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Packet 08-18-2009 Regular
City of Cape Canaveral AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: POI i rAl i - PRESENTATION: 7:00 p.m. — 7:30 p.m. Brevard County Sheriffs Department- Recognition of Deputy of the Month Chief Joseph Hellebrand, Canaveral Port Authority Recognition of Summer Camp Staff REPORTS: 7:30 p.m. — 7:45 p.m. City Manager Staff Business & Cultural Development Board Report AUDIENCE TO BE HEARD: 7:45 p. m. — 8:00 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (51 minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 105 Polk Avenue • Posc Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.ciryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com EktVy , of Cape Canaveral, Florida Council i Regular Meeting Agenda August 18, 2009 Page 2 of 3 CONSENT AGENDA. 8:00 p. m. — 8:10 p. m. 1. Motion to Approve: Regular City Council Meeting Minutes of July 21, 2009. 2. Motion to Approve: Proclamations in Honor of Constitution Week; September 17 through September 24. 3. Motion to Approve: Outdoor Entertainment Permit for American Legion Post 348. 4. Motion to Approve: Outdoor Entertainment Permit for VFW Post 10131. 5. Motion to Approve: Resolution No. 2009-26; Declaring the Brevard County First Responder Program an Essential and Critical Service. ORDINANCE: Second Public Hearina: 8:10 p.m. — 8:30 p.m. 6. Motion to Adopt: Ordinance No. 08-2009; Revising Chapter 82, Buildings and Building Regulations, related to Permit Fees. CONSIDERATION: 8:30 p.m. — 9:00 p.m. 7. Motion to Approve: Contract for Audit Services with McGladrey & Pullen, CPAs 8. Motion to Approve: Quarterly Treasurer's Report and Budget Transfers for the Quarter Ending June 30, 2009. DISCUSSION: 9:00 p.m. — 9:30 p.m. 9. Motion to Adopt: Sign Code Ordinance No. 05-2009; Without the Electronic Sign Sections. 10. City Council Meeting Rules of Procedure. REPORTS: 9:30 p.m. — 10:00 p.m. 11. Council P'" of Cape Canaveral, Florida 1-1ity Council Regular Meeting Agenda August 18, 2009 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/18/09 Subject: Summer Camp Staff Recognition Department: Parks & Recreation Summary: The department is recognizing the accomplishments & a job well done by our summer camp staff. Requested Council Action: None Financial Impact: None Attachments: o Supporting Documents Reviewed Submitting Department Head:440-A— Date: e; 6 O Approved by City Manager: Date: City Council Action: Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Memo 71W. Bennett Boucher, City Manager From Robert Lefever, Parks & Recreation Director GC: Mayor Randels & Council Members Date: August 6, 2009 R« Agenda Item Bennett, The Recreation Department would like ti) be placed on the Tuesday, October 18*' City Council Meeting agenda to make a short recognition presentation to summer camp staff. Thaannkss,, Robert Lefever CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 21, 2009 9:10 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 9:10 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Acting Deputy City Clerk Mia Goforth REPORTS: CITY MANAGER • Mr. Boucher requested direction from Council on the Sign Code because the SecondReading was not preserved at the last City Council Meeting. He advised Council to figure out some kind of path and explained that he would have to re - advertise the. Second Reading. Mayor Randels suggested a workshop and requested Ms. Joyce Hamilton, resident, read a report letter dated July 21, 2009, from the Community Visioning Committee (see attached). She announced that Mr. Phil Laurien informed the Committee that the City of Palm Bay will be having a Sign Code Charrette and recommended Mayor and Council attend; no date is set yet. Discussion followed. Mayor Randels asked for consensus to set a date for a Sign Code Workshop meeting in August. Council agreed to have the City Manager come back with a date for a meeting in August from 5:30 p.m. to 8:00 p.m. • Mr. Boucher reminded Council of the Budget Workshop scheduled for the next night, July 22, at 5:30 p.m. He offered Council a handout prepared by the City Treasurer, Andrea Bowers, of the Brevard County Property Appraisers Tax Data City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2009 Page 2 of 4 Base for the City of Cape Canaveral. A brief discussion followed. Council requested more levels of analysis. Mr. Boucher responded to Ms. Roberts in regard to the Library Meeting Room negotiations. He informed that he met with Brevard County Commissioner Chuck Nelson the day before and brought along Cape Canaveral Sheriffs Precinct Commander Alan Moros with him. He informed that Commissioner Nelson agreed to do away with the hourly fee for using the room, but the Library absolutely needed to have Monday nights. Council agreed to reschedule the meeting nights for City Advisory Boards: Community Appearance, Recreation and the Board of Adjustment. STAFF Building Official • No report. Planning and Development Director • No report. City Clerk No report. City Attorney • No report. BUSINESS & CULTURAL DEVELOPMENT BOARD REPORT No report. AUDIENCE TO BE HEARD: Mr. John Johanson, 607 Manatee Bay Drive, inquired what City ordinance or code did the Council follow to approve the Farmers Market. Mayor Randels responded that it was an Outdoor Entertainment Permit. City Aftomey, Anthony Garganese cited City Code Section 10-46, Amusements and Entertainment, as being the only code that remotely addresses this issue since a farmers market is not specifically listed. He responded to an audience member that the list of zoning uses cannot be changed by an emergency amendment. Mr. Johanson stated his personal opinion that this was a reach. Mr. Johanson inquired about the status of the FPL Home Energy Makeovers program offered back in January/February 2009, Mayor Randels responded that the City of Cape Canaveral did not meet the quota of owner occupied homes that met the criteria. Mr. Johanson responded that he disagreed and stated he took out applications to people he knew that needed it and after waiting on the day City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2009 Page 3 of 4 that the application stated they would be contacted and visited, he said nobody contacted them and nobody visited the applicants. Mr. Boucher explained that FPL (Florida Power and Light) collected the applications and was supposed to screen applicants. • Mr. David Schirtzinger, 314 Surf Drive, handed out data he collected from the Brevard County Property Appraiser Office comparing 2008 and 2009 taxes on Mayor and Council, the City Manager and himself. He shared his opinion that the City of Cape Canaveral's Ad Valorem Specific Taxation is unfair to a lot of people. Discussion followed. Mr. Boucher suggested that a consultant from Brevard County could come and talk to Council about this issue. CONSENT AGENDA: 1. Motion to Approve: Resolution No. 2009-20 Appointing a Regular Member to the Community Appearance Board; Rosalie Wolf. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog Approving Resolution No. 2009-20, Appointing a Regular Member to the Community Appearance Board, Rosalie Wolf. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. CONSIDERATIONS: 2. Motion to Approve: City Council Member Appointments to the Charter Review Committee. Mayor Randels stated that the City Manager recommended that each City Council Member pick two individuals to serve from the list of names submitted. The City Council made their nominations in the following order. Mayor Randels/John Johanson and Harry Pearson; Mayor Pro Tem Hoog/Tom Garboski and Mark Morrisson; Mr. Petsos/Burt Bruns and Frank Baker; Ms. Roberts/John Porter and Dianne Marcum; and Ms. Walsh/David Schirtzinger and Richard Clarke. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the City Council Member Appointments of Tom Garboski, Mark Morrisson, Frank Baker, Burt Bruns, Harry Pearson, John Johanson, John Porter, Dianne Marcum, David Schirtzinger and Richard Clark to the Charter Review Committee. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. A motion was made by Mayor Randels and seconded by Ms. Roberts to Extend the Meeting five (5) minutes. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2009 Page 4 of 4 follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. I Motion to Approve: Policy for Certificates of Commendation, Keys to the City, Proclamations and other forms of recognition. Mayor Randels stated that the City Manager has put forth, in the agenda packet, a procedure to follow. Discussion took place on who would be responsible for carrying out the procedures, the criteria for each category and determining who deserves proclamations and keys to the city and using a form for implementation. Council agreed to workshop the issue. COUNCIL REPORTS: Ms. Roberts recommended that at the next City Council Meeting that Council Reports be put as one of the primary agenda items. Mr. Petsos recommended putting a time certain on Council Reports. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:07 P.M. Rocky Randels, MAYOR Mia Goforth, Acting Deputy City Clerk PROCYAWATYOW Whereas. It is the privilege and duty of the American People to commemorate the two hundred twenty Second .Anniversary of the drafting of the Constitution of the united States of America with appropriate ceremonies and activities; and'Whereas: Public .Caw 915 guarantees the issuing of a Proclamation each year by the President of the United States of .America designating September 17 through 24 Constitution Veek, Naw, Therefore I, Rocky Randals as Mayor of the City of Cape Canaveral do hereby procCaim the week of September 17 through 24 as CONSTITUTION IVEEX -We in the Cape CanaveraCLight Chapter #2358 of the United Daughters of the Confederacy ask our Citizens to reaffirm the ideals the framers of the Constitution had in 1787 by vigitantCy protecting the freedoms guaranteed to us through this guardian of our liberties. IW'h7T-W!ESS IVHERPOF, I have hereunto set my hand and caused the Seal of the City of Cape Canaveral to be affixed seventeenth day of September of the year of our Lord Two thousandnine. Signed Seal .Attest PROCfA.M Ag7ON 'Whereas: It is the privilege and duty of the .American People to commemorate the two hundred twenty Second .Anniversary of the drafting of the Constitution of the ?United States of .America with appropriate ceremonies andactivities; and -Whereas: Public Law 915 guarantees the issuing of a Proclamation each year by the President of the ?United States of .America designating September 17 through 24 Constitution `Week, Wow, Therefore I, Rocky Randafs as Mayor of the City of Cape Canaveraldo hereby proclaim the week of September 17 through 24 as: CONSTITUTION IVEEX -We in Dorothy Clifford Space Coast Colony of the New England `Women Colony ask our Citizens to reaffirm the ideals the framers of the Constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties. INiNI'r-VESS WgfEREOF, I have hereunto set my `land and caused the Seal of the City of Cape Canaveral to be affixed seventeenth day of September of the year of our ford Ywo thousandnine. Signed Seat .Attest City Council Meeting Date: August 18, 2009 Subject: uuu Outdoor Entertainment Permit — American Legion Post 348 Department: Administration Summary: Member Picnic outside the American Legion Post, 105 Lincoln Avenue, September 7, 2009, 2:00 pm — 8:00 pm. Requested Council Action: Approve the Outdoor Entertainment Permit as requested. P _-------------- ..----------_._------- ....W ............... Financial lm act: N/A Attachments: xo Supporting Documents Reviewed Outdoor Entertainment Permit Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: ] Approved -as recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-nt%kim\mydocumentsladminlcounciNmeeting\2009k0&1 &091alpicmc.doc Revised 03-22=07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: � C ✓t OKAW�ov^b Title: R itJ e Firm: �„ ►� t h , L a ra i o ✓tJ ...... _ ..... �.. Address: E -Mail: r' /1P- l t't^i ei 2- (0 P G L , tp— Ie, e_o Telephone: ^ ) ! f of ~ / to 10 D FAX:_. Local Contact: Title: ) Local Address (if different from above) S51ili E S /� ✓-r_ u Type ofEvent: T /e—WI (_ — U015iWs— G(I) h 7`m4 - Will Alcoholic Beverages Be Served on the Premises? YES L NO Event Date(s) in Cape Canaveral: �! - Location(s): Date(s) Time r✓I_ Attach map(s) indicating event area and designated parking areas. ❑Tra>3ic Control ❑Street Closing to6ther ❑Use of Police/Fire Rescue Equipment ❑Vehicles/Equipment on Beach ❑Vehicle Parking on City Property Specify: 74 tom- JJ �'�S ot-rtt'k/o-rG If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 I. INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequ evi enee that the premiums are paid. �NameL ky—eo�90±:s of Insurance Co:� olicy I Expiration Date: ff. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (32 1) 868-1230 Fax: (321)868-1224 Hand)cap Parking Or Parking concrete rad 15 CM, 4 + 1 151:.201 Handicap Parking s ace Li This area to remain NO new construction Sturrge t — Storage Storage I 0 `• f w �eo .zwa tom �y,,,�,� aaaw� [t Storey 'rhA. - fns/ So nN W4aRVC[lm Swage 1UY 5 once WaEtdn coder — — - - 8'x 8' — O n a us. ua Ovtdl Mahury a for door D � n f a a D n „ io � r � is © ' u 10'f$ openkV la t0 b6 h f I sea deLW etaA drawcV / � 0 d /6 a m -r C:��iacr 6gh6ng J� for door \ N emergency door tole apt in here detaEl drawing « Goncretrd >> parking 0n gravel 11 d on concrete 1 Handicap « Care -rata >> Gravel thanpster Pad 12r1a . I Dempster - I PnVerly Una 08/12/09 11,,18 AN CDT Lockton via VSI-FAX Page 2 of 3 9162936 ®_ ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1)AIF(MmAk)IYYYY) ..._ PnODUC.Cn.----- ._.. THIS CERTIFICATE IS IISSUED AS A MATTER OF INFORMATION III1)11.4 I I'llllCV }FF}@:IIV} 1'111 I1.V FYIIGIA IIIIN ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lbakton Aiak Bervieea HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 4106-19 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, 1/05/2009 1/05/2010 ;A(W (14 C[4 0M:tt Kansas Clcy, MO 64141.0679 800-669.9944, INSURERS AFFORDING COVERAGE NAZCA 1,AIIk-P1merican Legion Port #348 INS)_In[nA Westport Insuranoa Corporation 39845 INNI)WOR W. Challenger 1, Tnc. 105 Lincoln Avenue INN)k>H I VkkMINFIi IFA 6eAUVW.,03 INVAREII D: gNh7M1k r _ Ca a Canaveral, YI, 32920 COVERAGES T11F Fl71 K'JTq OF INS11FANes I ICvri moW I1AVF PxFN IGRl1FF) Til TI(F IN,,%l1nFn NAMFF) APnvF fon TIIF F47I II;Y FFRKN) INC)k-.ATFn, W)TM IISTANFNNC, ANY FirommmIr TI Tram on'%:rmorrIT)N or ANY C;l-JNTnA(',T on (1TIIFn F)II(,,UMFNT wmI nFsrI TO WIIII'II TMS C.FnTIFI(;ATr MAY Pl ISSUFr) On MAY rrnTAfN, TIIF INSUMANC,F AFF( nr)FF3 PY TI IT P01 IC;If'S F)r,.cPiP,FI) I IFnF)N N SUP.IR:T To Al I TIIF TFnMS, FYCI I1SIoNS ANF) C ONFHTIi INR or Sitw L N')t ton.; Ationrt;ATF I IMITS SI k7WN MAY I IAVF Arrk 72FnUF:FF) Ry PAID CI AIMS III1)11.4 I I'llllCV }FF}@:IIV} 1'111 I1.V FYIIGIA IIIIN I'I II Ik:-Y' N4tWIIFk I IK 1>AI} WM )l4 VV 1)AIL MM 111 VV IkM441?'. A IMPOSE NO ODUCATION On L)ADIUTY Of ANY KIND UPON lilt INSUOCR, ITS ACCNTS On ot} III IIAkIIUV L114008022202 1/05/2009 1/05/2010 ;A(W (14 C[4 0M:tt zcoin, n0r) j l)� IW�vF I WNIH) (,(IYNFIa.IN (PN}NAI IIY(II IIV VkkMINFIi IFA 6eAUVW.,03 'A 300,000 CLNMSMADC L OCC),In MED CXr (Ale lmY aoew kl I r' I✓J-XKO(AI lL AI)VIN.AIIkY i 1 000 2.000, 000 (:}N}Ka Autlk}(;Al.a CCNrL A00nCOATE LIMIT APPILICS PEA M)ODUCM • GOMPIOP ACO b Pft*, YOI Itl:V r(x AUTOMOBILE UAOIIUTY l'l))AHllill kl)II:IF IIII I ANY N.ITO IP -1 Anew:Irl ! x(11 )Il V 1N,I11NV All OWNFI) AOI(W Will IN.wId fl k1}r►4w)11-14 Atax � I119CD AUTOS BODILY IN klfri { Ali IN All N .UMdr►I l . V . Iw- ✓N(Y)kIV 1)AMA(II, w I✓1Y AMMI,4) NA MA(ll I11AI"I II V All 10 010 V >A al:l.11l}N '.... 4 (IIN}1i INAN FA AI:I: ANY Y110 AIII()(INI Y AGO b >K()FNI;I)h IIA IIANIIIIY Cl AIYIiMAIk 1Uif4, l -(;AI} S it i *410C IIIA F ? !K}49N 1q)N R IAIt 161 At11 ()IW Wt)ItKFk44 t:I1N11'}NRA WIN ArolY I FMIIIIIV}Xh I IAkk I1 V }I_Lil- }AI NAi:i:ll )UNI L ANY k"n.CY'xkl>I()kJv'A41NIt;!>>I.I111V, },I IY4:)4i >4 FNI.71)V>F E ()F>4{'}M,pWNFt.0 M>I: }'t["I III}Ylf( s II Ylz, Mf91'iYlYh.IM1t15r' µK11: MI. -'ww 4t)NI: 110-w C L DI9CAic • POUCY LIMIT b OTIICn DE.SCOIP71ON OF OV0,A710NS /LOCATIONS I VCIIICL.C6 /EXCLUSIONS ADDED BY CNOOaB(MCNl / SPECIAL PnOVIS1ONS '...Certificate Holder sa l.otcd ao Additional Iaoured an rcopecto to Pi=.o )a Pout Parking Lot at 10 Lincoln Avenue on 6epte..r 7, 1009. i CERTIFICATE MOLDER CANCELLATION A00'RD 25 (2001108) "'"-' ACORD CORPORATION 1998 DS97546439 93486 SHOULD ANY 0! TI IC ABOVE DESCfi1DC0 POLICIES DC CANULLID OROnC TI IC CXPfIATION City of Cape Canaveral I)AIF INIkFUk, INF IN>IIIN(1 INkIIK}k WIII }w)FAVIIk 111 MAII y DAVM WHII I}N NIAID III IMF 4:}KIIF If:A I> N(III)}k 1,1I4W011 111 INF 1}FI, kill FAIIIIK} 11) 111) MII NNAII PO Box 326 IMPOSE NO ODUCATION On L)ADIUTY Of ANY KIND UPON lilt INSUOCR, ITS ACCNTS On WH' FI;FNIAIIVYI: Cape Canaveral, PL 32920 AUTIIOn12CD 0EP0CSENTATIVC A00'RD 25 (2001108) "'"-' ACORD CORPORATION 1998 DS97546439 93486 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: August 18, 2009 Subject: Outdoor Entertainment Permit — VFW Post 10131 Department: Administration Summary: Patriotic Memorial Service at the VFW, 105 Long point Road, September 11, 2009, 8:00 am — 10:30 am. Requested Council Action: Approve the Outdoor Entertainment Permit as requested. i Financial Impact: N/A Attachments: x❑ Supporting Documents Reviewed Outdoor Entertainment Permit _............................................................_..._ Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: [ J Approved as Recommended [ J Disapproved [ ] Approved with Modifications [ J Tabled to Time Certain cape-nt\k im\m ydocu m e nts\ad m i n\co u n ci Nmeet i ng\2009\08-18-09\vfwm em o r a l se rvice. doc Revised 03-22-07 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: A&1J " t . .... Title:i ...r Firm: Address: VMRMNS OF FOREJGN WARS POST 1013 E -Mail: CAKCANAVERAL FL 31910 ----- ...r........... Telephone:TU __ 2 ly 2 _ , / __.... — FAX: Local Contact: Title: Local Address (if different from Type of Event:...1 a 1 — r . � ?m �. .. _....— S,4;F Will Alcoholic Beverages Be Served on the Premises? YES NO„m m, Event Date(s) in Cape Canaveral;_ mm �mm . ', ' /1 T” l !1 2Q .. . ... ......... . _.... Location(s): Date(s) Time , 6W13,n " /0) D Attach map(s) indicating event area and designated parking areas. ,X"raffic Control se of Police/Fire Rescue Equipment ;a Ereet Closing DVehicles/Equipment on Beach EOther [)Vehicle Parking on City Property Specify: Q m V.-7, O p– CnvCKQ- UJ �w17 j�U�4 _ v If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building permit application must also be submitted along with all pertinent information relating to the temporary structures and their proposed location. Submittal of the building permit application will occur AFTER City Council has approved the Outdoor Entertainment Permit. By signing this application, the applicant acknowledges and agrees to the following provisions: Revised 03-22-07 INSURANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Cow kV1 "r`' " � _ + .z _. ,. Policy No:— t jj_.zi�6-J' >.s> Vicz.i Expiration Date: Z- 11, PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. TH. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. Date Applicant or Representativefritle Approved by City of Cape Canaveral: City Representative's Name: "Title: Signarure. Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennen C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321)868-1224 �fl;_S=`BENTSAND =NTE?T,'J`FkASNTS i i § 14.45 1 % i ARTICLE I. Illi GENERA, L \ 108.2,1 ylembersein. tilerrmbe 8 of the con. strlctioa board of adjustment and appeals Secs, 10-1-10.25. Reserved. \sholld be composed of incAviduals wick knowledge and experience ih the techr-ica codes, such as design proles ionals, contract TICLE II. AMTISEMENT DEVICE tor9 or building industry representatives. CODE*A bd d member shall nc act in a case in which he has a person or financial in - Sec. 1 26. Adopted. I terest. (a) The\Standard Amusement D vice Code, 1985 editio , published by the South rn Building Code Con gr s International, Inc.,' adopted by reference as ough it were copied fully in this article. fl (b) Wheneve the term "a ministrative authority' or "o tial" is used in he amusement device code adopte in this sectio , it shall be con strued to mean the this offf 'a1 of the city or his authorized repre entative, (c) Any person whd1 fail to comply with th tion or who shall viol, any order or regulati adopted in -this section lation of any detailed s or plans submitted and or any certificate or per. shall, for each and eves compliance, respectivel, in section 1-15. (Code 1981, §§ 628.01 shall vi late or who shall code dopted in this sec. e or ail to comply with o m de under the code 0 o shall build in vio- la ent or specifications ap roved under such code ssued under such code Y s h violation and non - s be unished as provided 628.0 Sec. 20.27. Amen ents. The amusement evice code a opted in section 10-26 is amended follows: (1) Section 1081 is amended to r ad as follows: Appointm nt, There is hereb- established a board be called the cont: u. tion board of adjust ent and appeals, which -hall con- sist of ve members. The board -hall be appoint d by the city council, (2) Sectio 108.2 is amended to read as fo ows: 108.2. yfembershio and Terms. -Cross ref ence—Code enforcement, 4 2.236 et seq. 108,2.2 rms. The ter s of office of the board mem ers shall b two years from the date of appo trent. ontinued absence of any member rom r quired meetings of board shall, at the 'scretion of the city council, render ch member subject to immediate remov from office, 108.2.3 Secretary o Board. The building official or design a sh I act as secretary of the board and s all m a detailed record of all of its pr )c edings, w 'ch shall set forth the reasons fo its decision, he vote of each member, the its of a m ber and any failure of a ember to vote. (3) Section 10$.3 is amended to reac�as follows; 208.3 orum and voting. A si ple ma- jQority qf the board shall cons 'tute a Secs. 10-28-X10.45. Reserved. ITICLE III. OUTDOOR ENTERTAIlVMENT 1 DIVISION 1. GENERALLY Sec. 10.46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Outdoor entertainmer-; ecents means any Bath. ering of groups or persor_s for the purpose -of pa_ ,Cross references—Cade en;'orcem.ent. 3 2.246 et ;cq., oarks and receation, ch. 64; streets, sidewa]ks and other public places, ch. 66; buildi- p and bLildin.- regulations, ch. 32; zoning, ch. 110. CD10:S s 10.16 CA23 CA AVTR L CODE ticipating in, viewing, observing, watching or lis. tening to entertainment which consists of musical renditions, sporting contests or events, festivals or other entertainreen-t not conducted within a completely enclosed structure. (Ord. No. 23.92, § 1(729:01), 12-1.92) Cross reference—Del-iivticr-s and rules orco.