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HomeMy WebLinkAboutPacket 04-15-2003 c» A��s 9 City of Cape Canaveral carr of GAPE GANAVE RAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 15, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Spring Beautification Awards CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 18, 2003. 2. Lifeguard Services Contract with Brevard County in the amount of $10,244.00. 3. Bid Award #03-01; Fertilization, Insect, Disease and Weed Control of Turf Areas. 4. Proclamation for Space Congress Week. 5. Proclamation for Municipal Clerks Week. 6. Proclamation for the Florida Association of City Clerks' 30th Anniversary. 7. Proclamation for Arbor Day, 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 FAX(321) 799-3170 • VVWW.fcn.state.fl.uslcape e-mail: ccapecanaveral@cfl.rr.com ! - I Y,43:r i i✓ity of Cape Canaveral, Florida ;.'. City Council Regular Meeting _ April 15, 2003 Page 2 8. Resolution No. 2003-12; Reappointing a Regular Member to the Community Appearance Board, (Randy Camomilli). 9. Easement Agreement with Christ Lutheran Church of Cape Canaveral. 10. Easement Agreement with Jean Jones Porter. CONSIDERATIONS: 11. First Modification to Settlement Agreement with Blarney 67, Inc. ORDINANCES: Second Public Hearing: 12. Motion to Adopt: Ordinance 09-2003; Amending Section 910-171; Providing for Filing Requirements; Providing for the clarification of Code Requirements. ORDINANCES: First Public Hearing: 13. Motion to Adopt: Ordinance No. 03-2003: Amending Chapter 110 of the Code of Ordinances; Providing for Off-Street Parking Space Allocations within the C-2 Zoning District, Providing for Density and Height Requirements for Landscaping, Screening, Fencing, Walls and Hedges within the C-2 Zoning District; Providing for the Removal of Maximum Height Restrictions for Landscaping, Hedges and Vegetation Screening, for second reading. 14. Motion to Adopt: Ordinance No. 11-2003; Amending Section 38-2 Fire Safety Fees, Providing for Independent Plan Review, for second reading. 15. Motion to Adopt: Ordinance No. 10-2003; Amending Chapter 90, Article 11, Providing for the Definition of Base Flood Elevations, for second reading. RESOLUTIONS: 16. Resolution No. 2003-11; Expressing Opposition to Senate Bill 1164 and House Bill 113. City of Cape Canaveral, Florida :.. City Council Regular Meeting jr- April 15, 2003 "1 Page 3 REPORTS: 1. City Manager 2. Staff 3. City Council 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. MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: April 9,2003 SUBJECT: City Council Agenda Item for April 15, 2003 The Beautification Board voted on the Spring Beautification Award winners at their April 8" meeting. I would like to place this on the agenda for the City Council meeting of April 15, 2003 at the request of the Beautification Board. The winner is James P. Rhinehart, 252 E. Central Boulevard, Cape Canaveral—Single Family Beautification Award. CC: Susan Stills, City Clerk File CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 18, 2003 7:00 P.M. MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Council Member Bob Hoog Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Council Member Richard Treverton Council Members Absent: Council Member Jim Morgan Others Present: City Manager Bennett Boucher City Attorney Attorney Garganese City Clerk Susan Stills Fire Chief Dave Sargeant, CCVFD City Treasurer Andrea Bowers Building Official Todd Morley PRESENTATIONS: Student Art Show Award Winners, Business and Cultural Development Board. Mayor Randels announced the winners of the Annual Student Art Show and noted the winning displays in front of the dais. He read the names and the art teachers from the five participating schools: Cape View Elementary, Georgia Long Art Teacher; Roosevelt Elementary, Ms. Walz Art Teacher; Cocoa Beach Jr./Sr. High School, Carol Moss Art Teacher; Rockledge High School, Marlyn Foell Art Teacher and Merritt Island High School, Kim Koslosky Art Teacher. Mayor Randels announced the names and awards for the winning art work: Danielle Granier 12th Grader at Rockledge High School won 1"t Place for the Art Show Poster and a $100 Savings Bond; Christine Moore 12th Grader at Merritt Island High School won Judges Choice and a $100 Saving Bond; Brody City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 2 Heitman, Exceptional Education Student at Cape View Elementary School won Best-in- Show and a $100 Savings Bond; Richard Thorsen 6th Grader at Roosevelt Elementary won Best-in-Show and a $100 Savings Bond; Barbara Kalimnios 12th Grader of Merritt Island High School won Best-in-Show and a $100 Savings Bond; Brooke Allen Rockledge High School won Best-in Show and a $100 Savings Bond; Robert Peters 10th Grader at Cocoa Beach Jr./Sr. High School won Best-in-Show and a $100 Savings Bond. Ms. Carol Moss explained the detail behind the artwork's background in that the entire piece was created with dots and no lines. Mayor Randels thanked the Business and Cultural Development Board members and the participating schools for the event. 40tr' Space Congress Mayor Randels reported that representatives from the 40t" Space Congress request a waiver of the permit fee in order to erect a tent for the local winners of the science fair. These facilities provide a place to view the displays. The event is done at no charge due to local support from volunteers. Ms. Yvonne Parker and Mr. Richard Russell were in the audience on behalf of the 40th Space Congress. Mr. Treverton expressed his pride in having Cape Canaveral be chosen to host the event. Mayor Randels stated that a waiver would exclude the fee for erecting the tents but would not waive the electrical fee. Mr_ Morley stated that the building permit fee is for the structure. Mr. Russell stated that the organization is non-profit but also tax exempt. Mr. Paul Hurley inquired about the electrical fee and asked why that was not also exempted. He requested that the Council consider waiving the electrical permit fee as well. Main Motion: A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to honor the 40"' Space Congress and exempt the permits fees in the amount of $635 in order to erect tents. A motion to amend was made by Mr. Hoog and seconded by Mr. Treverton to waive the electrical permit fees in the amount of$90.00 for the electrical fees for the 4e Space Congress. The vote on the amendment to the main motion carried 4-0 as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. The vote on the main motion carried 4-0 as follows. Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 4, 2003. City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 3 2. Resolution No. 2003-09; Appointing an Alternate Member to the Planning & Zoning Board. (Dennis Jenkins) Mayor Randels asked if any Council members, 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 Mr. Hoog and seconded by Mayor Pro Tem Petsos to approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 4-0 as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 3. Motion to Approve: Annual Audit for the Year Ending September 30, 2002 as Presented by Bray, Beck and Koetter, CPA, P.A. Mayor Randels reported that the City had a clean report with no material findings to the credit of the Finance Department. Mr. Charles Koetter introduced himself and Ms. Yvonne Clayborough of the auditing firm. Ms. Clayborough reviewed a flowchart that details governmental requirements for the City's audit process. She highlighted that there were no instances of non-compliance and no material weaknesses of internal control. Ms. Clayborough related how the City had the foresight to set aside monies from the Sheriffs Fines and Forfeitures funds in lieu of a computer lapse at the County department. She commended the City for its fiscal responsibility. Ms. Clayborough reviewed the three most important highlights. First, the groundwork is laid for the Government Accounting Standards Board 34 Implementation. Second, unreserved fund balances were reviewed with the Council for a contingency fund. Ms. Bowers replied to Mayor Pro Tem Petsos that a policy is being developed for the unreserved fund balance. Third and last, she concluded that the City might want to revisit the Capital Asset Capitalization Policy. Ms. Clayborough reviewed the Unreserved Fund Balance chart and expressed the caution that removing one-time capital purchases reflects a break-even in expenditures versus revenue. The City exceeded the breaking point in comparison to other municipalities in total revenue to population. Although revenue benchmarks were achieved, the City has reached static revenue with an increase in services. Ms. Clayborough informed that revenues are increasing but at a slower rate. Mayor Randels replied to a previous question from Mr. Gene Petre that the City received less than $1 million dollars from property taxes in the year 2001. Ms. Clayborough stated that growth has an adverse affect on the system. Ms. Clayborough commented that during the audit process City staff is always cooperative and research City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 4 is helped with clean, organized data. Mr. Gene Petre commended Ms. Bowers and the Finance Department staff. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to approve the Annual Audit for the Year Ending September 30, 2002 as Presented by Bray, Beck and Koetter, CPA, P.A. The vote on the motion carried 4-0 as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For, Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Design Build Proposal for the North Ridgewood Avenue Stormwater Detention Basin, Stottler, Stagg and Associates in the amount of $37,000. Mr. John Pekar of Stottler, Stagg and Associates, explained that this a combination project that would be integrated into an open space park-like setting and would also intercept stormwater at the head of the system. This project is oriented toward grant funding. Mr. Pekar distributed photos of a similar project in Melbourne near the Rockwell building. Mr. Pekar replied to Mr. Treverton that the plan would disconnect the catch basin at the end of the cul-de-sac near the beach parking area in Harbor Heights. The project would extend just behind the dune line for about one and one-half to two acres. Mayor Pro Tem Petsos asked how Mr. Pekar planned to drain the water from the cul-de-sac into the basin since drainage flows from east to west. Mayor Randels replied that there is a storm drain at the end of the cul-de-sac that could be opened for the system. Mayor Pro Tem Petsos inquired how much drainage could be diverted into the area. Mr. Pekar replied about two acre feet of stormwater could be retained and infiltrated into the system. Mr. Pekar replied to Mr. Hoog that the pedway could be retained and the system would be a dry one on the east side of the pedway. Mr. Nicholas expressed that the Council should consider what is in the best interest of the City before further granting of utility easements. Mr. Treverton asked if a notice along with a sketch of the location could be distributed regarding the project. Mr. Pekar stated that the firm would coordinate meetings with the affected property owners. Mr. Pekar also thanked the Council and the City Clerk's office for the Board Appreciation Dinner. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve a Design Build Proposal for the North Ridgewood Avenue Stormwater Detention Basin, Stottler, Stagg and Associates in the Amount of$37,000. The vote on the motion carried 4-0 as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 08-2003; Providing for the Advance of Funds to Construct Required Sidewalks and Impose a Sidewalk Impact Fee. City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 5 Mayor Randels read Ordinance No. 08-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, RELATING TO SIDEWALK CONSTRUCTION; AMENDING SECTION 110-475 OF THE CAPE CANAVERAL. CODE TO INCLUDE PROVISIONS FOR THE CITY TO ADVANCE FUNDS AND CONSTRUCT REQUIRED SIDEWALKS WITHIN THE CITY AND THEN IMPOSE A SIDEWALK IMPACT FEE UPON NEW DEVELOPMENT ABUTTING THE SIDEWALK; PROVIDING FOR A METHOD FOR CALCULATING THE IMPACT FEE AND APPORTIONING THE COST OF SIDEWALK CONSTRUCTION TO PROPERTY OWNERS RECEIVING THE BENEFIT OF THE SIDEWALK; PROVIDING FOR SEVERABILITY; REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. Mayor Randels pointed out that the Building Official's previous question of how to monitor the fees was included in the ordinance. Mayor Pro Tem Petsos commended the City Attorney on drafting the ordinance and expressed his desire to see staff rigorously implement the sidewalk plan. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Adopt Ordinance No. 08-2003. The vote on the motion carried 4-0 as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANG S: First Public Hearing: S. Motion to Adopt: Ordinance No. 09-2003; Amending Section 110-171; Providing for Filing Requirements; Providing for the Clarification of Code Requirements, for second reading. Mayor Randels read Ordinance No. 09-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110- 171 OF THE CITY CODE; PROVIDING FOR FILING REQUIREMENTS; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; 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. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to approve Ordinance No. 09-2003 for discussion. Mayor Pro Tem Petsos asked for staff comment on Ms. Bowers' concern regarding regulation by City Treasurer's office. Mr. Boucher explained that the Board was looking for some mechanism to ascertain if the special exception requirement was being met. Ms. McNeely stated that the Board's goal was to cease the proliferation of alcohol only establishments. Mr. Nicholas said that the City has a 2,000-foot distance limitation in order to sell beer and wine and the State City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 6 has an SRX liquor license that absolves restaurants from the 250 seat capacity limitation with a requirement that 51 percent of revenue from food must be shown at some time. However, he was not aware of how the State requires such reporting or if it was at the time of the annual license renewal. Mr. Nicholas explained that the City attempted to pattern its reporting in the same manner as the State. Mayor Randels stated that the burden was put on the City Treasurer's office to demonstrate that the requirement was being met at the time of the occupational license renewal. Ms. Bowers explained that the ordinance allowing for the special exception sets up the procedures through the requirement of an affidavit. The City could call forth records at any point and if compliance is questionable, Code Enforcement could regulate and the Finance Department would audit. Discussion followed on how a restaurant would submit proof of compliance to the special exception. Mayor Randels asked what initiated the proposed action. Ms. McNeely explained that a special exception was granted to a gentleman who sells antique beer that is not consumed but collected. Mr. Treverton suggested proceeding with the amendment to the language regarding the scale of the plan. Mayor Randels referred to Paragraph 3, Item 5 "a building floor plan shall be of a scale of not less than 1f8 inch equals one-foot," amended to read "shall be of a scale appropriate for the establishment but in no case shall the scale be less than 118 inch equals one-foot and shall detail room layouts and exits." Mayor Randels said that the change to A2(5)c is that the vicinity map, site plan map and building floor plan shall accompany each application. Attorney Garganese stated that the language in this ordinance would amend Section 110-171, Subparagraph A2(5)c. A motion to amend was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to read, "the building floor plan shall be of a scale appropriate for the establishment but in no case shall the scale be less than 1/8 inch equals one foot and shall detail room layouts and exits." The vote on the motion carried 40 as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Mayor Randels read the Council's request to insert in Paragraph 3 that, uthe owner of the restaurant shall submit at the time of application for special exception a signed affidavit attesting to the compliance of the required percentage." A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to amend Section 2(c )3 by inserting the requested language. Mayor Randels clarified that the deleted language read, "occupational licenses shall not be renewed without the filing of such affidavit. Mr. Hoog inquired who would regulate and how would the ordinance provide the leverage to regulate. Attorney Garganese replied that failure to provide the records requested shall be cause for revocation of the occupational license and the special exception granted under this section. Mayor Randels stated that it is the owner's burden when an affidavit is filed that an agreement is made to produce the records. Attorney Garganese stated that the problem with the affidavit is that the requirement is stated in the middle of paragraph with conditions above and below it. The purpose of the affidavit City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 7 is for the person to agree to allow the City to review the records and they agree that should they not meet the 51 percent requirement, the City has the right to revoke the occupational license and revoke the special exception. He stated that the ordinance could be redrafted and returned for a first reading. Attorney Garganese related that he litigated the Rachel's case in Casselberry that was relative to the validity of using receipts to ascertain the 51 percent food sold rule. Ms. Bowers suggested that the City draft an affidavit that outlines the agreed upon terms of the special exception. Mayor Pro Tem Petsos asked if the City Attorney could also include vendor invoices relating to food to the records submitted. Attorney Garganese would submit at the next scheduled meeting another draft of the ordinance due to the number of amendments. The ordinance failed for lack of a motion on the main amendment. RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2003-10; Legal Services Contract with Brown, Ward, Salzman, Weiss, P.A. Mayor Randels read Resolution No. 2003-10 by title. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA APPOINTING ANTHONY A. GARGANESE AND THE LAW FIRM OF BROWN,WARD, SALZMAN,WEISS AND GARGANESE, P.A.AS CITY ATTORNEY FOR THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels reviewed some of the highlights of the Contract such as: an expense limit for legal litigation services of$5,000 after which the Council would decide whether or not to continue to litigate a case, quarterly legal reports, continuing service with a 60- day written notice of termination, insurance under the law firm endorsing the City, two free seminars and assistance during City Government Week. Mr. Treverton requested to amend the approval to include Attorney Garganese's name to the partnership. Mayor Randels inquired about the Termination Agreement and asked why the City does not give the Attorney 60-days notice. Mr. Boucher advised that limited notice is acceptable. Ms. Bea McNeely asked if there were any stipulations in the contract that expressly state which attorney would attend Board meetings. Ms. McNeely expressed that she would prefer that Attorney Garganese attend the Planning and Zoning Board meetings for continuity sake. Mayor Randels said that he could see the validity of using the same attorney at the Board meetings, but he brought out that using Attorney Garganese's assistant might provide a lesser cost for legal counsel. Attorney Garganese stated that Attorney Buak is the only other attorney who would attend some of the Board meetings. He stated that Attorney Buak is a good local government attorney and he is expected to become Board Certified in Local Government in May. Mayor Pro Tem Petsos inquired if City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 8 the City would be billed in order for the attorneys to confer between meetings. Attorney Garganese replied no. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve the Legal Services Contract with Brown, Ward, Salzman, Weiss and Garganese, P.A. The vote on the motion carried 4-0 as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 8. Review of Manatee Park Pavilion Preliminary Plans. Ms. Hanson described the pavilion using a detailed drawing. Mr. Hoog inquired about storage space. Ms. Hanson replied that basically storage is available for janitorial supplies. Mayor Pro Tem Petsos inquired about the timeframe for completion. Ms. Hanson anticipates start-up this summer. Mr. Treverton inquired about ventilation. Mr. Morley said that there are louver doors and a mechanical exhaust system. He expressed that they did not choose to make comfort too optimal in the bathroom area. Ms. Hanson said that she did not desire to encourage any illicit activity in the restrooms and she plans to lock the facility after hours. Council members expressed their support to proceed with the pavilion project. REPORTS: I. City Manager • Mr. Boucher announced a County sponsored Emergency Management Seminar entitled "How to Survive a Disaster" on March 261'. • Mr. Boucher reported that the Port Commission plans to consider changes to the AIA overhead sign and include Cape Canaveral at its next meeting. • Mr. Boucher reported that he is working with John Pekar, Mr. Campenetti and another staff person from SSA on facilities planning. He is also working on a needs assessment for the Fin; Station with Chief Sargeant. The plan is to compile an assessment of all City facilities. • Mr. Boucher thanked the City Clerk's office for a well-attended Board Appreciation Dinner. • Mr. Boucher stated that he forwarded E-mail from the City of Cocoa Beach on the reuse issue that included a two-year extension of the contract. He asked that the Council consider what has transpired so far. Mr. Nicholas asked if there were a provision in the present agreement that if the City begins to charge Canaveral residents for reclaimed water, Cocoa Beach would also pay. Mr. Boucher replied no. 2. Staff City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 9 City Treasurer • No report. Recreation Director • No report. Building Official • Mr. Morley thanked the Council for meeting with him during the Building Official interview process. City Engineer • Mr. Pekar said that stormwater would also be considered as part of the reuse system in the future. City Clerk • No report. City Attorney • City Attorney reported that the Planning and Zoning Board agreed that the Shores of Artesia site plan was vested. • City Attorney encouraged the Council to review some of the legislation that would have a major impact on municipalities such as the Cancer Disability Presumption Bill for Fire Fighters and Paramedics, the Wireless Communications Tower Bill which would grant cities zoning authority with respect to approving towers for wireless communications and the Municipal Per Diem and Travel Allowance in which the Attorney General reversed his opinion and states that cities are limited to the per diem as required in State statutes. The League of Cities is attempting to promote a bill that clarifies the cities home rule powers to adopt their own reasonable rate. Also, there is a private property rights act bill amending the Bert Harris Property Rights Act that would waive the cities right to sovereign immunity. The League is asking cities to adopt a resolution to oppose this change. Mayor Pro Tem Petsos gave the City Manager a copy of the Bert Harris Rights bill and the Act from the City of Miami. • City Attorney reported that he is progressing with the Code amendments and new ordinances would be submitted at the next Council meeting. City Attorney reported that he is using wireless communication during the Council meeting that allows him access to legal databases as well as to send E- mail. AUDIENCE TO BE HEARD: • Mr. Gene Petre inquired about the Cape Shores address reassignment and asked if the City had proceeded. Mr. Boucher affirmed. City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 10 • Mr. Petre inquired when the smoking ban would come into compliance. He was told July 2003. • Mr. Petre asked about regulating motorized scooters. Mayor Randels replied that the Attorney General's opinion had been overturned. Mr. Boucher explained that the overturned opinion stated that the Department of Motor Vehicles would not license or regulate them. • Mr. Nicholas thanked the City for the Annual Board dinner. • Mr, Nicholas related that the Beautification Board received a cost estimate from Stottler, Stagg and Associates of$36,500 for the City sign. Mr. Boucher responded that a private firm submitted a bill for approximately $70-to 100,000 for the original concept. Mr. Pekar replied that cost were $80- to 100,000 for a design build of the original concept. Mayor Randels asked Mr. Nicholas if the Beautification Board would be amenable to landscaping. 3. City Council Mr. Hoog • Mr. Hoag thanked the Clerk's office for the Board Appreciation dinner. • Mr. Hoog commented on the Mayor's letter of support to the Melbourne Airport. • Mr. Hoog attended the League of Cities dinner. • Mr. Hoog also commended the Beautification Board for the appearance of the Al corridor. Mr. Treverton • Mr. Treverton credited Mayor Pro Tem Petsos for the initial concept of sidewalk impact fees. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos reported that he plans to attend Legislative Action Days in Tallahassee and Mayor Randels also plans to attend. Council members suggested canceling the City Council meeting on April 1 st. A motion was made by Mayor Randeis and seconded by Mr. Hoog to cancel the City Council regular meeting on April 1, 2003 due to the lack of a quorum. The vote on the motion carried 4-0 as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. • Mayor Pro Tem Petsos related that Commissioner Sasso requested of Cocoa Beach's City Manager that the two city's Beautification Boards work together and incorporate the landscaping project into Cocoa Beach. • Mayor Pro Tem Petsos inquired about the dune crossover sign and expressed to see a brief message on the sign. City of Cape Canaveral, Florida City Council Regular Meeting March 18, 2003 Page 11 • Mayor Pro Tem Petsos reported on additional fire grant money through the Homeland Security Act. Mayor Randels • Mayor Randels displayed a photo of the City sign with the memorial wreath. • Mayor Randels inquired about preparing the agendas one week in advance and asked if other Council members desired to continue this process. The process will continue. • Mayor Randels reported that fill dirt from the High Point site in Cocoa was used in Cape Canaveral. • Mayor Randels reported that the City officially gave $7,200 for the TRIAD Identification bracelets. He stated that a previous pledge for $800 from the City for a video prompted payment prior to publishing of the check presentation photo. Mayor Randels asked to know if the $800 promised for the video in 1999 was paid. • Mayor Randels reported that residents are still resolving the peacock situation. • Mayor Randels reported on the dedication of the U.S.S. Mason, Saturday, April 12th. • Mayor Randels interviewed consultants along with the Economic Development Corporation from Washington, D.C. as part of a base realignment and closure committee to show the importance of retaining Patrick Air Force Base. Mayor Randels reported that 25 percent of the bases nationwide would be closed. One of the high criteria is the return on investment for the sale of this property. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10;00 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date 04-15-03 Pi AGENDA Heading Consent MYOF CAPE CANAVERAI. Item 2 No, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: 2003 LIFEGUARD CONTRACT WITH BREVARD COUNTY DEPT./DIVISION: PARKS&RECREATION Requested Action: City Council approve the 2003 Lifeguard Service Contract with Brevard County in the arnount of$10,244 as recommended by the recreation director, Summary Explanation& Background: The City budgeted $9,858; an additional$386 will be appropriated from contingency. The contract is for the same level of service we had last year. I recommend approval. Exhibits Attached: I Recreation Director's memo dated 03-24-03/contract City M Office Department PARKS&RECREATION 11\council\meeting\2003\04-15-03\iifeguard.doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 N.ATLANTIC AVENUE * P.O. BOX 326 (321) 868-1227 E-mail address: par1au-eeC&earth1hdiLnet MEMO TO: Mayor, Counellmembers and City Manager FROM: Nancy Hanson,Parks &Recreation Dept/i` DATE: March 24,2003 ` RE: 2003 Lifeguard Service I have reviewed the 2003 Lifeguard Contract from the county and Hud it to be identical in scope to the 2002 contract. The guard tower will be located on Tyler Avenue. One guard will man the tower and there will also be a roving guard on duty. Weekend&holiday service (10:00 a.m.-5:00 p.m.) is to begin on April 5'b, 7 day a week service will begin on May 22" (last day of school is May 21`) then back to weekends only when school resumes on August 6 . Final day for guard service will be on Labor Day, September 1 . Fee increase is slightly more than what was budgeted, 810,244.00. This is a 5%increase,I budgeted 3%. I recommend that this contract be accepted. AGREEMENT THIS AGREEMENT, made and entered into this day of , 2003, by and between the CITY OF CAPE LANA VERAL, FLORIDA, a municipal corporation existing under the laws of the State of Florida, hereinafter referred to as "City" and the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "County". WITNESSETH: WHEREAS, the City is desirous of obtaining the services of the County in providing qualified personnel for lifeguards at designated recreation facilities; and WHEREAS, the provision of such services by the County will mutually benefit the parties hereto and the residents of Brevard County, Florida; and WHEREAS, the County may provide parks, preserves, recreation areas, and other recreational facilities as well as ambulance service and health and welfare programs pursuant to the provisions of Section 125.01 (1 )(b), (f), Florida Statutes. NOW, THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between the parties as follows: I. TERM: The term of this Agreement is for the period commencing April 5, 2003 (10:00 a.m.) and terminating September I, 2003 (5:00 p.m.). The County hereby agrees to provide USLA (United States Lifesaving Association) and First Responder Certified lifeguard services for that portion of the City of Cape Canaveral as described in Section 3 for the period commencing April 5, 2003 (10:00 a.m.), and terminating September 1, 2003 (5:00 p.m.). 2. PAYMENT: For the services outlined herein, the City shall pay to the County Ten Thousand Two Hundred Forty Four Dollars ($10,244.00). Such payments are payable in six (6) monthly payments due on the last day of each month. The first payment is due on April 30, 2003, and the final payment is due on September 30, 2003. 3. SERVICES: A. The County agrees to provide all personnel and equipment, and USLA and First Responder Certified lifeguard services between the hours of 10:00 a.m. and 5:00 p.m., as provided below, or at such other times mutually agreed to in writing signed by both parties within the following area: I . Tyler Avenue within a portion of the beach 75 yards north and south of one (l ) staffed tower in this location. B. The above referenced area will have one (l) staffed tower (one (l ) person) located at Tyler Avenue and, additionally, there will be one (l ) Roving Patrol (one (1) person) on duty. C. Said personnel shall be on duty weekends and holidays from 10:00 a.m. until 5:00 p.m. daily for the period commencing April 5, 2003 and ending September 1, 2003, on the weekdays from 10:00 a.m. until 5:00 p.m. daily, beginning May 22, 2003 and ending August 6, 2003. D. The parties hereby mutually agree and understand that in the event of inclement weather or any other incident or occurrence which, in the sole discretion of the county, requires the closing of all or part of said beach for the protection of the public, the County may discontinue all or part of its lifeguard services in the affected areas for the duration of such condition, incident or occurrence. The County hereby agrees to cooperate fully with the City in all matters relating to the safety of said beach and the performance of the services herein set forth. The City and the County mutually agree that the County will provide radios and training to insure that the lifeguards have the capacity to contact Brevard County Dispatch. Response by lifeguards to emergencies occurring at adjacent beaches will be in accordance with procedures established by the county. E. The parties agree and understand that in the event of a water related incident, the Brevard County Lifeguard Division personnel will maintain command/control of the scene until the victim(s) is removed from the water. 2 After the victim(s) is removed From the water, the incident command/control of the scene will transfer to the law enforcement agency with jurisdiction of the location of the scene and/or Fire/Rescue. If the victim(s) has been removed from the water, but the law enforcement agency or Fire Rescue has not yet arrived on scene, then the Lifeguard Division will continue to maintain incident command/control of the scene until law enforcement or Fire/Rescue arrives. In search and rescue operations and body recovery, the officer in charge from the Brevard County Lifeguard Division will relinquish incident command/control of the scene to the law enforcement agency with jurisdiction in the area. In medical emergencies, victim/patient care will be immediately transferred to the most qualified BLS/ALS provider. In such circumstances that the BLS/ALS provider has begun resuscitation efforts upon the victim/patient, having determined that the victim/patient has no respiration and no pulse, the law enforcement agency with jurisdiction in the area of the scene may take incident command/control of the scene, declare the scene a crime scene, and direct the resuscitation efforts by the BLS/ALS provider be terminated. Linder such circumstances that the law enforcement agency takes command/control of the scene, the agency shall have complete responsibility for the scene. 4. LIABILITY AND INSURANCE: A. Each party is independently liable for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. B. The parties further agree that nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity or statutory limitations of liability under Section 768.28, Florida Statutes by either party. 3 C. Each party shall acquire and maintain throughout the term of the Agreement such liability insurance or self insurance as required to respond to their obligations under this Agreement and Section 768.281, Florida Statutes. S. ASSIGNMENTS: Neither the city nor the County, its assigns or representatives, shall enter into any agreement with third parties to delegate any or all of the rights or responsibilities herein set forth without the prior written approval of the other party. 6. AUDITING RECORDS AND INSPECTIONS: In the performance of this Agreement, the City shall keep books, records, and accounts of all activities, related to the Agreement, in compliance with generally accepted accounting procedures. Books, records, and accounts related to the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the City for a period of three (3) years after termination of this Agreement. All books, records, and accounts related to the performance of this Agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. No reports, data, programs or other materials produced, in whole or in part for the benefit and use of the County, under this Agreement shall be subject to copyright by the City in the United States or any other country. 7. ASSIGNABILITY: The City shall not assign any portion of this Agreement without the written permission of the County. 8. JURISDICTION., VENUE AND CHOICE OF LAW: All questions pertaining to the validity and interpretations of this Agreement shall be determined in accordance with the laws of the State of Florida. Any legal action by either party against the other concerning this Agreement shall be filed in Brevard County, Florida which shall be deemed proper jurisdiction and venue for the action. 9. ENTIRE AGREEMENT: This Agreement, including the exhibits, riders, and/or addenda, if any, attached hereto, sets forth the entire Agreement between the parties. This Agreement shall not be modified except in writing and executed by all parties. 4 10. TERMINATION: Violation of any material provisions of this Agreement shall result in its termination upon 30 days written notice thereof to the breaching party. Upon termination of this Agreement, the balance owed the County shall be prorated, due and payable within fifteen (l 5) days of receipt of same by the City. 11. NOTICE: Notice under this Agreement shall be given to the County by delivering written notice to the Office of the County Manager, 2725 Judge Fran Jamieson Way, Building C, Melbourne, Florida 32940, and notice shall be given to the City be delivering written notice to the City Manager, City of Cape Canaveral, Municipal Building, 105 Polk Avenue, Cape Canaveral, Florida 32920. 12. MODIFICATION AND DEFINITION OF CONTRACT: The parties agree that there are no other terms or agreements other than as contained herein. No additional verbal or oral representation shall be effective unless reduced to writing and executed by both parties. 13. ATTORNEY'S FEES AND COSTS: In the event either party initiates legal action to enforce this contract, each party shall bear its own fees and costs, and any trial shall be non- jury. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. By: Tom N. Jenkins, County Manager Reviewed for legal form and content: (Assistant County Attorney) WITNESSES: CITY OF CAPE CANAVERAL, FLORIDA By: Bennett Boucher, City Manager 5 -it rutJL_l 1. :DH-t I Y 487 533 2057 P.03/05 HOA1 v OF coLWYT colwssromn?s V INITIAL CONTRACT FORM --TioN i The following information must be completed on all new contracts submitted to the Board: FVu tor. C, 0 f count#-. Xt2�jj t- tJ 3 division Name. 4. Contract Description_ et t'c_e S. Contract Monitor: �, 6. Mai!stop{F. 50 7. Deptft7fce director_ S. Gass Code- ACTION f)ATE: 30 days float entry ACTION REQUIREMENT: Need complete data SECTION 11 The following departments must approve all contracts submitted to the Board: APPROVAL C Q_V ND LO-E I QE ye.15 no INITIALS Qate User Agency Risk Management County Attorney User Agency any office denies approval, the package will be retumed immediately to the User Agency. OTE: This form should be attached to all new contracts being submitted to the Board far approval. Ater the contract has been approved, the contract package, including this form, will go to the Clerk to the Board The Clerk's office will then forward the Initial Contract Form to Contracts Administration and the contract will he entered into the Contract Monitoring System, nis initial entry will generate an entry on your monthly contracl report and the first report will always show a "Required,4ction"for the contract. See BC-20 for additional information. EXEIBIT I 4 E Meeting Type: Regular :5 40 Meeting Date 04-15-03 H, AGENDA 'tiyxje ,.:s. m; Heading Consent •.S:ir. s.sn�..r_. CffY OF CAPE CANAVERAL Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BID AWARD NO. 03-01, FERTILIZATION, INSECT, DISEASE AND WEED CONTROL OF TURF AREAS DEPT./DIVISION: PUBLIC WORKS/BEALMFICATION Requested Action: City Council consider the award of Bid No. 03-01 to Black's Spray Service in the amount of $12,030 as recommended by the public works director. Summary Explanation& Background: Sec attached memo. I recotmixnd approval. Exhibits Attacher!: Public Works Director's memo dated 03-27-03 City Mana Mee ,.