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HomeMy WebLinkAboutPacket 05-20-2003 4 }�4pC>E A�,� y s Ci f Cape Canaveral , City oap CITY OF IF CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 20, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Govemor's Municipal Mentoring Program Summer Teen Program CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 6, 2003. 2. Resolution No, 2003-17: Appointing A Regular Member and Two Alternate Members to the Library Board. (Jean Deck, Regular Member; Harry Pearson, 1 st Alternate Member; and Mary Ernst, 2nd Alternate Member) 3. Resolution No. 2003-18; Appointing An Alternate Member to the Recreation Board. (Gene Petre) 4. Outdoor Entertainment Permit, VFW Post 10131. CONSIDERATIONS: 5, Motion to Approve: Request for Proposal No. 03-02; Concrete Construction Services. 6. Motion to Approve: Change Order to Vila & Son for Beach End Irrigation. 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 5 City of Cape Canaveral, Florida City Council Regular Meeting May 20, 2003 Page 2 ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 13-2003; Providing for the Permitting and Regulation of Alarm Systems. ORDINANCES: First Public Hearing: 8. Motion to Approve: Ordinance No. 14-2003; Amending Section 42-26 of the Code Relating to the Duties of the Chief of Police, for second reading. 9. Motion to Approve: Ordinance No. 15-2003, Amending Chapter 38 of the Code Relating to Fire Protection Services, for second reading. 10. Motion to Approve: Ordinance No. 16-2003; Amending Chapter 18 of the Code; Providing For Civil Emergency Powers And Measures, for second reading. 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 irreievant 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. 5 E- Meeting"Type: Regular Meeting Date 05-20-03r, t AGENDA ;. Heading Presentation CITY CF CAPE CANAVERAL Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: SUMMER TEEN PROGRAM DEPT./DWISION: SHERIFF'S DEPARTMENT/PUBLIC SAFETY Requested Action: The SheriTs Department Con nnunity Policing Officer will make a presentation of a new summer teen program and is seeking City Council's support. Summary Explanation& Background: See attached program outline. The program will cost approximately$2,500. I recommend City Council support this program. Exhibits Attached: Program outline City Maj -i Office Department SHERIFF'S DEPT/PUBLIC SAFETY ca a im\ ydo me drain\council\meeting\2003\05-20-03\teen.doc Teen Canaveral Project Objective: To keep the teens of Canaveral busy throughout the summer months. Increase police- teen relations, and community- teen relations. Help our teens build relationships, leadership, and teamwork skills. 1 . Target boys and girls ages 14 W,17. 2. One-hour weekly meetings at the youth center, 7920 Orange Ave, Cape.Canaveral, Florida. The meetings will be ru� by the Teens, and will be set up from the P.A.L. program procedures for conducting a meeting. (P.A.L. program enclosed). 3. Run the program during the Summer Months, 14 Weeks, from May-August 2003. 4. Activities: One fun event a week, and one Community help event a week. Examples: Skateboard camp, Basketball, modeling, shopping, guest speakers, beach clean ups, roadway clean ups, park clean ups. 5. Each Canaveral Teen enrolled in the program will receive 5 points for attending weekly meetings, fun events, community events, bring new members, employment, and any summer schooling. 6. The points the Canaveral teens earn will be good for prizes. Example of prizes: skin board, skateboard, skate equipment, t-shirts. sunglasses, t-shoes, stickers, bike, backpacks games, basketball, roller blades, bathing suits, gift cards. 7. All of the prizes will be donated to the program. The teen with the most points will choose the first prizes. The prizes will given out from the highest number of points down to the teen with the least amount of points. 8. In the event of a tie on the points the teen will choose numbers. r BUDGET EVENT EACH/TOTAL 1 . Iceplex, ice-skating, rocking climbing Total teens 201 $10.00 each $200.00 2. Richey's trail rides, horse rides and ranch 20 teens/ $10.00 each $200.00 3. Manatees baseball game, food 20 teens/ $6.00 each $120.00 r 4. Skateboard camp, and demo 20 teens/ 3 hours $300.00 5. Jungle village/ go-carts, miniature golf 20 teens/ $10.00 each $200.00 6. Brevard County Zoo, up-close, kayaking 20 teens/ $5.00 each $160.00 7. Movie day 20 teens/ $5.00 each $100.00 S. Cocoa Beach pool 20 teens/ $5.00 each $100.00 9. Teens of Canaveral t-shirts 20 teens/ $5.00 a shirt $100.00 10. Food and drinks for events $500.00 11 . Transportation $500.00 TOTAL COST OF CAMP $2480.00 COMMUNITY EVENTS 1 . Job fair for the teens 2. Brevard County Sheriff's K-9 demo 3. Brevard County Sheriff s Bomb demo 4. Car Wash 5. Make own t-shirts 6. Keep Brevard Beautiful beach clean up 7. Clean up youth center 8. Adopt a park/ planting 20 trees in Canaveral 9. Midnight basketball/ pizza night 10. Beach party 11 . End of the summer dance and awards Program rules 1. Inappropriate language will not be permitted 2. Members will be between the ages of 14 and 17 3. All members must bring in a copy of their birth certificate. 4. All members are representatives of the city of Cape Canaveral, and Brevard County-Sheriff's office, and should conduct themselves in a respectful manner at all times. 5. No drugs, drug paraphernalia, or alcohol is permitted. 6. No member under the influence of drugs or alcohol will be permitted at the events. 7. No horse playing permitted. 8. Every event must have a written permission slip signed by a parent or guardian. 9. Each member will treat others with concern, kindness, and generosity. 10. Each member will be truthful, sincere, and straightforward. "Don't lie, cheat, or steal." 11. The deputy will have the right to dismiss any member for any of the above reasons. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 6, 2003 7:00 PM MINUTES CALL TO ORDER: 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 Fire Chief Dave Sargeant BOARD INTERVIEWS: Mary Ernst, Library Board Mayor Randels called on Ms. Ernst for questions from the City Attorney. Attorney Garganese asked if all questions completed on the application were true and correct; Ms. Ernst affirmed. Ms. Ernst stated that she had past experience with libraries specifically in developing a library in West Virginia. She worked with the State to acquire the building and funding. Ms. Ernst related how she obtained help from the County to develop the Library in West Virginia. Council Members expressed gratitude for her willingness to serve on the Board. Mayor Pro Tem Petsos commented on her favorable recommendation from the Library Director and said that her qualifications would prove an asset. Mayor Randels concluded that a resolution to appoint her to the Board would be on placed the next Council meeting agenda. City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 2 Gene Petre, Recreation Board Mayor Randels called on Mr. Petre for questions from the City Attorney. Mr. Petre had submitted a letter from his former town Mayor verifying his qualifications. Attorney Garganese asked if all answers on his applications were correct; Mr. Petre affirmed. Mr. Petre replied that he had past experiences with Parks and Recreation that would be of use in the Cape Canaveral community. He replied that Recreation in the community should meet the needs of all people. Council members expressed that he would be an asset to the Board and thanked him for his willingness to serve. Mr. Petre detailed the highlights of his former recreation experience with the facility. Mayor Randels thanked him for his interest in serving on the 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. Mayor Randels asked if any Council members, staff or interested party desired to remove an item from the Consent Agenda for discussion. Mr. Gene Petre made a request to remove Item No. 6 for discussion. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve Items 1 through 5 on the Consent Agenda. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ITEM REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION: 6. Disposition of Surplus Property. Mayor Randels exVained the sealed bid process to Mr. Petre and stated that on June 2"d to June 6 from 8:00 A.M. to 2:00 P.M. the items would be available for viewing at the City Hall Annex Bay area and the bid opening is scheduled for June 6t' at 3:00 P.M_ City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 3 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve Item No. 6; Disposition of Surplus of Property. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 7. Motion to Approve: Request for State and Federal Transportation Project Funding. Mayor Randels read the previous items listed for Transportation Impact Fee funding: 1) Reconfigure alignment of the intersection at SR A1A, International Drive and N. Atlantic Avenue, 2) Construct a Pedestrian Overpass at SR A1A and Columbia Drive, 3) Install Overhead Boom/Mast Arm Signals at four location on Sr A1A, 4) Plan and Implement Street Lighting on SR AIA, 5) Synchronize Traffic Lights at SR Al A, 6) Design and Construct an Urban Roadway Profile for SR Al and 7) Install Traffic Signal with Pedestrian Features on SR Al and Columbia Drive. Mayor Pro Tem Petsos emphasized the continued need for the Overpass at Columbia Avenue and SR AllA to remain on the list. Mr. Hoog requested to include the intersection at North Atlantic Avenue and Central Blvd. due to the irregular traffic pattern. Mr. Boucher replied that that road is a County road. Mr. Hoog also reminded of the backlog of transportation projects addressed at the last League of Cities meeting. Council members agreed to amend the list and move Item No. 7 to the third position and to move all other items down accordingly. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to approve the Request for State and Federal Transportation Funding as amended moving Item No. 7 to the No. 3 position and reposition the descending order of the list. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Approve: Development Agreement with Suzanne Traversa. Mayor Randels stated that this development agreement would allow the Traversa family to remodel the home without creating a further non-compliance. Mr. Boucher explained that after research the property was found in non-compliance and a stop work order was issued during the remodeling process. Attorney Garganese stated that the structure was never legally built in that the house was not within the setback requirements. Mr. Morgan replied that the City issued the permit and therefore was party. Attorney Garganese replied that the agreement would allow for all the provisions of a non-conforming structure. Mr. Todd Morley, Building Official, stated that there would be a double permitting fee due to work that was done prior to being found in compliance. The structure built in the 1970's was not inspected, however on the remodeling work inspections would be performed. Mr. City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 4 Morley told Mr. Traversa that reports are required from the engineer for structural approval. Mr. Morgan emphasized he did not desire to treat the applicant any differently, however he has paid for existing City services. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to Approve the Development Agreement with Suzanne Traversa of 620 Madison Avenue. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Approve: Acceptance of Landscaping Donation by Day Development, Inc. in the amount of$9,823. Mayor Randels commented on a berm of landscaping adjacent to the property in question and desired to know if Mr. Bill Young planned to make amenities to it. He distributed photos for review. City Council thanked Mr. Young for his donation to the City. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Acceptance of the Landscaping Donation by Day Development, Inc. in the Amount of$9,823. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 10. Motion to Adopt: Ordinance No. 09-2003; Amending Section 110-171; Providing for Filing Requirements; Providing for the Clarification of Code Requirements. Mayor Randels read Ordinance No. 09-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE; PROVIDING FOR FILING REQUIREMENTS; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICITNG ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Garganese stated that this ordinance would clarify the scale. There was no public comment. City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 5 A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 09-2003; Amending Section 110-171; Providing for Filing Requirements; Providing for the Clarification of Code Requirements. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 11. Motion to Adopt: Ordinance No. 10-2003; Amending Chapter 90, Article II, Providing for the Definition of Base Flood Elevations. 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 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. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 10-2003; Amending Chapter 90, Article II, Providing for the Definition of Base Flood Elevations. The vote on the motion carried 5- 0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 12. Motion to Adopt: Ordinance No. 11-2003; Amending Section 38-2 Fire Safety Fees, Providing for Independent Plan Review. 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. Mr. Gene Petre inquired about any increased fees. Chief Dave Sargeant replied that no fees would increase and explained that the ordinance would formally establish the independent plan review process in the City code. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Adopt Ordinance No. 11-2003; Amending Section 38-2 Fire Safety Fees, City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 6 Providing for Independent Plan Review. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 13. Motion to Approve: Ordinance No. 12-2003; Establishing Uniform Board Requirements for City Boards, for second reading. Mayor Randels read Ordinance No. 12-2003 by title. AN ORDINANCE 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 FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE 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 REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 12-2003 for discussion. Mr. Boucher stated that considerable debate was given to residency and non- residency status. Attorney Garganese outlined the residency provision. Mr. Petre asked about a U.S. citizenship requirement . Attorney Garganese replied that establishment of residency was the only requirement. Mr. Hoog referred to previous information from the City Attorney regarding U.S. citizenship. Attomey Garganese replied that U.S. citizenship was in question for a Code Enforcement Board applicant however that was not a requirement since Florida Statutes establishes requirements for Code Enforcement. Ms. Lottie Fredette expressed her concern in that the Council allowed a person who was not a citizen to serve on a City Board. Mr. Petre also expressed to see the Council find persons who are registered voters to serve on the Boards. Mayor Randels replied to Mr. Nicholas that this ordinance would allow for 33 percent of the Board members to serve if they own a business or if they own property. Chief Sargeant expressed that the requirements to serve on a City Board should be no different from the requirements to sit on the Council. Discussion followed on including provisions regarding residency and U.S. citizenship. Council members expressed to table the ordinance due to significant input from the audience. Ms. Paula Collins expressed concern with developing too stringent requirements for Board applicants. Attorney Garganese explained to Mr. Petre that City of Cape Canaveral, Florida City Council Regular Meeting May B, 2003 Page 7 serving on two quasi-judicial Boards is not allowed; however, you may serve on one advisory Board and one quasi judicial Board or several advisory Boards. Mayor Pro Tem Petsos requested to include that a recommendation from the Board should come before the Council at the time of the Board applicant interview. He also recommended changes to the requirement for absences since both the Library and Recreation Boards meet on a bi-monthly basis. Attorney Garganese reviewed the acceptable terms of serving on a City Board with the Council. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Table Ordinance No. 12-2003 to a time specific of June 17, 2003. The vote on the motion carried S-0 with voting as follows: Mr. Hoog, For, Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 14. Motion to Approve: Ordinance No. 13-2003; Providing for the Permitting and Regulation of Alarm Systems, for second reading. Mayor Randels read Ordinance No. 13-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE PERMITTING AND REGULATION OF ALARM SYSTEMS; PROVIDING FOR FINDINGS OF FACT CONCERNING FALSE ALARMS AND THEIR DETRIMENTAL EFFECT; PROVIDING FOR PURPOSE AND INTENT; PROVIDING DEFINITIONS; PROVIDING A SCHEDULE OF FEES; PROVIDING FOR A PENALTY FOR VIOLATIONS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Chief Sargeant related the cost of operating emergency vehicles responding to a false alarm. He stated that the ordinance's objective is to reduce alarms. Chief Sargeant also related that the City could authorize removal of a fire or burglar alarm that is not maintained. He said that devices are available to deter inadvertent pulling of a fire alarm. Mayor Randels referred to Page 8, Section 30-32, and inquired if homeowners are called to turn off an alarm system. Chief Sargeant pointed out the provision for alarms that are marked. Mr. Gene Petre asked if the Sheriffs department imposed any fines. Mr. Boucher said that fines are rarely imposed. Mr. Nicholas questioned what was prompting the ordinance and asked about the rate of incident. Chief Sargeant stated 105 false alarms in the City for one year at 8.98 percent. Mr. Boucher requested that the Council specifically review Sections 30-30 and 30-31. Chief Sargeant stated that he sends reports to the State office to quantify if the incident was a malfunction or a false alarm. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Ordinance No. 13-2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 8 RESOLUTIONS: 15. Motion to Adopt: Resolution No. 2003-13; To Officially Name Streets within Cape Shores. Mayor Randels read Resolution No. 2003-13 by title. 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 ACCESS/ DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels thanked ,dim Watson, Code Enforcement Officer for his mutual work with the Cape Shores committee to assign addresses on these streets. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Resolution No. 2003-13 to Officially Name Streets within Cape Shores. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 16. Motion to Adopt: Resolution No. 2003-14; To Officially Name Streets within the Hitching Post Mobile Home Park. Mayor Randels read Resolution No. 2003-14 by title. 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 ACCESS/ DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 2003-14 to Officially Name Streets within the Hitching Post Mobile Home Park. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 9 17. Motion to Adopt: Resolution No. 2003-15; To Officially Name Streets within the Villages of Seaport. Mayor Randels read Resolution No. 2003-15 by title. 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. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Resolution No. 2003-15 to Officially Name Streets within the Villages of Seaport. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 18. Motion to Adopt: Resolution No. 2003-16; To Officially Name Streets within Ocean Woods West Townhomes. Mayor Randels read Resolution No. 2003-16 by title. 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 ACCESS/ DRIVEWAY ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. Mr. Nicholas questioned the location. Mr. Boucher clarified that the area in question is on Ocean Woods Blvd. and North Atlantic Avenue. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to Adopt Resolution No. 2003-16 to Officially Name a Street within the Ocean Woods West Townhomes. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 19. SR AIA, Welcome to the City of Cape Canaveral Sign. Mr. Boucher made a presentation with the existing sign and reviewed its topography. He displayed the Beautification Board's original concept. Mr. Morgan noted exceptions in the two sign concepts: the size of the existing sign and the City of Cape Canaveral, Florida City Council Regular Meeting May 6, 2003 Page 10 elevation. Mr. Boucher pointed out the road right-of-way in relation to the sign. Mayor Randels reviewed some changes that were made to arrive at the existing sign. Mr. Morgan questioned what was approved for construction on March 18, 2003. Mr. Nicholas stated that the existing structure does not lend itself to additional landscaping efforts. Mr. Morgan related how to include some engineering techniques such as using transverse footers that would allow for the original concept. Mr. Treverton agreed with Mr. Morgan and also related that Mr. Jovan Barzelatto had expressed how the original concept could be attained. Mr. Hoog asked Mr. Boucher how much the City of Cocoa Beach spent on its sign. Mr. Boucher replied approximately $70,000. City Council asked the City Manager to find out what the Florida Department of Transportation would allow and report what could be done at this site. Council members agreed to conclude discussion at 10:30 P.M. REPORTS: Due to the late hour, no reports were given. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CE.A Meeting Type: Regular � Meeting Date 05-20-03 r r r AGENDA rnh " Heading Consent C OF CAPE CANAVERAL [tem 2 No AGENDAREPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2003-17, APPOINTING ONE REGULAR MEMBER AND TWO ALTERNATE MEMBERS TO THE LIBRARY BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the appointment of Jean Deck as a regular member, Harry Pearson as a first alternate and Mary Ernst as a second alternate member. Summary Explanation & Background: Their terms will expire on 10-01-05. 1 recommend approval. Exhibits Attached: Resolution No. 2003-17 City ge s Office Department LEGISLATIVE ca - kim ydocume33 hdmin\council\meeting\2003\05-20-02\2003-Z7.doc RESOLUTION NO. 2003-17 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE REGULAR MEMBER AND TWO ALTERNATE MEMBERS TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 46-26, established the Library Board of the City of Cape Canaveral; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint One Regular Member and Two Alternate Members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Jean Deck is hereby appointed as a Regular Member of the Library Board of the City of Cape Canaveral, Florida with a term to expire on October 1 2005. SECTION 2. Harry Pearson is hereby appointed as a First Alternate Member of the Library Board of the City of Cape Canaveral, Florida with a term to expire on October 1. 2005. SECTION 3. Mary Ernst is hereby appointed as a Second Alternate Member of the Library Board of the City of Cape Canaveral, Florida with a term to expire on October 1, 2005. SECTION 4. This Resolution shall take effect immediately upon its adoption. IlCape-nt)citycierklCityClk\ResolutionslBOARCS\Appoinlments\Library Regular-Alternate.doc City of Cape Canaveral, Florida Resolution No.2003-17 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of May, 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVE©AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY CE_Ak Meeting Type: Regular _ 5P Meeting Date 05-20-03 =' AGENDA �A - ,� " x Heading Consent CITY OF CAPE CANAVERAL {Lem 3 No AGENDAREPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2003-18, APPOINTING AN ALTERNATE MEMBER TO THE RECREATION BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the appointment of Gene Petre as a second alternate member to the Recreation Board. Summary Explanation & Background: Term will expire on 10101105. I recommend approval. Exhibits Attached: Resolution No. 2003-18 City Mana ' Vice / Department LEGISLATIVE cap m\myd� .council\meeting\2003\05-20-03\2003,-16.doc RESOLUTION NO. 2003-18 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 54-26 created a Board known as the Recreation Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint an Alternate Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 9_. Gene Petre is hereby appointed as The Second Alternate Member of the Recreation Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2005. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 20th day of May, 2003. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY 11Capi.-nticitycterk\CityCiklResol utions\BOARDS\Appointments\Recreation.doc CE_A,jr Meeting Type: Regular Meeting Date 5/20/03 r _ � AGENDA s Ac M. He�1°g Consent CITY OF CAPE CANAVERAL [tem 4 Pio. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAIMENT PERMIT, VFW POST 10131 DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider the approval of the outdoor entertainment permit for the VFW Post 10131 Flag Burning Program to be held on 6/14/03 and to waive the$500 permit fee. Summary Explanation & Background: See attached application. I reconm)end approval. Exhibits Attached: Application City Mer' Office Department ADMINISTRATION Ca im�my Current n�counciI\meeting\2003105-20-031vfw.doc THE VETERAN'S OF FOREIGN WAIS POST 10131, LOCATED AT 105 LONG POINT ROAD IN CAPE CANAVERAL, FL 32920, IS SPONSORING A FLAG BURNING PROGRAM ON SATURDAY JUNE 14, 2003(FLAG DAY). THE PROGRAM WHICH STARTS AT 11;00 AM AND ENDS AT 1:00 PM WILL CONSIST OF COMMENTS FROM BOTH MILITARY AND COMMUNITY LEADERS FOLLOWED BY INSTRUCTION AND DEMONSTRATION OF THE PROPER METHOD FOR DISPOSAL OF AMERICAN FLAGS. PAMPLETS DESCRIBING THESE PROCEDURES WILL BE PASSED OUT. IN ADDITION TO THE INSTRUCTIONAL PART OF THE PROGRAM, SEVERAL ADDITIONAL FLAGS WILL BE BURNED ACCORDING TO PROPER PROCEEDURES. YOUR ORGANIZATION IS CORDIALLY INVITED TO PARTICIPATE IN THE PROGRAM, WEARING UNIFORMS IF APPROPRIATE, AND TO JOIN THE VFW AFTER THE PROGRAM FOR HAMBURGER AND HOT DOGS REFRESHMENTS CURTESY OF THE POST. PLEASE RESPOND TO QUARTERMASTER, BERNARD A. KERNS,VFW 105 LONG POINT ROAD, CAPE CANAVERAL 32920 BY JUNE 1, 2003 IF YOUR GROUP WILL BE ABLE TO PARTICIPATE. YOURS TRULY, BERNARD A. FERNS,QUARTERMASTER, VFW POST 10131 i CW v CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERNIIT Permit No. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: eft Tf- �'P�H 5 e, r ft r;.-7 lc j,J L� 11 Title: Firm; /6 "- 1 f C" 3 ' Address: Telephone: �' z l 7 FAX: Local Contact: L U I\1I f-jq vc,T s Title: C c'M M r4 rel 17;= Local Address(if different from above) Type of Event: P L 14 C C} /� V r L f' G- I?,•I r p tG Event Date(s) in Cape Canaveral: -r0 'h >= ` 2 c C tl A At— Loeation(s): Date(s) Time 3- i9 t P, U L ( C ;� +- r' ;�1 G J'F^ � �a/► /�G/1 7 �'!�/'t �/�-.tel/#-t��'j-t L Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment meet Closing OVehicles/Equipment on Beach Other ❑Vehicle Parking on City Property Specify: By signing this application, the applicant acknowledges and agrees to the following provisions: 1. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: Policy No: Expiration Date: lI. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. Ill. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. /Yl 1 I c n� 5 f4 C/J-r, c r i C>,t,C;; JA A,' z A-T-fc-nl C F4/Z f^ f kt C tT. �' j ('&,,-1 ,v] v f tl T '� �=a C 10 6, 14-ni J ri c l/ i l '2NAy �7 d KGR1% Dateii � w Applicant or Representative/Title Approved by City of Cape Canaveral: City Representative's Name: _�Dcf1r) el ©A'An(_ - Title: C �}A I b` C Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information. please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 6 �E kid Meeting Type: Regular - � Meeting Date 5120103 r: Fv %_ AGENDA Heading Considerations CITY OF CAPE CANAVERAL. Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: BID AWARD NO. 03-02, CONCRETE CONSTRUCTION SERVICES DEPT./DIVISION: STREETS/PUBLIC WORKS Requested Action: City Council award Bid No. 03-02 to J&S Curb/Concrete, Inc. as recommended by the public works director. Summary Explanation & Background: This bid is for unit pricing of concrete work that the public works department can utilize for assigned projects. See attached memo. I recommend approval. Exhibits Attached: Public works director's memo of 5/8/03. City ManageAoffiee / Department STREETS/PUBLIC WORKS l_ cap m\ d e drain\co \meeting\2003\OS-20-03\03-02.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: May 8, 2003 SUBJECT: City Council Agenda Item for May 20, 2003 Bid Award 03-02, Concrete Construction Services On May 6th 2003 at 3:15 the City of Cape Canaveral held a bid opening for concrete construction services. A total of eight bid packages were sent out and only two bidders submitted a bid package. The scope of this bid is to provide prices for a number of tasks related to the construction of sidewalks and/or other types of concrete work. The Contractor shall provide services to the City of Cape Canaveral for assigned tasks that are related to but not limited to the City's clearing, leveling, forming, sidewalks and/or other concrete and/or masonry construction and restoration to include back filling and sodding as required. The Contractor performing these services shall have a strong background in providing a positive working relationship with City Mayor/Council/ City Manager type government. This project will be a one-year contract and may be renewable annually up to five (5)years. The purpose of this bid is to allow staff to meet the City of Cape Canaveral's purchasing policy for small projects. More so, any project that exceeds $20,000, Council can approve without additional bidding cost. This bid award does not exclude the requirement for the City's bid bond for special projects. Any bid bond required will be requested at a time prior to city council approval. Staff reviewed the bid prices and selected J&S Curb/Concrete. J&S Curb/Concrete,has been servicing the City of Cape Canaveral for about four years. The work performance of this firm is very satisfactory and meets the bid requirements. For example project completed by J&S Curb/Concrete are at the sidewalks at the intersection of Central & Atlantic Avenue, Oak Lane& Atlantic, west side of Orange Avenue and currently constructing the sidewalk along the west side of AlA. Recommend awarding Bid 03-02 to J&S Curb/Concrete as a unit price annual contract. Attachments CC: File -� C) Lf) to en to C) to to LO LO C) (D (0 M N to rl_ CO m N U LO 00 N N ti h NICT 7- qT CNN r r r r od cm 69 69 61)- 6Fl 69 Gl3 ER tq 07l 6Fl E m L O O C) O LO C) to LO O LO CD c CQ N S C N qT O �. O a N f c- O CL a) V Q W6F} V) 6113, Efl U), 013 Efl ul N (D W _ J N _Q Q U m +- C) U LL O � O � O � ClCl0 C7 co a � � � f C) O O O C) C] 0 0 C) 0 0 0 Q a) Z ❑ r r r r r r r r Lu W w M a04 U o4 o ai ami a°�i a°i ami n cn A L L Ls. L� Lt U- a) a) a) O W LU c L L L L L d V m {g m ca (u LL LL LL .