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HomeMy WebLinkAboutPacket 05-06-2008 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: REPORTS: City Manager Staff y of Cape Canaveral IL REGULAR MEETING 'HALL ANNEX D, Cape Canaveral, Florida TUESDAY lay 6, 2008 7:00 PM AGENDA City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. PRESENTATION: Cindy Flachmeier, Community Services Council, Presenting a Plaque to Mayor Rocky Randels - "Mayors for Meals" Program. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 15, 2008. 2. Resolution 2008-11; Reappointing Walter Bowman to the Community Appearance Board. 3. Proclamation in Recognition of Management Week. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com of Cape Canaveral, Florida City Council Regular Meeting Agenda May 6, 2008 Page 2 of 2 ORDINANCES: Second Public Reading: 4. Motion to Adopt: Ordinance No. 04-2008; Amending Chapter 110, Zoning, Related to Courtesy Notices for Public Hearings; Providing that Courtesy Notices may be Sent by Regular Mail or Postcard, at Second Reading. 5. Motion to Adopt: Ordinance No. 06-2008; Amending Chapter 2, Article VI of the City Code Related to Code Enforcement; Creating a New Division Entitled Public Nuisance Abatement, at Second Reading. CONSIDERATION: 6. Motion to Approve: Approval of the Annual Audit for the Year Ending September 30, 2007. 7. Motion to Approve: A Recommendation of the City Council for the Satisfaction or Release of Code Enforcement Lien, Norman Boucher, Case 2007-00226. 8. Motion to Approve: Award of Bid #08-01, Mowing/ Maintenance of City Landscaped Areas, Rights -of -Way, Wastewater Treatment Plant, Lift Stations and Central Ditch. 9. Motion to Approve: Award of Bid #08-02, Fertilization, Insect, Disease and Weed Control of Turf Areas and Central Ditch. 10. Motion to Approve: Request for State and Federal Transportation Project Funding. RESOLUTION: 11. Motion to Adopt: Resolution No. 2008-10; Supporting the Proposed Florida Senate Action to the United States House of Representatives Confirming and Accepting the Decision of the U.S. Air Force to Award the Tanker Contract to Northrop Grumman Corp. and EADS N. America. 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 Cleric's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 15, 2008 7:00 PM MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Walter Bandish Assistant Public Works Director Jeff Ratliff Building Official Todd Morley Recreation Director Robert Lefever REPORTS: City Manager • Mr. Boucher reported that the Cape Canaveral Library exterior lighting was repaired. • Mr. Boucher reported that the beachside City Managers and the Brevard County Fire Rescue Department would meet concerning the lifeguards on Thursday, April 17th. One point of discussion was an Interlocal Agreement for rip -tide warning sign placement. • Mr. Boucher announced the Annual Trash Bash sponsored by Keep Brevard Beautiful on Saturday, April 19th. Area site volunteers will meet at Cherie Down Park. • Mr. Boucher reminded the Council of the meeting with the City Treasurer on April 301h for a Revenue Analysis discussion. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 2 of 11 Mr. Boucher reported on the Town Meeting and the discussion related to height limitations and Minutes were available in the City Clerk's Office. Ms. Roberts thanked staff for holding the meeting and asked what would occur next. Mr. Petsos also requested additional notice for any subsequent meetings including articles in the newspaper. Mr. Tom Garboski, 303 Surf Drive, attended the meeting and stated that most of the business owners did not live in the City. He conveyed how many of the residents were not in favor of raising the building height limits. He suggested that the City draft a Referendum question. Mr. Boucher informed that another Town Meeting would be scheduled in May. Mr. Petsos stated that in the essence of time he would like to see the City Attorney begin to work on Referendum language in preparation for the upcoming Election. Ms. Roberts pointed out that a voter referendum would only apply to registered voters. Mayor Pro Tem Hoog suggested a mail -out seeking a yes or no response to amend the building height limitation. Mr. Nicholas expressed that the City needed a broad response base before taking action. Mr. Ray Osborne of Holman Road made two suggestions: 1) to register interested parties on the City web site, and 2) to continue discussion on the architectural theme as well as building height limitations. Ms. Joyce Hamilton, of 110 Jefferson Avenue, stated that although she did not speak at the meeting, she conducted a petition related to the building height limitations. She stated that the public needs an education on the topic. Ms. Hamilton also stated that a mail -out would be more effective than a Referendum since there were more business and home owners than registered voters. She reminded of the minimal amount of available vacant land and the need to make beneficial use of available resources. Mr. Nicholas concluded that the City would take action, but prudently. City Council Council Member Roberts • Ms. Roberts requested a panel interview Board for the new Planning and Development Director. Brief Council discussion concluded that this would counter the City's Charter as the City Manager was responsible for hiring staff. • Ms. Roberts addressed peacock relocation as a safety issue. Mr. Boucher explained that residents were informed of transfer locations; however, the requestor would need to employ a trapper. • Ms. Roberts reported that Brevard County uses SAP for their Accounting purposes. She would return with additional information on this issue. • Ms. Roberts reported that elderly residents were having difficulty crossing the dunes in places where that sand was in heights larger than 3 -feet. She requested that Public Works clear those high dune areas. Walter Bandish, Public Works Director, reported that the Army Corps of Engineers would slope City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 3 of 11 the sand. At this time, the City no longer has a contract with them, so any work would incur a fee. • Ms. Roberts announced that Cape Canaveral would host the Space Coast League of Cities dinner at the Radisson on Monday, April 21 st. She displayed the souvenir bags for the attendees and said that Council members could reimburse the costs. Council Member Nicholas • Mr. Nicholas requested to know the cost of a trapper. Council Members Petsos • Mr. Petsos commended the City Clerk's Office on a successful Board Appreciation Dinner. Mayor Pro Tem Hoog • No report. Mayor Randels • Mayor Randels questioned the value of maintaining a collective Calendar for City Council members. Ms. Roberts stated that a year-long calendar would benefit the Council with each Member being made aware of the activity of the other. Mayor Randels explained that the meetings Council Members attend were subject to change daily. Brief discussion concluded that the Meeting Calendar would be difficult to plan and maintain from an annual perspective. • Mayor Randels commended the Recreation Director on the Department's upcoming events. • Mayor Randels commended the Finance Office on the condensed monthly Budget books. • Mayor Randels reported that he met with Mr. DeLucia, building owner of 166 Center Street, related to the building's future use. • Mayor Randels announced that he became a member of the Space Coast Lighthouse Association and conveyed their intent to conduct upcoming tours of the Lighthouse. • Mayor Randels reported that he spoke to the St. John River Water Management Governing Board. He informed that St. John's planned to reduce the Reclaimed Water schedule to two days per week. Staff Public Works Director • No report. Recreation Director 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 4 of 11 City Clerk • Ms. Stills thanked all who attended the Annual Board Member Appreciation Dinner. She placed for consideration of future events for the Council to use the Manatee Sanctuary Park pavilion. City Attorney • No report. AUDIENCE TO BE HEARD: • Mr. Ray Osborne explained how he planned to emulate the Satellite Beach DVD and to interview a number of noted Cape Canaveral residents. He requested City Council's input toward his unsolicited proposal. Ms. Roberts questioned if the City were legally responsible to give advice to Mr. Osborne's unsolicited proposal or was the City legally obligated to draft a Request for Proposal. Mr. Boucher replied that the City would need to formalize its Proposal as Council had identified the desire to record the City's heritage. Mr. Osborne would be welcome to submit a Request for Proposal at that time. Mayor Randels explained the revised Council Meeting format and how the City Attorney would read the Ordinance titles and either the City Attorney or the sponsoring Department Head would explain the Ordinance or any amendments to an Ordinance. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of April 1, 2008. 2. Outdoor Entertainment Permit for the March of Dimes: March for Babies. 3. Outdoor Entertainment Permit for an Outdoor Permit for the 2008 Earned Respect Tour, Promoted by Clinton Thomas. 4. Proclamation in Recognition of 2008 National Public Works Week. Mayor Randels questioned if any Council member, staff or interested party desired to remove any of the items for discussion. Mr. Nicholas requested to remove Item No. 3 for discussion. Mr. Roberts requested to remove Item No. 4 for discussion. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to approve Consent Agenda Item No. 1 and 2. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 5 of 11 3. Outdoor Entertainment Permit for an Outdoor Permit for the 2008 Earned Respect Tour, Promoted by Clinton Thomas. Mr. Lefever introduced Mr. Clinton Thomas to explain the Earned Respect Tour. Clinton Thomas, of 5760 Meridian Way, Orlando, Florida, explained how the Tour was a promotion to draw males back into the lives the community's youth. The Tour would visit nine Counties. He stated that the sporting event and awards was a promotion related to valuable family, health and legal information which was made available during the Tour. Mr. Thomas replied to Ms. Roberts' that there was a charge to participate in the Basketball Tournament; however, all other activities were at no cost. He informed that he would hire three deputies for the event. Mr. Thomas explained that people could register for the Basketball Tournament from a web site. He replied to Mr. Nicholas that he identified specific Counties for the event. Mr. Thomas explained how he planned to use flyers, radio, and the Recreation Director's help through the Parks and Youth organizations for promotional coverage. Ms. Roberts raised the need to purchase an Electronic Message Board and not to rent the Board due to its expense. Mr. Bandish stated that the cost was $100 per day for rental with a $50 delivery charge. Mr. Petsos asked Mr. Thomas if he were working with the schools and Law Enforcement. Mr. Thomas replied that he contacted the local schools, Law Enforcement, and the Health Department for the Tour. He assured Mr. Petsos that the event would be monitored for litter. Mr. Clinton informed that the fee was $150 for a child and one male parent. Since the event was Countywide, Mr. Petsos requested that Mr. Lefever notify the Brevard County School Board. Mr. Lefever stated that he would handle the local contacts. Mr. Lefever stated that he had discussed the event with Mr. Thomas several months prior to the request and the Recreation Board had also discussed the event. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Consent Agenda Item No. 3 to Waive the Outdoor Entertainment Permit Fee and to Rent an Electronic Message Board for One Week. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 4. Proclamation in Recognition of 2008 National Public Works Week. Ms. Roberts asked if there would be an Open House at the Water Reclamation Plant to recognize National Public Works Week. Mr. Bandish affirmed that Public Works would conduct an Open House between 12 Noon and 2 PM during the week of May 18th through May 24th including a tour of the Plant as well as refreshments and souvenirs for children. All are invited to attend. Ms. Roberts also mentioned to acknowledge the Public Works employees during that week. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to approve Consent Agenda Item No. 1 and 2. The vote on the motion carried 5-0 with voting City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 6 of 11 as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. ORDINANCES: Second Public Reading: 5. Motion to Adopt: Ordinance No. 05-2008; Amending Chapter 22, Community Development of the City Code Related to Community Appearance Review; Amending Section 22-40 to Clarify Which Properties are Subject to Community Appearance Board Review Prior to Any Building Permit Being Issued, at Second Reading. Attorney Garganese read Ordinance No. 05-2008 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE III OF CHAPTER 22, COMMUNITY DEVELOPMENT, OF THE CITY CODE RELATED TO COMMUNITY APEARANCE REVIEW TO CLARIFY WHICH DEVELOPMENT PROJECTS ARE SUBJECT TO COMMUNITY APPEARANCE BOARD REVIEW; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE, SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels stated that all the amendments from the previous meeting were included in the revised Ordinance. Ms. Roberts referred to Page 2, Section 22-40, and questioned if City Council's role was under limited circumstances. Attorney Garganese clarified that the Council still had the right to review Appeals. Ms. Roberts questioned the location of Item B, under Approval Prerequisite for Permits, as it was not in the text. Attorney Garganese explained that the asterisks at the end of the strike out portion of the document indicated, for purposes of Codification, where the existing language would continue; therefore, Item B was still included however after the stricken language. There was no public comment. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 05-2008 at Second Reading. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. ORDINANCES: First Public Reading: 6. Motion to Approve: Ordinance No. 04-2008; Amending Chapter 110, Zoning, Related to Courtesy Notices for Public Hearings; Providing that Courtesy Notices May be Sent by Regular Mail or Postcard, at First Reading. Attorney Garganese read Ordinance No. 04-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REGARDING NOTICE OF PUBLIC HEARINGS; AMENDING CHAPTER 58, PLANNING TO City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 7 of 11 REQUIRE NOTICE OF PUBLIC HEARINGS RELATED TO AMENDMENT OF THE CITY'S FUTURE LAND USE MAP; AMENDING CHPATER 110, ZONING, TO AMEND THE DEFINITION OF "COURTESY NOTICE;" AMENDING SECTION 110-28 REGARDING THE TIMING AND MANNER IN WHICH THE CITY SHALL PROVIDE NOTICE OF PUBLIC HEARINGS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese stated that this Ordinance proposed additional Notice requirements. He stated that the Ordinance amends Chapter 58, Planning, and would require that all Amendments to the Future Land Use Map be given Notice as follows: 1) Notice at least 30 calendar days prior to the Hearing, 2) posting the affected property, 3) posting at City Hall, 4) posting on the City's Official Web site, 5) notifying by Certified Mail all affected owners within 500 -feet of the subject property, and 6) notifying by Certified Mail the owners of the subject property. In addition, amendments to Chapter 110, Zoning, were proposed and there were currently Notice requirements regarding amendments to the Zoning Map, Variances, and Special Exceptions. This Ordinance would require that: 1) all Public Hearings provide Notice at least 30 calendar days prior to Re -zonings, Variances, and Special Exceptions, 2) posting the affected property, 3) posting at City Hall and, in addition 4) posting on the City's Official Web site. The Ordinance proposed to delete the Certified Mail requirement of all property owners and condominiums within 500 -feet of the subject property for Special Exceptions and Variances; however, Notices for Re -zonings would require mailing by Certified Mail with Return Receipt. Because of the 30 -day Notice requirement, applications for Re -zonings, Variances, and Special Exceptions would require submittal at least 60 -days in advance of the Planning and Zoning Board meeting for staff review and Public Meeting notification. Mr. Petsos requested that the language clearly state that "the City" shall post the affected property. Attorney Garganese recommended the following language, "The City shall post Notice the Public Hearings in the following manner." Ms. Roberts expressed her concern with the extension of the whole process. Attorney Garganese explained how in order to accommodate the 30 -day window and allow for advertisement, the process required an extension. He explained further how multiple public meetings, one Planning and Zoning Meeting and two City Council meetings, required a 30 -day Notice. Mr. John Grandlich, of Ron Jon Cape Caribe, Inc., stated that their firm's meeting Notices were sent approximately 10 -days to two weeks prior to the meeting and he suggested a two-week time frame. He commended the City's web site and stated that the Board and City Council Agendas and Agenda Packets were posted to the City's web site and readily available for access to any needed Public Meeting information. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 8 of 11 Ms. Roberts again expressed the concern that the intent was to provide adequate Notice; not to extend the overall process. Discussion followed related to amending Section 110- 38 to 14 -days. Attorney Garganese reminded that the City's meetings were within a two- week cycle. He reminded that after the First Reading the Public Notice requirement was 10 -days before the Second Reading. Ms. Roberts questioned the Notice requirement prior to the first City Council Meeting and stated that feedback from the community warranted Notice prior to that meeting. Attorney Garganese explained that a Certified Mail Notice prior to the Planning and Zoning Meeting and the first City Council Meeting would be adequate. Attorney Garganese suggested reducing the amount of Certified Mail Notice time to at least 14 calendar days prior to the Planning and Zoning Board Meeting and the First Public Reading at City Council and to eliminate the Certified Mailing Notice before the Second Reading. An amendment to the Main Motion was made by Ms. Roberts and seconded by Mr. Nicholas: 1) to reduce the number of calendar days from thirty to fourteen, 2) to eliminate Certified Mailing Return Receipt prior to the second and final readings, and 3) to strike "to provide notice" and insert "the City shall post notice" on the affected property, in Section 58-1 and Section 110-28, subparagraph (b). The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Ordinance No. 04-2008 at First Reading. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 7. Motion to Approve: Ordinance No. 06-2008; Amending Chapter 2, Article VI of the City Code Related to Code Enforcement; Creating a New Division Entitled Public Nuisance Abatement." Attorney Garganese read Ordinance No. 06-2008 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, OF THE CITY CODE RELATED TO CODE ENFORCEMENT; CREATING A NEW DIVISION ENTITLED "PUBLIC NUISANCE ABATEMENT"; ESTABLISHING A PURPOSE AND INTENT; ESTABLISHING A PUBLIC NUISANCE ABATEMENT BOARD; PROVIDING FOR THE BOARD'S MEMBERSHIP AND MEETING REQUIREMENTS; PROVIDING DEFINITIONS; PROVIDING POWERS OF THE BOARD; ESTABLISHING THE NUISANCES SUBJECT TO ENFORCEMENT BY THE BOARD; PROVIDING FOR ENFORCEMENT, NOTICE AND HEARING PROCEDURES; PROVIDING FOR PENALTIES, FINES, AND LIENS; PROVIDING FOR AN APPEAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 9 of 11 INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Attorney Garganese stated how this Ordinance was relative to State law by definition and content and adoption would enable the Ordinance's use in the City code. The Ordinance would delegate the City's Nuisance Abatement Ordinance Enforcement to the City's Code Enforcement Board. He explained that the Brevard County Sheriff's Office would assume the duties of Nuisance Abatement Enforcement. Attorney Garganese explained how the Nuisance Abatement Coordinator would monitor specific activities that have occurred. If the established threshold of violations were met, then the violation would proceed to the Nuisance Abatement Enforcement Board and prosecuted similar to a Code Enforcement Board action. Attorney Garganese referred to changes on Page 5 of 10, Section 292-76 subparagraph (a) and noted that it should read, "the City Manager." shall review all complaints and subparagraph (b) should read, if "the City Manager" shall review all complaints received from the Nuisance Abatement Coordinator and if "the City Manage" deems the complaint sufficient. These insertions would replace the words, "City Attorney." Attorney Garganese referred to Page 6, subparagraph (e), recommending to add the sentence "the Board shall approve all Settlement Agreements by Written Order." A representative of Law Enforcement acknowledged the Department's favor on the Ordinance as a valuable prosecution tool. Ms. Roberts asked if the Code Enforcement Board had reviewed the Ordinance. Mr. Boucher stated that Attorney Garganese would discuss the Ordinance with the Board at their meeting on Thursday, April 17th. Attorney Garganese replied to Ms. Roberts' question related to the term Public Nuisance saying that the Council could choose another name other than "Nuisance Abatement." Mr. Lamar Russell, Planning and Zoning Board Vice Chairperson, recalled the Board's discussion that prosecution was relative to the number of calls and not based on the type of nuisance activity, such as whether it was criminal or not. He emphasized that this Ordinance would provide the Code Enforcement Board with a necessary tool. Attorney Garganese explained that the meetings for this Board would occur prior to the Code Enforcement Board. Mayor Randels stated that this would allow the City to effectively address criminal activity. Attorney Garganese stated that this Ordinance addressed prostitution, drugs, stolen property, and gang -related activity. Ms. Roberts referred to Page 2, and requested to add, "the quality of life" in the Section that addresses the Ordinances Purpose and Intent. Ms. Roberts referred to Page 3, related to meeting frequency and asked if the Ordinance were stipulating a meeting if there were no business. Attorney Garganese clarified that the Chairperson could cancel the meeting if there was no business to discuss. Ms. Roberts also referred to Page 4, Section 2-295, and if the language could be changed from "on more than two occasions within a six month period." Attorney Garganese stated that the Council did not have the prerogative to change that language. City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 10 of 11 Ms. Roberts suggested a review of the Ordinance related to the timeframes, for notifying the property owner of violations. Ms. Roberts also suggested clarification of calendar days in Section (g), Page 7. Ms. Roberts then referred to Page 8 and the allowable fee of $15,000. Attorney Garganese stated that the fee was per incident, based on Statutes, and therefore, not subject to change. Ms. Roberts questioned the timeframe of a foreclosure action. Attorney Garganese explained how under the Code Enforcement statute the Lien was required to be recorded in Public Records within 90 -days and he added that the City could not foreclose on homestead property. Attorney Garganese explained how the Statute requires three days written Notice be given to the property owner; however, the City could extend the number of days and specifically state "calendar" days. Attorney Garganese recommended posting and mailing for Notice requirements. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 06-2008 at First Reading with the City Attorney's recommended Amendments. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. CONSIDERATION: 8. Motion to Approve: A Cooperative Purchase of Sewer Lift Station Construction Services for the Rehabilitation of Lift Station #3. Mr. Petsos requested to use Impact Fee Funds for this repair relating on the new development in the northern part of the City. Mr. Boucher affirmed that Impact Fee Funds could be used for the upsize portion. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve a Cooperative Purchase of Sewer Lift Station Construction Services for the Rehabilitation of Lift Station #3, in an Amount Not to Exceed $38,278. The vote on the motion carried 5-0 with voting as: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. DISCUSSION: 9. Joint -Use Library Meeting Room Concepts. Mr. Boucher referred to the design and stated how modular furnishings were part of the conceptual plan. He stated that the main intent was the Library Meeting Room Use. Some of the scenarios included a fixed or collapsible dais. Mr. Boucher stated how he needed Council's decision on a concept to proceed for discussion purposes. Council stated Preference for Option B. Discussion continued on the Meeting Room utilization. Mr. Harry Ernst asked if the City Council were aware of the Board's position to which Council members affirmed that they were. Ms. Jean Deck reminded that the public used the Library Meeting Room up to 50 percent on Tuesday evenings and this would diminish City of Cape Canaveral, Florida City Council Regular Meeting Agenda April 15, 2008 Page 11 of 11 public access if the City intended to use the room on that night. Mr. Boucher informed that keeping the Library open for an additional evening was under consideration as well as using the Recreation Meeting Room. ADJOURNMENT: There being no further business, the meeting adjourned at 9:45 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 05-06-08 AGENDA Heading Consent Item 2 No. Resolution No. 2008-11 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-11, REAPPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2008-11, reappointing Walter Bowman as a regular member of the Community Appearance Board. Summary Explanation & Background: Term will expire 05-01-2011. Exhibits Attached: Resolution No. 2008-11 City Man Office Department LEGISLATIVE nt\ ocuments\ in\council\meeting\2008\05-06-08\2008-11.doc RESOLUTION NO. 2008-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-37 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows SECTION 1. Walter Bowman is hereby re -appointed and will become a Regular Member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 2011. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th May, 2008. ATTEST: Rocky Randels, MAYOR Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:%CityClk%Resolutions\BOARDS1Reappointments�200t3\Community Appearance_Bowman.DOC 04/28/2008 03:28 3214523999 BOWMAN PAGE 01/01 City of Cape Canaveral an os MK aiwwvaAwL. 3/27/2008 Walter Bowman 123 Surf Drive Cocoa Beach, FL 32931 Dear Mr. Bowman: Your term on the Community Appearance Board will expire on May 1, 2008. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. Lf I DO wish to be considered for reappointment. 0 I DO NO i h to be considered for reappointment. (Signature) %` y W er Bowman, Community Appearance Board Sincerely, Susan Stills, CITY CLERK Enclosure: SASE 105 Polk Avenue • Posc Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveralCa)cfl.rr.com WHEREAS, the National Management Association is a professional, not for profit organization dedicated to develop management through education and fellowship of almost 21,000 members; and WHEREAS, the members of this association in the state of Florida desire to perform a public service by officially recognizing management as a profession; and WHEREAS, during June 2 - 7, 2008, Florida's 8 chapters with over 1,500 members will join management in our society and encourage the promotion of our American competitive enterprise system. NOW, THEREFORE, I, Rocky Randels, by virtue of the authority vested in me as Mayor, of the City of Cape Canaveral, Brevard County, Florida do hereby proclaim June 2 - 7, 2008 MANAGEMENT WEEK in the City of Cape Canaveral and urge all concerned residents, industries, businesses and professional bodies to actively and appropriately participate in its observance. SPACE• Q n O Q D LL • COUNCIL FLORIDA SPACE COAST COUNCIL The National Management Association Post Office Box 21214 * Kennedy Space Center, Florida 32815-0214 April 22, 2008 Honorable Rocky Randels 105 Polk Avenue Cape Canaveral, FL 32920 Dear Mayor Randels: On behalf of the Florida Space Coast Council (FSCC) of the National Management Association (NMA), I respectfully request that you proclaim the week of June 2th through June 7th, 2008 as Management Week in Cape Canaveral. During that week, the Association will sponsor its annual Management Week in America highlighting its objectives to develop and recognize management as a profession through education and fellowship. Since its inception in 1978 by the NMA, Management Week in America has grown in recognition and activities each succeeding year. The NMA is the largest not for profit organization of its type, with almost 20,000 members, that supports the American Enterprise System and seeks to bring recognition of those leaders who advance the cause of quality in American industry. John Quincy Adams, the Oh President of the United States, said, "If your actions inspire others to dream more, leam more, do more and become more, you are a leader." The Association is celebrating its eighty-third anniversary this year. It was originally started as a Dayton Foremen's Club by Founder Charles Kettering and grew into the international organization that we know today. There are eight chapters in Florida, six of which are located in Brevard County and comprise the FSCC. The organizations represented in the FSCC are: Boeing Space Coast Leadership Association, Central Florida Leadership Association, Joint Base Operations Support Contract Leadership Association (JBOSC), Lockheed Martin Leadership Association, Spacelift Range Systems Contract Chapter (SLRSC), and United Space Alliance Leadership Association. They are located at Kennedy Space Center, Cape Canaveral Air Force Station, Patrick Air Force Base, and the general Brevard County area. The issuance of this Proclamation is appreciated and will be gratefully acknowledged at the FSCC Awards Banquet on June 5, 2008. For further details call me at 321-853-5550 or 321-427-6563 or Melinda Hester at 321-861-3430. We would appreciate notification of when our Proclamation is read at public meeting so we may attend. Please forward the Proclamation to the above address before the end of May. Thank you, Violet Smith President Florida Space Coast Council Meeting Type: Regular Meeting Date: 05-06-08 AGENDA Heading Ordinances -2nd Reading Item No. 4 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 04-2008, REGARDING NOTICE OF PUBLIC HEARINGS AMENDING CHAPTER 58, RELATED TO AMENDMENTS OF THE FUTURE LAND USE MAP, AMENDING CHAPTER 110, DEFINITION OF COURTESY NOTICE, THE TIMING AND MANNER IN WHICH THE CITY SHALL PROVIDE NOTICE OF PUBLIC HEARINGS DEPT/DIVISION: COMMUNITY DEVELOPMENT/P&Z Requested Action: City Council consider the adoption of Ordinance No. 04-2008, regarding notice of public hearings, amending Chapter 58, related to amendments of the future land use map, amending Chapter 110, Definition of Courtesy Notice, and the timing and manner in which the City shall provide notice of public hearings. Summary Explanation & Background: City Council reviewed and has made amendments to this proposed ordinance. Please advise. Exhibits Attached: Ordinance No. 04-2008 City Manager's ice Department COMMUNITY DEVELOPMENT/P&Z myd um admin\council meeting\2008\05-06-08\04-2008 ORDINANCE NO. 04-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REGARDING NOTICE OF PUBLIC HEARINGS; AMENDING CHAPTER 58, PLANNING, TO REQUIRE NOTICE OF PUBLIC HEARINGS RELATED TO AMENDMENT OF THE CITY'S FUTURE LAND USE MAP; AMENDING CHAPTER 110, ZONING, TO AMEND THE DEFINITION OF "COURTESY NOTICE;" AMENDING SECTION 110-28 REGARDING THE TIMING AND MANNER IN WHICH THE CITY SHALL PROVIDE NOTICE OF PUBLIC HEARINGS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires amend Chapter 58, Planning, of the City Code to implement notice requirements in addition to those set forth in Chapter 163, Florida Statutes, for future land use map amendments; and WHEREAS, Chapter 110, Zoning, of the City Code currently requires that all courtesy notices of public hearings related to land use decisions be delivered by certified mail; and WHEREAS, the City Council recognizes that the certified mail requirement is expensive to applicants and time consuming to prepare, and that sending courtesy notices by regular mail for certain land use applications would be less expensive for applicants, less time consuming, and may reach more affected property owners; and WHEREAS, the City Council desires to extend the duration for which public notices shall be posted to create greater public awareness in regard to land use applications being processed in the City; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 04-2008 Page 1 of 5 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 58, Planning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeottt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 58. It is intended that the text in Chapter 58 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 58. PLANNING ARTICLE L IN GENERAL Sec. 58-1. Notice requirement for amendments to future land use ma. In addition to any notice requirements provided by state law, all public hearings for future land use map amendments shall be publicly noticed for at least fourteen (14) calendar days prior to the date of the hearing. Said notice shall include the address or legal description of the subject property, matter to be considered and the time, date and place of the hearing. The city shall post notice of public hearings in the following manner: (1) Posting the affected property. (2) Postingat t city hall and on the city's official website. (3) Notifying by certified mail, all owners of real property (including homeowner's and condominium associations) adjacent to and within 500 feet of the subject property. Applicants shall be solei responsible for the costs incurred for notification under this subsection. Further, unless otherwise provided by law, notices required by this subsection (3) shall be provided as follows: (AA) Notice of small-scale future land use map amendments shall only be mailed for the first public hearing before each board required to conduct a hearing on the small-scale future land use map amendment. Notice of large-scale future land use map amendments shall be mailed at least once before the land planning agency hearing, the transmittal hearing and the adoption hearing on the large-scale future land use map amendment. (4) Notifying, by certified mail, the owner(s) of the subject property for which the application is being made - City of Cape Canaveral Ordinance No. 04-2008 Page 2 of 5 The notice requirements set forth in subsections (1(2), and (3) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this chapter. �kkx Section 3. Code Amendment. Chapter 1 10, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and st, ikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. 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: Courtesy notice means a notice of a public hearing, not required by law, mailed at the city's discretion pursuant to the provisions of this chapter to property owners within 500 feet of property which is the subject of the public hearing. Courtesy notices may be sent by regular or certified mail, as set forth herein. ARTICLE II. PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY Sec. 110-28. Due process; special notice requirements. (b) In addition to any notice requirements provided by state law, all public hearings under this article shall be publicly noticed for at least fourteen (14) ten calendar days prior to the City of Cape Canaveral Ordinance No. 04-2008 Page 3 of 5 date of the hearing. Said notice shall include the address of the subject property, matter to be considered and the time, date and place of the hearing. The city shall post notice of public hearings notice shall be posted in the following manner: (1) Posting the affected property. (2) Posting at city hall and on the city's official website. (3) Notifying, by cc, tified nrTiF, all owners of real property (including homeowner's and condominium associations) adjacent to and within 500 feet of the subject property. All notices required by this subparagraph may be sent by regular mail except that public hearings related to applications for rezoning shall be sent by certified mail return receipt requested Further, unless otherwise provided by law, notices required by this subsection shall only be mailed for the first public hearing before each board required to hear an application under this article. Subsequent hearings of the same city board on the same application shall not be required to be noticed by this subsection. Applicants shall be solely responsible for the costs incurred for notification under this subparagraph. (4) Notifying, by certified mail, the owner(s) of the subject property for which the application is being made. The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be courtesy notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this chapter. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. City of Cape Canaveral Ordinance No. 04-2008 Page 4 of 5 Section 7. 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 12008. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 04-2008 Page 5 of 5 View Legal Ad# 952970 AD*952970,04/26/2008 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 04-2008 and Ordinance No. 06-2008 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, May 6, 2008. These Ordinances may be inspected in their entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 04-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REGARDING NOTICE OF PUBLIC HEARINGS; AMENDING CHAPTER 58, PLANNING TO REQUIRE NOTICE OF PUBLIC HEARINGS RELATED TO AMENDMENT OF THE CITY'S FUTURE LAND USE MAP; AMENDING CHPATER 110, ZONING, TO AMEND THE DEFINITION OF "COURTESY NOTICE;" AMENDING SECTION 110-28 REGARDING THE TIMING AND MANNER IN WHICH THE CITY SHALL PROVIDE NOTICE OF PUBLIC HEARINGS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND REOSOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. ORDINANCE NO. 06-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, OF THE CITY CODE RELATED TO CODE ENFORCEMENT; CREATING A NEW DIVISION ENTITLED €PUBLIC NUISANCE ABATEMENT€; ESTABLISHING A PURPOSE AND INTENT; ESTABLISHING A PUBLIC NUISANCE ABATEMENT BOARD; PROVIDING FOR THE BOARD'S MEMBERSHIP AND MEETING REQUIREMENTS; PROVIDING DEFINITIONS; PROVIDING POWERS OF THE BOARD; ESTABLISHING THE NUISANCES SUBJECT TO ENFORCEMENT BY THE BOARD; PROVIDING FOR ENFORCEMENT, NOTICE AND HEARING PROCEDURES; PROVIDING FOR PENALTIES, FINES, AND LIENS; PROVIDING FOR AN APPEAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by Page 1 of 2 hftp://Iegals.flatoday.net/db/display.htm?CMD=DISPLAY&ld=34165 04/28/2008 View Legal Ad# 952970 the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk AD#: 952970 Publication: Florida Today First Published: 04-26-2008 Page 2 of 2 http://legals.flatoday.net/db/display.htm?CMD=DISPLAY&ld=34165 04/28/2008 Page 1 of 1 Bennett Boucher From: Kate Latorre [klatorre@orlandolaw.net] Sent: Wednesday, April 09, 2008 12:07 PM To: Bennett Boucher Cc: stills-cape@cfl.rr.com Subject: Revised Notice Ord. 04-2008 Attachments: Kate Latorre.vcf; Courtesy Notice Ord..pdf Bennett: Attached is the revised ordinance regarding notice of public hearings. Consistent with the Council's direction, we have amended section 110-28 to require at least 30 calendar days of notice of public hearings related to land use decisions. Further, we've added the requirement that notice be posted on the City's website. Finally, except for notices related to rezoning applications, notices to adjacent property owners may be sent using regular mail. Rezoning notices will continue to require certified mailings. We've also amended Chapter 58, Planning, to address the Council's request that the City provide certified mail notices to adjacent property owners for public hearings related to future land use map amendments. As we discussed at the Council meeting, please schedule another first reading of this ordinance Please let me know if you have any questions. Thanks, Kate Latorre, Esq. J: 4 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: klatorre@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time - sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 4/9/2008 Page 1 of 1 Bennett Boucher From: Kate Latorre [klatorre@orlandolaw.net] Sent: Tuesday, March 18, 2008 11:16 AM To: boucher-cape@cfl.rr.com Cc: morley-cape@cfl.rr.com Subject: Courtesy Notice Ordinance Attachments: Kate Latorre.vcf; Courtesy Notice Ord..pdf Bennett: At the Planning and Zoning Board Meeting last week, the Board reviewed and recommended adoption to the Council of a proposed Code amendment prepared by Todd Morley. The amendment slightly modifies the definition of "courtesy notice" in Chapter 110 to acknowledge that courtesy notices may be sent by regular mail or postcard. Further, section 110-28 is amended to repeal the provision requiring that adjacent property owners be noticed using certified mail. The applicant/property owner will still be noticed using certified mail -- the Code will not change as to this requirement. We've put together a simple ordinance for Council consideration. Please schedule for next available Council meeting and let me know if you have any questions. Kate Latorre, Esq. x #IM U G III1 1 U I 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: klatorre@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time - sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 3/25/2008 City of Cape Canaveral ucher, City Manager Dubai i OuuS, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending Section 110-28 Courtesy Notices At the Planning & Zoning Board meeting held on March 12, 2008, by unanimous vote, the Board recommended to the City Council that the proposed code amendment be approved, as drafted by the Building Official. I. have attached the data provided to the Board regarding this issue, along with the draft meeting minutes, and proposed ordinance. Please schedule this recommendation on an upcoming City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Memo Date: December 27, 2007 To: Bea McNeely, Planning and Zoning Board Chairperson From: Todd Morley, Building Official RE: Proposed code amendment - urtesy notices I conducted an email survey of Brevard County municipalities asking: When }our jurisdiction sends otrt _oning-related notices to of fected property owners, is it by A. post card, B: regular » aril, or - C . certified mail? The results of the survey_ indicate that oniv two other Cities require all zoning mailouts to be via certified mail. Most use regular mail. I request that P&Z consider a code amendment allowing regular mail and/or postcards as courtesy notification for residents within the 500 ft. radius of an affected property-. This would not change the requirement to send a certified notification to the applicant. Benefits: Less expense to the applicant, Less staff time monitoring the return receipts, and It may increase citizen participation. Some citizens may not receive certified mailings because they may not be at home while the post office attempts delivery-. Consequently-, they will be left a notice requesting that they retrieve the certified mailing from the post office during normal business hours. Because some citizens may not be available during those hours, they may not pick up the mailing. With a post card or a regular mailing. there may be a greater likelihood that the courtesy_ notice will end up in their hand with little effort on their part. I informed P&Z at the December 12'h meeting that this will be an upcoming issue. If it meets with the P&Z Board's approval it can be forwarded to Council as a recommendation A proposed code amendment regarding Courtesy notices -Todd MorleA-, Building Official December 14, 2007 ARTICLE I. IN GENERAL Sec. 110-1. 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: Courtesi, notice means a notice of a public hearing, not required by law, mailed at the citv's discretion to property owners within 500 feet of property which is the subject of the public hearing. Courtesy notices may consist of regular mail or postcards. Sec. 110-28. Due process; special notice requirements. (a) All applicants shall be afforded minimal due process as required by lacy, including the right to receive notice, be heard. present evidence, cross-examine witnesses, and be represented by a duly authorized representative. (b) In addition to any notice requirements provided by state lacy, all public hearings under this article shall be publicly noticed for at least ten calendar days prior to the date of the hearing. Said notice shall include the address of the subject property. matter to be considered and the time, date and place of the hearing. The notice shall be posted in the following manner: (1) Posting the affected property. (2) Posting at city hall. (3) Notifying, by eertified mail, all owners of real property (including homeowner's and condominium associations) adjacent to and within 500 feet of the subject property. (4) Notifi-ing, by certified mail, the owner(s) of the subject propert}- for which the application is being made. The notice requirements set forth in subsections (1), (2), and (3) above are hereby deemed to be courtesv notices. The failure to provide such courtesy notices shall not be a basis of appealing any decision made under this chapter. (c) When any proposed zoning district boundary change, variance, or special exception lies AA ithin 500 feet of the boundan- of any property under another government's jurisdiction. notice shall be forwarded to the governing bode of the appropriate government authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said proposed district boundary change, variance or special exception. (Ord. No. 11-200. § 2. 6-21-05) City of Cape Canaveral Survey Regarding unicipalities notify affected propM owners of zoning -related issues? -Todd Morley, Building Official The question sent November 28, 2007 to all Brevard County municipalities was: VV'hen your, jurisdiction sends out zoning -related notices to affected property owners, is it by A: postcard B: regular mail C: certified mail The survey was conducted via email. 12 Cities responded, three did not. The responses were `copied and pasted' into this document with quotation marks added. Original ernails on file Responses Jurisdiction Comment Brevard County_"Post cards." Cocoa "It usually is certified." Cocoa. Beach mail. Saves a little money and satisfies the code." Indicant c. No response. Indian Harbour Beach "Certified, regular, mail." Malabar. mail" Melbourne "We use regular mail - our City Code specifically references these as courtesy notices." Melbourne Beach No response. Melbourne Village'No rcsponse. Palm Bay "Regular mail. However, we are currently exploring the idea of post cards for several reasons." Palm Shores lar Mail." Rockledge "Regular letters. The letters contain more information than the P/C and tends to cut down on the phone calls to City Hall by curious citizens. All three choices are legal with the certified mail being the mostexpensive." Satellite Beach Mail." Titusville `Bright orange positcards " .Fest Melbourne t ": c send it by both regular ai u ce trued i[u�i depending flJi LIiG L1S(le." Summary; Postcards 2 of 12 (17°/6) Regular mail 7 of 12 (58%) Certified mail 2 of 12 (176/0) Depends on issue 1 of 12 (8%) 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAY— (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfLrr.com City of Cape Canaveral Recent history of undelivered certified courtesy notices -Todd Morley, Building Official The four most recent zoning applications for which courtesy notices were mailed: Name # of certified # of undelivered return Percentage mailings t� receipts undelivered $5.93/ea. Kabboord's Vehicle 84 15 17.86% rental facility ($498.12) ($88.95) Yogi's alcohol 85 14 16.47% license ($504.05) ($83.02) Beach Auto 253 58 22.92% vehicle repair ($1,500.29) ($343.94) facility expansion Ice Man 441 102 23.12"/0 ice vending building ($2615.13) ($604.86) Total 863 $5,117.59 189 $1,120.77 21.9% Summary: Approximately 22% of the notices do not make it into the hands of the property owner. Planning & Zoning Board Meeting Minutes March 12, 2008 Page 2 Todd Morley, Building Official, explained that when Ordinance No. 04-2003 was written, the intent was to require Community Appearance Board approval for any change to the exterior of a building or roof color in the commercial zoning district. When the change of color issue was discussed and codified in 2003, the codification had the unintended effect of appearing to remove all residential development from the scope of the Community Appearance Board. Mr. Morley advised that the solution was to insert the words "in all zoning districts" in the first sentence of Section 22-40(a). Mr. Morley read the code section for the record. Discussion followed. Chairperson McNeely asked if the Community Appearance Board had been informed of the proposed code clarification. Mr. Morley responded that the Community Appearance Board was not made aware of the proposed code amendment, because the purpose was to preserve the original intent; however, he could inform the Board before the change is presented to the City Council. Assistant City Attorney, Kate Latorre, advised that she would present the proposed code clarification to the Community Appearance Board at their meeting Monday evening. Motion by Harry Pearson, seconded by Lamar Russell, to recommend approval of the proposed ordinance amending Section 22-40, clarifying which properties were subject to Community Appearance Board review. Vote on the motion carried unanimously. 3. Review and Recommendation to City Council Re: Proposed Code Amendment, Section 110-28, Courtesy Notices. Todd Morley, Building Official, advised that city staff performed a survey on how other municipalities send zoning related notices to affected property owners. He summarized the results of the survey as follows: 12 municipalities responded; 2 of 12 send postcards; 7 or 12 send regular mail; 2 of 12 send by certified mail; and 1 of 12 send the notices by regular or certified mail depending on the issue. Mr. Morley advised that City staff also reviewed the history of undelivered certified courtesy notices from the last four special exception requests. He summarized that approximately 22% of the notices did not make it into the hands of the property owner. The Board members reviewed the survey. Brief discussion followed. Mr. Morley explained that if the City mailed bright orange postcards, it is likely that more property owners would receive them, which would result in increased owner/citizen participation. Mr. Morley read the existing definition of a courtesy notice from the City code. He explained the benefits of sending the courtesy notices via regular mail as follows: the notices would be less of an expense to the applicant; less staff time monitoring return receipts; and there may be a greater likelihood that the courtesy notice would end up in the owner's hands with little effort on their part. Planning & Zoning Board Meeting Minutes March 12, 2008 Page 3 He read the proposed change to the ordinance allowing courtesy notices to be processed by regular mail or post cards. Brief discussion followed. Kate Latorre, Assistant City Attorney, encouraged the Board to consider the Building Official's recommendation, because the notice was simply a courtesy notification to affected property owners, not a requirement. The Board members reviewed Mr. Morley's proposed code amendment. Brief discussion followed. Motion by Lamar Russell, seconded by John Johanson, to recommend approval of the proposed code amendment, with the City Manager deciding if the notices would be sent certified or regular mail depending on the issue. Following discussion, Mr. Russell withdrew his motion. Discussion followed. Motion by Lamar Russell, seconded by Harry Pearson, to recommend approval of the proposed code amendment as drafted by the Building Official. Vote on the motion carried unanimously. OLD BUSINESS 1. Discussion Re: Mixed Use Districts. Todd Peetz, City Planner, explained that the Florida Redevelopment Association may be attending the Board's meeting on April 91h or May 14th to educate the Board on community redevelopment. Lamar Russell noted that the Board would also be educated on lessons learned. Following discussion, Mr. Peetz advised that the first meeting with an associate from the Florida Redevelopment Association would educate the Board on mixed -uses and lessons learned; and then the associate would come back at another meeting to discuss how the City could benefit from the Community Redevelopment Agency. Todd Peetz advised that he performed research as requested by Mr. Dunn at the last meeting on failed mixed use districts. He explained that he performed a Google computer research and he found only one article about a mixed use development that was not developed because of the economy. Mr. Peetz pointed out and highlighted some of the articles contained in the Board packet. During discussion, the Board looked forward to a speaker coming in and educating them on mixed uses. Mr. Russell commented that the City could add pictures in the City code of expectations of mixed uses the City favored and show illustrations of do this, not this. Mr. Russell suggested that the Board members review the existing residential planned unit development code to familiarize themselves on types of mixed uses. Meeting Type: Regular Meeting Date: 05-06-08 AGENDA Heading Ordinances -2nd Reading Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-2008, AMENDING CHAPTER 2, ARTICLE VI OF THE CITY CODE RELATED TO CODE ENFORCEMENT, CREATING A NEW DIVISION ENTITLED PUBLIC NUISANCE ABATEMENT DEPT/DIVISION: PUBLIC SAFETY/POLICE Requested Action: City Council consider the adoption of Ordinance No. 06-2008, amending Chapter 2, Article VI of the City Code related to Code Enforcement, creating a new division entitled Public Nuisance Abatement. Summary Explanation & Background: Purpose: Section 893.138 of the Florida Statutes authorizes the City to create an administrative board with the authority to impose administrative fines and other non -criminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of enforcing ordinances within the City under circumstances when a pending or repeated violation continues to exist. Under this ordinance, the Code Enforcement Board will be designated as the "Nuisance Abatement Board".. An officer of the Sheriff's Department will be designated as the "Nuisance Abatement Coordinator". Commander Scragg has reviewed the proposed ordinance and he supports its adoption. I recommend approval. Exhibits Attached: Ordinance No. 06-2008; F.S. 893.138 City Manager' ffice Department PUBLIC SAFETY/POLICE I.Icape- mydo um nt dmin\c ting\2008\0-06-08\06-2008.doc ORDINANCE NO. 06-2008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, OF THE CITY CODE RELATED TO CODE ENFORCEMENT; CREATING A NEW DIVISION ENTITLED "PUBLIC NUISANCE ABATEMENT"; ESTABLISHING A PURPOSE AND INTENT; ESTABLISHING A PUBLIC NUISANCE ABATEMENT BOARD; PROVIDING FOR THE BOARD'S MEMBERSHIP AND MEETING REQUIREMENTS; PROVIDING DEFINITIONS; PROVIDING POWERS OF THE BOARD; ESTABLISHING THE NUISANCES SUBJECT TO ENFORCEMENT BY THE BOARD; PROVIDING FOR ENFORCEMENT, NOTICE AND HEARING PROCEDURES; PROVIDING FOR PENALTIES, FINES, AND LIENS; PROVIDING FOR AN APPEAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral desires to ensure that the citizens of Cape Canaveral enjoy a high quality of life and may peacefully enjoy the beauty of the City; and WHEREAS, by taking every reasonable action available under law to remediate and prevent nuisances, the City Council can protect the citizens of Cape Canaveral and facilitate the peaceful and harmonious lifestyle provided by the City; and WHEREAS, section 893.138, Florida Statutes, authorizes the City to create an administrative board with the authority to impose administrative fines and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of enforcing ordinances within the City under circumstances when a pending or repeated violation continues to exist; and WHEREAS, consistent with section 893,138, Florida Statutes, the City Council desires to establish a Criminal Nuisance Abatement Board, to prosecute criminal nuisances before the board, and to allow for the imposition of enhanced fines for recurring criminal nuisances; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this City of Cape Canaveral Ordinance No. 06-2008 Page 1 of 10 Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeottt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE VI. CODE ENFORCEMENT DIVISION 3. CODE ENFORCEMENT CITATIONS DIVISION 4. CRIMINAL NUISANCE ABATEMENT BOARD Sec. 2-292. Purpose and intent. Pursuant to the City's authority established in section 893.138, Florida Statutes, the purpose of this division is to promote, protect and improve the health, safety, welfare and quality of life of the citizens of the City of Cape Canaveral by creating an administrative board with the authority to impose administrative fines and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of enforcingthe he City Code under circumstances when a pending or repeated violation continues to exist. It is the intent of this division to provide the city with an additional and supplemental means to abate drug prostitution, dealing in stolen property, and criminal streetag_ng activities amounting City of Cape Canaveral Ordinance No. 06-2008 Page 2 of 10 to a_public nuisance. Nothing contained herein shall preclude the city from abating nuisances under section 60.05, Florida Statutes, or as otherwise provided by federal, state or local law. See. 2-293. Establishment; membership; meetings; definitions. (a) Criminal nuisance abatement board established. Pursuant to section 893.138, Florida Statutes, the code enforcement board is hereby designated and established as the criminal nuisance abatement board and shall act as the city's administrative board to hear complaints regarding nuisances as provided for in this division. Membership. The terms of office of the board members shall coincide with the terms of office of the code enforcement board members. (cc) Meetings. The board shall establish a schedule of regular meetings at such intervals as the board may determine, but not less frequently than once every two (2) months. Regular meetings of the board shall be scheduled where possible to immediately precede the regularly scheduled meetings of the code enforcement board and may be cancelled by the chairperson if there is no business to come before the board. Definitions. As used in this division, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended: City manager shall mean the city manager of Cape Canaveral or the city manager's designee. Controlled substance shall mean any drug, narcotic, or other substance identified and prohibited under Chapter 893, Florida Statutes, as may be amended. Criminal street gang shall have the same meaning as set forth under section 874.03. Florida Statutes, as may be amended. Criminal street gangactiviU shall mean those activities committed bv_ a criminal street gig or member thereof as set forth under section 874.03, as may be amended. Dealing in stolen property shall have the same meaning as that provided under section 812.019, Florida Statutes, as may be amended. Nuisance abatement coordinator shall mean the officer or officers of the Brevard County Sheriffs Department designated by the citmanager responsible for overseeing and enforcing the provisions of this division on behalf of the city. Prostitution or prostitution -related activity shall mean any act constituting a violation of section 796.07, Florida Statues, as may be amended. Recording secretary for the nuisance abatement board/recording secretary shall mean a city City of Cape Canaveral Ordinance No. 06-2008 Page 3 of 10 staff member or clerk assigned to the criminal nuisance abatement board. Recurring criminal nuisance means any or multiple instance of conduct prescribed in section 893.138, Florida Statutes, as may be amended, that occurs during the effective term of an order entered by the board. Stolen property shall mean tangible intangible personal or real property having any monetary or market value and that has been the subject of any temporary or permanent criminal taking in violation of the laws of the State of Florida. See. 2-294. Powers. The criminal nuisance abatement board shall have the powers delineated in section 893.138, Florida Statutes, which shall include, but not be limited to, the