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CITY OF
CAPE CANAVERAL
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
May 6, 2003
7:00 PM
AGENDA
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
BOARD INTERVIEWS: Gene Petre, Recreation Board
Mary Ernst, Library Board
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of April 15, 2003.
2. Proclamation for Civility Month.
3. Proclamation for Elder Law Month.
4. Proclamation for Hurricane Awareness Month.
5. Proclamation for National Public Works Week.
6. Disposition of Surplus Property.
CONSIDERATIONS:
7. Motion to Approve: Request for State and Federal Transportation Project
Funding.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state,fl.us/cape
e-mail: ccapecanaveral@cfl.rr.com
00 I of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 2
8. Motion to Approve: Development Agreement with Traversa.
9. Motion to Approve: Acceptance of Landscaping Donation by Day
Development, Inc. in the amount of$9,823.
ORDINANCES: Second Public Hearing:
10. Motion to Adopt: Ordinance 09-2003; Amending Section 110-171; Providing
for Filing Requirements; Providing for the Clarification of Code Requirements.
11. Motion to Adopt. Ordinance No. 10-2003; Amending Chapter 90, Article II,
Providing for the Definition of Base Flood Elevations.
12. Motion to Adopt: Ordinance No. 11-2003; Amending Section 38-2 Fire
Safety Fees, Providing for Independent Plan Review.
ORDINANCES: First Public Hearing;
13. Motion to Adopt: Ordinance 12-2003; Establishing Uniform Board
Requirements for City Boards, for second reading.
14. Motion to Adopt: Ordinance No. 13-2003; Providing for the Permitting and
Regulation of Alarm Systems, for second reading.
RESOLUTIONS:
15. Motion to Adopt: Resolution No, 2003-13; To Officially Name Streets within
Cape Shores.
16. Motion to Adopt: Resolution No. 2003-14; To Officially Name Streets within
the Hitching Post Mobile Home Park.
17. Motion to Adopt: Resolution No. 2003-15; To Officially Name Streets within
the Villages of Seaport.
18. Motion to Adopt: Resolution No. 2003-16; To Officially Name Streets within
Ocean Woods West Townhomes.
DISCUSSION:
19. SR AIA, Welcome to the City of Cape Canaveral Sign.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
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.
CITY Or CAPE CANAVERAL
PARKS & RECREATION DEPARTMENT
7300 N.ATLANTIC AVENUE '" P.O.BOX 326
(321) 8684227
Email address:parknrec@earthlink.net
MEMO
TO: Mayor&Councilmembers
CC: City Manager
City Clerk
FROM: Nancy Hanson, Parks &Recreation Dept. i�
DATE: March 25, 2003
RE: Appointment to Recreation Advisory Board
At their March 24'meeting the Recreation Board interviewed prospective
member, Gene Petre,and,unanimously voted to recommend to Council that
Mr.Petre be appointed to serve on the Board.
With the resignation of Bili Schmidt there is an opening for one regular member
and one alternate. Billy Specht is currently serving as 1'alternate on the Board.
Mr.Petre will be out-of town when Council next meets (April 15a) but will be
available for a Council interview at the May 6'meeting.
*CITYOF CAPE CANAVERAL, FLORIDA
City Board Application
Please complete both sides
Applicant Name: Cd r Home Telephone:_ Z/_ - V///
Home Address: Sy$7 ��eE t�...�_ yE. E-Mail Address:�� -T�a 4?AeL
Business: �,Pef�rs�..�,..L�..�e ��Hows BusinessTelephone:3Z/_ gig
Office Address:
Brief Description of Education and Experience:
Are you a registered voter? Yes No
>-WS♦ us c,'--r,Z mow.
Have you been a resident of the City for 12 months or longer? Yes No
Do you currently hold a public office? Yes No
Are you presently employed with the City? Yes No 1/
At the present time, do you serve on a City Board? Yes No
At the present time, do any of the following relatives of yours serve on the City Council: father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, grandparent, grandchild, father-
in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother or half sister?
Yes No
At the present time, do any of the following relatives of yours serve on any other City board, commission or
special district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes No !/
Please specify which City Board you are interested in serving on: (indicate Preference, 'Ist, 2nd, 3rd, etc.)
Beautification Board Construction Board of Adjustment&Appeals*
Board of Adjustment* Library Board
Business and Cultural Development Board Planning and Zoning Board*
Code Enforcement Board* 1 Recreation Board
Community Appearance Board*
'Members of these Boards are required to complete Financial Disclosure Farms upon appointment to that Board and prior to July 15th of each
year following the Initial appointment while still a member.
City of Cape Canaveral, Florida
City Board Application
Page 2
Please list what you feel are your qualifications to serve as a member on one of the City's'Boards:
- ;S « �s •t �>A f � !y oe� /e �o-L 40/iiy'..ri-A,r i,1
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Would you consider serving on another City Board other than the one(s) you have selected on the front
of this form?
Ye
Applicant's signatur - Dater f 7—a 3
PLEASE NOTE: 1. Initial appointment to any City Board is subject to City Council approval
following a brief interview before the City Council at a regularly scheduled
meeting.
2. Your application will remain effective for one year from the date of
completion.
3. If you should have any questions regarding the completion of this
application, please contact the City Clerk's Office at 888-1221,
PLEASE RETURN COMPLETED APPLICATION TO THE CITY CLERK'S OFFICE,
CAPE CANAVERAL CITY HALL, 105 POLK AVENUE, CAPE CANAVERAL, FL 32920
APR-25-2003 06!09 CAPE CANAVERAL LIBRARY 407 66e 1103 P.01
C BR"ARU COUNTY II1TM-OFFICE
BOARD OF COUWff CCOMSMONM 1l dORAI+IDUM
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19mvard Cam 12'brmy System Phone:(321)868-1101,8613-1102
Cape Canaveral Public Library TeWwc_(321)868-1103
201 Polk Ave ue.Cape Canavrsal,FL 32920-3067
MEMO
TO: Susan Shills, City Clerk
City of Cape Camaveral
FROM: Isabel Matos-Escapa,Direct
Cape Canaveral Public Library
RE Mary EresVs Recowcrnendabon
DATE: April 24, 2003
Evelm Reid resigned from the Cape Canaveral Public Library Board on March 9,
2043. At the last Library Board Meeting on March 11, 2003,the Library Board
Members accepted her resiga =on. June Bell,Library Board Member, Proposed
Mary F.xnst as a new Library Board Member. The Library Board Members agreed
that Mrs. Ernst would be an exoellent Library Board Member. She is a retired
professional journalist who lives m the City of Cape Canaveral_ She has bow a
very active and supportive member of the Friends of the Cape Canaveral sire its
begtnrarig. She handles their publicity. She was married to'Furry Warne Ernst,
who served on the Cape Canaveral Public Library Board for rune years,before he
passed away.
The Cape Canaveral Library Board Mernbers and Y highly recommend Mary Ernst
to be appointed as our new L-bmy Board Member by the City of Cape Canaveral
Council Members_
Many thanks!
C.kWW W%NT=pQmy I3janetTR a1C Y mWsT itFiOp AENDATION.crd 4-24.dac
TOTRL P.E1
APR-25-2003 06:07 CAPE CANAVERAL LIBRARY 407 858 1103 P.02
CAM CAAAYSRAL 8U8LIC LIBRARY BOARD
DR. TIll[GRADY* CHMIUMFIXOR
P.O. Box 2612
CAf AVaRAL, n- 32920
April 23,2003
Mrs.Eveiirt Reid
220 Coral Dr.
Cape Canaveral,FL.32920
Dear Mrs.Reid:
It is with great regret that the Cape Canaveral Public Library Board accepts your resipativru from the
Board. We all kww that we have much more to thank you for than your dzw of service on the Lbrary
Board- The community as a whale is a much better place because of your efforts-
Thank you again-
Sincerely, .
O
Dr.Tian Grady,Chairperson
Cape Canaveral Public Iahwwy Board
cc: Susan std,Cape Cmnsveml City Clark
Isabel Matas-E�Director
Cape Canaveral Pub&Library
C:\My DoCuUMMIAlWay aWNdMeW tusismecon 4-23-M.aa
APR-25-2003 06=0? CAPE CANAVERAL LIBRARY 40? 866 1103 P.03
I—) BCW t
Isabel Emapa
From: "evekn"<greid2Ocft_rr.com>
To: "Isabel Matas Escape"<iescap9@rmnatee.brev.11b_fi_us>
sent Sunday,March 09,200310:58 AM
$ublect: Ubrary Board
Drat Isabel:
Because I am unable m attend meetings due to other obligations I am regretfully resigning my seat on the Library Board.
I hope that you will be able to fdl this vacancy before wo long. The library providc-s a groat service to our community and
board members should be able to pruvidc mare time to its affairs titan I find possible.
si w=ly,
Evelin Reid
04!08!2003
r boardapp ' t t�r 3 k�'age 1 of 2 '
City Council I City Hall I Home Page
City of Cape Canaveral
City Board Application
Please Print and Fax to Our Office at (321) 868-1248:
Applicant Name: 74 Home Telephone:
Home Address:XeY,4--
Business: - Business Telephone:
Office Address:
Brief Description of Education and Experience:
L
IZ
`-2/i
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e you a registered voter? Yes: cl No:
Have you been a resident of the City for 12 months or longer? Yes: c-- No:
Do you currently hold a public office? Yes: No: L----
Are
Are you presently employed by the City? Yes: No: 4 --
At
At the present time, do you serve on a City Board? Yes: No: --
At the present time do any of the following relatives of your serve on the City Council: father, mother,
son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, %-.ife, grandparent,
grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson- stepdaughter, stepbrother, stepsister, half brother or half sister?
Yes: No: 4--
At the present time, do any of the following relatives of yours serve on any other City board,
commission or special district: spouse, parent, child, grandparent or sibling of the whole or half blood?
Yes: No: L_
http://www.myflorida.com/cape/boardapp.html 1114103
boazdapp Page 2 of 2
Please specify on which City Board you are interested in serving : (Indicate Preference, 1st, 2nd, 3rd,
etc.)
Beautification Board of Business&Cultural
Adjustment* Development
Code Enforcement Community Appearance* Construction Board
of Adjustment&Appeals
Planning&Zoning
(Library * Recreation
*Members of these Boards are required to complete Financial Disclosure Form upon appointment to
said Board and prior to July 15th of each year following the initial appointment while still a member of
said Board.
Please list what you feel are your qualifications to serve as a member on one of the City's Boards:
z i
/iv 1� GLZ7, L !R/L. Y !'G� ��/� /` /W000')ci/�'i7Lli
2'e-
�1—
Would you consider serving on another City Board other than the one(s)you have selected on the front of this form?
Yes: No: t/
Applicant's Signature:/ ' �a' Date:
PLEASE NOTE:
. Initial appointment to any City Board is subject to City Council approval following a
brief interview before the City Council at a regularly scheduled meeting.
. Your application will remain effective for one year from the date of completion.
. If you should have any questions regarding the completion of this application, please
contact the Citv Clerk's Office at 868-1221.
http://www.myflor-ida.com/cape/boardapp.html 1/14/03
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
April 15, 2003
7:00 PM
MINUTES
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
Council Members Present:
Mayor Rocky Randels
Mayor Pro Tem Buzz Petsos
Council Member Bob Hoog
Council Member Jim Morgan
Council Member Richard Treverton
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
City Clerk Susan Stills
Building Official Todd Morley
Public Works Director Ed Gardulski
Fire Chief Dave Sargeant
PRESENTATIONS:
Spring Beautification Awards
Ms. Mary Jo Laws presented the award to the winners of the Single Family Beautification
Award, James and Carol Rhinehart of 252 E. Central Blvd.
Mr. Leo Nicholas and members of the Beautification Board requested to address to
the Council on a matter of concern. Mr. Nicholas expressed the Board's overall disfavor
with the entrance sign that the Canaveral Port Authority gave to the City. Mr. Nicholas also
expressed concern with the excessive cost of the design build concept from Stottler, Stagg
and Associates. On behalf of the Board he requested the Council's direction. Mayor Randels
replied that funds were still available from the Bennix funds for further landscaping of the
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 2
City entrance sign. Mayor Randels also distributed a report from the City Manager to provide
additional data. Mr. Nicholas stated that if the sign is cost prohibitive due to the waterfall
concept, then the Board would agree to forego the waterfall. Mayor Pro Tem Petsos
expressed that he received positive comments on the existing sign. Mayor Randels
concluded to present the issue as an agenda item at a subsequent meeting. Mr. Morgan
requested again to know the footer on the existing sign. Mr. Boucher replied that the Public
Works Director has data within the as-built concept.
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.
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.
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 any item for discussion.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to
approve Consent Agenda Items No. 1 through 10. The vote on the motion carried 5-
0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For and Mr. Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 3
CONSIDERATIONS:
11. First Modification to Settlement Agreement with Blarney 67, Inc.
Mayor Randels reviewed the amendments to the agreement. Mr. Glen Duffy, General
Contractor, polled the Council for questions. Mayor Pro Tem Petsos inquired about the
proposed elevation and if it included a berm. Mr. Duffy located the proposed berm and
stated that the elevation map places the dirt at three feet, four feet at the highest point.
Mayor Randels explained that this concept is planned for the Intersection of Thurm and
Astronaut Blvds. Mr. Duffy said that a drainage permit from St. John's River Water
Management is the only lacking component and five-foot wide sidewalks are also
proposed. Mr. Treverton questioned Paragraph 2.2 in that Blarney 67, Inc. will remove the
sign on the building. Mr. Duffy affirmed that the sign at the intersection comer and the
large backlit sign on the roof would be removed. He stated that the two entrance signs
would remain. Mayor Pro Tem Petsos asked if there were any success with the Radisson
property working along with this project. Mr. Duffy replied that Mr. Baugher would need to
acquire permitting first. Mayor Pro Tem Petsos stated that he would request for the City to
implement Ordinance No. 08-2003 and proceed with a sidewalk for a contiguous project.
Mr. Nicholas asked if the agreement set forth that no signs would replace the signs being
removed. Mr. Duffy affirmed and for the record, Attorney Garganese stated that Paragraph
2.2 outlines the provisions for what signage is allowable.
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
proceed with the First Modifications to the Settlement Agreement with Blarney 67,
Inc. The vote on the motion carried 5-0 as follows: Mr. Hoog, For; Mr. Morgan, For;
Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For.
ORDINANCES: First Public Hearing:
12. Motion to Adopt: Ordinance 09-2003; Amending Section 110-171; Providing
for Filing Requirements; Providing for the clarification of Code Requirements.
Mayor Randels read the Ordinance 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.
Attorney Garganese stated that this ordinance addresses the proposed change to scale
only. A subsequent ordinance will address the affidavit and the 51 percent rale as well as
an additional change that addresses the distance requirement between alcoholic beverage
establishments and churches.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 4
A motion was made by Mr. Treverton and seconded by Mr. Hoog to Approve
Ordinance No. 09-2003 at first reading. The vote on the motion carried 5-0 as
follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For and Mr. Treverton, For.
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 C2 Zoning
District; Providing for the Removal of Maximum Height Restrictions for
Landscaping, Hedges and Vegetation Screening, for second reading.
Mayor Randels read the Ordinance by title.
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.
A motion was made by Mayor Pro Tem Petsos and seconded by Mayor Randels to
Approve Ordinance No. 03-2003 for discussion. Mayor Pro Tem Petsos questioned
Paragraph (7) on Page 3 of 5 on the language, "except that hedges shall be comprised of
trees." Discussion followed on clarifying the landscape definitions for hedge or tree. Mr.
Boucher pointed out that certain trees planted by the City might be in violation of the new
ordinance. Mayor Pro Tem Petsos explained that if hedge plantings were maintained as
trees, then the plantings would not create the intended buffer. Attorney Garganese stated
that this ordinance refers to Chapter 102 that defines landscaping. He stated that the City's
plantings were in compliance according to the existing ordinance. Discussion followed on
the overall intent of screening.
Mr. Morgan pointed out that commercial areas out of compliance with screening originated
this ordinance and somehow discussion has strayed from the original intent. Attorney
Garganese stated that Council would need to define the ordinance's language. Council
members determined to set specific zoning boundaries within the ordinance. Attorney
Garganese stated that the current ordinance restricts plant height to six feet. Mr. Boucher
pointed out that a residential property allowed in a commercial area would need to adhere
to the same buffer requirements as commercial zoning. Ms. McNeely clarified the intended
goal to screen between the commercial and the residential area. Mr. Hoog emphasized
the importance of screening if commercial property should decide to build in a residential
area. Attorney Garganese recommended to dismiss with the existing ordinance and re-
draft an ordinance with a more clearly stated intent. The ordinance will be revised and
returned to the Planning and Zoning Board for review. The vote on the motion failed
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 5
5-0 as follows: Mr. Hoog, Against; Mr. Morgan, Against; Mayor Pro Tem Petsos,
Against; Mayor Randels, Against and Mr. Treverton, Against.
14. Motion to Adopt; Ordinance No. 11 2003; Amending Section 38-2 Fire Safety
Fees, Providing for Independent Plan Review, for second reading.
Mayor Randels read Ordinance No. 11-2003 by title.
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.
Mayor Randels explained that this change originated from the Code Review Workshop on
March 18th. Chief Sargeant stated that no fees are being amended. However, what was
incorporated into the Plans Review process, sending reviews for Fire Sprinkler or Alarm
Systems to an Independent Review by the Fire Protection Engineer in Tampa, would pass
the cost to the builder. This ordinance formalizes the conveyance of cost. Chief Sargeant
stated that Section 3 is new in that the ordinance is filed with the Florida Building
Commission and the Florida State Fire Marshall.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to
Adopt Ordinance No. 11-2003. The vote on the motion carried 5-0 as follows: Mr.
Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and
Mr. Treverton, For.
15. Motion to Adopt: Ordinance No. 10-2003; Amending Chapter 90, Article II,
Providing for the Definition of Base Flood Elevations, for second reading.
Mayor Randels read Ordinance No. 10-2003 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES,
RELATING TO FLOOD DAMAGE PREVENTION BY AMENDING CHAPTER 90,
ARTICLE II OF THE CIDE 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.
Mayor Randels stated that the Florida Department of Community Affairs [DCA] found a
minor deficiency in the City's code and stated the requirement for a definition of the lowest
floor. Mr. Morgan inquired about the new FEMA regulation that may change what this
ordinance establishes regarding the height above the crown of the street. The City
Manager will research this requirement with DCA.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 6
A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to
Adopt Ordinance No. 2003 for second reading. The vote on the motion carried 5-0
as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For and Mr. Treverton, For.
RESOLUTIONS:
16. Resolution No. 2003-11; Expressing Opposition to Senate Bill 1164 and
House Bill 113.
Mayor Randels read Resolution No. 2003-11 by title.
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.
Attorney Garganese explained that the Bert Harris Act was adopted by Legislature in 1995
as a Property Rights Act. It states that if a city adopts a land use regulation that creates an
inordinate burden on a property owner for example that reduces the property value, then
the City shall compensate the property owner for the devaluation that the City caused. The
Legislature is proposing to remove a small provision in the Bert Harris Property Rights Act
that states that the Act does not affect a City's right to sovereign immunity. Sovereign
immunity caps tort liability that a City might incur to $100-to 200,000. Currently by Statute
under tort liability a City is only liable for$200,000 and the only way to acquire more
money from a City for tort violation requires addressing the legislator with a claim requiring
the City to pay more than the sovereign immunity cap. The Legislature desires to dispense
with that provision in the Bert Harris Property Right Act stating that it does not affect a
City's sovereign immunity and therein lay the potential for unlimited damages for torts.
Attorney Garganese replied to Mr. Morgan that the Bills would take away a City's
sovereign immunity on Bert Harris Property's Rights claims.
A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve
Resolution No. 2003-11. The vote on the motion carried 5-0 as follows: Mr. Hoog,
For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr.
Treverton, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 7
REPORTS:
1. City Manager
• Mr. Boucher requested Council's feedback on lobbying for Legislation items and
asked if the Council were in favor of the League of Cities position on legislation.
Council members expressed to hear input and provide collective feedback.
• Mr. Boucher announced the Annual Trash Bash on Saturday, April 19th.
Reporting sites are the Cape Canaveral Library and Cherie Down Park.
• Mr. Boucher asked if Council desired to proceed with a Code Review Workshop.
Council agreed to May 6th at 5 P.M.
• Mr. Boucher related that Quarterly Reports were distributed providing good data.
A Goals Workshop will be scheduled for early May.
• Mr. Boucher reported that the draft beach end signs are ready.
2. Staff
Building Official
• Mr. Morley announced that Joy Daine transferred to the Building Department as
Secretary.
• Mr. Morley announced that applicants are being recruited for Plans Examiner/
Building Inspector position.
