor Randels outlined the scope of the bid and reported J & S Curb and Concrete as the
low bidder for the unit price work. Mr. Gardulski replied to Mr. Treverton's concern about
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 3
the few number of bids, that increased local construction might have been a reason that
only two bids were submitted.
A motion was made by Mr. Treverton and seconded by Mr. Morgan to Award
Request for Proposal No. 03-02; Concrete Construction Services to J & S Curb and
Concrete. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For;
Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton,
For.
6. Motion to Approve: Change Order to Vila & Son for Beach End Irrigation.
Mayor Randels explained that this item was funded from the Beautification budget through
private funds from Mr. William Bennix. Mr. Treverton asked if the company was qualified to
perform the type of work required. Mr. Gardulski affirmed that the company had past
experience at installing two-inch lines. Mayor Pro Tem Petsos expressed concern with the
company performing directional boring and he also asked if this would allow adjacent
properties to access service. Mayor Randels summarized that the City should research
who has paid to date in the area up to this point and allow them access to service.
Mr. Hans Saurenmann expressed his opposition to any beautification on the dunes. He
stated that once changes begin the City would continue to make changes in the proposed
area. Ms. Mary MacKenzie asked why the City does not use the potable water truck to
irrigate the dunes. Mr. Gardulski replied that a low-lying irrigation and not a sprinkler
system would be used. Mr. Morgan clarified that the intention is not to irrigate the dunes
but the adjacent trees within the 10-foot area. Mr. Saurenmann asked if a provision of 10-
feet could be included in the motion. Mayor Pro Tem Petsos stated that he would not
agree with the 10-foot provision due to the possibility of additional landscaping. Mr.
Nicholas stated that the Florida Department of Environmental Protection does not permit
irrigation on the dunes. The included beach-ends in the project are Washington Avenue to
Johnson Avenue along Ridgewood Avenue.
A motion was made by Mr. Hoog and seconded by Mr. Morgan to Approve a Change
Order to Vila & Son for Beach End Irrigation. The vote on the motion carried 5-0
with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos,
For; Mayor Randels, For and Mr. Treverton, For.
ORDINANCES: Second Public Hearing:_
7. Motion to Adopt: Ordinance No. 13-2003; Providing for the Permitting and
Regulation of Alarm Systems.
Mayor Randels read Ordinance No. 13-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING
TO THE PERMITTING AND REGULATION OF ALARM SYSTEMS; PROVIDING
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 4
FOR FINDINGS OF FACT CONCERNING FALSE ALARMS AND THEIR
DETRIMENTAL EFFECT; PROVIDING FOR PURPOSE AND INTENT;
PROVIDING DEFINITIONS; PROVIDING A SCHEDULE OF FEES; PROVIDING
FOR A PENALTY FOR VIOLATIONS; PROVIDING FOR THE REPEAL OF PRIOR
CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
There was no public comment.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to
Adopt Ordinance No. 13-2003. The vote on the motion carried 5-0 with voting as
follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For and Mr. Treverton, For.
ORDINANCES: First Public Hearing:
8. Motion to Approve: Ordinance No. 14-2003; Amending Section 42-26 of the
Code Relating to the Duties of the Chief of Police, for second reading.
Mayor Randels read Ordinance No. 14-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING
SECTION 42-26 OF THE CAPE CANAVERAL CODE RELATING TO DUTIES OF
CHIEF OF POLICE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY AND EFFECTIVE DATE.
There was no public comment.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to
Approve Ordinance No. 14-2003. The vote on the motion carried 5-0 with voting as
follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For and Mr. Treverton, For.
9. Motion to Approve: Ordinance No. 15-2003; Amending Chapter 38 of the
Code Relating to Fire Protection Services, for second reading.
Mayor Randels read Ordinance No. 15-2003 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES,
RELATING TO FIRE PROTECTION SERVICES; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 5
Mayor Randels stated that this ordinance clarifies language relating to the Cape Canaveral
Volunteer Fire Department. Mr. Gene Petre asked if this would preclude the City having
its own Fire Department. Attorney Garganese stated that a referendum from the electorate
would be needed to change the contract. Mr. Hans Saurenmann of 349 Coral Drive asked
if the Fire Department is a profit or not-for-profit organization and he also asked to know its
officers and owners. He stated that citizens have no input regarding the Fire Department
administration. Assistant Fire Chief John Cunningham replied that the Fire Department is a
501(c)(3) Corporation and the documents are open for review at 190 Jackson Avenue,
Cape Canaveral. Mr. Saurenmann requested to have the Articles of Incorporation within
City Hall. Attorney Garganese stated that Mr. Saurenmann could make a public records
request from the City Clerk.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to
Approve Ordinance No. 15-2003. The vote on the motion carried 5-0 with voting as
follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For and Mr. Treverton, For.
10. Motion to Approve: Ordinance No. 16-2003; Amending Chapter 18 of the
Code; Providing For Civil Emergency Powers And Measures, for second
reading.
Mayor Randels read Ordinance No. 16-2003 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 18
OF THE CODE OF ORDINANCES; PROVIDING FOR CIVIL EMERGENCY POWERS AND
MEASURE; PROVIDING FOR THE DURATION AND TERMINATION OF A DELCARED STATE
OF EMERGENCY; PROVIDING FOR THE PROHIBITION AGAINST UNCONSCIONABLE
PRICES DURING A DECLARED EMERGENCY; PROVIDING FOR VIOLATIONS AND
PENALTIES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCE AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Randels explained that the ordinance would make a provision for the City Council
to declare a civil emergency by resolution as a collective body.
There was no public comment.
A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve
Ordinance No. 16-2003. The vote on the motion carried 5-0 with voting as follows:
Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For
and Mr. Treverton, For.
Mr. Hans Saurenmann noted that the Audience To Be Heard portion was not included on
the agenda and requested a segment for Public Comment.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 6
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
include Public Comment to the Agenda. The vote on the motion carried 5-0 with
voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For and Mr. Treverton, For.
AUDIENCE TO BE HEARD:
Ms. Mary MacKenzie a member of the Space Coast Feline Network stated that the
Humane Society contacted her to request that the feral cats in the beach end of Polk
Avenue be removed. She related that successes of the Trapping, Neutering and
Releasing [TNR] Program and she expressed that there is no place to re-locate the feral
cats.
Mr. Frank Kizis expressed that the Florida Fish and Game and Wildlife Commission is
proposing an aggressive program to spay and neuter feral cats. He stated that the Cruise
Line Industry causes comparatively more pollution on the beaches in opposition to feral
cats. He stated that it is human beings and not the cats that are creating problems.
Mayor Randels summarized that the person responsible for the cat colony provides food,
vaccinations and medical care. Ms. MacKenzie related that a rabies shot is good for three
years. Ms. Stephanie Kramer expressed that her colony has decreased with time however
it does take time for the colonization program to become effective. Ms. Lois Palmer related
her success as a cat colony provider. Ms. Lisa Villacossi expressed that she receives
support from residents and tourists on her cat colony.
Mr. John Jordan of 212 Fillmore Avenue and also on behalf of Dr. Christine Storts of the
Atlantic Animal Clinic spoke contrary to the feral cat colony. He stated that there are over
60,000 feral cats that cause a health threat to humans and other native animals. Mr.
Jordan stated that people are taking care of feral cats in Cape Canaveral however they
reside in other areas. He stated how the problem has grown exponentially over the years.
Mr. Jordan related that Dr. Storts is seeking the Council's support in removing feral cats
from the area. He concluded that there are many possible solutions such as trapping and
neutering but not releasing them back into the wild.
Ms. Laura Churchill of Cocoa expressed her support of the TNR program and provided
details of her experience as a colony provider. She summarized that responsible neutering
is the issue.
Mrs. Kizis of 380 Habor Drive stated that Mr. Jordan's comment regarding "killing all feral
cats beginning with Cape Canaveral" is on record with the County Commission Meeting.
She stated that she is involved with Space Coast Cats and related that people who are
involved with the feral cat program use their own funds to support this effort.
Ms. Helen Filkins expressed that she maintains a cat colony and stated that she does this
due to a respect for life. She expressed to see County government intervene with a free or
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 7
low-cost mobile spay or neutering program. Ms. Filkins stated that she does not see a feral
cat problem in Cape Canaveral.
Mr. Saurenmann stated the points that without cats, rats abound and that the cats are
maintained on personal property.
Ms. Shannon Roberts related impartially how the enthusiasm of one cat lover became a
problem for other neighbors in the Solana Shores area.
Ms. Lucy Mall of Harbor Heights expressed the idea of a Safe Haven for cats relative to
that for abused children. She related that once an animal was received the local vet could
contact a colony owner for induction into their colony.
Mr. Hoog stated that he has observed many domestic cats that appear to create the basis
of the problem due to free-roaming cats that breed.
Ms. MacKenzie reported on Maddy's Fund used on the west coast to provide funding for a
spay/neutering program.
Mayor Randels read from the County ordinance pertaining to animals and concluded the
discussion on feral cats.
Mr. Petre asked if there were any plans for the City's 40th Anniversary. Mr. Boucher
related that this month marks the City's Incorporation however events will commemorate
the anniversary throughout the year.
REPORTS:
1. City Manager
• Mr. Boucher reported that Council should have received a Draft Development Agreement
with Solona Lakes outlining the provision to install 1,000 feet of middle tum lane on North
Atlantic Avenue. He is also working with Florida Power and Light within this agreement to
bury utility lines along that same footage.
• Mr. Boucher requested to schedule a standing Code Review meeting prior to the First
Tuesday Council meeting of every month at 5:00 P.M.
• Mr. Boucher will schedule a Goals and Objectives meeting in the near future. He reported
that Operations are in good condition and facilities should be the future focus. There is an
anticipated $540,000 in the County Surtax that could assist with additional facilities. Mr.
Hoog expressed disfavor with dovetailing on the County tax. He saw wastefulness in the
School Board's expenditures. Mr. Boucher replied that as a result of demographic profiling,
the Tax would not pass without including the School Board. Mr. Morgan expressed that
maintaining natural resources and buying land is preferential to increased spending on
facilities.
• Mr. Boucher reported that the west-side pedway bridge is near completion.
• Mr. Boucher reported that the prototype signs at the beach ends are available for review
at Lincoln and Pierce Avenues. The signs are user friendly toward beach visitors.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 8
• Mr. Boucher reported that Ms. McIntire was out of the office for the week due to death in
the family.
+ At a later time in the meeting, Mr. Boucher asked if there was a desire to bid out the
Engineering Services when the contract expires. Council agreed to bid the service.
2. Staff
Building Official
• Mr. Morley reported that the Traversa Development Agreement was executed and
forwarded for recording.
• Mr. Morley reported that the new Plans Examiner started work on Monday, May 19tH
City Clerk
• No report.
Cape Canaveral Volunteer Fire Department
• Chief John Cunningham reported on the new ambulance stationed out of Cocoa Beach.