-mru=cion —n. erally, § 1.2. Sec. 10-47. Compliance with other laws, The staging, promoting or conducting of an out. door entertainment event shall be in full and com- plete compliance with all zoning and land use laws in subpart B of this Code, beverage license laws and other laws, ordinances and regulations appli. cable to the city. (Ord. No. 23-92, § 1(729.04), 12.1-92) Sec. 10-48. Penalties for violatious. (a) Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the sections of this ar- ticle shall be punished as provided by section 1-15. (b) The city council may revoke the special out. door entertainment permit granted and shall im- mediately notify the city treasurer to revoke any occupational license upon the occurrence of any violation of this article. (Ord. No. 23-92, § 1(729.07), 12-1-92) Sec. 1049. Occupational license required. It shall be unlawful for any person to stage, promote or conduct any outdoor entertainment event in the city unless he shall have secured an occupational license as provided for in section 70-88, which occupational license shall be issued only after issuance of the special entertainment permit by the city council. (Ord. No. 23.92, § 1(729.02), 12.1-92) Cross reference—Occupations-1 license taxes, § 7o -ss. Sec. 10-50. Exceptions. The city council shall have the right to waive the applicability and necessity of any of the sec- tions of this article to any outdoor entertainment event sponsored by the recreational boards estab- lished by the city or any outdoor entertainment event promoted by a nonprofit organization, asso- CD10:4 cia'ion or g~oup if such outdoor entertainment event of such organization, association or grout) has been sanctioned or approved by the council. Such sanction and approval of an outdoor enter. tainment event promoted by such organization, association or group shall be based upon a suffi- cient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23.92, § 1(729.08), 12.1-92) Secs. 10.51-10.60, Reserved. DMSION 2. PERMIT Sec. 10-61. Required. Any person desiring to stage, promote or con• duct any outdoor entertainment event within the corporate limits of the city shall first secure a special entertainment permit from the city council. (Ord. No. 23-92, § 1(729.03(A)), 12.1.92) Sec. 10.62, Application. An application for a special outdoor entertain- ment permit shall be submitted in writing to the city council on forms provided for this purpose at least 45 days in advance of the date of commence- ment of the outdoor entertainment event for which the permit is requested, in order to permit the council to evaluate the application in an orderly and expeditious manner. The application shall con- tain the plans, documents and information speci- Pied in this section. No permit shall be issued by the council until receipt and approval of all plans, documents and information and until the following minimum conditions are met or such higher con- ditions as required by the council upon a review of any unique problems contained in the plans, doc- uments and information are met: (1) Adequate plans for site construction., sani- tation facilities, sewage disposal, garbage and refuse disposal, drainace, iioodlighting during darkness, insect and rodent control, water supply and food service. For the pur- poses of evaluating such plans, the stan. dards established by the rules of the state �� § _o.ssM`'I" division of health in the sanitary code of the state shall be considered as ni.nimum requirements. For the purposes of this ar- ticle, part TV, chanter IOD -25, excluding Sec- tions 25.077, 2,078, 2.079, 25.080, of the Florida Administrative Code and any suc- ceeding rule, regulation or law shall be con- sidered specifically applicable to the oper- ation of an, outdoor entertainment event. In evaluating the plans, the council shall also consider the applicability of F.S. ch. 386, part 1, and such other provisions of law, the sanitary code or local ordinances as it may deem necessary in the interests of the public health and welfare. (2) An adequate geographic description and scale map or plan of the festival site showing the location of all required facili- ties, including adequate traffic control and parking facilities outside the performance area. Such plans shall provide for at least one parking space for every five patrons and for safe transportation of the patrons from the parking area to the performance area. No motor vehicle shall be permitted outside the designated panting area, ex• cept when necessary to ensure compliance with this article. (3) An adequate plan for medical facilities. There shall be provided one physician li- censed in this state on duty at all times for every 2,000 patrons, one nurse licensed in this state on duty at all times for every 1,000 patrons, one bed or cot for every 200 patrons, complete and sterile supply of med- icines, bandages, medical compounds, med- ical instruments, serums, tape and such other supplies as are necessary to treat ad- verse drug reactions, cuts, bruises, abra. sions, bites, fractures,, infections and other injuries commonly connected with such out- door activities. ;s; An adequate plan for internal security, triflic control, communications, fire protec- tion and emergency services, including am- bulance service, in and around the event area. Such plan shall provide for at least one person professionally trained in secu- CD10:5 rity and traffic control on duty at ell tires for every 300 patrons, with no security per- sonnel working more than one eight-hour shift in any 24-hour period. The plan shall include a detailed description of the play, of security, traffic control, communications, fire protection and emergency services, in- cluding ambulance service, to be used and how it is to be implemented, and a detailed background on the training and ability of the personnel to be used in implementing such pian. (5) A full and complete disclosure of the finan- cial backing of the outdoor entertainment event, including the names of all persons with a direct or indirect financial interest in the staging, promoting or conducting of such event, whether such interest be by virtue of ownership in any entity staging, promoting or conducting such event, status as an employee of any person staging, pro• moting or conducting such event or any in- volvement by which such person stands to gain or lose financially from such event. (6) The names of all persons or groups who will perform at the outdoor entertainment event and executed copies of all contracts or agree- ments with such persons or groups. (7) The names of all persons who will provide products, materials or services, other than entertainment, to or at the outdoor enter- tainment event and executed copies of all contracts or agreements with such persons. (8) The enact date and time of commencement and the exact date and time of the conclu. sion of the outdoor entertainment event. No event shall begin before 10:00 a.m. or end after 10:00 p.m. (9) A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and dernands made by any person for injuries received in connection with the staging, promoting, con- ducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or in- CAP?C? *i?.�T �1 CODE jury to any one person for bodily injury or otherwise, plus 325,000.00 darn.a.ge to prop- erty, and for not less than 5500,000.00 for da sages incurred or claimed by more than one person for bodily injury or otherwise, I)lus $50,000.00 for damages to property. h. The original or duplicate of sucpolcyshall be attached to the applicationAlsoecial outdoor entertainment permit,''together with adequate evidence that the premiums are paid. (10) Such additional conditions, criteria or de- tailed specifications for the special enter• tainment permit established by resolution of the city council as the council may deem necessary to carry out the intent of this ar- ticle for the protection of the public health, morals, safety and general welfare, in- cluding insurance coverage in addition to the amounts and types of coverage speci- fied in subsection (9) of this section. (Ord. No. 23-92, § 1(729.03(B)), 12.1.92; Ord. No. 8.94, § 1, 2-1-94) Sec. 10.63. Fee. The city council shall assess, upon the !Filing of the application for an outdoor entertainment permit, a minimum nonrefundable fee per day es- tablished by resolution of the city council and set forth in appendix B to this Code. (Ord. No. 23-92, § 1(729.00, 12-1.92) Sec. 10.64. Cash cleanup bond. Any person holding a special outdoor entertain- ment permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The cash bond shall be for the expense of cleaning up any debris, paper, litter or trash left by the patrons at the outdoor entertainment event or by the holder of the permit or his agents, employees or contrac- tors. The cash bond shall be returned to the holder of the permit upon certification by the city man- ager that all debris, paper, litter or trash has been removed from the premises, on which the outdoor entertainment event was held within 24 hours from the designated conclusion time of the out- door entertainment event and that no damage has been done to the streets, sewers, structures, trees and shrubbery on such premises or the adjoining property. upon failure of the holder of the permit to complete such cleanup or repair such damaga within the 24-hour time period, the city shall have the right to forthwith take such corrective action as it may deem necessary ar-d to deduct the cost of cleanup or repair from the amount of the cash cleanup bond. (Ord. No. 23-92, § 1(729.06), 12.1-92) Secs. 10.65-10.85. Reserved. i ARTICLE W. ADULT ENTERTAD MINT" DIVISION 1. GENERALLY , Sec. 10.89. Definitions. The followi words, terms and phrases, when used in this cle, shall have the meanings as- cribed to them i this section, ex ept where the context clearly in\five ffer t meaning: Adult arcade mta lishment where, for any form of coone or more motion picture projectors,c'tors or similar ma- chines for viewinfewer persons each are used to show fpictures, video cas- settes, slides or other photq�r hic reproductions which are characterized by /emp alis upon the de- piction or description of secified ual activities or specified anatomical areas. Fora purposes of this article, adult arcade is include within the definition of adult motion picture theaiter. Adu14 bookstore means a place that s is or of fers for sale, for anyJorm of considera! adult materials, the gross,sale of which represent ore than ten percent of the gross sales of the pla o or that comprises more than ten percent of the i i- vidual items it displays on the premises as 'Cross references—Code an force mentA 2-2-16 at seq.; reg- ulations regarding nudity on alcoholic beverage establish- ment premises, § 6-27; public nudity prohibited, § 50.2; occ_ pational license taxes. § 70-66 at seq.; toning. cls. 110; edult ent-_-taEnrnent establishments permitted by special eeception in the of -1 light industrial and research and deve!coment dis• met, § 110.354. CD 10:6 )9110139 12:10 PH CDT Lockton via VST -FAX rage z or 3 wio dzu a ACCRD, CERTIFICATE OF LIABILITY INSURANCE °A I10/2 ) (IQ 2 PnoOuCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lockton Risk Oervicea HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P,a, Box 410619 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1IneaeCity, XO 64141-0619 800-829-8390. INSURERS AFFORDING COVERAGE NAIC# IN4,1MI-Is Cape Canavb'ral Post #10131, Inc. INsun[n A: Wesrporr- Insuranoe Corporacion 39845 IN61)NfH H: 105 Long Paint Rd. INhl1HFH (:' INa.IRCn D - Cape C'anavbral, FL 32920 1Nl,HFH }; CAVPRACPS TNI - Po irk or INSIJnAN(,r I ISTrF) PrIOW IIAVI- PJrrN ISS01-0 TO TIIr INSUnm NAMrF) AFx)vr roFI TIII- fN-)I ICY rrnior) INDICATI-0- NOTWITIISTANNNO ANY n C>Il n MI -NT, Trnm CR CCNfiRIoN of ANY rnNTnA(;T On 0Tl irn F)o(-wrNT WITI I RI -SI -I -(-T To WI Ilcl I TI NS t;fffTIfI('ATr MAY lir h'Ufr) on MAY rrnTAIN, Tlir INSUnANCr ArrCnl7rr) BY TI Ir (Y)I 1( -IN- us-c-nIP,rr) I IrnrlN IS SUR1rC.7 TO Al I TI Ir TrnMS, rycl OSMNS ANF) rONF)fTICN-, or S (-.:ii etiir;ira, A(:(,nr(,ATr I IMAs SI IOWN MAY IIAVr RrrN nrout- ) RY mr) CI AIMS, JNK.W " 4N)) 1'1111cV F}F}c 11V} I' )1 WV I-Xi,WA IlzlN 1`1 /11(:Y NIIMHFH I IMI I K d IW 1)AIF MM )I) VV I)AIF NINIA)01 Yr A (*-WWAI IIAHIIIIr WCP114006931401 4/22/2009 4/22/2010 FACH OCCUR10-N(;F P OAMAC;* 10)&NIW) (:OMMFHt:I AI ((FNFNN IIANIIIIV VHFMI}:F}: IFI nmrmny 300,000 CLAIMSMADC OCCUR MCOIXf IN(ydrw,I,-I 1) b F'FHHONAI 16 AI)v IN.KINY f W-NIHAI A(MkkiA1F f 2,000,000 OWL AOORCOATC LIMIT 911UCS PM: MODUCTS - COMI'Jor AGG 9 j70(: von(:V rna AUTOMOWLC LIABILITY C(1MHINO. U FII N(il F I IMI I } '.. JWYAIJTO IL,I '. 'dJjm HOOII r IN.111HV '... Al V OWNH) All IOR II''1 b KCHH)IJI FO AMOK IIIRCD AUTOS BODILY INJURY NON OWNLI) A11109 IVrtr 41 . d'i ) W("R I V I )AM A(:} 1pM Aai(krn) (iAWA(46- I IAHII I I Y AMO ONI r LA A("(.II)I-NI OIHFH IHAN FA ACC ANYAM0 AI110ONI V: ACC b FXCFN:pJMHWFI1 A IIAHII ll y EACH OC(AJWWNCF ? OCC(A( n CI AIM'.wMW)i- AMiHF(iA I} b UFU11C IIHI >- ![F I FN I ION !(IAl(1 OIH 131 W1IWKFHF: COMI1-N9A11<IN ANI) W1'100 -WW I IAR1111 Y "•, �, '. F -J . FACH ACCIOFN I ANY 4'H47Y'FlF 7I)h'h'A.WINFh /h'(F(7JIIUF F.1 . I11IiF A}S } A FTIYI (1rFF OkH"XIMKMI'I}'K tX(:I IJR)F1)) ll y 4z ANJrMr.1111Nr1 l4W:JAJ PROVISIONS "Clw C.L. OISCASC • POLICY LIMIT u OTI ICR ocsc-nIVTION Of OPERATIONS / LOCATION$ / VCIUCLCS / EXCLUSIONS ADDED BY CNDORSCMCNT / SPCCIAL PnOVIS10Ns CartsficaLe Holder ie liotad no Additional Ianuxed am xaepacto flag caremoay on 9/11 clacing TE HOLDER City of Cape Canaveral City of Cape Canaveral CANCELLATION WOULD ANY or TIIL AOOvC DCSCNDCD POLICIES DC CANCCLLCD OCrORC TIIC EXPIRATION OAIF IHFRF<IF, IHF I(+W(IIN(4 IN9l IRFW WIII FNI)FAVW( 111 MA11 1A DAYS WWII IFN Nu IWO- 11)INF CW I0 -WAIF H(1ll)}H NAMH) 10 INF IFF I, Hill FA/111WF Irl DO KO tiHMI IMPOSE NO OOUGATION On UAD:LITY Of ANY KIND UPON TI IC INSURCn, ITS AGCNTS On WFI'WF}:FNIAIIV FFi. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: August 18, 2009 Item No. 6 - Subject: Subject: Consent: Resolution No. 2009-26, Encouraging the Brevard County Commission to Fully Fund the First Responder Program Department: Legislative Summary: The county is being asked to fund the $1.4 million First Responder Program. See attached resolution. Requested Council Action: City Council adopt Resolution No. 2009-26. Financial Impact: Loss of $35,000 to fund the City's ALS Program. Attachments: j6 Supporting Documents Reviewed Resolution No. 2009-26 Submitting Department Head: Date: Approved by City Manager: Date:, City Council Action: Approved as Recommended Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntUkim\mydocuments\adminlcounciflmeebng\2009108-18-0912009-26.doc RESOLUTION NO. 2009-26 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, DECLARING THE BREVARD COUNTY FIRST RESPONDER PROGRAM AN ESSENTIAL AND CRITICAL SERVICE; ENCOURAGING THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS TO FULLY FUND THE FIRST RESPONDER PROGRAM BETWEEN BREVARD COUNTY AND ITS MUNICIPALITIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, Brevard County has established an emergency medical response system for its citizens that is based upon a two-tiered response system, which incorporates municipal fire rescue departments (and in some cases municipal police departments) providing first response Advanced Life Support (ALS) or Enhanced First Responder emergency medical services; and WHEREAS, the municipalities of Brevard County have invested significant resources, including financial resources, in upgrading their first response capabilities from Basic Life Support (BLS) service to Advanced Life Support (ALS) service and maintaining this level of service; and WHEREAS, Brevard County has become reliant upon municipal ALS service for the timely response to medical emergencies; and WHEREAS, according to the Brevard County Fire Rescue (BCFR) Department, municipal ALS units are usually on scene providing definitive patient care prior to the arrival of a BCFR transport unit; and WHEREAS, in emergency medical service response time is critical and minutes — if not seconds — delayed can cost lives; and WHEREAS, most personnel assigned to BCFR transport units are dual role trained and certified in both fire and EMS. The county collects ad valorem taxes from every parcel in Brevard County, and it is recognized that municipalities financially support a portion of BCFR fire operations; and Page 1 of 3 WHEREAS, in accordance with countywide EMS protocols, municipal EMS personnel provide support in the back of the ambulance for critical patients in order to provide the best chance for patient survival; and WHEREAS, the funds received by the municipalities through the first responder program are essential to the continued delivery of First Responder Services; and WHEREAS, should Brevard County cease funding, either in its entirety or a significant portion of the First Responder Program, municipalities may no longer be able to purchase necessary equipment and supplies to sustain an ALS service program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL, FLORIDA: SECTION 1. That the Brevard County First Responder Program is an essential and critical service provided to the citizens of Brevard County. SECTION 2. That the Brevard County Board of County Commissioners is encouraged to fully fund the First Responder Program in the FY 2010 budget and in future budgets and distribute funds to municipalities to continue their first responder services. SECTION 3. That the City Manager is hereby authorized to transmit a copy of this resolution to the Board of County Commissioners. SECTION 4. That this resolution shall become effective immediately upon its adoption in accordance with the Charter of the City of Cape Canaveral. SECTION 5. That this resolution was duly adopted at a regular meeting of the City Council on the 18th day of August, 2009. (Signature Page to Follow) Page 2 of 3 ATTEST: Mia Goforth, Acting Deputy City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name For Against Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Page 3 of 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: August 18, 2009 Item No. & ........... .....J............................._........._._._..._.._.._.._.�..._.................... ub'ect: Ordinance No. 08-2009, Revision to Ch. 82 Buildings and Building Regulations, as it relates to building permit fees Department: Building Summary: The building official recommends approval of this ordinance which will: 1. Impose a $100 fine on every permit which is not properly closed out 2. Require that no further permits be issued to any contractor or permit applicant with an outstanding fine or to any contractor with an expired permit due to failure to obtain a final inspection Additionally, this ordinance specifies that: Permit amendments will not be approved until paid • A permit refund may be issued within 30 days, except for review fees, which are not refundable Requested Council Action: Approval ..... _... _................................. Financial Impact: No intended impact. The intent is to encourage permittees to properly close out all building permits. Failure to close a permit will result in a $100 fine. Attachments: % Supporting Documents Reviewed Staff memo, ordinance revision to Ch. 92 Buildings and Building Regulations, as relates to building permit fees, flow chart, West Melbourne's ordinance specifying that no further permits may be issued to any contractor or permit applicant with an outstanding fine or to any contractor with an expired permit due to failure to obtain a final inspection. Submitting Department Head: Date: 08-13-09 Todd Morley Approved by City Manager: Date: City Council Action: [ ] Approved ecom mended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-nt\ki m\m ydocu m e nts\ad m i nlco u n ci ilmeet ing120 09108-18-09108- 2 009. do c ORDINANCE NO. 08-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO BUILDING PERMIT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO TAE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 553.80, Florida Statutes, enables the City to provide a schedule of fees for carrying out the City's responsibility to enforce the Florida Building Code, which shall be based on direct costs and reasonable indirect costs associated with review of building plans building inspections, re�inspections, and building permit processing; building code enforcement; and fire inspections associated with new construction; and WHEREAS, the City desires to amend section 82-15 of the City Code to clarify the requirements pertaining to payment of building permit fees; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 82, Article I, entitled General Administrative, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikmut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 82. It is intended that the text in sections of Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS City of Cape Canaveral Ordinance 08-2009 Page 1 of 3 ARTICLE I. GENERAL ADMINISTRATIVE Sec, 82-15. Schedule of permit fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with appendix B of the City of Cape Canaveral Code, f al Payment. No permit required under this chanter shall be issued unless and until all permit fees and permit fines established by resolution of the citcouncil are paid in full. (b) Amendment ofnernut. An amendment to a permit shall not be approved or issued unless and until any additional fees are paid in full. (c) Refund. No refund of any permit fees shall be issued after the expiration of 30 calendar days from the date of issuance as stated on such permit. Administrative and plan review fees shall not be subiect to refund under any circumstances. (d) Final inspection. Failure to obtain a final approved inspection for a permit prior to its expiration shall result in a$100.00 fine beiniz levied against the vermit aorlicant. No further permits may be issued to any permit applicant with an outstanding fine, or to any permit applicant with an expired permit due to failure to obtain a ftnal inspection, until all such outstanding fines are paid in full. However, the building official may waive such fine and/or restriction for good cause shown. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. 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 City of Cape Canaveral Ordinance 08-2009 Page 2 of 3 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 on October 1, 2009. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this _ day of August, 2009. ATTEST: ROCKY RANDELS, Mayor For MIA GOFORTH, Acting Deputy City Clerk Fust Reading: Legal Ad published: Second Reading: August 4, 2009 Agvf7 7, 2ao9 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance 08-2009 Page 3 of 3 Against Page 1 of 1 Clerks Office From: Todd Morley (morley-cape@cfl.rr.com] Sent: Wednesday, August 05, 2009 5:21 PM To: 'Clerks Office; 'Kate Latorre' Cc: 'Bennett Boucher Subject: RE: Ordinance No. 08-2009 Kate., .east to verihy three two amendrnents were as followrrs- 1. At the end of 82-1 (d) arrlrl: "However, the building offIciatl tnaty waive such fine and,/or restriction t'or good cause shown," 2, Section 6. ["A'ective (latae, 11ease change to October h, 2109. Tfiis will coincide with the permit tree resolution Thanks, -Todd .feral' Morley Building Official City ot"Cape Canaveral, 105 Polk Ave (;late. Canaveral, FL 32920 Phone 321 l:r-err�il. ra�iayrla��-�dtfa�tt�;aad"9„r��.�amupr Fax 321-868-l247 From: Clerks Office [mailto:derksofflee@cfl.rr,eomJ Sent: Wednesday, August 05, 2009 4:57 PM To: 'Kate Latorre' Cc: 'Bennett Boucher; Todd Morley' Subject: Ordinance No. 08-2009 Importance: High Hi Kate! Would you be so kind as to send me the legal ad/language that we need to send to Florida Today to publish Notice of Hearing for Ord. No. 08-2009 re Building Permit Fees? I need this tomorrow, if possible, because we have to publish 10 days before the next CC Mtg on the 18th. Thanks so much and let me know if I can do anything. Thank you so much!!! Mia p.s. there were a couple of amendments to this last night, but you're probably already aware of that 8/10/2009 View Legal A& 146433 Print Window Gose Windoww! AD# 146433,0810)12009 LEGAL NOTICE A Public Hearing of the City of Cape Canaveral City Council will be held on Tuesday, August 18, 2009 at 7:00 p.m., City Hall Annex at 111 Polk Avenue, Cape Canaveral, Florida. The City Council will Lake public comment and consider adoption of Ordinance 08-2009, amending Chapter 82, Buildings and Building Regulations, of the Cape Canaveral Code of Ordinances. ORDINANCE 08-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO BUILDING PERMIT FEES: PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. Copies of this ordinance are available for public inspection at City Hall. All persons wishing to be heard should appear In person at these hearings or send written comments to the City Clerk. All persons and panies are hereby advised that if they should decide to appeal any decision made by the City with respect 10 any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or parry may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based (Chapter 286, Florida Statutes). In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special a000mmodation for this meeting should contact the City Clerk at (321) 868-1221 at least 48 hours In advance of this meeting. AD#: 146433 Publication: Florida Today First Published: 08-07-2009 Page 1 of I http://Iegals.flatoday.net/db/display.htm?CMD=DISPLAY&Id=46271 8/10/2009 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 8!4!2009 Item No. 9 .................... Subject: Ordinance revision to Ch. 82 Buildings and Building Regulations, as relates to building permit fees. Department: Building_ Summary: The building official recommends approval of this ordinance which will.- 1. ill:1. Impose a $100 fine on every permit which is not properly closed -out, and 2. Require that no further permits be issued to any contractor or permit applicant with an outstanding fine or to any contractor with an expired permit due to failure to obtain a final inspection. Additionally, this ordinance specifies that: • permit amendments will not be approved until paid, and • a permit refund may be issued within 30 days, except for review fees, which are not refundable. Requested Council Action: Approval. Financial Impact: No intended impact. The intent is to encourage permittees to properly close-out all building permits. Failure to close a permit will result in a $100 fine. Attachments: uj Supporting Documents Reviewed Staff memo, ordinance revision to Ch, 82 Buildings and Building Regulations, as relates to building permit fees, flowchart, West Melboume's ordinance specifying that no further permits may be issued to any contractor or permit applicant with an outstanding fine or to any contractor with an expired permit due to failure to obtain a final inspection. Submitting DepartM . 