City Clerk
• Ms. Stills reported that the City employee newsletters were distributed.
• Ms. Stills requested Council member's participation in the Annual 3"d Grade Visit
to City Hall on May 8th. A tour is also planned of the Sheriffs office.
City Attorney
•
Attorney Garganese provided notice regarding an upcoming issue. The home at
620 Madison was constructed in the 1970's in violation of City setbacks. The
new owner would like to refurbish the property and the City is left with a non-
conforming structure and an existing code provision that might leave harsh
consequences. The City Manager, City Attorney and the Building Official looked
over the property and decided that a development agreement would permit the
property owner to refurbish. However, if the property were destroyed, any future
structures would need to comply with the setback requirements. Mr. Morgan
expressed that the City was a party by reason of issuing a permit. Mr. Boucher
stated that the previous property owner willfully created the violation. Each Council
member will discuss this matter at length with the City Manager and the Building
Official.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 8
AUDIENCE TO BE HEARD:
• Mr. Nicholas inquired about Arbor Day. Mayor Pro Tem Petsos plans to attend on
Friday, April 25th.
Mr. Nicholas questioned the League of Cities position on communication towers
legislation. Mayor Pro Tem Petsos noted that the League distributes a position
paper each Friday and also uses E-mail to disseminate real time information.
• Ms. Shannon Roberts related that Solana Shores is inquiring about the
supermarket location. Mr. Boucher replied that the Old Pantry Pride location is
under consideration.
• Ms. Roberts reported on three presentations that might be of interest to the Council:
a visit from the Kennedy Space Center Director, the International Space
Research Park and the 50-Year Master Plan for the Space Port.
Ms. Roberts also inquired about the Shuttle Orbiter status. The City Manager is
following up on this project.
3. City Council
Mr. Morgan
No report.
Mr. Hoog
• Mr. Hoog distributed an information booklet from the League of Women Voters.
• Mr. Hoog reported on Bob Kamm's of the Brevard Metropolitan Planning
Organization's presentation at the Space Coast League of Cities regarding
transportation issues in the County. The U.S. 1 project is costing up to $60
million; $35 million for right-of-way purchasing; total cost$1.3 million per mile. He
related that projects have been postponed for up to ten years.
• Mr. Hoog related a request to include a memorial for the astronauts lost in Shuttle
Columbia for the proposed Shuttle project.
• Mr. Hoog thanked staff for planning the Space Coast League of Cities event.
Mr. Treverton
• Mr. Treverton related that the Canaveral pedway project failed and asked Mr.
Nicholas for clarification. Mr. Nicholas stated that the property owners were
concerned with loss of property and they wanted to know if the City would consider
using the west bank of the canal instead. Other owners were not in favor of the
project at all, however continued effort would proceed.
Mayor Pro Tem Petsos
• Mayor Pro Tem Petsos requested plans for sidewalk infill both on SR Al and
throughout the community.
• Mayor Pro Tem Petsos requested status on prototype plantings on the beach.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 15, 2003
Page 9
• Mayor Pro Tem Petsos inquired about the Cartgraph software that Public Works
is using and asked if this would calculate staff hours as well as hours/expenses.
• Mayor Pro Tem Petsos related the possibility of a meeting with Commissioner Tony
Sasso and City Managers from both Cocoa Beach and Cape Canaveral on the
reuse issue.
• Mayor Pro Tem Petsos inquired if a statement were made regarding the hospital
bill.
• Mayor Pro Tem Petsos requested realigning representation on the Brevard
Metropolitan Planning Organization to include Cape Canaveral.
Mayor Randels
• Mayor Randels reported that he represented the County in Tallahassee on the
Library System. The State made a commitment of$43 million with $1.39 million
available for the County.
• Mayor Randels reported on the lack of forthcoming grants. He announced that
the Florida Forever Grant cycle is open with a deadline of June 10'". Mr. Boucher
stated that more points are granted for properties next to the ocean or the river.
• Mayor Randels was re-appointed to the Environmental Endangered Lands
Procedures committee.
• Mayor Randels reported that the City of Des Moines, Iowa is selling park
property.
• Mayor Randels reported that the Canaveral Lighthouse is recruiting
volunteers.
• Mayor Randels distributed information on the International Space Research
Park.
• Mayor Randels also distributed the new Foreign Trade Zone booklet.
ADJOURNMENT:
There being no further business, the meeting adjourned at 9:45 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
WHEREAS, the open exchange of public discourse is essential to the
democratic system of government; and
WHEREAS, as a cornerstone of democracy Americans have observed
certain rules of behavior generally known as civility; and
WHEREAS, civility, derived from the Latin words "civitas" meaning city
and "civis" meaning citizen, is behavior worthy of citizens living in a community or
in common with others; and
WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack
of respect and personal attacks detract from the open exchange of ideas, prevent
fair discussion of the issues, and can discourage individuals from participation in
government, and
WHEREAS, civility can assist in reaching consensus on diverse issues
and allow for mutually respectful ongoing relationships; and
WHEREAS, civility can uplift our daily life and make it more pleasant to
live in an organized society; and
WHEREAS, the City, County and Local Government Law Section of The
Florida Bar urges the adoption of a pledge of civility by all citizens in the State of
Florida.
NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape
Canaveral, Brevard County, Florida do hereby proclaim the month of May 2003
as
CIVILITY MONTH
And call upon all citizens to exercise civility toward each other.
"r
CIN I COUNTY AND LOCAL GOVERNMENT LAW SECTION
www.loc-gov-law.org
CHAIR:
Thomas Pelham
909 E, Park Ave.
Tallahassee,FL32301-2646
(850)222-5984
tgpeiham@aoLcom
CHAIR-ELECT:
Kenneth W Buchman
Pa Box 5 Aril 2, 2003
Plant City,FL 33564 1�
(813)650-4242
kbuchman(it plantcitygovcorn
SECRETARY/TREASURER:
Craig H.Caller Rocky Randels, Mayor
111 NW 1st St,Ste. 2810
Miami,FL 33128 105 Polk Ave.
(305)375-5151 P.O. BOX 326
chc@miamidade.gov C
IMMEDIATEPASTCHAIR: Cape Canaveral, FL 32920
Susan H.Churuti
315 Court Street
Clearwater,FL 33756-5165 Re: Proclamation. and Pledge of Civility in the Month of May
(727)464-3354
schuruti dco.pinellas.fl.us
aOARDLIAISON. Dear Mayor Randels:
Robed C,Blue,Jr.,Panama City
(850)769-1414
EXECUTIVE COUNCIL: Please join with other cities and counties in the State of Florida to proclaim
Terms Expiring 2003: May as Civility Month. Like last year, we have expanded our program to
District 4
Susan LTrevarthen include Florida's district school boards.
_
Ft.Lauderdale
(954)763-4242
Terms Expiring 2004: We hope that the pledge of civility will uplift the tone and conduct in your
District 1 meetings. Civilitylifts our common life, and invites citizens to
Cari L.Roth g uplifts
Tallahassee participate in their government. The art of civility requires constant
(850)488-0410
District z application everyday.
Mary Helen Campbell
Tampa
(813)272-5670 The attorneys of the City, County and Local Government Law Section of
Terms Expiring 2005: The Florida Bar ask you to renew the pledge of public conduct. A sample
District 3
Liz Hernandez proclamation is enclosed for your use. We urge all citizens to exercise
Miami
(305)460-5218 civility toward each other throughout the year.
District 5
Kaye Collie
Orlando Thank you for your attention to this important matter.
(407)836-5695
Terms Expiring 2003
At-Large Members:
Emeline C,Acton
Tampa Sincerely,
(813)272-5670
James L. Bennett
Clearwater /t`l
(727)464-3354 l�
Edward A.Dion
Fort Lauderdale Thomas G. Pelham
(954)357-7600
Lee M.Klllinger Chair
Tallahassee
(850)922-4300
Karl Sanders Enclosure
Jacksonville
(904)633-7979
Maureen S.Sikora TGP:ck
Bradenton
(941)745-3750
Ex-Officio Members:
All Past Chairs
SECTION ADMI NI S TRATOR:
Carol Kirkland
The Florida Bar
ckirklandCflabar org
THE FLORIDA BAR/650 APALACHEE PAR KWAYFFALLAHASSFF, FLORIDA 32399-23001(850) 561-5631/FAX: (854)561-5825
PROCLAMqTION
fl))IiereaS, the open exchange of public discourse is essential to the democratic system of
government: and
` &reaS, as a cornerstone of democracy Americans have observed certain rules of behavior
generally known as civility;
` fereas, civility, derived from the Latin words "civitas" meaning city and "civis" meaning
citizen. is behavior worthy of citizens living in a community or in common with others, and
` fereas, displays of anger,rudeness,ridicule,impatience,and a lack of respect and personal
attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage
individuals from participation in government, and
`l fereas, civility can assist in reaching consensus on diverse issues and allow for mutually
respectful ongoing relationships; and
Whereas,, civility can uplift our daily life and make it more pleasant to live in an organized
society: and
` fllereaS, the City,County and Local Government Law Section of The Florida Bar urges the
adoption of a pledge of civility by all citizens in the State of Florida.
Now, tfierefore, be it resolve ,, by the City Commission of the City of
that the month of May is proclaimed as Civility Month, and calls
upon all citizens to exercise civility toward each other.
Tassed and adoptedthis day of ,2003.
ATTEST:
CLERK
WHEREAS, older Americans are a vital national resource; and
WHEREAS, older Americans have unique and special needs requiring
legal attention, knowledge and expertise; and
WHEREAS, the population of the United States continues to age,
requiring specialized professionals to meet ever changing needs; and
WHEREAS, Elder Law is a vital and continually evolving area of law,
dedicated to the special needs of older Americans; and
WHEREAS, Elder Law encompasses a wide and varied range of
important matters such as estate planning, asset protection, incapacity planning,
long term care planning, residence rights, advocacy for seniors and protection
from abuse and neglect; and
WHEREAS, Elder Law Attorneys have scheduled public forums to
educate the community on elder Law, and to assist Senior Citizens in their areas.
NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape
Canaveral, Brevard County, Florida do hereby proclaim the month of May 2003
as
ELDER LAW MONTH
in the City of Cape Canaveral, Florida and urge all Citizens to recognize the
contributions made by all those involved in Elder Law and to afford themselves of
the knowledge, expertise and compassion of those committed to Elder Law.
,Iqak
ACADEMY OF FLORIDA ELDER LAW ATTORNEYS
P.O.BOX 13978 TALLAHASSEE,FLORIDA 32317 - 8501656-8848 • FAX 8501656-3038 - afela@afela.org
2002-2003 OFFICERS
President
John W. Staunton
John Staunton, P.A.
3000 Gulf to Bay Blvd., Ste. 102 March 26,2003
Clearwater, FL 33759
7271797-4000 FAX: 7271791-3000
jws@eldercarelaw.net
President-Elect Dear Mayor:
Leonard E. Mondschein
Mondschein and Mondschein, P.A. As President of Academy of Florida Elder Law Attorneys(AFELA),I hereby respectfully request
9000 SW 87th Ct., Ste. 218 that each governmental division in Florida proclaim May 2003 as Elder Law Month within the
Miami' FL 33176 boundaries of the affected cityor coup Elder Law Month was created b d celebrated b
305/274-0955 FAX: 3051596-0$32 �'- y�any
lenlawl@aot.com National Academy of Elder Law Attorneys(NAELA)as well.
Secretary
Edwin M. Boyer Governor Jeb Bush has proclaimed May,2003 as Elder Law Month in the State of Florida. Terry
Boyer Jackson, P.A. White of the Department of Elder Affairs has lent the agency's support to this worthwhile cause.
1800 2nd St., Ste. 760
Sarasota, FL 34
9411365-2304 FAX: 941113/3 64-9896 The older residents of the state and each individual community are an important national resource.
emboyer@boyerjackson.com Elder Law attorneys provide advocacy for seniors,protection from abuse and neglect and advice
Treasurer
and counsel in the areas of estate planning,asset protection, incapacity planning and long term
Kurt Weiss care planning.
Murphy Murphy & Weiss
1800 Penn St., Ste. 6 This year,AFELA has designated Area Representatives for AFELA for each area of the state in
Melbourne, FL 32901 which AFELA members provide services to the senior population. The list of Area
321/676-2525 FAX: 3211728-0809
kcw@iu.net Representatives for the entire state is attached.
Immediate Past President AFELA f
Area Representatives or are charged with coordinating efforts amon the AFELA
Joan Nelson Hook p g � g
4918 Floramar ser. members in their areas to make presentations and provide other educational opportunities and
New Port Richey, FL 34652 services during Elder Law Month,and to be the local spokesperson for AFELA to governmental
727/842-1001 FAX: 727/848-0602 entities and the press. Please feel free to contact the Area Representative in the event you have
jnhesq@elderlawcenter.com any questions or concerns. We hope to provide you with a list of events to be held in your area by
2002-2003 BOARD MEMBERS AFELA members during Elder Law Month.
Nicola Boone, Stuart
Enclosed is a sample Proclamation. On behalf of our seniors and the attorneys who represent their
Randy Bryan, Oviedo interests,AFELA requests that you proclaim,May 2003 as
Michael Connors, North Palm Beach
John Evans, Sebastian "Elder Law Month"
Sheri Kerney, Orlando
Alice Reiter Feld, Tamarac 'ham you for your time and attention to this matter.
Carolyn Landon, Lake Worth
Michael Pyle, Ormond Beach Yours very truly,
Ken Rubin, CELA, Coral Springs
Mark Shalloway, CELA,
West Palm Beach A jwc
Scott M. Solkoff, Boynton Beach
Lauchlin Waldoch, CELA, Tallahassee John Staunton,President
Ira Wiesner, CELA, Sarasota
Rebecca L. Berg, CELA, Jacksonville
ELS Section Liaison
EXECUTIVE DIRECTOR
Susan Cabrera
P.O. Box 13978
Tallahassee, FL 32317
8501656-8848 FAX: 850/656-3038
susan@afela.org www.afela.org
Sample Proclamation
[These clauses are provided merely as a tool to assist the governmental entity in creating a
proclamation without having to reinvent the wheel Use as many or as few of the following
clauses as you deem appropriate. Feel free to create your own language.]
Provisions Regarding The Importance of Senior Citizens:
/ Whereas, older Americans are a vital national resource; and
Z Whereas, older Americans have unique and special needs requiring legal attention, knowledge
and expertise; and,
z Whereas, the population of the United States continues to age, requiring specialized professionals
to meet ever changing needs; and,
Provisions Regarding The Importance of Elder Law and Elder Law Attorne s:
Cf Whereas, Elder Law is a vital and continually evolving area of law, dedicated to the special
needs of older Americans; and,
Whereas, Elder Law Attorneys deal "holistically"with their clients and families in order to
address a wide variety of needs and concerns of the elder clients and their family; and,
Whereas, Elder Law encompasses a wide and varied range of important matters such as estate
planning, asset protection, incapacity planning, long term care planning, residence rights,
advocacy for seniors and protection from abuse and neglect; and,
Whereas, Elder Law Attorneys are particularly trained to assist older Americans to access all
appropriate benefits for long term care such as Social Security, Medicare, Medicaid and
Veteran's Benefits; and,
Whereas, Elder Law Attorneys have unique training and skills to advise older Americans and
their families on these important issues and to draft the necessary documents to protect older
Americans; and,
Whereas, Elder Law Attorneys exhibit patience and concern for the needs, concerns and feelings
of their elderly clients and their families; and
Whereas, Elder Law is an ever changing and evolving area of law requiring dedicated
professionals to monitor these changes and present them to clients and the community as a
whole; and,
Provisions Regarding The Organizations Involved:
Whereas, the Academy of Florida Elder Law Attorneys, the National Academy of EIder Law
Attorneys, the Elder Law Section of the Florida Bar,the Elder Law Section of the County
Bar Association[Note, not every local bar association has such a section]and the City/County
of are dedicated to educating the elder attorney and the elderly community ; and
Whereas, these organizations strive to inform the elderly community of their legal rights and
opportunities to improve the quality of their lives through Elder Law, and
Provisions Regarding The Particular Local Events - Optional:
fp Whereas, Elder Law Attorneys have scheduled public forums to educate the community on Elder
Law, and to assist Senior Citizens in their areas.
(If you have been provided details on particular events and wish to include them.)
Now therefore, I . ......................... by virtue of the authority vested in me as Mayor(or applicable
official) of the City(or applicable governmental entity) of , Florida, do hereby proclaim the
Month of May, 2003 as
Elder Law Month
in the City(or applicable governmental entity) of , Florida and urge all citizens to
recognize the contributions made by all those involved in Elder Law and to afford themselves of
the knowledge, expertise and compassion of those committed to Elder Law..
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DE' tTMENT.OF
EALLD,� TER.
tai'i'MR_ s March 18, 2003
STATE OF FLORIDA
dEB BUSH
GOVERNOR
RE: Elder Law Month
TO WHOM IT MAY CONCERN:
The Department of Elder Affairs is the primary state agency responsible for
administering human services programs for the elderly. Its calling includes combating
ageism, creating public awareness and understanding the contributions and needs of
elders, advocating on behalf of elders, serving as an information clearinghouse and
preparing our communities for retirement. It strives to support self-sufficiency and self-
TIERRY F. WHITE determination for Florida's senior citizens.
SECRETARY
Each year, the National Academy of Elder Law Attorneys and the Academy of Florida
Elder Law Attorneys promote the month of May as Elder Law Month throughout the
nation and in Florida. Recognizing the intrinsic value and worth of Florida's older
population, Governor Bush has officially proclaimed the month of May as Elder Law
Month in the state of Florida.
The Department of Elder Affairs supports the designation of Elder Law Month. Like
the Department, AFELA members are zealous advocates for older Floridians and they
can be a tremendous resource to senior citizens and their families.
I encourage all citizens of Florida to learn more about eider law during Elder Law
Month, all newspapers and other media to publish information about Elder Law Month,
and all cities and counties to follow Governor Bush's lead in issuing proclamations
supporting Elder Law Month in Florida, as well as other activities during May,
including Older Americans Month and National Senior Center Week, May 11-17, 2003.
Sincerely, ,e
Terry White
Secretary
4040 ESPLANADE WAY
TALLAHASSEE
FLORIDA, 32399-7000
phone 850.414.2000 c.
fax 850.414.2004
TDD 850A14.2001 http://elderaffairs.state.tl.us
WHEREAS, the 2003 Hurricane Storm season begins on June 4. Being in a
coastal county the City of Cape Canaveral is extremely vulnerable to storm surges,
beach erosion and severe property damage from the effects of a hurricane; and
WHEREAS, Hurricane Storm forecasters have predicted an above average
hurricane season with a potential for making landfall in Florida; and
WHEREAS, the population increase during the past several years have resulted
in a percentage of the public not being fully aware of the danger of hurricanes; and
WHEREAS, a public that is well informed and prepared to respond to these
dangers can reduce the occurrence of loss of life, physical injury, and severe property
damage as a result of tropical storms; and
WHEREAS, the City of Cape Canaveral is dedicated to informing the public to
be prepared for hurricanes.
NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, does hereby unanimously proclaim the month of May
2003, as
HURRICANE AWARENESS MONTH
The City of Cape Canaveral urges the cooperation of the National Weather Service, and all
media in their efforts to inform the residents and visitors of our city on appropriate
preparedness and safety measures that should be taken for Hurricane Storm conditions.
WHEREAS, public works services provided in our community are an integral part
of our citizens' everyday lives; and
WWEREAS, the support of an understanding an informed citizenry is vital to the
efficient operation of public works systems and programs such as water, sewers, streets
and highways, public buildings, solid waste collection, parks and canal maintenance;
and
WHEREAS, the health, safety, and comfort of this community greatly depends on
these facilities and services; and
WHEREAS, the quality and effectiveness of these facilities, as well as their
planning, design, and construction, is vitally dependent upon the efforts and skill of
public works officials; and
WHEREAS, the efficiency of the qualified and dedicated personnel who staff
public works departments is materially influenced by the people's attitude and
understanding of the importance of the work they perform.
WHEREAS, this year's theme 'The Strength of Public Works", is a tribute to the
positive improvements public works employees have made to our communities.
NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral,
Brevard County, Florida, do hereby proclaim the week of May 18—24, 2043 as
National Public Works Week
In the City of Cape Canaveral, and call upon all citizens and civic organizations to
acquaint themselves with the issues involved in providing our public works and to
recognize the contributions which public works officials make every day to our health,
safety, comfort, and quality of life.