City Attorney
+ Attorney Garganese reported on the beekeeping situation at a residence. He stated that
Mr. Milliken lost a previous litigation. He outlined the City's options as: 1) allow him to
continue, 2) initiate a Code Enforcement lien, however such a lien would not be collectible
as long as this is Mr. Milliken's residence, or 3) seek a Court injunction and if he refuses, he
would then be found in contempt of Court. Attorney Garganese replied to Mayor Pro Tem
Petsos that the goal is to have Mr. Milliken remove the beehive and a Court order would
compel removal. Mr. Hoog said that the City should forward a letter to Sue Bee Honey in
that Mr. Milliken is in violation of a City ordinance conducting his business. City Council
directed the City Attorney to seek a Court injunction.
Attorney Garganese reported that he would continue to generate new ordinances along
with the Code review process.
3. City Council
Mr. Morgan
• Mr. Morgan inquired about the Stormwater Park. Mr. Boucher replied that John Pekar is
working on the concept. City Council would like to review the concept before a Town
meeting is held with the neighboring residents.
Mr. Morgan also inquired about engineering fees and asked if rebate fees were paid from
monies not used. Mr. Boucher replied that an accounting for billing can be determined, and
would be included in the Engineering Services bid specifications.
Mr. Hoog
• Mr. Hoog asked if the City planned to continue with reuse water especially due to some
residents who have paid for the service. Mr. Boucher replied that there is an overall plan
map of where to continue service for review during the Visioning Session. Council agreed
to place reuse as a discussion item at the next Council meeting.
Mr. Hoog related that he attended a Community Appearance Board meeting and he
found two of the Board member's comments opinionated toward an applicant. He stated
that the Boards serve the public. Mayor Pro Tem Petsos replied that a seminar with the City
Attorney might be required.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 9
Council members agreed by majority to continue until the close of reports.
Mr. Treverton
• No report.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos inquired about the Lifeguard Contract and asked if there were
indeed two Guard towers and a Rover. City Manager would establish the level of service
with County Public Safety.
• Mayor Pro Tem Petsos announced that Ms. Sharon Horton was promoted to Principal
of Cape View Elementary School. Ms. Joy Salamone accepted a position as Human
Resources Director with the School Board.
• Mayor Pro Tem Petsos asked if any other grants were sought for the property at
Central Blvd. and North Atlantic Avenue. Mr. Boucher related the feasibility of using a
grant for a stormwater park at this site.
• Mayor Pro Tem Petsos inquired about the potential loss of beach parking at the north
beach end on Monroe Avenue. Mr. Boucher related that a developer desires to use this
area for a 7-unit condominium. Attorney Garganese stated under Florida law the property
owner does not have the right to the most convenient access to the property but if the City
substantially diminishes access it would create an inverse condemnation situation. Chief
Cunningham informed about existing access problems for the emergency responders.
Discussion continued on the use of the adjacent alley area for access.
• Mayor Pro Tem Petsos asked about exploring the possibility of tax breaks on property to
entice a grocery store in the City. Mr. Hoog reported that a Publix supermarket is proposed
for the former Pantry Pride location. Mr. Boucher would pursue with commercial
developers. Attorney Garganese stated that in order to give ad valorem tax breaks the City
must address the voters for approval and businesses must meet a list of requirements
before they can apply. The City could create economic incentive funds to provide incentives
other then ad valorem tax breaks.
• Mayor Pro Tem Petsos asked if there were any interest in a company that recoups sales
tax. Mayor Randels replied that Florida Statutes Chapter 212 does not allow them to
recoup these taxes since vendor pricing covers all costs.
• Mayor Pro Tem Petsos requested to ask the Sheriff for a distinctive polo shirt for the
Canaveral precinct. City Manager will forward a request to the Sheriff.
Mayor Randels
• Mayor Randels reported that the Friends of the Library raised over$2,000 in the book
sale for various needed items such as: a 32-inch television, a video cassette recorder and a
DVD player.
• Mayor Randels reported that he attended a seminar sponsored by Brown,Ward,
Salzman,Weiss and Garganese on Understanding the Legal Issues that Affect Local
Government Decision Making.
• Mayor Randels reported on this year's Night Out with the Sheriff's Department on
August 5th and requested that the Council reschedule their meeting that night in order to
attend.
City of Cape Canaveral, Florida
City Council Regular Meeting
May 20, 2003
Page 10
• Mayor Randels reported on lack of library funding in Seattle, Minneapolis and other cities
around the country.
• Mayor Randels announced his reappointment to the Environmentally Endangered
Lands committee.
• Mayor Randels reported that Marianne Huston of Public Works secured a grant in
Community Emergency Response Team Training and she would ask for Council's
participation.
• Mayor Randels inquired about the exact easement for the turn-lane on North Atlantic
Avenue. Mr. Boucher replied that the County could provide a survey.
• Mayor Randels announced that Governor Jeb Bush would visit Cherie Down Park on
June 17t". Cherie Down Park was recognized as a Blue Wave Beach in the tourism
industry.
• Mayor Randels reported that he received the latest update on the high-speed rail system
and made it available for Council's review.
• Mayor Randels reported that he participated in a commercial to promote the Space Coast
Area Transit called 'Wherever Life Takes You."
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:45 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
Meeting Type: Regular "
Meeting Date 06-03-03 ' r
AGENDA
zs._;s •tea ,. ,r �•` Heading Consent
CRY OF
cAPE cu MMM Item 2
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2003-19 APPOINTING A REGULAR MEMBER AND
ALTERNATE MEMBER TO THE RECREATION BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
3
City Council consider the adoption of Resolution No. 2003-19, appointing Bill Specht as a regular member and
Gene Petre as a first alternate member of the Recreation Board.
Summary Explanation& Background:
Their terns will expire on 10/1105.
I recommend approval.
Exhibits Attached:
Resolution No. 2003-19
City Maer's Office n Department LEGISLATIVE
doc dmin\counci meeting\2003\05-03-03\2003-14.doc
RESOLUTION NO. 2003-19
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER AND ONE
ALTERNATE MEMBER TO THE RECREATION BOARD OF THE CITY OF
CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section
54-26, established the Recreation Board of the City of Cape Canaveral; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint One Regular Member and One Alternate Member to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral,
Florida, as follows.-
SECTION
ollows:SECTION 1. Billy Specht is hereby appointed as a Regular Member of the Recreation
Board of the City of Cape Canaveral, Florida with a term to expire on October 1. 2005.
SECTION 2. Gene Petre is hereby appointed as a First Alternate Member of the
Recreation Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2005,
SECTIQN 4. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3rd
day of June, 2003.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoag
Susan Stilts, CITY CLERK Jim Morgan
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Richard Treverton
Anthony Garganese, CITY ATTORNEY
11Cap"lcitycierklCityClklResoluUw*1I30ARD51AppointmentslRecreation Regular-Akemate.ax
105 Polk Avenue,Cape Canaveral,FL 32920
P.U.Box 326
3214868-122011221
321-868-1248
Memo
T« The Honorable Mayor and Members of City Council
nm, Susan Stills, City Clerk
cc: Bennett Boucher, City Manager
Dow May 28, 2003
Rye Recreation Board Member Appointments
William Schmidt resigned from the Recreation Board in March cf this year that left a
Regular member vacancy on the Board. At the last City Council meeting Gene Petrie
was appointed as an Alternate member.
This resolution appoints these members as the Board requested in Ms. Hanson's
recommendation memo for Mr. Petre.
1
5 E ids
Meeting Type: itegular '
Meeting Date 06-03-03 rf
�r AGENDA
Heading Consent
CITY OF
CAPE CANAVERAL item 3
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RESOLUTION NO. 2003-20 REAPPOINTING REGULAR MEMBERS TO
THE BUSINESS&CULTURAL DEVELOPMENT BOARD
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2003-20, reappointing Jacqueline Coates, Elizabeth Foy,
Craig Smith and William Young as regular members of the Business&Cultural Development Board.
Summary Explanation & Background:
Their teras will expire on 06101105.
I reconunend approval.
Exhibits Attached:
Resolution No. 2003-20
City M is Office,,.. -� Department LEGISLATIVE
ca kiln ydoc s admin\council\meeting\2003\06-03-03\2003-20.doc
RESOLUTION NO. 2003-20
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE BUSINESS AND
CULTURAL DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City
Code Section 22-27 created a Board known as the Business and Cultural Development
Board; and
WHEREAS, it in now incumbent upon the City Council of the City of Cape
Canaveral to re-appoint (4) regular members to said Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. Jacqueline Qoates is hereby re-appointed as a regular member of
the Business and Cultural Development Board of the City of Cape Canaveral, Florida,
with terms to expire on ,lune 1. 2005.
SECTION 2. Elizabeth Foy is hereby re-appointed as a regular member of the
Business and Cultural Development Board of the City of Cape Canaveral, Florida, with
terms to expire on June 1 2005,
SECTION 3. Craig Smith is hereby re-appointed as a regular member of the
Business and Cultural Development Board of the City of Cape Canaveral, Florida, with
terms to expire on June 1, 2005:
SECTION 4. William Young is hereby re-appointed as a regular member of the
Business and Cultural Development Board of the City of Cape Canaveral, Florida, with
terms to expire on June 1, 2005,
ItCape-nticityclerk\CityClk\Resolutions\BOARDS\ReappointmentslBusiness&Cultural Developrnent.doc
City of Cape Canaveral, Florida
Resolution No. 2003-20
Page 2
SECTION S. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 3d
day of June, 2003,
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoag
Susan Stills, CITY CLERK Jim Morgan
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Richard Treverton
Anthony Garganese, CITY ATTORNEY
11Cape-nticityclerk\CityClk\Resolutions\BOARDS\Reappointments\Business&Cultural Development.doc
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City of Cape Canaveral
CAPE CANAVERAL
May 12, 2003
Jacqueline Coates
5805 N. Banana River Blvd. #1145
Cape Canaveral, FL 32920
Dear Ms. Coates:
Your term on the Business and Cultural Development Board expires on June 1,
2003. Please check the box that indicates your desire to continue to serve on the Board
for another two-year term and return this notice to your Board secretary or the City Clerk.
The resolution to re-appoint Board members is scheduled to appear on the City Council
Agenda of Tuesday, June 3, 2003.
Thank ou.
I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
'a--�- (Signature)
B sin s & Cultural Development Board
Sincerely,
Susan Stills, CMC
CITY CLERK
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 FAX(32I) 799-3170 • www.fcn.state.fl.uslcape
e-mail: ccapecanaveralOcfl.rr.com
4XCE q�O
City of Cape Canaveral
CITY Of
CAPE CANAVERAL
May 12, 2003
Elizabeth Foy
125 W. Leon Lane
Cape Canaveral, FL 32920
Dear Ms. Foy:
Your term on the Business and Cultural Development Board expires on June 1,
2003, Please check the box that indicates your desire to continue to serve on the Board
for another two-year term and return this notice to your Board secretary or the City Clerk.
The resolution to re-appoint Board members is scheduled to appear on the City Council
Agenda of Tuesday, June 3, 2003.
Thank you.
I& I DO wish to be considered for reappointment.
❑ I DO NOT wish to be considered for reappointment.