� a) a ? ❑ O Q) a) a) 0 U s7 U O' cr cr m n to ca N j ca O ca LU «+ W U CO q _ to z O O {� C—U x E Q `� �_ (� 3: a) O Q p O ns V X _0N O L +� +� fn CLN Q a) U 'U .0 _ Q) N O_ Q � C 0 U ❑ > � p p 5- 'O U Q. U LO C -� a) oo Z E 'o � a U o cri Co � � aa)) o CL (D �. o C C m a) c6 a) co L0 L' CU N L- U U U D E U C C L C Q N C N Up C tS iof000U < 0 = U W W r N co V cn co l` co rn = O O — z z 1707 Elm St. Suite D Rockledge, FL 32955 321-632-5333 J & S Curb/Concrete Inc. May 2 ,2003 LETTER OF INTEREST We are interested in bidding the concrete work for the City of Cape Canaveral. In the past we have completed several concrete jobs for the city and look forward to working with you in the future. We have been working with Nancy in the Recreation Dept. and also with Kay Mckee, both of these people have seen are work and have been very happy with the jobs. Thank you for giving us this opportunity to bid. Si a ely John Angelillo Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1707 Elm St. Suite D Rockledge, FL 32955 • 321-632-5333 J & S Curb/Concrete Inc. May 2 ,2003 CONTRACTORS QUALIFICATION AND WORK HISTORY We have been in business since 1983, and throughout the years have done many jobs for well know contractors in Brevard County. 1. Gunnstruction ( 321 ) 455-6498 Sheridan Lakes, Deer Run, Rivergrove 2. MH Williams ( 321 ) 757-5750 Club Esteem, Grey Office Bldg 2. Certified General Contractors ( 321 ) 984-5000 Manatee Point, Sonic Drive-Ins, 4. APAC- Southeast ( 321 )242-0236 ALA DOT, Elementary School R, US 1 Southbound 5. . Brevard County (321)617-7202 Lake Drive pedway, Riverside Drive Pedway Since ely C � John Angelillo Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1707 Elm St. Suite D Rockledge, FL 32955 • 321-632-5333 J & S Curb/Concrete Inc. May 2 ,2003 LIST OF RECENT JOBS The following jobs have been concrete curb, concrete sidewalk, grading, and some sitework 1. Gunnstruction Merritt Island , FL ( 321 ) 455-6498 Contact :Dana Staley Sheridan Lakes, Deer Run, Rivergrove 2. MH Williams Melbourne, FL ( 321 ) 757-5750 Contact: Ed Club Esteem, Grey Office Bldg 2. Certified General Contractors Melbourne, FL ( 321 ) 984-5000 Contact: Don Sibert Manatee Point, Sonic Drive-Ins, 4. APAC- Southeast Melbourne, FL ( 321 )242-0236 Contact: Pam Jones AIA DOT, Elementary School R, US I Southbound 5. Brevard County Veira, FL (321)617-7202 Contact: Harriett Raymond Lake Drive pedway, Riverside Drive Pedway YA ly, ngelillo Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . rRyCERTIFICATE �R�r F LIABILITY IUN OPD OATE(MMIDDIYY} &SCII-1 05/02/03 'ROOUC@R I HIS CERTIFICATE 13 ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT$UPON THE CERTIFICATE Irown a Brown, Tait. HOLDER.THIS CgRTIFICATE DOES NOT AMEND,EXTEND OR :600 Lake Lucian Dr. , Ste. 330 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ttaitland FL 32751-7234 Phoue: 407-860-8262 rax,407460-2012 INSURERS AFFORDINO COVERAGE vsuRarD IN5URHRA Ma laud CaE3uelt Co. ENSURER 1 J&3 Curb-Concrete, Inc. INSLAFRC: 170 Elm Street INSURER 0! ROC ledges FL 32955 INSURER 8: ;OVERAGES THE PIXICIES OF Ii1SURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEMD INDICATED.NOTWIT148TANDING ANY RwjxNREMGNT,TERM OR CONDITION OF ANY CONTRACT OR OTHER COCUSIEW WITH RE3P£CT TO WHICH THIS CUMFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED SYTHE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS.EKCLU81ON8 AND CONOtTEOws OF SUCH POLICIES.A0GR$6AT3 UMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSUUNCE POLICY NUMBER '074(71 OD; I DAY& M.V0DIYY j N LIWTS i raim ul uAmuTYi EACH OCCURRENCE 5 000,000 A ` X COOMMCROL4L0CW.MLLIAMILITY } 9CP041364037 10/15/02 � 10/15/03 ! PIRP.DAM OEjAnyanetire) 'S 300,000 CLAIMS MAGE OCCUR f MEG EXP{Any am persa+) 8 10.0 0 D PERBONAL3ADVI"RY isi.000,000 fGENERAL AGGREGATE 152,000.000 I r AGGRE43ATE LIMIT APPLIES PER: PRODUCTS.C0710P AGO 5 2,0()(),0 0 0 POLICY jR !W~I.00 AU70E> BILE lJAE31L{T1' COMBINED SINGLE LIMIT 5 300,000 A ; Y. ANY AUTO SCP041364937 10/15/02 10/15/03 fE6,CCIOWI) ALL OWNED AUTOS BODILY INJURY ,3 I 8CHEDULEO AUTOS (Per peracn) ry- HI"J3 AUTOS MDN�JWNEDAllT08 I INJURY (Pero daM) t I PerACCId9fT1) g { I(Faremwent)OAaAnaE 8 OARA0E UAWLITY AUTO ONLY-EA ACCIDENT I S ANY AUTO i. OTHER THAN EA ACC S '"--� AUTO ONLY: AQQ S 6XCNU LIABILITY I I EACH OCCQ RENCE $ OCCUR 177CLAW AUtOE � i AGGREGATE i S r $ D60U"BLE RETENTION S I 8 WOWERC COFPEN"TION AND RY LI f78 ER-I EMPLOYEW LIABILITY I F.L.EACH ACCIDENT f E-L.DISEASE•EA EMPLOYE S E-L.DISEASE•POLICY LIMIT S j OTHER I ESCRiPTION OF OPtISA'fiOTi511.00ATION3MHJCLESFXCLUSIONS ADDED BY ENCOR$em5NTMPECIAL PROY WONS 'axi 321-534-5744 ERnFICATEE HOLDER rF I ADWIONAL INSURED;INSURER LFI rER:_ CANCELLATION CAPS:C-1 SWWW AW OP YM6 ADOYC OWPOED PCUCIE$bE CANCVLLED BEFPRE THE;EXPIRATION DAVE THEREGi,TMR MSUING INSURER WILL FN09AIMR TO MAIL _1Q.,,,,,,DAYI)WRITTEN City of Cape Canaveral NOTICE TO THE CERTIFICATE H0LP9R LAMED TO THE LEFT,SLIT FAILURE TO=90 SMALL Building De y*rtm nt IMPOSE NO OBLIGATION OR LIABILITY VPGN TME INSURER,ITS Ad6NT'$OR 105 Polk Avenue REPREEENTATIVF4 Cape Canaveral YL 32920-0236 AUTH0R9E!PREPRESE:NTATIVE Houae - Brown & Brown CORD 28.9(7197) OACORD CORPORATION 1930 � r rb ci k 0 o CL M' INI CL wul L _ ~ °- C ° J N 000c) oaoo c� 000 col ocaoo m V- r t- rt- �- �- v v o40 o l^ H www. C6 isJ2 U- U- LL LLL m °, OL 0 w m m a�uu- U' Li- V m .D DJ � u co coLLUW o W v F- c _C W 4- . CO Si to 0 N x E ° 0 -0 CL o con 0 22 CL CL cm- l9v c -Oar G N fl. CO)�.. .n v b Na -Nd p, U to O O O oo E 0m E oCL C6M- IM0CL L co n � � ° ,ca � uE n c c � ,� CL a r U UUUUQ � = � � .0 4) E t- cm c) ;r zn co r` co a) C? 0 Q Z z JESSE MC DUFFIE General Contractor 1745 Elm Drive West Melbourne, FL 32935 May 5, 2003 City of Cape Canaveral City Clerk's office P.O. Box 326 Cape Canaveral, Fl. 32920-0326 Re: Concrete Construction Services Bid # 03-02 Letter of Interest Dear Sir or Madam: I herewith submit a Proposal for the above referenced RFP. As set forth in Article III(C), the following constitutes my cumulative responses: Letter of Interest: This document together with attachments should be deemed my letter of interest. Oualifications and history: Please refer to the resume attached hereto. Subcontractors: At this time, the only subcontractor I can identify with certainty is All Brevard Concrete. They have been in the county for 25 years, and have consistently provided excellent service and materials. They carry a 2 million dollar liability policy. Similar_Projects: Because of the narrow scope of work, it is not possible to identify identical projects. However, every single family residence I have built required that driveways and sidewalks meet local or county specifications, and some also involve DOT specs. I can provide some commercial work I have done that parallels the City's needs. (a) From 1993 to 1996, I was a general contractor for the Melbourne-Tillman Drainage District. I supervised dredging, resloping, sodding, culverting and concrete sidewalk replacement as needed. The contact person is Greg Lancaster, telephone number 723-7233. (b) During 1995 and 1996, I subcontracted with Hardrives to handle course construction at the Viera East golf course. This consisted primarily of hydro-mulching and the creation of retention ponds. (c) In 1991 and 1992, I handled the mounding and sloping of greens at Joe Daddy's golf course in Palm Bay, including installation of irrigation and sodding. To my knowledge, the facility has been sold since I did that work. (d) In addition to the foregoing, I have been selected as the general contractor for the improvements to be made at the Fairvilla Megastore in Cape Canaveral. The contract is a part of the permit application to be filed on Monday, May 5'with the Building Department. The contact person is Mr. Glenn Duffy, 1-407-644-7800. City of Cape Canaveral Page 2 May 5, 2003 s Proof of Insurance: My certificate of insurance is attached hereto Bid Tab Sheet: This is also attached hereto. There is some difficulty in estimating each item, because two or more items may be the subject of a single subcontractor bid. However,I herewith submit a binding bid for $2,108.00 for items 1-3 of the Bid Tab based on 5 feet by 6 inches per 100 feet and $1,660.00 for item 4 (4 feet by 4 inches times 100 feet), as supplemented by the charges indicated for separate items. That is, the unit price would be added to each invoice if and when the service was provided. Please note that the "disposal" portion of items 6 and 7 would require the additional charge of$24.00 per ton for dumping. Miscellaneous concrete (item 10) can only be estimated on a job by job basis. Veg truly yours, Jesse McDuffie C;1ProVamFi1cs\CoroAworecr[ectOffice 20001W VDCS12003\mcdtfrie.eape.leuer.wpd i� F0— � o O 00 00 00 O CL m O pO 00 0o O a a) v - Q L 0 .O- OD W to [- O to tv p (a *+ rl 19 N 11 M N d W cv Q C U CD J 0 0 0 0 0 0 0 0 Op coU 0 0 0 0 0 0 0 O L r T- � U U U (7 Q Q N CO (Q O a) W W W W .. Q ❑ c E Q m N (D a) W N Q) U �'/^� w LL LL LL LL LL V/ M LLU co L L L L N p„ U U a) Q) W N LL L L LL A ❑ C C C C C C' Q cr 0 :3 M > co, U :� � J � JCOfn [AWUW LL N U U C O W L E F— coW U V v oiv -0 U w z 33 0. 00 3ca U O Co O oca -0 � () a) w C O O -0 -0 -0 Q) M co LO �r C 70 ca L- m a) 4, H C Y N y � v- C C U y (� Q Cl L 7 U In C ❑3 O O ID 0 � m d U U C ri ai �_� E o s aa) a o a 0 MEcC " CQ ° C0 € c" 00000 o o a) UIi000U65 U w iu w E r— (vmvintor� aom0r p p �; z z ACQR-Q. CERTIFICATE OF LIABILITY INSURANCE 09/1,1/2002 MVXXXMM THt9 CERmnCATM M UU—M " A "TTER of OFC~TM Robix>t3�n Iz�slxza►>zce, Ir>a. ONLY AND COMMS NO RI43M UPON THE CERTIFICATERobinxon HOLDEFL THIS GERTIFICATE OM Atex Aa>MD EXxMO OR 134 Fifth Avenue Suite 101 ALTER THE E APFOROM BY THE POLICIIP'S BELOW. Indialantic FL 32903- INSURERS AFFCMUG COVERAGE Wstx&D 8COTTSDAZE INSURAMM I! MUFFIE CUSTCM H M S, IM. PISURER S: 1006 OSPREY DRIVE ER ik L4$LSOURM M 32940- COVERAGES 2940--C ES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMET ABOW FOR THE POLICY PERIOD WMATED,NOTWFTHSTANOL40 ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THt$CERTIFICATE MAY SE ISSUM OR MAY PERTAIN, THE INSURANCE AFFOR061) RY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE 1-011IS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R TYPE OF INSURAHCR P[H.IGY NUWFA POLICYEFF£CTM ftLICY EXPIRATM t1M1T8 LTR AWKEPAL LIABa rTY ! ! / / EACH NGE S 300,000 X O .RCIAL�M RY FIRE (Ae 2m"1 d 50,000 CtAWS MMX X OCCUR 09092002-003 09/09/2002 04/09/2403 wtoExp owe s5.00_0 PERSOKAL S ACV WVRY S 300,000 OFJamAGC4MGATE 5 300,000 QWLAGGREGATI:LOSTAPPLMOPER: P>tnduCTs-L;p!MPAGG S 300,000 POLICY El a El L.00 AUT[7MOBL4E LIAAI.ITY I 7 f / COMBINED SING"L1MIF AW AUTO (Ea aodda>t) i ALL OYYMW AUTOS / I ! 