Loading...
HomeMy WebLinkAboutPacket 12-04-2007 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Cape Caribe II Project Concept Sheldon Cove Plaza Project Concept ty of Cape Canaveral :IL REGULAR MEETING Y HALL ANNEX ie, Cape Canaveral, Florida TUESDAY -ember 4, 2007 7:00 PM AGENDA REPORTS: City Council Members 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. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 20, 2007. 2. Approval of Employee Christmas Bonus. 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 December 4, 2007 Page 2 of 3 3. Resolution No. 2007-38; Reappointing Members to the Construction Board of Adjustment and Appeals. CONSIDERATIONS: 4. Motion to Approve: An Appointment of a Voting Delegate and an Alternate to the Space Coast League of Cities. 5. Motion to Approve: A Life Trail for Manatee Park. 6. Motion to Approve: Mermaid Key Site Plan Compliance Period Extension Request. ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 07-2007, Amending Chapter 110, Creating an Appellate Review Procedure from Final Decisions of the Board of Adjustment or Community Appearance Board, at Second Reading. 8. Motion to Adopt: Ordinance No. 09-2007, Repealing City Code Section 110-376, related to Preservation of Trees, at Second Reading. ORDINANCES: First Public Hearing: 9. Motion to Approve: Ordinance No. 11-2007; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09/30/07, at First Reading. DISCUSSION: 10. Motion to Approve: Purchase of a Beach Cleaning Machine. REPORTS: City Manager 2. Staff PK!ty of Cape Canaveral, Florida City Council Regular Meeting December 4, 2007 Page 3 of 3 ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Cleric's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date: 12-04-07 AGENDA Heading Presentation [tem Exhibits will be presented at the meeting. No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: CAPE CARIBE II PROJECT CONCEPT DEPT/DIVISION: LEGISLATURE Requested Action: City Council review and comment on the Cape Caribe II Project Concept as presented by John Grandlich., Cape Caribe Resort. Summary Explanation & Background: Exhibits will be presented at the meeting. Please advise. Exhibits Attached: N/A City Manager's Office Department LEGISLATURE kim\my o e s\admin\council\meeting\2007\12-04-07\caribe.doc Meeting Type: Regular Meeting Date: 12-04-07 AGENDA Heading Presentation Item See attached correspondence. No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION: SHELDON COVE PLAZA PROJECT CONCEPT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the Sheldon Cove Plaza Project Concept as presented by Bill Mays., General Partner, Sheldon Cove, LLLP. Summary Explanation & Background: See attached correspondence. Please advise. Exhibits Attached: Sheldon Cove correspondence City Manager'ce Department LEGISLATIVE im\mydo u in\counci1\meeting\2007\12-04-07\sheldoncove.doc November 26, 2007 To: Bennett Boucher, City Manager, City of Cape Canaveral From: Bill Mays, General Partner, Sheldon Cove, LLLP Re: Presentation regarding Sheldon Cove Plaza December 4, 2007 City Council Meeting Thank you for the opportunity to share with the members of the City Council a new project we at Sheldon Cove are very interested in pursuing. In June 2006, the Institute for Social and Behavioral Sciences at the University of Central Florida presented the findings of a survey conducted in the City of Cape Canaveral in which the residents were asked what would improve their "quality of life". The strongest support was for areas in which residents of Cape Canaveral could shop in neighborhood oriented retail, dine in family friendly restaurants and utilize the services of legal, medical and business professionals without the leaving the City. Currently in the City of Cape Canaveral there is limited Class A commercial property available. Sheldon Cove has 30,000+ square feet of Class A commercial property at full occupancy and it has been for 10 years. On a regular basis, Sheldon Cove receives inquiries from businesses looking for office space in order to expand their operations without having to leave Cape Canaveral. Sheldon Cove would like to build on its' existing property to meet the needs of the City's businesses and residents. Sheldon Cove LLLP is currently reviewing the feasibility of a project that would provide the venue for each of the needs mentioned above - Sheldon Cove Plaza. Sheldon Cove Plaza will be located at the North east corner of the intersection of Astronaut and Central. Sheldon Cove Plaza would encompass 200,000 square feet of Class A office and upscale retail space for a project cost of approximately $30 million. The focus of Sheldon Cove Plaza would be to provide a place for residents to shop and dine and to provide a place for legal, medical and business professionals to conduct their business all within the City. The owners of Sheldon Cove have a proven track record of developing and maintaining Class A commercial property. Call One, Inc, also founded, owned and operated by the Mays family and located in Cape Canaveral is celebrating its 20th year of successful business. With four generations living and working in Brevard County, the owners of Sheldon Cove LLLP have a true commitment and vested interest in the continue prosperity of Cape Canaveral. In order to fulfill and meet the needs of the citizens of Cape Canaveral, what they have said they want for their area, Sheldon Cove Plaza requires a single exception to the current height restrictions on commercial buildings. In order to meet current building codes and the needs of the tenants, the proposed structure is five stories with a building height of sixty five feet. The current restrictions do not allow construction of structures over forty five feet. The location of the Plaza would not create any dramatic change of view for residents nor directly affect any residential neighborhood because it is completely surrounded by c m cial property. ill ys Sheldon Cove r .r 1 Page 1 of 2 Bill Mays From: Robert Salonen [rsalonen@SpaceCoastEDC.org] Sent: Tuesday, November 06, 2007 4:36 PM To: dps@calloneonline.com Cc: arthber@aol.com; wrm@calloneonline.com; Neil Hamilton; Brandi Kemper Subject: Sheldon Cove General Assistance Hi Donna, I am following up on your request to give you an idea on how the county might be affected economically if your Cape Canaveral development project attracted the types and numbers of employees as provided by you below. Please know we typically do not provide an analysis on construction/development projects as there are many factors involved - an economic development consulting firm may be able to provide a full picture taking into account environmental cost impacts, construction spending impacts, capital investment, etc. However, we can give you a rough baseline as to how the job numbers and salaries may impact the county. The analysis below is based wholly on information supplied by Call One, Inc. — October 2007. Stated direct employment, average annual wages and employment distribution solely the responsibility of Call One, Inc. Calculations furnished by EDC Research Office; RIMS II multipliers supplied by U.S. Department of Commerce, Bureau of Economic Analysis. Analysis refers only to established operations excluding those impacts associated with construction and other factors. Please let me know if you have any questions as you proceed with your planning process. Best Regards, •.. Economic Impact Summary for Brevard County: New Jobs Created: 1,272 Average Annual Payroll: $72,303 Net New Wage Impact: $ 91,970,000 (Direct) $ 65,020,731 (Indirect) $156,990,731 (Total) Net New Job Impact: 1,272 new jobs (Direct) 1,607 additional jobs (Indirect) 2,879 new jobs (Total) Job Categories, wages and numbers provided by Call One, Inc.: Aerospace 11/8/2007 Page 2 of 2 New Jobs Created: 397 Average Annual Wage $70,000 Architecture / Engineering New Jobs Created: 397 Average Annual Wage $70,000 Medical Offices New Jobs Created: 140 Average Annual Wage $82,500 Legal Services New Jobs Created: 140 Average Annual Wage $82,500 Accounting New Jobs Created: 140 Average Annual Wage $82,500 Retail New Jobs Created: 58 Average Annual Wage $30,000 Robert E. Salonen Director of Business Recruitment Economic Development Commission of Florida's Space Coast Phone: 321-638-2000 www. SpaceCoastE DC,org CONFIDENTIALITY NOTICE: This E -Mail, including attachments, is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and/or exempt from disclosure under state or federal law. Any unauthorized review, use, disclosure, or distribution is prohibited. If you have received this communication in error, please do not distribute it. Please notify the sender by E -Mail at the address shown and delete the original message. Thank you. Internal Virus Database is out-of-date. Checked by AVG Free Edition. Version: 7.5.488 / Virus Database: 269.15.5/1085 - Release Date: 10/22/2007 10:35 AM 11/8/2007 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY November 20, 2007 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk Building Official OATH OF OFFICE: Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Todd Morley The City Attorney administered the Oath of Office for City Council Members Shannon Roberts and Buzz Petsos. REPORTS: City Council Members Council Member Roberts Ms. Roberts referred to the article in Florida Today that reported on the soot coming from the ships in the Canaveral Port Authority area. She stated that an assessment should be done of the soot's impact to the community. Ms. Roberts stated that at this time the City does not have a method to measure its air quality and may want to introduce a consistent air quality measure, particularly in the Port City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 2 of 14 area. If action were needed, then the City could work cooperatively with the Port to address it. Ms. Roberts stated that the Council had it brought to its attention the need for a study. The report from the University of Delaware and the Rochester Institute of Technology highlighted the problem that ports around the country may experience. Mayor Randels concluded that the City Manager could seek assistance from the City of Cocoa Beach and the Florida Department of Environmental Protection. Mr. Petsos asked the City Manager for an accurate web site address to gain information related to air quality. Mr. Boucher explained how to obtain data was from the Florida Department of Environmental Protection. • Ms. Roberts inquired about the inoperable City sign lights. The repair was performed. • Ms. Roberts requested focusing on making Cape Canaveral a "Green" City as well as a "Tree" City. Mayor Randels replied that the City received a letter on August 29h affirming that it was still a Tree City member however no further action had occurred. Ms. Roberts requested some strategic action to follow that declaration. • Ms. Roberts questioned the anticipated stop sign on Shorewood Drive. Mr. Boucher distributed aerial photographs of the area. He related from the County that in order to obtain a three-way stop at Shorewood Drive and North Atlantic Avenue, the City would need to eliminate the right turn lane. He pointed out the ingress and egress for the three communities in the areas of Shorewood, Villages of Seaport and Mystic Seaport. Mr. Boucher explained the impact of eliminating the right turn lane. He desired to obtain a concept plan and inform the residents of any anticipated plan prior to taking action. • Ms. Roberts questioned the status of the left turn lane at North Atlantic Avenue and Central Blvd. Mr. Boucher replied that he received a temporary construction easement and was awaiting an easement from a property owner. • Ms. Roberts inquired about grant funding for benches and bus shelters on State Road AIA. Mr. Boucher replied that the City was on the grant -funding list; however, a response may take up to one year. Council Member Nicholas • Mr. Nicholas inquired about a sick leave pool in order to assist an employee who was in need of additional time. He requested that staff to research the possibility of advancing or borrowing accrued sick leave time for an employee's use. • Mr. Nicholas related that he received a call from Mr. Kohn Bennett who wanted to discuss the Cape Caribe project. Mr. Nicholas stated his request for Cape Caribe representatives to not approach the Council individually and requested a Workshop for this subject in order for the Council to hear from Cape Caribe as a whole. Mr. Petsos went on record stating that he met with Cape Caribe and suggested a Workshop and he also encouraged citizen participation. Ms. Roberts also disclosed that she too met with Cape Caribe and suggested a Workshop Meeting as well as a Development Agreement. Mr. Nicholas expressed his concern with a Development Agreement being reached without the Council's consensus. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 3 of 14 Mr. Boucher related Cape Caribe's intent to meet with the Council at their December 4t' meeting. Mr. Boucher related that another firm would also like to meet with Council to present a professional retail center. He stated that the projects would also be placed on the Planning and Zoning Board Agenda. Mayor Pro Tem Hoog disclosed that he met with Cape Caribe and he suggested that they bring their presentation to a public meeting. Ms. Roberts asked for clarification on Mr. Nicholas's position. Mr. Nicholas clarified his preference to meet with developers in an open public meeting. Ms. Robert then asked if the Council should meet individually or collectively. Mayor Pro Tem Hoog stated that Council Members had the option to meet in either way. Mr. Petsos expressed the need for developers to also meet with their neighboring community. Mayor Randels referred to how this was done with the Mermaid Key project. Mayor Randels suggested a Public Meeting in the Cape Canaveral Library Meeting Room. Mayor Randels polled the audience and concluded that a meeting with the public at 7 P.M. was acceptable. • Mr. Nicholas expressed his chagrin that the Business and Cultural Development Board chose to discuss a name change for the City. Ms. Dianne Marcum, Business and Cultural Development Board Member, explained that the item was discussed; however after discussion, by general consensus no action was taken. • Mr. Nicholas requested to soon have an Agenda item related to the Oral History project. Council Member Petsos • Mr. Petsos expressed his concern with contacting residents in the north end of the City related to installing a four-way stop sign on North Atlantic Avenue. He requested to pursue this with some action. • Mr. Petsos also expressed the need for bus shelters in the City. Mr. Nicholas suggested purchasing the property to accommodate the bus shelters. • Mr. Petsos requested a prioritized list of the Master Schedule of Projects. He expressed his desire to accomplish two to three of the Council's prioritized projects. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog asked if there were any action on the shrinkage and cracking in the City's streets. Walter Bandish, Public Works Director, replied that testing was done and submitted to the City Manager. Mr. Boucher replied that results of the test boring were available. Mr. Petsos stated the need to have someone investigative this issue before potholes occurred to the newly paved streets. Mr. Bandish stated that he could have an independent party investigate the streets. Ms. Roberts mentioned that tar was deposited on some residents' driveways. Mr. Bandish responded that pressure washing had occurred after the project. Mayor Randels suggested that Ms. Robert's supply Mr. Bandish with the addresses in need of pressure washing. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 4 of 14 Mayor Randels • Mayor Randels announced that the Florida League of Cities chose City Attorney Anthony Garganese as City Attorney of the Year. • Mayor Randels informed that Cape Canaveral participates in the Communities for a Lifetime Program. Cape Canaveral was one of the first in the State to participate and Brevard County was the first to have participation from all of its municipalities. • Mayor Randels informed that Cape Canaveral purchased from the TRIAD for Brevard Seniors project lifesaver bracelets, which were still available. • Mayor Randels related on how the Florida League of Cities strives to educate our State residents of the economic fallout anticipated from the proposed property tax issue. • Mayor Randels reported that in light of an average 6.2 percent national increase in health insurance; the City's employee health benefits were kept within budget this year. • Mayor Randels informed that Voter's Guides were available at the City Clerk's office and how the Guides proved informative on provisional ballot information. AUDIENCE TO BE HEARD: Ms. Joyce Hamilton, of 110 Jefferson Avenue, presented a formal thank you letter to the City Council and Staff for their work. She referred to November as a month to give thanks and recognized our country's Veterans. In conclusion, Ms. Hamilton acknowledged the City Attorney's recent Award from the Florida League of Cities. Mr. Ray Osborne addressed the Council related to a German delegations' visit coming to Huntsville, Alabama on January 31st for the Anniversary of Explorer I. He asked if there were any interest from the Council to discuss the City's participation in the Huntsville visit. He recognized that Peenemuende was a dark point in history; however, by involving this city those who died there would be honored. Ms. Roberts stated that the City might want to seek out Huntsville's plans. She informed that the Cape Canaveral Air Force Station had celebratory plans and if the Council agreed to participate, the City would want to contact Emily Perry or Jim Bankey who were working on this project. Ms. Roberts was not seeking a Sister City relationship but to participate in hosting the delegation. Mr. Osborne then inquired if the City would accept the delegation visit if it were sponsored by another enterprise. Mayor Randels replied that there was still the perception of expending public funds on the visit. Mr. Nicholas stated that he did not see this as an honorable association given the origin of Peenemuende. Mr. Petsos expressed that he did not see the benefit to the community. Mayor Pro Tem Hoog responded to Mr. Nicholas on the need to release negativity of the past. However, he reminded that the City has four Sister City relationships with little benefit. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 5 of 14 Mr. Osborne stated that this would provide new contacts and he expressed the need to preserve the City's intangible assets such as the branding of the City's internationally known name. Ms. Roberts stated that there was a connection between the cities given the space industry in the community and the unique role that Marshall Space Flight Center and Kennedy Space Center played with both the design and the actual launch in the early space program. Ms. Roberts stated that Mr. Osborne was not seeking a Sister City relationship but to participate in the delegations' visit. Mr. Boucher stated that there were associated costs, for example lodging, with the visit. Mr. Osborne reminded that corporate sponsorships could be sought and he had already approached IAP Worldwide Services. Mr. Osborne stated that he could develop a plan and present it to a corporate sponsor with the City providing a meal and he would also seek corporate sponsorship for their air travel. Ms. Roberts mentioned participation from Delaware North park services that manages the Visitor's Center. Mayor Randels replied that, to date, Delaware North had not given a response to assist. Mr. Osborne concluded that the Mayor of Peenemuende desired to hear from the Mayor of Cape Canaveral. Ms. Dianne Marcum informed that the Business and Cultural Development Board had discussed this and found there were stringent criteria to participate as a Sister City. Ms. Marcum stated that any action on the City's part might be perceived as a step toward a Sister City relationship. Mayor Randels requested that the City Manager seek further information from the City of Huntsville regarding their relationship with Peenemuende. Ms. Roberts pointed out the historical relationship with Peenemuende, stating how space flight design was occurring in Peenemuende at the same time the space industry occurred in Cape Canaveral. Mr. Joe Lourcey, Portable on Demand Storage [PODS], Manager, requested reconsideration of the City's current Ordinance on PODS. Mr. Lourcey provided statistics on PODS deliveries, which has remained consistent since 2003. Mr. Lourcey concluded that he was seeking a 7 -day grace period that would allow for delivery prior to obtaining a permit. Todd Morley, Building Official, stated that fees were set based on valuation. Mr. Morley suggested using a deposit. Mayor Randels concluded that the City Manager made note of Mr. Lourcey's request. Mr. Petsos stated the need to focus on the time factor related to PODS remaining on the premises in that Mr. Lourcey's company was not the only vendor for PODS. RESOLUTION: Motion to Approve Resolution No. 2007-37; Electing a Mayor Pro Tem. Mayor Randels read Resolution No. 2007-37 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE CANAVERAL; PRaVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 6 of 14 Mayor Randels nominated Mayor Pro Tem Hoog for another year as Mayor Pro Tem of the Council. Ms. Roberts asked if the Council would accept another nomination. Ms. Roberts nominated Buzz Petsos. Mr. Petsos declined however and supported the original motion. The second nomination died for lack of a second. A motion was made by Mayor Randels and seconded by Mr. Nicholas to Approve Resolution No. 2007-37 Electing Bob Hoog as Mayor Pro Tem for the 2007/ 2008 year. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For, Mayor Randels, For and Ms. Roberts, For. CONSENT AGENDA: 2. City Council Regular Meeting Minutes of October 16, 2007. 3. City Council Special Meeting Minutes of November 8, 2007 — Certifying the November 6th, General Election Results. 4. Resolution No. 2007-36; Appointing a Regular Member to the Beautification Board — Bradley Varuska. 5. Outdoor Entertainment Permit for the 12th Annual Reindeer 5K Run/Walk for United Way of Brevard County. 6. Outdoor Entertainment Permit for the American Legion's Picnic. 7. Proposal to Construct Sidewalks on Buchanan Avenue in the Amount of $45,309. Mayor Randels asked if any Council member, staff, or interested parties desired to remove the Consent Agenda item for discussion. Ms. Roberts and Mr. Petsos requested to remove Item No. 7. A motion was made by Mr. Nicholas and seconded by Mayor Pro Hoog to Approve Consent Agenda Items No. 2 through 6.The vote on the motion carried with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For, Mayor Randels, For and Ms. Roberts, For. 7. Proposal to Construct Sidewalks on Buchanan Avenue in the Amount of $45,309. Mayor Randels explained that this project was for the north side of Buchanan Avenue. Mr. Bandish informed that this project was inclusive from State Road AlA to the beach. Mr. Petsos stated that in the past, the Contractor presented linear footage. Mr. Bandish requested to remove the item from the Agenda for further review. Ms. Roberts asked City of Cape Canaveral, Florida City Council Regular Meeting November 20, 2007 Page 7 of 14 how Buchanan Avenue fit into the Master Plan. Ms. Roberts also requested to see the Master Plan for orientation purposes and a street installation schedule as a project status reminder. Mr. Bandish informed that the Prime Path was designed to accommodate the citizens and students walking to the Library and Cape View Elementary School and the Library. Ms. Roberts related that recent community input requested bikeways and broadened sidewalks. Mr. Bandish replied to Mr. Tom Garboski that sidewalks were in the right-of-ways not on private property. Mayor Pro Tem Hoog pointed out that the City sought to install sidewalks and assess developers after their construction. Mr. Boucher explained how previous discussion concluded that the City would wait under property development due to the lengthy procedures related to assessment. Mayor Randels stated that staff would provide further clarification on the sidewalk installation and assessment discussion. Mr. Petsos requested to review the Ordinance related to sidewalks installation and assessing the developer. Mayor Pro Tem Hoog restated that his question referred to the fact that an Ordinance was passed to install sidewalks and assess the developer and he desire to know if assessments were being performed. Mayor Randels concluded that Mr. Bandish would return with a map and status of the Prime Path Plan. CONSIDERATIONS: 8. Motion to Approve: Proposal for a Marketing & Promotional Video in the Amount of $10,000. Mr. Jay Van Dyke, Communication Concepts Inc., informed that the firm would present three creative concepts for the City's consideration. He stated that they would develop a less than five-minute video based on those concepts. He also noted that a video file would also be available for streaming on the City's web site. Mr. Van Dyke stated that seven to nine weeks was the anticipated time for development, which was stated in the Contract as well as the Proposal. Ms. Dianne Marcum asked if the Council desired for the Business and Cultural Development Board to review the video prior to their review. Ms. Roberts requested that the Board, as well as staff, partner with the firm for the video development. Ms. Roberts asked if there would be an outline of the three concepts. Mr. Van Dyke replied that the firm would create three concepts and then seek approval of one concept. Mr. Boucher concluded that the Business and Cultural Development Board previously partnered with the firm on the video development and he recommended that they do the same with this project. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve a Proposal for a Marketing & Promotional Video in the Amount of $10,000. The vote on the motion carried 5-0 with voting as follows: 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 November 20. 200 Page 8 of 14 9. Motion to Approve: Cooperative Purchase of an Emergency Generator for Sewage Lift Station No. 1, in the Amount of $59,370. Mr. Bandish explained this as a stand-by generator for Lift Station 1. This generator was essential to a major City sewage line on Washington Avenue. Mr. Bandish stated that the specifications provided for a standard 125 -kilowatt generator; however, additional parts, such as batteries were an added cost. Mr. Bandish responded to Mr. Tom Garboski's question on the type of generator that the generator used diesel and was double -walled and self-contained with an automatic shut-off. Mr. Garboski asked how long the diesel tank would last in an emergency Mr. Bandish informed that he chose a 500 -gallon tank with a 73 -hour run time. Mr. Leon Maged inquired about its durability due the environment on the coast. Mr. Bandish replied that the generator was all cast aluminum and salt durable. Mr. Nicholas pointed out the related aesthetics and asked if landscaping was considered for screening purposes. Mr. Bandish replied that the tank would be painted. Mr. Boucher added that staff would look into screening. Mayor Pro Tem Hoog inquired about burying the tank. Mr. Bandish replied that the 500 -gallon tank was built into the generator's base. Mayor Randels replied to a question from the audience that the generator was 5 -feet high and 8 - feet long. Mayor Pro Tem Hoog inquired about maintenance. Mayor Randels read that the generator had a two-year, unconditional warranty. Mr. Bandish informed that the two generators at the plant location were independently serviced on a monthly basis. Mr. Bandish replied to Mayor Randels that the generator could be set up to run at an established time of once per day, week, or month. Ms. Roberts clarified that this was one of four planned purchases. She asked if the other three purchases were anticipated in the next five years. Mr. Bandish affirmed. He explained that this generator was the largest of the four in order to support one of the City's largest Lift Stations. Mayor Pro Tem Hoog inquired about the "normal business hours" clause related to normal repairs, parts, and labor. Mr. Bandish replied that he would identify what was considered normal business hours. Mr. Bandish affirmed for Mr. Petsos that the generator was pad -mounted and the pad was already in place. Mr. Morley requested that the Council waive the associated Building Permit fees. An amendment was made by Ms. Roberts and seconded by Mr. Nicholas to Waive the Associated Building Permit Fees. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For, Mayor Randels, For and Ms. Roberts, For. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve a Cooperative Purchase of an Emergency Generator for Sewage Lift Station No. 1 in the Amount of $59,370 with an Installation Cost of $4,750 as Amended. The vote on the motion carried 5-0 with voting as follows: 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 November 20, 2007 Page 9 of 14 ORDINANCES: First Public Hearing: 10. Motion to Approve: Ordinance No. 07-2007, Amending Chapter 110, Creating an Appellate Review Procedure from Final Decisions of the Board of Adjustment or Community Appearance Board, at First Reading. Mayor Randels read Ordinance No. 07-2007 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CODE OF ORDINANCES CREATING AN APPELLATE REVIEW PROCEDURE FROM FINAL DECISIONS OF THE BOARD OF ADJUSTMENT OR COMMUNITY APPEARANCE BOARD TO THE CITY COUNCIL; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING, CHAPTER 22, COMMUNITY DEVELOPMENT AND CHAPTER 98, SUBDIVISIONS; CLARIFYING THAT APPLICANTS ARE RESPONSIBLE TO PAY THE COST OF NOTICES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels informed that the Planning and Zoning Board recommended against amending Chapter 110 by this Ordinance. Mayor Randels read the Planning and Zoning Board Minutes of October 10, 2007 specifying the reason for the Board's unanimous vote against the amendment. Mayor Randels briefly explained that the Council would hear any appeal from the Board of Adjustment or Community Appearance Board prior to proceeding to Appellate Court. Ms. Roberts recommended proceeding with the Ordinance. She stated that this Ordinance would provide the aggrieved party with another step within the City. Ms. Roberts stated that as Elected Officials, the Council has the responsibility to hear an aggrieved party prior to an appeal proceeding to the Appellate Court process. Ms. Roberts inquired about the statement that the Board made that "no City in the County allowed for their Council's participation in the Appeals process." Attorney Garganese explained that since 1973 municipalities had the power to adopt their own procedures. In the City of Melbourne, the City Council approves Conditional Uses, otherwise known as Special Exceptions. He also recounted the Council's authority in zoning issues in Vero Beach, Altamonte Springs, and Winter Springs. He stated that the Council could establish its own procedures under the Municipal Powers Act. Ms. Roberts stated that the Ordinance preserves the Board of Adjustment and provides the community with another step in the Appeals process. Mr. Petsos stated that the Council was not removing the Board's authority, but allowing for another step in the process that could possibly avoid unnecessary legal action and Court costs. Mayor Randels stated that at some point, the Board of Adjustment should be the recommending body and he was hesitant about limiting the Board's decision-making capacity. Ms. Roberts clarified that the Council would serve as another City -based entity of review while maintaining the traditional roles and responsibilities of the Boards. Mayor Randels read from the Ordinance on how it would remove the Board's final decision-making authority on Variances, Special Exceptions, Administrative Appeals, as well as flood plain City of Cape Canaveral. Florida City Council Regular Meeting November 20. 2007 Page 10 of 14 administration, nonconformities, concurrency, zoning district boundaries, wireless telecommunication towers, stormwater management, and signs. Attorney Garganese made note that only the Board of Adjustment's procedures would change with this Ordinance. He explained that a. � Appeal would need to occur in order for the Council to enter the review process. Mr. Nicholas stated his view on how if an Appeal was made, and the Council entered the Appellate process, then politics also enters the process. Mr. Petsos replied that the Council would desire to maintain their discussion within the law and with the City Attorney's assistance. Ms. Roberts stated that collectively the Council represents all residents in the City. Mr. Nicholas then suggested a referendum for each issue. Mr. Petsos stated that he would prefer to bear the brunt of any hostility and not the volunteer Board members. Mayor Pro Tem Hoog stated that politics would not enter the issue as long as the Council upholds the Ordinance. Mayor Pro Tem Hoog supported the Board's role in recommendation; however, the Council should bear any hostility. He stated that if the Board's decision was within the City's zoning laws then the Council's decision would be the same as the Boards. Mayor Pro Tem Hoog stated his support of the Ordinance. Ms. Roberts reminded that this Ordinance provides the aggrieved party with an avenue to be heard versus proceeding to Appellate Court. Mr. Werner Grewe acknowledged that while Council's discussion of the Ordinance called for preservation of duties, in the case of Coastal Fuels the Board of Adjustment behaved in an unfair and uncalled for manner. Mr. Grewe stated that in the Council meetings residents were heard and issues fairly discussed; however, not so with the Board of Adjustment. He stated that a change could be made at this time with the Board remaining in existence; however, as a recommending body. Mr. Grewe stated that the Board Chair told him that he had no legal background and denied him the right to speak related to the tank expansion at the Appeal hearing. Mr. Grewe stated how the Board trivialized and dismissed his concerns. Mr. Grewe related how the Attorney Rick Torpey, distorted the history of the Coastal Fuels tank farm development. Mr. Grewe referred to a letter dated in June and expressed that the Coastal Fuels tanks were a non -conforming operation. Mr. Grewe stated that two applications were presented: 1) by Craig Smith, a tank farm, build -out, and 2) Mr. Torpey brought out a new application that was in "abeyance." Mayor Randels interjected by saying that the Council could not re -try the case at this point. Mr. Grewe then stated that the Council would be more tolerant and more inquisitive of the details on an issue. Mayor Pro Tem Hoog stated that at that given time the Council did not have the authority to enter the Appeals process and the guidelines of the Ordinance were used during the Appeals process. Mayor Pro Tem Hoog stated that Coastal Fuels had the right to apply for expansion. City of Cape Canaveral. Florida City Council Regular Meeting November 20. 2007 Page 11 of 14 Ms. Roberts clarified, based on Mr. Grewe concerns, that the Board of Adjustment was not as inquisitive in an Appeals situation as the City Council might have been. Ms. Roberts stated that the Appeals process was not participatory and the public was not heard during the Appeal hearing. Mayor Pro Tem Hoog replied that an Appeals hearing occurred strictly beiVvee� i the two parties and was subject to law. Attorney Garganese reminded the Council that the issue was under Appeal at this time with the Circuit Court and he recommended that the Council refrain from detailed discussion. Mr. Grewe pointed out that the Planning and Zoning Board had reviewed many facts and Mr. Morley had physically counted tanks; however, the Planning and Zoning Board's decision was discounted. Mayor Randels asked the City Attorney if the Council had been the Appeals Board, would they be able to hear any audience questions. Attorney Garganese explained that the Ordinance would allow the Council to serve in an Appellate capacity under the same rules and process used by the Board. Ms. Roberts stated that Council's traditional role was to hear all parties. Mayor Pro Tem Hoog questioned on who becomes an aggrieved party when Council addresses an issue, the corporation or the residents. Attorney Garganese explained that whoever is contrary to the decision, they would become the aggrieved party. The decision would have to adversely impact that aggrieved party. Mr. John Bond stated that one document would have changed the entire decision. He also opined how residents lost respect for the Board's decision when the Board Chair's opinion was discounted the Fire Chief's expertise. Mr. Gene Duncan stated his largest concern in the way the Chair handled his authority and conducted the meeting. He also stated his unfavorable impression with an outside Attorney representing the Building Official and Law Enforcement's presence at the Appeals meeting in light of a veiled threat. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve Ordinance No. 07-2007. The vote on the motion carried 3-2 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, Against, and Ms. Roberts, For. A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to extend the meeting for Fifteen Minutes. The vote on the motion carried 5-0 with voting as follows: 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 November 20. 2007 Page 12 of 14 11. Motion to Approve: Ordinance No. 09-2007, Repealing City Code Section 110-376, related to Preservation of Trees, at First Reading. Mayor Randels read Ordinance No. 09-2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REMOVING SECTION 10-376 FROM THE CITY CODE CONSISTENT WITH REPEAL PROVISION CONTAINED IN SECTION 4 OF ORDINANCE 05-2005; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY: AND AN EFFECTIVE DATE. Mayor Randels explained that this Ordinance would correct an inconsistency in the City code related to tree preservation and was thereby a housekeeping issue. There was no public comment. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 09-2007. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. 12. Motion to Approve: Ordinance No. 10-2007, Amending Section 110-491, Setting Forth Off -Street Parking Requirements for Resort Dwellings, at First Reading. Mayor Randels read Ordinance No. 10-2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-491 OF THE CITY CODE REGARDING OFFSTREET PARKING REQUIREMENTS; SETTING FORTH OFFSTREET PARKING REQUIREMENTS FOR RESORT DWELLINGS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Petsos stated that he saw no change in the required number of parking_ spaces for Resort Dwellings in the Ordinance. Mr. Morley related that he assisted the Planning and Zoning Board with options. Comparisons between resort dwellings and hotels were made and in conclusion the Ordinance was developed in order not to penalize the resort dwelling or resort condominium applicants. Mr. Morley explained that the existing amount of space was acceptable for the duration of the resort dwelling existence. Ms. Roberts proposed !sing the number of bedrooms or bedroom cnaJe that could be declared at the time of Certificate Application. Mayor Pro Tem Hoog suggested using the Civil Citation Ordinance to address the problem. Mr. Morley stated that parking was not included in occupant load. Ms. Debra Carroll, Cape Canaveral resident, informed that she owned six condominiums. She stated the unfairness of two parking spaces for a one -bedroom apartment. Ms. Carroll also stated that creating additional parking was a penalty when she could not City of Cape Canaveral. Florida City Council Regular Meeting November 20. 2007 Page 13 of 14 create more land. Ms. Carroll specified that any persons using a one -bedroom resort dwelling would generally use one vehicle. She stated that the parking issue was related to a limited few that bought in areas where the owners could not create more space. Ms. Roberts re -stated her proposal of using bedroom space as a standard. Mayor Pro Tem Hoog stated that this would discriminate against resort dwellings over residential. Mr. Morley reported that hotels have one parking space per every unit and are traditionally enforced by the number of keys. Mr. Harry Pearson of the Planning and Zoning Board, stated that the Board discussed parking related to resort "dwellings" only, not resort condominiums. Mr. Pearson informed that a third category emerged of small units with one bedroom and one parking space for that bedroom. Ms. Elise Cunnigan stated that when governments historically passed a law, there were pre-existing conditions. She stated that one could not create more ground and this issue related to only a few. Mr. Boucher referred to the one -bedroom dwellings and clarified that when the use changed from a monthly rental to a resort dwelling, then the parking would also need to conform to the new use standard of two parking spaces per unit. Mr. Morley expressed that this would become a limiting tool as the intent of the Ordinance states in one of the Whereas clauses to restrict the number of resort dwellings. Mr. Boucher stated that the proposed applications that could not meet the parking regulations would be denied. Ms. Carroll concluded that she was being penalized. A motion was made by Mayor Randels and seconded by Mr. Petsos to Table Ordinance No. 10-2007. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For, and Ms. Roberts, For. DISCUSSION: 13. Ocean Woods Homeowners Association, Inc. Request for the City to Assume the Maintenance Responsibilities of Their Storm and Sanitary Sewers. Mayor Randels informed that the Council had a letter from Ocean Wood Homeowners' Association related to the City assuming maintenance responsibility for the Ocean Woods' Storm and Sanitary Sewers. Mayor Pro Tem Hoog stated that if Ocean Woods accepted public funds then they would no longer be a gated community but a public road. Mr. Richard Worley of 8718 Banyan Way, Ocean Woods stated he that received services from other public utilities while remaining a gated community. He stated that he was requesting a service for which they were already paying on sewage and stormwater maintenance. Mayor Pro Tem Hoog re -stated that expending public funds would require that the road become a public road. Mr. Bandish explained how their lateral private sewer line goes from their home to the main sewer line. Mr. Bandish clarified that the City maintains the sewer line from the right-of-way and all City residents receive the same service. Mr. Worley contended that they were being charged for a service for which they were already City of Cape Canaveral. Floriae City Council Regular Meeting November 20. 200 - Page 14 of 14 paying. Mayor Randels clarified that the Solid Waste was a private contract. Mr. Boucher asked the Council if they wanted him to develop a maintenance or repair agreement. There was no response for action. Mr. Leon Maged used the City of Cocoa as an example in that they were responsible for their water line, and sewer was a public utility just like water. Mayor Randels concluded that at this time there was no response from the Council to Mr. Worley's request. REPORTS: City Manager • Mr. Boucher informed that the Recreation Board approved a concept of a signature sign in memory of Nancy Hanson. Robert Lefever, Recreation Director, stated that the signature would be adhered to the main building on its north entrance. Mr. Petsos asked if there would also be block letters to state that this was Nancy Hanson. Mr. Nicholas suggested changing the sign on the marquee on State Road Al A. Mr. Petsos then said that if Mr. Nicholas's suggestion was done, then he was fine with the signature. Mr. Lefever pointed out the legibility factor since they had viewed an 8 -inch by 11 -inch rendition and he reminded that the sign would be constructed of wood. Mr. Lefever stated that the overall size would be 24 -inches by 72 -inches. Mr. Lefever clarified that the Council would like to see the marquee on State Road Al A with Ms. Hanson's name on it in regular font letters. Council agreed. Ms. Roberts requested to have a plaque that quoted Peter Kerakotis' article as a tribute along with a photo in an established location. Mr. Petsos suggested contacting Mr. Kerakotis. Mr. Lefever would relate Council's ideas to the Board. Ms. Roberts clarified that she meant a plaque with an inscription of the article. Mr. Lefever announced that the memorial date was set for January 12, 2008. • Mr. Boucher reported that the sand project was proceeding well. • Mr. Boucher announced that the new police dog, "P.D." a Jack Russell rat terrier trained to locate narcotics was performing well. Staff No staff reports were given. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 11:04 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date 12-04-07 AGENDA Heading Consent Item 2 No. Bonus List AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: APPROVAL OF EMPLOYEE CHRISTMAS BONUS DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider approval of the employee Christmas bonus. Summary Explanation & Background: This is a budgeted item, and I recommend approval. See attached bonus list. Exhibits Attached: Bonus List City Manager' Office / Department LEGISLATIVE —Vle-nt\kim\m uments\admin\council\meeting\2007\12-04-07\bcnus.doc 2007 Christmas Bonus EMP. Hire Fund and Fund # Fund # Fund # Fund # # Name Year 2007 Dept. 001 105 401 403 1003 Boucher, Bennett C 1981 415.00 001-002 290.50 124.50 1013 Bowers, Andrea L 1995 202.50 001-002 141.75 60.75 1005 McIntire, Kim 1993 235.00 001-002 164.50 70.50 1204 Back, Hollie 2007 25.00 001-002 12.50 12.50 1009 Stills, Susan 1994 220.00 001-002 154.00 66.00 1111 Puleo, Cheryl 1993 222.50 001-002 111.25 111.25 1208 Goforth, Mia N 2007 25.00 001-002 17.50 7.50 1182 Kowalski. Albert 2005 55.00 001-004 55.00 1176 Tustin, Kathleen M. 2004 57.50 001-004 57.50 1200 Turner, Dawn 2006 27.50 001-004 27.50 1051 Chapman. Susan L 1989 295.00 001-006 295.00 1163 Alexander. Duree 2003 85.00 001-006 85.00 1152 Morley, Todd 2002 100.00 001-006 100.00 1118 Lombardi, Joy 1998 160.00 001-006 160.00 1174 Clements, John Dennis 2003 70.00 001-006 70.00 1019 Richart, Michael 1992 250.00 001-006 250.00 1103 Castillo, Jose 2005 55.00 001-007 55.00 1106 Daine, Francis 1995 205.00 001-007 205.00 1007 Davis, Timothy J 1996 190.00 001-007 190.00 1195 Delacruz, David 2006 40.00 001-007 40.00 1107 Evans II, Donald W 1990 280.00 001-007 280.00 1189 Geddes, Frederick 2005 55.00 001-007 55.00 1104 McKee, Kay O 1991 265.00 001-007 185.50 79.50 1197 Smith, Robin 2006 40.00 001-007 40.00 1061 Bandish, Walter M 1990 265.00 401-010 39.75 39.75 185.50 1168 Beedie, Davina J. 2003 85.00 401-010 85.00 1199 Bissett, Phillip 2006 25.00 401-010 25.00 1172 Boes, Edward 2003 70.00 401-010 70.00 1102 Clark. June A 1986 340.00 401-010 340.00 1198 Cooper, Steven 2006 25.00 401-010 25.00 1062 Cordero. Carlito 1998 145.00 401-010 145.00 1063 Dasno, Barbara E 1990 265.00 401-010 265.00 1156 Deines, Greg 2002 100.00 401-010 100.00 1056 Fox, Raymond W 1989 295.00 401-010 295.00 1193 Gricco, Anthony 2006 25.00 401-010 25.00 1196 Heath, Jack 2006 25.00 401-010 25.00 1178 Lawson, Edward 2004 55.00 401-010 8.25 8.25 38.50 1065 McCormack, Larry 1991 265.00 401-010 265.00 1011 Prince, Paul E 1989 295.00 401-010 295.00 1179 Skrocki, Rita L. 2005 55.00 401-010 55.00 1068 Taylor, Melton J 1992 250.00 401-010 250.00 1045 Veenstra, Kenneth 1990 280.00 401-010 280.00 1 180 Ratliff, Jeffrey A. 2005 55.00 403-018 13.75 41.25 1207 Alonso, Anthony L 2007 12.50 001-011 1169 Butterworth, Janice E. 2003 72.50 001-011 72.50 1120 Carrigan, Barbara 1998 147.50 001-011 147.50 1138 Hammons. Michael 2000 117.50 001-011 117.50 1203 Hegedus, Erin 2007 12.50 001-011 12.50 1192 LeFevor, Robert 2006 27.50 001-011 27.50 1206 Munday, Jerry T 2007 12.50 001-011 1037 Norman, Francoise 1983 372.50 001-011 372.50 1205 Saccaro, Toni Dean 2007 12.50 001-011 TOTAL 3,840.50 127.50 3,235.75 41.25 BONUS WITH FICA $ 4,134.30 $ 44.41 $ 137.25 $ 3,483.28 Annual Christmas Bonuses In December of each year, Council may grant Christmas bonuses to all City employees based on the following formula: Full-time employees: $25.00 first year; $15.00 each additional year Part-time employees: $12.50 first year; $15.00each additional year Meeting Type: Regular Meeting Date: 12-04-07 AGENDA Heading Consent Item 3 No. Resolution No. 2007-3 8; Application AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-38, REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENTS AND APPEALS DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2007-38, appointing Randall Byrd and Norman Boucher as regular members of the Construction Board of Adjustments and Appeals. Summary Explanation & Background: Terms will expire 12-15-2010. Exhibits Attached: Resolution No. 2007-3 8; Application City Manazer`s�Office Department LEGISLATIVE pe-nt\kim\m_ taatents\admin Council\meeting\2007\12-04-07\2007-38.doc RESOLUTION NO. 2007-38 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS IN ACCORDANCE WITH THE STANDARD BUILDING CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Ordinance adopted the Standard Building Code; and WHEREAS, Section III of said Code establishes a Board to be called the "Construction Board of Adjustment and Appeals" and sets forth the qualifications for appointment, term of office and procedure; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, Florida, to reappoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Randall Byrd and Norman Boucher are hereby reappointed as Regular Members of the Construction Board of Adjustment and Appeals of the City of Cape Canaveral, Florida, with terms to expire on December 15, 2010. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 4th day December, 2007. 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\BOARDS\Reappointments\2007\Const Brd 2007-38.doc IYI1 . I \MI I-II LJy 2325 Jason St. Merritt Island, FL 32952 Dear Mr. Byrd: City of Cape Canaveral Your term on the Construction Board of Adjustment and Appeals will expire on December 15, 2007. 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. r �l 1 DO wish to be considered for reappointment. DO NOT wish t' considered for reappointment. l • rG' (Signature) Mr. Randall Byrd, Constr I on lJoard of Adjustment and Appeals Sincerely, 07 Susan Stills, CITY CLERK Enclosure: SASE 105 Polk Avenue s Post Office Box 326 • Cape Canaveral, FL 32920-0326 lelcphone: ;321 i 808-12-10 • Cl NCOM: 982-1220 • FAX: (.321) 868-1248 vk,,vw.nivtlorida.corr,/cape • e-mail: ccapecanaveral"cfl.rr.com /Y1/ 1\VII11{AII LlV4 VIM 8670 Villa Nova Drive Cape Canaveral, FL 32920 Dear Mr. Boucher: City of Cape Canaveral Your term on the Construction Board of Adjustment and Appeals will expire on December 15, 2007. 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. e I DO wish to be considered for reappointment. ❑ I DO NOT wish-to�be onsidered for reappointment. ,- (Signature) M . Orman Boucher, Construction Board of Adjustment and Appeals eincerely, Susan Stills, CITY CLERK Enclosure: SASE 105 folk Avenue • Post Office Box 326 - Cape Canaveral, FL 32920-0326 l'e.lepl,one: (321) 868-1220 • SUNCIONI: 982-1220 • FAX: (321) 868-1248 www.mvflorida.comlc�ip:: e-mail: c apecanaveral l cfl.rr.com r Meeting Type: Regular Meeting Date: 12-04-07 AGENDA Heading Consideration Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: APPOINTMENT OF A VOTING DELEGATE AND AN ALTERNATE TO THE SPACE COAST LEAGUE OF CITIES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the appointment of a voting delegate and an alternate to the Space Coast League of Cities. Summary Explanation & Background: See attached correspondence from the Space Coast League of Cities. Please advise. Exhibits Attached: SCLOC correspondence City Manager' Office Department LEGISLATIVE cape=nt\kim\liydocuments\admin\ccunc--l\meeting\2007\12-04-07\scloc.doc Appointment of League Voting Delegate/Director The Bylaws of the Space Coast League of Cities require the following: * Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and Alternate to the League. Bigibil y. Only the member nwnicipality's elected officials, manager, attorney. dark, and department heads are eligible to be a Voting Delegate0irector and Altemate. Any Voting Delegals/Director or Alternate who ceases to hold such a position ceases at the same time to be a Voting Delegate/Director or Alternate. Functions: The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and Ne tepreserdative to the Board of Directors. The Voting Delegate and the Director are the same person. The sob function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. * Following the appointment. the names of the Voting Delegate/Director and the Alternate must be promptly certified in writing to the League Secretary. * Because the number of votes allocated to member municipalities for membership meetings is based upon population, each member municipality must also oertify its current population figures when it certifies its Voting Delegate/Director and Altemate. Accordingly, please provide and certify the Information requested below and return this form promptly to Ms. Nancy Glass, SCLC Executive Secretary, at the address or fax number shown at the bottom of this page. Municipality_ Voting Delegate/Director Alternate Voting Delegate/Director Date Appointed by Governing Body__—_ Current Population Nome Phone I hereby certify that the above-named persons were duly appointed by our governing body and that the foregoing information Is correct. Munk"I Cterlt'e SlgnaEure DBte 3uDmltted y _ Panted Name cEArrrr NR Space Coes Leagme „r 1 Ties ❑ 1601) Hwgmgwn gent 13 ttocklodpc. Ft. 32935 O FAX (321)63&311)3 ❑ 1 dcvh, •Ir ( 321) 636.9916 ZO'd £6i£-g£g LOb ant5eal �.SeC)O aae(JS db9=60 L0-9Z-^C)N SPACE COAST LEAGUE OF CITIES DO CA�..P-vE. CANAVERAL INDIALANTIC MELBOURNE PALM BAY SATELLITE BEAMC.tiVA INDIAN HARBOUR BEACH MELBOURNF. PEACH PALM $MORES TiTVSVILIEC'OC'OA BEACH MALABAR MF1.MOVRNE VILLAGE ROCKLfDGE WPST MELBOURNE ' ' CITIES OF BREVA RD WORKING TOGETHER " Appointment of League Voting Delegate/Director The Bylaws of the Space Coast League of Cities require the following: * Every December, the governing body of each member municipality must appoint a Voting Delegate/Director and Alternate to the League. Bigibil y. Only the member nwnicipality's elected officials, manager, attorney. dark, and department heads are eligible to be a Voting Delegate0irector and Altemate. Any Voting Delegals/Director or Alternate who ceases to hold such a position ceases at the same time to be a Voting Delegate/Director or Alternate. Functions: The person appointed as Voting Delegate serves as both the member municipality's Voting Delegate at membership meetings and Ne tepreserdative to the Board of Directors. The Voting Delegate and the Director are the same person. The sob function of the Alternate for the Voting Delegate/Director is to vote in the absence of the Voting Delegate/Director. * Following the appointment. the names of the Voting Delegate/Director and the Alternate must be promptly certified in writing to the League Secretary. * Because the number of votes allocated to member municipalities for membership meetings is based upon population, each member municipality must also oertify its current population figures when it certifies its Voting Delegate/Director and Altemate. Accordingly, please provide and certify the Information requested below and return this form promptly to Ms. Nancy Glass, SCLC Executive Secretary, at the address or fax number shown at the bottom of this page. Municipality_ Voting Delegate/Director Alternate Voting Delegate/Director Date Appointed by Governing Body__—_ Current Population Nome Phone I hereby certify that the above-named persons were duly appointed by our governing body and that the foregoing information Is correct. Munk"I Cterlt'e SlgnaEure DBte 3uDmltted y _ Panted Name cEArrrr NR Space Coes Leagme „r 1 Ties ❑ 1601) Hwgmgwn gent 13 ttocklodpc. Ft. 32935 O FAX (321)63&311)3 ❑ 1 dcvh, •Ir ( 321) 636.9916 ZO'd £6i£-g£g LOb ant5eal �.SeC)O aae(JS db9=60 L0-9Z-^C)N Meeting Type: Regular Meeting Date: 12-04-07 AGENDA Heading Consideration Item 5 No. I would recommend the appropriation of Recreation Impact Fees to fund the purchase and installation of a AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF A LIFE TRAIL FOR MANATEE PARK DEPT/DIVISION: PARKS & RECREATION Requested Action: City Council consider the cooperative purchase of a (7) station life trail, $40,279.15, or a (10) station life trail, $50,345.01, as proposed by Playmore Recreational Products & Services utilizing the City of Jacksonville bid, as recommended by the Beautification Board and Recreation Board. Summary Explanation & Background: See attached proposals. I would recommend the appropriation of Recreation Impact Fees to fund the purchase and installation of a (10) station life trail. Mayor Randels has indicated there is the possibility of a sponsor paying some or all of the cost for this project. The Florida Communities Trust has given the recreation director a preliminary authorization for this addition to the park. Exhibits Attached: Proposals; Memo City Manager's Office Department PARKS & RECREATION Gape—nt kim\myd currents\admin\council\meeting\2007\�2-04-07\iifetrail.doc TA L:4 I I LIS To: Bennett Boucher, City Manager From: Robert Lefever, Parks & Recreation Director CC: Mayor Randels Date: October 31, 2007 Re: Life Trail at Manatee Park Bennett, The Recreation Board and the Beautification Board are in unanimous agreement in regards to a fitness trail being installed at Manatee Park. Both Boards agreed on the Fit Trail from Playmore Services. I support this recommendation from the Boards and I am attaching two quotes from Playmore, one for a 7 station trail and one for a 10 station trail. I am also attaching two brochures with details and pictures of the fit stations. Back up quotes from competitors are also included Thanks, Robert Lefever FLAYMOR QUOTATION DATE QUOTE # 10/3/2007 14479 Recreati final NAME/ADDRESS Products & Services City of Cape Canaveral www.playmoreonline.com Robert Lefever 7300 N. Atlantic Ave. 10271 Deer Run Farms Road, Suite 1 Cape Canaveral, FL 32920 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free Tel 321-868-1227 Fax APPROX SHIP TERMS FOB REP PROJECT 11/30/2007 Net 30 Origin TRP Canaveral LT 10 Station ITEM DESCRIPTION QTY COST SUB-TOTAL LT1000S LifeTrail. Standard 10-Station LifeTrail. Surface 1 29,271.00 29,271.00 Mount. LT0002 Lifetrail. Custom Life Trail Sign. 1 792.00 792.00 Subtotal 30,063.00 Discount JAX Discount. City of Jacksonville SC-0511-06. 5% -1,503.15 -1,503.15 Freight Playtivorld Freight to Cape Canaveral, Fl. 32920. 1 1,488.00 1,488.00 *Price does not include installation or any additional materials or services. SUB-TOTAL $30,047.85 SALES TAX (6.0%) $0.00 TOTAL $30,047.85 Acceptance by either a signature or a purchase order based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal including the following: Prices are valid for 30 days. After 30 days, prices are subject to change without notice. Sales Tax will be charged unless a copy of a valid Sales Tax Exemption Certificate is presented with order. Specify all color selections in writing. Any discrepancies that arise due to oral color selections will be the responsibility of the customer. If customer is installing equipment, all equipment is to be installed per manufacturer's instructions and appropriate guidelines such as ASTM and CPSC. This proposal is for equipment only. Sealed engineered drawings are available for an additional charge unless noted. Installation, site work, etc. are not included, unless noted, and if desired will be quoted and contracted separately. ACCEPTANCE SIGNATURE DATE P.O. # PLAYMORE QUOTATION DATE QUOTE # 10/3/2007 14480 Recreational NAME/ADDRESS Products & Services City of Cape Canaveral www.playmoreonline.com Robert Lefever 7300 N. Atlantic Ave. 10271 Deer Run Farms Road, Suite 1 Cape Canaveral, FL 32920 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free Tel 321-868-1227 Fax APPROX SHIP TERMS FOB REP PROJECT 11/30/2007 Net 30 Origin TRP Canaveral LT 10 Station Installation ITEM DESCRIPTION QTY COST SUB -TOTAL Installation Installation of Playworld Life Trail 10 Stations per quote 1 7,711.16 7,711.16 14479. City of Jacksonville SC -0511-06. Installation Excavate 4" for 1210 s. f. for (10) concrete pads, remove 1 4,000.00 4,000.00 spoils from site. Minimum Charge. Installation Provide and Install (10) 4" concrete pads for LT Stations, L210 6.60 7,986.00 priced per s.f. Building Permit Building Permit Fee and Administrative Costs for 1 600.00 600.00 concrete work only (does not include site plans, engineered drawings, surveys, or any other permits unless otherwise noted). *Price does not include any additional materials or services. SUB -TOTAL $20,297.16 SALES TAX (6.0%) $0.00 TOTAL $20,297.16 Acceptance by either a signature or a purchase order based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal including the following: Prices are valid for 30 days. After 30 days, prices are subject to change without notice. Sales Tax will be charged unless a copy of a valid Sales Tax Exemption Certificate is presented with order. Specify all color selections in writing. Any discrepancies that arise due to oral color selections will be the responsibility of the customer. If customer is installing equipment, all equipment is to be installed per manufacturer's instructions and appropriate guidelines such as ASTM and CPSC. This proposal is for equipment only. Sealed engineered drawings are available for an additional charge unless noted. Installation, site work, etc. are not included, unless noted, and if desired will be quoted and contracted separately. ACCEPTANCE SIGNATURE DATE P.O. # FLAYMOR QUOTATION DATE QUOTE # 10/3/2007 14482 Recreational NAME/ADDRESS Products & Services City of Cape Canaveral www.Rl@ymoreonline.com Robert Lefever 7300 N. Atlantic Ave. 10271 Deer Run Farms Road, Suite 1 Cape Canaveral. FL 32920 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free Tel 321-868-1227 Fax APPROX SHIP TERMS FOB REP PROJECT 11/30/2007 Net 30 Origin TRP Canaveral LT 7 Station ITEM DESCRIPTION QTY COST SUB-TOTAL LT0700S Life Trail. Standard 7-Station Life Trail. 1 23,324.00 23,324.00 Surface Mount LT0002 Lifetrail. Custom Life Trail Sign. 1 792.00 792.00 Subtotal 24,116.00 Discount JAX Discount. City of Jacksonville SC-0511-06. 5% -1,205.80 -1,205.80 Freight Playworld Freight to Cape Canaveral, FL 32920. 1 1,113.00 1,113.00 *Price does not include installation or any additional materials or services. SUB-TOTAL $24,023.20 SALES TAX (6.0%) $0.00 TOTAL $24,023.20 Acceptance by either a signature or a purchase order based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal including the following: Prices are valid for 30 days. After 30 days, prices are subject to change without notice. Sales Tax will be charged unless a copy of a valid Sales Tax Exemption Certificate is presented with order. Specify all color selections in writing. Any discrepancies that arise due to oral color selections will be the responsibility of the customer. If customer is installing equipment, all equipment is to be installed per manufacturer's instructions and appropriate guidelines such as ASTM and CPSC. This proposal is for equipment only. Sealed engineered drawings are available for an additional charge unless noted. Installation, site work, etc. are not included, unless noted, and if desired will be quoted and contracted separately. ACCEPTANCE SIGNATURE DATE P.O. # FLAYMOR QUOTATION DATE QUOTE # 10/3/2007 14483 Recreational NAME/ADDRESS Products & Services City of Cape Canaveral www.playmoreonline.com Robert Lefever 7 300 N. Atlantic Ave. 10271 Deer Run Farms Road, Suite 1 Cape Canaveral, FL 32920 Fort Myers, FL 33966 (239) 791-2400 (239) 791-2401 fax (888) 886-3757 toll free Tel 321-868-1227 Fax TERMS REP PROJECT *Price does not include any additional materials or services. SUB -TOTAL $16,255.95 SALES TAX (6.0%) $0.00 TOTAL $16,255.95 Acceptance by either a signature or a purchase order based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal including the following: Prices are valid for 30 days. After 30 days, prices are subject to change without notice. This proposal is for installation and related services outlined on this quotation only. No equipment is included in this proposal unless noted. Building permits are the responsibility of the customer unless noted. Costs for building permits and related administrative cost as well as engineering and architectural costs are not included unless noted. A signed "Installation Terms and Conditions" must be completed. If this is not completed and this proposal is accepted, the "Installation Terms and Conditions" will become in effect as is without customer changes and/or notations. ACCEPTANCE SIGNATURE DATE P.O. # Net 30 TRP Canaveral LT 7 Station Installation ITEM DESCRIPTION QTY COST TOTAL Installation Installation of Playworld Life Trail 7 Stations per quote 1 6,185.75 6,185.75 14482. City of Jacksonville SC -0511-06. Installation Excavate 4" for 847 s.f. for (7) concrete pads, remove 1 4,000.00 4,000.00 spoils from site. Minimum Charge. Installation Provide and Install (7) 4" concrete pads for LT Stations, 847 6.60 5,590.20 approx. 847 s.f. priced per s.f. Building Permit Building Permit Fee and Administrative Costs for 1 480.00 480.00 concrete work only (does not include site plans, engineered drawings, surveys, or any other permits unless otherwise noted). *Price does not include any additional materials or services. SUB -TOTAL $16,255.95 SALES TAX (6.0%) $0.00 TOTAL $16,255.95 Acceptance by either a signature or a purchase order based on this proposal indicates that you are in full agreement with all terms and conditions of this proposal including the following: Prices are valid for 30 days. After 30 days, prices are subject to change without notice. This proposal is for installation and related services outlined on this quotation only. No equipment is included in this proposal unless noted. Building permits are the responsibility of the customer unless noted. Costs for building permits and related administrative cost as well as engineering and architectural costs are not included unless noted. A signed "Installation Terms and Conditions" must be completed. If this is not completed and this proposal is accepted, the "Installation Terms and Conditions" will become in effect as is without customer changes and/or notations. ACCEPTANCE SIGNATURE DATE P.O. # . -, LifeTraiITM ® PLAYWORLD SYSTEMS® » A Revolutionary New Approach to fitness For Active Older Adults m F "LifeTrail's added a new dimension to our exercise program and is good for our residents in that they're no longer just going for a walk. There's now the added dimension of stretching and conditioning -the residents like that." Michael Deveney Wellness Coordinator for Cornwall Manor Cornwall Manor Retirement Community Cornwall, PA www.I la warldsystems.com/ltfetrail Reaching Older Adu According to the population • • -• • • • • • • • • •' • • • ' reference bureau, by the year - • • • , , , 2030, approximately four out of ten Americans will be age 50 an older. And by the first half of this ' • ' ' - ' ' ' • ' ' ' "' ' ' ' ' 'century, U.S. statistics show that . - • • • • • • • • . the percentage of people over the age of 65 will increase from 12 percent to almost 20 percent. As people age, they are more susceptible to health challenges. R B But adults ore B t dult h main active ar - able to keep their heart muscles :.7 strong, lower their blood pressur •� ° ' roti 'r r and enjoy better mental and u emotional well-being. J 4y:0 1 800-2`13- z "n AA - LifeTrail Wellness Stations can easily be configured to work with your site layout. t Y0 A ♦ -A AA AA A A- S' m $ m Research has proven that exercise is more effective when performed out-of-doors. Walking is the most common form of outdoor recreation among older adults. LifeTrail is specifically designed to provide users with the opportunity to both walk in a natural environment and use the age appropriate designed activities to stretch and strengthen the body. LifeTrail can be installed at intervals along existing walking paths—or clustered at a single site. Each station features a sophisticated, appealing design and is constructed from highly durable, weatherproof materials that are virtually maintenance free. Because the Wellness Stations create stopping points along the path, they also become social gathering places where people can exercise with friends or meet new acquaintances. • vat � ...vim 6 � � v t1 �} s 'r, Vii" e�1 k�i3tyi°y�d�'``r` • _ f, -"K n ati� a� . �, -+ jam, Research has proven that exercise is more effective when performed out-of-doors. Walking is the most common form of outdoor recreation among older adults. LifeTrail is specifically designed to provide users with the opportunity to both walk in a natural environment and use the age appropriate designed activities to stretch and strengthen the body. LifeTrail can be installed at intervals along existing walking paths—or clustered at a single site. Each station features a sophisticated, appealing design and is constructed from highly durable, weatherproof materials that are virtually maintenance free. Because the Wellness Stations create stopping points along the path, they also become social gathering places where people can exercise with friends or meet new acquaintances. M The . a ram T1 n s Each Wellness Station is designed with both lifestyle and age appropriate activities for active older adults. In addition, most of the stations have two levels of challenge—one for beginners and one for advanced users. The Welcome station walks the user through the basics of using LifeTrail. The panels describe the general benefits of exercise and give instructions for optimizing the use of LifeTrail based on physical ability. This station also addresses the need for users to consult their physician or healthcare professional prior to beginning any exercise program. The Lower Body Warm -Up is as easy as riding a bike. Leg pedaling provides a good warm-up for the other stations by gradually warming the muscles to reduce the risk of strain. Warm-up exercises also prepare the heart for further exercise. Advanced users can increase the resistance by turning the dial so the pedals move with moderate difficulty. o n s ' rr, Weak leg muscles are a major contributor to accidental falls among older adults. The Bench Stepper increases leg strength and balance. Two different step heights allow the user to choose the step height that works best for their leg length and balance, and provides an additional level of challenge. Developing and maintaining a strong back is key to a healthy and pain-free life. A strong abdomen provides the support needed for a healthy back. This station has two exercises to strengthen the lower back and abdominal muscles. This activity is designed to increase blood flow to the arms, shoulder joint,. chest and upper back. Arm pedaling at low resistance is an excellent warm-up exercise for the entire upper body, and can increase shoulder mobility. At higher resistance, this exercise increases upper body strength and stamina. Torso Stawity S�a6il�t r— — r t: d Developing and maintaining a strong back is key to a healthy and pain-free life. A strong abdomen provides the support needed for a healthy back. This station has two exercises to strengthen the lower back and abdominal muscles. This activity is designed to increase blood flow to the arms, shoulder joint,. chest and upper back. Arm pedaling at low resistance is an excellent warm-up exercise for the entire upper body, and can increase shoulder mobility. At higher resistance, this exercise increases upper body strength and stamina. T h e Te n mi Wei I nes, 0 feras TM Pushing a grocery cart or getting in and out of the bathtub becomes a simpler task with improved upper body strength. Push-ups are one of the best all around upper body strength exercises and this activity strengthens the chest, shoulders and upper arms. Adequate hand and forearm strength are important for many daily activities such as opening jars and cleaning. The Forearm Rolls exercise simulates the motion of wringing water out of a towel and strengthens the hand and forearms. Picking up a bag of groceries or a grandchild shouldn't become a major challenge. The spring-loaded levers work to improve upper body strength and stretch the muscles between the shoulder blades and back of the neck. Many active older adults enjoy dancing or taking walks outdoors. Flexibility in their ankles, legs and hips help them enjoy these activities comfortably and safely. This station stretches the calf and hamstring muscles. The calf stretch exercise is designed to increase the range of motion of the ankle joint. Balance exercises are an important component of any fitness program for older adults, especially since falling is the leading cause of bone fractures for this population. By improving balance, older adults can participate in the activities they enjoy without the fear of falling. i Each Wellness Station has three sides—two of which are the activity panels. The third side can be customized to suit your needs. You can either choose one of our standard informational panels, or, for an additional cost you can select a wheelchair/ADA accessible activity or create your own custom panel. Standard Informational Panels Wheelchair/ADA Accessible Op ion These 10 panels provide the user with important health information and tips for healthy living. Panel topics are: • Benefits of Exercise • Yoga • Osteoporosis • Exercise For Your Mind • Tai Chi • Osteoarthritis • Healthy Eating • Fall Prevention • Posture/Safe Lifting • Stress Reduction/ Pain Management WWI p,- There are five wheelchair accessible activities: • Wheelchair Forearm Rolls • Wheelchair Upper Body Warm-up • Wheelchair Stretches • Wheelchair Pull-up • Wheelchair Upper Body Stretch and Sty n �1 1 T •. � w. lAIP • ' i Made "'� • • •• • Possible by gabriela diego 3 • w'L The Trees of CORNWALL MANOR NL Tl� Ill _9 1 Ges orlrees rou i v 1 i m -T".1 T i roma. p une a mG—h-1 Lane a 1,1d I� - -k Th lad ' �R' bty'T "et a h t fl -b" 9M1 1 119.— '� �' � A 3hagbeM H �kory also G� s Y,e 19'l6 b D y e 9 i 9h tl f Ina a Ih Ln p�tl 9h1 f n 9 Pec me S W— B ' O k Whil Iona a aon�fl L f es p Sod ^v-+ \ Sveer warOs she ma a eevee s an mponanoTlm�be.a a h n9 al 1a h,b 9 ry fwlna wly y -1 ]5 Y—,O OY K f hie ide ff ble V.p .. .I.. e tier d gh Pgh.Wa ,moi;' k. Cleveland Pah h, ped a" etroparks and bras wh;�aamal ds leaned 11 th, s fu is. Tachy, Ne wood — _ _ - usedlarlurnitNrn' � eenys, .ns enls Penn State -mma Staff �.�..,,.. "I've been here [Cornwall Manor] for three years and beginning the first year that 1 was here I had repeated operations on my knees. Three operations, to be exact, on the one knee. So I realized 1 must get out there on that trail if I'm going to continue to walk... " Resident at Cornwall Manor Retirement Community, Cornwall, N - -- Challenger Playstructure LifeTrail is a wellness product from Playworld Systems—a family- owned recreation company based in Lewisburg, PA. For more than 30 years, Playworld Systems has been supplying quality recreation products around the world. In addition to LifeTrail, Playworld Systems creates fun, safe and innovative playgrounds for kids of all ages. For the youth who enjoy/ participating in action sports, Playworld Systems' sister company, Huna Designs', manufactures Woodward' Ramps and Rails, a top-of-the-line product developed in partnership with Woodward Camp, the world's elite action sports camp. t. 13 1 Outstanding Warranty You can buy LifeTrail with confidence. The galvanized steel posts and stainless steel hardware are backed by a Limited Lifetime Warranty. The grab bars, steel activity equipment and plastic components have a Limited 10 Year Warranty. All moving parts are guaranteed with a Limited 5 Year Warranty. FREE with each LifeTrail purchase... ...you will receive a helpful programming package. This package will contain simple step-by-step instructions for each Wellness Station on DVD. You will also receive an instructional CD so you can print the training manual and suggestions for motivational activities. In addition, we'll help you promote LifeTrail within your community or facility, by providing you with promotional materials that you can personalize and send out to your local media, use in newsletters or share with members of your community. Playworld Systems offers an extensive line of site amenities that will complement your LifeTrail. Contour Bench Custom -Lettered Bench 1 A' r ' t� i' • 4' • , VW i TM �� �P �� ' - '( Y'i !1st', }'1M1� f' wr• �: rgV Jr M s �e• .8 , ,fl 'VI - s-„ www.pIayworldsystems.com/IifetraiI 1® Meeting Type: Regular Meeting Date: 12-04-07 AGENDA Heading Consideration Item City Council on 8/9/07 granted conditional approval of the Mermaid Key Site Plan. There were (10) No. application shall stand as denied, per City Code Section 110-223(1). The compliance period ended 11/7/07. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: MERMAID KEY SITE PLAN COMPLIANCE PERIOD EXTENSION REQUEST DEPT/DIVISION: COMMUNITY DEVELOPMENT/BUILDING Requested Action: City Council review and consider the Mermaid Key Site Plan Compliance Period Extension Request submitted by Attorney Timothy Pickles representing Mermaid Key, LLC. Summary Explanation & Background: City Council on 8/9/07 granted conditional approval of the Mermaid Key Site Plan. There were (10) conditions that had to be satisfied within 90 days or the site plan would be automatically withdrawn and the application shall stand as denied, per City Code Section 110-223(1). The compliance period ended 11/7/07. Per City code, upon written request of the applicant prior to the expiration of the 90 day compliance period, and where the applicant demonstrates unusual circumstances or undue hardship, City Council may grant an extension of the compliance period. Not all of the (10) conditions have been complied with; attached is a letter from the applicant addressing each item. Please advise. Exhibits Attached: Letter of request and related documents City Mana Offic City Department COMMUNITY DEVELOPMENT/BUILDING e-nt\k' uments\admin\council\meeting\2007\12-04-07\mermaidkey.doc Pagel of 3 Bennett Boucher From: Martin Greene [martin@greeneinternational.com] Sent: Wednesday, November 28, 2007 11:58 AM To: 'Bennett Boucher' Cc: Tim Pickles Subject: RE: Mermaid Key Development Good morning Bennett, Sorry I haven't got back to you earlier, I was in meetings all day yesterday and I find out Tim has a family appointment out of the office today and is not in. I am seeing him tomorrow morning so I will speak to him then about this but I don't think that I will be able to get an actual draw for the funds from the bank in time for next week. Banks in normal circumstances are very very slow around this time of year and this year it's impossible. Why are the actual funds so important as long as a permit isn't issued without them? That will allow us all to do all the legal work and be ready to go as soon as they are released. I am not sure if I am right or not but I think the only thing now holding up St John's is the city's sewer easement from 1966 that they found went over their mangrove protection area on the north east bank of the south parcel and I think Tim has done all that with Mary Ellen. Regards Martin From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Tuesday, November 27, 2007 2:24 PM To: martin@greeneinternational.com; 'Tim Pickles' Subject: FW: Mermaid Key Development Afternoon Martin & Tim, Are you all going to submit payment for the sewer line relocation cost in the amount of $109,283 prior to the 12-4- 07 Council meeting? If you do, then I can place the vacation of the old sewer easement, approval of the new sewer easement, approval for the change orders on the agenda. If not, then your site plan extension request will be the only item on next Tuesday's agenda. Take care, Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 www.myflorida.com/cape From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] 11/28/2007 Law Offices WATSON, SOILEAU, DeLEO, BURGETT & PICKLES A PROFESSIONAL ASSOCIATION 3490 N. U.S. HIGHWAY 1 COCOA, FLORIDA 32926 VICTOR M. WATSONt JOHN L. SOILEAUt JOSEPH E.DeLEO STACY L. BURGETT TIMOTHY F. PICKLESt 000 JUSTIN R. PAYNE SETH D. CHIPMAN +BOARD CERTIFIED IN REAL PROPERTY LAW November 7, 2007 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Mermaid Key, LLC Our File No.: 04-5091 Dear Bennett: TELEPHONE (321) 631-1550 FACSIMILE (321) 631-1567 Via Facsimile, E-mail & Regular U.S. Mail Pursuant to our meeting yesterday and applicable City of Cape Canaveral Ordinances, the undersigned on behalf of Mermaid Key, LLC requests an extension through and including December 4`h, 2007, to satisfy the conditions contained in the site plan which was approved on August 91h, 2007. The status of the conditions are as follows: • The sewer line from the south commercial building needs an easement; and th sewer line needs to be relocated to save a 20" tree. - The developer is currently complying with the building official's requests to complete this condition. See attached correspondence. • The lift station pump sequence shall be changed so an alarm is activated fi the liquid level rises above the lead pump "on " level and before the liquid level reaches the lag pump "on " level. - The developer is currently complying with the building official's requests to complete this condition. See attached correspondence. • The north and south fountain details shall be redesigned, because the present 18" dimensions are incorrect. - The developer is currently complying with the building official's requests to complete this condition. See attached correspondence. • Provision shall be made for recycling containers at each dumpster site. - The developer is currently complying with the building official's requests to complete this condition. See attached correspondence. City of Cape Canaveral / Boucher ltr Re: Mermaid Key, LLC - Site Plan November 7, 2007 Page 2 of 2 • A lighting plan for the streets and sidewalks shall be submitted and approved by the City. - The developer is currently complying with the building official's requests to complete this condition. See attached correspondence. • A shared parking easement on the north parcel shall be approved by the City. - The form of the easements were submitted to the City Attorney. He is currently reviewing them. Once they are approved in form they shall be executed and recorded to comply with this condition. • Cross access easements shall be provided on the north and south parcels. - The form of the easements were submitted to the City Attorney. He is currently reviewing them. Once they are approved in form they will be executed and recorded to comply with this condition. • The Unity of Title be prepared and executed on the south commercial parcel. - The Deeds were submitted to the City Attorney. He is currently reviewing them. • All costs associated with the vacation of the existing sewer easement and the dedication of the proposed relocated sewer main easement, as well as design and installation change orders for the force main replacement project, be borne by the applicant. - Per the discussion, provisions will be made for the payment of the change order as well as the dedication of the easement in conjunction with the December 4`h City Council meeting. • An approved mitigation plan form the St. Johns River Water Management District for the pond area classified as wetlands shall become part of the approved Site Plan. - The general plan has been approved. We are waiting confirmation, perhaps as early as today, from St. Johns that the mitigation plan has been officially approved and that permits will shortly be issued. Please advise if I can provide any additional information. Thank you for your attention to this matter. Sincerely F. Pickles TFP/nlc cc: Martin Greene Anthony A. Garganese, Esquire For the attention of: Mr. Todd Morley Building Official City of Cape Canaveral I.o5 Polk Ave, Cape Canaveral, F132920 March 30, 2005 Dear Mr. Morley, Re: Mermaid Key Site plan approval conditions. Further to my meeting today with Mr. Boucher and later with yourself, I would like to address the 10 conditions the city council required at the time of approval of the above project. Condition 1. The easement from the south commercial building has been drawn up also we have attempted to relocate the sewer to save the tree but unfortunately this is not possible. As the tree is under 24 inches in diameter we intend to implement our right to mitigate it and this will be shown on the landscaping plan and with the city prior to us applying for a site work permit. Condition 2. We have discussed this condition with the lift station manufactures and they stated that all lift stations now function in this way and we will comply on installation and will supply the city with its specification prior to us applying for a building permit on the first building on the south portion of the site. Condition 3. This was a typo and the correct drawing with dimensions are attached. Condition 4. See Site plan addendum #1 Condition 5. See site plan addendum #2. Condition # 6, 7, 8. Have all been completed and submitted to the city attorney. My attorney Mr. Pickles will address these in his letter. Condition 9. We Mermaid Key LLC agree that all costs associated with the sewer works as mentioned in the conditions are acceptable by the applicant. fevi%ao tare, ` U" A 132 r. 79 9, 0 7 Condition #io. An email from SJRWMD will be sent to the city manager tomorrow November 7t" confirming that the mitigation plan has been approved by them and a permit for the entire project will be shortly forthcoming and will be with the city prior to any site work permit being issued. Tthank you for your time. Sincerely, i I MARTIN GREENS MNArX,—MCEI MICBA President Mermaid Key Site Plan Addendum #1 November 6, 2007 As per the City Conditions of site plan approval Provisions shall be for recycling containers at each dumpster site Mennalid Key Site Plan Addendum #2 November 6, 200 7 As per the City Conditions of site plan approval A complete lighting plan will be submitted to the city prior to the U�' building permit is issued in the North portion of the site. Mermaid Key Bennett Boucher From: John Juilianna Djuilianna@sjrwmd.com) Sent: Wednesday, November 07, 2007 4:09 PM To: boucher-cape@cfl.rr.com Cc: Martin Greene; morley-cape@cfl.rr.com Subject: Mermaid Key Mr. Boucher: Page 1 of 1 Our staff has been working very closely with Mr. Greene and his consulting team to bring this project to a permittable stage. At this point, the issues with the design of the stormwater system appear to have been resolved. On the environmental side, the mitigation required for the project is two -fold. The first part is the applicant's contribution towards the purchase of a baffle box as part of the City's stormwater retrofit project in this area. This has been approved by the District staff and there are no unresolved issues associated with this part of the mitigation plan. The second part of the mitigation plan is the placement of a conservation easement over the mangrove shoreline along the canal. This has been complicated by the presence of a drainage easement in this area that is held by the City. Although we have indications from Mr. Greene and your staff that this can be resolved, there will need to be significant legal document work done on this issue between Mr. Greene's attorney, the City and the District attorney on this case, Mary Ellen Winkler. I hope that this update gives you a better indication as to where we are with this project. It does appear as though the District staff will be able to issue a permit upon resolution of the above issues. If you have any questions, please feel free to contact me. John Juilianna, Service Center Director Palm Bay Service Center St. Johns River Water Management District 525 Community College Parkway, N.E. Palm Bay, FL 32909 (321) 676-6620 office SC 350-6620 (321) 863-0051 cell jjuilianna@sjrwmd.com No virus found in this incoming message. Checked by AVG Free Edition. Version: 7.5.503 / Virus Database: 269.15.24/1115 - Release Date: 11/7/2007 9:21 AM 11/27/2007 Mons Vot • The sewer line from the south commercial building needs an easement; and the sewer line needs to be relocated to save a 20 tree.ar • The lift station pump sequence shall be changed so an alarm is Site Plan — Mermaid Key North activated if the liquid level rises above the lead` -pump "on" level and 2. before the liquid level reaches the lag pump "on" level. • The north and south fountain details shall be redesigned, because the Existing Conditions and Demolition Plan — Mermaid Key present 18" dimensions are incorrect. 4. • Provisions shall be made for recycling containers at each dumpster South site. • A lighting plan for the streets and sidewalks shall be submitted and CRY Of Cape CanwerW approved by the City. • A shared parking easement on the north parcel shall be approved by the City. fav ,;spy., by r, Hca tri • Cross access easements shall be provided on the north and south k+>.A.ias, w parcels. SWPPP — Mermaid Key North • The Unity of Title be prepared and executed on the south commercial " #„ parcel • All costs associated with the vacation of the existing sewer Grading and Drainage Plan — Mermaid Key North easement and the dedication of the proposed relocated sewer main 10. easement, as well as design and installation change orders for the force main replacement project, be borne by the applicant. Wetland — Surface Water Impact and Mitigation Plan — • An approved mitigation plan from the St. Johns River Water 11A. Wetfond — Surface Water Impact and Mitigation Plan — Management District for the pond area classified as wetlands shall 12• become part of the approved Site Plan. Sheet Index 1. Site Plan — Mermaid Key North 2. Site Plan — Mermaid Key South 3. Existing Conditions and Demolition Plan — Mermaid Key North 4. Existing Conditions and Demolition Pian — Mermaid Key South 5. Erosion Control Plan — Mermaind Key North 6. Erosion Control Plan — Mermaid Key South 7. SWPPP — Mermaid Key North 8. SWP.PP — Mermaid Key South 9. Grading and Drainage Plan — Mermaid Key North 10. Grading and Drainage Plan — Mermaid Key South 11. Wetland — Surface Water Impact and Mitigation Plan — South 11A. Wetfond — Surface Water Impact and Mitigation Plan — North 12• Potable Water Plan — Mermaid Key North 13. Potable Water Plan — Mermaid Key South 14. Sanitary Sewer Plan — Mermaid Key North 15• Sanitary Sewer Plan — Mermaid Key South 16. Drainage Sections and Details Mermaid Key North 17- 18- Drainage Sections and Details Mermaid Key South Miscellaneous Details Is , City of Coe -nn PnfmklJ w-4— n_a_:._ Page 1 of 2 Bennett Boucher From: Bennett Boucher [boucher-cape@cfl.rr.com] Sent: Friday, November 02, 2007 10:25 AM To: 'Timothy Pickles' Cc: 'Anthony Garganese'; 'Todd Morley'; 'Walter Bandish'; 'Jeff Ratliff, CC Public Works' Subject: RE: Mermaid Key Development Attachments: BCCost.pdf; MermaidKeyll.pdf Morning Tim, The 90 days are up on November 7th to meet the conditions of site plan approval. I sent Martin a payment request of $109,283 to relocate the sewer force main. The vacation of the old sewer easement and the recording of the new requested sewer easement will not occur until payment has been received by the City. Attached are the cost breakdowns for engineering and construction. If you cannot get all the site plan conditions completed by November 7th, you can request an extension from City Council. i) If the city council elects to grant conditional approval of a site plan subject to any conditions or contingencies, the applicant shall have 90 days from the date of conditional site plan approval to satisfy any such conditions and/or contingencies. If all conditions and/or contingencies are satisfied, the final site plan approval date shall be either the expiration of the 90 -day period; or the date the building official certifies by notation on all city site plan copies, that all conditions and/or contingencies are satisfied, whichever first occurs. If the conditions and/or contingencies are not satisfied before the expiration of the 90 -day period the conditional approval shall be automatically withdrawn and the application shall stand as denied. The 90 -day compliance period may be extended at the discretion of the city council, upon written request of the applicant prior to the expiration of the 90 -day compliance period, and where the applicant demonstrates unusual circumstances or undue hardship. Please contact me anytime. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL. 32920 phone 321-868-1230 fax 321-868-1224 www.myfforida.com/cape 11/27/2007 OFFER OF SERVICES E,,f......apertech Network Inst • Ile t l o n Date September 27, 2007 Attn: Walter Bandish Address: 105 Polk Avenue City, State: Crape Canaveral, FL. Zip Code: 32920 Phone Number: 321-868-1240 Quotation N 003 Project: Lift Station Force Main Replacement Description of Work: Directional Drill 12" HDPE fuy increased depth per direction of the City of Cape Canaveral: Includes: • Clearing R -O -%V • DewatcringiShecting • Survey and As-Builts • Wirelinerl'rue Tracking Notes: Commencement Date: TBD Completion Date: TBD CONDITIONS AND ASSUMPTIONS: CHANGE ORDER PROPOSAL 599.786.00 The pricing in this Offer of Service is based upon the performance of tasks and provision of deliverables specifically defined in this document. Requests for additional work activities that are not described in this document, including customer required overtime or night work, or the application of any dif%rent or additional criteria or testing in connection with any services or deliverables are subject to additional charges to the customer. Certain matters may require a new quotation under a separate Offer of Services. Should additional charges be required, F.xpertech will utilize a change order process for approval by both parties prior to commencement of work. INCLUDED: • Material, Labor, Equipment • All stated above EXCLUDED: • Engineering • Permits Payment Terms: Per Contract Documents OFFER OF SERVICES Signatures: Expertech Network Installation (US) Inc. Per: Per: Date: Date: PO #: CHANCE ORDER AMOUNT: S 99,786.00 City of Cape Canaveral: Should this offer meet your needs please confirm your acceptance by signature and fax to 877-994-0815 if you have any questions regarding this Offer of Services please contact John Wood at 954-4358. SAJ-2007-5352 GP -TSD W Sheet 3 of 3LO W W � O ~ M � N O 'i O � 00 W �°c Z J O� � u� �D v, O J LO � = o + Z N D (N N O O r 1 � O 0 W > W J w w W J _� '-J J W Uclw i cy 3 Q v L" a t a� m m `o r c - 1 o U N N U f0 C O N O L C N N O U L U LL LL c cu C O U 7 Ul C O U m `m m c m U m cu U 0 N M c+� N t 0 > `° A C U m O O LO O LO O N LO N O co a' = J U� F 0 0 W W W � O ~ M � N O 'i O � 00 W O W J w 88 8 �(0 � co Wit `"1 " IIIII�III 19 9111 SII �I IIIIII�III iomm��mi mi anm��nnn�m VIII �IIIIII� II 011111��111119111 IW IIIII � 88 8 �(0 � co Wit `"1 " Meeting Type: Regular Meeting Date: 12-04-07 AGENDA Heading Ordinance-2id Reading Item 7 No. P&Z Memo dated 10-11-07; P&Z Minutes; Ordinance No. 07-2007 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 07-2007, AMENDING CHAPTER 110, CREATING AN APPELLATE REVIEW PROCEDURE FROM FINAL DECISIONS OF THE BOARD OF ADJUSTMENT OR COMMUNITY APPEARANCE BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Ordinance No. 07-2007, amending Chapter 110, creating an appellate review procedure from final decisions of the Board of Adjustment or the Community Appearance Board. Summary Explanation & Background: The P&Z Board unanimously recommended against adopting this proposed ordinance. Exhibits Attached: P&Z Memo dated 10-11-07; P&Z Minutes; Ordinance No. 07-2007 City Manager' ffice Department LEGISLATIVE �c.alae-nt\kim\mydoctume�II�s\admin\council\me g\2007\12-04-07\07-2007.d0c i Date: October 11, 2007 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Ordinance Re: Appeals to the City Council from Decisions made by the Community Appearance Board and the Board of Adjustment. At the Planning & Zoning Board meeting held on October 10, 2007, by unanimous vote, the Board recommended that the above ordinance not be adopted. Please schedule this recommendation for an upcoming City Council meeting. 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 PLANNING & ZONING BOARD MEETING MINUTES OCTOBER 10, 2007 A Regular Meeting of the Planning & Zoning Board was held on October 10, 2007, at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida. Chairperson Bea McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS PRESENT Bea McNeely Lamar Russell John Fredrickson Donald Dunn Harry Pearson John Johanson Ronald Friedman OTHERS PRESENT Todd Morley Kate Latorre Todd Peetz Susan Chapman NEW BUSINESS Chairperson Vice Chairperson 1 st Alternate 2nd Alternate Building Official Assistant City Attorney City Planner Board Secretary Approval of Meeting Minutes: September 26, 2007. Motion by Lamar Russell, seconded by Harry Pearson, to approve the meeting minutes of September 26, 2007. Vote on the motion carried unanimously. Recommendation to City Council - Ordinance Re: Appeals to the City Council from Decisions made by the Community Appearance Board and the Board of Adjustment. Kate Latorre, Assistant City Attorney, advised that the ordinance was prepared at the direction of City Council. She explained that the Board of Adjustment and Community Appearance Board would still make decisions; however, the ordinance would allow an aggrieved affected party to file an appeal with the City Council, within 10 days of the final decision. Discussion followed. Planning & Zoning Board Meeting Minutes October 10, 2007 Page 2 During discussion, the Board members made the following comments: No city in the County had an appeal process to the City Council; if there was no history of problems regarding the Board's decisions, then why was the process being changed; the city was chartered in 1962 and the City Council, at that time, had empowered the Planning & Zoning Board and Board of Adjustment to make final decisions?; the present City Council already took away the voting powers of the Planning & Zoning Board, now they wanted to take away voting powers from two additional Boards; if the ordinance was passed, the decisions would become political; elected officials were not necessarily smarter, wiser, or more experienced than appointed board members. Donald Dunn advised that the Federal government has elected politicians who appoint the leaders of the various departments. These departments are analogous to our boards. When a department renders an unfavorable determination the recourse is through the court system and not to the President, the Vice President or others. Lamar Russell stated, for the record, that he was against proposed Section 110-33. Discussion continued. Sandy Young, citizen, agreed with the Board's comments. Motion by Lamar Russell, seconded by Donald Dunn, to recommend to City Council that the ordinance not be adopted. Vote on the motion carried unanimously. 2. Recommendation to City Council - Ordinance Re: Clarifying the Criteria Required for Preliminary and Final Subdivision Plat Review and Approval. Todd Peetz, City Planner, explained that the city had recently begun processing final plats for recording, and upon submitting final plats to the County Clerk for recording, the County Clerk required additional information than what is required by city code. He advised that the proposed ordinance clarified the criteria required for preliminary and final subdivision plat reviews and approvals, in compliance with the Brevard County Clerk and Chapter 177, Florida Statutes. The Board members reviewed and held discussion regarding the proposed ordinance. Motion by Lamar Russell, seconded by Donald Dunn, to recommend approval of the proposed ordinance, with minor changes, as discussed, to include that the final plat be recorded within fourteen (14) days of City Council approval. Vote on the motion carried unanimously. OPEN DISCUSSION Todd Morley, Building Official, reviewed the current requirements for preliminary and final plats and replats, indicating that the current ordinance has multiple duplicate entries and requires depictions of elements that are more appropriate for site plan review. Lamar Russell asked that Mr. Morley present his findings to Meeting Type: Planning & Zoning Meeting Date: 10/10/07 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading New Business Item No. SUBJECT: Review and Recommend Ordinance Re: Appeals to the City Council from Decisions made by the Community Appearance Board and Board of Adjustment DEPT. /DIVISION: Building Department Requested Action: Review and recommend to City Council proposed ordinance, appeals to the City Council from decisions made by the Community Appearance Board and Board of Adjustment. Summary Explanation & Background: This is a request to consider another avenue to appeal decisions made by the Community Appeals Board and Board of Adjustment. Currently all the decisions made by the Board of Adjustment and Community Appearance Board are final decisions. To appeal their decision, aggrieved persons must do so through the judicial process in a court of law. The proposed ordinance would provide an additional step before going to a court of law. There have been a couple of recent cases where the decisions of the Board of Adjustment have gone to a court of law. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department ORDINANCE NO. 07-2007 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES CREATING AN APPELLATE REVIEW PROCEDURE FROM FINAL DECISIONS OF THE BOARD OF ADJUSTMENT OR COMMUNITY APPEARANCE BOARD TO THE CITY COUNCIL; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING, CHAPTER 22, COMMUNITY DEVELOPMENT AND CHAPTER 98, SUBDIVISIONS; CLARIFYING THAT APPLICANTS ARE RESPONSIBLE TO PAY THE COST OF NOTICES; 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 Cape Canaveral Board of Adjustment currently has certain final decision making authority under Chapter 110, Zoning, of the Cape Canaveral City Code regarding variances, special exceptions and administrative appeals; and WHEREAS, the City Code currently authorizes the Board of Adjustment to make various other final decisions, including, but not limited to flood plain administration, nonconformities, concurrency, zoning district boundaries, wireless telecommunication towers, stormwater management and signs; and WHEREAS, currently, parties seeking to appeal a final decision of the Board of Adjustment under the City Code generally must do so through the judicial process in a court of law; and WHEREAS, prior to seeking relief through the court system, the City Council desires to create an appellate procedure where, at the request of aggrieved parties, the City Council would act in an appellate capacity to review any final decision of the Board of Adjustment; and WHEREAS, the City Council desires to amend the appeal procedure set forth in Chapter 22 regarding appeals from final decisions of the Community Appearance Board to be consistent with the appellate procedure set forth herein for appeals from the Board of Adjustment; and WHEREAS, the City Council desires to make additional conforming amendments throughout the City Code consistent with the appellate procedure set forth herein; and City of Cape Canaveral Ordinance No. 07-2007 Page 1 of 9 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Chapter 110 Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and Ott type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 1 10. It is intended that the text in Chapter 1 10 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. 110-2. Board of adjustment. (b) The board of adjustment shall have the powers and duties to consider tile appruval Of applications for special exceptions, variances, and administrative appeals under this chapter. ARTICLE II. PROCEDURE; LAND USE DECISIONS DIVISION 1. GENERALLY Sec. 110-27. Authority. (a) Unless otherwise provided in this chapter, the city council shall render all final decisions regarding rezonings and the board of adjustment shall render all final decisions regarding variances, special exceptions and administrative appeals. Final decisions of the board of City of Cape Canaveral Ordinance No. 07-2007 Page 2 of 9 adjustment and city council shall be subject to appellate review as set forth in this division 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 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: (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 solely responsible for the costs incurred for notification under this subparagraph. Sec. 110-33. Appellate review. (a) Appeals from board of adjustment or community appearance board. (1) Any partaggrieved by any final decision of the board of adjustment or the community appearance board made under any chapter of this Code shall have the right to appeal the final decision to the city council. (2) Any such appeal shall be filed with the city manager within ten (10) calendar days of the date of the final decision. The city manager shall schedule the city council's consideration of the appeal for the next available regular city council meeting and shall provide the party seeking appellate review with written notice of the date, time and location of said meeting. (3) The city council's consideration of the final decision being appealed shall be de novo. The city council shall hear and consider the evidence and testimony of anx interested party and shall either affirm or reverse, wholly, o�part, the decision of the board of adjustment or community appearance board. However, with respect to administrative appeals under section 110-40, the city council's de novo review shall be of the record transmitted to the board of adjustment by the building official. A concurring majority vote of the city council shall be required for any decision made City of Cape Canaveral Ordinance No. 07-2007 Page 3 of 9 by the city council under this section. (4) Failure of any aggrievedparty to appeal to the City Council pursuant to this section shall be deemed a waiver of that party's righto judicial review. (b) Appeals from city council. Any party aggrieved by any final decision of the city council made under this section shall have the right to file an appropriate action in a court of competent jurisdiction. DIVISION 5. ADMINISTRATIVE APPEALS Sec. 110-40. Administrative appeals. (f) The board of adjustment shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. The concurring maioritX vote of fbti, nien bet he board of adjustment shall be necessary for any decision made pursuant to this section to reverse any ordet, requirement, decision or determination of the building official. ARTICLE III. ADMINISTRATION AND ENFORCEMENT DIVISION 1. GENERALLY Sec. 110-87. Interpretation of chapter. It is the intent of this chapter that all questions regarding the interpretation and application of the provisions of this chapter shall be first presented to the building official and that such questions shall be presented to the board of adjustment only on appeal from the decision of the building official and that recourse from the decisions of the board of adjustment shall be to the LLty council. Any ppeal from a decision of the city council shall be to the courts as provided by law. It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. City of Cape Canaveral Ordinance No. 07-2007 Page 4 of 9 The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter the city council shall have only the duties of: (1) Considering and adopting or rejecting proposed amendments or the repeal of this chapter, as provided by law; aitd (2) Establishing a schedule of fees and charges; and. (3) Deciding_ appeals from final decisions of the board of adjustment or community appearance board pursuant to its authority under section 110-33. Section 3. Conforming Amendments to Chapter 22, Community Development. Chapter 22, Community Development, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeo tt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 22. It is intended that the text in Chapter 22 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 22. COMMUNITY DEVELOPMENT ARTICLE III. COMMUNITY APPEARANCE REVIEW Sec. 22-46. Appeals and review. Any person(s) or the city aggrieved by a final decision rendered by the community appearance board may appeal the decision to the city council pursuant to the procedure set forth in section 110-33 of this Code. in under this section stays the action of the community appearance boatd until a decision by the cit council is rendered. ... . .. .. . . ,. ft:.. .. . . .. .. . . . City of Cape Canaveral Ordinance No. 07-2007 Page 5 of 9 Section 4. Conforming Amendments to Chapter 86, Concurrency Management System. Chapter 86, Concurrency Management System, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 86. It is intended that the text in Chapter 86 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 86. CONCURRENCY MANAGEMENT SYSTEM ARTICLE I. IN GENERAL Sec. 86-3. Appeals. (a) Except as otherwise provided in this Code, appeals from the decisions of the building official, concurrency manager, or planning and zoning board or -city- oun making determinations under this chapter, including but not limited to a finding of concurrency deficiency, refusal to issue a concurrency compliance certification, project impact determination, refusal to issue a building permit, etc., shall be taken before the board of adjustment. Any such appeal must be filed in writing with the city clerk within 20 days of rendition of the decision in question, and the reasons for such appeal shall be set forth therein. The city clerk shall arrange for an appeal hearing before the board of adjustment, and the clerk shall notify the appellant in writing of the date, time and place of the hearing. (c) The board of adjustment shall base its decision on the requirements of the city's land development regulations. The board shall make its decision based upon its usual voting procedures. The decision shall be issued in writing stating the reasoning involved, and it shall City of Cape Canaveral Ordinance No. 07-2007 Page 6 of 9 be rendered within 60 days of the close of the hearing. The decision of the board of adjustment may be appeal to the city council pursuant to section 110-33 of this code. ldo further adminishative appeal is available beyond this stage, though the appellant retains the right of appeal th. ough the judicial sy by law. Section 5. Conforming Amendments to Chapter 90, Floods. Chapter 90, Floods, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 90. It is intended that the text in Chapter 90 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 90. FLOODS ARTICLE II. FLOOD DAMAGE PREVENTION DIVISION 2. ADMINISTRATION Sec. 90-50. Variance procedures. (c) Any person aggrieved by the decision of the zoning board of adjustment or any taxpayer may appeal such decision to the city council pursuant to section 110-33 of this code circuit cou! t. Section 6. Conforming Amendments to Chapter 98, Subdivisions. Chapter 98, Subdivisions, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 98. It is intended that the text in Chapter 98 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 98. SUBDIVISIONS ARTICLE I. IN GENERAL City of Cape Canaveral Ordinance No. 07-2007 Page 7 of 9 Sec. 98-5. Appeals and arbitrations. (a) Any person or persons, jointly or severally aggrieved by any decision of the board of adjustment; may appeal the decision to the city council pursuant to section 110-33 of this cod , , but not thet cafter, apply to a court of Competent j urisdiction fo, appropriate i %1lief Section 7. 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 8. 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 9. 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 10. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. 07-2007 Page 8 of 9 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2007. 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. 07-2007 Page 9 of 9 View Legal Ad# 915449 Print Window Close Window AD#915449-11 /24,2007 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. 07-2007 and Ordinance 09-2007 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, December 4, 2007. 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. 07-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CODE OR ORDINANCES CREATING AN APPELLATE REVIEW PROCEDURE FROM FINAL DECISIONS OF THE BOARD OF ADJUSTMENT OR COMMUNITY APPEARANCE BOARD TO THE CITY COUNCIL; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING, CHAPTER 22, COMMUNITY DEVELOPMENT AND CHAPTER 98, SUBDIVISIONS; CLARIFYING THAT APPLICANTS ARE RESPONSIBLE TO PAY THE COST OF NOTICES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. ORDINANCE NO. 09-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REMOVING SECTION 10-376 FROM THE CITY CODE CONSISTENT WITH REPEAL PROVISION CONTAINED IN SECTION 4 OF ORDINANCE 05-2005; 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 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#: 915449 Publication: Florida Today First Published: 11-24-2007 Page 1 of 1 hftp://www.flatoday.neViegals/display.htm?CMD=DISPLAY&ld=31056 11/26/2007 Meeting Type: Regular Meeting Date: 12-04-07 AGENDA REPORT AGENDA Heading Ordinance -2" a Reading Item 8 No. I recommend approval at first reading. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 09-2007, REPEALING CITY CODE SECTION 110-376 PRESERVATION OF TREES DEPT/DIVISION: COMMUNITY DEVELOPMENT/P&Z Requested Action: City Council consider the adoption of Ordinance No. 09-2007, repealing City Code Section 110-376, Preservation of Trees, as being inconsistent with Chapter 102 of the city code, as recommended by the Planning & Zoning Board. Summary Explanation & Background: The P&Z Board recommended this code section be replaced at their 10-24-07 meeting. I recommend approval at first reading. Exhibits Attached: P&Z Memo; Ordinance City Manager' Office Department COMMUNITY DEVELOPMENT/P&Z e-nt\kim\myd s\admin\counci meeeting\2007\12-04-07\09-2007.com 4pCE ANd City of Cape Canaveral PrDate: October 25, 2007 - To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Ordinance Repealing Section 110-376, Preservation of Trees At the Planning & Zoning Board meeting held on October 24, 2007, by unanimous vote, the Board recommended approval of the above referenced Ordinance. Please schedule this ordinance for 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 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com Meeting Type: Planning & Zoning Meeting Date: 10/24/07 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Discussion Item #2 No. SUBJECT: Review and Recommend Repealing Section 110-376 Preservation of Trees DEPT./DIVISION: Building Department Requested Action: Review and recommend to City Council repealing Section 110-376 preservation of trees. This section is not consistent with Section 102 which addresses tree preservation. Summary Explanation & Background: Section 110-376 appears to have not been amended at the time the major revisions to Section 102 were enacted. The repealing of section 110-376 would clean up this discrepancy. Exhibits Attached: 1) Proposed ordinance change Planning Official's Office Department ORDINANCE NO. 09-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REMOVING SECTION 110- 376 FROM THE CITY CODE CONSISTENT WITH THE REPEAL PROVISION CONTAINED IN SECTION 4 OF ORDINANCE 05-2005; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, this is a glitch ordinance to update City Code consistent with previous actions of the City Council; and 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 adopted the Cape Canaveral Tree Preservation and Landscaping Code ("Tree Preservation Code") pursuant to Ordinance 05-2005, on April 19, 2005; and WHEREAS, it is the intent of the City Council that the Tree Preservation Code apply city- wide to preserve, enhance and create green area within the City, to ensure the preservation of existing trees, and to require maintenance of existing and installation of new trees throughout the City; and WHEREAS, section 110-376 of the City Code addresses the preservation of trees specifically during townhouse development and is inconsistent with the subsequently adopted Tree Preservation Code; and WHEREAS, the Tree Preservation Code repealed prior inconsistent ordinances such as 1 10- 376; and WHEREAS, given that section 110-376 is inconsistent with the provisions of the Tree Preservation Code, and has been repealed indirectly without reference, the City Council now desires to expressly repeal Section 110-376 in its entirety for purposes of removing it from the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance 09-2007 Page] of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Repeal of Section 110-376, City Code. Section 110-376 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby repealed in its entirety. Section 110-376 is set forth below for reference purposes only: Sec. 110-376. . IIII�Ir:1IR�lS�l t./�rll� �1�71f•.I�.L�1.1l�Al�l �•l�laa�l�l a P M-11 M 19II —N -M I I lel' - Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto 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. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance 09-2007 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 12007. 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 09-2007 Page 3 of 3 View Legal Ad# 915449 Print Window Close Window AD#915449-11 /24,2007 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. 07-2007 and Ordinance 09-2007 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, December 4, 2007. 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. 07-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CODE OR ORDINANCES CREATING AN APPELLATE REVIEW PROCEDURE FROM FINAL DECISIONS OF THE BOARD OF ADJUSTMENT OR COMMUNITY APPEARANCE BOARD TO THE CITY COUNCIL; MAKING CONFORMING AMENDMENTS TO CHAPTER 110, ZONING, CHAPTER 22, COMMUNITY DEVELOPMENT AND CHAPTER 98, SUBDIVISIONS; CLARIFYING THAT APPLICANTS ARE RESPONSIBLE TO PAY THE COST OF NOTICES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. ORDINANCE NO. 09-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REMOVING SECTION 10-376 FROM THE CITY CODE CONSISTENT WITH REPEAL PROVISION CONTAINED IN SECTION 4 OF ORDINANCE 05-2005; 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 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#: 915449 Publication: Florida Today First Published: 11-24-2007 Page 1 of 1 http://www.flatoday.nettlegals/display.htm?CMD=DISPLAY&ld=31056 11/26/2007 Meeting Type: Regular Meeting Date 12-04-07 AGENDA Heading Ordinances -l' Reading Item 9 No. I support the city treasurer's recommendation. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 11-2007, ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS AND EXPENDABLE TRUST FUND BUDGETS FOR THE FISCAL YEAR ENDING 09/30/07 DEPT./DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider at first reading Ordinance No. 11-2007, adopting the amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds and Expendable Trust Fund Budgets for the fiscal year ending 09-30-07, as recommended by the city treasurer. Summary Explanation & Background: The city treasurer will be available to answer questions about this proposed budget ordinance. I support the city treasurer's recommendation. Exhibits Attached: Ordinance No. 11-2007 and Budget Amendment Summary City Manager' Office Department ADMINISTRATION/FINANCE ca t im\my ocuments\admin\council\meeting\2007\12-04-07\11-2007.doc ORDINANCE NO. 11-2007 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE AMENDMENTS TO THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER UTILITY FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER 30, 2007; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2006, and ending September 30, 2007, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day December, 2007. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Leo Nicholas APPROVED AS TO FORM: Anthony A. Garganese, CITY ATTORNEY First Reading: Buzz Petsos Rocky Randels Shannon Roberts C:\Documents and Settings\bennettb\Local Settings\Temporary Internet Fi1es\0LK30\0RD - FINAL BUDGET ADOPTION.doc MEMORANDUM DATE: November 27, 2007 TO: Honorable Mayor and Members of the City Council FROM: Andrea Bowers City Treasurer SUBECT: Final Budget Report and Transfers for the Fiscal Year 2006/2007 Revenues The Fiscal Year 2006/2007 has been completed. Following is a brief review of the state of the Budget. Grants and Donations from Other Sources are reflecting the Non -Cash acquisition of the Ridgewood Avenue roadway. Removing Cash Forward and Non-cash donations from the mix, projected revenues finish the year at 102.4% collection. Planning Services and Legal Services in the Planning & Zoning Department have been increased to provide the funding required, due to the issues being addressed. Regular Salaries and Life and Health Insurance are reduced in the Building Department. These funds were not used due to the position remaining vacant. These funds are reallocated to cover the increase in expenditures in Planning & Zoning. The account Improvements Other Than Buildings is increased in the Streets Department representing the acquisition of Ridgewood Avenue from Brevard County. This is a non-cash contribution and is offset by the Grants and Donations in the revenue portion of the records. Specialized Legal Services are increased to cover the costs associated with litigation the City is involved in. Contingency is decreased to provide the balance of funding required for the above adjustments. This completes the requested Budget Amendments for the Fiscal Year 2006/2007. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. I- Q O O N t�0 O O N L m 4) L m c V N V LL d d Q = m L O N Jo - U N c m L 1,- O� 0 0 0 0 0 0 0 LO N M I-- O O Ln O LO O O O LO O c CO M� O m N O O N O r 00 O � It M UO N O O ' M 'T N CO O O�rl- (0 O Itt O O N- (0 r O�� O d 4) V O LO LO V N M (O P- O) O P- NM N M N N O CO N 0 0 0 (fl - N O N N N N NCO 3 lC Q m m N N r r O OLO O IM M O 7 •` O FES 01mQ I� O O O O O O O O N 0 0 0 0 O O O O pO O po y'pF �O�LO� OOOO co OM Gd %, O N N N O (O LO v O M m Q to i 'a O O LO LO O Cn O O ((00 O O� O 0 0 d CoCN O a? O I- It O 0) op M O O (0 O M O M N M 3 v v CMO (+r) m Q COCD M 4) O N C1 C d M = E C4 m a N r Cp 0 0 O O O O O O O O M 1- O O O LO O O O LO N M'T O w N O O N O m O N O fl- CO O M O p ++ d d C) O O L1') (O OLf) N 0 0 0 ' 0)' N O O O MO O O O) C N O - LO �- C) PZ M Ln O (M N � O M - O� (O M O M a m r 3 U) CN O N N N - O m m r V- N � ,3 N CD 04 O 4t _r N M N O N �h d � � E a) m y U Z C 3 �. a)O E p O U N o0 N a) .v a) Li Z OZ O > L Q d a) U 0 U a) •C y 0 U) Cl)- ` U a) �' O Q N to o EO C L + C to 'C .� O .O �_ p U = U N =' C O o L 7 V U N d 7 a ii a ii 7 J .cn ca N a) K LL E E c22a 4)u >_ c C m CU c W � � m o u E � o �° GC ai �+ w rn a) N N J co C O .� .a C 7 a K W (A a) a) C N Q. C 7 �_ d � �i o O aci ami � .o � 5� w� c N o .�- m E 7— x LLI .� w C �» a d o ci c li N= > v Q m 06 w a) - � C9000H�Q> CO o -a (Xa (cow .o °? .� m o o ��n aci *' -� X U o °? o ami w 'c HC7 J (7U Q ul�►��QUC7U N p1 x = O O d 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O t7 O O LO Nt J 0 r N N M N �t LO � Q N O O I,- 0 0 0 0 0 0 O �- 0 0 0 0 0 0 0 0 'a co -a N N N N M M It O ,a N N N N I - �- M co (M C6 M (M co M M � c d C���°'C)ti��0)d)O(A O N It LO CO (0 CO O O V C Lo LO LO LO Ln Ln LO LO Ln Ln LO J (7 M M M M M M M M M M M 4) , I _ , , . . , N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 O O Q Q 0 0 0 0 0 0 0 0 0 Q O (0 O 00 Cfl — O O Ln m LO N O O Lf) M O O O o o f- O (0 00 N O O d (0 In O M M L[) O O N M O c- I- O LI) N It I O (0 CO � M 00 O Ln O 0 In d d 0 q � CO M r_ N 1- 0) N Ln O Ln 1 M M S N p� Ln 00 N N N r Q m m O O O O Q r+ O O O O O 00 O CD CM y Ln M r v v O E M m Q OO O O O O O O O O O 0 0 0 0 0 0 I- O o 0 0 0 O O O O O LO O O O O O o 00 CD -� 0 C qt 0 LO O co co O O N LO O LO 00 LO LO C 0 G qt M m N N .. LC)N N Ln `..� Lf) M �- r- ` L �. v M Q m to I - O O O OCD -a O NIt 00r N m M Q t�0 O O cm o O L. N 0 c m d M �_ C m Q m U LL O CO o 00 t0 — O O LO O m N O LO Ln M 0 0 0 LO O CD O Il- O c0 c0 00 O O LO C0 LO O It co O LO O O N 00 O d C5 ++ d d V O r- LCA LO I- M0 O ct O It M w 00 M O U -)O N O O C M ++ O N .� Ln LO PI N N N CO r N N N M M 1 �- rl Ln �I�i co 00 r N O Cfl U O m o m 4- O 4- T- Ln L U rn 0 0 0 L o of tri tri H o 0 r m to m aD m Z U C: %- C C w+ 7 a) �.+ V v Q C i i CUN Ec a� c Q. ' 3 = 7 = = c ffiLU o w to X O N N = CO .ya- 0 � U)i co E :? a) Ln U) w v a C d C. � c fu a a� N a� CCL d Co c — N a•> v c c c m Q a od u d E a� .� W M c g LXU u� C Q E D ai c� rn a C rnm/� d// ac: LwU, C °� ami U � a( c aci � Ln d m •_ •c U) t� Y Aw��,+ W ww>�,+ W Li E W L U W ai E C w` �Z�( CO m CL t% aci a U) L 07 N ��cu m 0 0 0 aa) Q a c 0 0 ca a�-�ao a(Do LLuw U) c) a(DLuo5 �U 0 0 0- 0 O O N 0 0 0 0 0 0 0 0 0 0 0 0 0 , -q r- m N CL LO N d C0 LL O N O M O 4 O 4 O O O N O Lo N CO O N M N 't N O g O q m C9 = co M 't 't LO 'ctLn 'tr N N M q It It d In LO LO Ln CO Lo Lo U-) Lo Lo r r N 'Ct It -q It It It"Im 4 4 rl V I d C lfi LLi r- In LLi LO N l(j N l[1 � N Ln V N m N m N LO N LO N Ln N Ltd N LO N LO N LO N In N lfi N Lii N L(j = J M M M M M _ Lf) r- d 0 0 i 0 i 0 i 0 0 0 0 C0 i C0 i O O CO E E E 00000a 00a 0a 0000000000000a I- 40 O O N co O O N m m C m N V LL d Q = m L U0 O N L vN C m L r+ d V) 13 7 vi O r LO O f— O O O M Ln O M LO C) 6) M O O O p O N O LO O O CO O N O O T N O LOO -p r 00 CO 0) i,- M Cfl It O O M ' CO �— O r Cfl LO p O N 0) C 0) N cli LON M r M N M CV 00 LO e- 3 N N N -a m N am O O N C y -p U') p C C) C M G 0) r M � 0 ooLn 0000000 o Oo� UOO000Lno CO LO O N v LO � 00 O M U) C 04 O"D 0 M v`-'� C4 cNi O N C'7 3 E oma 0 0 0 0 0 0 0 LO C) o m�d �N� v(0'to m o N C) C N y r .- M M C m Q Cl) m o 0 0 N o 0 d N T- mo(M M m E N m Q r O LO O I- O O O LO O O O M LO O O) M LO O O O N fl- m O O Cfl O N O m O N Lf) M qt O CO O O p r a) � M� �� O O m O O L1j M O Cfl ' p p C O N N M CO CO M Ln Uj N N M M O L O N O N M N 00 N O m N O � m M p N O ti N O O �V O r N O a) E R CT Z U N N r C d d N C (a :3 L L C L 0 mair d 7 N It C Q G1 cu .S " Q d ,c Q. m a 4) L) c� aa)i W d °� H W d v cn E L`o W d �a d cu 0 m CLO C` m Q O od ) :i D .� a 06 _ c a) j a +r V N K CL cn U2cj� v> ac d w v L _p o d .E J W D ca X C6 c 0)'i rn� E C Z d E 0 r A+ c aa)i G d( m Wr y CD N p a) C " N V W y a) oa a) � !n ` V m J E Q' (/� N aJ d .� �' c E E a� > (0 E� E a) d m C9 iC v Q '� a� ° (D E C a) '� 'cn m>° o CU Q w v m C '� —� +r U a) Q o- E m p O r ai Ltu u a c m W d aci d a d fn cn LL CD m w 0� cn 2 L) W o :D C� Q m J CO N 4)d _ L 0 0 0 0 0 0 0 0 0 0 4) 0 0 0 0 0 0 0 0 0 0 V NO C 0 0 N O COM 0 0 ++ 't O O N O M O O LC) N M CM d r EN LO CO CO N N M qt M CO ,'it O O N N qt U qt Ln co CO M J N d qt d' LO Ui LO U� CO M M qt 'IT LO Ln LO N N . r r r r O O O O O N O) 0) CN d V It �'T qzT 't qt Itt ItqCT N N N N N N N U7 U) U) to d U7 4) C LO In lLj Ln LC) lf) In 11j l,n l(j U? In m Ln LO LO LC) ' ' � i J ti ff 4) CA 0) LT CA CA 6 y r r r r d e- N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O C) 0 O O O o o O 0 0 Q O 0 o O 0 o O Q 0 o O o Q o a 0 LO 0 N 0�0 N O�0 LO o r- rr N M N N 't 00 Lc) N =p m O O a m N N o -a O N 3 E m a' as S' ao 0 0 0 0 t. N .Q d O v `-LO � N O O � Cp d 'O O= r CO O N O N i� N 'a CD CT 5 M O O O CD 0 O C N = O Cn CO &Z c i E . ` N Q }till. kF C � N m U- O O CO O O O Nt O O p 0 O O� C C 0� p C) C, t O 4) 07 C 00 O N U-) O tf) N C7 � O N O � O o 00 pp o L =a V �a5 y G N o 0 _ LCA p �u N N O N .a U) }+ m R C C k d m W > a E d X Z N W N ++ C _ a! OQ E G% C. cu d w+ d r c� O K _ Ctfw o0 U. 7 'o to N c G1 N k C K W m mW O d H .L 0 0)o r 3 a C. CO C 7 C ° a a° C �' C a) d E d 'a d M o = 0 o 01 U- 'cn � c a) -C y O o am 3a E Z U) r U cm U o U 0) WU w W W O E O O O N O O d O d O O O O _O r O O o V O C) E M L) M M CNO C Z 0 O o O CL d1L9.a d 0 0 0 0 CA 0 (A 0 T 4) .a -a d N d M J i i C y N O d 0 a 000000 a a a LO M OO O O �n000000'T U) 0 0 0 qt Cl) O 0) ' O O (0U') O m qt r is CV) LO O N t0 °- Lo LO a0°co 4 t. CD CD a 3 #` M m O O OO O O O 0 'O U) U')O O O O Nr - M O O O d 'a � O O O N 7 dCN C6 C6 LO O r N M m 0 o O L O y 'C O O O O O O N O C M M qt N d M' r r O N O M 4) > � V 9 N V LL c'`) O ti 0 0� 0 0 0 d �p O V Ch � � O' It O LQ O (CU) O O lqzt Q i r+ O C N " r N O N lf) CO � m M V O o m 10 4- 4- o N T- L C) JT N o o c .- CD 0 C o o o m M M M M nw.", ti s: ,x l0 O C Z 7 m U) Ov V co rcn U) O 7 a m C: U) o a U) ww O Q) E N 7 m C. CD 3 O = > c m a) m_ c O Q N K W O i C U) N Q > Q d cu E y C r. O Q' (n 0) >' r O .Q O C C 7 d LLC> �' E K C lL D) C d L G1 OL _ C LL cn d C O C cn .0 U N ..2 co E — n N C C O 0 c0 k a � � L d CU � � d1 � m� Q L � C� O M Ix C) - W d'U c v W HQOUfnJ�U w R O O 3 C) 0 0 0 0 0 0 0 E p � (h 00 O O co O Ln O Lo O O O N N N co co 0 cc p J J 00 m In CO O O m O 'C f` y � d Lf" d d l Lf� d J M 4) N C M M C --- O � Q O C) d i i lfi d i i i In In In I.f) d a O O C) C) 0 0 0 0 0 0 0 0 0 0 a ti O O OE M O CD m Q LO 0 r (D U) O O LO 0 0 0 0 0 0 0 0 0N f- O O Lo p 0 0 0 00 0 O O O O O O 0 0 0 0 0 0 O O O O O O I,- O Ln O Il- 1 �- M 0 0 0 0 0 0 0 0 0 0 i-_ O O I` ;a Il- O r- O m N 0 0 0 0 0 0 U) (D O U-) 0 m I�- O "F M O d 'a p d d V M CO Ln N M - M O M M C O N N V O (O r�: O Ln 00 p p U) 04 'ITLO (O N M M r r O (0 O O � .N. O N In r co v N LO O vN .- a00m ti O O OE M O CD m Q 0 0 0 00 0 O O O O O O 0 0 0 0 0 0 O O O O O O ;a O d 'a N O O N O O O O O Ln C) Ln N 'd .N. O N In r co v N LO O vN O O N v �00Q i 'O 00 LO O O O O O O O O O Ln - N O O O O O O O O O I- p p 4) C d O U7 O O O O O O O O M cNi 4 O ti N .p d r f M C4 N N O) co (fl t O p O N M m O O coo ' p , L O d O O O f� N m d N O C M 3 O O rl Ln co p e- a) >} O N0°a." C V LL' c0 O 0 0 0 0 U) O O O O O O O O O N O O O (p co O CO O LO O LO O � M O O O O O O O O O O O O O d p O) O N O d' 0 C C 0 C Lf) C C Ci C C C 0 N' Q. d O C co c0 I,- LO O N O 00 U) O (O I,- M I,- O M O LO O rl fl- O +�+ N •a d 00 CO M O N (O V m 4- O y r U � O �%- O � O � O O d m Zca LL C U d C 0 (AN C CU r C C O d C Ln > d QcC6 C: Q d C: U) N (0 U) (�E C' C LUd Ix .0 U (n CU C X 7 j v7 F- N 'C C LL d _� O (a 'U J N °2S > L C N O E 7 N U- U U) N 7 0 .. C 'a3 > d 0) V otj O .� !� N 7 0 a 0) Q E O W d c�� a _ cU�c a��c�� `���.�� ��� a =3 w > ui °r _ = - - c. CD rn rn C c °) o Lo c 5 m' 5 o c r > a� �U W -0 W W 41WUHU' o0U(nU' wU)LL�UU LO LL p'(n d O O O O O O N 0 0 0 0 0 0 0 0 0 LIQ O O CD E 3 O N M O O O N O M t LO (O h M O O O O O r" � O LO O O N N N N N 3 L O O N N� M M� M r' M M M 'ct � It Ln LO LO LO M � LO LO LO CO CO (D M d Op .� O 6 6 6 6 6 6 In 6 6 6 LO lf) Ln L!7 LO U) LO Uj LO LO � CD v% 'a M M M M M M M M M M M M M M M M co M co M p O LO LO LO In LO Lfi Ui Ln V) Ln LO Ln LO LO LO Ln LO Ln U-) In . O O O O O O O O O O O O O O O O O O O O O O44, M J M M C r r r r �- C M C O 0 E 0 0 0 0 o 0 0 0 o 0 0 0 0 0 o 0 0 0 0 0 ,It It �����'tqT�It������It�It't'ta �a 0 0 0 0 0 O O Ln N O N O O Ln Cfl — O ' d 00 M 00 qt M N mCo Q ti O O O3 E M m Q � O CD O E M m Q co O O O O O Nt C) 't 00 4) O N O L L� LO r ti N 'a 4) (O v N d O 3 N M m Q to O O tV O L O 4)LQ = Vi N 00 00 t d —C,4 7 LC E N m Q � � r C � N LL 0 0 0 0 0 0 00 N C)V oCDLLO LO (U c� 4) (00LLn Q. O to C N M Ln � O co In CA M CD LO L V �F N O C o � o O w d O .a m m N E C w Zm =a � — c � C m x V N N W C ... cn LB 0 0 -r Z CC LL d C a 0 C a) CU a) 'co w N a w co d O C CU Q. >, L. r 7 2 c 0 E C r .c: W N () a)a O Q .0 K O a) a CL L. >, w 0 +� W U CD cq w 0 u. U 3 OOOOOOLnO E O O �— N O O— O ICTV� Cfl Cfl N co co CA L p E co It 'IT ct U') co CO O a+ (D o0 00 co o0 M CO CD w Ui Ln LC) LO Ln LLQ Ln Ln C o0 CO Cb 00 00 op OO 00 C'7C'7 C'7 Ch M M (� co41 0 0 0 0 0 0 0 0 E It It d � q;T 't It d Q Meeting Type: Regular Meeting Date: 12-04-07 AGENDA Heading Discussion Item 10 No. John Deere 5525 Tractor - $39,901.60 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PURCHASE OF A BEACH CLEANING MACHINE AND TRACTOR DEPT/DIVISION: PUBLIC WORKS Requested Action: City Council consider to jointly purchase with the City of Cocoa Beach a Barber beach cleaning machine and a John Deere Tractor Summary Explanation & Background: The proposal is to split the cost: Barber Beach Cleaning Machine - $44,780.00 John Deere 5525 Tractor - $39,901.60 Cape Canaveral's cost: $40,840.80 Funds would have to be appropriated from General Fund Reserves. Staff will prepare the appropriate paperwork with the City of Cocoa Beach to be approved at a future meeting. Attached are the State's beach cleaning guidelines we are required to adhere to. Please advise. Exhibits Attached: Quotes on equipment; Beach cleaning guidelines City Manager's ffice Department PUBLIC WORKS nt im\ ents\admin\council\meeting\2007\12-04-07\beach.doc Share the Beach - Sea Turtle Nesting Season I Boating Fishing Hunting Licenses/Permits Viewing Ask FWC Search SHARE THE BEACI Guidelines For Beach Cleaning During Sea Turtle Nesting Season Beach Cleaning Pagel of 2 GO SiteMap Beach cleaning involves the removal of material left by the tides or beach goers on Florida's sandy shorelines. Stranded seaweed provides an important food source for beach and nearshore food chains, and should be left in place when possible. Human debris can pose a hazard to humans and animals, and should be removed. The use of mechanized beach cleaning equipment is limited during certain times of the year when threatened and endangered sea turtles are nesting. Those beach cleaners willing to commit to special protections for sea turtles can continue to operate and share the beach with Florida's sea turtles The Florida Department of Environmental Protection (DEP) regulates mechanized beach cleaning under the Florida Beach & Shore Preservation Act, Florida Statute 161. In order for beach cleaning to occur during nesting season, FWC and DEP have developed special conditions to protect marine turtles, their nests and hatchlings. In higher density areas where marking every nest is not feasible, non-mechanical methods of cleaning, such as hand raking, may be necessary. Beach Cleaning Conditions Because of the high density of turtle nests `n Brevard rough Broward Counties, special protection measures are required during the sea turtle nes eason (March 1 through October 31) to protect nests: 1. Cleaning can only occur seaward of the high tide line and only during the day. 2. Cleaning can only occur after a Marine Turtle Permit Holder authorized by FWC has surveyed the beach for sea turtle nests . 3. It is the beach cleaner's responsibility to contract with a Permit Holder to conduct nesting surveys during nesting season. 4. If no surveys are done, no cleaning can occur for up to 65 days or until after the end of the nesting season. 5. The Permit Holder must mark all nests within 10 feet of the high tide line. 6. Only equipment with 10 -PSI tire pressure can operate on the beach. 7. Cleaning equipment must not penetrate more than two inches into the beach surface. 8. All material collected must be removed from the beach. 9. Cleaning equipment must stay at least 10 feet from salt -tolerant vegetation. Common Questions about Beach Cleaning What authorizations do I need to beach clean? To clean the beach using mechanized equipment, you need a permit from the Florida Department of Environmental Protection. You may also need a permit from your County or City. Where is sea turtle nesting habitat? http://myfwc.com/seaturtle/Beach%20Activities/Beach Cleaning.htm 11/27/2007 Share the Beach - Sea Turtle Nesting Season Page 2 of 2 Nesting habitat includes all sandy beaches adjoining the waters of the Atlantic Ocean, the Gulf of Mexico, and the Straits of Florida in all coastal counties and all inlet shorelines of those beaches (F.A.C. 626-55.003). On the beach, nesting habitat extends from the high tide line to the top of the dune or seawall. When is sea turtle nesting season? Sea turtle nesting season starts March 1 in Brevard through Broward Counties (where most leatherback nesting occurs). In all other counties, May 1 is the start of sea turtle nesting season. Although most nesting is finished by September, the nesting season extends through October 31, when most eggs have hatched (F.A.C. 6213-55). Can I bury seaweed on the beach? You may request to bury organic matter in the wet portion of the beach on an ebb tide. All other material must be removed immediately from the beach. Why can't I just avoid the turtle crawls? Data on the number of sea turtle emergences are used to determine the "status" of sea turtle species whether they're endangered or threatened. The state has worked hard to standardize their survey procedures to provide the best data possible. It is impossible to assess turtle tracks, or to determine whether the turtle nested or not, on a beach after mechanical cleaning has occurred. Who to call: To obtain a beach cleaning permit: Florida Department of Environmental Protection (DEP) 1-877-314-1329 To find a Marine Turtle Permit Holder: Florida Fish & Wildlife Conservation Commission (FWC) 1-850-922-4330 To report unauthorized beach cleaning: Florida Fish & Wildlife Conservation Commission 1-888-404-FWCC Florida Fish and Wildlife Conservation Commission i I Farris Bryant Building • 620 S. Meridian St. • Tallahassee, FL 32399-1600 • (850) 488-4676 - - , Technical Help • Copyright © 1999-2007 State of Florida • Site Map f-Sgg.404- EEO/AA/ADA • Privacy Statement • Advertising Statement & Disclaimer FWCC f" http://myfwc.com/seaturtle/Beach%20Activities/Beach Cleaning.htm 11/27/2007 2006 -Dec -04 02:46 PM H. Barber & Sons, Inc 2037294000 ER F'/x� December 4, 2006 Charles "Chuck" Bilias City of Cocoa Beach Town Hall 1/ia facsimile: (321) 868-3226 2 South Orlando Avenue Cocoa Beach, FL Dear Mr. Bilias: Thank you for the opportunity to demonstrate the Barber SURF RAKE for you and your colleagues at the City of Cocoa Beach last week. Chris Kelly and TJ Chapman were pleased to make your acquaintance and have asked that I provide you with information and pricing for the Barber SURF RAKE Model 600HD. Pursuant to your request, please find our proposal for the purchase of a new SURF RAKE Model 600HD One 2006/2007 New Barber SURF RAKE Model 600HD $45,800.00 Automatic Lubrication System 2,600.00 Finisher Attachment 1,800.00 Hot Dip Galvanizing 2_ 0_� 00.00 Machine Price FOB Naugatuck, CT $52,100.00 The above unit includes a two (2) year all inclusive machine warranty, five (5) year warranty on the NSR material of the conveyor and a ten (10) year rust through on the Hot Dip Galvanized machine frame. PIGGY BACK H. Barber & Sons, Inc. is also pleased to extend the terms (piggy back) the City of Fort Lauderdale Bid Number, 262-9421, dated February 16, 2006 resulting in City of Fort Lauderdale Purchase in the amount of $44,780.00 for the above referenced Barber SURF RAKE equipment. If you would like more detail on the specifications from the above referenced bid, please let me know. We thank you again for the opportunity to introduce the Barber SURF RAKE to the City of Cocoa Beach. We look forward to working with you as you endeavor to upgrade the City's beach cleaning program. ery best regards, C(� Alissa Corcoran H. Barber & Sons, Inc. t H. Barber & Sons, Inc. 15 RayticMch Dr, Naugatuck, CT 06770 USA TEL- 203.729.9000 FAX: 203.729.4000 www.hbarbercom 1/1 Oct 29 2007 8:56AM Highland Turf & Tractor Prepared For Chuck Kanable Equipment Name: John Deere 5525 TRACTOR Serial Number; 321-254-1957 p.3 Prepared By BRIAN DEVRIES Equipment Quantity: 1 6720E 5 Salesperson: X Quote Expires : Oct 31, 2007 Total Accepted By: X UtiI4 Tractor 0510 owr12 Cab - R2 M2 1 1 004 FW 4 Wheel Drive) 1 -650 0 1 510 ab 5,773.0 2220 12F/12R PowrReverser with 5401540 -E -PTO— 1 1 8,884.0 3015 ertical Exhaust 1 2,685.0 4055 16:.9-30 In. 6PR R1 Bias 1 0.0 6451 11.2-24 In. 8PR R1 Bias (SuperTraction) 1 -888.0 7020 Dual Rear Valve with Lever Controls 1 21.0 7220 Dual Mid Valve with oystick Control 1 1,006.0 1,006.0 7520 ockshaft with Telescoping Draft Links 1 8005 Mechanical 1 285.00 LVB25712 iper with Washer Kit -Rear Window 1 0 0 reight 225.0 ubtotal 241.5 DISCOUNT 50,557.5 ota l 13,655.9 36, 901.6 Salesperson: X Quote Expires : Oct 31, 2007 Total Accepted By: X THE COMPLETE LINE OF BARBER SURF RAKES" Model 60OHD At 3,800 pounds, the 60OHD is H. Garber & Sons' largest Surf Rake". 11 has been successfully used in a variety of municipal applications. Gleaning up to eight acres an hour with its seven foot wide cleaning width, Model 40OHD The model 40OHD is an excellent choice for resorts, hote communities. At 2,700 pounds, it is H. Barber & Sons' m Surf Rake. The 40OHD is equipped with a one cubic yar hopper which will lift 2,400 pounds of debris to a dumpinc height of eight and a half feet. This mid -shred model uses the same heavy-duty conveyor and dump components as the 6001-11D. The 40OHD can clean up to five acres per hour. the 60OHD has the greatest cleaning capacity of any beachcleaner. The 2 cubic yard hopper can lift up to 3;700. pounds of material and,.dump Its contents hydraulically from a.clearance height of nine feet. model 4001-11D, the model 400 is the smallest Surf Rake. It weighs 1,900 pounds and can lift up to 2,000 pounds in its 3/4 cubic yard hopper. Its hydraulic dump discards material neatly on the ground. Within one hour, the model 400 can effectively clean up to four acres. HOW IT 'WORKS . , 2pri _WTines The Barber Surf Rakee is a unique mechanical rake operated by one person from the seat of a towing tractor. It provides safe, fast and efficient beach cleaning. Here is how it works: I. The mldboa levels uneven areas in the sand. 2. Stainless steel Spring nes mounted on a belt -covered bar flight conveyor, rake debris from the sand toward 3. an adjustable clefiecto plate. As a result, refuse is deposited on 4. the elevating portion of the con�exar to S. the hydraulically raised and tripped hopper. The result: a clean, safe and well -manicured beoch. {I HYDRAUUC DRIVE The: Barber Surf Rakes features a new hydraulic drive for.smooth operation with major advantages. First, it provides excellent maneuverability. Power is transferred through a flexible hose, allowing the Surf Rake" to clean while fuming in the lightest of areas. Second, the Surf Roke`s' How. control permits fine adjustments of the conveyor belt speed, independent of the tractor. Third, the hydraulic drive promotes operator safety by eliminat- ingexposed turning.sholts. Fourth, the adjustable overflow engages and resets automati- cally to protect the. Surf Rake kom oversized objects. EXTRA MEN&M STAIN- LESS S:MEL TIME IP- A new., double torsion, three coil stainless steel tine offers long life, great durability and resistance to corrosion. 7"fF1'Cirl OUGH CLEANING Hundreds of stainless steel lines, mounted in offset rows; rake through the sand every second, removing the unwonted debris. Even the smallest objects such as glass, cigarette butts and pop -tops are captured by the Surf Rake' and deposited inthe hopper. MODELS HYDRAULIC DRIVE HYDRAULIC FLOW HYDRAULIC CAPACITY CYLINDERS CONVEYOR HOPPER DUMP HEIGHT TIRES OPERATING SPEEDS CLEANING WIDTH CLEANING DEPTH DIMENSIONS WEIGHT PAINT FINISHING ATTACHMENT GALVANIZATION PERFORMANCE TRACTOR REQUIREMENTS DEBRIS REMOVED SPECIFICATIONS 60OHD Completely sealed and protected by full flow filter. Large capacity spline mounted cast iron pump, hydraulic motor, flaw control, and built-in overflow protection. 12 gallons per minute 1.3 gallons Lift 3 1/2 " 18 " single acting Trip 2 " x 5 " single acting Of bar Night type with chain and sprocket drive; covered with continuous 6' widB belt, and mounted thereon stainless steel spring tines. 2 cubic yard (3700#cap.) Hot dip galvanized 9 feet 36 x 13.5 x 15 high Notatation design 1.0 to 15.0 miles per hour 7 feet (6 feet of deep cleaning) Adjustable to 6 ar r r. /y i 46OHD 406 Completely sealed and protected Completely sealed and protected by full flow filter. Large. capacity by full flow filter. Large capacity spline mounted cast iron pump, spline mounted cast iron pump, Hydraulic motor, flow control, hydraulic motor, flow control., and built-in overflow protection. and built-in overflow protection. 12 gallons per minute 12 gallons per minute 10 gallons 10 gallons Lift 3 1/2 " x 18 " single acting Trip 1 1/2 x 1.0 " single acting Trip 2 " x 5 " single acti>xg .Of bar'Niht type with chain and Of itor Hight type with chain and sprocket rive covered with con- sprocket drive covered with con- hnuous 4 wine belt, and mount- tinuous d w;Je belt, and mount- ed thereon stainless steel spring ed thereon stoinless steel spring tines. tines 1 cubic yard (2400#cap:) 3/4 cubic yard (2000#cap.)' Hot .dip galvanized 8 1/2 feet 31 x 13.5 x 15 high Notation design 1,0 to 15.0 miles per hour 6 feet (4 feet of deep cleaning) Adjustable to 6 " Ground 1x13.5x15high ototion design 10 to 15.0 miles per hour 6'feet (d feet of deep cleaning) Adjustable to 6 " Height: 76 " Len the 13'1 " Height: 76 " Length: 11'9 " Height: 4'5 " Length: 9'10 Witth: 7,6 Width: 76 " Width: Tb Approximately 3800# Approximately 2700# Approximately 1900# Dupont IMRON0 Poiyureth. ane enamel Du,�nt )MRON0 Potyurethane enamel Du ant )MRONO Po(yuret ane enamel' To smooth the sand and elimi- nate tris marks for a minimum 9 To smooth the sand and eliminate fire marks for a minimum 9 foot To smooth the sand and eliminate tirexnarks for a minimum 9 foot foot wide path- optional. wide path- optional. wide path- optional. All frame and body parts Hot Dip Galvanized- optional. All frame and body parts Hot Dip Galvanized - optional All frott7a and body parts Hot Dip Galvanized - optional. Cleans 2 to 8 acres per hour Cleans 1 to 5 acres per hour Cleans 1 to 4 acres per hour 60 PTO horsepower 4 -wheel drive agricultural a tractor 35 PTO horsepower 4 -wheel drive agricultural a tractor 30 PTO hoc epower 4 -wheel drive a ricu�tura) type tractor with 2 rear wheels with 30'' rear whe s. with 2$ rear wh 5 540 RPM rear PTO, 3 paint hitch, and 1 remote hydraulic valve (minimum) with raise, hold, and float positions. This is a general guideline. Larger or smaller tractors may be used depending on beach conditions. Broken glass, plastic, syringes, cigarette butt's, pop tops, straws, dans, tar balls, stones 1/2" to 4" in diameter, sea grass, seaweed, fish, small pieces of wood. The manufacturer reserves the right to change the specifications without notice and without incurring obligation. The information contained herein is from data available at the time of printing. Q :Y ��' M .NaNw available, BARBER offers an electrically powered Automatic Lubrication System that delivers lubricant to all conveyor bearings at regular intervals. .......... . J ii' 1i fit 1.25 liter reservoir holds lubricant sufficient for more than 250 hours of operation The Manufocluror twelves the right to chonge specifications w6out nolke and wilhotil incurring obft9olion 20 2 H Bor6er & Sons, Inc, All rights ieserved, AGS32AS01-02 Following extensive preparation, the entire steel frame of the machine is immersed in molten zinc creating a tough proteefive coating, which is metallurgically bonded to the steel. Following gaivan.ization the frame receives a high quality industrial paint for a final layer of protection. Order your new Barber machine Galvanized! The manufacturer reserves the right to Change specifications wit, opt h notice and Wthout.,obligation. HOGAL-02 Q2002 H. Barber& Sons, Inc. All Aghts reserved. L `1 § K /<»\ f�. : \ .\ «2 \./ / } 7 °s \ / Cb\^\ \d & ƒ / $ a I f