HomeMy WebLinkAboutPacket 04-06-2010 RegularCity of Cape Canaver,41,11,11,
CITY COUNCIL MEETING
,NAVERAL LIBRARY MEETING ROOM
201 Polk Avenue
St. John's River Water Management District — Recognition of the City of Cape
Canaveral's Water Conservation Efforts
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7-45 8 i0 p.m.
Comments to be heard on items that do not appear on the agenda of this meeting.
105 Polk Avenue - Post Office Box 326 Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 Fax: (321) 868-1248
www.cityo.fcapecaiiaveral.org - email: ccapecanaveral@cfl.rr.com
City of Cape Canaveral, Florida
April 6, 2010
Page 2 of 3
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Council may schedule such items as regular agenda items and act upon them in
the future.
8:00, p.m. — "II8.-15 p.m.
3. Approve Interlocal Agreement between the City of Cape Canaveral and
the Board of County Commissioners of'Brevard County Regarding
Disaster Debris Removal.
4. Approve Resolution No. 2010-06; Relating to Emergency Relief
Procedures and Reimbursement for Natural! Disasters by the Federal
Emergency Management Administration (TEMA"); Making Findings;
Providing for Expedited FEMA Reimbursements and Audits.
ill. Approve Letters requesting support for the Kennedy Spac.
•-
p
ge
p.m. — 8 -30 p.m.
6. fTiotion to Adloipt: Ordinance No. 05-2010, Amending Chapter 110, Zonling!,
of the Code of Ordinances; Providing a Definition of "Child Care Facility",
Providing that Child Care Facilities May Be Permitted By Special
Exception in the R-2 Medium Density Residential District Subject to
Certain Conditions; Providing for the Repeal of Prior Inconsistent
Ordinances and Resolutions; Incorporation into the Code; Severability;
and an Effective Date.
7. —111pdate and Take Any Necessary Action on Citizen Request to Repair
Deteriorated Trusses and Roof at Neighboring Quad-plex Unit, Address
8740 Croton Court, Ocean Woods subdivision.
& Proposed Revisions to the Employee Handbook and Implementation of a
Supervisor's Guidebook.
lam,
f Cape Canaveral, Florida
1 16, 20 10
3 o,f 3
City Employee Retirement/Departu:re Celebrations for their Service to the
City.
WIMMIRO-TOMM
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/0612090
Subject: Florida Administrative Code 69A-60.008 Notice Required for structures With
Light -frame Truss -type Construction.
Department: Fire
Summary: This new rule requires all Commercial and Multi -family Residential buildings
to place signage that warns responders that the Building is constructed with light -frame
truss floors, roofs, or both.
Requested Council Action: NIA
Financial Impact: Varies. Locally these signs can be purchased at Ace Hardware for
19.99 each and $16.99 each for stickers. The signs can be purchased through Pride
Enterprises for $6.00 each and $4.00 each for the stickers. All City buildings and the
Fire Department Building have been surveyed and are currently being brought into
compliance
Attachments: F.A. rule 69A-60.008, Pride Brochure, and Florida Declaratory
Statement 10794 -10 -FM
Submitting Department Head: Dave Sargeant Date:03-10-2010
Approved by Acting City Manager: (`_/-,In„ _ may, Date: 3//t)/,o
City Council Action: [ ] Approved as Recommended j ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
69A-60.008 Notice Required for Structures With Liglrt-frame Truss-type Construction.
(1) Purpose: The purpose of this rule is to require the placement of an identifying symbol on structures constructed with a light-
frame truss component in a manner sufficient to warn persons conducting fire control and other emergency operations of the
existence of light-frame truss-type construction in the structure.
(2) Definitions_
(a) "Light-frame truss-type construction" means a type of construction whose primary structural elements are formed by a
system ofrepetitive wood or light gauge steel framing members.
(b) "Approved symbol" means a Maltese Cross measuring 8 inches horizontally and 8 inches vertically, of a bright red
reflective color, designed in accordance with Figure 1.
(3) Any commercial, industrial, or multiunit residential structure of three units or more, which uses horizontal or vertical light-
frame truss-type construction in any portion shall be marked with an approved symbol. Townhouses are not multiunit residential
structures and therefore not subject to this rule. Each approved symbol shall include within the center circle one of the following
designations:
(a) Structures with light-frame truss roofs shall be marked with the letter "R".
(b) Structures with light-frame truss floor systems shall be marked with the letter "F".
(c) Structures with light-fume truss floor and roof systems shall be marked with the letters "RF."
(4) The approved symbol shall be placed within 24 inches to the left of the main entry door and:
(a) Be permanently attached to the face of the structure on a contrasting background, or
(b) Be mounted on a contrasting base material which is then permanently attached to the face of the structure.
(5) The distance above the grade, walking surface or the finished floor to the bottom of the symbol shall be not less than 4 feet
(48 in.).
(6) The distance above the grade, walking surface or the finished floor to the top of the symbol shall be not more than 6 feet (72
in.).
(7) In single tenant structures with multiple main entry doors, such as big boa retail stores, department stores and grocery stores,
the authority having jurisdiction is authorized to require that other main entry doors of the structure be marked with an approved
symbol to carry out the purpose in subsection (1) above.
(8) In Multiple tenant structures and covered mall structures with multiple main entry doors, the authority having jurisdiction is
authorized to require that other main entry doors of the structure be marked with an approved symbol to cavy out the purpose in
subsection (1) above,
(9) In multiple tenant structures and covered malls with multiple main entry doors, the authority having jurisdiction is
authorized to require that other main entry doors be marked with an approved symbol to carry out the purpose in subsection (1)
above. In such structures, approved symbols shall be marked on one side of the structure only and spaced not closer than 100 feet or
at each end of the structure when such structure is less than 100 feet in length.
(10) The owner of each new structure required to comply with this section shall mark the structure with the approved symbol
prior to receiving a certificate of occupancy.
(11) The owner of each existing structure required to comply with this section shall mark the structure with the approved
symbol within 90 days of the effective date of this rule.
(12) Where the owner of the structure and the authority having jurisdiction disagree as to the use of light-frame truss-type
construction within the structure, the owner shall be granted not more than 45 days to provide written verification from a licensed
engineer or licensed architect; otherwise, the owner shall comply with the rule.
Figure 1:
Light -frame "Roof' only
Light -frame "Floor" only
Light -frame "Floor & Roof'
Rtilemalcing f1:irho1-ity 633.111(1), 633.077 633.0115. 633.037(3) FS. l my linplemented 633.01, 633.022, 633.031, 633.027 FS. Hisloi ii --Aloin 12-13-
09.
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ALEX SINK
CHIEF FINANCIAL OFFICER
STATE or FLORIDA
In The Matter Of:
ANTIMONY C. APFELBECK.
Fire MarsballBuilding Official
City of Altamonte Springs
Petition for Declaratory Statement to the
Florida Department of Financial Services.
FILED
FEB 19 2010
Docketed by
Case No.: 1.07974 -10 -FM
DECLARATORYSTATEMENT
THIS CAUSE came on for consideration upon the Petition for Declaratory Statement from
Anthony C. Apfelbeck, Fire Marshal/Building Official, City of Altamonte Springs,
("Petitioner"), received by the Department of Financial Services, Division of State Fire Marshal
("Department"), on December 9, 2009. An amended petition ("Amended Petition") was
received on December 72, 2009. Upon consideration thereof, and being duly advis+�d, the Chief
Financial Officer, as State Fire Marshal, finds as follows:
1. The Chief Financial Officer, as State Fire Marsbal, has jurisdiction over the subject matter
and the parties to this matter.
2. This Declaratory Statement is premised upon the assertions of fact set forth in the
Amended Petition. Any modification to those assertions of fact could alter the conclusions set
forth in this Declaratory Statement. None of the assertions of fact are admitted by the
Department as being true and Petitioner's questions are being answered as purely hypothetical.
If any of the facts asserted by the Petitioner are untrue or materialIy incomplete, the conclusions
of this Declaratory Statement could be significantly different.
3 . If the Amended Petition contains various legal assertions, cc
those assertions, conclusions, and arguments are not adopted by the
as legal premises or authority for the conclusions of this Declarator
assertions, conclusions, and arguments are considered only to illu,
Petitioner may be an affected person entitled to bave the Deparhm
Statement.
BACKGROUND AND FACTS ASE
4. This Declaratory Statement was requested pursuant to the
and 633.01(6), Florida Statutes, and Rules 28.105 and 69A-60.01
Code, which authorize an authority having jurisdiction and a sub
a declaratory statement regarding an agency's opinion as to the a
provision as it applies to the Petitioner's particular set of circum
5. The Rule at issue in the Amended Petition is Rule 69A
Code, "Notice Required for Structures With Light -frame Truss -
6. The Amended Petition alleges the following facts:
A. The Petitioner is a fare official with the City of Altamon
for enforcing of the Florida Fire Prevention Code ("Code")
B. The subject property is located at 175 Newburyport Ave
The structure is a two story office building known as the `City
constructed in 1984 and utilizes steel joists in the floor/ceiling
A- _ a� :rias ;rt RF-Ption 2202.1 of the Florida J
8. A duly noticed hearing was conducted before the Florida Fire Code Advisory Council on
January 20, 2010, in Daytona Beach, Florida. The Petitioner and members of the audience spoke
at the hearing.
QUESTIONS
9. The Amended Petition poses the following questions:
A. Is it the intent of Section 633.027, Florida Statutes, and Rule 69A -60.0081(2)(a), Florida
14dministrath,e Code, that a "steel joist,' as defined in Section 2202.1 of Florida Building
Code 2007 Edition, be included within the definition of "light -frame truss -type construction 2"
B. if the owner of the building fails to comply with the local authority's order to install a
sign or symbol as required by Section 633.027(l), Florida Statutes, is the o, my enforcement route
referral to the State Fire Marshal's Office and enforcement by the State Fire Marshal's Office in
accordance with Section 633.161, Florida Statutes, as referred to by Section 633.027(3), Florida
Statutes?
C. If the answer to question B above is "no," may the local jurisdiction utilize the provisions
of Section 633.052, or Chapter 152, Florida Statutes, as authorized by Section 63 3.052(2),
Florida Statutes, to enforce compliance with Section 633.027(1), Florida Statutes?
DISCUSSION
10. The Department of Financial Services is authorized by Section 120.565, Florida
Statutes, to issue a Declaratory Statement when requested by a substantially affected person
regarding an agency's opinion as to the applicability of a statutory provision, or of any rule or
order of the agency, as it applies to the Petitioner's particular set of circumstances, The
Department is required to issue a declaratory statement when requested by an authority having
jurisdiction and the request involves the application of the Florida Fire Prevention Code
("Code") to the petitioner's particular set of circumstances.
11. Section 633.0215, Florida Siatutes, directs the State Fire Marshal to adopt the Code, and
update it every three years. Section 633.025, Florida Statutes, provides that the Code is deemed
adopted by each municipality, county, and special district with firesafety responsibilities, and
directs that the Code be enforced by the local authority.