�� Department PUBLIC WORKSBEAUTIFICATION cape- am\raydoc e a n\council\meets 2003\09-15-03103-01.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 27, 2003 SUBJECT: City Council Agenda Item for April 15, 2003 Bid Award 03-01, Fertilization, Insect, Disease, and Weed Control of Turf Areas Two (2)bids for the Fertilization, Insect, Disease, and Weed Control of Turf Areas, Bid #03.01 were received; Black Spray Service in the amount of$12,030 and TrueGreen Chemlawn in the amount of$14,358. A summary of these is attached. A third bidder, Massey did not meet the required bid date. The Public Works Director and City Clerk reviewed the bids. More so, staff had conversations with the all the vendor that had concerns. The scope of this bid is to provide fertilization, insect, Disease and weed control of turf areas with the City of Cape Canaveral. This bid is an annual contract, not to exceed five (5) years. The lowest bidder, Black Spray Service, has serviced the City of Cape Canaveral for over three years, hence has a strong knowledge of the scope of work. The work performance of this firm is excellent. Black Spray Service, Inc meets the bid requirements Recommend awarding Bid 03-01 to Black's Spray Service in the amount of$12,030. Attachments CC: File BID TAB SHEET GRAND TOTAL I. PART I — FERTILIZATION INSECT DISEASE AND NEED CONTROL $5 , 250.00 A. Mole Cricket Treatment, Infield/ 300.00 Ball field only 6 @ $50.00 B. Fire Ant Treatment, Playground 450.00 Only 6 @ $75.00 II. PART II — FERTILIZATION OF ORNAMENTALS 11150.00 III. PART Ill — FERTILIZATION OF TREES 880.00 IV. PART IV — HERBICIDE APPLI- CATION TO LANDSCAPED BEDS 4,000.00 TOTAL OF AREAS I, II, IH, AND IV $12,030.00 Contractor Infornzation: Name: BLACK 'S SPRAY SERVICE Responsible Party: TERRY KENNEDY Address: 3625 NORTH COURTENAY PARKWAY _ MERRITT ISLAND, FL 32953 Phone: 452-4911 BLACK'S SPRAY SERVICE, INC. Serving Brevard County Since 1952 321-452-4911 3625 N.Courtenay Pkwy. Fax 321-452-0570 Lawn Care and Merritt Island, FL 32953 Pest Control March 12, 2003 City of Cape Canaveral City Clerk' s Office 105 Polk Avenue Cape Canaveral, FL 32920-0326 Re : Fertilization, Insect, Disease, and Weed Control of Turf Areas, Bid #03-01 Black's Spray Service is very interested in again becoming the contractor for the referenced contract services . We are located on Merritt Island and have been in the lawn care and pest control business for 51 years. We were the contractor for all of the Bid services from 1993 through 1998 and in 2000 and 2001 . I have also included a copy of Ed Gardulski ' s letter welcoming `us to bid. All of our work is performed by fulltime company employees and no subcontractors are used. We have many large customers with service requirements similar to the City' s. The three customers listed below are Homeowner Associations where we perform fertilization, insect, disease, and weed control services for the turf areas. COUNTRY WALK. . . SUNTREE, 134 homeowners with six services per year identical to your requirements has been a customer since 1994. Contract exceeds $ 8,000 per year. Ed Murphy, a homeowner, at 255-0428 is my primary contact. BLACK'S SPRAY SERVICE, INC. Serving Brevard County Since 1952 321-452-4911 Fax 321-452-0570 3625 N.Courtenay Pkwy. Lawn Care and Merritt Island, PL 32953 Pest Control LAKE POINTE. . .SUNTREE, 132 homeowners with six services per year identical to your requirements has been a customer since 1993 . Contract exceeds $ 10,000 per year. Paul Bashan, a homeowner, at 254-7219 is my primary contact. LOST LAKES—COCOA, 100+ homeowners with six services per year identical to your requirements has been a customer since 2000 . Contract exceeds $ 10 ,000 per year. Tom Powell , a homeowner , at 632-2175 is my primary contact. Ocean Woods, a large homeowner property in Cape Canaveral has also been a customer since 1993. A certificate of insurance for worker 's compensation and liability coverage is included. We want to be the contractor for this bid and to continue the relationship we have had for the past ten years. 1 look forward to working with you in the future. Sincerely, Terry Kenne President JA C PROL CERTIFICATE OF LIABILITY 1NSURANCF.OPID P DATE(MMlDDIYY) CR-6 12/20/02 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Atlantic Pacific Insurance-PBG HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 11382 Prosperity Farms, #123 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Beach Gardens FL 33410 PhonE:: 800-538-0487 Fax:561-626-3153 INSURERS AFFORDING COVERAGE INSURED INSURER A: Associated Industries of FL INSURER B: Black's Spray Service Inc, INSURER C: 3625 N. Courteney Parkway INSURER D: Merrit Island FL 32953 INSURER E: COVERA,GES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY RE DUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PE RTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE.TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIE S.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY FE TIVE P F PIRATION LTR DATE(MM PATE IMMIDDIW LIMEYS GET ERAL LIABILITY EACH OCCURRENCE b COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE 1:1 OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEr'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ POLICY PRO LOC PRO —1 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person} HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE ; (Per accident) GAF AGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WOI,KBRS COMPENSATION AND TORY LIMITS I ICER _ A EMF LOYERS'LWBILITY 20033254.46 01/01/03 01/01/04 E.L.EACH ACCIDENT $ 100000 E.L.DISEASE-EA EMPLOYE $ 100000 E.L.DISEASE,POLICY LIMIT $50()000 OThER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUStONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER K ADDITIONAL INSURED;INSURER LETTER: CANCELLATION IARWD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,13UT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER.ITS AGENTS OR REPRESENTATIVES. F ZED REPRESENTATIVE J. Newman ACORD 15S(7197) ©ACORD CORPORATION Im CERTIFICATE OF INSURANCE Issue Date May 22, 2002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND JRL'A-I' SCOT! INSURANCE, INC. I CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 1 '15S Netro Parkway, Ste. 28A I DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THF. Ff . Myers, F1, 33912-8302 I POLICIES BELOW. L'hone: l--?39y5a1-3400 (861)}927-0418 — fax: (2391561 0496 companies Affording Coverage www..35iinsurance-cool - Company Letter A: TIG INDEMNITY COMPANY indu;"t I Company Letter B: :;[.ACE'S SPRAY SERVICE, INC. Company Letter C: N. Courtenay Pkwy ,Ne t':,C island. FL 32953-8104 Company Letter D: Company Letter E: Coverages 1'H IS IS 'I'O .CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN1111-A'i'ED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 'PHIS i;RI'1FSCATF MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE. TERMS, E'\CLI'SIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. "._,. Pol. Eft. I Po1.Exp. � tIn Thousands) �-- 1.1-1 Type of Insurance I Policy Number I Date I Date Limits of Liability A IGe,)e;al Liability T639261601 105/13/02 f 05/13/03 (General Aggregate $2,000 Il 1 C:onaueicial General Liability ( # (Product-Comp/Ops ( ) Claims Made (Xl occur. I (Aggregate $2,000 I ( ) Owner's & Contractor's Prot. I + IPersenal & � I ) Special Classifications ' (Advertising Injury $1,000 I (Each Occurrence $1,000 ' I IFire 13amage I I I (Any One Fire) $50 III (Medical Expense i I I (Any One Person) $5 _.- 1Aut0111obXIe Liability I .�._.... - I (Combined Single '----------- � I k $500 Ded, Coll, I I I (Limit $ jl ) $500 Deo. Comp- I i I (Bodily injury � I 3 Hired Autos I I I ( (Per Person) $ � 1 1 Nan-owned Autos I I I (Bodily Injury I1 I Autos Specified on Schedule I I I ( (Per Accident) $ I I I (Property Damage $ IL'scess Lidbrlity I — I I I I Each I T-T.- iI I Umt+relia Ebrm I I I I Occurrence (Aggregate ! 1 I Other Than Umbrella Form I I I I $ I$ .. + Worker's Cnmpensation i I I I Statutory i And I I I I$ (Each Accident) I I I I 11I$ (Disease-Policy Limit) Employer's Liability I I I j$ (Disease-Each Employee} inland Marine I I I Is A jLroperry I 31423379 105/13/02 105/13/03 $170 (Building) 1$25 (Contents) DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS EST CONTROL OPERATION. Certificate Holder Cancellation I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL, 14 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.', BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES- ( Authorized resentative , BID TAB SHEET GRAND TOTAL I. PART I - FERTILIZATION, INSECT ANNUAL '_TOTALS DISEASE, AND WEED CONTROL $6,018-00 A. Mole Cricket Treatment, Infield/ sion_an - Ball field only B. Fire Ant Treatment, Playground $90.00 Only II. PARI' II - FERTILIZATION OF ORNAMENTALS $1 ,500.00 III. PART III - FERTILIZATION OF TREES $1,160.00 IV. PART IV — HERBICIDE APPLI- CATION TO LANDSCAPED BEDS TOTAL OF AREAS I, II, III, AND IV Contractor Information: Name: TRUGREEN CHEMLAWN Responsible Party: MITCH KERANS Address: 5120 COMMERCIAL DR. MELBOURNE FL. 32940 Phone: 321-757-0700 WHEREAS, the 4e Annual Space Congress is one of the oldest and most established forums of its kind; and WHEREAS,the Space Congress,NASA and aerospace community are also commemorating the 40th anniversary of the John F. Kennedy Space Center and 100 years of heavier than air flight; and WHEREAS,the Space Congress seeks to continue exploration and development of space, in honor of the Challenger and Columbia crews, through its presentations, discussions, exhibits and regional science fair; and WHEREAS,the Space Congress will touch lives locally and internationally as a meeting place for the leading authorities from different arenas in the field of space exploration; and WHEREAS, the Space Congress is an annual tradition that helps the participants to reflect on the accomplishments and determine the challenges of the space program; and WHEREAS, the theme for this year's Space Congress "Linking the Past to The Future. A Celebration of Space" recognizes the accomplishments over the last 40 years and conveys the expectation of space as a part of our future. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim April 2e through May 2nd, 2003 as SPACE CONGRESS WEEK JT 4?0�rH SPACE CONGRESS Unking the Past to the Future - A Celebration of Spece GFKRA�CHAIR K%win H05hmmsaor The SO&P CQMWY ASPSTANT TO GENERRAt.CHAIR Laurie MC106nus Ttw►Aoaing Ct7+npalny VICE CHAIR NSA°_�, 25 February, 2003 ASSISTANr TO vice CHAIR t2"' Irsmenits 091P CHAIR Sharon Ra[triguog -IMP)ur'PRO&Wv CCTSCmfR Mayor Randels: usfaa Kaenit� 1.r111 C Pv1lg C` � Thanks for supporting this year's Space 17taxton saft&Wrofto CCTS FINANG7IE >Hery Congress. ftlyffs$poa DMrow Ravwtoe CCTV 10V Woo a1 ad Y$LOAHEk 1T O�al+nC Attached is a proposed draft of a Flodda Solar Snptgy cenrar PROGMM proclamation we'd be honored to have you jamse-Chetan Thu ER ffw C'nrnptary /� open PUBLICITY read as �■a cut the ribbon to open the Tho Sawing t7onmtany EXHIBIT$ congress on A-prit 2�3 LE E. Please let me know ThsBoeirD!Company It It is acceptable, and 1- look forward to TECHNICAL PAPEAS M�Oba919ep rneettng you soon, �- IVASR NRS WCAL 4UPPART Cheryl Ford Naso CZ LOGAt:.ACCgAII#t10L1ATIpN3RayTherps P) � Ttta Boeing cnrtgvllny 4r�!',��('p/"' � 62- LOCAL Smri TAl1TY tsu�d Stanley tlMO SNALITRUS pce ApQN10T10NAl.IT$M$ Pam Strata Con�rrtla+Tt RROISTR&TION /) .NK104 f*14ki'M Hou1ed $CIi`14C1E FAIR [;gTor DAV;3 S4haa!80ford 4f fkVr and .. PUBLICATIONS nova SDvpravco tnDyna.mr. EXHIBIT FACi1AES Yvonnof rker NASA ($QLF cF� LISO Wi�richt un1tB�S/?aCSNrf»nrro+ P.U. Bax 32'1333, Cocoa Oeach, FL 32932 RECORDING'WRETARY Phone(32_.1)868-1623 Fax (32"1)783-5579 lauae hkM11nuk T The 800bigCompoly WWVv_SP&C.e0Dngr0eS.0rQj �rar as• ab�a 39ss ID-L 4PUI m 498 ZZ &10-,S,3 s 6--J sr:sa :�� ��i•�tid �kiltf.i �x WHEREAS,the 40'h Annual$PACO Congress is one of the oldest and most established forums of its land; and WHEREAS,the Space Congress,NASA and aerospace community are also commemorating the 4oth anniversary of the John F. Kennedy Space Center and i-oo years of heavier than air flight; and WHEREAS,the Space Congress seeks to continue exploration and development of space, in honor of the Challenger and Columbia crews,through its presentations,discussions,exhibits and regional science fair; and MMR 4$,the Space Congress will touch lives locally and internationally as a meeting place for the leading authorities ficonn different arenas in the field of apace exploration;and WHER94S,the Space Congress is an annual tradifiion that helps the participants to reflect on the accomplishments and determine the challenges of the space program;and WHEJ?EAS,the theme for this year's Space Congress"Linking the Past to The Future: A Celebration of Space"recognizes the accomplishments ever the last 4o years and conveys the expectation of space as a part of our future. NOW, 7WEREFORE,1, Rocky Randels,Mayor of the City of Gape Canaveral,Brevard County, l'lorida,do hereby proclaim.April 28th through May 2na2.2003 as SPACE CQNGRXSS WEEK 20'd SVE18989 01 Lt?-,r 499 T2E sdo/" 00sa Nd O-G:ST 20 32 92 SAJ WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do recognize the week of April 27 through May 3, 2003, as Municipal Clerks Week In the City of Cape Canaveral, and further extend appreciation to our Municipal Clerk, Susan Stills, CMC and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. I I All C N E w s D I G E S T 34th Annual Municipal Clerks Week April 27 To May 3, 2003 IIMC has designated April 27 to May 3,2003 as Municipal Clerks Week.Initiated in 1969 and sponsored by DMC, Municipal Clerks Week recognizes the important role of Municipal Clerks in local government, and their contributions in servicing their communities and educating the public on the significance of their roles. In a 1994 letter saluting Municipal Clerks Week, President Bill Clinton said, "Municipal Clerks play a vital role in our democracy.Offering their finely tuned skills to the process of American government, Clerks help to administer the laws and services that directly affect the daily lives of our citizens. More than that, these dedicated professionals play an instrumental role in maintaining the efficiency and effectiveness of the entire public sector.It is fitting that we pause to recognize those who work every day to keep every level of government running smoothly." To promote this event, Municipal Clerks can notify their local news media, municipal employees, civic service organizations, business and professional groups, school districts, citizen volunteer groups and the general public about Municipal Clerks Week. In the past, many municipalities celebrated Municipal Clerks Week with mayors and by sponsoring essay contests and student government days. Other creative suggestions include disseminating news releases, bulletin board displays, open houses and tours,sponsoring community picnics or sporting events,videotapes and school field trips. IIMC offers a 5-minute promotional video illustrating some of the basic functions most City Clerks play in their communities.You can use the video to: • Inform citizens about the Municipal Clerks'role in local government through local high schools or cable television spots. • Inform colleagues in local government about the Clerks'profession and the contributions a professional Clerk makes to good government. For$9.95(includes S/H),you can purchase this video by calling RMC HQ at 909/944-4162. A press kit to help promote Municipal Clerks Week is available on request from IIMC HQ.It contains a fact sheet,checklist, fC President's letter, sample proclamation(see page 21),news releases (radio and print), and additional support material. or more information,contact Chris Shalby,Editor at 909/944-4162 or e-mail. chriss@iimc.com Find it in LaserFiche V. 7i a �r Why dig through piles of paper? L.aserFiche document imaging Learn how over 1,000 local governments worldwide use puts vital information at your fingertips.Looking for an agenda LaserFiche to store,manage and retrieve their records. item from last month...or a name on a building permit from T973? Find it rignt from your computer with intelligent search Visit www.l'aserfiche.com or call toll free:800-985-8533 tools. Quickly slash your copying and distribution costs.And for a free demo CD. never worry about losing a high-value record again! tL A R F C H 04003 Campullnk Management Cenrer.Inr_AU rlgim reserved.LaserSche Is a ftswed trademark of Compulink Management Center.Inc Document imaging for the Real World sM MARCH 2003 5 I M C N E W S D 1 G E S 7 Proclamation Municipal Clerks Week April 27 through May 3, 2003 Whereas, The Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world, and Whereas, The Office of the Municipal Clerk is the oldest among public servants, and Whereas, The Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels, and Whereas, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all. Whereas, The Municipal Clerk serves as the information center on functions of local government and community. Chereas, Municipal Clerks continually strive to improve the administration of the affairs ff the Ofce o f the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations. Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. Now, Therefore, I, . Mayor of do recognize the week of April 27 through May 3, 2003, as Municipal Clerks Week, and further extend appreciation to our Municipal Clerk, and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Dated this day of „ . 