(Signature)
Business & Cultural Dev opment Board
Sincerely,
Susan Stills, CMC
CITY CLERK
105 Polk Avenue A Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • FAX(32 1) 799-3170 • www.fcn.srare.fl.us/cape
e-mail: ccapecanaveral@cfl.rr.com
QpCE q��
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r
City of Cape Canaveral
Co"OF
LAVE CANAVERAL
May 12, 2003
William Young
405 Holman Road
Cape Canaveral, FL 32920
Dear Mr. Young:
Your tern on the Business and Cultural Development Board expires on June 1,
2003. Please check the box that indicates your desire to continue to serve on the Board
for another two-year term and return this notice to your Board secretary or the City Clerk.
The resolution to re-appoint Board members is scheduled to appear on the City Council
Agenda of Tuesday, June 3, 2003.
Thank you.
B I DO wish to be considered for reappointment.
1 DO NOT wish t e considered for reappointment.
c (Signature)
usiness & Cult al Deve pment Board
Sincerely,
Susan Stills, CMC
CITY CLERK
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 FAX(321) 799-3170 • www.fcn.state.#I.us/cape
e-mail: ccapecanaveral@cfl.rr.com
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y� City of Cape Canaveral
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CAPE CANAVERAL
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May 12, 2003 14'6W A�5 To a�
Craig Smith
602 Shorewood Dr., A204
Cape Canaveral, FL 32920
Dear Mr. Smith:
Your term on the Business and Cultural Development Board expires on June 1,
2003. Please check the box that indicates your desire to continue to serve on the Board
for another two-year term and return this notice to your Board secretary or the City Clerk.
The resolution to re-appoint Board members is scheduled to appear on the City Council
Agenda of Tuesday, June 3, 2003.
Thank you.
❑ 1 DO wish to be considered for reappointment.
❑ l DO NOT wish to be considered for reappointment.
(Signature)
Business & Cultural Development Board
Sincerely,
Susan Stills, CMC
CITY CLERK
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • FAX (321) 799-3170 • wtivw.fcn.state.fl.us/cape
e-mail: ccapecanaveral@cfi.rr.com
WHEREAS, small cities and towns under 50,000 population constitute the vast majority of
municipalities across the United States; and
WHEREAS, small cities and towns provide opportunities which allow millions of people across
America to lead better lives; and
WHEREAS, small cities and towns invest in their communities through the provision of services
and programs which improve the quality of life for all citizens; and
WHEREAS, the federal government is a partner in investing in small cities and towns, and must
be encouraged to continue to support programs and legislation to strengthen communities; and
WHEREAS, state governments are partners in investing in small cities and towns, and must also
be encouraged to continue to support programs and legislation to strengthen communities; and
WHEREAS, organizations, businesses, and citizens are partners in investing in small cities and
towns, and must be encouraged to continue to support efforts that make their communities better places
in which to live; and
WHEREAS,during these challenging economic times, the need for a renewed intergovernmental
partnership to support essential public services is more important than ever, and
WHEREAS, the Board of Directors and the Small Cities Council of the National League of Cities
have declared.lune 20, 2003 as National Small Cities and Towns Day; and
WHEREAS, the Small Cities Council of the National League of Cities has challenged all cities,
towns, and villages across America to proclaim June 20, 2003 as National Small Cities and Towns Day;
and to conduct activities- such as news conferences, public service announcements, and events in local
schools and community centers - on that day which highlight the different ways in which the 'federal
government, state governments, organizations, businesses, and citizens partner with small cities and
towns to invest in their communities and better the lives of all citizens.
NOW THEREFORE, the Council of the City of Cape Canaveral does hereby proclaim Friday,
June 20, 2003 as
NA77ONAL SMALL CITIES AND TOWNS DAY
And encourages President Bush, Congress, state governments, organizations, businesses, and all
citizens to recognize this event, and to work together on this day and throughout the year to invest in
small cities and towns to better the lives of all citizens.
TO: Florida Cities
FROM: The Florida League of Cities
DATE: May 6, 2003
RE: National Small Cities and Towns Day
On behalf of the National League of Cities and, in particular, the NLC Small Cities
Council (SCC), we invite you to participate in a national event to recognize the
importance of America's small cities and towns.
NLC has declared June 20, 2003, as National Small Cities and Towns Day. It is our
hope that small cities and towns across the country will schedule an event on this day to
call attention to their efforts to build partnerships with the federal government and
demonstrate how federal investment has made a difference to its citizens and the
community as a whole. This attached material provides you with a few simple tools to
help you visibly demonstrate the important role America's small cities and towns play in
the lives of so many residents. We encourage you to consider adopting a city resolution,
convene a press conference, or provide a tour to showcase a particular program or service
that demonstrates how federal investment works in your community.
Join us in this important nationwide effort to recognize the value of investing in
America's small cities and towns.
National League of Cities
National Small Cities and Towns Day
June 20, 2003
COUNT US INt
Yes. My community will participate in National Small
Cities and Towns Day
We plan to:
Issue a Proclamation
Issue a Press Release
Hold a Press Conference at noon EST on June 20
Other(please describe)
Here is an example of a successful federal-local partnership in our community:
Please return the completed form no later than June 4, 2002, to Cy Behroozi at
fax: 202-626-3043 or behroozipnlc.org.
Thank youfor your artici ation in National Small Cities and Towns Da
(SAMPLE)
Proclamation
National Small Cities and Towns Day
Friday .lune 20, 2003
Whereas small cities and towns under 50,000 population constitute the vast majority of
municipalities across the United States;and
Whereas small cities and towns provide opportunities which allow millions of people
across America to lead better lives;and
Whereas small cities and towns invest in their communities through the provision of
services and programs which improve the quality of life for all citizens;and
Whereas the federal government is a partner in investing in small cities and towns, and
must be encouraged to continue to support programs and legislation to strengthen
communities;and
Whereas state governments are partners in investing in small cities and towns, and must
also be encouraged to continue to support programs and legislation to strengthen
communities; and
Whereas organizations, businesses, and citizens are partners in investing in small cities
and towns, and must be encouraged to continue to support efforts that make their
communities better places in which to live;and
Whereas during these challenging economic times, the need for a renewed
intergovernmental partnership to support essential public services is more important than
ever;and
Whereas the Board of Directors and the Small Cities Council of the National League of
Cities have declared June 20,2003,as National Small Cities and Towns Day;and
Whereas the Small Cities Council of the National League of Cities has challenged all
cities, towns, and villages across America to proclaim June 70, 2003, as National Small
Cities and Towns Day, and to conduct activities - such as news conferences, public
service announcements, and events in local schools and community centers- on that day
which highlight the different ways in which the federal government, state governments,
organizations, businesses, and citizens partner with small cities and towns to invest in
their communities and better the lives of all citizens;
Now therefore,the Council of does hereby proclaim
Friday, June 20, 2003, as National Small Cities and Towns Day, and encourages
President Bush, Congress, state governments, organizations, businesses, and all citizens
to recognize this event,and to work together on this day and throughout the year to invest
in small cities and towns to better the lives of all citizens.
[Mayor's Signature]
The National League of Cities is the oldest and largest national organization for
American cities. NLC serves as a resource and advocate for 18,000 cities, towns and
villages of all sizes, from New York City to Bee Cave, Texas, which collectively serve
225 million people. Visit www.nlc.org.
For more news and information about NLC and local government,visit our Internet Website-
htta:llwww.nic.ora
E
Meeting Type: Regular
Meeting Date 06-03-03
AGENDA
r
Heading Considerations
MY GF
CAPE CANAVERAL Item 5
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: DEVELOPMENT AGREEMENT WITH SOLANA LAKE,INC.
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
City Council consider approval of the development agreement with Solana Lake,Inc.
Summary Explanation& Background:
The general requirements and conditions of this agreement require Solaria Lake,Inc. to perform the following:
1. Construct roadway improvements on N.Atlantic Avenue as provided in Section 2.
2. Bonding of said roadway improvements in the amount of$30,000.
3. Payment of$30,000 for Manatee Park improvements.
4. Payment of$40,000 for N.Atlantic Avenue and Central Blvd. intersection improvements.
5. Plamit the outstanding DBH inches of trees consistent with the City code.
I am waiting for FPL to confirm their project to bury the power lines. I will let you know the status on Tuesday
evening.
Exhibits Attached:
Development Agreement
City Ma / s Office Department BUILDING DEPT/PUBLIC SAFETY
cam- im\myd ent n\council\meeting\2003\06-03-03\solanalake.doc
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement"), made this ___ day of
___________, 2003, is by and between Solana Lake, Inc. a Florida corporation with offices
located at 1600 North Atlantic Avenue, Suite 201, Cocoa Beach, Florida 32931 ("Solana"),
and the City of Cape Canaveral,a municipal corporation existing under the laws of the State of
Florida located at 105 Polk Avenue, Cape Canaveral, FL 32920 ("City").
RECITALS
WHEREAS, this Agreement is authorized pursuant to the Florida Municipal Home Rule
Powers Act; and
WHEREAS,Solana is in the process of constructing a 192 unit condominium project located
in Cape Canaveral and legally described on Exhibit "A" attached hereto and by reference
made a part hereof; and
WHEREAS, Solana, as a required part. of its site plan approved, must construct roadway
improvements on North Atlantic Avenue for vehicles turning east onto Shorewood Drive;and
WHEREAS, the City and Solana both desire to delay the North Atlantic Avenue roadway
improvements in order to accommodate potential development on private lands located west
of the roadway improvements mid to accommodate Florida Power and light's("FPL") desire
to bury bower lines on the West.side ol'North Atlantic Avenue; and
WHEREAS, Solana and the City desire to agree on the terms and conditions of the roadway
improvements as set forth in this Agreement.
NOW THEREFORE, in consideration of the terms and conditions set forth in this
Agreement, and other good and valuable consideration, the receipt of which is hereby
acknowledged by the parties, the City and Solana agree to the following:
1. Incorporation of Recitals.
The foregoing recitals arc true and correct and are hereby fully incorporated herein by
this reference as a niaterial part of this Agreement.
2. Solana General Requirements and Conditions.
In consideration of the mutual promises set forth in this Agreement, Solana agrees to
construct the roadway improvcment"s on Brevard County's right-of-way in conibrinity with the
attached engineered drawings of roadway improvements pursuant to Exhibit "B" attached
hereto ("Roadway Improveincnts").
Page 1 48
The Roadway Improvements to be constructed by Solana shall include the following:
a) An acceleration and deceleration l use on the cast side of the North Atlantic right of-
way adjacent to the Shorewood Drive entrance.
b) A passing lane on the west side of the North Atlantic right-of-way near the Shorewood
Drive entrance.
c) Sidewalk and landscaping
3. Timing of Roadway Improvements Completion.
As a condition of this Agreement, Solana will bond the Roadway Improvements
contemplated herein by presenting the City with Solana's contract to construct the Roadway
hnprovements as attached in Exhibit."C". The bond amount shall be the contract amount
pursuant to the attached contract. Mus ten (10%) percent or "Thirty "Thousand & No/100
Dollars (830,000.00). Solana shall be responsible to supervise construction of the Roadway
hnprovcmcnts. Commencement of the construction shill be within sixty (60) days of joint
written notice from the City and FPI.that the project shall proceed and FPL has begun their
engineering of the relocation of the lines underground. "The parties agree that once
Commenced the construction should progress pursuant to the schedule set forth in Exhibit"D"
attached hereto. The parties acknowledge that FPL shall design the burying of the power lines
on the West side of North Atlantic Avenue;thercfore, the attached schedule is subicct to the
scheduling efforts of FPL to accomplish the relocation of the lines.Solana shall use reasonable
clTorts to timely complete the Roadway Improvements.
