HomeMy WebLinkAboutPacket 11-20-2007 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
City of Cape Canaveral
JNCIL REGULAR MEETING
NTY HALL ANNEX
enue, Cape Canaveral, Florida
TUESDAY
lovember 20, 2007
7:00 PM
AGENDA
OATH OF OFFICE: Buzz Petsos
Shannon Roberts
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.
RESOLUTION:
Motion to Approve Resolution No. 2007-37; Electing a Mayor Pro Tem.
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 6"', General Election Results.
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
FCIty of Cape Canaveral, Florida
City Council Regular Meeting
November 20, 2007
Page 2 of 3
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.
CONSIDERATIONS:
8. Proposal for a Marketing & Promotional Video in the Amount of $10,000.
9. Cooperative Purchase of an Emergency Generator for Sewage Lift Station No. 1, in
the Amount of $59,370.
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.
11. Motion to Approve: Ordinance No. 09-2007, Repealing City Code Section 110-376,
related to Preservation of Trees, at First Reading.
12. Motion to Approve: Ordinance No. 10-2007, Amending Section 110-491, Setting
Forth Off -Street Parking Requirements for Resort Dwellings, at First Reading.
DISCUSSION:
13. Ocean Woods Homeowners Association, Inc. Request for the City to Assume the
Maintenance Responsibilities of Their Storm and Sanitary Sewers.
REPORTS:
City Manager
Staff
PIty of Cape Canaveral, Florida
City Council Regular Meeting
November 20, 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 Clerk's office (868-1221) 48 hours in advance of the meeting.
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Resolutions
Item
1
No.
Resolution No. 2007-37
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-37, APPOINTING A MAYOR PRO TEM
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council appoint a Mayor Pro Tem as required by the City Charter.
Summary Explanation & Background:
Council Member Bob Hoog served as Mayor Pro Tem this past year.
Please advise.
Exhibits Attached:
Resolution No. 2007-37
City Manage flee
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2007\11-20-07\2007-37.doc
RESOLUTION NO. 2007-37
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; ELECTING A MAYOR PRO TEM OF THE CITY OF CAPE
CANAVERAL; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Article V, Section 4, of the Charter of the City of Cape Canaveral, Florida,
requires the City Council to annually elect from its membership a Mayor Pro Tem.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Brevard County, Florida, as follows:
CFrTInK1 I
is hereby elected as Mayor Pro Tem of the City of Cape
Canaveral, Florida, said Mayor Pro Tem is authorized and directed to undertake the duties and
responsibilities of Mayor Pro Tem, in conformity with the City Charter, and to serve in such
capacity until the next annual election.
SECTION 2. This Resolution shall become effective immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th day of
November, 2007.
ATTEST:
Rocky Randels, Mayor
Name
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\Elections\2007 Mayor Pro Tem Appointment.doc
For Against
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
October 16, 2007
7:00 PM
MINUTES
CALL TO ORDER:
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Hoog
Council Member
Leo Nicholas
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
City Treasurer
Andrea Bowers
Building Official
Todd Morley
Public Works Director
Walter Bandish
Assistant Public Works Director
Jeff Ratliff
PRESENTATION:
Commissioner Chuck Nelson
Commissioner Chuck Nelson addressed the Council and introduced his Aide, Liz Alward.
Commissioner Nelson expressed that although the State developed a tax rate formula, the
County was required to cut expenses by 9 percent and in effect cut 10 percent. He
reported on the metal pod opening and the fourth tent at the jail at $7.2 million, which
created positions for 80 new officers. However, beach re -nourishment was cut.
Commissioner Nelson related that all County employees including those in Public Safety
received an increase at a cost of $3 million. He informed that the County Commission was
setting aside $1.4 million for the Viera Court House for two and possibly, four new judges.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 2 of 14
Commissioner Nelson concluded that the Commission funded $1 million for the January
election related tax reduction. He also made note that 80 positions were lost.