2003 Mayor attest: MARCH 2003 21 WHEREAS, the Florida Association of City Clerks was first established in 1972 as a networking organization for fellow City Clerks in the State of Florida; and WHEREAS, FACC has today developed into a professional organization, widely respected by local government and state organizations, with over 450 members; and WHEREAS, FACC encourages and provides for high-quality educational training and leadership development programs, seminars, forums, conferences and workshops; offers a Certification Program for educational achievement; encourages and promotes involvement with other governmental agencies to increase the efficiency of administration of municipal government; offers financial assistance through its Scholarship program; and the support of a Legislative Committee to insure current dissemination of legislative changes affecting the City Clerk's Office; and WHEREAS, through participation in FACC, its members are better equipped to serve its Councils/Commissions, administrative staff and residents in their respective municipalities; and WHEREAS, FACC participates internationally in government through the International Institute of Municipal Clerks, which boasts 10,000 members all over the world; and NOW, THEREFORE, the City of Cape Canaveral, is pleased to extend its appreciation to FACC for supporting the City Clerks and offers warmest congratulations on serving the municipalities of Florida for over 30 years. BIRTHDAY GREETINGS-TO FACC FROM YOUR CITY/ TOWNIVILLAGE Proclamations, resolutions, congratulatory tetters should be sent to Vice President Teresa M. Soroka at the City of As you are aware,October 26,2002 was the 301'anniversary of Aventura, 19200 West Country Club Drive,Aventura,Florida, FACC and although members briefly celebrated at the Institute in 33180 as soon as possible so that they may be displayed or Palm Beach Gardens this past October,the 2003 Conference distributed during the 2003 conference celebrations. Committee has more celebrations in store for the Conference in Fort Lauderdale in.lune.To further these celebration events and Teres$Soroe CMC also bring FACC to the foref mt,FACC would like to tolled letters VJce Fr�esklent of congratulations,proclamations,resolutions,etc.from the other governmental agencies that FACC works doselywith-including CAREER DEVELOPMENT INSTITUTE S FACCAIMC each and every municipality. CONFERENCE SCHOLARSHIPAPPLICATIONSAVAILABLE Please ask your Mayor and Council/Commission if they would The Florida Association of City Clerics Awards and kindly prepare congratulations to FACC in whatever form your Scholarships Committee Is pleased to announce that City usually uses for similar congratulations. Sample wording for packets are available for the following: a proclamation or resolution follows, but you may want to rearrange oruse your own words,shorter0engthen,etc.so they . don't all kxak the same. Kay O I-ialloran Memorial Career Development Institute Scholarship(October 2003) WHEREAS, the Florida Association of City •FloridaAssociation of City Clerics Annual Conference Clerks was first established in 1972 as a Scholarship(June 2003) networking organization for fellow City Clerks •International Institute of Municipal Clerks Scholarship in the State of Florida;and (May2003) WHEREAS,FACC has todaydevelopedinto a If you wish to attend one of the above referenced educational professional organization,widely respected by instituteslconferenoss but have not considered it because local government and state organizations,with funding is not available from your agency or you can obtain over450rrem'em'and only partial funding, please consider the FACC scholarship WHEREAS, FACC encourages and provides program. Continuing education is so very important to the for high-quality educational training and profession. This year, rather than do a mass mailing to all leadership development programs,seminars, clerks,we are trying this program to determine whether we forums, conferences and workshop;offers a reach the same numbers of dents as a separate mailing would. Certification Program for educational Please give us your comments. Scholarship criteria and achievement; encourages and promotes application packets can be requested by contacting Sally Maio, invo0ement with othergovemmental agencies to increase the efficiency of administration of 'by phone(772)5895330 municipal government; offers financial 'bye-mail smaioQc1yofsebastian.org assiskuxe thmLo its Sdrolars*program;and •by fax(772)5895570 the support ofa Legislative Committee to insure •by downloading pdf forms from the FACC website at current dissemination of legislative changes u i affecting the City Clerk's office;and Packets can be sent to you by mail, e-mail or fax. Just let us WHEREAS,through participation in FACC,its know what is easiest for you. members are better equipped to serve its Courw#&Vommissions,admMnistrativesfefFand All scholarship applications are due by December 31,2002 to reaWarrts in theirrespecthre municipalities;and the Chairman of the Awards and Scholarships Committee: WHEREAS,FACC participates internationally Sally A. Maio, CMC in governffmW through Me lnWm lute City Clerk of Municipal Clerks, which boasts 10,000 City of Sebastian members all overthe world;and 1225 Main Street WHEREAS, the City of is Sebastian,FL 32958 pleased to extend Its appreciation to FACC for In addition to FACC scholarships, information and forms for supporting City Clerks and offers warmest scholarships available through the Municipal Clerics Education congratulations on serving the municipalities Fouml tion(MCEF)program can beacwssed on the IIMC website of Florida for over 30years, at hipMfflmiiMg.00nYfoundationR02iimc.html 8 WHEREAS, in 1872, 1`. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS,this holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is now observed throughout the nation and the world; and WHEREAS,trees can reduce the erosion of our precious topsoil, cut hearing and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide a habitat for wildlife; and WHEREAS,trees in our City increase property values, enhance the economic vitality of business areas, and beautify our community; and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim April 25, 2003 as ARBOR DAY in the City of Cape Canaveral and urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands, and to plant trees to delight the hearts and promote the well being of this and future generations. Meeting Type: Regular Meeting Date 04-15-03 { AGENDA L Heading Consent CITY OF CAPE CANAMUL It= H No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-12, REAPPOINTING A REGULAR. MEMBER TO THE COMMUNITY APPEARANCE BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2003-12, reappointing Mr. Randy Camomilli as a Regular Member of the Community Appearance Board. Summary Explanation& Background; Term will expire 05--01-06. I recommend approval. Exhibits Attached: Resolution No. 2003-12 City Mana Office Department LEGISLATIVE cap - m\mydo is z \council\meeting\2003104-15-03\2003-12.doc RESOLUTION NO. 2003-12 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE 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 City Code Section 22-37 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION I. Randy Camomi_lli is hereby re-appointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2006 SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th ofri 12003. E:%CftyCfk)6RSW]udonsUBOARDSUReappoiWnents%Community Appearance_MDIDOC City of Cape Canaveral Resolution No. 2003-12 Page 2 Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Jim Morgan Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Richard Treverton APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY E:1CityClklResotutions130ARDS%Reappointments)CommunityAppearance 2003ZOG Q. {�4ACz q�� �� s9 City of Cape Canaveral CITY OF GAPE CANAVERAL April 4, 2003 Randy Camomilii 258 Cherie Down Lane Cape Canaveral, FL 32920 Dear Mr. Camomilli: Your term on the Community Appearance Board expires on May 1, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice immediately 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, April 15, 2003. Thank you. * I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. e� . (Signature) Community Appearance Board, Member 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.fl.us/cape e-mail: ccapecanaveralocfl.rr.com Meeting Type: Regular Al Meeting Date: 04-15-03 AGENDA Heading Consent MY OF CAPE CANAVERAL Item 9 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: EASEMENT AGREEMENT WITH CHRIST LUTHERAN CHURCH OF CAPE CANAVERAL,PARCEL NO. 24-37-23-WO0282.0-0000.00 DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the approval of this easement agreement as recommended by the public works director. Summary Explanation & Background: This 25' wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or any other use described within the agreement. I recommend approval. Exhibits Attached: Public Works Director's memo of 03-27-03 City Manager' ffic e Department PUBLIC WORKS �iNnce�ling\20-0 IW-15-03\church.doe MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 27,2003 SUBJECT: City Council Agenda Item for April 15,2003 Easement Agreement from Christ Lutheran Church of Cape Canaveral Parcel NO: 24-37-23-00-00282.0-0000.00 Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example,the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL,Sec. 110-1,of the city code,Easement means a right-of- way granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110-477 requires that"no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." The Cape Canaveral has had the good fortune of applying for and receiving $200,000 from the Florida Department of Transportation (FDOT)through their Local Agency Program(LAP). This money is earmarked for the landscaping beautification of A 1 A. In order for property owners to participate in this State Program and use public funds on private property,the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed. On April I0'h, 2002 the P&Z board approved a 20-foot wide easement. During the construction phase of the landscaping project,the Church requested that the palm trees to be planted an additional 5- feet from the right-of way line to prevent blockage of their sign. Hence, a new easement agreement was repared for the width of 25-feet. In compliance to the City of Cape Canaveral's Codes and FDOT LAP agreement, the attached is an easement agreement between the City of Cape Canaveral and Christ Lutheran Church of Cape Canaveral, The Planning and Zoning Board approved this additional Easement Agreement on April 9, 2003. Recommend the approval the Easement Agreement between the City of Cape Canaveral and Christ Lutheran Church of Cape Canaveral. Attachment CC: File MEMORANDUM TO: Todd Morley Building Official FROM: Ed Garduiski Public Works Director DATE: March 27,2003 SUBJECT: Planning and Zoning Board Agenda Item for April 9,2003 Easement Agreement from Christ Lutheran Church of Cape Canaveral Parcel NO: 24-37-23-00-00282.0-0000.00 Throughout the year,the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example,the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article 1. IN GENERAL, Sec. 110-1, of the city code,Easement means a right-of- way ight-ofway granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110-477 requires that"no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." The Cape Canaveral has had the good fortune of applying for and receiving $200,000 from the Florida Department of Transportation(FDOT)through their Local Agency Program(LAP). This money is earmarked for the landscaping beautification of AIA. In order for property owners to participate in this State Program and use public funds on private property,the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed. On April 10th, 2002 the P&Z board approved a 20-foot wide easement. During the construction phase of the landscaping project,the Church requested that the palm trees to be planted an additional 5- feet from the right-of way line to prevent blockage of their sign. Hence, a new easement agreement was prepared for the width of 25-feet. In compliance to the City of Cape Canaveral's Codes and FDOT LAP agreement,the attached is an easement agreement between the City of Cape Canaveral and Christ Lutheran Church of Cape Canaveral. After review and recommendation from the Planning and Zoning Board,this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval. Recommend the approval the Easement Agreement between the City of Cape Canaveral and Christ Lutheran Church of Cape Canaveral. Attachment CC: File EASEMENT THIS INDENTURE made thO-0 day of /'itx-c-A- .2003 by and between Christ Lutheran Church of Cale Canaveral, the County of Brevard,State of Florida, Grantor,and the City of Cape Canaveral,a Florida municipality whose Post Office address is 105 Polk Avenue,Cape Canaveral,Florida, 32920, located in Brevard County,Florida, Grantee: WITNESSETH i That for and in consideration of the sum of One Dollar($1.00)and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby grants,sells and conveys unto the Grantee, its successors and assigns, an easement along,under,over and across certain real property located in Brevard County,Florida more particularly described on Exhibit"A" attached hereto(Servient Estate). The easement shall be described as that portion of the Servient Estate,25 feet in width running the length of the Servient Estate along the west right-of-way line of SR AIA. The purpose of the Easement granted herein is more specifically set forth as follows: 1. The perpetual right of the of the Grantee or its designee or franchisee to construct,install,maintain,repair and replace sidewalk, landscaping,trees, irrigation and lighting within the described Easement. 2. The perpetual right of the Grantee or its designee or franchisee to construct,install,operate,maintain,repair,replace and remove utility systems including potable water, sewer,reclaimed water,storm water drainage,lines or pipes,and other utilities such as electric,gas and communication lines,and the right to transmit and convey utilities through and under said property,together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. 3. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs 1 and 2 hereinabove to serve the general public,and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. 4. Grantee and/or public utility designees and franchisees in constructing,maintaining,repairing,replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs,administrator,successors and assigns to operate and conduct its commercial business on said lands during normal business hours. 5. This easement shall be non-exclusive and subject to the right of Grantor and its heirs,successors,administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee, including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers,employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the FDOT State Road AIA and the lands of Grantor through the Easement area. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns,together with the right to enter upon said lands and to construct and maintain public uses thereon,with all such fills,cuts,drains,pipelines,ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms,covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of: Grantor STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY,personally appeared before me,the undersigned authority, �� �. lcct W ,to me well known to be the person(s)described in and who executed the foregoing easement,and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed. TN WITNESS WHEREOF,I have hereunto set my hV KJA"� the State and County aforesaid this o8Q day of r,L ,2003. * *MV CornMeMm Cr ea44o2 VMN{EVM O{IW 31,2W3 NOTARY PUBLIC, State of Florida at Large My Commission Expires: 2 Exhibit "A" pt rear now= ass errant s cow e � P-6+1-Sz6 _'► t"�', P.D.Bait 12% V.-Mit hUA Fwci4e Xz Made duet as of Cho Vir-t. day of November, A.D. 19 84, �, PI&MA4 The Florida-•Gegrgia District of The Lutheran Church-Missouri Synad� a:oar porvEeQrtKrtdeT the tafAi of the Stott ofFlorida hating its �. primipal place a¢=IMI in the CWety of Orange and State Florida i'4 k; party of tht /DW pa,4 nerd ?" Christ Lutheran Church of Cocoa Beact, Inc., `n ra �'� rY ✓. Of the cbunty of Urevard and State of Florida pater . of the second part, Nflnesaefll, That Rhe said party of the Brat part,for and in aonsideratlo+ of the*arra of Oat, dollar and other good and valuable consideration DVJ�e1" to it in hang[ paK the reoeipLtohertofu l sckreowltdged,has granted sold,a�letrved,runiserl, ielease+4 oaravtyed axd fand by these presents doth� sell Mint,remise, ase, convey and conram—to the aud,part y of thertc�oridpaat.� its successor ' 3r4r- and assigns forever all that certain parcel of land lying and beim in the County of Brevard and State of llorida, more pa-rtievdarly decribed as fouoom- v M� A tract of laud situated in Government Lot 2 of Section 22, and the SW -. :t .a 1/4 of the NW 1/4 of Section 23, Township 24 South, Range 37 Fast, in wsrm Brevard County, Florida, described as follows: Begin at a point in the r z water's edge of the Banana River, which point is 155 feet north of the south line of Government Lot 2, Section 22, aforesaid, and which is the d L SW corner of the lands conreyed by .1. P. Lyons and wife to James P. Lyons, Jr, and from said point of beginning, for a first course run north 89° 45' 0" east on the south line of the lands conveyed to,J, P.Lyons, Jr., = ai and said line projected a distance of 992 feet, afore or less, to the west Z: line of the right of way of the County !toad, now known as State Road AlA: o thence for a second course run South 0' 21' 0" East on the west line of ''^" `• the right of way of the Count Road to a "'' g g y q point which is 15D feet south i' R of the eastern terminus of the first course aforesaid,and which is the ; WW-9 �• 3 HE corner of the land conveyed to Raymond S. and Jinny Kardas, by deed yrs .9 recorded in Deed Book 404, Page 474; thence for a third course run South 89' 45' west, and parallel to and distant 150 feet south from the first course aforesaid (and on the north line of lands conveyed to the Kardas aforesaid) a distance of 992 feet, more or less, to and into the water's edge of the Banana River, thence run northerly, for a fourth course, in the water's edge of the Banana River a distance of 150 feet. more or less, to the point of beginning. except the East 39.17 feet thereof, which I property has been deeded to the State of Florida for use and benefit of the State Road Department, by deed recorded in Official Records Book 234, Page 65, Public Records of Brevard County, Florida. Together with the submerged lands and riparian rights in the Banana River to the said lands 8- P appertaining. S1&T= TO:' General taxes for calendar year 1984 and following zoning laws - and ordinances. and all easements, rights-of-way, mineral deeds, leases and reservations and other conditions and restrictions of record. a s Tord4 er With all the tcnanenta.hered&arntnts and appurtenarioes,with every privilege ryfht, titleinterest avid estate, reversion, remainder and easement thereto belonging or in any- - verse appertaixiregr Ifo YO! nab to 901b the same in fee maple forever. [r mid y of-the fust part dotle c+ot:enant udth flier said yart�+y tht secora E t Ct•st tft 6 al at�tArir+try rce the$ad J0�thest th- am and 37►zree o f all o j 4f�e fitk to lora Iartd Arid sell W nd the said amt tAZ, Pftts� ]e?d w An Naneffs Phered. the said party of the fust part has oarssr�d v* r i these presery is to be s in its Harvie by its President,and its esrp- w; f orate seal to be affixed,dttestdd by its the da and gear abov a awitftrt. .�/ The Florida-Geri ''.,..�'� 4��d✓. � t�,T.nth:CSHA:,C�'�T�'"�r�,as�a�i-:5� t Gerald W. Seamants . �3`8"nD �*eala xqA �Re[etscre3 in ®err rrsa¢ncs: By L. Lloyd liken T ' Presid4n ¢i E d _ Christ Lutheran Church of Cape Canaveral , 7511 North Atlantic Avenue Cape Canaveral.,Florida 32920 783-3303 THE LUTHERAN CHURCH, µA+tiSSOURI SYNOD David Mennicke,Pastor March 13, 2002 Mr. Ed Gardulski Public Works Director City of Cape Canaveral Cape Canaveral, Florida 32920 Dear Mr. Gardulski: Enclosed are five (5) copies of the easement agreement and one (1) Donation of Property form signed on behalf of Christ Lutheran Church. We look forward to reviewing your proposed landscape improvements, and understand that they in no way will: 1) Adversely affect our sign, or 2) Affect the current front yard setback requirements which would govern any new construction. Also, we are currently irrigating that area with re-use water, and we may need to get together with respect to line locations. Sincerely, C. H. Bauer Board of Trustees Christ Lutheran Church tsrevard County Froperty .Appraiser-- Vnttne treat t✓state Property Lara rage 1 of 2 tt{Qnr]flyleet Jim Ford][FAO][General Infol(Save Our Homes]IExetrl0 m)[Contact Usl[ponos]jApMlsj {Prevent Researc. __h1 I1y 5earcht N M&I}ata]N -abk h netYyl Uax Authorities]f'VWs New] inks General Parcel Information for 24-37-23-00-00282.0-0000.00 Parcel Id: 24-37-23-00- jHaMillagejEdjE.,.pfi.