'dead: Date: Todd Morley June 29, 2009 Approve Y City !!Manager: Date: City Council Action: [ ] ApprbV6d rs Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Memo Date: June 29, 2009 To: Bennett Boucher, City Manager, From: Todd Morley, Building Officia RE: Reconnntendatbion of Ordinance revision to Ch. 82 Buildings and Building Regulations, as relates to building penmit tees. The City of West Melbourne approved an ordinance imposing a $100 fee for failure to obtain an approved final inspection. It states that no further permits may be issued to any contractor or permit applicant with an outstanding fine or to any contractor with an expired permit due to failure to obtain a final inspection. This would be helpful for the City of Cape Canaveral for the following reasons: a Will help prevent expired permits. Some contractors do not regularly close-out their permits. This ordinance would prevent a contractor from being issued a new permit until they have paid the $100 fee for an old un -closed permit. The fee can't be paid until the old permit is closed. The permit will not be closed until it achieves an approved final inspection. o Will help protect property owners from Code Enforcement. Although we make diligent efforts to keep up with expired (and expiring) permits, some contractors do not make the effort to close their permits. This often results in no inspection being made until the code enforcement process compels compliance. The process requires the owner of the property to bring about compliance. This puts the incentive for compliance in the contractor's hands. o Will reduce the volume of Code Enforcement cases. The most common code enforcement violation is work without a permit. (Expired permits equate to work without a permit). o Will help avoid State disciplinary proceedings. We have reported this activity to the State Licensing Board for disciplinary measures, but this can take months or years. The enactment of this ordin-ance will achieve quick results as contractors will want to continue to obtain permits in the City of Cape Canaveral. ORDINANCE 08 -2 oa AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 82 OF THE CITY CODE, BUILDINGS AND BUILDING REGULATIONS, RELATING TO BUILDING PERMIT FEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. V*IEREAS, the City is granted the authority, under § 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 553.80, Florida Statutes, enables the City to provide a schedule of fees for carrying out the City's responsibility to enforce the Florida Building Code, which shall be based on direct costs and reasonable indirect costs associated with review of building plans building inspections, re -inspections, and building permit processing; building code enforcement; and fire inspections associated with new construction; and WHEREAS, the City desires to amend section 82-15 of the City Code to clarify the requirements pertaining to payment of building permit fees; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. action 2. Code Amendment. That Chapter 82, Article 1, entitled General Administrative, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and stri ottt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 82. It is intended that the text in sections of Chapter 82 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 82. BUILDINGS AND BUILDING REGULATIONS City of Cape Canaveral Ordinance -2009 Page l of 3 ARTICLE L GENERAL ADMINISTRATTVE Sec. 82-15. Schedule of permit fees. On all buildings, structures, electrical, plumbing, mechanical and gas systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing application, in accordance with appendix B of the City of Cape Canaveral Code. (a) Pgymnt. No hermit required under this chanter shall be issued unless and until ail permit fees and permit fines established by resolution of the city council are paid in full. (b) Amendmento(nermit. An amendment to apermit shalt not be approved or issued unless and until M additional fees are paid in full. (c) Refund. No refund of any permit fes shall be issued after the expiration of 30 calendar days from the date of issuance as stated on such permit. Administrative andplan review fees shall not be subiect to refund under any circumstances. d) Final inspection. Failure to obtain a final aooroved inspection for a permit prior to i exoiration shall result in a $100.00 fine being levied against the permit applicant No fiuther permits may be issued to ani+ permit applicant with an outstanding fine, or to any permit applicant with an expired permitNiue-to failure to obtain a final inspection, until all such outstanding fines are paid in full. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Gramtnatical, typographical, and Iike 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 City of Cape Canaveral Ordinance -2009 Page 2 of 3 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. Sec on 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2009. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Buzz Petsos SUSAN STILLS, City Cleric Rocky Randels C. Shannon Roberts Beay Walsh First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance -2009 Page 3 of 3 No Customer completes permit application Are there any outstanding permit fees or fines? Is the construction valuation $500.001 or higher? No i Permit is processed. Appiicant is notified that permit fee must be paid prior to Issuance Permit fee paid? Y Approved final inspection achieved? Yes Process complete Permit fee flowchart Yes jApplicant Is notffled of requirement to pay outstanding fees/fines Fees)fines Yes paid? Applicant Is notified of requirement to pay plan Yom' review deposit Is deposit paid? NO _ Permit will not be !4 processed No $100 fine applied to permit. Expired permit is forwarded to code No enforcement. No Permit will not be processed Permit will not be processed ORDINANCE NO. 2008-35 ujeft, rteie 1 AN ORDINANCE OF THE CITY OF WEST MELBOURNE, BREVARD COUNTY, FLORIDA, AMENDING ARTICLE 1, IN GENERAL, REGARDING BUILDfNG PERMIT FEES; PROVIDING FOR THE EXPIRATION OF PERMITS, PROVIDING FOR PENALTIES; ARTICLE H, TECHNICAL CODES, REGARDING PLUMBING CODE REQUIREMENTS; PROVIDING FOR THE DRAINING OF WATER FROM ROOF DRAINS AND CONDENSATE DRAINS; AND ARTICLE V, NUMBERING OF BUILDING AND PROPERTY, REGARDING HEIGHT OF NUMBERING, OF CHAPTER 18, BUILDING AND BUILDING REGULATIONS, PROVIDING FOR SEVERABILITY AND INTERPRETATION; PROVIDING FOR THE REPEAL OF ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR INCORPORATION INTO THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Permitting and Regulations Committee has recommended that the City revise certain building regulations currently in effect; and WHEREAS, the City Council concurs that the City should make these revisions. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Melbourne, Brevard County, Florida, that: Section 1. Section 18-2, of Article I, In General, of Chapter 18, Buildings and Building Regulations, of the Code of Ordinances of the City of West Melbourne, Florida, shall be revised as follows: "Chapter 18 BUILDINGS AND BUILDING REGULATIONS" Article L In General Sec. 18-2. Permit fees. (a) Payment. No permit required by the city under this chapter shall be issued unless and until: (1) The permit fees established by the city for such permit have been paid. (2) A receipt showing that all fees prescribed by county fire prevention bureau have been paid and a letter of approval are presented to the code administration department. (3) A receipt showing that any applicable impact fee established by the city has been paid. (4) Evidence has been presented to the city on a form promulgated by the county that all applicable impact fees established by the county have been paid or, alternatively, evidence is presented to the city that the county has found that the construction or development for which the building permit is sought is exempt from county impact fees. (b) Amendment of permit. An amendment to a permit shall not be approved or issued unless and until any additional fees or evidence with respect to additional fees, if any, required by subsections (a)(1) through (4) of this section, as the result of the additional work described in the permit amendment, have been paid or provided to the City. (c) Accounts The finance director shall keep a permanent and accurate account of all fees and other monies collected. (d) Refund No refund of any fees paid to the city shall be allowed after the expiration of 30 calendar days from the date of issuance as stated on such permit. Administrative and plan review fees shall not be subject to refund under any condition. (e) Schedules. Fees for permits shall be in accordance with those adopted by resolution and on file in the city clerk's office and as may be required by other city ordinance or resolution. Such fees shall be assessed by the building official and collected by the finance director. (f) Expiration. If no work is performed under the permit for a continuous period of six (6) months, then the permit shall be deemed to have expired. Further construction activity under the permit is prohibited. (g) Final lWection. Failure to obtain a final approved inspection for a permit before it expires will result in a $100.00 fine being levied against the permit applicant. No further permits may be issued to any contractor or permit applicant with an outstanding fine or to any contractor with an expired permit due to faiture to obtain a final inspection. City of Cape Canaveral City Council Agenda Form Council Council Meeting Date: 08/18/09 -7— * 7 . ................................ ................ .... --- ................................. Subject: 2008109 Audit Arrangement Letter Department: Finance Summary: The attached arrangement letter from McGladrey & Pullen, CPAs outlines the agreement for the coming audit. ....— ......... .. ...._.. Requested Couuncil Action:. Approve the agreement ................. .......................... ..� Financial Impact: Audit to cost $45,000 rAt-tachments: X Supporting Documents Reviewed Submitting Department Head: Date: 08/11/09 Andrea Bowers, City Treasurer Approved by City Manager: Dater City Council Action: [ ] Approved eecommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain McGladrey & Pullen Certified Public Accountants Attention. Bennett Boucher, City Manager This letter is to explain our understanding of the arrangements for the services we are to perform for the Oty of Cape Canaveral, Florida (the °`City") for the year ending September 30, 2009 with the option to renew for the subsequent fiscal years. We ask that you either confirm or amend this understanding. We wilt perform an audit of the City's governmental activities, business -type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison of the general fund and each major governmental fund as of and for the year ending September 30, 2009 which collectively comprise the basic financial statements. We understand that these financial statements will be prepared in aocordance with accounting principles generally accepted in the United States of America. The objective of an audit of financial statements is to express an opinion on those statements. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain Limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements: t. Combining and individual non -major fund financial statements and schedules. The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Introductory section. 2. Statistical section. We will conduct the audit in accordance with auliiting standards generally accepted in the United States of America and 'Government Auditing Standards' issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable rather than absolute, assurance about whether the financial statements are free of material misstatement whether caused by error, fraudulent financial reporting, or misappropriation of assets. Accordingly, a material misstatement, whether caused by error, fraudulent financial reporting, or misappropriation of assets, may remain undetected. The determination of abuse is subjective: therefore, Government Auditing Standards do not expect us to provide reasonable assurance of detecting abuse. An audit of financial statements also includes obtaining an understanding of internal control sufficient to plan the audit and to determine the nature, timing, and extent of audit procedures to be performed. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, we will communicate to you and to management any significant deficiencies or material weaknesses that become known to us during the course of the audit. Mt adrey S Pullen LLP is a member firm of RSM International — an affiliaf lon of separate and independent legal entities. McGbdrer i Pal leo. LLP June 16, 2009 Ml Olfrce Park Pl. lielbourne. FL 3MO-8M Cape Canaveral City Council 0 32LMAZO0 F WSL1385 rwwrncgladreytom City Hall 105 Polk Avenue Cape Canaveral, FL 32920 Attention. Bennett Boucher, City Manager This letter is to explain our understanding of the arrangements for the services we are to perform for the Oty of Cape Canaveral, Florida (the °`City") for the year ending September 30, 2009 with the option to renew for the subsequent fiscal years. We ask that you either confirm or amend this understanding. We wilt perform an audit of the City's governmental activities, business -type activities, each major fund, the aggregate remaining fund information, and the budgetary comparison of the general fund and each major governmental fund as of and for the year ending September 30, 2009 which collectively comprise the basic financial statements. We understand that these financial statements will be prepared in aocordance with accounting principles generally accepted in the United States of America. The objective of an audit of financial statements is to express an opinion on those statements. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain Limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Also, the document we submit to you will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements: t. Combining and individual non -major fund financial statements and schedules. The document will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion: 1. Introductory section. 2. Statistical section. We will conduct the audit in accordance with auliiting standards generally accepted in the United States of America and 'Government Auditing Standards' issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable rather than absolute, assurance about whether the financial statements are free of material misstatement whether caused by error, fraudulent financial reporting, or misappropriation of assets. Accordingly, a material misstatement, whether caused by error, fraudulent financial reporting, or misappropriation of assets, may remain undetected. The determination of abuse is subjective: therefore, Government Auditing Standards do not expect us to provide reasonable assurance of detecting abuse. An audit of financial statements also includes obtaining an understanding of internal control sufficient to plan the audit and to determine the nature, timing, and extent of audit procedures to be performed. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, we will communicate to you and to management any significant deficiencies or material weaknesses that become known to us during the course of the audit. Mt adrey S Pullen LLP is a member firm of RSM International — an affiliaf lon of separate and independent legal entities. City of Cape Canaveral, Florida June 16, 2009 Page 2 We will also communicate to the governing board: a, any fraud Involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements; b. any fraud, jiNegaJ acts, violations of provisions of contracts or grant agreements and abuse that corse to our attention, (unless they are clearly inconsequential); c. any disagreements with management and other serious difficulties encountered in performing the audit; and d. various matters related to the entity's accounting policies and financial statements - In addition to our reports on the CKYs financial statements, we will also issue the following reports or types of reports: a. Reports on internal control related to the financial statements. These reports will describe the scope of testing of internal control and the results of our tests of Internal controls. b. Reports on compliance with laws, regulations, and the provision of contras or grant agreements. We will report on any noncompliance which could have a material effect on the financial statements. c. A letter to manegament of any non -reportable conditions and immaterial instances of non-compliance found during the audit. This letter will include our recommendations to remediate weaknesses rioted during our study ° and evaluation of the Car's system of Internal control to the extent considered necessary to evaluate the system as required by generally accepted auditing standards and Section t 1.45(2)(a)(4), Rorida Statutes and defined in Rule 10.554(t)(F), Rules of the Auditor General. The funds that you have told us are maintained by the City and that are to be included as part of our audit are fisted in Attachment A. The federal and state financial assistance programs that you have told us that the City participates In and that are to be included as part of the audit are listed in Attachment B. Our report(s)on internal control will include any significant deficiencies and material weaknesses in the system of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards identified above. Our report on compliance will address material errors, fraud; violations of compliance requirements, and other responsibilities imposed by state and federal statutes and regulations and assumed 'by contracts; and any state or federal grant, entitlement of loan program questioned costs of which we become aware, consistent with requirements of the standards, identified above. City of Cape Canaveral's Responsibifft<les Management is responsible for the financial statements, including adjusting the financial statements to correct materiel misstatements, and for making ale financial records and related information available to us. Management is responsible for providing us with a wriden management representation letter confirming certain representations made during tate course of our audit of the financial statements and affirming to us that it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both irt�ividually and in the aggregate, to the financial statements taken as a whole and to the opinion units of thefinancial statements. Management is responsible for establishing and maintaining effective intemaJ control over financial reporting and for informing us of all significant deficiencies and material weaknesses in the design or operation of such controls of which it has knowledge. City of Cape Canaveral, Florida June 16, 2009 Page 3 Management is responsible for identifying- and ensuring that the entity complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or % spected fraud affecting the entity involving management employees who have significant roles in internal control and others where the fraud could have a material effect on the financial statements. Management is also responsible for informing us of its knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from empkiyees, former employees, analysts, regulators, or others. The City Council is responsible for informing us of its views about the risks of fraud within the entity, and its knowledge of any fraud or suspected fraud affecting the entity. The City of Cape Canaveral agrees that our report on the financial statements will not to be included in an official, statement or other document Involved with the sale of debt instruments without our prior consent. Additionally, if The City of Cape Canaveral intends to publish or otherwise reproduce the financial statements and/or make reference to us or our adudit, you agree to provide us with printer's proofs or a master for our review and consent before reproduction and/or release occurs. You also agree to provide us with a copy of the final reproduced material for our consent before it is distributed or released. Our fees for any additional services that may be required under our quality assurance system as a result of the above will be established with you at the Ome su& seivM are determined to be necessary, In the event our auditor/client relationship has been terminated when the City seeks such consent, we will be under no obligation to grant such consent or approval. Our professional standards require that we perform certain additional procedures, on current and previous years engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client. Accordingly, the City agrees it will compensate M&P for any add�tiional costs incurred as a result of the employment of a partner or professional employee of M&P. During the course of our engagement, we may accumulate records containing data which should be reflected in your books and reds. You will determine that all such data, 0 necessary, will be so reflected. Accordingly, you will not expect us to maintain copies of such records in our possession. The assistance to be supplied by organization personnel, including the preparation of schedules and analyses of accounts is described below. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Offer Terms of our Engagenwint The City hereby indemnifles McGladrey & Pullen, LLP ("M&P') and its partners, principals, and employees and holds them harnnless from all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City's management, regardless of whether such person was acting in the City's interest. This indemnification will survive termination of this letter. Our fees are based on, the time required by the individuals assigned to the engagement, plus dine expenses. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submriission. Our fee for the services described in this letter will not exceed $45,000 plus direct expenses for fiscal year ending September 30, 2009, unless the scope of the engagement is changed, the assistance which the City has agreedto humish, is not provided, or unexpected conditions are encountered, in which case we will discuss the situation with you before proceeding. Ail- other provisions of this letter will survive any fee adjustment. The schedule of fees for the cpbonat renews! years will be based on the estimated hours included in the fee quote above as adjusted for any significant changes in level of funding or services and an agreed-upon cost -of -living multiplier. The working papers for this engagement are the property of M&P. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit working papers upon their request; and that we City of Cape Canaveral, Florida June 16, 2009 Page 4 shall maintain the working papers for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested workpapers will be provided under the supervision of M&P audit personnel and at a location designated by our Firm, In the event we are requested or authorized by the City or are required by government regulation, subpoena, or other legal process to produce our domments of our personnel as witnesses with respect to our engagements for the City, the City will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. From time to time and depending upon the circumstances, we may use third -party service providers to assist us in providing ,professional services to you. In such circumstances, It may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third -party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. ff clrcurrrstances arise relating to the conditions of your records, the availability of sufficient, competent evidential matter, or indications of a significant flak of material misstatement of the financial statements because of error, fraudulent financial reporting, misappropriation of assets, or nonoompiiance which in our professional judgment prevent us from completing the audit or forming an opinion, we retain the unilateral tight to take any course of action permitted by professional standards, including declining to egress an opinion or issue a report, or withdrawal from the engagernerit. Any calm arising out of services rendered pursuant to this agreement shalt be resolved in accordance with the laws of the State of Florida. It is agreed by the City and M&P or any successors in interest that no claim arising out of services rendered pursuant to this agreement by or on behalf of the City shall be asserted more than two years after the date of the Vast audit report issued by M&P. You have informed us that you intend to prepare a comprehensive annual financial report (CAFR) and submit it for evaluation by the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting Program. Our participation in the preparation of the CAR is to consist of assisting the City in the drafting of the financial statements and reproduction and binding of the final report document. The two, overarching principles of the independence standards of the 'Government Auditing Standards' issued by the Comptroller General of the United States provide that management is responsible for the substantive outcomes of the works, and therefore, has a responsibility and is able to make any informed judgment on the results of the services described above. Accordingly, the City agrees to the following: Andrea Bowers, City Treasurer, will be accountable and responsible for overseeing the preparation of ft draft of your financial statements and related notes. The City will establish and monitor the performance of the preparation of the financial statements and related notes to ensure that they meet managements objectives. The City will make any decisions that involve management functions related to the preparation of the financial statements and related notes and accepts full responsibility for such decisions. The City will evaluate the adequacy of services performed and any findings that result. City of Cape Canaveral, Florida June 16, 2009 Page 5 This letter constitutes the complete and exclusive statement of agreement between M&P and the City, superseding all proposals oral or written and all other communication, with respect to the terms of the engagement between the parties. In accordance with Govemment AuMng Standards, a copy of our most recent peer review report and applicable letter of comment has been provided to you, for your information. If this letter defines the arrangements as you understand them, please sign and date the enclosed copy, and return it to us. We appreciate your business. McGladrey & Pullen, LLP Confirmed on behalf of the addressee: cc: City Council Attachment A General Fund Special Revenue Funds I . Police Education Fund 2. Fire Protection Fund 3. Library Fund 4. Beautification Fund Debt Service Funds 1. General Debt Service Fund Capital Project Funds 1. Capital Expansion Fund Enterprise Funds 1. Sewer Fund 2. Stormwater Fund Fiduciary Funds I. Special Law Enforcement Trust Fund 2. Pension Trust Fund Attachment B° Federal IftmNency Managernent Agency • Disaster Relief Furd8 Florida Depadment of Environnw tal Protwdon City Park Grant 309(h) Pollubon Program / Baffle Boxes Attachment C Statements and Schedules to be Prepared by tate Staff: • Physicallnverdory • Bank Confirmations • Investment Confirmations • Revenue Confirmations • Debt Compliance • Accrued Payroll Summary • Accounts Receivable Accruals • Bank Reconciliation Summaries a Investment Reconciliation Summary • Accounts Payable Accruals • Fixed Asset Schedules 941 Payroll ReconciRations • Compensated Absence -Schedules • Fixed Asses Schedules • Contracts & Grants Schedules • Various Compliance documentation Council Council Meeting Date: 08/18/2009 Subject: 3rd Quarter Budget Transfer Department: Finance ..m.,.......... Summary: . Adjustments to the FY 2008/09 Budget. Details attached. Requested Council Action: Approve adjustments. Financial Impact: Budget increase in Capital Expansion Fund. No overall changes in remaining funds. Attachments: X Supporting '-..... Documents Reviewed � ....... Submitting Department Head: Date: 7123109 Andrea Bowers, City Treasurer Approved by City Manager: Date: _ City Council ActiorH. [ ) Approve as Recommended _ [ ] Disapproved [ J Approved with Modifications [ ] Tabled to Time Certain 6 ac L CD T roN U Z N a) c � O Y U cotoU o� L 'w +� O > U 7 �6 W L al 3 C W > a) ro C f6 GO N v W L Y 7E O u a) L O Y a - v L •3 t F- E ro a) m m c ro L U C ro '- U U N C OD ro N 7 �p v CLO fO � U C � a1 N LnO Y � c L Q E U W U ro CO a)L C V' U ' a O ro Y n Y O � O L t O T � � v a) aci a) o F E C O v F- W 14 E O a L N H L Y Y � w c O Y _U C C C Y a) C U u ()a) mo L O "O j C C cr Ln ro LA > O C C a, a) C. 