Nt � C.0 r�eE7...1, } �, hhL
,AMV-0164 4 'Pa6uc 110ooks lAs5eaauen
gleoaa
February 17, 2003
Ed Gardulski f� ZQQ
DPW ;f
City of Cape Canaveral
105 Polk Ave.
Cape Canaveral, FL 32920-0326
Re: "The Strength of Public Works"—National Public Works Week
National Public Works Week will be celebrated May 18--24, 2003. This year's theme, "The Strength of Public Works",
promotes a community's awareness that public works projects are vital to the growth and quality of life in any community
as well as the men and women who have chosen this field. By promoting Public Works Week government officials,
business leaders, and citizens learn from you the importance of public works and the positive impact it has on each
person's life.
One simple thing you can do is have a Proclamation issued by your community recognizing National Public Works Week.
In this way, you will acknowledge the men and women who have chosen this profession and perform so well. A sample
proclamation has been encloserfor:you review;°art use<=aw.approprat
_1<m �
The Florida Chapter of the Arhericart Pu6iic V1��iks Assoc�afion, hash traditl`onall- ask' cf"r original copies of these
proclamations so that they can be,-,,jiaplayed the Chapters nnual Meeting and Tradeshow. Last year, over 80
proclamations were on display. What an im p tuu ite to �.' . With your participation, we can continue with this
tradition and show the support ou ment give to those in e public world flbrd,
ft
This year the APWA Florida Chapter Annual Meeting and Tradeshow will take place April 14'h — 181h in Daytona Beach.
Please mail me an original copy of your proclamation, at the address below by Monday, April 7, so that it can be proudly
displayed for all to see. Hundreds, if not thousands of public works professionals, will walk past this booth and see your
proclamation on display. Most attendees stop by and look for their community's declaration.
The Annual Meeting and Tradeshow is just one way you and your community can show support to the public works field.
During National Public Works Week in May, your community may wish to participate in other activities and events to
remind the public how our employees improve the quality of life for everyone in the community. I direct your attention to
the website apwa.netlabout/npww/. You can open the"How To"guide and get numerous ideas.
If you have any questions, or require any assistance, please call, email, or write me. Looking forward to receiving your
proclamation.
Sincerely,
William G. Chamberlin, 11
Florida Chapter Chairman
National Public Works Week
Please mail your Proclamation to:
City of Orlando, c/o Bili Chamberlin, Streets, Drainage &Stormwater Utility Bureau,
1010 S. Woods Avenue, Orlando, Florida 32805
Phone: (407) 246-2180 Fax: (407) 246-2241 Email: bill.chamberlin@cityoforlando.net
PROCLAMATION
City of Name Florida
Whereas, public works services provided in our community are an integral part of our
citizens' everyday lives; and
Whereas, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as water, sewers, streets and
highways, public buildings, solid waste collection, parks and canal maintenance; and
Whereas, the health, safety, and comfort of this community greatly depends on these
facilities and services; and
Whereas, the quality and effectiveness of these facilities, as well as their planning,
design, and construction, is vitally dependent upon the efforts and skill of public works
officials; and
Whereas, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and understanding of the
importance of the work they perform.
Whereas, this year's theme "The Strength of Public Warks". is a tribute to the positive
improvements public works employees have made to our communities.
Now, therefore, The City Council of the City Name, Florida, does hereby proclaim the
week of May 18 —24, 2003 as
NATIONAL PUBLIC WORKS WEEK
In the City of Punta Gorda, and calls upon all citizens and civic organizations to acquaint
themselves with the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety, comfort,
and quality of life.
PASSED AND DULYADOPTED in regular session this day, Month 2003.
CITY OF NAME, FLORIDA
Mayor's Name
ATTEST.
City Clerk's Name
AMC-Vicar ?uktc 110e,4s 1A55 ciation
�lo�i�a Clra��ev�
February 17, 2003
0
Bennett C. Boucher
City Manager
City of Cape Canaveral
105 Polk Ave.
Cape Canaveral, FL 32920-0326
Re: "The Strength of Public Works"—National Public Works Week
National Public Works Week will be celebrated May 18 —24, 2003. This jour's theme, "The Strength of Public Works",
promotes a community's awareness that public works projects are vital to the growth and quality of life in any community
as well as the men and women who have chosen this field. By promoting Public Works Week government officials,
business leaders, and citizens learn from you the importance of public works and the positive impact it has on each
person's life.
One simple thing you can do is have a Proclamation issued by your community recognizing National Public Works Week.
In this way, you will acknowledge the men and women who have chosen this profession and perform so well. A sample
proclamation has been enclosed for your review and use as appropriate.
The Florida Chapter of the American Public Works Association has traditionally asked for original copies of these
proclamations so that they can be displayed at the Chapter's Annual Meeting and Tradeshow. Last year, over 80
proclamations were on display. What an impressive site to see! With your participation, we can continue with this
tradition and show the support our governments give to those in the public works field.
This year the APWA Florida Chapter Annual Meeting and Tradeshow will take place April 14`h — 181h in Daytona Beach.
Please mail me an original copy of your proclamation, at the address below by Monday, April 7, so that it can be proudly
displayed for all to see. Hundreds, if not thousands of public works professionals, will walk past this booth and see your
proclamation on display. Most attendees stop by and look for their community's declaration.
The Annual Meeting and Tradeshow is just one way you and your community can show support to the public works field.
During National Public Works Week in May, your community may wish to participate in other activities and events to
remind the public how our employees improve the quality of life for everyone in the community. I direct your attention to
the website apwa.net/about/npww/. You can open the "How To" guide and get numerous ideas.
If you have any questions, or require any assistance, please call, email, or write me. Looking forward to receiving your
proclamation.
Sincerely,
7\� A,
William G. Chamberlin, 11
Florida Chapter Chairman
National Public Works Week
Please mail your Proclamation to:
City of Orlando, c/o Bill Chamberlin, Streets, Drainage &Stormwater Utility Bureau,
1010 S. Woods Avenue, Orlando, Florida 32805
Phone: (407) 246-2180 Fax: (407) 246-2241 Email: bill.chamberlin@cityoforlando.net
PROCLAMATION
City of Name, Florida
Whereas, public works services provided in our community are an integral part of our
citizens' everyday lives; and
Whereas, the support of an understanding and informed citizenry is vital to the efficient
operation of public works systems and programs such as water, sewers, streets and
highways, public buildings, solid waste collection, parks and canal maintenance; and
Whereas, the health, safety, and comfort of this community greatly depends on these
facilities and services; and
Whereas, the quality and effectiveness of these facilities, as well as their planning,
design, and construction, is vitally dependent upon the efforts and skill of public works
officials; and
Whereas, the efficiency of the qualified and dedicated personnel who staff public works
departments is materially influenced by the people's attitude and understanding of the
importance of the work they perform.
Whereas, this year's theme "The Strength of Public Works"7 is a tribute to the positive
improvements public works employees have made to our communities.
Now, therefore, The City Council of the Cijy Name, Florida, does hereby proclaim the
week of May 18—24, 2003 as
NATIONAL PUBLIC WORKS WEEK
In the City of Punta Gorda, and calls upon all citizens and civic organizations to acquaint
thernselvzs widi the issues involved in providing our public works and to recognize the
contributions which public works officials make every day to our health, safety, comfort,
and quality of life.
PASSED AND DULYADOPTED in regular session this day, Month 2003.
CITY OF NAME, FLORIDA
Mayor's Name
ATTEST.
City Clerk's Name
Meeting Type: Regular
Meeting Date 05-06-03 r ,
AGENDA
_i= Iieaaing Consent
MY OF
CAFE CANAVERAL � 6
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: DISPOSITION OF SURPLUS PROPERTY
DEPT./DIVISION: PUBLIC WORKS
Requested Aetion:
City Council authorize the disposition of surplus property by sealed bid as recommended by the public works
director.
Summary Explanation& Background:
Attached is the surplus property list.
I recommend City Council authorize the disposition of surplus property by sealed bid.
Exhibits Attached:
Public works director's memo dated 4/29/03
City Man Office — Department PUBLIC WORKS
ca im\mydouments i \council\m ting\2003\05-06-03\surplus.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: April 29, 2003
SUBJECT: City Council Agenda Item for May 6, 2003
Disposition of City of Cape Canaveral Surplus Property
Pursuant to Florida State Statutes, Chapter 274 Tangible Personal Property Owned by
Local Government, request the disposal of the attached list of surplus property by seal bid.
Recommend that bid packages to be forward to local salvage dealers. The listed are obsolete
and serve no useful function to the City of Cape Canaveral. The items will be displayed in the
East Garage Door Bay at the City Hall Annex Building located at 111 Polk Ave. Viewing time
will be during normal working hours (Mon-Fri) from June 2"d to June 6th, 2003 from 8:00 to 2:00
p.m.,prevailing time. The items requested for disposal are no longer needed by the City and/or
have been replaced through the budget process. Bid opening to be June 6th 2003 at 3:00 p.m_
In accordance to FS 274.07, recommend the approval authorizing and recording of the
disposal of City of Cape Canaveral surplus property.
Attachment
CC: File
2002-2003 City Aution Items
Quantity Description Inventory/Asset Number
1 1986 Ford F700 Dump 1693
1 1987 Ford Flatbed 2171
1 1992 Oldsmobile 2405
1 1991 GMC Black Pick Up 2386
1 1992 Pontiac Gran Prix 2406
1 1987 Chevy Pickup 1710
1 1985 Dodge Boom Truck 1646
1 WYSE computer monitor NIA
1 TTX computer monitor 2379
4 TTX computer monitor NIA
1 Dell computer monitor 2276
1 Compaq computer monitor 2161
1 Samsung computer monitor 852
1 Gateway 2000 computer monitor NIA
1 Dell computer monitor NIA
1 Dell computer monitor 2294
1 WYSE computer monitor 1778
1 CTX computer monitor NIA
1 Dell computer monitor sn#22300410
2 TTX computer monitor NIA
1 EV300 computer monitor NIA
1 Magnavox computer monitor NIA
1 Konica copy machine 2324
1 Pitney Bowes copy machine 2319
1 Minolta copy machine 1776
1 Bell & Howell copy machine 2478
1 Wooden desk 080-1074
1 Wooden table top NIA
1 Cork board NIA
3 Wooden tables NIA
1 Timeclock 409
2 5 gal. Fuel cans NIA
25 Old light fixtures NIA
1 Small metal cabinet 3
2 McTower computers 2381 &2382
1 Compaq computer 2159
1 Computer 2506
1 MC Computer 2380
1 MC Computer 2475
1 E-3000 Computer 2516
1 Dell 433/NP computer NIA
1 Simtek Computer 2635
1 IBM printer 2162
1 HP Printer 2103
1 Genicom printer 1619
1 HP laser jet printer 862
1 Epson printer NIA
1 Lexmark printer NIA
1 Star printer sn#270070601666
1 Epson printer sn #G1 P1206752
1 DeClaser printer 2290
1 Panasonic printer 2249
1 Panasonic printer NIA
1 Chicony Keyboard NIA
1 WYSE keyboard NIA
1 Dell CD rom NIA
1 Box Axxis computer program NIA
1 Genicom 3320 2086
1 IBM wheelwriter typewriter NIA
1 TEC Cash register sn #8N200176
1 Sharp adding machine A0303
1 Sharp adding machine NIA
1 Logos adding machine 1371
1 Briefcase 1414
1 Hasler mailmaster 1780
1 Pitney Bowes Mailmaster 1423
1 Lanier recorder 1154
1 Radio shack recorder A0154
1 Harris recorder NIA
1 Box of old radio parts NIA
1 Onan Transfer switch NIA
1 3 hole punch NIA
1 Bell & Howell speaker 793
1 Dark wood bookcase NIA
1 Culligan Water system NIA
12 Boxes correction tape NIA
2 Gravely Mowers 1895& 1897
1 Kubota Mower NIA
1 Snapper Mower 2045
6 Brown padded chairs NIA
1 Wood & leather chair NIA
2 Brother fax machines NIA
1 Canon fax machine 2326
12 Pink chairs NIA
1 Box printer ribbon, add labels #3
1 Box computer books #4
1 Box telephone, modems, recorder #5
1 Box file racks, bookends, labels #6
1 Orange chair NIA
1 Yellow chair NIA
Meeting Type: Regular
Meeting Date: 05-06-03 � r
t AGENDA
Considerations
CX OF
CAPE CANAVERAL Item ]
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: REQUEST FOR STATE AND FEDERAL TRANSPORTATION
PROJECT FUNDING
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council prepare and-approve a transportation project list to be submitted to the Brevard Metropolitan Planning
Organization.
Summary Explanation& Background:
I have attached last year's project list and ranking, and I am requesting feedback and a motion for approval for this
Year's project submittal. The due date is 05-09-03. Please advise.
Exhibits Attached:
MPO letter;2002 Project List
City�Mana� is Office Department LEGISLATIVE
docu 1e nciflmcetin 3105-0d-03Wpo.doc
A*AJW 2725 Judge Fran Jamieson Way,
11111106, Bldg. A
Melbourne, Florida 32940
�REVARO Telephone: (321) 690-6980
= Fax: (321) 690-6827
-PAF
DATE: March 31, 2003
TO: City Managers
Technical Advisory Committee Members
Growth Management Subcommittee Members
FROM: Kama Dobbs, Transportation Planner ,y&
SUBJECT: Request for State and Federal Transportation Improvement Funds and Locally
Funded Project Information
Each year the MPO is required to prepare a five-year work program of transportation projects
planned for the Palm Bay-Melboume-Titusville Urbanized Area. This five year program, the
Transportation Improvement Program (TIP), is the basis for receiving federal and state
transportation funds. Preparation of the TIP begins with the MPO establishing project priorities
for the Brevard County area.
To prepare this document, we need your assistance. There are two steps in the TIP process
that must be completed by you. The first is to submit information regarding locally funded and
implemented projects for inclusion in the FY 2004- 2008 TIP. The second is to submit requests
for projects to be federally funded, which will be prioritized for inclusion in the FY 2005- 2009
TIP or future TIP's. The requirements for each step are described below. Enclosures for each
step are grouped together.
Locally Funded Project Information (FY 2004-2008)
The MPO includes locally funded projects in the TIP for information only. To have your
jurisdiction's projects included in the TIP, you need to complete the enclosed form. Projects that
should be included are capital transportation improvement projects, such as new road
construction or road widening, and major maintenance activities such as resurfacing or paving
projects. Projects that will occur, in any phase, in FY 2004 through FY 2008 should be included.
For reference, if you submitted projects for the last TIP, a copy of your submittal is also
enclosed. We would appreciate it if you complete this form and include all transportation
projects you have planned for the next five years and the estimated project cost.
The right-hand column of the TIP form is labeled "Plan Support". Please enter an "X" in this
column if the project is included in your comprehensive plan. This will enable the MPO to
submit a TIP that meets current FDOT and DCA requirements. Please note that local
goverment projects are included in the TIP for information purposes only. The MPO has no
jurisdiction over the funding or implementation of projects using local funds.
We would appreciate receiving the completed forms as soon as possible before MAY 9, 2003.
We will compile all of the information for the TAC, CAC and MPO to review at their meetings in
August.
City Managers, TAC Members, GMSC Members
March 31, 2003
Page Two
Project Requests for Federal Funding (FY 2005— 2009)
Preparation of the TIP begins with the MPO establishing project priorities for the Brevard County
area. Enclosed is a blank standard form titled "Request for Slate and Federal Transportation
Project Funding". Under the provisions of the Transportation Equity Act for the 21s Century
(TEA-21), transportation projects on arterial and collector roads under the control of both local
governments and FDOT are eligible for federal funding. The "Request for State and Federal
Transportation Project Funding"form is the method by which local governments inform the MPO
of potential improvement projects on arterial and collector roads. In general, the projects that
will be implemented by FDOT and use state and/or federal funds should be included on the
form. The MPO will consider these projects when it prioritizes transportation needs for funding
consideration. A more detailed explanation of the form is enclosed.
Please note that the purpose of the form is to advise the MPO of potential new projects that
should be considered for state and federal funding only. The forms are not to report projects
that will use local transportation improvement funds.
The MPO strongly urges the council or commission of each local government to adopt the list
prior to submission to the MPO. This will insure that both the staff and elected officials are
aware of the project list and that the projects included on the form(s) do actually represent the
local government's position.
The MPO will request that FDOT continue funding Enhancement projects according to the
priorities submitted last year, therefore, no new Transportation Enhancement applications will
be considered this year. Additionally, traffic operations projects will be reviewed and prioritized
by the Traffic Operations Committee.
We would appreciate receiving the completed forms by MAY 9, 2003. The Growth
Management Subcommittee will meet June 19, 2003 to evaluate the requests and submit
preliminary priority recommendations to the TAC, CAC and MPO to review at their meetings in
August.
For your convenience, electronic versions of both forms have been posted on the MPO
web site at the following URL: http://www.brevardmpo.com/tipforms.htm. Please note
you must type the entire URL into your browser to access these forms. If you have any
questions regarding either process, please contact myself or Bob Kamm at 690-6890 or e-mail:
kamad@brevardmpo.com.
Project Requests for Federal Funding
FY 2005 — 2009
INSTRUCTIONS FOR COMPLETING THE "REQUEST FOR STATE AND FEDERAL TRANSPORTATION
PROJECT FUNDING" FORM
GENERAL: The "Request for Funding Form" should be used by any local agency to nominate an improvement project
that will require state and/or federal funds to implement. The form will provide information on transportation
improvement needs so the MPO and its committees can realistically and fairly evaluate one project relative to others of
the same general type. The form should not be used for projects relying entirely on local revenue, for transportation
enhancement projects, traffic operations projects or for projects using funds allocated by formula directly to agencies
such as SCAT, airports, the port or the spaceport. A separate form should be completed for each candidate project.
Note there are two forms on each page. Please include a response to each item even if the response is "NA." For
work processing convenience, project data can be typed on a separate page, rather than the form itself. Please contact
the MPO staff if there are questions concerning this form or how it should be completed for a specific project.
LINE 1: Enter the name of the local government or agency submitting the request.
LINE 2: If multiple requests are submitted, the individual projects must be prioritized. This ensures consideration of the
most pressing local needs.
LINE 3: The location should specify the road name and project limits or the intersecting street(s) as appropriate. Maps
are not required but can be submitted if needed to better define the project limits. Federal funds can only be spent on
collector and arterial roads(i.e., the federal aid highway system). Contact MPO staff to verify a project is located on the
federal aid highway system. State funds are limited to projects on the state highway system. Federally funded projects
not on the state highway system usually require 12.5% local match.
LINE 4: The action the applicant desires to have implemented with state or federal funds such as "conduct planning
study," "design improvements," "acquire right-of-way". Execution of any required preliminary studies will be the normal
first step in the implementation process even if the applicant does not explicitly request such a study on Line 4.
LINE 5: A brief statement about the nature, extent, duration and consequences of the deficiency the project is intended
to address. An additional page may be attached to explain a complicated problem.
LINE 6: If a prior study was conducted, please reference in 6(a) the type of study, the data and the author such as
FDOT corridor study, city warrant study, etc. The study recommendation(s) should generally match the requested
action in line 4. A copy of the study should be made available if requested. Do not submit the study unless requested
by MPO staff. If a study has not been performed, 6(b) should cover the type and extent of such a study. Execution of
the study will normally be the first step toward project implementation.
LINE 7: Any known public and/or private sector actions over the upcoming five years that may substantially affect the
nature or timing of the requested action should be noted. The intent is to properly define the scope of the project,
identify potential constraints and/or future opportunities for publiclprivate partnerships, ROW donation, etc.
LINE 8: Summarize any public comment on the requested project. Any actions by elected bodies should be noted.
The intent is to gauge potential public support for or opposition to a project. The lack of public comment on a requested
project will not"count against"the project.
�54pCE ASO
s
Ci f Cape Canaveral
rY oap
CITY OF
CAPE OF
yr..
April 29, 2002
Mr. Bob Kamm
Brevard County MPO Director
2725 Judge Fran Jamieson Way
Building A
Melbourne, FL 32940
RE: CITY OF CAPE CANAVERAL—REQUEST FOR STATE AND FEDERAL
FUNDING HIGHWAY PROJECTS
Dear Mr. Kamm:
The City of Cape Canaveral is submitting seven(7)transportation projects that have local
significance to our community. The mayor and city council would be greatly appreciative of the
Brevard Metropolitan Planning Organization's consideration of these projects.