following: (aa) Adopting rules for the conduct of its hearing Subpoenaing aged violators and witnesses to its hearings. Lcj Subpoenaing records, surveys, plats, or other documentary evidence which subpoenas shall be served by the police department. Taking testimony under oath. (e) Issuing orders having force and effect of law commanding whatever steps are necessary to bring a violation into compliance. a Establishing and levying fines. Sec. 2-295. Criminal nuisances established; violations. It shall be a criminal nuisance and a violation of this division for any place or premises, or any part thereof, to be used or allowed to be used: (aa) On more than two (2) occasions within a 6 -month period for prostitution or prostitution -related activities; On more than two (2) occasions within a 6 -month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (c) On one (1) occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one 1) occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; City of Cape Canaveral Ordinance No. 06-2008 Page 4 of 10 (dd) By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity, or (e) On more than two (2) occasions within a 6 -month period, as the site of a violation relating to dealing in stolen property. Sec. 2-296. Enforcement procedures; notice; hearing. Lal Any employee, officer, or resident of the city may file, in accordance with this section, a written complaint alleging the existence of a criminal nuisance The complaint shall only be for those nuisances enumerated in this division and shall state facts that reasonably tend to establish the existence of such criminal nuisance. All complaints shall be filed with the nuisance abatement coordinator. The nuisance abatement coordinator shall review each complaint filed to determine whether the facts presented establish the requisite number of incidents or occurrences required under this division. Where the complaint alleges the requisite number of incidents or occurrences to establish a nuisance under this division, the nuisance abatement coordinator shall forward the complaint, with any relevant incident or arrest reports generated by the sheriffs department substantiating such incidents or occurrences or evidencing new or additional incidents or occurrences, to the city attorney. The city manager shall review all complaints to verify the findings of the nuisance abatement coordinator. If the city manager deems the complaint sufficient under this division to support a probable finding of the existence of a criminal nuisance, the nuisance abatement coordinator shall prepare a courtesy notice of violation to be served, in accordance with this section, upon the owner of the property in question. The courtesy notice of violation shall provide the name of the owner of the premises, the address of the premises where the nuisance has occurred, a brief statement describing the incidents or occurrences which support the finding of a criminal nuisance upon the premises, and recommendations of remedial action to be taken to abate the criminal nuisance upon the property. The owner of the premises shall have ten (10) calendar days from the date of the notice to contact the nuisance abatement coordinator to indicate what action will be taken to abate the nuisance upon the premises. Failure of the owner to receive this notice of violation shall not invalidate any further proceedings hereunder. If a recurring criminal nuisance or emergency situation exists, the nuisance abatement coordinator shall not be required to provide a courtesy notice of violation, but instead may prepare and serve a statement of violation and notice of hearing as provided below. (cc) Should the owner or operator fail to contact the nuisance abatement coordinator, fail to commit to a course of action designed to abate the nuisance upon the property, or should there be any further incidents or occurrences which constitute a nuisance upon the property, a hearing date shall be scheduled before the board. Such hearing shall be held no sooner than City of Cape Canaveral Ordinance No. 06-2008 Page 5 of 10 ten (10) calendar days after the notice of hearing is sent to the owner of the place or premises at the owner's last known address. The nuisance abatement coordinator shall then prepare and serve upon the owner or operator, in accordance with this division, a statement of violation/notice of hearing_ providing the following information: LLI A statement of the time, place and nature of the hearing= al A statement of the legal authority and jurisdiction under which the hearing is to be held; A reference to the particular sections of the statutes and ordinances involved; (44,) A copy of the statement of violation, including all documentation in support thereof; and (d) All notices under this division shall be hand -delivered by the Brevard County Sheriff's Department, where practical, or where not practical or impossible, by certified mail, return receipt requested, to the property owner of record at the address as it appears in the public records of the county_ property appraiser's office. If the notice is returned for any reason, then service shall be effected by mailing the notice through regular delivery to the address of the premises and by posting the notice in accordance with Chapter 162, Florida Statutes. Proof of service shall be by written declaration indicating the date, time, and manner in which service was made. (e) The city manager may negotiate stipulated settlement agreements with a property owner to facilitate the abatement of a criminal nuisance. All stipulated agreements shall be reviewed and approved by the nuisance abatement coordinator and board prior to being effective. The board shall approve all settlement agreements by written order. f) At the hearing, the nuisance abatement coordinator shall present evidence before the board on behalf of the city and has the burden to prove the existence of a criminal nuisance by substantial and competent evidence. The board may consider any evidence, regarding the activities alleged in the statement of violation and occurrin4 about the place or premises, and the owner(s) of the place or premises shall have the opportunity to appear before the board, in person and/orthrough legal counsel, to present evidence in defense or in mitigation_ against the complaint, conduct cross-examination, submit rebuttal evidence, and make brief opening and/or closinf4 statements. Irrelevant, immaterial or unduly repetitive evidence shall be excluded. All testimony shall be taken under oath and shall be recorded. Any member of the board or counsel to the board, may inquire of any witness testifying before the board. The board shall take testimony of such witnesses as maybe called b ty he respective sides. Formal rules of evidence shall not apply, but fundamental due process shall be observed and govern said proceedings. In addition, the board may consider testimony and evidence relating to the general reputation of the place or premises; and City of Cape Canaveral Ordinance No. 06-2008 Page 6 of 10 The board may proceed with a hearing in absentia on the merits of an alleged criminal nuisance against any property owner who has been properly noticed under this division and has failed to appear. An figs or orders entered by the board are valid and binding upon each Respondent who has been properly noticed. The board, in its discretion, may continue a hearing to receive additional evidence testimony, or for any other reason the board deems appropriate. jgj At the conclusion of the hearing, the board shall issue findings of fact based on evidence in the record and conclusions of law, and shall issue an order affording the proper relief consistent with the powers granted by Florida Statutes and by this section. The order shall be stated orally at the meeting and shall be reduced to writing and mailed to the alleged violator within ten (10) calendar days after the hearing_ (hh) If the board declares a place or premises to be a criminal nuisance, it may enter an order immediately prohibiting_ La The maintaining of the nuisance; (22) The operating or maintainingof f the place or premises; (33) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance; or MU impose any other measures or conditions the board deems appropriate to abate a criminal nuisance. Li I This subsection does not restrict the right of person, including the city, to proceed under section 60.05, Florida Statutes, against any public nuisance. a If the city proves the existence of a criminal nuisance or recurring criminal nuisance before the board, the city, as the prevailing party, shall be entitled to recover its reasonable fees and costs associated with the investigation, hearing and prosecution on the criminal nuisance throu hg all appellate proceedings, including attorney's fees and the costs of recording any order, notice or agreement. LU An order of the board shall expire not more than one (1) year, or at such earlier time designated in the order, after entry of the order by the board. The order may include deadlines or other notice for requiring compliance by a certain date and that a fine may b�posed in accordance with this division. Sec. 2-297. Penalties; fines; liens; recording. (aa) The city manager shall, upon notification by the recording secretary that an affidavit City of Cape Canaveral Ordinance No. 06-2008 Page 7 of 10 of noncompliance has been filed by the nuisance abatement coordinator reflecting that a previous order of the board has not been complied with, schedule a hearing before the board Upon evidence establishing that noncompliance exists, the board shall enter an order imposing conditions and any other measures to abate the criminal nuisance as provided by this division, includingtposition of a fine. Lbj A fine imposed pursuant to this section shall not exceed two hundred fifty dollars ($250.00) 12er day for a first occurrence of a criminal nuisance and shall not exceed five hundred dollars ($500.00) per day for a recurring criminal nuisance However, total fines imposed in any action brought pursuant to this division shall not exceed fifteen thousand dollars ($15,000.00). In determining the amount of the fine, if any, the board shall consider the following factors: M The graviLy of the criminal nuisance; La Any actions taken by the owner to correct the criminal nuisance; and (33,) Any previous nuisances maintained or permitted by the owner. (c) A certified copy of an order imposing a fine may be recorded in the public records of the county, and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the owner. Upon petition to the circuit court, such order may be enforced in the same manner as a court iud m�y the sheriffs of this state, including levy against personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A fine imposed pursuant to this division shall continue to accrue until the owner comes into compliance or until the judgment is rendered in a suit to foreclose on a lien filed pursuant to this section, whichever occurs first. A lien arising from a fine imposed pursuant to this section runs in favor of the city, and the city execute a satisfaction or release of a lien in the same manner as provided under section 2-260 of this Code, or may otherwise seek to foreclose on the lien. However, where the nuisance abatement action is based on a stolen property nuisance, and is brought a ainst a property owner operating an establishment where multiple tenants, on one site, conduct their own retail businesses, the property owner shall not be subject to a lien against the owner's property or the prohibition of operation provision if the property owner elects to evict the business declared to be a nuisance within ninety (90) calendar days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. Any lien recorded against real property may be foreclosed by the city and the owner of such real property shall be liable for all costs, including a reasonable attorney's fee, associated with the recording of all orders and foreclosure. (d) The board may further bringa complaint pursuant to section 60.05, Florida Statutes, seekin2apermanent injunction against any nuisance as described in this division. This section does not restrict the right of any person to proceed under section 60.05, Florida Statutes, against any criminal nuisance. City of Cape Canaveral Ordinance No. 06-2008 Page 8 of 10 See. 2-298. Appeal. A party ggrieved by a final administrative order of the board shall have the right to appeal said order to a court of competent jurisdiction, pursuant to the rules of procedure of the court. See. 2-299. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2008. ATTEST: ROCKY RANDELS, Mayor Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance No. 06-2008 Page 9 of 10 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 06-2008 Page 10 of 10 Statutes & Constitution :View Statutes :->2007->Ch0893->Section 138 : Online ... Page 1 of 3 Select Year: 2007 , Go The 2007 Florida Statutes Title XLVI Chapter 893 View Entire Chapter CRIMES DRUG ABUSE PREVENTION AND CONTROL 893.138 Local administrative action to abate drug-related, prostitution -related, or stolen -property - related public nuisances and criminal street gang activity. -- (1) It is the intent of this section to promote, protect, and improve the health, safety, and welfare of the citizens of the counties and municipalities of this state by authorizing the creation of administrative boards with authority to impose administrative fines and other noncriminal penalties in order to provide an equitable, expeditious, effective, and inexpensive method of enforcing ordinances in counties and municipalities under circumstances when a pending or repeated violation continues to exist. (2) Any place or premises that has been used: (a) On more than two occasions within a 6 -month period, as the site of a violation of s. 796._07; (b) On more than two occasions within a 6 -month period, as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (c) On one occasion as the site of the unlawful possession of a controlled substance, where such possession constitutes a felony and that has been previously used on more than one occasion as the site of the unlawful sale, delivery, manufacture, or cultivation of any controlled substance; (d) By a criminal street gang for the purpose of conducting a pattern of criminal street gang activity as defined by s. 874.03; or (e) On more than two occasions within a 6 -month period, as the site of a violation of s. 812.01.9 relating to dealing in stolen property may be declared to be a public nuisance, and such nuisance may be abated pursuant to the procedures provided in this section. (3) Any county or municipality may, by ordinance, create an administrative board to hear complaints regarding the nuisances described in subsection (2). Any employee, officer, or resident of the county or municipality may bring a complaint before the board after giving not less than 3 days' written notice of such complaint to the owner of the place or premises at his or her last known address. After a hearing in which the board may consider any evidence, including evidence of the general reputation of the place or premises, and at which the owner of the premises shall have an opportunity to present evidence in his http://www.leg.state.fl. us/Statutes/index.cfm?App_mode=Display_Statute&Sear... 04/10/2008 Statutes & Constitution :View Statutes :->2007->Ch0893->Section 138 : Online ... Page 2 of 3 or her defense, the board may declare the place or premises to be a public nuisance as described in subsection (2). (4) If the board declares a place or premises to be a public nuisance, it may enter an order requiring the owner of such place or premises to adopt such procedure as may be appropriate under the circumstances to abate any such nuisance or it may enter an order immediately prohibiting: (a) The maintaining of the nuisance; (b) The operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; or (c) The conduct, operation, or maintenance of any business or activity on the premises which is conducive to such nuisance. (5) An order entered under subsection (4) shall expire after 1 year or at such earlier time as is stated in the order. (6) An order entered under subsection (4) may be enforced pursuant to the procedures contained in s. 12.0.69. This subsection does not subject a municipality that creates a board under this section, or the board so created, to any other provision of chapter 120. (7) The board may bring a complaint under s. 60.05 seeking temporary and permanent injunctive relief against any nuisance described in subsection (2). (8) This section does not restrict the right of any person to proceed under s. 60.05 against any public nuisance. (9) As used in this section, the term "controlled substance" includes any substance sold in lieu of a controlled substance in violation of s. 817.563 or any imitation controlled substance defined in s. 8.1.7._564. (10) The provisions of this section may be supplemented by a county or municipal ordinance. The ordinance may include, but is not limited to, provisions that establish additional penalties for public nuisances, including fines not to exceed $250 per day; provide for the payment of reasonable costs, including reasonable attorney fees associated with investigations of and hearings on public nuisances; provide for continuing jurisdiction for a period of 1 year over any place or premises that has been or is declared to be a public nuisance; establish penalties, including fines not to exceed $500 per day for recurring public nuisances; provide for the recording of orders on public nuisances so that notice must be given to subsequent purchasers, successors in interest, or assigns of the real property that is the subject of the order; provide that recorded orders on public nuisances may become liens against the real property that is the subject of the order; and provide for the foreclosure of property subject to a Lien and the recovery of all costs, including reasonable attorney fees, associated with the recording of orders and foreclosure. No lien created pursuant to the provisions of this section may be foreclosed on http://www.Ieg.state.fl. us/Statutes/index. cfm?App_mode=Display_Statute&Sear... 04/10/2008 Statutes & Constitution :View Statutes :->2007->Ch0893->Section 138 : Online ... Page 3 of 3 real property which is a homestead under s. 4, Art. X of the State Constitution. Where a local government seeks to bring an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site, conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of this section shall not exceed $15,000. Nothing contained within this section prohibits a county or municipality from proceeding against a public nuisance by any other means. History. --s. 7, ch. 87-243; s. 2, ch. 90-207; s. 1, ch. 91-143; s. 6, ch. 93-227; s. 1, ch. 94-242; s. 42, ch. 96-388; s. 1829, ch. 97-102; s. 1, ch. 97-200; s. 2, ch. 98-395; s. 1, ch. 2000-111; s. 5, ch. 2001-66. Copyright © 1995-2008 The Florida Legislature • Prv_.ary_Statement • Contact Us http://www.leg.state.fl. us/Statutes/index.cfm?App_mode=Display_Statute&Sear... 04/10/2008 Meeting Type: Regular Meeting Date: 05/06/08 AGENDA Heading Consideration Item 6 No. I want to thank the City Treasurer and her staff for another great year in managing our City's AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPROVAL OF THE ANNUAL AUDIT FOR THE YEAR ENDING SEPTEMBER 30, 2007 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider approval of the annual audit for the year ending September 30, 2007 as presented by the audit firm of McGladrey & Pullen, Certified Public Accountants. Summary Explanation & Background: The annual independent audit is required by State Law and the City has a clean audit report with no material findings. I want to thank the City Treasurer and her staff for another great year in managing our City's finances. I recommend approval. Exhibits Attached: Audit report (hand-out) City Manager' Office Department ADMINISTRATION/FINANCE 1, a�docurteats\adrnin\council\meeting\zuvuxua-un-vo%auan.uvc Meeting Type: Regular Meeting Date: 05-06-08 AGENDA Heading Consideration item 7 No. Mr. Boucher is proposing the donation of (4) 3" Oak Trees and for $500 for staff time. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN, NORMAN BOUCHER, CASE 2007-00226 DEPT/DIVISION: COMMUNITY DEVELOPMENT/CODE ENFORCEMENT Requested Action: City Council consider the request for satisfaction or release of a code enforcement lien by Norman Boucher, Case 2007-00226, land clearing without obtaining a permit. Summary Explanation & Background: The Code Enforcement Board reviewed this request at their April ITh meeting and by a 4-3 vote, recommended that City Council impose the initial fine of $6,800 of the outstanding lien. Mr. Boucher is proposing the donation of (4) 3" Oak Trees and for $500 for staff time. See attached case documentation. Exhibits Attached: Code Enforcement Board memo of 04-21-08; Case Documents City Manager' Office Department COMMUNITY DEVELOPMENT/CODE ENFORCEMENT cape- myd ments\admi ouncil\meeting\2008\05-06-08\2007-00226.doc ------ -r--- - ---- City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary I Re: Recommendation to the City Council (Satisfaction or Release of Lien) On April 17, 2008 The Code Enforcement Board reviewed the Case No. 07-00226. By a 4 to 3 vote, the Board recommended that the City Council impose the initial fines of six thousand eight hundred dollars ($6,800.00) of the outstanding lien. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ecapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL, APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CCoDE EN ORCEMEN 1 CASE #: A -49;7-1(w f, APPLICATION FEE: $ Z to Of-, APPLICANT: rij?,fsfir/ r>.<✓seyPj`C'j� DATE: ADDRESS: ", - — CITY: M -We C/ltL l��L�%2t� STATE: L . ZIP: NATURE OF VIOLATIONS) ADDRESS OF SUBJECT PROPERTY: DATE FINE/LIEN IMPOSED: CONULIANCE DATE: C��y/9/�i:+4'�• elf ff%s �e�" .,� •�� , AMOUNT: �✓f>�i , o C1 •/gk-Y.OR TOTAL RELIEF REQUESTED: SATISFACTION / REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROPOSES $ 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) �% !�ss& TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) AlrAg4ed THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) ,71 /c3iZ�`/Di✓ G� l' %��e�/` /�/?c� %�.�.�1�/r�e�5✓ dcr'� ��f'i�%��ciF ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Applicant's Signature Date:�4 STATE OF �loi,a�q COUNTY OF �3.etia BEFORE ME the undersigned authority did personally appear Mo�r�a. , who provided as identification, and who after being place under oath, swore or affirmed the information contained within this application is true and correct. OSPAY Argo Sr�,fe of Florida �/J9 .IG. JI'/1G., my C '�O►�oa Expires 08/03/20, 1 Notary Public Y FOR STAFF USE ONLY APPLICATION FEE: $ /oa.C)n RECEIVED BY CITY ON COMPLIANCE CONFIRMED BY BUILDING OFFICIAL ON CODE ENFORCEMENT REVIEW ON CODE ENFORCEMENT RECOMMENDATION ATTACHED: YES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE 04/04/2008 1;17 PM 000143t T_L.l 1014. J!J IL4d1 Cash Amount $0.00 CY, #5700 Amount $100.00 The factual basis upon which the violator believes this application should be granted : • The applicant has never had a violation & has shown good faith in amending this situation. • This is a vacant lot with the total of 15,000 square feet, the portion that was cleared was 2,644 square feet. (approximately 17%) • The portion of the lot cleared was a majority of dense pepper trees, scrub oaks had grown among the pepper trees which made them impossible to see. This also made the scrub oaks crooked and not desireable for attractive landscape use. In my opinon none of the vegetation removed was of any value even if a permit would have been obtained. This is a nice residential street with nice homes that would command a landscaping plan other than what was removed. Terms or conditions to be imposed upon applicant should the application be granted: o With the consideration that there is existing area remaining on the lot that contains fourteen 3" oaks, three 4" oaks, and one 2" oak for a total of 56", the applicant would donate four 3" oaks to the city for planting of their choice. • Applicant would also agree to compensate the staff in the amount of $500.00 for their efforts. ARTICLE VI. CODE ENFORCEMENT* Page 1 of 2 Sec. 2-260. Application for satisfaction or release of code enforcement liens. Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property of the violator, such violator may apply for a satisfaction or release of such lien in accordance with this section. (a) Upon full payment by the violator of the fine or penalty in accordance with this chapter, the city manager shall execute and record a satisfaction of lien. (b) The application for satisfaction or release of lien shall be in written form, typed or handwritten, by the violator, and shall be submitted to the building official or the designee of the building official. the application shall include, but may not be limited to the following: (1) The code enforcement case number; (2) The date upon which the violator brought the subject property into compliance with the City Code; (3) The factual basis upon which the violator believes the application for satisfaction or release of lien should be granted; (4) The terms upon which the satisfaction or release should be granted; (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the violator; and (7) Any other information which the violator deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. (8) This application shall be executed under oath and sworn to in the presence of a notary public. (c) The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are nonrefundable, without regard for the final disposition of the application for satisfaction or release of lien. (d) Upon receipt of the application for satisfaction or release of lien and payment provided above, the Building Official or designee of the building official shall confirm through the code enforcement department that the violation which resulted in the order imposing penalty or fine has been satisfied. If the violation has been satisfied and there is no current code violation upon the property in question, the building official or designee of the building official shall place the application upon the agenda ofthe next meeting of the Code Enforcement Board for the City of Cape Canaveral. (e) At the hearing before the code enforcement board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board regarding the application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented, the code enforcement board shall by motion direct a recommendation to the city council for approval, approval with conditions, or denial of the application for satisfaction or release of lien. http://libraryl.municode.com/default/DocView/12642/l/33/39 4/30/2008 ARTICLE VI. CODE ENFORCEMENT* Page 2 of 2 The code enforcement board, in determining its recommendation, shall consider the following factors: (1) The gravity of the violation; (2) The time in which it took the violator to come into compliance; (3) The accrued amount of the code enforcement fine or lien; (4) Any previous or subsequent code violations; (5) Any financial hardship; and (6) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine. (f) After a recommendation has been rendered by the code enforcement board, the building official or designee of the building official shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled city council meeting. The city council may take action solely based upon the sworn application and recommendation of the code enforcement board; or it may, in its discretion, provide the violator with an opportunity to address the council in regard to the application for satisfaction or release of lien. (g) The city council may approve, approve with conditions, or deny the application to satisfy or release of lien. If the city council approves the application to satisfy or release the lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the council have been satisfied. The violator shall have 30 days in which to comply with the conditions imposed by the city council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the city council, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (Ord. No. 05-2003, § 2, 2-18-03) http://Iibraryl.municode.com/default/DocView/12642/l/33/39 4/30/2008 ARTICLE 11. TREE PROTECTION Sec. 102-49. Remedial action. Page 1 of 1 (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 thecity 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 preferred plants listed within section 102- 54 before issuance of a certificate of occupancy or certificate of completion. (c) Property owner to guarantee survival of replaced trees. The property owner shall guarantee the survival of the trees required to be placed under subsection (b) above for a period of two years from the date the city accepts the trees and landscaping, unless a greater time period is required by development agreement. If the replacement tree dies, the tree shall be replaced in accordance with this section. For new development projects or violations involving the unlawful removal of more than five trees, the city may require a performance bond in a form acceptableto the city attorney, as a condition of approving the restoration plan, in order to ensure compliance with this subsection. (Ord. No. 05-2005, § 2, 4-19-05) http://library l .municode.com/default/Doc View/ 12642/1 /186/ 188 4/30/2008 F City oCape Ce Canaveral CODE ENFORCEMENT BOARD CITY OF GAPE CANAVERAL CITY OF CAPE CANAVERAL, FLORIDA AMENDED NOTICE OF VIOLATION THE CITY OF CAPE CANAVERAL Case No. 2007-00226 A Florida Municipal Corporation, 1/23/2008 Complainant, V. Owner(s) of the property located at: Vancant lot on Surf Drive, Cape Canaveral Respondent(s) Norman G & Marie A Boucher, Trustees 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 ten (10 ) 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 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 until 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): Vancant lot on Surf Drive, Cape Canaveral 2. Name and address of owner(s) of property where violation(s) exist: Norman G & Marie A Boucher, Trustees 8698 Commerce Street, Cape Canaveral, Florida 32920 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Page 2 2007-00226 A complaint was made and an inspection of your property revealed the vacant lot was being cleared of all vegetation without the required land clearing permit(s). A cease and desist order was placed on the property on 1/3/07. This is a violation of the below referenced City of Cape Canaveral Code of Ordinances. 3. Description of Violation(s) at property: Sec. 102 "Tree Protection" 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. 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. 4. Recommendation to correct the violation(s) described above: Pay the fines as required by Section 102-38; and provide a remedial plan of action, as specified under Section 102-49, to restore the property consistent with a restoration plan approved by the Building Official. 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 preferred plants listed within section 102-54 before issuance of a certificate of occupancy or certificate of completion. (c) Property owner to guarantee survival of replaced trees. The property owner shall guarantee the survival of the trees required to be placed under subsection (b) above for a period of two years from the date the city accepts the trees and landscaping, unless a greater time period is required by development agreement. If the replacement tree dies, the tree shall be replaced in accordance with this section. For new development projects or violations involving the unlawful removal of more than five trees, the city may require a performance bond in a form acceptable to the city attorney, as a condition of approving the restoration plan, in order to ensure compliance with this subsection. Page 3 2007-00226 Please be advised that the following penalties may be imposed under Sec. 102-38 (b), Enforcement and Penalties: 1. (13) trees @ $250.00 = $3,250.00 (one acre rule) 43,560.x .17=7,405.20 -100 = 74 units x $250.00 = 18,513.00 x 2 = $37, 026.00 for a Total = $40,276.00 2. (100.00 per diameter inch) 13 trees ranging from 4" to 8" _ $6,800.00 Total of 1 + 2 = $47,076.00 Please be advised that if you feel you have been adversely affected by an administrative interpretation of this code you may appeal said interpretation to the City Manager, in writting within 10 days of this notice as follows: Under Section 102-48, 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. Failure to comply within ten (10) 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 contained herein, do not hesitate to contact the below signed Code Enforcement Officer at the City of Ca e Canaveral. ree ex nder Code Enforcement Officer January 29, 2008 RECEIVED BY CITY MANAGER Re: Vacant lot on Surf Drive TIME- To: City Manager of City of Cape Canaveral Mr. Boucher, My first thought is to apologize to you and your staff for this violation of the ordinance within our city. The clearing of this lot came about without any forethought or planning on my part. I had not planned on clearing this lot. A neighbor called me and said he was clearing his lot and would I like mine cleared. 1 did nothing about it until the clearing contractor called and said, I am here and could 1 come over and discuss the price to clear the lot. This was about two in the afternoon and I was painting my garage floor, 1 rushed over had a short discussion and agreed on a price. I gave him the authority to clear the lot. My decision to do this came quite easily, previously the neighbors to the south (The Shores of Artisia) had sent me a letter stating the pepper trees were encroaching on their property, they wanted to also replace the fence and would I remove the pepper trees. I ignored the letter, this was not a very nice neighborly thing to do. I also had inquires that FPL could not get to their transformer across my property and that was a liability. This south part of the lot had thick pepper trees all along the fence. With these arguments, a cheap price to clear these trees and making a hasty decision I honestly thought this was a good thing to do. As I look back 1 know there is an ordinance, I did not even think this through when I made the decision. I now look at what I have done and feel that the city would be much nicer and cleaner if they would make owners clean vacant lots, 1 pride myself in owning property and keeping it cleaned at all times, I did have this lot mowed twice with no appreciative improvement in appearance. 1 am enclosing an Ariel of the lot, on which I indicated what has been cleared, ( two loads were taken away). The trees in question were Sand Live Oaks, Florida Privits and Bumilia trees. I have spoken with experts on these trees and not one would recommend planting these. They are invasive, dense and listed as not particularly outstanding plants. Once again I apologize to the city and staff, 1 have been a long time resident and board member. 1 cleared this lot without thinking. I look back and think what 1 have done, 1 have not done any long lasting detrimental effect on anyone one or the city and was done with no malicious intent. If anything I improved the appearance of an overgrown vacant lot. Also enclosed you will find a recent article of several acres being cleared in Viera. I would ask that this appeal be considered to be one of sincerity that I have not done this with forethought or malicious intent to circumvent the cities intent of the ordinance. Sincerely, Norman G. Boucher Enclosure City of Cape Canaveral THE CITY OF CAPE CANAVERAL Case No. 2007-00226 A Florida Municipal Corporation, Complainant, V. NOTICE OF HEARING Owner(s) of the property located at: Vancant lot on Surf Drive, Cape Canaveral Respondent(s) Norman G & Marie A Boucher, Trustees A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on March 20, 2008 at 7:00 p.m. or as soon thereafter as possible. The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920. The Code Enforcement Board will receive testimony and evidence at said hearing regarding the violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code of Ordinances. You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel attend the above referenced hearing. The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property and/or other personal or real property. AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. D this 11 th day of March, 2008 Duree Alexander Code Enforcement Officer 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (.321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com Penalty summary Unaddressed parcels on Surf Dr. described by Parcel I.D. No.'s 24-3 7-14-51-00007.0-0006.00 24-37-14-51-00007.0-0006.01 Owner Information: BOUCBER, NORMAN G 8698 COMMERCE ST CAPE CANAVERAL, FL 32920 Evidence consists of • Total number of trees cleared: 12 • Description of trees cleared: Five 4" oaks, Four 6" oaks, Three 8" oaks • Total number of diameter inches: (5x4) + (4x6) + (3x8) = 68 • Land area cleared: 2,644 s.f. Penalty provisions: 102-38(b)(1) Failure to obtain a permit $250.00 per tree, not to exceed $5,000.00, plus $250.00 per 100 square feet cleared. 12 trees at $250 ea. = $3,000 26.44 squares cleared @ $250 ea. = $6,610 102-38(b)(2) Removal of a tree without a permit Fine of $100.00 per diameter inch, not to exceed $5,000.00 per tree. 68 inches x $100 = $6,800 $6,800 (no individual tree exceeds $5,000) Total: $16,410 MEMORANDUM CITY OF CAPE CANAVERAL TO: Duree Alexander/Code Enforcement Officer FROM: Kay McKee/Public Works Supervisor DATE: February 12, 2008 SUBJECT: Land Clearing Surf Dr. According to the inspection performed on 1/3/08 on the lot on Surf Dr., the following is the count and dbh of the trees that were found to have been cleared: (5) five 4"dbh sand live oaks, (4) four 6"dbh sand live oaks, and (3) three 8" dbh sand live oaks. Multi -stemmed Bumilia and Florida Privits were also uprooted, but because they do not meet the caliper requirement they were not counted. C: Walter Bandish/PWD Jeff Ratliff/APWD Code Enforcement Board Meeting Minutes March 20, 2008 Page 4 4. Case No. 07-00226 — Violation of Section 102, Tree Protection; and Section 102- 39, Permits, of the City of Cape Canaveral Code of Ordinances, (Vacant Lot on Surf Dr.) — Norman & Marie Boucher, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the violation is for the removal of trees without a permit. Officer Alexander stated that, according to the City Arborist's report, there were 12 trees removed with a total diameter inch of 68. Ms. Alexander further stated that the fines were calculated according to Section 102-38(b)(1), failure to obtain a permit with a fine of $250.00 per tree, plus $250,00 per 100 square feet cleared; and Section 102-38(b)(2), removal of a tree without a permit with a fine of $100.00 per diameter inch, for a total penalty of $16,410.00. Norman Boucher, property owner, testified that the clearing of his lot came about without any planning on his part. He stated that while his neighbor was clearing, he asked Mr. Boucher if he wanted his lot cleared also. Mr. Boucher explained that he made the decision in haste based on the thought that the pepper trees were encroaching on the neighbor to the south and FPL could not get to their transformer, so he believed this was a good thing to do. Mr. Boucher said that if he had planned better, he would have inquired further as to what was required by the City. Mr. Boucher further explained that the trees in question were not recommended for planting according to the experts and he apologized to the Board and to City staff and stated that he cleared the lot without thinking, it was not with malicious intent, and he believes that the appearance of the lot has improved. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 102-39, Permits, of the City Code and be required to pay the penalty in the amount of sixteen thousand four hundred and ten dollars ($16,410.00) as required by Section 102-38(b)(1) and Section 102-38(b)(2). City Attorney, Kate Latorre, explained to the Board that, if they find the respondent in violation, the fine would be calculated based on the penalty provisions of the City Code. Attorney Latorre stated that the Code Section 102-38(b) reads, "one or more of the following civil fines shall apply"; and further advised that the Board could select either Section 102-38(b)(1) or Section 102-38(b)(2) or both. Discussion followed. Motion by Ms. Hartley, seconded by Mr. Hale, to find the respondent in violation and be fined in accordance with Section 102-38-(b)(2); in the amount of six thousand eight hundred dollars ($6,800.00). Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:27 P.M. Approved on this P7 day of , 2008. Mary Ru ell, Chairperson Joy Lombardi, Board Secretary City ®f Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL; FLORIDA CANAVERAL, _� ....... .��. �rporation, Complainant, VA Norman & Marie Boucher Owner of the Property located at: Vacant Lot on Surf Drive Cape Canaveral, FL 32920 PARCEL ID #'S: 24-37-14-51-00007.0-0006.00 24-37-14-51-00007.0-0006.01 Respondent, Case #07-00226 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 20, 2008 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, Tree Protection; Section 102-39, Permits, of the City Code; exists or existed upon the Property; 3. That Respondent was provided notice of hearing before the Code Enforcement Board and was present at the hearing; 105 Polk Avenue - Post Office Box 326 e Cape Canaveral, FL 32920-0326 Telephone: (321.) 868-1222 • SL NCOM: 982-1222 o FAX: (321) 868-1247 wwwrnyflorida.com/cape • email: ccapecanaveral@cfl.rr.com -Z (n (al O -a N o W �aCD CO O 00 d,c'I 0— 0 0 A O O C:0O v 03CO w� W � 00 CO U1 0 N 0 M nj 5 cn n(D Cn o co oa Case #07-00226 4. That based on the testimony and evidence presented, Respondent has violated the City Code, to wit: Chapter 102, Tree Protection; Section 102-39, Permits, 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 .;PON THE FOREGOING FACTS AND CONCLUSIONS, IT 1-0 HEREBY ORDERED: 1. A fine will be immediately entered in the amount of six thousand eight hundred dollars ($6,800.00) per Section 102-38(b)(2); 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 20th day of March, 2008. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ I, Chairperson \ :s furnished to: Norman & Marie Boucher, Respondent City of Cape Canaveral, Case File Case #07-00226 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 zl day of 14Qrc-L� , 2008. Joy Lombardi, Board Secretary Duree Alexander, Code Enforcement Officer Code Enforcement Board Meeting Minutes April 17, 2008 Page 4 for not obtaining the required Certificate of Occupancies for the three units. Officer Alexander stated that the respondent has not complied with the St. Johns River Water Management District (SJRWMD) permit requirements for the storm water system changes that were made and the developer has sold one of the units without the Certificate of Occupancy. Officer Alexander respectfully requested that the Board find the respondent in violation of Section 110-91, Conformity to Plans, Specifications, Intended Usesan pplications; Section 110-121, Certificate of Occupancy Required; and Section 1 , Use and Occupancy; of the Florida Building Code, as adopted by Section 1, of the City of Cape Canaveral Code of Ordinances, and be given until May 22, 2 e into compliance or be fined two hundred and fifty dollars ($250.00) per davAn found mpliance. Discussion followed. Motion by Mr. Viens, seconded by Mr. Ciercirski, ti find the respondent in violation and be given until I or be fined two hundred and fifty dollars ($250.00) on the motion carried unanimously. OLD BUSINESS: M Code presented for the r al Section , of the lien b lien; any prev reduction of the provide a remec •to come into compliance found in compliance. Vote e Alexand�'provided an overview of the Case history and Bo review. Officer Alexander testified that the violation is out rmit. Officer Alexander stated that, the City Ordinance iola with an opportunity to request a satisfaction or release ity of violation; the time it took to comply; the amount of the and any other mitigating circumstances that may warrant the lexander further stated that the respondent was required to plan as per Section 102-49 of the City Code. Norman Boucher, property owner, testified that the portion of the lot that was cleared was small in comparison to the size of the lot (approximately 17%). Mr. Boucher explained that the majority of the trees that were removed consisted of dense pepper trees and scrub oak. Mr. Boucher expressed his apologies and stated that his actions were not malicious. Mr. Boucher stated that he has considered a mitigation plan that consists of planting four 3" trees of the City's choice in Banana River Park, and to compensate the staff in the amount of $500.00. Mr. Boucher is asking for the Board's consideration for the satisfaction of the lien. Tom Garboski, of 303 Surf Drive, testified that the lot clearing was a travesty and stated that the Board should consider instituting the original fine. Mr. Garboski stated that the lot was overgrown, however, the Laurel Oaks that were taken would have been very nice trees. The clearing happened during a long weekend and he believed that Mr. Boucher's actions were calculated. Mr. Garboski further stated that he believed that, because of the clearing, the wildlife has been displaced. Code Enforcement Board Meeting Minutes April 17, 2008 Page 5 City Attorney, Kate Latorre, explained to the Board that, according to Section 102-49(a) of the City Code, the respondent is required to remediate according to the code and there is not a lot of room for discretion. The mitigation plan is in addition to the fine imposed; however, the Board does have the discretion to reduce the fine of $6,800.00. Ms. Latorre recommended that the mitigation plan be a condition if the Board decides to recommend to City Council a reduction in the fine. Discussion followed. Motion by Ms. Hartley, seconded by Mr. Viens, to recommend to Cityncil that the fine, in accordance with Section 102-38-(b)(2), in the amount of six thou eight hundred dollars ($6,800.00) be imposed. Vote on the motion carried by majority, with Charles Biederman, for; James Hale, against; Karen Hartley, ussell, for; Raymond Viens, for; Ed Ciecirski, against; Lynn Mars, agues . ADJOURNMENT: There being no further business the meeting adjourri`ajIFP.M. Approved on this day of NA1111h M 12008. Russell, Chairperson Meeting Type: Regular Meeting Date: 05-06-08 AGENDA Heading Consideration Item 8 No. Beautification Fund - $141,517.38 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD OF BID NO. 08-01, MOWING/MAINTENANCE OF CITY LANDSCAPED AREAS, RIGHTS OF WAY, WWTP, LIFT STATIONS AND CENTRAL DITCH DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council consider the award of Bid No. 08-01, mowing/maintenance of City landscaped areas, rights of way, WWTP, lift stations and Central Ditch to the low bidder, Professional Diversified Services, Inc. as recommended by the public works director. Summary Explanation & Background: The total annual bid is $164,408.01 and will be allocated in the budget as follows: Beautification Fund - $141,517.38 Sewer Fund - $ 18,716.84 Stormwater Fund -$ 4,173.79 I support the recommendation. Exhibits Attached: Public Works Director's memo; Bid Sheets City Manage •' ffice Department PUBLIC WORKS ca mydo mnt dmin\council mee nng\2008\05-06-08\08-01.doc To: Bennett Boucher — City Manager Walter Bandish — Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: April 28, 2008 RE: Agenda Item for May 6, 2008 Meeting The City of Cape Canaveral (City) recently re -bid the "Mowing/Maintenance of City Landscaped Areas, Rights -of -Way, Water Reclamation Plant, and Lift Stations And Mowing/Slope Mowing of the Central Ditch" (BID #08-01) contract. Bids were accepted until 3:00 pm on April 7 - bids were opened on April 7 at 3:15 pm at the City Hall Annex. Four firms submitted bids: 1). Professional Diversified Services, Inc. 2). Nick's Professional Landscape Maintenance (current contractor) 3). Spectrum Services, LLC 4). Begley's Cleaning Service, Inc. dba Millenium Grounds & Waters A summary of the review of the four bids is attached. Recommendation: City staff recommends that Professional Diversified Services, Inc. (PDSI), be awarded the new City contract in the amount of $164,408.01. This recommendation is made based on two factors: (1) bid cost and (2) PDSI has the capabilities to perform the work. This contract will be for a one-year period and may be extended on a year-to-year basis with City Council approval not to exceed five (5) years. Funds for the work are from the following: Bid Areas 1 and 2 (105-015-541-340000) - $141,517.38. Bid Area 3 (401-010-535-340000) - $18,716.84. Bid Area 4 (403-018-538-461000) - $4,173.79. 11 SOURCE SELECTION SENSITIVE Copy Mowing/Maintenance of City Landscaped Area, Rights -of - Way, Water Reclamation, and Mowing/Slope Mowing of Central Ditch Cape Canaveral, Florida SOLICITATION NUMBER: #08-01 3:00pm April 7, 2008 City of Canaveral TEAMS WrM Sr Offered fly: Professional Diversified Services, Inc. 1060 W. King St., Suite D Cocoa, Florida 32922 Voice: 321-5043992 Fax: 321-5043991 This data, famished in connection with Request for Proposal shall not be disclosed outside the Government and shall not be duplicated, used, or disclosed in whole or in part for any purpose other than to evaluate the proposal, provided that if a contract is awarded to this offeror or as a result of or in connection with the submission of this data, the Government shall have the right to duplicate, use or disclose the data to the extent provided in the contract. This restriction does not limit the Government's right to use information contained in the data if it is obtained from another source without restriction. The data subject to this restriction is contained in all sheets. SOURCE SELECTION SENSITIVE MOWING/MAINTENANCE OF CITY LANDSCAPED ARES, RIGHTS-OF-WAY, WATER RECLAMATION PDSI PLANT, LIFT STATIONS ANDMOWING/SLOPE MOWING OF CENTRAL DITCH Professional Diversified Services Inc. BID # 08-01 1060 West King Street, Cocoa, FL 32922 P: (321) 504-3992 F: (321) 5a4-3991 E -Mail: dmack%i%ocL_ L0.cgrn Website: www.odsi2000.ccm April 7, 2008 City of Cape Canaveral City Clerk's Office 105 Polk Avenue Cape Canaveral, FL 32920-0326 PDSI is pleased to provide the following proposal for Landscape Maintenance. Specification PDSI will provide services as outlinei in the specifications section of the bid package to the locations as identified in all EAibits/Attachments. PDSI will be responsible to supply all labor, supplies, materials, equipment, tools and other services and accessories necessary and proper or incidental to such maintenance as outlined in the specifications. Statement of Inspection PDSI has inspected/surveyed the grounds as described in the bid package. uotation Mowing/Landscape Maintenance $13,295.00 per month $1599540.00 Annually Qualifications & Certifications • PDSI is the Prime Contractor for 1,100+ acre overall Landscape Maintenance Contract at Patrick Air Force Base, FL • PDSI currently employs over 30 full time personnel • PDSI utilizes licensed irrigation and landscape pesticide maintenance application specialists • PDSI Maintains all Brevard County and local Occupational Permits • PDSI Maintains all areas including the Airfield, we employ Certified Tractor Operators • PDSI is registered in the Federal Government CCR database • Our DUNS number is 133103957 • Our Federal ID # is 59-3612847. • PDSI is a Certified 8(a), HUBZone, Minority Business Enterprise and Small Disadvantaged Business PDSI Facilities Support Services Company History Professional Diversified Services, Inc. (PDSI) was founded in 1999 by Darrell Mack, President CEO with the primary aim of providing unparalleled quality facility support services. Today, PDSI is recognized and respected as an industry leader in providing innovative superior quality facility operations and support services. Our business focus is in support services including project management, administration services, grounds maintenance, custodial services, facilities operations & maintenance and distribution services. We continually strive to develop innovative solutions designed to improve public and employee health, safety and welfare. PDSI is financially secure and successful in its business objectives. Through the successful integration of quality training, developed skills and knowledge PDSI's team of experienced managers, technicians and support staff understand the challenging performance aspects of each individual project. Our comprehensive utilization of industry best practices allows us to perform at peak levels while maintaining the highest quality standards. We have a record of providing top quality services and products to our broad spectrum of customers in the federal, state, local government and commercial sectors. 'Yeti Our Mission: "Provide our cuftomers with leading quality products and services that consistently exceed expectations." Insurance, Liability & Warranty PDSI carries general liability and property damage insurance with an aggregate limit of $2,000,000. All employees are properly trained, licensed, professionally dressed and covered by workers compensation insurance. PDSI warrants work performance by its employees and subcontractors. Local References Contract Number: F08650 -03-D-0009 Grounds Maintenance Contract�c^- Award Date: September 12, 2003 Contract Type: Fixed Price Original Delivery Schedule: March 1, 2004 — September 30, 2008 N a Cfl s Procuring Contracting Activity: Contracting Officers Technical Representative: (COTR) Name: U.S. Air Force, Patrick AFB Name: Jimmy Patterson Address: 1201 Edward H. White II Street Phone: (321) 494-4583 Patrick AFB, FL 32925-3237 FAX: (321) 494-9820 Phone: (321) 494-9941 Relevancy or Similarity to this Solicitation: PDSI provides all plants, shrubs, materials, equipment, supplies, labor and transportation in the performance of Grounds Maintenance Services for 1,100 -acres at Patrick AFB, FL. Contract Number: FA252104PO303 Window Cleaning Services Award Date: September28, 2004 Contract Type: Fixed Price Delivery Schedule: October 1, 2004 — September 30, 2010 Procuring Contracting Activity: Mr. Tom Blake 45Cons/LGCBB Phone: (321) 4944098 1201 Edward H White II St. Patrick AFB, FL 32925 PDSI Facilities Support Services Relevancy or Similarity to this Solicitation: PDSI provides labor, tools, equipment, materials and transportation in the performance of Window Cleaning for the Deomi Bldg. on Patrick AFB, ,Florida. Contract Number: Multiple Janitorial/Custodial Services Award Date: April 16, 2006 Contract Type: Fixed Price Original Delivery Schedule: May 1, 2006 — April 30, 2010 Procuring Contracting Activity: Point of Contact: Corey Lancaster Harlan Property Development Phone: (321) 863-5063 1060 King St Fax: (321) 504-6299 Cocoa, FL 32922 Relevancy or Similarity to this Solicitation: PDSI provides labor, tools, equipment, materials and transportation in the performance of Custodial Services/ Clean-ups to Harlan Property Development various locations in Florida. Contract Number: WM001 Janitorial & Specialized Services Award Date: December 20, 2006 Contract Type: Fixed Price Original Delivery Schedule: January 1, 2007 —December 30, 2008 Procuring -,Contracting Activity: Point of Contact: Jim Tuggle Waste Management Phone: (407) 467-5195 3303 Lake Drive Fax: (321) 632-3078 Cocoa, FL 32926 Relevancy or Similarity to this Solicitation: ,. PDSI provides labor, tools, equipment, materials and transportation in the performance of Custodial Services to Waste_ Management in Cocoa, Florida. PDSI also provides contract facilities support services that include offsite repairs to property damage incurred by Waste Management's drivers in the delivery of their services to customers. Performance Bond PDSI shall provide the required 5% Performance Bond upon successful selection as project contractor. MOT Certification PDSI field staff management maintain current MOT Certifications. Equipment Listing • Yehicles & Trailers 6 Ea Ford/Chevy 1998-2005 Crew Pickup Trucks 4 Ea Isuzu 1999-2001 Pickup Trucks 2 Ea Ford 2001 F250 Stakeside Tilt bed Trucks 2 Ea Transport 8' X 16' Open Equipment Trailers w/Equipment Racks 6 Ea Transport 6' X 12' Open Equipment Trailers w/Equipment Racks 1 Ea 20 Cu Yd Hydraulic dump trailer • Maintenance Equipment 2 Ea M. Ferguson 492 Canopy Tractor 1 Ea M. Ferguson 451 Canopy Tractor 1 Ea Bush Hog 20' Deck Mower CDSI Facilities Saipporl Services 1 Ea Bush Hog 15' Deck Mower 1 Ea Chambers 20' Boom Mower 2 Ea John Deere 61" ZTR mower 4 Ea John Deere 54" ZTR mower 2 Ea Envirogard 48" Propane Powered ZTR mower 3 Ea Great Dane 54" Surfer Stand -on mower 2 Ea Great Dane 48" Scamper Hydro Walk behind mower 10 Ea Stihl/Echo Straight Shaft weed eaters 6 Ea Stihl/Echo Blade Edger 2 Ea Stihl/Echo 16" Pruner/Trimmer 4 Ea Echo Hedge Trimmer 24" 11 Ea Echo/Stihl Backpack Blower 2 Ea Echo Backpack BlowerNacuum Miscellaneous racks, rakes, shovels, sprayers, chain saws, and other hand tools as required to perform required duties. Additional Equipment as may be required to meet the performance specifications of the contract shall be procured and utilized PDSI shall maintain adequate back-up equipment in standby operational status as to not affect job performance Personal Protective Equipment We meet and/or exceed all OSHA & DOT standards and requirements for personnel protection while performing our duties. Additional Equipment. Technology & Support PDSlpoH* is an innovative web based electronic communication system developed specifically for customer quality satisfaction and response. This communication system provides an exceedingly high standard and level of service and allows immediate written communication and response between the end-user, our field supervisor and employees to immediately respond to opportunities, issues and emergencies that may arise during the course of project performance. Any system user including departmental and procurement level employees can generate ad-hoc performance reports to quantify the quality speed and responsiveness of our organization. We are committed to a standard of excellence in customer satisfaction and strive to provide responsive, flexible, and cost-effective solutions that meet or exceed our customers' expectations. Respectfull , C D 1 k (' PresidendCEO ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID HDATE PROD003 (MMIDDNYYY) 03/07/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HSH Ins & Bonds of Brevard LLC 400 High Point Dr, Suite 200 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cocoa FL 32926 A Phone : 321-639-3055 Fax: 321-639-2077 INSURERS AFFORDING COVERAGE NAIC # INSURED NS INSURERA• Amarisurs Insuranea cospagy— 488—..__.__ ],9488—­­­ Profgssional Diversified Servs.¢as Inc. Da roll ka INSURER B: ,, Z:La,ua,,,,«,_, Sana Ce 23396 INSURER C: Cocoa 1 3Zg 2 oet suite D INSURER D. — — INSURER E — -- Me wLMta Ur IMUHN46t UJ I tU BtWW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRVCDD'ME LTR INSR TYPE OF INSURANCE POLICY NUMBER pA MMF D E � PRAM MM/D LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE XOCCUR GL20184250400 88 03/01/08 03/01/09 EACH OCCURRENCE $ 11. 000 , 000 PREMISES EaRo�cur°enee $ 50 000 MED EXP (Any one person) $5,000 PERSONAL &ADV INJURY $ 1 000 000_ GENERAL AGGREGATE s2,000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY 7 E LOC PRODUCTS - COMP/OP AGG $ 2 000,000 — — Emp Ben. 1,000,000 AUTOMOBILE UABIUTY B X ANY AUTO ALL OWNED AUTOS CA20184240008 03/01/08 03/31/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 —`— SCHEDULED AUTOS BODILY INJURY $ (Per person) X HIREDAUTOS — X NON -OWNED AUTOS BODILY INJURY (Per (Por aceldent) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESSNMBREU A LIABILITY X OCCUR ❑ CLAIMSMADE CU2018426 03/01/08 03/01/09 EACH OCCURRENCE $2,000,00-0 AGGREGATE s2,000,000 s DEDUCTIBLE X RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' UABIUTY ANY PROPRIETORIPARTNEREXECUTIVE OFFICER/MEMBER EXCLUDED? WC201842703 03/01/08 03/01/09 X T RY IM ER E.L. EACH ACCIDENT $100 000 — EL DISEASE - EA EMPLOYE $ 10 0 000 1( Yes, describe under SPECIAL PROVISIONS below OTHER _ E.L. DISEASE - POLICY LIMIT E500 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 'UMTICI^A— — GANCELLATION — _ FORIMFO SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MNL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL For Informational Purposes IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 /2nn9/nSI1 ®ACORD CORPORATION 1988 k 6 VI t3. ui'� � N 3.4�' ,� 4y i Ni• �„ to � cv= ,� { 'r� 8 G :O O 'I O. . :Q 6 t3. k AN u M to CL rt Ail, r'93- ; k6g[TIr k AN 3Y�•}� y � j3t P Iii tAA ••• U AV i y 01 V Ito Ulu -10 to �wryr. t%l QQ�i iElcl i cl /C y LU a?: i An I f tar IR w I x i i 3 Y � � � � ��', �. �' L✓ r.' „Y � .0 Y � i� � +mow,` tai "L° tq3 � i LA L Ila t) x� p C LA L t) x� p C f L�� Y VT �Z 3• ,i ` o U 0 o ra , iL c C" a. ;fa ' z ;E J ['vi M� M� d fi�rr. C� aG> '. -. " N `R, c. M d v a t!? C Q W �a O H O Q 0 d R d Z > .. M a R r`n >% w a o Q m� i� `R, o m� wrmx �a e.