000ILY INJURY SCKEDULED AUT46 f (Par Pm-mI S HIRED AUTOS >� / r BODILY INJURY 90N-ova"AUTOS (P!r so**f) s MPERTY VAtMA(IE cQer.edtl.rM) : tAgBILItY / AUTOCNLY-EA ACCIDENT i 7ANYAUTO / / ! OTHER THANEAACC S AUTO ONLY, AGG s LIA9LLITY f f / / mL"RENC 47CCLIR 5 CLANS MAGE ACaGREGATE S s DEDUCTNE RETENTION tt i LJA �AM EL EACH ACC ENT $ vLsFASF-EA EMPLOYEE S. I.L.DISBASE-PO IcyLMrr it, OTHER DESCRFrWN 4FdFERA1fONBILOCA ADDW&Y mKoRwmENT9tPECIAL PAOMISIom gSU* ATE HOLM-k ADDITtOS1AL p+IUR 1' CANCELLATION SHOULD ANY Or THE AtlgVY{: OUcR*FQ POLMS BE CAsKXLM BEFORE THE E%WATEON MT1! INERMP THE 195UMG MURER WILL WEAVM TO MALL 30 mye worm tq a=To TM@ cERTTt:ICATIE f1OLOER MAMED TO Tme uwT.Bur RREARU CoUbrZY LXC N.RZGULATTCIK/ZNF0PJ=. Fwom TIO OO an SWILL(Amw Ntl OOVGATION OR uAHII M Df ANY mmo woo TME 2725 JUAGS FRAM JAMESON WAY NOUREK M AGMTS ORREPREWNTATLVE BLDG. A #106 EtRTATl1rE VIBRP. FL 32940- ACORC 219-5(7197) CACOO CORPORATION 19E *";.Imsom cwlo Al ELECTRONIC LAMA!FORMS,IHC-(L9D0)V?-OSA5 Papa i a JESSE MC DUFFIE 1745 Elm Drive West Melbourne,FL 32935 Pager-(321)456-9478 Cell- (321)720-3235 - Owner cDuffie Custom Homes Present Melbourne,FL I re-entered the single family construction business with sites in Bayside Lakes and Casa Bella Subdivisions. Diprima Construction,Satellite Beach FL October 2000 to January 2003 Project Manager As the project manager for Diprima Homes,my responsibilities included overseeing construction of their new hones. I worked hard to keep all projects running smoothly, acting as a liaison for Diprima, serving their customers, sub-contractors, and suppliers to get the job done within the deadline set. I researched product and pricing in order to stay within a set budget and keep the home purchaser happy. While Project Manager withDiprima,Parade ofHomes was won for first time in 2000. Owner,McDuffie Construction 1979 to October 2000 Melbourne,FL r As the sole proprietor of McDuffie Construction,I was responsible for the initial contact with a prospective customer to build confidence in my company and acquire the new home construction. From there,I would design the custom home,working closely with the customers,sub-contractors and suppliers to get the job done and keep everyone happy. This was a step by step procedure, and as owner, I was ultimately responsible for everything. I am well versed in dealing with everyone involved, supply acquisition, budgeting supply costs and meeting deadlines. I can properly bid a job, set a schedule, stick to that schedule, complete the job by the scheduled deadline and maintain top quality craftsmanship. I built a strong reputation in the construction industry through my hard work and dedication to the customer. My homes sold for anywhere from one hundred twenty thousand to a half million dollars in 1988. . Mcbuffie Construction,Melbourne,FL 1973 to 1979 Framing and Trim Sub-Contractor As a framer and trim sub-contractor,I was hired by various builders in Brevard County to finish the custom homes they had built. I dealt with the customers,builder and suppliers as well. I also had strict deadlines to meet in order for the homes to be completed on schedule. Sub-Contractor 1968 to 1973 Journeyman Carpenter As a Journeyman Carpenter, I learned, and excelled at, layout, conventional framing, stairs, installation of windows,doors,all trim. This was a"from the bottom up"learning venture which gave me the skills and knowledge to further my career in the construction industry and build top quality custom homes. References Will be furnished upon request. Accomplishments • Winner of"the Parade of Homes"(6 times),most recently with Diprima in 2000 • Winner of"Overall Best of Show" (2 times) e f� Meeting Type: Regular Meeting Date 05-20-03Y; r AGENDA Heng Considerations CITY OF CAPE CANAVERAL 1{pp No. AGENDA REPORT CITY COUNCIL OF THE MY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CHANGE ORDER TO VILA. & SON FOR BEACH END IRRIGATION DEPT./DIVISION: BEAUTIFICATION/PUBLIC WORKS Requested Action: City Council consider the change order proposal from Vila& Son in the amount of$62,500 to provide irrigation to the beach end landscaping project as recommended by the public works director. Summary Explanation& Background: (12) beach end areas, (list attached) will cost $5,208 each Needed to help grow-in and maintain these newly landscaped beach end areas. I recommend approval. Exhibits Attached: Public works director's memo dated 05.08-03 City Ma er' Office Department BEAUTIFICATION/PUBLIC WORKS cape-jadari6mimydac admin\council\meeting\2003\05-20-03\vila.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: May 8, 2003 SUBJECT: City Council Agenda Item for May 20, 2003 Beach End Landscaping Irrigation Change Order The City of Cape Canaveral has landscaped the following four- (4) beach ends: Lincoln Avenue, Madison Avenue, Jefferson Avenue and Adams Avenue. The irrigation for these beach ends was available. Irrigation water is not available for the remaining beach ends. This landscape project was budgeted within the Beautification Fund. William Bennix is funding this landscaping project in the amount of$72,000. On December 3, 2002 City Council awarded the landscaping project two Vila& Son in the amount of$40,472. Attached is a Change Order cost proposal from Villa & Son to extend the reclaimed water lines from Ridgewood Avenue to the beach ends in the amount of$62,500. The cost per foot for the 5,696 feet to install the 2" irrigation line is $10.97. The beach end irrigation project will cost about $5,208 for each of the 12 streets. The construction of this project will be directional bore. Reuse Impact funds is budgeted this year in the amount of$200,000. The irrigation will be required for the new landscape plan. The plants will require irrigation every day for the first 90 days (weekend and holiday also). After the plants are established the irrigation scheduled will be 3 times a week. The Beautification Board stated at the last months meeting that if irrigation is not available that the City should not plant the beach ends. The landscaping project is a Bennix funded project. Although the plant selection of Coconut Palms, Sable Palms, sea grapes, sea oats and other annual flowers will grow in this area, the additional irrigation will enhance the growth and beauty of the landscaping. By having the contractor install the landscaping and irrigation, the City will reduce the risk of plant loss and responsibility there of. Recommend that the City move ahead with this project with out any further delays. Recommend the approval of the reuse water Iine extension design by Villa& Son for the Beach End Landscape Project in the amount of$62,500. Attachment CC: File 85!02,12073 05:31 4076549417 VILA&SON PAI(-:E Et'il01 RECEIVED MAY 0 2 2003 SON� 2 May 2003 Mr.Ed Gardulski Public Works Direotor City of Cape Canaveral 601 Tbuim Boulevard Cape Canaveral,Florida 32920 Re:Bewh Eads rtrigatlon Dear E.d' Vila&Son Landscaping Cotpomdon is pleased to submit our proposal to install a 2"re-use line at thr,following locations. Form Ridgewood Avenue East to the beach end of: Royal Mansion Washington Monroe Jackson Harrison Tyler Polk Taylor Fillmorc Pierce Bucannan Johnson Total project Cost $ 2,500.44 Note: A tltrcadcd point of connection at cath location will be provided by the owner. Permits are not part of ftl s prvpasal, Should you have any questions or require additional information please contact our office. Sint , Donald R.Soderblom Sr. Director of Business Development Y' Meeting Type: Regular S� Meeting Date 05-20-03 .` = AGENDA :,- �r7' _ -_� Heading Ordinances-2"d Reading a. C[rY OF CAPE CANAVERAL [tCm 7 No. 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 the adoption of Ordinance No. 13-2003 providing for the permitting and regulation of alarm 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 CityMan Office Department LEGISLATIVE �. Yim1 doc admin\council\meeting\2003\05-20-03113-2003.doc ORDINANCE NO. /3 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, RELATING TO THE PERMITTWG 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;PROVIDING FORINCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law; and WHEREAS, the City Council 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 II provided below. A copy of the current Article II, Chapter 30 is attached hereto for reference City of Cape Canaveral Ordinance No. Page l of 12 purposes only. Section 3. Code Adoption. That a new Article J, Chapter 30 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby adopted as follows: underlined type indicates additions and strikeent type indicates deletions, while asterisks (* * *)indicate a deletion from the Ordinance of tent 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 exce t where the context clearly indicates a different meanie : Alarm Business shall mean a business for which an individual, oggntrsbiR. corporation or other enti1y engaged in selling leasing, ma rrtain servicing, repairing,rppairing, altering, replacing, moving or installing or monitoring an 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 privateI or publicly owned. Alarm Malfunction 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 emer enc medical services caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance, or M other response for which the responding personnel are unable to gain access to the premises for any reason, or are unable to determine the apparent cause of the alarm activation. Alarm Permit shall mean a permit issued by the City allowing the operation of an alarm system within the city. Alarm Systems shall mean Fire Alarm Security Alarm or Life Alert Alarm Systems. Alarm System Technician ,shallmean any person who inspects,_installs, repairs or performs maintenance on alarm systems pursuant to the Section 489.501 et sea., Florida Statutes, Automatic Tele hone Dialin Device or DOW Alarm Communicator Ss 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 line by direct connection or otherwise,indicating the existence of the