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O O O OJ N O O O m N N a 0 1 O 0 Q u C W a)Ac 17 V ry R " y M (1) Q U ca a 7 u LLI ci L. c 0 U E a O v O c N OC, 00 O o O M m CIO ✓1 0 0 0 G o c O N ,04 * T vi U O 000rn 2 0 0 0 CN ill P- QNN O N M Ol Ln to N N ..'...... O O O © 0 O O O O v O c N ;V y� O r` ^ m ✓1 0 0 0 G o c M C r; r u7 r c v E a C! E 0 LL 4! 'ti O .2 C 9 t a ABY VC � O Cl rt r O � O �O M M O r-' O O O 99 N N Lo U3 o c M c r` c, ✓i I IMI m v y� O V u y c G a0D c O N C WJ vi U O 4r O O O M Ol ti r+ N N C u7 u1 y © 0 N N � Q 7 N N 1 O 0 Z m City of Cape Canaveral City Council Agenda Form City Council Meeting Date: August 18, 2009 Item No. Subject: Discussion: Ordinance 05-2009, Adopting a New Sign Code Department: Legislative Summary: City Council approved the proposed ordinance at first reading on 6/16/09. The second public hearing was held on 7/7/09; the proposed ordinance was not adopted. Requested Council Action: Mayor Pro Tem Bob Hoog is requesting that City Council consider the adoption of the proposed ordinance without the electronic sign sections. Financial Impact: N/A Attachments: 9 Supporting Documents Reviewed Proposed Ordinance No. 05-2009, Staff Report, LPA Minutes, Application and Flow Chart Submitting Department Head: Date: Approved by City Manager: Date:` City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape- ntlki m1m ydo cu m e ntslad m i nlco u n ci i\rneet ing120 09108-18-09105-2 009. do c City of Cape Canaveral City Council Agenda Form City Council Meeting Date: July 7, 2009 Item No. 3 Subject: Sign Code Department: Building Summary: This is the 2"d reading of the sign code. The Council approved the draft at 1`4 reading on 6116/09 with modifications. The modifications resulted in this new draft dated 6/18109. Requested Council Action: Approval at 2 d reading. Financial lanpact No direct impact to the City of Cape Canaveral. Local businesses have suggested changes to the sign code. Many Suggestions have been incorporated. Local businesses are expected to benefit, Invigorating local businesses through these revisions is likely to indirectly benefit the City. Attachments: ruing Documents Reviewed Staff memo, LPA recommendation, LPA draft minutes, flowchart, permit application and current draft of ordinance. Submitting Department Mead: Todd Moriey Cate: June 30, 2009 Approved by City Manager. Date: /21.105 City Council Action: [ J Approv s Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain i Staff Report Memo Date: ,dune 30, 2000 To: Bennett Boucher, (City Manager From: Todd 'Morley, BuNding Oficial'_...:. `. REE: Sign code The attached sign code dram, dated 6/18/09, incorporates the comments from the approval at 0 reading at City Council on 6/16/09, several workshops and the 4/8/09 LPA meeting. The LPA recommended approval. Throughout the development of this code, considerable discussion was held regarding the following items: • Non -content based. The message presented on a sign is not considered when enforcing the provisions of this code. • Lowering of ground signs. The maximum allowable height of ground signs has been reduced from 30 ft. to 20 ft. Existing ground signs in excess of 20 ft. high will become non -conforming, • Temporary signs. These will be regulated by location, quantity and size. Small temporary signs do not require a permit. • Electronic message signs. Non-portable LED -type signs will be allowed, with a maximum area of 24 sq. ft. (recently reduced from 32 sq, ft.) The minimum display period will be 7 seconds. Electronic signs are restricted to monument signs, except that a pole sign may incorporate an electronic sign if it is shown that a monument sign cannot be located on premises. In this case, the entire sign must be brought into compliance, including max. height (no higher than 20 ft.) and area. Additionally, the electronic sign must be incorporated into the perimeter of the overall sign. Customer requests slgm perrdt Siu permit flowchart Is CAS> comp[ctes CAB aparoval required % YS appflcatan No Customer completes Customer oompkteS permit applrcadon and permit appllratlon and submit plans and submits plans and spedAcstiom specifications Eyaminar. ns Dods review Customer subm--Fq revisbns Plans C eminer performs code FOASW Is the proposed Is the proposed sign en -otf- Yes hlo permit wilt be g Yet N6 it will be sl non 'oft- P�^� premise sign' as Issued Process premise sign' as Issued. Process defined it. ppMPI definedcomplete otdlnarrce? orrfrnarrce? No Na ins aminer Not looldrlg at Na loot Irig at wards vre ipoint or plans Oxammor forvrards viewpoint or (ice of cont&nt are the notice of defxierrcres to content are the fes niters mehniml eodr applicant teonic,7I codas appEGc-ant No met? NO met? Yes n PWns examiner Marrs examiner stamps and prepares memo dates approwl of permit for CAB documents FrOnt counter staff CAB rrrCetlJ'Ii7,... board secretary notifies plans prepares sign permit examiner of approval Request Ctrstorr er pelicarnstwoii calls for inspe i$on approved Yes by CAB? Did No n inspection P—? No permit will be issued Process complete YM Process complete qq- '7 9 (c) The size of the electronic sign shall be limited to a maximum size equal to twenty-four (24) square feet per property. The electronic sign shall be fully incorporated within the outer perimeter of the sign. Further, the size of the electronic sign shall be included in the calculation for the total signage allowed for the property and the overall size limitation for a particular sign. Draft: 6/18/2009 ORDINANCE NO. 05-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; PROVIDING FOR THE PURPOSE AND SCOPE OF THE CHAPTER, DEFINITIONS, THE REGULATION OF TEMPORARY SIGNS, SIGN APPLICATION, PERMIT, INSPECTION PROCEDURES, ZONING DISTRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT REQUIREMENTS; PROVIDING FOR ENFORCEMENT REGULATIONS; PROVIDING A STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article ViIl, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, through the enactment of this Ordinance; the City Council desires to preserve and improve the duality of urban life and aesthetics within the City of Cape Canaveral, See Memhers of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, hic. v. City of Sari Diego, 453 U.S. 490 (198 1); and WHEREAS, the City Council finds that the regulation of signage within the City of Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message, and will further the City's legitimate and substantial government interest in minimizing sight pollution and traffic and safety hazards to persons and property; and WHEREAS, the City Council finds that the goals of this Ordinance are content neutral and unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake [Vales v. Lamar Advertising Assn o� Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglosville, Ga., 975 F. 2d 1505 (11 Cir. 1992): and Ciry of Cape Canaveral Ordinance 05-2009 Pale I of 28 WHEREAS, on April 8, 2009; the City -s Local Planning Agency held a duly advertised public hearing on this Ordinance and recommended approval to the City Council; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is in the best interests of the public health, safety, and welfare of the residents and businesses 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. Repeal of Current Chapter 94. The current Chapter 94 of the City of Cape Canaveral Code of Ordinances is hereby repealed in its entirety. Section 3. New Chapter 94. A new Chapter 94 of the City of Cape Canaveral Code of Ordinances is hereby adopted as follows: CHAPTER 94. SIGNS ARTICLE I. IN GENERAL Sec. 94-1. Definitions. The following words; terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accent lighting means electric discharge tubing attached as an integral decorative or architectural feature of the building and not connected or giving the appearance of any connection to the overall signage of project. Air infloled devices means attention getting devices that are inflated with lighter than air gas or are supplied inflation from a blower or fan that, when energized, keep the device erect. Animated o,' flashing sign means any sign which uses lights that flash or alternate or which includes action, motion or illusion of motion, designed electronically, usually to give messages by means of slight progressive changes. This definition shall also include signs with rotating panels, generally referred to as tri -vision signs. Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a roof -like structure and is supported entirely by the building without the use of ground supports. City of Cape Canaveral Ordinance 05-2009 Page 2 of 28 Bag sign means any temporary sign made of cloth or other materials designed to ft over an existing sign or structure because the copy area is in the process of being changed or repaired due to damage. Balloon display is any balloon anchored on private property for the purpose of advertisement. Banner sign means any sign having the characters, letters, illustrations or ornamentation applied to cloth, paper or fabric including animated, rotating and or fluttering devices, flags and pennants (which do not comply with the definition of flag or pennant under this chapter) but excluding government flags for the purposes of this ordinance, designated to attract attention. Bulletin BoaJ-d means any permanent sign, not to exceed six (6) feet, attached to a building, and generally located at a store entrance, for purposes such as posting notices, menus, and other information, with removable letters, words, numerals, and copy material in a non -electronic manner. Canopy means any structure other than an awning, made of fire resistant cloth, wood, metal or plastic with or Without metal or wood frames, attached or detached and supported, in pari, or entirely, by the ground. Code el forceinenr board means a board established in section 2-256 et seq. to enforce this Code. Community appearance board means a board established in section 22-36 et. seq. of this Code. Construction board of adjusrmenl means a board established in section 82-32 of this Code. Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line, enclosing the extreme limits of the sign, including all ornamental attachments. insignias, symbols; logos, trademarks, interconnecting links and the like, and any stripe, frame or border. Sian area does not include the main support structure of the sign unless used for sign display purposes. The calculation for a double faced sign shall be the area of one face only. The calculation for wall signs, if permitted hereunder, comprises individual letters, numbers, symbols and the like, where the exterior wall of the building upon which it is affixed acts as the background of the sign, shall be calculated witlun the smallest regular geometric figure needed to encompass the sign display. Dilapidated sign shall mean a sign including its structure that is damaged, deteriorated, defaced; abandoned, in a state of disrepair, or illegible. Digital Elecn-onic Sign. See Electronic messaging sign. Discontinued sign shall mean any sign located on property which has been vacant and unoccupied for a period of ninety (90) days or more; or any sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. City of Cape Canaveral Ordinance 05-2009 Page 3 of 28 Edge of pavement shall mean the hard surfaced (e.g, asphalt, concrete, macadam, marl, pavers, etc.) edge of an existing street in the night -of -way excluding the curbing. Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an electrified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent into various letters, designs and shapes. Electronic messaging signs shall mean a sign on whicb the copy changes automatically by electronic means. Erect means to build, construct; raise, assemble, create, paint, draw, attach, hang, place, suspend, affix, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the customary maintenance or repair of a sign. Exenrpt signs means signs exempted from normal permit requirements. Flag or pennant means the flying of individual national, state, county, city or flags of political national origin attached to a free standing pole, mounted on the ground or to flags attached to the facade of a structure, limited to five (5) in number, provided such flags shall not be used in such a way to attract attention of the public for commercial purposes. Flags larger than three feet by five feet shall be considered signs and shall be calculated as part of the maximum square footage and maximum number of signs. Frontage means that portion of a lot or parcel abutting a street right-of-way. For corner lots or parcels abutting two (2) or more street right-of-way, frontage shall be measured only along the dedicated street right-of-way facing the primary entrance of the principal building located on the lot or parcel. Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are placed in or upon the ground, Ground signs include pole; pylon, and monument signs. Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or canopy. Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic -control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of flashing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. Marquee sign means a projecting sign attached to or hung f7om a marquee or such marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, City of Cape Canaveral Ordinance 05-2009 Page 4 of 28 when such canopy or covered structure extends beyond the building, building line or property line. Nfonument sigI7 shall mean a ground sign which is free standing, supported solely by its own ground -mounted base and which is not attached or fixed in any way to a building, fence or other structure, provided that the ground mounted base is substantially equal to or greater than fifty percent (50%) the horizontal dimension of the sign face including any cabinet or any structure within which the sign face is located and not greater than ten (10) feet in height. Two examples of a monument sign are as follows. COPY aaE4 FE: =PYaapa Alonconibustible material means a material, which, in the form and thickness in which it is used, meets any of the following: (1) Materials which pass the test procedures for defining noncom bustibi I ity of elementary materials set forth in ASTM E136. or (2) Materials having a structural base of non-combustible materials as stated in subsection (1) of this definition, with a surfacing not more than one-eighth inch thick, which has a flame -spread rating not greater than 50 when tested in accordance with the method of test for surface burning characteristics of building materials set forth in ASTM E84. Nonconforming sig77 means any advertising structure or sib which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable sections and restrictions of this chapter or any other applicable provision of the city code, or a nonconforming sign for which a special permit has been issued. Obscene sign is a sign deemed obscene under the Florida or United States Constitutions. Off-site or off -premises sign means a sign identifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is located. Signs commonly referred to as billboards shall be considered off -premises signs. On-site or on premises sign means a sign (1) identifying an activity conducted or products or services available on the premises where the sign is located, or (2) displaying a noncommercial message or (3) any combination of the first two. For purposes of this definition, common areas Cite of Cape Canaveral Ordinance 05-2009 Page 5 of 28 within a duly organized homeowner or condominium association shall be considered on - premises for each individual unit or lot within said association in recognition of any right the unit or lot owner has to use said areas under Florida law acid the association's covenants and rules. Outdoor advertising display means any letter, figure, character, mark, plane, point, design, poster. pictorial picture, stroke, stripe, line, trademark, reading matter or illuminated service which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that such shall be used for attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever outdoors. miner means the person owning the fee simple title to the property upon which a permit is required. Parapet sign shall mean a wall sign erected flush on a parapet extension of a building. Permittee means the person in possession or having the beneficial use of property upon which a sign is located for which a permit is required. Pole or pylon signs are signs that are supported by one or more exposed vertical supports. Three examples of a pole or pylon sign are. Portable signs means signs that may be hauled or towed from one location to another, are self supporting, are designed to be temporarily placed without a permanent base or fastening. Projecting sign means a sign which is affixed perpendicular to any building wall and extends beyond the building wall by more than eighteen (18) inches. Roof sign means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Sandwich boa) -d shall mean a free standing, one or two sided sign, in the shape of an inverted "W' and set upon the ground. Shopping center or multi -tenant center means a building with two or more businesses. Sign means any surface, fabric, device or display, whether illuminated or non -illuminated, designed to identify, announce, direct or inform, and that is placed out-of-doors in view of the general public. For purposes of this Chapter, the term "sign" includes all structural members. City of Cape Canaveral Ordinance 05-2009 Page 6 of 28 Snipe sig77 means a small sign of any material, including but not limited to paper, cardboard, wood or metal, attached to any object and having no application to the premises where located. Sneer right-of4ay means property, which is committed for use as a public access route. Temporary signs means a sign displayed before, during or after an event or occurrence scheduled at a specific time and place or which is not designed or intended to be placed permanently inclusive for example, for rent signs, for sale signs, construction signs, real estate signs, management signs, social or special event signs. Tenant space means that portion of a building separated by walls or partitions that extend from the floor to the ceiling or roof deck without interconnecting openings. Vehiculor sign means any sign applied to, affixed to, or placed upon a vehicle in such a manner as to be visible to the public. Visibility triangle means a three dimensional triangular space bounded on two sides by intersection streets (measured from intersecting edges of pavement) and on the third side by a straight line drawn between those lines at a point located thirty-five (35) feet from their intersection. 0000000 lFall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall signs include parapet signs. Tf'all Mural means a painting or an artistic work composed of an arrangement of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support. and is painted on the building. The term excludes a painting or work placed on a structure that is erected solely for the sole or primary purpose of signage. Ciry of Cape Canaveral Ordinance 05-2009 Page 7 of 28 )5--0' JA4taty Trl 1, F-1 0 �SeCafiary 7rivr.�n o rt^txtiir�,� d -&a A of su.a�: D O n 0000000 lFall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than 18 inches from the building. Wall signs may not extend above the roofline or facade. Wall signs include parapet signs. Tf'all Mural means a painting or an artistic work composed of an arrangement of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support. and is painted on the building. The term excludes a painting or work placed on a structure that is erected solely for the sole or primary purpose of signage. Ciry of Cape Canaveral Ordinance 05-2009 Page 7 of 28 Window sign means illuminated and non -illuminated signs placed in the exterior windows of a structure, and which can be viewed from the outside of the structure. Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the number, size, t},pe, use, design, construction and location of signs within the City. These regulations are established in order to promote the overall economic well-being of the City, while at the same time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the City. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dangerous, dilapidated and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the City, consistent with constitutional guarantees and while providing for adequate opportunities for effective means of communication. (b) For purposes of this chapter, any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on -premises. Nothing in this chapter shall be construed to regulate the content of the message displayed on any sign. Sec. 94-3. Administrator. The `administrator" shall be the building official unless otherwise directed by the city manager in writing. The administrator shall also include any authorized designee of the administrator who is charged with implementing the provisions of this chapter. If the administrator is not the building official, the building official shall be charged with interpreting applicable building codes and advising the administrator relative to building code issues under this chapter. Sec. 94-4. Exemptions. The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: (1) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or other types of equipment provided such decals are affixed with the consent of the equipment owner; (2) Signs wholly within a building or enclosed space, excluding window signs which are more specifically regulated under this chapter; (3) One sign or tablet per building, of four square feet or less when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of the building; City of Cape Canaveral Ordinance 05-2009 Page 8 of 28 (4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited to one per business entrance; (5) Trak control devices installed in accordance with applicable provisions of the City Code and the Traffic Control Manual published by the Florida Department of Transportation; (6) Window signs that do not exceed 25 percent of the total window glass area for each side of the building or unit thereof and are placed in the upper or lower half of the window glass area. In addition; the total square footage of the window signs located above ten (10) feet from grade, when added to the total existing signage for the building or unit thereof, does not cause the total signage copy area for the building or unit thereof to exceed the maximum total signage copy area allowed for the particular building or unit thereof. Further, all sales transaction areas. as well as any other areas that may be deemed as necessary for viewing for safety purposes by a law enforcement agency, shall not be obstructed from view from the outside of the building by a window sign; and (7) Temporary sibs on residential property that do not exceed six (6) square feet and on non- residential property that do not exceed hve)ve (12) square feet, provided the signs meet the requirements of this chapter. Temporary sins on non-residential property that exceed twelve (12) feet. but are less than thirty-two (32) square feet, may be authorized by permit under this chapter. (8) For 911 and emergency response purposes, signage identlfylng the address of the property, which shall be located in a place that is clearly visible from the right-of-way. (9) Signs held by humans. (10) Temporary, permanent, and portable government monuments, markers, and signs located on public property. See. 94-6• Penalty for violation. (a) Any person who knowingly violates or fails to comply with any of the sections of this chapter or any erector. owner or user of an unlawful sign or any owner of the property on which an unlawful sign is located, shall, upon conviction, be punished as provided in section 1-15. (b) In addition to the criminal penalties provided in tlus section, any violation of this chapter shall be subject to enforcement by section 2-256 et seq., according to the procedures legally established for such board and subject to the penalties provided by F.S. ch. 162. Sec. 94-6. Prohibited Signs and features. The following sib s and features are strictly prohibited: Ciry of Cape Canaveral Ordinance 05-2009 Paae 9 of 28 (a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit requirements, are prohibited on public utility poles or trees, except government banner signs may be permitted on brackets installed on utility poles if authorized by the utility company. (b) Obstruction of free ingress or egress; Standpipeslfire escapes_ No sign shall be erected, relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape. No sign of any kind shall be attached to a standpipe or fire escape, unless the sign is incidental to the function of the fire escape or standpipe. (c) Signs o» right-of-way. Signs on right-of-way that do not constitute a bona fide traffic control device installed for the safety of pedestrians and vehicles. (d) Portable signs. Any sign, excluding vehicular signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited, except a sandwich board is pemitted on commercial property provided it is only displayed outside during normal business hours of the business that is displaying the sandwich board. (e) Merchandise displays on rights of way. Permanent, temporary, portable or movable signs or displays of merchandise located on any street; sidewalk, alley, or right-of-way are prohibited (f) Off -premise signs, except temporary off -premise signs that are expressly authorized by this chapter. (g) Wall Mural. A wall mural is strictly prohibited on the exterior of any building within the city unless the wall mural is approved under the community appearance review standards set forth in sections 22-36 et. seq. (h) Window signs. Window signs that do not comply with sec. 94-4. (i) Ground signs. Ground signs with exposed metal potes. 