+ Use Code: 00282.0-0000.00 Code: Property 17511 ATLANTIC AV, CAPE CANAVERAL FL 32920 ax 2435239 Address: Account: 11 Owner Information Legal Description Owner CHRIST LUTHERAN N 150 FT OF S 155 FT OF LOT 2 SEC 22 Name: CHURCH OF CAPE &N 150 FT OF S 155 FT OF SW 114 OF Second W 114 SEC 23 W OF STRD PAR 13 Name: CANAVERAL INC Mailing Address: 7511 N ATLANTIC AVE City,State,], tate, CAPE CANAVERAL, FL Zi code: 32920 Value Summary for 2001 Land Information * Market Value: $811,040 Acres: 3.49 A ricultural Assessment: $01 LotslUnits: 11 1 Assessed Value: $811,040 Front Feet: 0 Homestead Exemption $01 IDepth: 0 Other Exemptions: 1 $811,0401 ISite Code: 110 jEnergy Exemption:, ILand Value: =1 $570,090 Taxable Value: $0 . •this is the value estabiislied for ad valorem purposes in accordance with s_193.011(1)and(9),Florida Statutes. 'this value�c nqs represent anticipated selling price for the property. Sales Information OR Sale Sale Deed Disqualification Disqualification Vacaut/Improved lBookfflagel Date mount T e Code Source 11 2572/2387 111985 $46,200 Building Information PDC Use Year Story Exterior Interior Roof Roof Floors Ceiling # Code Built Height Code Code Type Mater. Code Code �� 0 7100 1966 12 Ol-'J=L:., VI©E:::A Building Area Information http://www:appraiser.co.brevard.flus/asp/Show_parcel.asp?acct=2435239&gen=T&tax=1._. 11/26/2001 orevaru�-ounty rroperty xpprdtser-- vnime rwai l;state rroperty �,.aru rage /- 01 G PDC Base Garage Open Car Screened Utility Enclosed Total # Area Area Porches. Port Porches Rooms Porch Basements Attics Base Area 7395 Extra Feature Information Pool Fire lace Fence Drivewa Lawn Irri ation Shed Dock Seawall Other 4 NO o Tax Levied by Taming Authorities for 2001 Taming Authorities Tames Billed Fee Agencies JrFees Billed Ad Valorem Non Ad Valorem County $0_ SW Disposal 4161.62 School $0.00 SW Collection $0.00 City/MSTU 1 0.00 Recycling $0.00 Water Management $0. EMS-Ambulance $41.121 SP District $0.00 Storm Water $0. Debt Payment $0.001 jHPKJBF00T $0. Total Ad Valorem so.00l WTR Control $0.00 Total Non Ad Valorem $202.74 Total $202.74 Ujome]jGieneral Infol [Meet Jim Ford][Exemptionsl [Save Our Homed[Contact Usl Pro a Research [Other Links]L1Viaps&Datal[Apnealsl Copyright 0 1997 Brevard County Property Appraiser.All rights reserved. Disclaimer Applies to Results hup://www.appraiser.co.brevard.fl.us/asp/Show_parcel.asp?acct=2435239&gen=T&tax—`1... 11/26/2001 ParcelInfo Distance r j Y 1 Bar AaW Vim1 Inamo Locate � { ... - LEM II�I�� . . Printable Version ma Check below then ,.. �. ■ Schools Ci Libraries � M Irl 1 .... rr�r� water Help Legend 4 B_AN Meeting Type: Regular Meeting Date: 04-15-03 �; f rh .9 AGENDA Heading Consent CRY OF CAFE CANAVERAL Item 10 No, AGENDAREPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: EASEMENT AGREEMENT WITH JEAN JONES PORTER, PARCEL NO. 24-37-26-00-00251.0-0000.0 DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the approval of this easement agreement as recommended by the public works director. Summary Explanation & Background: This 20' wide easement agreement along SR AIA will be utilized for the FDOT landscaping project or any other use described within the agreement. I recommend approval Exhibits Attached: Public Works Director's memo of 03-27-03 City Mana Office Department PUBLIC WORKS C:7 docu is uncilVneeting\2003\04-15-031porterl.dm MEMORANDUM TO: Bennett Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 27, 2003 SUBJECT: City Council Agenda Item for April 15,2003 Easement Agreement from Jean Belle Jones Porter Parcel NO: 2437-26-00-00251.0-0000.00 Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code, Easement means a right-of-way granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110-477 requires that"no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." The Cape Canaveral has had the good fortune of applying for and receiving $200,000 from the Florida Department of Transportation(FDOT)through their Local Agency Program (LAP). This money is earmarked for the landscaping beautification of AIA. In order for property owners to participate in this State Program and use public funds on private property, the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed. In compliance to the City of Cape Canaveral's Codes and FDOT LAP agreement, the attached is an easement agreement between the City of Cape Canaveral and Jean Belle Jones Porter. The Planning and Zoning Board approved this Easement Agreement on March 12, 2003. Recommend the approval the Easement Agreement between the City of Cape Canaveral and Jean Belle Jones Porter. Attachment CC: File MEMORANDUM TO: Todd Morley Interim Building Official FROM: Ed Gardulski Public Works Director DATE: February 27,2003 SUBJECT: Planning and Zoning Board Agenda Item for March 12, 2003 Easement Agreement from Jean Belle Jones Porter Parcel NO: 24-37-26-00-00251.0-0000.00 Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code,Easement means a right-of-way granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110477 requires that"no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." The Cape Canaveral has had the good fortune of applying for and receiving $200,000 from the Florida Department of Transportation(FDOT)through their Local Agency Program (LAP). This money is earmarked for the landscaping beautification of AIA. In order for property owners to participate in this State Program and use public funds on private property, the City of Cape Canaveral and FDOT requires the execution of an Easement Agreement and a Donation of Property form to be executed. In compliance to the City of Cape Canaveral's Codes and FDOT LAP agreement, the attached is an easement agreement between the City of Cape Canaveral and Jean Belle Jones Porter. After review and recommendation from the Planning and Zoning Board, this Easement Agreement will be presented to the City Council and shall be recorded in public records after approval. Recommend the approval the Easement Agreement between the City of Cape Canaveral and Jean Belle Jones Porter. Attachment CC: File EASEMENT THIS INDENTURE made this JILday of�,2003 by and between Jean Jones Porter.the County of Brevard, State of Florida,Grantor,and the City of Cape Canav I,a Florida municipality whose Post Office address is 105 Polk Avenue,Cape Canaveral,Florida, 32920,located in Brevard County,Florida,Grantee: WITNESSETH That for and in consideration of the sum of One Dollar($1.00)and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby grants,sells and conveys unto the Grantee,its successors and assigns, an easement along,under,over and across certain real property located in Brevard County,Florida more particularly described on Exhibit"A"attached hereto(Servient Estate). The easement shall be described as that portion of the Servient Estate,20 feet in width running the length of the Servient Estate along the west right-of-way line of SR AIA. The purpose of the Easement granted herein is more specifically set forth as follows: 1. The perpetual right of the of the Grantee or its designee or franchisee to construct,install,maintain,repair and replace sidewalk,landscaping,trees,irrigation and lighting within the described Easement. 2. The perpetual right of the Grantee or its designee or franchisee to construct,install,operate,maintain,repair,replace and remove utility systems including potable water, sewer,reclaimed water,storm water drainage,lines or pipes,and other utilities such as electric,gas and communication lines,and the right to transmit and convey utilities through and under said property,together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. 3. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs 1 and 2 hereinabove to serve the general public,and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. 4. Grantee and/or public utility designees and franchisees in constructing,maintaining,repairing,replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs,administrator, successors and assigns to operate and conduct its commercial business on said lands during normal business hours. 5. This easement shall be non-exclusive and subject to the right of Grantor and its heirs,successors,administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee,including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers,employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the MOT State Road Al and the lands of Grantor through the Easement area. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns,together with the right to enter upon said lands and to construct and maintain public uses thereon,with all such fills,cuts,drains,pipelines,ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms,covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presence of. Grantor STATE OFFLOZDA COUNTY OF BREVARD ON THIS DAY,personally appeared before me,the undersigned authority, o me well known to be the person(s)described in and who executed the foregoing easement,and they acknowledged befo a me that they executed the same freely and voluntarily and for the purpose expressed. IN WITNESS WHEREOF,I have hereunto set my hand and official seal in the State and County aforesaid this day of �3CL r' ,2003. QLcua�.rrl NOTARY PUBLIC,State of o�r}da at Large My Commission Expires: 0 3 /D 2 L , EXHIBIT "A" TAX PARCEL 251 DESCRIPTION: (Official -Records Book 2967, Page 1848) The North 160 feet of Lot 1, Section 27, and the South 40 feet of Lot 3, Section 22, and the North 160 feet"of Lot 1, Section 26, and the South 40 feet of Lot 4, Section 23, lying West of State Road AIA; and lands described in O.R. Book 2534, Page 1090, LESS AND EXCEPTING: 1, Lands described in O.R. Book 316, Page 172, 2. Lands described in D.R. Book 2534, Page 1066, All in Township 24 S, Range 37 E. HapvsA By:Anebett 9renner LANDMARK TMA AGENCY.VC. SW F�.t Mt TUI AK.,Su:i.C 161—ill td.ad_FL, i.e d—w rc lata uswrae d.Lidt irw,.,pr pau:y. Pile xumher e3-5677 Nnd ID R:24 J7:"251 and 24 372"285 ehrtttt 11 Ss R. WARRANTY DEED (INDIVIDUAL) This VVARRANIY DEED,dated January 16,203 by EDWIN T.LaCHANCE and BILLIE C.LaCIIANCI>,husband altd~wife and WILLIAM T,LACHA.NCE and RONME L.LaCHANCE,husband and wife whosrs post office address is: 117 Cape Shores Dr•tve South,Cape Canaveral,FL 32920 and 101 Cape Shores Drive South,Cape Canaveral,FL 32920 hereinafter called the GRes NTOR,io JEAN R.J.PORTER whostrpost offrctaddr:ss is: 6315 North Atlantic avenue, Cape canaseral, FL 3:320 hereinafter called the GRAYFEE; (Wherevt:r u5nd herein the terms "Grantor" and "Grantee" include all parties to this inctiuruent and tho heirs, legal representatives and assigns of individuals,and tete successors and assigns of corporations.i WUN ESSETII_ That the GRANTOR,for and in consideration of the sum of SM00 and other valuable considerations, rewe.lpt whoreof is hereby m."awiedged, horeby grants, bargains, s'elis, tlielns, remises, relaasas,conveys and confirms unto the GRANTEE,all that certain land situate_in Brevard County,Florida,viz: The North I6o feet or Lot 1,Section 21 and the South 40 feet of Lot 3.Seetiou 22 and the North 160 feet of Lot 1, Section 26 and the South do feet of Lot 4,Section 23,tying Nest of State.Road AIA. SUBJECT TO covenants,conditions,restrictions, resersadons, limitations,eaxcttt_.rts and agrrenwnts of recerd,if any; taxes and assessments for the year 2043 and sub+eauen years:and ro all appiicable zoning ordinances and"or restrictions and ptohibitians imposed by govern ttlental su&A-.ritirs,if any. TOGETHZR with all the tenernents,hereditaments and appurtenances thetato belonging or in anywise appertaining. TO HAVE AND TO HOLD,the same in foe simple.forever. AND TIMI:.r3RANTOR hereby covenants with said GRANT>~E taut except as above coat.-A,the GRANTOR is lawfully seized of said land in fee simple; that the CiP_AN'TOR hac good right and lawful authority to!sell and convey said I&nd; that the GR-AN70R hereby fatly warrens the title to said land and will defend tht same against the lawful claims of all persons whomsoever. ' IN%V'Tr1dFSS WHP.REOft,OkANT OR.has signe-d and s=alad nccm presents the date sat forth above. SIGNET]IN THE PRESENCE OF 1 HE FOL.LOWII:O WIT.NF,SSES: (`l Signature: / ^'t.L 'c C�►'_�"`�", El T ycle J'— Print Name: Witness � �% ^'`r 1NilWI�i T.LaIHN-'CE Signature: x.SrJ',�� tfd�� Print Name: Wien ss JI„a.r.s 7 C�4��C BILLIE C.L4CHANC"L i LIANT T.1.a5HANCE Vl _.— 601.414M L.LaCHANCE State of Florida Caunly of Brevard THE FOREGOING INSTRUMENT_as sworn and acknowledged irercKe rre on January 16,2003 by: EDWIN"T.LaCHANCE and BILLIE C.LACI MIKE.busband and wife and%NILLIAiN T.LaCHANCE and BO,NN-M L.LaCHANC'E,husband and Wife who is personally known to the or who has produced drivers license as ident&Csd0n. 5ignaturt: ----- - Print Name: wrHet a sAiicx ,��.r NY!x�r.NKAal:at1C9601� fiti,�t� e,f,ues..u.p-aim+ +eaa�r+,:,.r,��i!rrr s.rsJ--;b-mop.-.-••`:. .r. Brfvard County Property Appraiser-- Online Real Estate Property Card Page 1 of 3 r [Homel[Mrtt Jim fordl 1FAQ][General InfW[Save Our Hamed 9zernptionsl[Contact t1s1[f=orm*] alsl [Property Researchl[Map Searchl[!Mans&Datal[Unusable Propertyl flax Authoritiesl"at's New! inks General Parcel Information for 24-37-26-00-00251.0-0000.00 Parcel Id: 24-37-26-00-00251.0- 1HIMillage IHI Exemption: 1 Use Code: 819 0000.00 Code: Si e Il Address: 117 CAPE SHORES DR, CAPE CANAVERAL,FL 32920 Tax 11 rAccount: 2436768 •Site address assigned by the Brevard County Address Assignment Office for mailing purposes;may not reflect community location of property. Owner Information Legal Description Owner Name: LACHANCE, EDWIN T N 160 FT OF LOT 1 SEC 27 & S 40 FT LACHANCE BILLIE C OF LOT 3 SEC 22 & S 40 FT OF LOT 4 Second Name:11H/W SEC 23 W OF ST RD &N 160FT OF LOT 1 SEC 26 W OF ST RD&PT AS DES IN Third Name: I ORB 2534 PG 1090 EXC DB 316 PG Mailing 117 CAPE SHORES DR 172,ORB 2534 PG 1086, —11 Address: S City, State, CAPE CANAVERAL, lZipcode: 11FL 32920 Value Summary for 2002 Land Information ** Market Value: $272,600 Acres: 2.76 Agricultural Assessment: $0 Site Code: 110 Assessed Value: I $253,330 Land Value: IL $188,250 Homestead Exemption______j $25,000 Other Exemptions: $4 Taxable Value: 1 $228,330 "This is the value established for ad valorem purposes in accordance with s.193.01l(1)and(S),Florida Statutes. This value does not represent anticipated selling price for the property. Save Our Homes -Estimated Tax Savings 2002 Values[]F Milla a Rate 11 Taxes Market Value $272,600 Exern tions $25,000 Taxable Value without SOH Ca $247,600❑x 16.8124 $4,162.75 Taxable Value with SOH ca $228,330 16.8124 $3,838.78 2002 Estimated Savings Resulting_From SOH 0❑ 11 $323.97 Sales Information http://brevardpropertyappraiser.com/asp/Show_parcel.asp?acct=2436768&gen=T&tax=T... 02/1912003 ■ n nnil Iic� " Ili HE . ..................... ....... 1 5 CE, d Meeting Type: Regular Meeting Date 04-15-03 �. ' '. AGENDA ice• . Heading Considerations CRY OF CAPE CANAVERAL Item }} No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: FIRST MODIFICATION TO SETTLEMENT AGREEMENT WITH BLARNEY 67, INC. DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of the proposed first modification to the settlement agreement with Blarney 67, Inc. Summary Explanation & Background: Upon execution of this agreement, Blarney 67 will proceed with the following: 1. Construct a new decorative sign fronting SR AIA as approved by the Community Appearance Board on 02-03-03, Exhibit"A". AD other exterior signage shall be removed. 2. Construct sidewalk and drainage improvements fronting SR AIA, Exhibit "B". Grant the City a 20' wide public utility easement along SR AIA. 3. Landscape the property fronting SR AIA and Thurm Blvd., Exhibit "C". Construct a 5' wide sidewalk adjacent to Thurm Blvd. 4. All improvements shall be completed within(180)days;new sign is subject to removal. Exhibits Attached: First Modification Agreement;Exhibits"A", "B"and"C"in mailboxes City Man Office Department LEGISLATIVE capeim\my cumen in\council\meeting\2003\04-07-031blarney.doc DRAFT 4-8-03 Prepared by and Return to: Anthony A. Garganese, City Attorney Brown,Ward, Salzman&Weiss, P.A. 225 E. Robinson Street, Suite 660 P.O. Box 2873 Orlando, FL 32802-2873 FIRST MODIFICATION TO SETTLEMENT AGREEMENT THIS FIRST MODIFICATION TO SETTLEMENT AGREEMENT ("First Modification"), made and executed this day of April, 2003, by and between BLARNEY 67, INC., a Florida corporation ("Blarney 67"), whose address is 1600 Lee Road, Winter Park, Florida 32789, and the CITY OF CAPE CANAVERAL, a Florida municipal corporation ("Cape Canaveral"), whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920, and WILLIAM J. MURPHY, an individual ("Murphy"), whose address is RECITALS: WHEREAS, Blarney 67, Murphy, and Cape Canaveral entered into a Settlement Agreement, dated August 17, 1999, and recorded in Official Records Book 4086, Page 2950, of Brevard County, Florida (the "Agreement"); and WHEREAS, the parties desire to modify the Agreement regarding the type of sign that Fairvilla MegaStore ("Fairvilla") may erect for its business under the terms and conditions set forth herein; and WHEREAS, the parties acknowledge and agree that all other terms and conditions of the Agreement not expressly modified by this First Modification shall remain in full force and effect. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to modify the Agreement as follows: i DRAFT 4-8-03 1.0 Recitals. The foregoing recitals are hereby incorporated herein by this reference and deemed a material part of this First Modification. 2.0 Signage. The parties agree that Blarney 67 shall be allowed to construct a new decorative business entrance sign on Parcel 754.1 located along Highway A1A under the following terms and conditions: 2.1 The sign shall be constructed and maintained in complete conformity with the sign depicted on the attached Exhibit "A," as approved by the City of Cape Canaveral Community Appearance Board on February 3, 2003, Request #03-05, which is hereby fully incorporated herein by this reference. 2.2 Blarney 67 shall permanently remove the existing signage located on Parcel 769 and Parcel 754.1 which is currently on Highway Al and Thurm Boulevard and the rooftop facing A1A. It is the intent and purpose of this First Modification to limit the exterior signage for Fairvilla, and Parcels 769 and 754.1, to the signage mentioned in Paragraph 2.1 above and the two directional signs presently located on said parcels. 2.3 Blarney 67 shall apply for and obtain all governmental permits which are necessary to construct the sign referenced in Paragraph 2.1 above in compliance with all applicable local, state, and federal law. 2.4 Blarney 67 shall maintain the sign referenced in Paragraph 2.1 in good and reasonable condition at all times. 2.5 Unless the City Council by majority vote agrees to modify the Agreement, as amended by the First Modification, Blarney 67 shall not change the exterior of the sign in any material manner that 2 DRAFT 4-8-03 would cause the sign to appear differently than the sign depicted in Exhibit "A." 2.6 The sign may remain erected on Parcel 754.1 so long as Parcels 769 and 754.1 are connected by common ownership, including ownership by fee simple title or easement. If someday the parcels no longer are connected by common ownership, the sign shall be removed by Blarney 67 within sixty (60) days of the date that common ownership is discontinued, provided the City of Cape Canaveral Code prohibits off-premise signs on the parcels. In such event, Blarney 67 shall be subject to all applicable City sign ordinances. 