emergency situation that the alarm system is designed to detect. Emergency Services shall mean singularly and collectively Law Enforcement, Fire Rescue, and/or emergency medical„services, False Alarm shah 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 medical services caused by the negligent or intentional misuse of the Alarm Systemb_y 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 beyond the control of the owner, or to acts of God beyond the control of the owner such as liahtning strikes or severe weather conditions. Fire Alarm System shall mean any mechanical,,.electrical or radio-controlled device designed to emit, ..._ a sound or transmit a si al or message when activated or an such device that emits a sound and transmits a siggal or message when activated because of smoke heat or fire. Without limiting the eng pEgh :ty of the foregoing, Alarm Systems shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms and Automatic Telephone 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 shall mean the City of Cape Canaveral Volunteer Fire Department Inc. Key HolderlEmerzency Contact shall mean the erson s designated in writing by the Owner of the Alarm System as a holder of keys to the Alarm System who is thereby authorized to respond to an activated alarm of the Owner. Latin Enforcement shall mean the Brevard County Sheriff's Department Lie Alert Alarm System shall mean any mechanical, electrical or radio-controlled device which is designed to automatically send a prerecorded voice message of coded signal through an Automatic Telephone Direct Dialing Device or Digital Alarm Communicator System, indicating the existence of an emerizency medical situation to which vublic sgfgly 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 any buildingstructure 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 installed, SecuriAlarm System shall mean any mechanical electrical or radio-controlled device which is. designed to be used for the detection of any unauthorized entry into a„building. structure or far,_IV, 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 re aired• fee; renewal. La) It shall be unlawful for @ny person tooperate an Alarm System without a valid Alarm Permit. Ail 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 an_v changes in emergency contact information. .(q With the exception of Alarm Permits for systems within single-family„residences, Alarm Permits will expire on the thirtieth(3 On day of September of each year and must be renewed not later than the first(P) dgy of October of each year Initial and renewal permits will be issued after completion„of an application„form provided by_„the City and payment is made in accordance with ADvendix B of the QLty Code. Alarm Permits for single-family residences shall not a ire annuafly, but Owners are required to keep emergencyemergengy contact information current as ornVided in this article. If a business has one (1) or more Alarm Systemsprotecting two (2_) or more separate structures having different addresses a separate permit will be required for each structure. (ej Subsections c and d ofthis section shall not apply in those situations where Alarm Permits have been revoked under the provisions of this article 1Q All Alarm Businesses„installin new equipment or transferring alarm service from one alarm user to another user within the city limits will not . the city.within ten (10)working days of the installation, (g) Permits cannot be transferred from one„assigned user to a new alarm user. The new alarm uscr 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. .(a) 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. Thea lication shall be sigied by the Owner and shall provide the followininformation: (11 The.name, address and telephone number of the Owner. (ZI Address and telephone number of the Premises to be served by the Alarm System. (� The name address and telephone number of the Derson in charge of the Premises served by the Alarm System. The name, address, and telephone number of the person or company installing the Alarm System. J51 The name, address, and telephone number,of the person or company monitoring the Alarm System. La The name, address, and telephone number of the person or company providing maintenance and repair service to the Alarm System. (fib Each a lication shall list the name address and telephone number for at least three 3 Ke Holder/EmergencyHolder/Emerggncy Contact persons designated hy the Owner to 12cmit the prgmpt notification of alarm calls and assist the city in the inspection of the property. Changes in the emergency_ telephone numbers shall be kept current and failure to provide updated information may constitute grounds for revocation of the permit. Lc,) Each holder of an Alarm Permit shall notify the city in writing of any and all changes in the information on file with the City regarding an Alarm Permit within_thirty_(30) dgys of such change. Failure to do so shall constitute grounds for revocation of thepermit. 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: The application is not complete or the permit fee was not tendered The application contains false, misleading, or incorrect information (a AU person or company identified on the application as the system installer, system monitor, 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. U Owners or lessees of gny Alarm System which has activated shall respond to the Premises upon being requested,.in order to reset or disable the Alarm System within thirty(30)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 city. requiring an emergen . res once to the Premises hy Law Enforcement Fire Rescue or emergency medical services and such emergengy response personnel 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 anX defect of design, installation or o eration of the Alann System which was identifiable as the cause of the False Alarm. The identity of the Alarm Business engaged to examine the Alarm System shall be provided on the form and the action taken in response to the False Alarm. 1 c 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 rovided by Owner on the application for Alarm Permit. U Failure to return the Alarm Cause and Corrective Action form, to the satisfaction of the city, within twgnt 20 days of recei t of such form will result in an assessment against the Owner of the Premises of a fine of$500.00. Le) The gfty shall have the ri ht to inspect an Alarm System on the Premises to which a response has been made and may cause an inspection of such.system to be made at ani reasonable time City of Cape Canaveral Ordinance No. Page 6 of 12 thereafter to determine whether it is being used in confomaLty with the terms of this article. Sec. 3031, Fees charged, Alarm Malfunction and False Alarms. O False Alarm Fee. No fee shall be assessed for the first three (3) False Alarms„at the same remises res onded to by EmerSM Services during each calendar year. Thereafter, the Owner shall pa a fee as provided in A �ppendix B of the Qjjy Code for each False Alarm responded to at the same Premises during said calendar year. 0b Alarm Malfunction administrative fee. As to all Alarm Malfunctions responded to by EmergencyEmergggcy Services the Owner shall be assessed a fine of 500.00 unless within twent 20 days of receipt the Owner returns to the city the Alarm Cause and Corrective Action form deemed_satisfactory 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 !Uy fees in excess of the Alarm Malfunction Administrative Fee set forth in&12endix B of the QjV Code, Le) Should any fee assessed pursuant to this article remain unpaid in excess of ninety(90) dans from the date the charge is billed,a collection fee in the amount of thirty_-five Q 5)percent on the outstanding balance shall be assessed and shall be available by the Owner ofthe Premises in addition to the orijzinal fee. The Owner shall also be responsible for any legal fees or costs incurred by the gily in enforcement of this article. Sec. 30-32. Disconnection of Alarm Systems. O Except for Premises protected by an Alarm System as recluired by law,the gi1y is authorized to order the disconnection or deactivation of any Alarm S.. stay written notice to the Owner ofthe premises wherein an Alarm System is installed for any ofthe following reasons: �1Z Failure to make all requirements or lay„the fees provided for in this article within fifteen(15) days of the charging of the fees, or Failure of the Owner to provide a written Alarm Cause and_Corrective Action form as require by this article, or X3,1 AFatse 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 The failure of a person notified pursuant to this article to appear within one hour after being noticed to respond, if such failure to timel appear occurs four or more times within a calendar year. bf� The written notice to disconnect shall be provided via certified snail, 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 Q5) days following the date of the notice. The Owner may appeal the order to disconnect in accordance with this article. Sec. 30-33. Appeals. O The city manager or designee will serve as hearing officer for appeals 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 city manager elects a designee to serve as hearin officer that designee shall not be Emergengy EmergencyServices personnel. fljj An appeal must be in writing, submitted to-the gi, manager's office along with a filing fee as provided in Appendix B of the City Code, stating the„reasons why 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 proofb the preponderance of the evidence standard. Lq) The hearing officer shall send notice of hearing to the Owner within fifteen (15) days of receiving a written request for appeal. Within ten(10)days following the hearing the hearing officer shall make written findings in support of the officer's decision,to overturn and or uphold the action ap ep alea. U 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) days following receipt of the written decision within which to comply with the order. U 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 city manager has acted upon the appeal. 