12. Section 633.027, Florida Statutes, directs the owner of any commercial, industrial or
multiunit residential structure that uses light -frame truss -type construction to mark the structure
with a sign or symbol approved by the State Fire Marshal in a manner sufficient to warn persons
conducting fire control and other emergency operations of the existence of light -frame truss -type
construction in the structure. The statute does not define the terra "light -frame truss -type
construction." The Department is authorized to adopt rules to implement the law.
13. The Department adopted Rule 69A -60.0081(2)(a), Florida Administrative Code, which
provides:
(a) "Light -frame truss -type construction" means a type of construction whose
primary structural elements are formed by a system of repetitive wood or light
gauge steel framing members.
14. The term `steel joist' is defined in Section 2202.1, Florida Building Code, 2007 Edition
i
as:
any steel structural member of a building or structure made of hot -rolled or cold -
formed solid or open -web sections, or riveted or welded bars, strip or sheet steel t
members, or slotted and expanded, or otherwise deformed rolled sections.
15. The enforcement mechanism for failure to post the required sign is provided in Section
633.027(3), Florida Statutes, which states:
2 Section 633.010, Florida Statutes.
The State Fire Marshal,. and local fire officials in accor
shall enforce the provisions of this section. Any owner w
the requirements of this section is subject to penalties as p:
16. Section 633.121, Florida Statutes, delegates the authority
the State Fire Marshal to:
The chiefs of county, municipal,, and special -district fig
department personnel designated by their respective
designated by local governments having no organiz
authorized to enforce this law and all rifles prescribed '
within their respective jurisdictions. Such personnel act
this section shall be deemed to be agents of their re
agents of the State Fire Marshal.
17. Section 633.161 (1), Florida Statutes, sets forth enforce
the State Fire Marshal and his or her deputies, including:
[To] issue and deliver to the person committing the vio
desist from such violation, to correct any hazard(
occupancy of the affected building or structure, or tc
affected building or structure.
18. It is suggested that there exists an apparent conflict w
Statutes, because it references both 633.121 and 633.161, Flc
633.121, Florida Statutes, authorizes local authorities to enf(
Fire Marshal, the remedies provided in Section 633.161, Flo
Marshal and his or her deputies to issue orders to cease and
vacate an affected building or structure. Section 633.121,1
19. Both Sections 633.027(3) and 633.121, Florida Statutes, authorize local firesafety
officials to enforce Section 633.027, Florida Statutes. Harmonizing the internal provisions of
the law leads to the logical conclusion that the reference to Section 633,161, Florida Statutes,
within Section 633.027, Florida Statutes, is a reference to the remedies provided, not a limitation
of the authorities who may impose the remedy. If such a conflict theoretically existed, the rules
of statutory construction direct that when a specific statute conflicts with a general statute, the
more specific statute prevails.3 In this case, Section 633.027(3), Florida Statutes, authorizes
both the State Fire Marshal and local fire officials to enforce the signage requirements. This
statute is more specific to signage than is Section 633.161, Florida Statutes, which applies to the
authority of the State Fire Marshal to take action in general.
20. Section. 633.052(2), Florida Statutes, provides:
A county or municipality that has created a code enforcement board or special
magistrate system pursuant to chapter 162 may enforce firesafety code violations
as provided in chapter 162.
The remedies provided are civil fines. This provision does not conflict with Section 633.027(3),
Florida Statutes, which provides specific performance remedies.
21. NOW, THEREFORE, in accordance with the foregoing, and the statutes and rules cited
therein, it is heireby declared that:
A. The Petitioner is a substantially affected person entitled to the issuance of this
Declaratory Statement.
B. Questions and Responses:
Question A. Is it the intent of Section 633.027, Florida Statutes, and Rule 69A -
60.0081(2)(a), FloridaAdininishative Code, that a "steel joist,' as defined in Section 2202.1 of
3 Knowles v. Beverly- Epters: Fla., 898 5o.2d 1, 5 (Fla. 2004) .
the Florida Building Code 2007 Edition, be included within the definition of "light -frame truss -
type construction?"
Answer: No. The definition of "steel joisf'provided by the Petitioner does not restrict its
meaning to either "light gauge" or "repetitive framing members". Therefore, it cannot be said
that "steel joist" meets the definition contained in the Department's rule.
Question B. If the owner of the building fails to comply with the local authority's order to
install a sign or symbol as required by Section 633.027(1), Florida Statutes, is the only
enforcement route referral to the State Fire Marshal's Office and enforcement by the State Fire
Marshal in accordance with Section 633.1.61 as referred to by Section 633.027(3), Florida
Statutes ?
Answer: No. The local fire official's order can be enforced by the State Fire Marshal and his
or her agents, or the local fire official in accordance with the straightforward language of Section
633.027(3), Florida Statutes, and rules of statutory construction.
Question C. if the answer to question B above is no, may the local jurisdiction utilize the
provisions of Section 633.052, or Chapter 162, Florida Statutes, as authorized by Section
633.052(2), Florida Statutes, to enforce compliance with Section 633.027(l), Florida Statutes?
Answer: Yes. Section. 633.027, Florida Statutes, and Rule 69A-60.0081, Florida
Administrative Code are part of the Florida Fire Prevention Code, which is deemed adopted by
every local government with firesafety responsibilities, and enforceable by the local firesafety
authorities on their own behalf pursuant to the authority of Section 633.025, Florida Statutes.
NOTICE OF RIGHTS
Any party to these proceedings adversely affected by this Declaratory Statement is entitled to
seek review of this Declaratory Statement pursuant to Rule 9.110, Florida Rules ofAppellate
Procedure, because pursuant to Section 120.565, Florida Statutes, a Declaratory Statement
constitutes final agency action and is therefore subject to judicial review pursuant to Section
120.68, Florida Statutes. Review proceedings must be instituted by filing a petition or notice of
appeal with Julie Jones, Agency Clerk, Division of Legal Services, 612 Larson Building,
Tallahassee, Florida, and a copy of the same with the appropriate district court of appeal, within
thirty days of rendition of this Declaratory Statement.
ENTERED in the City of Tallahassee, Leon County, Florida, on the Z?— day of
2010.
IV
B?IZ7—L6-ndodX
Deputy Chief Financial Officer
8
Copies furnished to:
Mary Sneed, Esquire
Fowler & O°Quinn
28 West Central Boulevard
Orlando, Florida, 32801 .
Anthony C. ApfeihecIc
Fire Marshal/Building Official
City of Altamonte Springs
225 Newburyport Avenue
Altamonte Springs, Florida, 32701
Lesley Mendelson,, Assistant General Counsel
Department of Financial Services
Division of Legal Services
200 East Gaines Street
Tallahassee, Florida 32399-0340
Shannon, Wilson�7u revardcoun .us
JGlen@,FHBA.com
LHollins@chfr.org
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Florida Administrative Code 69A-6o.00gt
Decal d Sign
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125 Sq.oO r
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Florida Administrative Code 69A-6o,oaB requires pla[emegt_tlE -,
an Identifying symbol an structures constructed % iI& llgiir: .:.
frame truss component in a manner sofp
fl to warn, ersons,
conducting fire contrai and other emergency operations of
existence of light frame truss -type construction in the structure.
Questions? Contact your local fire department.
PRIDEr,
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ENTERPRISES
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co�:trrr�nce2 dead[in,�::
Florida Administrative Code 69A-6o.00gt
Decal d Sign
SpeciffcationslP icing
W 8"x 8" decal {Red Reflective 3M 1130001 _
Quaritity Price {EA.} ;^ ;
125 Sq.oO r
26-5a S3'So z
51-75%
7b-100oV
�4
9"x9" sign { 040 Gattge Alurftlnt�rn applied uvithx'.
8"x8" decal, Red Reflecttt+eL31N Ij50pp}4
Quantity
1-25 h a r F
26-5o 55 5Q,1 r
51-75 ` 55 00��1 t
R
76-100 x sy
!
4
I:o
.h �~ . o.king for= a different,
Florida Administrative Code 69A-6o,oaB requires pla[emegt_tlE -,
an Identifying symbol an structures constructed % iI& llgiir: .:.
frame truss component in a manner sofp
fl to warn, ersons,
conducting fire contrai and other emergency operations of
existence of light frame truss -type construction in the structure.
Questions? Contact your local fire department.
CITY COUNCIL MEETING
CAPE CANAVERAL LIBRARY MEETING ROOM
201 Polk Avenue
TUESDAY
February 16, 2010
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M.
ROLL CALL:
Council Members Present:
Council Member Bob Hoog
Mayor Pro Tem Buzz Petsos
Mayor Rocky Randels
Council Member ShannonRoberts
Council Member Betty Walsh
Others Present:
Acting City Manager
Angela Apperson
Acting City Clerk
Mia Goforth
Assistant City Attorney
Kate Latorre
Public Works Director
Walter Bandish
Assistant Public Works Director
Jeff Ratliff
Recreation Director
Robert Lefever
Building Official .
Todd Morley
Planning & Development Director
Barry Brown
Fire Chief
Dave Sargeant
Sheriffs Dept. Lt.
Mike Demorat
PRESENTATIONS:
Brevard County Sheriffs Department — Recognition of Deputy of the Month
Brevard County Sheriff Lieutenant Mike Demorat announced Corporal Mike Mazzone as
the Deputy of the Month and due to a prior engagement would not be able to attend this
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2010
Page 2 of 9
meeting. He informed Council of an incident that happened the night of January 13,
2010 which involved rendering aid to a stabbing victim. The Council expressed gratitude
for Corporal Mazzone's efforts.
Lt. Demorat extended an offer from the Canaveral Precinct Commander Moros to aid in
closing the Library Meeting Room at the end of City meetings as a solution to the safety
concerns of the City; a deputy at time certain or a phone call to the Canaveral Precinct
as things are winding up. Council came to consensus to call the Sheriffs Department
dispatch/non-emergency line when a City meeting ends. The Council expressed thanks
Lt. Demorat.
REPORTS:
Acting City Manager
• Ms. Apperson announced the Space Coast'Little League's invitation to attend the
Opening Ceremonies on Saturday, March 6, 2010 at 10:00 a.m. at the Cape
Canaveral Baseball Fields.
• Ms. Apperson mentioned the pending Cape Caribe project and requested
Council consensus to proceed with the second hearing. for adoption of the
Comprehensive Plan amendment, the second reading oft Zoning amendment,
the site plan and the development agreement for the project at the City Council
meeting on March 2, 2010; having one public hearing on the development
agreement and public advertisement in the paper as well as personal notice to
the Solana Lakes, Solana Shores and Shorewood property owners. Discussion
ensued and included the number of workshops previously held regarding this
issue, concerns about community involvement in the project, timelines regarding
the Comprehensive Plan requirements and EAR- Based (Evaluation and
Appraisal Report) Amendments that were supposed to be completed by March 4,
2010. The Planning and Development Director Barry Brown declared to Council
his efforts to keep the former City Manager apprised of the status of these items.
Council came to consensus, with objection by Council Member Roberts,
that the notice to the public is adequate and hearings will take place on
March 2, 2010.