�ry I Meeting Type: Regular Meeting Date: 05-06-08 AGENDA Heading Consideration Item 9 No. Sewer -$ 1,410 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD OF BID NO. 08-02, FERTILIZATION, INSECT, DISEASE AND WEED CONTROL OF TURF AREAS AND CENTRAL DITCH DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council consider the award of Bid No. 08-02, fertilization, insect, disease and weed control of turf areas and the Central Ditch to Black's Lawn Care and Pest Control as recommended by the public works director. Summary Explanation & Background: The annual bid award is $33,980 charged off to these funds: Beautification - $ 30,170 Sewer -$ 1,410 Stormwater - $ 2,400 I recommend approval. Exhibits Attached: Public works director's memo; Bid Sheets City mg9gff s Offic �! Department PUBLIC WORKS cape -nt\kim\mydo&aeru!f-nts\admin\council\meeting\2008\05-06-08\08-02.doc To: Bennett Boucher — City Manager Through: Walter Bandish — Public Works Director From: Jeff Ratliff — Assistant Public Works Director Date: April 18, 2008 RE: Agenda Item for May 6, 2008 Meeting The City of Cape Canaveral (City) recently re -bid the "Fertilization, Insect, Disease, and Weed Control of Turf Areas and Weed Control of the Central Ditch" (BID #08-02) contract. Bids were accepted until 3:00 pm on April 4 - bids were opened on April 4 at 3:15 pm at the City Hall Annex. Two firms submitted bids: 1). Black's Lawn Care and Pest Control (current contractor) 2). Begley's Cleaning Service, Inc. dba Millenium Grounds & Waters A summary of the review of the two bids is attached. Recommendation: City staff recommends that Black's Lawn Care and Pest Control (current contractor) be awarded the new City contract in the amount of $33,980.00. This recommendation is made based on two factors: (1) bid cost and (2) satisfaction with previous work performed for the City. This contract will be for a one-year period and may be extended on a year-to-year basis with City Council approval not to exceed five (5) years. Funds for the work are from the following: Beautification (105-015-541-340000) - $30,170.00 WWTP (401-010-535-340000) - $1,410.00 Stormwater (403-018-538461000) - $2,400.00 CHEMICAL BID REVIEW April 4, 2008 Reviewers: Kay McKee and Jeff Ratliff Firms Bidding: 1). Begley's Cleaning Service, Inc. dba Millenium Grounds & Waters 2). Black's Lawn Care and Pest Control Proposal Review Summaries: Begley's Black's Cost: $42,750 $34,280 - $300 = $33,980 Professional Licenses: Yes Yes County License: Yes Yes Aquatic License: No copy Yes Insurance: Yes Yes Business Background/ History: Yes Yes Proposal Quality: Excellent Good References: Excellent Excellent Final Ranking 1). Black's Lawn Care and Pest Control 2). Begley's Cleaning Service, Inc. dba Millenium Grounds & Waters Explanation of Costs Costs represent an increase over the previous contract due to the following items: 1) Addition - Herbicide application on the Central Ditch four times per year. 2). Addition - Herbicide will be applied 10 times per year instead of 8 on all areas. 3). Addition - Ant treatment (Top Choice) will be applied to three playgrounds, the ball fields (infield and outfield), and the exercise trail at Manatee Park. 4). Addition -- Herbicide treatment to the exercise trail. 5). Addition - The City sign areas (2) were added for treatment. 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Y Q Z N P C4 M C4C4 m z M LU W Q w W N W U J LL O Z 0. w o O 2 � z } z a qx a.z Q z U U J O a B&/ SERVING BREVARD COUNTY SINCE 1952 ek LAWN CARE AND PEST CONTROL 3625 N. Courtenay Parkway • Merritt Island, Florida • Tel: 321-452-4911 • Fax: 321-452-0570 Mailing Address: Post Office Box 540201 • Merritt Island, Florida 32954-0201 City of Cape Canaveral City Clerk's Office P.O. Box 326 Cape Canaveral, FL 32920-0326 April 4, 2008 RE: Bid # 08-02 Fertilization, Insect, Disease, and Weed Control of Turf areas and Weed Control of the Central Ditch. Black's Spray Service Inc. is very interested in becoming the contractor of choice for this bid. We have over 10 combined years of experience with your property. We are located in Merritt Island, FL and have been in the Lawn Care and Pest Control business for more than 56 years. We are locally owned and operate a drug free workplace. We pride ourselves in providing a quality service at a fair price. We have done a good job for you in the past and are always very responsive to your needs. We have many large customers with service requirements similar to the City's. The ones listed below are a few in which we perform Lawn Care, Tree and Shrub Care and Herbicide treatments. I have chosen these due to their close proximity to yours. IAP Worldwide Services 7315 N. Atlantic Avenue, Cape Canaveral, FL 32920. At this site we perform Lawn Care, Tree and Shrub Care, and Herbicide services. The contact for this site is Judith Mallette 321-784-7157 Contract exceeds $ 6,000. Villages of Seaport 120 Seaport Blvd, Cape Canaveral, FL 32920. At this site we perform Lawn Care, Tree and Shrub Care, and Herbicide services. The contact for this site is William Jones 321-784-0814 Contract value exceeds $ 25,000 Ron Jon Surf Shop 4151 N. Atlantic Ave, Cocoa Beach, FL 32931. At this site we perform Lawn Care and Tree and Shrub Care. We also service their Warehouse and Corporate Offices. The contact for this site is Scott Montagna 321-868-0333 Contract value exceeds $ 3,000. Church of Our Savior 5301 N. Atlantic Ave, Cocoa Beach, FL 32931. At this site we perform Lawn Care and Indoor Pest Control. The contact for this site is Raonel Barrial 321-302-9422. Contract value exceeds $ 3,500. Costa Del Sol Condominium 5801 N. Banana River Blvd, Cape Canaveral, FL 32920. At this site we perform Lawn Care and Tree and Shrub Care. The contact for this site is Rocky Galbreath 321-432-5835. Contract value exceeds $ 6,700 Four Seasons Condominium 3799 S. Banana River Drive, Cocoa Beach, FL 32931. At this site we perform Lawn Care and Tree and Shrub Care. The contact for this site is Scott Montagna 321-868-0333 Contract value exceeds $ 8,500. I have selected Ecor Industries Inc. as a subcontractor to perform the Aquatic Weed control service. Ecor, like Black's is a Local, Family owned business with over 50 years of service in Brevard County. Ecor is the largest Aquatic service provider in Brevard. County. Attached you will find the following documents: Certificates of Liability and Workman's Compensation Insurance Pest Control License Aquatic Weed Control Bid and their respective License and Insurance We want to be the Contractor of Choice for this bid and continue the relationship we have had for many years. I look forward to working with you in the future. This years bid has added scope to the prior contract requirements. As a point of reference you should know that the annual bid under the prior scope would be $ 24,168 compared to $ 34,280. Please feel free to call me if you have any questions. Sincerely, Carlos S Boyer President STATE OF FLORIDA ]Department of ZfErkuiturt anb ¢onecumtr °*trbfcto BUREAU OF ENTOMOLOGY & PEST CONTROL Date File No. June 20, 2007Expires JB139492 July 31, 2008 THE PEST CONTROL FIRM NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: July 31, 2008 3625 AT N COURTENAY PKWY MERRITT ISLAND, FL 32953 BLACKS SPRAY SERVICE INC 3625 N COURTENAY PKWY MERRITT ISLAND, FL 32953 CHARLES H BRONSON, COMMISSIONER General Household Pest & Rodent Control Lawn & Ornamental STATE OF FLORIDA t#�a nt of STATE 4nb QC00umtr 6trwa BUUREREAU OF ENTOMOLOGY & PEST CONTROL Date File No.' May 17, 2007 JF124337' Expires .:June 1, 2008 THE CERTIFIED PEST CONTROL OPERATOR NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: June 1, 2008 CARLOS BOYER General Household Pest & 2970 NEWFOUND HARBOR DR Rodent Control MERRITT ISLAND, FL 32952 Lawn & Ornamental CHARLES H BRONSON, COMMISSIONER From: Susan Preston /,t: Atlantic Pacific Insurance FaXID: 561-626-3153 To: BlacWs Spray Service ACORD_ CERTIFICATE OF LIABILITY INSURANCE JDUCER Atlantic Pacific Insurance -PBG 11382 Prospezity Farms, *123 Palm Beach Gardens FL 33410 Phone:800-5313-0487 Fax:561-626-3153 Blacks s ra �.Setvice Inc. 3625 a. =ieaey Party Merrit Island P'L 32953 Date: 3/312008 03:43 PM Page: 2 of 3 DATE (MW DD/YYM ONLY AND CONFERS NO RIGHTS UPON THE ER TE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: AmL00mp INSURER B: INSURER C: INSURER D: _ INSURER E: T€ POLICIES OF INSUR. VICE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED -ANY REQUIREMENT. TER d OR CONDITION AFFORDE OF ANY CONTRA(:T OR MWED OTHER DOCUMENT WITH RESPECT STO WHICOR THE H hll S CERTIFICATE MAY BE ISSUED OR LNG 'MtY PERTAIN. THE ]NSU LANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE IPOLICIES. AGGREGATE I IMrrs SHOWN MAY HAVE BEEN BY PAID CLAIMS. ��• EXCLUSIONS AND CONDMONS OF SUCH TR TYPE OF INSURANCE - LW 3ILrrY _ ---- - COMMER ;IAL GENERAL LIABILITY CLA MS MADE ❑ OCCUR GEN•L AGGRE( ATE LIMIT APPLIES PER: LlPOLICY -1 JECT PRO- AUTOMOBILE -LABILITY ANY AUT, , ALL OWN =D AUTOS SCHEDUI ED AUTOS HIRED AL TOS NON -OWI IED AUTOS GARAGE LAS LTIY 7 ANY AUTO EXCESSAJMBI tELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCT] 3LE RETENTION $ f COMPEN SATO AND S'LIABILI TY ANYPROPRMBER E CCLUDEpIVE be (aider OVISION 3 belan CERTIFICATE HOLD =R 25 LMA(T'g EACH OCCURRENCE $ PREINISt'�S ES ) $ MED EXP (Any acre person) $ PERSONAL 6 ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ CO aBcINEDtSINGLE LIMIT(Ee I $ BODILY INJURY (Per person) 1 $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per acciderp $ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ NAIC # W 077075858 TORY LIMITs " 01/01/08 01/01/09 E.L. EACH ACCIDENT ER $100000 E.L. DISEASE -EA EMPLOYEE $ 100000 E.L. DISEASE: -POLICY LIMIT $ 500000 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATON DATE THEREOF. THE ISS JM WLL ENDEAVOR TO MAIL 10 DAYS WRITTEN City of Cape Canaveral NoTCE T'O DIE CERTFICATE HOLDER p 7HE Lam, BUT FAILURE TO DO SO SHALL P-0. Box 326osE No -LIGATION OR Cape Canaveral 32920 LIABILtty ANY KINo UPON THE SURER LTS AGENTS OR REPRESEPITATNES, Fax Server 3/31/2008 2:49 PAGE 1/2 Fax Server AACORpTM CERTIFICATE OF LIABILITY INSURANCE DATE (MMI P O (0)540-100 A:(407)83 9-0547 THIS CERTFICATE IS ISSt1ED. 3/31/2008 Capital Risk underwriters, Inc. ONLY AND COFFERS NO AS A MATTER OF INt:OR11AMON NOT P O Drawer 17 93 HOLDER. THIS CE R(E n UPON THE CERTIFICATE ALTER THE COVERAGE AFFnlan n DOEo — JM�D• EXTEND OR FL 32802 Black, s Spray Services, Inc. 3625 N. Courtney pkwy. Merrit Island_ FL 32951 TME IREMPOLICIES OF JRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEp ABOVE FOR TME REOUIRf]�AENT, TERN OR CONDfTION OF ANY CONTRACT OR OTHER D65UM NT THE INSURANCE AFI'ORDED BY THE POLICY PERIOD NDiCATED. Npryyt> HSTAf, I ANY WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, SR LIMITS S POLICIES DESCRIBED D CLAIMS IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COND HOW" MAY HAVE BEEN REDUCED BY PAID CLANS. TR DWL � OF SUCH POLICIES - T01'1TR IN TYPE OF WSURANCE POUCYNLNaIs -- 1'�AOIR BI,ITY CIAL GENERAL LIABILITY MS MADE a OCCUR 02�LOIS0024i77-1 GATE LIMB APPLIES PPa AUTOMOBILE LIABILITY L T J ED AUTOS PDAUTOS I ROS NED AUTOS GARAGE LIRE I ANY AUT:) EXCESeVMf iEL.LA LIABILm 71 OCCUR 11 CLAIMS MADE DEDUCT SLE wowam COYPEN iAT10N AND EMPLOYERS' UABIL TY ANY PROPRIETORIP, IRTNER/EXECU-nvE OFFICERIMMSER E (CLUDEDT If yes, deI under SPECIAL PROVISION 3 babes OTHER 5/13/2007 15/13/2008 OESClup-noN OF OPERAT ONSiWCAT10N Pest Control ADDED BY EMORBEMENTBPECIAL PR us TE City of crape Canaveral PO Box 3::6 Cape Caa;Lveral, FL 32920 ACORD 25 (2001/08) — INS025 (olDs).os AMS COMBINED SINGLE LIMIT (Esaootdent) S BODILYINJI (Per person) $ BODILY INJURY (Per nowem) $ PROPERTY DAMAGE (Paraomem) $ AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC S AUTO ONLY: AGG S a -EA 1,000,000 1,000,000 2,000,000 2,0 SHOULD ANY OF THE ABOVE DEBCRBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE T"EREAF, TILE ISSUINGINSURER WILL ENDEAVOR TO MAL 10 DAYS WRIREN NOTICE TO THE CERTIFICATE "OLDER NAMED TO T"E LEFT, BUT FAILURE TO DO SO S"ALL IMPOSE NO OBLIGATION OR UABLrIY OF ANY KIND UPON THE If R8 AGENi$ OR REPREBBITATiYEB, AUT"ORQEp R*REBEIfTAT11fE John Wilson/KEG VNI P Magaye Solupone, Inc (81X)327-0545 10 ACORD CORPORATION 1988 Page 1 of 2 EcorAquutic Woed Control & Natural Araas Manag4em4ent 2820 Electronics Dr - Melbournte, FL 32935 (321) 254-0930 - Fcox (321) 254-4695 Aquatic Service Proposal Prepared for: Black's Spray Service 3625 N. Courtney Parkway Merritt Island, FL 32953 Date: March 13, 2008 Site Description Services Fee Central Ditch 3000' ditch from the back of C.M. Weston Subdivision south to East Quarterly $600 Central Blvd and then south to Astronaut Blvd. Applications of aquatic herbicides to control the overgrowth of emergent vegetation in the ditch. Mangroves are a protected species and not to be sprayed. Depending on the vegetation present, herbicides to be used may include Aquastar (glyphosate), Reward (diquat), and Renovate (triclopyr) The City of Cape Canaveral will need to furnish a copy of the Florida Department of Environmental Protection aquatic plant permit prior to any applications being made. If one is not already recorded, it would need to be applied for. Prepared by: Michael A. Garoust II Approval: MAR -17-2008 10:c'SA FROM:ECOR IND. 3212544695 TO:4520570 P.3 STATE OF FLORIDA Aepsrtmto 01 tngrhu[ture nb casum" otfte s BUREAU OF ENTOMOLOGY & PEST CONTROL Date File No. Expires October 19, 2007 J81514 October 31, 2009 THE PEST CONTROL FIRM NAMED BELOW HAS REGISTERED UNDER THE PROVISIONS OF CHAPTER 482 FOR THE PERIOD EXPIRING: October 31, 2008 AT 21120 ELECTRONICS DRIVE MELBOURNE, FL 32935 ECOR INDUSTRIES INC General Household Pest and 2820 ELECTRONICS DRIVE Rodent Control MELBOURNE, FL 32935 Lawn am ornamental CHARLES H nRONSON, commISSIONER Florida Department of Agriculture and Consumer Services Pesticide Certification Office Commercial Applicator License License# CM12561 CAROUST 11, MICHAEL ALAN Categories 3171 TUSCAIVILLOW DR' SA, 21, b IVIELROURNE, FL 32934 Issued: October 12, 2005 Expires- October 31. 2009 Signature or Licensee CHARLES it. BRONSON. COMMISSIONER The above individual is )icensed under the provisions erGmpter 487, F.S. to inuchase and apply reuhicicd use pesticides. MAR -17-2008 10:c4A FROM:ECOR IND. 3212544695 TO:4520570 P.2 ACORDIm I"ERTIFICATE OF LIABILITY INSURANCE DATE(AMWDOIY" PRODUCER 0M1012007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Pruitt Insurance Agency Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ^ 4. Box 380875 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ....-........ --• •-- - -- - ------ - INSURED ECOR Ind males, Inc. 2820 Elect ronice Drive Meibouml I FL 32935 COVERAGES INSURERS AFFORDING COVERAGE THE POLICIES OF INSIIRANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, T sRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY W ISSUED OR. MAY PERTAIN. THE IN+)URANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INea oLICY NUMBERSEA= POLICY TION QATV APIA — IJs�TB OENtIRAI. LIABtL iTY MERCY L 0 WBILITY H OCCURaCNC6 S CLAIM: MA OCCUR t MED EXP one PERSONAL a Y GENgRAL&O—GROWTO S GERL AGGREGA B LIMIT APPLIES PER; POLICY PRO' LOC PRO M P AGO - AITTOMOBILE Lu BILITY ANY AUTO COMBINED SINGLE LIMIT S (Em accident) ALL OWNED AUTOS SCHEDULE[ AUTOS BODILY INJURY s (Pa Person) HIRED AUTO S - NON- WNEI I AUTOS BODILY INJURY s (Perawdsnt) PROPERTY DAMAGE $ (Far adcidatl) GARAGE LU181LI1 Y ANY AUTO AUTO ONLY• RA ACCIDENT OTHER THAN AUTO EXCESSIUMBRBL LA LIABILITY OCCUR CLAIMS MADE EACH OCCU R ISE s ' $ DEDUCTIBLE RETENTION s A WORIMRS COMPENNSA 'ION AND EMPLOYERS' LIABILITYEA ANY PLiOPR1ETORIPAR" NF.WEXECU7IVE OFFICEWMEMSER EXC' .UDED4 Yes* dasame under rcm110w 2830223218 W1107 04M 1108 X WC STATU- 0 H L. a 1000 000 E. DI ASE • EMP 1,000.000 E.L, PISEASE . POLICY LIMIT I S 1000 000 OTHER OE SCRIpTgN OF OPERATION S 1 LOCATIONS i WENICLFA I Quer nawme Annan a.. a.,...�......... --�. _. __� __._.._ Corporate Of'Ocers are i:xciuded. Florida • Lawn Spraying Ind Exterminating CERi'IFiCATE HOLDER CANCELLATION ACORD 25 (2001108) SHOULD ANY OP THE ABOVE DEBCRMED POLICIES ea CANCELLED 68FORSTHa EXPIRATION DATE THEREOF. THE LSSWHO INSURER WILL ENDEAVOR TO AWL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO ONAATION OR LIABILITY OF ANY MEND UPON THE INSURER, rra AGENTS OR 02#4wAA--- MAR -17-2008 10:E5A FROM:ECOR IND. 3212544695 70:4520570 p,4 i] Claims Made 10 occurrence Frodtcer Issue Date, 06/21/07 GREAT SCOT! INSURA;, INC. d THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND 12155 Metro ParkNa/ Ste. 20A Fire Damage CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Fort Myers, FL 339 i6-8302 DOES NOT AMEND, EXTEND OR ALTBR THE CO VBRAGE AFFORDED BY THE Phone: 239-561-340) / 800-927-0418 _(Any One Person) $5,000 POLICIES BELOW Pax: 239-561-0496 O Collision Oed. $p InBUrerq AffordingCoverage www.gsiinsurance.axe $0 Insurer A, LEXINGTON INSURANCE COMPANY Insured 0 Autos 8 :ified on Schedule Insurer B: SCOTTSDALE INSURANCE COMPANY ECOR INDUSTRIES, Ile. Propert Dama a $0 Insurer C: 2920 Electronics Drive O Other ThaiUmbrella Form Occurrence Aggregate Melbourne, FL 3293i-2102 $0 $0 Insurer D, Statutory Employer's Lability Insurer E: Disease -Policy Limit $0 THE POLICIES OR IN.;URAMCB LISTED geLON , HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOA THE ypylLq PERI OD Ir NDICATED_ NOTWITHSTANDING AN( REQUIREMENT, TERM OR CONDITION OP ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO HOD THIS RTIFICATB MAY BE ISSUED OR MAY PERTAIN, THE THTERMa, BXCLVSI'>NS AND CONDITIONS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL oP SUCH POLICIES. AGGR6GAT$ LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. �Co LCL a O! IDBU"encs Certificate holder is listed as additional insured with respects -to General Liability. CePYtt$C9tb :[tilds6fi:'•'•,'' Policy Number Pol. Off. Date Pol. Exp. Date Limits of Liability A General Liab.lity DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. M CommerciaL General Liability Authorised Representative 41LX3692732 06/04/07 06/04/00 General Aggregate $2,000,000 i] Claims Made 10 occurrence Products-Comp/Ops An $2,000,000 0 Personal & Adv Injury $1,000,000 d Each Occurrence $1,000,000 Fire Damage (Any one Fire) $100,000 Medical Expense Automobile L..ability _(Any One Person) $5,000 Q Comprehensive Ded. $0 Combined Single Limit $0 O Collision Oed. $p Bodily Injury (per person) O Hired Aut)s $0 A Non -Owned Autos Bodily Injury (per accident 0 Autos 8 :ified on Schedule S0 Excess Liabi'.ity Propert Dama a $0 O Umbrella ?brm Each O Other ThaiUmbrella Form Occurrence Aggregate Worker's a m�:ensation $0 $0 And Statutory Employer's Lability Bach Accident $0 Disease -Policy Limit $0 Inland Marin: Disease -Each Employee $0 B Property Epuipment Limit $0 CPS0788760 06/04/07 06/04/08 Building Limit $210,000 Contents Limit $60,000 DESCRIPTION OF OPE UITIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PEST CONTROL OPERAPION Certificate holder is listed as additional insured with respects -to General Liability. CePYtt$C9tb :[tilds6fi:'•'•,'' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE L CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY HILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY RIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. Authorised Representative Meeting Type: Regular Meeting Date: 06-05-08 AGENDA Heading Consideration Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST FOR STATE AND FEDERAL TRANSPORTATION PROJECT FUNDING DEPT./DIVISION: LEGISLATIVE Requested Action: City Council prepare and approve a transportation project list to be submitted to the Brevard Metropolitan Planning Organization. Summary Explanation & Background: I have attached last year's project list and ranking, and I am requesting feedback and a motion for approval for this year's project submittal. Please advise. Exhibits Attached: Project List and Instructions City Maa s ffice Department LEGISLATIVE ydocuments to council\meeting\2008\05 -08\mpo.doc REQUEST FOR STATE AND FEDERAL TRANSPORTATION FUNDING FORM 1. SUBMITTING JURISDICTION: City of Cape Canaveral REQUEST YEAR: 2007 2. CATEGORY: ❑ STRATEGIC INTERMODAL SYSTEM (SIS) n REGIONALLY SIGNIFICANT (RS) ❑ OTHER ART. & COL. (STP) 3. JURISDICTIONS PRIORITY WITHIN THE CATEGORY: 1 4. IS THIS REQUEST: ❑ NEW ❑ CHANGE IN DESCRIPTION n CONTINUED SUPPORT ❑ SUPPORT FOR ANOTHER JURISDICTION 5. PROJECT LOCATION: SR AIA, International Drive and N. Atlantic Avenue (401) 6. REQUESTED ACTION: Reconfigure alignment of intersection 7. DESCRIPTION OF PROBLEM: 8. PREVIOUS STUDY OR COMPLETED PHASES: J. PROJECTS THAT MAY AFFECT REQUESTED ACTION: 10. PUBLIC COMMENT RECEIVED OR ACTION BY ELECTED BODIES: 11. PLAN SUPPORT: 12. CONTACT PERSON OR DEPARTMENT AND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230 13. OTHER COMMENTS: For MPO Use Only: Received: Processed: Follow-up: Form Rev. 4/2007 REQUEST FOR STATE AND FEEERAL TRA1NSPORTATION FUNDING FORM 1. SUBMITTING JURISDICTION: City of Cape anavera REQUEST YEAR: 2007 2. CATEGORY: ❑ STRATEGIC INTERMODAL SYSTEM (SIS) 11 REGIONALLY SIGNIFICANT (RS) ❑ OTHER ART. & COL. (STP) 3. JURISDICTIONS PRIORITY WITHIN THE CATEGORY: 2 4. IS THIS REQUEST: ❑ NEW ❑ CHANGE IN DESCRIPTION 'M CONTINUED SUPPORT ❑ SUPPORT FOR ANOTHER JURISDICTION 5. PROJECT LOCATION: SR AIA 6. REQUESTED ACTION: Design and construct an urban roadway profile for SR AIA 7. DESCRIPTION OF PROBLEM: 8. PREVIOUS STUDY OR COMPLETED PHASES: J. PROJECTS THAT MAY AFFECT REQUESTED ACTION: 10. PUBLIC COMMENT RECEIVED OR ACTION BY ELECTED BODIES: 11. PLAN SUPPORT: 12. CONTACT PERSON OR DEPARTMENT AND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230 13. OTHER COMMENTS: For MPO Use Only: Received: Processed: Follow-up: Form Rev. 412007 REQUEST FOR STATE AND FEDERAL TRANSPORTATION FUNDING FORM 1. SUBMITTING JURISDICTION: City of Cape Canaveral REQUEST YEAR: 2007 2. CATEGORY: ❑ STRATEGIC INTERMODAL SYSTEM (SIS) 1n REGIONALLY SIGNIFICANT (RS) ❑ OTHER ART. & COL. (STP) 3. .JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 3. 4. IS THIS REQUEST: ❑ NEW ❑ CHANGE IN DESCRIPTION 31M CONTINUED SUPPORT ❑ SUPPORT FOR ANOTHER JURISDICTION 5. PROJECT LOCATION: SR AIA and Columbia Drive 6. REQUESTED ACTION: Construct a pedestrian overpass 7. DESCRIPTION OF PROBLEM: H. PREVIOUS STUDY OR COMPLETED PHASES: 9. PROJECTS THAT MAY AFFECT REQUESTED ACTION: 10. PUBLIC COMMENT RECEIVED OR ACTION BY ELECTED BODIES: 11. PLAN SUPPORT: 12. CONTACT PERSON OR DEPARTMENT AND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230 13. OTHER COMMENTS: For MPO Use Only: Received: Processed: Follow-up: Form Rev. 4/2007 REQUEST FOR STATE AND FEDERAL TRANSPORTATION FUNDING FORM 1. SUBMITTING JURISDICTION: City of Cape Canaveral REQUEST YEAR: 2007 2. CATEGORY: ❑ STRATEGIC INTERMODAL SYSTEM (SIS) n REGIONALLY SIGNIFICANT (RS) ❑ OTHER ART. & COL. (STP) 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 4 4. IS THIS REQUEST: ❑ NEW ❑ CHANGE IN DESCRIPTION T� CONTINUED SUPPORT ❑ SUPPORT FOR ANOTHER JURISDICTION 5. PROJECT LOCATION: SR AIA and Columbia Drive 6. REQUESTED ACTION: Install traffic signal with pedestrian features 7. DESCRIPTION OF PROBLEM: 8. PREVIOUS STUDY OR COMPLETED PHASES: 9. PROJECTS THAT MAY AFFECT REQUESTED ACTION: 10. PUBLIC COMMENT RECEIVED OR ACTION BY ELECTED BODIES: 11. PLAN SUPPORT: 12. CONTACT PERSON OR DEPARTMENT AND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230 13. OTHER COMMENTS: For MPO Use Only: Received: Processed: Follow-up: Form Rev. 4/2007 REQUEST FOR STATE AND FEDERAL TRANSPORTATION FUNDING FORM 1. SUBMITTING JURISDICTION: City of Cape Canaveral REQUEST YEAR: 2007 2. CATEGORY: ❑ STRATEGIC INTERMODAL SYSTEM (SIS) I REGIONALLY SIGNIFICANT (RS) ❑ OTHER ART. & COL. (STP) 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 5 4. IS THIS REQUEST: ❑ NEW ❑ CHANGE IN DESCRIPTION M CONTINUED SUPPORT ❑ SUPPORT FOR ANOTHER JURISDICTION 5. PROJECT LOCATION: SR AlA 6. REQUESTED ACTION: Install overhead boom/mast arm signals at (4) locations 7. DESCRIPTION OF PROBLEM: S. PREVIOUS STUDY OR COMPLETED PHASES: 9. PROJECTS THAT MAY AFFECT REQUESTED ACTION: 10. PUBLIC COMMENT RECEIVED OR ACTION BY ELECTED BODIES: 11. PLAN SUPPORT: 12. CONTACT PERSON OR DEPARTMENT AND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230 13. OTHER COMMENTS: For MPO Use Only: Received: Processed: Follow-up: Form Rev. 4/2007 REQUEST FOR STATE AND FEDERAL TRANSPORTATION FUNDING FORM 1. SUBMITTING JURISDICTION: City of Cape Canaveral REQUEST YEAR: 2007 2. CATEGORY: ❑ STRATEGIC INTERMODAL SYSTEM (SIS) n REGIONALLY SIGNIFICANT (RS) ❑ OTHER ART. & COL. (STP) 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 6 4. IS THIS REQUEST: ❑ NEW ❑ CHANGE IN DESCRIPTION n CONTINUED SUPPORT ❑ SUPPORT FOR ANOTHER JURISDICTION 5. PROJECT LOCATION: SR AlA 6. REQUESTED ACTION: Street lighting plan and implementation 7. DESCRIPTION OF PROBLEM: 8. PREVIOUS STUDY OR COMPLETED PHASES: J. PROJECTS THAT MAY AFFECT REQUESTED ACTION: 10. PUBLIC COMMENT RECEIVED OR ACTION BY ELECTED BODIES: 11. PLAN SUPPORT: 12. CONTACT PERSON OR DEPARTMENT AND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230 13. OTHER COMMENTS: For MPO Use Only: Received: Processed: Follow-up: Form Rev. 4/2007 REQUEST FOR STATE AND FEDERAL TRANSPORTATION FUNDING FORM 1. SUBMITTING JURISDICTION: City of Cape Canaveral REQUEST YEAR: 2007 2. CATEGORY: ❑ STRATEGIC INTERMODAL SYSTEM (SIS) t] REGIONALLY SIGNIFICANT (RS) ❑ OTHER ART. & COL. (STP) 3. JURISDICTION'S PRIORITY WITHIN THE CATEGORY: 7 4. IS THIS REQUEST: ❑ NEW ❑ CHANGE IN DESCRIPTION 3 CONTINUED SUPPORT ❑ SUPPORT FOR ANOTHER JURISDICTION 5. PROJECT LOCATION: SR AIA 6. REQUESTED ACTION: Synchronize traffic lights 7. DESCRIPTION OF PROBLEM: 8. PREVIOUS STUDY OR COMPLETED PHASES: J. PROJECTS THAT MAY AFFECT REQUESTED ACTION: 10. PUBLIC COMMENT RECEIVED OR ACTION BY ELECTED BODIES: 11. PLAN SUPPORT: 12. CONTACT PERSON OR DEPARTMENT AND PHONE NUMBER: Bennett Boucher, City Manager, 321-868-1230 13. OTHER COMMENTS: For MPO Use Only: Received: Processed: Follow-up: Form Rev. 4/2007 tA) '3revard County ;portation Facilities MWmh 2W LEGEND Coddm trOtap.11+walr..y� PAWN* AWWOM e�ea■Ia,rQ+r4 � sa:l�e.aw(wwp1..� — wr�••�rsldMN«++aorwer FIOrr P11MwONp t10r11MItQprliw + • sgdl r *ftpl►t+Iknrlq ► 111rnar. w Pll W a AftCo w a A Ip p#11bdoAC�WNCMe R No, 1Pwk t SpIPOR 60-00 lCovoot w �1P»R Tooftt ppo" • an O"Aftmdom(M"6801*4 OM�IOgt NOb1W $00100 �B t1ipW k1l�klt t11�1 RONDO 1'allMd C�a'TAIIM�O M=Mdi�OM00 +fi11111� POGO t00O11t t310ptlliaO AbW I" CIMS"W Att FOIOS Gbft Olt Ci1110mo (d m IMMd 0011 nwft C~ -Cow 1i1as% OFCwtW Pbdh �Bq+O1d OUtr:mwOo m 0000 B"Owbmm t 0011yiR 0000 iti000 pbohom 0000 ftub PGr 0b ,10N 0 $we" tO" P01M,Od wow Pwk POGO 9OOOt $tMdMO11 M*kAlr FOW BM ww" BOOth p -wd t ply Cd WV -NOtN# m t8$ C011101t 1011$10 Pr1fodlq Aft r4umO PS& t1MIMIM MWWW lWA01pt(4Wj 4111113 R1rti0 W /btTiO% t alit MMM11!♦OBMIt1rOk PMM1d H�IaMldpprn0 BMOh IO1M1d Ch11101MU4 tftp - PM11180r ON00$111tii0t$i1t0RiOOMon Am A�wg 6KEVARC MI=p PROJECT REQUESTS FOR PRIORITY CONSIDERATION FOR STATE AND FEDERAL FUNDING BEGINNING IN FY 2009 Preparation of the Transportation Improvement Program (TIP) begins with the MPO annually establishing project priorities for the Brevard County area. Enclosed is a blank standard form titled "Request for State and Federal Funding" (an electronic version is being forwarded to your e-mail address). Under the provisions of the federal transportation legislation, SAFETEA-LU, transportation projects on arterial and collector roads under the control of local governments or the Florida Department of Transportation (FDOT) are eligible for federal funding. The "Request for State and Federal Transportation Project Funding" form is the method by which local governments inform the MPO of desired improvement projects on arterial and collector roads. The MPO will consider these projects when it prioritizes transportation needs for funding consideration. Instructions to assist you in completing the form are included in this mailing. Please note, these forms are not to be used to report projects that will only use local transportation improvement funds. MPO Priority List projects are separated into five categories: Strategic Intermodal System (SIS): The SIS includes transportation corridors and hubs that are essential to the economic vitality of the State of Florida, as identified by FDOT and adopted by the Legislature in April 2004, and connectors designated by FDOT (please refer to the enclosed Brevard County Transportation Facilities map). Additionally, projects at Port Canaveral, the Spaceport, Melbourne International Airport, and along the FEC railroad may also be eligible. Although the MPO will recommend priorities for use of the SIS funds, FDOT is under no obligation to concur with these recommendations. Additional SIS information may be found at: http://www.dot.state.fl.us/planning/sis. Regionally Significant Roadways(RS): Based on FDOT guidelines and local knowledge of the Brevard transportation system, the MPO developed and adopted a map of RS roadways (please refer to the enclosed Brevard County. Transportation Facilities map). Designation was based on functional classification, hurricane evacuation, and connections to other counties or regional facilities. Only projects located on the corridors indicated on the map are eligible for funding under this category. Other Arterials and Collectors (STP): Other projects not included on the SIS or RS systems are grouped for potential funding under the Federal Surface Transportation Program (STP). STP funds are designated for expenditure based on urban area population. For example, "-U" (XU, SU, etc.) funds may be spent in any urban area with a population of greater than 200,000. "-L" (XL, SL, etc.) funds may be spent in urban areas with a population of less than 200,000. The MPO has programming control of XU funds. Programming of other STP funds is at the discretion of FDOT. Transportation Enhancements: Projects such as bike paths, trails and landscaping that meet Federal Enhancement criteria fall in this category. These projects undergo a separate application and ranking process by the Bicycle/Pedestrian and Trails Advisory Committee (BPTAC) and may not be accepted every year. Announcement of a 2008 application process has been initiated, with a due date of April 4, 2008. Traffic Operations: Major operational improvements that provide moderate congestion relief or address safety concerns may be considered for funding using funds set aside by the MPO for traffic operations. Projects in this category undergo.a separate selection process by the Traffic Operations Committee and may not be accepted every year. The MPO strongly urges the Council, Commission or Board of each local government or transportation agency to adopt their project list prior to submission to the MPO. This will ensure that the public, staff and elected officials are aware of the project list and that the projects included on the form(s) represent the local government's official position. In order to meet the requirements of the Federal Highway Administration (FHWA), FDOT and the Department of Community Affairs (DCA), all projects being considered for inclusion in the FDOT Work Program must be supported by the local jurisdiction's Comprehensive Plan or Master Plan and the MPO's Cost Feasible (CF) Long Range Transportation Plan (LRTP). Therefore, documentation of Plan support in the form a of a map or project list that includes the project, or a policy that clearly supports the project, is required to be submitted with your request for funding. Projects without documented Plan Support cannot be included in the FDOT Work Program. For reference, a map illustrating the projects included in the 2025 CF LRTP is available on the MPO website (www.brevardmpo.com). Please submit your completed forms no later than May 30, 2008. There will be a meeting on Tuesday, June 24, 2008 to discuss Project Priority Recommendations in the Supervisor of Elections Canvassing Room on the first floor of Building C at the Viera Government Center, beginning at 1:00 p.m. Revised March 2008 Meeting Type: Regular Meeting Date: 05-06-08 AGENDA Heading Resolution Item 11 No. See attached letter of request and resolution. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2008-10, SUPPORTING THE PROPOSED FLORIDA SENATE ACTION TO THE UNITED STATES HOUSE OF REPRESENTATIVES CONFIRMING AND ACCEPTING THE DECISION OF THE U.S. AIR FORCE TO AWARD THE TANKER CONTRACT TO NORTHROP GRUMMAN CORPORATION AND EADS NORTH AMERICA DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the approval of Resolution No. 2008-10, supporting the proposed Florida Senate action. to the United States House of Representatives confirming and accepting the decision of the United States Air Force to award the tanker contract to Northrop Grumman Corporation and Eads North America as requested by the Melbourne City Council. Summary Explanation & Background: See attached letter of request and resolution. Please advise. Exhibits Attached: Resolution No. 2008-10; City of Melbourne's letter City Managejr!ffice Department LEGISLATIVE ca - m\myd ume admin\council\meeting\2008\05-06-08\2008-10.doc RESOLUTION NO. 2008-10 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE PROPOSED FLORIDA SENATE ACTION TO THE UNITED STATES HOUSE OF REPRESENTATIVES CONFIRMING AND ACCEPTING THE DECISION OF THE UNITED STATES AIR FORCE TO AWARD THE TANKER CONTRACT TO NORTHROP GRUMMAN CORPORATION AND EADS NORTH AMERICA; DIRECTING COPIES OF THIS RESOLUTION BE SENT TO U.S. CONGRESS MEMBERS TOM FEENEY AND DVE WELDON, FLORIDA STATE SENATORS BILL POSEY AND MIKE HARIDOPOLOS, ALL MAYORS IN BREVARD COUNTY, AND THE SPACE COAST LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the award of the 35 billion dollar jet tanker contract to a group led by Northrop Grumman Corporation and EADS North America will have a profound impact on the economy of our nation, the State of Florida, and all of Brevard County, including the City of Cape Canaveral; and WHEREAS, engineering and program management for the production of these vital military aircraft will be in Melbourne, crating more than 1,500 direct and indirect new jobs in our State; and WHEREAS, efforts to overturn the decision of the United States Air Force, after an extensive evaluation process that was transparent and fair, are irresponsible and a true threat to our national security; and WHEREAS, decisions concerning National Security and defense must be based on what is best for our military and our service personnel and it is imperative that elected officials support the decision makers that have been entrusted with these important decisions; and WHEREAS, in the City's view, the process has worked as Congress intended. The best plane was selected at less cost to taxpayers and the final decision of our military experts should be fully acknowledged and accepted; and WHEREAS, Florida workers stand ready, able and eager to begin construction of the aircraft that the United States Air Force ranked as superior; and WHEREAS, on May 6, 2008, the City Council of the City of Cape Canaveral considered this Resolution and approved the same in public meeting. City of Cape Canaveral, Florida Resolution No. 2008-10 Page 2 of 2 BE IT RESOLVED BY THE CITY OF CAPE CANAVERAL, FLORIDA, CITY COUNCIL: SECTION 1. That the City Council hereby approves this Resolution. SECTION 2. That the City Council hereby supports the proposed Florida Senate action to the United States House of Representatives confirming and accepting the decision of the United States Air Force to award the tanker contract to Northrop Grumman Corporation and EADS North America. SECTION 3. That the City Council hereby authorizes and directs the Mayor to send copies of this Resolution to U.S. Congress Members Tom Feeney and Dave Weldon and Florida State Senators Bill Posey and Mike Haridopolos. SECTION 4. That the City Council authorizes and directs the Mayor to send copies of this Resolution to all Mayors in Brevard County and the Space Coast League of Cities with a request for their support and similar action. SECTION 5. That this Resolution shall be come effective immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, City Council on this 6th day of May, ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\2008\2008-10_Northrop Grumman.doc City,.of _Melbourne 900 E. Strawbridge Avenue Melbourne, Fl 32901 'r (321) 727-2900 4, April 10, 2008 The Honorable Rocky Randels, Mayor City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 -.-- Fax (321) 953-6207 cityclerk@melboumeflorida.org Subject: City of Melbourne Resolution No. 2093 supporting the proposed Florida Senate action to the United States House of Representatives confirming and acce ting the decision of the United States Air Force to award the tanker contrprt to Northrop Grumman Corporation and EADS North America Dear The Melbodme City Council, at its April 8, 2008 meeting, approved the referenced resolution. The tanker contract will have an incredible economic impact on all of Brevard County, including Melbourne. Engineering and program management for the production of the aircraft will lead to the creation of more than 1,500 direct and indirect new jobs in the state. The City Council believes that the process worked as Congress intended. The best plane was selected at less cost to taxpayers and the final decision of our military experts should be fully acknowledged and accepted. The Melbourne City Council respectfully asks that you lend your support and consider adoption of a similar resolution in Cape Canaveral. Sincerely, Harry C7e, Jr. Mayor HCG:cb Attachment An Equal Opportunity Employer • Internet: www.melbourneflorida.org • E -Mail: cityhall@melbourneflorida.org RESOLUTION NO. 2093 A RESOLUTION OF THE CITY OF MELBOURNE, BREVARD COUNTY, FLORIDA, SUPPORTING THE PROPOSED FLORIDA SENATE ACTION TO THE UNITED STATES HOUSE OF REPRESENTATIVES CONFIRMING AND ACCEPTING THE DECISION OF THE UNITED STATES AIR FORCE TO AWARD THE TANKER CONTRACT TO NORTHROP GRUMMAN CORPORATION AND EADS NORTH AMERICA; DIRECTING COPIES OF THIS RESOLUTION BE SENT TO U. S. CONGRESS MEMBERS TOM FEENEY AND DAVE WELDON, FLORIDA STATE SENATORS BILL POSEY AND MIKE HARIDOPOLOS, ALL MAYORS IN BREVARD COUNTY, AND THE SPACE COAST LEAGUE OF CITIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the award of the 35 billion dollar jet tanker contract to a group led by Northrop Grumman Corporation and EADS North America will have a profound impact on the economy of our nation, the State of Florida, and all of Brevard County, including the City of Melbourne; and WHEREAS, engineering and program management for the production of these vital military aircraft will be in Melbourne, creating more than 1,500 direct and indirect new jobs in our state; and WHEREAS, efforts to overturn the decision of the United States Air Force, after an extensive evaluation process that was transparent and fair, are irresponsible and a true threat to our national security; and WHEREAS, decisions concerning national security and defense must be based on what is best for our military and our service personnel and it is imperative that elected officials support the decision makers that have been entrusted with these important decisions; and WHEREAS, in the City's view, the process has worked as Congress intended. The best plane was selected at less cost to taxpayers and the final decision of our military experts should be fully acknowledged and accepted; and WHEREAS, Florida workers stand ready, able and eager to begin construction of the aircraft that the United States Air Force ranked as superior; and WHEREAS, on April 8, 2008, the City Council of the City of Melbourne considered this Page 1 of 2 resolution and approved the same in public session. BE IT RESOLVED BY THE CITY OF MELBOURNE, FLORIDA: SECTION 1. That the City Council hereby approves this resolution. SECTION 2. That the City Council hereby supports the proposed Florida Senate action to the United States House of Representatives confirming and accepting the decision of the United States Air Force to award the tanker contract to Northrop Grumman Corporation and EADS North America. SECTION 3. That the City Council hereby authorizes and directs the Mayor to send copies of this resolution to U. S. Congress Members Tom Feeney and Dave Weldon and Florida State Senators Bill Posey and Mike Haridopolos. SECTION 4. That the City Council authorizes and directs the Mayor to send copies of this resolution to all Mayors in Brevard County and the Space Coast League of Cities with a request for their support and similar action. SECTION 5. That this resolution shall become effective immediately upon its adoption in accordance with the Charter of the City of Melbourne. SECTION 6. That this resolution was duly adopted at a regular meeting of the City Council on the 8th day of April, 2008. ATTEST: Cathleen A. Wysor, City C Resolution No. 2093 Page 2 of 2 BY: Harry C. oode, Jr., Mayor