Sincerely,
Be e .Bo her
Manager
BCB:kmm
Encs.
cc: Honorable Mayor and Members of City Council
Public Works Director
105 Polk Avenue - Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.state.fl.us/cape
e-mail: ccapecanaveral@cfl.rr.com
REQUEST FOR STATE AND FEDERAL FUNDING
HIGHWAY PROJECTS
1. SUBMITTING JURISDICTION: City of Cape Canaveral
2. JURISMCTION'S PRIORITY WITHIN THE CATEGORY: 1
3. PROJECT LOCATION. SR AIA, International Drive and N. Atlantic Avenue (401 )
4. REQUESTED ACTION: Reconfigure alignment of intersection
5. DESCRIPTION OFPROBLEM: International Drive and N. Atlantic Avenue are offset
with the alignment of SR AIA, thus an unsafe area
6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date,author and conclusions: Thi s pro ext
is recommended within the SR AIA Transportation Alternatives Study
b. If No,what type of study may be needed to better define the problem and/or solution(s): N/A
7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAYAFFECT REQUESTED ACTION: Port interchange
project resulting in increased traffic volume and growth in area
8. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE: City Council approves of this _project
------------------------------------------------------------------
REQUEST FOR STATE AND FEDERAL FUNDING
HIGHWAY PROJECTS
1. SUBMITTING JURISDICTION: City of Cape Canaveral
2. JURISDICTIONS PRIORITY WITHIN THE CATEGORY: 2
3. PROJECT LOCATION: SR Al A and Columbia Uriy _
4. REQUESTEDACTION: Construct a pedestrian overpass
5. DESCRIPTION OF PROBLEM: There presently is no safe way to cross SR AlA at
this intersection
6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes,give study type, date, author and conclusions: N/A
b. If No,what type of study may be needed to better define the problem and/or solution(s): Warrant Study
7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: Canaveral Port
Authority Interchange, increase traffic volume
S. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE: City Council approves of this project _
REQUEST FOR STATE AND FEDERAL FUNDING
HIGHWAY PROJECTS
1. SUBMITTING JURISDICTION: City of Cape Canaveral
2. JURISDICTIONS PRIORITY WITHIN THE CATEGORY: 3
3. PROJECT LOCATICN: SR A 1 A
4. REQUESTED ACTION: Install overhead boom/mast arm signals (4 ) locations
5_ DESCRIPTION OF PROBLEM: City is on a barrier island; current signals are
subject to severe wind damage
6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Identified
within the SR AIA Transportation Alternatives Study
b. If No,what type of study maybe needed to better define the problem and/or solution(s): Upgrade to new
standard
N/A
7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION:
8. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE: City Council approves of this project; will
help to keep traffic flowing after a storm event
------------------------------------------------------------------
REQUEST FOR STATE AND FEDERAL FUNDING
HIGHWAY PROJECTS
1. SUBMITTING JURISDICTION: City of Cape Canaveral
2. JURISDICTIONS PRIORITY WITHIN THE CATEGORY: 4
3. PROJECT LOCATION: SR a1A
4. REQUESTED ACTION: Street lighting plan and implementation
5. DESCRIPTION OF PROBLEM: Street lighting on SR Al A is deficient
6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type,date, author and conclusions: Identified
within the SR A1A Transportation Alternatives Study
b. If No,what type of study may be needed to better define the problem and/or solution(s): N/A
7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A
S. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE: City Council approves; project will
provide safety for vehicular traffic and pedestrians
REQUEST FOR STATE AND FEDERAL FUNDING
HIGHWAY PROJECTS
1. SUBMITTING JURISDICTION: City of Cape Canaveral
2. JURISDICTIONS PRIORITY WITHIN THE CATEGORY: 5
3. PROJECT LOCATION: SR Al A
4. REQUESTED ACTION: Synchronize traffic lights
5. DESCRIPTION OF PROBLEM: Current signalization interrupts traffic flow
6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes,give study type, date, author and conclusions:
Identified within the SR AIA Transportation Alternatives Study
b. If No,what type of study may be needed to better define the problem and/or solution(s): N/A
7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A
8. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE. City Council approves
------------------------------------------------------------------
REQUEST FOR STATE AND FEDERAL FUNDING
HIGHWAY PROJECTS
1. SUBMITTING JURISDICTION: City of Cape Canaveral
2. JURISDICTIONS PRIORITY WITHIN THE CATEGORY: 6
3. PROJECT LOCATION: SR Al A
4. REQUESTED ACTION: Design and construct an urban roadway profile for SR Al A
5. DESCRIPTION OF PROBLEM: Installation of an urban roadway will provide safety
for vehicles as well as pedestrians
B. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: Recommended
within the SR AlA Transportation Alternatives Study
b. If No,what type of study may be needed to better define the problem and/or solution(s): N/A
7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: N/A
S. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE: City Council approves
REQUEST FOR STATE AND FEDERAL FUNDING
HIGHWAY PROJECTS
1. SUBMITTING JURISDICTION: City of Cape Canaveral
2. JURISDICTIONS PRIORITY VATHN THE CATEGORY: 7
SR AIA and Columbia Drive
3. PROJECT LOCATION:
4, REQUESTED ACTION: Install traffic signal with pedestrian features
5. DESCRIPTION OF PROBLEM: Will help to make this intersection safe for
vehicles and pedestrians
6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions: NIA
b. If No,what type of study maybe needed to better define the problem and/or solution(s). warrant study
7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION: increased
traffic due to growth in this service area
$. SUMMARIZE PUBLIC COMMENT RECEIVED 70 DATE: FDOT will not lower speed limit; traffic
volumes are increasing, safety is major concern
------------------------------------------------------------------
REQUEST FOR STATE AND FEDERAL FUNDING
HIGHWAY PROJECTS
1. SUBMITTING JURISDICTION:
2. JURISDICTION's PRIORITY WITHIN THE CATEGORY:
3. PROJECT LOCATION:
4. REQUESTED ACTION:
5. DESCRIPTION OF PROBLEM:
6. PREVIOUS STUDY OR EVALUATION COMPLETED: a. If Yes, give study type, date, author and conclusions:
b. If No, what type of study may be needed to better define the problem and/or solution(s):
7. RECENTLY COMPLETED, PLANNED OR PROGRAMMED PROJECTS THAT MAY AFFECT REQUESTED ACTION:
8. SUMMARIZE PUBLIC COMMENT RECEIVED TO-DATE:
Meeting Type: Regular
Meeting Date 05-06-03 "; r ;
AGENDA
Heating Considerations
C(TY OF
CAPE CANAVERAL Item S
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: DEVELOPMENT AGREEMENT WITH SUZANNE TRAVERSA,
620 MADISON AVENUE
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
City Council consider the approval of this development agreement with Suzanne Traversa,620 Madison Avenue.
Summary Explanation& Background:
This agreement will allow Traversa to legally remodel the structure in question, which is in violation of the north
side setback. See attached agreement and correspondence from the 1970's on this issue.
I recornmend approval.
Exhibits Attached:
Development agreement
City Ma r ffice Department BUILDING DEPARTMENT/PUBLIC
SAFETY
ca im\mydo anent xn\council ing12003\05-06-03\traversa.doc
DRAFT 4-29-03
Prepared by and Return to:
Anthony A.Garga nese,City Attorney
Brown,Salzman,Weiss 8 Garganese,P.A.
225 E.Robinson Street,Suite 660
P.O.Box 2873
Orlando,FL 32802-2873
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ("Agreement"), entered into this
day of , 2003, by and between the CITY OF CAPE CANAVERAL, a
Florida municipal corporation (hereinafter "City"), whose address is 105 Polk Avenue,
Cape Canaveral, Florida, 32920, and SUZANNE TRAVERSA, an individual (hereinafter
"Traversa"), whose address is 620 Madison Avenue, Cape Canaveral, Florida 32920.
RECITALS:
WHEREAS, Traversa owns real property located within the City of Cape
Canaveral, Florida; and
WHEREAS, in and around the 1970's, the previous owner of the real property
constructed two (2) residential structures on the property in violation of the setback
requirements of the City Code; and
WHEREAS, the City attempted to get the previous property owner to construct
the structures in compliance with the City Code; however, the structures were not
brought into compliance and subsequently allowed to exist, to date, for approximately
twenty-five (25) years; and
WHEREAS, Traversa now desires to substantially remodel the structures for the
use and enjoyment of her family; and
WHEREAS, since the structures were not lawfully constructed in accordance
with the City Code in the first place, the structures are not legally considered
"nonconforming structures" pursuant to Section 110-193 of the Cape Canaveral Code;
and
Page 1 of 7
DRAFT 4-29-03
WHEREAS, unless the structures are considered legally nonconforming by the
City Council, the structures must be removed from the setback area before the building
official can issue the building permits necessary for the remodeling; and
WHEREAS, even though the structures are not "legally" nonconforming, as
provided in the City Code, the City Council finds that after full and complete review of
the facts and equities of this case, relief should be granted and the existing two (2)
structures on the Property should be given a nonconforming status under the terms and
conditions of this Agreement so that the structures can be remodeled by Traversa.
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 as follows:
1.0 Recitals. The foregoing recitals are hereby incorporated herein by this
reference_
2.0 Real Property. The real property subject to this Agreement is located at
620 Madison Avenue, Cape Canaveral, Florida, Parcel ID #24-37-23-CG-00018.0-
0014.00, and legally described as Lot 14, Block 18, AVON-BY-THE-SEA, according to
the plat thereof as recorded in Plat Book 3, Page 7, of the Public Records of Brevard
County, Florida ("Property").
3.0 Nonconforming Status. In exchange for Traversa's acknowledgment
and agreement as set forth in Section 4.0 of this Agreement, the City agrees that the
existing two (2) residential structures located on the Property are hereby deemed legally
nonconforming structures with respect to the setbacks only. As long as the structures
remain nonconforming, the structures shall be given all the rights and benefits of
nonconforming structures under the Cape Canaveral Code, as may be amended from
time to time. For reference and convenience purposes only, the existing City Code
section pertaining to nonconforming structures is set forth as follows:
Page 2 of 7
DRAFT 4-29-03
Sec. 110-193. Nonconforming structures.
Where a lawful structure exists at the effective date of adoption or amendment of the
ordinance from which this section is derived that could not be built under this chapter
because of restrictions on area, lot coverage, height, setback or other characteristics of
the structure or its location on the lot, such structure may be continued, so long as it
remains otherwise lawfully subject to the following:
(1) Such structure may not be enlarged or altered in a way which increases its
nonconformity, but any structure or portion thereof may be altered to decrease its
nonconformity.
(2) Should such structure be destroyed by any means to an extent of more than
50 percent of its fair market value at time of destruction, it shall not be
reconstructed, except in conformity with this chapter.
(3) Should such structure be moved for any reason for any distance whatever, it
shall thereafter conform to the regulations of the district in which it is located after
it is moved.
(4) Where a lawful dwelling structure, located on a single lot of record, exists at
the effective date of adoption or amendment of the ordinance from which this
section is derived that could not be built under this chapter, such structure may
be repaired, enlarged, extended, rebuilt, reconstructed or structurally altered,
provided that setback dimensions, maximum lot coverage, building setback lines
and other requirements of the additional structure conform to the regulations for
the district in which such lot is located. Any additional construction to an existing
structure that encroaches on setback requirements must conform to the setback
requirements of the zoning district. Any legally established encroachment on
setback requirements may be repaired, rebuilt, reconstructed or structurally
altered, but not enlarged or extended, provided the encroaching portion of the
structure is an integral part of the structure.
4.0 Traversa Acknowledgment. Traversa acknowledges and agrees that
but for this Agreement, the two (2) residential structures located on the Property would
not be considered legally nonconforming and would not be granted the rights and
privileges of nonconforming status. In consideration of the structures being deemed
legally nonconforming by the City, Traversa agrees to fully abide by any and all Cape
Canaveral Codes related to nonconforming structures.
Page 3 of 7
DRAFT 4-29-03
5.0 Successors and Assigns. This Agreement shall automatically be
binding upon and shall inure to the benefit of the successors and assigns of each of the
parties.
6.0 Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
7.0 Amendments. This Agreement shall not be modified or amended except
by written agreement duly executed by both parties hereto and approved by the City
Council of the City of Cape Canaveral.
8.0 Entire Agreement. This Agreement supersedes any other agreement,
written or oral, and contains the entire agreement between the parties as to the subject
matter hereof.
9.0 Severability. If any provision of this Agreement shall be held to be invalid
or unenforceable to any extent by a court of competent jurisdiction, the same shall not
affect in any respect the validity or enforceability of the remainder of this Agreement.
10.0 Effective Date. This Agreement shall become effective upon approval by
the City Council of the City of Cape Canaveral and execution of this Agreement by both
parties.
11.0 Recordation. This Agreement and any amendments hereto shall be
recorded by the City in the public records of Brevard County, Florida, and shall run with
the land.
12.0 Relationship of the Parties. The relationship of the parties to this
Agreement is contractual and Traversa is an individual and not an agent of the City for
any purpose. Nothing herein shall be deemed to create a partnership, or joint venture,
or principal-agent relationship among the parties, and no party is authorized to, nor shall
Page 4 of 7
DRAFT 4-29-03
any party act toward third persons or the public in any manner which would indicate any
such relationship with any other party.
13.0 Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28,
Florida Statutes, or any other limitation on the City's potential liability under state or
federal law.
14.0 City's Police Power. Traversa acknowledges and agrees that the City
hereby reserves all police powers granted to the City by law. In no way shall this
Agreement be construed as the City bargaining away or surrendering its police powers.
15.0 Interpretation'. The parties to this Agreement acknowledge and agree
that all parties have participated equally in the drafting of this Agreement, and no party
shall be favored or disfavored regarding interpretation of this Agreement in the event of
a dispute between the parties.
16.0 Permits. The failure of this Agreement to address any particular City,
county, state and federal permit, condition, term or restriction shall not relieve Traversa
or the City of the necessity of complying with the law governing said permitting
requirements, conditions, term or restriction.
17.0 Third Party Rights. This Agreement is not a third party beneficiary
contract, and shall not in any way whatsoever create any rights on behalf of any third
party.
18.0 Specific Performance. Strict compliance shall be required with each and
every provision of this Agreement. The parties agree that failure to perform the
obligations established in this Agreement shall result in irreparable damage, and that
specific performance of these obligations may be obtained by suit in equity.
Page 5 of 7
DRAFT 4-29-03
19.0 Attorneys' Fees. In connection with any arbitration or litigation arising out
of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's
fees and costs through all appeals to the extent permitted by law.
20.0 Future Rezonin s/Develo meat Permits. Nothing in this Agreement
shall limit the City's authority to grant or deny any future rezoning or development permit
applications or requests, or the right of Traversa to apply for or oppose any future
rezoning or development permit application subsequent to the Effective Date of this
Agreement. In addition, nothing herein shall be construed as granting or creating a
vested property right or interest in Traversa or on the Property.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first written above.
ATTEST: CITY OF CAPE CANAVERAL
a Florida municipal corporation
By:
SUSAN STILLS, City Clerk ROCKY RANDELS, Mayor
Date:
WITNESSES:
SUZANNE TRAVERSA
Date:
Page 6 of 7
DRAFT 4-29-03
STATE OF FLORIDA
COUNTY OF BREVARD
The foregoing instrument was acknowledged before me this day of
2003, by SUZANNE TRAVERSA, an individual, [ ] who is personally
known to me, or [ ] who has produced as identification.
NOTARY PUBLIC, State of Florida
(SEAL) My commission expires:
Page 7 of 7
e
CITY :•VWGER FRFINCIS
L"ii1" : F3U11.7TN-3' OFFICIAL'S Y.Er'OPf
On .lune 11 , 1973 permit #1900 ww;
of '020 'Madison Avenue for a swimnin pool and ;A 2;'
issued by P. L. Snaith with accrxq)a yi.::, pl,-m-' I-ilich
gyne S Wry hobby shop. The final iru;P : :t ion
on :•arch 19, 1974. 1.4nat was ac real.ly bui 1 t 1-n r,c)
plan� or permit.
1. The s L-,m ng pool was built in �rccarctw:n c:
plan.
2. Tl-:e p,t-ound floor hobby shop Lurned our ro i,i
c.P th storage roar► d' x
3. On the 2nd floor over this u:rport :sr.:i
an apar=-,vr:t 16' x 24' t t:( a win.; E5x .
conplete living quarters - kitchen arui
560 SQ.FT. in all.
4. On trovarher 18, 1975 per t:
E. :{. Allen to const ucr_ a roa:i aLlciitiU-1 (/f
to a single fai.ly residEnt' as of Jana-:ar;
no work cn this was started.
5. On January 12, 1976 p mnit „2233
block u.all on north and lost ling:. On
inspection: was made an the wall and it
that: the above 9' x 12' addition had
roof, siding and winch-4, but unfin.ishr-d ir(ter: ..
an addition to the 2nd floor over an ricfdi tic.: ::
This makes the living quarters approxi.,rrtei.y
of 668 SQ. FI.
Skirmar lives in this 2nd fl-or
out cYe rain house.
7. 3-:r. Ski;--.er grope I
/Jl�i—t
sk
1
v 4 a
J.
R r. s 7 711 1 T ' v a 4o r
cr7 '� J;� + r .'f-� h
fi+ _ �' eur t', 311
MY RANACIER lPAI� 'CTS
B=MC OFFICIAL
ADDITIONAL INFOR'IIATION CONCEIMNIG
3 FEBRUARY 1976
Ad,dLion:-il inforr?;ition on rw letter to YOU CLit-ed
.':i 1:i= Sr it .er •- 620 �Lldi.scn Avenin.
1. !his is a 50' nor-confonning lot with only one
single family house allowed.
2_ The additi*al structure is an acce_.:;ory buildin
the zoning ordi-nance forbids living quarters in
accessory struct=e in any residential zone
is zoned R-3.
3. In the R-3 zone the smallest living, unit allowe ci
4� is f64 SQ. FT. �-_xceor in motels and hotels) . ThL
quarters in this accessory building is approxi:,:.,,, :
658 SQ. FI'.
Y. If it could be called a "Guest House" such quarte
have no kitchen facilities and not rented or otrtC:?-.:.
used as a separate dwelling.
5. The plans and permit on file in no way resemble t,.:
s true tu-e as built.
6. 'There is electrical wiring and outlets in the
new 9' x 12' addition with no provisions for
inspection. The permit states a valuation on the
addition of $400.00 with a $5.00 permit fee and c1,.,.
included in the $5.00 fee.
t
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CO'SI ON, W11- 1 P1G hAS ACCcWLI SHO) OR NEWLVFD,
MR. SK1M'iEk STAMI I-HAI fIE WAS U-PVINi 0.1 C I Fy 1-h ;i�`N'I-Dky iFOC AO
L?TE1%vJE D TRIP WITH W IDEA M01 HE WCGI3} .cEII'RN.
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RHG
s E-
Meeting Type: Regular `
Meeting Date 05-06-03 + r
'• i "y 4 AGENDA
HeAmg Considerations
CITY OF
GAPE CANAVERAL Item 9
No.
AGENDA REPORT
CITY COUNCEL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: ACCEPTANCE OF LANDSCAPING DONATION BY DAY
DEVELOPMENT,INC.
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the acceptance of landscaping donation by Day Development, Inc. in the amount of$9,823 to
landscape the northeast perimeter of the wastewater treatment plant.
Summary Explanation& Background:
Mr. Bill Young,representative of Day Development,Inc.,presented the attached landscaping plan on City property.
The public works director and I reviewed the plan and support Mr. Young's donation to the City.
I recommend City Council accept this landscaping donation.
Exhibits Attached:
Proposal and plan
City Ma er' ffce Department LEGISLATIVE
i
April 18, 2003
-17A..STCOAS T LANDSCAPING 1159
P.O. Box 6216 Bill Young
5790 25th Street S.W. Larry Bryant
Vero Beach, Florida 32961-6216 Per Customer Request
Phone: 772-978-7219 Pending Utility Location
Fax- 772-794-9836
Ernad:ecland0bgIlsouthnet
..........
Quotation
Day Development, Inc. Bayside Condominium
P. O. Box 939 Waste Treatment Facility Entrance
Cape Canaveral, FL 32920
Pt-lono321-784-3425
x: 321-784-8373
4 Argentinean Queen Palms- 30'-35'o.a.(20'mi ni mum spread) $550.00 ea $2,200.00
4 Labor to Plant-Argentinean Queen Palms- 30'-35'o.a.(20'minimum spre $363.00 ea $1,452.00
6 Argentinean Queen Palms- 16'-20'o.a. $252.00 ea $1,512.00
6 Labor to Plant-Argentinean Queen Palms- 16'-20'o.a. $166.32 ea $997.92
30 Podocarpus-25-gallon $30.00 ea $900.00
30 Labor to Plant- Podocarpus-L5-gallon $19-80 ea $594.00
1 Fertilizer, Mulch &Staking $1,500.00 I.s. $1,500.00
SLjbtota� $9,156.92
y 0 rl M c1 t e f i a i's C)F-1 1 Y! S'a i ,,, T' 6 $366.72
$4,612.00 Due upon acceptance of quote for plant material - balance due Freignt $300.00
upon completion of work T j 1,,
$9,822.64
This is a quotation on the goods and services named above,subject to the conditions noted belomr.
