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Packet 06-02-2009 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX ��1"oF 111 Polk Avenue, Cape Canaveral, Florida -�,� . F TUESDAY June 2, 2009 6:0tO IP IM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORTS: 6:05 p.m. — 6:30 p.m. City Manager Staff Business & Cultural Development Board Report AUDIENCE TO BE HEARD: 6:30 p. m. — 6:50 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 (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 6:50 p.m. — 7:00 p. m. 1. Motion to Approve: City Council Workshop Meeting Minutes of May 5, 2009 and Regular Meeting Minutes of May 5, 2009 and May 19, 2009, 2. Motion to Approve: Annual Renewal of Professional Services Agreement with Professional Diversified Services, Inc. for Mowing & Maintenance of City Landscaped Areas. 105 Polk Avenue • Post Office Boa 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX; (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaverad@cfl.rr.com of Cape Canaveral, Florida Ey Council Regular Meeting Agenda June 2, 2009 Page 2 of 3 3. Motion to Approve: Stormwater Pipe Repairs and Inlet Replacements in the Amount of $6,350. 4. Motion to Approve: Outdoor Entertainment Permit — Movie at Manatee Park, Recreation Department. ORDINANCE: Second Public Hearing: 7:00 p.m. — 7:15 p.m. 5. Motion to Adopt: Ordinance No. 06-2009; Economic Development Ad Valorem Tax Exemption. ORDINANCE: First Public Hearing: 7:15 p.m. — 8:15 p.m. 6. Motion to Approve: Ordinance No. 05-2009; Sign Code Ordinance. RESOLUTION: 8:15 p.m. — 8:30 p.m. 7. Motion to Approve: Resolution No. 2009-17; Supporting the Brevard County Tourist Development Council's "Space Coast Wayfinding Initiative". CONSIDERATIONS: 8:30 p.m. — 9:00 p.m. 8. Motion to Approve: Application for Satisfaction or Release of Code Enforcement Lien, John Ribar and Rick Kendust, 210 Canaveral Beach Boulevard. 9. Motion to Approve: Application for Satisfaction or Release of Code Enforcement Lien, Supra Color Enterprises, Inc., Vacant Lot North of 6615 N. Atlantic Avenue (A1A). 10. Motion to Approve: Application for Satisfaction or Release of Code Enforcement Lien, Banana River, L. P. a/k/a Banana River of Delaware, Ltd., eJo Helen M. Ward, R. A., North Atlantic Avenue Properties, DISCUSSION: 9:00 p.m. — 9:15 p.m. 11. Municipal Economic Development Powers g, of Cape Canaveral, Florida dity Council Regular Meeting Agenda June 2, 2009 Page 3 of 3 REPORTS: 9:15 p. m. — 10:00 p.m. 12. Council ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL WORKSHOP MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 5, 2009 6:00 PM I�IIli! IT] 9�11 CALL TO ORDER: The Chair called the Meeting to order at 6:00 P.M. Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos (Arrived at 6:15 P.M.) Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Building Official Todd Morley Planning and Development Director Barry Brown Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff DISCUSSION: 1. Council Reports. Mayor Randels read that Regular Meetings could be postponed, rescheduled, or cancelled by vote. Ms. Roberts asked a technical question related to the Meeting and desired to clarify that the City Council had the prerogative to begin earlier or to extend the Meetings as they desired as part of the Regular City Council Meetings. Mayor Randels read from the City Code, Section 2-58 related to City Council Meetings saying that, "Regular Meetings may be postponed, cancelled, or rescheduled by a majority vote of the City Council at a Regular Meeting." Ms. Roberts expressed her understanding of those three conditions; however, she thought that the Council had agreed to begin one hour earlier. Ms. Roberts stated that City Council Reports were a normal part of the Regular City Council business meeting. Ms. City of Cape Canaveral, Florida City Council Regular Meeting Agenda Page 2 of 7 Roberts stated her hope that the business discussed would become a part of the Minutes of the Regular business meeting, not a Workshop Meeting. Mayor Randels responded that normally no action was taken during a Workshop Meeting. Ms. Roberts clarified that it was the City Council's prerogative to begin one hour earlier or to extend the Meeting. Mayor Randels stated that how the Council could discuss non- action based business during a Workshop Meeting. However, Ms. Roberts expressed her concern with the lack of Council's prerogative to begin a Regularly scheduled Meeting earlier. Ms. Roberts stated that Council Reports are normally managed within the Regular Meeting, but the Council had not done so for several Meetings. Mayor Randels responded that the Public had the right to know if Council planned to take action on an item. Ms. Roberts conveyed her understanding that Council's Reports would be part of the Regular Meeting and not a Workshop. Ms. Roberts referred to the Minutes of April 21 st which indicated that Reports would be given, "at an earlier beginning Council Meeting." Ms. Roberts stated that the Council Reports should be part of the May 5't' Regular Meeting. Mayor Randels accepted her point and stated that the Public should be duly notified, however, if the Meeting would begin earlier. Council Member Betty Walsh • Ms. Walsh referred to digital signage and asked about using Impact Fees from the road projects to obtain one. Mr. Boucher replied that he had that discussion with Commissioner Nelson and once he obtains the final accounting on that project, then the Council could decide how they desired to utilitize those funds. • Ms. Walsh asked if there were a Master Sidewalk Plan. Mr. Boucher responded that the Plan was presented at the April 29'h Goals and Objectives Meeting. • Ms. Walsh conveyed how residents have asked about water bills. She asked who defines residential and commercial use on the water bills and also what is the relationship between the City of Cape Canaveral and the City of Cocoa. Mr. Boucher replied that the City of Cocoa acts as the City's billing and collection agent. He stated that the City of Cocoa bills for the sewer, recycling, and places Notices on the Billing. Mayor Randels clarified that Ms. Walsh wanted to know who determines whether the account is residential or commercial. The City Manager said that he would supply her with a utility rate sheet. Ms. Walsh stated how it appears that all of the condominiums were considered commercial; however, their water bills were used as residential purposes yet they were showing under commercial billing. Ms. Walsh noted that each building has its own bill and perhaps this was the reason for it being identified as commercial; however, the usage was residential. Attorney Garganese explained how the water rate depended on the meter size. He explained further how the City has a base rate and on daytime meter charge, a consumption rate. Attorney Garganese stated that the residential has a service City of Cape Canaveral, Florida City Council Regular Meeting Agenda Page 3 of 7 size, or smaller meter. Ms. Roberts brought up the unique aspect of the number of condominiums in the City of Cape Canaveral versus the City of Cocoa. Mr. Boucher affirmed that rates were predicated on meter size. Attorney Garganese informed that there was also a consumption charge which was based on a conservation step-up scale of a higher price for greater usage. Mayor Randels directed the City Manager to follow up on further information on water deposits refunded after one year. Ms. Walsh inquired about the Sand Fences and asked if the City planned to keep them or could they be sold to another municipality. Mr. Bandish responded that the fences would remain on standby; however, he checked with the other cities and no one was interested in purchasing them. Ms. Walsh stated that it would be good if the City could obtain the permits; however, the fences remain unused in the meantime. Mr. Petsos reminded of how Tropical Storm Fay caused erosion to the beach which subsequently deterred the project and he was working with an option with a State Representative to install some of them. However, their concern was trapping the sea turtles. Ms. Walsh asked when permitting could be pursued again and discussion clarified that permitting could be sought in November. Mr. Petsos stated that he, however, was seeking the permitting now. Council Member Shannon Roberts Ms. Roberts shared information from an Open House with the Brevard Job Link held at the Kennedy Space Center on May 50. This showed some of the tools and techniques they were using to help place the workforce given the anticipated shuttle program curtailment. Ms. Roberts distributed a sample for a Goals and Objective Workshop which would be Council driven, not Staff driven. She stated how this would help the Council to agree on their values as a City and this would also serve as a back drop for Staff and Council to work on specific objectives and initiatives each year. This would also assist with 5-10 year annual planning versus the current very short-term planning. This would also enable the Council and Staff to identify clearer objective leads and Council and Staff would agree with the strategies, tactics, and projects. Subsequently, the executive action of Staff would be to present to Council their project approach, their budget, their schedule, and provide the Council with results driven data. Council and staff would together monitor progress through the year. However, at this time, Council appears reactive to Staff on a daily basis and not performing strategic planning. Ms. Roberts stated that it was critical for Council to drive the City goals and objectives. Unless, the Council develops a strategic framework to conduct planning, they will continue to react to Staff which plans on a daily operational basis. Ms. Roberts presented her template as a sample for Council to consider. Ms. Roberts said that the community was looking to the Council to lead the Goals and Objectives Meeting, not Staff. Ms. Roberts stated City of Cape Canaveral, Florida City Council Regular Meeting Agenda Page 4 of 7 that this being her third year on the Council and she still did not see Council driven Goals and Objectives which was part of the Council's platform as elected officials. Mr. Petsos explained that in the past the Council was able to take on more of a Visioning role; however, that was due to the economic times and implementing any plans at this time was not as foreseeable. Ms. Roberts responded that if there was no Corporate framework for planning, the Council would remain subject to daily planning. Ms. Roberts conveyed that, in her opinion, there was no sophisticated, progressive Master Planning for the City and the community was seeking 21s' Century techniques. Ms. Roberts stated how the Council would need to agree as to how the City would move forward. In conclusion, Mayor Randels stated that the Council would schedule a Workshop on her items. [Goals and Objectives] • Ms. Roberts brought up that the City Manager was asked to perform a Self - Evaluation after the March 20tH City Council Special Meeting at which time the Council was seriously considering what they planned to do related to City Management. Those of the Council who had faith in the City Manager's ability came forward with some strategic changes and had asked for his Self -Evaluation in the process. However, Mr. Boucher has extended completing his self-evaluation from April 130 to April 23rd and the Council was now hearing May 5th and Mr. Boucher has still not completed the task. Ms. Roberts stated how the Council needed Mr. Boucher to complete his task in order to schedule the necessary meetings. She stated her concem over City management including communications back to the Council. She expressed the need for some accountability from Mr. Boucher to the Council. Mayor Randels asked when the Council could expect something back from the City Manager. Mr. Boucher stated that he submitted the updated City Council's Initiatives list. He also stated that he expended the last four business days on the Solid Waste Agreement which is a 50 -page document. He conveyed how he does not have the Staff to perform what the Council asked related to the Bid and must do the work himself. Mr. Boucher stated that he put the Self -Evaluation aside in order to complete the Bid documents. Mayor Randels asked Mr. Boucher what would be a good amount of time to complete his self-evaluation. Mr. Boucher stated that he desired to give the Self - Evaluation his best effort since it was a public document. However, at this time he could not do that in light of addressing the many action items. Ms. Roberts stated that she was expecting Mr. Boucher's Self -Evaluation subsequent to the March 20th Special Meeting considering how the Council needed reassurance that the right steps were being taken related to the City's Management. Ms. Roberts stated that the longer his Self -Evaluation was extended, the more it diverted from enabling the Council to address City management. Ms. Roberts expressed how the Council was accountable to the community. Mr. Boucher City of Cape Canaveral, Florida City Council Regular M'eeti'ng Agenda Page 5 of 7 replied that he had expended many hours Solid Waste Bid which was of greater importance. Mayor Randels asked if Mr. Boucher could begin on the Self - Evaluation one week from today. (May 5`h) Mr. Boucher stated that his priority was to complete the Solid Waste Bid considering the timeliness of this issue and afterwards he would begin to work on the next City Council Agenda Packet. Mr. Petsos stated that Council needed to hear from the City Manager's Office in order to ascertain his progress, specifically on the issue of his Self -Evaluation. If Mr. Boucher would share that information and enlighten the Council, perhaps they could understand his work load. Ms. Roberts stated that on March 20th the Council heard from the community on expectations that were real and strategic and the Council had an obligation to the community to have a responsible turnaround as it relates to the City Manager's Evaluation. Ms. Roberts conveyed that in order to achieve some of the City's strategic goals, the Council must move forward with the City's business which includes having a City Manager that could lead the City into the 21" century. Ms. Roberts stated that the City needs a City Manager who has strategic multi- tasking capability. Ms. Roberts recounted the dates of the delayed responses from the City Manager and concluded that this was highly unsatisfactory for the community, Ms. Walsh added that the Council was now 30 -days into the six-month improvement time frame subsequent to Mr. Boucher's Evaluation. Ms. Roberts stated how the City's leadership, both the Council and the City Manager, was important and involved accountability to the Council which must to timely, although she respected Mr. Boucher's intent to submit a quality Self -Evaluation. Ms. Roberts stated that, at this time, he was delaying both the City and the Council. Mr. Petsos asked Mr. Boucher to block out a time specifically to complete this task. Ms. Walsh stated that the Council brought up going to Bid on the Solid Waste Contract in January and perhaps he should have begun that project sooner. Mr. Petsos reminded, however, that the Council did not direct Mr. Boucher to go out to Bid on that Contract until a later time. Ms. Roberts stated that the City was expecting progressive, aggressive leadership at the City Management level. Ms. Roberts brought up holding a Special Evaluation Meeting immediately. She concluded with her frustration with the prolonged delay in addressing the issue. Council Member Buzz Petsos Mr. Petsos recommended scheduling a follow-up meeting with the Sheriff's Office. Mr. Petsos distributed photos of the dune crossovers. He stated that not all of the crossovers, however, were made of the Trex recycled lumber. Mr. Petsos conveyed how upgrades were needed on them. Mr. Petsos asked if there were funds for the dune crossovers. Mr. Bandish replied that he budgeted every year for City of Cape Canaveral, Florida City Council Regular Meeting Agenda Page 6of7 the dune crossovers. He stated that this year there was $20,000; however, the previous line item was eliminated before the Final Budget. Mr. Bandish distributed information on Trex recycled lumber. He informed that Trex was used for the benches in order to avoid splintering, Mr. Bandish used Harbor Heights as a cost comparative saying that if he used pressure treated lumber for the walkway only, the cost was $1,100; however, Trex would cost $6,100-$7,000. He stated that the decision was Council's could make the decision on which to purchase. Mr. Petsos asked if the City were saving on maintenance. Mr. Bandish replied that, at this time, he did not have specific comparative of using the Trex versus the pressure treated lumber. Ms. Walsh stated that the life expectancy was 7-8 times greater with the Trex. Mayor Randels added that the City must also consider the labor cost. • Mr. Petsos asked the City Clerk for a status of purchasing the GovQA software. Ms. Stills affirmed that she obtained the pricing and would distribute it to Council. • Mr. Petsos asked the Mayor if the Council had a policy related to distributing Keys to the City. Mr. Petsos stated how although he had no problem with the Mayor distributing the Keys; the Council needs to know ahead of time who would receive them. Mayor Pro Tem Bob Hoog • Mayor Pro Tem Hoog asked if the City planned to go with a new Insurance Carrier for the Employee Health Benefits. The City Clerk reminded that the Council had chosen to either hire a Human Resources Director or to outsource Human Resources services. She stated that, at this time, she had no direction on how Council chose to proceed. The Clerk reminded that two gentlemen were at the last City Council Meeting who stated that they were Health Benefits Brokers and were interested in assisting with the Employee Benefits, and of whom the Council could hire to review the current benefits. In summary, the Health Insurance decision was totally up to the Council. • Mayor Pro Tem Hoog asked if there was any new information on the Library Meeting Room. Mr. Boucher replied that he has not heard back on this issue. • Mayor Pro Tem Hoog also brought up a concern about the Sheriff's Office coming away from the Port. Ms. Walsh asked if this was related to the Port or Security at the Cruise Terminals. Mayor Pro Tem Hoog desired to know the impact this would have on the City's Contract, Ms. Roberts conveyed that she spoke with Commissioner MacLouth who explained that this was predominately directed toward the Cruise Terminals. Mr. Petsos recommended inviting Commissioner MacLouth speak at the upcoming City Council Meetings. Mr. Boucher took note. Mayor Randels City of Cape Canaveral, Florida City Council Regular Meeting Agenda Page 7 of 7 Mayor Randels referred to Resolution No. 2007-38 a "Code of Conduct" related to the City Council Meetings. Mayor Randels noted that the Resolution presented good business concepts for the Council to follow in order to complete business. ADJOURNMENT: There being no further business, the Chair adjoumed the Meeting at 6:57 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 5, 2009 7:00 PM CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager City Attorney City Clerk Public Works Director Recreation Director Planning and Development Director REPORTS: MINUTES Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Susan Stills Walter Bandish Robert Lefever Barry Brown City Manager • Mr. Boucher disclosed a breach in Public Trust committed by Mayor Rocky Randels, Council Member Shannon Roberts and Council Member Betty Walsh as a result of a 10 -minute conversation that they held after the Regular City Council Meeting of April 7th. Ms. Roberts requested a copy of the April 71' Meeting. Mr. Boucher replied that it was Public Record. Mr. Boucher stated in the course of the conversation, the Form that was spoken of in the conversation was subsequently E-mailed to him to use as a Management tool. Ms. Roberts responded Ms. Walsh had provided him something that he could use and which was a beneficial tool. Mr. Boucher stated that the City Council, however, was under the Sunshine Law and the conversation did not provide him due recourse of the subject matter. Ms. Roberts stated that the intent of the discussion was to help the City Manager. Mr. Boucher stated that the Council needed to ask the City Attorney what were the ramifications of violating the Sunshine Law. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 2 of 11 The City Attorney stated that the City Manager could play the portion of the Meeting since the he disclosed the subject. (The portion of the recording was played for the audience.) Subsequent to hearing the audio, Mayor Randels stated that he did not hear anything in the discussion that was in violation of the Sunshine Law. Mayor Randels asked the City Attorney what constitutes violations of a Sunshine Law. Attorney Garganese stated that the technical threshold of the Sunshine Law was to not speak about any issues that could come before the Council. Mayor Pro Tem Hoog stated that these were items which the Council had spoken about before and the document which Ms. Walsh gave Mr. Boucher was also discussed before. Mayor Randels mentioned that many others were present in the room saying that he heard much conversation in the background. Mr. Frank Kuhn asked if the microphones were turned off. Mayor Randels replied that they were when the City Clerk turns them off; however, they have been left on previously after the meetings. Mr. Kuhn stated that there might have been a violation of Federal Law of recording confidential conversations. Mayor Pro Tem Hoog stated that anything up here [around the dais] was not enclosed. Mayor Randels replied that the Council was subject to everything whenever up here [at the dais]. Mr. Kuhn asked if the Council planned to vote on the City Manager within the next year. Mayor Pro Tem Hoog replied that they did not know. Mr. Kuhn then questioned how the City of Cape Canaveral pays $100,000 for a person who supervises 50 employees. Mr. Nicholas expressed that this was a grave accusation and the Council needed to investigate further where they stand. He encouraged them to not delay. Mr. Nicholas stated that he had no doubts or qualms, however, about anyone on the dais. He said that the accusation was most unfortunate; however, public officials operate under certain guidelines. Mr. Kuhn suggested another attorney. Mr. Petsos requested another copy of the Meeting. In conclusion, Mr. Boucher stated that three Council Members were discussing his management style which they planned to discuss during his Performance Evaluation. Attorney Garganese stated that all discussion should be kept from gavel to gavel assuming that all of which would be discussed would come before the Council. He informed that there were potential civil and criminal violations and he advised them as a group as to what their responsibilities were and he advised them that they were at liberty to obtain another legal counsel. Mr. Boucher announced that City Staff would attend an Economic Stimulus Summit in Orlando on May 15`h. Mr. Boucher announced that a Homeowners Association, Ocean Gardens, decided to humanely transfer some of the peacocks. Mayor Randels informed that the Ocean Gardens HOA had spoken with a farm in the Carolinas. Mr. Petsos City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 3 of 11 stated that these homeowners were taking a proactive approach. Mr. Donald Dunn expressed his favor with the birds to which another resident agreed. Mr. Leo Nicholas related on the birds consistent screeching. Ms. Joyce Hamilton disclosed that a gentleman on Merritt Island has a 100 -acre property and he would be willing to accept more of the birds should the City desire to do so. Mr. Nicholas clarified that although he found the birds to be a nuisance, he would not harm them. Mayor Pro Tem Hoog asked the City Attomey of potential endangerment of a driver, in the course of avoiding a peacock, injuring a pedestrian. Attomey Garganese responded that the City could take some action to abate the nuisance. STAFF Public Works Director Mr. Bandish announced that there was $15,000 set aside in the Budget for Holiday Decorations. As a result of discussion with the Beautification Board, they recommended not to purchase any new decorations as a cost saving effort for the City. Planning and Development Director Mr. Brown announced the beginning of the Community Visioning Meeting on Thursday, May 14th at 6 P.M. at the Radisson Convention Center. He stated that color flyers were available for city wide distribution. Ms. Roberts questioned if Mr. Brown planned to submit the Marketing Plan from either Mr. Phil Laurien, of the Florida East Coast Regional Planning Council, or Ms. Shelle Lawton, of My Region,org. Mr. Brown replied that the [Marketing] Plan did not come from these individuals; however, he did have a Plan that he has been following. He encouraged the audience to visit the web site and he informed that Ms. Melora Foley, Visioning Committee Member and his Administrative Assistant, Susan Chapman would meet to connect the "splash" [flyer information] on the Home Page to the rest of the Visioning Information. Mr. Brown informed that the announcement for the March 14th Meeting would appear on both sides of the City Hall marquee. Mr. Brown informed that Communications Concepts Inc, would provide the video equipment which will be aired on Space Coast Government Television. Mr. Brown also informed that he would meet with the Kiwanis Club on Wednesday morning, May 13th Ms. Roberts asked if dates were scheduled for the entirety of the project, or were meetings scheduled from one meeting to the next. Mr. Brown replied that the Committee may schedule their next meeting on May 14`h or develop the entire City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 4 of 11 schedule that day. Ms. Roberts pointed out that Ms. Lawton would develop the Communication Strategy and Implementation Plan. Ms. Lawton would also bring to the City some creative new strategies or techniques to involve the community. Mr. Brown conveyed, on Ms. Lawton's behalf, that the most effective way to garner community involvement was for people to ask their friends, neighbors, and co-workers to attend the meeting. Each Visioning Committee Member was charged with asking ten of their friends, co-workers, and neighbors to attend. Mr. Brown emphasized that inviting people was the most effective strategy. Ms. Roberts asked if the Radisson planned to place a notice on their sign. Mr. Brown took note of her comment. Recreation Director Mr. Lefever announced the following: • The Annual Inter -Squad Scrimmage at Canaveral City Park on Friday, May 8t' at 6:30 P.M. • A Magic Show with John Anderson on Saturday, May 91h from 11 A.M. — 1 P.M. Admission is Free. • Registration for Summer Camp which is ongoing. • The May Newsletter, "The Recreator," was distributed. • Flyers for Recreation Events were available in the Council Chambers. • Mr. Lefever distributed three quotes related to catering of the Board Appreciation Dinner from: Trevor's Blue Toucan, Etch Art, LLC, and Boston Beef and Seafood. These were all Cape Canaveral vendors. He requested a decision from the Council. Ms. Roberts asked how much was expended for the dinners at the Radisson and was told $25.95. A brief discussion took into consideration the set-up and clean-up service. Mr. Lefever explained that Trevor's Restaurant could provide a beer and wine cash bar available for individual purchase but they also had their smoothie frozen drinks too. Mr. Lefever said that he would present the cash bar information with the Outdoor Entertainment Permit. Mr. Lefever clarified that the City was not paying for any portion of the cash bar. Mr. Lefever also clarified that no taxes would apply since the City was tax exempt. He also informed that he would set $50 aside for decorations and that he also planned to buy a cake. Ms. Roberts requested that Mr. Lefever seek a Cape Canaveral bakery for the cake. Mayor Pro Tem Hoog questioned the entertainment. Mr. Lefever replied the D.J. would entertain from the Boardwalk while the guests remain under the pavilion. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog for Trevor's Blue Toucan to Cater the Annual Board Appreciation Event. The vote on the motion carried 5-0 with voting as follows: Mayor City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 5 of 11 Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, For and Ms. Walsh, For. City Clerk • The City Clerk distributed the previous year's photo acknowledging the Annual League of Cities Conference in August. Council decided to use the half -page black and white photo. Business & Cultural Development Board Report • Ms. Joanne Muncey distributed an abbreviated list of the Redevelopment Plan items to the Council. This was done in an effort to assist them during upcoming Redevelopment Plan Meeting. Mayor Randels announced the Redevelopment Plan Workshop on Thursday, May 7th at 5:30 P.M. Mr. Petsos informed that he would be late for this meeting. Ms. Muncey pointed out that the Meeting's Agenda Packet was available on the web site. AUDIENCE TO BE HEARD: 7:30 p.m. — 7:45 p.m. • Mr. Ray Osborne of 209 Holman Road asked if all of the data collected from the University of Central Florida [UCF] Business Survey was planned for use with the Visioning session. Mr. Boucher replied that the UCF information became part of the Comprehensive Plan - Evaluation and Appraisal Report. Ms. Joyce Hamilton recommended that Mr. Osborne attend the Visioning Meeting on Thursday, May 14th at the Radisson Conference Center and to include what he presented to the Council if it was not brought up. Mr. Frank Kuhn requested a list of the City employees including their benefits. Mr. Kuhn also expressed the following concerns: o The City pays a great amount for positions which do not equate with that of cities of greater size. o He was informed that Mr. Boucher has an employment Contract which cannot be broken. o He has telephoned City Hall many times and is told that Mr. Boucher was out to lunch and that he usually works late. However, when Mr. Kuhn came by City Hall after hours, Mr. Boucher was not there. o Mr. Boucher should be put on a time clock. o He requested a copy of the April 7t' City Council Meeting disk for his personal legal counsel to listen to it, as well as the legal counsel of the Indian Reservation, with whom he does business. o He would address the Sheriff's Office Contract, and other ways that the City was wasting money, at another time. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 6 of 11 Mayor Randels replied that he would obtain a copy of the City Managers contract for Mr. Kuhn as well as the employees' salaries. CONSENT AGENDA: 7:45 p.m. — 7:55 p.m. 1. City Council Regular Meetings Minutes of April 7, 2009 and April 21, 2009. 2. Motion to Approve: Resolution No. 2009-12, Appointing an Alternate Member to the Board of Adjustment, D. Raymond. 3. Motion to Approve: Resolution No. 2009-13, Appointing an Alternate Member to the Recreation Board, D. Raymond. 4. Motion to Approve: Resolution No. 2009-14, Appointing a Regular Member to the Community Appearance Board, L Brown. 5. Motion to Approve: Proclamation in Honor of National Public Works Week; May 17 through May 23, 2009. 6. Motion to Approve: Renewal of Contract for Additional Year of Service with Black's Spray Service; June 1, 2009 — May 21, 2010. Mayor Randels asked if any Council Member, Staff or interested party desired to remove any of the items for discussion. Ms. Roberts requested to remove Items No. 9 and 5. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to approve Items No. 2, 3, 4 and 6. 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. Ms. Roberts referred to the second page of the Proposed Modifications of the April 21St Meeting Minutes. Attorney Garganese clarified his statement on Page 12 saying that, "this document was not a Redevelopment Plan under the Florida Redevelopment Act." The City Clerk took note. Ms. Roberts asked if there were any clarifications on what the City planned to do on the Library Lease Agreement. Mr. Boucher replied that no direction specific was given from the Council, Ms. Roberts requested to place this on the next City Council Meeting Agenda in order for the Council to give the City Manager guidance on the matter. Mayor Randels brought out that he was keeping a list of items that would become future City Council Agenda items. Ms. Roberts asked a technical question related to the City Council Meeting start time and asked if beginning at 6:00 P.M. constituted a full rescheduling of the Meeting or was it a refinement of the regular start time. Attorney Garganese affirmed that it was a refinement of the regular starting time. Attorney Garganese City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 7 of 11 clarified that if the Meeting was schedule to begin one hour earlier, then it could be done procedurally by consensus with no other action required. • Ms. Roberts asked if the City planned to celebrate the contributions of the Public Works team. Mr. Bandish informed that the Department holds an Open House at the Water Reclamation Plant and refreshments would be available. For the record, the City Council expressed their appreciation of the Public Works employees. Mr. Boucher recommended that City Council Members stop by and express their appreciation during the Open House week. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 with Proposed Modifications and 5. 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. CONSIDERATION: 7:55 p.m. — 8:30 p.m. 7. Motion to Approve: Settlement Agreement at Mediation, City of Cape Canaveral v. Hans and Marianne Saurenmann. Mayor Randels read from the Agenda Report Summary as follows: That the City Council consider approval of the attached Settlement Agreement at Mediation. He read from the Agenda Report Financial Impact as follows: The Litigation and Mediation was covered by the Florida League of Cities, the City insurance carrier. City Council received an Attorney/ Client Form from the City Attorney which advised that the Litigation was still pending. Attomey Garganese informed that a full-day mediation was held regarding this case of which Council would address the resulting Settlement Agreement. Attorney Garganese recounted how: 1) The citizen attempted to begin construction an addition on his home without obtaining the requisite Building Permits. 2) The Building Official subsequently issued a Cease and Desist. 3) The property owner did not abide by the Cease and Desist and forced the City to seek an injunction to enjoin him from building without the requisite permits. 4) The City was successful in obtaining the injunction against him to stop the construction. 5) The resident retained the services of an Attorney and made several counterclaims against the City challenging some long standing easements that traversed his property. 6) Those easements, however, were ascertained as valid. This Settlement Agreement gets this property owner to come into compliance by obtaining the requisite building permits and discussion has acknowledged that any easements which the City had to traverse the property are valid. There were some other technical issues City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 8 of 11 related to outstanding Code Enforcement Liens which would come to the Council at a later date. The City's Insurer has agreed to $2,500 contribution to the property owner to make this settlement occur. There is an unused easement traversing the property owner's property and the Settlement Agreement would require that the City release that easement. Attomey Garganese recommended settling this case on favorable terms. Ms. Roberts asked if this would set a precedent for other property owners. Attomey Garganese stated: 1) a property owner needs to obtain the requisite Building Permits to perform construction, otherwise the Building Official will issue a cease and desist and the City was successful in obtaining an Injunction against this individual, and 2), as far as precedence setting regarding the Lien Reduction, it was made very clear, that he could present a Lien Reduction to the Council and it was up to the Council's discretion if they desired to reduce that Lien. Attomey Garganese stated further that Staff would make a recommendation that the Council reduce the Lien by no less than the amount required for the City to recover all reasonable cost of the prosecution before the Code Board, which historically has been the Council's position. Attorney Garganese restated that he did not see that this would set a precedent. He explained how the City has vacated that easement for other property owners in this subdivision as the City was simply asking for yet another easement in exchange for where the pipe was located. Every other property owner that the City approached agreed with the exchange except this property owner. This action brings the last property owner into the same condition as all the others. Mr. Nicholas expressed his lack of understanding in how the individual built without a permit but was being given $2,500 for breaking the law. Mayor Randels assured that the City concluding the issue in a beneficial manner. Mr. Nicholas stated that the City appeared to gain no more than an easement. Mayor Randels replied that the Insurance Company recommended settling the case. Mr. Nicholas inquired of the amount of the Code violation to which Mayor Pro Tem Hoog responded $38,000. Mayor Pro Tem Hoog asked if the imposed Lien was still in force until his compliance was met with this Court Order. Attomey Garganese affirmed. Mayor Pro Tem Hoog then asked if he would subsequently ask the Council for a Reduction of Lien. Therefore what bearing does that action have on this Settlement? Attomey Garganese explained that the property owner could 1) Bring the property into compliance and then he could make the proper application for a Reduction and Satisfaction of the lien. 2) Then Staff would make a recommendation to the Code Enforcement Board and the Council for a Reduction of Lien of an amount in agreement with the cost of prosecuting the case before the Code Board. However, Staffs recommendation was not binding on the Code Board or the City Council. 3) When that Application comes before the Council, it would be at the Council's discretion to dispense with it. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 9 of 11 This case is of such that the City was in the right all along; however, this property owner decided that it was in his best interest to challenge the City. Mayor Pro Tem Hoog inquired about the pending litigation. Attomey Garganese affirmed that this Settlement Agreement required City Council approval. If the Council approved it, the dates would be resolved according to the terms of the Settlement; if not, the dates would continue. Mayor Pro Tem Hoog clarified that he was attempting to ascertain if and how the Settlement was related to the Lien. Attorney Garganese restated that the individual had to come into compliance to stop the Lien from accruing then he had the right to seek a Lien reduction. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve a Settlement Agreement at Mediation for the City of Cape Canaveral v. Hans and Marianne Saurenmann. 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. 8. Motion to Approve: Oral History Project Change Order in the Amount of $12,000. Mayor Randels explained the necessity of this Change Order which included three additional interviews of: Joan Calvert, Joy Salamone, and John Pekar. Ms. Roberts asked a better understanding of Mr. Stanley's final product. Ms. Walsh asked if the final projected cost, $33,000, would be the end of the amount expended. Mayor Randels reminded of the anticipated reproduction costs. Mr. Boucher reminded that at the Apol 7`h Workshop Meeting the City Council received Mr. Stanley's outline of the different stories and the Council wanted him to go back and discuss some of the earlier history. Mr. Boucher would ascertain if the total time would be comprised of 60 or 90 minutes. Ms. Roberts reminded that this project was to include a video, audio, with a complimentary copy to the participants, and placement on the City's web site which Staff could perform. Ms. Roberts recommended that this Change Order count as Phase I. Mr. Boucher stated that this would complete Tasks I, II, and III and then the additional task of the final production, Ms. Roberts expressed her concern with the open-endedness of this Contract without an anticipation of the end result produce. Ms. Roberts requested to know what was Mr. Stanley's next Task and what the City could anticipate as the resulting product. Ms. Walsh asked for clarification of the $39,000 figure. Mayor Randels explained that the original estimate related to editing 10 -hours of interview footage and supporting footage. However, at this point, Mr. Stanley has completed 28 hours of interviews and 5 -hours of supporting footage. Mayor Pro Tem Hoog, at this point, reminded of the open-endedness Contract at the time of the Proposal award. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 10 of 11 Mr. Ray Osbome reminded that $23,000 was the amount agreed on. Mr. Osbome asked why Mr. Boucher thought that that three proposed interviews were important and he reminded that he had asked that the Council hear from Ms. Roz Foster of the North Brevard Historical Commission before going any further. Mr. Osborne informed that Mr. Stanley did do some work no charge work for the City of Satellite during their history video shooting. Mr. Boucher responded that Ms. Calvert and Ms. Salamone were two former Council Members. Mr. Petsos asked if the Council had discussed those three named individuals at the April 7u' Workshop Meeting. Mayor Randels affirmed that Mr. Stanley did mention those names. Mr. Boucher replied that this Item could be tabled until the next City Council Meeting on May 19th and Mr. Stanley could be present to answer any questions. City Council agreed. Ms. Roberts added to obtain the details of the completed project in writing from Mr. Stanley. DISCUSSION: 8:30 p.m. -- 9:15 p.m. 9. Charter Review Committee. Mayor Randels explained that the City Council adopted a Resolution to create a Charter Review Committee. The City Clerk provided tentative date in a work schedule. Mayor Randels conveyed that the Committee has a year to work through the Charter. Ms. Walsh asked if the dates could change. Mayor Randels assured that the dates were tentative. Mr. Garboski asked if the Charter Review Committee was subject to Sunshine Law. Council agreed that Meeting were subject to Sunshine Law. Mr. Petsos reminded of that names were required as selections for the Committee. Mr. Boucher informed that an application and the Work Schedule would be placed on the web site. A motion was made by Ms. Walsh and seconded by Mr. Petsos to Accept the Tentative Work Schedule. 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. 10. Edward Byrne Memorial Justice Assistance Grant Program. Mayor Randels explained how this year Grant recipients have the flexibility to implement projects in any of the seven specified areas: law enforcement; prosecution and court; prevention and education; corrections; drug treatment; planning, evaluation, and technology improvements; and crime victim and witness programs Mr. Boucher conveyed that subject matter could be part of the upcoming Workshop with the Sheriff's Office. Mr. Petsos expressed the benefit of hearing from the Commander on this Grant. Mr. Petsos pointed out that the $17,000 could remain with the City regardless of what the Sheriffs Office would use. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 5, 2009 Page 11 of 11 Mr. Boucher stated that no action was needed at this time. This item was brought up merely for informational purposes. Mr. Petsos clarified how in the past the entire fund was given to the Sheriff's Office and they would administer the fund. ADJOURNMENT: There being no further business, the Chair adjoumed the Meeting at 9:30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 19, 2009 7:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to order at 7 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Member Council Member Others Present: City Manager City Attomey City Clerk Recreation Director PRESENTATION: 7:00 p.m. — 7:15 p.m. Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Bennett Boucher Anthony Garganese Susan Stills Robert Lefever Port Canaveral Activities and News — Malcolm McLouth, Commissioner Mayor Randels introduced Commissioner Malcolm McLouth of Canaveral Port Authority. Commissioner McLouth informed that he had worked with the Port Authority for 40 years. He congratulated the City on its recent Visioning Committee meeting and recognized how the residents play an active role in shaping the City's future. Commissioner McLouth reminded that the City and the Port share a common boundary as well as the Cape Canaveral Volunteer Fire Department and the Brevard County Sheriff's Offices services. Commissioner McLouth highlighted the following activities: • The arrival of the Freedom of the Seas and the Carnival Dream which would arrive in November 2009. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 2 of 13 • The Disney Terminal would expand and they were building a new parking garage in June. Disney's two new ships would arrive in 2011 and 2012. • New tank farms located securely away from the City's boundaries. • The Blue Points Marina which recently opened and was registering small craft. • An extension campus Barry University planned to move onto the Port property. • The Port planned to enlarge a channel from 400 to 500 -feet with the help of the Army Corps of Engineers. • The George King Blvd road widening in which eight Bids were submitted and the Bid award would occur on May 27h. He said that there was, however, no stimulus funding for Port Authorities so the Port fully funded this project. • The Cruise Terminal parking garage was also Bid for refurbishing of its artwork. • The Port owned part of the right-of-way on Columbia Road and he stated that the Port Authority would be willing to work with the City for an extension of Columbia Road to give direct access to the Fire Department and the industrial area. • He expressed that he is an avid bicyclist and commented on areas in need of contiguous bike paths. • He noted the refurbished Cove area. • And an anticipated 26 -acre hotel complex. He concluded that there were no plans for a fourth major terminal. Ms. Roberts asked when he anticipated seeing the completion of the George King Boulevard road widening to which he replied in early 2010. Commissioner McLouth affirmed that he conveyed the need for the 35 -per -hour speed limits along that road as a result of suggestions from Ms. Roberts. Ms. Dianne Marcum, of the Business and Cultural Development Board, asked him in terms of sales, resort, and property taxes, what was the difference between businesses located in the City and a business located in the Port. Commissioner McLouth replied that the basic difference was that the land in the Port was not taxed; however, the buildings are taxed and sales and resort taxes are also paid. Mr. Ray Osbome, of Holman Road, asked if there were any plans for a Maritime Museum. Commissioner McLouth affirmed that the Port was collecting memorabilia and he invited the audience to submit items to the collection. Mr. Leo Nicholas, of Harbor Heights, asked if Homeland Security required a more stringent security process at the Port. Commissioner McLouth replied that the Port's security costs were well over $3 million and the Port works aggressively to maintain the land boundary side of security; however the Coast Guard has jurisdiction over the water. Commissioner McLouth stated that the Port hired professionals to coordinate the activities of the different regulatory agencies. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 3 of 13 Ms. Walsh asked to know if there were any plans for the former Ryan's restaurant. Commissioner McLouth replied that the Commission planned to enhance all of the Cove area to become a major attraction. Mr. Tom Garboski, of Surf Drive, asked if businesses were exempt from concurrency fees. Commissioner McLouth replied that there was an initial exemption, unless they were seeking sewer and water connection. Ms. Roberts mentioned efforts toward joint recycling and off -shore dumping as two concerns. Commissioner McLouth informed that point three -miles off shore was under Federal jurisdiction and subsequently the authority of the United States Coast Guard. Commissioner McLouth conveyed that Port Canaveral was one of the cleanest port areas. On a final note, Mr. Petsos requested that the Port Commission monitor portside gambling since many residents had expressed their disfavor with its subsequent activity. REPORTS: 7:15 p.m. — 7:30 p.m. CITY MANAGER • Mr. Boucher reported that he and some of Staff attended an Economic Stimulus meeting in Orlando. The Federal funding, however, was filtered to State programs. Mr. Boucher stated that it appears that small cities were being shut out and he encouraged the Council to monitor two grants web sites. He would maintain confidence for the Fire Department grant. Ms. Roberts pointed out that Mr. Boucher had also noticed no Federal representation at the meeting. • Mr. Boucher reported on a successful Visioning Committee meeting with 140 persons in attendance. Mr. Brown would submit the video done by Communication Concepts Inc. to the Space Coast Government Television. • Mr. Boucher reported that Staff was working on their various lists related to Hurricane Preparation. In response to Ms. Walsh, he said that the information would be made available on the City web site. STAFF Recreation Director No report. City Treasurer No report. City Clerk No report. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 4 of 13 City Attorney Attorney Garganese acknowledged a settlement in the Tripple J litigation. He asked if the Council were interested in an Attorney -Client session. Attorney Garganese would coordinate a Meeting date with the City Clerk and the City Manager's Office. BUSINESS AND CULTURAL DEVELOPMENT BOARD REPORT No report. AUDIENCE TO BE HEARD: 7.30 p.m. — 7.45 p.m. Mr. Ray Osborne pointed out that the Visioning Committee Meeting brought out predominately what the City wants; however, he suggested that the Council consider the City's needs. o He pointed out how the City was in need of a conservative fiscal policy given the economic times. c He also suggested a vacant building fee assessment. Mr. Osborne asked if the Visioning Committee planned to discuss energy conservation concepts such as the wind farm being used in Atlantic City. Ms. Marcum responded that the first Visioning Meeting focused on brainstorming ideas and other concepts would be planned for later discussion. CONSENT AGENDA: 7:4 5 p.m. — 8:00 p.m. Motion to Approve: Resolution No. 2009-15, Appointing Two Regular Members to the Business & Cultural Development Board, J. Craig and P. Pritchard. 2. Motion to Approve: Resolution No. 2009-16, Appointing an Alternate Member as a Regular Member and a Second Alternate Member as a First Alternate Member to the Code Enforcement Board, L. Mars and R. Lotspeich. 3. Motion to Approve: Proclamation in Honor of Management Week; June through June 6, 2009. 4. Motion to Approve: Outdoor Entertainment Permit for the Advisory Board Recognition Dinner at Manatee Park, Saturday, May 30, 2009. Ms. Roberts asked to withdraw items No. 3 and 4. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 and 2. 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. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 5 of 13 3. Motion to Approve: Proclamation in Honor of Management Week; June 1 through June 6, 2009. 4. Motion to Approve: Outdoor Entertainment Permit for the Advisory Board Recognition Dinner at Manatee Park, Saturday, May 30, 2009. Ms. Roberts asked what the City Manager planned by way of acknowledging the City's Management Staff. Mr. Boucher replied that he would find that out during the Staff Meeting the following day. Ms. Roberts questioned a rain date for the Advisory Board recognition event. Mr. Lefever reminded that the event would be held under the pavilion and the D.J. would be under the board walk. Mr. Nicholas reminded that the food vendor needed notification in sufficient time in advance if the date changed due to the perishable nature of his prod uct. A motion was made by Ms. Roberts and seconded by Ms. Walsh to Approve Consent Agenda Items No. 3 and 4. 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: 8:00 p.m. — 9:15 p.m. 5. Motion to Approve: CAFR Presentation for the Fiscal Year 2007108. Andrea Bowers, City Treasurer, informed that the copy of the Comprehensive Annual Financial Report [CAFR] which the City Council received would be available on the City web site in the morning. She introduced Ms. Yvonne Claybome, who would present the audit report and Ms. Jill Reas. Ms. Claybome opened with a review of the document's structure: the Introduction which included the Transmittal Letter and Organization Information; Financial Section beginning with the Audit Report; Year Ending September 30, 2008 conducted under Generally Accepted Auditing Standards and Government Auditing Standards; and the Management Discussion and Analysis which is written by City Staff. Ms. Claybome reviewed the Compliance Section. The City's Compliance was tested with laws, regulations, contracts, and grants and they reviewed internal controls over financial recording for purposes of evaluating the internal controls for Risk Assessment. There were no instances of non -compliances and no material weaknesses of internal control. Ms. Claybome referred to Appendix A which included the current year Management comments. These do not come to the level of a material weakness or significant City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 6 of 13 deficiency. These were included to improve operational activities related to financial reporting. The prior year's status comments were also included. There were three comments this year two of them were related to Information Technology. The firm brought in an IT expert to address this area. She explained how due to the City's small size, the City must consider other mitigating controls to ensure that it was operating with integrity considering the lack of segregation of duties in a small organization. City Management must also prepare system documentation, its policies and procedures, and the structure of the IT system. Ms. Claybome was told that this was underway and she would follow-up in the following year related to the action plan. Sewer Fund Operating Losses was the third comment. Ms. Claybome recommended that the City Council address any losses while there was an opportunity for changes and to continue to maintain the Sewer Fund as a self-funded operation, building sufficient reserves for capital replacement and catastrophic event mitigation without using tax reserves. Financial Highlights: A 3 -year overview of the City's Revenue as follows: • Greatest Revenue stream — Ad Valorem taxes, Sales tax and other taxes. These decreased as well as licenses for permits. • Charges for services remained steady. • Shared revenues were also being reduced. • Public Safety — Law Enforcement and Fire Services - were the largest expense, which was typical of most municipalities. • General Government Funds decreased; however, City Management was doing more with less and controlling costs by monitoring its Capital Outlay. • Parks and Recreation was holding steady; they reduced their Budget this year. • Public Works was maintaining their levels of services while controlling costs. Sewer Fund: After 2005, Expenses have been outpacing Revenues. Ms. Claybome again cautioned the Council to monitor this progression. Taxable,Valye: Assessed value decreased by 5 percent between 2007 and 2008. From a relative perspective, the City was behind other municipalities. M_il age Rate; Millage was approximately 2. [7816]. Buildinq Permits: Permit activity has declined since 2004. City Council needs to concentrate on its revenue sources in the absence of this activity. M's. Claybome reported that the City has been without Bonded Debt since 1999. There was still the State Revolving Loan related to the Reclaimed Water Plant upgrade. Ms. Claybome reported that she did not provide benchmarks since the Financial Conditional Assessment Tool relied on 2007 data which was markedly different from City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 7 of 13 2008 when economic conditions were severely impacted. This would make it appear that the City was underperforming and it was not. Ms. Roberts stated that the City Council and Management Staff was seeking improvements for its Management Systems and she asked Ms. Claybome for her perspective as they related to documenting the City operations. Ms. Claybome replied that in the use of the new Software system, the firm saw the City moving toward integration among processes and Departments. There was some resource sharing that was not previously available and although all aspects of the system were not fully functional, there was a progression toward improvement. Mr. Ray Osborne, of Holman Road, asked if any other City was utilizing some revenue source that Cape Canaveral had not yet considered. Ms. Claybome replied that the firm had not reviewed and compared the City against another municipal Peer Group related to generating additional revenue stream. However, she noted this as a beneficial concept. Mr. Osborne also addressed revenue streams related to tourism. Ms. Clayborne conveyed her feedback from others in the hotel and restaurant industry saying that the City's low occupancy rate was comparable to others in the industry. Mayor Randels referred back to the Sewer Fund Operating Revenues and Expenses and clarified that the Council approved Rate studies in 2060 and 2007 and the Council had chosen not to raise the sewer rates which resulted in those figures. Ms. Claybome responded that Assessment Fees, which were limited to Capital Expansion, were not included in those numbers. Ms. Claybome expounded on the competitive nature of Grant Funding and most grants required matching dollars; therefore, a cost was associated with obtaining a grant. Ms. Clayborne reviewed some of the new accounting standards applicable to the City related to Health Insurance in which active retirees, under State Requirements, were to have access to health coverage and how this would create an unfunded liability line item. The commercial sector already performs this type of accounting. Mr. Osborne referred to his Green Paper which outlined alternative energy sources related to the Sewer Plants in an effort to increase the City's revenue over expenses. Ms. Marcum referred to the statement that the City's decrease in property value was five percent. Ms. Claybome replied that multi -family and condominiums account for a large percentage of Cape Canaveral's tax base. Mr. Paul Pritchard, of the Business and Cultural Development Board, asked if the City would seek to borrow money in light of its no -debt status. Ms. Clayborne responded that the intent of the borrowing was an essential component of that decision. Ms. Claybome explained that some intergovernmental revenue streams could not be pledged, but all credit vehicles for governments have some type of collateralized revenue stream and that will drive the City's capacity for borrowing along with the intent of the borrowing. Ms. Walsh asked about the term of the State Revolving Loan. Ms. Bowers responded 2015, City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 8 of 13 Ms. Bowers informed that there were CAFR's at the Library, she could supply them at her office, and they were also on the City's web site. In reference to the comments on Page 7, Mr. Petsos stated that he would like to see the referred to synopsis during the Cites Budget Workshops. In closing, Ms. Bowers noted changes to the Budget document format this year. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the CAFR Presentation for the Fiscal Year 200712008. 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. 6. Motion to Approve: RFP 01-2009, Garbage and Recycling Collection Services. Ms. Roberts requested a highlight of the changes from the previous contract to this one. Mr. Boucher replied that Proposal was for a Level of Service. The City was bidding the same Level of Service for residential as a base Bid and the Alternative Bid would be the same as the base Bid with a change from a 14 -gallon recycle bin to a once per week Cart. The second Alternative Bid was for a pick up every other week for the recycling Cart. These were the three Alternatives in the Bidding. Ms. Roberts asked if the Level of Service would remain the same in terms frequency of recycling. Mr. Boucher affirmed that it would remain the same or the Council could modify alternatives for single-family. With multi -family and condominiums, however, twice per week was the anticipated number of pick-ups. Ms. Walsh asked if the separate contracts which the condominiums paid for themselves would remain the same. Mr. Boucher replied that these would Dome under the Franchise Agreement. Ms. Walsh conveyed that she personally worked with one which was charged per service, not per week. Mr. Boucher replied that communities would have the option to receive compactor or front-end loader service and could choose what was economically feasible for them. Mr. Boucher referred to Page 39 of the pricing sheet as a data source. Mr. Boucher informed that he retained Mr. Bill Redman of Redmond Consulting Group for assistance with the Proposal process since this was the first time the City was seeking for this service. Mr. Boucher asked to review Memorandum which outlined the highlights of the Proposal. Mr. Petsos noted a Level of Service change with the elimination of a pick-up after holidays. Mr. Petsos requested a change of language in the Drug Free Workplace policy related to only prohibiting unlawful drugs only while at work or in transit to and from work. Mr. Petsos also requested changing Section 3.03 related to familiarization with the pick-up service to, prior to the start-up of service, not 45 -days after. Mr. Petsos also questioned if the City expected the firm to pick up dead animals within 24 -hours. Ms. Roberts again requested to see the highlighted portions of the proposed changes. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 9 of 13 Mr. Boucher reviewed some of the major Bid highlights: • The RFP seeks to secure firm pricing of garbage and recyclable material collection for all residents, City facilities, and City -sponsored events; • The intent and purpose of this bid is to ensure the efficient, helpful, and aesthetic operation of an exclusive garbage and recyclable materials collection service consistent with the terms and conditions of this bid; • The existing garbage and recyclable collection service Franchise has a value of approximately $915,000 and expires September 30, 2009. • The first year requires a 50 percent Performance Bond of the estimated contract price; after the first year, they could request a reduction of no less than 25 percent. • The contract provides for an initial 7 year term with renewal options. Most of the current Agreements were 7 to 10 years. Mr. Bill Redman, of the Redmond Consulting Group introduced himself. In reference to the dead animal issue, Mr. Redmond stated that this type of pick-up was standard in a contract. Ms. Roberts asked who picked them up now to which Mr. Boucher replied Brevard County Animal Control. Mr. Redman explained the individual truck price increase now required an amortization schedule which would give the City a better rate. Attomey Garganese explained how longer contracts, from 5 to 7 years, allowed for this equipment amortization. Ms. Roberts asked if the City requires the current Contractor to have new equipment over a given number of years. Mr. Boucher replied that they submit an Annual Maintenance as well as a replacement schedule. Mr. Nicholas suggested having new versus used equipment as a Bid option. Mr. Redman conveyed some of the issues related to the use of a front, side, or rear loading vehicle. Ms. Roberts asked if the City planned to implement the Green initiative education program. Mr. Boucher stated that this is a new program and it is not in the existing contract nor does the current company provide Green education as a service. Mr. Petsos asked if recycling was required from the condominiums. Mr. Redman replied that encouraging recycling worked better than attempting to enforce recycling. Mr. Boucher noted that the Proposal was seeking for Carts and containers that use recyclable materials and vehicles that use bio -fuels. This, however, might increase the initial cost. Mr. Redman replied to Mr. Boucher that increases in Franchise Fees were from 10 to 25 percent. Some Council Member pointed that this might result in a rate increase. Mr. Redman described how the Consumer Price Index is applied to pricing. Ms. Roberts asked if there were any sample documents from another City. Mr. Redman replied that there were no cities in Brevard County who had gone out for Bid. Attorney Garganese stated that it was up to the Council to establish a rate of service with a base and then added alternatives. Ms. Roberts stated that she was seeking a comparative understanding of what the City was planning to do based on the current Contract. Mr. Redman conveyed that the City's current contract was antiquated and lacked some new State requirements. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 10 of 13 Ms. Roberts expressed her disfavor with making a decision without a comparative understanding of the different Levels of Service. Mr. Boucher replied to Ms. Roberts that the City was paying Mr. Redman $115 per hour. Ms. Roberts recommended that the City Council schedule a Workshop to further discuss the issue. Mr. Boucher requested to have the Council's questions prior to a Workshop. Ms. Walsh mentioned that other requirements, such as Legislation, would be needed that were not factored into the current contract. Council Members scheduled a Workshop Meeting for Wednesday, May 200 at 5:30 P.M. for further discussion. Mr. Paul Pritchard, Vice Chairperson of the Business and Cultural Development Board, asked if it would be better to have a Workshop after the Proposals were received and then the Council would have access to more information to make a decision. Ms. Roberts then, recommended renegotiating with Waste Management for one year. Mr. Redman stated that the City would begin negotiations with the lowest ranking submittal. Attomey Garganese added that the City could bid for a base Level Services and then for Alternate Levels of Service. Mr. Boucher reminded that no other City had bid their Solid Waste contract. Mr. Donald Dunn, of the Planning and Zoning Board, commented that the City Council has Staff as its evaluation board; however, the Council appeared to be entering into the negotiation process. Attomey Garganese explained that the City would not know how to proceed until the Proposals were received and the City also had the right to reject all Proposals. Ms. Walsh asked where she could find the location of damage assessment in the document. Mr. Redmond replied under Liquidated Damagees. Ms. Walsh also asked about the recycling containers. Ms. Walsh pointed out that some condominiums pay directly to the contractor per pull and she would like to see that continue. Mr. Redmond replied that the billing would most likely remain the same. Mr. Boucher added that the contractor rates should be included in the Bid. Mr. Petsos and Ms. Walsh questioned the number of added items above the base level of service and how that would affect the pricing. Ms. Roberts added that she desired to see more data related to Customer Service Standards. Ms. Walsh noted a Performance Bond, included in the document, would hold the company accountable for their service. Mr. David Schirtzinger stated that he attended the previous meeting at which the City Council directed the City Manager to move forward with the Request for Proposal and the City Manager has done that; therefore, the Council should proceed and take action on the Proposal. City Council withdrew the Workshop Meeting related to this item. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve the Request for Proposal No. 01-2009, Garbage and Recycling Collection City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 11 of 13 Services. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Petsos, For; Mayor Randels, For; Ms. Roberts, Against and Ms. Walsh, For. 7. Motion to Approve: Oral History Project Change Order in the Amount of $12,000. Mr. Boucher informed that David Stanley, of DaNid Productions, Inc. submitted a letter outlining the elements of his Change Order. Mayor Randels stated that at this time the project was 60 to 65 percent complete. Mr. Stanley informed that he gave an estimate based on the Workshop Meeting of April 7, 2009. Ms. Roberts requested to know what to anticipate as Mr. Stanley's final product. Mr. Stanley stated that the final product would become what the Council desired as the format of a DVD. Ms. Roberts asked if the City were obtaining stories and/or Oral Histones and would the $33,000 include a DVD that captures each segment of history. Mr. Stanley replied that he would present story lines related to segments in history. Ms. Roberts asked how far back in history Mr. Stanley planned to record. Ms. Walsh reminded that the Council initially agreed to a video for $21,000 for a history video and she asked what has been accomplished so far. Mr. Stanley replied that he interviewed 28 out of 43 suggested people. Mr. Stanley reminded that the Request for Proposal was open-ended and Council added to the number of people for interviews and there was no script. Ms. Roberts expressed that the Council was depending on him to refine the scope of the project. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Extend the Meeting for 15 Minutes. 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. Ms. Roberts stated that, at this time, the City does not have a deliverable product. Mayor Pro Tem Hoog reminded that the City Council approved an open-ended contract. Ms. Roberts stated that the City, so far, does not have a product. Mr. Stanley clarified that the Council was now at the post -production phase and he needed input from the Council on what parts of the video the Council desired to use. Ms. Roberts stated that she expected: 1) an historical timeline approach, 2) to know the cost per interview, and 3) a more disciplined approach in communication of the cost. Mr. Petsos clarified that Mr. Stanley worked on the number of interview names that the Council gave him which increased the original price. In conclusion, Mr. Stanley stated that he anticipated closure on the project within a month and a half. A motion was made by Mayor Randels and seconded by Mayor Pro Tem Hoog to Approve the Oral History Project Change Orders it and III in the Amount of $12,000 for a Final DVD Product from the Beginning up the City's Visioning. The vote on City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 1' 2 of 13 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. ORDINANCE: First Public Hearing: 9:15 p.m. — 9:30 p.m. 8. Motion to Approve: Ordinance No. 06-2009; Economic Development Ad Valorem Tax Exemption. Attorney Garganese read Ordinance No. 06-2009 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, PROVIDING FOR A 'REFERENDUM ELECTION AND BALLOT LANGUAGE FOR AN ELECTION TO BE SCHEDULED BY THE CITY COUNCIL; PROVIDING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO SECTION 196.1995, FLORIDA STATUTES; PROVIDING FOR COORDINATION WITH THE S'U'PERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Ms. Roberts referred to Page 1, Paragraph 4 saying that this appears open-ended for new business and the expansion of existing businesses. Ms. Roberts stated that there was discussion related to tax incentives for communities that desired new businesses. Attorney Garganese explained that both the terms new and existing businesses are defined by Florida Statutes and would need to meet statutory requirements. They would also have to be certified by the Property Appraiser as eligible under that Statutory definition. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog o Approve Ordinance No. 06-2009; Economic Development Ad Valorem Tax Exemption at First Reading. 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. REPO°RTS: 9:30 p.m. _ 10:00 p.m. 9. CITY COUNCIL Due to the lateness of the hour, no reports were forthcoming from the City Council. Ms. Roberts requested to have the City Council Reports moved up to the beginning of the next Meeting. Ms. Walsh recommended a Workshop prior to the Regular City Council Meeting. Mr. Petsos reminded that the discussion at past Council Workshops was repeated at the Regular Meeting. Mr. Boucher recounted some of the lengthy discussions the Council could anticipate at the next Meeting on June 2"d. City of Cape Canaveral, Florida City Council Regular Meeting Agenda May 19, 2009 Page 13 of 13 ADJOURNMENT: There being no further business, the Chair adjoumed the Meeting at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 2, 2009 Item No. 2 Subject: Mowing/Maintenance of City Landscaped Areas Rights -of -Way, Water Reclamation Plant, and Lift Stations And Mowing/Slope Mowing of the Central Ditch Renewal of Contract for Additional Year of Service July 1, 2009 - June 30, 2010 Department: Public Works Summary: This contract was awarded to Professional Diversified Services, Inc. (PDSI) in 2008 for providing these services for the period July 1, 2008 through June 30, 2009. The services were publicly bid by the City in early -2008 - PDSI was the low bidder, In general, the Public Works Department is very pleased with the services provided by PDSI. As stated in the contract between the City and PDSI, the City may extend this contract on a year-to-year basis (not -to -exceed five years) with City Council approval. Requested Council Action: Approve additional year of landscaping services to PDSI contract period will be for July 1, 2009 through June 30, 2010. Financial Impact: PDSI is providing the same landscaping services as last year - at� the same cost to the City of $164,408.01 (see attached e-mail correspondence). Funds provided from (1) Beautification Fund, (2) Wastewater Fund, and (3) Stormwater Utility. I Attachments: o Supporting Documents Reviewed � 1). E-mail correspondence 2). 2008 contract SubmittingD . Department Head:1�� Date: '-22-__ --� Approved by City Manager: Dater C�' &-- , , , " - . ........... City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Paget of 2 Jeff Ratliff From: Jonathan Clark Don athan@pdsi2000.com] Sent: Tuesday, April 28, 2009 5:37 PM To: 'Jeff Ratliff Subject: RE: Next Year ,Jeff, I have attached the same pricing as last year, no changes For 2009-201 O. Thanks, Jonathan Clark PDSI an SBA 8(a), HU ionn„ SDB, USE Certified Contractor P:321I 504,3992 From: Jeff Ratliff [mailto:jratliff-cape@cfl.rr.com] Sent: Wednesday, April 15, 2009 11:36 AM To: Jonathan Clark Cc: Walter Bandish; kaymc-cape@cfl.rr.com Subject: Next Year Why don't your go aheadi and get me a "proposal" for another year of service for the City of Cape Canaveral's Also, please do not forget the new insurance certificate. Jeff Ralfiff � al -----Original Message ----- From: Jonathan Clark [mailto:jonathan@pdsi2000.comj Sent: Monday, April 13, 2009 12:26 PM To: 'Jeff Ratliff Subject: RE: Monthly Follow-up Meeting Not a problem, I'll ask Darrell to have the new certificate sent. Jonathan Clark PDSI art SBA -W .. From: Jeff Ratliff [mailto:jratliff-cape@cfl.rr.comj Sent: Monday, April 13, 2009 11:19 AM To: Jonathan Cc: kaymc-cape@cfl.rr.com Subject: RE: Monthly Follow-up Meeting 5/20/2009 ADDENDUM TO PROFESSIONAL DIVERSIFIED SERVICES, INC. PROFESSIONAL SERVICES AGREEMENT THIS ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Addendum") is made and entered this day of , 2009 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and PROFESSIONAL DIVERSIFIED SERVICES, INC., a Florida corporation, whose principal address is 1060 W. King Street, Suite D, Cocoa, Florida, 32922 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor are party to that Professional Services Agreement dated July 1, 2008 ("Agreement"); and WHEREAS, the Agreement is scheduled to terminate on June 30, 2009; and WHEREAS, pursuant to Article 3 of the Agreement, the City and Contractor have the option of extending the term of the Agreement for five (5) additional one-year terms; and WHEREAS, the City and Contractor desire to extend the term of the Agreement as set forth herein; and WHEREAS, this Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on July 1, 2009 and terminating on June 30, 2010. ARTICLE 3 — OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Addendum shall remain in full force and effect. Addendum to Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: -32 Susan Stills, City Clerk WITNESSES: Print Name: Print Name: CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. M Rocky Randels, Mayor CONTRACTOR: Professional Diversified Services, Inc., a Florida corporation. By: Print Name: Title: Addendum to Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 2 of 2 PROFESSIONAL DIVERSIFIED SERVICES, INC. PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered this 0`S day of �_ v •� , 2008 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 905 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and PROFESSIONAL DIVERSIFIED SERVICES, INC., a Florida corporation, whose principal address is 1060 W. King Street, Suite D, Cocoa, Florida, 32922 ("Contractor"). WITNESSETH: WHEREAS, the City recently sought bids for its "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract; and WHEREAS, Contractor submitted the lowest bid In response to the City's invitation to bid and has the experience required to perform the required work for the City; and WHEREAS, the City and Contractor desire to memorialize their understanding regarding the scope of services to be performed by the Contractor as set forth in this Agreement; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — ENGAGEMENT The City hereby engages Contractor and Contractor hereby agrees to perform the services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any party hereto unless incorporated in this Agreement. ARTICLE 3 - TERM This term of this Agreement shall be for one (1) year, commencing on July 1, 2008 and terminating at midnight on June 30, 2009, unless either party chooses to exercise its Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 1 of 9 rights under Article 27, Termination. The parties shall have the option to extend the term of this Agreement for five (5) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Contractor annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Contractor and City agree to extend the Agreement, the Contractor may be entitled to an increase in rates, in an amount not to exceed one half (112) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI -U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to the same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. ARTICLE 4 -- AGREEMENT ADMINISTRATION Administration of the Agreement shall be under the general direction of Kay McKee, Streets Department Supervisor, who shall act as the City representative during the performance of this Agreement. The Agreement Administrator for the Contractor is Darrell Mack, who will also serve as the Contractor's day-to-day contact person. Each party to this Agreement agrees to provide written notification within fifteen (15) days, should the representative of either party change during the term of the Agreement. ARTICLE 5 — SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the type of services as set forth in Exhibit 'A" Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 6 — PAYMENT OF CONTRACTOR The City shall pay to Contractor $164,408.01 for mowing and maintenance of the certain landscaped areas of the City and of the Central Ditch, as described in Exhibit "A," Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not -to -exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being Invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 2 of 9 ARTICLE 7 — TRUTH -IN -NEGOTIATION CERTIFICATE Signature of this Agreement by the Contractor shall act as the execution of a truth -in - negotiation certificate certifying that the wage and rates and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. ARTICLE 8 — INSURANCE In the performance of work and services under this Agreement, Contractor agrees to comply with all Federal, State and Local laws and regulation now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein, Contractor shall maintain in full force and effect during the life of the Agreement, Worker's Compensation insurance covering all employees in performance of work under the Agreement Contractor shall make this same requirement of any of its subcontractors. Contractor shall indemnify and save the City harmless for any damage resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Contractor agrees to maintain during the term of this Agreement: COVERAGE General and Auto Liability Professional Liability (if applicable) Worker's Compensation MINIMUM LIMITS $500,000 per person/incident $1,000,000 incident $1,000,000 Statutory Neither Contractor nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City's Agreement Administrator with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A", and a financial class of "VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The contractor's insurance policies should be endorsed to add the City of Cape Canaveral as an Additional Insured. The Contractor shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be Professional Services Agreement City of Cape Canaveral/ Professional Diversified Services, Inc. Page 3 of 9 cancelled, materially changed or renewal refused until at least thirty (30) calendar days written notice have been given to the City by certified mail. ARTICLE 9 — INDEMNIFICATION The Contractor shall indemnify and hold harmless the City, officers, servants, and employees from and against any and all claims, liabillty, damages, losses, causes of action and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other person employed by the Contractor in the performance of the Ag reement. ARTICLE 10 — SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standard of safety. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act (OSHA), and any other pertinent Federal, State or Local Statutes, rules or regulations. The Contractor and any subcontractors shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules or regulations. ARTICLE 11 — NONDISCRIMINATION The Contractor warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin or physical handicap. ARTICLE 12 — DRUG FEE WORKPLACE In accordance with section 287.087, Florida Statutes, Contractor warrants that it is a drug free workplace. ARTICLE 13 — PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided In section 287.017, Florida Statutes, for CATEGORY TWO Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 4 of 9 ($15,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. ARTICLE 14 -- EXCUSABLE DELAYS The Contractor shall not be considered in default by reason of any failure in performances if such failure arises out of causes reasonably beyond the Contractor's control and without its fault or negligence. Such causes may include, but are not limited to: Acts of God; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. ARTICLE 15 — ARREARS The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 16 —WARRANTY The Contractor warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE 17 — INDEPENDENT CONTRACTOR The Contractor agrees that it is an Independent Contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. ARTICLE 18 — ASSIGNMENT This Agreement may not be assigned without the prior written consent of the City. Any attempt to assign this Agreement without prior written consent of the City shall render the Agreement null and void with respect to the attempted assignee. The City shall not unreasonably withhold consent provided that the Contractor provides the City with information it requires including, but not limited to, a sample contract from the proposed assignee, proposed fee schedule, operating history of the assignee and a contact person representing the assignee. This information shall be provided at least 60 days prior to the target date for assignment by the Contractor. Professional Services Agreement City of Cape Canaveral / Professional Uversified Services, Inc. Page 5 of 9 ARTICLE 19 — SUBCONTRACTORS No part of this Agreement shall be sublet without the prior written approval of the City. if the Contractor shall sublet any portion of this Agreement, the Contractor shall be fully responsible to the City for acts and omissions of a subcontractor, and of persons either directly or Indirectly employed or retained by Contractor. The subcontractor is subject to the same contractual provision as is Contractor under this Agreement, including but not limited to insurance requirements, records maintenance, and audit requirements. ARTICLE 20 — NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time, nor any possession taken by the City of the product or services hereunder shall operate as a waiver of (1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved to the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. ARTICLE 21 — CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 22 — ACCESS AND AUDITS The Contractor shall maintain records on the City's projects, in accordance with generally accepted accounting principals and practices to substantiate all invoiced amounts. Said records will be available to the City during the Contractors normal business hours for a period of two (2) years after the Contractors final invoice for examination to the extent required to verify the direct costs (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Contractor shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period form the original payment due date(s) to the payment by the Contractor of all monies owed. ARTICLE 23— ENTIRE GREEMENT The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. Professional Services Agreement City of Cape Canaveral I Professional Diversified Services, Inc. Page 6 of 9 ARTICLE 24 — AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Contractor, and may be implemented only after this agreement has been amended in writing. The City reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the City's notification of a contemplated change, the Contractor shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Contractor shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue a Contract Amendment or Change Order and the Contractor shall not commence work on any such change until such written amendment or change order has been issued and signed by each of the parties. ARTICLE 25 — SEVERABILITY If a word, sentence, phrase, clause or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist. ARTICLE 26 — NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Copy to: Walter Bandish, Public Works Director City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Professional Diversified Services, Inc. Mr. Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32920 Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 7 of 9 Attn: Darrell Mack 1060 W. King Street Cocoa, Florida 32922 ARTICLE 27 — TERMINATION This Agreement may be terminated by the Contractor upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. It may also be terminated by the City with or without cause immediately upon written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 28 — EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Contractor hereunder. ARTICLE 29 — REMEDIES The laws of the State of Florida shall govem this Agreement. Any and all legal action necessary to enforce the Agreement will be held in Brevard County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statue or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other of further exercise thereof. ARTICLE 30 — ATTORNEYS' FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fee, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 8 of 9 ARTICLE 31 —SOVEREIGN IMMUNITY Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or Interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Attest: - B S,us n=Stills, City Cferk ,:11TNESSES: 1 �' Prin ' Name: XE� XV R;2A W 7 • 10 rl L CITY; City of Cape Canaveral, Florida, a Florida municipal corporation. B !�1 Rocky Randel , Mayor CONTRACTOR: Professional Diversified Services, Inc., a Florida corporation. By: M& Print Name: Title: t Rr6, Ac Professional Services Agreement City of Cape Canaveral / Professional Diversified Services, Inc. Page 9of9 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 2, 2009 Item No. Subject: Stormwater Pipe Repairs and Stormwater Inlet Replacements (two locations). Department: Public Works .............. - ........................... Summary: Replace damaged stormwater inlets with new design inlets. Location 1 - Jefferson/Magnolia: 15" -diameter stormwater pipe at this location is also cracked (see attached photo) - contractor to fix pipe (no charge) and install new inlet. Location 2 - Jackson/Rosalind. Install new inlet - complaints from residents that inlet has been damaged Requested Council Action: Approve funds from Stormwater Utility to repair cracked stormwater pipe and install two new inlets - budget transfer required. Financial Impact: Standard rate of $3,175 per inlet - total cost of $6,350 for all proposed work. Attachments: o Supporting Documents Reviewed Photos and other contractor quotes. ... . .. .......... Submitting Department He Date: -Z 0--e7 f Approved by City Manager: Date: City Council Action: rove as Recommended Disapproved Approved with Modifications Tabled to Time Certain - ............ "II.I.I.I.",�,,,.."-",-",.,-.--"""l—........._.............—..................1 MEMO TO: Bennett C. Boucher, City Manager CC: Andrea Bowers, City Treasurer FROM: Walter Bandish, Public Works Director SUBJECT: Budget Transfer of Funds DATE: May 14, 2009 Request $20,000.00 be transferred from 403-018-538-990000 (Stormwater Contingency) to 403-018-538-461000 (Building and Grounds Maintenance) for current and future Stormwater Inlet construction and repairs. Thank -you. r 1'0�00NI'0_1 Walter Bandish Director, Public Works /JY�L 02/02/2009 16:31 3216390936 ATLANTIC DEVELOPMEMT PAGE 02/02 ATLANTIC DEVELOPMENT OF COCOA INC 2185 WEST KING STREET COCOA, FL 32926 (321)639-8788 FAX (321)639.0936 February 2, 2009 In regards to: Inlet Top Pricing City of Cape Canaveral PO Box 326 Cape Canaveral, FL 32920 Attn: Jeff Ratliff Jeff, We understand there have been some questions regarding our pricing of the inlet replacement project. I hope this letter will clear up any confusion. Remove Et replace with type `C' inlet tops with aprons S2875.00 Curb replacement 5200.00 Asphalt replacement 5100.00 Total per inlet, %rn-, p 3'175.00 Should you have any questions or concerns please contact me anytime. 4Thna k you, Moore JM:slw Cc: file 01/07/2009 16.49 January 7, 2009 4075681076 MLIDRAK ENG & CONST Contract Agreement PAGE 01/02 Mudmk Falgineering and Construction Co. To. W. Jeff Ratliff Dale Mudrak P.T., President (Lia 4 CB 0060403) City of Cape Canaveral 21522 Hobby Horse Lane 601 Thuan Blvd- PO Box 326 Christmas, FL 32709 Cape Canaveral, FL 32920-326 Tel 407-568-1833 TEL 321-868-1240 Fax 407-568-1833 FAX 321-868-1233 Scope of Services: We propose to provide all labor and materials necessary for the repair of 20 manhole tops located at various locations bathe City of Cape Canaveral- This will include the fnllowiiV, 1) Temoval and disposal of the existug ourb inlet top 2) adjusting the manhole for uniform bop 3) set new 6 ft by 6 ft pre -cast top with grate inlet 4) call for utility locates and VmdaJbackfill area to drain to precast slab 5) pour ooncrete flume from asphalt to pre -cast slab 6) Dour concrete curbing to match existing 7) cold patch asphalt as neoessa y 8) repair irrlgatiou as Decessmy 9) sod all disturbed areas $ 3qzs /rLk We propose to ftumish all material and labor in accordance wig the above specifications for the sum of Sixty -Eight Thousand, Five-Hrmdred Dollars and 40A04 (S68S_4D.dt4) Paymeanta to be made as follows: Progressive payments as work is completed.. Pull payment Is due withb a 15 days of completion. . Contractor's SipMumre: Acceptance of proposal, the above price, specif ca ions, attached gaaeral conditions and itemized quote are satisfactory and are hereby accepted. You are authodzed to do -work as specified. Payment will be made as outlined above - Owner's Signahim: Date: Page l of 2 Jeff Ratliff From: Bryan maxwell (bryan@maxcon.org] Sent: Monday, February 23, 2009 9:33 AM To: 'Jeff Ratliff Subject: RE: Stormwater Inlets Jeff, S5500/inlet. Bryan From: Jeff Ratliff [mailto:jratliff-cape@cfl.rr.com] Sent: Monday, February 23, 2009 8:45 AM To: Bryan maxwell Subject: RE: Stormwater Inlets Bryan: There will be minor restoration with each inlet - either sod or concrete/curbing work. Not really sure on the number of inlets that I can get approved - right now it is ONE - but I can foresee many later in the year. No dewatering will be required - we're just basically replacing the top and performing any restoration work required. Thanks, Jeff -----Original Message ----- From: Bryan maxwell [mailto:bryan@maxcon.org] Sent: Monday, February 23, 2009 7:24 AM To: 'Jeff Ratliff Subject: RE: Stormwater Inlets Jeff, How many inlets do you need replaced? Are we to just remove old inlet and install new C inlet? Restoration? Curbing? Sidewalk? Truncated dome? How deep are inlets? Do we need to dewater? Thanks Bryan From: Jeff Ratliff [mailto:jratliff-cape@cfl.rr,com] Sent: Thursday, February 19, 2009 2:14 PM To: Bryan maxwell Subject: Stormwater Inlets Brian: As a follow-up to my phone message, attached are photos of (1) an old inlet that needs replaced and (2) the newly -desired type of inlet. Please let me know if you want to provide a quote on this type of work. Thanks, Jeff Ratliff City of Cape Canaveral -----Original Message ----- From: Bryan maxwell [mailto:bryan@maxcon.org] Sent: Wednesday, July 09, 2008 8:42 AM To: 'Jeff Ratliff, CC Public Works' Subject: 5/14/2009 Page 2 of 2 Jeff, Attached is City of Melbourne's contract. Contact is Michelle Shoultz # 321-674-5761. Let me know if this helps. Bryan Maxwell Contracting, Inc. P.O. Box 820 Cocoa, Florida 32923-0820 Phone: (321) 632-8810, Extension 2 Fax: (321) 632-8065 Email: Bryan@maxcon.org 5/14/2009 City of Cape Canaveral City Council Agenda Form Item No. 4 City Council Meeting Date: June 2, 2009 .__........ -..... Subject: Outdoor Entertainment Permit Department: Parks & Recreation Department Summary: The Recreation Department will be showing "Hotel For Dogs" at Manatee Park on Friday, June 5, 2009. Previews will begin at dusk & the movie will follow at dark. There will be free popcorn & the Kiwanis Club will be selling candy & drinks. Requested Council Action: Any & all fees be waived. Financial Impact: $300.00 Attachments: o Supporting Documents Reviewed Flyer & Permit Submitting Department Headrt LYever Date: 5127/09 Approved by City Manager: Date: zke— City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Me -gnaw TO: Bennett Boucher, City Manager Ron Robert Lefever, Parks & Recreation Director cc: Mayor Randels & City Council Members n s m - May 14, 2009 Ras Outdoor Entertainment Permit Bennett, The Parks & Recreation Department will be hosting Movie in the Park on Friday, June 5, 2009 at Manatee Park. We will be showing "Hotel For Dogs". Previews will start at dusk & the movie will follow at dark Admission & popoom is free for everyone. The Knvanis Club MI be selling randy & ddnks. We are requesting an outdoor entertainment permit & that any & all fees be waived. I have attached a flyer with all the details for the event Thanks, Robert Lefever Revised 03-22-07 CITY OF CAPE CANAVERAL, FLOIUDA APPLICATION FOR SPECIAL OUTDOOR EN'I'ER'fAINMENT PERMIT Date: /5'/L1;7'9 The applicant ur representa(ive agrees to be un site at all (lines empowered with auillurily over all aspects of the event and empowered tto�act for the applicant. Name of Applicant: ld&I e t°.(/ _ 1 itIe:lG�%�i0/1 Firm:Am>� . Address; %,�OQ,/F�ldd /�G r/e,-L°---�11a- 1`�"7r�•��,�� E -Mail: Telephone:_ z ^, I,'AX: �( /i44 7 Local Contact: 1-- Ye Title: ��,/i1e Local Address (ii'different from above) Type of Event:�l�f QlI��%�rY� P_ i!I ��e ��✓� Will Alcoholic Beverages Be Served on the Premises? YL•S NO Event Date(s) in Cape Canaverai;T�i LocaGon(s): Date(s) Time �f e 1° z��, Attach niap(s) indicating event area and designated parking areas. ElTraffic Control ❑Street Closing OOther Specify; N UUse of Police/Fire Rescue Equipment UVehicles/Equipment on Beach OV91iicle Parking on City Property el 0 If applicant wishes to erect tents or other temporary structures in conjunction with (he 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 (lie 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 rollowing provisions: Revised 03-22-07 INSURANCE A written public liability utsurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injures 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 $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertaitunent permit, -together with adequate evidence that the premiums are paid. Name of Insurance Co: C . d Policy No: Expiration Date: YZI H. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other pen -nit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertaimnent code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking, Date _ �1 Applicant or epresentattve/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and altachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 8681230 Fax: (32 1) 868-1224 MOVIE IN THE PARK NO STRAY GAN'$ TURNID AWAY "HOTEL FOR DOGS" The Kiwanis Club will be selling candy & drinks. Please bring a blanket or a lawn chair. For more information call the Recreation Department at 868-1226. FREE POPCORN FREE FOR EVERYONE FRIDAY, JUNE 5TH PREVIEWS - DUSK MOVIE - DARK MANATEE PARK 701 THURM BLVD. CAPE CANAVERAL 'These materials are neither sponsored by nor endorsed by the Board, its agents, or its employees. The views and the information contained in the materials are not an expression of the opinion, belief, or policy of the Board, the District, and/or the administration." FREE POPCORN City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 2, 2009 Item No. Subject: Ordinance No. 06-2009, Ballot Question Providing for an Economic Development Ad Valorem Tax Exemption Department: AdministrationlCity Manager .......................... Summary: This item was discussed by City Council at the May 7th Redevelopment Plan Workshop. If approved by the voters, City Council, on a case by case basis, can provide an exemption on City Ad Valorem Taxes to new businesses to locate in the City and for existing businesses in the City that want to expand. ................ .................... .._. Requested Council Action: City Council consider adoption of Ordinance No. 06-2009. Financi,al Impact: Reduction of Ad Valorem Tax Revenue for Police, Fire, Beautification and Library. Possible increase of franchise fees and utility tax revenue. Attachments: x❑ Supporting Documents Reviewed Ordinance No. 06-2009 Submitting Department Head: Date: Approved by City Manager: Date�� City Council Action: [ ] pproves Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntrkimlmydocu ments\adminlcouncdllm eetin gU00910Fr02-09\06-2009.d oc ORDINANCE NO.06 -2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY FLORIDA; PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR AN ELECTION TO BE SCHEDULED BY THE CITY COUNCIL,; PROVIDING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO SECTION 196.1995, FLORIDA STATUTES; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE WHEREAS, the City is granted the authority under Section 2(b), Article VIII of the State Constitution to exercise any power for municipal purposes except when expressly prohibited by law; and WHEREAS, section 196.1995, Florida Statutes, authorizes, upon approval by the municipal electorate in a referendum, a municipality to grant ad valorem tax exemptions to new businesses and expanding existing businesses; and WHEREAS, the City Council desires to expand the commercial and industrial tax base of the City of Cape Canaveral by attracting new businesses and expanding existing businesses within the City of Cape Canaveral; and WHEREAS, the City Council desires to continue to promote and enhance the economic climate within the City of Cape Canaveral by making it financially attractive and by creating additional local jobs through ad valorem tax incentives for new businesses to locate in the City and for existing businesses in the City to expand; and WHEREAS, the City Council has determined that it could assist and improve the long term economic climate of the City, and promote the public interest, health, safety, and welfare of the citizens of the City of Cape Canaveral. to propose to the electorate that the City Council be authorized to grant property tax exemptions to new businesses and expansions of existing businesses pursuant to Section 3, Article V1I of the State Constitution and section 196.1995, Florida Statutes; and WHEREAS, the City Council recognizes that if the electorate of Cape Canaveral grants the authority requested hereunder, ad valorem tax exemptions can only be approved on a case-by-case basis under the criteria specifically established under Florida law; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance _-2009 Page 1 of 3 NOW, THEREFORE, THE CITY COUNCI. OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, 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. Referendum Election. A referendum election is hereby called and shall be scheduled to be held by the City Council of the City of Cape Canaveral to determine whether the ballot question appearing in Section 3. herein shall be approved by a majority of the votes cast in such election in which qualified electors residing in the City shall participate. Such referendum election shall be held and conducted in the manner prescribed by law for all elections. The date of the election shall be November 3, 2009, unless the City Council directs that the election occur sooner. The places for voting in such referendum election shall be established for the election when the election is scheduled by the City Council. All duly qualified electors of the City of Cape Canaveral shall be entitled to participate in said election. The date and method of voting of the election shall be coordinated by the City Clerk with the Supervisor of Elections of Brevard County. Section 3. Economic Development Ad Valorem Tax Exemption. (a) Purpose of question. It is proposed that the City of Cape Canaveral, Florida, be authorized to grant economic development ad valorem tax exemptions pursuant to section 196.1995, Florida Statutes, which provides that a municipality may call a referendum within its jurisdiction to determine whether the electorate in that jurisdiction will authorize that municipality to grant such exemptions under Section 3, Article VII of the State Constitution. Upon a majority vote in favor of such authority, the City may exempt, at its discretion and by ordinance, from ad valorem taxation up to one hundred percent (100%) of the assessed value of all improvements to real property made by or for the use of a new business, or up to one hundred percent (100%) of the assessed value of all added improvements to real property made to facilitate the expansion of an existing business and of the net increase in all tangible personal property acquired to facilitate such expansion of an existing business; provided that the improvements to real property are made or the tangible personal property is added or increased on or after the day the ordinance is adopted. (b) Ballot question, Concurrent with the election, when scheduled, the following question shall be placed on the ballot. The caption and questions shall be worded substantially as follows: ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Shall the City Council of the City of Cape Canaveral be authorized to grant, pursuant to s. 3; Art VII of the State Constitution, property tax exemptions to new businesses and expansions of existing businesses? YES For authority to grant exemptions. NO Against authority to grant exemptions. City of Cape Canaveral Ordinance _-2009 Page 2 of 3 Section 4. Coordination with Supervisor of Elections. To the extent necessary, the City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above-described referendum question on the ballot concurrent with the election. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida; however, the ballot proposal in Section 3. shall only become effective if a majority of the registered electors of the City of Cape Canaveral, Florida who vote in the election to be held as scheduled by the City Council approve the ballot question set forth in Section 3. of this Ordinance. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of . 2009. ATTEST: Susan Stills, City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney First Reading: _ Second Reading: Effective Date: Rocky Randels, Mayor Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betsy Walsh City of Cape Canaveral Ordinance _-2009 Page 3 of 3 For Against View Legal Ad# 132473 Print Window Close Winclow AD# 132473, 05/23/2009 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of discussing Ordinance No. 06-2009 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, June 2, 2009. The Ordinance may be inspected In its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE 06-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, PROVIDING FOR A REFERENDUM ELECTION AND BALLOT LANGUAGE FOR AN ELECTION TO BE SCHEDULED BY THE CITY COUNCIL; PROVIDING FOR AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PURSUANT TO SECTION 196.1995, FLORIDA STATUTES; PROVIDING FOR COORDINATION WITH THE SUPERVISOR OF ELECTIONS; PROV401NG FOR SEVERABILITY AND AN EFFECTIVE DATE. Pursuant to Secdon 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any derision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notioe 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. Susan Stills, CMC, City Clerk AD#-. 132473 Publication: Florida Today First Published; 05-23-2009 Page I of I http.//legals.flatoday.net/db/d'tsplay.htm?CMD=DISPLAY&ld=44304 0,5/26/2009 Item No. Subject: Sign Code _............_............ Department: Building Summary: The'latest draft of the sign code is presented herein, dated 5/21/09. It represents the work of many workshop meetings, The LPA recommends approval of this draft. Requested Council Action: Approval at 13t reading. Financial Impact: 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 areexpected to benefit. Invigorating local businesses through these revisions is likely to indirectly benefit the City. Attachments: [ i Supporting Documents Reviewed Staff memo, backup from LPA meeting, flowchart, permit application and current draft of ordinance. Submitting Department Head: Todd Morley Date: May 22, 2009 Approved by City Manager: Date:� --�/ � Ci Council Action: A.._.:.._._ City [ ] pp ved as Recommended j ] Disapproved [ ] Approved with Modifications [ ) Tabled to Time Certain Staff Report Memo Date: May 22, 2009 To: Bennet! Boucher, City Manager Frame Todd Morley, Budding J. --.. RE Sign code Theattached sign code draft. da(ed May 21.2009. incorporates the comments from seve", xiorkshops and the April 8, 209 LPA meeting. The LPA recommended approval. Throughota( the development of this code. considerable discussion was bead regarding the following Items: • Non -content based. The message presenled on a sign is no(considered when enforcing the provisions of this code. • Lovering of ground signs. The ma.`.inium allowable neigh( of ground signs has been reduced from 30 ft. to 20 ft. Existing ground signs in excess of 20 ft. lugh 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-porr(able LED -type signs are to be allowed, with a maximum area of 32 sq. fl. The minimum display period was decided to be 7 seconds. 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 AGENDA 111 POLK AVENUE APRIL 8, 2009 7:00 P.M. Call to Order Roll Call NEW BUSINESS: 1. Approval of Meeting Minutes: December 10, 2008. 2. Recommendation to City Council Re: Ordinance #05-2009, Adopting a New Chapter 94, Signs, of the Code of Ordinances. F-110ril�l 'Z Pursuant to Section 286.1015, F.S., 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. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement Board and/or Community Appearance Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1222, 48 hours in advance of the meeting. MEMORANDUM Date: April 2, 2009 To: Land Planning Agency/Planning and Zoning Board members From: Barry Brown, Planning and Zoning Director RE: April 8, 2009 LPA/P8Z Board Meeting The only item on the agenda is the continued review and discussion of the proposed sign ordinance revisions, Ordinance No. 05-2009. Todd Morley has been getting back "up to speed" on the ordinance and will attend the meeting to answer questions. In this packet are the minutes from the February 17 sign code workshop. Minutes from the February 25 sign code workshop are not available, but the pertinent points have been conveyed to Kate Latorre. Kate has also prepared a list of issues raised at our March 25th meeting; it is included in the packet. She has discussed them with Anthony Garganese and will be prepared to discuss them with the LPA. NOTICE OF PUBLIC HEARING A Public blearing of the City of Cape Canaveral Local Planning Agency will be held on Wednesday, April 8, 2009 at 7:00 p.m., City Hall Annex at 111 Polk Avenue, Cape Canaveral, Florida. The Local Planning Agency will take public comment and make recommendations to the City Council regarding whether to adopt Ordinance 05-2009, amending Chapter 94, Signs, of the Cape Canaveral Code of Ordinances. 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. 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 parties are hereby advised that if they should decide to appeal any decision made by the City with respect to 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 party 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 accommodation for this meeting should contact the City Clerk at (321) 868-1221 at least 48 hours in advance of this meeting. Barry Brown City Planner MEMORANDUM To: Cape Canaveral Local Planning Agency From: Kate Latorre, Assistant City Attorney Subject: Sign Ordinance Comments from March 25, 2009 P&Z Meeting Date: March 31, 2009 During the Planning & Zoning Board meeting on March 25, 2009, the Board reviewed the current draft of the ordinance revising Chapter 94 of the City Code related to Signs (dated March 19, 2009) and raised the following issues: Definition of "Monument sign" (Page 5 of 28): A suggestion was made to amend this definition to specify that the ground mounted base of monument signs should be "substantially equal to or greater than 50% of the horizontal dimension of the sign face . . .." (The proposed definition does not include the bolded phrase.) 2. Definition of " Visibility triangle " (Page 7 of 28): A suggestion was made with regard to the graphic depicted under this definition to remove the word "proposal' from the graphic. Wall signs vs. Window signs: The Board discussed at length the relationship between section 94-4(6) (found on page 9 of 28), which exempts window signs from permitting under certain circumstances, and the wall sign provisions contained in Table 94-96-1 (found on page 24 of 28). The Board was advocating for adding window signs into the chart to be regulated the same way as wall signs. If window signs are included in the chart alongside wall signs, an inconsistency would be created with section 94-4(6), which exempts window signs from permitting altogether when they don't exceed 25% of the window area, whereas the Table uses a completely different formula to address wall signs (plus, wall signs still require permitting). Also; each term is distinctly defined in section 94-1. 4. Section 94-6(i) (Page 10 of 28): The Board wanted to remove the word "metal" from this subsection because pole signs may be constructed using various types of materials. 5. Section 94-78(e) (Page 21 of 28): There was some debate as to whether the 7 -second display period for electronic signs was too long or too short. 6. Section 9=1-81(b) (Page 22 of 28): The Board thought that the 30 day maximum permit duration for temporary off -premises signs provided in section 94-81(b) was supposed to be IS days. Page 1 Brown, Garganese, Weiss & D'Agresta, P.A. ♦ 11114 Orange Ave.. 1 Suite 2000 • Orlando, Florida 32801 ♦ (407}425.9566 Phone ♦ (407)425.9396 Fav A question was raised as to whether it was determined during the sign code workshops whether a "sundown" or ameliorative period was to be incorporated into the ordinance giving ZP property owners with noncompliant signs (due to the new ordinance) time to change their signs consistent with the requirements of the revised sign code. The Board was concerned that Building Official Todd Morley's list of "desirables" wasn't completely incorporated into the draft ordinance. That is, given Todd's absence from the final two sign code workshops, the Board was uncertain as to whether the items on Todd's list were addressed and/or decided upon during the workshops. 9. An issue was also raised regarding whether there would be a provision in the ordinance to address properties that cannot accommodate legal monument signs given nonconforming characteristics on certain properties. In cases where setbacks, for example, prevent a legally conforming monument sign, one Board member thought he recalled that pole signs would be permitted. A similar exception is permitted by section 94-78 with regard to electronic signs, but not for any kind of sign. There was a thought that a variance provision would be added to the ordinance to address this issue. Page 2 Bro%%Tn Garga ese, Weiss & D'Agresta, P A. 4 11) N. Orange Ave.. 4 Suite 2000 4 Orlando, Florida 32801 ♦ (407)425.9566 Phone • (407)425-9596 Fax CITY COUNCIL WORKSHOP MEETING WITH THE PLANNING AND ZONING BOARD CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 17, 2009 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to order at 5:29 P.M. Council Members Present: Mayor Pro Tem Bob Hoog Council Member Buzz Petsos (arrived 5:31 p.m.) Mayor Rocky Randels Council Member Shannon Roberts Council Member Betty Walsh (arrived 5:58 p.m.) Planning and Zoning Board Members Present Chairperson Beatrice McNeely Lamar Russell (arrived 5:31 p.m.) Donald Dunn Dr. John Fredrickson Ronald Friedman Harry Pearson John Johanson Others Present. City Manager Bennett Boucher City Attorney Anthony Garganese Acting Building Official Dennis Clements Planning & Dev. Director Barry Brown Assistant Public Works Director Jeff Ratliff DISCUSSION: Discussion Re: Proposed Revisions to the Sicin Code — Draft 02-05-2009. The City Manager, Bennett Boucher, clarified for Mayor Randels that this is the final t working draft of the Sign Code and directed Council to go page by page starting with Page 1. He requested that the City Council and the Planning and Zoning Board make City of Cape Canaveral, Florida City Council & P&Z Workshop Sign Code February 17,; 2009 Page 2 of 3 note of any major sticking points that might have been overlooked before sending the document to the Locant Planning Agency. Mayor Randels apologized to resident and volunteer, Joyce Hamilton„ for not recognizing her contribution of a $160 Savings Bond to a participant at the Student Art Show on February 7. Discussion took place on the following: • inquiry was made about the minutes from the last Sign Code workshop and products anticipated from staff. Attorney Garganese confirmed that all of the comments that were accumulated over previous workshops were incorporated in to this draft He stated that it was possible some things might have been missed along the way. • Attorney Garganese brought out that he would have preferred a more form based code with more depictions as this would allow the City Council to approve certain signs that they like and do not like in a form based type code. He said this could be worked on at a later date and it would have the force of law. Mayor Randels read' the fourth recital on Page 1 of the draft "the goals of this ordinance are content neutral and unrelated to the suppression of free expression" and explained that the goal is to basically look at the sign location, zoning, etc... Starting with Page 1 of 28 of the draft, Mayor Randels asked the group for input: • A suggestion was made to streamline the recitals to avoid redundancy. Attorney Garganese stressed the importance of the recitals to uphold the law when an ordinance gets challenged in court He specified that the court will look at the legitimate government purpose and the rational behind the ordinance, especially when they involve constitutional issues. • Sec. 941 Definitions: Discussion took place regarding a possible duplication of definitions for Above Roof Suns on page 2 and Roof Signs on page 6. It was also mentioned the words "eave or" should have been struck from the definition for Above Roof Signs. Mr. Boucher stated these Issues would be double checked. • On Page 3, Council agreed to add a new word under Definitions for Digital Electronic Signs with see Electronic Signs as a reference. • Council agreed to add the word "messaging" between the words Electronic signs on Page 3 under Definitions. • On Page 3, Council agreed to add the words "brick pavers" to the list of examples included in the definition of Edge of pavement. • An editorial request was made of the City Attorney to be consistent when using numerals and words by adding the number In parenthesis after the word (ex. five (5)} through out the ordinance. City of Cape Canaveral, Fforida City Council & P&Z Workshop Sign Code February 47, 2009 Page 3 of 3 • On Page 4, Council agreed to edit the definition of Hazardous sign to read "which constitutes a vehicular and/or pedestrian hazard or a detriment to traffic safety". On Page 5, discussion took place on the possibility of adding a definition for municipal directional signs after Monument signs. Attorney Garganese pointed out a barrier that other cities have had. He explained that in the case that came out of the Eleventh Circuit Court of Appeals back In 2005, Solandc, LLC v City of Neptune Beach, The City of Neptune Beach had many exemptions in their code and the court found that the code was unconstitutional as content based. Attorney Garganese stressed that trying to implement the practical concern of municipal signs is extremely difficult from a legal perspective_ Attorney Garganese responded to Ms. Roberts that traffic control signs, which include directional signage, are in that ordinance and are permitted within the right-of- ways by the Florida Department of Transportation. Council agreed to have the definition written into the code. • On Page 5, it was questioned why political and non-profit signs were not mentioned under the On-site or on premises sign definition. Attorney Garganese stated that it was his opinion, citing the appeal he just read, that to include these signs would be a recipe to have the ordinance declared invalid. Obscene sign, however, should be included because it is not constitutionally protected speech. • On Page 7, Council agreed to remove the words "and primarily intended for vehicular movement" from the definition of Street right-of-way. • On Page 7, clarification of the definition of VlsibiW triangle was requested. Mr. Russell of the Planning and Zoning Board suggested that everyone read the chapter In his book on easements and right-of-ways. Mr. Boucher announced that an E-mail invitation would be sent to coordinate another workshop for the last week of February. ADJOURNMENT: There being no further business, the meeting adjourned at 6:50 P.M. 4. M' Goforth, Re rding Secretary PLANNING & ZONING BOARD MEETING MINUTES MARCH 25, 2009 A Regular Meeting of the Planning & Zoning Board was held on March 25, 2009, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Board Member, Dr. John Fredrickson called the meeting to order at 7:00 p.m. The Secretary called the roll. MEMBERS PRESENT John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman MEMBERS ABSENT Bea McNeely Lamar Russell OTHERS PRESENT Barry Brown Kate Latorre Susan Chapman NEW BUSINESS 1st Alternate 2nd Alternate Chairperson Vice Chairperson Planning Director Assistant City Attorney Board Secretary Approval of Meeting Minutes: February 11, 2009. Donald Dunn questioned the minutes regarding the process of selecting a Citizens' Visioning Committee. Kate Latorre, Assistant City Attorney, advised that the selection process was changed after the Planning & Zoning Board meeting was held; therefore the minutes were correct as stated. Motion by Donald Dunn, seconded by Harry Pearson, to approve the meeting minutes of February 11, 2009. Vote on the motion carried unanimously. John Fredrickson read the last sentence of the minutes which stated: Mr. Brown asked Mr. Johanson to meet with him to discuss these issues and hopefully have something for the Board to consider at the next meeting. Mr. Fredrickson asked what happened. Barry Brown responded that John Johanson contacted him, but nothing happened. Mr. Brown advised that he was not able to accommodate his request at this point, but it was going to happen. Planning & Zoning Board Meeting Minutes March 25, 2009 Page 3 Motion by Harry Pearson, seconded by John Johanson to recommend approval of the Caribbean Vistas Preliminary Replat to City Council. Vote on the motion carried unanimously. 3. Recommendation to the City Council: Proposed Ordinance Amending Chapter 94, Sions - Kate Latorre, Assistant City Attorney. Kate Latorre, Assistant City Attorney, advised that the City Attorney's office incorporated the changes from the last City Council workshop. She noted that the Local Planning Agency would make recommendation to the City Council, not the Planning & Zoning Board, but since it was on the agenda it would give the Board an opportunity to review the ordinance one more time, before it was scheduled before the Local Planning Agency. Barry Brown, Planning Director, advised that he was not involved in the proposed changes to the sign code until the tail end of the workshops. Donald Dunn advised that Todd Morley had a list of items that he was going to incorporate into the ordinance. He asked what happened to those items. Kate Latorre responded that the chart was updated to incorporate those items. The Board members reviewed and held discussion regarding the draft ordinance. Barry Brown advised that he would ask Mr. Morley to be present at the Local Planning Agency to verify these items and address any questions the Board members may have. Kate Latorre, Assistant City Attorney, asked the Board if they had any questions regarding the latest version of the proposed ordinance. She explained that any existing signs that did not meet the requirement of the new code would become nonconforming. Harry Pearson stated that he drove through the City and looked at all of the signs. He advised that there are 61 poles signs and 18 monument signs; so if the existing code is changed, as suggested, most of them would not be monument signs anymore. He noted that Pylon signs are not prohibited and there are 12 Pylon signs throughout the City, therefore when the code is changed most of the signs will become nonconforming. Ron Friedman stated that by prohibiting pole signs, the City would be doing a disservice to the business community. Discussion followed. Planning & Zoning Board Meeting Minutes March 25, 2009 Page 4 Joyce Gumpher, citizen, advised that she understood that if a business could not meet the requirements of a monument sign then the code allowed for an accommodation of a pole sign with a granted variance. Discussion followed regarding where the variance procedure was located in the code. Kate Latorre advised that signs would still be required to go before the Community Appearance Board before a building permit is issued. She noted that the code further provides that the Building Official has the authority to waive the requirement of the Community Appearance Board if he finds it to be an insignificant change. The Board continued to review the draft ordinance. They suggested and recommended various changes to the draft ordinance. Kate Latorre stated that City Attorney, Anthony Garganese, advised her that all the changes that were agreed to by the group (City Council and Planning & Zoning Board), were incorporated into the proposed ordinance. Barry Brown, Planning Director, advised that he would speak with Todd Morley to verify that his list of changes that were agreed to by the group was forwarded to the City Attorney and incorporated into the draft ordinance. Also, as per the Board's request, he would ask Mr. Morley to attend the Local Planning Agency meeting. Discussion continued. Kate Latorre advised that she made a list and notes of everything the Board talked about at this meeting. She would cross-check with Mr. Morley and Mr. Garganese about everything on the list to make sure the information is correct in the ordinance. She would also make a list of the other comments discussed at tonight's meeting to further discuss and possibly incorporate into the recommendation to City Council by the Local Planning Agency. OPEN DISCUSSION No open discussion was held. There being no further business the meeting was adjourned at 8:32 p.m. Bea McNeely, Chairperson Susan L. Chapman, Secretary 28 TUESDAY, MAY 26, 2009 AROUND OUR CON!I1VUNnUS 'rapport Our Troops' for her achrevements'in is the Health tare Hero League,, rally Is Saturday, The matting positive ddferemes awvdwinnsr tavwson-Youngserved as seventh annual 'Support vvithin the community, She has helped provide PAL Progmmdirector for Iii Our Troops" nilly will be fit She was instrumental in 1000 free peripheral lrrtety months before ftiavng (it. 130 p.m, Saturday art Veter- the development of three diream screeaaitwgx•,'She has icer Chuut'la Price as. exew~u. wo win refund yow entire Clarion Inn sala"rlrtar rootu,d lrx', at Me Re additional Information and a,dplicauon,vtstt wwwwFloAbT*6$portLtaam • Contact Phone (121)d74.8032 STOP with •HYPNosi How Dons n waT1c Hyyp 40 is daaxignad to Our attlrnlnato your dextra & cravings for clgarenee. IALIff daalgned so you stop "listing win na anxiDty, no )RICE irdfabi tyandnoweignivak,. Be Beiken! Residential St Corn,merciall "vw' f..fcense a;& Bonded with over 3.0 years In r ush ass 3800 N. U.S. Hwy. 9 Cocoa, Florida 3292E (32:1) 6U,1 Q a www.supor'Nirdoom Im""IAie Reaults Theorogranl m 0w65OW'd lSTyt owsex" txr fight, deMgned to eaminale your uamng for .. clgua'ettes ha avaryday trio aftuarlom -fir 010 auranvliura, MelbOutUjA ■ at work, orl Ow01ano,'vi mr+ preaW" W Stank ra' Thurs, June 4 Two amInafa;: Can I Be Hypnotized :iYESIwshrr'll11Y4NA'oI0inkFil &bm-244— OR 7prn-9:46PM ... CGuryardbyMlarrioft . T H11.41 yoGi enter a deep. into%9x't sraiery rat iiyprosia vArare 2101 Nfew Havw.m Ave y xiiim o-rwako& INCOTrf4OL (Eek Ott exit lair tint c)rr Rt w'1111121111M'IT tusyill� 'Seminar Guaranlae: 11 yeu Wed, ,rune 3 are not eornpiouiy saiislied• 7.•00pm to 9:45 ph7 wo win refund yow entire Clarion Inn sala"rlrtar rootu,d lrx', at Me 406T S. Washington Ave sanrinaeso Pws ify000ver tn0k ah�ovt wxuking, aMand (1-95. exR 215 (Rt ME): agate FREE. R on RI t Sam) Goporato on -nae �asmraarsare � 4l : �A'MIANO 1�aae�1'ae.rr2'j ��Ga1 t� tmk uMwlrry-w�N.+ IICti-'25— 11.ORF171A NOTICE OF PUBLIC HEARING A Pubfic Hearing of the City of Cape Ca- naveral City Council will be held on Tuesday ,Pune 2, 2009 at 7:00 p.m., City Hall Annex at 114 Pollk Avenue, Cape Canaveral, Florida, The City Council will lake public comment and consider approval of Ordinance 05-2W9 on first reading, amending Chapter 94, Signs, of the Gape Canaveral Code of Ordinances. ORDINANCE NO. 05-24109 AN ORDINANCE OF THE CfTY COUNCIL. OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE CODE OF ORDINANC- ES; PROVIDING FOR THE PURPOSE AND SCOPE OF THE CHAPTER, DEFINITIONS, THE REGULATION OF TEMPORARY SIGNS, SIGN APPLICATION, PERMIT, IN- S PECTION' N,SPECTIONPROCEDURES, ZONING DIS- TRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT REQUIREMENTS; PRO- VIDING FOR ENFORCEMENT REGULA- TIONS; PROVIDING A STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMEND- MENTS; AMENDING APPENDIX B SCHED- ULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMEND- MENTS TO THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, IN- CORPORATION INTO THE CODE, S-EVER- ABIUTY, AND EFFECTIVE DATE. Copies of this ordinance are available for pub- lic Inspection at City Hall. APP persons wishing to be heard should appear In person at these hearings or send written com- ments to the City Clerk. Alli persons and parties are hereby advised that If they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this nollice, they will need a record of the proceedings, and for such purpose, said person or party 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 206, Florida Statutes). In compliance with the Amed_ cans with Disabilities Act (ADA), anyone who needs a special accommodation for thle meeting should contact the City Clerk at (32 1) 868.1221 at least 48 hours in advance of this meeting. Barry Brown City Planner Customer requests sign WMR Sign permit flowchart Is CAB Customer completes approval CAB application required? Yes No Customer Oorrowes Customer completes permit application and permit application and submits plans and submits plans and specifications specifications Customer Plans Examiner performs T submits Plans Examiner performs code review customer submits reviskris Plans revisions H - �H:::I�cod'e review Plans ;ami r — Are all Plans examiner forwards Are all forwards notice of No codes notice of deficiencies to codes deficiencies to met? applicant No m .r7 applicant Yes Plans examiner Plans examiner stamps and prepares memo dates approval of permitfor CAB documents Front Front counter staff CAB meeting prepares sign a Board secretary notifies plans T examiner of approval Request Customer performs work, calls for Inspection approved Yes b CAB? y 0 Did No Did No Inspection pass? No permit will be issued. Process 7 complete Yes Process Dae: CITY OF CAPE CANAVERAL Tracidng # BUILDING PERMIT APPLICATION Perrwi # (321) 868-1222 citx.()fcapeciul,lver,dDiijldin,gDepartinent 7510lel. Atlantic Ave. Cape Canaveral. FL 32920 You inav download this application: You inay fax to: (321) 869-1247. All applications must include the backside of this form. Iniportant: Please complete the Checklist on the back of this form and provide other documentation as indicated wiChe checU-ist. Acop%-ofcontractniivberequired- Applic-,tt,ioiip,,ickagesii-ilI not be accepted unless Complete. APPLICANT WILL BE CALLED WHEN PERMIT IS READY. (Contractor/Owner-Budder is required to sip for the building permit, unless indicated othermse by iffidavit, I.D. may be required) Address of Job Site: Legal description of property: T1xN: Property Owner Name: Address: R'NCT: SEC: SUBD: Fee Simple Titleholders Name i if other thm ownen.* Bonding Company: Mortgage Lender: Type of Permit Brief description of work: Building Electrical Plumbing Mechanical Other Address: Address: Zoning classification: Flood Zone: Address: BLK: LOT PR PG: Phone: Type of COUSL Oct- FPL bmr.s Otv Sewer Will ffils Phone (CCU/pager.): Fax: Priman, Contractor Name., Address: Name of Company, Building Square Type upancy C-wj)ikv available stmCfary 14 of ifories bef Ch%Vl- 00 or bed- ip of %vuler Valuation Of work Phone (cell/pager.): Feet (LA- Gttmp avallable to to serve hswe buU44n, State License No.: Phone (office): Phone (ceWpager.): Fax: Med, wiical Contractor Name: Address: (pleaw under B. (DA]. Serve this Phone (office): PS Fax: Specialty/Ocher Contractor Nene: Address: rown, dwo indicate as roof etc) etc.) Property? Property? Appliance"?unib Vpticable) Yes/No Yes/No Yes/No Commercial $ SFR $ Townhouse $ �Apartment $ rondomini $ r I $ Architect/Engineer Name: Address; Name of Company: State License No.: Phone (office): Phone (CCU/pager.): Fax: Priman, Contractor Name., Address: Name of Company, State License No.: Phone (office): Phone (ceLUpager.): Fax: Electrical Contractor Name: Address: Name of Company: State License No.: Phone (office): Phone (cell/pager.): Fax: Phijubing Contractor Name: Address: Name of Company: State License No.: Phone (office): Phone (ceWpager.): Fax: Med, wiical Contractor Name: Address: Name of Company: State License No,: Phone (office): Phone (ceftager.): Fax: Specialty/Ocher Contractor Nene: Address: Name of Company: State License No.: Phone (office): Phone (ceftager.): Fix: Building Permit Application Checklist Notes Completed Permit Application Current code edition: FL Bldg. Code 2004 (as revised) Current survey showin all propqsed construction and landsca in check, with Bids. Dept. for setbacks Notarized si — Owner/Builder Affidavit uowner is acting as contractor Sewer Impact Fee receipt Maybe doferred until C.O. Unless job is remodeling County Impact Fee receipt May be deferred until C.O_ Ca ital Expansion ITpact Fee receipt Maybe deferred until C.O. Sidewalk Impact Fee receipt If sidewalk exists on lot Recorded Waaran Deed. / Proof of Ownershi Copy of Recorded Notre of Commencement (over $2,500) over $5,000 for Mechanical change out Current Cert. Of Liability IaisJWorker's Coru . Policy /„ExempliOII Record will be kept on file atter initial submittal Community A ee Board Approval For all wort, visible Gom Public Right -Of -Way Planning and Zoning Board Site Plan Approval For all new construction of four units or more g2arunt Forms For all new construction not part of approved site plan Primary Contractor's State License Record will be kept on file after initial subnnitW Subcontractor's Authorizations: State License Record will be kept on file after initial submittal Notify Building Department of contractor changes Plumbing Contractor Plumbing Contractor Electrical Contractor Electrical Contractor Mechanical Contractor Mechanical Contractor Roofing Contractor Root.n Contractor Swimming Pool Contractor SyAmming Pool Contractor Gas Contractor Gas Contractor Specialty/Other Contractor Specialty/Other Contractor Construction Drawings: Per F.B.C. 104 Three sets of sealed construction drawings Per F.B.C. 104 Truss layout and reaction summary Cul shoots acid shop drawings will be needed at time of insp. Electrical Load Calculations Plans must indicate persao msponsible for calculations Electrical Riser All new service must be located underground Plumbing Riser Plans must indicate person responsible for design A/C layout Plans must indicate person responsible for design Two sets of EnSM Calculations Drains a Survey Plans must indicate person responst-ble for calculations sets of Eire Su resslon/S rinIder/Alarm Cdtl011S tr Requires Fire Dept approval prior to issuance of permit Barrier Recluirement Form (signed) Pool permits will 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 laws regulating construction in this jurisdiction. The Building Code in effect at the time of this application is the Florida Building Code 2007 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 nameofApplicant F1 who produced identification: or is personally known to me. Sea]: — ...... Signature..... -Notary Public At large Draft: 5/21/2009 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 VIII, 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 quality of urban life and aesthetics within the City of Cape Canaveral. See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v. City of San Diego, 453 U,S. 490 (1981); 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 Dales v. Lamar Adier°tising Ass'n o� Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglosville, Go., 975 F. 2d 1505 (11 Cir. 1992); and Ciry of Cape Canaveral Ordinance 05-2009 Page 1 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 the project. Air inflated 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 or 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 frorn 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 fit 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 Board 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 iron -electronic FRIN-VOIDUd 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 part, or entirely, by the ground. Code enforcement 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 adjustment 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. Sign 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 within 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 Electronic Sign. See Electronic messaging sign Discontinued sign shall meats 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 Pale 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 right-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 which 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. Exempt 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. Frolatage 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. Haun-dous 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 from 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. Monument sign 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: mP'Y AREA COPYAPZA Noncombustible 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 noncombustibility 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 buming characteristics of building materials set forth in ASTM E84. Nonconforming sign means any advertising structure or sign 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 sig?? 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 Ciry 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 and 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. Owner 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 sib 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 sib erected upon, against or directly above a roof or on top of or above the parapet of a building. Sandwich board shall mean a free standing, one or two sided sign, in the shape of an inverted "V,' 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-i[luminated, 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. Ciry of Cape Canaveral Ordinance 05-2009 Page 6 of 28 Snipe sign 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. Street right -of way 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 sate 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. Vehicular- 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. W,14lp hi.mgl: UDU Wall 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. Wall 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. City of Cape Canaveral Ordinance 05-2009 Page 7 of 28 JVindow 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, type, 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. Notbing in this chapter shall be construed to regulate the content of the message displayed on any sign. See. 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. See. 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) Traffic 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 signs on residential property that do not exceed six (6) square feet and on non- residential property that do not exceed twelve (12) square feet, provided the signs meet the requirements of this chapter. Temporary signs 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 identifying 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. Sec. 94-5. 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) lin addition to the criminal penalties provided in this 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 signs and features are strictly prohibited: City of Cape Canaveral Ordinance 05-2009 Page 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; Standpipes/fire 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 on right -of -Kay. 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 permitted 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 (f1 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) Windo)41 signs. Window signs that do not comply with sec. 94-4. (i) Ground signs. Ground signs with exposed metal poles. 0) Air inflated devices. (k) Marquee signs. (1) Roof sig as. (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 of 28 (q) Signs that are made with or printed on any vegetation, curbstone, flagstone, pavement, 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) S17ipe signs. (v) Obscene signs. (w) Hazardous 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 property. (bb) Any other sign, feature, or outdoor advertising display that does not comply with the provisions of this chapter. Sec. 94-7. Conformance. All sibs 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 sift and shall have affixed on the front thereof the permit number issued for the sign by the administrator. See. 94-9. Wind pressure and dead load. Ciry of Cape Canaveral Ordinance 05-2009 Page I 1 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. Sec. 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 sib 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 28 (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 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 caiculations. (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 13 of 2.8 (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 sign 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 administrator shall promptly conduct an investigation of the application, the proposed sign 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 grartts 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 follwA ng 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 Page 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 admiriistrator 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 writing 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 S 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 1. 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. Sec. 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) Haaardous 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 sib may be removed by the city at the expense of the pernuttee 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 constiluling traffic hazard No sign or other advertising structure as regulated by this chapter shall 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. Sec. 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 Page 17 of 28 (b) Electrical signs shall comply with applicable Electric Codes. See. 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 sibs shall be measuxed 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 comer 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 comer 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 sign 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 comer of the sign, unless otherwise specified. (f) 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 (150) square feet on its largest front. Sec. 94-65 Aesthetic Requirements of Signs. City of Cape Canaveral Ordinance 05-2009 Page 18 of 28 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 See. 94-76. Temporary ou-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 sib 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 shad] 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 fi-ve (5) feet from any right-of-way. Ciiy of Cape Canaveral Ordinance 05-2009 Page 19 of 28 (9) No temporary sign shall be placed within the right-of-way. 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 particle 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 pian 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. Signs 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 signs 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 sign 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 sign 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. City 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 skull not be counted against allowable copy area. In addition to the address being posted on a single family residential nrlailbox 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 thirty-two square (32) feet per property. The size of the electronic size 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 (6) feet in its greatest dimension. City of Cape Canaveral Ordinance 05-2009 Page 21 of 29 (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 old' -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 oil 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 pem-Lit 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. Sec. 94-82. Awnings and canopies. City of Cape Canaveral Ordinance 05-2009 Page 22 of 28 (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 nonilluminated and does not exceed two square feet in area concerned shall be permitted per district requirements if it is affixed 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 11, of the City Code. Sec. 94-85 - 94-95. Reserved. DIVISION 3. DISTRICT REGULATIONS Sec. 94-96. R-1 low density residential district. (a) Sibs are permitted in the R-1 low density residential district as listed in table 94-96-1. (b) Any sib not specifically permitted in the R-1 district is prohibited. Sec. 94-97. R-2 medium density residential district. (a) Signs are pernutted in the R-2 low density residential district as listed in table 94-96-1. City of Cape Canaveral Ordinance 05-2009 Page 23 of 28 (b) Any sign not specifically permitted in the R-2 district is prohibited. Sec. 9498. 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. See. 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-1 low density commercial district, C-2 commerciallmanufaenning 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-1 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 INSET: City of Cape Canaveral Ordinance 05-2009 Page 24 of 28 Type of Sign P-1 R-2 R-3 C-1, C-2 & M-1 Temporary On -premises Si -t Per Section 94.76 Per Section 94-76 Per Sndon 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.E 32 s.f. Max. height 4' 4' 7 4' 8' Areas under develo meat a General Max no. 1 1 1 1 Max., area 16 s.f. 16 s.f. 16 sl 32 s.E Max. height 4' 4' 4' 8' b.Per subcontractor Max. area 95.1 9 s.E 9 s.E 9 sl Max, height 4' 4' 4' 4' Home trecu anon Max no. 1 1 l l Max area 2 sl 2 s.f. 2 sl 2 s.f. City of Cape Canaveral Ordinance 05-2009 Page 24 of 28 Ground Max. no. Prohibited Iper street Iper street S per street fronugelper frontagelp frontage access er access entrance entrance Max. 2 sia_ns max 2 siats Max area 32s.f 32 s.f. One s.f, per lineal ft. of property frontage up to a max. of 150 s.f. Max height 8' 8' 20' Max. width 25' 2S 25' Wail Max. no. Prohibited l I 2 per structure, provided each structure is a scparate business. Max. area One s.f. per One s.f. Parallel to lineal foot of per lineal street 15% of building wall foot of wall height (x) that the sign building wall width of is on wall that wall that sign is the sign is located on: on max. 160 s. f. Perpendicular to street, 15% of wall height (x) wall width of wall that sign is located on; mar. 128 s.f. Banner Sigru 144&x, no. l f I 1 Max Men 12sq. ft 12sq. R 12sq- ft. 96s . Electronic Max. no. n)a n/a n/a I per Section si-ou 94-78 Max. area. n/a n/a n/a 32 sq, fL Wall mural Prohibited Prohibited Prohibited Prohibited unless unless unless approved approved per approved per 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 City 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 sift, 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. Secs. 94-106--94-109 Reserved. See. 94-110. Implied Consent. Any person applying for, and the property owner upon which the sig 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. Secs. 94-111--94-114 Reserved, 94-115. Viewpoint Neutral. Notwithstanding anything in this chapter or code to the contrary, no sig or sig 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. See. 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 inhere 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 otherwise. (c) &-verability 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 ofprohibition on Off -Premise Signs. If any part, 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 stftkted type indicates deletions): APPENDIX B SCHEDULE OF FEES Chapter 94. Signs (a) Penlnit fee shall be calculated on actual 30:90-50_00 contract crest using subsection (a) of Chapter 82 of Appendix B vAkh a m4nun= fee of;......... (b) Reinspection fee:...x._. 2$,60-45,00 94-35 (d j For coTrnencing work without a perm t at fees shall be double (e) ......... 49:09 4449 ((� Temporary Sly signs and 2&.40-_ 00 I94-Sl: banners and lemponfly noeflgr ernbal and 9i-af71 slana r NO 2 Ag -,ft. 