Colin Beanziger and Associates
• Mr. Beanziger updated the Council regarding the progress of his company's
recruitment search for a new City Manager stating he is going through resumes
very quickly and they are on schedule. Discussion ensued and included the
recruitment process, the contract schedule and the city manager salary
comparison study in similar communities. Mr. Beanziger confirmed he would
provide data requested by Council regarding police and fire departments in
other communities.
Public Works
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2010
Page 3 of 9
• Assistant Public Works Director Jeff Ratliff announced there may be additional
Stimulus Funds available, coming through the TPO (Transportation and Planning
Office) but projects must be shovel -ready and can only be used for Federal Aid
highway roads. Unfortunately, the City has no projects that qualify.
• Mr. Ratliff announced the beach re -nourishment project has been delayed until
March 23rd and will take at least thirty days to complete.
• Mr. Ratliff informed the Ridgewood Improvement Project has begun; trees have
been relocated to Manatee Sanctuary Park. Discussion ensued and included
project items that need to be addressed at the March 2, 2010 City Council
Meeting including the Ocean Woods Survey and brick pavers.
• Mr. Ratliff responded to Council inquiry regarding bus shelters and informed they
are out for bid by SCAT (Space Coast Area Transit) and he is waiting for
schedule information.
• Mr. Ratliff and Walter Bandish, Public Works Director, confirmed the turnover of
N. Atlantic Avenue, W. Central Boulevard and Ridgewood Avenues to the City
from Brevard County. Mr. Ratliff responded they will contact Port Canaveral
about repaving the extension of N. Atlantic Avenue to George King Boulevard.
• Mr. Petsos expressed thanks to the Public Works Department for their
participation in the Sea Oats Planting Project; they had 128 volunteers and
planted close to 8,000 plants.
• Mr. Bandish announced the left-turn'siggal should be installed at Central
Boulevard and State Road A'lA byearly'March. .
Community Development Department
• Mr. Brown requested the Council and Visioning Committee members bring their
Visioning Reports to the CDD to receive replacement pages.
Recreation Department
• Robert Lefever, Recreation Director, informed all fence posts were installed
today at Banana River Park and the project should be finished late tomorrow
afternoon.
• Mr. Lefever reported they have fifty percent of the items donated to Youth Center
by the Brevard County Sheriff's Department.
• Mr. Lefever responded the street festival's alcohol permit was approved and has
been marketed with interviews and advertising in Florida Today, the Press
Tribune and Hometown News newspapers.
Fire Department
• Chief Dave Sargeant responded his department has not been notified yet of an
award for a grant for construction of a new fire house but have received a grant
for a fire boat on which they will go out for bid in the next couple of weeks.
• Ms, Apperson stated she would track down a prior list of projects the City
proposed for Stimulus Funding as requested by Council.
Business and Cultural Development Board
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2010
Page 4 of 9
• Council Member Betty Walsh submitted a "Hello Neighbor" publication that
connects local businesses and communities to the Board for consideration.
CONSENT AGENDA:
Approve Special Outdoor Entertainment Permit for the "Walk for the Bibles",
sponsored by the Space Coast Seafarers Ministry and approve waiver of fees
and clean-up bond for same.
2. Approve and issue a Proclamation designating March 2010 as "Irish American
Heritage Month" at the request of the Ancient Order of Hibernians in America,
Brevard County Office, Division 2.
3. Accept the Economic Development Action Plan.
A motion was made by Ms. Walsh and seconded by Ms. Roberts to approve all
Consent Agenda items. Discussion ensued and included whether acceptance of the
Economic Development Action Plan ,obligates the City to spend and increase personnel,
steps Council would need to take to move the suggestions in the Plan forward and the
City Council workshop meeting on March 2, 2010. The motion carried 5-0 with voting
as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For, Mayor Randels, For; Ms.
Roberts, For and Ms. Walsh, For.
OLD BUSINESS:
4. Review of City Organization Memberships.
Discussion ensued and included Council concern on the return of investment for the
memberships; the need for feedback from those representing the City in these
organizations; and the possibility of reconsidering the City's EDC (Economic
Development Commission) membership. Council came to consensus to review the
City memberships again during the City's annual budget review. Council
expressed thanks to Ms. Apperson and staff for putting together the informative and
comprehensive list for review.
5. Consider requesting a status report from the Charter Review Committee.
Discussion ensued and included the Committee's process of review and the
Committee's completion of the City's first Charter Review on February 11, 2010; review
of the Fire Department portion, of the Charter will take place at the next Committee
meeting on March 11, 2011; certain portions were left open for discussion such as
Terms of Office, Districting and Term Limits because the Committee had difficulty
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2010
Page 5 of 9
reaching consensus on those items; Charter Review should be an item on the City
Council Agenda in June 2010.
ORDINANCES: First Public Hearings:
6. Motion to Approve: Ordinance No. 02-2010, Creating Chapter 91, Landscape
Irrigation, of the City Code to Provide for Local Implementation of St. Johns River
Water Management District Water Conservation Rule for Landscape Irrigation;
Providing Definitions; Landscape Irrigation Schedules; Providing Exceptions to
the Landscape Irrigation Schedules; Providing Variances from the Specific Day
of the Week Limitations; Providing for Applicability and Enforcement; Providing
for Penalties; Providing for the Repeal of Prior Inconsistent Ordinances and
Resolutions, Incorporation into the Code, Severability, and an Effective Date.
City Attorney Kate Latorre read the title of the ordinance. Discussion ensued and
included proposed language changes by the St. Johns River Water Management
District. Mayor Randels read the proposed changes:
1) Page 1 of 6, fourth whereas, third line down: replace "rain sensor device" with
"additional"; and
2) Page 4 of 6, Section 91-5: replace the entire section to read:
Sec. 91-5. Required irrigation system technology.
Any person who purchases and installs an automatic landscape irrigation system must
properly install, maintain, and operate technology that inhibits or interrupts operation of
the system during periods of sufficient moisture. A motion was made by Ms. Roberts
and seconded by Mr. Hoog to approve Ordinance No. 02-2010 with the proposed
amendments, at first reading. Discussion ensued and included Section 91-7.
Enforcement and penalties: Mayor Pro Tem Petsos requested all three references to
"shall" be replaced with "may".. A motion was made by Mayor Pro Tem Petsos and
seconded by Ms. Walsh to amend Section 91-7, replacing all references to the
word "shall" to "may". The motion carried 5-0 with voting as follows: Mr. Hoog,
For; Mayor Pro Tem Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms.
Walsh, For. The vote on the main motion followed. The motion carried 5-0 with
voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor Randels,
For; Ms. Roberts, For and Ms. Walsh, For.
7. Motion to Approve: Ordinance No. 03-2010, Amending Chapter 98, Subdivisions,
of the Cape Canaveral Code of Ordinances related to Plats; Amending and
Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review
and Approval; Providing a Procedure for Review and Consideration of Lot Splits;
Providing for the Repeal of Prior Ordinances and Resolutions; Incorporation into
the Code; Severability; and an effective date.
Attorney Latorre read the title of the ordinance. Mr. Brown explained the purpose and
process of this ordinance and expressed thanks to Council Member Roberts for the
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2010
Page 6 of 9
suggestion of creating flow charts. Discussion ensued and included flow charts, the old
requirements and statutory review required by the County, the new ordinance clarifies
the procedure and helps expedite the splitting of two lots making it user friendly, using
this ordinance as a template for the future. Mr. Brown gave credit to the Planning and
Zoning Board. Mr. Earl McMillin, of 397 Holman Road, proposed a small change to the
ordinance wording on page 10. Attorney Latorre stated her intent to take this under
advisement. She stated she would try to clarify the language and provide a revision at
the second reading. A motion was made by Ms. Roberts and seconded by Mr.
Petsos to accept Ordinance No. 03-2010 as drafted with the understanding the
City Attorney will review the proposed amendments, at first reading. The motion
carried 5-0 with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For;
Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For.
S. Motion to Approve: Ordinance No. 04-2010, Repealing the Existing Provisions of
Article III, Chapter 10 of the City Code Related to Outdoor Entertainment;
Adopting a New Article III of Chapter 10 Regulating the Permitting of Outdoor
Entertainment Events; Providing for the Repeal of Prior inconsistent Ordinances
and Resolutions; Incorporation into the Code; Severability; and an Effective Date.
Attorney Latorre read the title of the ordinance. Building Official Todd Morley explained
the process and purpose for the ordinanceand stressed how timing is critical for this
ordinance. Attorney Latorre further explained the permitting process and pointed out
the Council will still remain involved regarding alcohol and street closures. She also
stated the fee schedule can be implemented by resolution. A motion was made by
Ms. Roberts and seconded by Ms. Walsh to approve Ordinance No. 04-2010 at
first reading and to create a resolution to revise the fee schedule (appendix B of
the City Code). Discussion ensued and included the effect of the ordinance regarding
signage for events and the sign code, banners for the upcoming Art of Sand event,
directional signage, parking, vendors, farmer's markets, zoning changes. Council
reached consensus to make the following amendments to the ordinance:
1. Clarification of the definition of 'outdoor entertainment event" to reflect events that
take place on private property are subject to permitting requirements;
2. Revision to section 10-63 to clarify that all events require insurance coverage;
3. Revision to section 10-70 to provide that applicants provide staff with list of all
vendors as soon as possible prior to the event; and
4. And have the l=ire Chief and the Building Official come back to Council with a
recommendation regarding the issue related to permitting reoccurring events.
Council reached consensus to bring the issue of farmer's markets back to
Council for discussion at a future City Council meeting. The motion carried 5-0
with voting as follows: Mr. Hoog, For; Mayor Pro Tem Petsos, For; Mayor
Randels, For; Ms. Roberts, For and Ms. Walsh, For.,
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2010
Page 7 of 9
DISCUSSION:
9. Stormwater System TV Monitor/Cleaning -- Feasibility Analysis.
Public Works Assistant Director Jeff Ratliff explained this item involves cleaning of the
City's entire stormwater system, the probable scenario memo and the budgeted amount
for the project being $100,000. Discussion ensued and included the pros and cons of
using City workers as opposed to an outside contractor. Council reached consensus
to approve the piggybacking of the Reedy Creek Improvement District contract
with Vac and Jet Services, LLC in an amount not to exceed $100,000 for
TV/Cleaning and Repair of the Stormwater System beginning with the corrugated
pipes, baffle boxes and the west end of the City. Ms. Apperson clarified that any
change from the contractor or any major construction outside of the budgeted amount
would have to come back to Council for approval.
10. Request for Information Similar to "Open. palm bayflorida.org" to be placed on the
City's web site.
Ms. Roberts stated members of the community brought this item to her attention and
explained it would allow transparency of the City's budget. She informed, based on
research conducted by the City Treasurer Andrea Bowers, there are concerns about the
financial implications of approving this item. Discussion ensued and included the
research done by a citizen being accurate, but in addition to the $6,000 price for the
program itself, there was an additional amount of $300,000 to make the web module
interactive such as the sample website allows; the information requested is currently
available and additional. budget reports can be placed on the City website; inquiry as to
Staff's ability to track City website traffic and theCity's limitations in collecting data as
compared to the City of Palm Bay. Council reached consensus for Staff to place the
monthly financial report and the CAFR on the City website and for Staff to come
back with a future agenda item with additional reports, ideas and website tracking
information.