1) Eastcoast Landscaping is not responsible for any irrigation installation required for this project and therefore M costs and/or expenses for irrigation or
installation are reflected in he above quoted items.
2) Eastcoast Landscaping issues a limited replacement warranty on the above quoted items as follows: for 90 days an all shrubs, vines, groundcovers and
miscellaneous planting materials and for 6 months on all trees and palms. This does not include damage due to natural causes and/or disaster(i.e.:drought,
lightning,hurricane.flooding,winds andlor gusts exceeding 30 mph,insects,parasites,animals,etc.),neglect and/or damage caused by any other party/parties
other than Eastcoast Landscaping Personnel.lack of proper irrigation and/or improper care,excessive water,poor soil condition,improper nutrients,disease or
parasite spread from e)dsting plants or trees on the above stated items.
To accept this quotation,sign and return:
®N ARGUMWAN QCIIPALM 30/35'OA 2P MK SPRPAD
q QUMNPAILB 14-12W 0.A
• 3Q)P000CARP12325CAL6zr
•
•
•
X:
ami l cwa�n
eNJFue •
•
•
•
•
dIl arotM�s-(7T2yg7-3e14 r
Waste e kanir>ur11s t Facility- East Coast L� SrFla�pi n*a r
R..o..:
BaysididC"x
Bayside Cond772 e7219 1159�m-794MM n.r:
04)1=003
5 CE':.Aeyd .
Meeting Type: Regular `s�+
Meeting Date 05-06-03
AGENDA
Heading Ordinances-2°a Reading.
C1TY OF
GAPECAHAVEAAL
Item 10
No.
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
DEPUDIVISION: P&7/GROWTH MANAGEMENT
Requested Action:
City Council adopt Ordinance No. 09-2003 clarifying Code Section 110-171.
Summary Explanation& Background:
Ordinance corrects a reference in the code and clarifies the pian scale of a plan submittal.
I recommend approval.
Exhibits Attached:
Ordinance No. 09-2003
City Man s Office Department P&Z/GROWTH MGMT
can im\mvdoc int n\councillsneetina12003\05-06-03109-2003.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
s#r-ikeeu4 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. 49-2003
Page 1 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. , (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 net less than one-eighth 118
inch equals one 1 foot ineh and shall detail room layouts 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 day
of , 2003.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Buzz Petsos
SUSAN STILLS, City Clerk Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
FADocs\City of Cape Canaveral\Ordinances\Spec_Excep_Alcoholic_Bev_Amend_ll.wpd
City of Cape Canaveral
Ordinance No. 09-2003
Page 3 of 3
E
Meeting Type: Regular
Meeting Date 05-06-43 r
rR.x AGENDA
Heading (hdinances-2nd Reading'
CRY OF
CAPE CANAVERAL Item I I
No.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 10-2003,AMENDING CHAPTER 90,ARTICLE II, PROVIDING FOR
THE DEFINITION OF BASE FLOOD ELEVATIONS
DEPT./DIVISION: P&ZIGROWTH MANAGEMENT
Requested Action:
City Council consider the adoption of Ordinance No. 10-2003 providing for the definition of base flood elevations.
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
City Man Mee Department P&7_JGROWTH MGMT
cap im\mydo en n\council\meeting12003\05-06-03110-2003.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 1 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 11,
entitled Flood Damage Prevention is hereby amended as follows: (underlined type indicates
additions and strikeotit type indicates deletions, while asterisks (* * *) indicate a deletion from the
Ordinance of text existing in Chapter 90, Article II. 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 II. FLOOD DAMAGE PREVENTION
Sec. 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, 255 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 S. 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 , 2003.
ATTEST:
SUSAN STILLS, City Clerk
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
F:\Docs\City of Cape Canaveral\Ordinances\Flood_Damage_040I03.wpd
City of Cape Canaveral
Ordinance No.: 10-2003
Page 3 of 3
Against
Meeting Type: Regular
Meeting Date 05-06-03
AGENDA
Heading
Ordinances -2°d Reading'
Item
12
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 DEPARTMENT/PUBLIC SAFETY
Requested Action:
City Council consider adoption of 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. 11-2003
City Ma ffice
Department FIRE DEPARTMENT/FIRE SAFETY
cape- \mydoc a s\ councillMeetTng\2003\05-06-03\11-2003
doc
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 pians 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
sk4keou 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 occupancy 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 by the city 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 t�pplicant. Such costs shall be in addition to any pplicable 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 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 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.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Jim Morgan
Buzz Petsos
SUSAN STILLS, City Clerk Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
F:%Docs\City of Cape Canavera]%Ordinances\Fire_Permit Fees.wpd
City of Cape Canaveral
Ordinance No. 11-2003
Page 3 of 3
Meeting Type: Regular
Meeting Date 05-06-03
AGENDA
Heading
Ordinances
Ian
13
No.
I recommend approval.
AGENDA REPORT
CITY COUNCH, OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 12-2003, ESTABLISHING UNIFORM BOARD REQUIREMENTS
FOR CITY BOARDS
DEPT./DIVISION: LEGISLATIVE
Requested Action: -
City Council consider, at first reading, Ordinance No. 12-2003, establishing uniform board requirements for City
boards.
Summary Explanation & Background:
This ordinance wiH standardize uniform procedures and requiremnts for all of our City boards. This item was a
result of our code review workshop.
I recommend approval.
Exhibits Attached:
Ordinance No. 12-2003
City Main s Mee
Department LEGISLATIVE
cape- \my oc nt in\council\meeting\2003\05-06-03\12-2003.doc
BROWN, SAx.ZMAN, WEISS & GARGANESE, P.A.
Usher L Brown
Suzanne D'AgresW
Anthony A. Garganese°
Gary S. Salzman°
John H. Ward •
Jeffrey S. Weiss
'Board Certified Civil Trial Lawyer
98oard Certified Business Litigation Lawyer
a Board Certified City, County & Local Government Law
Attorneys at Law
Offices in Orlando, Kissimmee,
Debra S. Babb-Nutcher
Cocoa & Viera
Jeffrey P. Buak
John U. Biedenham, Jr.
Joseph E. Butch
tichelle H. Brett
Douglas Lambert
Jennifer A. Michael
Michelle A. Reddin
Vincent E. Scarlatos
Erin J. O'Leary
Of Counsel
April 25, 2003
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Uniform Board Requirements - Ordinance 12-2003
City of Cape Canaveral - General File No. 513-001
Dear Bennett:
Enclosed is the draft of the uniform board requirements ordinance that I would like
placed on the May 6th agenda for the City Council's consideration. I have also enclosed
a table of county -wide board requirements that I would like included as background
information for the agenda item.
If you have any questions, please call.
Ve�truV yours,
Anthony A. Garganese
City Attorney
AAG:jf
Enclosures
Ordinance 12-2003
County Board Requirements Table
225 East Robinson Street, suite 660 - P.O. Box 2873.Orlando, Florida 32ao2-2873
Orlando (407) 425-9566 Fax (4o7) 425.9596 - IGssimmee (329) 402-054.4 • Cocoa & Viera (tW 425-9566
Website: www.orlandolaw.net - Email: firm@orlandolaw.net
ORDINANCE NO. 12-2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF
CAPE CANAVERAL CODE OF ORDINANCES, RELATING
TO UNIFORM PROCEDURES REGARDING THE
OPERATION OF CITY BOARDS AND COMMITTEES;
PROVIDING FOR A PURPOSE AND INTENT; PROVIDING
FORDEFINITIONS; PROVIDING FOR REQUIREMENTS OF
MEMBERS; PROVIDING FOR TEE APPOINTMENT AND
REMOVAL OF MEMBERS; PROVIDING FOR A TERM;
PROVIDING FOR TERMINATION DUE TO ABSENCES;
PROVIDING FOR ELECTION OF A CHAIRPERSON;
PROVIDING FOR THE APPOINTMENT OF ALTERNATE
MEMBERS; PROVIDING FOR THE REPEAT., OF PRIOR
INCONSISTENT 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 bylaw;
and
WHEREAS, the City Council desires to enhance the public's respect and confidence in the
municipal services delegated to, and performed by, city boards and committees and to ensure that
decisions of boards and committees are in the best interests of the city; and
WHEREAS, in furtherance of this goal, the City Council desires to establish uniform and
consistent procedures and requirements for the various city boards and committees, including but not
limited to procedures and requirements for establishing and/or abolishing boards and committees, and
appointing and removing members thereof and for conducting board and committee business; 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. 12-2003
Page l of 15
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. Chapter 2 Code Amendment. The City of Cape Canaveral Chapter 2
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
2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 2 - Administration
Article IV. Boards, Committees, Commissions
Sec. 2-173.. Uniform Procedures and Requirements.
Purpose and intent; Conflicts. The purpose and intent of this section is to enhance the
public's resagrt wd 2gnfidgUre in the m nicipal services delegated to and performed by city
boards and committees and to ensure that decisions of boards and committees are in the best
interests of the Lt , The purpose of this section is also to establish uniform and consistent
procedures and requirements for establishing „and/or abolishing boards and eomp-dttees and
appointing and removing members thereof and for conducting board and committee business.
To the extent any provision of this section conflicts with other any other provision of this
Code it is the inten pf the cit council that the provisioM ofthis section shall groN%il, To the
extent the provisions of this section are preeLmpted bv state or federal law, it is the intent of
the city council that the provisions of state or federal law shall prevail.
fib,)
Definitions. As used in this section the terms or Dhrases listed in this subsection shall have
the following meaning`
"Property Owner" shall mean any_person having (a a fee simple ownership interest in real
pgopgM 1pgated in the city or anequitable Qr legal inter t in a co1porati on. partnership,
trust or other legal entity which has a fee simple ownershiR interest in real property located
in the ci at all times while servin on said board or committee and at least six 6 months
prior to beingnominated, elected or appointed to the board or committee
City of Cape Canaveral
Ordinance No. 12-2003
Page 2 of 15
"Resident" shall mean any person living within the city limits at all times while serving on said
board or committee, and at least six (6) months prior to being nominated, .elected or
appointed to the board or committeg
(c) Re irements o board and oommittee members. Any personnominated elected or gpopinted
to serve on a board or committee of the city shall sati* the following retluiremenrts-
LIJ LpMgleteA board or committee gpplication gg VMcribed by the gity council•
M Consent to a standard criminal background check at the discretion ofthe gily council,•
Be a Resident or Property Owner as defined b v this section unls,¢ the ci co l�ncil by
unanimous vote waives this requirement upon a determination. that a vacancy on a
boazd or committee must be filled b a arson with specialized skills and trainingand
a Resident or Property Owner with such skills and training
cannot be ,reasonably
found to fill the vacancy: and
Have never been convicted or foundMot- regardless of jdj]qdicafion, of a felony in
?Lny 'urisdictio unless their civil rights have been restored. AnY Rlea of nolo
contendere shall be considered a, conviction for purposes of this paragraph
Limitation on number of nonresidents servink on boards and committees. Notwithstandin
the foregoing_ the maximum number of nonresident Pro1?= Owners serving on a particulaz
board or committee shall bee ual to thi -three percent 33% of the total number of votin
board or committee members allowed to be appointed or elected „to that particular board or
committee.
Lee) A intment and removal o members. All persons shall be a ointed to and removed from
c' boards and committees by mgLjofijy vote of the city council. Board and committee
members shall serve at the leasure of the cit council and mV be summanl removed at an
time with or wi pause, A board orcommit-tee oin en h I not be construed as
creating or conferring, upon My gerson,an right or interest in serving on a board or
committee incLuding, but not limited to a contract libeM. NOR= or vested ri ht_
(f) Term. All board and committee members shall be appointed_to serve two-year terms and ma
be rgUgointed by the city council for subsEquent two-year terms without limitation. If a
member is removed or vacat ointment r reaso including death excessive
absence.,,Qr resignation prior to the expiration of their term_ the cit, council ma at t its
discretion appoint an individual to serve the remaining Rortion of the unexpired term
U Absences. Any board or committee membLr incurring five (5) consecutive absences from
LeSgLar]X sch ed meeting of the board or committee gr seven 7 absentfrom an
City of Cape Canaveral
Ordinance No. 12-2003
Page 3 of 15
meetin of the board or committee within a twelve-month perigd, (startingh the last
absence and counting backward), shall be deemed automatically removed fromthe respective
board or corarnittee in which the absences have occurred, An mectng which is cancelled
2Lher thW f r a lack uorum shall not be counted for purposc§ of deterrrnnin
absenteeism. Absences which occurred prior to the date of reappointment of any board or
committee member shall not be counted toward automatic removal
Compensation. All board and committee mpmhers shaJI serve without com ensation exgQt
as provided in the City Code for pre diem subsistence and travel alIgmances for official travel
0 Chairmanships. Each board and committee shallbe responsibleto elect, by majority vote of
the members of each board or committee, a chairperson and vice-chaiMerson The election
shall cur annually at the first meeting held in JanugZ, unless there is no JanuM meeting,
then the next meeting held. All newly established boards and committees shall make such
elections at their first regularly held meeting and then annually as stated above Alternate
members as provided below} shall not be elected to positions of chairperson or vice -
chairperson. All meetings shall be as regularly scheduled and at the call of the chair and at
such other times as a mgjodty of the members of an board gr committee xngy determine
fil Rules and Procedures. The city council may adopt and amend, from time to time by
resolution, general and quasi-iudicial rules and procedures for boards and committees All
boards and committees shall at all time coMly with the general rules and ILrores gad
when a licable the guasiJUdicial rules and procedures. A board or committee mzy adopt
additional rules and procedures provided, that such rules or procedures are supplementary in
nature and not inconsistent with the rules and rocedures adopted by the qiy council and an
federal, state. or local law. Any rule or procedure adopted by the board or committee may
be =ended by the city council
k OuOrurn; board actions. A majority of the members of eaQh board or committee shall
constitute a orunn. The affirmative vote of the ma'ority present taU be necesLaKy for an
board actions• providAd,owever, it shall take three 3 affirmative votes r uprm
any actiom unless a super -majority is otherwise required by loc4 state or federal law.
jl Public meetm: s • minutes. All meetings of boards or c mmttees shall be open to the public.
The city manager —aMI-desiAmate a secretgj for each board or committee, whose ties shall
include keeping minutes of all the meetings of the board or committee and recording the
actions and/or recommendations of each board or committee.including showing the vote of
each member upon each question or if absent „or failing to vote indicating such fact,. The city
clerk shall be owtodian of all records of the boards or committees, and such records shall be
maintained in ci hall,
City of Cape Canaveral
Ordinance No. 12-2003
Page 4 of 15
(m) Alternate members. At the discretion of the city council, two !21 alternate members may be
appointed to each cit board or committee,_ AAtornate members shall be provided. with all
agendas and documentation provided to regular m , grs and shall be permitted to provide
input dgrinsrdiscussions. Alternate members shall not be permitted to vote on matters before
the board unless tha have assumed the duties of an absent regular member.
The member of the board or committee who has served longer as an alternate member shall
be the first alternate board member. If the first alternate member leaves the board or is
app in L re,_gl@.r board member, the successor to the first alternate board member shall
be that alternate board member with the Ion er service as an alternate member. The next
a ointed alternate member shall be designated as the second alternate board member.
In the absence ofar.War mem r om an official board meeting,the forst alternate board
member shah assume all duties of the absent reaWarboard member, including the right to vote
on any matter before the board at the meeting. „Iftwo Laor more regular board members are
absent from an official board meeting, the second_alternate member shall assume all duties of
the absent re ar member, including the right ote on go matter before the t the
meeting
In the abseno ofthe first alternate board member from an official board meeting, the. second
alternate board member shall act in the place of the absent first alternate, including the right
to vote on matters before the board at that meetiny, if a rewdarm mber is absent at the
meeting.
in -I AdHoc Committees The city council mgy create by resolution from time to time tempo
ad hoc cornmjttees to serve a linntedRurpose. The resolution may exempt the committee
from all or part of the requirements of;this Section.
Secs. 2.1712-Z-180. Reserved.
Sec. 2-181. Established, vuembetship, ,
(a)—A beautification board, which shall consist of seven members , is
established.
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City of Cape Canaveral
Ordinance No. 12-2003
Page 5 of 15
Y
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Sec. 2-182. Meeting , bylavi officers.
(ar} Regular meetings of the beautification board shall be held at least once each month at the city
hall, and special meetings of the board shall be held at such times and at such places as the
board may direct.
rl • r ■ .1 ■ ■ 1 ► 1 • ■ • 7 ■ V • • • .1
Sm 2-183. *bsence1 i meetings
1 ■ •.1 1 approval.
Section 3. Chapter 22 Code Amendment. The City of Cape Canaveral Code,
Chapter 22, is hereby amended as follows_ underlined type indicates additions and stzikeaut type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 22. It is intended that the text in Chapter 22 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. I2-2003
Page 6 of 15
Chapter 22
Community Development
Article III. Community Appearance Review
Sec. 22-37. Board established; membership; qualifications of members.
(a) Fstab&hed. There is hereby established a community appearance board which shall consist
of five member
absent, g
a
0fcj aualocations
All members shall be qualified by reason
of training or expertise in art, architecture, community pl=iing, land development, real
estate, landscape architecture or other relevant business or profession, or by reason of civic
interest so as to be considered a sound judge of the aesthetic effect and impact upon property
values, desirability, and the economic, social and cultural patterns of the community of a
proposed building or structure on surrounding areas.
Sec. 22-37. Reserved.
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0fcj aualocations
All members shall be qualified by reason
of training or expertise in art, architecture, community pl=iing, land development, real
estate, landscape architecture or other relevant business or profession, or by reason of civic
interest so as to be considered a sound judge of the aesthetic effect and impact upon property
values, desirability, and the economic, social and cultural patterns of the community of a
proposed building or structure on surrounding areas.
Sec. 22-37. Reserved.
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City of Cape Canaveral
Ordinance No. 12-2003
Page 7 of 15
Sec. 22-39. Proceedings of the board.
(a) -
in fris absence, shall conduct aH proceedings ht an arderly man= mid provide at least
Meetings shall be held on the first and third
Monday of each month unless no business is presented to the board for a particular meeting.
Ad! board meetings sfiaH be open to the The time and place of meetings, and the order
of business and procedure to be followed at meetings, shall be prescribed by the board. A
(b) The city shall provide administrative, legal, architectural and other professional expert
services deemed necessary for the board to perform its duties and obligations under this
article.
Section 4. Chapter 46 Code Amendment. The City of Cape Canaveral Code,
Chapter 46, 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 46. It is intended that the text in Chapter 46 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 46 - Library
Article M Library Board
Sec. 46-26. Created, , , chahinan
r alibraryboardto consistoffivemembers and tvpo .. rr. r ■
TnOtlthbinMtediStely■ecedingappointment. ■ • .■ ■LnenibWeLbr, a registered ■
City of Cape Canaveral
Ordinance No. 12-2003
Page 8 of I5
Sec. 46-27. Quot aw, bylaws, rules and regulatilow, tExpenditures.
Ill
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(b) The library board shall have exclusive control of expenditures of all monies collected or
donated to the credit of the library fond.
Sec. 46-28. Reserved.
Sec. 46-29. Reserved.
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•■. • ■ • a[1 a■ • ■n Y Y ■ 1 a ■ia� r
Section 5. Chapter 54 Code Amendment. The City of Cape Canaveral Code,
Chapter 54, 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 54. it is intended that the text in Chapter 54 denoted by the asterisks and set forth in this
Ordinance shall remain, unchanged from the language existing prior to adoption of this Ordinance).
Chapter 54 - Parks and Recreation
Article It. Recreation Board
Sec. 54-25. Established.
(a) There is created a recreation board to consist of seven members and two altemate rm=ltbcrs.
9=`
fa\
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City of Cape Canaveral
Ordinance No, 12-2003
Page 9 of 15
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See. 54-27. Vacation ofoffice Reserved.
Section b. Chapter 58 Code Amendment. The City of Cape Canaveral Code,
Chapter 58, is hereby amended as follows: n erlin d type indicates additions and strikeout type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 58. It is intended that the text in Chapter 58 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Chapter 58 - Planning
City of Cape Canaveral
Ordinance No. 12-2003
Page 10 of 15
Article U. Planning and Zoning Board
Sec. 58-26. Established; arga izfttiusx, , .
planningandzoningboard established. The tretibersof ■ .1111 .1 ' A ■ . 1■ ■•a ■
.aserve without-conxpensation- Theboardshall consistofSeven five members. '■1.
■ ■ . ■ ■ •rights. Twoalterrmtenzernbmsshai• • ■ r ■1
C=ept as • ■ r• ■ sec" ■ • Y
(b) *H terms of office of the pl=ning andzardin board shd! be fbL tWU Y.F.