4. Commitments.
Solana hereby agrees to pay the City upon the execution hereof the following:
a} The sura of thirty thousand dollars 030,000.00) to be used by the City for
improvements to Manatee Park at the City's discretion.
b) 'rite sum of forty thousand dollars ($40,000.00) to be used by the City for
improvements to the intersection of North Atlantic Avenue and Central
Boulevard.
5. Canaveral Tree Ordinance.
Solana hereby agrees to fully comply with the terms of Section 102.41, Code of'
Ordinances, City of Capc Canaveral by planting the remaining tree replacement inches upon
other property owned by Solana or mi affiliated entity of Solana located within the City's
boundaries pursuant to the aforementioned Code. Additionally, if Solana cicsires_to replace
trees on public property within the City, pursuant to the Code, then it shall be in locations
mutually agreed to by the parties hereto.
Page 2 of 9
6. Certificate of Occupancy.
,nic City agrees that it will not delay the issuance of the remaining Certificates of'
Occupancy for the Solana Lake project due to the delay in constructson of the road
improvement on North Atlantic Avenue or with the additional time requested to plant the
replacement trees on offsite properties located within the City.
7. Cooperation and Further Assurances.
Solana and the City shall cooperate fully rvit.h cacti other to effectuate tlse terms,
conditions and intentions of Ibis Agreement. Further, cacti party agrees to adjust, initial, re-
execute and rc-deliver any and all documents subject to this Agreement if deemed necessary or
desirable by one or the other of the parties.
8. Authority and Assigmic t
Each party hereby represents and warrants to the other that they have full power and
authority to enter into this Agreement. Solana also represents that it is duly authorized to bind
the Solana Property to the terms and conditions contained in this Agreement. Solana also
represents that all legal and equitable title to the Solana Property will be vested in and held by
Solana. The City also represents that all requirements and procedures, including public
hearings, have been properly conducted so that the execution hereof by the City shall
constitute the final approval of t.liis Agreement by the City.
9. Notices.
Any notice required or allowed to be delivered hereunder shall be in writing and sliall be
deemed to be delivered when: (a) hand delivered to the official hereinafter designated, or (b)
one clay after deposit With a nationally recognized oversight courier service, e.g. Federal
Express, Purolator, Airborne, Express Mail etc., or (c) by facsimile delivery, addressed to a
party at the other address as specified below or from time to time by written notice to the other
party delivered in accordance herewith:
Solana: Solana Lake, Inc.
Attention: Mr. Kolsn Bennett
1600 N. Atlantic Avenue, Suite 201
Cocoa Beach, FL 32931
Phonc: 321-784-8093
Fax: 321-784-3644
Page 3of8
With copy to: 'Towne Realty, Inc.
Attention: James B. Young, Esq.
710 North Plankint.on Avenue
Milwaukee,WI 53203
Phone: 414-274-2723
Fax: 414-274-2710
City: City of Cape Canaveral
Attention: Mr. Bennett. Boucher
City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Plione: 321-868-1230
Fax: 321-868-1224
With copy to: Brown, Salzman,Weiss& Garganese, P.A.
Attention: Anthony A. Garganese, Esq.
Attorney for the City of Cape Canaveral
22.5 E. Robinson Street - Suite 660
PO Box 2873
Orlando, FL 32802
Plione: 407-42.5-9.566
Fax: 407-425-9596
Said designated officials and addresses may be amended by providingivnttczi notice to
the other party.
10. Defaults.
Failure by either party to perforin each and every one of its obligations hereunder shall
consfitute a default,entitling the nondcfaulting party to pursue whatever remedies are available
to it under Florida law or equity including, without limitation, an action for specific
performance and/or injunctive relief: Prior to any party filing any action as a result of a default
under this Agreement., the nondefaiilting party shall first. provide the defaulting party with
written notice of said default. Upon receipt of said notice, the defaulting party shall be
providcd a thirty(30) day opportunity in which to cure the default to tic reasonable satisfaction
of the nondefaulting party prior to filing said action. The prevailing party ill any litigation
arising under this Agreement sliall be entitled to recover its reasonable attorney's fees and
costs, whether incurred at trial or appeal.
11. Successors and Assips.
This AgrcemerYt shall automatically be binding upon and shall inure to the benefit of the
successors and assigns of each of the parries.
Page 4 of,8
12. Apphcable Law.
This Agrcemcnit shall be govemcd by and construed 111 accordance with the laws of the
Stale of Florida.
13. Amendments.
This A Teement shall not be modified or amended except by written agreement duly
executed by both parties hereto.
14. Entire Aweemenl;
This Agreement supersedes any other agreement,oral or written,and contains tllc entire
Agreement between the City and Solana as to the subject matter hereof.
15. Severability.
If"any provision of this Agreement shall be held to be invalid or unenforceable to any
extent by a court.of competent jurisdiction,the sarne shall not affect in any respect the validity
or enforceability of the remainder of this Agreement.
16. Effective Date.
This Agreement shall become effective upon approval by the City and execution of this
Agreement by both parties (the "Effective Date").
17. Recordation.
This Ag7ccnlent and any amendments hereto shall be recorded in the public records of
Brevard County, Florida and shall run with the Solana property as described on Exhibit"A".
18. Relationship of the Parties.
The relationship of the parties to this Agreement is contractual and Solana is all
independent contractor and not an agent of the City. Nothing herein shall be deemed to
create a joint venture or principal-agent relationship between the parties, and neither party is
authorized to, nor shall culler party act toward third persons or the public in any manner
which would indicate any such relationship with the other.
19. Sovereign Immo.
Nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under Section 768.28, Florida Statutes, or any other limitation on the
City's potential liability under state and federal law.
Page 5 of 8
20. City's Police Power.
The City hereby reserves all police powers granted to the City by law. In no way shall
this Agreement be construed as the City bargaining away or surrendering its police powers.
21. Force Majeure.
The parties agree that in the event that the failure by either party to accomplish any
action required hereunder within a specified time period("Time Period")constitutes a default
under the terms of this Agreement and, if any such failure is due to any unforeseeable or
unpredictable event or condition beyond the control of such party, including, but not limited
to, acts of'God, acts of government authority (other than the City's own acts), acts of public
CrlCriy or war,riots,civil disturbances,power failure,shortages of labor or materials,injunction
or other court proceedings beyond the control of such party, or severe adverse weather
conditions ("t Jncorltrollable Event"),then,notwithstanding any provision of this Agreement,to
the contrary, that failure shall not constitute a default under this Agreernent and any Time
Period proscribed hereunder shall be extended by the amount of time that such party was
Unable to perform solely due to the Uncontrollable Event,
22. Interpretation.
The parties hereby agree and acknowledge that they both participated equally in the
drafting of this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
23. Permits.
The failure of this Agreement to address any particular City, county, state, and federal
permit, condition, term, or restriction shall not relieve Solaria or the City of the necessity of
complying with the law governing said permitting requirements,conditions,terni,or restriction.
24. Third Party Rights.
This Agreement is not a third party beneficiary contract and shall not in any way
whatsoever create any rights on behalf of any third party.
25. Counterparts.
This Agreement may be executed in any number of counterparts, each of which when
so executed and delivered shall be considered an original agreement; but such counterparts
shall together constitute but one and the same instrument.
26. Declaration of the City of CW Canaveral.
Page 6 01,8
The City hereby finds that this Agreement is consistent with the City's Comprehensive
Plan and land devcloprnent regulations and is a legislative act of the City. The City further
finds that this Agreement promotes(lie public health,safety,acid welfare and is consistent with,
mid an exercise of',the City's powers under(lie Municipal Home Rule Powers Act,as provided
in s. 2(b), Article VIII of the Florida Constitution and Chapter 166.021, Florida Statutes,and
the City's police powers.
27. Conflict with City Code.
To the extent the City determines there is a specific conflict between the provisions of
tfie City code and this Agreement,the parties agree that the provisions of this Agi-cement shall
control as if approved by the City as a legislative act.
IN WITNESS WHEREOF, Solana and [lie City have executed this Agreement in
form suflicient.to bind them as of the day and year first.above written.
Witnesses: Solana Lake, Inc.,
a Florida corporation
-------------------------------- By:
-------------------------
Print Name-- Kohn Bennett
-------------------
Vice President
------------------------
Print Nanic:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this —__ clay of-------------
2003
---,200 3 by Kohn Bennett, Vice President of Solana Lake, Inc., a Florida corporation, who
executed the foregoing instrument and acknowledged before me that he executed the same for
the uses and purposes dierein expressed and who is personally know to me or who has
produced------- as identification and who did not t.1ke an oath.
------------------------------
Notuy Public Signature
-------------------------------
Typed or Printed Notary Name
Notary Public-State of-___--------
Commission No.:
---------------
My commission expires:
Page 7 of 8
Witnesses: CITY OF CAPE CANAVERAL,
A municipal corporation e3aisting
under the laws of the State of
Print Nanlc: —-----__- Florida,
--------------------------------
Print Nalne: -------------------- By: ----------------
----------
Rocky Ran.dels
Mayor
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this ------day of-------------,
2003 by Rocky Randels,Mayor,who is personally know to Inc and who did not take an oath.
--------------------- -- ___
Notary Public Signature
------------------------------
`hypcd or Printed Notary Nrune
Notary Public-State of
COmmissioI1 No.:
My Commission expires: ------
Page 8 01'8
SOLANA LAKE, INC. rx _
LEGAL DESCRIPTION
DE5CRIPAON:
A portion of Section 14, Township 24 South, Range 37 East Brevard County, Florida, being more
particularly described as follows:
Commence at the Northwest corner of said Section 14; thence N89'43'34"E, along the North
line of the Northwest one—quarter of sold Section 14, a distance of 2,639.94 feet to the North 1/4
comer of said Section 14; thence N89'45'43"E, along the North line of the Northeast one—
quarter of said Section 14, a distance of 1,319.16 feet, to the Northwest comer of Government Lot
I in said Section 14; thence 501'29'01 E along the West line of said Government Lot 1, a
distance of 566.13 feet; thence S89'45'4J"W, a distance of 66.02 feet to a point 66.00 feet
West by right angle measurement, of the West. line of said Government Lot 1; thence
S01'29 O1 F parallel with and 66.00 feet Wast of the West line of said Government Lot 1, a
distance of 34.25 feet, to 'the Pow OF BEGINNING of the herein described parcel; thence
continue, S01'29 01"E, parallel with and 66.00 feet West of the West line of said Government
Lot 1, and along the West line of a 66.00 foot wide Ingress and Egress Easement recorded in
Official Records Book 3482, Page 369 of the Public Records of Brevard County, Florida and
amended in Official Records Book 3587, Page 2167 of the Public Records of Brevard County,
Florida, a distance of 852.34 feet, to the point of curvature of a curve, concave Northwesterly,
having a radius, of 35.00 feet and a central angle of 91'14'44"- thence Southwesterly, along the
are of said curve to the right, a distance of 55.74 feet, to a point of tangency; thence
S89'45'43"W, along the North line of said Ingress and Egress Easement, a distance of 380.57
feet; thence S58'58'12'W, alonv. the North line of said ingress and Egress Easement, a distance
of 200.00 feet; thence S8952 21"W, along the North line of said ingress and Egress Easement,
a distance of 406.67 feet, to a point on the West fine of lands described in Official Records Book
3980, Page 1996 of the Public Records of Brevard County, Florida; thence N01'29'01"W,
along said West line, a distance of 989.73 feet; thence N89'4543"E, a distance of 962.78 feet,
to the point of curvature of a curve, concave Southwesterly, having a rad;us of 35.00 feet and a
central angle of 88'45'16` thence Southeasterly, along the arc of said curve to the right, a
distance of 54.22 feel, to the POINT OF BEGINNING; Containing 21.47 acres, more,or less.