11. History Video Post Production Options.
Ms. Apperson explained her decision to place this item on the agenda due to the need
for guidance from Council. After brief discussion regarding a possible premier event,
distribution of the DVD to each of the 30 people who participated in the making of the
History Video and the cost of the overall project, Council came to consensus to
produce copies of the DVD in house, give them out for free and give a copy to the
Cape Canaveral Library for people to sign out.
REPORTS:
9:45 p.m. — 10:00 p.m.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2010
Page 8 of 9
12. Council.
Council Member Walsh
• Ms. Walsh inquired about the status of starting a volunteer program. Ms.
Apperson responded she spoke with some in the community about the
issue, has begun to collect a list of resources and will be addressing
insurance issues with the City insurance carriers regarding volunteer
liability costs.
• Ms. Walsh requested projected financial reports to gain a better idea of revenue
stream expenses coming in and going out and to reflect changes the City has
gone through recently. Ms. Apperson responded Ms. Bowers will prepare a
new, detailed report for Council to be ready on the 2nd of March.
Council Member Roberts
• Ms. Roberts brought up the incident at State Road A'lA and Commerce Street at
the Cape Canaveral Post Office regarding the violation of the right-of-way sign
code provision and inquired about the City's policy when violators do not comply
once a warning is issued. Mr. Morley explained what had occurred between
demonstrators, the Code Enforcement Officer Duree Alexander and the Sheriff's
Department earlier that day. Discussion ensued and included the City Attorney's
opinion this was not a freedom of speech issue but in fact a right-of-way violation,
inquiry as to the Sheriffs Department's role in this type of incident and their view
of it being a code enforcement issue, the City's authority to remove the signs, the
need to address the issue properly in the future, safety issues regarding this
incident and the need for Staff to work more closely with the Sheriffs Department
on this type of issue. The Building Official confirmed he would meet with the
Sheriffs Department Commander on this issue and report back to Council.
• Ms. Roberts recommended posting a "Do Not Turn on Red" sign at the
intersection of N. Atlantic Avenue and Central Boulevard.
• Ms. Roberts inquired about the status of the human resources manual. Ms.
Apperson confirmed the item would be brought back to Council on either
the 16th of March or the first meeting in April.
• Ms. Roberts inquired about action tracking. Ms. Apperson reminded that Staff
has been placing Trac EZ reports in the City Council Agenda Packets under
Reports and adding to it as items come in.
• Ms. Roberts mentioned other items: buy local, Microsoft Business Software, a
sign on George King Boulevard that lists Cape Canaveral as well as the City of
Cocoa Beach.
Mayor Pro Tem Petsos
• Mr. Petsos requested Council consensus to install a street light on the northeast
corner of Rosalind Street and Washington Avenue for the children going to
school. Mr. Bandish stated he would investigate costs and return with
information to Council.
City of Cape Canaveral, Florida
City Council Regular Meeting
February 16, 2010
Page 9 of 9
• Mr. Petsos inquired about the sewer rate study and requested Council
consensus to include an impact fee analysis. Council reached consensus to
support the request. Ms. Apperson stated staff will provide an update for
Council and Council had no objection in contracting another entity to
provide the report if need be.
There being no further business, the Meeting adjourned at 10:59 P.M.
Rocky Randels, MAYOR
Mia Goforth, Acting City Clerk
•
i 1 1 1 1
a7 rau• a Big
WHEREAS, artists inspire our citizens with the power of their imaginations, and
create works that amuse, amaze, uplift, and transform our community;
WHEREAS, the Brevard Cultural Alliance has selected Cape Canaveral as the
host city for the month-long, inaugural Art of Sand Festival to commence on April 2,
2010;
WHEREAS, the Art of Sand Festival focuses international and regional attention
on Cape Canaveral as an excellent place to live and visit, and fosters civic pride;
WHEREAS, the success of the Art of Sand Festival will help fund arts education
in Brevard County;
WHEREAS, the Art of Sand Festival gives Iocal organizations, families, and
young people an opportunity to display their talents and abilities through sand sculpting
competitions; R
WHEREAS, the Art of Sand Festival stimulates the economy through visitor and
vendor expenditures with local businesses;
WHEREAS, long-time Cape Canaveral businessman, community volunteer, and
civic supporter Bob Baugher has generously supported and promoted the Art of Sand
Festival as a valuable event for the citizens and businesses of Cape Canaveral;
NOW, THEREFORE,,[, Rocky Randals, Mayor of the City of Cape Canaveral,
Brevard County, Florida, do hereby warmly
WELCOME AND OFFER BEST WISHES FOR OUTSTANDING SUCCESS
TO THE ORGANIZERS AND ARTISTS OF THE ART OF SAND FES TI VA
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date; 04/06/2010
Item No. .3
Subject: Approve Interlocal Agreement between the City of Cape Canaveral and the
Board of County Commissioners of Brevard County Regarding Disaster Debris
Removal.
Department: Administration
Summary: The City previously entered into a disaster debris removal agreement with
Brevard County on July 24, 2000 and it is now time for the City Council to renew the
Interlocal Agreement which ensures resources are applied where the need is most
critical and to ensure the public health, safety and welfare are protected in the event of
a storm -related natural disaster, such as a hurricane, severe tropical storm or tornado.
Requested Council Action: Approve this agreement.
Financial Impact: Unknown
Attachments:
E-mail from Solid Waste Management Department of Brevard County;
Copy of Agreement dated July 24, 2000,
Copy of Addendum 1 dated May 22, 2001,
Draft Copy of new Agreement.
Submitting Department Head: Nfft Date:03-24-2010
Approved by Acting City Manager: CL'�� e)j�� Date: 310110
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Iry
Angela Apperson
From: Harris, Gloria r[Gloria.Harris@brevardcounty.us]
Sent: Friday, March 19, 2010 4:12 PM
To: Angela Apperson, Acting City Manager
Subject: new interlocal agreement
Attachments: scanned CC interlocal agreement.pdf
Hello Ms. Apperson,
The attached agreement has been reviewed by our County Attorney. It can now be brought before your City Council. Please print
out three (3) copies to be signed. When we receive your three originals an agenda will be prepared for the Board of County
Commissioners.
I don't know your schedule but we will try for the Board meeting date of April 26th' If we can't make that date we can try for May
4th
I will need to get all three signed copies from your City Council meeting in time to prepare an agenda package for the County
Manager's Office two weeks prior the Board meeting.
Thank you and please let me know if you have any questions.
Have a great weekend.
Gloria
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V-32633.2042 1 7320.5-5.203S
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INTERLOCAL AGREEMENT
This Agreement; entered into this day of , 2000, by
and between the City of Cape Canaveral (hereinafter ref red to as the CITY) and the
Board of County Commissioners of Brevard County, Florida (hereinafter referred to as
the COUNTY).
WHEREAS, in the event of a natural disaster, the President of the United
States of America may declare Brevard County a natural disaster area and, therefore,
eligible for Federal disaster relief funds for the cleanup of debris; .
WHEREAS, in the event of a storm -related natural disaster, such as a
hurricane, severe tropical storm or tornado, disaster debris cleanup is often a critical
component of the disaster recovery process;
WHEREAS, debris cleanup on a county -wide basis requires a coordinated
effort between the municipalities, the COUNTY, and the franchised collectors in
order to ensure resources are applied where the need is most critical and to ensure
the public health, safety and welfare are protected;
WHEREAS, the disaster debris cleanup effort will require prioritizing areas for
immediate cleanup, and perhaps temporarily suspending or rescheduling regular solid
waste, yard waste and recycling services;
WHEREAS, the COUNTY has been given the authority and responsibility for
the disposal of solid waste generated in Brevard County, including garbage, yard
trash, and construction and demolition debris;
WHEREAS, in order to achieve the orderly and efficient clean up of debris it is
appropriate that the COUNTY, in consultation with the municipalities, coordinate
the County wide disaster debris collection effort through the COUNTY's and
municipalities' franchised solid waste collectors and subcontractors;
WHEREAS, in the past the Federal Emergency Management Agency (FEMA)
has requested that the COUNTY apply as a single entity for disaster debris clean up
funds on behalf of Brevard's municipalities and the COUNTY,
WHEREAS, by applying as a single applicant, funding will be available more
rapidly to both the CITY and the COUNTY with less administrative effort; and
WHEREAS, upon receipt of Federal and State funds for debris cleanup, the
COUNTY would make single payments to the appropriate municipalities and
franchised collectors for clean-up services;
cVec=&veW.doc
NOW, THEREFORE, in consideration of the premises and mutual promises
and conditions contained herein, it is mutually agreed between the parties as follows:
1. The COUNTY, upon notification that Brevard County has been declared a
Federal disaster area by the President of the United States, shall coordinate
the collection of disaster related debris through the CITY's and COUNTYs
franchised solid waste collectors on behalf of the CITY.
2. The COUNTY, in consultation with the CITY, other municipalities, and
emergency response agencies, shall prioritize the areas of Brevard County in
need of clean up based on the extent of damages and debris created by the
event.
3. The COUNTY 'shall represent the CITY with -the Federal Emergency
Management Agency and the State of Florida in regards to reimbursement of
expenditures incurred for the collection of debris resulting from the natural
disaster.
4. The COUNTY will compensate the CITY or the CITY's authorized collectors
for expenditures incurred in the collection of debris resulting from the natural
disaster with funds received from the Federal Emergency Management Agency
to the extent the COUNTY receives FEMA and State of Florida reimbursement
for same.
5. The CITY shall negotiate with the franchise hauler for any expenditures for
debris cleanup not reimbursed by Federal Emergency Management Agency
and the Mate of Florida.
b. The Agreement shall be effective from the date of its execution and shall
remain in effect for a period of ten (10) years. Upon mutual written
agreement of the parties, this Agreement may be extended upon the same
term and conditions.
i. This Agreement may be terminated in whole or in part in writing by either
party provided that no termination may be effected unless the other party is
given not less than thirty (30) days prior written notice of intent to terminate.
8. Any notice, acceptance, request or approval from either party to the other
shall be in writing (certified mail, return receipt requested) and shall be
deemed to have been received when either deposited in the U. S. Postal
Service mailbox, or personally delivered with signed proof of delivery.
cagecamveW.doc
The address of the COUNTY and the CITY are:
Euripides Rodriguez, Director
Brevard County Solid Waste Management Department
Building C, 3rd Floor
2725 Judge Fran Jamieson Way
Viera, FL 32940
Bennett Boucher, City Manager
City of Cape Canaveral
P. O. Box 326
Cape Canaveral, FL 32920-0326
Either party shall have the right to designate a different person and/or
address by giving notice in conformity with this Section.
IN WITNESS WHEREOF, the parties hereunto set their hands and seal the
date and year first above written.