0) Air inflated devices. (k) Marquee signs. (1) Roof signs. (m) Projecting signs, unless they comply with the provisions of section 94-79. (n) Temporary signs, unless specifically authorized under this Chapter. (o) Flags and pennants that are not governmental in origin. (p) Signs that emit an audible sound, odor, or visible matter such as smoke or steam. City of Cape Canaveral Ordinance 05-2009 Page 10 o£28 (q) Signs that are made N ith or printed on any vegetation, curbstone, flagstone, pm,enrent, or any portion of the sidewalk or street except house numbers and traffic control signs. (r) Balloon display. (s) Discontinued signs. (t) Animated signs or signs of a flashing, running or revolving nature. (u) Snipe signs. (v) Obscene signs. (w) Ha:ardous Signs. (x) Signs located or erected on an inoperable or unlicensed motor vehicle and visible from the right-of-way or adjacent property. (y) Signs located or erected on a parked motor vehicle which are intended primarily for display purposes and not regularly used for transportation purposes and which are visible from the right-of-way or adjacent property. (z) Dilapidated signs. (aa) Pole signs. However, pole signs may be authorized by the City Manager if the City Manager determines that the subject property can not accommodate a monument sign due to physical size, building, and set back constraints of the properly. (bb) Any other sign, feature, or outdoor advertising display that does not comply with the provisions of this chapter. Sec. 94-7. Conformance. All signs or other outdoor advertising displays erected within the city limits shall conform to this chapter. Sec. 94-8. Identification. Every sign or outdoor advertising display erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person erecting and maintaining such sign and shall have axed on the front thereof the permit number issued for the sign by the administrator. Sec. 94-9. Wind pressure and dead load. Ciry of Cape Canaveral Ordinance 05-2009 Paae 11 of 28 All signs and other outdoor advertising displays shall be designed and constructed to withstand a wind velocity as set forth in the building code adopted in section 82-31 and shall be constructed to receive dead loads as required by the building code or other codes of the city. See. 94-11. Maintenance, notice to repair. (a) All signs shall be erected, placed and maintained in a state of good and safe repair. Damaged signs shall be removed; repaired, or replaced. If a sign is painted, in whole or in part, the sign shall be kept well -painted. Such sign shall be repainted whenever the paint is peeled. blistered, or faded. (b) All signs shall be constructed and maintained in accordance with the provisions and requirements of the City's Building Codes, Electrical Codes, and other applicable codes. (c) All copy area shall be maintained so as to be legible and complete. (d) All signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition. (e) Damaged faces or structural members shall be promptly removed, repaired or replaced. (f) Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at all times in a safe condition. ARTICLE II. PERMITS AND INSPECTIONS Sec. 94-31. Permit required. (a) Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, construct, enlarge, move, or make structural alterations to any sign within the city or cause such to be done without first obtaining a sign permit for each such sign from the administrator. This shall not be construed to require any permit for a change of copy on a sign so long as the sign or sign structure is not modified in any way. Any sign which is not specifically allowed by this chapter is prohibited. (b) An electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source. (c) No new permit is required for a sign which has a permit and which conforms with the provisions set forth in this chapter on the date of its adoption. A new permit shall be required for any sign when the structural configuration of electrical components is altered or when the sign is relocated. Sec. 94-32. Application for permit; review time limits. City of Cape Canaveral Ordinance 05-2009 Page 12 of 29 (a) Application for a permit required under this chapter shall be made upon forms Provided by the building department and shall contain or have attached the information required on the form. At a minimum, the application shall contain the following information and ZD documents. (1) The name, address and telephone number of the property owner and applicant if different than owner. (2) The name, address, telephone number and state license number of the sign contractor/manufacturer and if applicable, the same information for the engineer and architect. (3) The street address, legal description and tax identification number of property upon which proposed sign is to be located. (4) The zoning and future land use designation of the property on which the sign is to be located. (5) The type of sign, square footage, height and location of all signs currently located on the premises. (6) The type of sign, square footage, design; sign area, height, location and fully dimensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign will be electrically lighted, a copy of the electrical plans and specifications for the sign shall be provided. In addition, the name and address of the electrical contractor shall accompany the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the property owner. (8) A fully dimensioned site plan showing the lot frontage, building frontage or business, establishment or occupant frontage, parking areas and location of all existing and proposed signs. For ground signs and temporary signs which are subject to permitting, the site plan shall show the distance from the right-of-way and property lines, and street corner visibility calculations. (9) For temporary signs subject to permitting under this chapter, the applicant shall provide the name, date and time associated with the event or activity and a time frame for the temporary sign to come down. (10) The type of construction, materials, sign supports, electrical details for the proposed sign. (11) Wind load calculations and footer details for the proposed sign as required by the City's adopted building code. City of Cape Canaveral Ordinance 05-2009 Page ) 3 of 28 (b) The administrator shall grant or deny the sign permit application within forty-five (45) calendar days from the date that a completed application and permit fee was filed with the City, unless aesthetic review of the proposed sign is required under sections 22-36 et seq., City Code, then sixty (60) calendar days. For purposes of calculating the time period, the day of receipt shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday, the decision shall be made on the next regular business day. Notwithstanding any contrary sign application requirements contained in this section, any person may request that a sign or signs be approved as part of an overall proposed development plan for a particular land development project. In such cases, the person will be required to submit the plans and specifications of the sign(s) with the plans and specifications for the proposed land development project. The proposed sign(s) will be reviewed and approved in conjunction with the site plan review, aesthetic review, and building permit review. In addition, in cases in which the applicant has requested a variance, waiver; or other zoning approval in conjunction with the sib application, the decision time period shall be suspended while the applicant seeks such zoning approval. In the event that no decision is made within forty-five days following the filing of a completed application, the application shall be deemed denied and the applicant may then appeal the decision to the construction board of adjustment. Sec. 94-33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the appropriate building permit fee by the applicant, the adminstrator shall promptly conduct an investigation of the application, the proposed sib and the premises. In addition, if required under sections 22-36 et seq., City Code, the administrator shall forward the application to the community appearance board for review and consideration. (b) If, after review and investigation as required herein, the administrator determines that the application meets the requirements contained in this chapter and determines the proposed sign will not violate any building, electrical, and aesthetic or other adopted codes of the city, the administrator shall issue the permit or issue the permit with conditions (which means legal conditions existing in the city code). If the work authorized by the permit has not been completed within six months after the date of issuance, the permit shall become null and void, unless the administrator grants an extension of time, not to exceed three (3) months, for good cause shown. (c) If, after review and investigation as required herein, the administrator determines that one or more reasons for denial exist; the permit shall be denied and the administrator shall make a written report of the denial and the reasons therefore. A copy of the report shall be sent by certified mail to the designated return address of the applicant on the application, The application for a permit shall be denied if one or more of the following conditions are found to exist: (1) The application does not comply with the requirements of this chapter; or (2) The application would violate any building, electrical, aesthetic or other adopted codes of the city. City of Cape Canaveral Ordinance 05-2009 Paae 14 of 28 (d) Any person denied a building permit for signs may file as a matter of right a written notice of appeal to the construction board of adjustment within ten calendar days after rendition of the denial pursuant to the provisions of section 94-33; except, however, issues decided by the community appearance board or the city council pursuant to sections 22-36 et seq, City Code, or in conjunction with a site plan application, shall not be appealed to the construction board of adjustment and shall be appealed under the applicable provisions set forth in sections 22-36 et seq and the site plan review procedures. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the construction board of adjustment. The appellant shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity, to be heard in person and through counsel, to present evidence, and to cross-examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. Sec. 94-34. Revocation of permit. The administTator is authorized and empowered to revoke any permit issued under this chapter for failure of the permittee to comply with any of the sections of this chapter. Such revocation shall be in whiting and shall show cause for the revocation notice. Within seven days after the mailing of notice, the permit holder may request, in writing to the city manager, a hearing before the construction board of adjustment to show cause why the permit should not be revoked. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the city manager. The permittee shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross-examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the revocation decision. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. Sec. 94-35, Fees. Permit and inspection fees for the erection alteration or relocation of a sign. exclusive of any costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and shall include fees for the following: (1) In addition, fees for signs are calculated by using contract amount consistent with the city's schedule of fees; City of Cape Canaveral Ordinance 05-2009 Page 15 of 28 (2) Re -inspection; and (3) If any person commences any work before obtaining the necessary permit, all fees shall be doubled. (4) As an incentive to eliminate nonconforming signs, the City Manager shall be authorized to waive sign permitting fees for any sign application that is filed for purposes of eliminating or modifying a nonconforming sign and making it in full compliance with the provisions of this chapter. Sec. 94-36. Inspection by administrator. The administrator is empowered to enter or inspect any building, structure or premises in the city upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural details and electrical connections and to ensure compliance with this chapter. Such inspections shall be carried out during business hours, unless an emergency exists. Sec. 94-37. Notice for inspections. The person constructing, erecting or relocating a sign for which a permit is required shall notify the building department at all stages of construction that requires inspection and approval by the administrator. Authority for and time of such inspections shall be as follows: (1) A footing inspection for all detached signs shall be required; (2) A final structural inspection shall be required at completion of the work on all types of signs; and (3) A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source. Secs. 94-38--94-60. Reserved. ARTICLE III. SIZE, LOCATION AND CONSTRUCTION DIVISION I. GENERALLY Sec. 94-61. Restrictions on placement. (a) No sign or banner shall be suspended across any public street, avenue or alley, unless approved by the city in situations when the street, avenue, or alley will be closed to vehicular traffic at the location of the sign or banner or the city has determined that the sign or banner will not constitute a hazardous sign or banner under the definition set forth in section 94-1 and the provisions set forth in section 94-62. City of Cape Canaveral Ordinance 05-2009 Page 16 of 28 (b) No sign shall be painted; pasted, printed or nailed on any curb or sidewalk or upon any trees, light standards, utility poles, hydrants; benches; bridges or any structures, other than awnings, within the property lines of any street, avenue or alley within the limits of the city. (c) No sign shall be attached to any private wall, window, door, gate, fence or to any other private structure, without the written permission of the owner or lessee and without compliance with the provisions of this chapter. See. 94-62. Abandoned and hazardous signs. (a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten days of the service of notice from the administrator, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six consecutive months prior to the date of the notice from the administrator. If the order to remove is not complied with, the administrator may remove the sign, and an assessment lien, on parity with real estate taxes; may be filed against the property for the expense incurred in removal of the sign. (b) Hazardous signs. The administrator shall refuse to issue a permit for any sign, which will constitute a hazard and a potential menace to the safety of the public, and the administrator may require the removal of any sign which is not properly maintained or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard after 48 hours from the time of notice by the administrator requesting the removal of such sign; unless within that time, the permittee or owner shall have filed with the administrator notice of his or her intention to appeal his decision to the code enforcement board, or the administrator has determined that exigent circumstances exist that require the immediate removal of the sign in order to abate the public hazard. Any such sign displayed more than 48 hours after notice to remove the sign may be removed by the city at the expense of the permittee or owner, unless the matter is pending an appeal to the code enforcement board or unless the decision of the administrator has been reversed by the code enforcement board. (c) Signs conshltifing traffic hazard. No sign or other advertising structure as regulated by this chapter shalt be erected at the intersection of any street in such a manner as to obstruct free and clear vision; at any location where, because of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word commonly used on traffic control signs or signals. Visibility at intersections shall be in accordance with the figure 94-1. See. 94-63. Lighting. (a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs, and wall signs. However, the reflectors shall be provided with proper lenses concentrating the illumination upon the area of the sign so as to prevent the glare upon the street or adjacent property. City of Cape Canaveral Ordinance 05-2009 Pale 17 of 28 (b) Electrical signs shall comply with applicable Electric Codes. Sec. 94-64. Criteria and standards for measurement and placement. (a) Area. The permitted area of ground signs, except in shopping centers or multi -tenant centers, in all zoning districts, and unless otherwise specified in this chapter, is dependent on street frontage of the property on the basis of one square foot of sign area for each lineal foot of property frontage up to the maximum specified in each zoning district. Wall signs shall be computed on the basis of one square foot of sign area for each lineal foot of building or tenant Space frontage up to the maximum allowed in each zoning section. For the purpose of determining area, the total area of a sign is that within the smallest parallelogram, triangle, circle or semicircle or combinations thereof which will completely enclose the outside perimeter of the overall sign, including the border, if any, but excluding supports. Three dimensional signs shall be measured at the largest vertical cross section. (b) Combinations of signs. Except where specifically permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground signs may be placed at an angle on a corner at no increase in size over that of a single sign. The sum or the area of the faces visible from any one point shall not exceed that allowed for a single sign. (c) Corner lots. Where two ground signs are used on a corner lot, the area of both signs may not exceed the area allowed for frontage as provided in subsection (a) of this section. (d) Display of permit number. The sign permit number for all signs requiring a permit shall be prominently displayed by the owner or user of the sib on the property where the sign is located. (e) Height, setback and location measurements. Measurements for setback and location for all signs in all allowable districts shall be made from that portion of the sign nearest that point of ground reference to which the measurement is to be made, but in no event shall a sign of any kind project over public property or public rights-of-way, whether affixed to a building or otherwise. The height of signs shall be measured from grade level at the edge of the street paving and shall include all decorative portions of the sign. All setback measurements shall be made from the property lines as a point of reference to the projecting edge or corner of the sign, unless otherwise specified. (0 Ground signs. Ground signs shall be set back a minimum of six feet from the property line. No ground sign shall be placed within the visibility triangle {refer to figure in section 94-1). (g) Size limit. No ground sign shall be supported so that the uppermost edge is more than twenty (20) feet above the grade level from edge of street pavement. This subsection shall not apply to any sign on the face of the building. Any sign that is not attached to a building shall not exceed one hundred fifty (1 S0) square feet on its largest front. Sec. 94-65 Aesthetic Requirements of Signs. City of Cape Canaveral Ordinance 05-2009 Page 18 of 29 The city council may adopt, by resolution or ordinance, general aesthetic requirements which pertain specifically to signs and wall murals permitted by this chapter, Said requirements may include form based regulations (e.g, signage size, materials, illumination, placement, landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable and unacceptable signage consistent with the requirements of this chapter. Upon adoption, said requirements shall be deemed fully incorporated into this chapter and shall have the force of law. Sees. 94-66--94-75. Reserved. DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (a) Temporary on -premises signs shall be permitted under the following conditions: (1) Provided the temporary sign satisfies all the requirements of this section, no permit shall be required under section 94-31. (2) Temporary signs shall be free standing signs. (3) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded). (4) On residential property, no one temporary sign shall exceed six (6) square feet and the total number of temporary signs installed on any one residential property shall not exceed three (3). However, during gubernatorial, presidential, and City election years, the three (3) sign limitation shall not apply on election day and during the thirty (30) days prior to the election day. (5) On non-residential property, no one temporary sign shall exceed thirty-two (32) square feet and the total area of temporary signage installed on any non-residential property shall not exceed ninety-six (96) square feet, except more than ninety-six (96) square feet of signage may be installed as provided in subparagraph (a) of this section. However, during gubernatorial, presidential, and City election years, the ninety-six (96) square foot limitation shall not apply on election day and during the thirty (30) days prior to the election day. (6) Temporary signs may be double faced (back-to-back) and only one side of a double faced sign shall be counted for sign area calculations. (7) The maximum height of any temporary sign shall be four (4) feet on residential property, or eight (8) feet on any non-residential property. (8) Minimum setbacks for any part of the temporary sign structure shall be a minimum of five (5) feet from any right-of-way. City of Cape Canaveral Ordinance 05-2009 Pale 19 of 29 (9) No temporary sign shall be placed within the right -of -Nay. No temporary sign shall be placed within the visibility triangle. (10) The temporary sign shall be constructed of sturdy material such as wood, hard plastic, vinyl, masonite or panicle board of sufficient thickness so as to withstand the weather elements commonly experienced within the City. Cardboard and paper faced temporary signs are strictly prohibited unless they are safely fastened, in its entirety, to a backing made of material set forth in this section. (11) If the temporary sign is promoting products or services available on the premises, the sign may only be displayed during the normal business hours of the business located on the premises. (b) In addition to the general requirements in subsection (a), the following requirements shall apply to the specific types of signs listed below: (1) Areas under development, such as shopping centers, apartments, condominiums and subdivisions, shall be permitted one (1) sign not to exceed a sign area of sixteen (16) square feet on residential property and thirty-two (32) square feet on nonresidential property after a building permit is issued or site plan has been approved. In addition, each subcontractor shall be allowed one (1) sign not to exceed a sign area of nine (9) square feet and four (4) feet in height. Sibs allowed hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked or the applicable site plan approval has expired. If the project is not completed within one (1) year, the city manager may grant an appropriate extension(s) not to exceed the removal date set forth under this subsection (1). All sibs must be removed from the property within seven (7) days of the date on which the project is completed. suspended, or abandoned for at least three months. The primary contractor's licensing information shall be legibly displayed on at least one of the signs located on the area under development. (2) A maximum of one (1) on -premises banner sign may be erected on nonresidential property not to exceed ninety-six (96) square feet, and on residential property not to exceed twelve (12) square feet. A banner sign may be erected for a maximum of thirty (30) days on nonresidential property and a maximum of fourteen (14) days on residential property during any calendar year. A banner sib is exempt from the freestanding requirement set forth in subsection (a) (2) above and the size restriction set forth in subsection (a) (4) and (5) above, provided it is securely fastened in a manner to withstand weather elements commonly experienced in the City. (c) Bag signs shall be temporarily permitted for one hundred eighty (180) calendar day period of time in cases when the copy area of an existing sib has been damaged and is awaiting repair and when the copy area is being replaced to accommodate a new or renamed business. The administrator may grant an extension of time for good cause shown provided any extension shall not exceed one hundred eight (180) calendar days. Cir) of Cape Canaveral Ordinance 05-2009 Page 20 of 28 Sec. 94-77. Emergency Response System. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property and shall be visible from the public or private street. For commercial and industrial buildings, the address or range of addresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area. In addition to the address being posted on a single family residential mailbox or single family dwelling, a sign not to exceed three (3) square feet may be posted on the dwelling at the main entrance or in the yard; provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. The display shall be posted in a manner that is consistent with the fire and life safety industry standards for posting such emergency response displays. Sec. 94-78. Electronic Signs. Electronic signs may be approved under this chapter provided the proposed electronic sign satisfies the following requirements: (a) A maximum of one electronic sign may be incorporated into a monument sign and shall not be part of any other kind of sign including, but not limited to, a pole or pylon sign. However, if the property can not accommodate a monument sign due to physical size, building, and set back constraints of the property, an electronic sign may be incorporated into a pole sign. Further, an electronic sign shall not be a stand alone sign. (b) The electronic sign shall not be installed higher than ten (10) feet from grade level, unless incorporated in a pole sign authorized by this chapter. (c) The size of the electronic sign shall be limited to a maximum size equal to twenty-four (24) square feet per property. The electronic sign shall be fully incorporated within the outer perimeter of the sign. Further, the size of the electronic sign shall be included in the calculation for the total signage allowed for the property and the overall size limitation for a particular sign. (d) The electronic sign shall be limited to alphanumeric characters only and graphic displays of non alphanumeric characters (such as simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be prohibited. (e) The display time for each message containing alphanumeric characters shall be a minimum time period of seven (7) consecutive seconds per display. Sec. 94-79. Projecting Signs. A projecting sign shall be permitted provided the following minimum standards are satisfied: (a) It shall not be larger than six (b) feet in its greatest dimension_ City of Cape Canaveral Ordinance 05-2009 Page 21 of 28 (b) It shall not encroach into a required setback by more than three (3) feet. (c) The lowest portion of the sign shall be at least seven and one-half (7 1/2) feet above grade. (d) It shall not project into a vehicular pathway. (e) It shall not extend above the eave or parapet line of the building wall on which it is affixed. Sec. 94-80. Off -Premise Signs. No off -premise sign shall be erected in the city, except temporary off -premise signs may be permitted in accordance with section 94-81. Any off -premise sign erected in violation of this section shall be removed within forty-eight (48) hours of notice to the sign owner and property owner. However, temporary off -premise signs erected in violation of this section shall be removed immediately. If the sign owner or property owner fails to remove the sign, the city shall do so at the sign owner's or property owner's expense. The city shall also have the right to impose an assessment lien, on parity with real estate taxes, on the property for any removal expenses incurred by the city to remove the unlawful off -premise sign. Sec. 94-81. Temporary Off Premise Signs. (a) Temporary off -premise signs may be erected upon issuance of a permit by the administrator, provided the temporary off -premise sign(s) meets the following conditions: (1) The activity or place so displayed or promoted on the sign will occur or be located within the jurisdictional boundaries of the City. (2) The property owner on which the sign will be erected has consented to the placement of the sign. (3) The size, height, and placement of the sign shall comply with the requirements set forth in section 94-76 for temporary on -premise signs. (4) No sign shall be erected on or within any right-of-way or within the visibility triangle. (b) Any permit issued under this section shall have a maximum duration of fifteen (15) calendar days. Further, a maximum of one permit shall be issued per activity or event being displayed on the sign, In addition, there shall be a four (4) permit limitation per calendar year for any particular location within the jurisdictional boundaries of the City. City of Cape Canaveral Ordinance 05-2009 Page 22 of 28 Sec. 94-82. Awnings and canopies. (a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as the valance or fringe and shall be calculated as a portion of any allowable wall sign. (b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall sign. (c) Address numbers on canopies and awnings shall not be considered as a portion of the allowable sign footage. Sec. 94-83. Home occupation signs. A home occupation sign that is non -illuminated and does not exceed two square feet in area concerned shall be permitted per district requirements if it is axed flat against the exterior surface at a position not more than two feet distant from the main entrance of the dwelling unit. There shall be no more than one of these signs per unit. Secs. 94-84 Ground Signs. Ground signs shall be required to meet the criteria and standards set forth in section 94-64 and other applicable provisions of the City Code. Sec. 94-85 Variances. (a) The administrator may grant, upon request by the property owner, a variance to any set back requirements set forth in this chapter, provided the administrative variance does not cause a safety hazard to persons or property, cause a violation of other applicable provisions of the City Code, and exceed ten percent (10%) of the applicable set back. (b) A variance may be granted for any height, location. or size requirement under this chapter pursuant to the variance procedures set forth in chapter 110, article II, of the City Code. Sec. 94-85 - 94-95. Reserved. DIVISION 3. DISTRICT REGULATIONS Sec. 94-96. R-1 low density residential district. (a) Signs are permitted in the R-1 low density residential district as listed in table 94-96-1. (b) Any sign not specifically pemutted in the R-1 district is prohibited. Sec. 94-97. R-2 medium density residential district. Ciry of Cape Canaveral Ordinance 05-2009 Page 23 of 28 (a) Signs are permitted in the R-2 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-2 district is prohibited. Sec. 94-98. R-3 medium density residential district. (a) Signs are permitted in the R-3 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-3 district is prohibited. Sec. 94-99. C-1 low density commercial district, C-2 commercial manufacturing district and M-1 light industrial and research and development district. (a) Signs are permitted in the C -I low density commercial district, C-2 commerciaUmanufacturing district and the M-1 light industrial and research and development district as listed in table 94-96-1. (b) Any sign not specifically permitted in the C-1, C-2 and M -I districts is prohibited. Sec. 94-100. Shopping center or multi -tenant center in any district. (a) Signs are permitted for shopping centers or multi -tenant centers in any district as listed in table 94-96-1. Table 94-96-1 District Restrictions TABLE MET City of Cape Canaveral Ordinance 05-2009 Page 24 of 28 T,pe of Sift R-1 R-2 R-3 C-1, C-2 & M-1 Temporary On -premises Sien Per Section 94-76 Per Section 94-76 Per Section 94.76 Per Section 94 - 76 Temporary Off -Premises Sign Per Section 94- 81 Per section 94- 81 Per Section 94-81 Per Section 94-81 Max. area 6 s.f 6 s f. 6 s f 1 32 s.f. Max. heiJit 4' 4' 4' 8' Areas under development ..... ...,.�. a• General Max. no. 1 I i 1 Max. area 16 s.f. 16 s f. 16s.1 32 s E.. Max heieht 4' 4' 4' 8' b.Per subcontractor Max. area 9 s.f 9 s.f 9 s.f. 9 s.f Max. heieht 4' 1 4' 4' 4' Home occupation Max no. i I I l City of Cape Canaveral Ordinance 05-2009 Page 24 of 28 Secs. 94-101--94-104. Reserved. Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public property, or public rights-of-way may be removed by the Cite or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the Administrator or code enforcement officer, immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall immediately remove the sign if the Administrator has determined that exigent circumstances exist that require the abatement of a public hazard. City of Cape Canaveral Ordinance 05-2009 Page 25 of 28 Max area!s.f. 2 s.f. j 2 s f 2 s.f Ground Max, no. Prohibited Iper street Iper sucet l per street frontage/per frontage/p frontage access er access entrance entrance Max- 2 signs V max. 2 si ens Max area 32s f. 32 sT One s. f. per lineal h of properly frontage up to a Max. Of 150 s.f. Max height 1 8' 8 20' Max. width { 25' 25' 25' wall Max. no. Prohibited l 1 2 per structure, provided each structure is a separate business. Max, area One s f. per One s.f Parallel to lineal foot of per lineal street Ii% of building call foot of stall height (x) that the sign building teal] width of is on %tall that stall that sign is y the sign is located on: on rnax. 160 s.f. Perpendicular to street, 15% of wall height (a) tall width of wall that sign is located on; max 128 s f Banner Signs Max no. I I I I Max. area 12 sq. ft 12 sq- It, 12 sq- R 96 s . f( Electronic Max. no. n/a n/a rda I pet Section Starts 93-78 Max. area. n/a A/a n/a 32 sq. ft. Wall mural Prohibited Prohibited Prohibited Prohibited unless unless unless approved approved per approved pet 94-6(h) 94-6(h) per 94- 6(h) Secs. 94-101--94-104. Reserved. Sec. 94-105. Enforcement. (a) Removal of signs. Private signs on public property, or public rights-of-way may be removed by the Cite or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall, upon receipt of written notification from the Administrator or code enforcement officer, immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall immediately remove the sign if the Administrator has determined that exigent circumstances exist that require the abatement of a public hazard. City of Cape Canaveral Ordinance 05-2009 Page 25 of 28 (c) Removal of illegally erected signs. The owner, owner's agent; or person in control, of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforcement officer or administrator that a sign is illuminated in violation of this chapter or other provisions of the City Code regulating spillover lighting, the owner, owner's agent, or person in control of the premises, shall immediately terminate the prohibited illumination of such sign. Sees. 94-106--94-109 Reserved, See. 94-110. Implied Consent. Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following: (1) consents to complying with all provisions of this code; and (2) consents for City officials to come on private property to inspect all signage and to remove illegally erected signs upon reasonable advanced notice by the city. Sees. 94-111--94-114 Reserved. 94-115. Viewpoint Neutral. Notwithstanding anything in this chapter or code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. Sees. 94-116--94-119 Reserved. Sec. 94-120. Severability,. (a) General. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph; subparagraph, sentence, phrase, clause. term, or word of this chapter. (b) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph; subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section; subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a City of Cape Canaveral Ordinance 05-2009 Page 26 of 28 situation where there would be less speech, whether by subjecting previously exempt signs to permitting or othenvise. (e) Severability of provisions pertaining to prohibited signs Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter that pertains to prohibited signs, including specifically those signs and sign -types prohibited and not allowed under section 94-6 of this chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause. term, or word of section 94-6 is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph; subparagraph, sentence. phrase, clause, term, or word of section 94-6. (d) Severability of prohibition on Off -Premise Signs. If any pari, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on off -premise signs as contained in this chapter and Code. Section 4. Amendment to Appendix B Schedule of Sign Fees. Appendix B of the Code of Ordinances, City of Cape Canaveral, Florida, related to Chapter 94, is hereby amended as follows (underlined type indicates additions and sty-ikeau type indicates deletions): APPENDIX B SCHEDULE OF FEES Cha pier 94. Signs (a) Permit fee shall be calculated on actual 384a5 -_0 contrarl cost using subsection (a) of Chapter 82 of Append x B wish a ran num fee ot..n,-... (b) Reinspecdon fee........ 2304—U-0 94-35 (d, For commencing work wthou't a permA. 8h fees shall be double te) .... 49-86 f J Temporary oR-orernbse signs and 940--50.00 banners anti;ternoorary nonresldendal 9-1f81 and 94a01 signs -greater than 12 M. fl. Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council. or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Cape Canaveral Ordinance OS -2009 Page 27 of 28 Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. 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 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2009. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Rocky Randels C. Shannon Roberts SUSAN STILLS, City Clerk Buzz Petsos Betty Walsh First Legal Ad Published: First Reading: Second Legal Ad Published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Ciry of Cape Canaveral Ordinance 05-2009 Page 28 of 28 Dare: CITY OF CAPE CANAVERAL TraCW" # BUILDING PERMIT .APPLICATION Permit# (321) 868-1222 City of Cape Canaveral Buddmg Department 7510 N. Atlantic Ave- Cape Canaveral, FL 32920 You may download this application_ �y%w.mNrflorida.com/caoe. You may fax to: (321) 868-12=17_ All applications must include the backside of this form. Important: Please complete the check -list on the back of this form and pro`ide other dociunentatioa as indicated on the checklist. A copy of contract maybe required Application packages will not be accepted unless complete. APPLICANT WILL BE CALLED WHEN PERMIT IS READY. (Con ractodOwner-Builder is required to sign for the building permit, unless indicated otherwise tn, affidavit. ID_ may be required) Address of Job Site: Zoning classification: Flood Zone: _ Legal description of property: rare: RNr} SFC: SUBD: BLK LOT: PB: PCr. _ Property Owner Name: Phone: Address: Fee Simple Titleholder's Name (sem dAa Bonding Company: Mortgage Lender: Type of Permit Brief description of w ori. Building Electrical Phimbing Mechanical Other Address: Address: Address: Type of COWL occ FPL tomes 01� Sewer Will this Fat: Primary Contractor Name: Address. f Bdiuil ng SgeCere 7r4- %t Sft r cmr�ttl r a%ixdable struo t v Not *of tf et stories ftd- nen N of w9tcr Va]us tion of Work V Feet (IA, CroW a -.-Ab Me to to serve lrl.t baht -;a State License No.: Phone (office): (Qlebve ander VB, (BJU, arrre tw 66 I1" ling inion desr�r Fax- incffeab�; as roof etc) etc) prof-rty? P -0-h, apP6an ? units nwimwe) Yes/No Yes/No Yes/No Commercial $ SFR s o-nbouse A,partxnent S lJQdominnr s tht:f S ArcllitecVEngineer Natm: Address: Name of Company: State License No,: Phone (office): Phone (cell/pager_): Fat: Primary Contractor Name: Address. Name of Company: State License No..- Phone (office): Phone (celllpager.): Fax: Electrical Contractor Name: Address: Name of Company: State License No_: Phone (office), Phone (eetupager.): Fart Plumbing Contractor Name: Address: Name of Company: State License No.: Phone (office): Phone (cell/pager.): Fax_ Mecbanical CoutractorName: Address: Name of Company: State License No_: Phone (office): Phone (celWpager.): Fax- Specialty/Other Contractor Name: Address - Name of Company: State License No.: Phone (office): Phone (celUpager.): Fat Bail, Permit Application Cllecld st Cw9leted Ferrari k •catitsII Notes Cmard code edition: FL Bldg, Code 2004 (as revised) Current Shave S all gV2Ed eonshnictlon and Check wdh Bldg Dept for setbacks Nom s4pature — OwwBuilder Affidavit Sewer Irrlpad Fee receipt_. ct Bee reoeipt, If owner is acting as oontmaor May be defrn+ed mmil C.O. Unless job is ra modsling May be deferred until C.A. ltal Expansion Impact Fee receipt Maybe deferred until CO. Sidewalk Impact Fee t Ifsidewalk exists an lot Recorded V+W' _ Deed / Proof of Owuershi Copy of Recorded Notice of ConmlPncement over $2,500 Over $5,000 for Mechanical charge ora Cuire t Cart, Of Liab Ay InsJWorker's CoinA Policy / Ficemption Reoord will be kgpt on fdr after initial submittal Commnn A . Board Apwvat For all wodc visible from Pubrio Right-0f-Way EII=M and Zoning Board Site Plan Approval For all new oomttvdion off" traits or more Concurrency Forams For a8 new conanwbon not pal of approved sire plan Primary Contractor's State License Rzoord will be kept on file after initial submwal Sllabco�tor'S Authorizations: State Licalise Record will be kept oo Ole after initial submittal Notify Ek@ding Depwtment of omft Ler changes PlunibingConnactor - — PIumb*g-C=tr�ctat -- - Electrical Contractor Electrical Contractor Mecllani :al Contractor Mwlmnicat Contractor Roofing Contractor Roofing Contractor SwiTTIMPM1 Contractor SW&Mjng Pool Contractor Gas Contractor Gas aCaniractor Specialty/Other Contractor Specialty/Other Contractor Construction Drawings: PWFAC. 104 Thme Sets of "ed Construchon drawings Pa F-RC. 104 Truss layout and reaction sultimary Cru sheets and shop drawings will be needed a. time of rasp. Electrical Ifled Wculations Plans most indicate person respaanble far calcaletions -Electrical Riser All new service moist be located umZ;jovnd Pllunb' Riser Plans mna indicate person responmbte for design A/C layout Flans must indic de person responsible for design Two sets ofEnergy Caitallations Plans must indicate person responmble for calc ulatiams Lot Drainage Suave Four sets of Fire •on/Sprm Alarm spWffications ReWakes Fire Dept- valprior.,a,,.� pto ;Qof pern3ii Pool Barrier Roquu=ent ForID (signed) Poor permits wit! not be issued without barrier Application is hereby made to obtain a permit to do the work and installations as indicated, I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all Iaws regulating construction in this jurisdiction_ The Building Code in effect at the time of this application is the Florida Building Code 2004 Edition. I understand that all permits require inspections as indicated. This permit application is valid for six months from date of submission_ By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor/Owner and has the authority to apply for this permit. Applicant's Name: Date: Applicant's Signature: Site Address: For Notary use only: State of Florida, County of Brevard Sworn and subscribed before me this day of 20____, by Printed name of Applicant who produced identification: or is personally known to me. Seal: S4=Mre - Notary Pablie Ar Lange Date: April 9, 2009 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Susan L. Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council Ordinance No. 05-2009 Adopting a New Chapter 94, Signs, of the Code of Ordinances At the Local Planning Agency meeting, held on April 8, 2009, by unanimous vote, the Board recommended approval of the above referenced Ordinance with noted changes as discussed. Please schedule this Ordinance for an upcoming City Council meeting agenda. LOCAL PLANNING AGENCY MEETING MINUTES APRIL 8, 2009 A Regular Meeting of the Local Planning Agency was held on April 8, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Chairperson Lamar Russell Vice Chairperson John Fredrickson Donald Dunn Harry Pearson Ronald Friedman 2nd Alternate MEMBERS ABSENT John Johanson 1 st Altemate OTHERS PRESENT Anthony Garganese City Attorney Barry Brown Planning Director Todd Morley Building Official Robert Hoog Mayor Pro Tem Susan Chapman Board Secretary NEW BUSINESS Approval of Meeting Minutes December 10, 2008. Motion by Donald Dunn, seconded by Bea McNeely, to approve the meeting minutes of December 10, 2008. Vote on the motion carried unanimously. 