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HomeMy WebLinkAboutPacket 06-17-2003 C)E A��s City of Cape Canaveral r p CITY OF GAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 17, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Summer Beautification Awards CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 3, 2003. 2. Easement Agreement with Blarney 67. Parcel No. 24-37-15-00-00754.1-0000.00 CONSIDERATIONS: 3. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers. 4. Motion to Approve: 319 Stormwater Grant Application. ORDINANCES: First Public Hearing: 5. Motion to Approve: Ordinance No. 12-2003; Establishing Uniform Board Requirements for City Boards, for second reading. 6. Motion to Approve: Ordinance No. 17-2003; Repealing Section 58-35 of the City Code. 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: ccapecanaverai@cfl.rr.com :pity of Cape Canaveral, Florida Council Regular Meeting June 17, 2003 Page 2 RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2003-21; To Officially Name a New Street Extension King Neptune Lane. 8. Motion to Adopt: Resolution No. 2003-22; To Officially Name Streets within Bayport Townhomes. 9. Motion to Adopt: Resolution No. 2003-23; To Officially Name Streets for Solana on the River. 10. Motion to Adopt: Resolution No. 2003-24; Approval of Final Plats for All Shores Townhomes, Phases I & II, Lots 13 and 14. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. ju r , MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: June 4, 2003 SUBJECT: City Council Agenda Item for June 17, 2003 The Beautification Board selected Doug Wilson Enterprises located at 6121 N. Atlantic Avenue for the Summer Beautification Award winners at their June 10th meeting. 1 would like to place this on the agenda for the City Council meeting of June 17, 2003 at the request of the Beautification Board, CC: Susan Stills, City Clerk File CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY .lune 3, 2003 7.00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Work Director Ed Gardulski Fire Chief Dave Sargeant, CCVFD CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 20, 2003. 2. Resolution No. 2003-19: Appointing A Regular Member and One Alternate Member to the Recreation Department. (B. Specht, Regular Member and G. Petre, 15t Alternate Member) 3. Resolution No. 2003-20; Re-Appointing Members to the Business and Cultural Development Board. (J. Coates, E. Foy, C. Smith and Wm. Young) 4. Proclamation for National Small Cities and Towns Day. City of Cape Canaveral, Florida City Council Regular Meeting June 3,2003 Page 2 Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mayor Pro Petsos and seconded by Mr. Treverton to approve Consent Agenda Item No. 1 through 4. The vote on the motion carried 5-4 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 5. Development Agreement with Solana Lake, Inc. Mayor Randels provided the background stating that Solana Lakes as a required part of its site plan agreed to construct roadway improvements on North Atlantic Avenue for vehicles turning east into the development. Mr. John Allen, Project Engineer and Mr. Maath Bennett were available for questions. Mayor Randels asked about the length of the acceleration and deceleration lanes. Mr. Allen stated that such lanes already exist however the road is being expanded westward to install a turn lane. No expansion would occur on the east side of the street. Florida Power and Light [FPL] has agreed to bury their power lines. Mr. Boucher said that the Council could agree with the stipulation of FPL's action on the buried lines. Mr. Morgan asked if the property owners on the west side were notified. Mr. Bennett affirmed and said the property owners on the west side anticipate the buried power lines. Mr. Treverton asked if the City needed the County's approval. Mr. Boucher replied that the development firm would seek approval from the County. Mr. Allen explained that plans would be finalized for the County once the firm ascertains where FPL will bury the lines_ Mr. Nicholas inquired about the length of buried lines. Mr. Bennett replied from Southgate Mobile Home Park to just south of the old Post Office. Mayor Randels clarified that the distribution lines are being buried, not the transmission lines. Mayor Pro Tem Petsos inquired about the medians and asked if green space were considered. Mr. Hoog related that the City of Cocoa Beach has problems with raised medians. Chief Sargeant replied that they do incur a traffic problem. Mayor Randels referred to the Canaveral Tree ordinance and noted that the developer would donate trees to the Manatee Sanctuary Park. He also commented on alleviated congestion on North Atlantic Avenue. Mayor Randels asked about retaining the pedwayl bikeway. Mr. Bennett stated that it would remain but it could be decreased. Mr. Morgan clarified that the City ordinance calls for five-feet. Mayor Randels summarized the consensus of the Council to provide the widest possible pedwayl bikeway allowable. City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 3 Mr. Treverton asked if a curb is proposed on the west side. Mr. Allen stated that the intent was to minimize the impact to the adjacent property owners. Mr. Treverton also inquired about some curb cuts on the west side. Mr. Allen replied that he has the approval of the owners. Mayor Randels summarized that the County has the final approval on this agreement. Mr. Bennett stated that FPL has projected September as the completion timeframe to bury the power lines. Mr. Boucher will execute the agreement contingent upon confirmation by Florida Power and Light to bury the lines. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve the Development with Solona Lake, Inc. 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: 6. Motion to Adopt: Ordinance No. 14-2003; Amending Section 42-26 of the City Code Relating to Duties of Chief of Police. Mayor Randels read Ordinance No. 14-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 42-26 OF THE CAPE CANAVERAL CODE RELATING TO DUTIES OF CHIEF OF POLICE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERBILITY AND EFFECTIVE DATE. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 14-2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Adopt: Ordinance No. 15-2003; Amending Chapter 38 of the City Code Relating to Fire Protection Services. Mayor Randels read Ordinance No. 15-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO FIRE PROTECTION SERVICES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 4 There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Adopt Ordinance No. 15-2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 8. Motion to Adopt: Ordinance No. 16-2003; Amending Chapter 1S of the City Code; Providing for Civil Emergency Powers and Measures; Providing for the Duration and Termination of a Declared State of Emergency. Mayor Randels read Ordinance No. 16-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES; PROVIDING FOR CIVIC. 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 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. There was no public comment. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 16-2003. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 9. Reuse System. Mr. Gardulski submitted a reuse system packet that showed the existing lines. He planned to target the customers that have paid and are awaiting service. Mr. Treverton inquired about new customers. Mr. Gardulski replied that there are 600 existing customers and approximately 50 new customers. Mr. Ted Hortenstine of Brown and Caldwell, Inc. stated that the customers would receive lines but no service until their fee is paid. Mr. Gardulski stated that the fee is $175 for residential service and $500 for commercial property. Mr. Boucher replied that this cost is for the plumber to install the service. Mr. Morgan asked if any plumber could install the meter. Mr. Boucher replied that the plumber awarded the bid installs the meter. Mr. Morgan expressed that any qualified plumber should be allowed to install the meter to avoid additional costs to the customer. Mr. Treverton inquired about the back- City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 5 flow device and asked if this was part of the service. Mr. Hortenstine affirmed. Mayor Pro Tem Petsos requested to review reuse service at the July V5 Council meeting as well as the requirement for the contracted plumber. Mayor Randels made a point of order that the discussion is the streets on which to continue service. Mayor Randels stated that the streets in question are Adams, Monroe, Tyler and Lincoln Avenues. Mr. Boucher stated that Council has two avenues a design build project or pursing the bid process. Mr. Hortenstine explained that a design build project would determine cost up front instead of preparing specifications for an open bid process. Mayor Randels inquired about an absence of customers on Monroe Avenue on the plans and if so why is it included. Discussion clarified that the blocks included are 100 through 600 block of Monroe Avenue. Mr. Morgan asked the City Attorney if he should abstain from the vote on Adams Avenue due to a personal construction project on that street. Attorney Garganese asked if the Council's decision would determine if Mr. Morgan would acquire reuse. Mr. Gardulski stated that Mr. Morgan already has access to service. The City Attorney determined that Mr. Morgan had no conflict. Mr. Hortenstine clarified that the Public Works Director's intent is a systematic approach to continue the reuse line. Mr. Gardulski replied to Mayor Pro Tem Petsos's question on how the streets were chosen and said by the greater number of waiting customers. Mr. Treverton referred to the 300 block of Lincoln Avenue and noted ten potential customers and he asked if ten laterals would be installed. Mr. Gardulski affirmed. Mr. Nicholas asked if reuse lines were available on the east side of North Atlantic. Mr. Gardulski replied that permitting was required to carry the line across North Atlantic Avenue. Mayor Randels reminded that the cost of crossing the road is not passed on to the customer. Mr. Petre said that the City should notify the property owners on the four proposed streets. Mr. Gardulski affirmed that notification would be performed. Mr. Gardulski replied to Mr. Nicholas' question on reuse hours that water is on 7 to 10 A.M. and 6 to 10 P.M. Mr. Hoog asked if any grants would be pursued. Mr. Boucher replied that the St. Johns River Alternative Water Source Grant would be available in November. Mr. Hoog asked if cost of connections would decrease with a grant. Mr. Boucher replied that meter and back flow devices could be reviewed in a later time with possible price breaks due to volume. Mayor Pro Tem Petsos inquired about converting the reserve tank into a reuse tank. Mr. Hortenstine replied the firm is looking at converting the reject storage tank into an actual storage tank. He stated that the Florida Department of Environment Protection would need to approve this proposal. The proposal would include a tank cover, two new pumps and piping modifications in order for the City to utilize the existing tank. With a protocol in place, staff could react to the tank acting in a reject mode. Mayor Pro Tem Petsos inquired about the time line. Mr. Hortenstine replied completion within one month. Mr. Treverton asked why the City of Cocoa Beach did not request water during drought conditions. Mr. Gardulski replied that their tank was not in service. City of Cape Canaveral, Florida City Council Regular Meeting .tune 3, 2003 Page 6 A motion was Mayor Pro Tern Petsos and seconded by Mr. Hoog to Approve the Recommendation from Brown and Caldwell, Inc. for the First Phase of Reuse Water System Extension on the Streets of Adams, Monroe, Tyler and Lincoln Avenues. 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. REPORTS: 1. City Manager • Mr. Boucher announced that Council would have options for the 319 Stormwater Grant on the next meeting Agenda. Council needs a resolution committing to perform the Baffle Box Project with a 40%grant match. St. John's has contracted with Amee Adams and Gordon England to prepare the grant. Mr. England is performing the engineering on the three baffle boxes at Center Street, Holman Road and at the west end of West Central Blvd.They were asked to review the canal however they did not find it qualified for this grant, even if the walls were shored or culverted. Council needs to decide on the number of baffle boxes to apply. Mayor Pro Tem Petsos expressed the desire of the Council to continue with the canal as a recreational spot. Mr. Morgan stated that the City should pursue the easements needed to maintain the canal. • Mr. Boucher referred to a request from the Cocoa Beach Area Chamber of Commerce asking for$10,000 from member donations to purchase fireworks for Ron Jon's Fourth of July event. Mayor Randels reported that Tony Hernandez is making a contribution and asked if the City would follow suit. Discussion followed on the percentage of funding expected from the City. Mr. Morgan expressed that the City should help in some way and personally contributed $250. Mr. Hoog expressed concern with using tax dollars for something credited to a private enterprise. • Mr. Boucher invited the Council to schedule a Goals and Action meeting. The date and time was set for June 17�'from 1:00 to 5:00 P.M. 2. Staff Public Works Director • No report. Fire Chief • No report. City Clerk • Ms. Stills reported that the Supervisor of Election's Office has mailed Financial Disclosure Reports and encouraged Council members to leave a copy of their report in the City Clerk's office. The Supervisor of Elections office maintains the record copy. City Attorney • Attorney Garganese reported that a complaint was fried against Mr. Milliken seeking a Court injunction to prevent his beekeeping operation. City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 7 3. City Council Mr. Morgan • Mr. Morgan referred to a site plan for curb cuts at the end of Monroe Avenue. He stated that he reviewed the project with Mr. Allen and he has since revised the plan. Mr. Morgan reported that in the plan one parking space would be lost. Mayor Randels said that one space actually denotes three City spaces and he was not in favor of eliminating those parking spots. Mayor Pro Tem Petsos restated that the developer should consider his access from the alleyway in order to make a wide enough turning radius. Mr. Morgan said that the Planning and Zoning Board approved the revised site pian. Mayor Randels stated that the rest of Council was ill at ease with relinquishing City parking spaces for a right-of-way for a private developer. Discussion followed on access from the alleyway. Mr. Boucher stated that staff is working on developing access from the alleyway. Mayor Randels summarized that the Council desired to retain the same number of City parking spaces. Mayor Pro Tem Petsos requested including language in Chapter 98 of the City code to retain beach end parking spaces. Mr. Boucher restated from the previous meeting that the developer is allowed access but not the most convenient access. Mr. Hoog « Mr. Hoog inquired about the old Knot House building. Mr. Boucher stated that the Building Department sent notice on the building permit's expiration. Mr. Treverton • Mr. Treverton inquired about the new City of Cocoa Beach sign ordinance. Mr. Boucher furnished him a copy of the ordinance. Mayor Pro Tem Petsos • Mayor Pro Tern Petsos inquired about recommendations for Board member qualifications. Attorney Garganese replied that work is in progress. • Mayor Pro Tem Petsos asked about the polo shirts for Law Enforcement. Mr. Boucher said that a letter was sent. Mayor Randels • Mayor Randels referred to a Citizen's Academy Request for Information in the Datagram. The City Clerk's office is compiling research on how to gain adult resident's participation in learning about City services. • Mayor Randels reported that Space Coast Area Transit is rated 13'h in productivity. • Mayor Randels reported that he received the Governor's budget that show zero funding for cultural programs. • Mayor Randels announced that the Governor would sign Bill 601 tentatively on June 10th. • Mayor Randels reported that the Homeland Security Act name was changed to Wartime Supplemental Appropriation. Mayor Randels encouraged the Public Works Director to acquire funding for the security camera at the facility gate. City of Cape Canaveral, Florida City Council Regular Meeting June 3, 2003 Page 8 • Mayor Randels reported that the City Manager's action on speeding with the help of Law Enforcement captured media attention. • Mayor Randels gave an update on feral cats in that the Florida Fish and Wildlife Commission did decide that stray cats face eviction from public lands to protect rare birds and other animals. Their position is to protect Florida wild life. Mr. Boucher stated that he proactively made a request to the feral cat colony owners to remove those colonies at the beach ends. • Mayor Randels reported on a change of command. Chief Mary Ward will take charge of the Coast Guard on Friday, July 11 t'. • Mayor Randels announced the Keep Brevard Beautiful Awards Banquet on Saturday, June 7th please contact Marianne Huston if you plan to attend. • Mayor Randels distributed a Wild Life Guide sponsored by the Environmentally Endangered Lands committee. AUDIENCE TO BE HEARD: • Mr. Gene Petre inquired about acreage that the City leases from the Port. Mr. Boucher replied that the Recreation Board has been tasked to review this land for recreation purposes. Mr. Petre pointed out that there is no access. Mr. Boucher responded and affirmed that there was no access. Mayor Randels explained that this designated IITF property is the City's to use if the ditches can be cleared. Mr. Morgan suggested using the land for stormwater mitigation. Mr. Nicholas replied that the City acquired a lease to deter development and if the City plans to develop the land, the Port must be notified. • Mr. Nicholas asked if any further action would be taken on the peacock population. Mr. Boucher replied that no standard of measurement has been set at this time. Mr. Nicholas requested further findings. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type:RegWar Meeting Date: 0&17-03 AGENDA H-ding Consent My OF CAPE CANAVERAL Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: EASEMENT AGREEMENT WITH BLARNEY 67, INC. DEPT-/DIVISION: STREETS/PUBLIC WORKS Requested Action: City Council consider the approval of the easement agreement with Blarney 67, Inc. as recommended by the public works director. Summary Explanation & Background: This (20') wide easement along SR AIA is a requirement of the modification to the settlement agreement with Blarney 67, Inc. that City Council approved on April 15, 2003. 1 recommend approval. Exhibits Attached: Public Works Director memo 6-11-03 with easement agreement City Ma s Office 12 Department STREETS/PUBLIC WORKS -,T,�����ng\2003\06-17-03%Wney67.doe �54pCE Ak. ':44 �i n /' City of Cape Canaveral Date: June 23, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board (g))2." I F Re: Easement Agreement Between the City of Cape Canaveral and Blarney 67 The Planning & Zoning Board reviewed the above referenced easement agreement at the meeting held on June 11, 2003 and unanimously recommended approval of the easement agreement to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: June 11, 2003 SUBJECT: City Council Agenda Item for June 17,2003 Easement Agreement from Blarney 67 Parcel NO: 24-37-15-00-00754.1-0000.00 Throughout the year, the City of Cape Canaveral is required to obtain easements for property owners to perform City projects. For example, the City is required to obtain an easement to construct a public sidewalk, sewer lines, reuse water lines, stormwater line and landscaping to name a few. These easements are solicited by the City of Cape Canaveral and are in the City's best interest. According to Article I. IN GENERAL, Sec. 110-1, of the city code,Easement means a right-of-way granted for limited use of private property for a public or quasi-public purpose. Within Sec. 110-477 requires that"no purported dedication of an easement to the city shall be effective until it is accepted by the city council, after review and recommendation from the planning and zoning board." On the 15`x'day of April 2003 the City of Cape Canaveral and Blarney 67, INC., executed the First Modification to the Settlement Agreement. As a part of this agreement, Blarney 76 agreed to dedicate a perpetual twenty-foot (20') wide easement to the City of Cape Canaveral. Attached is an easement agreement between the City of Cape Canaveral and Blarney 67, The Planning and Zoning Board, has reviewed this Easement Agreement and recommended approval on June 11, 2003. Recommend the approval the Sewer Easement Agreement between the City of Cape Canaveral and Blarney 67. Attachment CC: File EASEMENT THIS INDENTURE made this 28 day of May 2003 by and between Blarney 67,Inc of the County of Brevard, State of Florida,Grantor,and the City of Cape Canaveral, a Florida municipality whose Post Office address is 105 Polk Avenue, Cape Canaveral,Florida, 32420,located in Brevard County,Florida,Grantee: WITNESSETH That for and in consideration of the sum of One Dollar($1.00)and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby grants,sells and conveys unto the Grantee,its successors and assigns, an easement along,under,over and across certain real property located in Brevard County,Florida more particularly described on Exhibit "A"attached hereto(Servient Estate). The easement shall be described as that portion of the Servient Estate,20 feet in width running the length of the Servient Estate along the west right-of-way line of SR A IA. The purpose of the Easement granted herein is more specifically set forth as follows: 1. The perpetual right of the of the Grantee or its designee or franchisee to construct, install,maintain,repair and replace sidewalk, landscaping,trees, irrigation and lighting within the described Easement. 2. The perpetual right of the Grantee or its designee or franchisee to construct, install,operate,maintain,repair,replace and remove utility systems including potable water,sewer,reclaimed water, storm water drainage,lines or pipes,and other utilities such as electric,gas and communication lines,and the right to transmit and convey utilities through and under said property,together with the right to excavate and refill ditches and trenches for the placement of such lines or pipes within the described Easement. 3. The purpose of this Easement is to provide for installation by Grantee and its public utility designees and franchisees of public improvements as set forth in paragraphs i and 2 hereinabove to serve the general public,and no neighboring landowners or others shall have any rights hereunder except as may be expressly provided herein such as the right to have ingress and egress to and from Grantor's lands over the easement area. 4. Grantee and/or public utility designees and franchisees in constructing,maintaining,repairing,replacing or otherwise using the easement area shall not at any time totally block ingress into or egress from Grantor's remaining lands or unreasonably interfere with the ability of Grantor or its heirs, administrator, successors and assigns to operate and conduct its commercial business on said lands during normal business hours. 5. This easement shall be non-exclusive and subject to the right of Grantor and its heirs, successors,administrators and assigns to use the easement area for permitted purposes not inconsistent with the uses of the Grantee and Grantee's public utility designee of franchisee,including but not limited to Grantor placing advertising signs and other items within the easement area and allowing Grantor and its customers,employees and others to lawfully cross said easement area in order to have vehicular and pedestrian ingress and egress to the MOT State Road AIA and the lands of Grantor through the Easement area. TO HAVE AND TO HOLD the same unto said Grantee and its successors and assigns,together with the right to enter upon said lands and to construct and maintain public uses thereon,with all such fills,cuts,drains,pipelines,ditches and other incidents which said Grantee may deem necessary or convenient in connection therewith. It is expressly understood and agreed that the terms,covenants and conditions of this Easement shall be and constitute covenants running with and binding upon the premises herein above described and shall constitute an obligation of said premises regardless of title of ownership thereof and regardless of any future change which may take place therein. IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals on the day and year first above written. Signed in the presen of: Grantor Glenn Duffy .4i>rs1 n Norma Smith Pres- ent 7 Inc STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY,personally appeared before me,the undersigned authority, William J. Murphy,President, Blarney 67,Inc to me well known to be the person described in and who executed the foregoing easement,and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed. IN WITNESS WHEREOF,I have hereunto set my hand and official seal in the State and County aforesaid this 28 day of May,2003. ANDREA N.MIER Nolary Public,State of Florida My comm expires April 09,2005 No. DD16654 BondPd tnru Ashror Agency, irc (800)451-4854 ARY P IC, State ofF orida e My Commission Expires:April 9,2005 2 EXHIBIT"A" Easement: Blarney 67, Inc May 28, 2003 LEGAL DECRIPTION A tract of land lying in Section 15, Township 24 South, Range 37 East, Brevard County, Florida being more particularly described as follows: Commencing at the southeast corner of said Section 15 go thence N. 89 ' 27' 20" W along the south line of said Section 15 a distance of 799.53 feet; thence N. 0° 32' 40" E and at right angles to the south line of said Section 15 a distance of 965.96 feet to a point on the Westerly right—of of State Road AIA 100' R/W as now laid out) said point being the POINT OF BEGINNING of this parcel;thence S. 52° 38' 50"W a distance of 212.33 feet; thence N. 37' 21' 10"W a distance of 135.73 feet; thence N. 52° 38'50" E a distance of 212.33 feet to a point on the said Westerly right-of-way of State Road AIA a distance of 135.73 feet to the POINT OF BEGINNING. Containing therein 28,819.55 square feet of 0.6616 acres more or less. Page 1 of 1 �/i 4 i"- a muck * 7�T % 1 ki / % 763 .% 824 ~ — -1', cl 822 a c. 768 767 778 752 815 76'.1 } � SFS 7 , d 761 769I 'cd 759 A 783 9 10 11 I 1211° i 753 830 790 NIK-1374-MAQTAMAQQQ,Q- „LOOS http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1&id=200306021... 06/02/2003 Page 1 of 1 1 763 824 �lr QC: 822 K4 ci 785 757 768 767 778 752 815 7 .1 761 789 759 753. 2 A 783 9 14 11 .12 753 Bao 790 http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevard 1&id=200306021... 06/02/2003 4� M.1 t MEMORANDUM DATE: JUNE 6, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDREA BOWERS CITY TREASURER SUBECT: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE SECOND QUARTER OF FISCAL YEAR 2002/03, QUARTER ENDED 3/31/03 REVENUES For the most part the revenues are well within projected balances. With Grant and internal transfer dollars removed they stand at 63% collected. This collection percentage is scewed slightly higher than actual due to the timing of Garbage & Recycling payments received from the City of Cocoa and the near completion of the collection of ad valorem taxes. • Cash Forward has been increased $87,250 to fund the following Capital Projects approved by Council: $32,000 Construction of Sidewalks and drainage improvements connecting the A 1 A West Pedway Bridge to the surrounding community 37,000 Installation of Ridgewood Avenue Stormwater Detention Basin 18,250 Balance required to complete the AIA West Pedway Bridge • The COPS Fast Grant did not materialize and has been removed as a source of funding. • County Impact fees have been booked at 512,000 to reflect the County's contribution to the installation of the AIA Sidewalk. • The market for recycled materials has picked up with the result being a corresponding increase in Recycled Product Revenue • Revenues related to Fines and Forfeitures have fallen off quite dramatically over the past few months. According to the Sheriff's Office an estimate of approximately 20% of this decline is due to the completion of construction for the overpass. I am pursuing the balance with the Clerk's Office. I will keep you informed of future findings. At this time this revenue source is being reduced for the estimated 20%. • Violations of Local Ordinances is increased to record the fees collected. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. Although a number of payroll accounts have been adjusted to actual, it is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. With the elections over for the current year, the remaining balance is reallocated to the other accounts within the Legislative Department. An additional $4,385 is requested to cover the expenditures for the remainder of the year. The Administration Department is requesting an additional $5,500 to cover the increased costs of publishing, postage and the purchase of replacement office furniture in the Clerk's & City Manager's outer offices. Planning and Zoning budget is increased $5,777 to fund the increased activities including the rewriting of numerous ordinances. The COP's have been active and funding for the new Summer Teen Program and the purchase of electronic Bracelets is requested. A new account for Equipment Maintenance and associated funding is requested to repair the electric vehicle. Funding for the space needs assessment for the Fire Department is appropriated A decrease of$3,610 is recorded for the Building Department. This is due in part to the decreased payroll caused by open positions and decrease in projected overtime. Workers Comp insurance is increased due to the FY2001/02 audit and increased rates. Contract Services is increased to cover outside plans examinations. The Streets Department's budget is increased by$65,778 for the following Capital Projects: $32,000 Installation of sidewalks and drainage improvements connecting the A 1 A West Pedway Bridge to the surrounding community. 3,510 Handicap Ramps at Orange &Jackson Avenues and Orange & Monroe 18,250 Balance required to complete the Design/Build of the AIA West Pedway Bridge 12,018 additional permitting required by FDOT for the sidewalk Improvements along AIA The Personal Services budget for Code Enforcement is also reduced due to open positions. This is being used to cover the increases in Worker's Camp insurance, Contract services and Operating Supplies with the balance going back to contingency. Christmas Bonus' and Grant Writing are reduced, Stormwater Capital is increased $37,000 to fund the Ridgewood Stormwater Basin. Contingency is decreased to fund the balance of operating increases. The Capital Expansion Fund is experiencing a lag in revenue receipts due to a change in policy. Impact Fees for those units COW the first part of the year were paid in the previous year when the permit was issued. New permits are deferring payment of the impact fees until the time of the CO, which could be next year. As the budget stands at this time, minimal revenues have been received. However, no adjustment will be made with this transfer. With transfers removed, and adjustments made for the timing of payments, the revenues collected for the Sewer Fund stand at 53%. At this time reductions will be made in the projected receipts of Utility Operating Income and Sewer Assessment Fees. Reuse Hook-up Fees are increased to make a truer representation of the hook-up requests being received. Decreases in expenditures are being made in a number of accounts. Christmas Bonus funding is represented in the payroll accounts, Worker's Comp. is reduced due to the prior year audit. It was determined that the budgeted CL2 System, meant to replace the current Chlorine system, would be deferred to the following year due to capital constraints. Collection System Improvements have been made with a balance of $50,000 available for other uses. Building & Grounds Maintenance and Reuse Installation have been increased to cover the current activity. This completes the requested Budget Amendments for the second quarter of the fiscal year 2002/03. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 3131103 12/31/02 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE GENERAL FUND REVENUE 001-300.1000 CASH FORWARD 382,388 87,250 469,638 001-331.2000 COPS FAST GRANT 43,186 (43,186) - 001-338.7000 COUNTY SHARED IMPACT FEES - 12,000 12,000 001-343.4510 RECYCLED PRODUCT REVENUE 5,000 15,000 20,000 001-351.1000 FINES& FORTFEITURES 130,000 (26,000) 104,000 001-354.1000 VIOLATIONS OF LOCAL ORDINANCES 1,000 4,000 5,000 AMENDED GENERAL FUND REVENUE 49,064 LEGISLATION 001-1-511.4910 PUBLISHING (LEGAL ADS) 1,500 3,500 5,000 001-1-511.4920 ELECTIONS 4,000 (3,000) 1,000 001-1-511.4930 AWARDS AND RECOGNITIONS 4,500 2,500 7,000 001-1-511.5200 OPERATING SUPPLIES 2,615 1,385 4,000 AMENDED LEGISLATION EXPENDITURES 4,385 ADMINISTRATIVE DEPT. 001-2-513.4200 POSTAGE 3,000 1,500 4,500 001-2-513.4700 PRINTING 3,000 1,000 4,000 001-2-513.5200 OPERATING SUPPLIES 8,165 3,000 11,165 AMENDED ADMIN. DEPT. EXPENDITURES 5,500 PLANNING &ZONING 001-3-515.1200 SALARIES &WAGES 20,535 2,600 23,135 001-3-515.2100 FICA TAXES 1,663 200 1,863 001-3-515.2200 RETIREMENT CONTRIBUTIONS 1,317 (63) 1,254 001-3-515.2300 LIFE & HEALTH 2,298 305 2,603 001-3-515.2400 WORKERS COMPENSATION 1,537 1,400 2,937 001-3-515.3400 CONTRACT SERVICES - 1,335 1,335 AMENDED P&Z EXPENDITURES 5,777 PUBLIC SAFETY 001-4-521.3410 CITIZEN'S OBSERVER PROGRAM 1,000 6,500 7,500 001-4-521.4620 EQUIPMENT MAINTENANCE - 3,600 3,600 AMENDED PUBLIC SAFETY EXPENDITURES 10,100 FIRE SAFETY 001-5-522.6400 CAPITAL - 2,500 2,500 AMENDED FIRE SAFETY EXPENDITURES 2,500 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 3131/03 12/31/02 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE BUILDING DEPT. 001-6-524.1200 REGULAR SALARIES&WAGES 152,725 (1,800) 150,925 001-6-524.1400 OVERTIME 16,196 (10,000) 6,196 001-6-524.2100 FICA TAXES 12,922 (950) 11,972 001-6-524.2200 RETIREMENT CONTRIBUTION 9,577 (1,700) 7,877 001-6-524.2300 LIFE& HEALTH INSURANCE 19,631 840 20,471 001-6-524.2400 WORKER'S COMP INSURANCE 10,912 3,700 14,612 001-6-524.3400 CONTRACT SERVICES 10,610 5,000 15,610 001-6-524.4500 GENERAL INSURANCE 2,600 1,300 3,900 AMENDED BUILDING DEPT. EXPENDITURES (3,610) STREET DEPT. 001-7-541.6300 IMPROVEMENTS OTHER THAN BUILDINGS 43,500 65,778 109,278 AMENDED STREET DEPT. EXPENDITURES 65,778 CODE ENFORCEMENT 001-9-529.1200 REGULAR SALARIES&WAGES 48,184 (11,780) 36,404 001-9-529.2200 RETIREMENT CONTRIBUTION 1,356 (500) 856 001-9-529.2300 LIFE& HEALTH INSURANCE 6,730 (2,700) 4,030 001-9-529.2400 WORKER'S COMP INSURANCE 4,073 1,800 5,873 001-9-529.3400 CONTRACT SERVICES 7,500 2,300 9,800 001-9-529.5200 OPERATING SUPPLIES 800 1,200 2,000 AMENDED CODE ENFORCEMENT EXPENDITURES (9,680) NON-DEPARTMENTAL 001-17-901.1600 CHRISTMAS BONUS 4,000 (4,000) - 001-17-901.3112 GRANT WRITING SERVICES 10,000 (5,000) 5,000 001-17-901.6310 STORMWATER CAPITAL 18,300 37,000 55,300 001-17-901.9900 CONTINGENCY 121,854 (59,686) 62,168 AMENDED NON-DEPT EXPENDITURES (31,686) AMENDED GENERAL FUND REVENUE 49,064 AMENDED GENERAL FUND EXPENDITURES 49,064 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 3131103 12/31/02 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE REVENUE 401-300.1000 CASH FORWARD 366,388 46,300 412,688 401-343.5300 UTILITY OPERATING INCOME 2,058,000 (32,000) 2,026,000 401-343.5300 SEWER ASSESSMENT FEES 300,000 (150,000) 150,000 401-343.5301 REUSE HOOK-UP FEES 3,000 12,000 15,000 AMENDED SEWER FUND REVENUE (123,700) EXPENDITURES 401-10-535.1600 CHRISTMAS BONUS SPECIAL PAY 3,582 (3,582) - 401-10-535.2400 WORKER'S COMPENSATION 27,036 (7,000) 20,036 401-10-535.4610 BUILDING & GROUNDS MAINTENANCE 9,000 10,000 19,000 401-10-535.6400 CAPITAL EQUIPMENT 127,330 (98,700) 28,630 401-19-901.6310 COLLECTION SYSTEM IMPROVEMENTS 200,000 (50,000) 150,000 401-19-901.6313 REUSE INSTALLATION 200,000 35,000 235,000 401-19-901.9900 CONTINGENCY 22,839 (9,418) 13,421 AMENDED SEWER FUND EXPENDITURES (123,700) Meeting TYpe:Regular Meeting Date: 06-17-03 r AGENDA :ti 3 Heading Consideration My OF CAPE CANAVERAL Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVAL OF 319 STORM WATER GRANT APPLICATION DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the approval of the 319 Storm Water grant application for bate boxes to be constructed for the Holman Rd.,Center St., and W. Central Blvd. Out fall areas. Summary Explanation& Background: I was not able to obtain from the grant writer at the posting of this agenda the cost of each baffle box and the information needed to draft a resolution in support of the grant application. I will forward to you the resolution and supporting documents as soon as it is available. You will have the option to select one, two or all three projects. The grant will require a 40%match. Attached is the 319 grant announcement about the program Exhibits Attached:319 grant information. City Man Office Department PUBLIC WORKS cs�e-n tsa 003V06-17-Q3�i19grant.doc Department of r Environmental Protection Jeb Bush Twin Towers Office Building David B. Struhs Governor 2600 Blair Stone Road Secretary Tallahassee, Florida 32399-2400 TO: NPS Management Program Partners FROM: Karl Kurka, Administrator Nonpoint Source Management Section DATE: April 8, 2003 SUBJECT: FY2004 Section 319 Nonpoint Source Management Program Grant Guidance and Proposals This package contains the guidance that will apply to projects proposed for funding from the FY2004 Section 319 grant for the abatement of nonpoint source pollution. Please follow this year's guidance closely so that your proposal can receive full consideration for funding. The following types of entities may apply for Section 319 grant funding: state and local governments and agencies, colleges, universities, non-profit organizations, public utilities and state water management agencies. Partnering with other entities is strongly encouraged. Please submit FY2004 Section 319 project proposals no later than July 7, 2003, to: Ms. Holly Powless, FDEP, NPS Management Section, 2600 Blair Stone Road, MS 3570, Tallahassee, Florida, 32399-2400. Please prepare the proposals using Microsoft Word and follow the format in Attachment 2. An abstract of the project following the format in Attachment 2 must be submitted. Failure to follow this format or to submit an abstract will result in your proposal being disqualified. Examples of good project proposals for two types of projects are included as Attachment 4. Be sure to include sufficient information in the proposal so that we fully understand the project's objectives, tasks, milestones, outputs, funding sources, and budget. Pollutant load reductions for proposed projects must now be estimated using one of the models listed in Attachment 2, if applicable. Please pay particular attention to the format in the budget section, as we have found that many proposals do not do a good job of breaking the budget down into the appropriate categories and of detailing the matching funds. Please submit three paper copies of the abstract and proposal along with an electronic file version (i.e., Diskette, CD, or Zip Disk) containing the abstract and proposal. NPS Management Program Partners April 8, 2003 Page Two As always, please remember the following key components of the Section 319 grant guidance: 1. Section 319 funds can be used only on projects that are consistent with the activities set forth in the Action Plans contained in the "Florida Nonpoint Source Management Program Update" (1999). This plan is available for downloading or viewing on our web site: httpJlwww.dep.state.f1.uslwater/stormwaterldocs1319h/nps2000.pdf 2. Section 319 funds can be used only on projects that are in watersheds of the State's NPS priority waterbodies identified in the "Florida Nonpoint Source Management Program Update" (1999). These are the SWIM, National Estuary Program, TMDL priority, and Unified Watershed Assessment (UWA) waterbodies, and all ground waters. A listing of these waterbodies can be found on our section's web page. 3. Section 319 funds can be used only for implementation activities, not for planning or development activities. They cannot be used for general monitoring, conducting waterbody assessments or preparing watershed plans. 4. Section 319 grant funds cannot be used for research. Therefore, do not use words such as "study," "research," "experiment," etc. in the project proposal. However, these funds can be used to evaluate or assess the effectiveness of BMPs or nonpoint source management programs. 5. Projects must include a minimum 40% non-federal match. While funding and other in-kind services for a project can come from other federal agencies (i.e., NRCS), these cannot count as match for Section 319 grant funds. Also, project expenditures prior to October 2003 cannot be counted toward match. To correctly calculate the minimum 40% match, use the following equations, but do not include other federal funding in these equations: (1) Federal 319 Grant Dollars/0.6 = Minimum Total Project Cost (2) Total Project Cost - Federal 319 Grant Dollars = Match Cost 6. Projects will be evaluated, prioritized, and selected for funding using the criteria specified in Attachment 1. 2 NPS Management Program Partners April 8, 2003 Page Three 7. The following schedule will be used for FY2004 Section 319 grants. (A) All proposals are due by July 7, 2003. (B) The FDEP will evaluate the proposals and submit a draft work plan with proposals recommended for funding to EPA by September 30. Applicants will be notified of the status of their proposal during October. (C) EPA hopes to actually award FY2004 Section 319 grants by June, 2004. Therefore, plan on a project starting date of around November of 2004, which will provide time to obtain budget authority and get contracts executed before any grant funded work begins. Any work done on the project after October 1, 2003, but before a contract is executed can be counted as matching funds. 8. We anticipate that we will receive about $9 million in Section 319 grant funds, half of which must be spent on projects undertaken in the UWA or TMDL priority watersheds. To see the types of projects in Florida that have been funded by Section 319 grants, visit our web site: http://www.dep.state.fl.us/water/stormwater/grants.htm. Under the Section 319 area, you will find a summary of past grant projects, including the project titles, lead agencies, and funding levels. For those projects, which have been completed, you can click on the contract number and see the Project Close Out form, which is a brief summary of the project. You can also download the Project Proposal Format (Attachment 2) from the above web site address. If you have any questions or need further information, please call me at 850/245-8682. KK/hp Attachments 3 E, ,b� Meeting Type:Regular Meeting Date: 06-17-03 r k, AGENDA He8dlsg Consideration CAPE CANAVERAL Item REVISED 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-25, AUTHORIZING THE CITY MANAGER TO APPLY FOR A 319 STORM WATER GRANT DEPTJDTVISION: PUBLIC WORKS Requested Action: City Council consider adoption of Resolution No. 2003-25 authorizing the city manager to apply for a 319 Storm Water Grant for baffle boxes to be constructed for the Holman Rd.,Cerner St.,and W. Central Blvd. Out fall areas. Summary Expiauption& Background: Attached is an outline of the projects and estimated costs. The total estimated cost of the three baffle boxes is $439,003.00; the grant would fund $263,402.00 and the City's 40% share is$175,601.00. The stormwater utility would have to borrow funds from either general fund or sewer fund reserves at City Council's direction. Please advise. Exhibits Attached: Resolution No. 2003-25 City Man s Office Department PUBLIC WORKS ca docunwn 12003W6-17-0312003-25.dae RESOLUTION NO. 2003-25 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY FOR THE 319 (h) NON POINT SOURCE POLLUTION PROGRAM; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral has an adopted Stormwater Master Plan and Stormwater Utility; and WHEREAS, the City Council has determined that the installation of Stormwater Baffle Boxes is a best management practice as outlined within the Stormwater Master Plan; and WHEREAS, the City Council desires to apply for a 319(h) Nonpoint Source Pollution Program Grant to construct Stormwater Baffle Boxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Cape Canaveral, Brevard County, Florida, that: SECTION 1. The City Manager is hereby authorized to apply for a grant from U.S. Environmental Protection Agency for the 319(h) Nonpoint Source Pollution Program for the construction and installation of Stormwater Baffle Boxes at the Holman Road, Center Street and W. Central Blvd. Stormwater outfall areas. SECTION 2. This Resolution shall take effect immediately upon adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of, 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 CAProgram ReslMy Documentslbennett'stuff1319h Nonpoint Source Pollution.doc 319 Project Background for Banana River Baffle Boxes Three of the major drainage basins identified in the City's Stormwater Masterplan are the Central, Holman, and Center Drainage basins. These basins consists of 403 acres of commercial and residential property, which discharges to the Banana River via three 54" concrete pipes. At the outfall of these 54" pipes, considerable sand bars have built up due to sedimentation. The basins are almost completely built out, with little or no vacant land for stormwater ponds. The strategy proposed in the Masterplan for retrofitting these basins is to construct Nutrient Separating baffle boxes along Central Avenue, Holman Avenue, and Center Street near the outfalls of the 54" pipes. Using baffle boxes at outfalls has proven to be an effective BMP for treating suspended sediments and nutrients in gross pollutants. Implementing the proposed BMPs will be part of the City's long term goal of providing stormwater treatment for the whole City. The proposed baffle boxes in this project will provide significant treatment of Total Suspended Solids (TSS), heavy metals, and nutrients for three of the City's six drainage basins. Task 4: Construction of Stormwater Facilities Description: The City's selected contractor will construct the baffle boxes. Expected Results: Complete and adequately constructed facilities. Estimated Cost: Construction of the proposed stormwater improvements is estimated to cost $323,202. Individually, each baffle box cost approximately$70,000. Estimated Schedule: Start March 2005, finish May 2005 Deliverables: The acceptance of the facilities as completed facilities according to design. Banana River Baffle Boxes Project Budget Summary PROJECT BUDGET: $439,003 GRANT FUNDING REQUESTED: $263,402 from 319(h) BUDGET BY TASK: TASK 319 (h) FUNDS NON FEDERAL MATCH Task 1: Survey Project Site 0 $18,000 (CC) Task 2: Engineering Design 0 $59,800 (CC) Task 3: Prepare, Send, Receive, Evaluate 0 $3,000 (CC) and Award Construction Bid Task 4: Construction of Stormwater $263,402 $59,801 Facilities Task 5: Post Award Grant Administration 0 $10,000 (CC) Task 6: Water Quality Monitoring Program 0 $20,000 (CC) Task 7: Education Component 0 $5,000 TOTAL $263,402 $175,601 % Match = 60% % Match =40% TOTAL PROJECTED COST: $439,003 CC = Cape Canaveral stormwater utility Jun 11 03 01 : 14P Berryman t Hen i gar 321 7e4 0833 P. 2 City of Cape Canaveral Banana River Saffle Boxes 379 Grant Preliminary Cost Estimate �a2oo3 IT M QUANTITY UNlT UNIT C ST EXTENDED CUST Mobilization 3 LS $2,000 $6 000 Dewatering 3 LS $4 000 $12,000 Baffle Box 3 Ea $70,000 $210,000 Sod 300 Sy $2.25 $675 Erosion Control 3 LS $500 $1,500 Cut& Patch Pavement 120 Sy $30 -$3&2Q Replace Curb and Gutter 20 LF $18 $360 utilily Mustment 3 EA $10,000 $30,000 T e A Inlet 2 EA $2,000 000 18" RCP 40 LF $30 $1,20 SUBTOTAL: $269,335 20% Contin 53 867 Total Construction $323,202 Engineering and Surve its $80,801 Total $404,003 Jun 11 03 01: 15p 8err%jMan L HeniCar 321 784 Oe33 P.3 ATTACHMENT A BANANA RIVER BAFFLE BOXES LEAD ORGANIZATION: City of Cape Canaveral Public Works Department CONTACT PERSON: Bennet Boucher, City Manager Cape Canaveral 105 Polk Ave. Cape Canaveral, Ft. 32920 321-868-1230 3214668-1224 FAX boucher-cape@cfl.rr.com COOPERATING ORGANIZATIONS: 1. Cape Canaveral Public Works Department PROJECT LOCATION: NPS Priority Watershed, Indian River Lagoon Hydrologic Unit Code: 03080203 The longitude of the project sites are near 80.605' West and the latitude is 26.406° North. The site is located within the Sections 15 and 22, Township 24 South, Range 37 East in Brevard County, vMthin the city limits of Cape Canaveral. Implementing the proposed BMPs will be part of the City's long term goal of providing stormwater treatment for the whole City. The proposed baffle boxes in this project will provide significant treatment of Total Suspended Solids (TSS), heavy metals, and nutrients for three of the City's six drainage basins. PROJECT DESCRIPTION: Background: The City of Cape Canaveral lies on the barrier island of Brevard County. Stottler Stagg and Associates completed a Stormwater Master plan for Cape Canaveral in 2000. Three of the major drainage basins identified in the Masterplan were the Central, Holman, and Center Drainage basins. These basins consists of 403 acres of commercial and residential property, which discharges to the Banana River via, three 54" concrete pipes. At the outfall of these 54" pipes, considerable sand bars have built up due to sedimentation. The basins are almost completely built out, with little or no vacant land for stormwater ponds. The strategy proposed in the Masterplan for retrofitting these basins is to construct Nutrient Separating baffle boxes along Centrad Avenue, Holman Avenue, and Center Street near the outfalls of the 54" pipes_ According to the CCMP for the Indian River Lagoon, the pollutants of concern for this City of Cape Canaveral Banana River Baffle Boxes DEP 318(h) Jun 11 03 01 : 15P Berryman & Henigar 321 784 0033 p. 4 area are suspended solids and nutrients. Using baffle bones at outfalls has proven to be an effective BMP for treating suspended sediments and nutrients in gross pollutants. ESTIMATED POLLUTANT LOAD REDUCTION The stormwater strategy for this project will be the reduction of suspended solids from runoff using baffle voxes to trap sediment. Currently there are no stormwater treatment practices employed in these drainage basins. Nutrient Separating Baffle Boxes at each of the three outfall pipes will prevent sediment and floating trash from entering the Banana River, providing a reduction in TSS and nutrients. Stormwater loading rates are calculated from the report "Stomvwater Loading Rate Parameters for Central and South Florida", Harvey Harper, 1994 (Appendix _). From Brevard County studies, Dr. Pandit, 19%, it is estimated that a baffle box will remove 80% of TSS and 30% Total Phosphorus. Banana River Baffle Boxes The drainage basin for this site is 403 acres of single family residential, commercial, and industrial area. The following annual pollutant loads are projected at this site: Esdmated Annual Loadings Residential Area Commercial Area TSS Total P TSS Total P Loading Loading Loading Loading Area Rate Rate Area Rate Rate (ac) (kg/ac- (kg/ac- (ac) (kg/ac- (kg/ac- yr) r yr} r) 170.8 56.1 .594 185.2 435 1.96 Industrial Area Totals TSS Total P Total Total Loading Loading Annual Annual Area Rate Rate TSS TP (ac) (kgfac- (kgfac- Load Load r r) k k 42.9 383--] 1.24 '108,314 525 The proposed improvement for these 3 outfalls is 3 Nutrient Separating Baffle Boxes treating 403 awes. City of Cape CanaEveto Banana River Baffle$Dues DEP 319(h) Jun 11 03 01: 15p Berryman & Henigar 321 784 0833 p• 5 Estimated Removal Efficiency for Baffle Boxes Parameter Removal Annual Load Efficient Reduction (k r TSS 80% 86,651 Total P 30% 158 Detailed Scope of Work Flan, Associated Tasks, Milestones, Dellverabites & Budget Task 1: Survey Project Site Description: The City's engineering consultant will prepare a complete survey of the baffle box locations. E?g ect2t Results: A complete, efficient and cost effective survey. E§Jimated Cost: The survey is estimated to cost$18,400. Estimated Schedule: Start December 2003, finish January 2004 DeliWbles: A complete survey of the project locations. Task 2: Engineering Design Dgscrption: The Gity's engineering consultant will prepare design specifications and construction documents for installation of three baffle boxes along Central Avenue, Holman Avenue, and Center Street . (Post construction surface water monitoring will be conducted over a 1+ year time frame, see Task 7 below.) The baffle boxes will be installed in existing street right-of-ways. Expected_FLesults: A complete, efficient, and cost effective design with permits. EstirMaLe,4Cost: The design is estimated to cost $62,000. (see costs listed in Task 7 for surface water monitoring.) Estirfi@12d Sch2dule: Start February 2004, finish.lune 2004 Deliverables: A complete set of design and construction drawings with construction specifications. Task 3 : Prepare, Send, Receive, Evaluate and Award Construction Bid Descr{Lon City personnel will prepare, advertise for, send, receive, and evaluate bids for construction of the Nutrient Separating baffle boxes. An award will be made, contracts signed and notice to proceed given. City of Cape Canaveral Banana!liver Bathe Boxes DEP 319(h) Jun 11 03 01: 15P Hanuman L Henigar 321 784 0833 P. 6 Expected Results: A number of received competitive bids will be evaluated and a responsible tow bid that is within budget will be selected. Estimated Cost: Administration of the bid process for the stormwater improvements is estimated to cost $3,000. F-stimated Schedule. Start December 2044, finish February 2005 Deliverables: A construction contract with a Notice to Proceed given to the responsible low bidder. Task 4: Construction of Stortnwater Facilities Da tion_ The City's selected contractor will construct the baffle boxes. Exsected Results: Complete and adequately constructed facilities. Estimated Cost: Construction of the proposed stormwater improvements is estimated to cost$323,202. . Estimated Soule: Start March 2005, finish May 2005 Deliver&l_es: The acceptance of the facilities as completed facilities according to design. Task 5: Post Grant Project Administration Description. After the grant has been awarded, the City's grant administrator shall provide ongoing monitoring of project schedules to assure compliance with timelines outlined in the grant contract. Required grant quarterly reports to DEP, construction contract coordination with DEP, Quality Assurance Monitoring plans, stormwater monitoring reports, and preliminary and final project reports will be written by the grant administrator. Expected Results: Continual monitoring of the grant status will provide a smooth flow of the required work for the various phases of this project as well as compliance with grant contract schedules. Compliance with grant schedules will enhance future opportunities for grant acquisition as well as maintaining positive relationships with affected citizens. Estimated Costs: Grant administration services shall be provided by the City. The estimated cost for grant administration services is$10,000. Estimated Schedule: Start December 2003, finish Deoember 2005 DeliygI3bl:rs: Quarterly reports to DEP, stormwater monitoring reports, and preliminary and final project reports will be written by CEI. Task 7: Implementation of Water Quality Monitoring Program City of Cape Canaveral 88naaa lover Bane Boxes DEP 319(h) Jun 11 03 01: 15p Berryman k Henicar 321 784 0833 p. 7 Description: At the outfall location, background monitoring will be conducted to determine mean event concentrations for standard pollutant parameters. After construction is completed, 3 samples will be taken with autosamplefs at the inflow and outflow points of one of the baffle boxes. Expected Results: This monitoring plan will provide data for measuring the effectiveness of the use of a baffle box. Estimated Cost. The monitoring effort has been estimated to cost $20,000. stimacted chedule, Start May 2005, finish December 2005 Deliverables: Bi-monthly stormwater reports, storm event autosampler reports, and twice-a-year stormwater analysis reports will be completes!. Task 8: hmplementation of Education Component Description: The public education component will include coverage of the project in the City of Cape Canaveral quarterly newsletter, "???????", issued to residents and news items in local sections of three local newspapers. Press releases will be distributed upon project completion and educational signage will be provided on site. E ct d Results, The public education component will include coverage of the project in the City of Cape Canaveral quarterly newsletter issued to residents and news items in local sections of a local newspaper. Press releases will be distributed upon project completion and educational signage will be provided on site. This component wilt be administered by the City. Estimated Cost: Educating the public is estimated to cost $5,000. Esti atetl Schedule: Start December 2003, finish June 2005. DeliveMUes: Quarterly information regarding the status of the project conveyed to the public. Slides will be taken throughout the design and construction phases of the project and will be provided with the final report. Educational signage will to provided on site. PROJECT MILESTONES: (including start, completion and reporting dates): askfAcflvity Feb om lete Task 1: Stave Project Site mber 2003 anus 2004 Task 2: Engineering Design u 2004 une 2004 ask 3: Prepare, Send, Receive, Evaluate and mber 2004 ebruary 2005 Award Construction Bid Task 4: Construction of Stormwater Facilities arch 2005 2005 ask 5: Post Grant Pm ect Administration ovember 2003r"ay ecember 2005 Task 6: Implementation of Water Quality y2005 ecember 2005 City of Cape Canaveral Banana River Baffle Boxes DEP 319(h) Jun 11 03 01: 16p Berriman & Heniger 321 784 0933 P.6 ras niton Pr ramk T f lementation of Education Componenttuber 20 3 une 2005 SURFACE WATER MONITORING AT THE BANANA RIVER BAFFLE BOXES Introduction: The City has proposed a balanced and comprehensive approach to stormwater management in order to minimize pollutant discharges into the Cape Canaveral project area. The final Water Quality Monitoring Plan will be developed in coordination with the Florida Department of Environmental Protection (FDEP). The final Plan will be submitted within three months of the grant award and will be designed to improve water duality and comply with maintenance and monitoring requirements. Baseline Baseline data on current water quality will be derived from grab samples, modeling and monitoring efforts of the SJRWMD and FDEP within the Cape Canaveral project area. The City will use the best available data for establishing baseline water quality standards for the various Best Management Practices (BMPs). Data collected during preconslruction monitoring activities will be used, as well as that available from technical literature and reports. The effectiveness of this project in reducing stormwater loadings will be quantified via water quality monitoring. This monitoring shall include background monitoring of surface waters during non-rain fall conditions. This background monitoring will enable the general physicochemical (salinity, temperature, pH, dissolved oxygen) of the receiving water to be characterized under baseline conditions_ After significant rainfall events, the City will take upstream and downstream water samples either by automated insitu instrumentation or by manual sampling. The samples will be analyzed for appropriate constituents based upon baseline data and permit requirements. It is anticipated that no less than three (3) storm events shall be monitored. Flow shall be monitored to enable pollutant loadings to be calculated. A full list of analytes is presented below. All laboratory analyses will be performed in accordance with USEPA and FDEP approved protocols. The selected firm will maintain a FDEP approved Comprehensive Quality Assurance Plan and Florida Department of Health certification. Lead Agency. Selected firm through the bidding process Frequency of Testing locations for Base Flow: Surface water, twice Frequency of Testing for Storm Events: Surface Water and Discharge, via hand- sampling or automated equipment, three Number of Testing locations: Discharge, three; Storm-event samplers, two per location Testing Parameters: Surface water City of Cape Canaveral Banana River Baffle Bares DEP 319(h) Jun 11 03 01 : 16P eerrvman 6 Henigar 321 784 0833 P• 9 Temperature, bottom of water column (bottom) pH. bottom Salinity, bottom Dissolved Oxygen, bottom Temperature, surface of water column (surface) pH, surface Dissolved Oxygen, surface Discharge Velocity Flow Surface Water Elevation Total Kjeldahl Nitrogen(TKN) Nitrate and Nitrate-N Ammonia-N Total Phosphorus Color Biological Oxygen Demand (BOD) Total Suspended Solids (TSS) Alkalinity Fecal Coliforms Suspended Sediment Concentration (SSC) R on : A component of this project involves developing a detailed and systematic record- keeping system to monitor maintenance activities on each BMP element. Logs will be kept detailing equipment and procedures used in maintainingicleaning and operating the respective BMPs/controls_ A systematic evaluation will be incorporated into the Water Quality Monitoring Plan to gauge the overall effect of the full set of BMP improvements on both the quality of water discharged through the outfall, and the water quality of the Cape Canaveral project area. Water samples from the outfall will be periodically collected, tested and analyzed to develop Vend curves_ It is estimated that semiannual review reports will be produced. Coordination: Copies of semiannual reports will be provided to SJRWMD, FDEP, and Cape Canaveral Public Works Department_ Duration: 12 months Conclusion: This Draft Performance and Water Quality Monitoring Plan is conceptual in nature and will be considerably refined based on input received from the SJRWMD, FDEP and other concerned agencies or parties. EDUCATION FOR BANANA RIVER BAFFLE BOXES City of Caps Canaveral Banana River Battle Boxes IEP 319(h) Jun 11 03 01: 16P Berryman lk iionigar 321 784 0833 P• 10 The City of Cape Canaveral publishes a quarterly newsletter"???? that is sent to the city residents informing them of the activities that are ongoing by city staff and describing the various capital projects around the municipality. This newsletter will incorporate updates of the status of this 319(h) grant project, as one of the projects that is being accomplished with stormwater utility fee receipts. There are also two newspapers in circulation, the Florida Today and ????_ The ??? is the local newspaper. The Florida Today has daily local sections during the week. The reporters for these papers are always looking for good stories to report. This project is assured of providing plenty of opportunities for reporting over the year- tong project_ Press releases will also be issued to the local media upon completion of the project's construction. Finally, photos will be taken throughout the design and construction phases of the project. They will be provided with the final report. Also, educational signage with information about contributing agencies will be installed in the Cape Canaveral area explaining the stonT water improvements and its water quality benefits to the Banana River. Banana River Baffle Boxes Project Budget Summary PROJECT BUDGET: $439,003 GRANT FUNDING REQUESTED: $263,402 from 319(h) BUDGET BY ACTIVITY: PROJECT FUNDING ACTIVITY 319$AMOUNT MATCHING FUNDS (Activity) By Source(Entity) staff 0 0 Travel 0 0 Equipment 0 Supplies 0 Contractual (BMP Implementation! $263,402 $140,601 (CC SU) tDesigrVConstruction) Monitoring 0 $20,000(CC SU) Public Education 0 $5,000 (CC SU) Other(draft and final reports) Post- 0 $10,000(CC SU) Award Grant Administration LQTAL RL3.402 117E,601 TOTAL PROJECTED COST: $439,003 % Match = 4I}% CC SU: Cape Canaveral Stormwater Utility city of cape Canaveral Banana River Bafft Boxes DEP 319(h) Jun 11 03 01: 17p Sorr-swan & Henigar 321 784 0833 0. 11 BUDGET BY TASK: TASK 319(h) FUNDS NON FEDERAL MATCH Task 1: Survey Project Site 0 $18,000(FP SU) Task 2: Engineering Design 0 $59,800(FP SU) Task 3: Prepare, Send, Receive, Evaluate 0 $3,000(FP SU) and Award Construction Bid Task 4: Construction of Stormwater $263,402 $59,801 Facilities Task 5: Post Award Grant Administration 0 $10,x00 (FP SU) Task 6: Water Quality Monitoring Program 0 $20,000 (FP SU) Task.7: Education Component 0 $5,000 TOTAL $263.402 $175,601 %Match = 60% % Match =40% TOTAL PROJECTED COST: $439,003 CC = Cape Canaveral funds Other Funding (Not Match -by Agency) This is for other funds that do not qualify as match (i.e., federal funds) but will be used on the project. Agency Activity Amount None None None If this is a multi-year project, have you requested sufficient funds to complete the project (assuming funds requested herein are provided)? XX yes no If no, explain: The Lead Organization, as listed on the first page of this form agrees to comply with all requirements spe ified in the guidance package. Checking no or excepted will cause the project to have a lower ranking that similar projects by lead organizations that agree to the requirements: no M yes, with no exception. City of Cape Canaveral Banana River same Boxes DEP 319(h) Meeting Type:Regular Meeting Date: 06-17-03 AGENDA Hoag Ordinance Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE 12-2003—ESTABLISHING UNIFORM BOARD REQUIREMENTS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval at first marling, Ordinance 12-2003 relating to the establishment of uniform board procedures for the operation of city boards and committees. Summary Explanation& Background: City Council tasked the City Attorney to draft this proposed ordinance and has provided an outline of the changes from the last version I recommend approval at first reading. Exhibits Attached: Ordinance 12-2003,City Attorney letter. City Maa 's Office Department LEGISLATIVE cx dncu Q 003106- - 003.doc 8708 Bay Court Cape Canaveral, FL 32920 22 May 2003 Cape Canaveral City Council Mayor Randels Mayor Pro Tem Petsos Re: Ordinance No. 12-2003 Councilman Hoog Establishing Uniform Board Councilman Morgan Requirements for City Boards Councilman Treverton City Manager Bennett Boucher Some thoughts about the subject ordinance under consideration by the Cape Canaveral City Council: I think it would not be helpful if the city enacted arbitrary requirements for board service, which I distinguish from technical or experience-based qualifications applicable to certain boards. There always seem to be board vacancies. If people volunteer to serve the city in a way that provides few enough rewards, it seems counterproductive to erect barriers. A litany of restrictions makes it appear that the city mistrusts or is suspicious of people who want to serve. There would be a presumption that residents who want to serve have questionable motives, where a presumption of highest intent should prevail. I would like Cape Canaveral residency to be the qualification for board membership. I don't believe it should matter if the candidate owns property, is a U.S. citizen, or a registered voter. Has the city ever faced a situation where a board member's poor performance was attributed to lack of property ownership? Has a volunteer board member not acted in the city's best interest as a result of not being registered to vote? Why erect peremptory roadblocks to the very activity we want to encourage? Let me take this opportunity to thank you for examining each issue that comes before you for thorough understanding before reaching a conclusion. The citizens of Cape Canaveral are well-served by your efforts. Respectfully, 17-� ' 7 Paula Collins BROWN, SALZMAN, WE,ISS & GARGAN ESE, P.A. Astemos at Law UOw L.Brown` Ofku in Orlando,Kissimmee, Debra S.RM&Nuhdw Sun"D'AWaste CoCUe do Vi@ia Joffr"P.Bryk Anthony A.Garvaneae" Jahn U.B*d&*am,Jr. Gary S.Srlsrrwn' Joraph E.spoh John H.Wvd' MdWft K.ereR Jetfm S.ww" Douaa Lambeth �^ JermM r A.Mk*" A6OAft A.Reddn 'Rood Cerlipad CM4 Trtrl Law►W Vk=flt E.karlsim 'goad CerbW BWnm Mp Han LMW °board C ftftd Uy,County d LOCA Gaaornmant Law Erin J.O-LWY Of coprreai June 10, 2D03 Via Fe"knlle Only Mr. Bennett Boucher, City Manager City of Cape Canaveral P. O. Box 326 Cape Canaveral, Florida 32920 Re: Ordinance No. 12.2003 - Uniform Board Regtdrements City of Cape Canaveral l General File No. 513.001 Dear Bennett - I am transmitting a revised draft of Ordinance No. 12-2003, establishing uniform board and committee requirements. I thought it would be helpful to outline the additional charVes that were made to the ordinance after the City Council last considered the ordinance. The amendments are as follows: 1. Revised Paragraphs(b) and(c)to require a board or committee member to be a resident and registered voter of the City. Further, should a vacancy exist can a board or committee and the City Council cannot find a person with specialized skills and training to serve on that particular board or committee, the City Council can waive, by unanimous vote,the resident and registered voter requirement and appoint a resident of the City that is not a registered voter or a person who owns a business or real property within the City. 2. Added Subparagraph (c)(5) and Paragraph (o) to require a person to participate in an interview with a board or committee and the City Council prior to being appointed. Further, the board or committee shall make a recommendation to the City Council whether the person should be appointed to their respective board or committee. 225 Erol Robiraon alreat.Stilly Edo-P.O.Box 2673.Oe wilt FWds 32802-7873 Orlehdo(407)4254688 Fax(4071 Q"M-Kubm"n(W)402-0144-Corm S VWa(WM 125.9666 Wrbsk:wirw.adan4elnwm0-EmW Wrm0*"*rKMm.n0l 0Z13 060d !Imdzp:Z Eo-ol-unf:9898 SZ4 Lop `•'V"d`9SI3M8NVVZ"IVS'(30M`NM0d9 :A8 zues Mr. Bennett Boucher, City Manager City of Cape Canaveral ,lune 10, 2003 Page 2 3. Revised Paragraph(d)to limit the number of board or committee members on a particular board that do not meet both the residency and registered voter requirements to twenty-five percent(25%)of the total number of board or committee members. 4. Revised Paragraph(f)to charms the term of board or committee members to three (3)years- 5. Revised Paragraph (g) to require the automatic removal of a board or committee member that fails to attend forty percent (40%) of the regularly scheduled meetings within a twelve-month period of a board or committee that is regularly scheduled to meet less than once per month. 6. Revised Paragraph 0)to state that the City Council has the right to"repeal" any rule or procedure adopted by a board or committee- 7. Revised Paragraph(1)to indicate the"City shall be the custodian of records and that hoard or committee retards shall be maintained in the some manner as other City records. Also, revised this pairaWaph to permit the City Manager to appoint a board or committee member to serve as secretary to said board or committee. In addition, I amended Section 7, Chapter 58 Code Amendment, to repeal Sections 58-28 and 58-29 of the City Code regarding the Planning and Zoning Board. At the last code workshop of the City Council, the City Council directed that these sections be repealed. Section 58-28 currently permits the Planning and Zoning Board to appoint ex- officio members. Section 58-29 prohibits the Planning and Zoning Board from having a conflict of interest. The City Council determined that h was not necessary for the Planning and Zoning Board to have ex-officio members- Further, it is not necessary to set forth a conflict of interest section within the City Code because conflict of interest prohibitions are clearly set forth in Florida law. Please place this ordinance on the June 17, 2003 City Council meeting agenda. V ru ours, Anthony A. Garganese City Attorney AAG:# Enclosure OZ!£ @68d !AdZV:Z £o-o4-unr `.9656 5Zo LOV b'd`S3I3HS�tNVrr4Zlg5tQtl�fM` A41i8 h8 ?u�5 ORDINANCE NO. 12-2003 AN ORDINANCKOF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL.,FLORIDA,AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO UNIFORM PROCEDURES REGARDING THE OPERATION OF CITY BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;PROVIDING FOR REQUIREMENTS OF MMSERS; PROVIDING FOR THE APPOUTIWNT AND REMOVAL. OF MEMBERS; PROVIDING ICOR A 'PERM; 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. WHEREAS, the City is granted the authority, under $ 2(h), Art. VIII of the State Constitution,to exercise any power for municipal purposes,except when expressly pre ibited bylaw; Am WHEREAS,the City Council desires to colmace the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city; and WHEREAS, in furtherance of this goal, the City Council desires to establish uniform and consistent procedures and requirements for the various city boards and committees,including but not limited to procedures and requirements for establishing uWar abolishing boards and committees,and appointing and removing members thereof, and for conducting board and committee business;and WHEREAS, the City Council of the City of Cape Canaveral, Florida, ha&y 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 Calle Canaver&4 8mverd County,Florida at follows: 3ectin 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference:. City of Cq*C SUVCW Ona wza No. 12.2003 Page t of 13 OZ/b aged -`YIdEv:Z eo•ot•unr !Qege Sep tov q'd`SSI3M'sNa1"lZtgS'C��IM`t�lulo�� crtg �uaS 5ectiop 2. Chapter 2 Code Amendment. The City of Cape Canaveral Chapter 2 is hereby amended as follows: Cu4AjdjW type indicates additions and so ikcoat type indicates deletions, white asterisks (* **)indicide a deletion from the Ordinance of text existing in Chapter 1 It is intended that the text in Chapter 2 demoted by the Mc irks and set forth in this Ordinance shall remain unchanged from the language existing prior to adaption of this Ordinance). Chapter 2-Adm#nistration * Artide IV.Boards,Conswittees,Commissions See.2-171. ,acedum Sadts' 0 EMMkwe a int• an t Qf i l+ n e VAc's resocet and confidcm in the muni"and eLddMated Lg,, A pgffbwad by,sb �QArA and commitIMto MMILe that Aggdos of b9ads Ed gonnitteast WOMB 011be city, The nttrnose_ of this lection is alW to estabM uniforMj&canaidwt RMgkig and rMjmgW fQr eAM3Wagor Akfishing WWs and OlUditees. intjgg and r , .rti members tlrsreof: afar candut tingbaard and WmrnitteehWness. JU e exthis nfl h vi ' n Of this it is ftkILMtofi f ion SW PMAH, tftj2rovisin of this section arc preempted Wgo or federal law, h intcrit of the city ncil that thgrojsi mj of state or at laver ftLI Qr v1j. Ae in Mmfingion W have ft 'ollowi,UB meanimgi M &WIWW Mote' M Mw a Rj= dm!y mgjalered jo xgtef CjWj CMWral dections at AU&WMs w r LqMMjUM "R i II mgm ju pasm livingft gill limits on a board 21 WMMjtjgL and at IMI tweM(12)ninths prior t2 being ej elgcted or appointed to they and or cotntnittce. (d RLvuimwnisoJA2"at&dMoilkenremben-AU no in pOMcd to serve oma boon!aL comttdft, €the dW shag nL4&the f-Q iiremea Qj Compktc a hoard or commi{�,ee anpli n as n� -Ah§city�mcil: I bKUmad&WKK at 2M dizagiQn offt qjLy wuncil-a City sof Cape:Camverel nrddtl ox No. 12-2003 NPzac tr oZIS ObBd `C1dE9:Z £o-ot-ung `-SG96 5Zv 10V '- 'd`SSI3M'2N�1"1Z1t/S'Ckim'Woula 'As Ives 1 ! ' !..1! • r _L z' E. .1 '.• '. 1 �11f 11. ►! } r r•. r 1 a•flr #fi { :'' _`Y r 1 ..f r •�. • .T,T. l_ t 9 fA.A. .•L !w Tri•y ' 'l. S'1l4. •. t •: . ' i • tl _ ,• t a{lr ate. r �•11 r : :!1,2v 11 P,I• T • ra . • v. x -ac-'e, rrl_. f4, j 6.4 •. ! • i,t !.'• _{!. 1.! I --!f v • r .;�.i► it 04..': 1i• .S. t -A y +. v .r •S '1 l"Sa _ `^_15 •al.+ • i..L_S`:s ...t �.1 �_�!l1' r� It « •�•+ t• ♦ y r}- _t • rte: �:} r •1_. r }} •. • • } 'a�..i.l! • .! i 1 u .- �. •1, yf • t t .+• !! art • .;r.r • ►-.1. � ►.•: � 1 •t!.!! �= r• ra .•1 -771 ra r rte• Tr • : I t =i t �`a' •tS ,►!111. �. !t_'.!l.T.' t; LAe t.1L- ! • • •:'1 .►. + -1.i! FI.. •. •...._S_E1l.i 51 • � 1 ! ar t �•;�...�f1 .+.! i.!1 '.ti11`'.!1i. ..1 ►, f .1�. �.1l.1 ►f t_t :St • .4 #!.!! t,.- 1..E_ ! •. !�. 1f �t • ' a►t! Tt .•1 olm T t r. Lt1 • -t It 1;•a. ► ' • •11► .f _llS ► Y ► r I t t i ` ' ' •__I t•: ' ► �► !1#_ti 11.E • 0751177= J I.•.RS ._► 1 .1! _ ! f. i# 1117 ma t'.J.i.. •.1' •..! ► t •� tall..' ► u •_J L�t# • �•r i .is. r .plc.'_ y;. � � t..�1,,� # ♦�. _!_. • •cl.• • .! ! : ..- • r:• !!_!���.11 • '. f r►. + • , � 11 1 • 1 1 � • • r is rcMdIWY ightkiedt Im da once w m2ath. r MSMbOr gniall t%LqWJW0W1Y LCWYed if fttr►ember AWILIo mend, forty W-999(4t*/o)of 01 re-alanrly_sAOduled mortinas witWu tvuelve-monthperind- � rsni�,t�d and�tnmittec mem •astu�ll�er�vtthcwt comt�ensati�;except es M)ddcd in the City,Cg&for MAW W subsi tm&, trevcl alloYranoes for rsffscial travel. D Chairmwzvhipg. Each board and committee shall be resnatLsiible to cleat.bylot tv v_ ate of the M=bers of eachi»rd or committer-A chaimerson and vigg-ehaimMgn. The el&tion ahall occur annually at the first meeting b"I in h ia,of ss tbg is no Sen y rneotir4g, tho the next mccdag hold, AD nowly rstabiished bqjWl and conitdeesshaUl= such el2gfiQns IL Their&A fMWArttr Ld meeting and in AMW&as Wgd gkvLAh cRg—b rs(as RLmdded below *Wi Az bg electod to RgAtions„o€chasrPe�son or vices AjmminjolM And at Bch other ti „M a!BWM tt' yQf the meters of any_bgKd or_oommittee may determine W Rules and Provedures. The city council may adopt and arnelad, from time to time by resolmlim Ra ral atnd4uasiLiudica'al ngg UWy &W Tt rds_ -soar n�tl All bods and-comm ' uL&—hA!l_a a co Wy with t-hz&oaW-rWcsand onmLbae;, u-id when_aodicable. the quaijudicial olla and Rr99mbres. A board or comtnittee away adopt addifitgadmk&and es provided that such rules oLpfflg du,�esare sundW tM in ugWre and not kLcansistent,Mdth the ales MW nroctdures ontzd by tht city wuqd MA apx fejgat. 14w. ruler 2roc2dure adogtdhy lbs board gr ggmnLft my be amcUded or rimed by the city gguncil. W Quorum; kmoV aciloric p Stgnft 4f she mrnrbers .-- f each b xLgr camm!Ufg haali tnitute_a quorum. Theaffimmii-ve vote ofthggt j ' ereser t*4 beW&ma fqrany �oard�a .t ogs;provided,hawmsr.it shell_take t t ee( a3_) ffirmative yotc tom► a or agDLm M action.WkjA a sxt p�M-maiority is otherwise reoLjjred by local.Mate or federal lava. Public mue i,:mimgg. All mecting ofabW s or om M tteas s U kQW to t11e�bltc. The Ci hall dgignatea sccMam&each hmd or mmi= I indude nutm of alf-bs meetiM of tho bomd oir ggmmjftgc cad uggr-4inalbe- Lqogn&"dlQjf vuh bglrd or vMMjUmdin the v each mnber upon Wh ggMgg .gr if absent qr f ilia to voft in&qWgxich 5Z. manaW Mx.11Mint a beard or c!QM, ' tce MUkK to se vMaswere +. The city shall be custodian of all mcords glthe boards or committees.and su. records shall be maintained in �e�rm ytha div recprda. Lml Alternate tae r:t, discret a of the��LS�f?,M oAcr atgMMh may be anaointed to each city board or_comtWttee. AUMemembers 99 be mavided with ail ModandAmm aU 'on tfoviiied'to MWK mem_bQi�� a Wmjt8 j�Qv_ide City of Cape Cmareral Ordhm u"Me. 12-2003 rage 4 uC i? Ot14 abed `.,Ndltv:z co•ot-ung `•9896 Sep Lov '• 'V'd'9SI3M8NVMZlV9'OWVM'NM099 :A9 zues ipMg dydd„iNussioos,,,Alternate m mhoAr j ll not b.RSaaSa. to vote on maga befar� unless m r Tice rnecnber of titc board or committee who has servers j�ltner as an alternate�nsmber ghail be the first altrrn to board member. if the fitat aftcmaia member Icayss she board or is ma imaA a5amalar bo�rd-rnem the auccs�so�r to.tkk%alter board mem r shall that altestsate and with 9w longerservice as an alternate member, Th_ a next h ern I e t d mggbg- In the absence of g rM UMg mher Wim.an officiaLboar4 Mting,the fim ahe=board mW-dWI auga all Micaafth-gAvAmalarboud rnMbg.inghdag the ridg t v t anvim} ratter befQre lk bogLdatftgMjtia. ift of morn�ettularlaoard mern6e absent from an QM" boarn d MMWL the IMA&MtA member,sW murnR A duticsg' the akW reaular rnemb2rr,inchgW&the rivote sm W matt+ bd-bre ft board at tl� gtesting, in tk gbm=9 11hefit b It b—a n t of the abseall firlt Omit indilding the 6WU IQ vt ter tl7s at t if 8r er i athp MSICing. Ad Moc_Commiltees._lkg4y�na,;l may crgge� by refi tion.fronn time to filag,Lemqaa ad hoc committea to save a fimited Wrp2sc- The r-qsglytpn t mmittee from all or Mof th r Aacyiews Prior ho a pmo b-gioz jgRq2jggd to a b2ard pt wam#tm int w_W.inmmla,by ths bwd at govailMan s in d by the i y„council, -The or qQMMWM shall.UNIke a reg2MMpy #fiM tg the city cit qn.w s n r i Sas.2.17+1-2-180. Rte. Set. 2461. EstablMed, (t)----A beautification board,which shall consist of seven members ,is established. City of Cape Q=VMI ardwa=W 12.200.1 Page 5 of 17 OZ19 9681 !Wdvv:Z eo-o4-unr •'8858 Ser LOP b'd'SSI HI�I+►VMIZ�dB'{]dVM`I�IH1o�s :AA was be appainted by the city eowi6i,andd; section, Tile ill"afternitte 111CIVIbI.10 AM,wimtoppointed by the city waned,be des*= Sec.2-131 Meetin ; bylhtwr-, icers. (a} Regular meetings of the beautification hoard shalt be held at least once eRch mouth at the city hall, and special meetings of the board shall be held at such times and at such places as the board may diroct. . (C) 9ate bftrd Audi elect fi en.k 4 t.Own anewbars it chaim"M aled a vice do6v.wn mid die*Meet 9 Sec. 2-153. Absence from meelin RWz td. 'oa 3 Chapter 10 Code ReWAL The City of Cape Canawal Code,Section 10- 27, is hereby repealed, Lily UCC 4M C AVCM) Dnliwux.No, 11.2tNA P"CSor 17 OZ/6 abed !hdSI:Z to-01-unr !9696 SZV LDS :A9 lues s * t Wign 4. Chapter 22 Cade Amendmtot. The City of Cape Canaveral Code, Chapter 22, is hereby amended as follows:(qngidW type indicates additions and strik+vout type indicates deletions,while asterisks (* * *)indicate a deiction from the Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 22 Community Development M Artfde ll. Business and Cutters!Devdopmettt Board Section 22.28. Composition,qualifkatioos. The business and cultural development board shall consist of five regular members and foo,alto-ate meonbcm Sec.Z2-29. ft as00HSti$Mr Section 22-30.Vacaaeies Reacrv'd. Sec.22-31.flemov Raerved, ctdtwal development bowd Fmiz office whetwnf-,in its dimetion.tole best intwest of the cily 51 be-merv�ed. Sec.22-32.Ruhs md Im oeeft. U=rvtd. City Of C"x 4MVC[M1 rhdWvnw No.12-1UD3 ?4go 7 of 17 oa/ot 861d `-iMdSv.-? eo-ot-unr `8896 SZi► LOv `'b'd`SSI3M4NVWZlpS'fl!11tAh`NM01l9 :Aa joss a a a Article LIL Conammity Appearatace Review rt a Sec.22-37.Board estatbibbed;membership;qualifications of members, (a) Established There is hereby established a community appearance board which shell consist of five mem abmit. .veft following terrim cocamnbei sW serve a tena Own yew,19MIM3160T3 SW Set Pet 1010 number ofteirns that ot irAvidual mentbet ney so ve. Mternate jmibers mind!serve thr yew tel-Mr eennod, .) Qua#fic adI ns. Mmen*crs sImN beicsidents oFd,.city with dw exception alle Wi4 that tven6ee or site,we tr=dw may be it nan-Tesidait.-All members shall be qualified by reason of training or expertise in art, architecture, community planning, land development, few estate, landscape architecture or other relevant business or profession, or by reason of civic interest,so a3 to be considered a sound judge ofthe aesthetic effect and impact upon property values, desirability, and the econornio, social and cultural patterns of the community of a proposed building or structure on surrounding areas. Sec.22-37. RmEy�, The,wimmnity appears=board sinli comply with alt mbes mbd piocadwes adqAed by the adv addi-tioind rales mid pmcedams dwried necessaxy to die candue'.1%of-it.aft 3,slid b. City dc"Cumveml Chd owc No.11-2003 Pub:8 of 17 Qeltt a688 !"jsr:z Eo-ot-unr `•8698 9Z7 Loi `'d'd`SSI M'pN1T1�lZ7dS`QHVM`HMOH9 :Ae 1u$9 an application U Wo. m9etion 22'40 See.22-39, Proceedings of the board. (a) , Meetings shelf be held on the first and third Monday of each month unless no business is presented to the board for a particular meeting Ad!bewd mectings s2W!be open to the .The time anti}dace of meetir►gs,and the order of business and procedure to be followed at meetings, shall be prescribed by the board.* written reem-d of tire pioeeWhW of the bomd simil be kept, *owing its wtion an evelt question considered. Smi, record shall be Med with the office of the mtetay of the bm-d mW shall be even for pabbe inspectioir (b) rhe city shall provide administrative, legal, architectural and other professional expert services deented necessary for the board to perform its duties and obligations under this article. N R Section S. Chapter 46 Code Amendment_ The City of Cape Canaveral Code, Chapter 46, is hereby amended as follows: {,underlin d type indicates additions and strikeout type indicates deletions,while asterisks (* * *)indicate a d"on from the Ordinance of text existing in Chapter 46. it is intended that the text in Chapter 46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the Ian Se existing prior adaption afthis Ordinance). Chapter 46-Library s w M Artitle IL Library Board Sec.46-26.Created, compesifta, to m; cbah mm (a) There is created a library board to consist Of five nWnbers rneitbe-slip simll serve at the pleasme aFifte city comweil arod shall be appointed Fm two-yesi City of Cw Cuwvcn1 Ordinance too, 12.2003 rawr9 of 17 ozlzt $6Bd `-Ytd9V�Z co-ot-unr !8686 SZv LOv s 'v'd'SSI3AhBAIdMV7idS`QlillM'NMOa9 :�[9 1u85 Sec.46-27, Qva ann; bylaw s,v adn wed.egalailow, eLzpeaditures. Comm* y (b) The library board skull have exclusive control of expenditwes of all monies collected or donated to the credit of the library fund. Sec.46-28. fts"yed, *nyhyltmo .ephttion established by the libi ai y board maybe atntihed b7 t1w city council. See.46-29.Vacation of office�. N R !e w 6. Chapter 54 Cade Ameadment. The City of Cape Canaveral Code, Chapter 54, is hereby amended as follows: (WWerW type indicates additions and shikeaw type indicates deletions, while asterisks (* * *)indicate a deletion from the Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shah remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 54-Parks and,Recreation Article E Recreation Board Sec. 54-26. Established. (a) There is created a recreation board to Consist of seven numbers and tweiAm.aft nzenebem, Such aw-Am ohip AM serve at ft pie= c of Hwe Ci!y Council wW SIMI' be appoirtied for Y"r' City of Cape cow"al [kdina=No.12-2003 Page to of 17 0zlev a6S8 !AdW a So•o►•unr !gage S?P 10V `- 'V'd`9$I3MVNYAZIVS`0dVM'NM0H8 :Ag 4UsS (b) VAdkixt 90 days aftT the uppoinhotait of the board, the bowd *0 hre-r,aroiganizaticxt wuiuOy at its vgtdw meeting in No IF emba. s see6en. 1 the fust altetmtes rnembe E meeting, the sewnd Sec 54-21E Res \ R � R $Win 7. Chapter 58 Code Amendment. The City of Cape Canaveral Cade, Chapter 58, is hereby amended as follows' (odcrlind type indicates additions and strikeaut type indicates deletions,while asterisks (* s *)indicate a deletion from the Ordinance of text existing in Chapter 58. It is intended that the text in Chapter 58 denoted by the asterisks and set rorth in this Ordinance shall remain unchanged ftom the language existing prior to adoption of this Ordinance). Chapter SS-F waing � R � City of Cqx Canaveral 4rdinoom No I2-2M3 Page I of 17 OZ/Ot 86dd !nd9ti:Z eo-ot-unr •9696 SZV LOV `• 'V*d`943I3MVMVVIZlVS' IddM`NMOUS :AQ TUBS Artide If.Planning and Zoning Board Sec.58-26. Extablisbcd, ,tbah litan. (a) The planning and ming board is established. The board shall consist of ftvmj—vg members.five m1alar eft"Pt 83 specified ir.section 50-32. (c) Appointments to flie bomid-AW!be made by i*mity vote aF the City ecuncil. (d) —Tht bon.d SIMM hold it,oi gwitational nmeting at the first rao"Illeohis aft" Septes Sm W27.QvmHf#mfiwrR"ULgLL . Sec.W28. H&MMW. ir sept..iber if county, city of gape:camvmi Ord4w=No. 12.2003 PW I2 of 17 Oe/51 aged :Y4dL?:Z vo-o�-unr !vm Sea Lori !-V'd`sslam8Kvmz-lvcjl1ivm tNMmlis "A48 Imes Sec.W29. No oten ber of!he phming wid zoring board, including a regular member,altet rae mei6m Sett.W30. Rules 9F pe ocedm�. Sex. $841. Qem not RetenL d. , Sec.53-32.Me.mate me owbets Rte. The-mctappointed WtoMeboodmembe-WI be designated as timsworldaftenote bow d rrnrrrber. City al,cape CMEVO ► Ordituuwe No. 12-2M3 Pape 13 of 47 `aH�iM`waa#19 :!(a ivas OL/a4 960d =•iNdLv:t EO-ok-unr :13656 szv LOT `'�f'd`55i'JM'8N4INZl4s Mee See.58-33. Min idles Resery . The city cowxil shall designate a samwy "hose duties sW1 inebode keeping inizrates of all W. Section 8. Chapter 82 Code Amendment. The City of Cape Canaveral Code. Chapter 82, is hereby amended as follows: (un&hud type indicates additions and strikes type indicates deletions, while asterisks (* * *)indicate a deletion from the Ordinance of text existing in Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks am set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 82-Brdldlmp and Building ReWstions. Artick Il. B'u'ilding Cade Sec.92-37.Estxbiiishmeat of constr>aion board of adjuatooest sad appeals. There is hereby established a hoard to be celled the construction board of adjustment and appeals, which shall cotasist of five members. The bowd shaH be appoifted by the eity Coumil. (a) JUomrposidmy Members of the construction board of adjustment and appeals should be composed ofindividual s with knowledge and experience in the technical codes,such as design pro*ssionals,contractors or building industry representatives. shall,(b) ?Wm. The tom of office of the board mawbant " be t"a yens freat the dne fres>a-offmer (6) se---ttry of the board proceedings, Mi a ch shall set forth the.casom-for to emote' city aicape CNMV rat Ordinam Nn. 12-2(H)3 Pase 14 nr 17 OvLt e6ed '"dLV:e eo-ot-unr •`S89e Sev Lop `• 'V'd`9SI3MBNMZ1V9'aUVM`NM0hl9 :Ae lu" (c)fW Powers Tba construction board ofadjustrne»ts and appeals shall have the power,as further defined in section 82-2923to bear appeals of decisions and interpretations of the building official and consider variances of the technical codes, iM M �, Cbq$er 1,10 Code Am+ dmont. The City of Cape Canaveral Code, Chapter 110, is hereby amended as follows: type indicates additions and strikeout type indicates deletions,while asterisks (S * *)indicate a dtledon ftctm the Ordinance of tat existing in Chapter 110. U is intended that the text in Chapter l 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the lanpge existing prior to adopt of this Ordinance)- Cbspter 11{1-?wing Article IL Board of Adjnstmtat Division 1.Gmerally Ste, 110-16. Established, , fa3 A board of adjustment is estab Owd, which shall consist of five members taidivro r4tereRt M.istered•voters. (e) Members ofthe bewd eFadjmttment shall be appointed fo. aqMered t"ws of thive YM". Sec. 110-27. Prccsedings. (t) Tive Word aF adjust nmat " ado" rules necemy to the coMact of its affitirs and The chairman or, in his absence,the acting chairman may administer oaths and compel the attendance ofwitnesses. VVV twords oFita emninations and attics*&i..!actiona,A of which sliall be public romds a3al City of Cepc Canaveral Ordit►aticc;No. 12-2(1g3 Page 1 s or 17 OVOL abed !Adsv:Z SO-01-unr `•9856 9Zb Lov !'V'd`9913MVNVWZ'IVS`CIHVM`NMOHB 'A6 IuaS See. 114-32, pecaions. In exercising any of the powers listed in this article,the board of adjustment may,so long as the action is in conformity with this chapter, reverse or affirm,wholly or partly, or may modify the order,requirement,decision or detarrnination appealed from and may make such order,requirement, decision or determination as should be made and to that end shall have all of the powers of the building official from whom the appeal was taken. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order,requirement, decision or deternrination of the building official, at to decide in fkvor ofthe applimtt on wry matte up.1w1jehitisrequinWtalms S%dg14. Repe2l of Prior Inconsistent Or+dinancts 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. iarE U. 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. Sagan SeverablUty. If any section, subsection, sentence,clause,phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any wurt 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_ .%Mtiog13. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and as provided by City Charter. jAdaptioa Page Follows] City of Cape caaaraat OrdiwnDg No. 12-2003 NV 16 of 17 4Zf6t 36sd `Pcwv:Z Eo-ot•unr `•Bese Sib L0V 1T'd`35I�tMP8NVYIZ�VS`Oad1V1`NMOaB ,dg IusS ADOPTED by the City Council of the City of Cape Canaveral. Ri orida, in a regular aiming assembled on the day of � - $2003. ROCKY RAND>ELS,Mayor ATTEST: For Against fob Hoog ,Tim Morph sun Pews _ SUSAN STILLS,City Clerk Rocky ERandeta Richard Trcvcrton First heading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cage Canaveral early. ANTHONY A.GARGANESflr:, City Attorney t=:�o�crrarc scam,�.n'x�nanoreu�a.ram_t�or.+a or;nwd,+)d City of Cape Canawxal Winaancrs No.12 2003 Page 17 of 17 OZ/OZ 069d !IMdBb=Z eo-oG-unr `•Oese sav tov V*d`S9j3MVNVWZ1VVG8VM`NWUG :AS ;ueS Meeting Type:Regular Meeting Date: 06-17-03 AGENDA Heading ordit=Ce Item 6 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE 17-2003 — REPEALING CODE SECTION 58-35, MASTER PLAN PREPARATION AND SCOPE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval at first reading, Ordinance 17-2003, repealing code section 58-35, Master plan preparation and scope. Summary Explanation & Background: This item was a result of a recent code review workshop. The provisions of the comprehensive planning process are outlined in code sections 58-56—58-58. I recolnmeW approval at first reading. Exhibits Attached: Ordinance 17-2003 City Ma ee ffice Department LEGISLATIVE cap - m\Myckcome in\council\meeting\2003\06-17-03\17-2003.doc ORDINANCE NO. 17-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 58-35 OF THE CITY CODE TO BE CONSISTENT WITH FLORIDA LAW; 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. Vill of the State constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the Florida Growth Management Act requires that the Local Planning Agency review and recommend amendments to the City's Comprehensive Plan; and WHEREAS, the City's Planning and Zoning Board currently serves as the City's Local Planning Agency and reviews and recommends amendments to the City Comprehensive Plan pursuant to Sections 58-56 through 58-58 of the Code; and WHEREAS, Section 58-35 (which was adopted prior to Sections 58-56 through 58-58) currently states the Planning and Zoning Board prepares the Comprehensive Plan of the City; and WHEREAS, Section 58-35 is inconsistent with Sections 58-56 through 58-58 of the City Code and Florida law and should have been repealed when Sections 58-56 through 58-58 were adopted; and WHEREAS, the City Council finds this Ordinance is in the best interest of the public health, safety, and welfare of the citizens of the City of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: S2ction I. 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. ction 2. Code Amendment. That Chapter 58 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeeu type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 58. It is intended that the text in Chapter 58 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Casae Canaveral Ordinance 17-2003 Page 1 of 3 CHAPTER 58. PLANNING Article II. Planning and Zoning Board It * * Sec. 58-3 Reserved. the FequiFements in F.S. § 163-3161 et seq. for the welfaFe, , ec 'on 3. Repeat of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code, This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5, Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 17-2003 Page 2 of 3 Meeting Type. Regular Meeting Date 06-17-03 AGENDA Hag Resolutions Item 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-21, TO OFFICIALLY APPROVE A STREET EXTENSION TO KING NEPTUNE LANE DEPT./DIVISION. BUILDING DEPARTMENT/PUBLIC SAFETY Requested Action: City Council consider the adoption of Resolution No. 2003-21 to officially approve a street extension to King Neptune Lane. Summary Explanation & Background: Brevard County officials Dave approved the extension of this roadway. I recommend approval. Exhibits Attached: Resolution No. 2003-21;supporting documentation City r Office Department BLDG DEPT/PUBLIC SAFETY kim\myd c dmin\council meeting\2003\06-17-03\2003-21,doc RESOLUTION NO. 2003-21 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, TO OFFICIALLY APPROVE A STREET EXTENSION TO KING NEPTUNE LANE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED PRIVATE ACCESS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been requested to name the following private accessJdriveway: Private access located in Section 14, Township 24 South, Range 37 East, Parcel ID No. 24-37-22-00-00414.1-0000.00 and Parcel ID No. 24-37-22- 00-00002.0-0000.00, as identified on the attached map, marked "Exhibit A," and WHEREAS, the above described private access/driveway should be named to improve location identification for 9-1-1 purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida that: SECTION 1. Adopting King Neptune Lane to name the above-described private access/driveway and street extension. SECTION 2. By naming this private access, the City of Cape Canaveral in no way accepts maintenance responsibilities for said private access. SECTION 3. It shall be the property owner's responsibility to place the appropriate street sign(s) and keep said access clear and accessible for emergency vehicles. SECTION 4. This naming shall become effective upon adoption of this resolution. SECTION 5. This Resolution will be recorded in the Official Records Book in the office of the Clerk of the Circuit and County Courts and a copy of same will be forwarded to the Post Office serving that area, the Supervisor of Elections office, and all concerned public safety agencies for their information and the proper notations be made on all maps of record. \lCape-rAlcityclsrklCityCik\ResolutionslSTREETSU(ing Neptune Lane.doc City of Cape Canaveral, Florida Resolution No. 2003-21 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 170' day of June, 2003_ Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Trevedon Anthony Garganese, CITY ATTORNEY llCape-nticityclerk\CityCfk\Resolutions\$TREETSWng Neptune Lane.doc To: Susan Stills, City Clerk From: Jim Watson, Address Coordinato Subject: Resolution Date: June 6, 2003 Attached is the new extension for (King Neptune town homes)that needs to be placed on the agenda for Council for a resolution officially naming the street extension. Any questions please feel free to contact me. r EXHIBIT "A" E'' UtLD1NG " QUILDLNG �.. ay ii } BuiLDINC�,�; G; 5 00.4,11'09' VM v .w C. !; vinw- . ltom L 7F I I f j is V cc iA rvryr— CN. -� STEN ION[iPit � '�, n . _.