SURVEYOR'S NOTES:
1
1. SEE SHEET IOF 2• FOR THE SKETCH TO ACCOMPANY THIS LEGAL DESCRIPTION.
ALLEN ENGINEERING, INC.
106-DIXIE LANE
COCOA BEACH, FLORIDA
APRIL 21, 2000 EXHIBIT "R" SHEET 2 OF 2
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CHANGE ORDER Number: 09
SELLER ACKNOWLEDGEMENT Contract: SLLKC031
Page: 1
BENIKO CONSTRUCTION CO., INC.
1600 North Atlantic Avenue, Suite 201
Cocoa Beach FL 32931
(321) 794-8093 FAX(321) 784-3644 SEP 2" 4 2001
RAMAGE CONTRACTING INC RAMAGE SOLANA LAKE-SITE&AMENITIES SLJK
8]BLDG- CONDO PROJECT
2210 SPRING CIRCLE 8871-8961 LAKE DRIVE
COCOA FL 32926 CAPE CANAVERAL FL 32920
PHONE; (321)639-4340 FAX: (321)638-0593 DATE OF CONTRACT :— 02/14/2001
FEDERAL fD#. 59-3297045 DATE OF CHANGE ORDER - 09/1112001
fOU ARE DIRECTED TO MARE THE FOLLOWING CHANGES TO THIS CONTRACT.
mom
OFFISTE - ROAD & DRAINAGE (N ATLANTIC AVE) 132644 27,222.60
----------
Per your proposal dated 08/10/01 SubtotaL 27,222-60
Sates tax
----------
Total, 27,222.60
SEE ATTACHED EXHIBIT C
,EXECUTION OF THIS CHANGE VGE ORDER BY SUBCONTRACTOR OR VENDOR IS CONFIRMATION OF ITS AGREEMENT TO THE TERMS THEREOF.
Theoriginak contract sun... ................................ ........................................................242,036.00
Netchange by previous change order.............................. .................... ................................ 90,969.35
The contract sum prior to this change order ...I....................................................333,005.35
The contract will be INCREASED by this change order................................................................... 27,222.60
The new contract sum inctuding this change order will be..............................................................360,227.95
The contract time will be INCREASED by.................................................................................. ( ) DAYS
The date of completion as of this change order therefore is.. ... .. . ............................ UNCHANCED
RAMAGE CONTRACTING INC BENKO CONSTRUCTION CO., INC.
2210 SPRING CIRCLE 1600 N. Aveite 201
COCOA 32926 Coe &"aA1Cc!nV 931
BY: BY:—
UTH A.=BE V.P.
DATE: DATE DATE: 09/11/2001
RAMIACE CONTRACTING, INC.
2210 SPRING CIRCLE, COCOA, FL.32926
P14ONE (321)638-3340 FAX 63"593
FrMAIL.RAMAGE&CM-RR-COM
PROPOSAL FOR
TowHr:; REALTY
bescription Adjft UnJta Unit Price Total
Mobifization 6.60 HR 68,12 $408.74
MaEnt of Traffic 11.04 DAY 59.60 $657.60
$1.066.54
Remote Asphalt Paving 473.00 SY 2.50 $1,184.68
Saw Clot 870.00 LF 1,04 $906.67
Cut&Export 243.00. CY 3.73 $905.57
$2,996.92
Grade Swale 510.00 LF 1.20 $641.74
Grade+I-one tenth 1,265,00 SY 0.89 $1,130.90
$1,742.64
12"Stabtlized subbase 505.00 SY 4.25 $2,14SA5
12"Stabilized subbase 110.00 SY 7.81 $859.55
6"i.imerock-base 532.00 SY 7,08 $3,766.62
W Lunerock Base 477.00 SY 6.42 $4,016-01
8" t,imerodc Base 90.00 SY 12.91 $1,162.42
1"S-3 Asphalt 473.00 SY 5.21 $2,463.78
2"S-3 Asphalt 479.00 SY 8.87, $4,247.14
2"S-3 Asphalt 70.00 SY 11.74 $821,92
$19,484.61
Directional Arrow 5.00 EA 40.25 $201.25
Thermo Stripe V 2,690.00 LF 0.58 $1,546.75
Thermo Stripe 18" 80,00 LF 2,30 $184,00
$1,932.00
Yotai $27,222.60
EXHIBIT C
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SOLANA LAKE, INC.
1600 N. Atlantic Ave., Suite 201
Cocoa Beach, FL 32931
(321)7848093
(321)784-3644 -fax
December 17, 2002
Mr. Bennett Boucher
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Development Agreement
Dear Bennett:
Enclosed please locate a draft of the Development Agreement we discussed concerning
the roadway improvements required at North Atlantic Avenue and Shorewood Drive.
Please review the attached draft agreement and advise me of your comments.
Very truly yours,
SOLANA LAKE, INC.
CII
ti.
Joh . Grandlich
Vice President
Cc: Maath Bennett
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement"), made this day of
, 2002, is by and between Solana Lake, Inc. a Florida corporation with
offices located at 1600 North Atlantic Avenue, Suite 201, Cocoa Beach, Florida 32931
("Solana"), and the City of Cape Canaveral, a municipal corporation existing under the
laws of the State of Florida located at 105 Polk Avenue, Cape Canaveral, FL 32920
("City").
RECITALS
WHEREAS, this Agreement is authorized pursuant to the Florida Municipal Home Rule
Powers Act; and
WHEREAS, Solana is in the process of constructing a 192 unit condominium project
located in Cape Canaveral and legally described on Exhibit "A" attached hereto and by
reference made a part hereof; and
WHEREAS, Solana, as a required part of its site plan approval, must construct roadway
improvements on North Atlantic Avenue for vehicles turning east onto Shorewood Drive;
and
WHEREAS, the City desires to delay Solana's roadway improvements in order to
accommodate potential development on private lands located west of the roadway
improvements; and
WHEREAS, Solana and the City desire to agree on the terms and conditions of the
roadway improvements as set forth in this Agreement.
NOW THEREFORE, in consideration of the terms and conditions set forth in this
Agreement, and other good and valuable consideration, the receipt of which is hereby
acknowledged by the parties, the City and Solana agree to the following:
I. Incorporation of Recitals.
The foregoing recitals are true and correct and are hereby fully incorporated herein
by this reference as a material part of this Agreement.
II. Solana General Requirements and Conditions.
In consideration of the mutual promises set forth in this Agreement, Solana agrees
to construct the roadway improvements on the City right-of-way and private lands and in
Page 1 of 8
conformity with the attached engineered drawings of roadway improvements pursuant to
Exhibit "B" attached hereto("Roadway Improvements").
The Roadway Improvements to be constructed by Solana shall include the following:
a) An acceleration and deceleration lane on the east side of the North Atlantic right-
of-way adjacent to the Shorewood Drive entrance.
b) A passing lane on the west side of the North Atlantic right-of-way near the
Shorewood Drive entrance.
c) Sidewalk and landscaping
11. Timing of Roadway Improvements Completion.
As a condition of this Agreement, Solana will bond the Roadway Improvements
contemplated herein by presenting the City with Solana's contract to construct the
Roadway Improvements as attached in Exhibit "C". The bond amount shall be the
contract amount pursuant to the attached contract plus 10% or $30,000. Solana shall be
responsible to supervise construction of the Roadway Improvements. Commencement of
the construction shall be within 60 days of written notice from the City. Solana shall use
reasonable efforts to timely complete the Roadway Improvements. As a condition of this
Agreement no Certificates of Occupancy relative to any of Solana's 192 unit
condominium project shall be withheld by the City due to non-completion of the
Roadway Improvements.
IV. Cooperation and Further Assurances.
Solana and the City shall cooperate fully with each other to effectuate the terms,
conditions and intentions of this Agreement. Further, each party agrees to adjust, initial,
re-execute and re-deliver any and all documents subject to this Agreement if deemed
necessary or desirable by one or the other of the parties.
V. Authority and Assignment.
Each party hereby represents and warrants to the other that they have full power
and authority to enter into this Agreement. Solana also represents that it is duly
authorized to bind the Solana Property to the terms and conditions contained in this
Agreement. Solana also represents that all legal and equitable title to the Solana Property
will be vested in and held by Solana. The City also represents that all requirements and
procedures, including public hearings, have been properly conducted so that the
execution hereof by the City shall constitute the final approval of this Agreement by the
City.
Page 2 of 8
VL Notices.
Any notice required or allowed to be delivered hereunder shall be in writing and
shall be deemed to be delivered when: (a) hand delivered to the official hereinafter
designated, or (b) one day after deposit with a nationally recognized overnight courier
service, e.g. Federal Express, Purolator, Airborne, Express Mail etc., or(c) by facsimile
delivery, addressed to a party at the other address as specified below or from time to time
by written notice to the other party delivered in accordance herewith:
Solana Solana Lake, Inc.
Attention: Mr. John Grandlich
710 North Plankinton Avenue
Milwaukee, WI 53203
Phone: 414-274-2479
Fax: 414-274-2728
With copy to: Towne Realty, Inc.
Attention: Mr. James B. Young, Esq.
710 North Plankinton Avenue
Milwaukee, WI 53203
Phone: 414-274-2723
Fax: 414-274-2710
City City of Cape Canaveral
Attention: Mr. Bennett Boucher
City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: 321-868-1230
Fax: 321-868-1224
With copy to: Brown, Ward, Salzman & Weiss, P.A.
Attention: Mr. Anthony A. Garganese, Esq.
Attorney for the City of Cape Canaveral
225 E. Robinson Street—Suite 660
PO Box 2873
Orlando, FL 32802
Phone: 407-425-9566
Fax: 407-425-9596
Page 3 of 8
VII. Defaults.
Failure by either party to perform each and every one of its obligations hereunder
shall constitute a default, entitling the nondefaulting party to pursue whatever remedies
are available to it under Florida law or equity including, without limitation, an action for
specific performance and/or injunctive relief. Prior to any party filing any action as a
result of a default under this Agreement, the nondefaulting party shall first provide the
defaulting party with written notice of said default. Upon receipt of said notice, the
defaulting party shall be provided a thirty (30) day opportunity in which to cure the
default to the reasonable satisfaction of the nondefaulting party prior to filing said action.