2.7 Blarney 67 shall design, permit, and construct, at Blarney 67's expense, a two-phase streetscape project as more fully set forth in Paragraph 3.0 of this First Modification. 3.0 Streetscape Project. Blarney 67 agrees, at its expense, to design, permit, construct, and maintain, within ordinary and customary standards, a Streetscape project under the following terms and conditions: 3.1 Blarney 67 shall fully construct the landscaping, drainage and sidewalk improvements on Parcels 769 and 754.1 in conformance with the engineering/site plan attached hereto as Exhibit "B," which is fully incorporated herein by this reference, and the landscape plan attached hereto as Exhibit "C," which is fully incorporated herein by this reference. 3.2 Blarney 67 shall dedicate a perpetual twenty foot (20') wide public utility easement to Cape Canaveral on Parcel 754.1. Said easement shall run along the entire boundary of Parcel 754.1 along 3 DRAFT 4-8-03 Highway A1A and shall be in a form acceptable to the City Attorney. 3.3 Blarney 67 shall plant and maintain a landscape buffer along the entire southern property boundary of Parcel 769, adjacent to Thurm Boulevard. Said buffer shall be planted, constructed, and maintained in conformance with the landscape plan attached hereto as Exhibit "C." 3.4 Blarney 67 shall construct and maintain a five (5') foot wide sidewalk on the southern property boundary of Parcels 754.1 and 769, adjacent to Thurm Boulevard. 3.5 Blarney 67 shall diligently complete all improvements within 180 days of the date that the last party hereto executes this First Modification, unless Blarney 67 is prevented by force majeure from completing the improvements within this time period including government permit delays, acts of God, and other problems beyond the reasonable control of Blarney 67 that will temporarily excuse performance. If Blarney 67 fails to complete the improvements within this time period, Cape Canaveral shall have the right to terminate this First Modification by written notice. If Cape Canaveral terminates this First Modification, Blarney 67 shall remove the sign within ten (10) days of receiving said termination notice. If Blarney 67 does not complete the removal within this time period, Cape Canaveral is hereby granted a right of entry on Parcel 754.1 to cause the removal of the sign. The removal shall be at Blarney 67's expense. If Blarney 67 fails to pay for said removal, Cape Canaveral may advance the funds necessary to complete the 4 DRAFT 4-8-03 removal and record a lien, in an amount equal to the funds expended by Cape Canaveral, on any real property owned by Blarney 67 or Murphy. Cape Canaveral shall have the right to file a lawsuit against Blarney 67 and/or Murphy to collect such funds and any and all reasonable attorneys' fees and costs incurred by Cape Canaveral to enforce its rights under this First Modification. 4.0 Miscellaneous. All terms and conditions of the Agreement which are not expressly and specifically modified by this First Modification shall continue to remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Modification as of the date first written above. WITNESSES: BLARNEY 67, INC. a Florida corporation By: WILLIAM J. MURPHY, President Date: ATTEST: CITY OF CAPE CANAVERAL a Florida municipal corporation By: SUSAN STILLS, City Clerk ROCKY RANDELS, Mayor Date: WILLIAM J. MURPHY Date: 5 STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged 2003, by WILLIAM J. MURPHY, President of corporation, [ ] who is personally known to as identification. (SEAL) STATE OF FLORIDA COUNTY OF BREVARD DRAFT 4-8-03 before me this day of March, BLARNEY 67, INC., a Florida me, or [ ] who has produced NOTARY PUBLIC, State of Florida My commission expires: The foregoing instrument was acknowledged before me this day of March, 2003, by ROCKY RANDELS, Mayor of the CITY OF CAPE CANAVERAL, a Florida municipal corporation, [ ] who is personally known to me, or [ ] who has produced as identification. NOTARY PUBLIC, State of Florida My commission expires: (SEAL) STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of March, 2003, by WILLIAM J. MURPHY, an individual, [ ] who is personally known to me, or [ ] who has produced as identification. NOTARY PUBLIC, State of Florida My commission expires: (SEAL) Meeting Type: Regular Meeting Date 04-15-03 AGENDA Heading Ordinances -2nd Reading Item No. 12 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 09-2003, AMENDING SECTION 110-171 PROVIDING FOR FILING REQUIREMENTS PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: City Council adopt Ordinance No. 09-2003 clarifying Code Section 1 I0-171. Summary Explanation & Background: Ordinance corrects a reference in the code and clarifies the plan scale of a plan subn*tal. I recommend approval. Exhibits Attached: Ordinance No. 09-2003 City M is Office Department P&7JGROWTH MGMT ca kim\mvd tfen in\council\meetina\2003\04-15-03\09-2003.doc ORDINANCE NO. 09-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE; PROVIDING FOR FILING REQUIREMENTS; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; 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, the City desires to clarify and correct the requirements for obtaining and maintaining a special exception for the sale and consumption of alcoholic beverages; 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 Section 110-171 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and str-ikeeut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 110-171. It is intended that the text in Sections 110-171 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this subsection and also the following: City of Cape Canaveral Ordinance No. 09-2003 Pagel of 3 (3) Package retail sales of alcoholic beverages for carryout, except for beer and wine sales, shall comply with subsections (a)(1), (a)(2)e.5 , (a)(4), (a)(5)a.3. and (a)(5)a.5. of this section only. (5) Each application for a special exception shall be accompanied by a vicinity map, a site plan map and a building floor plan. C. The building floor plan shall be of a scale appropriate for the establishment, but in no case shall the scale be of not less than one-eighth LL/8) inch equals one 1 foot inch and shall detail room Iayouts and exits. 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. City of Cape Canaveral Ordinance No. 09-2003 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this of .2003. ATTEST: SUSAN STILLS, City Clerk 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 ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton FADocs\City of Cape Can averahOrdinances\Spec_Excep_Alcoholic_Bev_Amend_n.wpd City of Cape Canaveral Ordinance No, 09-2003 Page 3 of 3 day For Against Meeting Type: Regular Meeting Date 04-15-03 AGENDA Heading Ordinances -I' Reading Item 13 No. within the C-2 commercial zoning district. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2003, ESTABLISHMENT OF HEIGHT AND DENSITY REQUIREMENTS FOR LANDSCAPING, SCREENING, FENCNG, WALLS AND HEDGES; DEFINING OFF-STREEET PARKING WITHIN THE C-2 ZONING DISTRICT DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider approval of the proposed ordinance at first reading as recommended by the Planning & Zoning Board. Summary Explanation & Background: The Planning & Zoning Board has recommended to City Council the establishment of height and density requirements for landscaping, screening, &acing, walls and hedges, and defining off-street parking space allocations within the C-2 commercial zoning district. This ordinance was reviewed by City Council on 02-04-03 and was sent bank to the P&Z Board for clarification on the height of vegetation. Please advise. Exhibits Attached: Proposed ordinance/P&Z Board memo dated 04-01-03 City M s Office Department GROW'T'H MGMT/P&Z - t\kim\my ocum i0council\me nq\2003\04-15-03\03-2003.doc City of Cape Canaveral y Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Proposed Ordinance Amending Sections 110-1, Definitions; 110-470, Fences, Walls and Hedges; 10-566, Landscaping and Screening for Commercial and industrial Zoning Districts; and 110-567, Interior Landscaping for Off -Street Parking Areas. The Planning & Zoning Board reviewed the above referenced ordinance and recommended approval to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Version it ORDINANCE NO. 03-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES; PROVIDING FOR OFF-STREET PARKING SPACE ALLOCATIONS WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR DENSITY AND HEIGHT REQUIREMENTS FOR LANDSCAPING, SCREENING, FENCING, WALLS AND HEDGES; 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, the City requires and permits certain height and density requirements for landscaping, screening, fencing, walls and hedges as well as defines off-street parking space allocations within the C-1 commercial and lei -1 industrial zoning districts; and WHEREAS, the City has a similar need to establish height and density requirements for landscaping, screening, fencing, walls and hedges and define off-street parking space allocations within the C-2 commercial zoninp- district; and WHEREAS, the City Council finds that making applicable certain height and density requirements for landscaping, screening, fencing, walls and hedges and defining off-street parking space allocations in the C-2 commercial zoning district will create uniformity and consistency throughout its commercial and industrial zoning districts and further improve the aesthetic appearance in the C-2 district; and WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Re.stegouche, Inv. V Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995); 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. City of Cape Canaveral Ordinance No. 03-2003 Page 1 of 5 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 110 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows. (underlined type indicates additions and vi ikeutt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter I I0. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 110 ZONING Article 1. In General Sec. 110-1. Definitions. Hedge means a row of bushes oL small trees planted close together in such a manner as to form a boundary or barrier. Parking space, offstreei, consists of a minimum paved area of 200 square feet for parking an automobile. exclusive of access drives or aisles thereto. In areas of the city zoned ?vf- 1 cr C-1, C-2 or M-1, sizts a 1111111111U111 pzrv,-d area uF 169 square f�et, exclusive of access drives ot aisles theictu. Article 1X. Supplementary District Regulations Division 1. Generally Sec. 110-470. Fences, walls and hedges. (a) Fences, walls and hedges may be permitted in any yard, except as specified in section 110- 469, and shall otherwise comp lv with provided the following height, density, and placement restrictions-slmllapply: City of Cape Canaveral Ordinance No. 03-2003 Page 2 of 5 (1) In any residential district - , no fence; or wall of hedge in any side or rear yard shall be over six feet in height or over four feet in height if within 25 feet of any yard abutting any public right-of-way, unless otherwise specified in this section; (2) In any residential district (R--!, R-2, - where property abuts a public beach access parking area, the fence, wall, or hedge in a side, rear or front yard which abuts the public parking area shall not exceed six feet in height; (3) In any residential district (R--!,R--2,"-where property has a permanent swimming pool installed, in accordance with the Florida Building Code, in a side or rear yard which abuts a public right of way, the fence, wall, or hedge in said side or rear yard shall not exceed six feet in height; (4) In any commercial ("- amyl or industrial �j districts, no fence, wall or hedge in ally side ci rear yard shall be over eight feet in heigh over four feet in height if within 25 feet of any yard abutting the public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, the maximum height of a fence; or wall or hedge shall be six feet unless a eater restriction is otherwise, provided for in the City Code; and Any hedge located on property within a commercial or industrial zoning district. or a residential zoning district that abuts a commercial or industrial zoning district, shall have a minimumheight at time of planting of three feet. unless otherwise provided by this chapter. and will be required to reach a height of 6 feet and a density of at least 80 percent opacity within two years of planting, No hedge planted or located in any zoning district shall exceed eight feet in„hei hit or over four feet in height if within 25 feet of any vard abutting any public right-of-way, unless otherwise specified in this section and shall not encroach into or impede the use of any public right-of-way._sidewalkor other easement utilized for public purposes: Anv hedge planted or otherwise established in accordance with this chatter shall be comT)rised of a desireable species of vegetation as defined under Cha ter 102 of this Code. except that hedges shall not be comprised of trees. All hedges shall be maintained in accordance with Chanter 34 of this Code and all other avl2licable statutes. ordinances, and regulations affecting landscaping and vegetation; Sec. 110-566. Landscaping and screening for commercial and industrial zoning districts. City of Cape Canaveral Ordinance No. 03-2003 Page 3 of 5 (a) Such visual screen shall: * x x (3) Be not less than four or more than eight feet in height, except as provided in section 110-470(a)(2) or as otherwise provided in this chapter. Anyvisual screening that solely consists of vegetation, with the exception of trees as defined under Chapter 102 of this Code shall reach a density of at least 80 percent within two years of planting. All visual screening shall be„maintained in accordance with all other applicable ordinances or regulations affecting vegetation or landsca in • and (4) Have a minimum of one ten -point tree value as defined in 110-567 which shall be planted every 35 feet with at least two five -point trees on the minimum 50 -foot C-1 or C-2 lot and three five -point trees on the minimum 75 -foot M-1 lot unless a greater restriction is otherwise provided for in this chapter. Sec. 110-567. Interior landscaping for offstreet parking areas. (a) Offstreet parking areas in C-1, C_2, M-1 and R-3 districts shall have internal and perimeter landscaping as follows: * * * (4) Parking areas in the C-1. C-2 and M-1 districts and parking areas in the R-3 districts that contain 16 or more parking spaces shall be planted to a width of at least two feet of the entire perimeter facing the public right-of-way, except for ingress and egress and sidewalks. The perimeter shall be planted with decorative shrubs and bushes not less than three feet in height to form a visual screen Aith a density of at least 80 percent within two years of planting. Perimeters facing such public right-of-way shall, in addition, have five tree value points planted every 35 feet with at least ten tree values on a minimum 50 -foot C-1 or C-2 lot, and fifteen tree values on the minimum 75 -foot R-3 lot unless a greater restriction is otherwise provided for in this chapter. Section 4. 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. 03-2003 Page 4 of 5 Section 5. 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 maybe changed or modified as necessary to effectuate the foregoing. Section 6. 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 7. 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. ATTEST: SUSAN STILLS, City Clerk 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 ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton F:IDocs\Ciry of Cape Canaveral Ordinances' Land_C2_Zoning_Height_Vegetation_Ver2.wpd City of Cape Canaveral Ordinance No. 03-2003 Page 5 of 5 Meeting Type: Regular Meeting Date 04-15-03 AGENDA Hem Ordinances4't Reading [tem 14 No. I recommend approval - AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 11-2003, AMENDING SECTION 38-2 FIRE SAFETY FEES, PROVIDING FOR INDEPENDENT PLAN REVIEW DEPT./DIVISION: FIRE DEPARTNfENT/PUBLIC SAFETY Requested Action: City Council consider at first reading, Ordinance No. 11-2003 amending Section 38-2, fire safety fees, providing for independent plan review. Summary Explanation & Background: This item was discussed during the recent code review workshop meeting, and the fire chief wanted to formalize our current policy by the adoption of this ordinance. I recommend approval - Exhibits Attached: Ordinance No. U -2003 101t,y Man res Office Department FIRE DEPARTMENT/FIRE SAFETY .ruyLzndam1ntic0unc3,4\meeting\2003\09-i5-03\11-20U3,floc ORDINANCE NO. 11-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 38-2 OF THE CODE OF ORDINANCES, RELATING TO FIRE PERMIT FEES; PROVIDING FOR INDEPENDENT PLAN REVIEW; 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, in accordance with Section 633.0215, Florida Statutes 2002, the State Fire Marshal has adopted the Florida Fire Prevention Code, which includes the adoption of the National Fire Protection Association's Standard 1, Fire Prevention Code ("NFPA 1"); and WHEREAS, the NFPA 1 provides the city with the authority to require plan review and the issuance of permits prior to construction, modification, or rehabilitation of buildings and structures within its jurisdictional limits (Sections 1-16.16 & 1-18, NFPA 1); and WHEREAS, the City is further authorized to require a review of submitted plans by an independent third party with expertise in the matter to be reviewed at the applicant's expense (Section 1-18.6, NFPA 1); 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, 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 Section 38-2 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and str-ikee type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 38. It is intended that the text in sections 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. 11-2003 Page 1 of 3 Chapter 38 - Fire Prevention and Protection Article I. In General Sec. 38-2. Fire safety fees. In order to defray the costs of inspection and enforcement of its fire safety code in the construction and maintenance of buildings within the city, the city adopts the following fees. (a) A fee in the amount of $0.025 per square foot shall be levied on all new construction, alterations, or additions in the city, except for one- and two-family residences. This fee shall encompass plan review and necessary fire inspections required prior to the issuance of a certificate of occupancy. This fee shall be payable at the same time and in the same manner as building permit fees. As -built plans shall be submitted for permanent record upon completion of the construction, alteration, or addition upon issuance of a certificate of occLipancy or certificate of completion. (b) Except as provided in subsection below the The following permit fees for fire protection systems are required and shall be paid at the same time and in the same manner as building permit fees: (g) In the sole discretion of the Fire Chief, or the chief's designee plans submitted for review and approval b the fire department under the terms of this section, may be required to be reviewed by a Fire Protection Engineer. The cost of such review shall be borne exclusively y the applicant. Such costs shall be in addition to any applicable permit fee Section 3. Florida Building Commission and Florida State Fire Marshall Notification. In accordance with Section 633.0215, Florida Statutes (2002) the City Clerk shall file a copy of this Ordinance with the Florida Building Commission and Florida State Fire Marshall within thirty (30) days of becoming effective and shall make a copy available for public inspection immediately upon adoption. Section 4. 