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 05-2009 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 City of Cape Canaveral Ordinance 05-2009 Page 28 of 28 City Council Meeting Date: June 2, 2009 Item No. Subject: Resolution No. 2009-17, Supporting the Brevard County Tourist Development Council's Space Coast Wayfinding Initiative Department: Legislative Summary: The Brevard County Tourist Development Council is seeking a resolution of support from each Brevard city for the Space Coast Wayfinding Initiative. Requested Council Action: City Council adopt Resolution No. 2009-17. Financial Impact: N/A ........... Attachments: xo Supporting Documents Reviewed Resolution No. 2009-17, Criteria for Destination Listings, and Wayfinding Sign Destinations Submitting Department Head: Date: Approved by City Manager: Date: ............................... City Council Action: ( J Approved as Recommended (J Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntUcimlmydocumentsladminlcouncillmeeting\2009106-02-09\2009-17.doc RESOLUTION NO. 2009-17 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, TO SUPPORT THE BREVARD COUNTY TOURIST DEVELOPMENT COUNCIL'S "SPACE COAST WAYFINDING INITIATIVE" AND TO PROVIDE THE RESOURCES NECESSARY FOR INSTALLING AND MAINTAINING DISTINCTIVE THEME SIGNAGE WITHIN THE CITY TO ASSIST MOTORISTS, BICYCLISTS AND PEDESTRIANS IN NAVIGATING AROUND THE SPACE COAST AND LOCATING KEY TOURIST DESTINATIONS. WHEREAS, in December 2005 a Tourism Development Council (TDC) Signage Committee was formed to set goals and objectives for a Space Coast Wayfinding Initiative to help area visitors locate key destinations in Brevard County; and WHEREAS, the TDC, as approved by the Board of County Commissioners, has contracted with Wayne Hunt Associates, Inc., to lead a data gathering effort; provide wayfinding recommendations and sign design elements for consideration, and all Brevard County municipalities have been invited to participate and provide input during scheduled wayfinding meetings; and WHEREAS, the TDC shall fund the signs that are outside of municipal limits and shall provide a cooperative funding program for signs located within municipal limits; and WHEREAS, municipalities shall have final approval as to whether signs will be installed within their city limits; and WHEREAS, each City's involvement on this project is necessary to accomplish the goal of producing unified directional signage to area attractions, museums, shopping areas and beaches in order to encourage such visitors to stay longer and see more of what the Space Coast has to offer its tourists; and City of Cape Canaveral, Florida Resolution No. 2009-17 Page 2 of 2 NOW THEREFORE BE IT RESOLVED, BY THE City Council of the City of Cape Canaveral, Brevard County, Florida , hereby supports the TDC Wayfinding Initiative and agrees to install and maintain distinctive signage being provided by Brevard County to assist visitors in navigating their way and guide them to the key tourist destinations and locations throughout the Space Coast. ADOPTED BY, the City of Cape Canaveral City Council this 2nd day of June, 2009, ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney SPACE COAST WAYFrNDING PROGRAM May 2;, 2008 DRAFT 3 CRI'T`ERIA FOR DESTINATION LISTINGS Overview The Space Coast Wayfinding Program is an organized system of vehicular guide signs designed to refect the specific identity of the Space Coast while providing directions to tourist destinations in Brevard County. Among the goals of the program are: • Reinforce that there are many interesting and diverse tourist attractions. • Move entering visitor traffic eastward toward the beaches at all major east -west highways and streets. • Expand the destination knowledge of the thousands of drivers that come here for the well-known and large attractions. • Create a sense that interesting things and places are `near by.' • `Break dox%m' the cornmon assumption that the county is too long to navigate north to south. • Overcome the common assumption that the roadways are overly complex, especially towards the beaches. • `Balance' traffic to all parts of the county. In order to select destinations to be displayed on program signs and to provide for the rational and orderly review of attractions that may in the future request to participate in the program, this criteria has been developed. Primary Destination Criteria — Countywide Program Signage Listing on program signs is for tourist attractions; as generally defined in the Florida Administrative Code. An attraction is defined as an establishment, site, facility, or landmark that is open a minimum of S days a -o,eek for 52 i-veeks a year; that lras as its principle focus family- orienled entertainment, cultural, educational, recreational, scientific, or historical activities; and that is publicly recognized as a bona fide tourist attraction. Exception is made for historic downtowns in Brevard County. Further, the attraction must have at least 20,000 annual visitors. `Small' Destinations Criteria — Localized Signage Only To help foster circulation to all areas of Brevard County and make even small, but interesting destinations `fmda.ble,.' tourist attractions meeting the above criteria, but with at least 2,500 annual visitors will be allowed display on localized prob a n signs. Localized signage is defined as signs within a five -mile radius of tbeir location. Excluded Destination Categories The Space Coast Wayfinding program will not include directional signage for the following categories of destinations, except that they meet the above Primary Destination criteria: • Hospitality • Privately owned retail projects • Neighborhood parks • Civic (city halls, government offices, etc.) • Local sports fields and courts • Churches and religious facilities • Golf courses • Schools and colleges • Attractions that limit attendance to specific age groups Priority Destination Listing Policy The program sign designs have limited space and each sign will be limited to three destination listings. In the event of more than three qualifying attractions seeking display on the same sign, priority will be given to destinations that attract the most visitors from more Chan fifty miles. SPACE COAST WAYFINDING DESTINATIONS TO LISTED ON DIRECTIONAL SIGNS October 1, 2005 The follo-wing destinations will be included in the woof nding program. Note: due ro space limitations, some names may be shorrened for display on signs. Alan Shepard Perk Astronaut Ball of Fame Barrier Islands Sanctuary Bay Front Beaches Brevard Museum of H.lston, & Science Brevard Art Museum Brevard Zoo Botanical Gardens Canaveral National Seashore Cocoa Beach Pier Cocoa Beach Visitor Center Cruise Ship Terminal Enchanted Forest Grant Historic House Greyhound Park Harry T. and Harriet V. Moore Memorial Uenegar Center Historic Cocoa Village Historic Downtor+,n Melbourne Historic Titusville Kennedy Space Center King Center Liberty Bell Museum Merritt Island National Wild Life Refuge Municipal Stadium North Brevard Historical Museum Lagoon House Memorial Planetarium Old Eau Gallie Police Hall of Fame Port Canaveral Rockledge Historic District Space Coast Iceplez Space Coast Stadium Space Coast Tourist Center Space Attractions Tbousand Islands of Cocoa Beach Turkey Creek Nature Sanctuary Warbird Museum Wickham Park DESTINATIONS BY CATEGORY SPA CE/MILITAR F Astronaut Hall of Fame Kennedy Space Center Liberty Bell MuseumMunicipal Stadium Memorial Planetarium Police Hall of Fame Port Canaveral Space Attractions Warbird Museum ARTSIMUSEUM Brevard Museum of History & Science Brevard Niuseum of Art & Science Brevard Zoo Henegar Center King Center North Brevard Historical Museum INATURE Alan Shepard Park Barrier Islands Sanctuary Beaches Botanical Gardens Canaveral National Seashore Enchanted Forest Merritt Island Turkey Creek Nature Sanctuary Wickham Park TOURIST AREAS Cocoa Beach Pier Cruise Ship Terminal Historic Cocoa Village Historic Downtown Melbourne ELstoric Titusville Old Eau Gallie Rockledge Historic District Space Coast Tourist Center Thousand Islands of Cocoa Beach HISTOR Y Grant Historic House Harry T. and Harriet V. Moore Memorial Lagoon House SPORTS Greyhound Park Space Coast Iceplex Space Coast Stadium Rock From: candacenarmore@aol.com Sent: Monday, April 27, 2009 3:05 PM To: wasdin@bellsouth.comi-, bgiangrisostomi@portcanaveral.org-, Dweimer@westmelbourne.org; Courtney. hards@titu,sville.com; cchinault@indialantic.00rn; gmmlb@lod,.gian.com; dgo1umbeck@,msn.corn; rw1awandales@1paplans.00rn; biHb@jrss.co,rn; candacenarm-ore@aol.00m; !3baugher@cfl.rr.com; Lcanady@Sateillitebeach.org; odiftme,r@melboumeflorida.org; ahill@brevardzoo.org: chill@0000abeactchamber. comkath leen @p1rnbaycharnber. corn. -, leanady@satellitebeach.org; rennis@mlbair.com; rdoutier@m1bairoorn; l,aurileethcvrnpson@aol.com; laird,@downtownrnelbourne,corn; RWLAWANDA,LES@LPAPLAN'S.COM; aburch@cocoafl-org; laurileethompson@aol.com; sedc@titusville.com; d1eb1anc@dncJnC4corn; rocky-cape&fl-mcom; ksubido@aol.com; Aporter@Satellitebeach-org; dennis-mackee@brevardicounty.us; dgr,Mn@cityof,,rockledge.org; Candacenarmore@aol.com: dposton@portcanaveral.org; ddombroski@melbouimeflorida,org; vnbenevente@aol-com; jim,ddenour@,rnarriottcom; biill,b@rjss.com; ebjerni,ng@hoyman.com; mayorpb@cfl.rr.com; rwdobson@hotrnai1.00m: morrig@PBFL.org; cgitlin@satellitebeach,org; wayne@huntdesign.00m; rvhowdy@ao1.00m; jstansfield@cityofcocoabeach.com Subject: Next Siginage Committee Meeting The next TDC Signage Committee meeting will be held this 'Thursday, April 30, 2009 at 3:00 p. rrk. The ateeting will, be held at the Brevard County Government Center, 272'5 Judge Fran Jamieson Way, Building C, 3rd Floor - F.1orida Room, Viera, If your City has Coast Wayfinding o assistance. Thank you, Candace Candace Narmore Florida's Space 321-433-4470 approved a Resolution supporting the Tourist Development Counc-'I's "Space Initiative" please fax me a copy at 321-433-4476. Thank you for your Coast Office of Tourism (�_ 4Q^,,—_ ZN--, 45s�\ -- ��$Q t9a@ ��+�Yv�, kl� co V11 Subject: Request for Satisfaction or Release of the pending Code Enforcement Lien for John L. Ribar & Rick A. Kendust, ET AL Department: Building At the Code Enforcement Hearing on April 23, 2009, the Board recommended that the City Council satisfy the pending Code Enforcement Lien in the amount of $750.00 for the removal of invasive trees. Requested Council Action: Consider the request for satisfaction of the pending Code Enforcement Lien in the amount of $ 750.00 as recommended. Financial impact: Pending lien: $750.00 Staff cost to be provided at the Council meeting. Attachments: EIrSupporting Documents Reviewed Board recommendation, draft Board meeting minutes, application for release of lien, Code Enforcement Board Order, Notice of Violation. Submitting Department Head: Todd Morley, Building Offici'" Date: May 22, 2009 Approved by City Manager: Date:��� City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral c1ry or CAi�UFIb'VEROL Date: April 29, 2009 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary Ole Re: Recommendation to the City Council (Satisfaction or Release of Lien) On April 23, 2009 the Code Enforcement Board reviewed the Case No. 08-000142. By a unanimous vote, the Board recommended that the City Council grant the Satisfaction or Release of the outstanding lien in the amount of seven hundred and fifty dollars ($750.00). 7510 N. Atlantic; Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www,myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Code Enforcement Board Meeting Minutes April 23, 2009 Page 5 the trees in question were Norfolk pine trees and although they are not listed as native or nuisance tree list, Kay McKee, City Arborist, said that the tree is a not invasive but the tree can grow to be 60' tall and the root system can be damaging to property. David Dailey testified that he was unaware that a permit was required. He wanted to remove the trees because the roots were beginning to damage property nd they were protruding above the ground potentially causing a trip hazard for his ten Officer Alexander respectfully requested that the Board find the r nt in violation of Section 102-39(a), Permit Required, of the City of Cape Can I I I of Ordinances, and impose the penalties as cited in Section 102-38(b)(1) f icemen Penalties in the amount of five hundred dollars ($500.00). Motion by Mr. Viens, seconded by Mr. Hale, to fin respon in violation fine as per Section 102-38(b)(1) in the amount of five hu do $500.00). Vote on the motion carried unanimously. OLD BUSINESS: 41PI! hbbjihk. 1. Case No. 08-00142 – Violation of tion 1 tati _'Section 102- 38 a b 1 2 Enfor and Pe i ct9i - Permit RE Section 1 2-4 a I A ti the Ci of Ca e Canaveral C Ordinances 2 naveraMeach, B – John L. Ribar 8 Rick A. Ker AL. (Aoolk—fi=r Satisfa niIMa of Code Enforcement Lien.) Code EnforcNroa ` e Ale' ° ovided a brief overview of the Case history for the Br Alexander stated that the violation is for the removal of trees d it. Officer Alexander further stated that the trees in que werpine which are an invasive species. Officeroder expiaXto that staff is going to recommend that the City Council does not reequir respond mitigate the tress because they were invasive. Mr. Ribar testi`f he was not aware that a permit was needed to remove the trees. He stated thatWtIrpees were damaging property so he had them removed. Mr. Ribar requested that the Board recommend that City Council satisfy the lien for the total amount. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount of seven hundred and fifty dollars ($750.00). Vote on the motion carried unanimously. } From:CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 03/24/2009 01:59 #106 P.002/003 CITY OF CAPE CANAVERAL AYPLI;CATION FOR SATISFACTION OR RELEASE ' OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE Vii: -coq— �I �-{c71 APPLICATION FEE: $ C4 APPLICANT: _ RAW— Irl h- GT- DATE: phi , �3L�0 ADDRESS:. ;D�l CITY: _ �•.�'--I Sl. � _ STATE: _ iAF� ZIP. 3 �' NATURE OF VIOLATION(S): av L ADDRESS OF SUBJECT PROPERTY: 2ko G7A4q7&'v . .L- ��v� C' C' DATE FINPJLIEN DAPOSED: AMOUNT: 9 sd • 0o /DAY OR TOTAL COMPLIANCE DATE: RELIEF REQUESTED: TISPACTIO REDUCTION (Circle one) IF REDUCTION, TRE APPLICANT PROPOSES $_ AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATORBELAVES THIS APPLICATION SHOULD BE GRANTED: (If more Space fs needed add additional pages)1 l f�2 "Nit—iA ct44 I t��6 6'Es �• 1 ��� t��s=�:� u�:�?� �,F�v�� � SNS i �f� 'PI�r, FY��e.�i ;f�A�v�N'L� TO BE UAPOSED UPON APF (If more space is needed add additional pages) -C W r'16 -rj.14f P4 +0 1 ILI R20V-6 4T SHOULD THE APPLICATION BE GRANTED: TI -E REASONS, IF ANY, 'WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING RvIPOSED AND RECORDED: (If more space is needed add additional pages)R IIN�lQppt i1�s sem. iaa.53 ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTIIJEN'T TO THE REQUEST, INCLUDING BUT NOT LM MD TO, TIM CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (if mare space is needed add additional pages) + WA Siguture City of Cape Canaveral CITY Of `""%U"`"ESM CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA T11E CITY OF CAPE CANAVERAL, Case #08-00142 A Florida municipal corporation, Complainant, v John Ribar & Rick A. Kendust ET AL Owner of the Property located at: 210 Canaveral Beach Blvd. Cape Canaveral, 'FL 32920 LEGAL CAPE CANAVERAL BEACH GDNS UNIT 2 PART OF LOT 14 BLK 5 AS DES IN ORB 2254 PG 1725 PLAT BOOK 0017 PG 0081 Respondent, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on March 19, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1, That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with, sections 162.06 and 162.12, Florida Statutes; 2, That a violation of Chapter 102, Vegetation; Section 102-38(a)(b)(1)(2), Enforcement and Penalties; Section 102-39(a), Permits Required; Section 102-49(a)(b), Remedial Action, of the City Code; exists or existed upon the Properly; 3. That Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 7510 N. Aclanric Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myfloricLcon-/cape • email; ccapecan,averal@cfl.rr.com Case #08-00142 F, 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Chapter 102, Vegetation; Section 102-38(a),(b)(1)(2), Enforcement and Penalties; Section 102-39(a), Permits Required; Section 102-49(a)('b), Remedial Action, of the City Code; 5. That said violations exist within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine will be immediately entered in the amount of seven hundred and fifty dollars ($750.00) per Section 102-38(b)(1), and the respondent shall be given until May 20, 2009 to comply and to meet the tree replacement remediation requirements per Section 102- 49(b). 2. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 19th day of March, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA ay d Viens, ice Chairperson Case 08-00142 furnished to: John Ribar & Rick A. Kendust ET AL, Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this 20 day of Ma -,6k , 2009. Joy Lo bardi, Board Secretary 4ree Alexander, Co e Enforcement Officer City of Cape Canaveral_ ODE ENFORCEMENT BOARD Y OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 210 Canaveral Beach Blvd, Cape Canaveral Respondent(s): John L. Ribar & Rick A Kendust ET AL Case No. 2008-00142 9/16/2008 PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within fifteen (15) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penaltyas provided below rrvay be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s) and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each repeat violation described in this notice untif the violation(s) has/have been corrected. IF THE VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S) MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN INSPECTION. 1. Property where violation(s) exist(s): 210 Canaveral Beach Blvd, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist(s): John L. Ribar & Rick A Kend`ust ET At_ 2881 Heritage Circle, Merritt Island, FL 32952 7510 N. Arlancic Avenue • Posi Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Page 2 2008-00142 A site visit revealed large amounts of cut vegetation piled up on your property. An inspection revealed two trees that had been cut down in violation of the City of Cape Canaveral Code of Ordinances Chapter 102, Section 38, Enforcement and Penalties as described below. 3. Description of Violation(s) at property: Sec. 102; Vegetation Sec. 102-38. Enforcement and penalties. (a) Enforcement. The city may enforce the provisions of this division by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special master, and seeking injunctive and equitable relief. Por purposes of determining the penalties provided under this division, the removal or death of a tree in violations of this division shall be deemed irreparable or irreversible. Further, each day a violation continues shall constitute a separate violation. it shall also be a separate violation of this, division for each tree removed without a permit (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division,: (1) Failure to obtain a permit required by section 102-39 or section 10240.5. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. (2) Removal of a tree without a permit. Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. (1) $250.00 x 3 = $750.00 (2) $1;00.00 per dbh x (1) @ 27" _ $2,700.00 $100.00 per dbh x (1) @ 23" _ $2,300.00 $100.00 per d'bh x (1) @ 16" _ $1,600.00 Total $ $6,600.00 Sec. 102-39. Permits. (a) Permit required. No person shall engage in tree removal or engage inland clearing within the city without obtaining a land clearing permit required by this division and issued by the building official. If a property owner has retained a contractor to perform the tree removal or land clearing, the contractor shall be responsible for obtaining the permit required by this division prior to the tree removal or land clearing. Sec. 102-48. Waivers; incentive program; administrative interpretation appeals; incentive program. (b) Administrative interpretation appeals. Any person adversely affected by an administrative interpretation of this division by the building official may first appeal that interpretation to the city manager by filing a written notice of appeal of said interpretation within ten calendar days of said interpretation. The city manager shall decide said appeal within five business days. Any person adversely affected by an administrative decision of the city manager under this division may appeal that interpretation to the city council by filing a written notice of appeal of said interpretation within 30 calendar days of said interpretation. Failure to file an appeal within the time periods required by this subsection shall result in the administrative interpretation to be declared final. The city council shall decide said appeal within 30 days of the city's receipt of said notice of appeal and the city council's decision shall be final. Except for the mandatory time periods required for the notice of appeal, the time periods required for a decision may be extended by mutual agreement between the city and the person filing the notice of appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an administrative interpretation decision made under this division. Page 3 2008-00142 Sec. 102-49. Remedial action: (a) Violations require remedial action. Where tree removal or land clearing violations of this division have occurred, remedial action shall be taken to restore the property consistent with a restoration plan approved by the building; official or the city council if the violation is inconsistent with plans, permits, or agreements approved by the city council. The restoration plan shall require mitigation of any other damage to the property„ as well as tree replacements. The restoration plan shall be in addition to any civil penalty imposed by the city under section 102-38 of this division. (b) Tree replacement remediation requirements. Each tree destroyed or receiving major damage in violation of this division must be replaced by either a comparable size and desirable type of tree as listed within this division or providing a contribution to the tree bank equal to four times the contribution listed on table 1 or planting four prefen-ed plants listed within section 102-54 before issuance of a certificate of occupancy or certificate of completion. 4. Recommendation to Correct the violation(s) described above: You must pay the fine as stated above and submit a remedial plan to Todd Morley, Building Official for approval. Failure to comply within fifteen (15) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. have any questions regarding this Notice of Ordinance/Code Violation or the recommendations herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of iaveral., 441) 868-1222A13. Code Enforcement Officer City of Cape Canaveral City Council Agenda Form City Council Meeting Date: June 2, 2009 Item No. t-., " . . . .................... Request for Satisfaction or Release of the pending Code Enforcement Lien for Supra Color Enterprises, Inc. c/o Kurt Tezel, R. A. Department: Building Summary: At the Code Enforcement Hearing on May 21, 2009, the Board recommended that the City Council satisfy the pending Code Enforcement Lien in the amount of $34,735.00 for land clearing without a permit and the removal of invasive trees. .__........ .......... Requested Council ......................................._ Action: Consider the request for satisfaction of the pending Code Enforcement Lien in the amount of $34,735.00 as recommended. Financial Impact: Pending lien: $34,735.00 Staff cost to be provided at the Council meeting. Attachments: Supporting Documents Reviewed Board recommendation, draft Board meeting minutes, application for release of lien, Code Enforcement Board Order, Notice of Violation. Submitting Department Head: Todd Morley, Building Offici Date: May 22, 2009 Approved by City Manager: Date�� City Council Action: [ pprove as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral Date: May 22, 2009 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary Re: Recommendation to the City Council (Satisfaction or Release of Lien) On May 21, 2009 the Code Enforcement Board reviewed the Case No. 09-00025. By a unanimous vote, the Board recommended that the City Council grant the Satisfaction or Release of the outstanding lien in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.mytlorida.coin/cape • email: ccapecanaveral@cll.rr.com Code Enforcement Board Meeting Minutes May 21, 2009 Page 4 OLD BUSINESS: 1. Case No. 09-00022 -Violation of Section 102, Vegetation; Section 102- 38 a b 1 Enforcement and Penalties) Section 1 02-39 a Permit Required; Section 102-40(a)(6), Permit Criteria, of the City of Cape Canaveral Code of OrAinnnrac IX/nrrnni I nt Woof of A'AGR N Afinnfiry A%ic 1 .... Ranarua F iwar I P c micneile J i-or[er, r'i/VV lAl2piication Tor JaUSTacuon or Enforcement Lien) Mr, Porter testified that he was not aware tVape' a Wed to remove the trees. He stated that he removed p ees anne were damaging other trees. Mr. Porter request oardd that City Council satisfy the lien for the total amount (s,,,; 0.00). Motion by Mr. Godfrey on �%ns"pbrecommend that City Council satisfy the lien in the Dunt o tho+ hundred and fifty dollars ($42,250.00). Vote on t irie nimously. Kermon -mine . +%rm Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history for the Board's review, Officer Alexander stated that the respondent is requesting that the Code Enforcement Board recommend that council- satisfy the lien in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). She further stated that only Brazilian pepper trees were removed and the respondent has applied for a land -clearing permit. The respondent was notpresent at the meeting. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). Vote on the motion carried unanimously. CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE- #: — 1500 Z .5-- APPLICATION FEE: $ A© O APPLICANT:SLt PsZt / r- �-,-f- DATE: 5' f /z ,� �d 9 ADDRESS: /f9 1C� %l,. �iAoc Y 1C Ode CITY: NATURE OF VIOLATION(S): Cu. {1i,'lg STATE: ,z z - LlSi��ICe �fCCS ADDRESS OF SUBJECT PROPERTY: �� �S No• ��f vJ �� C A -e - ZIP: 5Z-7-, �,> 1 DATE FINEJLIEN IMPOSED: '1123,16e7 AMOUNT: ���� 7.35 /DAY OR TOTAL COMPLIANCE DATE: RELIEF REQUESTED: ATISFACTION REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $ AS THE AMOUNT OF THF. REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) -5EE ATU-"ACH I b SqtF4�—( TERMS OR CONDITIONS TO BE RAPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: 'If more space is needed add additional pages) IVOA16 -HE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE RIOR TO THE ORDER OF PENALTY OR FINE BEING RAPOSED AND RECORDED: (If more space is needed add lditional pages) N'o ec)AL� 7-d eL12LAV P&ply k-)46 0 VY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, CLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE :DUCTION OR SATIS�F.IA/CTION OF PENALTY OR FINE: (If more space is needed add additional pages) Date: 51b2 /10-1 Applicant's Signature STATE OF COUNTY OF 415-0,2 BEFORE NE the undersigned authority did personally appear who provided as identification, and who after being place under oath, swore or affirmed the information contained within this application is we and correct. r:' APPLICATION FEE: S Notary Publid�"' FOR STAFF USE ONLY RECEIVED BY CITY ON 51 r-�2 la COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL CONDITIONS: DATE OF COUNCIL ACTION: APPROVE, DENY; APPROVE WITH FOLLOWING CONDITIONS AND PAYMENT OF REDUCED FINE TO BE NET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE td Acul k., P, t H�:14-k- n t f 1 0. a City of Cape Canaveral 410W ;'ry Or CA"VER" CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #09-00025 A Florida municipal corporation, Complainant, V. Supra Color Enterprises, Inc., c/o Kurt Tezel, R.A. Owner of the Property located at: Vacant area located to the North of 6615 N. Atlantic Ave. Cape Canaveral, FL 32920 LEGAL: N 860.25 FT OF S 900.25 FT OF G L 3 IN SEC 22 & N 860.25 FT OF S 900.25 FT OF GL -4 IN SEC 23 LYING W OF ST RD 401 EX N 150 FT OF E 200 FT THEREOF & ORB 1215 PG 156, 1223 PGS 734 & 736,1234 PG 286 Respondent, / ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on April 23, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 102-39(a), Permit Required, of the City Code; exists or existed upon the Property; 3. That Respondent requested to be heard before the Code Enforcement Board and was present at the hearing; 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www,myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Case #09-00025 4. That based on the testimony and evidence presented, Respondent has violated City Code, to wit: Section 102-39(a), Permit Required, of the City Code; 5. That given the character of the violation, there is no opportunity for compliance and as such, no compliance hearing will be scheduled. 6. That said violation exists within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine will be entered in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00) per Section 102-38(a)(b)(1); 2.. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of April, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Chairperson Case #09-00025 furnished to: Supra Color Enterprises, Inc., c/o Kurt Tezel, R.A., Respondent City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this g ? day of laPr%( 12009, Joy Lo bardi, Board Secretary Duree Alexander, Code Enforcement Officer City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA NOTICE OF VIOLATION I r1C U II T vr' uiArC u,HkN/-+vr_RAL A Florida Municipal Corporation, Complainant, V. Owner(s) of the property located at: 6615 N Atlantic Avenue Vacant area located to the North Respondent(s): Supra Color Enterprises, Inc. C/O Kurt Tezel, R.A., Case No. 2009-00025 3/05/2009 PURSUANT to Section 162,06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondents) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within thirty (30) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s), and in addition, as set forth in Article II, Tree Protection Division, shall impose one or more of the penalties as set forth in Section 102.38, Enforcement and Penalties. 1. Property where violadon(s) exist(s): Vacant area located to the North 2. Name and address of owner(s) of property where violation(s) exist(s): Supra Calor Enterprises, Inc. 1980 N Atlantic Avenue, Suite 704 Cocoa (Beach, Florida 32931 7510 N. Atlantic Avenuc • Posc Unice Box 326 • Cape Canavcral, FL 32920-0326 Telephone: (321) 868-1222 • Fax. (321) 868-1247 \VVM.myflorida.corn/capc - cmail: ccapccanavcra1Pcfl.rr.cnm Page 2 09-00025 A complaint was filed with our office regarding the vacant lot located to the North of 6615 N Atlantic Avenue, which has been cleared without the required land clearing permit. 3. Description of Violation(s) at property: Sec. 102-39, "Permits" (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the building official. Sec. 102-38 (a) (b) (1), Enforcement and penalties. (a) Enforcement. The city may enforce the provisions of this division by any lawful means including, but not limited to, issuing a civil i citaon, bringing charges before the city's code enforcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in violations of this division shall be deemed irreparable or irreversible. Further, each day a violation continues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit, (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39 or section 10240.5. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. (No specimen trees or native species were removed). 13,894 square feet = 100 = 138.94 x $250.00 = $34,735.00 N ote. Per Section 102-36, Definitions: the following term when used in this division, shall have the following meaning: Land clearing means the disturbance or removal of vegetation from any site, parcel or lot using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine mowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree removal activities. Sec. 102-40 (a)(6). Permit criteria; exemptions; standards of review. (a) Permitted criteria. Upon receipt of a completed application and verification by the building official, the building official may, after applying the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (6) Undesirable trees, per section 102-53 of this division, RECOMMENDATIONS: 4, Recommendation to correct the violation(s) described above: You must obtain a permit for land clearing and pay the fine in the amount of $34,735.00 for clearing your property without the required permit per Section 102.39, of the City of Cape Canaveral Code of Ordinances. Page 3 09-00025 NOTE: Sec. 102-48. Waivers; incentive program; administrative interpretation appeals; incentive program. (a) Waivers of division requirements. The City Council may grant a waiver to provisions of this Division where the applicant demonstrates that the literal interpretation of the Division will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the Division. (b) Administrative interpretation appeals. Any person adversely affected by an Administrative Interpretation of this Division by the Building Official may first appeal that interpretation to the City Manager by filing a written notice of Appeal of said interpretation within ten calendar days of said interpretaWn. The City Manager shall decide said Appeal within five business days. Any person adversely affected by an administrative decision of the City Manager under this Division may appeal that interpretation to the City Council by filing a written Notice of Appeal of said interpretation within 30 calendar days of said interpretation, Failure to file an Appeal within the time periods required by this subsection shall result in the Administrative Interpretation to be declared final. The City Council shall decide said Appeal within 30 days of "the Citi s receipt of said Notice of Appeal and the City Council's decision shall be final. Except for the mandatory time periods required for the Notice of Appeal, the time periods required for a decision may be extended by mutual agreement between the City and the person filing the Notice of Appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an Administrative Interpretation decision made under this division. Failure to comply within thirty (30) days from receipt of this Notice shall result in further action, as outlined in the previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations rei ed herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of anaveral, (Ul) 860--2-2-2 x 15. Code Enforcement Officer ............................. Subject: Request for Satisfaction or Release of the pending Code Enforcement Lien for Banana River LP, aka Banana River of Delaware, LTD, c/o John K. & Michelle J. Porter, H/W Department: Building Summary: At the Code Enforcement Hearing on May 21, 2009, the Board recommended that the City Council satisfy the pending Code Enforcement Lien in the amount of $42,250.00 for land clearing without a permit and the removal of invasive trees. Requested Council Action: Consider the request for satisfaction of the pending Code Enforcement Lien in the amount of $42,250.00 as recommended. Financial Impact: Pending lien: $42,250.00 Staff cost to be provided at the Council meeting. Attac"ments: ®'Supporting Documents Reviewed Board) recommendation, draft Board meeting minutes, application for release of lien, Code Enforcement Board Order, Notice of Violation. Submitting Department Head: Todd Morley, Building Offici*-- Date: May 22, 2009 Approved by City Manager: Date: City Council Action: [ ] �;o as ecommended [ ] disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain City of Cape Canaveral C11" or "919 "I"VEMU Date: May 22, 2009 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary Re: Recommendation to the City Council (Satisfaction or Release of Lien) ----------------------------------------- ----------------- --------------------------- --------------- -- On May 21, 2009 the Code Enforcement Board reviewed the Case No. 09-00022. By a unanimous vote, the Board recommended that the City Council grant the Satisfaction or Release of the outstanding lien in the amount of forty-two thousand two hundred and fifty dollars ($42,250.00). 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myfiorida.com/cape • email: ccapecanaveral0d.mcom Code Enforcement Board Meeting Minutes May 21, 2009 Page 4 OLD BUSINESS: Case No. 09-00022 - Violation of Section 102, Vegetation; Section 102- 38(a)(b)(1), Enforcement and Penalties; Section 102-39LaA Permit Required; Section 102-40(a)(6), Permit Criteria of the City of Cage Canaveral Code of Ordinances. (Vacant Lot. West of 6395 N. Atlantic Ave.) Banana River LP Michelle J. Porter, H/W. (Application for Satisfaction or Enforcement Lien) Code Enforcement Officer, Duree Alexander provided "`ief overview""°' a Case history for the Board's review. o� Officer Alexander stated that the respondent is requ th Code Enforcement Board recommend that council satisfy the lien in thea orty-two thousand two hundred and fifty dollars ($42,250.00). S rther state t only Brazilian pepper trees were removed and the respondent d for a learing permit. Mr. Porter testified that he was not aware a pe- ne' d to remove the trees. He stated that he removed p ees an o ine, were damaging other trees. Mr. Porter request oard r mend that City Council satisfy the lien for the total amount ($,�, 0.00). ��, Motion by Mr. Codfre' on pf4 the lien in the Dunt o o"thou Vote on th, Erie nimously. 2. 4SEase No. 09- 5 - VIMion of S M recommend that City Council satisfy hundred and fifty dollars ($42,250.00). 102. Vegetation: S Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history for the Board's review. Officer Alexander stated that the respondent is requesting that the Code Enforcement Board recommend that council satisfy the lien in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). She further stated that only Brazilian pepper trees were removed and the respondent has applied for a land -clearing permit. The respondent was not present at the meeting. Motion by Mr. Viens, seconded by Mr. Hale, to recommend that City Council satisfy the lien in the amount of thirty-four thousand seven hundred and thirty-five dollars ($34,735.00). Vote on the motion carried unanimously. CITY OF CAPE CANAVERAL APPLICATIION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN C4 CODE ENFORCEMENT CASE #!: D 9 - 0 D () a APPLICATION FEE: $ Je e) APPLICANT: 30 A N �rJ_2 TL -`2 DATE: A2 ' ADDRESS: 1� /.5 !%lo1?d . CITY: CA N,� U 4 /f STATE: �,4 ZIP: NATURE OF VIOLATION(S): 1,,&Nd C Ir -Ale /,,/ V Gu 17-1,1,ou,— P� Q 11 , r ADDRESS OF SUBJECT PROPERTY: ajOt= .5 2 t S � 2 j: IV. ed i .Z lf_ w Ti L ff � &7 rm DATE FINEILIEN IMPOSED: j -d 5' AMOUNT:? zz A -S e /DAY OR TOTAL COMPLIANCE DATE: A L U�' ► �l 1 /� �v c E we .� a i,v !I RELIEF REQUESTED: SATISFACTION REDUCTIO (Circ)e one) IF REDUCTION, THE APPLICANT PROPOSES $ --d— AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) /4Yo 7-4 f FsL., ,rr -% �K A; --e , 7-4 e0a xv t:& rr W IfS C / eA e t`jo C7 Ir` / n/ bffg ( v' 51.E c tet= S— Ae i ,Ag 9 )el L V )3.69 Z J.,/- /-I �Y TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) / ,�, , ty « (3C in %L' D FHE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE 'RIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add dditional pages) rA W o,e le 1ti,+ S C. o • t i L ,o t3 FF o,< e, ",C' tti c 4 '*7'j-'0 t ,NY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THF REQUEST, gCLUDING BUT NOT LRvfITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE EDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional paves) 7,-6jS wAS ,4N &e-'" dF dF 7HL �,4w n/o: �3 lNrLG�=uL VJPt,f-TIcM OE C/?Y Date: -5--)2 - 0 7 S STATE OF t Z—/ a A/ 104 COUNTY OF _ a z U a 2 0 /� BEFORENE the undersigned authority did personally appear J e 1 „/ k. �o g r E rt who provided L f e,esory tac!eNo iyAj 7c, A, a- as identification, and who after being place under oath, swore or armed the information contained within this application is true and correct \`dt111HIitIb►I/i ZL Notary Public =* 'lot ' A= aoD 744 701 o FOR STAFF USE ONLY /r//�tr�tttttt APPLICATION FEE: $ utC-R> RECEIVED BY CITY ON 6 COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; CONDITIONS: DATE OF COUNCIL ACTION: APPROVE WITH FOLLOWING CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE i.hange tt►�uit�t �tila.�Cl jNOr,�fr% City of Cape Canaveral LI"ANAV CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #09-00022 A Florida municipal corporation, Complainant, LIFIA Banana River LP aka Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. North Atlantic Avenue Properties, LLC; c/o Helen M. Ward, R.A. Stephen J. Porter, Trustee John K. & Michelle J. Porter, H/W Owners of the Property located at: 290 Cape Shores Circle 6315 N. Atlantic Avenue 215 Holman Road Vacant Parcel #24-37-26-00-00253.2-0000.00 Cape Canaveral, FL 32920 LEGAL: N 160 FT OF LOT 1 SEC 27&S40FTOFLOT 3SEC 22&S40FTOFLOT 4SEC 23WOFSTRD-N 160 FT OF LOT 1SEC 26WOFSTRD-PTASDES INORB 2534PG1090,5460PG3363EXC DB316PG172--S200FTOFN360FTOF SECS 26, 27 W OF ST RD EXC ORB 5191 PG 2758, 5460 PG 3363 - S 200 FT OF N 560 FT OF SECS 26, 27 W OF ST RD & AS DES IN ORB 30 PG 559 EX E 400 FT - THAT PART OF S 200 FT OF N 360 FT OF GOVT LOT 1 W OF ST RD AS DESC IN ORB 5191 PG 2758 EXC ORB 2802 PG 493 Respondents, ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on April 23, 2009 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exist or existed on the property. The Board, having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, makes the following Findings of Fact and Conclusions of Law incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. That Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances ("City Code") and consistent with sections 162.06 and 162.12, Florida Statutes; 2. That a violation of Section 102-39(a), Permit Required, of the City Code; exists or existed upon the Property; 7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • Fax: (321) 868-1247 www.myflorica.com/cape • email: ccapecanaveral@c(l.rr.com Case 409-00022 3. That Respondent requested to be heard before the Code Enforcement Board and was present at the hearing; 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Section 102-39(a), Permit Required, of the City Code; 5. That given the character of the violation, there is no opportunity for compliance and as such, no compliance hearing will be scheduled. 6. That said violation exists within the City of Cape Canaveral and that such constitutes violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. A fine will be entered in the amount of forty-two thousand two hundred and fifty dollars ($42,250.00) per Section 102-38(a)(b)(1); 2. The Clerk of the Code Enforcement Board shall record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 3. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is / are found to exist. 4. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violation(s) on Respondent's property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this 23rd day of April, 2009. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA . 1�� 6�e� Mary Russd I, Chairperson Case #09-00022 ies furnished to: Banana River LP aka Banana River of Delaware, LTD; c/o Helen M. Ward, R.A. North Atlantic Aveenue Properties, LLC; c/o Helen M. Ward, R.A. Stephen J. Porter, Trustee John K. & Michelle J. Porter, HAN, Respondents City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty on First Violation has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized representative on this ;�?9 day of < , 2009. Joy Lep6bardi, Board Secretary Duree Alexander, Code Enforcement Officer City of Cape Canaveral. 60 " CITY ENFORCEMENT A ORCEMENT BOARD F"' CANAVERAL, FLORIDA CAMV " NOTICE OF VIOLATION THE: CITY OF CAPE CANAVERAL Case No. 2009-00022 A Florida Municipal Corporation, 3/05/2009 Complainant, Owner(s) of the property located at: Vacant parcel located West of 6395 N Atlantic Avenue Respondent(s): Banana River LP aka Banana River of Delaware, LTD CIO Helen M. Wards, R.A. North Atlantic Avenue Properties, LLC C/O Helen M. Ward,R.A. Stephen J. Porter, Trustee John K Michelle J. Porter, H/W PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article Vl, of the City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below. Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below is/are to be voluntarily performed within thirty (30) days. In the event that the violation(s) is/are not corrected within the time period set forth above or the violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondents) may be required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a penalty as provided below may be imposed. The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s), and in addition, as set forth in Article II, Tree Protection Division, shall impose one or more of the penalties as set forth in Section 102.38 Enforcement and Penalties. 1. Property where violation(s) exist(s): (1) 290 Cape Shores Circle, Cape Canaveral (2) 6315 N Atlantic Avenue, Cape Canaveral (3) 215 Holman Road, Cape Canaveral (4) Vacant Parcel #24-37-26-00-00253.2-0000.00 2. Name and address of owner(s) of property where violation(s) exist(s): (1) Banana River LP aka Banana River of Delaware, LTD C/0 Helen M. Ward, R.A 6419 N Atlantic Avenue Cape Canaveral, FL 32920 7510 N. AtL-inric Avenue • 1'mr Ofl-i ;e Dox 326 • Cape Canaveral, FL .32920=0326 Telephone: (321) 868-1222 • Fa3c (321) 868-1247 www,myflorida.eom/cape • email: ccapccanavcm1@efl.rr.com Page 2 09-00022 (2) Stephen J. Porter, Trustee 51 Stephany Road Fairview, PA 16415 (3) John K & Michelle J. Porter, H/W 215 Holman Road Cape Canaveral, Florida 32920 (4) Banana River LP aka Banana River of Delaware, LTD 6419 N Atlantic Avenue Cape Canaveral, FI 32920 A site inspection revealed land clearing of unimproved property(ies) without first obtaining the required permit(s) per Section 102-38, of the City of Cape Canaveral Code of Ordinances. 3. Description of Violations) at property: Sec. 102-39, "Permits" (a) Permit required. No person shall engage in tree removal or engage in land clearing within the city without obtaining a land clearing permit required by this division and issued by the building official. Sec. 102-38 (a) (b) (1), Enforcement and penalties. (a) Enforcement. The city may enforce the provisions of this division by any lawful means including, but not limited to, issuing a civil citation, bringing charges before the city's code enforcement board or special master, and seeking injunctive and equitable relief. For purposes of determining the penalties provided under this division, the removal or death of a tree in violations of this division shall be deemed irreparable or irreversible. Further, each day a violation continues shall constitute a separate violation. It shall also be a separate violation of this division for each tree removed without a permit. (b) Penalties. In addition to all other remedies set forth in this division, one or more of the following civil fines shall apply to violations of this division: (1) Failure to obtain a permit required by section 102-39 or section 102-40.5. Fine of $250.00 per tree or $500.00 per specimen tree removed, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. (No specimen trees or native species were removed). 16,980 square feet = 100 = 169.80 x $250.00 = $42,450.00 Note: Per Section 102-36, Definitions: the following term when used in this division, shall have the following meaning: Land clearing means the disturbance or removal of vegetation from any site, parcel or lot using backhoes, bulldozers, root rakes, or similar mechanical means which may kill or damage roots, branches, or trunks; provided, however, it does not include routine mowing, sod replacement, planting of landscape material, shrub pruning, and shrub removal, and tree trimming or pruning, which does not result in grade changes. Land clearing permit shall mean a permit issued by the building official under this division which authorizes land clearing and/or tree removal activities. Page 3 09-00022 Sec. 102-40 (a)(6). Permit criteria; exemptions; standards of review. (a) Permitted criteria. Upon receipt of a completed application and verification by the building official, the building official may, after applying the standards of review set forth in subsection (c), issue a land clearing permit under any one of the following conditions: (6) Undesirable trees, per section 102-53 of this division. RECOMMENDATIONS: 4. Recommendation to correct the violation(s) described above: You must obtain the permit(s) for land clearing and pay the fine in the amount of $42,450.00 for the clearing of the property(ies)/parcel(s) identified above without the required permit per Section 102.39, of the City of Cape Canaveral Code of Ordinances. NOTE: Sec. 102-48. Waivers; incentive program; administrative interpretation appeals; incentive program. (a) Waivers of division requirements. The City Council may grant a waiver to provisions of this Division where the applicant demonstrates that the literal interpretation of the Division will deny the applicant reasonable use of the property or where such waiver can be demonstrated to be consistent with the purpose and intent of the Division. (b) Administrative interpretation appeals. Any person adversely affected by an Administrative interpretation of this Division by the Building Official may first appeal that interpretation to the City Manager by filing a written notice of Appeal of said interpretation within ten calendar days of said, interpretation. The City Manager shall, decide said Appeal within five business days. Any person adversely affected by an administrative decision of the City Manager under this Division may appeal that interpretation to the City Council by filing a written Notice of Appeal of said interpretation within 30 calenda=r days of said interpretation. Failure to file an Appeal within the time periods required by this subsection shall result in the Administrative Interpretation to be declared final. The City Council shall .decide said Appeal within 30 days of the City's receipt of said Notice of Appeal and the City Council's decision shall be final, Except for the mandatory time periods required for the Notice of Appeal, the time periods required for a decision may be extended by mutual agreement between the City and the person filing the Notice of Appeal. The appeal procedure under this subsection shall be the exclusive method for appealing an Administrative Interpretation decision made under this division. Failure to comply within thirty (30) days from receipt of this Notice shall result in further action, as outlined in the: previous page(s) of this Notice of Violation. If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations ined herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of a Canaveral ,(321) 868-1222 x 15. 4ureean er . w. Code Enforcement Officer City Council Meeting Date: June 2, 2009 Item No. i1 Subject: Discussion: Municipal Economic Development Powers Department: City Attorney Summary: In furtherance of the City Council's recent focus on the Redevelopment Plan, the city attorney would like to provide a brief presentation on the City's general municipal economic development powers under the Florida Municipal Home Rule Powers Act and the creation of a Brownfield area for economic development purposes. Requested Council Action: Review and comment on the presentation. Financial Impact: N/A Attachments: x❑ Supporting Documents Reviewed Power Point hand-outs will be distributed at the meeting. Submitting Department Head: Date: Approved by City Manager: Date: City Council Action: [ J rave as Recommended [ J Disapproved [ J Approved with Modifications [ J Tabled to Time Certain cape- ntlki m1m ydocu m entsladm in 1co u n ci 11m eet i ng \2 009106-02-091devel opme n t. doc