Commissioner Nelson informed how the County Commission was active with the
Legislative delegation due to the anticipated loss of 8,000 jobs in the space program. He
noted the lack of diversification in the Space program and for the first time, the final
assembly of a space vehicle would occur in Brevard County. He stated that the County
continues to work with the Economic Development Commission and Space Florida related
to the industry. Commissioner Nelson reported that the State of Colorado ranked second
in the Space program and the State of Florida now ranked fifth after the State of New
Jersey.
Commissioner Nelson reported that the Commission would proceed with discussion of the
Thousand Islands acquisition. He stated that a super majority vote was needed for the
acquisition; however, a 3-2 vote occurred. He informed that four levels of appraisal were
performed which ranked the property on inability to development to fully developed.
Commissioner Nelson referred to City Council member's previous questions on a fair -
share amount of funding that the City could anticipate for its tax revenue. He expressed his
intent to provide an answer to Council's question. Commissioner Nelson commended the
friendly, cooperative relationship that existed in District 2. Mayor Randels recognized the
part that the County played in the Joint Use Playground at Cape View Elementary.
Ms. Roberts questioned Commissioner Nelson on the North Atlantic Avenue corridor.
Commissioner Nelson related that Mr. John Denehoff was working with the City Manager
on that project and acknowledged concern for the Shorewood Drive area. Ms. Roberts
related that the community was seeking a timeline. Commissioner Nelson replied that he
was willing to work with the City Manager to achieve a timeline. Mr. Nicholas asked for the
Commissioner's office location. Commissioner Nelson replied that the District 2 office was
located in the 2575 North Courtenay Parkway building on the Second Floor and the
telephone is (321) 454-6601. He informed that he has a walk-in at the Cocoa Beach
Library once a month and Cape Canaveral residents were welcome to meet with him.
Mr. Petsos referred to State Road Al regarding a west turn lane for vehicles traveling
north due to the increased development in that area. Commissioner Nelson affirmed that
he contact the Transportation Department. Mr. Petsos asked if there were any plans or
funding to upgrade the Avon -by -the -Sea portion of the Ridgewood Avenue project.
Commissioner Nelson replied the County had a copy of the plan; however, unfortunately,
tax cuts placed a burden on expenditures and there were right-of-way acquisition issues.
He concluded that County General Fund money was used for bonds for road
improvements; and now that money was not available. When the County sought bonds
again, he would seek funding for District 2 projects. Mr. Petsos expressed the Council's
interest in using the Cape Canaveral Library Meeting Room. Commissioner replied that he
was aware of the issue. Mr. Petsos concluded that the City was reaching $4 million in tax
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 3 of 14
funding to the County but thanked Commissioner Nelson for his intention to look into that
issue.
Mayor Pro Tem Hoog inquired about 80 positions that were eliminated, but were funded in
the budget. Commissioner Nelson explained that with 2,000 employees there were many
vacant positions at any given time. He informed that the positions cut were mostly
management and there were also some in recreation due to program cuts. Mayor Pro
Tem Hoog asked if the Tax Office was closed due to eliminating some of the positions.
Commissioner Nelson informed that the Tax Collector's office moved to Crockett Blvd. in
the Old Winn Dixie Shopping Center. Commissioner Nelson replied to Mayor Pro Tem
Hoog's question related to the City's acquisition of Cherie Down Park that he was
supportive of that transition. Commissioner Nelson clarified that he was available at the
Cocoa Beach Library on the last Friday of each month.
Mayor Randels extended Commissioner Nelson an invitation to a citywide Ice Cream
Social for a presentation of the Convention Center project at the Port. Mayor Randels
acknowledged that the County Library Program experienced a $2 million cut.
A representative of the Federation of Manufactured Homes asked if tracts of land near
State Road 1-95 could be used for affordable housing. She also asked why Florida was
not part of the National Insurance Pool. Commissioner Nelson replied that her insurance
question was one for the State Legislature. However, the County did pass an Affordable
Housing Ordinance and they allowed for some density bonuses.
Ms. Roberts reminded of two other aspects related to State Road Al A.- 1) the 35 miles -
per -hour speed limit for safety purposes, and 2) to encourage bus shelters and benches.
Commissioner Nelson informed that Cocoa Beach paid for their bus shelters; however,
grant funding might exist for such a project. Mayor Randels informed that the Florida
Department of Transportation encouraged the City to stay out of the "clear' zone.
Commissioner Nelson thanked the Council and the audience of the opportunity to speak.
Fall Beautification Award — Oceanside Palms Condominiums — 321 Johnson Ave.
Mayor Randels called on Ms. Judy Hale to present the Fall Beautification Award for
Multi -Family to Oceanside Palms Condominiums. Ms. Hale informed that the landscaping
was beautifully done and can be seen in the interior of the complex and she encouraged
the audience to visit the inner area. There was no representative from the Condominium
to receive the award. Mayor Randels informed that the Beautification Board also
recognized landscaping efforts with a "We Noticed" award that was given periodically.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 4 of 14
REPORTS:
City Council Members
Council Member Roberts
• Ms. Roberts related that some residents reported how the pond at McDonald's
was in need of cleaning.
• Ms. Roberts made note that two themes that came up during the Fall Community
Festival were: 1) underground utilities, and 2) a recycling program.
• Ms. Roberts announced a League of Women Voters Meet the Candidate's forum
on Thursday, November 15t at the Cape Canaveral Library from 6 - 7 P.M. Mr.
Boucher suggested putting this announcement on the City web site.
• Ms. Roberts asked for the status of the stoplight at Shorewood Drive. Mr.
Boucher replied that the project was under review. He met with the Chief Traffic
Engineer who still had reservations related to the turn lane.
• Ms. Roberts noted that the City Manager would schedule a Fall Town Meeting
related to the North Atlantic Avenue corridor.
Council Member Nicholas
Mr. Nicholas encouraged expending funds from the City's recycling program for
recycling education at the school.
Mr. Nicholas related how some residents had expressed concern with speeding on
Long Point Road west of State Road AIA. He requested for staff look into this
concern.
• Mr. Nicholas stated that discussion at the Beautification Board related to a
Health Walk (Life Trail) in the Residence Inn area. He requested coordination
between the City and the Residence Inn on the logo in order not to promote a
commercial venture. Mr. Boucher informed that the Recreation Board would select
the type of trail at their next meeting. Discussion clarified that the Health Walk was
not an amenity for the hotel.
• Mr. Nicholas questioned the hours related to construction noise. Walter
Bandish, Acting Public Works Director, replied 7 A.M. to 7 P.M.
• Mr. Nicholas asked if there were any progress on the lights at the City sign. Mr.
Bandish responded that City staff had called an electrical contractor for assistance
however; the Port controls the sign area.
Council Member Petsos
Mr. Petsos referred to the staff task list and asked the Council to assist the City
Manager by prioritizing this list.
Mr. Petsos questioned when Brown and Caldwell would address the Council
related to the change orders on the Public Works Maintenance Building. Mr.
Boucher replied that he would schedule this discussion after the Special Meeting on
November 8{''.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 5 of 14
Mr. Petsos announced that the Kiwanis Club was sponsoring a Meet the
Candidates Pancake Breakfast at Manatee Sanctuary Park on Saturday,
October 20th between 8 and 10 A.M. Cost was $5.00 and the proceeds would
benefit Cape View Elementary School. Staff would place this announcement on
the City marquee.
Mr. Petsos announced the Cocoa Beach/ Satellite Beach - Beach Bowl Football
Game on Friday, November 2nd with a Pep Rally on Thursday, November 1 st.
Mayor Pro Tem Hoog
• Mayor Pro Tem Hoog commended Robert Lefever, Recreation Director on the
success of the Fall Festival.
• Mayor Pro Tem Hoog requested attention to a crack in the Manatee statue before
any further deterioration occurs.
Mayor Randels
• Mayor Randels thanked Ms. Tammy Roberts from the Hometown News for the
Cape Canaveral news coverage on its Candidates.
• Mayor Randels informed that Mr. Ray Osborne was working on seeking a Sister
City in Germany.
• Mayor Randels acknowledged 59,481 practicing attorneys in Florida. He referred
to an article in Florida Trend magazine recognizing the top 868 elite, defined as the
best and most skilled attorneys chosen by a group of their peers that acknowledged
Attorney Anthony Garganese as one of the best lawyers in municipal law. He
also received the highest award by Martindale -Hubbell for legal ability and ethics.
Attorney Garganese was also nominated in 2006 and 2007 for a Florida League of
Cities, Attorney of the Year Excellence Award.
• Mayor Randels recognized the Community Appearance Board and related on the
Burger King application. He brought out that the restaurant was asked to bring
their new facility in harmony with the style of the area. The application was then
approved and the Mayor recognized the Board's positive efforts toward the City.
• Mayor Randels noted that the City was seeking information on bus shelters.
• Mayor Randels asked for the status of the Seafarer's Ministry request to park
Recreational Vehicles. City Manager would check on the status. Mayor Pro Tem
Hoog reported that reduced parking was available, however, free parking was
discontinued due to misuse of utilities. The reduced rate would require them to pay
their own utilities.
AUDIENCE TO BE HEARD:
Mr. Les Chenowith of Christ Lutheran Church informed that Waste Management
had discontinued pick-up from the curb. Mr. Chenowith related how he was told
that the church was a business and was therefore required to obtain a roll -off
container for debris. He stated that these containers had a $125 fee to drop it off
and $3 per day and once it was filled, Waste Management would pick it up for
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 6 of 14
$139.56. Mr. Chenowith asked if the church could be waived from a business
status due to its financial burden. Mr. Boucher informed that the green waste piles
on State Road A1A were under the power lines that obstructed the clam truck. He
told Mr. Chenowith that if the piles could be placed in some other location on the
church lot, they could be removed. Mr. Boucher stated that staff would resolve this
issue.
Ms. Joyce Hamilton thanked Robert Lefever for the Fall Festival and reported
that Cape View Elementary School earned $819.45.
Mr. Jim Hale informed that Ms. Andrea Rice is the Cape View School Recycling
Program Coordinator. Mr. Hale also informed that Ms. Vicki Dugan from Keep
Brevard Beautiful also speaks on recycling around the County.
BOARD INTERVIEW:
Beautification Board — Prospective Alternate Member
Bradley J.P. Varuska
Mr. Bradley Varuska replied that all of the questions on his application were answered true
and correct to the best of his ability. Mr. Varuska related a story on what brought him to
Cape Canaveral and how helping people influenced his decision. Ms. Roberts asked if
there were any particular beautification aspects that Mr. Varuska planned to bring to the
Board.
Mr. Varuska responded to Ms. Roberts question on continuing the beautification in the City
that he enjoys the hometown aesthetic. He expressed his appreciation for the Community
Appearance Board in maintaining that effort. Mr. Nicholas stated that he was impressed
with Mr. Varuska's interview with the Beautification Board. Mr. Petsos informed that Mr.
Varuska worked with the Relay for Life for the National Cancer Society and has since
assumed the role of its Chairperson for the Cocoa Beach -Cape Canaveral area. Mr.
Varuska also works with the Kiwanis Club. Mayor Pro Tem Hoog added that Mr. Varuska
would be an asset to the City and the Beautification Board.
Mayor Randels noted that Ms. Paula Collins chose not to renew her membership on the
Board and thanked Mr. Varuska for his interest. Mayor Randels concluded that a
Resolution to Appoint Mr. Varuska to the Beautification Board would appear on the next
City Council meeting Agenda.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of October 2, 2007.
2. Resolution No. 2007-30; Reappointing a Regular Member to the Board of
Adjustment: Jack Childs.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 7 of 14
3. Resolution No. 2007-31; Reappointing Regular Members to the Code
Enforcement Board: James Hale, Karen Hartley and Craig Stewart.
4. Resolution No. 2007-32; Reappointing A Regular Member and an Alternate
Member the Library Board: Dr. Tim Grady and Hang Pearson.
5. Resolution No. 2007-33; Reappointing a Regular Member to the Recreation
Board: Gene Petre.
6. Proclamation to Acknowledge Florida City Government Week: October 21 st -
October 27tH
Mayor Randels asked if any Council member, staff, or interested parties desired to
remove the Consent Agenda item for discussion.
Ms. Roberts requested to remove Item No. 6 for discussion.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
Consent Agenda Items No. 1 through 5. 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.
6. Proclamation to Acknowledge Florida City Government Week: October 21St -
October 271h.
Ms. Stills explained that City Government Week was a time to encourage the public to
avail themselves to local government services. New residents would be encouraged to
pick up Welcome Packets available in the City Clerk's Office and staff would introduce
visitors on the use of the City Hall kiosk desk that accesses information on City services.
Ms. Roberts commended City staff for their exemplary work.
A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve
Consent Agenda Item No. 6. 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.
CONSIDERATIONS:
7. Motion to Approve: Street Paving Change Order No. 2 to APAC-Southeast,
Inc. in the amount of $60,595.26.
Jeff Ratliff, Assistant Public Works Director, explained that this was a re -paving of the
streets related to the Washington Avenue force main project to include a large patch job
on North Atlantic Avenue. This would include a complete paving of Church Lane and of
Columbia Drive in both lanes. Mr. Ratliff replied to Mayor Randels that ExperTech
planned to patch Columbia Drive in the excavation area; however, this project was a
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 8 of 14
complete paving of both lanes. Mr. Ratliff informed that a credit of $7,800 was anticipated
and that would be discussed during the next invoicing period.
Mr. Ratliff replied to Ms. Roberts' question related to the timeline that he anticipated
completing the project by the first week of November. Mr. Nicholas asked if there were
any other areas that they intended to patch. Mr. Ratliff replied that the company would
return to complete the job in the Adams and Jefferson Avenue area. Mr. Nicholas asked
about the rough area at the intersection of Canaveral Blvd. and North Atlantic Avenue. Mr.
Ratliff replied that due to the trip wiring in that location, the project would be completed
along with others in which trip wiring existed. Mr. Petsos commended Mr. Ratliff for his
work. Ms. Roberts brought up the need for street safety signs. Mr. Bandish replied that
the safety equipment was now available.
A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to
Approve the Street Paving Change Order No. 2 to APAC-Southeast, Inc. in the
amount of $60,595.26. 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.
8. Motion to Approve: Sewer Force Main Replacement Project — Change Orders
No. 1, 2 and 6 Associated with the Sewer Force Main Replacement Project in
the Amount Totaling $96,972.99.
Mr. Bandish informed that the firm's representative was in the audience for questions.
Mayor Randels asked why Flowable fill was used. Mr. Bandish explained how Flowable fill
surrounded the pipes and he stated that a directional -boor could not be done. Mayor
Randels questioned the change order. Mr. Bandish replied that the position of the line was
known; however, the depth was unknown which incurred an additional cost. Mr. Bandish
also explained the difficulty of working with asbestos concrete pipes.
Mr. Petsos asked if the contract stated that the City would pay for unknown circumstances.
Mr. Bandish replied that to the best of his knowledge other cities do pay for unforeseen
circumstances. Ms. Roberts asked if updated drawings or maps existed. Mr. Bandish
responded the City of Cocoa located their lines and when the contractor completed the
work, the City would then receive as -built drawings. Mr. Petsos stated that the contractor
should bear some of the responsibility.
Mr. Steve Davies, Project Engineer with Brown and Caldwell stated that these
circumstances were termed "unforeseen conditions" and explained how there were water
and sewer mains in the location and the firm could only well -point under the water line
since the standard is 18 -inches of separation. Mr. Davies stated that asbestos concrete
provided no way of detection. Mr. Nicholas asked if a certain amount was set aside for
contingencies when they bid a contract. Mr. Davies stated that when the contractor was
made aware of unforeseen conditions, then they would submit their best price. Ms.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 9 of 14
Roberts stated that any anticipated risks should be discussed prior to the project onset in
order to avoid such unforeseen conditions.
Mayor Pro Tem Hoog asked if the City was paying for the water break repairs in the
Church Lane and North Atlantic Avenue area. Mr. Bandish replied that ExperTech would
pay for repairs if they caused damage. Mr. Bandish replied to Mayor Randels that they
were awaiting a permit from the Corps of Engineers to go under the canal to complete the
project. Mr. Bandish informed that if Mr. Martin Greene did not reply by the time the permit
was received and the crew mobilized then he was required to pay for any future change
orders related to his Mermaid Key project. Mr. Petsos mentioned that the bid was under -
budget and with the change order the cost was still under -budget.
A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Approve the
Sewer Force Main Replacement Project — Change Orders No. 1, 2 and 6 Associated
with the Sewer Force Main Replacement Project in the Amount Totaling $96,972.99.
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.
9. Motion to Approve: The 2008 Legislative Priorities List for the Space Coast
League of Cities.
Mayor Pro Tem Hoog reported that the Board on which he served discussed Home Rule,
Fireworks Discharge, Transportation Funding, Electronic Traffic Enforcement, the Florida
Department of Transportation and the COP's with the goal of selecting the top three items.
However, the list in question would come from each municipality specifically. Mr. Petsos
expressed that he would like to continue beach re -nourishment. Ms. Roberts pointed out
that the City has gone on record requesting that the Florida Department of Environmental
Protection hear from the municipalities prior to taking action that would impact a
community. Ms. Roberts brought up property tax relief for second homeowners. Mayor
Randels replied that property tax relief was under discussion with the State legislature.
Mr. Boucher pointed out how Annexation was laid aside due to property tax reform. Mayor
Pro Tem Hoog related how the inner communities appeared to not support the firework
prohibition like the coastal communities. Mr. Ray Osborne asked if sustainable
communities were a priority and he asked if Cape Canaveral would take the lead. Ms.
Roberts pointed out that Cape Canaveral is a "Tree" city and could move toward becoming
a green city. Mr. Petsos stated his favor with electronic enforcement if it covered the
cameras at traffic signals in light of the corner of North Atlantic Avenue and State Road
AIA. Mr. Nicholas brought up offshore sewage dumping. Mr. Petsos stated that a bill
exists for that item.
City Manager would submit the Priority List based on Council's discussion:
1) Municipal Home Rule
2) Beach Re -nourishment
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 10 of 14
3) Use of Cameras at Signaled Intersection for Speeders
4) Firework's Use Regulations
5) Transportation Improvement Funding
6) Certificate of Public Necessity
No Other Action was Taken on This Item.
10. Motion to Approve: Proposals to Renovate the 7510 N. Atlantic Avenue
Building.
Mayor Randels stated how the Building Official submitted calculations on the building
refurbishment at a cost of $8,500. Mr. Petsos based his comments on the feedback that
the City Manager received at the Fall Festival for the Sheriff's Office to occupy the building.
He proposed a short interval of occupancy for the Building Department. Mayor Randels
pointed out that the new building did not have adequate space for Building Department
staff. Todd Morley, Building Official, explained how the lobby in the new building was
substantially larger and therefore gave the appearance of less workspace for staff. Ms.
Roberts stated that she viewed the lobby and found it sizeable and adequate for
customers.
Mayor Randels reviewed the proposed plan and made note of the space that would be
unusable such as a hallway and the drive-thru window. Mr. Petsos suggested seeking an
open floor space plan. Mr. Nicholas stated that an open plan would prohibit an
atmosphere conducive to plans review. Discussion brought out the point of using more of
the lobby area for staff. Council members also discussed the expense in light of moving
the Sheriff's Department in at a later time. Mr. Boucher reported the need for additional
funds to remove non -load bearing walls, subsequent electrical work and the telephone and
computer system network. Discussion concluded on $25,000 for the refurbishment needs.
Mr. David Schirtzinger volunteered to assist with the demolition
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to
Approve the Proposal to Demolition and Renovation of the 7510 N. Atlantic Avenue
Building in an Amount Not to Exceed $25,000 from Governmental Impact 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.
11. Motion to Approve: Canceling the Regular City Council Meeting of November
6 t and Scheduling a Special Meeting to Certify the Election Results on
November 81n
Mr. Boucher requested to add two items for discussion: change orders from Brown and
Caldwell for the maintenance building and the Employee's Health Insurance Premium
Renewals. Council approved by consensus to hear the two the additional items.
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 11 of 14
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve
Canceling the Regular City Council Meeting of November 6th and Scheduling a
Special Meeting to Certify the Election Results on November 8th. 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: North Central Ditch Stormwater Improvement Project —
Proposal to Install a Baffle Box System.
Jeff Ratliff, Stormwater Administrator, explained how the intention of a wet retention pond
had to be changed. Rough calculations were submitted to the Florida Department of
Environmental Protection and the City was subsequently informed to consider another
plan. DEP suggested an open channel and supported a super Baffle Box adjacent to
West Central Blvd. DEP also supported installing a baffle box along the stormwater line
coming up to the west.
Mr. Ratliff noted the cost of the wet pond system at $524,000 and DEP was suggesting the
baffle box system at $353,000. DEP stated that the City would receive the same water
quality treatment for $150,000. Mr. Nicholas asked if an easement were needed for the
west baffle box. Mr. Ratliff informed that he did not see how a baffle box could be installed
on the west. Mr. Ratliff stated that he would return to DEP in order to reduce the cost to
$315 -to $320, 000.
Ms. Roberts questioned what would be done aesthetically in the West Central Blvd. area.
Mr. Ratliff responded that cleaning the area was required first. Mr. Ratliff affirmed to
Mayor Randels that DEP was supportive of baffle box projects. He re -stated his plan to
reduce the number of baffle boxes on this project by one. Mr. Ratliff assured for Ms.
Roberts that there was no potential impact to any future bikeways or walkways. He also
assured that there were no anticipated change orders.
A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve the
North Central Ditch Stormwater Improvement Project — Proposal to Install a Baffle
Box System. 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.
13. Motion to Approve: Master Agreement — Intergovernmental Radio System
(800 MHZ) and Advisory Committee.
Council agreed to sign the Master Agreement for the Intergoven mental Radio System (800
MHZ).
A motion was made by Mayor Pro Tem Hoog and seconded by Ms. Roberts to
Approve the Master Agreement — Intergovernmental Radio System (800 MHZ) and
Advisory Committee. The vote on the motion carried 5-0 with voting as follows:
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 12 of 14
Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For
and Ms. Roberts, For.
14. Motion to Approve: City Manager's Annual Evaluation.
A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Table This
Item to November 8th. 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 Mr. Nicholas and seconded by Mayor Pro Tem Hoog to
Extend the Meeting Until 10:15 P.M. 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.
RESOLUTIONS:
15. Motion to Approve: Resolution No. 2007-34; Opposing Any Action by the
Florida Department of Transportation to Lease State Road 528, "The Beach
Line" to Any Private Entity.
Mayor Pro Tem Hoog asked why the Resolution language only stated State Road 528.
Council members agreed to amend the Resolution language to read "any State roads".
A motion was made to amend Resolution No. 2007-34 to read "Opposing Any
Action by the Florida Department of Transportation to Lease Any State Roads to
Any Private Entity." The vote on the motion to amend the Resolution 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
Resolution No. 2007-34 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.
ORDINANCES: Second Public Hearing:
16. Motion to Adopt: Ordinance No. 06-2007; Amending Chapter 2, the List of City
Code Provisions Enforced through the Issuance of a Civil Citation.
Mayor Randels read the Ordinance No. 06-2007 by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA. AMENDING
ARTICLE Vi, CHAPTER 2, OF THE CITY CODE RELATED TO CODE ENFORCEMENT
CITATIONS; AMENDING THE LIST OF CITY CODE PROVISIONS ENFORCED
City of Cape Canaveral, Florida
City Council Regular Meeting
October 16, 2007
Page 13 of 14
THROUGH ISSUANCE OF A CIVIL CITATION; ESTABLISHING THE CLASS OF
VIOLATION FOR EACH PROVISION; MAKING CONFORMING AMENDMENTS TO
CHAPTERS 34 AND 110 OF THE CITY CODE; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS: INCORPORATION INTO
THE CODE; SEVERBILITY; AND AN EFFECTIVE DATE.