2. Recommenclabon toit Council Re: Ordinance No, 0-2049 Ado tin a New Chapter g4,. Signs, of the Cape Canaveral Code of Ordinances.. Board member, Harry Pearson, directed the Board's attention to a bulletin board which depicted three different types of signs and a percentage of each type that existed throughout the City. He pointed out that 68% of existing signs throughout the City were pole signs; the others were monument or pylon signs. He inquired if the City wanted to change the sign code to prohibit pole signs. Attorney Gargenese, responded that the issue was already debated extensively, at the workshops; and his recollection was that the majority of the City Council was in favor of just establishing monument signs. Local Planning Agency Meeting Minutes April 8, 2009 Page 2 Joyce Hamilton, citizen, advised that there was an exception to that, which had not been added to the new ordinance. She advised that pole signs would be allowed with a granted exception, if the pole sign met certain criteria. Attorney Garganese informed that he had inadvertently omitted pole signs in the prohibition section. He pointed -out that the exception for a pole sign was covered under the electronic sign section. Discussion followed. Attorney Garganese clarified that he inadvertently left out any language under Section 94-6, which listed a pole sign as a prohibited sign. He suggested adding the language: "However, pole signs may be authorized by the City Manager if the City Manager determines that the property will not accommodate a monument sign, due to physical building and setback constraints of the property." Discussion continued. Attorney Garganese clarified that under certain circumstances, a pole sign could have an electronic sign; otherwise it would be considered a monument sign. Hang Pearson asked the Board for confirmation that they agreed to prohibit pole signs, regardless of what was said at the workshops. He added that if the Board agreed, then the Board did a pretty good job defining what pole, monument, and pylon signs actually were. He stated that if they were all ground signs then it really didn't matter what category they fell in, they would all be okay. Todd Morley, Building Official, advised that at the last workshop, the group wanted to encourage monument signs, by making pole signs prohibited, which made pole signs non -conforming. He explained that pole signs did not have to be taken down, however if a pole sign was partially destroyed, the sign would need to comply with the new code. Lamar Russell queried if the Board already met with the Council and believed that if this issue was already decided then why they were still discussing it. Harry Pearson responded that the consensus was never a vote; it apparently just appeared to be the case. Discussion followed regarding defining the meaning of a consensus. Ron Friedman pointed -out that tonight's meeting was a recommendation to City Council. And whether City Council agreed with the Board's recommendation or not, it was their decision. Mr. Friedman read the definition of a pole sign. He and Harry Pearson agreed that the definitions of a pole sign, pylon sign, and monument sign needed to be clearly defined. Todd Morley advised that monument signs were the type of signs that were the preferred type of permitted sign. He suggested that language be added 'That a monument sign shall not be higher than eight feet above grade." He explained that anything that did not fit within that height limitation was not a monument sign, and therefore prohibited. Discussion followed. Local Planning Agency Meeting Minutes April 8, 2009 Page 3 Chairperson McNeely asked the Building Official if the City could enforce prohibiting pole signs. He answered "yes'; it just meant that all the existing pole signs became non -conforming. John Fredrickson questioned why the City would be against something that an overwhelming majority of business owners preferred. Bea McNeely answered that a pole sign was an easy, inexpensive way of advertising, compared to a monument sign. She advised that she had heard a lot from the community that the problem with pole signs was that they were not very attractive. Lamar Russell added that the City was just trying to change the look of the town. Hart' Pearson advised that 81 % of the existing signs would be prohibited. He pointed - out that there were only about ten monument signs in existence that would meet the definition of a monument sign; the others would be considered pole signs. A lengthy discussion continued regarding pole signs. Ron Friedman advised that there were other types of signs on poles that would then be non -conforming (i.e. no trespassing signs, no swimming or fishing, towing and no parking signs, water irrigation not potable water signs, and handicap parking signs). Attorney Garganese responded that temporary signs could look like pole signs. He pointed -out that temporary signs (i.e. real estate signs and political signs) would still be allowed. Barry Brown, Planning Director advised that the types of signs that Mr. Friedman was speaking about were temporary signs, not pole signs. Mr. Friedman argued that they were permanent pole signs, erected for safety reasons. Discussion continued regarding pole signs, Mr. Brown clarified that when the code was speaking about a ground sign was when having a pole sign was prohibited. Mr. Brown wanted to know what the Board needed to do to put a definitive end to the discussion and move on. Ron Friedman advised that there had to be exceptions to prohibiting pole signs. Discussion continued. Chairperson McNeely stated that the City could not legislate the wording on signs. Mr. Brown advised that Mr. Friedman's point was well taken, in that the code needed to clearly delineate between a commercial sign and signs that he spoke of. Joyce Hamilton suggested that those types of signs be defined as "public information signs". Mr. Brown responded that they would deal with that. Todd Morley read the definition of a "Monument Sign". He stated that he was trying to imagine what a 20 ft. high monument sign would look like, and suggested considering a height restriction of 8 ft. By consensus, the Board agreed. Mr. Friedman suggested that the table be updated to read "provided that the ground matter base is substantially equal to a minimum of 50% or greater". By consensus, the Board agreed that the base must be a minimum of 50%. Local Planning Agency Meeting Minutes April 8, 2009 Page 4 Mr. Morley advised that the signage table, on page 24, ground signs in the commercial district, the current height was a maximum of 20 ft. and believed they now intended to limit it to 8 ft. The Board members agreed. Joyce Hamilton explained that if, a: monument sign was placed in a parking tot, and if the maximum was 8 ft, the sign would not be high enough to see over the vehicles. She believed that 20 ft. was more realistic. Mr. Brown commented that a hummer was 6 ft. 6" high and that was probably the tallest of a vehicle that would be perked. He explained that an electronic sign was limited to 32 sq. ft., which meant that 32 sq. ft. was the size of a cheap piece of plywood, approximately 4 X 8, which would clear most vehicles. Mr. Brown stated that he didn't see any need to go higher than 10 ft. Hart' Pearson questioned about the signs at filling stations. He advised that gas prices were changed almost daily. Mr. Brown responded that those signs would probably go electronic. Mr. Pearson commented that most of the filling station signs around the County were an average 20 ft. high. Mr. Brown voiced his opinion that they did not need to be 20 ft., based on the size of developments in the City. He commented that signs that were 20 ft. high blocked sun, wind and light; therefore those signs would better serve the public if they were pylon signs. He stated that monument signs were not intended to be 20 feet tall. He explained that a monument sign, in essence, was like a tombstone, in that they were meant to be more human scale and closer to the ground. Harry Pearson queried how the filling stations were going to tell the public the price of gasoline. Mr. Brown answered that they could advise the public with a 10 ft. high sign. Discussion continued regarding establishing a reasonable height for monument signs. Following discussion, the Board agreed that the maximum height of a monument sign should be changed to 10 ft. The Board members also agreed that 25 ft, should be the established maximum width of a monument sign. Todd Morley advised that any reference to an "above roof sign" should be stricken. He explained that it was already discussed and was an unnecessary regulation, because they were prohibited. Discussion followed regarding Section 94-6, "Prohibited Signs". The Board reviewed and agreed that the definition of an above roof sign should be stricken from page 11, (z) of the draft ordinance. Todd Morley advised that on page 3, regarding the definition of a bulletin board, the workshop group wanted to insert the following language: "Such sign shall not exceed 6 sq ft. and shall not contain an electronic sign." Todd Morley advised that the group had also decided, on page 3, to add a definition of a "dilapidated sign". They agreed at the workshop that the definition should read: "Any sign which is structurally unsound, that fails to comply with applicable building, electrical, or safety code, has defective parts, cracked faces, or in need of maintenance is prohibited." He advised that dilapidated signs needed to be added to the list of prohibited signs. He noted that adding this definition would assist code enforcement. Local Planning Agency Meeting Minutes April 8, 2009 Page 5 Todd Morley advised that "flags" should be added to the exemption section. Todd Morley discussed the definition of "sign frontage". He requested clarification of total measurement of a comer lot, where two signs would be allowed. Following discussion, the Board agreed that if the total amount of allowable signage was, for example 150 sq. ft., then each of the two signs could be 75 sq. ft.; or one sign could be 85 sq. ft and the other could be 65 sq. ft. for a total of 150 sq. ft.). Discussion continued regarding calculating measurement, Attorney Garganese clarified that a comer lot would be measured along the primary entrance to the building. Mr. Morley stated that he would add the calculation as an enforcement policy for City staff. The group agreed that the word "dedicated" should be stricken from the definition. Todd Morley advised that driving down Cocoa Beach, he thought he saw smoke coming from Slow n' Low Restauranes sign, and he thought the sign was on fire. It turned out to be only steam. The steam was emitted as an attention -getting device. He asked the Board if there was interest in prohibiting this type of sign. It was decided that the code cannot address all types of signs and this is a case where the intent of the code needed to be applied. Todd Morley advised that he did not find a "variance procedure''' in the proposed draft ordinance. He recalled that the group was in favor of that. He suggested that a variance be presented to the Board of Adjustment, and the same variance procedure be followed as outlined in Chapter 110 of the City code. He suggested that a variance should be limited to: location, size, and height. Attorney Garganese advised that the variance procedure could simply be referenced to follow the procedure in the zoning code. Following discussion, the Board members agreed that a pole sign should go through the administrative process, and not a variance. Discussion followed regarding if location, size, and height should follow the administrative process. The Board agreed that only pole signs should go through the administrative process and that everything else needed to follow the variance process. Todd Morley asked that the draft ordinance include an "'administrative waiver"of up to 10% within a required setback. He commented that 10% was a small amount. He used the sign at Coral Shoppes as an example, where the sign could not be located within six feet from the right of way. He advised that the City could have done something with that sign if the administrative waiver he was asking for had already been in place. The Board agreed that staff needed tools to work with. They agreed to recommend that a 10% administrative waiver be established. Mr. Morley suggested that it be added in the same section as a variance. Local Planning Agency Meeting Minutes April 8, 2009 Page 6 Todd Morley verified that "bag signs" were exempt. He noted that every bag sign he had seen had stayed longer than 60 days. Therefore, that number should be adjusted. He suggested that it was more reasonable to change the exemption from 60 days to no longer than 6 months. He did not believe there was a public service served; bag signs were not a safety hazard; they were not an eyesore; and they were only temporary. He gave examples of when developments may need a bag sign (i.e. a business closes, a new business is going to move in and they're waiting for a new sign, and storm damage.) Following discussion, the Board members agreed that the exemption should be for 180 days, with a six month time extension for good cause. Joyce Hamilton advised that on page 19, item #5, the reference to subparagraph "d" should be changed to subparagraph "4", because subparagraph "d" did not exist. Ron Friedman advised that he had a problem with any signs being allowed to be erected 30 days prior to an election. He explained that it eliminated any control of size and number of signs. He used the example that McDonald's could have an unlimited number of signs made, with an unlimited amount of square footage, advertising that they were open 2417 and they could erect them all along their property fronting Astronaut and Central Boulevards for 30 days prior to an election. Lamar Russell advised that many years ago, the City had a specific ordinance for garage sales. He explained that they were required to have a permit, a resident could only have two garage sales per year, and the code had restrictions on how many, size and where the signs could be posted. He queried where that code went. Attorney Garganese advised that this subject was discussed at the last workshop. Mr. Friedman replied that two of the Council members did not like it, and no one else said anything. Attorney Garganese asked if they wanted to recommend a maximum number of signs. Lamar Russell advised that this section only applied to election signs. Discussion followed regarding sign content. The Board concluded to leave the wording as it was. Todd Morley referred the Board members back to page 9, item (6), regarding 'Window signs", should read "....In addition, the total square footage of the window signs, located above 10 ft. from grade, when added to the total . He explained that when a window sign goes above 10 ft., the window becomes a wall at that point. Joyce Hamilton advised that the wording should have already been added to the draft ordinance. Discussion followed. Mr. Morley explained that any wording above 10 ft. was considered wall signage. Local Planning Agency Meeting Minutes April 8, 2009 Page 7 Ron Friedman suggested that on page 9, "govemment exemptions", that the word "way finding" be removed; and that the sentences read: 'Temporary, portable, or permanent government monuments, marker and signs located on public property." Discussion followed regarding exemptions for government signage vs. commercial signage. Attorney Garganese gave an overview of recent Supreme Court case regarding govemment monuments. Following discussion, the Board members agreed with the suggested wording. Todd Morley referred the Board members to page 12, "permit required". He requested that the word "separate" be stricken, because the building department can issue one permit that will permit both the sign structure and the electrical. Todd Morley requested that the word "number" be inserted into the sentence on page 18, under "display of permit", so that the sentence would read 'the permit number must be displayed ......... Todd Morley questioned if a property that is on a corner lot and allowed to have two monument signs, if each sign could have an electronic sign. Lamar Russell asked what was wrong with that. Bea McNeely commented that it could look like Las Vegas. Following brief discussion, the Board agreed that a comer lot with two monument signs could have an electronic sign on each sign. Todd Morley advised that on page 21 (b), the language should be changed from twenty (20) feet to ten (10) feet, from grade level, unless the pole sign qualifies to be exempt. Ron Friedman pointed -out various scenarios of display times for electronic signs. Following a lengthy discussion, the Board agreed that the minimum time period should remain seven (7) consecutive seconds per display. Todd Morley requested that the language regarding "wall signs" on page 24, be changed to read: R-2 and R-3 should only read: "1 on main structure", everything else should be removed; and under "ground signs" the maximum height for ground signs in C-1, C-2 & M-1, should be changed from 20 ft. to 10 ft. Discussion was held regarding temporary off -premise signs. The Board discussed Section 9481 (a) (1) and agreed that the wording should be changed to read: (1) "The activity or place so displayed or promoted on the sign will occur or be located within the jurisdictional boundaries of the City." Following discussion, the Board agreed that Section 9481 (b) be changed to read: a maximum duration of frfteen (15) calendar days ............... In addition, there shall be a four permit limitation per calendar year .............." Local Planning Agency Meeting Minutes April 8, 2009 Page 8 Todd Morley requested that on page 25, Section 94-105, Enforcement, (a) Removal of signs that the first sentence read: 'The City has the right to dispose of the sign." The Board agreed that item (i) on page 10 should be removed. Ron Friedman advised that there were other groups of signs not addressed in the ordinance that should be added later, including: signs that are mandated by the State (i.e. swimming pool rules); and signs that protect and prevent liability (i.e. property protected by Security; guard dog on duty; and safety signs (i.e. rip currents - swim near life guards). Attorney Garganese advised that the code did not apply, because these types of signs would be authorized. Donald Dunn requested that the Board go back and discuss pole signs. He asked if there was a pole sign as depicted on page 6, and it now became nonconforming, if the owner placed some sort of covering from the sign down to the ground, and added a base of Styrofoam for appearance, would that pole sign become legitimate and not prohibited. Todd Morley answered that the sign would become a monument sign, but it would need to be permitted, inspected, and meet all applicable code requirements, including wind load and height. Discussion was held regarding artificial berming of the natural grade to make a monument sign look higher. Todd Morley advised that the height of a building is measured from 12 inches above the crown of the fronting road. Following discussion, the Board agreed that for the purposes of measuring grade, the definition in Chapter 110 should be inserted. Motion by Donald Dunn, seconded by Lamar Russell to recommend approval of Ordinance #05-2009 to the City Council, with the noted changes as discussed. Vote on the motion carried unanimously. Joyce Hamilton and the Board members welcomed back Bea McNeely and Todd Morley. There being no further business the meeting was adjourned at 10:04 p. M. Bea McNeely, Chairperson Susan L. Chapman, Secretary City of Cape Canaveral City Council Agenda Form City Council Meeting Date: August 18, 2009 Item No. /0 Subject: Discussion: City Council Meeting Rules of Procedure Department: Legislative Summary: City Council requested a discussion item to formalize the ending of a council meeting. Requested Council Action: Discuss the adoption of formal rules of procedure for City Council meetings.; Financial Impact: N/A Attachments: 0 Supporting Documents Reviewed Robert's Rules Cheat Sheet, Tips for Running Shorter Meetings, City of Cocoa's Rules of Procedure Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: [ ] A4. aed as ecommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntUcimlm ydocu m entsladm in lco u n ci llm eeti n g 12009108-18-091p rodecu re. d oc Tips for Shorter Meetings by Jim Slaughter, JD, CPP -T, PRP Updated from "How to Keep Discussions Short: Tips for Shorter, More Effective Meetings," Association Management, 2000 "Be sincere ... be brief ... be seated." Unfortunately, not all members follow this good advice from Theodore Roosevelt. That's why effective presiding officers use various methods to keep discussion moving. Among them are the following 10 techniques, 3 of which are procedural rules that must be applied to certain types of meetings, and 7 of which are suggestions to shorten any discussion at any meeting. Three Rules of Debate Most associations follow Robert's Rides of Order Newly Revised (10th Edition)("RONR'). If RONR is your parliamentary authority, its procedures are binding except as spelled out in any specially adopted rules of order. RONR has several helpful restrictions on debate that apply to most meetings and conventions (though not to boards of fewer that 12 members): 1. No one can speak more than 10 minutes. 2. No one can speak a second time until everyone who wishes to speak a first time has spoken. The person chairing the meeting can facilitate new debate by asking, "1s there anyone who would like to speak who has not yet spoken?" 3. No one can speak more than twice on the same issue. Seven Practical Su22estions 1. Announce the adjournment time before the meeting. Members often police the length of their own comments when the meeting has a foreseeable end. Jim Slaughter, Certified Professional Parliamentarian & Professional Registered Parliamentarian 336-378-1899(W) 336-378-1850(F) web site — www.jimsiaughter.com 2. List starting and ending times for each discussion item on the agenda. 3. Set the discussion time prior to starting on lengthy issues: "Is there a motion to limit total debate to 30 minutes?" Such a motion requires a two-thirds vote. 4. Encourage new discussion (and prevent repetition) by asking for speakers who have not yet spoken. 5. Alternate pro and con. After hearing from a proponent, ask, "Is there anyone who wishes to speak against the motion?" Alternate. When no one wishes to speak on a particular side, ask unanimous consent to end debate. "Is there any objection to closing discussion? Hearing no objection, discussion is closed." 6. Ask for a motion to end discussion: "Is there a motion to close debate?" Most parliamentary authorities allow debate to be closed with a two-thirds vote. 7. Establish speaking rules for all meetings by adopting special rules of order with notice and a two-thirds vote. That is, set guidelines to limit the amount of debate and number of speakers). Jim Slaughter is President of the law firm of Forman Rossabi Black, P.A., and is an attorney, Professional Registered Parliamentarian, and Certified Professional Parliamentarian -Teacher. Jim's Web site at www.jimsiaughter.com contains many articles and charts on meeting procedure. Jim Slaughter, Certified Professional Parliamentarian & Professional Registered Parliamentarian 336-378-1899(W) 336-378-1850(F) 2 web site—www.jirns)aughter.com Rd. CIO O O O O O O O O O O '� N N '�• '� '� '� c• zO v' V (D n w v O O O O O z� z z y d c. F" O O O O O O O V) V) V) U) cn A q o o N a zz y. z z z z z z z z v cCn �Q cn Ew E- a, u N cQ 4-, TO O a� O Q } '� cz —0LZ C 5 O acn ;>4 ;>4O L O cs 7 y UHc�>4 t o O1 00 SID V) rh M cN0,. cNGr c0: cA, C—C, c0� chi cO� coy 21 c - W O M M O O O 0 z e�- 4 z W z z z z z �z c• H A4 z z z z z z z A c• z z z N a•--� Imo+ a N O i y42, .� �a �Is c c o c 0 H zcoca o L o 30 Ea, >_ca W C n 0 ca =1o O M in Vr l� O� r1M N N N N N N r'M M :.Cys coy E i w 0 00 00 r - _M M M t cv 3 41) L 00 oOD 00 ca r - CA M RULES OF PROCEDURE FOR COCOA CITY COUNCIL MEETINGS Adopted 3/9/98; Revised 1/13/90; 2nd Revision 8/24/93 3rd Revision and Adoption by Resolution No. 94-1 4th Revision by Resolution No. 95-32: 8/8/95 5th Revision by Resolution No. 95-47; 10/24/95 6th Revision by Resolution No. 96-1: 1/9/96 7th Revision by Resolution No. 98-15: 3/10/98 8th Revision by Resolution No. 98-29: 5/26/98 9th Revision by Resolution No_ 2002-08: 1/08/02 TABLE OF CONTENTS Page Number ARTICLE I PREPARATION AND POSTING OF AGENDAS 1 ARTICLE II MEETINGS 1 ARTICLE III QUORUM 2 ARTICLE IV PRESIDING OFFICER 3 ARTICLE V CALL TO ORDER 4 ARTICLE V`I ORDER OF BUSINESS 4 ARTICLE VII MINUTES 5 ARTICLE VIII VOTING 6 ARTICLE IX RULES OF DEBATE 6 ARTICLE X ADDRESSING THE COUNCIL 7 ARTICLE XI DECORUM 14 ARTICLE XII APPOINTMENTS AND REPORTS OF COMMITTEES AND/OR BOARDS 15 ARTICLE XIII COUNCIL LIAISONS 16 ARTICLE XIV MOTIONS 16 ARTICLE XV INCIDENTAL MOTIONS 19 ARTICLE XVI PRIORITY OF MOTIONS 21 ARTICLE XVII AMENDMENT TO RULES 22 ARTICLE XVIII SUSPENSION OF THE RULES OF PROCEDURE 22 I APPENDIX ADOPTION OF RULES OF PROCEDURE BY RESOLUTION NO. 94-15; ADOPTING PROCEDURES RE: QUASI-JUDICIAL PROCEEDINGS FOR ZONING RELATED MATTERS RE: ARTICLE X, SECTION G) AMENDMENT TO RULES OF PROCEDURE BY RESOLUTION NO. 95-32 RE: ARTICLES I, X, AND XIX AMENDMENT TO RULES OF PROCEDURE BY RESOLUTION 95-47 RE: ARTICLE 1, SECTION A) (Agenda delivery date) AMENDMENT TO RULES OF PROCEDURE BY RESOLUTION 96-1 RE: ARTICLE X AND RESOLUTION 94-15 (Ex -Parte Communica- tions) AMENDMENT TO RULES OF PROCEDURE BY RESOLUTION 98-15 RE: ARTICLE X, SECTION F (Public Hearings in General) AMENDMENT TO RULES OF PROCEDURE BY RESOLUTION 98-29 RE: ARTICLE XII (Appointments and Reports of Committees and Boards) AMENDMENT TO RULES OF PROCEDURE BY RESOLUTION 2002-08 RE: ARTICLE XI (Decorum) and C (Code of Conduct) M ARTICLE I PREPARATION AND POSTING OF AGENDAS A. All ordinances, resolutions, contracts and bids to be submitted to the council shall be given to the city clerk for inclusion in the agenda. The city manager shall provide each council member and the city attorney with a copy of the agenda by the end of Wednesday evening prior to a regularly scheduled meeting. B. A copy of the agenda shall also be posted on the city hall bulletin board by 5:00 p.m. on Thursday before a regular scheduled meeting. C. Additions to the agenda shall be allowed at any time up to the time of the meeting. Additionally, the council members, the city manager, and the city attorney may raise new matters on "report". However, before any action can be taken on any item added or raised up in such manner, the council shall be polled and if any two council members have an objection to that item, then said item shall automatically be placed on the next regular meeting agenda_ D. Items shall only be placed on the agenda by a council member or the city manager, e17mTr T.'W TT MEETINGS A. Regular and special meetings of the city council shall be scheduled as set forth by the city charter and ordinances. 1 B. Council meetings shall conclude by 11:00 p.m., unless the council votes, by majorit3' vote, to continue past such time. ARTICLE III QUORUM A. Amaty of members shall constitute a quorum for any meeting of the Cocoa City Council. B. If a quorum is not present at the appointed hour of the meeting, the members present may: 1. Reschedule the meeting; or 2. Recess to determine if a quorum will be present within a short period of time; or 3. Adjourn the meeting. C. If in the process of a meeting, it is determined that a quorum is not present, all business shall automatically stop. The council may: L Reschedule the meeting; or 2. Recess to determine if a quorum will be present within a short period of time; or 3. Adjourn the meeting. D. The names of those members present and thein decision shall be recorded in the minutes, stating a quorum was not present and the time set for another meeting. 2 ARTICLE iV PRESIDING OFFICER A_ The presiding officer of the council shall be the mayor, who shall be elected in accordance with the city charter. B. In addition to the duties prescribed in the city charter, the mayor shall preserve strict order and decorum at all meetings of the council. The mayor shall state every question coming before the council on all subjects and decide all questions of order; subject, however, to an appeal to the council in which event a majority vote of council shall govern and conclusively determine said question of order. The mayor shall sign all ordinances and resolutions adopted by the council during the council's presence. C. In the event the mayor is absent, all duties of the position of presiding officer shall be vested in the deputy mayor, who shall be elected in accordance with the city charter. D. In the event the mayor and deputy mayor are absent, all the duties of the position of presiding officer shall be vested in the senior member of the council. The senior member will be the council member with the longest continued service. In the event of equal continued service, the individual receiving the most votes at the general election is the senior member. 