ATTEST:
CITY OF CAPE CANAVERAL
COUNTY EVA ORIDA
CI AGER
DATE: �2 J�
ATTEST:
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
BY:�
Truman Scarhorough, Ch firman
cott B113s, Cler to the Board
As approved by the Board on August 20, 1996
cxpcca►:vml.dec
ADDENDUM 1 To
INTERLOCAL AGREEMENT FOR DISASTER DEBRIS REMOVAL
�p This Addendum No. 1 made and entered into this -2.1 day of Zvl A V ,
51
9, y and between the Board of County Commissioners of Brevard Count , Florida
(the "County") and The City Cape Canaveral of Brevard
County, Florida (the "City") amending that certain Agreement between the parties dated
WITNESSETH
WHEREAS, in an Agreement dated ,Adaa ST p. 1 `ISI , the County
and the City agreed that the County shall coordinate debris cleanup after a Federally
declared disaster; and
WHEREAS, the County shall apply for funds from the Federal Emergency
Management Agency (FEMA) as a single entity for the County and the City; and
WHEREAS, a storm -related disaster may occur which exceeds the capacity of
the franchise collectors and local resources to effect a timely removal of debris; and
WHEREAS, additional resources may be required to provide debris removal and
recovery following a major storm or other disaster event; and
WHEREAS, it is necessary to amend the Agreement to incorporate the new
provisions for the timely removal of disaster -related debris;
NOW, THEREFORE, in consideration of the premises and mutual promises and
conditions contained herein, the Agreement dated /,1.,4Y "Z2 a 01).1 between the
County and The City of Cape Canaveral is
amended as follows:
A. Additional provisions paragraph 9 through 11 as follows:
9. The County shall enter into a contract with a vendor (or vendors) to perform
debris removal and disposal following a major storm or other disaster event.
10. Following a major storm or other disaster event and after receiving
authorization from the city, the county shall issue a Notice to Proceed to the
selected vendor (or vendors) to initiate disaster recovery services.
11. The County, the City, and the Contractor shall coordinate the disaster -
related debris removal and cleanup within the City.
12. The County shall apply on behalf of the County and the City to FEMA for
disaster cleanup funding and administer the expenditures for the disaster -
related debris removal.
B. Preservation of existing terms:
All other provisions and terms of the Agreement dated Auqust 20,
1_996 ' shall remain in full force and effect to extent not in
conflict with the terms of this Agreement.
Either party shall have the right to designate a different person and/or address by
giving notice in conformity with this Section.
IN WITNESS WHEREOF, the parties hereunto set their hands and seal the date
and year first above written.
ATTEST:
W 'Nair
iMy OR
DATE: May 22, 2001
ATTEST:
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
BY: a, ZZ
Sue Carlson, Chairman
Scott Ellis, Clerk to the Board
As approved by the Board on 5/22/01
INTERLOCAL AGREEMENT
Disaster Debris Removal
This Agreement, entered into this day of , 2010
by and between the City of Cape Canaveral (hereinafter referred to as the CITY) and the Board
of County Commissioners of Brevard County, Florida (hereinafter referred to as the COUNTY).
WHEREAS, in the event of a natural disaster, the President of the United States of
America may declare Brevard County a natural disaster area and, therefore, eligible for Federal
disaster relief fiends for the cleanup of debris;
WHEREAS, in the event of a storm -related natural disaster, such as a hurricane, severe
tropical storm or tornado, disaster debris cleanup is often a critical component of the disaster
recovery process;
WHEREAS, debris cleanup on a countywide basis requires a coordinated effort between
the municipalities, the COUNTY, -and the franchised collectors.in order to ensure resources are
applied where the need is most critical and to ensure the public health, safety and welfare are
protected;
WHEREAS, the disaster debris cleanup effort will require prioritizing areas for
immediate cleanup, and perhaps temporarily suspending or rescheduling regular solid waste,
yard waste and recycling services;
WHEREAS, the COUNTY has been given the authority and responsibility for the
disposal of solid waste generated in Brevard County, including garbage, yard trash, and
construction and demolition debris;
WHEREAS, in order to achieve the orderly and efficient clean up of debris it is
appropriate that the COUNTY, in consultation with the municipalities, coordinate the County
wide disaster debris collection effort through the COUNTY'S and municipalities' franchised
solid waste collectors and subcontractors;
WHEREAS, in the past the Federal Emergency Management Agency (FEMA) has
requested that the COUNTY apply as a single entity for disaster debris clean up funds on behalf
of Brevard's municipalities and the COUNTY;
WHEREAS, by applying as a single applicant, funding will be available more rapidly to
both the CITY and the COUNTY with Iess administrative effort; and
WHEREAS, upon receipt of Federal and State funds for debris cleanup, the COUNTY
would make single payments to the appropriate municipalities and franchised collectors for
clean-up services;
NOW, THEREFORE, in consideration of the premises and mutual promises and
conditions contained herein, it is mutually agreed between the parties as follows:
I. The COUNTY, upon notification that Brevard County has been declared a Federal
disaster area by the President of the United States, shall coordinate the collection of
disaster related debris through the CITY'S and COUNTY'S franchised solid waste
collectors on behalf of the CITY.
2. The COUNTY, in consultation with the CITY, other municipalities, and emergency
response agencies, shall prioritize the areas of Brevard County in need of clean up
based on the extent of damages and debris created by the event.
3. The COUNTY shall represent the CITY with the Federal Emergency Management
Agency and the State of Florida in regards to reimbursement of expenditure(s)
incurred .for the collection of debris resulting from the natural disaster.
4. The COUNTY will compensate the CITY or the CITY'S authorized collectors for
expenditures incurred in the collection of debris resulting from the natural disaster
with funds received from the Federal Emergency Management Agency to the extent
the COUNTY receives FEMA and State of Florida reimbursement for same.
5. The CITY shall negotiate with the franchise hauler for any expenditure(s) for debris
cleanup not reimbursed by Federal Emergency Management Agency and the State of
Florida.
6. The Agreement shall be. effective from the date of its execution and shall remain in
full force and effect as a continuing agreement.
7. Either party may terminate this Agreement in whole or in part in writing provided
that no termination may be effected unless the other party is given no less than thirty
days (3 Q) prior written notice of intent to terminate.
S. Any notice, acceptance, request or approval from either party to the other shall be in
writing (certified mail, return receipt requested) and shall be deemed to have been
received when either deposited in the U.S. Postal Service mailbox, or personally
delivered with signed proof of delivery.
The address for the COUNTY and the CITY are;
Euripides Rodriguez, Director
Solid Waste Management Department
2725 Judge Fran Jamieson Way
Building A, Room 118
Viera, Florida 32940
Angela Apperson, Acting City Manager
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral, FL 32920
9. The COUNTY shall enter into a contract with a vendor (or vendors) to perform
debris removal and disposal following a major storm or other disaster event.
10. Following a major storm or other disaster event and after receiving authorization
from the CITY, the COUNTY shall issue a Notice to Proceed to the selected vendor
or (vendors) to initiate disaster recovery services.
11. The COUNTY, the CITY, and the Contractor shall coordinate the disaster -related
debris removal and cleanup within the CITY.
12. The COUNTY shall apply on behalf of the COUNTY and the CITY to FEMA for
disaster cleanup funding and administer the expenditures for the disaster -related
debris removal.
Either party shall have the right to designate a different person and/or address by giving
notice in conformity with this Section.
IN WITNESS WHEREOF, the parties hereunto set their hands and seal the date and year
first above written.
ATTEST:
Scott Ellis, Clerk
Reviewed for,legal form and content:
ATTEST:
CITY OF: (:it_y_of Cape Canaveral
BREVARD COUNTY, FLORIDA
-*-
DATE:
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
It
Mary Bolin, Chairman
As approved by the Board on:
Angela Apperson, Acting City Manager
Lepore, Assistant County
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/06/2010
Item No.
Subject: Approve Resolution No. 2010-06; RELATING TO EMERGENCY RELIEF
PROCEDURES AND REIMBURSEMENT FOR NATURAL DISASTERS BY THE
FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION ("FEMA"); MAKING
FINDINGS; PROVIDING FOR EXPEDITED FEMA REIMBURSEMENTS AND AUDITS;
PROVIDING FOR DISTRIBUTION OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Department: Administration
Summary: The Space Coast League of Cities recently passed a similar resolution and
they are encouraging the City to do the same.
Requested Council Action: Approve and Adopt the Resolution
Financial Impact: Unknown at this time.
Attachments:
Draft Res. No. 2010-06
Submitting Department Head: W/ri Date:03-24-2010
Approved by Acting City Manager: afAll, I„L-. Date: 3130%0
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
RESOLUTION NO. 2010-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
RELATING TO EMERGENCY RELIEF PROCEDURES
AND REIMBURSEMENT FOR NATURAL DISASTERS BY
THE FEDERAL EMERGENCY MANAGEMENT
ADMINISTRATION ("FEMA"); MAKING FINDINGS;
PROVIDING FOR EXPEDITED FEMA REIMBURSEMENTS
AND AUDITS; PROVIDING FOR DISTRIBUTION OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, when a natural disaster occurs, such as a hurricane, the Federal
government will many times make emergency financial relief available to state and local
government;
WHEREAS, the Federal relief effort is normally managed by the Federal
Emergency Management Administration ("FEMA");
WHEREAS, in many cases FEMA operates on a cost reimbursement basis
wherein state and local government tracks its expenses and costs, converts the
expenses and costs into a special Federal format for reimbursement with supporting
data, and submits an application for reimbursement;
WHEREAS, monitoring of debris removal with documentation as required by
FEMA is an extraordinarily costly process for state and local governments;
WHEREAS, the cost of monitoring debris removal based on a current proposal
costs a local government per hour from $2,000 to $2,560 per hour;
WHEREAS, the cost reimbursement is subject to lengthy time delays and
reviews by FEMA;
City of Cape Canaveral, Florida
Resolution No. 2070-06
Page 2 of 4
WHEREAS, some state and local governments are still awaiting reimbursements
from as far back as 2004;
WHEREAS, local governments are continually subject to time consuming and
involved audits from FEMA for period of times as far back as 5 years;
WHEREAS, the time delay in making payments and completing audits is so
lengthy that numerous changes in FEMA personnel occur, requiring local governments
to start all over justifying a reimbursement request to the new, substituted personnel;
WHEREAS, FEMA reimbursements are intended to be made quickly to assist
state and local governments that have suffered major disasters, but the FEMA
monitoring requirements, constant changing of reporting methods, and time delays in
making reimbursements has turned the entire process into an ordeal for state and local
government hindering prompt reimbursement; and
WHEREAS, local governments need relief from Federal bureaucracy.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL that:
SECTION 1. The City of Cape Canaveral hereby asks the Brevard County
Board of County Commissioners, Florida League of Cities, National League of Cities,
Florida House of Representatives, Florida Senate, and all states, counties and
2
City of Cape Canaveral, Florida
Resolution No. 2010-06
Page 3 of 4
municipalities throughout the United States of America to request the U.S. House of
Representatives, the U.S. Senate, and the President of the United States to require:
o A timely and prompt reimbursement from FEMA for the initial cost of filing
the claim within a short time after reimbursement requests are filed;
o That FEMA and the State of Florida must perform audits within (3) years
following the date of initial submittal of a reimbursement request.
o Require a timely reimbursement for payment to states and local
governments for claims filed as a result of disasters, said time not to exceed sixty (60)
days.