Appointments -to the bow .■■ ■c nmdeby mejor i ty voteof the •• 7
.1 .1 • ■ ■ " r .. • I •fr■■ ■ d p-vvM Wiwi■ • �■ .�
Sec. 58-27. Reserved.
58-30. RtalcroFpocedure Reserved.
r ■ a
ofthe xegtdzz members of the r .. .
Sec. 58-31. Quorum Reserved.
. • • q � • ■ r 111 ■ •. Ill .1■ . ■ 1 ■ • .1 • 7 JI 1 h . . .. • ■1
• •
.� • 1 1 •A • . • • .I ■ 1 • r • • . • •. • • \I 1 1 •1709JILLINIIJIMM•
. ..
Sec. 58-32. Mternate utembe. s Reserved.
City of Cape Canaveral
Ordinance No. I2-2003
Page I1 of 15
Sec. 58-33. }I inates Reserved.
■ ■ r ■ FY.q ■ .n. - J a ■ ■ d ■ . • 1 r • A
Sm
figp'7. Chapter 82 Code Amendment. The City of Cape Canaveral Code,
Chapter 82, is hereby amended as follows: underlined type indicates additions and strikelotz type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance),
Chapter 82 - Buildings and Building Regulations.
Article II. Building Cade
See. 82-32. Establishment of construction board of adjustment and appeals.
There is hereby established a board to be called the construction board of adjustment and appeals,
which shall consist of five members.
(a) f'Compositior4l Members of the construction board of adjustment and appeals should be
composed ofindividualsvil knowledge and experience in the technical codes, such as design
professionals, contractors or building industry representatives.
in a case in which he has a pers=4 or fmmicial int ei est.
City of Cape Canaveral.
Ordinance No. 12-2003
Page 12 of 15
..op - • • ■ • ■ .0 ` ■ . ■ ■ ■ F • •. • I r
rY •
■ ■ r i
Po
■ 1 IF 1 Pitl ll F1■F .!■ • F Y .■ ++• ■ .1 ■ ■ . •11
■
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■
Sec. 58-33. }I inates Reserved.
■ ■ r ■ FY.q ■ .n. - J a ■ ■ d ■ . • 1 r • A
Sm
figp'7. Chapter 82 Code Amendment. The City of Cape Canaveral Code,
Chapter 82, is hereby amended as follows: underlined type indicates additions and strikelotz type
indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in
Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance),
Chapter 82 - Buildings and Building Regulations.
Article II. Building Cade
See. 82-32. Establishment of construction board of adjustment and appeals.
There is hereby established a board to be called the construction board of adjustment and appeals,
which shall consist of five members.
(a) f'Compositior4l Members of the construction board of adjustment and appeals should be
composed ofindividualsvil knowledge and experience in the technical codes, such as design
professionals, contractors or building industry representatives.
in a case in which he has a pers=4 or fmmicial int ei est.
City of Cape Canaveral.
Ordinance No. 12-2003
Page 12 of 15
• Y
• ■ w ■ r �■ w r •• U • • .. ■ ■ ■ • •r..• ■ ■ .. • ■ ■
aplivintmmit 19ontinned• of .. dbcr from sn • imetingrof• ■r.r ■ ..
■ disme■oft of the •r ■ render any■ ■ n2embet subjectto immediate removai
from office.
Quev um
r V06019. fivee =nrbera■ constitateq=.L tim mad the affirnntive vote ofthe
-Li*ojity preseftt shaft be .., ..ry fbr any ••.. • actimis.
=td shail make a detafied L eewd of .. of ■ vp i n fin ■r tiler .. • r. r
,s decisiort,• ofead7 meribei,tire absenceof nmnbm■ •■failure■
to ■
Powers.
defined in section 82-2933to hear appeals of decisions and interpretations of the building
official and consider• the technicalcodes.
Section 8. Chapter 110 Code Amendment. The City of Cape Canaveral Code,
Chapter 110, 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 110. 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 M Board of Adjustment
Division 1. Generally
Sec. 11.0-26. Established, , quaifficatiom.
}
Aboard of adjustment is established, which shall consist of five members arid two altemate
u . • rr r r lr..• ■ • . ., r rr .• ■ • nr - • • .• . • . • r. - .■r ! • r r
City of Cape Canaveral
Ordinance No. I2-2OC 3
Page 13 of 15
Sec. 110-27. Proceedings.
(a) The bo=d of atb astment shaft adopt A. ufes necessary to the conduct oHes zffh�n s uld h
keepitT yvith this chapter. MeefirTs sheffl be btid at tile C;MH-O!Fthe ChEtilMaLL altd at Stlat odic
times as the m:�orfty of-ffie bomd tiny The chairman or, in his
absence, the acting chairman may administer oaths and compel the attendance of witnesses.
■ ■ . • ■ .1 ■ 1
•
•
R 7 1' ■11 ■ �'
■ 111 • •
MR
Sec. 110-32. Decisions.
In exercising any of the powers listed in this article, the board of adjustment may, so long as
the action is in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the
order, requirement, decision or determination appealed from and may make such order, requirement,
decision or determination as should be made and to that end shall have all of the powers of the
building official from whom the appeal was taken. The concurring vote offour members ofthe board
of adjustment shall be necessary to reverse any order, requirement, decision or determination of the
building official, or to dccide in favor of the appiicant = any matter apoir wl�ch it is re quired to Pass
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.
Sectio0. 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 11. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect
the validity of the remaining portions of this ordinance.
City of Cape Canaveral
Ordinance No. 12-2003
Page 14 of 15
Section 12. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida, and as provided by City
Charter.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular
meeting assembled on the 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
F.Toc6City dCapc Canavera]V)rdinamceslUniform Board_Requir=ents.wpd
ROCKS RANDELS, Mayor
For Against
Bob Hoog
Jim Morgan
Buzz Pews
Rocky Randels
RicWd Treverton
City of Cape Canaverai
Ordinance No. 12-2D03
Page I5 of 15
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Meeting Type: Regular
Meeting Date 05-06-03
AGENDA
Heading
Ordlnanoes
[tem
14
No.
I recommend approval
- AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 13-2003, PROVIDING FOR THE PERMITTING AND REGULATION
OF ALARM SYSTEMS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider at first reading Ordinance No. 13-2003 providing for the permitting and regulation of alann
systems.
Summary Explanation & Background:
This is a complete revision to Article II, Chapter 30.
The fire and police departments have reviewed this ordinance.
I recommend approval
Exhibits Attached:
Ordinance No. 13-2003
City Mana Mee
Department LEGISLATIVE
cap mydo ents council g\2003\05-06-03\13-2003.doc
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Apr -24.03 5:25PM; Page 213
BROWN, SALZMAN, WEISS & GARGANESE, P.A.
Umar l.. brown
Skaanna O'Agrwtta"
Anthony A. Garganese"
Gary S. Salzman*
Jath H. Ward'
Jeffrey S. Weiss
`Board Cedmied C" Trial Lawyer
'Board Certified Bus<irom LO ption Lawyer
"Board Certified City, County a Locai QoVemment Lasa
Attorneys at Law
Otfwus in Orlando, Kissimmee,
c(WiVa dt: Vies
Ordinance -VIA E -Mail
Letter a Ordlneme WA U.S. Mail
E!qmch.qMRR2&f1.rr.corn
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
April 24, 2003
Re: Ong"Onee - Fire Alarms
City of Cape Canaveral - Fire Department
Our File No.: 513.010
Dear Bennett:
Debra S. Babb-Nutcher
Afty P, Busk
Jahn U- Uiedenhern, Jr.
Joseph E_ Bitch
Miohae H_ Byatt
a Larnbert
JenniFer A. Mkhael
Mid We A. Reddin
Vincent E. Scarwas
Erin J, (Awry
Of Co~
Please find enclosed an Ordinanee repealing the existing Article 11 of Chapter 30 of the
City Code and simultaneously adopbng a new Article II, which provides updated regulations
relating to Alarm Systems. The same has been reviewed and approved by the Fire Chief and
Assistant Fins Chief. if the same meets with your approval, please place this matter on the next
City Council Agenda.
If you have any questions please do not hesitate to call our of>;oes.
Very truly yours,
Je ey P. Buak
JPI31 Assistant City Attorney
Enclosure: Ordinance w/Attachment
F;1 mAcity of Cape CSnOVMF%COrMSpOAdenoeOou&WrKkd_Fire_AJarms, LW"2403•wpd
225 East Rabin -m $treet, Suitt 46D • P.O. Sot 2873 • of ndo, Fiorwo 32802-2673
Odando (407) 425-9646 Fax (407) 4254l,"i98 - KlsaHWM (321) 402.0144 - Corns & Viers (ON) 425415%
Webs ft www.orhv4opiw.rW • Email, flrmCWandolyw.net
ORDINANCE NO. / 3 - 2:"9J
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, RELATING TO THE PERMITTING AND
REGULATION OF ALARM SYSTEMS; PROVIDING FOR
FINDINGS OF FACT CONCERNING FALSE ALARMS AND
THEIR DETRIMENTAL EFFECT; PROVIDING FOR
PURPOSE AND INTENT; PROVIDING DEFINITIONS;
PROVIDING A SCHEDULE OF FEES; PROVIDING FOR A
PENALTY FOR VIOLATIONS; PROVIDING FOR THE
REPEAL OF PRIOR CONFLICTING ORDINANCES AND
RESOLUTIONS; PROVIDINGFORINCORPORATIONINTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, the City Council finds that high incidence of false alarms and/or malfunctions
causes a significant misuses of the manpower and resources of the fire department, law enforcement,
and emergency medical services by causing the dispatch of units to the scene of a false alarm or alarm
malfunction which renders them out of service and unavailable to respond to legitimate emergency
situations; and
WHEREAS, the City Council finds that the continued high incidence of false alarms and/or
malfunctions are a threat to the health, safety and welfare of the citizens of the City of Cape
Canaveral; 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 Repeal. That Article II, Chapter 30 of the Code of Ordinances, for the City of
Cape Canaveral, Florida is hereby repealed simultaneously with the adoption of a new Article H
provided below. A copy of the current Article II, Chapter 30 is attached hereto for reference
City of Cape Canaveral
Ordinance No.
Page 1 of 12
purposes only.
SectiQu 3. Code Adoption. That a new Article II, Chapter 30 of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby adopted as follows: underlined type indicates additions and
sft*eottt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
text existing in Chapter 30. It is intended that the text in sections Chapter 30 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption
of this Ordinance).
Chapter 30. EMERGENCY SERVICES
ARTICLE H. ALARM SYSTEMS
Section 30-26, 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 context clearly indicates_ a different meanie .
Alarm Business shall mean a business for which any individual, partnership, corporation or other
entity eng_ag_gd in selling_ leasing, maintaining, servicing, repairing, altering, replacing, moving or
installing or monitoring any Alarm System or causing to be sold, leased, maintained, serviced,
repaired,,, altered, replaced, _moved, installed or monitored, any alarm system in or on any building,
structure or facility either privately or publicly owned.
Alarm Malnction shall mean the activation of Security Alarms, Fire Alarms or Life Alert Alarm
System which results in the response by fire rescue, law enforcement or emergency medical services
caused by mechanical failure malfunctio im ro er installation qr lack of prol2er maintenance or
another response for which the responding personnel are unable to ;amain access to the premises for
AM reason, or are unable to determine the apparent cause of the alarm activation.
Alarm Permit shall mean apermit issued by the „City allowing the he operation of an alarm system within
the city.
Alarm S stems shall mean Fire Alarm SequdV Alarm or Life Alert Alarm Systems.
AlarmSystem Technician shall mean any person who inspects, installs, repairs gi Derforms
maintenance on alarm systems pursuant to the Section 489.501 et seq., Florida Statutes,
Automatic Telephone Dialing Device or Digital Alarm Communicator System shall. mean an alarm
system which automatically sends a prerecorded voice message. or coded. signal over a regular
City of Cape Canaveral
Ordinance No.
Page 2 of 12
telephone fine by direct connection or otherwise indicating the existence of the emergengy emergencysituation
that the alarms stem is desigLied to detect.
EmerQena Services shall mean, sin ug larfy_and collectively., Law Enforcement, Fire Rescue._and/or
emeraencv medical services.
False Alarm shall mean the activation of any security fire or Life Alert Alarm System which results
in the res onse of Law Enforcement Fire Resue or emergengy emergencymedical services caused by the
negligent or intentional misuse of the Alarm System by the Owner or his or her, employees, servants
or agents. An activated alarm is not considered a false alarm ifthe alarm is activated due to malicious
cause bevond the control of the owner, or to acts of God bend, the control of the owner such as
fightning strifes or severe weather conditions.
Fire Alarm S stem shall mean any mechanical, electrical or radio -controlled device designed to emit
a sound or transmit a signal or message when activated or an such device that emits a sound and
transmits a signal or message when activated because of smoke, heat or fire. 'Without limiting the
generahfty of the foregoing, Alarm Systems shall be deemed to include audible alarms at the site of
the installation of the detection device ro rietor alarms and Automatic Tefe hone Direct Dial
Devices or Digital Alarm Communicator Systems. A single station smoke -detector shall not be
deemed to be an alarms stem under this article.
Fire Rescue she mean the City of Cape Canaveral Volunteer Fire Department, Inc.
Key Holder/Emergency Contact shall mean the persons, designated in writing by the Owner of the
Alarm System as a holder of keothe Alarm Systemwho is thereby authorized to respond to an
activated alarm of the Owner.
Law Enforcement shall mean the Brevard Countv,Sherifrs Department
Life Alert Alarm S stem shall mean ony mechanical electrical or radio -controlled device which is
designed to automatically send a prerecorded voice message of coded signal through an Automatic
Tele hone Direct DighM Device or Digital Alarm Communicator System, indicating the existence
of an emergencyemergmcy medical situation to which vublic sgLety is expected to respond.
Owner shall mean any person who owns the premises in which an Alarm System is installed or the
person(s) who leases operates, occupies or manages the premises.
Premises shall mean =building. structure or combination of buildings and structures whether
City of Cape Canaveral
Ordinance No,
Page 3 of 12
residential or non"residential, wherein an Alarm System is instailed.
SecuriU Alarm System shall mean any mechanical, electrical or radio -controlled device which is
designed to be used for the detection of any unauthorized entryinto a building, structure or facility_,
or for alerting others of the commission of an unlawful act within a building_ structure or facility or
both, which emits a sound or transmits a signal or message when activated.
See. 30-27. Alarm Permit required; fee; renewal.
La) It shall be unlawful for any person to operate an Alarm System without a valid Alarm Permit.
bL� All Alarm Permits issued prior to the effective date of this article shall expire on September
30, 2003, when all permits are subject to renewal and must be renewed in accordance with
the provisions of this article. However, all alarm users must report any changes in emergency
contact information.
&) With the exception of Alarm Permits for sygems within sin le-famil residences Alarm
Permits will expire on the thirtieth (3n day of September of each year and must -be renewed
not later than the first(111) day of October of each year. Initial and renewal permits will be.
issued after completion of an application form provided by the City and a meat is made in
accordance with Appendix, B of the City Code. Alarm Permits for single-family residences
shall not expire annually, but Owners are required to keel emergency contact information
current as provided in this article.
If a business has one 1 or more Alarm Systems protecting two 2 or more separate
structures haying different addresses, a separate permit will be required for each structure.
U Subsections (c) and (dlof _this section shall not gpply in those situations where Alarm Permits
have been revoked under the provisions of this article.
f All Alarm Businesses installing new alarm equipment or transferring alarm service from one
alarm user to another user within the city limits will notify the city within ten (10) working
days of the installation.
Permits cannot be transferred from one assigned user to a new alarm user. The new alarm
user is required to obtain an alarm permit before the Alarm System is activated.
City of Cape Canaveral.
Ordinance No.
Page 4 of 12
Sec. 30-28. Application for Alarm Permit; emergency_ notification; and reporting changes in,
notification information.
La) Applications for Alarm Permits shall. be made on ,forms provided by the City. Each
application shall be accompanied by a fee in accordance with Appendix B of the City Code.
The gpplication shall be signed by the Owner and shall provide the following information:
l The name, address, and telephone number of the Owner.
(a Address and telephone number of the Premises to be served by the Alarm „System,
The name address and tele hone number of the Orson in charge of the Premises
served by the Alarm Sys -tem.
The name address and tele hone number of the person or com an installing the
Alarm System.
01 The name address and telephone number of the person or com an monitoring the
Alarm System.
L�j The name address, and telephone number of the person or company providing
maintenance and repair service to the Alarm System.
,o Each application shall list the name, address and telephone number for at Ieast three (3) Key
Holder/Emerg_ency Contact persons designated by the Owner to permit the prompt
notification of alarm calls and assist the ci . in h, a inspection of the property. Changes in the
emergengy tele hone numbers shall be kept current and failure to provide updated
information mgy constitute grounds for revocation of the pernit.
(c) Each holder of an Alarm Permit shall notify the city in writing of gM and all changes in the
information on file with the Cjjy regarding an Alarm Permit within thi 30 days of such
chance. Failure to do so shall constitute grounds for revocation of the_permit.
Sec. 30-29. Alarm Permit issuance posting
An Alarm Permit shall be issued to the Owner by the City within ten (10) business days after
receipt of the completed application -and permit fee by the City. Such permit shall be prominently
displayed at the usual and customary entrance to the building or structure An Alarm Permit shall be
City of Cape Canaveral
Ordinance No.
Page 5 of 12
denied if:
a The application is not complete or the permit fee was not tendered.
(a Thea lica.tion contains false pfisleading, or incorrect information.
AU person or company identified on the applicatim as the system installer, system
monitor, or as the provider „of maintenance for the system that does not possess the
required occupational or regulatory license to conduct such activities for the Owner.
Sec. 30-30. Response to alarm. activation,• Owner response, False Alarm and corrective action.
O Owners or lessees of an Alarm System which has activated shall respond to the Premises
upon being requested, in order to reset or disable the Alarm System within tMM30) minutes
of notification. Failure to provide such response shall result in a charge of $150.00 for each
such occurrence.
b Whenever an alarm is activated in the gfty, requiring an emeregm res onse to the Premises
by Law Enforcement, Fiore Rescue„ or emergency medical services and such emergency
response 12ersonnel are dispatched to the Premises and it is determined by the responding
agencies that the alarm was a False Alarm. the Owner shall be served an "Alarm Cause and
Corrective Action" form. This form shall indicate that the activation was deemed to be a
False Alarm and shall require the Owner to have the Alarm System examined by an Alarm
System Technician and that a bona fide attempt has been made to identify„and correct any
defect of designinstallation or operation„of the Alarm System which was identifiable as the
cause of the False Alarm. The idofity of the Alarm Business en a ed to examine the Alarm
System shall be provided on the force and the action taken in response to the False Alarm.
.p Service of the Alarm Cause and Corrective Action form shall be serve by hand delivery where
practical, and where not practical, by certified mail return receipt requested to the address
provided by Owner on the application for Alarm Permit.
Failure to return the Alarm Cause and Corrective Action form to the satisfaction of the city.
within twenty (20) days of receiptch form will result in an assessment against the Owner
of the Premises of a fine of $500.00,
Le) The city shall have the right to inspect any Alarm System on the Premises to which a response
has been made and may_cause an inspection, of such system to be made at any reasonable time
City of Cape Canaveral
Ordinance No.
Page 6 of 12
thereafter to determine whether it is being used in confbEg2jV with the terms of this article.
Sec. 30-31. Fees ch ed• Alarm Malfunction and False Alarms.
La) False Alarm Fee. No fee shall be assessed for the first three (3) False Alarms at the same
premises responded to by Emer e�ncy Services during each calendar year. Thereafter, the
Owner shall pada fee, as provided in Appendix B of the City Code for each False Alarm
responded to at the same Premises during said calendar year.
fb Alarm Mal nonan administrative fee. As to all Alarm Malfunctions responded to b
Emergency Services the Owner shall be assessed a fine of $500.00, unless within twenty (20)
days of receipt the Owner returns to the city the Alarm Cause and Corrective Action form
deemed satisfactoly by the city, For those Alarm Malfunctions that the Owner returned a
satisfactory Alarm Cause_ and Corrective Action form. Alarm Malfunctions during each
calendar year _shall be exempt from any fees in excess of the Alarm Malfunction
Administrative Fee set forth in ApRendix B of the City Code.
(c,� Should any fee assessed pursuant to this article remain unpaid in excess of ninety_(90) day
from the date the charge is billed; a collection fee in the amount of thirty-five (35) percent on
the outstanding balance shall be assessed and shall be available by the Owner of the Premises
in addition to the original fee. The Owner shall also be res onsible for MY legal fees or costs
incurred by the city in enforcement of this article.
Sec. 30-32. Disconnection of Alarm Systems.