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 5. 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. City of Cape Canaveral Ordinance No. 11-2003 Page 2 of 3 Section 6. 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 7. 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. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:1Docs\City of Cape Canaveral\Ordinances\Fire_Permit_Fees.wpd Bob Hoog Jim Morgan BUZZ Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 11-2003 Page 3 of 3 Meeting Type: Regular Meeting Date 04-15-03 AGENDA Head�,�g Ordinances -1ST Reading Item 15 No- I recommend approval. - AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 10-2003, AMENDING CHAPTER 90, ARTICLE Il, PROVIDING FOR THE DEFINITION OF BASE FLOOD ELEVATIONS DEPT./DIVISION: P&Z.JGROWTH MANAGEMENT Requested Action: s City Council consider the adoption of Ordinance No. 10-2003 providing for the definition of base flood elevations at first reading. Summary Explanation & Background: The Department of Community Affairs {DCA} has requested the City define base flood elevations as part of our flood damage prevention code in Chapter 90. I recommend approval. Exhibits Attached: Ordinance No. 10-2003 ty Mana a 's Office F Department P&ZJGROWTH MGMT cape- m\m o admin\conn '1\meeting\2003\04-15-03\10-2003.doc ORDINANCE NO. 10-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO FLOOD DAMAGE PREVENTION BY AMENDING CHAPTER 90, ARTICLE II OF THE CITY CODE; PROVIDING FOR DEFINITION AND CLARIFICATION OF BASE FLOOD ELEVATIONS; 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. WHEREAS, the City Council 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 National Flood Insurance Act of 1968 established the National Flood Insurance Program (NFIP), a pre -disaster flood mitigation and insurance protection program designed to reduce the cost of disasters; and WHEREAS, the NFIP is a voluntary program, it makes federally backed flood insurance available to residents and business owners in communities that agree to adopt and adhere to sound flood mitigation measures that guide development in its floodplains; and WHEREAS, the Department of Community Affairs (DCA) for the State of Florida, serves as the state coordinating agency for the NFIP, conducts coordination activities, and provides technical assistance on pre and post -disaster flood mitigation related activities to participating communities; and WHEREAS, the City of Cape Canaveral, as a participating community, was recently assessed by the DCA as to the effectiveness of its administration and enforcement of its floodplain management regulations; and WHEREAS, the DCA found a minor efficiency in the Cities Flood Damage Prevention Ordinance and recommended the amendment contained herein; 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. City of Cape Canaveral Ordinance No.: 10-2003 Page I of 3 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Code Amendment. The City of Cape Canaveral Code, Chapter 90, Article II, entitled Flood Damage Prevention is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 90, Article lI. It is intended that the text in Chapter 90, Article II denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 90 - FLOODS ARTICLE 1I. FLOOD DAMAGE PREVENTION See. 90-26. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section; except where the content indicates a different meaning: Lowest Floor means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure used solely for parking of vehicles building access or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the non -elevation design standards of this Ordinance. Section 3. Notification to the Department of Community Affairs, The City Clerk is directed to provide a certified copy of this Ordinance to State Assistance Office, c/o Joseph Johnson, Department of Community Affairs, State of Florida, 25 5 Shumard Oak Boulevard, Tallahassee, FL 32399-2100. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No.: 10-2003 Page 2 of 3 Section 5. 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 maybe changed or modified as necessary to effectuate the foregoing. Section 6. 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 7. 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, in a regular meeting assembled on the day of ATTEST: SUSAN STILLS, City Clerk 2003. ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney First Reading: Second Reading: Effective Date: Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton FADocs\City of Cape CanaverallOrdinanceslFlood_Damage_040103.wpd City of Cape Canaveral Ordinance No.: 10-2003 Page 3 of 3 Against Meeting Type: Regular Meeting Date 04-15-03 AGENDA Heeding Resolutions Item 16 No. The City of Miami requests our support in opposing this legislation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-11, EXPRESSING OPPOSITION TO SENATE BILL 1164 AND RACTHOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR- ACT DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2003-11, expressing opposition to Senate Bill 1164 and House Bill 113 which set forth amendments to the Bert J. Harris, Jr. Act and any and all other proposed amendments that would subject local and state governments to further liability for the constitutional exercise of their legislative and quasi-judicial responsibilities and powers. Summary Explanation & Background: The City of Miami requests our support in opposing this legislation. Please advise. Exhibits Attached: City Ma a Office Department LEGISLATIVE ca im\ doc admin\ ncil\meeting\2003\04-15-03\2003-11.doc RESOLUTION 2003-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA EXPRESSING OPPOSITION TO SENATE BILL 1164 AND HOUSE BILL 113 WHICH SET FORTH AMENDMENTS TO THE BERT J. HARRIS, JR. ACT AND ANY AND ALL OTHER PROPOSED AMENDMENTS THAT WOULD SUBJECT LOCAL AND STATE GOVERNMENTS TO FURTHER LIABILITY FOR THE CONSTITUTIONAL EXERCISE OF THEIR LEGISLATIVE AND QUASI- JUDICIAL RESPONSIBILITIES AND POWERS; TRANSMITTING THE RESOLUTION TO THE PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE AND GOVERNOR; SETTING AN EFFECTIVE DATE. WHEREAS, the Bert J. Harris, Jr. Private Property Rights Protection Act ("Harris Act"), as codified in Section 70.001 of the Florida Statutes, was enacted in 1995 to provide a limited remedy for property owners when their property has been "inordinately burdened" by the action of a governmental entity; and WHEREAS, since its inception, numerous commentators and governments alike have expressed concern that the Harris Act is impermissibly vague, fraught with various problems in its application and interpretation, and has had a chilling effect upon numerous governments in their planning and zoning activities; and WHEREAS, in the eight years since the enactment of the Harris Act, there have been over 258 claims asserted against local governments in Florida; and WHEREAS, despite its various constitutional infirmities relating to, inter alia, its failure to define "inordinate burden" and "reasonable, investment -backed expectations;," the automatic ripeness provisions that appear to violate separation of powers doctrine; and the uncertainties inherent in its attempt to create a statute of limitations period; the Act nonetheless provided in clear language that it does "not affect the sovereign immunity of government"; and WHEREAS, on July 18, 2002, a case affecting one of the cities of Florida, namely Royal World Metropolitan, Inc. v. City of Miami Beach, lit Judicial Court Case No. 99-17243 (Royal World), resulted in a favorable summary judgment for the City which determined that the doctrine of sovereign immunity protects the City from liability for damages under the Harris Act and said case has been appealed and is pending in the Third District Court of Appeal as of the commencement of the 2003 Session of the Florida Legislature; and WHEREAS, the legislation proposed via Senate Bill 1164 and House Bill 113, if constitutional, in part seeks to nullify the effect of the Royal World decision and adversely affect the ad valorem taxpaying public of Florida in as many as 258 other claims pending statewide, by not only amending the Harris Act to provide for a total waiver of sovereign City of Cape Canaveral, Florida Resolution No. 2003-11 Page 2 immunity for government, but providing that such waiver is retroactive to May 11, 1995; and WHEREAS, the economic impact of amending the Harris Act as proposed and making it retroactive for eight (8) years would be devastating for the State and for local governments statewide; and WHEREAS, for example, the potential economic effect of eliminating sovereign immunity in the City of Miami Beach is reflected by the amounts claimed in its pending eight Harris Act cases which total $24,817,750, exclusive of interest, attorney's fees, and court costs; and WHEREAS, the amendments proposed in Senate Bill 1164 and House Bill 113 seek to interfere with the pending judicial process in the Royal World case, as well as in numerous other cases pending before various courts in the State of Florida, and WHEREAS, that portion of the proposed legislation which seeks to abolish sovereign immunity protection retroactive to May, 9995, if enacted, and determined to be constitutional, would frustrate as much as eight years of litigation throughout t he State (5 years in the City of Miami Beach alone), the expenditures of inordinate amounts of public and private funds for attorneys' and appraisers' fees and court costs, and potentially would set off a brand new round of litigation between the public and private sectors; and WHEREAS, the gross inequity of such a result is exacerbated when it is realized that the actual value of the properties which are subject to pending claims have increased, in many cases in exponential proportion in excess of their respective actual values since May, 1995, thereby creating the possibility for unjustly enriching the respective owners far beyond any investment -backed expectations; and WHEREAS, of greater or equal impact, the proposed amendments, if enacted, will seriously impair local governments in their efforts to comply with State -mandated requirements in such areas as growth management, comprehensive planning, concurrency, protection of fragile, environmentally sensitive areas such as wetlands, beachfronts and forestlands, concern with carrying capacity, and many other quality of life concerns; and WHEREAS, during the century and one half of Florida's existence, a comprehensive body of law has developed through Court interpretation of the State and Federal Constitutions and legislative enactment which has defined "takings" and the power and cost to the public incident to the exercise of eminent domain, all of which have amply protected and amply protect private ownership interests against the necessary as well as the arbitrary and capricious action of state and local governments. City of Cape Canaveral, Florida Resolution No. 2003-11 Page 3 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA that: Section 1. The aforegoing recitations are adopted in their entirety by the City Council of the City of Cape Canaveral. Section 2. The City of Cape Canaveral, Brevard County, Florida opposes the enactment of Senate Bill 1164 and House Bill 113 which set forth amendments to the Harris Act and further opposes any and all other proposed legislative enactments which would subject State and local governments to further liability for the constitutional exercise of their legislative and quasi-judicial responsibilities and powers. action 3. The is directed to provide certified copies of this Resolution to the President of the Senate, Speaker of the House, and the Governor. Section 4. This Resolution shall become effective upon adoption. ATTEST: Susan Stills, CITY CLERK APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY Rocky Randels, MAYOR Bob Hoog .dim Morgan Buzz Petsos Rocky Randels Richard Treverton FOR AGAINST CITY OF MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION TO: The Officers a i tors of the Florida League of Cities FROM: David Der r Mayor of C ty oWM Beach DATE: March 11, 2003 SUBJECT: Bert J. Harris Act Amendments, F. S. 70.001 (HB 113; SB 1164) I just received a copy of the Florida League of Cities 2003 Legislative Action Agenda. I was extremely disappointed to discover that no reference is made to the above proposed legislation which in my opinion, if enacted and if found to be constitutional, constitutes the most serious attack on local government launched by the legislature in over a decade. If you have not yet been made aware of these proposals and their consequences, please let me inform you of its purpose and effect. The above referenced bills have been filed as companion measures in the Senate and House of Representatives. A copy is enclosed for your information. As you can see, the purpose and effect of the proposed legislation is to amend existing language in the Bert J. Harris Act above referenced. As we read the proposal, it would have several effects. One would be to allow claims under the Act to ripen only when acts of government apply to a particular property, effectively lengthening the limitation period for filing claims. Another portion would waive sovereign immunity protection from all governmental agencies against whom claims have been asserted under the Act retroactive to May 1995. This proposal raises the question as to the economic impact on local governments in Florida of retroactively amending the Bert Harris Act. Since its enactment in 1995 there have been, according to our best information, over 258 claims asserted against local governments, some of which have been disposed of by settlement, some have been abandoned, some have actually gone to trial and some are pending in Court. One of the claims against the City of Miami Beach resulted in a Summary .Judgment favorable to the City (Royal World Metropolitan Inc. v. Miami Beach, Case No. 99-17243, Circuit Court 11"' Judicial Circuit, and Dade County). This result was based on the Court's determination that the doctrine of Sovereign Immunity was applicable and immunized the City from liability under the Act. This holding was supported, in part, by clear language in the Act (70.001, F.S.) which provides: "This Section does not affect the sovereign immunity of government." The decision in Royal World has been appealed to the Third District Court of Appeal and is presently pending consideration. The above referenced legislation is an unabashed attempt to interfere with the pending judicial process in Royal World as well as the numerous other cases pending before the various courts in this State, many of which likely affect your City. That portion of the proposed legislation which seeks to abolish sovereign immunity protection retroactive to May 1995, if enacted, and if determined to be constitutional, would inject itself into over five years of litigation, the expenditures of inordinate amounts of public (and private) funds, for attorneys and appraisers' fees and court costs and potentially set off a brand new round of litigation between the public and private sectors. The economic impact on the various governmental entities of Florida of retroactively abolishing sovereign immunity is probably incalculable. In Miami Beach alone, the amounts claimed in eight remaining pending cases total $24,817,750. To that sum can be added interest, attorneys' fees and court costs. Assuming that the proposed retroactive legislation can pass constitutional muster, the economic impact on the general funds of this City and other local governments can be devastating. The gross inequity of such a result is exacerbated when you realize that the actual value of the properties which are subject to the pending claims have increased, in many cases in exponential proportions in excess of their respective actual values as of May 1995, thereby unjustly enriching the respective owners, far beyond "investment based expectations". This City opposes the measure as presented in the entirety. That does not mean that reasonable amendments may not be considered, but it is unclear as to whether the proponents are interested in compromise. These bills, if enacted, will seriously impair local governments in their efforts to comply with state mandated requirements, such as growth management, comprehensive planning, concurrency, protection of fragile environmentally sensitive areas, wetlands, forest lands, beach fronts and concern with carrying capacity and many other quality of life concerns. Attached is a proposed Resolution for adoption by the League. I would urge that it be adopted as soon as possible because these measures are poised and ready to move. I also hope that this analysis, although brief, will be of assistance to you in explaining to our policy makers the degree of damage which can unnecessarily result to governmental entities in Florida. Such damage will directly impact the ad valorem tax payers of Florida, who are constituents of the State policy makers as well as the City policy makers. Encl. cc: Michael Sittig Chip Morrison, Esq. Russ Marchner Howard B. Lenard, Esq. Members of the City Commission 02/li/03 TLT 13:32 FAX Florida Senate - 2003 By Senators Pruitt and Geller 28-665A-03 SB 1164 1 A bill to be entitled 2 An act relating to property rights; amending s. 70.001, F.S., the "Bert J. Harris, 7r_ Private 4 Property Rights Protection Act"; amending 5 procedures for determining a governmental. 6 entity,s final decision identifying the 7 allowable uses for a property; providing that 8 enactment of a law or adoption of a regulation 9 does not constitute applying the law or 10 regulation: providing for a retroactive waiver ll of sovereign immunity for liability; providing 12 an effective date. 13 WHEREAS, the Legislature wishes to clarify its original 14 intent with respect to a waiver cf sovereign immunity under 15 section 70.001(13), Florida Statutes, the Bert J. Harris, Jr., 16 Private Property Rights Protection Act, and, therefore, to 17 make the effective date of the clarification retroactive Lo 18 May 11, 1995, the date of adjournment sire die of the 19 Legislative Session in which section 70.001, Florida Statures, 20 was enacted, and 21 wHEREAS, the Legislature wishes to make other changes 22 to clarify provisions of this act and to improve the reporting ?3 of cases filed under the act, NOW, THEREFORE, 24 75 Be It Enacted by the Legislazure of the State of Florida: 26 27 Section 1. Paragraph (b) of subsection (4), paragraph 28 (a) of subsection (5), and Subsections (11) and (13) of 9 section 70.001., Florida Staruzes, are amended to read: 30 70.001 Private property rights protection.— (4) 1 CODING:Words stricken are deletions; words underlined are addit.icns. NM i 02/1i/03 TUE 13:32 FAX 1000 Florida Senate - 2003 SH 1164 28-665A-03 1 (h) The governmental entity shall, provide written 2 notice of the claim to all parties to any administrati4e 3 action that gave rise to the claim, and to owners o! real I property contiguous to the owner's property at the addresses 5 listed on the most recent county tax rolls. Within =5 days 6 atter the claim is bei-ag presented, the governmental Entity 7 shall report the claim in writing to the state land Manning 8 a enc ,and shall provide the 9 a enc departmenr with the name, address, and telephone number 14 pf the employee of the governmental entity from whom 11 additional information may be obtained about the claim during 12 the pendency of the claim and any subsegvent judicial action. 