SECTION 2. The City of Cape Canaveral City Clerk is directed to forward copies
of this resolution to Brevard County Board of County Commissioners, Florida League of
Cities, National League of Cities, Speaker of the Florida House of Representatives, the
President of the Florida Senate, and Members of the Brevard State and Federal
Legislative Delegations.
SECTION 3. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED BY, the City of Cape Canaveral City Council this 6th
day of April, 2010
3
City of Cape Canaveral, Florida
Resolution No. 2014-06
Page 4 of 4
ATTEST:
Mia Goforth, Acting City Clerk
Approved as to Form:
Anthony A. Garganese, City Attorney
El
Rocky Randels, Mayor
Name
Robert Hoog
Buzz Petsos
Rocky Randels
Shannon Roberts
Betty Walsh
For Against
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04106/2010
Item No. S
Subject: Approve letters requesting support for the Kennedy Space Center 2011
Budget.
Department: Legislative
Summary: The Acting City Manager and 1 met with John Halsema and Celene
Morgan from NASA on March 22, 2010. They provided a briefing on the impacts which
could be created by loosing funding for the Space Center. I'm sure we can all agree it
is important to support the funding of the center. Acting City Manager Apperson has
drafted the attached letters which would be sent to those individuals listed.
Requested Council Action: Approve letters
Financial Impact: nominal, as most of the letters will be sent via e-mail.
Attachments: Draft Letters with attachments
Submitting Council Member: Mayor Randels Date: 3130110
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
April 7, 2010
Congress Member
address
address
Re: 2011 Budget for the Kennedy Space Center
Dear Congress Member
I know the future mission for the Kennedy Space Center is not well
defined as of yet and the President's budget proposes changing the mission
of Kennedy Space Center toward cargo and crew via private commercial
flights. However, we are requesting your support and commitment to a level
of funding for the Kennedy Space Center for 2011 in an amount equal to or
greater than the 2010 budget to keep the talented workforce here to do the
work necessary to support our nation's manned and unmanned space flights.
The continued operation of the Kennedy Space Center at its current
funding level is not of interest just to this City and Brevard County. As
depicted in the attachment, 47 of the 67 counties in Florida are touched by
the Space Center's operations. The loss of funding for the Kennedy Space
Center would be tragic for all of Florida.
We again respectfully request your continued support for the current
level of funding for the Kennedy Space Center.
Best Regards,
Rocky Randels,
Mayor
1 attachment
cc: City Council
No other region of the world has the aerospace infrastructure and talent, related target industries and
position on the planet's surface to deliver what Florida can.
Today's $20B .Economic Impact in Florida stems from the $8B investment by NASA-KSC/JSC, military and
commercial to support the Shuttle Program, commercial, and DoD missions. The $BB' in Florida's space
activity represents only 3% of the Global Space ,activity made up of public and private investment reported
to be more than $250.
We will capture key initiatives and markets during the next decade that will secure aur position as a
powerhouse hosting the $250, billion -plus global aerospace market. 97% of the Global Space Activity is
Florida's Opportunity!
Alachua
Baker
362
59
$21,223,000
$0
Lee
Leon
223
144
50
31
$10,737,000
$5,999,000
Bay
2,070
25
$156,528,000
Levy
-
5
$0
Bradford
-
3
$0
Liberty
1
$0
Brevard
7,777
120
$612,587,000
Madison
-
3
$0
Broward
1,027
156
$57,222,000
Manatee
103
31
$4,749,000
Calhoun
-
1
$0
Marion
131
47
$4,449,000
Charlotte
31
18
$1,123,000
Martin
77
24
$4,138,000
Citrus
29
16
$701,000
Miami -Gude
2,947
215
$180,569,000
Clay
225
14
$9,466,000
Monroe i
375
15
$28,169,000
Collier
57
34
$2,079,000
Nassau[E4,872
6
$0
Columbia
41
5
$1,273,000
Okaloosa
41
$333,545,000
DeSoto
-
1
$0
Clkeechobe
5
$532,000
Dixie
-
1
$0
Orange
117
$561,960,00
Duval
5,859
87
$369,777,000
Osceola
1
13
$37,000
Cscambia
2,306
25
$149,545,000
Palm Beach
1,387
163
$94,291,000
Flagler
30
11
$1,1.72,000
Pasco
97
35
$3,729,000
Franklin
1
$0
Pinellas
4,036
114
$277,433,000
Gadsden
4
$17,000
Polk
156
56
$6,098,000
Gilchrist
2
$0
Putnam
1
4
$63,000
Glades
$0
Saint Johns
299
14
$18,739,000
Gulf
1
$0
Saint. Lucie
32
15
$1,033,000
Hamilton
1
$0
Santa Rosa
168
10
$8,425,000
Hardee
-
1
$0
Sarasota
341
60
$15,275,000
Hendry
-
3
$0
Seminole
255
54
$9,788,000
Hernando
61
14
$2,325,000
Sumpter
10
5
$365,000
Hightands
76
7
$3,862,,000
Suwannee
2
2
$63,000
Hillsborough
Holmes
Indian River
3,319
9
39
126
4
19
$221,895,000
$388,000
$1,175,000
Taylor
Union
Volusia
2
251
3
1
67
$163,000
$0
$10,985,000
Jackson
41
7
$1,142,000
Wakulla
5
$0
Jefferson
-
2
$0
Walton
68
5
$4,640,000
Lafayette
-
1
$0
Washington
2
2
$66,000
Lake
81
23
53.252.000
April 7, 2010
Space Coast League of Cities
Florida League of Cities
Brevard County Commissioners
Florida League of Counties
Florida League of Mayors
Enterprise Florida
Space Florida
Re: 2011 Budget for the Kennedy Space Center
Dear Members:
Attached please find a copy of a letter we sent to the 27 Florida Members of Congress.
We respectfully urge you to do the same. We believe we must not fixate on what the
mission of the Kennedy Space Center will be; rather encourage the Members of
Congress to commit to a level of funding so we can retain the talented workforce here in
Brevard County.
Please feel free to contact me with any questions.
Respectfully Submitted,
Rocky Randels,
Mayor
1 attachment
cc: City Council
Aniela Auerson
From: Clerks Office [clerksoffice@cfl.rr.com]
Sent: Friday, March 26, 2010 1:24 PM
To: 'Angela Apperson'
Cc: 'Kim McIntire'
Subject: Florida Congressional list
-Find WIh " o
Represents You
In Congress
Power Search
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Congressionatl
Schedule
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and data costs, we play no role in the selection of the advertisements shown above. They are choosen by gLoqLIf-)
Aorida in the 1111h Congress
(2 nd Session)
To retrieve much more detailed biographical and contact information about a given Congressmember, click on the membe
Member Name
DC Phone
DC F'AX Electronic Correspondence
Senator Bill NgLsorL(D-jFL)
202-224-5274
202-228-2183 http,,f/bi11tielsoii.seiiateaov/�C(qii�ta�
Senator George S, LeWeux (R- FL)
2102-224-3041
202-228-5171 http://Ienjeux.senate.o pgbliqC�
R resentative Jeff MilCier R - 01
202-225-4136
202-225-3414 hftp://ieffmilCer,hous:e.gov/Coiitaci
,Representative Atlen.Royd D - 02)
202-225-5235
202,-225-5615 hLtps://forfns�house.00v/bovd/wet
Representative Corrine Brown_(D - 03)
202-225-0123
202-225-2256 http:/ Aw.hqqs@.qov/corrinebroy
Representafive Ander Crenshaw LE - 04
202-225-2501
202-225-2504 htt ps://write rep. house. ci ov/writere
Representative Gtnny Bro mz'JWaite (� - 05
202-225-1002
202-226-6559 httr)s://brown-waite.house,aov/Cc
ReDresentative CIff Stearns (R - 06
202-225-5744
202-225-3973 http,s://stearns.house.gov/Coiitac
-LR 97 j
( presentative John L Mica---
202-225-4035
202-226-0821 http://mica.liouse,aov/Contact/Co
EgaLesentative flan Gca sor7 D�-08)
202-225-2176
202-225-0999 httr)s://allaiiaraysoti.houlse.gov/Cc
Rep rakis R - Qq
Refire Gus BiL ... L_ j
202-225-5755
202-225-4085 httoJ/www.hous ki
"I I'll- p.goy/formbitira
Re resentative C. W, Cil Young (R - 10)
202-225-5961
202-2259764 Bifl.YounaCcDmail.house.go
Representative-E2LhyAnn�e..Q
202-225-3376
202-225-5652 https://writer housexiov/writere
Rg.p.resentative Adam Putnam (R - 12)
202-225-1252
202�-226-0585 hLtp,.//adamputnarr).Ciouse.aov/coi
Representative Vern Buchanan (R - 13)
202-225-5015
202-226-0828 htt s:/lforms.house.goy/buchangi
Repre;entative Connie Mack (R - 14)
202-225-2536
202-226-0439 https-.Lhjjgck�.house. �ov�?p=Email
Representative.,.Bilt Posey (R - 15
202-225-3671
202-225-3516 http,/tpgs�.hous�e.ov/fo�rms/wCjt
Rem Thomas J. Rooney -fa.- 16)
202-225-5792
202-225-3132 Litt//roonev.house,gov/index,cfrT
Re resentative Kendrick IB, Meek D - 1_7
202-225-4506
202-226-0777 https://writerep,ho�use.ggy/�wLritere
Repre 3eintative Ileana, Ros-Lehfinen (R -
202-225-3931
202-225-5620 https://w fterep.hOUse.goy/whtere
Repre;entative Vacant ( - 19)
202-225-3001
202-225-5974 None Currently Available
Representative Debbie Wasserman Schultz (D - 20)
202-225-7931
202-226-2052 httP://wassermansghu tzho
Re prosentative Lincoln Diaz-BeC rt(R - 21)
202-225-4211
202-225-8576 http://diaz-balart.1-iouse,ov/index
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Representative R n Kjein D - _22
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202-225-3026
202-225-8398 http://kILitLliouse.gov/�ndf�x.gtM _?_
Representative Alcee L. Hastigg,_L
202-225-1313
202-225-1171 htt SJ/forms,house.qoy/alceehas
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[jeoresentative Suzanne Kosmas..(j2..-_Z4.) 202-225-2706 202-226-6299 btj
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Rer)resentafive Mado Diaz-Balart..(.R..-I,�—)) 202-225-2778 202-226-0346
This compilation Copyright @ 2010 Juan Cabanela. All Rights Reserved.
Contacting the Congress is maintained by Juan Cabanela
Webpages on the Contacting the Congress website (including this one) are 0 Copyright 2009 ,l Qabanea, Portions of this webpage may havE
ggogressMerg and are (D Copyright 2009 Congress Merge. AH Rights Reserved.
a
Mia Goforth, Acting City Clerk
City Clerk's Office/City Hall
105, Polk Avenue/P.O. Box 326
Cape Canaveral, FL 32920
321-868-1220/FAX 321-86,8-11248
www.cityofcapecanaveral.org
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/0612010
Item No. Co
Subject: ORDINANCE NO. 5-2010 -AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF
ORDINANCES; PROVIDING A DEFINITION OF "CHILD CARE FACILITY";
PROVIDING THAT CHILD CARE FACILITIES MAY BE PERMITTED BY SPECIAL
EXCEPTION IN THE R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT SUBJECT TO
CERTAIN CONDITIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
Department: Community Development Department
Summary:
The owners of Palms East apartments desire to start a child day care facility in the
apartment complex. They intend to primarily serve the working parents who are tenants
in their complex. They envision accommodating 25 to 40 children and house the day
care in vacant space adjacent to the rental office_
Our code does not currently allow for day care in the R-2 zoning district, therefore, the
issue of allowing for day care in R-2 zoning was brought before the City Council at their
meeting on February 2, 2010. The Council passed a motion to direct staff and the P&Z
Board to consider and make a recommendation on allowing day care, both child and
adult, in residential zoning districts.
The P&Z Board considered the issue at its February 10, 2010 meeting and
recommended that child care be added to R-2 as a special exception use. Adequate
parking and drop-off areas; hours of operation; and noise and lighting were issues
discussed by the Board. The Board requested that staff do additional research
regarding criteria to evaluate the appropriateness of a child care facility at a specific
location. City staff researched the codes of other local governments and the City
Attorney prepared a draft ordinance that adds child care facilities to the list of special
exception uses in Section 110-294 and included evaluation criteria. The P&Z Board
met on March 10, 2010 to review the proposed ordinance and recommended approval
with conditions. See attached P&Z recommendation and proposed ordinance for a
listing of conditions.
Requested Council Action: To adopt Ord. No.05-2010.
Financial impact: None
Attachments: (1) Ordinance No. 05-2010. (2) Planning and Zoning Board
recommendation.
Submitting Department Head: Barry Brown Date:03129110
Approved by Acting City Manager: cq Date: 3 /3ak o
City Council Action: j ] Approved as Recommended j ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
ORDINANCE NO. 6-2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; PROVIDING A DEFINITION OF
"CHILD CARE FACILITY;" PROVIDING THAT CHILD
CARE FACILITIES MAY BE PERMITTED BY SPECIAL
EXCEPTION IN THE R-2 MEDIUM DENSITY RESIDENTIAL
DISTRICT SUBJECT TO CERTAIN CONDITIONS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the R-2 Medium Density Residential District currently includes as permitted
uses residential dwellings and public schools; and
WHEREAS, the City Council believes that permitting child care centers as a special
exception use in the R-2 District subject to certain conditions is consistent with and will compliment
the existing R-2 District uses; 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.
Section 2. Code Amendment. Chapter I 10, Zoning, 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 this 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
City of Cape Canaveral
Ordinance No. _-2010
Page 1 of 4
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used int his chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Child care facifiU means any child care center or child care arrangement as defined b
section 402.302. Florida Statutes. as may be amended.
ARTICLE VII. DISTRICTS
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
See. 110-294. Special exceptions permissible by board of adjustment.
In the R-2 medium density residential district, the following special exceptions shall be
permissible by the board of adjustment:
�xx
Child care facilities licensed and operated consistent with Florida law, subject to the
following conditions:
The child care facility must be located in a multi -family complex and an
such complex shall not be an age -restricted community
There shall be an adequate drop-off and pick -u12 area onsite located outside
of the public right-of-way,
fCQj One (1) parking space per employee plus one (1) parking space for every
eight (8) children shall be required, with a minimum of five (5) total spaces:
MJ Adequate visual screening and noise buffers from adjacent areas shall be
provided.
City of Cape Canaveral
Ordinance No. _-2010
Page 2 of 4
EJ Each application for a special exception under this subsection shall be
accompanied bya site plan drawn to scale depicting the child care building=drop-off
and pick-up area, parking, plU area and adjacent building
(Fb Adequate lightingin in the pick-up and drop-off area shall be provided.
For purposes of this subsection, the term "child care facility" shall not include a "family day
care home' as_defined_by Florida law.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted bythe City Council, orparts ofprior 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. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.2010.
ATTEST:
MIA GOFORTH, Acting City Clerk
1 st Legal Ad published:
First Reading:
2nd Legal Ad published:
Second Reading:
ROCKY RANDELS, Mayor
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
City of Cape Canaveral
Ordinance No. _-2010
Page 3 of 4
For
Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2010
Page 4 of 4
From
City of Cape Canaveral
Community Development Department
110
rr_rson, Acting City Manager
Mia Goforth, Acting City Clerk
Susan L. Chapman, Secretary, Planning & Zoning Board
Re: Recommendation to City Council
Amending Chapter 110 — Providing for Child Care Facilities in the
R-2 Zoning District
At the Planning & Zoning Board meeting held on March 10, 2010, the Board
reviewed and held discussion regarding the proposed draft ordinance.
Following discussion, the Board members unanimously voted to recommend
approval of the ordinance to the City Council, to include the following conditions:
(A) The child care facility must be located in a multi -family complex and any
such complex shall not be an age -restricted community;
(B) There shall be an adequate drop-off and pick-up area onsite located
outside of the public right-of-way;
(C) One (1) parking space per employee, plus one (1) parking space for
every eight (8) children shall be required, with a minimum of five (5) total spaces;
(D) Adequate visual screening and noise buffers from adjacent areas shall be
provided.
(E) Each application for a special exception under this subsection shall be
accompanied by a site plan drawn to scale depicting the child care building, drop-
off and pick-up area, parking, play area and adjacent buildings.
(F) Adequate lighting in the pick-up and drop-off area shall be provided.
Please schedule this ordinance for an upcoming City Council meeting agenda.
7510 N. Atlantic Avenue • Post Office Box 326 - Cape Canaveral, FL 32920-0326
Building 8r- Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247
wwwcityofcapecanaveral.org - email: ccapecanaveral@cfl.rr.com
NOTICE OF ZONING
AMENDMENT
Notice is Hereby Given that the City of
Cape Canaveral City Council will consider an
amendment to the code of ordinances to add
child care facilities as a special exception use
in the R-2 Residential Zoning District in the,
City of Cape Canaveral. A Public Hearing -ori
the Proposed Zoning Amendment will be held
on Tuesday, April 6, •2010, at 7:00 P.M. in the
Cape Canaveral Library, 201 Polk Avenue, Cape
Canaveral, Florida. The City of Cape Canaveral
proposes to adopt the following ordinance:
ORDINANCE NO.. 05-2010
AN ORDINANCE - OF THE CITY OF CAPE
CANAVERAL, FLORIDA, AMENDING
CHAPTER 110, ZONING, OF THE ' CODE OF
ORDINANCES;, PROVIDING A DEFINITION
OF "CHILD CARE FACILITY"; PROVIDING,.
THAT CHILD CARE FACILITIES -MAY BE
PERMITTED BY SPECIAL EXCEPTION IN
THE R-2 MEDIUM DENSITY RESIDENTIAL
DISTRICT SUBJECT TO CERTAIN
CONDITIONS; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT . ORDINANCES
AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY, AND AN
EFFECTIVE DATE.
The Ordinance .may be viewed in its entirety in
the City Clark's Office at 105 Polk Avenue, Cape.
Canaveral, FL 32920 during regular working'
hours, Monday through Friday, 8:30 A.M. to
5:00 P.M. pursuant to Section 286.1015, 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 might 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.
Mia Goforth,
Acting City Clerk
365902
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City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04106/2010
Item No. 7
Subject: Discussion on Update on Citizen Request to Repair Deteriorated Trusses and
Roof at Neighboring Quad-plex Unit, Address 8740 Croton Court, Ocean Woods
subdivision; take any action if necessary.
Department: Administration
Summary: This item comes back by Council consensus at the March 16 City Council
Meeting. The City Attorney advised the Council to wait for a response regarding a letter
sent by the Citizen's attorney to the property owner of 8740 Croton Court; and in the
meantime, staff should research Neighborhood Stabilization funds.
At this time, the use of Neighborhood Stabilization funds is still being researched.
Planning Director Brown will present information obtained at the meeting.
Furthermore, at the time of this writing we have no additional information from the
Citizen. Building Official Morley will present information obtained at the meeting.
Requested Council Action: Receive update and provide any necessary direction.
Financial Impact: Unknown
Attachments:
Copy of previous agenda packet items of 3-16-2010
Submitting Department Heads: �J/h
Approved by Acting City Manager: -�Date: 3-30-2010
City Council Action: [ ] Approved as Recommended L ] Disapproved
L ] Approved with Modifications
[ ] Tabled to Time Certain
City of Cape Canaveral
City Council Agenda Form
City Council Meet i Date: March 16, 2010
Item No.
Subject: Consideration of citizen's request to repair deteriorated trusses and roof at
neighboring quad -plea unit. Address: 8740 Croton Ct.
Department: Code Enforcement
Summary:
Due to the unique nature of the problem, a citizen requests that the City take action to repair a
residential structure (one unit of a quad-plex). This requestor is an adjoining neighbor and is
suffering from the effects of a significant roof leak at subject property. Because the quad-piex
has a flat roof and parapets, a tarp will not substantially cure the problem (water will leak under a
tarp on a flat roof). The subject property has sustained significant structural damage to the roof
trusses. At least two trusses must be repaired or replaced. The structure has been posted
"Unsafe" and has been foreclosed upon. The bank has not made any attempt to repair. The
Code Enforcement Board has entered a lien of $250 per day retroactive to 11/19/09. Current
amount of lien: $27,250.00
Requested Council Action:
Consider approval and expenditure of funds. Building Official estimates work to cost
approximately $25,000.00. Authorize solicitation of competitive bids.
Financial Impact:
Approximately $25,000.00
Attachments: o Supporting Documents Reviewed
Letter of request from affected neighbor.
Staff summary.
Photo of damaged truss and roof deck.
Submitting Department Head: Todd Morley Date: March 8, 2010
Approved bvbity Manage:: Date:
J/w/ �
City Council Action: [ ] Approved as Recommended [ Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
February 25, 2010
Cape Canaveral City Council
105 Polk Ave.
Cape Canaveral, FL 32920
Dear Council Members,
I am writing you today in regards to an ongoing issue I have with a neighboring property. My
husband and I own 8734 Croton Court, a quad townhouse in the Ocean Woods subdivision.
The neighboring property is located at 8740 Croton Court and is attached to ours via a common
wall. Additionally, for reference the roofs are the responsibility of the owner not the Ocean
Woods HOA. The property has been abandoned for nearly 2 years and has gone through
foreclosure. The mortgage holder, Chase Financial purchased the property back in October
2009.
After the foreclosure, the bank allowed Todd Morley, Building Oficial and Duree Alexander,
Code Enforcement Officer to enter the premises for inspection purposes. They spoke with us at
that time and asked if we had any problems with our property as the roof had a large hole in it.
They said to contact them if we noticed anything unusual. On December 3r' of last year after a
severe rainstorm I noticed that there was wet drywall in my living room as well as water leaking
in through the base molding. We contacted Duree Alexander and she came out and evaluated
the situation and contacted Chase's attorney. We then filed a claim with Citizens, our property
insurer. Their Claims inspector agreed that the water entering our property is from the
damaged roof next door. They did approve the claim but cautioned us not to have the repairs
done until the roof is fixed.
All attempts by us to contact Chase as to when they will be repairing the roof have gone
unanswered. They also have not answered Citizens request for Insurance information for
subrogation of the claim. Adding to our frustration is the fact that the insurance company has
notified us that they may or may not approve any further claims for water damage and if the
mold spreads into our structure that condition is not covered. We have been forced to retain
an attorney to protect our investment as well as our home and health. Thank you in advance
for any consideration of assistance to end this nightmare. Please contact me should you need
any further information. My telephone number is (321) 271-1154 or email rharrell50cfl.rr.com.
Sincerely,
Roger and Sharon Harrell
5740 Croton Court Cape Canaveral FI 32920
Unsafe Structure, located in Ocean Woods (Part of Quad Unit)
Having adverse effect on adjoining units, specifically 8734 Croton Court and 8738
Croton Court.
Staff Summary
-Duree Alexander
• 8/06108 Initial complaint regarding condition of property from adjoining
neighbor.
• 8/07/08 Staff visits site. View from exterior reveals broken windows, trash/debris,
and partial drywall ceiling collapse indicating water damage. Staff notes concerns
regarding evident roof leak.
• 8128/08 Staff posts property "Restricted" and contacts additional adjoining
neighbors. Staff begins attempts to access unit for full damage assessment
inspection.
• 3/23109 Lien filed with Brevard County Clerk of Court against current property
owner Robert B. Muckenfuss; from January 22, 2009 at $100.00 first day of non-
compliance, $75.00 everyday thereafter until found in compliance. Owner has not
responded to multiple requests for access.
• 8/03/09 Staff learns that property in foreclosure.
• 10/20/09 Correspondence with new owner (Chase Home Finance, LLC) regarding
condition of structure; staff requests access into unit.
• 11/19/09 Code Enforcement Board finds Chase in violation. Given until 12/17/09
to correct violations.
• 11/20/09 Building Official and Code Enforcement Officer granted access by
Chase to inspect unit; Staff posts" Unsafe" due to the deteriorated condition of the
exposed trusses (roof leak confirmed) and the condition of roof.
• 11/23/09 Correspondence sent to Chase regarding the inspection and possible
additional liens.
• 12/10/09 Unsafe Structure Notice filed with Brevard County Clerk of Courts.
• 12/17/09 Code Enforcement Board Hearing ordering lien to be filed against Chase
in the amount of $250.00 per day, beginning 11/19/09.
• 2/25108 Adjoining neighbor submits request for City action to cure violations.
Although staff has sent additional correspondence to Chase and has made several
phone calls, no attempt has been made to correct violations.
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 04/06/2010
Item No. LT
Subject: Discussion Proposed Revisions to the Employee Handbook and
Implementation of a Supervisor's Guidebook.
Department: Administration
Summary: On December 15, 2009 the City Council was provided copies of the
proposed revisions to the Employee Handbook and implementation of a Supervisor's
Guidebook memo attached for review. Since then the Handbook/Guidebook were sent
to Jacklin C. Fisher, SPHR, who is an experienced HR Professional. Her
recommendations for minor revisions to the handbook are attached.
Although her comments to Sec. 1.2 suggest there be a statement telling employees how
they can access policies if they need to; the Handbook was intended to replace the
1998 Personnel Rules and Regulations and appropriate revisions to the language
should be made to clarify this point.
Requested Council Action: Please provide direction
Financial Impact: Unknown
Attachments:
Copy of memo to Council dated 12-15-09; Letter and report, dated 2-15-2010, from
Jacklin C. Fisher, SPHR submitted to Andrea Bowers, City Treasurer
Submitting Department Head: nla Date:
Approved by Acting City Manager: Date: 3-30-10
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
105 Polk Avenue, Cape Canaveral, FL 32920
P.O. Box 326
321-868-122011221
321-868-1248
Memorandum
To: City Council
From: Angela M. Apperson, CMC, City Clerk
Ap%—
Q Bennett Boucher, City Manager
Date: 12/15/2009
Re: Proposed Revisions to the Employee Handbook and
Implementation of a Supervisor's Guidebook
We are asking Council to schedule a Workshop Meeting to review the proposed drafts
prior to adoption. The following documents were compiled to assist you with your review and
preparation for the upcoming meeting:
1. Current Personnel Rules and Regulations
2. Current contract with the International Union of Operating Engineers
3. The proposed Employee Handbook and a CD containing all documents
incorporated by reference.
4. The proposed Supervisor's Guidebook
Please let me know if you have any questions.
1110 Jay Place
Melbourne, FL 32940
February 15, 2010
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Attn: Andrea Bowers, City Treasurer
Dear Ms. Bowers:
Its been a pleasure working with you and reviewing the City of Cape Canaveral's Employee
Handbook.
I've included a brief report of some items that I felt needed some attention. Overall, you have a
very good handbook that has covered all of the bases. In the future, as changes are made to
your document, you may want to consider making it less detailed and directing employees to the
policy for more information. As your handbook states, the purpose is to serve as a guideline and
is not the actual policy.
If I can be of further service to your organization, please do not hesitate to contact me. I can be
reached at (321) 258-8320 or via e-mail at
Sincerely,
,iac�ie Fisher, SPHR
Review of proposed employee handbook for the City of Cape Canaveral
IIn
Jacklin C. Fisher, SPHR
Submitted to Andrea Bowers
City Treasurer
City of Cape Canaveral
F.O. Box 326
Cape Canaveral, FL 32920
February 15, 2010
I have completed a review of the City of Cape Canaveral's employee handbook which
was drafted on December 7, 2009. I've listed the sections that I feel changes or
clarifications should be made.
1.2 Purpose of this Handbook
It states the purpose of the handbook is to provide guidelines, not detailed policies. There
should be a statement telling employees how they can access policies if they need to (via
company intranet, visit Human Resources).
2.10 Use of City Vehicles
Possession of firearms and smoking is prohibited. I also recommend adding that it is
unlawful and against city policy to operate any city vehicle while under the influence of
drugs or alcohol, including prescription medication that may interfere with the ability to
operate a motorized vehicle. Is personal use also limited or prohibited? This should also
be addressed.
9.4 Family and Medical Leave Act (FMLA)
How does an employee get the process started if they need FMLA? I recommend adding
instructions about talking to your supervisor or human resources representative and
directing the employee to the FMLA policy. Also, there should be a statement that tells
employees that with the exception of an unseen emergency, FMLA must be requested in
advance (for example, planned surgery or pregnancy).
13.3 Workers' Compensation
There are no instructions included on what to do if you are injured on the job in this
section. I recommend referring the employee to section 15.2, accident reporting, or
including a sentence letting them know to report all workplace injuries immediately to
their supervisor.
16.6 Personal Mail
Anyone found to be using city stamps and stationary may be subject to disciplinary action
up to and including termination.
16.11 Credit Card Program
It mentions that the credit card is for approved users, but does not indicate that charges
should be made for official city purchases. Use of the City Visa card should be limited to
official purchases only. If charges are deemed personal, they are the sole responsibility
of the employee who made the purchase. Abuse of a company issued credit card is
grounds for disciplinary action up to and including termination.
If anyone has any questions or comments, please feel free to contact me at (321) 258-
8320 or via e-mail at
City of Cape Canaveral
City Council Agenda Form
City Council Meeting Date: 0410612010
Item No. q
Subject: Discussion Regarding City Employee Retirement/Departure Celebrations.
Department: Administration
Summary: This item was requested by Council Member Roberts. It is her suggestion
that Council and staff be made aware of staff retirements and departures to celebrate
their service to the City. At the present time, there is no written policy or procedure.
Requested Council Action:
Financial Impact: Unknown
Attachments:
Copy of e-mails between Council Member Roberts and the Acting City Manager.
Submitting Council Member: Shannon Roberts Date:
City Council Action: [ ] Approved as Recommended [ ] Disapproved
[ ] Approved with Modifications
[ ] Tabled to Time Certain
Angela Apperson
From: Angela Apperson [apperson-cape@cfl.rr.com]
Sent: Tuesday, March 09, 2010 12:01 PM
To: V. Shannon Roberts'
Subject: RE: 3/5/10 update
1 will place your item on the 4/6/10 agenda
Angela Apperson, CMC,
Acting City Manager
City of Cape Canaveral
10S Polk Avenue
P.O. Box 326
Cape Canaveral, Florida 32920
Tel: (321) 868-1230/1231
Cel: (321) 863-0634
FAX: (321) 868-1248
apperson-cape@cfl.rr.com
www.ciityofcapecanaveral.org
AConserve paper. Please don't print this e-mail unless you really need to.
From: C. Shannon Roberts [mailto:csroberts@cfl.rr.com]
Sent: Tuesday, March 09, 2010 11:50 AM
To: Angela Apperson
Subject: Re: 3/5/10 update
Angie,
In the future, I would suggest to Council and staff that we be made aware of staff retirements and departures, so
we (Council) can celebrate their service to the City.
I would like to put this as a discussion item on the agenda for Council's meeting on March 16th or April 6th,
depending on the agenda from your perspective.
Thanks so much!
Shannon
On May 9, 2010, at 11:23 AM, Angela Apperson wrote:
Shannon,
The City Did not have a lunch for Larry. The Public Works Department gave him a cake, several cards and a
assorted coffee basket. Walt took Larry to lunch. I am not aware of any other items that are being planned.
Thanks,
Angela Apperson, CMC,
Acting City Manager
City of Cape Canaveral
1.05 Polk Avenue
P.O. Box 326
Cape Canaveral, Florida 32920
Tel: (321) 868-1230/1231
Cel: (321) 863-0634
FAX: (321) 868-1248
apperson-cape@cfl.rr.com
www.cityofcanecanaveral. org
AConserve paper. Please don't print this e-mail unless you really need to.
From: C. Shannon Roberts rmailto:csroberts@cfl.rr.comJ
Sent: Friday, March 05, 2010 10:01 PM
To: Angela Apperson
Subject: Re: 3/5/10 update
Angie,
Did the City have a go away lunch for Larry?
This is the type of information I believe Council would appreciate so we could thank him for his service.
Perhaps we can honor Larry and his contributions to the City at a future Council meeting.
Thanks so much!
Shannon
On Mar 5, 2010, at 5:59 PM, Angela Apperson wrote:
Council Members:
Today was filled with mostly personnel items:
• said good bye to Larry McCormack after 20 years of service.
• Promoted Phillip Bissett to Collection's Supervisor. Phillip was a Class "A" Plant Operator
Received a resignation from Jerry Munday in the Recreation Department
• Placed Job ads for Plant Operator and Utilities Mechanic
• Placed in house ads for Recreation Leader and Summer Camp Counselors.
Also forwarded information to you under separate cover. Please let me know if you have any questions.
I'm headed to the Friday Fest. Hope to see you there! Have a good weekend,
Angela Apperson, CMC,
Acting City Manager
City of Cape Canaveral
105 Polk Avenue
P.Q. Box 326
3
Cape Canaveral, Florida 32920
Tel: (321) 868-1230/1231
Cel: (321) 863-0634
FAX. (321) 868-1248
apperson-cape@cfl.rr.com
www.cityofcgpecanaveral.org
AConserve paper. Please don't print this e-mail unless you really need to.