U Except for Premises protected by an Alarm System as requircd by law, the city is authorized
to order the disconnection, or deactivation of any Alarm System by written notice to the
Owner ofthe premises wherein an Alarm System is installed for any ofthe following reasons:
�1L Failure to make all requirements or pay the fees provided for in this article within
fifteen(1Q-days of the charging of the fees -or
(22 Failure of he Owner to provide a written Alarm Cause and Corrective Action form
as require_ by this article; or
A False Alarm or Alarm Malfunction at a Premises for which a fee is charged pursuant
to this article as a result of the failure of the Owner to take corrective action to
eliminate the cause of the False Alarm, or
City of Cape Canaveral
Ordinance No,
Page 7 of 12
(4) The failure of person notified pursuant to this article to appear within one hour after
being noticed to respond, if such failure to timely appear occurs four or more times
within a calendar year.
b The written notice to disconnect shall be provided via certified mail return„ receipt requested,
to the Owner and shall Mecify the date on which the Owner shall be required to disconnect
or deactivate the Alarm System which date shall be at least fifteen (15) days following the
date of the notice. The Owner may appeal the order to disconnect in accordance with this
article.
See. 30-33. Appeals.,
Lal The gLty manager or designee will serve as hearing officer for ggpDeals from Owners that have
been provided notice to disconnect or deactivate an Alarm System or have been assessed fees
for Alarm Malfunctions or False Alarms. If the pity manager elects a desi ee to serve as
hearing officer, that designee shall not be Emergenpy EmergencyServices persomiel.
b
An aDveal must be in writing, submitted to the gLty manager's office along -with afffing fee
as rovided in Appendix B of the Cit code statin the reasons wh the order to disconnect
or deactivate should be withdrawn and shall be made within fifteen 15 days of the date of
the notice to disconnect or receipt of any "Alarm Cause and Corrective Action” form. The
Owner shall have the burden of proof by the preponderance of the evidence standard.
U The hearing officer shall send notice of hearing to the Owner within fifteen ,1_5, days of
receiving a written request fora eal. Within ten 10 da s following the heariniz the heariniz
officer shall make written findings in support of he officer's decision to overturn and or
uphold the action appealed.
Where the hearing officer upholds the decision to disconnect or deactivate an Alarm System
or affirms the assessment of fees_ the Owner shall have five (5) dW following receipt ,of the
written decision within which to coMlly with the order.
Cee) The appeal of an order to disconnect or deactivate an Alarm System or for the assessment of
a fee shall suspend the effective date of the order until the d1y manager has acted upon the
anal.
Sec. 30-34. Failure to disconnect or unauthorized re -connection of the Alarm S, stem.
City of Cape Canaveral
Ordinance No.
Page 8 of 12
It shall be a violation of this article for py person to fail to disconnect or deactivate an Alarm
S stern which has been ordered disconnected or deactivated including those situations in which the
hearing officer has affirmed the order to disconnect or deactivate. It shall he a violation ofthis article
for any_person to reconnect an alarm system which has been disconnected or deactivated pursuant
to the order of the cid unless there -connection of the Alarm System is authorized pursuant to the
city code.
Sec. 30-35. Penalty and enforcement.
AU person who violates auy provision ofthis article shall be gglty of an offense against the city and
shall be punished as provided in Section 1-15 of the City Code. The provisions of this article may
be enforced either by prosecution as a misdemeanor through_the state attorney's office for Brevard
County, Florida or through the powers and jurisdiction ofthe city code enforcement board, or by
other legal or equitable form of action.
Sec. 30-36. Re -connection of Alarm Systems.
The Fire Department and the Law Enforcement services shall have the right to inspect the
Alarm System and test same prior to rescinding the order to disconnect or deactivate. Before any
re -connection of an Alarm System and after the order to disconnect such s steno a re -connection fee
of $25.00 shall be assessed.
Sec_30-37. Automatic Telephone Direct Dialing Device or Digital Alarm Communicator
System.
Q It shall be unlawful for any person to install, _maintain, operate or use any Automatic
Telephone Direct Dialing Device or Digital Alarm Communicator System within the city
unless the s stem is currently gpproved by the Federal Communications Commission CC
and has been @pRrayed by Emer enc Services unless otherwise required by law.
fb Any person who violates the provisions of this section shall be penalized as the provided for
in Section 1-15 of the City Code.
Sec, 30-38. Audible sound systems.
All new or odstinaaudible sound systems shall sound no longer than five (5) minutes for
residential and ten (1 O) minutes for businesses, unless otherwise re�c uired by the Underwriter's
Laboratories or law.
City of Cape Canaveral
Ordinance No.
Page 9 of 12
Sec. 30-39. Alarm Sy stems o erations.
The gLty, its officers, employees and agents shall not assume any duty or responsibility for
the installation, maintenance, operation, repair or effectiveness of anv privately owned Alarm System,
those duties or responsibilities being solely hosse of the Owner ofthe Premises; No person shall reset
or render an activated Fire Alarm System inoperative unless by direction of the Fire De artment.
Section 4. Code Amendment. That Appendix B of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows: underlined type indicates additions and stLikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance oftext existing
in Appendix B. It is intended that the text in sections Appendix B denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
Appendix B - Schedule of Fees
Chapter 30. Emergency Services
Article II. Alarm Systems
(a) Failure to provide response to alarm location, $150.00 20.2930 Ua
each occurrence.
(b) False alarm, second or subsequent response within a 30-+" 30
a si7z--= tlt one Year period
(1) Fire response
(2) Police response
(c) Appeal of determinaticyn of false aimnt, filing fee
(d) Permit fee
Lej Renewal fee
(0 False Alarm Fee
$150.00
S 25.00
$10.00 30-+I(e) 33 Ub
$15.00 30-48{x) 28
15..00 30-2710
30-31 a
Number of false alarms
Fee per false alarm
One through three
$0.00
Fourth
$50.00
Fifth
$75.00
Sixth
$100.00
City of Cape Canaveral
Ordinance No.
Page 10 of 12
Seventh and above $200.00 each
lM Alarm malfunction administrative fee 3031
Number of alarm malfunctions
Fee
One through three
0.00
Fourth
$25.00
Fifth
IL5.00
Sixth
25.00
Seventh
$50.00 each
Section 5. 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 6. 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 7. 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 S. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
JAdoption Next Page]
City of Cape Canaveral
Ordinance No,
Page i i of 12
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2003.
ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog
Sim Morgan
Buzz Petsos
SUSAN STILLS, City Clerk Rocky Randels
Richard Treverton
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
F.V--y"kieflhlCity of Cape CanaverallOrdinancesWitim_Ordinance.v pd
City of Cape Canaveral
Ordinance No.
Page 12 of 12
Attachment "A"
ARTICLE II. ALARM SYSTEMS*
DIVISION 9. GENERALLY
Section 30-26. 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 context clearly indicates a different
meaning:
Alarm means a signal (audio, visual, recorded or live) transmitted to or heard or observed
by law enforcement or the fire department indicating a predetermined condition. Such
alarm is received via:
(1) A telephone line to a designated position on an alarm panel;
(2) A private alarm service company relayed to the law enforcement agency
or fire department telephone;
(3) An automated telephone alarm system, playing a recorded message
when received on the police or fire department telephone; or
(4) An audible or visual signal heard or observed by or relayed to the law
enforcement agency or fire department.
Burglary alarm means an alarm designed to indicate a condition of any unlawful entry,
forced entry or attempted forced entry.
False alarm means the activation of an alarm by any means which does not represent the
designated condition.
Fire alarm means an alarm system designed to indicate the presence of fire and smoke.
Fire department means the city volunteer fire department or other firefighting group having
jurisdiction within the City.
Law enforcement includes the county sheriff s department, its auxiliary members and the
city police department, should police department be reestablished.
Robbery alarm means an alarm designed to indicate a robbery.
Telephone alarm system means any alarm system which automatically transmits by
telephone line a recorded electronic or mechanical signal to a telephone instrument at the
law enforcement agency orfire department. Such system is totally automated and requires
no relaying or action by a human being.
Section 30-27. Intent.
This article is intended to protect the health, safety and welfare of the people of the city
by preventing the misuse of law enforcement and fire protection resources caused by false
alarms and telephone alarm devices, thereby allowing these resources to be accessible
and available if these resources are truly needed by members of the community.
Section 30-25. Penalties.
It shall be unlawful for any person to violate or fail to comply with this article, and any
violator shall be subject to the penalties provided in this article, including fees for false
alarms, disconnection of alarms and costs and attorney's fees to enforce this article.
Section 30-29. Duty of owner or lessee of system or premises.
(a) An owner or lessee of any alarm system shall provide response to the alarm
location, when requested, in order to reset or disable the alarm system within one-
half hour of notification. Failure to provide such response shall result in a charge
as set forth in appendix B to this Code for each such occurrence.
(b) The operator of every place of business which utilizes an alarm system shall
provide, visible from the exterior of the business and adjacent to the main entrance,
a minimum of three current working telephone numbers of persons to be notified in
an emergency or in lieu thereof shall have on file with the law enforcement and fire
departments three current working telephone numbers of persons to be notified in
an emergency.
(c) Every alarm system having an audible or visual signal at the premises shall be
so equipped to automatically shut off the audible or visual signal after 15 minutes,
except a system required by law to have a longer operating period, in which case
the system shall be so equipped as to automatically shut off the audible or visual
signal at the conclusion of the longer required operating time.
Section 30-30. Equipment maintenance.
(a) Each subscriber, at his expense, is required to maintain all components of his
alarm system in good working order at all times to ensure that the sensory
mechanism used in connection with such device is adjusted to suppress false
indications of holdups or intrusions or fire or smoke conditions so that the device
will not be activated by impulses because of short flashes of light, wind, noises,
vehicular noise or other forces unrelated to genuine alarms.
(b) No alarm system designed to transmit emergency messages shall be tested or
demonstrated without first notifying the law enforcement and fire departments.
(c) Fire alarm systems shall be required to have a maintenance contract for testing
and inspections in accordance with National Fire Protection Association (NFPA)
standards; for example, smoke or heat detectors, manual pull stations and water
flow alarms (sprinkler systems). Copies of the maintenance contract and test results
of the fire alarm system shall be forwarded to the fire chief within 30 days from the
date of the test.
Section 30-31. Response to alarms, corrective actions, reports required and fees
Sec. 30-31. Response to alarms, corrective actions, reports required and fees
charged.
(a) For each response by the law enforcement or fire department to an alarm, the
department will cause a report to be filed, classifying the alarm as one of the
following:
(1) False alarm, for any reason, or system test with no notification.
(2) Valid alarm for cause designated.
(b) Upon the receipt of a false alarm, either the law enforcement or fire department
shall issue a written warning notice to the owner or lessee of the premises involved.
The owner or lessee shall file a written report with the law enforcement or fire
department within five working days indicating any and all measures taken to
reduce false alarms.
(c) There shall be a service fee charged for any occurrence set forth in subsection
(a)(1) of this section according to the following schedule:
(1) First response (none in last six months), written warning.
(2) Second or subsequent response within a six-month period, a fine as set
forth in appendix B to this Code.
(d) Upon failure of an owner or lessee of a premises to pay the fee specified within
ten days, any law enforcement officer or the fire chief shall notify the city manager
who shall then notify the owner or lessee.
(e) If the owner or lessee of a premises disputes or disagrees with the
determination of the law enforcement officer or fire chief, the owner or lessee may
appeal the decision to the city manager while paying a filing fee as set forth in
appendix B to this Code. No separate notice of publication of the appeal shall be
required. If after the meeting with the owner or lessee the city manager upholds the
determination of the law enforcement officer or fire chief, he shall notify the owner
or lessee that the city attorney shall file suit for collection of the fee, together with
all costs incurred, including attorney's fees.
charged.
(a) For each response by the law enforcement or fire department to an alarm, the
department will cause a report to be filed, classifying the alarm as one of the
following:
(1) False alarm, for any reason, or system test with no notification.
(2) Valid alarm for cause designated.
(b) Upon the receipt of a false alarm, either the law enforcement or fire department
shall issue a written warning notice to the owner or lessee of the premises involved.
The owner or lessee shall file a written report with the law enforcement or fire
department within five working days indicating any and all measures taken to
reduce false alarms.
(c) There shall be a service fee charged for any occurrence set forth in subsection
(a)(1) of this section according to the following schedule:
(1) First response (none in last six months), written waming.
(2) Second or subsequent response within a six-month period, a fine as set
forth in appendix B to this Code.
(d) Upon failure of an owner or lessee of a premises to pay the fee specified within
ten days, any law enforcement officer or the fire chief shall notify the city manager
who shall then notify the owner or lessee.
(e) If the owner or lessee of a premises disputes or disagrees with the
determination of the law enforcement officer or fire chief, the owner or lessee may
appeal the decision to the city manager while paying a filing fee as set forth in
appendix B to this Code. No separate notice of publication of the appeal shall be
required. If after the meeting with the owner or lessee the city manager upholds the
determination of the law enforcement officer or fire chief, he shall notify the owner
or lessee that the city attorney shall file suit for collection of the fee, together with
all costs incurred, including attorney's fees.
Section 30-32. Telephone alarm devices.
Telephone alarm devices will be so constructed or installed as to not seize or otherwise
hold or preempt the telephone lines of the law enforcement or fire department.
DIVISION 2. PERMIT
Section 30-46. Required.
(a) No person shall install or operate an alarm system serving a premises or a
building or portion thereof unless an alarm permit has been issued and is in force,
authorizing the use of such alarm.
(b) Any after -the -fact permit issued to a person who initially failed to obtain a permit
shall be issued at twice the cost of the permit fee.
Section 30-47. Application.
(a) Application for an alarm permit shall be made to the city on forms provided by
the City. The application shall be signed by the alarm user and shall provide the
following information:
(1) The name, address and telephone number of the alarm user.
(2) Address and telephone number of the alarm user's premises or building
to be served by the alarm.
(4) The name, address and telephone number of the person installing the
alarm.
(5) The name, address and telephone number of the person monitoring the
alarm.
(6) The name, address and telephone number of the person providing
maintenance and repair service to the alarm.
(b) An amended application shall be filed within ten days after any change in the
information provided in the application. Upon such amendment, a new alarm permit
shall be issued without charge or fee.
Section 30.48. Term; fee; transferability.
(a) Alarm permits issued for the following uses shall have the following uses and
shall have the following terms:
(1) Single family residential --No time limit subject, however, to the amended
application procedures required in section 30-47(b).
(2) Multifamily residential, commercial and industrial—One year for date of
issuance. Such term to begin October 9 and end September 30. Any alarm
permit issued after October 1 will be valid through September 30.
(b) A fee as set forth appendix B to the Code shall be charged to the alarm user by
the city for each permit issued, including successive renewal permits, if any, to
defray the cost of regulation.
(c) Any alarm permit issued pursuant to this division shall not be transferable or
assignable and shall cover only one building or premises.
Section 30-49. Issuance.
An alarm permit shall be issued to the alarm user by the city within ten days after receipt
of the completed application by the City. An alarm permit shall be denied if:
(t) The requested information is not supplied on the application.
(2) Material information on the application is incorrect.
(3) Any person listed on the application under section 30-47(a)(4), (5) and (6)
does not possess any required occupational or regulatory license to conduct
the activities required by section 30-47(a)(4), (5) and (6), unless the person
is the alarm user.
FADoes\City of Cape Canaveral\Ordinances\Alarm_Ordinance_Attachment A.wpd
Meeting Type: Regular
Meeting Date 05-06-03
AGENDA
Heading
Resolutions
Item
15
No.
In keeping with City Council's policy, the Street Department will order and install all the new street signs.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2003-13, OFFICIALLY NAMING CAPE SHORES CIRCLE,
AQUARIUS WAY, FALCON WAY, INTREPID WAY, LUNAR AVENUE, ODYSSEY
STREET, TRANQUILITY WAY AND SHUTTLE WAY
DEPT./DIVISION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
City Council consider the adoption of Resolution No. 2003-13, officially naming the streets within the Cape Shores
subdivision.
Summary Explanation & Background:
Building Department staff has worked with the Cape Shores Owners Association to name the streets within this
subdivision, and I want to thank all those involved for improving the E-91 I capability to this residential area.
In keeping with City Council's policy, the Street Department will order and install all the new street signs.
I recommend approval
Exhibits Attached:
Resolution No, 2003-13
City Man ffice
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
r ��
RESOLUTION NO. 2003-13
A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD
COUNTY, FLORIDA; TO OFFICIALLY NAME CAPE SHORES CIRCLE,
AQUARIUS WAY, FALCON WAY, INTREPID WAY, LUNAR AVENUE,
ODYSSEY STREET, TRANQUILITY WAY AND SHUTTLE WAY, LOCATED
WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF
COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE
THE NAMED ACCESSIDRIVEWAYS ON THE OFFICIAL MAPS OF RECORD;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has
been requested to name the following private accessldhveways:
Access/driveways located in Sections 22 and 23, Township 24 South,
Range 37 East, Parcel 516, as identified on the attached map, marked
"Exhibit A,° and
WHEREAS, the above described access/driveways should be named to
improve location identification for 9-1-1 purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Brevard County, Florida that:
SECTION 1. That Cape Shores Circle, Aquarius Way, Falcon Way, Intrepid
Way, Lunar Avenue, Odyssey Street, Tranquility Way and Shuttle Way be adopted
for the above-described ac cessldriveways.
SECTION 2. By naming these access/driveways, the City of Cape
Canaveral in no way accepts maintenance responsibilities for said
access/driveways.
SEC hj 3. It shall be the property owner's responsibility to place the
appropriate street sign(s) and keep said access clear and accessible for emergency
vehicles.
SECTION 4. This naming shall become effective upon adoption of this
resolution.
SECTION 5. This Resolution be recorded in the Official Records Book in
the office of the Clerk of the Circuit and County Courts, and a copy of same be
forwarded to the Post Office serving that area, Supervisor of Elections, and all
concerned public safety agencies for their information and the proper notations be
made on all maps of record.
YCape-ntic"erklCltyClkWesobAem'lSTREETSlCape Shores.doc
City of Cape Canaveral, Florida
Resolution No. 2003-13
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this day of , 2003.
ATTEST:
Rocky Randels, MAYOR
Bob Hoog
Susan Stills, CITY CLERK Jim Morgan
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Richard Treverton
Anthony Garganese, CITY ATTORNEY
11Cape-nt%citycierklCityCtk\Resoiutions\STREETS1Cape Shores. doc
FOR AGAINST
Resolution for new streets within Cape Shores 6701 N. Atlantic Ave.
1.
Cape Shares circle
2.
Aquarius Way
3.
Falcon Way
4.
Intrepid way
5.
Lunar Ave.
6.
Odyssey Street
7.
Tranquility Way
8.
Shuttle Way
Fj= LAW FPV tJEJ. s 6 MOGI Mar. 19 2803 01: 59PM P2
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Meeting Type: Regular
Meeting Date 05-06-03
- AGENDA REPORT
AGENDA
Heading
Resolutions
Ian
16
Na.
I recommend approval.
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2003-14, OFFICIALLY NAME HITCHING POST ROAD, RICHIE
AVENUE AND ARNO AVENUE
DEPT./DIVISION: BUILDING DEPARTMLNT/PUBLIC SAFETY
Requested Action:
City Council consider the adoption of Resolution No. 2003-14, officially naming the streets within the Hitching Post
Trailer Park.
Summary Explanation & Background:
This resolution is a continuation of the City's address ass*mnent effort, and I want to thank the Thurms for
improving the E-911 capability within this trailer park.
I recommend approval.
Exhibits Attached:
Resolution NO. 2003-14
City Man ffice
Department BUILDING DEPARTMENT/PUBLIC
���
SAFETY
RESOLUTION NO. 2003-14
A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD
COUNTY, FLORIDA; TO OFFICIALLY NAME HITCHING POST ROAD,
RICHIE AVENUE AND ARNO AVENUE, LOCATED WITHIN THE CITY OF
CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY
COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE
NAMED ACCESSJDRIVEWAYS ON THE OFFICIAL MAPS OF RECORD;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has
been requested to name the following private access/driveways:
Access/driveways located in Sections 22 and 23, Township 24 South,
Range 37 East, Parcel 281, as identified on the attached map, marked
"Exhibit A," and
WHEREAS, the above described access/driveways should be named to
improve location identification for 9-1-1 purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Brevard County, Florida that:
SECTION 1. That Hitching Post Road, Richie Avenue and Amo Avenue be
adopted for the above-described access/driveways.
SEC N 21. By naming these accessidriveways, the City of Cape
Canaveral in no way accepts maintenance responsibilities for said
access/driveways.
SECTION 3. It shall be the property owner's responsibility to place the
appropriate street sign(s) and keep said access clear and accessible for emergency
vehicles.
SECTION 4. This naming shall become effective upon adoption of this
resolution.