13 (5)(a) During the 190 -day -notice period, unless a 14 settlement offer is accepted by the property owner, each of is the governmental entities prcvided notice pursuant to 16 paragraph (4) (a) shall issue a written zixnrss decision 17 identifying the allowable uses to which the subject property is may be put. The failure of the governmental entity to issue 19 such a written L�peness decision during the 180 -day -notice 20 period shall cause be deemed to ripmr the prior action of the 21 governmental entity to become its final decision identifying 22 the uses for the subject prop? , 23 24 owner. Whether rendered by submission of a written decision 25 during the 180-day-notice_ period or by failure to submit such 26 a written deCisicn, the final decision of a governmental 27 entity produced under this paragraph operates as a final 28 decision that has been rejected by the property owner, This 25 final decision Ther _ 3 , as a matter of law, 30 constitutes the last prerequisite to judicial review of the 31 merits, - for the 2 CODING -.Words ztzicken are deletions; words underlined are additions, 0=118103 TUE 13:33 FAX Florida Senate - 2003 28-665A-03 SB 1164 1 purposes of the judicial proceeding created by this section, 2 notwithstanding the availability of other administrative 3 remedies. 4 (11) A cause of action may not be commenced under this 5 section if the claim is presented more than 1 year after a law 6 or regulation is first applied by the governmental entity to 7 the property at issue_ Enacting a law or adc2tinR a regulation a does not constitute applying the law or regulation to a 9 nroperty.If an owner seeks relief from the governmental 10 action through lawfully available administrative or judicial 11 proceedings, the time for bringing an action under this 12 section is tolled until the ccnclusion of such proceedings. 13 (13) In accordance with s. 13, Art. X of the State 14 Constitution, the state, for itself and for its agencies or 15 subdivisions, waives sovereign. immunity for liability fcr 16 actions subject to this section, but only to the extent 17 specified in this section. This subsection applies :s retroactively to May 11, 1995. 19 - - 20 Section 2_ This act shall take effect July 1, 2003, 21 and the amendment to section 70.001(13), Florida Stat.;tes, 22 shall operate retroactively to May 11, 1995. 23 24•ty*r+�.+ittxt♦v++t♦ittt*t*w►�ti*i#*t+iia 25 SENATE SUMMARY 26 Amends s. 70.001., F'.S., the "Bert J. Harzis, Jr., Private Property,Rights Protection Act." Amends rocedures for 27 determining a governmental entity's fins decision identifying the allowable uses for a property. provides 28 that enactment of a law or regulation does not constitute application of the law or regulation. Provides for a 29 waiver of sovereign immunity for liability, retroactive to may 11, 1995- 30 �1 3 CODING:words smoke, are delerions; wcrds underlined are additions. C<A Sessi0n->B111s: i)senate.gov Page 1 of 2 !senate . g o Y Weicememcommittaes Senators j Information Statute: & lobbyist 1 Center constitution hformation Bills Calendars 3ournals Citator Search Appropriations Redistricting Select Year: 2003 Select Chamber:House GO O A GuidetQ..the format of This..Page Jump To:iB ll Text(j) 6mendmgnts(0) St0f_AnalysiS(0) Vote_EjjgUy(0) Citations House 0113: Relating to Private Property Rights H113 GENERAL HILL by Xottkamp (compare S-11-64) Private Property Rights; redefines term "acticn of governmental entity"; revises language re final decision of governmental entity identifying allowable uses fey certain property; provides language re first application of law or regulation that alters density, intensity, or use cf certain property; provides waiver of sovereign immunity. Amends 70.001. EFFECTIVE DATE: Upon becoming law. 01/23/03 HOUSE Prefiled 01/29/03 HOUSE Referred to Local Affairs (LGV); Local Government 6 Veterans' Affairs; State Administration; Judiciary; Transportation & Economic Development Appropriations (AP); Appropriations Bill 'text: (Top) — 1 11 IIY. Bill Name Date Posted Available Formats H 0113 01/31/2003 PDF Amendments: (Top) - —_ — w.loll�rr IrllAr.r_�LInAAA.Inn�All�.nlr�uir.�A.�.� H 0113: No Amendments Available Bill Analysis: (Top) .I I.AIAI.Ir_AAAA�IAAA�I�I.IIY�I.�. ... No Bill Analysis Available Vote History: (Topa IAA�P I. . II ■li YrY..��I��UI I..AII�..r—w• No Vote History Available Citations: (Top2 II Illi I .Ai4A..l IilgilA.��i��.rlinn..�q. --------------------------------------------------------------------------- STATUTE CITATIONS:(Top) 0070.001 CONSTITUTION CITATIONS: ' smion->Bi11s: flsenate.gov Page I of z f 15 e n a t e. g 0 Y Weieome 1 Committees, i seastorsInformation I Statutes A Lobbyist Center kcanstitntioo t[aformetion Bills Calendars Journals Citator Search Appropriations Redistricting Select Year: 2003- Select Chamber; Senate — Go A_Guide to the Format of.Th+s.Page Jump To: Bill_Text.(1) Amendments{0) Staff Analyiis(0) Vote_H's_story_(0) Citations Senate 1164: Relating to Private Property Rights Protection 111 1111111 IrYllgng S1164 GENERAL HILL by Pruitt; (CO-SPONSORS) Geller {Compare H_0113) Private Property Rights Protection; amends "Beit J. Harris, Jr., Private Property Rights Protection Act"; amends procedures for determining governmental entity's final decision identifying allowable uses for property; provides that enactment of law or adoption of regulation does not constitute applying law or regulation; provides for retroactive waiver of sovereign immunity for liability. Amends 70,001. EFFECTIVE DATE: 07/01/2003. 02/11/03 SENATE Prefiled Bill Text: (Top) IIi1 Y 1. 1 I 1 Bill Name Date Posted Available Formats S 1164 02/11/2003 4 Wets. Page 4 PDF Committee Amendments and Filed Floor Amendments: (Top) A III.. ..... S 1164: No Amendments Available Staff Analysis: (Top) No Staff Analysis Available Vote History: (Top No Vote History Available Citations, (Top) I wr r.nLl11r1 .. --------------------------------------------------------------------------- STATUTE CITATIONS: (Top) 0070.001 CONSTITUTION CITATIONS: NO CONSTITUTION CITATIONS FOUND FOR REQUESTED BILL. BUILDING DEPARTMENT Date: April 7, 2003 To: Bennett Boucher, City Manager From: Todd Morley, Building Official Re: Building Department Quarterly Activity Report - January - March 2003 The following report is a summary of the Building Department's activities, accomplishments and on-going projects for the months of January -March 2003 Building Department - Overview: • Todd Morley was appointed interim Building Official on January 6, 2003 by the City Manager. On March 7, 2003 the City Manager appointed Todd as the Building Official. As a result, there was an inspector vacancy. Tom Bubb was assigned the inspector duties. As a result, there is currently a plans examiner vacancy. The vacancy has been advertised for two weeks. • The Code Enforcement Officer position, vacant since last October, is also currently being advertised. The Building Department asks that all departments be patient with this transition period. • Department staff is working very hard keeping up with the demand for processing new and ongoing construction projects and inspections. • Jane Scofield was separated from employment as Secretary. Joy Daine, who will be transferring from the Finance Department, will replace her. Her main job duties will include: Secretary to the Community Appearance Board and Code Enforcement Board; assisting department staff with processing permits, answering phones, updating contractor electronic files and overall customer service. • James Watson continues as a temporary/part-time employee investigating and enforcing all aspects of code enforcement. Increasingly, he continues his work in Address Assignment. Building Department Quarterly Report January -March, 2003 Page 2 PROJECTED AND ON-GOING PROJECTS • Solana Lakes - construction is completing soon. • Cape Caribe - the hotel (150 units) and (1)time-share building (56 units) are under construction. • Bayside Condominiums & Townhomes- construction is ongoing. • Discovery Bay Single Family Subdivision - (2) New homes are planned. • Artesia Condominiums - corner of Buchanan & Pierce Avenues - project under construction, • Villages of Seaport - The overall project is ongoing. (2) townhouse buildings are under construction. • Villages of Seaport (phase 7) — (4) Five -story buildings will be starting soon. • Gaydan (389 Coral Drive) - ongoing project - (extension granted due to unforeseeable hardship). • Pindziak - various properties still under construction. • Cape Gardens — Currently under construction • River Gardens - (West of Cape Gardens) — Foundations have been laid. • Puerto Del Rio — One of the first of (3) 5 -story buildings has been completed and is currently occupied. The remaining two are under construction. • Ocean Woods West - Site plan is under staff review. • All Shores Townhomes - (2) townhouse units - preliminary plat was approved. Project is under construction. • All Shores Townhomes Phase II — Preliminary plat approved. Construction plans under review. • Bayport Condominiums - site plan was approved. • Ambassador Services Container Service Yard - site plan being reviewed by city staff. • Cape Club Condominiums — Waiting for construction plans. • Alleyway Vacation Request- (corner of Lincoln & Johnson Avenues) — Under staff review. • Marbella Townhomes - (2) unit townhomes are under construction. • Madison Avenue Duplex - under construction • Ocean Gardens Subdivision - (4) townhouse units under construction. (4) Completed. • Imperial Business Center - Final warehouse completed. • Houston/Gabriel Townhouse - 5021504 Jackson Ave. - under construction. • Gill SFR - 609 Manatee Bay Dr. - Completed. • Castillo Duplex - 2131215 Monroe Ave. - under construction. • Adams Villas - (2) townhouse units - under construction. Building Department Quarterly Report January -March 2003 Page 3 PROJECTED AND ON-GOING PROJECTS - Continued • Sunrise Villas Townhomes — Preliminary plat approved. • Solana On The River — Waiting for construction plans • Villa Toscana — Site Plan under staff review. • John Johansen Townhomes -- Preliminary plat approved. Construction plans being reviewed. • Casa Del Vista — Preliminary re -plat approved • Tech Vest Phase 10 —Site plan under staff review. Permitting Sq tatistics: (152) Permits were issued with a total construction valuation of $1,664,538.49. The department assessed $88,760.76 in permitting fees and $63,540.87 in sewer impact fees. (85) Permits were finaled. (63) Certificates of Occupancy were issued. (887) Inspections were performed. Code Enforcement Activities: The Code Enforcement Board heard (29) cases. (56) vehicles were posted. (46) came into compliance;(10) were towed. Community Appearance Board: During this quarter, the Community Appearance Board reviewed (9) requests. (9) were approved. Building Department Quarterly Report January -March 2003 Page 4 Planning & Zoning Board; The Board approved (4) preliminary plats and (1) site plan. The Board recommended approval of (1) final plat and (4) special exceptions. The Board interviewed & recommended appointment of Mr. Dennis Jenkins as a new Board member (alternate). The Board recommended approval of (4) proposed ordinances. The Board recommended approval of (1) vested rights determination. Board of Ad"ustments: The Board of Adjustments held (3) meetings during this quarter. (5) requests were made. (4) requests were approved. City Clerk/ Human Resource Office Quarterly Report, April 2003 HUMAN RESOURCES Position Vacancies: Building Official Building Inspector/ Plans Examiner Code Enforcement Officer — Full time Accounting Clerk Plant Operator Resignations/ Terminations: Joseph Keegin, Plant Operator — Class B Jane Scofield, Secretary, Building Department Transfer: Joy Daine, Accounting Clerk, Finance to Secretary, Building Department [In Progress] Promotion: Todd Morley, Building Inspector/Plans Examiner to Building Official *All resigning City employees are instructed to schedule an exit interview with Human Resources. At this time employees are given a questionnaire that helps management to evaluate its performance and to work toward enhancing employment with the City. Employee Activities • Govemor's Municipal Mentoring Initiative Employee mentors were recognized this quarter for the volunteer efforts at Cape View. A signed letter from Mayor Randels and Mayor Pro Tem Petsos was delivered to each participating employee. Apple Corp volunteer certificates will be distributed near the end of the School year. Risk Management • Acid from Exhaust Stack Damaged Member's Vehicles- Public Works facility Claim filed; damaged assessed, claims paid. • Claimant Alleged Damaged Tires on Manhole Cover -307 Adams Ave. Damage assessed; City not held liable. • Claimant Alleged Damage to Sanitary Sewer Line - Damage assessed, Third party paid claimant. ICMA 457 Deferred Compensation Plan • Dee Larsen, ICMA Representative, made her annual visit to Public Works and City Hall and Recreation employees to go over individual employee portfolios, make changes or initiate enrollment. City Clerk/ Human Resource Office Quarterly Report, April 2003 Page 2 Investment & Retirement Planning Education • Ms. Rita DuBois, Registered Investment Advisor, has agreed to conduct two free workshops with City employees on April 10th and April 15th. Ms. DuBois also teaches this course at Brevard Community College, She will focus on the benefits offered within the City's Pension and 457 Deferred Compensation Plans. Union -- Unit Clarification • Ms. Stills received a final determination from the Public Employees Relations Commission Hearing Officer on excluding the Environmental Analyst position from Union representation. Since the Environmental Analyst position in Water Reclamation was not included in the original Unit Clarification, the position is not subject to the Operating Engineers Bargaining Unit contract. Mr. HolderField was informed to adhere to the City's general policy manual. CITY CLERK'S OFFICE City Board Appreciation Dinner • The Clerk's office prepared for and held the Annual Board Appreciation Dinner at the Radisson Resort Conference Center. We are glad to report a substantial increase in the number of attendees. Information Management • Ms. Haas published this quarter's employee newsletter. • The Clerk's office worked with a representative from Advanced Data Solutions to obtain answers to any questions that arose from using the new imaging system software. Since installation last year the software appears to meet the Clerk's office, staff and the public's needs. Web Site • We continue to receive positive customer feedback through the web site's survey page. MEETINGS/SEMINARS/CONFERENCES • Ms. Stills and Marianne Huston, Safety Coordinator, attended a Space Coast Public Personnel/ Risk Management Association meeting in January. The focus: Benefits of Maintaining an Effective Safety Program. • Ms. Haas continues to attend Space Coast Government N meetings. The City uses SCTV for Agendas, Job Postings and contact information for Council members and staff. 04/07/2003 MON 09.14 FAX 13216323078 0 002 WASTE MAMA "MEntT U 3303 Loa a Drive Cocoa, FL .32926 (321) 636-6894 01 l) 6.32-.3078 Fax Bennett Boucber, City Mamger City of Cape Canaveral 105 Polk Ave, Cape Caoavemi, Florida 32920 Aprll 7, 2003 Re: First Qua = 2003 Report Dear Atlr. Boucher. Waste Management provided a total og 25 garbage collection% 12 green waste and 12 recycle collections to the single family residents. This equates to approkmately 81,977 collections. In additiou, service was provided to approximately 4,840 umIti-family units, 45 commercial can customers, 90 conunercial custvmm and 9 permanent rolloff accounts. A total of 42 documented concerns were received by the City during this time period and the breakdown is as follows: 14 garbage complaints, 5 recycle complaints, 13 green waste and 10 mal /dumpster complaints If you have any questions or need fwtber information, please feel free to coax me. Sincerely Tim Tuggle LI -11 Memo To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL". Fran: BENNETT C. BOUCHER, CITY MANAGER Dobe 4/9/2003 Roe QUARTERLY ACTIVITY REPORT — ANIMAL CONTROL_ This office processed 14 citizen requests for animal traps for the months of January, Febnmry and March, 2003 and was notilied that a total of 38 animals were trapped as follows: 12 possums 10 cats 16 raccoons 1= • Page 7 CITY OF CAPE CANAVERAL PARKS & RECREATION. DEPARTMENT 2'300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321)868-1227 email; 1)arkri:-ee� eartitlioik.e4)in PARKS & RECREATION DEPARTMENT QUARTERLY REPORT 5 JANUARY, FEBRUARY & MARCH 2003 ` The Parks & Recreation. Department had a full array of events daring the first quarter of the new year even though the numbers of snow birds here this winter seem to be lower than in past years. Brevard Youth Soccer Organization held registration at the Recreation Center on January 4". Little League began practicing in January; opening day was February 22"x. Due to the low number of participants there is only a minor boys league and T -ball utilizing one field this year. There is no major boys baseball or girls softball (the senior field was converted to accommodate this league) playing in Cape Canaveral this year. Gator Bill was at the Recreation Center on February 8. (report attached). Merritt Island Christian School is using our courts again this year for their varsity team tennis practice and home games. Their season ends in late April. Special Olympics began using the shuffleboard courts in March for praetice. They are here for a couple of hours on Sunday afternoons in preparation for their competition in dune. The City is allowing this use, as in past years, at no charge. Regrettably, the Patriots' Day Parade was cancelled due to lack of interested participants. It could be that this event has "ran its course", as in the past several years, there has been a decline in participation. Brevard County Parks Department cancelled the Traveling Skate Park dates, March 1416. Another date has not been scheduled as yet. P.A.L. representative, Deputy John Hudgens from the Brevard County Sheriff's Department, is using the Youth Center on Wednesday evenings for meetings. I believe the turnout is very low. The basketball court has been poured and striped. The only thing remauiing to be done is the installation of the safety fence on the west & south sides of the court. As soon as that is accomplished, the grant can be closed out and the City can be reimbursed $ 30,000 from the state. Engineering is nearly complete on the Manatee Park restroom/pienie pavilion. The next step will be advertising for bids. 'lice Youth Center had very good attendance during the past quarter. Mike has been doing a good,job of keeping the lids interested. Attendance for: January - 773 (avg. 30 per day) February - 699 (avg. 32 per day) March - 933 (avg 33 per day) The youths were required to re -register in January 2003 so we could purge, and update, our records. During the period of October 2001 through December 2002 there were 182 youths registered. The following is a breakdown of where they reside. Cape Canaveral 142 Rockledge 3 Cocoa Beach 15 Cocoa 2 Merritt Island 10 Titusville 1 no man's land 9 Those who do not reside in Cape Canaveral usually have a non-custodial parent or relative living, or working, in Cape Canaveral. Upcoming special events: April 19` - Easter Egg Hunt for children pre-school age - W grade Canaveral City Park, 10:00 a.m. May 2"d, W & e - Spring Fling Racquetball Tournament SATURDAY, FEBRUARY 8, 2M3 ATTENDANCE: 106 INCOME $106.00 EXPENCE: BILL. ROBB $150.00 FLYERS: 13.85 $163.85 + STAFF TIME