3 ARTICLE V CALL TO ORDER A. The mayor of the council, or in the mayor's absence, the deputy mayor shall take the chair at the hour appointed for the meeting, or within a reasonable time after the hour, and shall immediately thereafter call the council to order. In the absence of the mayor and deputy mayor, the senior member of the council shall call the council to order. B. If, in the absence of the mayor, the meeting is called to order by the deputy mayor or the senior council member, such interim presiding officer shall immediately relinquish the chair upon the conclusion of the business immediately before the council upon the mayor's arrival. Similarly, if, in the absence of the mayor and the deputy mayor, the meeting is called to order by the senior council member, such senior council member shall immediately relinquish the chair upon the conclusion of the business immediately before the council upon the arrival of the mayor and/or deputy mayor. C. Except in the case of an emergency, council members shall inform the city clerk, city manager, or city attorney of a pending absence from a council meeting. Failure to do so shall constitute an unexcused absence. ARTICLE VI ORDER OF 13USINTESS A. All regular meetings of the council shall be open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the council, 11 the city clerk, city attorney, and the city manager shall take their regular stations in the council chambers and the business of the council shall be taken up for consideration and disposition in the order of the agenda. ARTICLE VII MINUTES A. All actions of the council shall be accurately recorded in the minutes. B. The clerk to the city council shall record and prepare the minutes and shall be responsible for maintaining the official record and minutes of the council. The minutes shall include all actions of the council. The record shall include the names of the mover and seconder and the vote of the council. C. The clerk to the council shall not be responsible for maintaining a written record of the discussion or comments made by members of the public. The clerk shall make an electronic tape recording of each meeting. D. A member may request to have his/her comments printed as part of the record. If there are no objections by any member of the council, the comments may be included. If there is an objection to such printing of the comments, the council shall decide the matter by majority vote. However, such member's request to have his/her comments printed as part of the record shall be noted in the minutes. E. The responsibility for correcting and approving the minutes shall be vested only in the members of the council. Unless a reading of the minutes of the council meeting is requested by a member of the council and approved by a majority of the council, such minutes may be approved without reading. F. Any council member may move to amend the minutes. If there are no objections by any member of the council, the minutes will be so amended. If there is an objection to such proposed amendment, the council shall decide the matter by majority vote. ARTICLE VIII VOTING A. All votes shall be taken by requesting those in favor to say "aye" and those opposed to say "no". B. A tie vote shall cause the motion to be defeated, except as set forth in Article XV(A). C. The presiding officer shall announce the results of each matter that is decided by the council. Once the presiding officer has announced the decision of the council, no member shall be permitted to change his/her vote as recorded. ARTICLE IX RULES OF DEBATE A. The presiding officer shall have the right to vote, speak, make motions, and second motions without relinquishing the chair. B. In the event two or more persons wish to be recognized, the order of recognition shall be: Co 1. Council members 2. City staff (including the city attorney) 3. All other persons. C. A member, once recognized, shall not be interrupted when speaking unless it is to call such member to order. If a member, while speaking, is called to order, such member shall cease speaking until the question or order is determined, and if in order, such member shall be permitted to proceed. D. All discussions shall be made through the chair. E. In discussion, the remarks made by the council members shall be confined to the motion or matter immediately before the council. In discussion, a member may condemn the nature or likely consequences of a proposed measure in strong terms, but shall avoid attacking the motives of another member. ARTICLE X ADDRESSING THE COUNCIL A. ORAL COMMUNICATIONS. Any person desiring to address the council shall first secure the permission of the presiding officer and shall state his/her name and address for the record. If such person is speaking as an authorized representative, such person shall also advise the council of the name of the person, group, business, or organization being represented. All remarks shall be addressed to the council as a body and not to any member thereof, unless permission to do so is first granted by the presiding officer or %1 the council, members of the public shall limit their discussion or comments to no more than three minutes. No questions shall be asked a council member or city official except through the presiding officer. B. WRITTEN COMMUNICATION. Interested persons may address the council by written communications in regard to a matter then under discussion. C. READING OF PROTESTS. Interested persons may address the council by reading of protests, petitions or other communications related to matters then being considered by the council. D. The council, by majority vote, may decline to hear any person who is not a resident or taxpayer of the City, except: X. V hen the person is a user of the city's water or sewer system and wishes to be heard on a matter related to the city's sewer and/or water system. 2. �Alhen such person is a city employee who wishes to be heard on a matter relating to his/her employment; or 3. When such person is serving as an authorized representative for a person who would otherwise be permitted to be heard on the subject matter before the council. E. DELEGATIONS. In its discretion, the council may set aside up to thirty minutes of each regular meeting for "delegations". The purpose of such delegations shall be for any resident or taxpayer of the city to make his/her views known to the city council upon any subject of general or public interest. Additionally, a city employee shall be permitted to address the council as to matters regarding his/her employment, and a user of the city's sewer or water system shall be permitted to address the council regarding matters related to the city's sewer and/or water system. Each person addressing the council during public forum shall speak for no more than five minutes, unless a greater time is accorded by a majority vote of the council. If it appears that a matter presented by a speaker during delegations is administrative in nature, and the question or matter raised can be adequately answered or addressed by the city's administrative staff, the council may request, upon proper motion and majority vote, that the speaker refer the matter to the city manager or his designee during normal city business hours. If such a referral is made by the council, the speaker shall have no further right to present that matter at the meeting. If the speaker is not adequately satisfied by the city's administrative staff upon proper referral, the speaker shall have the right to bring the matter in question before the council during the delegations portion of any subsequent council meeting_ The council recognizes that delegations is for the purpose of legitimate inquiries and discussion by the public and not for the purpose of advancing arguments or repetitious questions concerning matters which the council believes to be closed or not of general public concern. The council shall have the right at any delegations to decline to hear any person or any subject matter upon proper motion and majority vote by the council. 9 F. PUBLIC HEARINGS IN GENERAL. The city council shall hold a public hearing on second and final reading on every proposed ordinance that comes before the city council for adoption, as provided for in city charter Article II1, Section 14, and city code Chapter 2, Section 2-55 and in accordance with Section 166.041, Florida Statutes, or any procedure of general law that supersedes those provisions. The city council shall hold a public hearing on any resolution affecting rates and charges for potable water, reuse mater, stormwater, sewer services, and garbage services. ,All public hearings shall be advertised in a newspaper of general circulation one time in advance of the public hearing, stating the date, time, place, and nature of the public hearing, and the location where further information may be obtained regarding the subject matters to be considered. Advertisements shall comply with the public notice requirements of the Florida Statutes. Further, the proposed ordinance or resolution and notice shall be posted in full at City Hall and the public library for public review in advance of each public bearing. At the public hearing, the city attorney shall read any ordinance or resolution by title or in full, as required by general law, for the public record, and provide general background to the item. 10 Members of the public speaking on public hearing items, though entitled to be heard by the council, are not entitled to an immediate response by either administrative staff members or council members once the public hearing is closed; however, council discussion may or may not include a response. No question by the public should be addressed directly to any member of the administrative staff. Public debate by individual speakers from the audience on public hearing agenda items shall be limited to three (3) minutes. Representatives of recognized groups shall be limited to ten (10) minutes; and total debate on a single issue shall be limited to thirty (30) minutes. Only one (1) presentation per person per issue shall be allowed. It shall be the responsibility of any person deciding to appeal any decision made by the city council with respect to any matter considered at a public hearing under this section, to insure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which any such appeal is to be based. G. PUBLIC HEARINGS FOR REZONING, SITE PLAN APPROVAL, SITE SPECIFIC LAND USE AND DEVELOPMENT REQUESTS. Whereas, as a result of recent developments of case law, the city council deems it to be in the best interests of the health, safety and welfare of the citizens of the City of Cocoa to provide distinct rules of procedure to govern hearings before the city council when meeting in a quasi-judicial capacity on zoning related matters. These rules, as set forth by Resolution No. 94-15 11 (attached hereto) are hereby supplemented by Section F of Article X, of these Council Rules of Procedure and supplemented by the following rules for purposes of uniformity and clarity: 1. The city attorney shall read any ordinance considered by title for the public record, and provide general background to the item. 2. The administrative staff shall present a summary of the application and its findings or recommendation on that application. 3. The mayor shall declare the public hearing open, inviting any members of the audience to speak to the issue. 4. The applicant and any expert witness(es) to provide testimony on the issue must sign in and must be sworn in the following manner by the city clerk or her designee. I (state witness name) swear or affirm to tell the truth, the full truth, and nothing but the truth. 5. Any other persons wishing to speak to the matter may do so and that speaker may supplement his/her presentation by presenting written documentation to the council. 6. Any documentation presented to the council in support of or in opposition to an application shall be offered into the record by submitting a copy of same to the city clerk, who shall keep the documents as part of the record of the proceeding. It shall be 12 the responsibility of the party offering the evidence to make sure that it is received by the city clerk as part of the record. The staff report presented on any application and all applicable city codes shall be deemed part of the record in all applications considered by the council. 7. The council shall make its determination, when meeting in a quasi-judicial capacity in zoning related matters, based on the criteria specifically spelled out in Sections 6.2 and 6.3 of Resolution No. 94-15 (attached hereto). 8. It shall be the responsibility of any person deciding to appeal any decision made by the city council with respect to any matter considered at a public hearing under this section, to insure that a verbatim record of the proceeding is made, which record shall include the testimony and evidence upon which any such appeal is to be based. It shall further be the responsibility of any such person to insure that the city clerk receives copies of any transcript or evidence. 9. All ordinances adopted by the city council regarding a zoning change shall be recorded in the public records of Brevard County. No zoning change shall become effective until said change has been duly recorded in the official zoning map, signed 13 off by the mayor and attested to by the city clerk. (Reference Appendix A, Zoning, Article VIII, Section 1(D)). ARTICLE XI DECORUM A. No person shall be allowed to make impertinent or slanderous remarks while addressing the council. Any person making impertinent or slanderous remarks or who shall become boisterous while addressing the council shall be instructed by the presiding officer to cease making such improper comments or otherwise engaging in improper conduct. If such person fails to comply with such instruction, the presiding officer may have such person removed from council chambers, unless permission to continue and/or remain in council chambers is granted by a 4/5 majority vote of the council. B. The chief of police, or such member of members of the police department as may be designated by the chief of police, shall serve as sergeant -at -arms for the council meetings. The sergeant -at -arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the council meeting. Upon instructions of the presiding officer, and/or by 415 vote of the council, it shall be the duty of the sergeant - at -arms to remove any person from council chambers and take such other action against such person as is lawful and appropriate. 14 ARTICLE XII APPOINTMENTS AND REPORTS OF COMMITTEES AND/OR BOARDS A. Unless otherwise provided by ordinance or resolution, the council shall make committee or board appointments in the following manner: 1. The presiding officer shall announce that nominations are open for the appointment of persons to such committee and/or board. 2. Each council member shall be afforded the opportunity to make nominations. After- each council member has been afforded such opportunity, the presiding officer shall announce that nominations are closed. 3. The council shall then vote on each nominee. (The nominees shall be presented for vote in alphabetical order.) No council member shall be allowed to cast more than one "aye" vote for any single position. When two or more nominations occur for the same position, the individual receiving the affirmative vote of at least three (3) members of council shall be seated. 4. In the event that no nominee receives the affirmative Grote of at least three (3) members of the council, the appointment will be deferred to the next regular meeting at which time all council members shall be allowed to submit old or new nominations. This procedure will continue until a nominee receives the affirmative vote of at least three (3) members of the council. 15 B. Committees/Boards may present their reports to the council in writing or verbally, as may be requested by the council. The council may also receive minority reports. ARTICLE XIII COUNCIL LIAISONS The council may appoint such council member liaisons to the various city boards and committees as it deems appropriate. The purpose of the council member liaisons is to make a report on their activities at the next regular council meeting. ARTICLE XIV MOTIONS A. MAIN MOTION. A main motion shall be a motion whose introduction brings business before the council. A second is required. (A second made by any member shall imply that the member wishes the matter to be discussed, but it does not necessarily mean that the member is for or against the motion.) A main motion requires approval by a majority vote, unless otherwise provided by higher law or unless otherwise provided herein. B. MOTION TO AMEND. A member may seek to have the main motion amended in one of the following two ways: 1. BY CONSENT OF THE MEMBERS. If the presiding officer requests but receives no objections to the proposed amendment, the main motion will stand as changed (amended). No new second is required. If there is an objection from any council member, a second to 16 the amendment shall be required and a vote taken. There may be discussion to the amendment at that time and a majority vote shall be required to pass the amendment. 2. BY FORMAL MOTION TO AMEND. If a council member makes a formal motion to amend the main motion, a second shall be required and discussion shall follow on the amendment. If an amendment passes, the main motion shall be the motion as amended. If the motion to amend fails, the motion shall be the motion as it was before the amendment was presented. All amendments shall be germane to the main motion. C. MOTION TO REFER. If the council feels that adequate information has not been given, a council member may move to refer the subject matter to a certain persons(s), committee, or board for more information_ A time certain may be included in the motion or it may be open-ended. A motion to refer is only debatable as to whether or not such motion should be referred. A motion to refer requires a second and approval by a majority vote. If the motion to refer fails, the motion shall be the motion on the floor prior to the motion to refer. D. MOTION TO DEFER TO A TIME CERTAIN (commonly referred to as a motion to table). A motion to defer to a time certain may be used if the council feels that the motion before them should be considered at a later time or date. Such motion shall not be used to postpone the council's consideration 17 of a matter indefinitely. A motion to defer is only debatable as to whether or not such motion should be deferred, and if so, the length of such deferral. A motion to defer requires a second and approval by majority vote. If the motion to defer fails, the motion shall be the motion on the floor prior to the motion to defer. E. MOTION TO LIMIT DISCUSSION. If a council member feels that a set period of time for discussion of a motion should be limited, the member may move to "limit discussion". Such motion is not debatable, but does require a second. A vote of 4/5 shall be required to pass a motion to limit discussion. Should only four members of the council be present, a unanimous vote shall be required. F. CALL THE QUESTION. A council member may "call the question" when such member believes that further discussion is unnecessary. No discussion may be allowed. If there is an objection to calling the question, a vote of 4/5 shall be required to call the question. Should only four members of the council be present, a unanimous vote shall be required. G. MOTION TO RECONSIDER. If, in the same meeting, new information or changed circumstances make it appear that a different result might reflect the will of the council, a member may move to reconsider the vote. A motion to reconsider may be applied to a vote that was either affirmative or negative and shall propose no specific change in a decision, but simply propose that the motion be reopened for discussion and re -vote. A motion to reconsider may be made by any member, regardless of how such member vote on the original motion. Discussion on a motion to reconsider shall be limited to whether or not the council's prior action should be reconsidered. A motion to reconsider requires a second and approval by majority vote. H. MOTION TO RESCIND/AMEND PREVIOUSLY ADOPTED ACTION. If a council member wishes to rescind and/or amend an action taken at a previous meeting, a motion to rescind or motion to amend previous adopted action may be used. Discussion of such motion shall be limited to whether or not the council should rescind or amend its prior action. A motion to rescind/motion to amend previously adopted action shall require a second and approval by a majority vote. Such motion shall be out of order if action has been taken as a result of the prior council vote. ARTICLE XV INCIDENTAL MOTIONS A. POINT OF ORDER. A council member may call for a point of order if such council member believes that the presiding officer has failed to notice a breach in the rules. The presiding officer shall make a ruling on the point of order raised. If a council member believes that the presiding officer has improperLy ruled on the point of order, the council member may appeal the presiding officer's decision to the entire council. Such appeal requires a second and is debatable after the presiding officer has been given the 19 opportunity to explain the ruling. A tie vote shall sustain the decision of the presiding officer. B. MOTION TO DIVIDE. If a motion presented contains two or more parts capable of standing as separate questions, a council member may move to "divide the motion". Discussion on a motion to divide should be limited as to why the prior motion should be divided. A motion to divide requires a second and approval by majority vote. C. WITHDRAWAL OF MOTION. Once a motion has been moved and seconded, it belongs to the entire council and not to the maker of the motion. Therefore, a council member may only have his/her motion withdrawn as follows: 1. The council member may advise the presiding officer that such council member wishes to have the motion withdrawn. The presiding officer shall ask the council if there are any objections to the motion being withdrawn. If there are no objections, the motion shall be withdrawn. (.A seconder does not need to withdraw the second to the motion.) If there is an objection to the withdrawal of the motion, then an official vote shall be taken or a member may move to withdraw the motion. Brief discussion on the desire to withdraw the motion shall be permitted. If the motion to withdraw is approved by majority vote, the prior motion shall be withdrawn. If the motion to withdraw fails, the prior motion shall remain on the floor. Once a 20 motion is withdrawn, either by general consent or by vote, such motion shall be struck from the record and shall not be recorded in the official minutes_ D. MOTION TO ADJOURN. A motion to adjourn is not debatable except to the extent that such motion shall contain a time to hear any non -completed items on the agenda. A motion to adjourn requires a second and approval by majority vote. E. MOTION OF PRIVILEGE. If any matters occur such as to impede a council member not to be able to attend to the business before the council, i.e., excessive noise, non-functioning microphones, uncomfortable room temperature, etc., such council member may state to the presiding officer that he/she has a question of privilege. Such question of privilege shall be addressed before the pending business of the council continues. No vote is required unless a motion arises out of the question of privilege. F. RECESS. A recess may be taken as it appears on the agenda, at the request of the presiding officer if there are no objections, or by majority vote of the council. A motion for recess requires a second, and is debatable. ARTICLE XVI PRIORITY OF MOTIONS A. Motions shall take precedence in the order in which they are listed below: 1. A AIN MOTIONS (Motions to reconsider, rescind, and amend previously adopted action shall have the same rank as a main motion. 2. AMEND 3. REFER 4. DEFER TO A TIME CERTAIN 5. CALL THE QUESTION 21 6. RECESS T FIX A TIME CERTAIN 8. ADJOURN B. The following incidental motions shall be decided immediately before business shall proceed: 1. POINT OF ORDER (and any appeal from a presiding officer's ruling thereon). 2. MOTION TO DIVIDE MOTION 3. MOTION TO WITHDRAW 4. MOTIONS OF PRIVILEGE ARTICLE XVII AMENDMENT TO RULES The rules may be amended by a 4/5 vote of the council at a regular meeting or special meeting, provided notice of such proposed amendments has been given to each council person prior to sucb meeting. ARTICLE XVIII SUSPENSION OF THE RULES OF PROCEDURE These rules may be temporarily suspended at any time by 4/5 vote of the council. No action taken by the council shall be deemed void or invalid by reason of the failure to adhere to these rules. 22