S CTI N 5. This Resolution be recorded in the Official Records Book in
the office of the Clerk of the Circuit and County Courts, and a copy of same be
forwarded to the Post Office serving that area, Supervisor of Elections, and all
concerned public safety agencies for their information and the proper notations be
made on all maps of record.
n..w .1—
w
�x.e}�e-+uw+�g�ie�hn+u7�.�nu+exuiuuu�wwImrr osn��wsitiyrvaiirc"rot1-CUR
City of Cape Canaveral, Florida
Resolution No. 2003-13
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this ___ day of , 2103.
ATTEST:
Susan Stills, CITY CLERK
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
Rocky Randels, MAYOR
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Richard Treverton
11Cape-ntic4derk\CityClkAResoiutonslSTREETS\Hitching Post Trailer Park. doe
FOR AGAINST
Sce-
Resolution for new streets within Hitching Post Trailer Park 7521 N. Atlantic Ave.
1. Hitching Post Road
2. Richie Ave
3. Arno Ave.
I
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Meeting Type: Regular
Meeting Date 05-0&03
AGENDA
Headin
Resolutions
Item
17
No.
I recommend approval.
- AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2003-15, TO OFFICIALLY NAME MYSTIC DRIVE, SHELTER
COURT AND OCEAN PARK LANE
DEPT./DMSION: BUILDING DEPARTMENT/PUBLIC SAFETY
Requested Action:
City Council consider the adoption of Resolution No. 2003-15, officially narrimg streets within Villages of Seaport
Phase No. 7, and the renaming of old Ridgewood Avenue within this subdivision.
Summary Explanation & Background:
This resolution names Ocean Park Lane and Mystic Drive within the Villages of Seaport Phase No. 7, and renames
old Ridgewood Avenue to Ocean Park Lane.
I recommend approval.
Exhibits Attached:
Resolution No. 2003-15
City Man Office
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
ca . \Mycltome in\council\meeting\2003\05-06-03\2003-15.doc
RESOLUTION NO. 2003-15
A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD
COUNTY, FLORIDA; TO OFFICIALLY NAME MYSTIC DRIVE, SHELTER
COURT AND OCEAN PARK LANE, LOCATED WITHIN THE CITY OF CAPE
CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS
OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED
ACCESS/DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has
been requested to name the following private aocessldriveways:
Access/driveways located in Section 14, Township 24 South, Range 37
East, Parcels 48 through 54, as identified on the attached map, marked
"Exhibit A," and
WHEREAS, the above described access/driveways should be named to
improve location identification for 9-1-1 purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Brevard County, Florida that:
SECTION 1. That Mystic Drive, Shelter Court and Ocean Park Lane (Old
Ridgewood Avenue) be adopted for the above-described access/driveways.
SECTIQN 2. By naming these access/driveways, the City of Cape
Canaveral in no way accepts maintenance responsibilities for said
access/driveways.
SECTION 3. It shall be the property owner's responsibility to place the
appropriate street sign(s) and keep said access clear and accessible for emergency
vehicles.
SECTION 4. This naming shall become effective upon adoption of this
resolution.
SECTION 5. This Resolution be recorded in the Official Records Book in
the office of the Clerk of the Circuit and County Courts, and a copy of same be
forwarded to the Post Office serving that area, Supervisor of Elections, and all
concerned public safety agencies for their information and the proper notations be
made on all maps of record.
1NCape-nWtyclerklCityclk%Resolutionsl$TREET$Wdlages of Seapolt.doc
City of Cape Canaveral, Florida
Resolution No. 2003-13
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this day of , 2003.
ATTEST:
Susan Stills, CITY CLERK
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
Rocky Randels, MAYOR
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Richard Treverton
1iCape-nft4clerklCityClk\Resoluiions\STREET51Viliages of Seaport. doe
FOR AGAINST
Resolution for new streets within Villages of Seaport
1. Mystic Drive
2. Shelter Court
3. Ocean Park Lane (old ridgewood)
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Meeting Type: Regular
Meeting Date 05-06-03
- AGENDA REPORT
AGENDA
Heading
Resolutions
[tem
18
No.
Resolution No. 2003-16
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2003-16, TO OFFICIALLY NAME CLARA ELIZABETH LANE
DEPT./DIVISION: BUILDING DEPARTNIENT/PUBLIC SAFETY
Requested Action:
City Council consider the' adoption of Resolution No. 2003-16, officially naming Clara Elizabeth Lane.
Summary Explanation & Background:
This is going to be a new townhouse subdivision at the corner of N. Atlantic Avenue and Ocean Woods Blvd.
I recommend approval.
Exhibits Attached:
Resolution No. 2003-16
City Man s Mee
Department BUILDING DEPARTMENT/PUBLIC
SAFETY
mydocum nts council\meeting12003\05-06-03\2003--16.doc
RESOLUTION NO. 2003-16
A RESOLUTION OF THE CITY OF CAPE CANAVERAL BREVARD
COUNTY, FLORIDA; TO OFFICIALLY NAME CLARA ELIZABETH LANE,
LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE
BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA
TO PLACE THE NAMED ACCESSIDRIVEWAYS ON THE OFFICIAL MAPS OF
RECORD; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, Brevard County, Florida has
been requested to name the following private access/driveways:
Access/driveways located in Section 14, Township 24 South, Range 37
East, Parcel, as identified on the attached map, marked "Exhibit A," and
WHEREAS, the above described aocessldriveways should be named to
improve location identification for 9-1-1 purposes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Cape Canaveral, Brevard County, Florida that:
SECTOR 1. That Clara Elizabeth Lane be adopted for the above-described
accessldriveways.
SECTION 2. By naming these access/driveways, the City of Cape
Canaveral in no way accepts maintenance responsibilities for said
accesstdriveways.
SECTION 3. It shall be the property owner's responsibility to place the
appropriate street sign{s} and keep said access clear and accessible for emergency
vehicles.
SECTION 4. This naming shall become effective upon adoption of this
resolution.
SECTION 5. This Resolution be recorded in the Official Records Book in
the office of the Cleric of the Circuit and County Courts, and a copy of same be
forwarded to the Post Office serving that area, Supervisor of Elections, and all
concerned public safety agencies for their information and the proper notations be
made on all maps of record.
%\Cape-rrtbityclerMOityC*%ResoltftnalSTREETSICiam Elizabeth I.ahe.doc
City of Cape Canaveral, Florida
Resolution No. 2003-16
Page 2
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this day of , 2003.
Rocky Randels, MAYOR
ATTEST:
Bob Hoog
Susan Stills, CITY CLERK Jim Morgan
Buzz Petsos
Rocky Randels
APPROVED AS TO FORM:
Richard Treverton
Anthony Garganese, CITY ATTORNEY
FOR AGAINST
EXHIBIT "A"
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BOARD OF COUNTY COMMISSIONERS 01
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2725 J"90 ikon ](mora Way, $]dg. A_ Vyra, F'toHdo 3;W.
April 25, 2003
•
Susan L. Chapman
City of Gape Canaveral
Building Department
105 Polk Avenue
Cape Canaveral, PL 32920
RE: Street Name Request., (T24 -R37 -S14)
Ocean Woods West Townhouses
Dear Ms_ Chapman:
FLORIDA'S SPACE COAST
Utph6w (32 r) 633-2072
Pax: (321;633-2M
�441itO�
The below listed street name is approved and will be held in reserve status for a period of two
years for the above referenced development. It this name is not irnplamented within this time
frame and another customer requasts the name, it wi11 be released for their use. Therefore, if
the Developer still wants to utilize the street nerve, they need to contact this office to re -reserve
the name.
CLARA ELIZABETH LANE
If this development W_L11 at be recordlg, your city council must complete (and record with the
clerk's office) a resolution or ordinance to ensure placemnt of the new Street name on the
Official maps of reoord. You must then provide a recorded copy of the document to Address
Assignment. Upon receipt of the recorded document they will forward a copy to 9-1-1
Communications to have the new street name and address range input into the Enhanced 9-1.-1
database.
Upon recording of the Plat, the developer must provide one copy of the r ed document to
Brevard County Address Assignment for addressing and 9-1-1 purpo",S- If the developer would
like a copy of the addressed plat, an extra copy should be provided. Upon receipt of the
recorded plat, they will forward a copy to 9-1-1 Communications to have the new street name
and address range input into the Enhances! 9-1-1 database.
Your continued cooperation Is appreciated. If further assistance is required, please contact
Regina R. Braun, Lead Address Technician at (321) 633-2061
Sincerely,
Carroll R. Brown, Building Official
Brevard County Building Code
CRB:rrb FMr-7Z.7 aV &rMLEn PAR17R
TOTS P. 01
Meeting Type: Regular
Meeting Date 05-06-03
SUBJECT:
DEPT./DIVISION:
AGENDA
Hea18g
Discussion
item
19
No.
trees behind the existing sign (see attached minutes).
- AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
DISCUSSION:
SIGN
BEAUTIFICATION
SRAIA, WELCOME TO THE CITY OF CAPE CANAVERAL
Requested Action:
The Beautification Board has requested that City Council provide guidance.
Summary Explanation & Background:
Our public works director is preparing a presentation on the existing sign and Landscaping.
Also included in this packet is a proposal to landscape behind the existing sign in the amount of $26,000 and the
current site and building plan of this sign. On 3/11/03, the Beautification Board recommended the planting of palm
trees behind the existing sign (see attached minutes).
Also, minutes of the 1/14/03 Beautification Board are provided and outline what the board would like to see in a
new sign
Please advise.
Exhibits Attached:
Existing Sign. Plan/Landscaping Plan
City Manage ' ffice
Department BEAUTIFICATION
cape- mydoc �1 'counci meeting
kl"vJ \u7-un-vs\sign
Page 2of3
March 11, 2003
Beautification Board Minutes
1. SSA Proposal for North City Entrance Sign Design & Plannin
Ed Gardulski, Public Works Director distributed copies of the SSA Proposal for the
North City Entrance Sign design and plan. The Board reviewed it, and felt that it was
high in cost and although they would still like to see the project continued, they wanted to
ask the City for other options. Mr. Gardulski suggested putting some palm trees in the
background of the sign and the Board agreed
2. North Atlantic Avenue Entrance Sisn
Mr. Gardulski stated that it was necessary for an agreement to be drawn up as to whom
would be liable for the sign before we make any changes.
3. SSA Proposal for Canaveral Creek Trail PedwayiBikeway Concept Plan
Copies of the above proposal were distributed and Mr. Nicholas read it to the Board. He
stated that he thought that we should have an artist come up with a watercolor of the
concept to canvass the area in order to get an easement from the residents. Mr. Gardulski
stated that we could do that. Mr. Nicholas said he agreed with SSA's approach, but not
necessarily the cost. He read a note from the City Manager stating that we might want to
send letters to the residents, but Mr. Nicholas stated that he thought that we needed to do
more, such as show what it was going to look like when it was finished. There was much
discussion regarding what the Board wanted. Mr. Gardulski stated that a concept design
would give us some ideas. Elizabeth Mars brought up the fact that we talked about
getting with the Recreation Board on this idea. Mr. Nicholas stated that we needed to get
some sketches and drawings first. One of the stipulations Mr. Nicholas mentioned that he
would like to have a paved pathway.
4. Reminder — Spring Beautification Award
The Board Secretary reminded the Board Members that nominations were due for the
Spring award.
Input to Board Secretary — April 3, 2003
E-mailed to Members — April 4, 2003
Voted on April 8, 2003 Board Meeting
5. Arbor Day Celebration Discussion
The Board Secretary stated that she had talked to the Capeview Elementary Principal, Joy
Solamone regarding the Arbor Day Celebration. It was agreed that it would take place on
April 25, 2003. Ms. Solamone had asked that the Board have certificates made up for
Page 2 of 4
January 14, 2003
Beautification Board Minutes
Election of Officers — Chairperson & Vice Chairperson
Leo Nicholas was nominated by Mary Jo Laws, seconded by Biz Mars and the Board
voted unanimously to re-elect him as Chairperson. Mary Jo Laws nominated Martha
Carroll for Vice Chairperson, but Martha declined and asked if someone else would like
to do it. Christine Flanagan nominated Mary Jo Laws and Martha Carroll seconded it.
The Board voted unanimously to elect Mary Jo Laws as Vice Chairperson, The Board
Secretary asked the Chairperson since Mary Jo Laws was presently Awards Chairperson,
did the Board want to elect someone else for that position. Mr. Nicholas stated that Ms.
Laws could handle that position also and she agreed. -_
2. North Citv Entrance Sian on AIA — Review input on forms distributed at last
meeting
The Board turned in their attribute forms that Mr. Gardulski had handed out at the last
meeting for the AIA City sign. The Board wanted the sign to be straight as opposed to
curved and they agreed to a size of 6' x 30', with the same finish. The wording they
requested was "Welcome to the City of Cape Canaveral" with the majority wanting 12"
lettering with a 6' City seal. As far as the color, the Board's feeling was "black, navy
blue or the same". They wanted the sign placed behind the DOT safe zone at a 45° angle
as close to the road as possible. They said they were happy with the artist's rendering
that had been brought to the Board by Jovan Barzelatto, and would like to have ground,
sign and underwater lighting with a base elevation of 9'. Most of the responses included
the desire to see a water feature or cascading pools. Mr. Nicholas said that they could
build a well and take water from the artesian aquifers. Mr. Gardulski stated that he
would get an artist's rendering,
3. North Atlantic Avenue Entrance Sign
Mr. Nicholas stated the sign needed to be raised two blocks so that when plants are
placed at the base they could be seen. The Board Secretary stated that the 5' seal was
ready for placement whenever the sign was finished. Mr. Gardulski said he had the
drawings done and had to take them to the Port for approval.
4. Discussion re: Adopt -a -Median
The Board Secretary explained to the Board that there had been some discussion by
Council regarding allowing non-profit organizations to participate in the program for free
in return for keeping up the medians. She stated that the City Manager had asked her to
pass this by the Board. She mentioned that we didn't have very many businesses
involved in the Adopt -a -Median program. Mr. Nicholas stated that he felt that the Adopt-
NEW 5'-0" CITY OF CAPE CANAVERAL SIGN
BY OTHER
REMOVE EXISTING CAP AND REUSE
NEW STONE VENEER TO MATCH EXISTING
Welcome to the
4
City of Cape Cana ral
E
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EXISTING ALUM LETTERING
EXISTING MASONRY SIGN WALL WITH
CORAL STONE VENEER
PROPOSED SIGN WALL ELEVATION
SCALE: 1/4, = V— 0'
NOTE: EXISTING WALL IS CURVED. DIMENSION FROM
END MAY VARY SO THAT SIGN IS LOCATED ON THE
MOST LEVEL AREA OF THE WALL.
Stottler Stagg & Associates
.J] kchftects En ineen Planners. Inc.
:�♦ 8680 N. Mk�6e Aw. Cape CwWmVL FL 32920
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AIA Additional Work
City of Cape Canavera
QT -Y
5YAA
BOTANICAL NAME
COMMON NAME
SPECIFICATIONS
llNIT COST
FXTENS€ON _
Trees
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Phoenix dectyfifera
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12'c t, 24' o,a.
$5,896,44
$17,688.00
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Chinese Fan Pa!m
7-8' CT
$99049
$5,942.46
Mulch
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Shredded Cypomsa Bark Mulch
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SITE PREP
$971.00
AREA TOTAL
$25,04146
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e fit,
February 17, 2003
Mr. Bennett Boucher
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920-0326
RE: SSA Fee Proposal for City Entrance Sign
Dear Bennett:
SSA
Per your request, Stottler Stagg & Associates, Architects, Engineers, Planners, Inc. (SSA) is
pleased to present our fee proposal for the design and permitting of an Entrance Sign on Sri
A1A.
The design of the new entrance sign would follow the City of Cape Canaveral's Beautification
Committee's drawing concept and include a lighted, waterfall sign design. The work would also
include the removal of the existing sign and the placement of the new sign in the general area.
Our specific Scope of Services includes the following:
SSA SCOPE OF SERVICES
Task 1 — Field Coordination
SSA will meet with the City and Port Authority staff to coordinate site placement of the new sign.
Field surveys will provide information on existing structures, wetland impacts, roadway locations
and other key design criteria.
Task 2 — Preliminary Designs
SSA will prepare an initial design to be presented to the City of Cape Canaveral's Beautification
Committee and City staff members. This design will be based on the City's concept sketch. An
additional coordination meeting will be held with the City Council at one of their regularly
scheduled meetings. A preliminary construction cost estimate will also be prepared for
discussion purposes. Other discussions will include regulatory permitting.
Task 3 — Final Designs
SSA will prepare contractor building plans for the new entrance sign. Final designs will include
the following:
• Civil Site Plan • Mechanical Design for the Waterfall
• Structural Plan • Landscape Plan
• Lighting Plan • Survey
• Architectural Designs
The SSA team will include project bid documents and an Engineers' Estimate of Probable
Costs.
S`iTTF'LEF STAGG & ASSOCIM" ES ARCHfr EffS • ENGINEERS • PLANNERS, INC.
5680 NR>Kh Alanti, Avenue R O. Box 1630 Cape Canavcrrl, 17urida 32920 Tel 321-783-1320 Fax 321-783-7065
l.ic. #A1C000329 #EB0000762 #Lmcc87c0
jlcivdlprojectMpropoaahc ty of cape canaverah2003 proposalsYlrgardulski new cfy entrance sign doe
Mr. Bennett Boucher
February 17, 2003
Page 2 SSA Fee Proposal — Entrance Sign
Task 4 -- Permit Application
SSA will prepare regulatory permit applications for the St. Johns River Water Management
District (SJRWMD) and Corps of Engineers (COE) for the new sign. As a part of this work, one
(1) request for additional information from each agency will be performed by SSA (if required).
All permit fees will be paid for by the City of Cape Canaveral. Any additional requests for
information will be considered an additional service.
Task 5 — Construction Services (OPTIONAL TASK)
Upon plan approval by the City of Cape Canaveral and receipt of regulatory permits, SSA will
furnish a construction services proposal.
SCHEDULES AND FEES
Schedules: Upon receipt of written City authorization to proceed (and City Purchase Order)
SSA will complete tasks 1 and 2 within forty-five (45) working days. A final schedule will be
prepared once City approvals of the preliminary designs are given to SSA.
Fees: SSA's fee for this work will be as follows:
Task 1:
Lump Sum Fee of $4,500
Task 2:
Lump Sum Fee of $18,000
Task 3:
Lump Sum Fee of $9,000
Task 4:
Lump Sum Fee o f $5,000
Total Lump Sum Fee of $36,500
Print costs, other than the four (4) sets, will be billed to the City. Fees will be billed monthly
based on a percentage of work completed and payment will be due within fifteen (15) days of
receipt.
Additional work authorized in writing by the City that is not specifically included in this proposal,
such as additional City meetings, additional permitting not covered above, etc., will be deemed
as additional services upon City's written authorization to proceed and will be billed at SSA's
standard hourly rates or negotiated as a lump sum prior to beginning work. Out-of-pocket
expenses for hourly work and additional printing will be billed with a fifteen percent (15%) mark-
up.
Compensation rates are based on ordinances, regulations and procedures in force on the
execution date of this Agreement by the appropriate governing bodies having jurisdiction over
the project. Any significant modification in these ordinance, regulations, procedures, etc. shall
be justification for re -negotiation for the compensation due to the Consultant for the work
involved.
It is understood that any and all professional liabilities incurred by SSA throughout the course of
rendering professional services on this project shall be limited to a maximum of the net fee
jAciviKprojectslproposandy of cape canaverafi2003 prnposalsV-gardulski new city erdranco sign.doc
Mr. Bennett Boucher
February 17, 2003
Page 3 SSA Fee Proposal — Entrance Sign
received by SSA, not including reimbursable expenses and sub -consultants, for all services
rendered on the project. Should it become necessary to obtain a third party to collect our fees
for services, the City hereby agrees to pay all costs of such collections including Attorney's fees.
The City and SSA respectively bind themselves, their partners, successors, assigns and legal
representative to the other party to this Agreement and to the partners, successors, assigns,
and legal representatives of such other party with respect to all covenants to this Agreement.
Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without
the written consent of the other.
The terms and conditions of this proposal are effective through April 1, 2003. Acceptance after
this date may necessitate increased fees or altered conditions.
Bennett, your authorization of this proposal can be accomplished by the appropriate City
signature below and our receipt of a signed copy. SSA is looking forward to working with the
City on this project in Cape Canaveral.
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
t11 "e <<
John A. Pekar, PE
Vice President
JAP:jIs
jAcNiRprojedslproposalkity of cape canavemUO03 preposals%p-gardulski new city entrance sign.doc
ACCEPTANCE:
BY:
TITLE:
DATE: