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HomeMy WebLinkAboutPacket 07-01-2003 }�QpCE q�O� yJ �' City of Cape Canaveral C17V OF CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 1, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: State Senator Mike Haridopolos Legislative Update CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 17, 2003. 2. Easement Agreement with Al Praetorius. Parcel No. 24-37-26-CH-00000.0-0021.00 & 0022.00 3. Proclamation for the Brevard Symphony Orchestra's 50th Anniversary. CONSIDERATIONS: 4. Motion to Approve: Bid No. 03-04, Stormwater Improvements, Baffle Box Retrofit for International Drive. 5. Motion to Approve: Design/Build Proposal from Brown and Caldwell, Inc. for Wastewater Treatment Facility Improvements. 6. Motion to Approve: Designation of a Voting Delegate to the Florida League of Cities Annual Conference. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 - FAX(321) 799-3170 - www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 2 7. Motion to Approve: Purchase of a Radar Speed Trailer Utilizing Forfeiture Funds. ORDINANCES: Second Public Hearing: 8. Motion to Adopt: Ordinance No. 12-2003; Establishing Uniform Board Requirements for the Operation of City Boards. 9. Motion to Adopt: Ordinance No. 17-2003; Repealing Code Section 58-35, Relating to the City's Master Plan. ORDINANCES: First Public Hearing: 10. Motion to Approve: Ordinance No. 03-2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges, for second reading. 11. Motion to Approve: Ordinance No. 18-2003; Repealing Section 50-2 of the City Code and Creating a New Chapter 11; Providing for the Definition of Nudity as Prohibited by the Chapter, for second reading. 12. Motion to Approve: Ordinance No. 19-2003; Amending Section 110-171 of the City Code, Relating to Special Exceptions for the Sale of Alcoholic Beverages, for second reading. 13. Motion to Approve: Ordinance No. 20-2003; Amending Section 1-15 of the City Code, Relating to General Penalties, for second reading. RESOLUTIONS: 14. Motion to Approve: Resolution No. 2003-26; Increasing Garbage Rates. 15. Motion to Approve: Resolution No. 2003-27; Providing for a Six-Month Extension of the Evaluation Period for Commercial Sewer Rates. DISCUSSION: 16. Beautification Board Recommendations for a New City Hall Sign and Paving Stones and Landscaping Around City Hall. City of Cape Canaveral, Florida w„a City Council Regular Meeting July 1, 2003 Page 3 REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard” section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 17, 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 Recording Secretary Virginia Haas Asst. Public Works Director Walter Bandish Finance Director Andrea Bowers PRESENTATION: Summer Beautification Awards Mary Jo Laws, Vice Chairperson, Beautification Board presented the Summer Commercial Beautification Board Award to Doug Wilson Enterprises. Mr. Wilson introduced his wife and thanked the City Council for recognizing that the area had been beautified. 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. 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, however Mr. Gene Petre asked for an elaboration on the location of the Easement. A motion was made by Mr. Morgan and seconded by Mr. Hoog to approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2003 Page 2 of 7 CONSIDERATIONS: 3. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers. Ms. Bowers explained that the fines and forfeitures decrease would be researched by the County Clerk's Office. The City of Cape Canaveral is not being properly indicated on the fines. There will be a special project by the County Clerk's Office to correct the past errors. Mayor Pro Tem Petsos questioned the equipment maintenance for the electric cart. Mr. Boucher replied that the electronic components were damaged and the City is responsible for maintenance. Once repaired, City Council requested that the Sheriffs Department utilize this vehicle. Mayor Randels questioned impact fees regarding certificates of occupancy. Ms. Bowers explained impact fees are lagging because they are now paid when the certificate of occupancy is issued. Mr. Petre inquired about checks and balances to which Ms. Bowers affirmed that each permit is tracked. A Motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve the Quarterly Treasurer's Report and Budget Transfers. 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. 4. Motion to Approve: 319 Stormwater Grant Application. Mayor Randels explained the installation location of the baffle boxes as Holman Road, Center Street and W. Central Boulevard and mentioned possibly obtaining a matching grant from Department of Transportation. The total project cost is $439,003 and the City's match is $175,601. There was discussion about the Holman Road homeowner's association assuming ownership of the road. Mr. Boucher stated that during the design phase they would meet with Holman Road residents to advise them of the installation of the baffle box and talk with them about the road. Mayor Randels questioned the 29% engineering services. Mr. Gordon England, Berryman & Henigar, Inc. explained that this number is not locked in, it is just a planning number. Mayor Pro Tem Petsos questioned the Center Street development and Cape Canaveral Hospital contribution to this project. Mr. Boucher responded that he would check with them again, after HB601 becomes law, due to the City's backing of the Cape Canaveral Hospital. Mayor Pro Tem Petsos asked about street right of ways and whether the City would work with the developers on existing sidewalks. Mr. Boucher stated he would contact Towne Realty. Mayor Pro Tem Petsos commented on ensuring that the grant was accurate and complete. There was no public comment. A motion was made by Mr. Morgan and seconded by Mr. Treverton to approve the 319 Stormwater Grant Application. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 5. Motion to Approve: Ordinance No. 12-2003; Establishing Uniform Board Requirements for City Boards,for second reading. City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2003 Page 3 of 7 Mayor Randels read Ordinance No. 12-2003 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 UNIFORM PROCEDURES REGARDING THE OPERATION OF CITY BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF ALTERNATE MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels summarized the proposed changes to the audience. Council requested that the City Clerk's Office stagger the board's terms. Attorney Garganese stated that a provision could be added which allows the Council to establish less than three-year terms in order to create staggering terms. Mr. Nicholas recommended that each Board's rules of procedures be reviewed and approved by City Council. Council commended Attorney Garganese on covering all addressed points. Attorney Garganese stated that in addition, this ordinance repeals the ex-officio member appointment and conflict of interest, which is covered by the State. Mr. Treverton requested that Library Board agendas and minutes be distributed or posted to the City's Web Site. Attorney Garganese responded to Ms. Judy Hale that regular attendance applies to all board members including alternates. A motion was made by Mr. Hoog and seconded by Mayor Randels to approve Ordinance No. 12-2003. The vote on the motion carried 5-0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr.Treverton, For. 6. Motion to Approve: Ordinance No. 17-2003; Repealing Section 58-35 of the City Code, for second reading. Mayor Randels read Ordinance No. 17-2003 by title: 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. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to approve Ordinance No. 17-2003. 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. RESOLUTIONS: 7. Motion to Adopt: Resolution No. 2003-21; To Officially Name a New Street Extension King Neptune Lane. Mayor Randels read Resolution No. 2003-21 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; TO OFFICIALLY APPROVE A STREET EXTENSION TO KING NEPTUNE LANE, LOCATED WITHIN City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2003 Page 4 of 7 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. Mayor Randels questioned if these private road signs met City sign specifications? Mr. Boucher explained that the City installs signs where a private road abuts a public road. City Council could review street signs within a private subdivision if there were a problem. A motion was made by Mr. Hoog and seconded by Mayor Pro Tem Petsos to adopt Resolution No. 2003-21. The vote on the motion carried 5-0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr.Treverton, For. 8. Motion to Adopt: Resolution No. 2003-22; To Officially Name Streets within Bayport Townhomes. Mayor Randels read Resolution No. 2003-22 by title: 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. A motion was made by Mr. Morgan and seconded by Mr. Hoog to adopt Resolution No. 2003-22. The vote on the motion carried 5-0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Adopt: Resolution No. 2003-23; To Officially Name Streets for Solana on the River. Mayor Randels read Resolution No. 2003-23 by title: 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. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to adopt Resolution No. 2003-23. The vote on the motion carried 5-0 as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Mr. Boucher questioned if Council desired to rename Center Street. Council agreed to conduct an interest poll, and then meet with the occupants of the street. City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2003 Page 5 of 7 10. Motion to Adopt: Resolution No. 2003-24; Approval of Final Plats for All Shores Townhomes, Phases I & 11, Lots 13 and 14. Mayor Randels read Resolution No. 2003-24 by title: A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL PLAT OF "ALL SHORES TOWNHOMES, PHASES I AND II"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. The location of All Shores Townhomes was explained to Mr. Petre. Mr. Morgan and Mr. Hoog reported that they have both filed conflict of interest forms, which are attached hereto and made part of these minutes. Mayor Randels addressed the minimum lot size of 6,250 ft. Mr. Morgan explained that the parcel is a legally non-conforming lot of record. Attorney Garganese advised that Council should revisit the inconsistencies in Chapter 110 during the code review process. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Petsos to adopt Resolution No. 2003-24. The vote on the motion carried 3-2 as follows: Mr. Hoog, Abstain; Mr. Morgan, Abstain; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher announced the Wednesday/Friendsday on July 2, 2003 at the Radisson from 5:30—7:30 P.M. • Mr. Boucher reported that the League of Cities Conference begins August 14, 2003 in Lake Buena Vista, and encouraged City Council Members to attend. 2. Staff City Clerk • No Report Public Works Director • No Report City Attorney • Attorney Garganese reported on the Milliken case noting that there is still a question regarding the removal of the bees and he will continue with the court case or a settlement agreement with Mr. Milliken if he desires to cooperate with the City. 3. City Council Mr. Hoog 0 No report City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2003 Page 6 of 7 Mr. Morgan • Mr. Morgan reiterated that beach end re-use lines would be compatible for residential use. Mr. Boucher will review with the Public Works Director and report back. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos reiterated working with Mr. Bob Baugher on sidewalk installation. Mayor Randels • Mayor Randels recognized the new philosophy in the Building Department and thanked Todd Morley for his response to resident's questions. • Mayor Randels thanked and recognized the City Attorney for the brief update to the City Manager on the previous Planning &Zoning Board Meeting. • Mayor Randels updated the Council on the meeting hosted by the Shorewood Condominiums Homeowner's Association. • Mayor Randels asked if there was any interest in contributing funds to the Cocoa Beach Fireworks display. • Mayor Randels recognized City resident, Bill Eppley for playing harmonica at the Sheriffs Special Olympics. • Mayor Randels requested directional signs at the Port to encourage visitors to use Al A rather than Atlantic Avenue. • Mayor Randels asked for the status of the Ridgewood Avenue extension stormwater retention area. Mr. Boucher stated that the City Engineers are completing the concept and will be presented to City Council in July. • Mayor Randels explained the current status of the Brevard Tomorrow program. • Mayor Randels alerted Council that a new law is now being enforced. The law asks drivers to pull over if possible to avoid emergency vehicles. • Mayor Randels explained the new x-ray machine the bomb squad is now utilizing. • Mayor Randels commented on the current vacancies on the Boards noting that the Library and Planning &Zoning boards have no vacancies. • Mayor Randels noted the final report of the Clean Fuel of Florida Board and distributed information regarding the Path to Alternative Transportation. • Mayor Randels asked Attorney Garganese to research the City election qualifying periods as to when they close. AUDIENCE TO BE HEARD: • Mr. Leo Nicholas commented on the City's 40-year banners and suggested donating them to former Mayors. Mr. Boucher responded they would be used during City Events. • Ms. Shannon Roberts thanked Mayor Randels and Mr. Boucher for the Solana Lakes meeting regarding neighboring communities and that she is working with Mr. Boucher and volunteers on a new space shuttle for City Hall. City of Cape Canaveral, Florida City Council Regular Meeting June 17, 2003 Page 7 of 7 ADJOURNMENT: There being no further business the meeting adjourned at 9:10 P.M. Rocky Randels, MAYOR Virginia Haas, RECORDING SECRETARY FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORn =M 7EE MAIL( ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON -Q Ko WWHICH I SERVE IS A UNIT OF: CITY COUNTY O CITY ❑COUNTY ❑OTHER LOCAL AGENCY eA-1 44" X4-1(_ V NAME OF P (TICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED ` MY POSITION IS: 6-1-7- C73-30"ELECTIVE 0 APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). • t w • w * • x x ♦ • • + e w + ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, hereby disclose that on /Z 20 (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; N_ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or ___ inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Z7-- f Date TJ:t.Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 86-EFF.1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MID LE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE d? ,FSC E MAI}ING ADDRESS _ THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON L1 / 1 WHICH I SERVE IS A UNIT OF: CITY �+ OV (s (/ COUNTY {� ITY ❑COUNTY ❑OTHER LOCAL AGENCY (2.-ls IQ z R n�� �/E 2�G Z_ NAME OF POLITICAL SUBD ISION: DATE ON WHICH VOTE OCCURRED L MY POSITION IS: ? ,k"ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county,city, or other local level of government on an appointed or elected board,council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. * * # * * * # * # * * # * * # APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B-EFF.1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I,�114 �_ 1y��] jj--,hereby disclose that on_�Q 20 In : (a)A measure came or will come before my agency which(check one) inured to my special private gain or loss; ___ inured to the special gain or loss of my business associate, _— inured to the special gain or loss of my relative, —_ inured to the special gain or loss of —____—___— —___—___ by whom I am retained;or ___ inured to the special gain or loss of------- __,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: iJ T 7v R Date Filed ignature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 813-EFF.1/2000 PAGE 2 E Meeting Type: Regular Meeting Date 07-01-03 W., AGENDA Hea&ng Consent Ad. MY OF Item 2 CAPE CANAVERAL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: EASEMENT AGREEMENT WITH ALBERT PRAETORIUS DEPT./DIVISION: WASTEWATER/PUBLIC WORKS Requested Action: City Council consider approval of an easement agreement with Albert Praetorius as recommended by the Planning &Zoning Board and the public works director. Summary Explanation& Background: See attached memo from the public works director. I recommend approval. Exhibits Attached: P&Z nmno dated 06-23-03;Public works director's memo and easement agreement City M e ' Office Department WASTEWATER/PUBLIC WORKS ca M\MYdt1)0ff.e-- n\council\meZt-'.ng\2003\07-01-03\praetorius.doc a [�f }g4 ACE Aid City of Cape Canaveral CITY CF CAPE CANAVERAL r 1 . te: June 23, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk ` 1 From: Bea McNeely, Chairperson, Planning & Zoning Board ` Re: Easement Agreement between the City of Cape Canaveral and Albert Praetorius, Parcel No. 24-37-26-CH-00000.0-0021.00 & 0022.00. ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board reviewed the above referenced proposed easement agreement at the meeting held on June 11, 2003 and unanimously recommended approval to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com MEMORANDUM TO: Todd Morley Building Official FROM: Ed Gardulski Public Works Director DATE: May 15,2003 SUBJECT: City Council Agenda Item for May 20,2003 Easement Agreement from Albert Praetorius Parcel NO: 24-37-26-CH-00000.0-0021.00 & 0022.00 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 July 24 1974 Banana Harbor Corporation constructed a lift station and sewer force main from, what is now called, Costa Del Sol Condominium Association, to the City of Cape Canaveral sanitary sewers system. Since this time,the ownership of the lift station and force main was transferred to the City of Cape Canaveral. This year, the City of Cape Canaveral was required to replace the aging sewer line. As the result of this maintenance project, it was discovered that some house keeping was needed to clean up and correct the required easement location. Mr. Praetorius authorized the attached easement. In addition, Mr. Praetorius had requested that Costa Del Sol Condominium vacation the old easement. Attached is an easement agreement between the City of Cape Canaveral and Albert Praetorius. The Planning and Zoning Board approved this Easement Agreement on May 10 2003. This document shall be recorded in public records after City Council approval. Recommend the approval the Sewer Easement Agreement between the City of Cape Canaveral and Albert Praetorius. Attachment CC: File �5Aii4ACE ids .° ' ' " City of Cape Canaveral ' ,yin41/4, _ _ 4 CITY OF CAPE CANAVERAL f': July 8, 2003 Brevard County Clerk of the Circuit Court P. 0. Box 2767 Titusville, FL 32780 Re: Easement Agreement —Albert E. Praetorius. Please record the enclosed easement agreement and forward the recorded documents to the Return To address. Please bill the recording charges to the City of Cape Canaveral. We will call you and make payment by credit card. Please call 321-868-1220/ 1221 if you need any assistance. Sincerel -K i Susan Stills, CMC City Clerk Enclosure 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX(321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com EASEMENT THIS INDENTURE made this day of 2003 by and between Albert E.Praetorius,of the County of Brevard, State of Florida,Grantor,and the City of Capekanaveral,a Florida municipality whose Post Office address is 105 Polk Avenue,Cape Canaveral,Florida,32920,located in Brevard County,Florida,Grantee: WITNESSETH That for and in consideration of the sum of One Dollar($1.00)and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby grants,sells and conveys unto the Grantee,its successors and assigns,an easement along,under,over and across certain real property located in Brevard County,Florida more particularly described on Exhibit"A"attached hereto(Servient Estate). The easement shall be described as that portion of the Servient Estate Lot 21 &Lot 22 Banana River Estates PB 10,PG 1. The purpose of the Easement granted herein is more specifically set forth as follows: 1. The perpetual right of the Grantee or its designee to construct,install,operate,maintain,repair,replace and remove sewer lines or pipes,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. 2. The purpose of this Easement is to provide for installation by Grantee and its public utility designees of public improvements as set forth in paragraphs 1 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. 3. Grantee and/or public utility designees 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 utilize said lands. 4. 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. 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 d year first above written. Signed in the presence of: Grantor STATE OF FLORIDA COUNTY OF BREVARD ON THIS DAY,personally appeared before me,the undersigned authority, ,to me well known to be the person(s)described in and who executed the foregoing easement,and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed. /�''' IN lWITNESS THE S WHEREOF,I have hereunto set my hand and official seal in the State and County aforesaid this Zz day of 2003. • Marianne T Huslon *My CgnmaWon CC884102 NOTARY P` a dt age My Commission Expires: EXHIBIT "A" 1"—.60, N N to to CV Q U) to N N 0- N O - W Z 0 Z J W N LLI LL O Ckf W R/W LINE A-1-A W o LOT 22 N BANANA RIVER ESTATES PB 10= PG 1 5' UTILITY EASEMENT z '--POINT OF TERMINUS DATED 7/24/74 BETWEEN' U PRAETORILIS & BANANA HARBOR CORPORATION N 01'17'01"W.48.40' /- N LINE GL 2 ORB 956, LOT 21 PG 261 BANANA RIVER ESTATES PB 10 PG 1 LOT 21 N 03'03'35"E 39.59' BANANA RIVER ESTATES N 09'47'55"E 52.84' PB 10 PG 1 2•S' 2 5' 0'00'00"W 556.1 ' S LINE LOT 21 POINT OF COMMENCE ENT POINT OF BEGINNING INTERSECTION OF S LINE LOT 21 & COSTA DEL SOL W R/W LINE PHASE XI. HIGHWAY A-1-A ORB 3009, PG 2139 / COSTA DEL SOL PHASE VII ORB 2365, PG 552 BANANA RIVER .BOULEVARD 60' R/W ORB 1666 PG 995 60 0 t 60 GRAPHIC SCALE 1" = 60' REVISEI v 4107/03 DJ DESCRIP.TLON AND OKAYING REVISE- U 3/24/03 DJ DESCRIPTUN AND BRAVING SKETCH OF DESCRIPTION Stott ler Stdgq t Assoc i ate THE CITY OF Architects &V i veers ,Planners, Iris• CAPE CANAVERAL Deo KA*to.rttc A�.Oov"Csmvamt.rtdszseomom BREVARD COUNTY, (3207837i3E0 FAX 0321)703-7063 L!6700 FLORIDA DATF0 11 25/02 JOY R 02-0068 DVC!DJ'CW 3"S SHEET 1 OF 2 DESCRIPTION: PREPARED BY THE SURVEYOR AN 5.00 FOOT UTILITY EASEMENT, BEING 2.50 FEET EITHER SIDE OF THE - FOLLOWING DESCRIBED CENTERLINE, BONG A PORTION OF LOT 21, BANANA 1 RIVER ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10 PAGE 1 OF THE PUBLIC RECORDS OF BREVARD•-COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT INTERSECTION OF THE SOUTH UNE OF SAID LOT 21 AND THE. WEST RIGHT OF WAX UNE OF HIGHWAY A-1-A; THENCE N 90'00'00"W, ALONG THE SAID SOUTH UNE OF LOT 21, FOR A DISTANCE OF 556.18 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE N 09'4755"E, FOR A DISTANCE OF 52.84 FEET; THENCE N 03 03'35" E, FOR A DISTANCE OF 39.59 FEET; THENCE N 01'17'01"W. FOR A DISTANCE OF 48.40 FEET MORE OR LESS TO AN INTERSECTION WITH THE SOUTH LINE OF A 20 FOOT RIGHT OF WAY AS DESCRIBED IN OFFICIA RECORDS BOOKS 122, PAGE 552 OF THE PUBLIC RECORDS OF BREVARD COUNTY. FLORIDA. AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. SIDE LINES TO BE LENGTHENED OR SHOTENED TO MEET AT ALL ANGLE POINTS AND TO INTERSECT NTH THE SAID SOUTH UNE OF LOT 21 AND TO INTERSECT WITH THE SAID SOUTH UNE OF THE 20 FOOT. RIGHT OF WAY. SURVEYOR'S NOTES: 1. THE SURVEYOR HAS NOT ABSTRACTED THE LANDS SHOWN HEREIN FOR EASEMENT AND/OR RIGHTS-OF-WAY OF RECORD OTHER THAN AS SHOWN. 2. NO UNDERGROUND INSTALLATION OF IMPROVEMENTS:OR FOUNDATIONS HAVE BEEN LOCATED EXCEPT AS SHOWN HEREON. 3. THE BUILDING ASID/OR FENCE TIES IF SHOWN ON THIS SURVEY SHOULD NOT BE USED. TO RECONSTRUCT PROPERTY LINES. 4. THIS MAP IS, NOT A SURVEY. 5. BEARINGS BASED ON ASSUMED. DATA, THE SOUTH UNE OF LOT 21. BANANA RIVER ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 1 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AS N 90'00'00" W. LEGEND (L CENTERLINE DEGREES E EAST FEET WHEN USED IN A: DISTANCE LB STATE OF FLORIDA CORPORATE NUMBER MINUTES WHEN USED IN A BEARING +/- MORE OR LESS N NORTH ORB 01 F11CIAL RECORDS BOOK PG PACE PLS PROFESSIONAL LAND SURVEYOR R RIGHT S SOUTH OF WAY SECONDS WHEN USED IN A BEARING W WEST . THIS DESCRIPTION tS FOR AND ONLY FOR THE FOLLOWING: j CITY OF CAPE CANAVERN., FLORIDA NOT CIF ME SKMTURE L)C AND THE ORIGKAL Z � .4RVEYOR AND MAPPER DAVID ROY 40NE P.LS. FLORIDA REGMTRATION NO, 4301 SKETCH OF DESCRIPTION Stott ter Stagg & Assoc 1 ates THE CITY OF Architects Engineers Planners, Inc CAPE CANAVERAL OM KAtiv,tfCAvt.,0"c�.*mt.vt.32 BREVARD COUNTY, (320783-1320 FAX <320783-7065 FLOR I DA - `e 6700 SHEET 2 OF 2 EASEMENT THIS INDENTURE made this;)- ay of 2003 by and between Albeit E.PraetOrius,of the County of Brevard, State of Florida,Grantor,and the City of Cape anaveral,a Florida municipality whose Post Office address is 105 Polk Avenue,Cape Canaveral,Florida,32920,located in Brevard County,Florida,Grantee: WITNESSETH That for and in consideration of the sum of One Dollar($1.00)and other good and valuable considerations,receipt of which is hereby acknowledged,the Grantor hereby grants,sells and conveys unto the Grantee,its successors and assigns,an easement along,under,over and across certain real property located in Brevard County,Florida more particularly described on Exhibit"A"attached hereto(Servient Estate). The easement shall be described as that portion of the Servient Estate Lot 21 &Lot 22 Banana River Estates PB 10,PG 1. The purpose of the Easement granted herein is more specifically set forth as follows: 1. The perpetual right of the Grantee or its designee to construct,install,operate,maintain,repair,replace and remove sewer lines or pipes,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. 2. The purpose of this Easement is to provide for installation by Grantee and its public utility designees of public improvements as set forth in paragraphs 1 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. 3. Grantee and/or public utility designees 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 utilize said lands. 4. 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. 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 ar first above written. Signed in the presence of: Grantor / STATE OF FLORIDA COUNTY OF BREVARD /� � 16 D ON THIS DAY,personally appeared before me,the undersigned authority, (�X �&�to me well known to be the person(s)described in and who executed the foregoing easement,and they acknowledged before me that they executed the same freely and voluntarily and for the purpose expressed. IN WITNESS WHEREOF,I have hereunto set my hand and official seal in the State and County aforesaid this day of 2003. .02N Marianne T Huston * *My ConvWssion CC884102 NOTAR _L�, tate o�on'da11 0 at Large My Commission Expires: EXHIBIT "A" 1'= 60' N N to to L a Ln N N IL m N w CV O 03 LaJ W J W N WV) Lal a 0 Of W R/W LINE A-1—A w o LOT 22 `4 BANANA RIVER ESTATES PB 10 PG 1 5' UTILITY EASEMENT z OINT OF TERMINUS DATED 7/24/74 BETWEEN- U PRAETORIUS & BANANA HARBOR CORPORATION N 01'17'01"W- 48.40- /— N LINE GL 2 ORB 956, LOT 21 PG 261 BANANA RIVER ESTATES PB 10 PG 1 N 03'03'35"E 39.59' LOT 21 BANANA RIVER ESTATES N 09'47'55"E 52.84' PB 10 PG 1 2.5' 2.5' N 0'00'00'W 556.1 ' N* S LINE LOT 21 POINT OF COMMENCEMENT POINT OF BEGINNING INTERSECTION OF S LINE LOT 21 & COSTA DEL SOL W R/W LINE PHASE XI. HIGHWAY A-1—A ORB 3009, PG 2139 COSTA DEL SOL PHASE VII ORB 2365, PG 552 BANANA RIVER .BOULEVARD 60' R/W ORB 1666 PG 995 60 0 60 GRAPHIC SCALE 1 MVISE* 2) 4/07/03 UJ DUMIPTla+Iwo OWING REVISE. 1) 3/24/03 DJ DESCRIPTION AND BRAYING SKETCH OF DESCRIPTION Stottler Stagg.& Associates THE CITY OF Ntects Engineers Planners, Inc :dy Z CAPE CANAVERAL ego w.Ataonac*".,cop.cw K.b1.P1a.3Z4t0 BREVARD COUNTY, (321)703-f=FAX 1320703-7065 Li 6700 FLORIDA DATEw 11/23/02 JOB B 02-0068 DWG Nu'CW BNS SHEET I OF 2 DESCRIPTION: PREPARED BY THE SURVEYOR AN 5.00 FOOT UTILITY EASEMENT, BEING 2.50 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, BEING A PORTION OF LOT 21, BANANA RIVER ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10 PAGE 1 OF THE PUBLIC RECORDS OF BREVARD-CUUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT INTERSECTION OF THE SOUTH UNE OF SAID LOT 21 AND THE WEST RIGHT OF WAY UNE OF HIGHWAY A-1-A; THENCE N 90'00'00"K ALONG THE SAID SOUTH UNE OF LOT 21, FOR A DISTANCE OF 556.18 FEET, TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE N 09'47'55"E, FOR A DISTANCE OF 52.84 FEET; THENCE N 03'03'35" E, FOR A DISTANCE OF 39.59 FEET; THENCE N 01'17'01"W, FOR A DISTANCE OF 48.40 FEET MORE OR LESS TO AN INTERSECTION WITH THE SOUTH UNE OF A 20 FOOT RIGHT OF WAY AS DESCRIBED IN OFFICIA RECORDS BOOKS 122, PAGE 552 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AND THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. SIDE LINES TO BE LENGTHENED OR SHOTENED TO MEET AT ALL ANGLE POINTS AND TO INTERSECT NTH THE SAID SOUTH LINE OF LOT 21 AND TO INTERSECT WITH THE SAID SOUTH UNE OF THE 20 FOOT. RIGHT OF WAY. SURVEYOR'S NOTES: 1. THE SURVEYOR HAS NOT ABSTRACTED THE LANDS SHOWN HEREIN FOR EASEMENT AND/OR RIGHTS-OF-WAY OF RECORD OTHER THAN AS SHOWN. 2. NO UNDERGROUND INSTALLATION OF IMPROVEMENTS OR FOUNDATIONS HAVE BEEN LOCATED EXCEPT AS SHOWN HEREON. 3. THE BUILDING AND/OR FENCE TIES IF SHOWN ON THIS SURVEY SHOULD NOT BE USED TO RECONSTRUCT PROPERTY LINES. 4. THIS `MAP IS NOT A SURVEY. 5. BEARINGS BASED ON ASSUMED DATA, THE SOUTH UNE OF LOT 21, BANANA RIVER ESTATES, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 1 OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA, AS N 90'00'00" W. LEGEND q- CENTERLINE V DEGREES E EAST ' FEET WHEN USED IN A. DISTANCE LB STATE OF FLORIDA CORPORATE NUMBER MINUTES WHEN USED IN A BEARING +/- MORE OR LESS N NORTH ORB OFFICIAL RECORDS BOOK PG PACE PLS PROFESSIONAL LAND SURVEYOR R/W RIGHT OF WAY S SOUTH i SECONDS WHEN USED IN A BEARING l W WEST THIS DESCRIPTION IS FOR AND ONLY FOR THE FOLLOWING. CITY OF CAPE CANAVERAL. FLORIDA NOT THE SIGNATURE AND THE ORIGINAL SED OF ORIOA !JC AND MAPPER O DAVID ROY JON P.LS. FLORIDA REGISTRATION NO. 4301 SKETCH OF DESCRIPTION Stott ler Stagg & Assoc i ates THE CITY OF Architects Engineers Ptormers, Inc CAPE CANAVERAL eceo i �u « WSW BREVARD COUNTY, (320783-1320 FAX (320783- LD 32 - Le SZooFLORIDA SHEET 2 OF 2 AS WHEREAS,the Brevard Symphony Orchestra performed Its first concert with The Northrup Glee Club in 1954 and called themselves the Brevard Light Concert Orchestra;and WHEREAS, concerts were hold regularly over the next several years, in 1966 the Brevard Symphony Orchestra incorporated as a non-profit organization and in 1969 a Board of directors from the community was formed;and WHEREAS, Brevard Symphony Orchestra is a true county-wide organization providing opportunities for hundreds of volunteers, reaching out to the community with free concerts, is a driving force in music education in Brevard County; and WHEREAS, Brevard Symphony Orchestra while contributing great music and Improving the quality of life for everyone In our community will be celebrating its 50th anniversary during the 2003-2004 season; and WHEREAS, Brevard County is fortunate to have its very own professional orchestra to improve the quality of life for us all, our City urges everyone to continue to support the Brevard Symphony Orchestra by participating In its many programs; and NOW THEREFORE, the Council of the City of Cape Canaveral does hereby proclaim July 1, 2003 through June 30,2004 to be a "Season for Everyone"recognizing 9REVARD SYMPHONY ORCHESTRA'S 50th ANNIVERSARY Page 1 Of 1 Rocky Randels From: Fran Delisle[fdelisle@brevardsymphony.com] Sent: Monday, June 09, 2003 2:27 PM To: Rocky-cape@cfl.rr.com Subject: Proclamation Thanks so much, Rocky,for all your work on this Proclamation. Yours reads so much better than mine-I love it just the way it is. I would offer to come to one of your meetings and receive this personally, however, my husband is undergoing chemo therapy and my schedule is just a little crazy right now. I apologize but want you to know who much I appreciate your support of the BSO. Thanksl Fran S. Delisle Executive Director Brevard Symphony Orchestra fdelisle_@brevardsymphony.com Brevard eS in hon Orc �- y P y he'stra FRAN S. DELISLE Executive Director 01 1500 Highland Ave. (321)242-2024 P.O.Box 361965 FAX(321)259-4716 Melbourne,FL 32936-1965 E-mail:ideliisle@brevardsYmPPYh�Ycom orry.com 6/9/2003 Meeting Type: Regular Meeting Date 07-01-03 r =;g '' 's ; AGENDA ? s � s Considerations CITY OF CAPE CANAVERAL Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: BID NO. 03-04, STORMWATER IMPROVEMENTS, BAFFLE BOX RETROFIT FOR INTERNATIONAL DRIVE DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the award of Bid No. 03-04, stormwater improvement, International Drive baffle box retrofit to the low bidder, Jobear/Warden Construction, in the amount of$76,250 as recommended by the public works director. Summary ExplanItion& Background: This project is being funded with a cost share grant from the St. Johns River Water Management District. See attached memo from the public works director. I support the public works director's recommendation. Exhibits Attached: Public works director's memo of 06-24-03;Grant scope of work City Man ffice Department PUBLIC WORKS cape- m\mydoc ent in\council ting\2003\07-01-03\03-04.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: June 24,2003 SUBJECT: City Council Agenda Item,July 1,2003 Bid 03-04 Award Stormwater Improvement, International Drive Baffle Box Retrofit The City of Cape Canaveral received a St River Water Management Stormwater Matching Grant in the amount of$112,778. With this grant the City of Cape Canaveral had agreed to install a Baffle box at a location to improve water quality of stormwater that flows to the Banana River. On August 6th 2002, City Council approved the Cost Share Agreement with St. Johns Water Management District for the installation of the International Drive Baffle Box. This baffle box system was to be installed at the end of International Drive near the outfall. The City of Cape Canaveral advertised Bid 03-04, see attached advertisement. On the Scheduled time and date Monday, June 23, 2003 the City received 4-(four) Bidders. Jobear/Warden Construction, Inc was low bidder in the amount of$76,250. Jobear/Warden is located in Palm Bay and the firm has completed similar projects for the City of Melbourne. Recommend awarding Bib 03-04 to Jobear/Warden Construction Inc in the amount of $76,250 and the appropriation of the necessary funding. Attachment CC: File City of Cape Canaveral, Florida RESULTS OF BID OPENING DATE: ,, tej o 3 T TIME: ms's PLACE: I r 1 Staff Present:,=�,5w c,1J- 85 Ci4x C°%'r k GUAi-fev 6wdij 4, t155�`3 w7 '+�a�c'� !,(/oviCs Alee� vr ITEM(S)FOR WHICH BIDS WERE RECEIVED: REQUEST FOR PROPOSAL NO. fes( 63 -d Lf COMPANY CITY&STATE �lv�d 9 J`evwces, TnC� . Qr ldhdo, FL g� C c' L -►`bbd f -�P�,STfQ, -��. Ft /�3, a(00, 6 INVITATION FOR BIDS FOR Stormwater Improvements, Baffle Box Retrofit International Drive Bid No. 03-04 The City of Cape Canaveral is a political subdivision of the State of Florida with a population of 9,500 with approximately 1.9 square-miles within its City limits. The City will accept written bids from qualified and properly licensed contractors interested in the purchase/construction/and retrofit installation of a Stormwater baffle box. Qualified firms will be knowledgeable, competent and experienced in drainage construction and traffic safety. Contractors with demonstrated expertise in this field are invited to submit a bid. Instructions for bid may be obtained from City Clerk, Cape Canaveral City Hall, 105 Polk Avenue Cape Canaveral 32920 (321) 868-1221. Proposals shall be accepted until Monday, June 23, 2003 at 3:00 p.m. at which time Bids shall be opened. The contractor performing this service shall have a strong background in providing a positive working relationship with City, a Mayor/Council and City Manager type government and a history of construction of municipal Stormwater systems. Reviewing and ranking of the firm's proposals will be by the Public Works Director and the City's Engineer. There will not be a need for any presentation by firms. However, there will be a Pre-Bid Meeting to answer all questions to be held at the City Annex, 111 Polk Avenue, on Tuesday, June 17, 2003 at 10:00 A.M. The final selection will be presented to the City Council. The City reserves the right to withdraw this Request for Bid or any portion at any time to protect its best interest. Inquiries concerning this proposal should be directed to Ed Gardulski, Public Works Director, at (321) 868-1240 or to the City of Cape Canaveral Engineer, Stottler Stagg &Associates located a 8680 North Atlantic Avenue, Cape Canaveral, Florida 32920-1630 or by contacting John Pekar at (321) 783-1320. The Public Bid Opening shall be held at 3:15 Monday, June 23, 2003 at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. t International Drive Drainage Improvements i City of Cape Canaveral, Florida SSA Job No. 02-0063 SECTION 00300 BID } For City of Cape Canaveral International Drive Drainage Improvements Cape Canaveral,`Florida Submitted in Triplicate: �i SIDE 23 ,2003 City Clerk, City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 1 Gentlemen: 1 The undersigned,as Bidder,hereby declares that the only person or persons interested in the Bid,as principal j or principals,is or are named herein and that no other person than herein mentioned has any interest in the Bid of the Contract to which the work pertains;that this Bid is made without connection or arrangement with any other person, company,or parties making a bid and that the Bid is in all roopccts fair and mado In good faith i without collusion or fraud. I The Bidder further declares that he has examined the site of the work and has fully satisfied himself that such site is a correct and suitable one for this work and he assumes full responsibility therefore. This determination was made based on his personal knowledge and experience and/or having made sufficienttest holes and other subsurface investigations. The bidder states that he has examined the Drawings and Specifications for the work and based on his own experience or professional advice, he has determined that the Drawings and Specifications are sufficient for the work to be done and that he has examined the other Contract Documents- and all addenda relating thereto,including the Advertisement for Bids, Instructions to Bidders, Bid, Bid Bond, Noncollusion Affidavit of Prime Bidder,Public Entity Crimes,Contract,Performance,Payment and Maintenance Bonds,Certificate of Insurance,General Conditions,Special Conditions,Technical Specifications,Appendices, and Drawings and has read all addenda prior to the receipt of bids, and that he has satisfied himself fully, j relative to all matters and conditions with respect to the work to which this Bid pertains. i The Bidder proposes and agrees,if this Bid is accepted,to contract with the City of Cape Canaveral in the form I of contract specified,to furnish all necessary materials,equipment,all necessary machinery,tools,apparatus, means of transportation,and labor necessary to complete the work specified in the Bid and the Contract,and called for by the Drawings and Specifications and in the manner specified. i I In full and complete accordance with the shown, noted,described,and reasonable intended requirements of i the plans and specifications and Contract Documents to the full and entire satisfaction of the Owner,with a definite understanding that no money will be allowed for extra work except as set forth in the attached General i Conditions, and Contract Documents, for the Lump Sum of�VTy SXTHoOSRVJD TWO hVArr&lYF1F7 YUUAQs ($ 2 oo which sum is designated as the BASE BID. ZE2O ezNTS I Addendum Receipt: Bidders shall acknowledge the receipt of any and all addenda: I Addendum# Date f Addendum# Date Addendum# Date Addendum# Date The required Bid Deposit in the sum of(5%of bid) �, is enclosed. (Must be in the form of Bid Bond, Bank Draft, or Cashier's Check, Certified or Treasurer's Check payable to City of Cape BID 00300-1 i -r International Drive Drainage Improvements City of Cape Canaveral, Florida SSA Job No.02-0063 i 1 i Canaveral.) The bid will remain open and in full force for a period of forty-five (45) days after the time established forbid opening. The Bid Deposit shall be forfeited as liquidated damages in the event Bidder fails to provide the bond or execute the Contract Agreement as specified below. The Bidder agrees that the Owner reserves the right to reject this bid, or to waive informalities in any bid. The Bidder further proposes and agrees to commence work under its contract within ten (10)days from the issuance of the Notice to Proceed, and shall complete all work thereunder within seventy-five (75) calendar days..Liquidated damages will be assessed in the amount of four hundred dollars($400) per calendar day,for each day the Owner cannot fully occupy the system for all intended uses. The Bidder further proposes and agrees that,in case of failure on his part to execute said Contract and the Bid within ten (10) consecutive calendar days, after written notice being given of the award of the Contract,the check or bid bond accompanying this bid,and the monies payable thereon,shall be paid into the funds of City of Cape Canaveral,as liquidated damages for such failure;otherwise,the check or bid bond accompanying this proposal shall be returned to the undersigned. lThe Bidder further agrees to execute a Contract and furnish satisfactory Performance and Payment Bonds, each in the amount of one-hundred percent(100%)of the Contract price,within ten consecutive calendar days after written notice being given by the Owner of the aiva.rd of the Contract,and the undersigned agrees that in case of failure on his part to execute the said Contract and Performance and Payment Bonds within the ten consecutive calendar days after the award of the Contract,the cashier's check or Bid Bond accompanying his bid and the money payable thereon shall be paid to the Owner as liquidation of damages sustained by the Owner; otherwise, the Bid Security accompanying the Bid shall be returned to the undersigned after the i Contract is signed and the Performance and Payment Bonds are filed. The undersigned agrees to accept in full compensation therefore the total of the contract price for the lump sum price designated as the BASE BID. Absent a Change Order,'there shall be no increase in the lump sum payment. (� Name of Bidder A�� Bidders Occupational License Signature of Authorize fficer i Business Address _1950 bkftQ^ City�' LM 1�' `� State_E zip 3290 (I I 1 1 1 BID 00300-2 i i International Drive Drainage Improvements City of Cape Canaveral, Florida SSA Job No 02-0063 Name and Address of Surety or Sureties who will sign Bonds: i I Performance Bond ' AmEwai CA-SUALI► Co. o -N. , o. -13956 94Z9-7g 1 NA(TtArm FL 32794 Payment-Bond &ERWAd CA6tALTV Co. Of 'boc 9'9.8279 AMAbM FL �4 Maintenance Bond I AMSC S—,� oj� PA. o. "60x 9279 1 END OF SECTION 00300 i i i I I i i i f , BID 00300-3 i International Drive Drainage Improvements City of Cape Canaveral,Florida SSA Job No. 02-0063 SECTION 00480 NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ROR OA ) I County of BaF-V RIZ ) i 1 itt/� Nu being duly sworn,deposes and says that: (1) He iszX;hLTof `]�F+¢2/t�1I/ EAI,the Bidder that has submitted the attached bid: (2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, ha3 in any way colludod, oanoplrod, oonnlvod or agroed, directly or indirectly with any other Bidder,firm or.person to submit a.collusive or sham Bid in"connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract,or has in any manner,directly or indirectly,sought by contract,or has in any manner,directly or indirectly,sought by agreement or collusion or communication or conference with any other Bidder,firm or person to fixthe price or prices in the attached bid or of any other Bidder,or to fix any overhead,profit or cost element of the Bid price or the Bid priced any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Cape Canaveral, or any person interested in the Contract;and j (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy,connivance or unlawful agreement on the part of the Bidder or any of its agents,representatives, owners, employees, or parties of interest,including affiant. i Sworn to and subscribed before me this m05 _day ofE 1 i STATE OF .........Rm .-.QA........................ COUNTY OF ......5I.RE:! ................... . 1 Personally known .!-<................................................. OR Produced Identification ............................................ Notary Public-State of FL My Commission Expires /O/o&6/05 j (Type of Identification) (Printed,typed or stamped commission name of notary public) END OF SECTION 00480 EDNA H.PATTEN Notary Public.State of Florida my comm. expires Oct. 2, 2005 No.DD062216 I NONCOLLUSION AFFIDAVIT OF PRIME BIDDER 00480- 1 I Bond No. N/A BID BOND The American Institute of Architects, AIA Document No.A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS,that we Jobear/Warden Construction,Inc. as Principal hereinafter called the Principal, and American Casualty Co.of Reading Pa. as Surety,hereinafter called the Surety, are held and firmly bound unto City of Cape Canaveral as Obligee, hereinafter called the Obligee, in the sum of Five percent of the bid amount Dollars($5%of the bid ), for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for International Drive Drainage Improvements NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms,of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 23rd day of June 2003 Jobear/Warden Construction,Inc. rincipal (Seed) Witness By: Y`a�:e/;isle American Casualty Co.of Reading Pa. Surety --- (Seal) Witness By: James Howard Breen Attorney-in-Fact and Florida Resident Agent ORSC 21328(5/97) POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading.Pennsylvania,a Pennsylvania corporation(herein called "Ute CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint James H.Breen,Benjamin Craig Sibley,Barbara Vaccaro,Individually Of Maitland.Florida their true and lawful Attorney(s)4n-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory Instruments of similar nature --Inti Unlimited Amounts—for any and all surety bonds and any and all consents required by the State Department of and/or construction oram of the State Fbrida,incident to the release of retained percentages and/or estimates on engineering and/or constn�ction contracts.. and to bind them thereby as fully and to the same extent as.If such instruments were signed by a duly authorized officer of their corporations— and all the ads of said Attorney,pursuant to the authority hereby given Is hereby ratified and confirmed. This Power of Attorney Is made and executed pursuant to and by authority of the By4.aw and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 10th day of October.2001. Continental Casualty Company aaMarats �poMo9p�d National Fire Insurance Company of Hartford tz- B MX American Casualty Company of Reading,Pennsylvania Midhael Gengier Group Vice Preskient State of Illinois,County of Cook,ss: On this 10th day of October,2001,before me personally came Michael Gengier to me known,who,being by me duly swam,did depose and say.that he resides In the City of Chic,State of iitinois;that he is a Group Vice President of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford.a Connecticut corporation.and American Casualty Company of Reading, Pennsylvania,a Pennsylvania corporation described in and which executed the above Instrument;that he knows the seals of said corporations; that the seals affixed to the said Instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards 4 Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the ad and deed of said corporations. P• �� Y �t�Wk.�• ` a t�+sxtc 'iii�o,•�. My Commission Expires June 5.2004 Eileen T.Pachuca Notary Public CERTIFICATE 1.Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company.an Illinois corpora#6n.National Fire Insurance Company of Hartford.a Connecticut corporation,and American Casualty Company of Reading.Pennsylvania;a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth Is stilt in force,and further certify that the By-Law and Resolution of the Board of Directors of the corpora printed a hereof Is st n��in testimony whereof I have hereunto subscribed my name and affixed the seal of the said day 3 okot Continental Casualty Compariy National Fire Insurance Company of Hartford an American Casualty Company of Reading,Pennsylvania MY11.• Mary A.Ribikawskis Assistant Secretary (Rev. 1/23101) Contract#SF635AA EXHIBIT "A"—SCOPE OF WORK I. BACKGROUNDANTRODUCTION This project will install a large baffle box at the end of Intemational Drive in Cape Canaveral. It will improve water quality in the Indian River Lagoon/Banana River by capturing untreated stormwater flowing from State Road AIA and International Drive to the Indian River Lagoon/Banana River. The project will implement Best Management Practices with the installation of a large baffle box where stormwater currently flows untreated to the River. The drainage basin of the project area consists of 195 acres of commercial and residential property that is completely built out. The strategy proposed in the City of Cape Canaveral Master Plan for retrofitting this basin is to construct a baffle box along International Drive near the outfall. According to the Comprehensive Conservation and Management Plan for the Indian River Lagoon, the pollutants of concern for this area are suspended solids and nutrients. Using baffle boxes at outfalls has proven to be an effective Best Management Practice for treating suspended sediments. II. OBJECTIVE Installation of a large baffle box at the end of International Drive will enable the City to begin removing pollutants from some of the stormwater it discharges to the Banana River. III. SCOPE OF WORK/SERVICES: 1. All effort necessary to perform field design surveys for the installation of the baffle box, this will include soil borings. 2. All effort necessary to prepare design drawings and a bid package for the installation of the baffle box. 3. All effort necessary to select a qualified contractor to construct the baffle box. 4. All effort necessary to have the project construction and inspection conducted by a qualified engineering firm. The final product will be the installation of a large baffle box at the end of International Drive that will enable the City to begin removing pollutants from some of the stormwater it discharges to the Banana River. It is estimated that it will take 3-4 months for completion of the installation once the cost share agreements are finalized. IV, PROJECT TASKS: Task 1: Survey Project Site Description: The City's engineering consultant will prepare a complete survey of the baffle box location. Expected Results: A complete,efficient and cost effective survey. Page 9 of 12 Contract#SF635AA Deliverables: A complete survey of the project location. Task 2: Engineering Design Description: The City's engineering consultant will prepare design specification and construction documents for installation of a baffle box with an inlet along International Drive. (Post construction surface water monitoring will be conducted over a 1-year plus time frame, see Task 7 below.) The baffle box will be installed in existing drainage easements. Expected Results: A complete, efficient and cost effective design with permits. Deliverables: A complete set of design and construction drawings, construction specifications. Task 3 and 4: Prepare,Send,Receive,Evaluate and Award Construction Bid Description: City personnel will prepare, advertise for, send, receive, and evaluate bids for construction of the baffle box project site. An award will be made, contracts signed and notice to proceed given. Expected Results: A number of received competitive bids will be evaluated and a responsible low bid that is within budget will be selected. Deliverables: A construction contract with a Notice to Proceed given to the responsible low bidder. Task 5: Construction of Stormwater Facilities Description:The City's selected contractor will construct the baffle box and inlet. Expected Results: Complete and adequately constructed facilities. Deliverables: The acceptance of the facilities as completed facilities according to design. Task 6: Post Grant Project Administration Description: After the grant has been awarded, the City shall provide ongoing monitoring of project schedules to assure compliance with timelines outlined in the grant contract. Required grant monthly reports to SJRWMD, construction contract coordination with SJRWMD, Quality Assurance Monitoring plans, stormwater monitoring reports, and preliminary and final project reports will be written by the city. 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. Deliverables: Quarterly reports to SJRWMD, stormwater monitoring reports, and preliminary and final project reports will be written by CEI. Task 7: Implementation of Water Quality Monitoring Program 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 auto samplers at the inflow and outflow points of the baffle box. Expected Results: This monitoring plan will provide data for measuring the effectiveness of the use of a baffle box. Page 10 of 12 Contract#SF635AA Deliverables: Bi-monthly stormwater reports, storm event auto sampler reports, and twice-a-year stormwater analysis reports will be completed. Task 8: Implementation of Education Component Description: The public education component will include coverage of the project in the local newspaper, Florida Today. Press releases will be distributed upon project completion. Also, educational signage will be provided on site. Expected Results: The public education component will include coverage of the project in Florida Today newspaper. Also, educational signage will be provided. This component will be administered by the City. Deliverables: Information regarding the status of the project conveyed to the public. Photographs will be taken throughout the design and construction phases of the project. They will be provided with the final report. V. PROTECT BUDGET: TASKS CITY OF CAPE CANAVERAL SJRWMD TOTAL Task 1—Survey Project Site $2,000(cash-CC) $ $2,00( Task 2—Engineering Design $11,000(cash-CC) $3,OOC $14,00 Tasks 3&4—Bid&Award $2,000(in kind-CC) $ $2,00 Construction Contract Task 5—Construction $31,389(cash-CC) $38,389 $69,77 Task 6—Project $5,000(cash-CC $5,000 $10, Administration Task 7—Monitoring Program $ $10,000 $10,00 Task 8-Education $5,000(in kind-CC) $ $5,00 Component TOTAL $56,389 $56,389 $112,77 Task Completion Task 1, Survey Project Site June-Jul 2002 (1 month Task 2,Engineering Design June-Sept.2002 (3 months Task 3 &4,Bid&Award Construction Contract June-Dec. 2002 (6 months Task 5,Construction Dec.-Jan. 2003 (1 month after awarding bid Task 6, Project Administration Life of projec Task 7,Monitoring Program Jan.2003—Jan. 2004 (12 months afte construction ask 8.Education Component June 2002—June 2003 (12 months VI. PROJECT MANAGER Bennett Boucher, City Manager, or his designee. Tel (321) 868-1230 E-mail boucher-cage@Cfl.IT.com Fax (321) 868-1224 Page 11 of 12 Meeting Type: Regular 54d� Meeting Date 07-01-03 ,.• _� AGENDA ''''1` "3f Heaft Considerations CITY of Item 5 CAPE CANAVERAL No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: BROWN AND CALDWELL DESIGNBUILD PROPOSAL FOR WATER RECLAMATION FACILITY IMPROVEMENTS DEPT./DIVISION: WATER RECLAMATION/PUBLIC WORKS Requested Action: City Council consider the design/build proposal from Brown and Caldwell for the following facility improvements: 1. Sodium Hypochlorite Feed System-$250,947 quoted cost(to replace existing chlorine system) 2. Laboratory Ventilation Improvements-$33,460 quoted cost 3. Reclaimed Water System Improvements - $552,084 quoted cost (conversion of reject tank and (2) new PUMPS) Summary Explanation&Background: At the Goals & Objectives Meeting, City Council was interested in following up on replacing the chlorine feed system,so I asked for this proposal as well. The laboratory ventilation project relaxes to the proper disbursement of the exhaust plume as it leaves the building. The reclaimed water system improvements consist of(9) items related to the tank conversion and removal of the hydropneumatic tank. Ted Hortenstine will make a presentation showing the various stages of the design/build process, anticipated drawings and specification list,anticipated shop drawings and people involved with the project. Exhibits Attached: Proposal w/o exhibits City Mar Office Department WATER RECLAMATION/PUBLIC WORKS c I im\ ydo ume in\council\me \2003\07-01-03\designbuild.doc PROPOSAL TO PROVIDE DESIGN-BUILD SERVICES ENGINEERING AND CONSTRUCTION OF WASTEWATER TREATMENT SYSTEM IMPROVEMENTS CAPE CANAVERAL WATER RECLAMATION FACILITY The following sections describe the approach, scope of services, schedule and fee for the engineering services to be provided by Brown and Caldwell, and the construction services to be provided by The Haskell Company as a subcontractor for this project. PROJECT APPROACH The City of Cape Canaveral has chosen to implement recommended modifications and improvements to the existing water reclamation facility. The recommended modifications and improvements consist of the following: • Convert to liquid sodium hypochlorite from gaseous chlorine • Renovate existing laboratory ventilation system and improve stack discharge • Modify the existing reclaimed water storage and pumping system The City has decided to convert from the use of gaseous chlorine to liquid sodium hypochlorite as the final disinfectant. This conversion will eliminate the dangers associated with gaseous chlorine. Brown and Caldwell will develop a design in accordance with current FDEP regulations, and the system will be constructed by The Haskell Company in a manner that will maintain continuous operation of the existing chlorination system through the conversion process. The City had Micro Filtrations, Inc. perform a performance test on the existing laboratory ventilation system. Micro Filtrations, Inc. recommended that the discharge ductwork be renovated and that the discharge stack be extended to discharge above the roofline of the two-story part of the existing building. Micro Filtrations, Inc. also recommended that a scrubber system be installed on the discharge of the fume hood. Brown and Caldwell will design and permit the proposed improvements and The Haskell Company will construct and test these improvements. At this time, we do not recommend that a scrubber be installed until after the renovations have been performed and sufficient time has elapsed to determine whether one is needed. The installation of a scrubber is not included in this proposal. Based on the recommendations of the Reclaimed Water Improvement Study prepared by Brown and Caldwell, the City desires to increase the pumping capacity of the existing 1 CAWINDOWS\Temporary Internet Files\OLKE3A4013 Proposal for RW and NaOCI(Revised).doc reclaimed water pumping system. Also, in lieu of constructing a new 1.5 MG ground storage tank, the City wishes to utilize the existing 1.4 MG reject storage tank on an as- needed basis for additional operational storage. The use of the tank must be in accordance with current FDEP regulations. As such, Brown and Caldwell proposes to design system improvements and have The Haskell Company construct improvements consisting of the following: • Add two additional 50-HP Reclaimed Water Pumps. • Provide a Variable Frequency Drive that can be assigned to either pump via a selector switch. • Provide an automatic isolation valve between the existing reclaimed storage tank and the existing pumps. • Provide a new line connecting the existing Reject Storage Tank and the suction line to the reclaimed water pumps. An automatic valve will be placed in this line. • Provide a new line connecting the existing Reject/EQ Tank and the reclaimed water transfer line. An automatic valve will be placed in this line. • Provide an automated system that will meet the requirements of FDEP concerning the operation of the system. • Provide a cover on the existing reject storage tank to avoid the growth of algae during times when the tank is in use as a reclaimed water storage tank. • Provide a connection line with a reducing valve between the reclaimed water distribution pumps and the 1.0 MG reclaimed water storage tank to allow the pumps to be used to empty the 1.4 MG reclaimed/reject storage tank. • Remove and salvage the existing hydropneumatic tank. A process flow diagram, a list of equipment, associated piping sketches and manufacturer's information are included with this proposal as Appendix A. SCOPE OF SERVICES The following work activities will be performed: Task 1 —Review Available Data • Brown and Caldwell will review available design drawings and as-built information for the impacted areas. • Brown and Caldwell will visit the site to compare record information and survey data to the existing plant site. Site drawings will be prepared to reflect actual conditions. Task 2—Engineering Analysis and Recommendation 2 C:\WINDOWS\Temporary Intemet Files\OLKE3A4\DB Proposal for RW and NaOCI(Revised).doc • Engineered drawings will be prepared and will be submitted to the City along with performance information to document the proposed work to the City prior to construction. • Brown and Caldwell will submit shop drawings to the City for the proposed equipment. This will give the City a chance to offer comments prior to the ordering of equipment. • Brown and Caldwell will prepare the necessary permit applications and will respond to any requests for additional information that the permitting agency may have. Brown and Caldwell will be responsible for obtaining the necessary clearances to place the completed system into operation. • Brown and Caldwell will amend the existing Operations and Maintenance Manual to reflect the process modifications. Task 3 —Design Build Construction Brown and Caldwell, in conjunction with the Haskell Company out of Jacksonville, Florida, will proceed with the proposed construction of the process modifications. The recommended construction will be performed in accordance with the applicable state safety requirements and standard construction practices. The construction activities will be coordinated with the City so that operational disruptions are minimized. After construction is completed, Brown and Caldwell and The Haskell Company will assist in the start-up and troubleshooting of the process modifications. Training will be provided for the major equipment provided under this contract. PROJECT SCHEDULE Brown and Caldwell will complete the preliminary engineering work and submit the project drawings within one month of project authorization. Shop drawings will be provided within one month so that equipment may be placed on order. Also, a construction activity schedule will be provided at this time detailing the sequence and duration of the construction. The overall duration of the project will not exceed six months. In order to meet this schedule,the approval of several long-lead items such as the sodium-hypochlorite storage tanks and the reclaimed water pumps will need to be accelerated by several weeks. PROJECT FEE 3 CAWINDOWS\Temporary Internet Files\OLKE3A4\DB Proposal for RW and NaOCI(Revised).doc Brown and Caldwell proposes to perform the Scope of Services identified in this proposal for$836,491 plus a contingency amount of$58,640 to cover unforeseen items. The total contracted amount of$898,131 will cover the proposed work plus minor improvements requested by the City during construction, and unforeseen conditions encountered during construction. The City will be notified in writing when any of the contingency amount is needed. A detailed cost breakdown is included as Appendix B. 4 C:\WINDOWS\Temporary Internet Files\OLKE3A4\DB Proposal for RW and NaOCI(Revised).doc Work Item Amount Sodium Hypochlorite Feed System $ 250,947 Laboratory Ventilation Improvements $ 33,460 Reclaimed Water System Improvements $ 552,084 Subtotal $ 836,491 Contingency $ 58,640 Total Contract Amount $ 895,131 5� JK Meeting Type: Regular Meeting Date 07-01-03 c'y AGENDA 5. Heading Considerations pp4r� CITY OF CAPE CANAVERAL item 6 No. AGENDA REPORT CITY COUNCIL OF TRE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: DESIGNATION OF A VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES CONFERENCE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council designate a voting delegate to the Florida League of Cities Annual Conference held on August 1416, 2003. r Summary Explanation& Background: See attached correspondence from the Florida League of Cities. Please advise. Exhibits Attached: Florida League of Cities memo dated 06-10-03 City M g s Office Department LEGISLATIVE c kim\m documen in\council eting\2003\07-01-03\flc.doc FLORIDA LEAGUE OF CITIES, INC. MEMORANDUM AL TO: City Managers/City Clerks FROM: Michael Sittig, Executive Direct DATE: June 10, 2003 SUBJECT: 77th Annual Conference—Celebrating Our Cities! VOTING DELEGATE AND RESOLUTION INFORMATION August 14-16, 2003 Wyndham Palace Resort & Spa As you know, the Florida League of Cities' Annual Conference will be held at the Wyndham Palace Resort & Spa in Lake Buena Vista on August 14-16. This year's theme, Building Success Through Advocacy, will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. Registration materials have already been sent to each city. Call us if you need additional copies. We have attached the procedures your city should follow for presenting resolutions to the League membership. Resolutions and Voting delegate forms must be received by the League no later than July 31, 2003. Should you have any questions or need additional information, please feel free to call Allison Payne or Stephanie Scott at Suncom 278-5331 or (800) 342-8112. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough,Suite 300 • Post Office Box 1757 ♦ Tallahassee, FL 32302-1757 Telephone(850)222-9684 ♦ Suncom 278-5331 ♦ Fax(850)222-3806 ♦ Internet:www.ficities.com 77th Annual Conference Florida League of Cities, Inc. August 14-16, 2003 Lake Buena Vista, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 77th Annual Conference Wyndham Palace, Lake Buena Vista, Florida August 14-16, 2003 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates June 10, 2003 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee July 12 Appointment of Resolutions Committee Members July 15 Deadline for Submitting Resolutions to the League office July 25 Resolutions Mailed to Associations Confirming Nominees to the Resolutions Committee August 14 League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 16 Immediately Following Luncheon—Pick Up Voting Delegate Credentials Followed by Annual Business Session Meeting Type: Regular Meeting Date 07-01-03 AGENDA Heading Considerations CITY OF Item CAPE CANAVERAL 7 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PURCHASE OF A RADAR SPEED TRAILER UTILIZING FORFEITURE FUNDS DEPT./DIVISION: SHERIFF'S DEPA.RTMENT/PUBLIC SAFETY Requested Action: City Council consider the purchase of a Speed Guard Trailer in the amount of$11,985 utilizing forfeiture funds as recommended by the Sheriffs Department. Summary Expiangtion& Background: Funds are available for this purchase and it is consistent with the Florida Statutes in regard to the expenditure of forfeiture funds. See attached memo and quotes. I support his recommendation. Exhibits Attached: Acting Commander's memo dated 06-24-03 City M is Office Department SHERIFF'S DEPT/PUBLIC SAFETY kim\my ocum in\counc eting\2003\07-01-03\trailer.doc Sheriff Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE 700 Park Avenue • Titusville, Florida 32780-4095 (321) 264-5201 Fax (321) 264-5360 Member June 24, 2003 Florida Sheriffs Association National Sheriffs Association Mr. Bennett Boucher City Manager North Precinct 105 Polk Avenue 700 Park Avenue Titusville,FL 32780 Cape Canaveral, FI 32920 (321)264-5353 Fax(321)264-5359 Dear Bennett, East Precinct Attached please find three price quotes from equipment manufacturers/dealers regarding 2575 N.Courtenay Pkwy. the speed trailer I have requested for use in the City of Cape Canaveral. Merritt Island,FL 32953 (321)455-1485 As you are aware, the use of such equipment upon public roadways can significantly Fax(321)455-1488 reduce the average speeds of vehicles traveling within and through the city. It is my professional opinion that reduced speeds will significantly reduce the number of annual Canaveral Precinct motor vehicle collisions as well as reduce the severity of accidents through lower speeds. I 111 Polk Avenue Cape Canaveral,FL 32920 believe that this form of public education and awareness will serve the public interest in (321)868-1113 safer streets. Fax(321)784-8340 Corporal Dexter Rogers has extensive experience with speed trailers that are deployed West Precinct throughout the Brevard County Sheriffs Office and possesses numerous credentials in 2725 Judge Fran Jamieson Traffic Homicide Investigations and Accident Reconstruction. He is a certified Expert Way,Bldg.E Witness in such matters. I therefore assigned him to conduct the research in obtaining the viera,FL 32940 best value in the purchase of this equipment. (321)633-2123 Fax(321)633-1965 Also attached to this letter, please find his memorandum to me regarding his recommendation in purchasing the Speed Guard Trailer (model SGPD-DSR) at $11,985. South Precinct 50 S.Nieman Avenue Reasons for his recommendation include: Melbourne,FL 32901 Known reliability (321)952-4641 • Existing support contract with Stalker Inc. Fax(321)952-4635 Compatibility with other BCSO equipment • Available maintenance contract(local) Brevard County • Storage space within trailer for other supporting equipment Detention Center . Aluminum construction (tolerant to beach environment) 860 Campp Road ty P.O.Box Ability to add video camera R • Sharpes,FL 32959 (321)690-1500 1 have reviewed Florida Statute 932.7055 and certify that the expenditure of forfeiture Fax(321)635-7800 funds in the purchase of this requested equipment is in compliance with the statute under section (4)(a) under prevention programs and for providing equipment. I will be available and will make Corporal Rogers available to either yourself or City Council tr ��^e� ko � „ should further information be required. �� LI An Internationally Accredited Law Enforcement Agency Sincerely, Philip B. Williams Sheriff of Brevard County Gary Acting Commander Canaveral Precinct BREVARD COUNYYSHERIFF'S OFFICE s Titusville, Florida MEMORANDUM DATE: June 23, 2003 TO: Commander Gary Young FROM: Corporal Dexter Rogers SUBJECT.- Purchase of Radar Speed Trailer for City of Cape Canaveral Attached please find three quotations for Radar Speed Trailers. The three vendors are Speed Guard, RU2 Systems & McCoy's Law Line. There appears to be a wide range in price for each vendor, however, in my opinion, the best value for the money is the Speed Guard. As you know, the current radar unit of choice throughout Brevard County is STALKER. The only speed trailer that offers STALKER is the Speed Guard. Overall the product components appear to be more rugged, dependable, weather durable and time tested through several years of service to other units of the Brevard County Sheriffs Office. Currently all radar units, hand-held, vehicle mounted and speed trailers in service within the Sheriffs Office are STALKER. These units require routine calibration and maintenance, which is currently in place through Communications International. The Speed Guard also offers adequate storage for traffic cones and other traffic control equipment. The same capacity storage is not available in the other units. The trailer storage enclosure portion is of aluminum construction, which is very resistant to weather conditions in our location. It is my recommendation that the City purchase the Speed Guard Trailer. PHILIP B. WILLIAMS, SHERIFF 1 statutes->View Statutes->2002->Ch0932->Section 7055: flsenate.gov Pagel of 3 f 1 s e n e t e.g o U %veicome '.Session lcommittees� Senators r information r: Lobbyist t `Center Information View Statutes Search Sta.ufes Cons:irutiori Lars of Florida Order Select Year: 2002 - GO The 2002 Florida Statutes Title XLVII Chapter 932 View Entire CRIMINAL PROCEDURE AND PROVISIONS SUPPLEMENTAL TO CRIMINAL PROCEDURE Chapter CORRECTIONS LAW 932.7055 Disposition of liens and forfeited property.-- (1) When a seizing agency obtains a final judgment granting forfeiture of real property or personal property, it may elect to: (a) Retain the property for the agency's use; (b) Sell the property at public auction or by sealed bid to the highest bidder,except for real property which should be sold in a commercially reasonable manner after appraisal by listing on the market; or (c) Salvage,trade,or transfer the property to any public or nonprofit organization. (2) If the forfeited property is subject to a lien preserved by the court as provided in s. 932.703(6)(b),the agency shall: (a) Sell the property with the proceeds being used towards satisfaction of any liens; or (b) Have the lien satisfied prior to taking any action authorized by subsection (1). (3) The proceeds from the sale of forfeited property shall be disbursed in the following priority: (a) Payment of the balance due on any lien preserved by the court in the forfeiture proceedings. (b) Payment of the cost incurred by the seizing agency in connection with the storage, maintenance, security, and forfeiture of such property. (c) Payment of court costs incurred in the forfeiture proceeding. (4)(a) If the seizing agency is a county or municipal agency,the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earrWd therefrom shall bq used for school resource officer, crime prevention, safe neighborhood, drug abuse education and prevention rograms or for other law enfgrcement purposes, which include defraying the cost of protracted or complex investigations4p arlriitinna`eauipmerUz xoertise�andd providing matching funds to obtain federal grants.The proceeds and interest may not be used to meet rformal operating expenses of the law enforcement agency. (b) These funds may be expended upon request by the sheriff to the board of county commissioners or by the chief of policeto the governing body of the municipality,accompanied by a written certification that the request complies with the provisions of this subsection, and only upon appropriation to the sheriff's office or police department by the board of county commissioners or the governing body of the municipality. (c) An agency or organization, other than the seizing agency,that wishes to receive such funds shall apply to the sheriff or chief of police for an appropriation and its application shall be accompanied by a written certification that the moneys will be used for an authorized purpose. Such requests for expenditures shall include a statement describing anticipated recurring costs for the agency for subsequent fiscal years.An agency or organization that receives money pursuant to this subsection shall provide an accounting for such moneys and shall furnish the same reports as an agency of the county or municipality that receives public funds. Such funds may be expended in accordance with the following procedures: 1. Such funds may be used only for school resource officer, crime prevention,safe neighborhood,drug abuse education, or drug prevention programs or such other law enforcement purposes as the board of county commissioners or governing body of the municipality deems appropriate. http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&S earch_String... 05/26/2003 statutes->View Statutes->2002->Ch0932->Section 7055: flsenate.gov Page 2 of 3 2. Such funds shall not be a source of revenue to meet normal operating needs of the law enforcement agency. 3. After July 1, 1992, and during every fiscal year thereafter,any local law enforcement agency that acquires at least $15,000 pursuant to the Florida Contraband Forfeiture Act within a fiscal year must expend or donate no less than 15 percent of such proceeds for the support or operation of any drug treatment, drug abuse education, drug prevention,crime prevention, safe neighborhood, or school resource officer program(s).The local law enforcement agency has the discretion to determine which program(s) will receive the designated proceeds. Notwithstanding the drug abuse education,drug treatment, drug prevention, crime prevention, safe neighborhood,or school resource officer minimum expenditures or donations, the sheriff and the board of county commissioners or the chief of police and the governing body of the municipality may agree to expend or donate such funds over a period of years if the expenditure or donation of such minimum amount in any given fiscal year would exceed the needs of the county or municipality for such program(s). Nothing in this section precludes the expenditure or donation of forfeiture proceeds in excess of the minimum amounts established herein. 1(d) Notwithstanding any other provision of this subsection, and for the 2002-2003 fiscal year only,the funds in a special law enforcement trust find established by the governing body of a municipality may be expended to reimburse the general fund of the municipality for moneys advanced from the general fund to the special law enforcement trust fund prior to October 1, 2001. This paragraph expires July 1, 2003. (5) If the seizing agency is a state agency, all remaining proceeds shall be deposited into the General Revenue Fund. However, if the seizing agency is: (a) The Department of Law Enforcement,the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeiture and Investigative Support Trust Fund as provided in s. 943.362 or into the department's Federal Law Enforcement Trust Fund as provided in s. 943.365, as applicable. (b) The Department of Environmental Protection,the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Forfeited Property Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 20.2553,as applicable. (c) The Division of Alcoholic Beverages and Tobacco,the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Alcoholic Beverage and Tobacco Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 561.027, as applicable. (d) The Department of Highway Safety and Motor Vehicles, the proceeds accrued pursuant to the Florida Contraband Forfeiture Act shall be deposited into the Department of Highway Safety and Motor Vehicles Law Enforcement Trust Fund as provided in s. 932.705(1)(a)or into the department's Federal Law Enforcement Trust Fund as provided in s. 932.705(1) (b),as applicable. (e) The Fish and Wildlife Conservation Commission,the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Game Trust Fund as provided in ss. 372.73, 372.9901,and 372.9904, into the Marine Resources Conservation Trust Fund as provided in s. 370.061, or into the commission's Federal Law Enforcement Trust Fund as provided in s. 372.107,as applicable. (f) A state attorney's office acting within its judicial circuit,the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Attorney's Forfeiture and Investigative Support Trust Fund to be used for the investigation of crime and prosecution of criminals within the judicial circuit. (g) A school board security agency employing law enforcement officers,the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the School Board Law Enforcement Trust Fund. (h) One of the State University System police departments acting within the jurisdiction of its employing state university, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into that state university's special law enforcement trust fund. (i) The Department of Agriculture and Consumer Services, the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the Agricultural Law Enforcement Trust Fund or into the department's Federal Law Enforcement Trust Fund as provided in s. 570.205, as applicable. (j) The Department of Military Affairs,the proceeds accrued from federal forfeiture sharing pursuant to 21 U.S.C. ss. 881 (e)(1)(A)and (3), 18 U.S.C.s. 981(e)(2),and 19 U.S.C. s. 1616a shall be deposited into the Armory Board Trust Fund and used for purposes authorized by such federal provisions based on the department's budgetary authority or into the department's Federal Law Enforcement Trust Fund as provided in s. 250.175,as applicable. (k) The Department of Transportation,the proceeds accrued pursuant to the provisions of the Florida Contraband Forfeiture Act shall be deposited into the State Transportation Trust Fund to be used for purposes of drug interdiction or into the department's Federal Law Enforcement Trust Fund as provided in s. 339.082,as applicable. http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String... 05/26/2003 statutes->View Statutes->2002->Ch0932->Section 7055: flsenate.gov Page 3 of 3 (6) If more than one law enforcement agency is acting substantially to effect the forfeiture, the court having jurisdiction over the forfeiture proceedings shall, upon motion, equitably distribute all proceeds and other property among the seizing agencies. (7) Upon the sale of any motor vehicle,vessel,aircraft, real property,or other property requiring a title,the appropriate agency shall issue a title certificate to the purchaser. Upon the request of any law enforcement agency which elects to retain titled property after forfeiture,the appropriate state agency shall issue a title certificate for such property to said law enforcement agency. (8)(a) Every law enforcement agency shall submit semiannual reports to the Department of Law Enforcement indicating whether the agency has seized or forfeited property under the Florida Contraband Forfeiture Act. Any law enforcement agency receiving or expending forfeited property or proceeds from the sale of forfeited property in accordance with the Florida Contraband Forfeiture Act shall submit completed semiannual reports, by April 10,and October 10, documenting the receipts and expenditures, on forms promulgated by the Department of Law Enforcement,to the entity which has budgetary authority over such agency and to the Department of Law Enforcement.The semiannual report shall specify the type, approximate value,any court case number,type of offense, disposition of the property received,and the amount of any proceeds received or expended. (b) The Department of Law Enforcement shall submit an annual report to the criminal justice committees of the House of Representatives and of the Senate compiling the information and data related in the semiannual reports submitted by the law enforcement agencies.The annual report shall also contain a list of law enforcement agencies which have failed to meet the reporting requirements and a summary of any action which has been taken against the noncomplying agency by the Office of the Comptroller. (c) Neither the law enforcement agency nor the entity having budgetary control over the law enforcement agency shall anticipate future forfeitures or proceeds therefrom in the adoption and approval of the budget for the law enforcement agency. History.--s. 5,ch. 92-54; s. 2,ch.92-290; s. 21, ch. 94-265; s. 479, ch. 94-356; s. 5,ch. 95-265; s. 72,ch. 96-321; s. 41,ch. 96-418; s. 2,ch. 98-387; s. 3,ch. 98-389; s. 4,ch. 98-390; s. 5,ch. 98-391; s. 2,ch. 98-392; s. 2, ch. 98-393; s. 2,ch. 98-394; s. 61, ch. 99-245; s. 2,ch. 2000-147; ss. 26, 79, ch. 2002-402. 'Note.-- A. Section 26,ch. 2002-402, created paragraph(4)(d)"[i]n order to implement Specific Appropriation 1233 of the 2002- 2003 General Appropriations Act."A portion within this specific appropriation was vetoed. See ch. 2002-394,the 2002- 2003 General Appropriations Act. B. Section 79,ch. 2002-402, provides that"[a] section of this act that implements a specific appropriation or specifically identified proviso language in the 2002-2003 General Appropriations Act is void if the specific appropriation or specifically identified proviso language is vetoed.A section of this act that implements more than one specific appropriation or more than one portion of specifically identified proviso language in the 2002-2003 General Appropriations Act is void if all the specific appropriations or portions of specifically identified proviso language are vetoed." Not all portions of specifically identified proviso language relating to the creation of paragraph(4)(d)were vetoed. 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Privacy Statement http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String... 05/26/2003 Jan-09-2003 12:35pm From-MIGHTY MOVER 909 7360415 T-453 P.003/006 F-899 TM .SpeeldGuarcf with STFUER Radar Law Enforcement Price List Price List 05/01/2002 SpeedGuard Speed Monitoring Trailer ( Model sGPD-DUAL) $9,985.00 Includes a SIM&WR Dual Ka Band Radar(Removable for use in Patrol Vehicle) 24"High Intensity LED Display with Automatic Brightness Control Flashing LED Violation Alert with User Selectable Warning Speed with Thumb Switches 3 Deep-Cycle Marine Batteries with Charger and Extension Cable 14 Inch White Modular Wheels with P185-75R-14 Radial Tires Individual Wheel Locks and a"Quick-Lock"Axle Locking System 3-Point Adjustable Height Trailer Leveling Jacks,Screw Type Interior Work Light Detachable 6 Pin Trailer Electrical Cord Tuning forks,Qperatoes Manual,Brackets and Cable for Patrol Car Use Certificate of Accuracy-Certified for Law Enforcement Purposes SpeedGuard PLUS DSR Speed Monitoring Trailer (Model SGPa.DSR ) $11,996.00 Includes a 51MM?DSR Direction Sensing Radar (Removable for use in Patmi Vehicle) Violation Strobe Alert with Separate user Selectable Warning Speed Using Thumb Switches 24 Hour Operational rimer That Can Automatically Tum the Trailer On and Off Maximum Speed Cutoff user Selectable Warning Speed Using Thumb Switches 24"High Intensity LED Display with Automatic Brightness Control Flashing LED Violation Alert with User Selectable Warning Speed Using Thumb Switches 3 beep-Cycle Marine Batteries with Charger and Extension Cable 14 Inch White Modular Wheels with P185-75R-14 Radial Tires Individual Wheel Locks and a"Quick-Lock"Axle Locking System 3-Paint Adjustable Height Trailer Leveling Jacks,Screw Type Interior Work Light Detachable 6 Pin Trailer Electrical Card Tuning Forks,Operators Manual,Brackets and Cable for Patrol Car Use Certificate of Accuracy-Certified for Law Enforcement Purposes Manufactured Under License By Mighty Mover Trailers Inc. 224 N Sherman Ave Comma.Ca 42882 Tel 800-420-2233 Fax 404436-0415 06/23/2003 09:01 4805030044 KC BROWN PAGE 02 y H saw y Sales Quote Frevard Rogers v unty Sheriffs Departmen k AvenueQuote Number: 2299 111 L 32780 Date: 6/23/2003 -403-8046 Quote Expires: 7/23/2003 848340 If you have any questions or find this proposal non-responsive in any way please do not hesitate to call us. www.ru2systems.com : . " . Line# Desch tion Pnce Extend -- - .- - - _ P - ----- - 1�--- c 4-- -- -I 1 The RU2 Fast 1000 is a heavy duty, full featured radar trailer. 1 $8,700-00 1 $8,700.001 This unit is designed to withstand the rugged abuse that may occur on our worst streets. Many features have been ! designed into this sign that will reduce setup time and allow extended periods between relocation including solar power. With our proud 18"full matrix characters, this unit is the ultimate in radar speed trailers. j 2 Crating &Shipping $888.391 I jSubtotal $9,588.39, OPTIONS 3 ,Data Aquisition Package $2,700.001 0 $0.00 IA sensor is mounted inside the trailer which senses oncoming 1 ,cars for recording their speeds the time and date stamp. The RU2 Fast Series utilizes Doppler radar technology so no pneumatic tubing is required. Data is saved on a floppy disk with a push of one button and can be down-loaded to any 'computer with software capable of accepting a comma k 'delimited ASCII text file such a Microsoft Excel. Software provided extracts the data with the click of a mouse. ` 'Tabulated data includes vehicle count, speed and time/date. i II Bar charts are displayed from the data so that problem streets can be easily identified. 1 4 Electric Leveling Jacks $675.00 0 $0.00 Two rear mounted and one front mounted electric actuated stabilizer jacks are provided. The jacks will lift the trailer up to 12 inches from its normal height to compensate for uneven Itarrain. The jacks are disabled with a key switch to prevent 06/23/2003 09:01 4805030044 KC BROWN PAGE 03 Line# J Description _ PriceQty Extend - — - — - theft. The rated capacity of the jacks are 1500 lbs. each. 5 Alarm System i $120.00 0 i $0.001 The RU2 Fast Series Alarm System is a Audiovox Rampage car alarm with a tamper alert warning before alarming, remote activation, and adjustable sensitivity. 6 Violator Alert-Red & Blue LED Light Bars $450.00 0 i $0.001 The display is equipped with red and blue horizontal bars of high intensity LED's which alternate as they pulse. These are activated by a vehicle that exceeds the speed selected by the Il 1 operator. The digital controller performs a test and scores the vehicle being monitored. Once a reading from the radar registers above the selected speed, the violation lights are activated. The violator will see flashing red and blue lights on the display with no speed displayed. This event initiates the scoring routine. If the violator slows, the flashing lights will stop and their speed is displayed again. If slowing continues until a speed is reached that is less than the set-point, the ;display will continue to show the speed being registered. if the violator maintains a speed higher than the setting for a time, the flashing lights will come back on. If the violator increases speed while above the violation setting the flashing lights will come back on immediately. 7 Violator Alert-Red LED"SLOW DOWN"Message 1 $450.00 0 $0.00! ;The display is equipped with a flashing "SLOW DOWN" message made of high intensity red LED's . This is activated by a vehicle that exceeds the speed selected by the operator. l The digital controller performs a test and scores the vehicle I being monitored. Once a reading from the radar registers f above the selected speed, the violation lights are activated. The violator will see the flashing "SLOW DOWN" message on the display with no speed displayed. This event initiates the I i scoring routine. if the violator slows, the flashing message ,will stop and their speed is displayed again. If slowing Continues until a speed is reached that is less than the set-point, the display will continue to show the speed being registered. if the violator maintains a speed higher than the setting for a time,the flashing message will come back on. If the violator increases speed while above the violation setting the message will come back on immediately. 8 Violator Alert Discount- Buy both Red/Blue and SLOW ($100.00)1 0 $0.00 DOWN I � i � I � I i I I i I I Page 2 06/23/2003 09:01 4805030044 KC BRUAN PAGE 04 F—cWe#-- ----- -—Description Price Q Extend 9 Trailer Cover $375-00 0 i $0.00' A custom filtted weather proof cover provided in your choice iof color. j C Shipping, crating and applicable sales tax is not included in the above pricing unless specifically listed. Sub-Total $9,588.39 *Shipping quotes do not include liftgate or any additional services that may be required at destination- Sign to be Total $9,588.39 shipped 35-45 days after receipt of purchase order. 'VISA Payment terms are Net 30. I I I accept the terms and conditions of this quotation. A one year warranty on all parts is included. Parts are to Signed: be repaired within five business days,and Includes Name: Title: ground shipping expenses. Warranty does not include PO#: Date: physical damage from misuse I or vandalism. 06/23/03 13:04 $`16204310028 MCCOYS LAWLINE 001 lkcCnv',A,aro.Ctxe,Jxc. /`• -mSONIA aL[BlilAx� ClaxpEr,KS 66720 " f7h:(620)413f-2830 ,45peclatixing In `Zra 1L�a Qf11 rOaNLEs :(620)4-f-0028 June 23, 2003 Brevard County, FL From: Roz McCoy Sheriffs Department For. Kirk Caputa Attn:Dexter Rodger Regional Sales Manager Fax:321-784-8340 Thank you for your interest.... Please let me know if I can help in any other way- For more information check our WEBB site www. policeradarcom SPEEDTRAK RADAR TRAILER $7876.00 Includes the following features: Motorized Speed Display Lift, 18-inch LED Display(red or amber), Directional K-Band Radar,Violation Alert, High Speed Shut off and Speed Limit Sign, Two lockable storage compartments, 3 Deep Cell Batteries, 110V Re-charger for batteries,4 Bulldog jack stands, White graffiti resistant paint, Wheel lock 14-inch radial tires on chrome wheel and operator's manual. options: Dual Solar panel re-charging system,30 Watt,1.75 amp $900.00 Anti-Theft motion alarm with remote control $150.00 Spare Tire and Chrome Wheel $150.00 24-hour Timer $ 150.00 LED Warning Flasher (Flashes with Violation) $325.0Q LED Direction Stick $625.00 White Strobe(to simulate photo radar) $150.00 Software Driven Speed Counter Data Package $795.00 Pro-Charger,110v for Batteries $350.00 3 Deep Cell Batteries $75.00.ea $225.00 One Message Sign (Ig)with program Kit 9" $3000.00 Traffic Speed Counter Stat Package $795.00 Message Sign, Trailer,Radar(5) Year Warranty Trailer(1) Year Warranty Shipping: $650.00 Again, We THANK you for your interest Radar Sales a:Service • In-Car Video • Speed Trailers k Signs • LLD-&R • Alcohol Testers • LED Warning Lights Tel:(800)423-5583 Fax:(620)431-0029 Email:sales®poheeradarcom Web:wwwpolicara&rcom 06/23/03 13:05 $'16204310028 MCCOYS LAWLINE 002 r r Ultra-Bright Red LED's Utilizing the newest LED technology delivers extremely high brightness and contrast.The — characters and full 1409 viewing area allow it to be seen from hundreds of feet away. Custom Programming of Messages The message sign comes complete with a handheld controller to allow programming of the message sign in the field. Up to 100 messages can be stored for viewing.Each message can be up to 48 characters long. Messages can be displayed as static messages or scroll from left to right. Five Year Warranty oris defects and materials in workmanship. Comes standard with a Five Year Warranty against d Call Toll Free 1-800-423-5583 McCoy's Law Line,Inc. 15 South Highland J, V11VIANE Chanute KS 66720 Email: „ . , . 11h:(620)431-2830 .► Web: r , r , 54 .EN�d Meeting Type:Regular Meeting Date: 07-01-03I AGENDA Heading Ordinance a1'v"i i fi.5 AI11:.. CITY OF CAPE CANAVERAL Item 8 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 adoption of Ordinance 12-2003 relating to the establishment of uniform board procedures for the operation of city boards and committees. Summary Explanation& Background: I City Council tasked the City Attorney to draft this proposed ordinance and has provided an outline of the changes from the last version. All of our volunteer board members were mailed a copy of this ordinance asking for their feedback. I recommend approval. Exhibits Attached: Ordinance 12-2003,City Attorney letter. City M e Office Department LEGISLATIVE 4tteeting\2 7-01 3\12-2003.doc BROWN, SALZMAN, WE ISS & GARG.AN ESE, P.A. .'lttorweyr at Law Uehar L.BrownOfficts in Orlando,Kissimmee, Debra S.Babb-NUtdW Suzy M D'Ag e5W Cocoa&Viera Jeffrey P.BUM Anthony A.GarQanese" Jahn U.Bledenham.Jr. Gary S.Saltman' Joseph E.BAtoh John H.Ward' Michelle H.erect Jeffrey S.via" Dou&s Lambert Jennifer A.MkheN Wheft A.Radldn 'Board Ceftifled C 4 Trial Lwjyw vkwerd E.Scoria" 'Board CarbOad Buelneae L fteflon Lawyer ^-- °Board CeMIed City,Cowrty&Local Ga comment Law Eft J.O'Leary Of Gourmet June 10, 2003 Via Facsimile Only Mr. Bennett Boucher, City Manager City of Cape Canaveral P. 0. Box 326 Cape Canaveral, Florida 32920 Re: Ordinance No. 12.2003 •Uniform Board Requirements City of Cape Canaveral/General Fite No. 513001 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 changes 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 on 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 Eaait RoMmort Sheat.SuRe SW•P.O.Box 2573.060"10,FW&32802-2873 Orlando(407)425-9M Fax(407)426.9M*KJsshvnee(321)402-0144•Cam a visa(ane)425-M Wobeito:www.oftr *w.nVt•ErnaN:RrmeortarKkOw.nat OZJZ abed `•ytdzv,:Z Eo-ot-unr !9686 5Zt► LOb !-v-,4'9STgMVNVW71VqInwvm(NmnmA :ICA lues Mr. Bennett Boucher, City Manager City of Cape Canaveral June 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 change 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°x) 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(j)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 board or committee records shall be maintained in the some manner as other City records. Also, revised this paragraph 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 56-29 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 it 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, 7vewfu ours, Anthony A. Garganese City Attorney AAG:jf Enclosure Owe abed !WdZv:Z £o-ot-unr `•9696 gab Inti !-V-�4'99TAMVNWY71WgCnWVMfNNANA :AQ ivac BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L.BrownOffices in Orlando,Kissimmee, Debra S.Babb-Nutcher Suzanne D'Agresta° Cocoa&Viera Jeffrey P.Buak Anthony A.Garganese° John U.Biedenharn,Jr. Gary S.Salzman* Joseph E.Blitch John H.Ward' Michelle H.Brett Jeffrey S.Weiss Douglas Lambert Jennifer A.Michael Michelle A.Reddin Vincent E.Scarlatos 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer — 'Board Certified City,County&Local Government Law June 19, 2003 Erin J.O'Leary Of Counsel Via Hand Delivery Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Uniform Board Requirements -Ordinance 12-2003 City of Cape Canaveral - General File No. 513-001 Dear Bennett: Enclosed is the revised Ordinance 12-2003. Paragraph (f)under Section 2-171 has been revised to permit the City Council to stagger the terms for board and committee members. Please schedule this ordinance for second and final reading at the next City Council meeting. If you have any questions, please call. V tr ly yours, Anthony A. Garganese City Attorney AAG:jf Enclosures Ordinance 12-2003 225 East Robinson Street,Suite 660-P.O.Box 2873-Orlando,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 ORDINANCE NO. 12-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA,AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO UNIFORM PROCEDURES REGARDING THE OPERATION OF CITY BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS;PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF ALTERNATE MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,the City Council desires to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city; and WHEREAS, in furtherance of this goal, the City Council desires to establish uniform and consistent procedures and requirements for the various city boards and committees, including but not limited to procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof,and for conducting board and committee business; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County,Florida as follows: City of Cape Canaveral Ordinance No. 12-2003 Page I of 17 Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Chapter 2 Code Amendment. The City of Cape Canaveral Chapter 2 is hereby amended as follows: (underlined type indicates additions and strikeottt type indicates deletions,while asterisks (* * *)indicate a deletion from the Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 2 -Administration Article IV. Boards, Committees, Commissions Sec. 2-171. Uniform Procedures and Requirements. O Purpose and intent; Conflicts. The purpose and intent of this section is to enhance the public's respect and confidence in the municipal services delegated to, and performed by, city boards and committees and to ensure that decisions of boards and committees are in the best interests of the city. The purpose of this section is also to establish uniform and consistent procedures and requirements for establishing and/or abolishing boards and committees, and appointing and removing members thereof, and for conducting board and committee business. To the extent any provision of this section conflicts with any other provision of this Code, it is the intent of the city council that the provisions of this section shall prevail. To the extent the provisions of this section are preempted by state or federal law,it is the intent of the city council that the provisions of state or federal law shall prevail. ) Definitions. As used in this section,the terms or phrases listed in this subsection shall have the following meaning: W Registered Voter" shall mean a person duly registered to vote in City of Cape Canaveral elections at all times while serviniz on a board or committee. Q "Resident" shall mean any person living within the city limits at all times while serving on a board or committee, and at least twelve (12) months prior to being nominated, elected or appointed to the board or committee. (c,) Requirements ofboard and committee members.Anyperson nominated,elected or appointed to serve on a board or committee of the city shall satisfy the following requirements: City of Cape Canaveral Ordinance No. 12-2003 Page 2 of 17 Complete aboard or committee Qglication as prescribed by the-qty council: (2} Consent to a standard criminal background check, at the discretion of the city council: !1 Be a Resident and Registered Voter as dgfinedhiv this section unless the city council by unanimous vote waives this requirement upon a determination that a vacan y an a board or committa must be filled by a person with gp%i-ahzcd skills and training and a Resident and Registered Voter with such shills and training cannot be reasonably four to fill the vacancy. If sane �d rnauiremcnt is waived.the vacancy shtall only be filled by a person who is a resident of the city or who owns a business or real ptoMrty within the cit): and L4) Have never been convicted or found guilty,regardless of adjudication of a felonvin any jurisdiction—unless their civil rights have been restored Any plea of nolo contendere shall be considered a conviction for purposes of this paragraph (5� Complete interviews with the board or committee on which the person is seeking appointment and with the cityaouncil. Limitation on number ofnonresidents serving on borzrdc and committees. Notwithstanding the foregoing ft maximum number of parsons not satis&ins both the residency and rcWstered votes jgqujrements of this Section that can serve on a particular board or committee shall be equal to twenty fivc9ercent(25%)of the total number of voting board or committec members allowed to be pointed or elecWd to that particular board or committee. (e) lRpointment and removal otinembers All persons shall be a Sginted to and removed from city boards and committees by majoritY vote of the city council and by resolution-unless otherwise provided in this Section Board and committee members shalt serve at the pleasure of the city council and may be sumtmrily removed at any time with or without cause A board or committee atroointmgnt shall not be construed as creating or eonfernnQ up any person.any right or interest in serving on a lmard or committec including,but not limited to a contract liberty property or vestcxl Tiyht. �t Term. All bard and committee members shall be MW2intcd to serve three-Year terms and may be Mppointed by the city council for subsequent three year teens without Lmitahon Notwithstanding the city council may appoint a member to a term of less than three years n order to staffer the terms of the entire board or committee If a member is removed,or vacates their avnointment for gX reason iincludinp death excessive absence,orresierlahom prior to the ex2iration of their term. the cityeouttciI may at its discretion aAyotnt an individual to serve the remxaling portion of the ungUired teen_ City or Cape Caaaverul ordinance No. 12-2043 Pagc 3 of 17 Absences. Any board or committee member incurringfive(5)conseeutive abs ices from any rreg i�lariy scheduied meeting of je-boardor committee_or seven('n absences from any meeting of the board or committee within a twelve-mnonth period, (starting with the last absence and counting backward),shall be deemed automatically real vied from the respective board or committee in which the absences have occurred Almy meedn&which is cw_"He& other tMfor a lack of a quorum shall not be counted for purposes of determining abseat_eeism Absences which occurredp+rior to the date of rWpointmen of M board or coManittee member shall not be counted toward automatic removal. However if any board or committee is regularly scheduled to meet less than once per month,a board or committege member shall be automatically rmoved ifthe member fails to attend forty�erce_U40%) f the TP�yscheduled meeting within a twelvemonth period_ jp CC' mpensation All board andcommittee members shall scrve without compensation.exont asprovided in the City Code for per diem subsistence and travel allowances for official f vel. 10 Chairnaanshins Each board and committee shall be resyonsibie to elect by m6ority vote of the mem. bees of each board or committee, a chairperson and vice&bft_ersort. The election shall occur aiinually at the first meefte Wdinjanum,unless there is no 3anuaty meetine.theme next meeting held. All newly established boards and committees shall make such elections at their first reg„-Wy held_Mmbna and then annually as stated above. lternate members(asprovided Wow _not be elected to positions of chaimerson or vice-gbajoMon. All Meetings shall be as regularly scheduled and at the calLofthe ghjLr and at such other times a9 a maioriV of the ing&rs of any board or committee may determine Rules and Procedures The city council max adoyt and amend, from time to time by resolutiom general and quasi Judicial rules acid proedures for boards and committees. All boards and commijtecs shalt at all bine comply with the-90=1 titles and procedures,and who aptlticable the quasi Judicial rules and procedures board or committee may adopt additional rules and ur%edures yrovided that such rules or procedures are suvplementary in n1mm and not inconsistent with the Hiles and proved *es adout ed by ttie d council and any federal state or Local law Any rule or,pfgcedure adooW by the board or committee may be=ceded==dd or real by the city council Quorum: baard actions A majority of the members of each board or committee shall constitute a auornm The affuimative vote of the majority vre=shall be necessary for any board actions•provided,however }t shalt t e three(3)affirmative votes to bass or approve ajny a^tion unless a super majority is othem isoMuired by local state or federal law. Public meet s minutes Allmeeting5 ofboards or committees shall be opento the nubfic The citymaaager shall designate a secretary for cath board or commmiMe whose duties shall City of Cape Canaveral Ordinance No. 12-2003 Page 4 of 17 inciude k=ing minutes of all the meeting of the board or com 'flee and recording the actions andlor recommendations of each board or committee, incl tiding showing tete vote of eat member upoTt each questionor ifobsent Qr failing to vote indicating such fact The city manager may aRpoint as board or committee member to serve as secretatx The city shall be custodian of all records of the board yr cam— nn ees-and such records shall he maintained in the same manner as other city records. U Alternate members. At the discretion of the city council, two t 21 alternate members maybe appointed to each city board or committee Alternate members shall be provided with all agendas and documentation provided to re ular rn mb—m Md shall be permitted too�rrov de inMt duringdiscussi ons. Alternate members shall not be„permitted to vote on matters before the board unleis they have assumed the duties gf an absent regular member. The member of jhc bogW or cormnittee who has served longer as an altemate member shall bg the first altemale„ board member. If-thg first alternate member leaves the board or iig apainted as a regular board member the successor to the first alternate board member shall be that alternate board member with the longer smice as an alternate member.the next aupointed alternate saber shall be desip&ed as the second alternate board member. In the absence of a regular member from an official board meeting. the first alternate board member shall assumeduties of the absent retmlar board m rah including the ziQht la e on any matter before the board at the meeting If two (2) or Mm regular board members are absemt from an official board meeting the second alternate member shall assume all duties of the absent regular member including the right to vote on qtly matter before the board at the meeting. In the absence of the first alternate board member from an official bond meeting the second altema a boars mcmbgr sha11 act in the Wage of the absent first alternate including the right to vote on matters beiire the board at that meeting if a regular membar is absent at the MczMi P. Ad i�oc Commitaees The cry cotmcil may create by resolution, from time to time. temyorary gd hoc committees to serve a limited gMM The resolution M exempt the committee froMall or naxtof the reouirements of this Sectio foj baerviews. Pnor to a_mson being atmoint to a board or committee theyga, g shall be interviewcd in,+ erson. by die board or committee on which the verson is seeking Appointment gad by the cia cgunci I The board or committee shall make -a recommendation to the city ,.omnc;t n vuhether the person should be appointed to their respective—board or committee based on the Mguirements of this Section. Sees. 2.17+1-2-180. Reserved. City of Cape Canaveral Ordinance No, 12-2003 Page 5 of 17 See. 2-181. Established, nivinbership, tenns, quatifications. (a) A beautification board, which shall consist of seven members and two altentate tnembem, is established. See. 2-182. Meetings; bylaws; officers. (aj Regular meetings of the beautification board shall be held at least once each month at the city hall, and special meetings of the board shall be held at such times and at such places as the board may direct. Ail reguiaT ineetings of the beautification board shall be open to the public. City of Cape Canaveral Ordinance No. 12-2003 Page 6 of 17 ■ r 61: .Mr.01I - - •L4411.41%■�; r :• •AIr 019"MogrIl ■ IN 91VAII as we Itood No 91.101111111 go avin■r: to mom L-1 lown I on ■ r - - -%sit-Swilormalklmoorlotoom■ • 111 ■ :■ • ■�: . • ron i ■ ■ - kent r - - • . • - - - See. 2-182. Meetings; bylaws; officers. (aj Regular meetings of the beautification board shall be held at least once each month at the city hall, and special meetings of the board shall be held at such times and at such places as the board may direct. Ail reguiaT ineetings of the beautification board shall be open to the public. City of Cape Canaveral Ordinance No. 12-2003 Page 6 of 17 Sec. 2-183. Absence frojin jazeefings Reserved. Section 3. Chapter 10 Code Repeal. The City of Cape Canaveral Code, Section 10- 27, is hereby repealed. Section 4. Chapter 22 Code Amendment. The City of Cape Canaveral Code, Chapter 22, is hereby amended as follows: (underlined type indicates additions and strikeatt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 22 Community Development Article I1. Business and Cultural Development Board Section 22-28. Composition, qualifications. The business and cultural development board shall consist of five regular members and fb-ar alternate men7bers. Sec.22-29. Term of 0 Reserved. Section 22-30. 'Vacancies Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 7 of 17 Sec. 22-31. Removal Reserved. Sec. 22-32. Rules and p, aceda, es Reserved. pus L-molist.114 I Its VILMIN IMI VON .. , Article III. Community Appearance Review Sec. 22-37. Board established; membership; qualifications of members. (a) Established. There is hereby established a community appearance board which shall consist of five members who shaif serve without compensation and two afternate members who may participate in disenssion, but may not vote unless snbstitating for a voting member who -IS absent. . Voting members shall be appointed fbr staggered terms, the initial -voting nienibets shaii serve following terms. one member shall serve a term of one year; two members shali serve a tenn of two years, and two men-rbers shail serve a ternis of three years. Thereafter, all memb shall be reqnested to serve a three-year term. There shall be no restriction placed upoi =nber of terins that an indivickt�al member may serve. Afteniate members shaff serve (fitee- pear tcnns. Wb (c) Qualifications. Af! members shaff be residents of the eity with the exception aflowing th one member or afteniate member may be a . All members shall be qualified by reason of training or expertise in art, architecture, community planning, land development, real estate, landscape architecture or other relevant business or profession, or by reason of civic interest so as to be considered a sound judge of the aesthetic effect and impact upon City of Cape Canaveral Ordinance No. 12-2003 Page 8 of 17 property values, desirability, and the economic, social and cultural patterns ofthe community of a proposed building or structure on surrounding areas. Sec. 22-37. Rules of conduct of board business Reserved. . . . .. ... . . IL-MVIVIINILWJE . . . a &I all'"Wil . ... • • • • or -.Ili •rrT.iu��i�•n�rir+.r.e•n - • . � • - • Sec. 22-39. Proceedings of the board. (a) At the initiai meetings, and thereafter ammaily, ffie board shall elect a chairperson and a Vi chairperson. The officers may succeed themselves. "'rson, or the vice-chairpers in his absence, shall conduct all proceedings in an orderly mamer and provide at least minitntnn of due process to all interested pwties. Meetings shall be held on the first and third Monday of each month unless no business is presented to the board for a particular meeting. public.All board meetings shall be open to the The time and place of meetings, and the order of business and procedure to be followed at meetings, shall be prescribed by the board. A written record of the proceedings of the board stj ail be kept, showing its action on ea cluestion considered. Such record shall be filed with the office of the secretary of the bo and shalt be open fbr pubfic inspection. (b) The city shall provide administrative, legal, architectural and other professional expert services deemed necessary for the board to perform its duties and obligations under this article. Section 5. Chapter 46 Code Amendment. The City of Cape Canaveral Code, Chapter 46, is hereby amended as follows: (underlined type indicates additions and st.Likeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 46. It is intended that the text in Chapter 46 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 46 - Library City of Cape Canaveral Ordinance No. 12-2003 Page 9 of 17 Article II. Library Board Sec. 46-26. Created, . (a) There is created a libraryboard to consist of five members and two aftemate inemb Such mernbership shait serve at the pleasure of the city comicif and siiail be appointed fbr two -y= terms by the eity eouncil. Ail board members shail be residents of the city f6r at least H nionths inntrediately preceding appointment. Each board member shail be a registered vutet. Oli H, . 11 0111, r y zvys, rulea and regalati eExpenditures. (b) The library board shall have exclusive control of expenditures of all monies collected or donated to the credit of the library fund. Sec. 46-28. Aniendanent of bylaws Reserved. Sec. 46-29. Vacation of office Reserved. Section 6. Chapter 54 Code Amendment. The City of Cape Canaveral Code, Chapter 54, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 12-2003 Page 10 of 17 Chapter 54 - Parks and Recreation Article II. Recreation Board Sec. 54-26. Established. (-a) There is created a recreation board to consist of seven members and two alteniate menibers. Such merribersfiip shall serve at the pleasure of the city comicil mid shall be appointed two-year tenns by theeity eountii.The tenns shall expir, in tit, nyontit of October of e year .... .I= . . . . . PWMIM. • :...110 91111 KIM 11 LOIII 111I 12 W to go 1101fir -06 Vacation 1 1 - Reserved. • '• • •• • • : W 1 • ■ • • • • • • - City of Cape Canaveral Ordinance No. 12-2003 Page 11 of 17 Section 7. Chapter 58 Code Amendment. The City of Cape Canaveral Code, Chapter 58, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 58. It is intended that the text in Chapter 58 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 58 - Planning Article II. Planning and Zoning Board Sec. 58-26. Established, . (a) The planning and zoning board is established. The members of the p1mming and z ...,. she! s1.1rve without compensatiom.••. • shall consistof .- regular membersshall have full votinEz, rights. Two altemate inembers shall! restrictedfr. (b) Ail terms of office of the plaiming and zoning board shall be for (c) Appointments to the board shall be made by majority vote of tiIe eity eonneil. _. . . . ... .. Sec. 58-27. Qualificatio Reserved. See. 58-28. Ex -officio niernbei 3 Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 12 of 17 Sec. 58-29. eonflict of interest Reserved. V.okAM AM . IWON ... A I . .. • : . - . Sec. 58-29. eonflict of interest Reserved. Sec. 58-30. Rules of procedure Reserved. Sec. 58-31. QuarYrm Reserved. Sec. 58-32. Altemate titembers Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 13 of 17 LOA M.P.Xa%AM I L"Ivmg I [-JIM 191-1 BRINI or., Igo 91.11 Lj onowlilliiii 111 1" - . .. . . - Jmmomlltmulvll .; :. Sec. 58-30. Rules of procedure Reserved. Sec. 58-31. QuarYrm Reserved. Sec. 58-32. Altemate titembers Reserved. City of Cape Canaveral Ordinance No. 12-2003 Page 13 of 17 In. I K� 11I I mew 11 t.1 I a 151.1 moll "I I INS [�.I I mill 141111 t-i�7ROJMRIL"r. RDI gimtftmm400 Pq my ... .. ..: 1I - NVI Sec. 58-33. Minutes Reserved. Section S. Chapter 82 Code Amendment. The City of Cape Canaveral Code, Chapter 82, is hereby amended as follows: (underlined type indicates additions and strikea type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 82. It is intended that the text in Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 82 - Buildings and Building Regulations. Article II. Building Code Sec. 82-32. Establishment of construction board of adjustment and appeals. There is hereby established a board to be called the construction board of adjustment and appeals, which shall consist of five members. The board shall be appointed by the 6ty eotmeih (a) fComposition.j Members of the construction board of adjustment and appeals should be composed of individuals with knowledge and experience in the technical codes, such as design professionals, contractors or building industry representatives. 2k board menThe., shall not act in a case in which he has a personal or financial irftie City of Cape Canaveral Ordinance No. 12-2003 Page 14 of 17 (e)JW Powers. The construction board of adjustments and appeals shall have the power, as further defined in section 82-2933to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. E3 3 Section 9. Chapter 110 Code Amendment. The City of Cape Canaveral Code, Chapter 110, is hereby amended as follows: (underlined type indicates additions and strikeetrt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 110 - Zoning Article II. Board of Adjustment Division 1. Generally Sec. 110-26. Established, . (a) Aboard of adjustment is established, which shall consist of five members and two alternate members appointed by the eity eouncit. ..: .. :. . City of Cape Canaveral Ordinance No. 12-2003 Page 15 of 17 • - - - . - . .. .. . . . . . . - . - - . :. :, (e)JW Powers. The construction board of adjustments and appeals shall have the power, as further defined in section 82-2933to hear appeals of decisions and interpretations of the building official and consider variances of the technical codes. E3 3 Section 9. Chapter 110 Code Amendment. The City of Cape Canaveral Code, Chapter 110, is hereby amended as follows: (underlined type indicates additions and strikeetrt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Chapter 110 - Zoning Article II. Board of Adjustment Division 1. Generally Sec. 110-26. Established, . (a) Aboard of adjustment is established, which shall consist of five members and two alternate members appointed by the eity eouncit. ..: .. :. . City of Cape Canaveral Ordinance No. 12-2003 Page 15 of 17 Sec. 110-27. Proceedings. fa) The board of adjustment shall adopt rales necessary to the conduct of its affairs and -in keeping with this chapter. Meetings shall be held at the call of the chainnan and at si other timm as the majority of the board of adjustment may . The chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the pubtic. Sec. 110-32. Decisions. In exercising any of the powers listed in this article, the board of adjustment may, so long as the action is in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and to that end shall have all of the powers of the building official from whom the appeal was taken. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the building official_ or to decide in favor of the applicanf on mTy inatter upon wilich it is require to pass under this chapter or to effect any variation in the application of this chapter. Section 10. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 11. 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 12. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. City of Cape Canaveral Ordinance No. 12-2003 Page 16 of 17 WA I 161 ..:.. :. . Sec. 110-32. Decisions. In exercising any of the powers listed in this article, the board of adjustment may, so long as the action is in conformity with this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and to that end shall have all of the powers of the building official from whom the appeal was taken. The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of the building official_ or to decide in favor of the applicanf on mTy inatter upon wilich it is require to pass under this chapter or to effect any variation in the application of this chapter. Section 10. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 11. 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 12. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. City of Cape Canaveral Ordinance No. 12-2003 Page 16 of 17 Section 13. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida, and as provided by City Charter. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of , 2003. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Uniform_Board_Ordinance2.wpd City of Cape Canaveral Ordinance No. 12-2003 Page 17 of 17 Published Daily STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared MAUREEN FARR who on oath says that she is LEGAL ADVERTISING CLERK of the FLORIDA TODAY, a newspaper published in Brevard County, Florida; that the attached copy of advertising being a LEGAL NOTICE (AD#1025140-$181.54) the matter of CITY OF CAPE CANAVERAL in the Court ORDINANCE 12-2003 was published in the FLORIDA TODAY in the issues of JUNE 21, 2003 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the fust publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in said newspaper. , (Signature of Affiant) Sworn to and subscribed before this this 21ST DAY OF JUNE 2003 ♦PRY PL UFFlCSAI NOTARY SEAL p el LINDA L BRAUD C" j Q CCMMISSlCN NUMBER D0015812 MY COMMISSION EXPIRES MAY 4,2005 Personally Known Type Identification Produced (Signature of Notary Public) LINDA L. BRAUD (Name of Notary Typed, Printed or Stamped) or Produced Identification Meeting Type: Regular Meeting Date: 07-01-03 AGENDA Heading Ordinance item 9 No. I recommend approval 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 adoption of Ordinance 17-2003, repealing code section 58-35, Master plan preparation and scope. _ Summary Explan}tion & 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 recommend approval Exhibits Attached: Ordinance 17-2003 City Man r Office t-- Department LEGISLATIVE .11 c \myd c nt a n\council \mee 83\07-01-03\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. VIII 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: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment, That Chapter 58 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined_ type indicates additions and str+keou type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 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 Cape Canaveral Ordinance 17-2003 Page 1 of 3 CHAPTER 58. PLANNING Article ll. Planning and Zoning Board Sec. 68-35. M86t9F plan pFopaMation and sGGpe Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 17-2003 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attomey ROCKY RANDELS, Mayor For Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 17-2003 Page 3 of 3 Against Meeting Type: Regular Meeting Date 07-01-03 AGENDA Heading Ordinance -V Hearing. Item 10 No. or industrial zoning districts and residential zoning districts; amends Section 110-567 interior landscaping for off- AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2003, ESTABLISHING HEIGHT AND DENSITY REQUIREMENTS FOR LANDSCAPING, SCREENING, FENCING, WALL AND HEDGES DEPTJDIVISION: P&ZIGROWTH MANAGEMENT Requested Action: City Council consider at first reading Ordinance No. 03-2003, establishing height and density requirements for Landscaping, screening, fencing, wall and hedges as recommended by the Planning & Zoning Board. Summary Explan;tion & Background: This proposed ordinance amends the definition of "parking space, off-street" in Code Section 110-1; amends Section 110-470 fence, walls and hedges; amends Section 110-566 landscaping and screening between commercial or industrial zoning districts and residential zoning districts; amends Section 110-567 interior landscaping for off- street parking areas. The Planning & Zoning Board recommended approval of this proposed ordinance at their 06-11-03 meeting. I recommend approval. Exhibits Attached: , P&Z memo; Ordinance No. 23-2003 City Mana Office Department P&ZJGROWTH MGMT C kin\m oc a in\co cil\meeting\2003\07-01-03\03-2003 Date: June 23, 2003 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Proposed Ordinance Amending Sections 110-1, Definitions; 110-470, Fences, Walls and Hedges; 110-566, Landscaping and Screening for Commercial and industrial Zoning Districts; and 110-567, Interior Landscaping for Off -Street Parking Areas. The Planning & Zoning Board reviewed and reconsidered the above referenced ordinance, at the request of the City Council, regarding imposing height limitations on hedges. After a lengthy discussion, the Planning & Zoning Board concluded to recommend approval of the above referenced proposed ordinance to with the following change that (b)(2) should read as follows: "No hedge planted to satisfy the visual screening requirements of Section 110-566 of this code and located adjacent to a property boundary shall not exceed four (4) feet in height if within twenty-five (25) feet of any public right-of-way". Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com Planning & Zoning Board Meeting Minutes June 11, 2003 Page 3 Discussion continued. By consensus, the Board members concluded to ask City staff to inventory the existing parking conditions and table this discussion item until the information was available for further discussion and consideration. 4. Review and Recommendation to City Council Re: Easement Agreement Between the City and Blarney 67 - Ed Gardulski, Director of Public Works Mr. Todd Peetz, City Planner, advised that the Public Works Director was on military leave and had asked that he present the request. Mr. Peetz advised that the easement was for a sidewalk in front of the Fair Villa property along Astronaut Boulevard. City Attorney Garganese advised that the easement agreement was part of a settlement agreement between the property owner and the City. Brief discussion followed. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the easement agreement between the City and Blarney 67. Vote on the motion carried unanimously. Review and Recommendation to City Council Re: Amending Section 110-171 Establishments Serving Alcoholic Beverages. City Attorney Garganese presented an overview of the proposed ordinance changes. He noted that the ordinance would be enforceable by the Board of Adjustments. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the ordinance to amend Section 110-171. Vote on the motion carried unanimously. 6. Review and Recommendation to Ci1y Council Re: Amending Chapter 110 C - Zoning District, Height of Vegetation/Hedges/Fences. y City Attorney Garganese advised that the City Council requested that the P & Z Board reconsider the changes because they were concerned regarding not imposing a height limitation on hedges. The Board members reviewed the proposed ordinance. Discussion followed. Councilman Hoog clarified that Council's concern was that some hedges that grow 12-14 ft. high looked obtrusive because the limbs at the bottom of the hedge were wilted or dead. Attorney Garganese gave an overview of the proposed code changes and advised that the new code would be enforceable by code enforcement for maintenance. Discussion followed. Chairperson McNeely pointed -out that hedges serve as a screen not a barrier like a fence. Following further discussion, the Board agreed to recommend approval of the proposed ordinance with the change that (b) (2) should read as follows: No hedge planted to satisfy the visual screening requirements of Section 110-566 of this code and located adjacent to a property boundary shall not exceed four (4) feet in height if within twenty-five (25) feet of any public right-of-way. Motion by Mr. Russell, seconded by Chairperson McNeely to recommend approval with the change in paragraph (b)(2) as previously stated. Vote on the motion carried unanimously. ORDINANCE NO. 03-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES, RELATING TO REQUIRED LANDSCAPING AND VISUAL SCREENING; PROVIDING FOR HEIGHT, DENSITY, AND PLACEMENT OF VISUAL SCREENING, SUCH AS FENCING, WALLS, AND HEDGES; PROVIDING FOR REQUIRED VISUAL SCREENING BETWEEN COMMERCIAL OR INDUSTRIAL AND RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INTERIOR LANDSCAPING FOR OFF-STREET PARKING SPACE ALLOCATIONS WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to make certain height, density, and placement requirements for landscaping and visual screening uniform and consist throughout its commercial and industrial zoning districts and further improve the City's aesthetic appearance through the protection of residential areas; and WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V. Town of Jupiter, 59 F.3d 1208, 1214 (llth Cir. 1995); and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance No. 03-2003 Page 1 of 6 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and stfilfeettt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 110 ZONING Article I. In General Sec. 110-1. Definitions. Parking space, offstreet, consists of a minimum paved area of 200 square feet for parking an automobile, exclusive of access drives or aisles thereto. sites whieh require pafking spaees faf: 400 or moire vehieles may be allowed to tifilize up to 25. pefeent of those spaees for- eonipaet ear par -king. Compaet ear par -king spaees shall eensist Article IX. Supplementary District Regulations Division 1. Generally Section 110-470. Fence, Walls and Hedges. (a) Fences; and walls and edges may be permitted in any yard, except as specified in section 110-469, provided the following height and plaeement restrictions shall apply: (1) In any residential district (R-1, R 2 or 3), no fence; or wall of hedge in any side or rear yard shall be over six (6) feet in height or over four (4) feet in height if within twenty-five (25) feet of any yafd abuffing public right-of-way, unless otherwise specified in this section; City of Cape Canaveral Ordinance No. 03-2003 Page 2 of 6 (2) In any residential district where property abuts a public beach access parking area, the fence, or wall of hedge in a side, rear or front yard which abuts the public parking area shall not exceed six (0 feet in height; �k In any commercial (G 1) an or industrial (" districts, no fence; or wall or hedge in any side or rear yard shall be over eight M feet in height or over four (4) feet in height if within twenty-five (25) feet of any yafd abutting -any public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, and a fence or wall is used to meet the requirements of section 110-566, the fence or wall shall have a minimum height of six (6) feet and a maximum height of a fenee, wall of hedge shall be s eight 8 feet; and (b) (4) No wall shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure -.i (e) (55) All concrete boundary walls are to be finished by stuccoing or painting in neutral colors at the time they are constructed. All fences shall be constructed or installed such that the finished side faces abutting properties or public rights-of-way. If chain-link is used for fencing, the same must have a top rail and be coated in a rubber or vinl material; and (d) (6) No words or symbols, other than street addresses and names of occupants in residential districts, shall be permitted on exterior boundary fences or walls. If there are such non -allowed words or symbols, they shall be covered or removed within seven days of notification to the owner by the City. Hedges may be permitted in anyyard, except as specified in section 110-469 of this code, provided the following restrictions shall apply: 1) Anv hedge planted to satisfv the visual screeniniz reauirements provided within section 110-566 of this code shall have a minimum height at time of planting of three feet and will be required to reach a minimum height of six 6) feet, unless otherwise provided by this chapter, and a density of at least eighty (80) percent opacity within two (2) years of planting; (2) No hedge planted to satisfy the visual screening requirements of section 110-566 of this code and located adjacent to a property boundary shall exceed four (4) feet in height if within twenty-five (25) feet of any public right -of -waw City of Cape Canaveral Ordinance No. 03-2003 Page 3 of 6 (3) Any hedge located adjacent to any public right-of-way, sidewalk or easement utilized for public purposes shall be set back a minimum of three (3) feet from the property line or easement boundary to ensure such hedge will not encroach into or impede the use of such public right-of-way, sidewalk or easement; (4) Ay hedge planted or otherwise established in accordance with this chapter shall be comprised of a desirable species of vegetation as defined in chapter 102 of this code, as may be amended from time to time; and (5) All hedges shall be maintained in accordance with Chapter 34 of this code and all other applicable statues, ordinances, and regulations affecting landscaping vegetation. DIVISION 7. Landscaping and Vegetation Section 110-566. Landscaping and screening for between commercial a -ad or industrial zoning districts and residential zoning districts. (a) Whenever the bounda boundaries of a commercial or industrial zoning district abtrts and a residential zoning district abut, a visual screen shall be provided within the required setbacks of the property which is developing or redeveloping . (b) Such visual screen shall: (1) Be provided along the entire length of the boundary separating the commercial or industrial zoning districtboundaixy whieh abuts afty from the residential zoning district. (2) Consist of decorative or ornamental fencing or shrubs designed and placed in a manner rendering such visual screen density of at least einhtX (80) percent within a period of two J2) years after such screen is provided. (3) Be not less than four (4) or more than eight U feet in height, except as provided in section 110-470 fa)(2). (4) Have a minimum of one (11) ten -point tree value as defined in section 110-567 which shall be planted every thirty-five k351 feet with at least two (2) five -point trees on the minimum fifty 50 -foot C-1 lot and three (33,) five -point trees on the minimum seven _ -five 75 -foot M-1 lot. (5) Be serviced by a functional underground sprinkler system adequate to maintain such landscaping. (6) Be properly maintained and replaced if for any reason it does not survive. (7) Be protected from vehicular encroachment. City of Cape Canaveral Ordinance No. 03-2003 Page 4 of 6 (d) Where a fence or wall is used to fulfill the screening requirements within a vegetative buffer, it shall be located one foot inside of the property line whieh abuts the residential zoning of the property which is developing or redeveloping. When a drainage Easement, ditch or water body runs along a property line, an administrative waiver may be granted by the Building official to allow the masonry Wall or Fence to be placed along the edge of the ditch or water body, instead of on the property line. Where existing trees exist within the buffer area, the Fence or Wall shall be located so as to preserve the trees. Sec. 110-567. Interior landscaping for offstreet parking areas. (a) Offstreet parking areas in C-1, CC=2, M-1 and R-3 districts shall have internal and perimeter landscaping as follows: (4) Parking areas in the C-1, C-2 and M-1 districts and parking areas in the R-3 districts that contain sixteen t16) or more parking spaces shall be planted to a width of at least two Q feet of the entire perimeter facing the public right-of-way, except for ingress and egress and sidewalks. The perimeter shall be planted with decorative shrubs and bushes not less than three (D feet in height to form a visual screen with a density of at least eighty ( 80) percent within two (Q years of planting. Perimeters facing such public right- of-way shall, in addition, have five tree value points planted every thirty-five (35) feet with at least ten tree values on a minimum 50 -foot C-1 lot, and fifteen tree values on the minimum 75 -foot C-2 or R-3 lot unless a greater restriction is otherwise provided for in this chapter. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion City of Cape Canaveral Ordinance No. 03-2003 Page 5 of 6 shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Vegetative_Buffers_03-2003.wpd City of Cape Canaveral Ordinance No. 03-2003 Page 6 of 6 Meeting Type: Regular Meeting Date 07-01-03 AGENDA Heading Ordinance -0 Hearing. Item 11 No. The city attorney did an outstanding job in preparing this ordinance and cleaning up Chapter 10, as well, to be AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 18-2003, CREATING A NEW CHAPTER 11, PUBLIC DECENCY CODE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 18-2003, repealing Code Section 50-2, creating a new Chapter 11, Public Decency Code, and amending the adult entertainment code in Chapter 10, as recommended by the city attorney. Summary Explanition & Background: The proposed ordinance is a result of a recent code review workshop. The city attorney did an outstanding job in preparing this ordinance and cleaning up Chapter 10, as well, to be conforming to the new Chapter 11. I recomunend approval at first reading. Exhibits Attached: Ordinance No. 18-2003 City Man ffice Department LEGISLATIVE cape-ntmydoc en council 2003\07-01-03\18-2003 ... ORDINANCE NO. 18-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO BE KNOWN AS THE "CITY OF CAPE CANAVERAL PUBLIC DECENCY CODE"; REPEALING SECTION 50-2 OF THE CODE OF ORDINANCES; CREATING A NEW CHAPTER 11, STATING THE INTENT OF THE CHAPTER, PROVIDING FOR THE DEFINITION OF NUDITY AS PROHIBITED BY THE CHAPTER AND PROVIDING FOR OTHER DEFINITIONS, PROVIDING FOR LEGISLATIVE FINDINGS, PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF IN PUBLIC PLACES, PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF CHAPTER 11; PROVIDING CONFORMING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE; AND PROVIDING FOR INJUNCTIVE RELIEF; 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 Section 2(b), Article Vill of the State constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, local governments may prohibit the exposure of certain body parts, see Geaneas v. Millets, 911 F.2d 579 (11th Cir. 1990), certiorari denied, 499 U.S. 955, 111 S. Ct. 1431, 113 L. Ed. 2d 484 (1991); and WHEREAS, efforts by the State and Federal governments to apply Florida criminal statutes to the public display of nudity have been rejected by the courts because, under certain of Florida's criminal laws, nudity alone cannot be prosecuted without proof of lewd and lascivious conduct; and WHEREAS, other local governments have successfully passed and defended regulations relating to public nudity, including other cities in Central Florida; and WHEREAS, conforming the City of Cape Canaveral's public nudity law to that of surrounding communities is a valid exercise of the City's police power; and WHEREAS, the City Council of the City of Cape Canaveral finds that public nudity and sexual conduct begets undesirable behavior, and that adverse secondary effects such as, but not limited to, prostitution, lewd and lascivious behavior, attempted rape, rape, and assault may occur and have the potential for occurring where public nudity and sexual conduct is permitted; and WHEREAS, the City Council of the City of Cape Canaveral desires to prohibit the public display of nudity and sexual behavior or the simulation thereof; and City of Cape Canaveral Ordinance 18-2003 Page 1 of 12 WHEREAS, the City Council of the City of Cape Canaveral believes that persons who choose to appear nude in public places are engaging in conduct which often serves to impose their nudity on others who did not seek it out, who are not able to reasonably avoid observing it, and who may be offended or distressed thereby; and WHEREAS, appearing nude in public places was a criminal offense at common law and was considered an act malum en se (a wrong in itself) and appearing nude in a public place which is not a public place provided or set apart for nudity has been considered improper. See Moffett v. State, 340 So. 2d 1155, 1156 n.3 (Fla. 1977); and WHEREAS, the City Council of the City of Cape Canaveral desires to protect and preserve the wholesome character of the City of Cape Canaveral as a family oriented community with a high quality of life offered for families, tourists and businesses; and WHEREAS, the City Council of the City of Cape Canaveral believes that appearing nude in public places is still contrary to the general community standards; and WHEREAS, the City Council of the City of Cape Canaveral believes that the appearance of persons in the nude in public places generally increases adverse secondary effects such as, but not limited to, incidents of prostitution, sexual assaults and batteries, attracts other criminal activity to the community, and encourages degradation of women and other activities which break down societal and family structures; and WHEREAS, the City Council of the City of Cape Canaveral believes that without regulation, public nudity constitutes harmful conduct and occurs in a manner which is incompatible with the normal primary activity of a particular place at a particular time; and, WHEREAS, the City Council of the City of Cape Canaveral's sole intent in enacting this Ordinance is to prohibit the conduct of being nude in public places and to suppress the adverse secondary effects such nudity generates; and WHEREAS, a requirement that exotic dancers don opaque covering sufficient to cover the genitals, buttocks and the breasts, as such portions of the human anatomy are defined in this Ordinance, does not deprive a dance of whatever erotic message, if any, it may convey, but simply makes such message, if any, slightly less graphic and imposes only an incidental limitation, if any, on the message; and WHEREAS, it is the intent of the City Council of the City of Cape Canaveral to protect and preserve the good order, public health, safety, welfare and morals of the City of Cape Canaveral by restricting, to the fullest extent allowed by the United States Constitution and Florida Constitution, the act of being nude in places which are not readily visible to the public; and City of Cape Canaveral Ordinance 18-2003 Page 2 of 12 WHEREAS, the City Council of the City of Cape Canaveral believes that the City of Cape Canaveral is a City that is, and desires very much to continue to be, a community that contains and is known for traditional and wholesome public recreational activities, natural features and resources, and historic facilities; and WHEREAS, the City Council of the City of Cape Canaveral believes that the average person applying contemporary City of Cape Canaveral community standards would find that the public nudity prohibited by this Ordinance, if allowed, when taken as a whole: (i) appeals to the prurient interests, and (ii) lacks serious literary, artistic, political, and scientific value; and WHEREAS, the City Council of the City of Cape Canaveral believes that non - regulation of persons appearing nude in public places within the City of Cape Canaveral encourages persons and entities to advertise outside of the City of Cape Canaveral and the State of Florida by billboard, radio, print and other media the availability of nudity in public places within the City of Cape Canaveral and thus encourages the influx into the City of Cape Canaveral of persons seeking: (i) to observe and/or participate in such nudity, and (ii) to participate in the disorderly, harmful, and illegal conduct that is associated therewith, thereby increasing injuries and damages to the citizens of the City of Cape Canaveral who will be victims of such increased disorderly, harmful, and unlawful conduct and thereby working directly against the City of Cape Canaveral's economic development and tourism development activities; and WHEREAS, the City Council of the City of Cape Canaveral believes that commercial advertising and/or exploitation of nudity encourages escalation of nude and lewd conduct within the competing commercial establishments exploiting such conduct and thereby increases the adverse effects upon public order and the public health; and WHEREAS, the City Council of the City of Cape Canaveral believes that the commercial exploitation of women as exotic dancers and/or exploitation of any gender's nudity encourages escalation of nude and lewd conduct within the competing commercial establishments exploiting such conduct and thereby increases the adverse effects upon public order and the public health; and WHEREAS, the City Council of the City of Cape Canaveral believes that the prohibitions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which is adverse to public order, health, safety, morality, and decency within the City of Cape Canaveral when such conduct takes place at locations where the public is present or is likely to be present, or where such conduct would be readily visible to the public; and WHEREAS, the City Council of the City of Cape Canaveral believes that the passage of this Ordinance is necessary to preserve the basic character of the City of Cape Canaveral; and City of Cape Canaveral Ordinance 18-2003 Page 3 of 12 WHEREAS, states may regulate the conduct of appearing nude in public places. See Pap's A.M. v. City of Erie, 812 A. 2d 591 (Pa. 2002); Michael Barnes v. Glen Theater, Inc. 501 U.S. 560, 111 S. Ct. 2456 115 L. Ed. 2d 504 (1991) and Cafe 207, Inc. v. St. Johns County, 856 F. Supp. 641 (M. D. Fla. 1994), afPd, 989 F.2d 1136 (11th Cir. 1995); and WHEREAS, this Ordinance is substantially similar to the Seminole County public decency ordinance upheld as constitutional by Judge 0. H. Eaton, Jr. of Florida's Eighteenth Judicial Circuit in Koziara et al v. Seminole County, Florida, Case No. 99 - CA -511-16-E (April 23,2003); and WHEREAS, the City Council of Cape Canaveral has taken significant note of the fact that Seminole County and Brevard County are in the same state judicial circuit and that uniformity of judicial decisions in a particular circuit are favored by the courts; and WHEREAS, the City Council of the City of Cape Canaveral is not hereby prohibiting nudity in private places or prohibiting nudity which is protected by the United States Constitution or Florida Constitution; and WHEREAS, the City Council of the City of Cape Canaveral believes that the express exemptions contained in this Ordinance provide adequate protection to persons who, without such express exemptions, might otherwise be prevented or discouraged by this Ordinance from exercising constitutionally protected rights; and WHEREAS, this Ordinance is intended to regulate conduct, not speech; and WHEREAS, this Ordinance is a general ordinance regulating conduct and is not an ordinance that affects the use of land as contemplated by Section 166.041, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by referent as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section Code Amendment. That Section 50-2 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby repealed in its entirety: (underlined type indicates additions end stokeeut type indicates deletions). City of Cape Canaveral Ordinance 18-2003 Page 4 of 12 Section 3. New Chapter 11, Cape Canaveral Code. That the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and str*9964 type indicates deletions). CHAPTER 11 PUBLIC DECENCY Section 11-5. Title. This Chapter shall be known as the "City of Cape Canaveral Public Decency Code." Section 11-10. Intent. (a) It is the intent of this Chapter to protect and preserve the good order, health, safety, welfare, and morals of the citizens of the City of Cape Canaveral by prohibiting a person from intentionally or recklessly appearina or being nude orcausing (b) It is the further intention of this Section to accomplish those intents and Section 11-15. Definitions. When used in this Chapter, the following terms shall have the following meanings: (a) Breast. A portion of the human female mammary gland (commonly referred to as the female breast) including the he nipple and the areola (the darker colored area of the breast surrounding the nipole) and can outside area of such gland wherein such outside area is: (i) reasonably compact and contiguous to the areola. and (ii) contains at least the nipple and the areola and 114 of the outside_ surface area of such gland. (b) Buttocks. (For a short general description see the Inst sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) whish lies between two imaginary straight lines running parallel to the -ground when a person is standing, the first or top such line being 112 inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance City of Cape Canaveral Ordinance 18-2003 Page 5 of 12 rx: (sometimes referred to as the gluteal fold) and between two imaginary straight lines one on each side of the bodv (the "outside lines") which outside lines are perpendicular tg, the ground and to the horizontal,lines gescribed above and which Perpendicular outside lines. pass through the outermost point (s) at which each nate meets the other side of each leg. Notwithstanding the above buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of thg human body that is between either: (i) the left inside perpendicular line and the left outside pereendicular lines or (ii) the right inside perpendicular line and the right outside perpendicular lineFor the purpose of the Previous sentencg the left inside Perpendicular line shall be an imaginary straight line on the left side of the anus: (i) that is perpendicular to the ground and to the horizontal lines described above, (ii) that is 1/3 of the distance from the anus to the left outside line and the right inside perpendicular line shall be an imaginarystraightline on the right side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above, and (ii) that is 1/3 of the distance from the anus to the night outside line (The above d scri 'on can gangrally ke describ2g as covering /3 of the buttocks centered over the cleavage for the length of the cleavage.) (c) Entity. Any progrietorship. partnership corporation association business trust, ioint ,venture, ioint-stock company or other for profit and/of not for profit organization. (d) Nude. Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully -opaque covering: (1) the male or female genitIls, or the pubic area, or the vulva, or the penis, or the female Bregst (each female person may determine which of her breast surface area (see definition of breast) contiguous to and containing the nipple and the areola is to be covered); or (2) the anus, or (3) the anal cleft. qr (4) the anal cleavage, or (5) the buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to, G -Strings, T -Backs, dental floss and thongs. For the purposes of this subsection, body paint, body dyes, tattoos, liquid latex whether wet or dried, string, and dental floss and similar substances shall not be considered "opaque covering." (e) Person. Any live human being aged ten (,10) years of ape or older. City of Cape Canaveral Ordinance 18-2003 Page 6 of 12 (f) Places Provided Q[ Set Apart For Nudity. Enclosed single sex public restrooms, enclosed single-sex functional shower, single-sex locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping- accommodations, doctor's offices Portions of hospitals the yard area of residences and similar Places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy con§titutionally protected therein. This term shall not be deemed to include places where a Person's conduct of being nude is used for his or her profit or where Ding nude is used for the Promotion of business or is otherwise for commercial gain (a) Public Place Any location freguented by the public or where the public is present or likely to be Present or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks beaches business and commercial establishments (whether for Profit or, not for profit and whether open to the public at large or where entrance is limited by, a cover are or membership re uirement or membership fee the clubs hotelsmotels, restaurants, night clubs country clubs rets and meeting facilities utilized by any religious, social, fraternal or similar organization Premises or portions thereof such as hotel rooms, used §olel-v as a 2rivate- residence, whether r anent or temporary in nature shall not be deemed to be a public place. Section 11-20. Findings. In addition and supplemental to the findings and determinations contained in the recitals ("Whereas" clauses) of Ordinance 18-200$ which are incorporated by reference into this Section, it is the intent of the City Council of the City of Cape Qanaverall to regulate the conduct of appearing nude in public places for the purpose of mulating_nudity and other conduct In addition considering what has happened in other communities the acts., prohibited in Section 11-25 of this Chapter encourage or create the potential for the conduct of adverse secondary effects such as but not limited toprostitution,- attempted rate, rape and assault Further, actual and simulated nydity and sexual conduct in PuWic places besets and has the otential for begetting undesirable ang unlawf I behavior. Moreover, sexual, lewd lascivious, and salacious conduct in public places results in the violation of law and creates dangers to the health. safety, morals. and welfare of the Public and those who enciage in such conduct. It is the intent of Section 11-25 of this Chapter to specifically Prohibit nudity, gross sexuality and the simulation thereof in public places. Section 11-25. Nudity, Sexual Conduct Prghibited. (a) No person shall knowingly, intentionally or regklessiv appear, or cause another person to appear, nude, as defined in Section 11-15(d), or expose to public view his or her genitals, vulva, penis, pubic area, or buttocks, or any simulation thereof: (b) No Person shall knowingly. intentionally or recklessly expose, or g2use a female Person to expose her breasts or any simulation thereof to public view: City of Cape Canaveral Ordinance 18-2003 Page 7 of 12 (c) No person or entity maintaining owning or operating a public place shall encourage allow or Permit any person to appear nude or torose to public view his or her genitals, pubic area, vulva, penis, anus, or any portion of the buttocks or simulation thereof. This Section shall be violated if any portion of the buttocks is visible from any vantage point: d) No person shall engage in and no person or entitv_maintainina. ownina. or operating a public place shall encourages allow or permit any sexual intercourse masturbation sodomy, bestiality, oral copulation, flagellation, lap dancing straddle dancing, an sexual exual act which is prohibited bylaw,touching., caressing or fondling of the breasts, buttocks, anus,, or genitals, or the simulation thereof-, (e) Each female person may determine which 1/4of her breast surface area (see definition of breast) contiguous to and containing the areola is to be covered: and this Section shall not be deemed to address ohotoaraphs movies, video presentations or other non -live Performances. (f) It shall be unlawful for any person to knowingly, intentionally, or recklessly appear, or cause another person to appear, nude as defined in Section 11-15(d), in a public place or in any other place which is readies visible to the public except as provided in Section 11-30 of this Chapter. It shall also be unlawful for any person or entity maintaining, owning, or operating any public place to encourage, suffer or allow any person to appear nude in such public Place, except as provided in Section 11-30. Section 11-30. Exemptions. The prohibitions of Section 11-25 of this Chapter shall not apply: (a) When a person appears nude in a glace provided or set apart for nudity, as defined by this Chapter, provided: (i) such person is nude for the sole purpose of Performing the legal function(s) that is/are customarily intended to be performed within such place provided or set apart for nudity, and (ii) such person is not nude for the purpose of obtaining money or other financial pain for such person or for another person or entity. b) When the conduct of beina nude can not leaally be orohibited by this Chapter because: (i) it constitutes a part of a bona fide live communication, demonstration or eerformance by a person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a aenuine meesaag or public expression and is not a mere guise or pretense utilized to exploit the conduct of being nude for profit or commercial gain (see for instance Board of County Commissioners v. Dexterhouse. 348 So. 2d 916 Fla. 2nd DCA 1977 and as such is protected by the United States Constitution or Florida Constitution,, or (ii) it is otherwise protected by the United States Constitution or Florida Constitution. (c) A mother's breastfeeding of her baby does not under any circumstance violate the provisions of this Chapter. City of Cape Canaveral Ordinance 18-2003 Page 8 of 12 Section 11-35. Enforcement and Penalties -Any or entity violating any- of the provisions of this Chapter shall be prosecuted in the same manner as misdemeanors are Lose ted. Such violations shall be 12rosecuted in a court having-Wrisdiction of incident or separate occurrence of an ad that violates this Chapter shall be deemed a separate offense. Section 11-40. Injunctive Relief. In addition to the procedures provided in this Chapter, persons and entities that are not in conformity with theserequirements shall be subiect to appropriate civil action in the court of appropriate iurisdiction for abatement Section 4. Conforming Amendments to the Adult Entertainment Code. That Article IV of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and st0keeut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Article IV. It is intended that the text in Article IV denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). ARTICLE IV. ADULT ENTERTAINMENT Division 1. Generally Sec. 10-86. Definitions. Specified anatomical areas means: (1) Less than completely and opaquely covered: a. Human genitals or pubic region; b. The anal -clef-ef-the human buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to. G - Strings, T -Backs, dental floss and thongs; C. Any portion of the human female breast (the eeleFed Fing around the nipple). This definition shall indude the City of Cape Canaveral Ordinance 18-2003 Page 9 of 12 , provided the aFeela is nGt so expGsed. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Breast. A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (,the darker colored area of the breast surrounding the nipple) and an outside area of such Band wherein such outside area is: (i) reasonably compact and continuous to the areola and (ii) contains at least the nipple and the areola and 1/4 of the outside surface area of such gland Buttocks. (For a short general description seg the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines running parallel to the ground when a person is standing, the first or top such line being 1/2 inch below the top of the vertical cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold) and between two imaginary straight lines one on each side of the body (the 'outside lines"), which outside lines are perpendicular to the ground and to the horizontal lines described above and which perpendicular outside lines pass throyah the outermost point (s) at which each nate meets the other side of each leg. Notwithstandina the above, buttocks shall not include the leg the hamstring muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either: (i) the left inside Perpendicular line and the left outside perpendicular line, or (ii) the right inside Perpendicular line and the right outside perpendicular line. For the purpose of the Previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus: (i) that islaerpendicular to the around and to the horizontal lines described above. (ii) that is 1/3 of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above, and (ii) that is 1/3 of the distance from the anus to the right outside line. (The above description can generally be described as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.) Division 3. Permit for Employees Sec. 10-136. Required. (a) Unless specifically excluded in subsection (b) of this section, it shall be unlawful for any person to obtain employment in an establishment licensed or permitted to operate under this article, for any form of consideration, OF tG eXhibit OF display City of Cape Canaveral Ordinance 18-2003 Page 10 of 12 in an establishment licensed or permitted to operate under this article, unless and until such person shall have first obtained an adult entertainment permit or temporary permit from the city manager. (b) This division shall not apply to employees engaged exclusively in performing janitorial or maintenance services. Division 4. Operation of Establishments Sec. 10-172. Exhibit or display of certain anatomical areas by employees or patrons prohibited. It shall be unlawful for any employee of a commercial establishment, regardless of whether it is licensed under this article, where the employee knows or should have known that alcoholic beverages are on the premises, to exhibit or display the human female -breast specified anatomical areas. Sec. 10-177. Adult dancing establishment. (2) No employee in an adult dancing establishment shall engage in the display or exhibition of specified anatomical areas, unless th positioned in an (3) involving the display OF exhibition of sperified aAatemiGal aFe No employee shall enga.ge in any performance in view of a patron of the establishment, including erotic dances, unless the performance occurs on a permanent platform raised a minimum of ei h een 18 inches above the surrounding floor and encompassing an entertainment area of at least one hundred (100) sauafe feet and at least three (3) feet from a patron. No Patron shall be resen on th latform or within the ntert- irtment area during performances. City of Cape Canaveral Ordinance 18-2003 Page 1 i of 12 Section b. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. c i n 6. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section S. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this I day of , 2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor For Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance 18-2003 Page 12 of 12 Against Meeting Type: Regular Meeting Date 07-01-03 AGENDA Heading Ordinance -I°` Hearing Item 12 No. beverages. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 19-2003, AMENDING SECTION 110-171 RELATING TO SPECIAL EXCEPTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES DEPT./DIVISION: P&ZJGROWTH MANAGEMENT Requested Action: City Council consider at first reading Ordinance No. 19-2003 relating to special exceptions for the sale of alcoholic beverages as recommended by the Planning & Zoning Board. Summary Explanation & Background: This proposed ordinance creates a reciprocal 300 -foot distance requirement for a church, school or playground from any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. Establishes conditions for a restaurant and conditions for the suspension or revoking of an alcoholic beverage special exception. The Planning & Zoning Board recommended this ordinance at their 06-11-03 meeting. The city treasurer and I recommend approval. Exhibits Attached: P&Z memo dated 06-23-03; Ordinance No. 19-2003 City Mana Office Department P&ZIGROWTH MGMT /11 cape- \myd0c nt n\councilMase ing\2003\07 01-03\19-2003.aoc I City of Cape Canaveral CW Date: June 23, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Amending Seciton 110-171, Establishments Serving Alcoholic Beverages ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board reviewed the above referenced proposed ordinance at the meeting held on June 11, 2003 and unanimously recommended approval to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lazy 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 Via Hand Delivery Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Offices in Orlando, Kissimmee, Cocoa & Viera June 19, 2003 Re: Alcohol Special Exceptions - Ordinance 19-2003 City of Cape Canaveral - General File No. 513-001 Dear Bennett: Debra S. Babb-Nutcher Jeffrey P. Buak John U. Biedenharn, Jr. Joseph E. Blitch Michelle H. Brett Douglas Lambert Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos Erin J. O'Leary Of Counsel Enclosed is the revised ordinance regarding alcohol special exceptions, Ordinance 19-2003. Paragraph (b) under Section 110-171 has been added and revised in its entirety. Please schedule this ordinance for first reading at the next City Council meeting. If you have any questions, please call. Ve tru ours, Anthony A. Garganese City Attorney AAG:jf Enclosures Ordinance 19-2003 225 East Robinson Street, Suite 660 - P.O. Box 2873 -Orlando, 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 ORDINANCE NO. 19-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE, RELATING TO SPECIAL EXCEPTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 562.45, Florida Statutes, expressly permits a municipality to enact ordinances regulating alcoholic beverage establishments; and WHEREAS, the City desires to clarify and correct the requirements for obtaining and maintaining a special exception for the sale and consumption of alcoholic beverages; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Section 110-171 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 110-171. It is intended that the text in Sections 110-171 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 19-2003 Page 1 of 5 Section 110-171. Establishments serving Alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this subsection and also the following: (1) The establishment shall not be permitted to locate within 300 feet of any existing church, schoolgrounds or playgrounds nor shall a church, school or p1gygxound be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. Measurement shall be made from the main entrance of the establishment to the closest lot line of the church, schoolgrounds or playgrounds by following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road. (2) The establishment, ofa-vendor if licensed by the state division of alcoholic beverages and tobacco to permitting on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The specific distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. Further, the establishment shall be in compliance with the Florida Beverage Laws (Chs. 561 through 568, Fla. Stat.). Provided, however, exceptions to this subsection 110-171(a)(2) are: a. Restaurants seating 200 or more persons. b. Hotels and motels with 50 or more guestrooms. C. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: 1. The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. City of Cape Canaveral Ordinance No. 19-2003 Page 2 of 5 2. Consumption of food and malt beverages or wine shall be on - premises only; however, food carryout without the alcoholic beverages may be permitted. 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period. .— :d affidavit attesting to the compliance of the, required percentage. Such affidavit shall be binding apon the owner of tITC. restatir In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception, the owner of the restaurant shall execute and deliver to the city an affidavit and agreement, upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provisions of this subsection 110-171(a)(2)c.3. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of its the special exception granted under this section. AU subsequent purchaser, assignee or transferee will be required to execute and deliver to the city an affidavit and agreement, as provided above, in order to maintain the special exception upon the property provided by this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. (b) The special exception may be stibject to cancellation by the board of adjustment if the b finds that the establisinnent has been detrimental to the health, saf��, welfw e and morals U the public mid that all laws pertaining to the establishment's operation have not been complied w Any special exception granted under this section may be temporarily City of Cape Canaveral Ordinance No. 19-2003 Page 3 of 5 suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: W The establishment has obtained the special exce tip on upon false statements, fraud, deceit, misleading` statements, or suppression of material facts; The establishment has committed substantial violations of the terms and conditions on which the special exception was anted; The establishment no longer meets the requirements of this section or the Florida Beverage Code; or L4) The management of the establishment knowingly allowed illegal activities to be conducted on the premises including, but not limited to, possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful gambling_ Prior to anv special exception being revoked, the establishment shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross examine adverse witnesses. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 19-2003 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Alcohol_Spec_Except.wpd ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 19-2003 Page 5 of 5 day of For Against Meeting Type: Regular Meeting Date 07-01-03 AGENDA Healing Ordinance -0 Hearing Item 13 No. I recommend approval at first reading. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 20-2003, AMENDING CODE SECTION 1-15, PROVIDING FOR THE RECOVERY OF ATTORNEYS FEES AND COSTS DEPT./DIVISION: LEGISLATIVE Requested Action: Cit Council consider at first reading Ordinance No. 20-2003, providing for the recovery of attorneys fees and costs in a prevailing legal or equitable cause of action brought to enforce any provision of the City of Cape Canaveral Code. Summary Explanation & Background: This proposed ordinance is a result of a recent code review workshop. I recommend approval at first reading. Exhibits Attached: City attorney's memo of 06-20-03; Ordinance no. 20-2003 City Ma 's Office Department LEGISLATIVE ._ _�j 7 �myuc�wq��circum\council\meeting\duu3\u/-cul-U3\Lu-zuu3.ctoc Sent By: BROWN,WARD,SALZMANBWEISS,P.A.; 407 425 9596; Jun -20-03 12:20PM; Page 2/5 BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attonraya at Lam Usher L. Brown' SUzont* (YAQreeta^ An fmy A. Gargenese- Gay S. Sabvwl John H. Ward' Je*ey S. Weise 'Boead Ce0W Clop Trim Lawyer 'Board Cwt*W Business Utipation Lawyer oRmrd CJ"NW City, County 6 Local Oovemment Law Via Facsimile Only Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Off m i4 Orlando, Kissinuncc, Debra S, 9ab"utulw Cocoa do Vier, Jolkey P. Beak Jahn U. SWden hare, Jr. Jowoh E. BVIch Lfthehe H. Brett 00ty c Lambert Jennifer A. Midwei tr)"Ie A. Redoin Vincent E. Scarlatos June 20, 2003 Era+ J. O'Lcory of counsel Re: Amendment to Section 1-15, City Code -Ordinance 20-2003 City of Cape Canaver*1- General File No. 513.001 Dear Bennett: Enclosed is a new Ordinance 20-2003, amending Section 1-15 of the City Code per City Council's direction from a prior Code workshop. Please schedule this ordinance for first reading at the next City Council meeting. If you have any questions, please call. V y yours, __�� Anthony A. Garganese City Attorney AAG:jf Endosure Ordinance 20-2003 223 East Robinson Street, Suite e00 - P.O. Sort 2073 . "ndo, Florida =M.2873 Orlanft (407) 425-950 Fox (407) 42644 - KksM mee (321) 402.0144 • Cocoa 6 Viers (M) 425 -OW WebB W WWw.orIwxWaw.net • Emait: fimhQorW Woiaw.net ORDINANCE NO. 20-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 1-15 OF THE CAPE CANAVERAL CODE, RELATING TO GENERAL PENALTIES; PROVIDING FOR THE CITY, AS A PREVAILING PARTY, TO RECOVER ITS REASONABLE ATTORNEY FEES AND COSTS 1N ANY LEGAL OR EQUITABLE CAUSE OF ACTION BROUGHT TO ENFORCE ANY PROVISION OF THE CAPE CANAVERAL CODE; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is currently limited in its ability to recover its reasonable attorneys' fees and costs incurred in actions brought to enforce provisions of the Cape Canaveral Code; and WHEREAS, the City desires to provide a mechanism that permits the City to recover, as a prevailing party, its reasonable attorneys' fees and costs incurred in any legal proceeding brought to enforce the Cape Canaveral Code in order to relieve the City of Cape Canaveral and its citizens of this financial burden; and WHEREAS, ordinances which allow a city to recover reasonable attorneys' fees and court costs in legal proceedings to secure compliance with the city code serve a valid municipal purpose and are enforceable. City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2nd DCA 1983); and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 20-2003 Page 1 of 3 Section 2.1 Code Amendment. That Section 1-15 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions, stdkeewt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 1-15. It is intended that the text in Section 1-15 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 1 GENERAL PROVISIONS * * * Sec. 1-15. General penalty; attorneys' fees and costs. * * d) In addition to and supplemental to any other provision of the city code the city shall be entitled, as Prevailing Party,to recover reasonable att s' fees and court costs incurred in any legal proceeding„ brought by the city to enforce env provision of the city code through all appgllate proceedings Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. SectIo13 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Phis space Intentionally left blank] City of Cape Canaveral Ordinance No. 20-2003 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attomey ROCKY RANDELS, Mayor For Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverto City of Cape Canaveral Ordinance No. 20-2003 Page 3 of 3 Against Meeting Type: Regular Meeting Date 07-01-03 AGENDA Heading Resolutions item 14 No. reflected on the utility bills mailed out during the first week of September. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-26, ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION DEPT./DIVISION: FINANCE/ADMINISTRATION Requested Action: City Council consider the adoption of Resolution No. 2003-26, establishing a new schedule of rates for garbage and trash collection. Summary Explanption & Background: The solid waste collection agreement with Waste Management provides for an annual rate increase that is tied to the September 2002 CPI of 1.5% with a 15% discount. The rate increase will be 1.28%, effective 08-01-03, and will be reflected on the utility bills mailed out during the first week of September. I recommend approval. Exhibits Attached: Resolution No. 2003-26; Waste Management's letter dated 06-12-03 City Ma e ' Office Department FINANCE/ADMINISTRATION cape - \mydo = \council\me7 2003\07-01-03\2003-26.doc RESOLUTION NO. 2003-26 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLROIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 62-5 of the Code of Ordinances of the City of Cape Canaveral provides for the establishment of a rate schedule for garbage and trash removal; and WHEREAS, there is an agreement between the City and the Collector dated November 18, 1997, as amended, which provides for reconsideration of the schedule of charges based upon the adjustments and any change in the Consumer Price Index to a maximum of five percent (5%); and WHEREAS, the Consumer Price Index for September, 2002, has changed and increased overall by 1.5%. A rate increase based on 85% of CPI, or 1.28%. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Rate Schedule in Resolution No. 2002-26 is hereby modified with, and the following rate schedule for garbage and trash removal is hereby established: a. Single family, duplex and triplex .................................... $ 7.67 per unit per month b. Mobile home units and individual Apartments or condominiums..........................................4.74 per unit per month C. Individual commercial business Accounts with trash cans ............................................. 11.23 per unit per month d. Commercial dumpsters used by Commercial business, apartment Complexes and condominiums ....................................... 27.96 per unit per month e. Special collection services — in Addition to the normally provided twice Weekly service for commercial dumpsters As provided in paragraph "d" above....................................4.00 per con- tainerized yard per pick-up City of Cape Canaveral, Florida Resolution No. 2003-26 Page 2 f. Recycling Service......................................................... 2.21 per dwelling unit SECTION 2. Savings Clause — If any provision, paragraph, word, section or article of this resolution is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect. SECTION 3. This Resolution shall become effective August 1, 2003. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ATTEST: Rocky Randels, MAYOR FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY \\Cape-nt\cityclerk\CityClk\Resolutions\FEES\Garbage Rates 2003.doc WASTE MANAGEMENT P. O. Box 120189 7382 Talona Drive (32904) West Melboume, FL 32912-0189 (321) 723-445 5 (321) 984-8170 Fax June 12, 2003 Ms. Andrea Bowers City of Cape Canaveral P O Box 326 Cape Canaveral, Fl. 32920 Dear Vis. Bowers, I would like to take this opportunity to request the increases provided for in Addendum # 1, Section 2, of the Franchise Agreement between the City of Cape Canaveral and Waste Management. The Agreement provides for an annual adjustment on August 1 of each year based upon a 15% reduction in any annual increase in the Consumer Price Index (CPI) for all Urban consumers, unadjusted (U.S. City Average: all items) as reflected in the CPI for the prior September. The CPI for September 2002 is 1.5% and the amount of the increase based on 85% (a 15% reduction) of the CPI is 1.28%. Effective August 1, 2003, the rate for the City of Cape Canaveral will increase as follows: • Single Family Service rate will increase from $7.57 per month to $7.67. • Multi -family Service rate will increase from $4.68 per month to $4.74. • Commercial Can Service rate will increase from $11.09 to $11.23. • Container Yards rate will increase from $27.61 to $27.96. • Extra Container Yards rate will increase from $3.95 to $4.00. • Single Family With Bins rate will increase from $2.18 to $2.21. • Multi -family With Bins rate will increase from $2.18 to $2.21 We appreciate the opportunity to service the City of Cape Canaveral. Please call me if you have any questions. Sincerely, George Geletko Divisional Manager Business Development GG/aa cc: Kenny Rivera CONSUMER PRICE INDEX (1982-84=100) U.S. Department W", of Labor Bureau of Labor �r`".r�,.•A Statistics Southeast BLS Information Office in Atlanta www.b/s.gov; RELATED LINKS Page 1 of 2 SOUTH EASTERN -REGIONAL OFFICE Fax -on -Demand: (404) 331-3403 61 FORSYTH STREET, SW, ROOM 7T50 Request document: 9105 ATLANTA, GEORGIA 30303 TELEPHONE: 404-331-3415 CONSUMER Group PRICE INDEX (1982-84=100) September 2002 All urban consumers Wage earners & clerical workers Index Percent change Index Percent change Sept 2001 Sept 2002 Aug 2002 Sept 2002 Sept 2001 Sept 2002 Aug 2002 Sept 2002 U.S. City Average All items (1982-84=100) 18 1. 0 1.5 0.2 177.0 1.3 0.2 All items (1967=100) Food and beverages 176.9 1.3 0.2 176.2 1.3 0.2 Housing 181.5 1 71 177.0 2.2 0.1 Shelter 209.2 3.6 -0.2 203.0 3.6 0.0 Rent of primary residence 200.7 3.5 0.2 200.0 3.5 0.2 Apparel IL 124.6 F -1.7 3.4 123.5 -1.7 3.3 Transportation 154.0 -1.0 0.1 1 153.1 -1.3 0.1 Medical care 287.7 4.6 0.1 286.7 4.7 1 0.1 Recreation 1/ Education & communication 1/ 106.2 109.5 1.0 2.7 -0.1 0.6 104.4 109.1 0.6 2.4 -0.3 0.5 Other goods and services 297.0 3.2 0.4 307.8 4.2 0.6 South Region All Items (1982-84=100) 174.2 1.2 0.2 171.7 0.8 0.2 All Items (Dec 1977=100) 282.6 1 278.2 - Food and beverages 174.1 1.2 0.2 172.9 1.1 0.2 Housing 166.4 1.5 -0.1 164.9 1.4 0.0 Apparel I 136.4 -1.8 4.0 135.1 -1.7 3.8 11 http://stats.bls.gov/ro4/cpisep.htm 6/11/03 CONSUMER PRICE INDEX (1982-84=100) Page 2 of 2 (Transportation ( Medical care 150.6 279.4 -0.5 4.6 0.1 0.3 149.9 279.6 -1.1 4.7 0.1 0.3 Recreation 1/ 105.5 0.3 0.0 103.7 0.2 -0.1 Education & communication109.1 1/ 2.2 0.2 ] 108.2 1.6 0.1 Other goods and services 287.0 1.5 0.1 295.0 — r 1.4 0.3 1/ Indexes on a December 1997=100 base. - Data not available. C� Frequently Asked Ouestions Freedom of Information Act I Customer Survey Privacy & Security Statement Linking to Our Site I Accessibility Information U.S. Bureau of Labor Statistics Southeast Information Office Room 7T50 61 Forsyth St., S.W. Atlanta, GA 30303 www.dol.gov URL: - Phone: (404) 331-3415 Fax: (404) 331-3445 Southeast Information questions: BLSinfoAtlanta(dbls.gov Technical (web) questions: webmaster(albls.gov Other comments: feedback0bismov http://stats.bls.gov/ro4/episep.htm 6/11/03 Meeting Type: Regular Meeting Date 07-01-03 AGENDA Heading Resolutions Item 15 No. complete this task. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-27, PROVIDING FOR A SIX-MONTH EXTENSION OF THE EVALUATION PERIOD FOR COMMERCIAL SEWER RATES DEPT./DIVISION: FINANCE/ADMINISTRATION Requested Action: City Council consider the adoption of Resolution No. 2003-27 extending the commercial sewer rate evaluation for another six months as recommended by the city treasurer. Summary Explanation & Background: The city treasurer is working on updating the commercial sewer rate model and is requesting additional time to complete this task. The attached quote of $18,500 from Malcolm Pirnie, Inc. will give you all an idea of the cost to complete this task. I support the city treasurer's recommendation to extend the evaluation period. Exhibits Attached: Resolution No. 2003-27; City treasurer's memo; Pirnie quote City Man r Mee Department FINANCE/ADMINISTRATION ed�m\mydocTmtt4ts\��ouncil\meeting\2003\07-01-03\2003-27.doc RESOLUTION NO. 2003-27 A RESOLUTION OF THE CITY OF CAPE CANAVERAL AMENDING THE COMMERCIAL SEWER RATES, PROVIDING FOR A SIX MONTH EXTENSION OF THE EVALUATION PERIOD, AS PROVIDED FOR IN CHAPTER 78 UTILITIES, ARTICLE III, SECTION 78-152 APPENDIX B OF THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 78-152 of the Code of Ordinances, provides for the adjustment of the monthly sewer rates by Resolution; and WHEREAS, the City Council desires to extend the six months evaluation period set forth in Resolution No. 2002-51 to evaluate the commercial Sewer Rate Structure for an additional period of six months effective July 1, 2003; and WHEREAS, during the extended evaluation period, the 3% commercial sewer rate increase scheduled for January 1, 2003 shall be delayed until January 1, 2004; and WHEREAS, this Resolution is deemed in the best interest of the health, safety and welfare of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida as follows: SECTION 1. The Commercial Sewer Rate schedule as set out in Appendix B, Chapter 78, Utilities, Article III, shall remain unchanged at the 2002 rates for the evaluation of the Commercial Sewer Rate structure effective January 1, 2003 and ending on December 31, 2003. SECTION 2. Prior to the Expiration of the Commercial Sewer Rate evaluation period of December 31, 2003, City Council shall either implement the 3% increase, extend the evaluation period and/or revise the commercial rate structure. SECTION 3. This resolution shall become effective upon its adoption. \\CAPE-NT\finance\UTILITIES\SEWER\Resoludon No. 2003-27.doc City of Cape Canaveral, Florida Resolution No. 2002-51 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of 2043. Rocky Randels, MAYOR ATTEST: Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY FOR AGAINST Memo TO: Honorable Mayor and members of City Council Ca. Bennett Bou&er, City Manager ' Fran: Andrea Bowers, City Treasurer Data 23 June 2003 Ree Amending the Commercial Sewer Rates In December of 2002, Council detef fined that it wished to extend the existing commercial sewer rate for a period of six months due to the following concerns. The single family customer pays sewer on only the first 4,000 gallons of water consumption. The multi -family customer pays sewer on all water consumption. The commercial customer pays for sewer based on a percentage of the dollar amount billed by the City of Cocoa for water. This figure is currently 435%. 2. Because of the edsting rate structure, each time the City of Cocoa raises their rates our commercial customers sustain a secondary sewer rate increase This would allow time to evaluate the current structure and whether the revenue with the current stricture was sufficient We are now completing the six month period. As was stated in the second quarter budget transfers, revenues from Sewer Utility are lower than originally projected. A decrease in budgeted revenue was made in the amount of $32,000. Based on the current revenue figures, if we rely on the Rate Sufficiency model, completed in 2000, current revenues will not be sufficient to maintain the Waste Water Treatment Plant without implementing the commercial rate increases. For this reason it is my recommendation that Council extend the evaluation period and invest in an updated formal evaluation of revenue sutfidency which will address the commercial structure and the effects that will be generated should the commercial customers be billed on a more equitable consumption basis. I have contacted Robert Lockridge, formally of Burton & Associates, who prepared the current rate model. He is in the process of preparing a formal quote to perform the needed evaluation, based on the tilling information acquired for the 2000 model. It is our hope that using the existing data will reduce the costs. June 23, 2003 Ms. Andrea Bowers City Treasurer City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Re: Wastewater System Rate Study Dear Ms. Bowers: Thank you for your request for a proposal to conduct a rate study for the City of Cape Canaveral Wastewater Utility System. For over a century, Malcolm Pirnie has been one of the nation's leading professional engineering and consulting organizations. We specialize in the water and wastewater industries, providing design, engineering, and management consulting expertise. Recently, my colleague Jonathan Varnes and I joined the firm to provide utility rate studies and other financial analysis services through the Red Oak Consulting Division of the firm. As you are aware, I have a long- standing relationship with the City, working on numerous financial analysis projects over a period of almost ten years. Following is our proposal for assisting you in evaluating the rates currently charged to the customers of the City's Wastewater Utility System. Included are a scope of services, proposed fee and brief resumes of the core project team. We look forward to discussing our proposal with you and to working with you on this important project. In the meantime, if you have any questions or comments, feel free to contact me in the Orlando office at (407) 659-5552 or on my cell phone at (407) 620-9957. Sincerely, MALCOLM PIRNIE, INC. /signed/ Robert Lockridge Senior Associate Wastewater Utility System Rate Study Project Understanding The City of Cape Canaveral owns and operates a wastewater utility system, accounted for as a City enterprise fund. Cape Canaveral wastewater customers are provided water service by the City of Cocoa. Residential wastewater customers pay a fixed monthly charge plus a charge based on volume of water consumed. Commercial customers are charged a percentage of their City of Cocoa water bill. The City is interested in considering a system of rates and charges that would place both residential and commercial customers on the same basis of billing (a uniform rate), using a fixed monthly charge plus a usage charge based on water consumption. An important factor in the City's decision regarding any rate change will be the impact on each class of customers at various levels of consumption. Project Approach Malcolm Pirnie proposes to assist the City by carrying out work in two phases: Phase 1 — Prepare a revenue requirements analysis and five-year pro -forma financial forecast. In this phase of work, we would carry out the following tasks: • Obtain relevant data, including currently budgeted operations and maintenance expense, and debt service requirements and estimated capital expenditures for the next five years. • Prepare an analysis, based on best -estimate assumptions, of total revenue requirements over the next five years, including estimates of required increases in current rates, if any, to meet those requirements. • Discuss this analysis with staff in one conference at your location. • Make changes and provide to staff for final review. • Present results to City Commission. Phase 2 — Develop Alternative Rates for Consideration by the city In this phase of work, we would carry out the following tasks: • Obtain billing data on file with the City. We understand that this data is not current, but that the City accepts what they consider to be any small errors involved in an across-the-board adjustment of the outdated data so that it produces current rate revenue. • Develop a uniform system of rates that would produce sufficient revenue for FY 2004 (based on the revenue requirements analysis in Phase 1). • Discuss rates in one meeting with staff, at your location. • Make changes and provide to staff for final review. • Present results to City Commission. Proposed Fee Our proposed fee for this project, on a lump -sum basis inclusive of expenses, is as follows: Phase 1: $7,500 Phase 2: 11,000 Total $18,500 Malcolm Pirnie Project Team Robert Lockridge, Project Manager Mr. Lockridge has over 25 years' experience in financial analysis and administration, the last 10 of which have been spent specializing in the conduct of rate studies for water and wastewater utilities. During that time, Mr. Lockridge managed over 200 water and wastewater rate projects, including several rate studies and a wastewater impact fee study for the City of Cape Canaveral. He has particular expertise in economics and accounting for governmental and not-for-profit organizations, having received the Government Finance Officers' Association awards for Distinguished Budget Presentation and Excellence in Financial Reporting. Mr. Lockridge has presented papers and conducted seminars in rate -setting for such organizations as the American Water Works Association and the Florida Water Resources Conference, and has done extensive work for the St. Johns River Water Management District (Florida) in the area of conservation rates and the rate impact of alternative water resources. He has a B.A. degree from Mercer University. Mr. Lockridge will be responsible for overall project management, technical review, and report and presentation preparation. Jonathan Varnes, Project Analyst Mr. Vames has 6 years experience in financial analysis, including over 100 financial analyses for water and wastewater utilities. Recent clients served include Orange County, the City of Ocoee, the City of Sarasota, and the City of Tarpon Springs. Mr. Varnes has assisted in the preparation of papers for the Florida Water Resources Conference, and has done extensive work for the St. Johns River Water Management District (Florida) in the area of conservation rates and the rate impact of alternative water resources. He has a B.S. degree in Finance from the University of Florida. Mr. Varnes will be responsible for technical analysis on the project and will assist in report preparation and presentations. Meeting Type: Regular Meeting Date 07-01-03 AGENDA Heading Discussion Rem 16 No. Attached you wih find the related concept drawings and cost estimates for these projects. The Beautification Board AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: BEAUTIFICATION BOARD RECOMMENDATIONS FOR A NEW CITY HALL SIGN, PAVER STONES AROUND CITY HALL AND LANDSCAPING AROUND CITY HALL DEPT./DIVISION: BEAUTIFICATION BOARD Requested Action: City Council review the Beautification Board's recommendation for the following: New City Hall Digital Sign: $ 9,500 estimated cast Paver Stones Around City Hall: $12,700 estimated cost City Hall Landscaping: $53,970 estimated cost Summary Explanation & Background: Attached you wih find the related concept drawings and cost estimates for these projects. The Beautification Board and staff put a lot of work into these recommendations. If City Council agrees with the board's recommendation, the public works staff will secure bids for these projects. This is just the board's recommendation. City Council could accept, reject, modify or send back to the board any of the recommendations. Please advise. Exhibits Attached: Public works director's memo of 06-17-03 and supporting documents City Ma e ' Office Department BEAUTIFICATION ��-�� ��r�.+�fyuc+•tea �ya+nrat \Cuunu-L-L \mee411ig-9z UU.3 \ V /-V 1-U3 \cltyhall .floc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: June 17, 2003 SUBJECT: City Council Agenda Item for July 1, 2003 Approval of Beautification Board Projects Recommendation City Hall Sign, City Hall Pavers, City Hall Planting At the Beautification Board meeting of June 10, 2003, the committee recommended three beautification projects and are requesting the endorsement of City Council: 1. City Hall Digital Sign - The Beautification Board approved a motion to recommend a new City Hall Sign with Digital Board / Software at a cost of $9,500 (see attached Proposal and design). Allocate funding from Beautification account. 2. City Hall Pavers — The Beautification Board approved a motion to recommend York Stone Pavers (sealed) to be utilized around City Hall at the cost of $12,700 (see attached Preliminary Cost Estimate and design). Allocate funding from the Bennix Fund. 3. City Hall Planting — Discuss Beautification Board recommendation to landscape the City Hall property, to include irrigation repairs and upgrade at the cost of $53,971 (see attached Preliminary Cost Estimate and design). Allocate funding from the Bennix Fund. Recommend the approval of the three (3) Beautification Board Projects and direct City Staff to take action as recommended by Council. Attachments CC: File City Hall Sign June 6, 2003 Ms. Kathleen Burson Parterre LA " Ph./Fax: 385-2615; Cell: 544-8306 E mail: kbla@parterrela.com 2425 N. Courtenay Parkway, Suite 9 Merritt Island, FL 32953 (321) 449-9455, Fax (321) 449-1055 E-mail: design@alphamrc.com FL License AA0003182 — ENG0008044 — 1130001162 Re: Fee Proposal for Architectural and Structural/Mechanical/Electrical Design for City of Cape Canaveral Sign, Cape Canaveral, Florida. Alpha MRC (AMRC) is pleased to propose on the above -referenced Design project."The fee proposal for Architectural Services is valid for a period of 60 days. Scope of Services: The current Design Package will consist of: Basic Scope of Services • .Architectural, Structural, Mechanical and Electrical drawings. Constr. Cost Estimate. The drawings will be signed and sealed. 1. Terms and Conditions of Agreement 1.1 Final Drawings and Specifications on Drawings (100%). 2. Construction Phase Construction Admin. 3. Basis of Compensation Professional design services as per the above Scope Of Work as outlined below: 1. Architectural/Structural/Mech./Electrical Design $ 2,600.00 2. Construction Cost Estimate (all disciplines) $ 2,040.00 3. Construction Administration (demolition & installation) Arch/Struct/Mech/Electr $ 2,350.00 The fee will be billed according to the mile -stone percentage complete. All of the Fees above are Competition Sensitive Data - Not releasable Alpha MRC Architects Engineers North Cape Canaveral Sign 1 l S • Page 2 4. Additional Services Includes any changes to the plans that are determined to be "Out of Scope' to the items described on Section 1 of this agreement, or any changes made once the Final Design has been approved. Compensations for these additional services will be billed on an hourly basis according to the following schedule**: Architect $68.00 Civil Engineer N/A Structural Engineer $68.00 Mechanical Engineer $68.00 Electrical Engineer $68.00 CAD drafter $40.00 j Documentation/Clerical N/A **Aft of the Rates above are Competition Sensitive Data - Not releasable Additional services will proceed once written approval is obtained from the client or his duly authorized representative. 5. Reimbursable Expenses The following expenses shall be billed as incurred according to Section 4. These expenses are not to be considered as part of the overall design fee. Copies of all invoices or receipts of these expenses will be attached to our invoice submittals. Expenses will be incurred, after client's approval 6. Invoices 6.1 Invoices for services rendered are submitted according to the payment schedule. Payment is to be received within 15 days from the date of delivering the plans. If prompt payment is not paid the original or any copies will not be provided to the client until the proper amount is paid. 6.2 If payments are not made according to the scheduled outlined in Section 3, basis of Compensation, and efforts are made in the collection thereof, the client shall pay ail costs, attorney's fees and legal expenses incurred in the collection process. Further, the parties agree that the venue for such litigation shall be in the courts of Brevard county, Florida. 6.3 The client and/orAMRC may terminate this agreement at anytime. Should the owner terminate this agreement, he is responsible for payment of all work completed to date along with all reimbursable expenses. Should AMRC terminate this agreement, all work performed to date shall be made available to the owner, provided proper compensation has been made. 7. Client's Responsibilities The client shall furnish all pertinent information for the project, including a program defining design objectives, and criteria. These items shall be supplied at the owner's expense and the engineer shall be entitled to rely on the accuracy and completeness thereof. Alpha MRC Architects Engineers North Cape Canaveral Sign • Page 3 Job site safety - Neither the professional activities of the Consultant, nor the presence of the Consultant and his or her employees and subconsultants at a construction/project site, shall relieve the relieve the General Contractor/Contr9ctor of their obligations , duties, and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the Work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Consultant and his or her personnel have no authority to exercise any control over any construction contractor or their employees in connection with their work or any health or safety precautions. The Client agrees that the General Contractor/Contractor is solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's agreement with the General Contractor/Contractor. ,Delays — the Client agrees that the Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond the Consultant's control. For purposes of this agreement, such causes include, but are not limited to, severe weather disruptions or natural disasters, fires, riots, war or other emergencies or acts of God; failure of performance by the Client or the Client's contractors or consultants; or discovery of any hazardous substances or differing site conditions. In addition, if the delays resulting from any such causes increase the cost or time required by the Consultant to perform its services in an orderly and efficient manner, the Consultant shall be entitled to an equitable adjustment in schedule and/or compensation. Information Provided by Others — The Client and the Client's contractors and consultants shall furnish, at the Client's expense, all information, requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. Certificate of Merit - The Client shall make no claim for professional negligence, either directly or by way of a cross complaint against the Consultant unless the Client has first provided the Consultant with written certification executed by an independent consultant currently practicing in the same discipline as the Consultant and licensed in the State of Florida. This certification shall: a) contain the name and license number of the certifier; b) specify the acts or omissions that the certifier contends are not in conformance with the standard of care for a consultant performing professional services under similar circumstances; and c) state in detail the basis for the certifiers opinion that such acts or omissions do not conform the standard of care. This certificate shall be provided to the Consultant not less than thirty (30) calendar days prior to the presentation of any claim or the institution of any arbitration, mediation or judicial proceeding. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration in conformance with AIA Document B151-1997. This Certificate of Merit clause will take precedence over any existing state law in force at the time of the claim or demand for arbitration. Alpha MRC Architects Engineers Michael Constantinide, PE Vice President /jtGr ��itcrif TtL�, June 06, 2003 Signature Date Alpha MRC Architects Engineers North Cape Canaveral Sign V01801-1 '1V2i3AVV 3dVJ V38V NMO1NM00 3J031 N0021"' """^'� : 1"3AVNVJ 3dV3 )0 1J10 sol NOIS JIM " 1 � NMVA3-MG aawv 7V3MVNn 3M w urs w U N _ U Z � � p n z 0 itLaa J W I z U J I a < W a z = a, ay U � Li r CAPE CANAVERAL CITY HALL June 10, 2003 CITY HALL SIGN LANDSCAPE ARCHITECTURE PRELIMINARY COST ESTIMATE OPTION #1: SIGN WITH DIGITAL BOARDISOFMARE _.OPTION #2: SIGN WITHOUT DIGITAL Parterre LA 385 Delespine Avenue$ Titusville, Florida 32780 kbla@cfl.rr.com tel/fax 4071385-2615 $ 9,500. S 6,500. City Hall Pavers ,S•. ;:CTION 02515 - UNIT PAVERS PART 1 - GENERAL RELATED DOCUMENTS Drawings and general provisions of contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to work of this section. SUMMARY Extent of unit pavers is indicated on drawings and in schedules. Types of unit pavers and applications include the following: Concrete pavers, ungrouted mortarless applications for building entrance walkways. Items: Paver Fields: 1. Precast Concrete Pavers by Tremron Inc. (or equal) of the following size, pattern and color: Size: York Stone Rectangles: 8 W 1. x4 %" w. x 2 3/8" h. Squares: 4 %" 1. x 4 W w. x 2 3/8" h. Pattern: Staggered Runner Color: Dark Orange/Orange Cream Paver Borders and Decorative Bands: 2. Precast Concrete Pavers by Trem ron Inc. of the following size, pattern and color: Size: Standard 4" x 8" Brick Pattern: Single Soldier Course Color: Dark Orange 3. 1 1/2" Limestone screenings setting bed 4. 8" Compacted subbase (by others) 5. Dry Sugar sand for filling joints QUALITY ASSURANCE Installer Qualifications: Specialty Pavers contract must be awarded to a single sub -contractor specializing in and having a minimum of 5 years proven experience with the installation of concrete pavers. Engage an installer who has successfully completed within the last three years at least five unit paver applications similar in type to that of this project and who will assign mechanics from these earlier applications to this project, of which one will serve as lead mechanic. Field -Constructed Mock -Up: Prior to installation of unit pavers, fabricate mock-up using materials, pattern and joint treatment indicated for project work. Build mock-up in form of panel at the site, in location indicated or directed, if full thickness and approximately 4'x 3', unless otherwise indicated. Provide range of color, texture and workmanship to be expected in the completed work. Obtain Architect's acceptance of visual qualities of mock-up before start of unit paver work. Do not move or destroy mock-up until work is completed. Do not change source of brands for paver units or setting materials during progress of work. DELIVERY, STORAGE AND HANDLING Protect unit pavers and all associated construction materials during storage and construction against wetting by rain or ground water and against soilage or intermixture with earth or other types of materials. UNIT PAVERS 02515-1 PART 2 - PRODUCTS MANUFACTURER Concrete Pavers: Tremron of Miami, Inc. (or equal) 1 800 567-1480 UNIT PAVERS Concrete Pavers: Solid units of interlocking design, in sizes and shapes indicated, complying with ASTM C 936, and made from normal weight aggregate as per above sizes and colors. SETTING MATERIALS Ungrouted Mortarless Setting Materials for Concrete Pavers: 4" Stabilized Subgrade: Native soils compacted to 95% to 98%; ASTM D698. Limestone screenings for Leveling Course/Setting Bed: 1" aggregate complying with ASTM C-33 Sand for Joints: ASTM C-144, silica sand, gradation for thin joints. Brick paver edging to be STABLE EDGE 1/8" x 1 - 5/8" (3.2mm X 41mm) "L" shaped aluminum paver restraint in an 8' section as manufactured by Curv-Rite, Inc.; Wayland, MI 1-800-366-2878. Sections to be aluminum alloy 6063 with a T-6 hardness. A-3" aluminum splicer inserted 1-1/2" into each adjoining section shall be used to create an uninterrupted edging system that has a continuous support system on both sides of the vertical wall. Edging base shall have holes on 4" centers along length of section for receiving 3/8" x 10" spiral steel spikes with insulating plastic washers. (Specify quantity of spikes per section - up to 25 maximum) spikes shall be used per section. See manufacturer's specifications for further installation instructions. PART 3 - EXECUTION INSTALLATION Do not use unit pavers with chips, cracks, voids, discolorations or other defects. Cut unit pavers with motor -driven saw equipment to provide clean, sharp unchipped edges. Cut units to provide pattern indicated and to fit adjoining work neatly. Use full units without cutting. Coordinate work with all other landscape work. This work is in the immediate drip line of several existing specimen Live Oaks. All excavation and installation shall be done by hand. No heavy equipment shall be permitted in the landscape area. No mechanical excavation; no heavy equipment. All excavation work shall be done under the approval and site presence of the City Arborist or other designated Certified Arborist. Excavation and compaction shall be minimal necessary. Construction Methods - Compact subbase to density required in Earthwork Section as per FDOT standards for roadway construction. Stabilized subbase compacted to 95% to 98% Proctor Density, ASTM D698; rolled and tamped. Install limerock subbase and. Place sand for leveling course over compacted limerock subbase and screed loose to a thickness of 1 ", taking care to ensure it remains loose; until paving units are set and compacted. Set concrete pavers by hand in straight courses, hand tight, being careful not to disturb leveling base. Use string lines KNIT PAVERS 02515-2 'i keep straight lines. Use motor driven block splitter to cut edges when full -see units cannot be used. Select units from 4 or more cubes to blend color and texture variations. Install aluminum edge restraint as per manufacturer's instructions. Vibrate concrete pavers into leveling base with a plate vibrator capable of a 3,500 to 5,000 Ib. compaction force. Perform this operation on installed areas of paving at end of each day or before any rain. Tolerances: Do not exceed 1/16" unit -to -unit offset from flush, and a tolerance of 1/8" in 2'-0" and 1/4" in 10'-0" from level or slope as indicated, for finished surface of paving. Fill joints after vibration with sand for joints. Remove all sand from paved area by thoroughly sweeping the entire work area and removing from the site. Set and level each paver immediately to adjacent paving or prepared finished grade or elevation. REPAIR, CLEANING AND PROTECTION Remove and replace unit pavers which are loose, chipped, broken, stained or otherwise damaged, or if units do not match adjoining units as intended. Provide new units to match adjoining units and install in same manner as origial units, with same joint treatment to eliminate evidence of replacement. Remove all surplus sand from work area and dispose of legally. Throughout length of work, maintain a clean orderly work site. Do not leave any trash, packaging, used pallets or steel bands on-site overnight. The work site should be safe and uncluttered at all times. The contractor shall be responsible for the health, safety and welfare for all persons and property whom are within the work area and acting in a normal manner. Protect all completed work from vehicular and pedestrian traffic for a period of forty-eight (48) hours. Provide additional protection and maintain conditions in a manner acceptable to installer which ensures unit paver work being without damage or deterioration at time of substantial completion. UNIT PAVERS 02515-3 n n n 31R Ro t-3 j ; S landscape hardscape plan prepared for: It z' u CAPE CANAVERAL CITY HALL Landscape Architecture and Site Planning CAPE CANAVERAL CITY HALL June 23, 2003 CITY HALL PAVERS LANDSCAPE ARCHITECTURE PRELIMINARY COST ESTIMATE YORK STONE PAVERS; TUMBLED AND SEALED @ $5.35 per sf @ 2,000 sq.ft. DEMOLITION OF EXISTING WALKS$ Parterre LA 385 Delespine Avenue, Titusville, Florida 32780 kbla@cfl.rr.com tel/fax 407/385-2615 r' \ 'j $10,700. 2,000. _ City Hall Planting vw 9 � ppp AL s yZ asza�ga .40� m-� -'�g L m ie 2v g, m o r t+esarrd s -i res l 4t \\ i �� � i fl fix- - ♦ � �w .40� m-� -'�g L m ie 2v g, m o r CAPE CANAVERAL CITY HALL February 7, 2003 COMMON NAME/ LANDSCAPE ARCHITECTURE PRELIMINARY COST ESTIMATE Unit Botanical Name Specification (Quare Cost Total TREES MEDJOOL DATE PALM 8'ct, florida fancy, matched 4 5,000. 20,000. Phoenix dactylifera `Medjool' CABBAGE PALM 12'ct 5 175. 875. Sabal palmetto 15'ct 6 175. 1,050. 18'ct 6 175. 1,050. 21'ct 3 175. 525. 24'ct 3 175. 525. YAUPON HOLLY 8'ht x 3'sp; full; florida fancy 12 175. 2,100. Ilex vomitoria 2'ct; 2"dbh; matched; uniform GREEN BUTTONWOOD 10'ht x 3'sp; full; florida fancy 10 175. 1,750. Conocarpus erectus 21ct; 2 1/2"dbh; matched; uniform LARGE SHRUBS MIRROR LEAF VIBURNUM 4'ht x 4'sp 27 20. 540. Viburnum awabuki ftg; 4'oc PLUMBAGO `Imperial Blue' 18"ht x 18"sp, full, 15 12. 180. Plumbago 30"oc CROTON SPP. 3 gal, 18"ht x 18"sp, full, 62 12. 744. Codiaeum variegatum 3'oc DWARF SHRUBS/GROUNDCOVERS COONTIE 3 gal, 12"ht x12"sp, full 226 17. 31,842. Zamia pumila 24"oc HOLLY FERN 3 gal, 14"ht x 14"sp, full 275 10. 2,750. Cyrtomium falcatum 24"oc DWARF GAMAGRASS 1 gal, 18"ht, full 95 5. 475. Tripsacum floridana 24"oc PENTAS 6"pot; 8"ht x 8"sp; full 188 5. 940. Pentas lanceolata 15"oc, color selected by owner GOLD LANTANA 6"pot; 8"ht x 8"sp; full 85 5. 425. Lantana Camara `Goldmound' 15"oc DWARF JASMINE 6"pot, 6"ht x 14"sp, full 520 5. 2,600. Trachelospermum `Minima' 18"oc PINK BEGONIA 6"pot; 6"ht x 6"sp; full 40 5. 200. Begonia spp. 15"oc FLORATAM SOD sf, certified weed free 7,000 .30 2,100. St AuFustine'Floratam' Planting subtotal: $42,671. Parterre Ltd 385 Delespine Avenue, 'Titusville, Florida 32780 kbla@cfl.rr.com tel/fax 407/385-2615 preliminary cost estimate February 7, 2003 page 2 cape canaveral city hall SITE PREPARATION AND FINISHING Shredded Cypress Mulch cubic yard; 3" depth all planting beds 70 40. 2,800. and 5' dia. tree mulch rings Landscape Mix cubic yard; '/4 cy per tree; 25 40. 1,000. 3" depth planting beds, 30/30/40 compost/peat moss/sand Earthwork berm cubic yard, 10:1 berm as shown on plans 60 75. 4,500. 20/20/60 compost/peat moss/sand Site Prep Subtotal: 90 DAYS FINAL MAINTENANCE IRRIGATION repairs and upgrade Preliminary Total: LIST OF ABBREVIATIONS: cmt clear multi trunk Sp spread cst clear single trunk ht height ftg full to ground oa oc on center sf square foot gal dbh diameter 4' above ground Parterre LA 385 Delespine Avenue, Titusville, Florida 32780 kbla(aDcfl.rr.conl tel/fax 407/385-2615 $ 8,300. $ 500. $ 2,500. $ 53,971. overall gallon SECTION 02900 - LANDSCAPE WORK PART 1 - GENERAL RELATED DOCUMENTS Drawings and general provisions of Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this section. DESCRIPTION OF WORK This Section includes provisions for the following items: Trees. Shrubs. Plants. Ground cover. Lawns. Soil amendments. Initial maintenance of landscape materials. Related Sections: The following sections contain requirements that relate to this Section. Underground sprinkler system is specified in Division 2 Section, "Underground Irrigation System." QUALITY ASSURANCE Subcontract landscape work to a single firm licensed, insured and specializing in landscape installation. A minimum of five years experience or project contracts similar in scope and size is required. Source Quality Control: General: Ship landscape materials with certificates of inspection required by governing authorities. Comply with regulations applicable to landscape materials. Do not make substitutions. If specified landscape material is not obtainable, submit proof of non-availability to Owner, together with proposal for use of equivalent material. Analysis and Standards: Package standard products with manufacturer's certified analysis. For other materials, provide analysis by recognized laboratory made in accordance with methods established by the Association of Official Agriculture Chemists, whrever applicable. Topsoil: Before delivery of topsoil, furnish Owner with written statement giving location of properties from which topsoil is to be obtained, names and addresses of owners, depth to be stripped and crops grown during past 2 years. Palms, Trees, Shrubs and Plants: Provide palms, trees, shrubs and plants of quantity, size, genus, species and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock". Provide healthy, vigorous stock, grown in recognized nursery in accordance with good horticultural practice and free of disease, insects, eggs, larvae and defects such as knots, sun -scald, injuries, abrasions or disfigurement. Label at least one tree and one shrub of each variety with a securely attached waterproof tag bearing legible designation of botanical and common name. Inspection: The Owner will inspect palms, trees and shrubs either at place of growth or at site before planting, for LANDSCAPE WORK 02900-1 compliance with requirements for genus, species, variety, size and quality. Owner retains right to further inspect trees and shrubs for size and condition of balls and root systems, insects, injuries and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from project site. SUBMITTALS General: Submit the following in accordance with Conditions of Contract and Division 1 Specification Sections. Plant and Material Certifications: Certificates of inspection as required by governmental authorities. f Manufacturer's or vendor's certified analysis for soil amendments and fertilizer materials. / Label data substantiating that plants, trees, shrubs and planting materials comply with specified requirements. Seed vendor's certified statement for each grass seed mixture required, stating botanical and common name, percentages by weight, and percentages of purity, germination, and weed seed for each grass seed species. Planting Schedule: Proposed planting schedule, indicating dates for each type of landscape work during normal seasons for such work in area of site. Correlate with specified maintenance periods to provide maintenance from date of substantial completion. Once accepted, revise dates only as approved in writing, after documentation of reasons for delays. Maintenance Instructions: Typewritten instructions recommending procedures to be established by Owner for maintenance of landscape work for one full year. Submit prior to expiration of required maintenance period(s). Soils testing: Complete testing of site soils after earthwork is Complete is to be performed by the landscape contractor. A certified lab report is to be provided to the client and to the landscape architect to determine soil amendments and adjustments. Complete testing at a minimum includes pH, salt ppm, iron, percolation and fertility. In addition to the lab testing, the landscape contractor is to use a 36" steel probe to determine if and where hard pan or other impervious layer exists within 36" of the finish grade. DELIVERY, STORAGE AND HANDLING Packaged Materials: Deliver packaged materials in containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery, and while stored at the site. Sod: Time delivery so that sod will be placed within 24 hours after stripping. Protect sod against drying and breaking of rolled strips. Palms, Trees, Shrubs: Do not prune prior to delivery unless otherwise approved by Architect. Do not bend or bind - tie trees or shrubs in such manner as to damage bark, break branches or destroy natural shape. Provide protective covering during delivery. Do not drop balled and burlapped stock during delivery. Deliver palms, trees, shrubs after preparations for planting have been completed and plant immediately. If planting is delayed more than 6 hours after delivery, set palms, trees and shrubs in ' shade, protect from weather and mechanical damage, and keep roots moist by covering with mulch, burlap or other acceptable means of retaining moisture. Do not remove container grown stock from containers until planting time. JOB CONDITIONS: LANDSCAPE WORK 02900-2 Utilities: Determine location of underground utilities and perform work in a manner which will avoid possible damage. Hand excavate, as required. Maintain grade stakes set by others until removal is mutually agreed upon by parties concerned. Excavation: When conditions detrimental to plant growth are encountered, such as rubble fill, adverse drainage conditions, or obstructions, notify Architect before planting. SEQUENCING AND SCHEDULING Planting Time: Proceed with, and complete landscape work as rapidly as portions of site become available. Coordination with Lawns: Plant trees and shrubs after final grades are established and prior to planting of lawns, unless otherwise acceptable to, Owner. If planting of trees and shrubs occurs after lawn work, protect lawn areas and promptly repair damage to lawns resulting from planting operations. SPECIAL PROJECT WARRANTY Warranty lawns through specified lawn maintenance period, and until final acceptance. Warranty for one year. Warranty palms, trees, shrubs through specified maintenance period, and until final acceptance. Warranty for one year. Remove and replace trees, shrubs, or other plants found to be dead or in unhealthy condition within 30 days after written notification by the owner during warranty period. Replace trees and shrubs which are in doubtful condition at end of warranty period; unless, in opinion of owner, it is advisable to extend warranty period for a full growing season. Another inspection will be conducted at end of extended warranty period, if any, to determine acceptance or rejection. Only one replacement (per tree, shrub or plant)"will be required at end of warranty period, except for losses or replacements due to failure to comply with specified requirements. PART 2 -PRODUCTS TOPSOIL Provide new topsoil if necessary, which is fertile, friable, natural loam, surface soil, free of subsoil, clay lumps, brush, weeds and other litter, and free of roots, stumps, stones larger than 1" in any dimension, and other extraneous or toxic matter harmful to plant growth. Obtain from naturally drained sources, and shall contain at least (60%) sixty percent organic matter. Acidity shall range from pH 5.5 to pH 6.5 inclusive. Do not deliver or use topsoil in muddy condition. SOIL AMENDMENTS The following are minimum specifications for soil amendments if such materials are found to be necessary in the manipulation of soil pH and fertilization. Lime: Natural dolomitic limestone containing not less than 85% of total carbonates with a minimum of 30% magnesium carbonates, ground so that not less than 90% passes a 10 -mesh sieve and not less than 50% passes a 100 -mesh sieve. Sulfur: Ferrous sulfate. Peat Humus: FS Q -P-166 decomposed peat with no identifiable fibers and with pH range suitable for intended use. Bonemeal: Commercial, raw, finely ground; 4% nitrogen and 20% phosphoric acid. Sand: Clean, washed sand, free of toxic materials. LANDSCAPE WORK 02900-3 Perlite: Conforming to National Bureau of Standards PS 23. Vermiculite: Horticultural grade, free of toxic substances. Sawdust: Rotted sawdust, free of chips, stones, sticks, soil or toxic substances and with 7.5 lbs. nitrogen uniformly mixed into each cubic yard of sawdust. Manure: Well rotted, unleached stable or cattle manure containing not more than 25% by volume of straw, sawdust or other bedding materials and containing no chemicals or ingredients harmful to plants. MULCH Organic mulch free from deleterious materials and suitable for top dressing of trees, shrubs or plants and consisting of the following: Premium Mini Pine Bark Nuggets. FERTILIZER For palms, trees, shrubs and other plant materials provide "Osmicote" Grace Sierra Ag tablets at installation as per manufacturer's specifications. These tablets must be provided for each and every plant in the manufacturer's specified quantities. Set plant material in planting hole, backfill w/ peat halfway up sides of ball then space Ag tablets equally around ball. Do not place tablets at bottom of hole. PLANT MATERIALS Quality: Provide palms, trees, shrubs and other plants of size, genus, species and variety shown and scheduled for landscape work and complying with recommendations and requirements of ANSI Z60.1 "American Standard for Nursery Stock'; Florida Grade #1 or better; according to Grades and Standards for Nursery Plants, State of Florida, Department of Agriculture, Tallahassee, FL; free from plant diseases, insect pests, or their eggs, with healthy well- developed root systems; nursery grown, well -branched densely foliated and well proportioned. Provide trees with no scars and with good crotch character. GRASS MATERIALS Sod: Provide strongly rooted sod, not less than 2 years old, free of weeds and machine cut to pad thickness of 3/4", excluding top growth and thatch. Provide only sod capable of vigorous growth and development when planted (viable, not dormant). Provide sod of uniform pad sizes with maximum 5% deviation in either length or width. Broken pads or pads with uneven ends will not be acceptable. Sod pads incapable of supporting their own weight when suspended vertically with a firm grasp on upper 10% of pad will be rejected. Provide the following in areas as specified on plans: St Augustine 'Floratam' sod. Argentine Bahia sod GROUNDCOVER Provide plants established and well -rooted in removable containers or integral peat pots and with not less than the minimum number and length of runners required by ANSI Z60.1 for the pot size shown or listed. No plants shall be loose in containers nor pot-bound. MISCELLANEOUS LANDSCAPE MATERIALS Peat Moss: Peat Moss shall be thoroughly pulverized Florida brown, low in content of woody material matter harmful to plant life. Peat Moss shall have a water absorbing capacity of 1100 to 2000 percent by weight. Water: May be furnished by Owner. Hoses or other methods of transportation from hose bibs furnished by LANDSCAPE WORK 02900-4 Contractor. Water shall be clean and free from deleterious material, suitable for drinking, and range from 50 degrees to 70 degrees fahrenheit. No planting shall be done until the irrigation for the plants is operational. Stakes and Guys: See detail on plan. PART 3 - EXECUTION PREPARATION Layout individual tree and shrub locations and areas for multiple plantings. Stake locations and outline areas and secure owner's acceptance before start of planting work. Make minor adjustments as may be required by owner. Preparation for Planting Lawns Loosen subgrade of lawn areas to a minimum depth of 4". Remove stones over 1-1/2" in any dimension and sticks, roots, rubbish and other extraneous matter. Limit preparation to areas which will be planted promptly after preparation. Spread top soil to a minimum depth required to meet lines, grades and elevations shown, after light rolling and natural settlement. Place approximately 1/2 of total amount of top soil required. Work into top of loosened subgrade to create a transition layer, and then place remainder of planting soil. Add specified soil amendments and mix thoroughly into upper 4" of topsoil. Preparation of Unchanged Grades: Where lawns are to be planted in areas that have not been altered or disturbed by excavating, grading, or stripping operations, prepare soil for lawn planting as follows: Till to a depth of not less than 6"; remove high areas and fill in depressions; till soil to a homogenous mixture of fine texture, free of lumps, clods, stones, roots and other extraneous matter. Prior to preparation of unchanged areas, remove existing grass, vegetation and turf. Dispose of such material outside of Owner's property; do not turn over into soil being prepared for lawns. Allow for sod thickness in areas to be sodded. Fine grade lawn areas to a smooth, even surface with loose, uniformly fine texture. Roll, rake and drag lawn areas, remove ridges and fill depressions, as required to meet finish grades. Limit fine grading to areas which can be planted immediately after grading. Moisten prepared lawn areas before planting if soil is dry. Water thoroughly and allow surface moisture to dry before planting lawns. Do not create a muddy soil condition. Restore lawn areas to specified condition if eroded or otherwise disturbed after fine grading and prior to planting. PREPARATION OF PLANTING BEDS Loosen subgrade of planting bed areas to a minimum depth of 6". Remove stones over 1-1/2" in any dimension, and sticks, stones, rubbish and other extraneous matter. Remove all roots from pre-existing weeds and/or grass. All planting beds shall be prepped clean and enriched with peat moss; apply a 4" depth of peat moss and rototill to 8" depth. In addition to peat moss, annual beds shall receive also a 3" layer of new topsoil/perlite/peat moss mix, worked in to a 6" depth. EXCAVATION FOR PALMS TREES SHRUBS AND GROUNDCOVER Excavate pits, beds and trenches with vertical sides and with bottom of excavation slightly raised at center to provide proper drainage. Loosen hard subsoil in bottom of excavation. LANDSCAPE WORK 02900-5 For Palms and Trees make excavations at least half again as wide as the ball diameter and equal to the ball depth, plus allowance for setting of ball on a layer of compacted backfill. Set trees so that the top of the root ball is 3" above finish grade. Set shrubs so that the top of the root ball is 1" above finish grade (to allow for settling). Subsoil removed from planting excavations should be mixed at a ratio of 50150 with peat moss before being placed back into the planting hole. Fill excavations for Palms, Trees, Shrubs and Groundcover with water and allow to percolate out before planting. PLANTING Planting Palms, Trees, Shrubs and Groundcover: Set palms, trees and shrubs on layer of compacted planting soil mixture, plumb and in center of pit or trench with top of ball 3" or 1" above adjacent finished landscape grades. When set, place additional backfill around base and sides of ball, apply fertilizer tablets halfway up and work each layer to settle backfill and eliminate voids and air pockets. Repeat watering until no more is absorbed. Water again after placing final layer of backfill. Backfill shall be watered 12" at a time. Dish top of backfill to allow for water holding. Mulch pits, trenches and planted areas. Provide not less than the following thickness of mulch and work into the top of backfill and finish level with adjacent finish grades. Provide 3" thickness of mulch. Unless otherwise directed by landscape architect, do not cut tree leaders, and remove only injured or dead branches from flowering trees, if any. Prune shrubs to retain natural character. Remove and replace excessively pruned or misformed stock resulting from improper pruning. Guy and stake trees immediately after planting, as indicated. Within 2 days of planting, cover all Palm, Tree, Shrub and Groundcover areas with a 3" layer of mulch. All trees should be planted either completely within or outside planting beds. Any trees outside planting beds should not be planted any closer than 6 feet to the bed line to allow for mowing accessibility. All trees in sod areas shall have a uniform 5' diameter mulch ring. Anything less than a perfectly circular ring centered by the tree will be unacceptable. SODDING NEW LAWNS Lay sod to form a solid mass with tightly fitted joints. Butt ends and sides of sod strips; do not overlap. Stagger strips to offset joints in adjacent courses. Work from boards to avoid damage to subgrade or sod. Tamp or roll lightly to ensure contact with subgrade. Work sifted soil into minor cracks between pieces of sod; remove excess to avoid smothering of adjacent grass. Anchor sod on slopes with wood pegs to prevent slippage. Water sod thoroughly with a fine spray immediately after planting. PLANTING GROUNDCOVER Space plants as shown or scheduled. Dig holes large enough to allow for spreading of roots and backfill with soil/peat moss mixture. Work soil around roots to eliminate air pockets and leave a slight saucer indentation around plants to hold water. Water thoroughly after planting, taking care not to cover crowns of plants with wet soils. Mulch LANDSCAPE WORK 02900-6 areas between ground cover plants; place not less than 3" thick. MAINTENANCE Begin maintenance immediately after planting. Maintain palms, trees, shrubs and other plants by pruning, cultivating and weeding as required for healthy growth. Restore planting saucers. Tighten and repair stake and guy supports and reset trees and shrubs to proper grades or vertical position as required. Spray as required to keep trees and shrubs free of insects and disease. Maintain trees, shrubs and other plants until final acceptance but in no case less than following period: .90 -days after substantial completion of planting. Maintain lawns for not less then the period stated below, and for as long as required to establish an acceptable lawn: not less than 4 weeks after substantial completion. Maintain lawns by watering, weeding, mowing, replanting as required to establish a smooth, acceptable lawn, free of eroded or bare areas. (Not applicable) Do not exceed fertilization rates as specified in this document. CLEANUP AND PROTECTION During landscape work, keep pavements clean and work area in an orderly condition. Protect landscape work and materials from damage due to landscape operations, operations by other contractors and trades and trespassers. Maintain protection during installation and maintenance periods. Treat, repair or replace damaged landscape work as directed. INSPECTION AND ACCEPTANCE When landscape work is completed, including maintenance, -landscape architect will upon request, make an inspection to determine acceptability. Landscape work may be, .inspected for acceptance in parts agreeable to landscape architect, provided work offered for inspection is complete, including maintenance. When inspected landscape work does not comply with requirements, replace rejected work and continue specified maintenance until reinspected by landscape architect and found to be acceptable. END OF SECTION LANDSCAPE WORK 02900-7 SECTION 02810 - IRRIGATION PIPING AND ACCESSORIES PART 1 GENERAL RELATED DOCUMENTS: Drawings and general provisions of contract, including General and Supplementary Conditions and Division -1 Specification sections, apply to work of this section. DESCRIPTION OF WORK: Extent of landscape irrigation work is shown on drawings and in schedules. Install underground irrigation system as specified. The work includes but is not limited to: 1 . Automatic irrigation system including piping, fittings, sprinkler heads, bubblers and accessories, necessary for full and adequate coverage. 2. Valves and fittings. 3. Controllers, control wire and surge protection. 4. Testing. 5. Excavating and backfilling irrigation system. 6. Associated plumbing and all accessories to complete the job. QUALITY ASSURANCE Provide only new materials, without flaws or defects and of the highest quality of their specified class and kind. Furnish warranties in WRITING certifying that the quality and workmanship of all materials and installation furnished are in accordance with these specifications and with the original manufacturer's warranties. Qualifications of Installers: At least one (1) person, acceptable to all parties involved on the job, should be present at all times during the execution of this portion of the work and who shall be thoroughly familiar with the type of materials being installed and the material manufacturer's recommended methods of installation, and who should direct all work performed in this section. SCHEDULING Installation shall be coordinated with all other trades working on site. SUBMITTALS Submit manufacturer's operating instructions to Owner at least 3 days prior to Final Completion for all products incorporated into the irrigation system. Provide written recommended operating instructions and maintenance schedules for the system including application rates and times to apply given depths of application for each zone and which zone covers each area. IRRIGATION PIPING AND ACCESSORIES 02810-1 Catalog Sheets: Submit catalog sheets or copies thereof prior to commencement of work for items on the list of materials. Record Irrigation Drawings: Contractor shall furnish Record Drawings of the complete irrigation system in accordance with the General and Special Conditions. Procure from the Owner full-sized sepias of Contract Drawings. Construction drawings shall be on the construction site at all times while the irrigation system is being installed. Contractor shall make a daily record of all work installed during each day. Actual location of valves and quick couplers and all irrigation and drainage piping shall be shown on the prints by dimensions from easily identified permanent features, such as buildings, curbs, fences, walks or property lines. Drawings shall show approved substitutions, if any, of material including manufacturer's name and catalogue number. The drawings shall be to scale and all �. indications shall be recorded in a neat, orderly and legible way. The record sepia shall be turned over to the Owner at or before the final acceptance of the project. Testing and Inspection Certifications: Provide all required testing and inspection certifications to the Owner with final application for payment. GUARANTEE Contractor shall assume full responsibility for the proper installation of the system and full coverage. Irrigation system components shall be specified and installed only within the capabilities and limitations stated by the manufacturer, by these standards, and any applicable local codes. Contractor shall make all necessary, reasonable efforts to handle any warrantee claims within 15 days of the receipt of the claim. Contractor shall guarantee the installation workmanship for a period of one year from Final Completion. PART 2 - PRODUCTS MATERIALS PVC Pipe and Fittings: All PVC pipe installed on pressure side of valves shall be ASTM D-2241 Class 200 or ASTM D-1785, Schedule 40. All other PVC pipe shall be ASTM D-2241 Class 200 gasketed bell pressure pipe. PVC pipe should comply with one of the following standards: ASTM D-1785, ASTM D-2241, or AWWA C-900. SDR -PR, pipe shall have a minimum wall thickness as required by SDR -26 - All solvent -weld PVC fittings shall, at minimum, meet the requirements of Schedule 40 as set forth in ASTM D-2464. PVC gasketed fittings shall conform to ASTM D-3139. Gaskets shall conform to ASTM F-477. PVC flexible pipe should be pressure rated as described in ASTM D-2740 with standard outside diameters compatible with PVC IPS solvent -weld fittings. Perform all solvent -weld connections in accordance with ASTM D-2855. Valve Boxes: Use American or Amatek VA -10 valve boxes that are constructed to withstand traffic loads common to the area in which they are installed. They should be sized to allow maintenance of IRRIGATION PIPING AND ACCESSORIES 02810-2 the enclosed valves without excavation. Each valve box should be permanently labeled to identify its contents. Low Voltage Wiring: All low voltage wire which is directly buried must be UL listed, direct burial wire. Wire not approved for burial must be installed in watertight conduits. All wire shall be a minimum of 14 gauge. Connections are to be made in a waterproof fashion using devices specifically designed for direct burial. 3M "dry -splice" or approved equal. Irrigation Controllers: All irrigation controllers shall be UL listed and properly grounded in accordance with manufacturer's recommendations. The controller housing or enclosure shall protect the controller from the hazards of the environment in which it is installed. Install per local code and manufacturer's latest printed instructions. Connect remote control valves to controller in clockwise sequence to correspond with station setting beginning with Stations 1,2,3, etc... Affix controller name (i.e. "Controller A") on inside of controller cabinet door with letters minimum of one (1 ") inch high. Affix a non -fading copy of irrigation diagram to cabinet door below controller name. Irrigation diagram to be sealed between two sheets of 20 mil (minimum) plastic. Irrigation diagram to be a reduced copy of the as -built drawing and shall clearly indicate station numbers, valve sizes and type of planting (i.e. shrubs, groundcover, or turf) irrigated. PVC Flex pipe connections shall be Spears Heavy Wall Flexible PVC Pipe or approved equal, average length of each connection is referred to on the drawings. Special flex -cement shall be utilized for making these connections. Gate Valves shall conform to Federal Specifications WWV 54, Type 1, Class A, with all bronze body, non -rising stem. Extra stock should be provided in addition to the installed system providing the Owner with the following: Two (2) sprinkler heads of each size and type. Two (2) valve keys for operating valves. Two (2) wrenches for each type of head. Two (2) wrenches for removing and installing each head type. PART 3 - EXECUTION PRE -INSTALLATION - Obtain location of existing utilities from municipal and private utilities and from Owner. IRRIGATION PIPING AND ACCESSORIES 02810-3 Obtain all necessary permits. Inspect the site for existing conditions that will affect the irrigation system design or installation, and develop a strategy to minimize disturbance of existing structures and landscape. Exercise care in digging and other work so as not to damage existing work including underground cables and pipes. Any pavement cut, broken or undermined during installation of the irrigation system shall be fully replaced with identical materials so that there is no visible indication of patching or repaving. Damaged Utility: Should the contractor damage any utility he/she shall notify the respective utility company and shall bear the full cost accrued by the utility company (labor and material plus damages if applicable) for its repair. Any objectionable materials such as old concrete, bricks, or other debris encountered during the installation operations shall be removed from the site. INSTALLATION Pipe Installation: Flag the location of all sprinklers, valves, controllers, source of water and electrical components in the field prior to installation. Conduct all necessary excavation for the proper installation of pipelines and accessories. After installation, backfill and compact the excavated soil to minimize post -construction settlement in the pipe trench. Dewater, shore and brace as needed to completely install the pipe. Pipe shall be installed at sufficient depth below ground to protect it from hazards such as vehicular traffic. Depths of cover shall conform to SCS Code 430 -DD, Water Conveyance, as follows: Vehicle Traffic Areas: Pipe Size(inches) 1/2-2 1/2 3-5 6 and larger Non -traffic and Non -Cultivated Areas: Pipe Size(inches) 1/2-1 '/2 2-3 4-6 6 and larger Depth of Cover(inches) 24 24 30 Depth of Cover(inches) 12 12 18 24 Make all pipe joints and connections according to manufacturer's recommendations. Pipe sleeves must be used to protect pipes or wires installed under pavement or roadways. Provide separate sleeving for piping and electrical wiring. Use pipe sleeves two pipe'sizes larger than the carrier pipe or twice the diameter of the wire bundle to be placed under the paving or roadway, and extending a minimum of 2 feet beyond the paved area or as required by FDOT (if required). Use sleeve pipe with a wall thickness at least equal to the thickness of schedule 40. Jack and bore piping under traffic areas shall be encased in full lengths of conduit to avoid placement IRRIGATION PIPING AND ACCESSORIES 02810-4 of joints under pavement. Proper backfill and compaction procedures should be followed. All connections between plastic pipe and metal valves or steel pipe shall be made with screw fittings using plastic male adaptors and a nonhardening pipe dope applied to male thread. Make-up with light wrench pressure. Steel pipe shall not be screwed into plastic fittings. All fittings for 6" or 4" PVC mainline shall be HARCO ductile iron fittings. Thrustblocking: All 4" and larger piping is to have thrustblocking at all changes in size or direction. Bends, reducers, plugs, and the opposite side of tee branches all require thrustblocks. -The size of the thrustblock is determined by the working pressure, the size and type of fitting, and the soil conditions at the job site. To calculate the area of contact with the soil, follow these steps: Calculate the total thrust by selecting thrust/100 by size and type of fitting from table 1 and multiplying thrust/100 by system pressure divided by 100. Divide the total thrust by the bearing capacity of the soil in excavation (from table 2) to determine the area (in square feet) of thrust block required to be in contact with the undisturbed soil. All trenches that are to be opened during any particular day shall be closed and backfilled the same day or shall be adequately barricaded and marked to ensure protection and safety. Backfill shall be thoroughly compacted and evened off with adjacent soil level. Do all necessary excavations, backfilling and compaction required for complete installation of the system. Compaction shall be made to correct density of the material. Control Valve Installation: Valve installation shall allow enough clearance for proper operation and maintenance. Automatic control valves installed underground"shall be in a valve box. Sprinkler Installation: On flat landscaped areas, install sprinkler plumb. In areas where they are installed on slopes, sprinklers may be tilted as required to prevent erosion. Install all sprinklers on funny pipe. Sprinklers should be adjusted to avoid unnecessary discharge on pavements and structures. Adjust sprinklers so they do not water roads. Provide a minimum separation of 12 inches between sprinklers and pavement. Provide a minimum separation of 12 inches between sprinklers and buildings and other vertical structures. Piping must be thoroughly flushed before installation of sprinkler nozzles. Low Voltage Wire Installation: Install low voltage wire (30 volts or less) with a minimum depth of cover of 12 inches. Install wire that is not UL listed for direct burial in a water -tight conduit. Use wire connectors that are approved for direct burial. All wire connections must be made with waterproof wire connector- 3M "Dry Splice" or equivalent. Provide a sufficient length of wire at each connection to allow for thermal expansion/shrinkage. As a minimum, provide a 12 inch diameter loop at all splices and connections. Install all above ground wire runs and wire entries into buildings in electrical conduit. Provide common wires with a different color than the power wires (white shall be used for common wires). IRRIGATION PIPING AND ACCESSORIES 02810-5 TESTING AND INSPECTIONS: After all welded joints have cured at least 24 hours, flush out lines and hydrostatically test all mainline at a pressure of 100 psi. Pressure shall be maintained on pipe for not less than two hours. Should any leaks be found, the tine shall be repaired and the line retested until satisfactory. Final Inspection: Demonstrate the entire system proving that all valves are properly balanced, that all heads are properly adjusted for radius and arc of coverage, that the system is workable, clean and efficient. The Maintenance Period shall begin at Final Acceptance and shall continue for 90 days. MAINTENANCE: Maintenance responsibility shall include full operation and maintenance of the irrigation system throughout Maintenance Period. Provide sufficient full time personnel who are fully trained in irrigation operation and maintenance procedures. Operation and maintenance shall include, but not be limited to, the following: Cleaning all equipment, valves, spray heads, and pipe. Make repairs necessary for proper operation and functioning of the system. assure proper emission of designed water quantities. Replace all broken, equipment with new equipment. END OF SECTION Maintain all spray heads to stolen or malfunctioning IRRIGATION PIPING AND ACCESSORIES 02810-6