The prevailing party in any litigation arising under this Agreement shall be entitled to
recover its reasonable attorney's fees and costs, whether incurred at trial or appeal.
VIII. Successors and Assigns.
This Agreement shall automatically be binding upon and shall inure to the benefit
of the successors and assigns of each of the parties.
IX. Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
X. Amendments.
This Agreement shall not be modified or amended except by written agreement
duly executed by both parties hereto.
XL Entire Agreement.
This Agreement supersedes any other agreement, oral or written, and contains the
entire Agreement between the City and Solana as to the subject matter hereof.
X1I. Severability.
If any provision of this Agreement shall be held to be invalid or unenforceable to
any extent by a court of competent jurisdiction, the same shall not affect in any respect
the validity or enforceability of the remainder of this Agreement.
XIIL Effective Date.
This Agreement shall become effective upon approval by the City and execution of
this Agreement by both parties(the"Effective Date").
Page 4 of 8
XIV. Recordation.
This Agreement and any amendments hereto shall be recorded in the public records
of Brevard County, Florida and shall run with the Solana property as described on
Exhibit"A".
XV. Relationship of the Parties.
The relationship of the parties to this Agreement is contractual and Solana is an
independent contractor and not an agent of the City. Nothing herein shall be deemed to
create a joint venture or principal-agent relationship between the parties, and neither
party is authorized to, nor shall either party act toward third persons or the public in any
manner which would indicate any such relationship with the other.
XVI. Sovereign Immunity.
Nothing contained in this Agreement shall be construed as a waiver of the City's
right to sovereign immunity under Section 768.28, Florida Statutes, or any other
limitation on the City's potential liability under state and federal law.
XVII. City's Police Power.
The City hereby reserves all police powers granted to the City by law. In no way
shall this Agreement be construed as the City bargaining away or surrendering its police
powers.
XVIIL Force Majeure.
The parties agree that in the event that the failure by either party to accomplish any
action required hereunder within a specified time period ("Time Period") constitutes a
default under the terms of this Agreement and, if any such failure is due to any
unforeseeable or unpredictable event or condition beyond the control of such party,
including, but not limited to, acts of God, acts of government authority (other than the
City's own acts), acts of public enemy or war, riots, civil disturbances, power failure,
shortages of labor or materials, injunction or other court proceedings beyond the control
of such party, or severe adverse weather conditions ("Uncontrollable Event"), then,
notwithstanding any provision of this Agreement to the contrary, that failure shall not
constitute a default under this Agreement and any Time Period proscribed hereunder shall
be extended by the amount of time that such party was unable to perform solely due to
the Uncontrollable Event.
XIX. Interpretation.
The parties hereby agree and acknowledge that they both participated equally in the
drafting of this Agreement and no party shall be favored or disfavored regarding the
interpretation of this Agreement in the event of a dispute between the parties.
Page 5 of 8
XX. Permits.
The failure of this Agreement to address any particular City, county, state, and
federal permit, condition, term, or restriction shall not relieve Solana or the City of the
necessity of complying with the law governing said permitting requirements, conditions,
term, or restriction.
XXL Third Party Rights.
This Agreement is not a third party beneficiary contract and shall not in any way
whatsoever create any rights on behalf of any third party.
XXII. Counterparts.
This Agreement may be executed in any number of counterparts, each of which
when so executed and delivered shall be considered an original agreement; but such
counterparts shall together constitute but one and the same instrument.
XXIII. Declaration of the City of Cape Canaveral.
The City hereby finds that this Agreement is consistent with the City's
Comprehensive Plan and land development regulations and is a legislative act of the City.
The City further finds that this Agreement promotes the public health, safety, and welfare
and is consistent with, and an exercise of; the City's powers under the Municipal Home
Rule Powers Act, as provided in s. 2(b), Article VIII of the Florida Constitution and
Chapter 166.021,Florida Statutes, and the City's police powers.
XXIV. Conflict with City Code.
To the extent the City determines there is a specific conflict between the provisions
of the City code and this Agreement, the parties agree that the provisions of this
Agreement shall control as if approved by the City as a legislative act.
Page 6 of 8
IN WITNESS WHEREOF, Solana and the City have executed this Agreement
in form sufficient to bind them as of the day and year first above written.
Witnesses: Solana Lake, Inc.,
a Florida corporation
By:
Print Name: John R. Grandlich
Vice President
Print Name:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2002 by John R. Grandlich, Vice President of Solana Lake, Inc., a
Florida corporation, who executed the foregoing instrument and acknowledged before me
that he executed the same for the uses and purposes therein expressed and who is
personally know to me or who has produced as identification and
who did not take an oath.
Notary Public Signature
Typed or Printed Notary Name
Notary Public-State of
Commission No.:
My commission expires:
Page 7 of 8
Witnesses: CITY OF CAPE CANAVERAL,
A municipal corporation existing
under the laws of the State of
Print Name: Florida,
Print Name: By:
Rocky Randels
Mayor
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2002 by Rocky Randels, Mayor, who is personally know to me and who
did not take an oath.
Notary Public Signature
Typed or Printed Notary Name
Notary Public-State of
Commission No.:
My commission expires:
Page 8 of 8
1
SOLANA LAKE, INC. X"
► SKETCH OF BOUNDARY SURVEY
1
1 SCALE; 1'-200'
1 N.W. CORNER OF GOVT LOT 1
1
N. 1/4 CORNER OF SECTION 14
�-9N. 319.16
1 N. LINE OF TN£N.W. 1/4 OF SECTION 14
1 N. LINE OF THE N.E. 1/4 OF SECTION 14
► POINT OF COMMENCEMENT hi
► N.W. CORNER OF SECTION 1431
1 CORNER FALLS UNDER BUILDING e
POSMON COMPUTED MOM CANAVERAL -.1
1 PORT AUTHORITY CONTROL POINTS
1 I GO �G ENT
1 ORB - OFFICIAL RECORDS BOOK
R - RADIUS tS
1 a D - DELTA ANGLE 1,1
) A - ARC LENGTH p
► N .,, P J
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► N8r45 43$ 96ZJV' `.��
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1 N. LINE OF A 66' EIDE INGRESS AND EGRESS
► EASEMENT RECORDED IN ORB J482, PAGE 369
AND AMENDED IN ORB 3587, PAGE 2167
1
1 SURVEYOR'S NOTES:
► 1. O = FOUND 5/8" IRON ROD W/ PLASTIC CAP STAMPED "ALLEN ENG LB 266"
( OVER BENT 1 1/2" IRON PIPE.
1 1
2. O - FOUND 1 1/2" IRON PIPE.
1 3. • = SET 5/8" IRON ROD WITH PLASTIC CAP STAMPED "ALLEN ENG LB 266'.
I 4. SEE SHEET 2 FOR THE DESCRIPTION TO ACCOMPANY THIS SKETCH.
1
1
I ALLEN tENGINEERING, INC.
I 106 DIXIE LANE c.7
1 COCOA BEACH, FLORIDA o
1 APRIL 21, 2000 EXHIBIT "A" SHEET I OF 2 zo
SOLANA LAKE, INC. g- = ,4-
LEGAL
¢LEGAL DESCRIPTION
A portion of Section 14, Township 24 South, Range 37 East, Brevard County, Florida, being more
particularly described as follows:
Commence at the Northwest corner of said Section 14; thence N89'4334•E, along the North
line of the Northwest one—quarter of sold Section 14, a distance of Z639.94 feet to the North 1/4
corner of said Section 14; thence N89'45'43"E, along the North line of the Northeast one—
quarter of said Section 14, o distance of 1,319.16 feet to the Northwest corner of Government Lot
in said Section 14; thence S01 29'01"E, along the West line of said Government Lot 1, a
distance of 566.13 feet; thence S89'45'43"W, a distance of 66.02 feet, to a point 66.00 feet
West, by right angle measurement, of the West line of said Government Lot 1; thence
S01"29 01"E, parallel with and 66.00 feet West of the West line of said Government Lot 1, a
distance of 34.25 feet to the POINT OF BEGINNING of the herein described parcel; thence
continue, 501'29'01Z parallel with and 66.00 feet West of the West line of sold Government
Lot 1, and along the West line of o 66.00 foot wide Ingress and Egress Easement recorded in
Official Records Book 3482, Page 369 of the Public Records of Brevard County, Florida and
amended in Official Records Book 3587, Page 2167 of the Public Records of Brevard County,
Florida, a distance of 852.34 feet, to the point of curvature of a curve, concave Northwesterly,
having a radius.of 35.00 feet and a central angle of 91'14'44`, thence Southwesterly, along the
arc of said curve to the right, a distance of 55.74 feet, to a point of tangency; thence
S89'45'43-W, along the North line of said Ingress and Egress Easement, o distance of 380.57
feet; thence S58'58'12 W, Won? the North line of said Ingress and Egress Easement, a distance
of 200.00 feet; thence 589'52 21"W, along the North line of said Ingress and Egress Easement,
a distance of 406.67 feet, to a point on the West line of lands described in Official Records Book
3980, Poge 1996 of the Public Records of Brevard County, Florida; thence NO1'29 01"W,
along said West line, a distance of 989.73 feet; thence N89'45 43'E, a distance of 962.78 feet,
to the point of curvature of a curve, concave Southwesterly, having a radius of 35.00 feet and a
central angle of 88'45'16"• thence Southeasterly, along the arc of sold curve to the right, a
distance of 54.22 feet, to the POINT OF BEGINNING; Containing 21.47 acres, more or less.
•
SURVEYOR'S NOTES:
1. SEE SHEET 1 OF 2 FOR THE SKETCH TO ACCOMPANY THIS LEGAL DESCRIPTION.
I
ALLEN ENGINEERING, INC.
106 DIXIE LANE
COCOA BEACH, FLORIDA
APRIL 21, 2000 EXHIBIT "A" SHEET 2 OF 2
F'xi,i 6,'E 48
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CHANGE ORDER :
Number:
Contract: SLLRC031
Page: 1
BENKO CONSTRUCTION CO.,INC.
1600 North Atlantic Avenue, Suite 201
Cocoa Beach FL 32931
(321)784-8093 FAX(321)784-3644 SEP 2 4. 2001'
RAMAGE CONTRACTING INC RAMAGE SOLANA LAKE-SITE&AMENITIES SLLK
8 BLDG-CONDO PROJECT
2210 SPRING CIRCLE 8871-8961 LAKE DRIVE
COCOA FL 32926 CAPE CANAVERAL FL 32920
PHONE: (321)638-4340 FAX: (321)638-0593 DATE OF CONTRACT: 02/14/2001
FEDERAL ID#:59-3297045 DATE OF CHANGE ORDER:09/11/2001
YOU ARE DIRECTED TO MAKE THE FOLLOWING CHANGES TO THIS CONTRACT:
•
'.5::h:: �+� +}. ..f _ %: :: •` Jv''•' '• ftf`fzfi .'.?4'j: 'f'v .;.r``h
a f
OFFISTE - ROAD & DRAINAGE (N ATLANTIC AVE) 132644 27,222.60
•
Per your proposal dated 08/10/01 Subtotal 27,222.60
Sales tax
Total 27,222.60
/,/O [/e7')
Se'—
r
SEE ATTACHED EXHIBIT C
EXECUTION OF THIS CHANGE ORDER BY SUBCONTRACTOR OR VENDOR IS CONFIRMATION OF ITS AGREEMENT TO THE TERMS THEREOF.