•- .{-.._, , RETENTION A - y - - r^ g- n Ou _ n NTION AREA "B» —�—__ � •_. � _ _:— '— _—•4...c,oi. S _-.—_ - -- J _...`��..... .. f°00'.x. { L., - z , Z:I f ry, . .�..!nu°.,.._.._,-. ' 7 R.EIENTION AREJIA �o > \ RETENTION AREA Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 009A C r F'rA6 OUP IN &mlmr. 1W 01-qvWRr1RFWA jHomej]Meet Jim Ford][FAQ][General Info][Save.Our Homes][Exemptions][Contact Us][Formsl[Appeals] [Property ReseamA LMap Search][Maps&Datal[Unusable_Propertyl[fax Authorities]B"afs New][Links] General Parcel Information for 24-37-22-00-00014.1-0000.00 Parcel Id: 24-37-22-00-00014.1- Millage 0000.00 Code: Mai IEGJOExemption: Use Code: 8 * Site Tax Address: Account: 2432845 *Site address assigned by the Brevard County Address Assignment Office for mailing purposes;tray not Tetiect community location of property. Owner Information Legal Description Owner Name]INVESTMENTS TERRE BONNE PART OF N 250 FT OF S 500 FT OF INC GOVT LOT 1 EX E 305.14 FT AS DES IN Second ORB 1027 PG 809 Name: Third Name: Mailing 7980 ATLANTIC Address: AVENUE N City,State, CAPE CANAVERAL, FL Zi code: 132920 Value Summary for 2002 Land Information ** Market Value: L$1,840 Acres: _ 3.67 A ricultural Assessment: $0 Site Code: Assessed Value: F—$1,8401 ILand Value: $1,840 Homestead Exemption: $0 Other Exemptions: $0 Taxable Value: $1,840 "This is the value established for ad valorem purposes in accordance with s.193.01l(l)and(8),Florida Statutes. This value does Twat represent anticipated selling price for the property. Sales Information OR Sale Sale Deed Disqualification Disqualification Vacant/Improved Baok/Pa a Date Amount a Code Source 4681/0082 912002 $165,000 WD PT 08 t Y 3826/1021 311998 $100 QC C V 13142/1732 711991 $100 PT V 3142/1734 711991 $100 PT V 3142/1824 711991 $2651000 PT. C� V http://brevardpropertyappraiser.com/asp/Show_pareel.asp?acct--2432846&gen=T&tax=T... 4/29/2003 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 Extra Feature Information Tax Levied by Taxing Authorities for 2002 Taxin Authorities Taxes Billed Ad Valorem Coon $9.9411 School-__, $15.83 Ci /MSTU $4.98 Water Management $0.85 SP District $0.07 Debt payment $0.84 Total Ad Valorem $32.51 Fee Agencies Fees Billed Non Ad Valorem SW Dis osal = $0.00 SW Collection =F7 $0.00 R clip $0.00 EMS -Ambulance $0A0 Storm Water $0.04 BPK/BFOOT $0.00 WTR/Ba tree/Viera S cial Dist. $0.00 Total Non Ad Valorem $0.00 Total 32.5111 Data Last Updated: Monday, April 2€, 2003- Printed On: Tuesday, April 29, 2003. [Home] [General Info] LMeet Jim Ford] [Exemptions] [Save O...nr. Homes] [Contact._Us] [Property -Research] [Other Links] [Maps & Data][Appeals] Copyright ® 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http://brevardpropertyappraiser.comlaspIShow_parcel. asp?acct=243 2846&.gen=T&tax--T... 4/29/2003 Page 1 of 1 http://brevardpropertyappraiser.com/scriptslesrimap.dll?Name=Brevardl&Cmd=zoom7&... 4/29/2003 Brevard County Property Appraiser-- Online Real Estate Property Card .um, FW4 1C.A.A NOW Horne [Meet Jim Ford] IFAQ] [General Info] [Save Our Homes] [Exemptions] [Contact Us] [Forms] [Appeals] [Property Research] ]Map Search] [Maps &. Data] Lnusable Property] [Tax Authorities] [WhaVs New] [Links] General Parcel Information for 24-37-22-00-00002.0-0000.00 Page 1 of 2 Parcel Id: * Site Address: 24-37-22-00-00002.0- Millage 0000.00 Mai Code: 26G0 Exemption: Use Code: Tax Accou lint: 9908 2443923 Second ' Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Value Summary for 2002 ** Market Value: TER.RE BONNE Owner Name• ' INVESTMENTS INC Second $27,140 Name: $0 Other Exemptions: $0 Third Name: F—_ Mailing _ 7980 ATLANTIC Address: AVENUE N City, State,1132920 CAPE CANAVERAL, FL Zi code: Value Summary for 2002 ** Market Value: $27,140 lAgricultural Assessment: $0 Assessed Value: $27,140 Homestead Exem tion: $0 Other Exemptions: $0 Taxable Value:$27,140 PT Legal Description ILN 150 FT OF S 650 FT OF GOVT LOT 1 Land Information Acres:S.bb Site Code: _ 110 Land Value: $27,140 ** This is the value established forad valorem proposes in accordance with s,193.0] I(]) and (8), Florida Statutes. This value doe_ s rrot represent anticipated selling price for the property, Sales Information OR Book/Page Sale Date Sale Amount Deed T e Disqualification Code Disqualification Source Vacant/Improved 4681/0082 9/2002 $1b5,000 WD PT 08—� Extra Feature Information http://brevardpropertyappraiser.comlaspIShow parcel.asp?accr2443923&gen=T&tax=T... 4/29/2003 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 Tac Levied by Taxing Authorities for 2002 Taxing Authorities Taxes Billed Ad Valorem County $146.65 School $233.54 City/MSTU $73.45 Water Management $12.54 SP District Ir Debt Payment --1 $12.45 Total Ad Valorem $479.67 Fee A encies Fees Billed Non Ad Valorem SW Dip osal $0.00 SW Collection $0.00 $0.00 lRecycling EMS -Ambulance $0.00 Storm Water $0.00 HPK/BFOOT $0.00 WTRffl!jtmNiera Special Dist. $0.00 Total Non Ad Valorem $0.00 Total$479.67 Mtn Ust Updated: Monday, April 21, 2003- Printed on: Tuesday, April 2, 2003. [Home] [General Info] [_Meet Jim Ford] [Exemptions] /Save Our Homes] [Contact Us] jPrqpeMLResearch] [Other Links] [Maps & Data]jAppeal.s] Copyright 0 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http://brevardpropertyappraiser. comlasp/Show_parcel.asp?acct=2443 923 &gen=T&tax=T... 4/29/2003 Page 1 of 1 http://brevardpropertyappraiser.comiscriptslesrimap.dll?Name=Brevard 1 &.Cmd=zoom?&... 4/29/2003 Meeting Type: Regular Meeting Date: 06-17-03 AGENDA (leading Resolutions Item g No. Exhibits Attached: Resolution 2003-22 and supporting documentation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION 2003-22 — OFFICIALLY NAMING VILLANOVA DRIVE AND CASA BELLA DRIVE. DEPT./DIVISION: BUILDING DEPARTMENT / PUBLIC SAFETY Requested Action: City Council consider the adoption of Resolution 2003-22 officially naming Villanova Drive and Casa Bella Drive within the Bayport subdivision. Summary Explanation & Background: Brevard County officials have approved the two street names for this project. I recommend approval. Exhibits Attached: Resolution 2003-22 and supporting documentation. City M s Office Department BLDG/PUBLIC SAFETY . �. gyp• i-�T'T T'. �'i �:� RESOLUTION NO. 2003-22 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME VILLANOVA DRIVE AND CASA BELLA DRIVE, LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED PRIVATE ACCESS/DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been requested to name the following private access/driveways: Private access/driveways located in Section 15, Township 24 South, Range 37 East, Parcel 506 as indicated on the attached map, marked "Exhibit A," and: WHEREAS, the above described private access/driveways should be named to improve location identification for 9-1-1 purposes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida that: SECTIQN 1. The names Villanova Drive and Casa Bella Drive are adopted for the above-described private access/driveways. SECTION 2. By naming these private access/driveways, the City of Cape Canaveral in no way accepts maintenance responsibilities for said accesses. SECTION 3. It shall be the property owner's responsibility to place the appropriate street sign(s) and keep said private accesses clear and accessible for emergency vehicles. SECTION 4. These names shall become effective upon adoption of this resolution. SECTION 5. The Resolution will be recorded in the Official Records Book in the Office of the Clerk of the Circuit and County Courts, and a copy of same be forwarded to the Post Office serving that area, the Supervisor of Elections, and all concerned public safety agencies for their information, and that the proper notations be made on all maps of record. City of Cape Canaveral, Florida Resolution No. 2003-22 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17"' day of Jane, 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 11Cape-nttci#yderklCityClk\Resolutions\STREETSNVilla Nova and Casa Bella Orives.doc JUN -11-2003 15:06 B RVARJ 1 " BOARD OF COUNTY C0IH MIS310NIVA4 PERMn T111i[i & ETWORCMENr DEPARTME74T Building Coda Z7's5 JWz* Fran J"eam Way, Slag, A, van, P*Wa 32M May 8, 2003 Susan L. Chapman City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 RE: Street Name Request: (T24 -R37 -S15) Bayport Condominiums Dear Ms. Chapman: FLORIDA'S SPACE COAST Telaphow, (32 1 1 6 2 3-1071 Fvx: (321) 633-2087 P.01/of Our office was contacted regarding street name approval for the proposed Bayport Condominium development located within your city limits. The below listed street names are approved and will be held in reserve status for a period of two years. if these names are not implemented within this time frame, you or the Developer must contact Address Ass4nment- VILLANOVAu OR CASA BELLA VILLA not both If this development is not to W r your city council needs to complete (and record with the clerk's office) a resolution or ordinance to assure placement of the new street names on the official maps of record. Upon receipt of the recorded document our Address Assignment section will forward a copy to 9-1-1 Communications to have the new street names and address ranges Input Into the Enhanced 9-1-1 database. Upon recording of the Plat, the developer must provide one copy of the recordod document to our Address Assignment section for addressing and 9-1-1 purposes. Upon receipt of the reg2EW plat, they will forward a copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9-1-1 database. Your continued cooperation is appreciated. If further assistance is required, please contact a Regina R. Braun, Lead Address Technician at (321) 633-2061. Si ly, Carroll R. Brown, Building Official Brevard County Building Code PANM"NJfCYCLPDNABA CRB: rrb TOTAL P.01 To: Susan Stills, City Clerk From: Jim Watson, Address CoordinatoP' Subject: Resolution Date: June 6, 2003 Attached are (2) new street names (for Bayport town homes) that need to be placed on the agenda for Council for a resolution officially naming the streets. Any questions please feel free to contact me. 1S3 hd agswCO LGOZ/SL/11 OMP'ID3\M\OUWMU sPUYj POMOB - iQ-,(0-1 Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 [Property. Researt� jMa�Searcljos_& Data] jUnasabte Properly] [fax Authorities at's New Links General Parcel Information for 24-37-15-00-00506.0-0000.00 Parcel Id: 110000.00 24-37-15-00-00506.0-Millage Map Code; Exemption: 2660 Use Code: 9908 * Site Address: $370,000 Tax Account: 2455400 • Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: CEVESCO INC Second Name: $0 Third Name: $370,000 Mallin Address: P O BOX 2228 City, State, Zi code: 1128603 HICKORY, NC Value Summary for 2002 ** Market Value: $370,000 A ricultural Assessment: $0 Assessed Value: $370,000 Homestead Exemption: i $0 ether Exemptions: $0 Taxable Value: $370,Q00 Legal Description PART OF RECLAIMED LAND LYING WEST OF ASTRONAUT BLVD AS DESC IN ORB 4360 PG 2849 EXC ORB 4404 PG 3589& ORB 4699 PG 3341 Land Information Acres: 1.72 Site Code: 1 Land Value: $370,000 «• This is the value established for ad valorem purposes in accordance with s.193.011(1) and (8), Florida Statutes. This value does not represent anticipated selling price for the property. Extra Feature Information Pool Firelace Drivewa Lawn I atian Shed Dock Seawall 0 ° TFence °iL r . . _ ° o Tax Levied by Taxing Authorities for 2002 Taxing Authorities Taxer Billed Ad Valorem lCounty If $1,999.23 School $3,183.85 1 11 71 Fee A encies Fees Billed Non Ad Valorem SW Die asap $0.00 SW Collection F- http://brevardpropertyappraiser.comlaspIShow_parcel.asp?acct=2455400&gen=T&tax=T&... 6/4/2003 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 Ci /MS �tr/ TU $1,001.37 Water Management $170.94 SP District $14.25 Debt Payment _� $169.65 Total Ad Valorem JE $6,539.29 Re elfin $0.00 EMS -Ambulance $0.00 Storm Water $0.00 HPK/BFOOT $0.00 WTR/Ba ree/Viera S ial Disk $0.00 Total Non Ad Valorem $0.00 Total $6,539.29 Data Last Updated, Tuesday, May 20, 2003- Printed On: Wednesday, Jaac 04, 2003. [Home] [General. Info] [M_ee_t_Jim.For [Exemptions] [Save_Our_Homes] [Contact Usk Property Research] [Other.Links] [Maps & Data][Appeals] Copyright ® 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http://brevardpropertyappraiser.comlaspIShow_parcel.asp?acct=2455400&gen =T&tax=T&... 6/4/2003 Page 1 of 1 http://brevardpropertyappraiser.com/webmap/temp/graFrame2003O6O4O8 l 7047023 .html 6/4/2003 Meeting Type: Regular Meeting Date: 06-17-03 AGENDA Heading Resolutions Ian 9 No. Exhibits Attached: Resolution 2803-23 and supporting documents AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION 2003-23 — OFFICIALLY NAMING SEVILLA COURT AND MARBELLA COURT DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution 2003-23 officially naming Sevilla Court and Marbella Court within the Solara on the River. Summary Explanation do Background: Brevard County officials bave approved the two names for this project. I recommend approval. Exhibits Attached: Resolution 2803-23 and supporting documents Man Office r Department LEGISLATIVE RESOLUTION NO. 2003-23 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY NAME SEVILLA COURT AND MARBELLA COURT, LOCATED WITHIN THE CITY OF CAPE CANAVERAL, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA TO PLACE THE NAMED PRIVATE ACCESS/DRIVEWAYS ON THE OFFICIAL MAPS OF RECORD; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Brevard County, Florida has been requested to name the following private access/driveways: Private accesses located in Section 22, Township 24 South, Range 37 East, Parcel ID No. 24-37-22-JI-OOOON.0-0000.00 (Sevilla Court) and Parcel ID No. 24-37-22-JIOOOOP_0-0000.00 (Marbella Court) as indicated on the attached map, marked "Exhibit A," and: WHEREAS, the above described private access/driveways should be named to improve location identification for 9-1-1 purposes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida that: §gQIIQN 1. The names $2villa Qourt and Marbella Court are adopted for the above-described private access/driveways. SECTION 2. By naming these private access/driveways, the City of Cape Canaveral in no way accepts maintenance responsibilities for said access/driveways. SECTION 3, It shall be the property owner's responsibility to place the appropriate street sign(s) and keep said private accesses clear and accessible for emergency vehicles. SECTION 4. These names shall become effective upon adoption of this resolution. SECTION 5. The Resolution will be recorded in the Official Records Book in the Office of the Clerk of the Circuit and County Courts, and a copy of same be forwarded to the Post Office serving that area, the Supervisor of Elections, and all concerned public safety agencies for their information, and that the proper notations be made on all maps of record. 11Cape-ntlc7rtyclerklCityCIMResolutlons\ST'REETS\Sevilia Court and Marbella Court_doc City of Cape Canaveral, Florida Resolution No. 2003-23 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of June, 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 11Cape-Mlcityderk\CityC4k\Resolutons\STREETS\Seviila Court and Marbeila Cour#.doc To: Susan Stills, City Clerk From: Jinn Watson, Address Coordinator Subject: Resolution Date: June b, 2003 Attached are (2) new street names (for Solana on the river) that need to be placed on the agenda for Council for a resolution officially naming the streets.Any questions please feel free to contact me. MAY -29-2003 16:38 BREUARD CO BLDG CODE 321 633 2387 P.01/01 81 - EVAR BOARD OF COUNTY COMMISSIONERS PiCBNilY1INO & VNFORCEM ENT DEPARTMENT BuldintCo t 2723 J dp Fret ]arnitsm Way. Hide. A, VIM FWAA 32940 May 29, 2003 Susan L. Chapman City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 RE: Street Name Request: (T24 -R37-522) Solana on the River Dear Ms. Chapman: FLORIDA'S SPACE COAST 'OLVhene:(331) 633.207-1 Fav (321) 633.2067 The below listed street navies are approved and will be held in reserve status for a period of two years for the above referenced development. If these names are not implemented within this time frame and another customer requests the names, they will he released for their use. Therefore, if the Developer stili wants to utilize the street names, they need to contact this ofl<ce to re -reserve the names. MARBELI.A SANTIAGO The remaining street name choice (Biscay) has been disapproved due to duplication in the surrounding mutual emergency response area. If this developrnent 3gLlM not be recorded. your city council must complete (and record with the clerk's office) a resolution or ordinance to ensure placement of the now street names on the offleial maps of record. You must then provide a recorded copy of the document to Address Assignment. Upon receipt of the recorded document they will forward a copy to 9-1-1 Communications to have the new street names and address ranges Input into the Enhanced 9- 1-1 database. Upon recording of the Plat, the developer must provide one copy of the rMorded document to Brevard County Address Assignment for addressing and 9-1-1 purposes. If the developer would like a copy of the addressad plat, an extra copy should be provided. Upon receipt of the Lqorded plat, they will forward a Copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9-1-1 database. Your continued Cooperation is appreciated_ If further assistance is required, please contact Regina R. Braun, Lead Address Technician at (321) 633-2061 Sinceref 7 - Carroll R. Brown, Building Official Brevard County Building Code PWNI'FDON RFCY[y fo PAPEA CRB:rrb TOTS P. 01 MfA1''-15-2003 89:32 INR EVAR BOARD OF COUNTY COMMSSIONERS PFILM17TING & ENFORCEMENT DEPARTM&ST UuJding Cadc .125 ludgo Fha lamim;wn Way, Slog, A Vireo f1wida 32440 May 16,2003 Susan L. Chapman City of Cape Canaveral Building Department 105 Polk Avenue Cape Canaveral, FL 32920 RE: Street blame Request: (T24 -R37 -S22) Solana on the River Deaf Me. Chapman: =. 011.101 T [Uai5on FLORIDA'S SPACE COAST Tekohanr 1321) of -2712 Fac; ,321)633.2CP The below listed street name is approved and will be held in reserve status for a period of two years for the above referenced development. IF this name is 1implemented within this time frame and another customer requests the name, it will be released for their use. Therefore, if the Developer still wants to utilize the street name, they need to contact this office to re -reserve the name. SEVIL"LA The remaining street name choices have been disapproved due to duplication in the surrounding mutual emergency response area. If this development will not be recorded, your city council must complete (and record with the rJerk's office) a resolution or ordinance to ensure placement of the new street names an the offioW maps of record. You must then provide a recorded copy of the document to address Assignment. Upon receipt of the recorded document they will forward a ropy to 8-1-1 Communications to have the new street names and address ranges Input into the Enhanced 9- 1-1 database. Upon recording of the Plat, the developer must provide one copy of the recorded document to Brevard County Address Assignment for addressing and 9-1-1 purposes. If the developer would like a copy of the addressed plat, an extra copy should be provided. Upon receipt of the recorded plat, they will forward a copy to 9-1-1 Communications to have the new street names and address ranges input into the Enhanced 9-1-1 database. Your continued cooperation is appreciated. If further assistance 1s required, please contact Regina R. Braun, Lead Address Technician at (321) 833-2061 Sincerely, Carroll R. Brown, Building Official Brevard County Building Code YR M'lA UIJRlClCLtn FAPfA 7.-TLL F.01 Brevard County Property Appraiser-- Online Real Estate Property Card Page 1 of 2 ori: [Home] [meet. Jim Ford] [FAQ] [General Info] [Save Our Hames) [Exemptions] [Contact Us] [Forms] [Appeals] [Properly ResearJ [_Map Search) LMaps & Data] jlJmusable Property] flax Authorities] [What's New] [Links] General Parcel Information for 24-37-22-JI-OOOON.0-0000.00 1124-37-22-JI-0000N.0-jEM"'ageParcel Id: * Site Address: 26GO Exemption: Code: Use Code: Tax Account: 1124327751i IF0000.00 ] • Site address assigned by the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information ner Name: L MURCIA, MARIA ISABEL TRUSTEE Second Name: $0 Third Name: $613,180 Mailing Address: P O BOX 144671 12i'0111tate, CORAL GABLES, FLe: axable Value:$613,180 3311411 Value Summary for 2002 ** Market Value: $613,180 A 'cultural Assessment: $0 Assessed Value: $613,180 Homestead Exemption: $0 Other Exemptions: $0 axable Value:$613,180 Code Legal Description PLAT OF SURVEY FOR LOMA LINDA UNIVERSITY AS PER SURVEY BK 1 PGS 106,108PARCEL N Land Information Acres: 4.11 Site Code: _ 1.10 Land Valve: $504,950 " This is Ste value established for W vatonem purposes in accordance with s.193.011(1) and (8), Florida statutes. This value does nQt represent anticipated setting price for the property. Sales Information OR Sale I Sale -Deed IDisqualiffication Disqualification Vacant/improved Book/Pa a Date Amount Code Source 3164/3168 9/1991 $729,000 PT I 3164/3170 711991 $729,000 PT C I - 2339/1718 1211981 $5,000,000 PT Building Information PDC 11 Use 11 Year 11 Story 11 Exterior 11 Interior 11 Roof 11 Roof 11 Floors 11 Ceiling http://brevardpropertyappraiser.comlaspIShow_parcel.asp?acct=2432775 &.gen=T&.tax=T&... 6/4/2003 Brevard County Property Appraiser-- Online Real Estate Property Card !.J!.Jl Code 11 Built Hei t 11 Code Code T280Q 1468 T____�0 1� Building Area Information Page 2 of 2 Mater. 11 Code 11 Code 11 PDC # Base Area Garage Area Open Porches Car Port Screened Utility Porches Rooms Enclosed porch Basements Attics Total Base Area $2$3.29 SP District $23.61 Debt Pa ent $281.15 otal Ad Valorem $10,837.17 -$10.837.1711 1®® Extra Feature Information Pool Fireplace Fence D i eway awn Irrigation Shed Dock Seawall No o No ] o No Na No No r� Tax Levied by Taxing Authorities for 2002 Taj!!S Authorities Taxes Billed Ad Valorem SW Collection 11 County $3,313.19 School $5,276.41 Ci /MSTU $1,659.52 Water Management $2$3.29 SP District $23.61 Debt Pa ent $281.15 otal Ad Valorem $10,837.17 Fee Agencies I Fees Billed Non Ad Valorem SW Dis sal 1 $0.00 SW Collection 11 $0.00 R clip $0.00 EMS -Ambulance $0.00 Storm Water $0.00 HPKBFOOT $0.00 WTR/Ba ree/Viera Special Dist. $0.00 Total Non Ad Valorem $0.00 Total 1 -$10.837.1711 Data LM Updated: Taeaday, May 26,2003- Printed Ow: Wedonday, Jane 04, 2003. I [Horne) fGeneral Info] [MeetJim.Ford] [Exemptions] [Save Our Homes] [Contact Us] [Property Research] f0ther Links] [Maps & Datal[Appeal.s] Copyright C 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http://brevardpropertyappraiser.conVaspIShow_parcel.asp?acct =2432775&gen=T&tax--T&... 6/4/2003 Page 1 of 1 http:llbrevardpropertyappraiser.comlwebmapltemplgraFrame2003O6O4O824402741.htm1 6/4/2003 Brevard County Property Appraiser-- Ondine Real Estate Property Card Page 1 of 2 26 e -//A Zcvz- >�� [Home [Meet Jim Fo..rd] [FAQ] [General Info] [Save Our Homes] [Exemptions] [Contact Us] [Forms] [Appeals] [Property Research] ]Map_Search] [Mates & Data] [Unusable Property] [Tax Authorities] [Whars New] [Links] General Parcel Information for 24-37-22-JI-OOOOP.0-0000.00 Parcel Id:24-37-22-JI-OOOOP,0- Millage [Exemption] Ma 26G0 Code:�1 Use Code:0000.00 Tax Account: 28.10 2432776 * Site Address: _ etre aaaress assigned Dy the Brevard County Address Assignment Office for mailing purposes; may not reflect community location of property. Owner Information Owner Name: MURCIA, MARIA ISABEL TRUSTEE Second Name: $170,530 Third Name: _ Mai mg Address: 11 P O BOX 144671 , State, u2i1133114 CORAL GABLES, FL ode: Value Summary for 2002 ** Market Value: $170,530 Agricultural Assessment: 0 Assessed Value: $170,530 /Homestead Exemption: Sale Date $0 Other Exemptions: Disqualification Code $0 Taxable Value: 3164/3168 3164/3170 2339/1718 $174,530 Legal Description PLAT OF SURVEY FOR LOMA LINDA UNIVERSITY AS PER SURVEY BK 1 PGS 106,108PARCEL P Land Information Acres: 0.18 Site Code: 110 lLand Value: _�� $146,300 " This is the value established For ad valorem purposes in accordance with 5.193.01 l(l) and (8), Florida Statutes, This value doess"represent anticipated selling price for the property. Sales Information OR Book/Pa a Sale Date SaleDeed Amount T e Disqualification Code Disqualification Source Vacant/Improved 3164/3168 3164/3170 2339/1718 911991 $729,000 PT l 7/1991 $729,000 PT I 12/1981 $5,000,000 PT 1329/0654 211973 $200,000 PT Building Information http:/lbrevardpropertyappraiser.com/asp/Show_parcel,asp?acct=2432776&gen=T&tax=T&... 6/4/2003 Brevard County Property Appraiser-- Online Real Estate Property Card Page 2 of 2 PDC # Use Code Year Built Story Height Exterior Code Interior Code Roof T e Raaf Mater. Floors CodeIL Ceiling Code SP District $6.57 Debt Payment C $78.19 Total Ad Valorem IF7$3,013.flO $0.00 Total on Ad Valorem $0.00 Total $3,013.90 Building Area Information Extra Feature Information Tax Levied by Taxing Authorities for 2002 Taxing Authorities 11 Taves Billed Ad Valorem County $921.42 School $1,467.41 Ci /MSTU $461.53 Water Management $78.78 SP District $6.57 Debt Payment C $78.19 Total Ad Valorem IF7$3,013.flO $0.00 Fee Agencies Fees Billed Non Ad Valorem SW Dis sal $0.00 SW Collection $0.00 �ec-elin _ $0.00 EMS -Ambulance $0.601 Storm Water $0.00 HPKMFOOT $0.00 WTR/Ba ee/Viera S ecial Dist. $0.00 Total on Ad Valorem $0.00 Total $3,013.90 Data Last Updated: Tuesday, May 20,2003- Prfated On: Wednesday, June 84, 2003. [Home] [General. info] [Meet Jim Ford] [Exertions] [Save Our Homes] [Contact Us] [Prpperty Research] [Other Links] [Maps & Data][Appea s] Copyright 0 1997 Brevard County Property Appraiser. All rights reserved. Disclaimer Applies to Results http: //brevardpropertyappraiser.com/asp/Show-parccel.asp?aect=2432776&gen=T&tax--T&... 6/4/2003 Page 1 of 1 http://brevardpropertyappraiser.com/webmapltemplgraFrame200306040826183177.htmI 6/4{2003 Page 1 of 1 http:/lbrevardpropertyappraiser.comlwebmapltemplgraFrame2003060408274556.html 6/4/2003 f Ui Iginaomr-...,,, SMUVd N19MU393 f %'. Pnl, srr 3,rsses �c-91 Sr 3.12,[5.885 4 ..1 d ,r � I I 1 I I I ! I ! I f 1 I I I ps�p�L IIa I I E I 1 I I i 1 I I I 1 pp Y I k� I c� I � I I sinr� rcrm s. ..rr.n. N W 4� U� �� 4x a W Z F ('WJ I ,yt1,HS.BBS OJT; 1 3,£S.BBS I '0y 8 W m I h a r ig Y a__ cl Meeting Type: Regular Meeting Date: 06-17-63 AGENDA Headws Resolution Item to No. Exhibits Attached: Resolution #2003-24, memo from the P & Z board. - AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION # 2003-24; APPROVAL OF FINAL PLATS FOR ALL SHORES TOWN HOMES, PHASES I & R. DEPT./DIVISION: PLANNING & ZONING / GROWTH MANAGEMENT Requested Action: City Council consider the approval of Resolution #2003-34 for the final plats of All Shores Town homes, Phases I & II, as recommended by the Planning & Zoning Board. Summary Explanation & Background: The Planning & Zoning Board recommended approval at their May 28, 2003 meeting. I recommend approval. Exhibits Attached: Resolution #2003-24, memo from the P & Z board. City Man 's Office Depatiinent P&ZIGROWTH MGMT rajVM umit4meeting12003106-17.0312003 24.doe RESOLUTION NO. 2003-24 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "ALL SHORES TOWNHOMES, PHASES 1 AND II"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, James E. Morgan, has complied with the platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Plat for All Shores Townhomes — Section 23, Township 24 South, Range 37 East, tots 13 and 14, Block 2, as Recorded in Plat Book 3, Page 7 of the Public Records of Brevard County, Florida is hereby approved. plat. SECTION 2. The Mayor and City Clerk are hereby authorized to execute said SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17"h day of June, 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 I1Cape-ntlcltyclerk\CityClk\Resolutions\PLATS\ INAL120031A1I Shores Townhomes.doc Susan Stills, City Clerk Y y of Cape Canaveral From: Bea McNeely, Chairperson, Planning & Zoning Board Re: All Shores Townhomes - Phases I & II - Final Plats At the Planning & Zoning Board meeting held on May 28, 2003 the Board members, by unanimous vote, recommended approval of the above referenced final plats with the following condition: The applicant shall provide the Declaration of Covenants and Title Commitment to the city staff for review by the City Attorney prior to forwarding the recommendation to City Council. The applicant was informed (by the City Manager) that he needs to provide the aforementioned items and milar to the City Clerk's office no later than Tuesday, June 10th to be on the Council meeting agenda for June 17th. Thank -you. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com ity of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: All Shores Townhomes - Phases I & II - Final Plats -------------------------------- At the Planning & Zoning Board meeting held on May 28, 2003 the Board members, by unanimous vote, recommended approval of the above referenced final plats with the following condition: The applicant shall provide the Declaration of Covenants and Title Commitment to the city staff for review by the City Attorney prior to forwarding the recommendation to City Council. The applicant was informed (by the City Manager) that he needs to provide the aforementioned items and milar to the City Clerk's office no later than Tuesday, June 10th to be on the Council meeting agenda for .Mine 17th. Thank -you. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX (321) 868-1248 www.myflorida.com/cape - e-mail: ccapecanaveralOcfl.rr.com BROWN, SALZMAN, WEISS & GARGANESE, P.A. Usher L. Brown' Suzanne D'Agresta' Anthony A. Garganese' Gary S. Salzman' John H. Ward ` Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer Board Certified City, County & Local Government Law Ms. Susan Chapman Building Department City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Attorneys at Law Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher Cocoa & Viera Jeffrey P. Buak John U. Biedenharn, Jr- Joseph rJoseph E. Blitch Michelle H. Brett Douglas Lambert Jennifer A. Michael Michelle A. Reddin Vincent E, Scarlatos Erin J. O'Leary Of Counsel June 6, 2003 Re: Title Opinion - All Shores Const. & Supply Co., Inc. City of Cape Canaveral - Building/Code Enf.IZoning Our File No.: 513-008 Dear Susan: Please allow this correspondence to acknowledge your facsimile dated June 5, 2003, regarding the above referenced matter. Thank you. We have reviewed the title opinion, prepared by Mosley & Wallis, P.A., and find the same to be in compliance with Section 177.041(2), Florida Statutes. Should you have any questions regarding this matter please do not hesitate to call our offices. Very truly yours, Je rey P, Buak Assistant City Attorney JPBI cc: A. Garganese, City Attorney F:ILawyerleffb\City of Cape CanaveraKCorrespondence\Chapman_AI]Shores_Plat_Ltr_060603.wpd 225 East Robinson Street, Suite 660 - P.Q. Box 2873 • Qriando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www,orlandolaw.net - Email: firm@orlandolaw.net TO: CITY OF CAP! CANAVIRAL IN RE: ALL SHORES Ct71YST. AND SUPPLY CODDANY, INC. This is to adviseyou that the law firm of Maslry A Wklis, PA ho iaaw to be examined the public rrcards of Brevard CmMW. Fla H4 affwbq the title to tba lona%* it eami3ad nal yeopaety: Lou 13 & 14, Block 2, AVON BY THE SBA, acnordins to the plat lhaeof as rxardad in Plat Bmk.3, Page 7, of the Public R000rda of irevard Cmmty. Fiarida. 1t ,s the opimion of the mdaziped member of the law Ihm dw fee simp]e title to tbt stove daradW property is vested in ALL SHORES CONST. AND SUPPLY COMP ANY, INC., a FLmida carporadm m of Jum 3, 2063, subject to the diilowata mortaaaes, lieu or a mumbraroas_ ldortaap and Sacm* ASN I dated December 31, 2UO2 Siren by ALL SROM CONST, AND SUPPLY 0"ANY, INC., as M=paar, in favor of COAS'T'AL BAXL m Martp tie reeordad in Official Rxonds Hook 4793, Pala 3280, m mowed by Daae Mod,&At m ad Extension Aym ment tinted April 4, 2003 tecaedad in Official Records Hook 4384, Esse 0131, Public Records odBrsvard Conry, Florida I ftthw omtiljr t W tum lar tba yen 2004 and prior years are paid m Sall. 2003 tease tits no rat duo and psyarble. DATED dais � _ 4sy of Jura, 2663 MQKZY & WALLIS, P.A. By: CLTM R. MOSLEY STATE OF FLORIDA COUNTY OF BREVARD The fcmlPn iftstarn m me this5l1 p+ day of Jum. 2003, by CLIRTIS R. MOSLEY, Who i iraown m me abo baa produced as idendflceim and who dl not 2 WITTIHSS my heed and efeW sea! dtis'-5-; dqr o0wa, 2063. FAW It 6m urtxmv rm aa� t— • i � tr+i2las+ P�FiCc: +iarw��.r.rae My Cemmiagm Expirac "