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 anyperson to fail to disconnect or deactivate an Alarm System which has been ordered disconnected or deactivated, including those situations in which the heanne officer has affirmed the order to disconnect or deactivate. It shall be a violation of this article for ggy person to reconnect an alarm s stem which has been disconnected or deactivated pursuant to the order of the city, unless the re-connection of the Alarm System is authorizedDursuant,to the dV code, Sec. 30-35. Penalty and enforcement. AM person who violates any provision of this article shall be&Lty of an offense against the cites d shall be punished as provided in Lection 1-15 of the City Code. The provisions of this article ma be enforced either by prosecution as a misdemeanor through the state attomey's office for Brevard County,Florida or through the powers and jurisdiction of the city code enforcement board,or by any 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„system,_a re-connection fee of$25.00 shall be assessed. See.30-37, Automatic Telephone Direct Dialing Device or Digital Alarm Communicator System. (a) It shall be unlawful for any person to install, maintain, operate or use any Automatic Telephone Direct Dialing Device or Digital Algim Communicator System within the ci unless the system is currently approved by the Federal Communications Commission(FCC, and has been approved by Emergency Services, unless otherwise required by Iaw. b Any person who violates the provisions of this section shall be penalized as the provided for in Section 1-15 of the Cily Code, Sec. 30-38. Audible sound systems. All new or existing`audible sound systems shall sound no longer than five (5) minutes for residential and ten (10) minutes for businesses, unless otherwise required by the Underwriter's Laboratories or law. City of Cape Canaveral Ordinance No, Page 9 of 12 Sec. 30-39. Alarm y tems operations. The giM its officers em la ees and agents, shall not asgg2Lany duty or remonsibili1y for the installation,maintenance,operation,repair or effectiveness of anX priy9ely owned Alarm System, those duties or res onsibilities being solgly those ofthe Owner ofthe Premises. Na person shall reset or render an activated Fire Alarm System inoperative unless by direction of the Fire Department. 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 strikeout 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 H. 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 six-= one ,Year period (1) Fire response $150.00 (2) Police response $ 25.00 (c) Appeal of detemiiration of false aiat filing fee $10.00 30-"33(b} (d) Permit fee $15.00 30-4"28 Q Renewal fee 15..00 30-27 c False Alarm Fee 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 (g) Alarm malfunction administrative fee 30-31 Number of alarm malfunctions Fee One through three 0.00 Fourth $25.00 Fifth 25.00 Sixth 25.00 Seventh $50,00 each Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section S. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 7. Severability. If any section, subsection,sentence,clause,phrase,word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision., and such holding shall not affect the validity of the remaining portions of this ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral,Florida. LAdoption Next Page] City of Cape Canaveral Ordinance No. Page 11 of 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2003. ROCKY RANDELS,Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STII.LS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney FAL.awymAje$b\City of Cape Canaveral�OrdinancesWarm Ordinance.wpd City of Cape Canaveral Ordinance No. Page 12 of 12 Attachment"A" ARTICLE II. ALARM SYSTEMS* DIVISION 1. GENERALLY Section 3026. Definitions. Thefollowing 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 sheriffs 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 30-28. 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 3Q-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 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. 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 1 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: (1) 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. F:1Docs\City of Cape CanavemllordinanceslAlarm Ordinance_Attachment A.wpd Meeting Type: Regular Lt+ Meeting Date 05-20-03 +� AGENDA Heading Ordinances4 'Reading Cr[Y 6F CAPE CANAVERAL Item g No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-2003, AMENDING SECTION 42-26 RELATING TO DUTIES OF CHIEF OF POLICE DEPT./DIVISION: LEGISLATIVE Requested Action: s City Council consider at first reading, Ordinance No. 14-2003 relating to duties of chief of police,by clarifying Code Section 42-26. Summary Explanation& Background: This ame xhiient is a result of a recent code review workshop. I recommend approval at first reading. Exhibits Attached: Ordinance No. 14-2003 City Ma . er' Office Department LEGISLATIVE cape(] �xmyd um is \council\meeting\ 3105-20-03\14-2003.doc ORDINANCE NO. 14-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 42-26 OF THE CAPE CANAVERAL CODE RELATING TO DUTIES OF CHIEF OF POLICE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive review of the City Code to update the City Code; and WHEREAS, during the review of Chapter 42 of the City Code, the City Council determined that a correction to Section 42-26 is necessary to eliminate duplicate language; and WHEREAS, the City Council hereby finds that the correction to Section 42-26 contained herein is in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 42 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and st�u type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 42. It is intended that the text in Chapter 42 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance 14-2003 Page 1 of 3 CHAPTER 42 LAW ENFORCEMENT Article II. Police Department Sec. 42-26. Duties of chief of police and/or precinct supervisor. (a) It shall be the duty of the chief of police and/or precinct supervisor to: (1) Attend meetings of the city council as directed by the city council; (2) Aid in the enforcement of order and aid in the enforcement of laws and city ordinances; (3) Execute all papers and processes of the city or its authorities; (4) Aid iR the enfomement of order; and f4)(5) Perform such other duties as may be lawfully required of him by law or lawfully assigned by the city council or city manage . (b) Subject to the authority and instructions of the city council, the chief of and/or precinct supervisor shall have and exercise control over the police department. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability.If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. City of Cape Canaveral Ordinance No. 14-2003 Page 2 of 3 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney FADocslCity of Cape CanaverallOrdinances\Police_Chief Duties.wpd City of Cape Canaveral Ordinance No. 14-2003 Page 3 of 3 Meeting Type: Regular Meeting Date 05-2M3 r AGENDA Heeding Ordinances-I'Reading CITY OF CAPE CANAVERAL Item 9 No. - AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 15-2003,RELATING TO FIRE PROTECTION SERVICES DEPT./DIVISION. LEGISLATIVE Requested Action: City Council consider at first reading, Ordinance No. 15-2003 relating to fire protection services by clarifying Code Sections 38-56, 38-57 and 38-58. Summary Explanation & Background: This code revision was a result of a recent code review workshop. I recommend approval at first reading. Exhibits Attached: Ordinance No. 15-2003 City Ma 's Office Department LEGISLATIVE ki(1s\admin\council\meeting12003\05-20-03115-2003.doe ORDINANCE NO. 15-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO FIRE PROTECTION SERVICES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTION; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive review of the City Code to update the City Code; and WHEREAS, during the review of Chapter 38 of the City Code, the City Council determined that amendments to Sections 38-56, 38-57, and 38-58 are necessary in light of Section 4 of the City's Charter, which was amended in 1985, and to clarify the authority provided to the Fire Chief under the City's Ordinances; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Sections 38-56, 38-57, and 38-58 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and S+Fc�u type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 38. It is intended that the text in Chapter 38 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 15-2003 Page 1 of 4 Sec. 38-56. Composition, nre-sbTef-, sempensa; ,K Fire Protection services; emergency medical services. The city Fnay have a paid fire depaFtFneRt Wh Gh steal;-esas+sr^f a Fir„ Ghief Rd n„i.h shall contract with the Cape Canaveral Volunteer Fire Department, Inc. for the provision of fire protection and emergency medical services within the city, unless otherwise provided in accordance with the City Charter. hese s#ief shall the-head-of the fiFe depaFtMent, and he shall be appointed and- remeved by the Gity GGWRGjI. The fiFe Gh.ef and the firefighters The city may however, enter into mutual aid agreements with any municipality, Brevard Count or private or federal agency for the purpose of supplementing the fire protection services provided by the Cape Canaveral Volunteer Fire Department, Inc. Sec. 38-57. Volunteer fire department. The city may support and assist a VGIURte8F f�Qepa#ment the Cape Canaveral Volunteer Fire Department, Inc.. Such support and assistance be knoted tG the fUFAishing Of Gity fire tFUGks, firefighting equipment and supplies fQF a" the 1 elan+nor firefighters shall be defined and provided for within the Contract for Services, as may be amended, between the city and the Cape Canaveral Volunteer Fire Department, Inc.. Sec. 38-58. Duties of fire chief. (a) It shall be the duty of the fire chief to: (1) Attend such meetings of the city council as required by the city council; (2) Aid in the enforcement of all applicable laws and city ordinances relating to the prevention and extinguishment of fires and the protection of life and property within the limits of the city and execute all papers and processes of the city or its authorities relating thereto; and City of Cape Canaveral Ordinance No. 15-2003 Page 2 of 4 (3) Perform such other duties as may be lawfully required obirn, subject to by law or lawfully assigned by the city council or city manager. (b) The Cape Canaveral_Volunteer Fire Department, Inc. shall appoint a lawfully qualified individual to serve as fire chief who shall have and exercise control over the fire department. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability.If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 15-2003 Page 3 of 4 First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney FALawyeNeffb\City of Cape Canaveral\Ordinances\Fire_Protection_Amend_Sec38.wpd City of Cape Canaveral Ordinance No. 15-2003 Page 4 of 4 Meeting Type: Regular Meeting Date 05-20-03 AGENDA REPORT AGENDA Hcwmg Ordinances -I' Reading 11M 10 No. I recommend approval at first reading. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 16-2003, AMENDING CHAPTER 18 RELATING TO CIVIL EMERGENCIES DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 16-2003, amending Chapter 18 relating to civil emergencies. Summary Explanation & Background: This amendment is a result of a recent code review workshop. This amendment establishes lawful procedures to declare civil emergencies and defines the scope of measures that can be taken during a state of a civil emergency. I recommend approval at first reading. Exhibits Attached: Ordinance No. 16-2003 City Manager' ffice Department LEGISLATIVE cape -n m ec n in\council\meeting\2003\05-20-03\16-2003 aoc ORDINANCE NO. 16-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES; PROVIDING FOR CIVIL EMERGENCY POWERS AND MEASURES; PROVIDING FOR THE DURATION AND TERMINATION OF A DECLARED STATE OF EMERGENCY; PROVIDING FOR THE PROHIBITION AGAINST UNCONSCIONABLE PRICES DURING A DECLARED EMERGENCY; PROVIDING FOR VIOLATIONS AND PENALTIES; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. Vlll of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, pursuant to Chapters 252, 501 and 870, Florida Statutes, and other applicable laws, he City Council has the power to declare a state of civil emergency within its municipal boundaries; and WHEREAS, the City Council desires to establish lawful procedures to declare civil emergencies and to further define the scope of measures that can be undertaken during a state of civil emergency in order to protect and safeguard the resources and citizens of Cape Canaveral during such emergency; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 18 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and str keou type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 18. It is intended that the text in Chapter 18 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 16-2003 Page 1 of 5 CHAPTER 18 CIVIL EMERGENCIES Sec. 18-2. Persons authorized to declare emergency. The city council shall have the right to declare a civil emergency by resolution. In the event a meeting of the city council cannot be convened to declare a civil emergency in a timely manner, the mayor, or in the absence of the mayor, the city manager, shall have the right to declare a civil emergency provided the declaration is in writing_ Whenever a civil emeraencv is declared pursuant to Section 18-2 of this Code. the council resolution or written instrument of the mayor or city manager shall set forth the nature of the civil emergency, any lawful measures deemed necessary to preserve and protect the public health, safety, and welfare, and the duration said measures shall remain in effect. Any measure promulgated under this section shall have the force and effect of law. Such measures shall only be effective during the state of civil emergency. Such measures may include, but are not limited to, the following: a) Establish curfews. includina. but not limited to. the prohibition of or restrictions on pedestrian and vehicular movement standing and parking, exce t for the provisions of designated essential services, such as fire, police, emergency medical services (including the transportation of patients and emergency calls by physicians or other approved medical personnel). and public works services (includina utilitv emergency repairs (b) Utilize all available resources of the city government as reasonably necessary to cope with the civil emergency, including emergency expenditures. However, in the case of a declaration of civil emergency by the mayor or city manager, such emergency expenditure shall not exceed fifty thousand dollars ($50,000.00). City of Cape Canaveral Ordinance No. 16-2003 Page 2 of 5 11 ERIC - -NOWN.WN'�IML - - - :- W. -- The city council shall have the right to declare a civil emergency by resolution. In the event a meeting of the city council cannot be convened to declare a civil emergency in a timely manner, the mayor, or in the absence of the mayor, the city manager, shall have the right to declare a civil emergency provided the declaration is in writing_ Whenever a civil emeraencv is declared pursuant to Section 18-2 of this Code. the council resolution or written instrument of the mayor or city manager shall set forth the nature of the civil emergency, any lawful measures deemed necessary to preserve and protect the public health, safety, and welfare, and the duration said measures shall remain in effect. Any measure promulgated under this section shall have the force and effect of law. Such measures shall only be effective during the state of civil emergency. Such measures may include, but are not limited to, the following: a) Establish curfews. includina. but not limited to. the prohibition of or restrictions on pedestrian and vehicular movement standing and parking, exce t for the provisions of designated essential services, such as fire, police, emergency medical services (including the transportation of patients and emergency calls by physicians or other approved medical personnel). and public works services (includina utilitv emergency repairs (b) Utilize all available resources of the city government as reasonably necessary to cope with the civil emergency, including emergency expenditures. However, in the case of a declaration of civil emergency by the mayor or city manager, such emergency expenditure shall not exceed fifty thousand dollars ($50,000.00). City of Cape Canaveral Ordinance No. 16-2003 Page 2 of 5 (c) Declare certain areas of the city off limits and closed to all nonessential personnel. (d) Make_ provisions for the availability and use of temporary emergency housing and the_emergency warehousing of materials. (e) Establish an emergency operating center and employee shelter in addition to or in place of those provided for in the Brevard County's emergencyplan. f Establish price controls pursuant to Section 18-5 of this Code. (q) Confiscate merchandise, equipment, vehicles, or property needed to alleviate the emergency. Reimbursement shall be within sixty (60) days and at customary value charged for the items during the ninety (90) days previous to the emergency, (h) In cooperation with Brevard County emergency management and on behalf of the city, call on the National Guard of the Army, Coast Guard or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control. i Activate the statewide mutual aids stem. (j) Prohibit or limit the sale, purchase, transfer, distribution, display, possession, or exchange of any weapon; except that this provision shall not apply to duly authorized law enforcement officials acting in an official capacity_ (k) Prohibit or limit the sale, purchase, transfer, distribution, display possession, exchange of any alcoholic beverage, flammable liquid, explosive substance or hazardous material or substance; (1) _Prohibit or limit any person or persons from assembling in public places; and (m) Prohibit or limit the public's use of pubic facilities including, but not limited to, parks, government buildings, rights-of-way, and beaches. Sec. 18-4. Duration and Termination of Emergency. a) Upon declaration of a civil emerpencv pursuant to Section 18-2 of this Code the state of emergency shall commence immediately unless otherwise provided in the council resolution or the written instrument of the mayor or city manager, and shall terminate when the declaration has been rescinded or terminated by similar resolution or written instrument City of Cape Canaveral Ordinance No. 16-2003 Page 3 of 5 b Notwithstanding the provisions in subparagraph a of this section an declaration of civil emergency imposed by the mayor or city manager shall be subject to review by the city council at a regular or special meeting within twenty-four (24) hours of such declaration or as soon thereafter as the city council can convene a meeting. The city council shall review the declaration and determine whether a civil emergency exists. If a civil emergency exists the city council shall declare such emergency by resolution. In any event the declaration imposed by the mayor or city manager shall immediate) terminate at the time the cily council makes the determination required by this subsection. Sec. 18-5. Sale of_goods, services, or materials at„unconscionable prices. (a) During_ a declared civil emergency, it shall be unlawful and a violation of this chapter fora person or her or his agent or employee to rent or sell or offer to rent or sell at an unconscionable price any goods,, services, materials, or essential commodity within the area for which a civil emergency_ is declared. (b) During a declared civil emergency, it shall be unlawful and a violation of this chapter for any person to impose unconscionable prices for the rental or lease of any dwelling unit or self -storage facility within the area for which a civil emergency is declared. (c) A price approved by an appropriate government agencyshall not be a violation of this section. (C-. For purposes of this section_ 18-5, the term "unconscionable” shall have the same meaning and evidentiary standard set forth in Section 501.160, Florida Statutes as amended. Sec. 18-6. Violations and penalties. A violation of any Provision of this chapter, or violation of any emergency measure promulgated under this chapter, by any person, shall constitute a code violation and be unishable ursuant to Section 1-15 of this Code. Sec. 18-7. Authority; Governor's; President. Nothing contained in this chapter shall be construed to limit the Governor's or the President of the United States' ability to proclaim or terminate a stateof emergency within the City of Cape Canaveral. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance No. 16-2003 Page 4 of 5 Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ATTEST: Susan Stills, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney Rocky Randels, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 16-2003 Page 5of5