The original contract sun 242.036.00
Net change by previous change order 90,969.35
The contract sum prior to this change order was 333,005.35
The contract will be INCREASED by this change order 27,222.60
The new contract sun including this change order will be 360.227.95
The contract time will be INCREASED by ( ) DAYS
The date of completion as of this change order therefore is UNCHANGED
X..
A 9 � T t
RAMAGE CONTRACTING INC BENKO CONSTRUCTION CO.,INC.
2210 SPRING CIRCLE 1600 N. Atl ` '•c Ave , '•ite 201
COCOA 32926 C.••• :eac• ' o '••' • 931
BY: BY: . %71
q� q TH A.BEN ,
V.P.
DATE: DATE: /`//'Di DATE: 09/11/2001 -
.cG ,41•1. Ce. „e2...eL
RAM'AGE CONTRACTING, INC.
221 O SPRING CIRCLE, COCOA, FL 32626
PHONE (321)638-4340 FAX 6380593
EMAIL.RAMAGF@CFL„RR.COM
PROPOSAL FOR
rowNE REALTY
Description AdjQty Units Unit Price Total
Mobirmation 6.00 HR 68.12
Main!of Traffic 11.00 DAY 66 5457..80 $G$857.8080
$1.098.54
Rernove Asphalt
Sew Paving 473.00 SY 2.50 51,484.88
870.00 LF 1.04 $906.67
Cut&Export 243.00 CY 3.73 $905.57
$2,996.92
Grade Swale 610.00 IF 1.20
Grade+I-one tenth 1,265.00 SY 0.89330.90
51,11 30.90
$1,742.64
12"Stabilized subbase 605.00 SY 4.25
1Stabilized subbase 110.00 SY 7.81 $859.55
0"Limerock base 532.00 SY 7.08 33,766.62
8"L'anerook Base
8"lfiner�nck Base 477.00 SY 8.42 14,015.01
90.00 SY 12.91 $1,182.02
1"-3 8
Asphalt 473.00 SY $2,483.78
Asphalt 478.00 SY .81
2"S-3 1
1 f.7744 $$882f
8 70.00 SY 8.873 21.92
.92
319,484.51
Directional Arrow 5.00 EA 40.25 $201.25
Thermo Stripe6" 2,890.00 IF 0.58 31,546.75
Thermo Stripe 18" 80.00 LF 2.30
$184.00
$1,932.00
Total $27,222.60
EXHIBIT C
Meeting Type: Regular
Meeting Date 06-03-03 AR r
AGENDA
W'
Heading Ordinances-2nd Reading'
OF
CAPE CANAMUL Item 6
No.
- AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 14-2003, AMENDING SECTION 42-26 RELATING TO DUTIES OF
CHIEF OF POLICE
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider adoption of Ordinance No. 14-2003 relating to duties of chief of police, by clarifying Code
Section 42-26.
Summary Explanation & Background:
This amendment is a result of a recent code review workshop.
I recornwnd approval.
Exhibits Attached:
Ordinance No. 14-2003
City Man errs Office Department LEGISLATIVE
ca im\my ocuzne in\councieting\2003\06-03-03\14-2003.doc
ORDINANCE NO. 14-2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 42-26 OF THE CAPE
CANAVERAL CODE RELATING TO DUTIES OF CHIEF
OF POLICE; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
INCORPORATION INTO THE CODE, SEVERABILITY,
AND EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral is undertaking a
comprehensive review of the City Code to update the City Code; and
WHEREAS, during the review of Chapter 42 of the City Code, the City Council
determined that a correction to Section 42-26 is necessary to eliminate duplicate
language; and
WHEREAS, the City Council hereby finds that the correction to Section 42-26
contained herein is in the best interest of the public health, safety, and welfare of the
citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Brevard County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the
City of Cape Canaveral.
Section 2. Code Amendment. That Chapter 42 of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates
additions and ;tri�� type indicates deletions, while asterisks (* * *) indicate a
deletion from the Ordinance of text existing in Chapter 42. It is intended that the text in
Chapter 42 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance).
City of Cape Canaveral
Ordinance 14-2003
Page 1 of 3
CHAPTER 42 LAW ENFORCEMENT
Article 11. Police Department
Sec. 42-26. Duties of chief of police and/or precinct supervisor.
(a) It shall be the duty of the chief of police and/or precinct supervisor to:
(1) Attend meetings of the city council as directed by the city council;
(2) Aid in the enforcement of order and aid in the enforcement of laws
and city ordinances;
(3) Execute all papers and processes of the city or its authorities;
(4) Aid OR the eRfOFGeFnent of S aPA
J4)(5) Perform such other duties as may be lawfully required of him by law
or lawfully assigned by the city council or ci manager.
(b) Subject to the authority and instructions of the city council, the chief of
and/or precinct supervisor shall have and exercise control over the police department.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the
conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 5. Severability.If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, whether for substantive, procedural, or any other reason, such
portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions of this ordinance.
City of Cape Canaveral
Ordinance No. 14-2003
Page 2 of 3
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
day of , 2003.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Buzz Petsos
SUSAN STILLS, City Clerk Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
F:1DocslCity of Cape Cana verallprdinanceslPolice_Chief Duties.wo
City of Cape Canaveral
Ordinance No. 14-2003
Page 3 of 3
E
Meeting Type: Regular
Meeting Date 06-03-03 r
AGENDA
Heading Ordinances-2nd Reading
rry OF
CAPE CANAVIRK IEen1 7
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 15-2003,RELATING TO FIRE PROTECTION SERVICES
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider adoption of Ordinance No. 15-2003 relating to fire protection services by clarifying Code
Sections 38-56, 38-57 and 38-58.
Summary Explanation& Background:
This code revision was a result of a recent code review workshop.
I recommend approval.
Exhibits Attached:
Ordinance No. 15-2003
City Ma S Office
it Department LEGISLATIVE
�, c im\myd .–Menin\counc,i —ing\2003\06-03-03\15-2003,doc
ORDINANCE NO. 15-2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE
CITY OF CAPE CANAVERAL CODE OF ORDINANCES,
RELATING TO FIRE PROTECTION SERVICES;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTION;
PROVIDING FOR INCORPORATION INTO THE CODE;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral is undertaking a
comprehensive review of the City Code to update the City Code; and
WHEREAS, during the review of Chapter 38 of the City Code, the City Council
determined that amendments to Sections 38-56, 38-57, and 38-58 are necessary in light
of Section 4 of the City's Charter, which was amended in 1985, and to clarify the
authority provided to the Fire Chief under the City's Ordinances; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
this ordinance to be in the best interests of the public health, safety, and welfare of the
citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the
City of Cape Canaveral.
Section 2. Code Amendment. That Sections 38-56, 38-57, and 38-58 of the Code
of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows:
(underlined type indicates additions and GtFikeou type indicates deletions, while
asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 38. It
is intended that the text in Chapter 38 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
City of Cape Canaveral
Ordinance No. 15-2003
Page 1 of 4
Sec. 38-56. Fire protection services;
emergency medical services.
The city Fnay have a paid fiFe depaFtment Whir--h--A-hall Gonsist of a fire chief and
other number Of fiiFefighter ay deteFmiF^e shall contract with the
Cape Canaveral Volunteer Fire Department, Inc. for the provision of fire_ protection and
emergency medical services within the city, unless otherwise provided in accordance
The fire ,of shall ha heart ref fire rlenartMent___and he
with the City Charter. T, —shT T�Tt�,Q�� ,
shall be appeinted and Femoved by the Gity E;eunGil. The
e nhief�dthe refighteeFs
The city
may however, enter into mutual aid agreements with any municipality, Brevard Coun
or private or federal agency for the purpose of supplementing the fire _protection
services provided by the Cape Canaveral Volunteer Fire Department Inc.
Sec. 38-57. Volunteer fire department.
The city may support and assist the Cape Canaveral
Volunteer Fire Department, Inc.. Such support and assistance mn.r innli,rhe but shall ne �
be limited to the fumishing of city fire tFUGk6, fir-efighting equipment and supplies f9F any
theyn-1, n+eer firefighters shall be defined and provided for within the Contract for
Services as may be amended, between the city and the Cape Canaveral Volunteer Fire
Department, Inc..
Sec. 38-58. Duties of fire chief.
(a) It shall be the duty of the fire chief to:
(1) Attend such meetings of the city council as required by the city council;
(2) Aid in the enforcement of all applicable laws and city ordinances relating
to the prevention and extinguishment of fires and the protection of life and
property within the limits of the city and execute all papers and processes
of the city or its authorities relating thereto; and
City of Cape Canaveral
Ordinance No. 15-2003
Page 2of4
(3) Perform such other duties as may be lawfully required of him, subjeGt +„
the authority and Of the Gity GOURGO! by law or lawfully assigned
by the city council or city manager.
(b) The Cape Canaveral Volunteer Fire Department, Inc. shall appoint a lawfully
Qualified individual to serve as fire chief who shall have and exercise control over the
fire department.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the
conflict.
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 5. Severability.If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, whether for substantive, procedural, or any other reason, such
portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately
upon adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
day of , 2003.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Buzz Petsos
SUSAN STILLS, City Clerk Rocky Randels
Richard Treverton
City of Cape Canaveral
Ordinance No. 15-2003
Page 3 of 4
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
FALawyeNeffb\City of Cape Canaveral\Ordinances\Fire_Protecbon_Amend_5ec38.wpd
City of Cape Canaveral
Ordinance No. 15-2003
Page 4of4
oe
5 CE A`Yd
Meeting Type: Regular
t
Meeting Date 06-03-03 A
AGENDA
Heading Ordinances-2"d Reading
CITY OF
cAAP CMAVWUL Item
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 162003, AMENDING CHAPTER 18 RELATING TO CIVIL
EMERGENCIES
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider adoption of Ordinance No. 16-2003, amending Chapter 18 relating to civil emergencies.
Summary Explanation& Background:
This amendment is a result of a recent code review workshop.
This amendment establishes lawful procedures to declare civil emergencies and defines the scope of measures that
can be taken during a state of a civil emergency.
I recommend approval.
Exhibits Attached:
Ordinance No. I6-2003
City Ma 's Office Department LEGISLATIVE
r
c kim\mlocum dmin\counci inq\2003\06-03-03\16-2003.doc
ORDINANCE NO. 16-2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF
ORDINANCES; PROVIDING FOR CIVIL EMERGENCY
POWERS AND MEASURES; PROVIDING FOR THE
DURATION AND TERMINATION OF A DECLARED STATE
OF EMERGENCY; PROVIDING FOR THE PROHIBITION
AGAINST UNCONSCIONABLE PRICES DURING A
DECLARED EMERGENCY; PROVIDING FOR
VIOLATIONS AND PENALTIES; PROVIDING FOR THE
REPEAL OF PRIOR CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION
INTO THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, pursuant to Chapters 252, 501 and 870, Florida Statutes, and other
applicable laws, he City Council has the power to declare a state of civil emergency
within its municipal boundaries; and
WHEREAS, the City Council desires to establish lawful procedures to declare
civil emergencies and to further define the scope of measures that can be undertaken
during a state of civil emergency in order to protect and safeguard the resources and
citizens of Cape Canaveral during such emergency; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds
this Ordinance to be in the best interests of the public health, safety, and welfare of the
citizens of Cape Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
reference as legislative findings and the intent and purpose of the City Council of the
City of Cape Canaveral.
Section 2. Code Amendment. That Chapter 18 of the Code of Ordinances, City of
Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates
additions and st.�°ut type indicates deletions, while asterisks (* * *) indicate a
deletion from the Ordinance of text existing in Chapter 18. It is intended that the text in
Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance).
City of Cape Canaveral
Ordinance No. 16-2003
Page 1 of 5
CHAPTER 18 CIVIL EMERGENCIES
Sec. 18-2. Persons authorized to declare emergency.
qtey
The city council shall have the right to declare a civil emergency by resolution. In the
event a meeting of the city council cannot be convened to declare a civil emergency in a
timely manner, the mayor, or in the absence of the mayor, the city manager, shall have
the right to declare a civil emergency provided the declaration is in writing.
Sec. 18-3. Powers when ernergeney existsEmer enc Owers and measures.
a whole as he deems advisable and appli bile sueh hews ef the day er night as
pFeteetien ef life eF pFepeFty as lie ...ay deem Reeess Fy, and sU6h E)FdeF shall have th-e
Whenever a civil emergency.is declared pursuant to Section 18-2 of this Code, the
council resolution or written instrument of the mayor or city manager shall set forth the
nature of the civil eme[gency,emergency, any lawful measures deemed necessa to preserve and
protect the public health, safety, and welfare and the duration said measures. shall
remain in effect. Any measure promulgated under this section shall have the force and
effect of law. Such measures shall only be effective during the state of civil emergency.
Such measures may include but are not limited to the following:
(a) Establish curfews, including but not limited to, the prohibition of or
restrictions on pedestrian and vehicular movement standing and parking, except for the
provisions of designated essential services such as fire, police, emergency medical
services (including the transportation of patients and emergency calls by physicians or
other approved medical personnels and public works services (including utility_
emergence repair
(b) Utilize all available resources of the city government as reasonably
necessary to cope with the civil emergency, including emergency expenditures.
However, in the case of a declaration of civil emergent_by the mayor or city manager,
such emergency expenditure shall not exceed fifty thousand dollars ($50,000.00).
City of Cape Canaveral
Ordinance No. 16-2003
Page 2 of 5
2
(c) Declare certain areas of the city off limits and closed to all nonessential
personnel.
(d) Make provisions for the availability and use of temporary emergency
housing and the emergency warehousing of materials.
(e) Establish an emergency operating center and employee shelter in addition
to or in place of those provided for in the Brevard County's emer encplan.
(f) Establish price controls pursuant to Section 18-5 of this Code.
Confiscate merchandise equipment, vehicles or property needed to
alleviate the emergency. Reimbursement shall be within _sixty (60) days and at
customary value char ed for the items during the ninety-(90) days Drevious to the
emergency.
(h) In cooperation with Brevard County emergency management and on
behalf of the city, call on the National Guard of the Army, Coast Guard or other law
enforcement divisions as necessary to assist in the mitigation of the emergency or to
help maintain law and order, rescue and traffic control.
i Activate the statewide mutual aids stem.
(j) Prohibit or limit the sale purchase, transfer, distribution, display,
possession, or exchange of any weapon; except that this provision shall not apply to
duly authorized law enforcement officials acting in an official ca acit .
(k) Prohibit or limit the sale purchase, transfer, distribution, displays
possession, exchange of any alcoholic beverage flammable liquid, explosive substance
or hazardous material or substance;
(1) Prohibit or limit any person or persons from assembling in public places;
and
m Prohibit or limit thepublic's use of pubic facilities including, but not limited
to, parks, government buildings, rights-of-way, and beaches.
Sec 18-4. Duration and Termination of Emergency.
(a) Upon declaration of a civil emergency pursuant to Section 18-2 of this
Code, the state of emergency shall commence immediately unless otherwise provided
in the council resolution or the written instrument of the mayor or city manager, and
shall terminate when the declaration has been rescinded or terminated _by similar
resolution or written instrument.
City of Cape Canaveral
Ordinance No. 16-2003
Page 3 of 5
3
(b) Notwithstanding the provisions in subparagraph (a) of this section, any
declaration of civil emergency imposed by the mayor or city manager shall be subject to
review by the city council at a regular or special meeting within twenty-four (24) hours of
such declaration or as soon thereafter as the city council can convene a meeting. The
city council shall review the declaration and determine whether a civil emergency exists.
If a civil emergency exists the_city council shall declare such emergency by resolution.
In any event, the declaration imposed by the mayor or city manager shall immediately
terminate at the time the city council makes the determination required_ by this
subsection.
Sec. 18-5. Sale of goods services, or materials at unconscionable prices.
(a) During a declared civil emergency, it shall be unlawful and a violation of
this chapter for a person or her or his agent or employee to rent or sell or offer to rent or
sell at an unconscionable price any goods, services materials, or essential commodes
within the area for which a civil emergency is declared.
(b) During a declared civil emergency, it shall be unlawful and a violation of
this chapter for any person to impose unconscionable prices for the rental or lease of
any dwelling unit or self-storage facility within the area for which o civil emergency is
declared.
(c) A price approved by an appropriate government agency shall_ not be a
violation of this section.
(d) For purposes of this section 18-5 the term "unconscionable" shall have
the same meaning and evidentiary standard set forth in Section 501.160, Florida
Statutes, as amended.
Sec. 18-6. Violations and penalties.
A violation of any provision of this chapter, or violation of any emergency measure
promulgated under this chapter, by any person, shall constitute a code violation and be
punishable pursuant to Section 1-15 of this Code.
Sec. 18-7. Authority; Governor's. President.
Nothing contained in this chapter shall be construed to limit the Governor's or the
President of the United States' ability to proclaim or terminate a state of emergency_
within the City of Cape Canaveral.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the
conflict.
City of Cape Canaveral
Ordinance No. 16-2003
Page 4 of 5
Section 4. Incorporation Into Code. This ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph number or letter and any
heading may be changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word
or provision of this ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, whether for substantive, procedural, or any other reason,
such portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this
day of , 2003.
Rocky Randels, Mayor
ATTEST:
For Against
Bob Hoog
Jim Morgan
Buzz Petsos
Susan Stills, City Clerk Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 16-2003
Page 5of5
Meeting Type: Regular
Meeting Date 06-03-03r.
AGENDA
Heading
Discussion
CAPS CANAVERAL Item 9
Nn.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION:REUSE DISTRIBUTION LINES
DEPT./DIVISION: PUBLIC WORKS/WWTP
Requested Action:
City Council review what streets should be incorporated in the next phase of reuse line construction.
Summary Explanation& Background:
The attached table is from the Brown&Caldwell Report outlining$645,158 worth of construction.
The public works director recommends Adams Avenue, Monroe Avenue, Tyler Avenue and Lincoln Avenue be
considered based on those individuals who have paid deposits and have been waiting for service.
Please advise.
Exhibits Attached:
Public works director's memo dated 05-28-03
Cityyanager's Office Department PUBLIC WORKS/WWTP
cape-nt\kim\mydocuments\admin\council\meeting\2003\06-03-03\reuse.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: May 28,2003
RE: Agenda Item Discussion item for April Yd 2002
Extension of the City of Cape Canaveral Reclaimed Water System
The Public Works Department budged funds for the evaluation of the City of Cape
Canaveral's reclaimed water system. As part of this study, Brown and Caldwell Engineering
evaluate the existing reclaimed water storage, pumping and distribution system. The goal of this
project is to identify improvements to the delivery of reclaimed water to the service area. More
so, with the information provided the City of Cape Canaveral would be able to have a better
understanding for City Council to make decisions.
Attached is a detailed Cost Estimate to extend the City's Reclaimed water mains along
each of the streets that are not currently serviced with reuse water. More so, the Public Works
Department listed the paid customers and potential customers for each street. Funds have been
budgeted within this year's Enterprise Fund in the amount of$200,000 of which $160,000 is
available.
The Public Works Department has targeted the following four streets having the highest
impact: Adams, Monroe, Tyler and Lincoln. Request City Council direction.
Table 3-1
Distribution System Expansion Evaluation
No. of
Potential Cost per
Street Block Length Unit Cost Cost Customers Customer Ranking
Johnson Avenue 100 464 $40.26 $18,680 2 $9,340 28
400 560 $40.26 $22,545 0 NA
Rosalind Avenue 324 $40.26 $13,044 5 $2,609 17
302 $40.26 $12,158 5 $2,432 16
292 $40.26 $11,756 6 $1,959 12
269 $40.26 $10,830_ 6 $1,805 10
315 $40.26 $12,682 6 $2,114 13
Adams Avenue 100 437 $40.26 $17,593 14 $1,257 2
Jefferson Avenue 100 443 $40.26 $17,835 11 $1,621 7
Madisson Avenue 100 443 $40.26 $17,835 6 $2,972 19
Monroe Avenue 100 437 $40.26 $17,593 0 NA
200 429 $40.26 $17,271 10 $1,727 8
300 450 $40.26 $18,117 2 $9,058 27
400 450 $40.26 $18,117 5 $3,623 21
500 261 $40.26 $10,508 1 $10,508 29
600 498 $40.26 $20,049 14 $1,432 4
Jackson Avenue 100 430 $40.26 $17,312 2 $8,656 25
200 409 $40.26 $16,466 11 $1,497 5
600 526 $40.26 $21,176 0 NA
Tyler Avenue 100 438 $40.26 $17,634 10 $1,763 9
200 424 $40.26 $17,070 13 $1,313 3
300 457 $40.26 $18,399 10 $1,840 11
400 332 $40.26 $13,366 6 $2,228 15
Polk Avenue 100 439 $40.26 $17,674 3 $5,891 24
500 488 $40.26 $19,647 0 NA
Taylor Avenue 100 449 $40.26 $18,076 0 NA
200 425 $40.26 $17,110 3 $5,703 23
300 452 $40.26 $18,197 1 $18,197 30
400 276 $40.26 $11,112 7 $1,587 6
500 511 $40.26 $20,573 0 NA
Fillmore Avenue 100 443 $40.26 $17,835 2 $8,917 26
Pierce Avenue 100 452 $40.26 $18,197 5 $3,639 22
400 549 $40.26 $22,102 0 NA
Buchanan Avenue 100 455 $40.26 $18,318 7 $2,617 18
Lincoln Avenue 100 450 $40.26 $18,117 6 $3,019 20
200 432 $40.26 $17,392 8 $2,174 14
300 306 $40.26 $12,319 10 $1,232 1
Harrison Avenue 500 508 $40.26 $20,452 NA
Totals 16025 $645,158 197
" Note: Rank for blocks without potential customers is assumed to be fast.