Ms. Roberts reminded that she had requested to see the Administrative processes related
to Civil Citations presented at the Second Reading. Mr. Boucher responded that the
processes were codified in the Ordinance; however, the form was an outstanding issue.
Ms. Roberts stated that this Ordinance was not tied to the Chronic Nuisance ordinance.
Mr. Boucher explained that the Council decided to set the Chronic Nuisance aside in order
to access the effectiveness of the Civil Citation program and revisit it after the new year.
Ms. Roberts then used Fireworks as an example of a Citation Program that was not
actively used, and she did not see administratively where this Ordinance would differ.
Attorney Garganese explained that the adopted form had a blank space in which the
Enforcement Officer could insert the code citation.
Mr. Petsos questioned when the Council decided to set Chronic Nuisance aside. Mr.
Boucher responded that it was his understanding that the Council desired to set that issue
aside. Mr. Petsos asked to see the minutes that reflected the decision to set Chronic
Nuisance aside. Mr. Boucher clarified for Ms. Joyce Hamilton that alarm systems were
under a separate Code section. Ms. Roberts brought out that there was no proactive
method to inform residents of an anticipated violation.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Adopt
Ordinance No. 06-2007; Amending Chapter 2, the List of City Code Provisions
Enforced through the Issuance of a Civil Citation. 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.
REPORTS:
City Manager
• Mr. Boucher reported that the sand bypass project would begin in mid-November.
• Mr. Boucher asked if there were any interest in pursuing a Sister City in Germany.
Council members declined.
Staff
Building Official
No report.
City Clerk
0 No report.
City of Cape Canaveral. Florida
City Council Regular Meeting
October 16. 2007
Page 14 of 14
City Attorney
Attorney Garganese clarified that the Resort Dwellings ordinance was re -numbered
from Section 110-485 to Section 110-486 and Section 110-486 to Section 110-487.
His office contacted Municipal Code Corporation to make that correction.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at
Rocky Randels, MAYOR
Susan Stills, CMC, CITY CLERK
CITY COUNCIL SPECIAL MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
THURSDAY
November 8, 2007
5:30 P.M.
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 5:30 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Bob Hoog
Council Member
Leo Nicholas
Council Member
Buzz Petsos
Mayor
Rocky Randels
Council Member
Shannon Roberts
Others Present:
City Manager
Bennett Boucher
City Attorney
Anthony Garganese
City Clerk
Susan Stills
Building Official
Todd Morley
Public Works Director
Walter Bandish
Assistant Public Works Director
Jeff Ratliff
RESOLUTION:
Motion to Adopt: Resolution No. 2007-35; Certifying the Results of the
General Election of November 6, 2007.
Mayor Randels read Resolution No. 2007-35 in its entirety.
RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; CERTIFYING THE RESULTS OF THE GENERAL
ELECTION OF NOVEMBER 6, 2007; PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County,
Florida, as follows:
K:\CityClk\Minutes\SPECIAL\2007\Certify Election Results 11-08-07.doc
City of Cape Canaveral, Florida
City Council Special Meeting
Certifying the November 6, 2007 Election Results
November 8, 2007
Page 2 of 2
SECTION 1. The City Council accepts the certification of the election returns as
submitted by the Brevard County Supervisor of Elections for the General Election of November
6, 2007. The City Council certifies as proper the following election returns for City Council (vote
for Two) the whole number of votes cast was 1872 of which number:
Candidate for City Council
Buzz Petsos
Shannon Roberts
Craig Stewart
Total Votes
627
577
SECTION 2. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 8th day of
November, 2007.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to
Adopt Resolution No. 2007-25. The vote on the motion carried 4-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor
Randels, For and Ms. Roberts, For.
ADJOURNMENT:
There being no further business the meeting adjourned at 6:35 P.M.
Rocky Randels, MAYOR
Susan Stills, CMC, CITY CLERK
K:\CityClk\Minutes\SPECIAL\2007\Certify Election Results 11-08-07.doc
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Consent
Item
4
No.
Resolution No. 2007-36; Application
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-36, APPOINTING A REGULAR MEMBER TO THE
BEAUTIFICATION BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2007-36, appointing Bradley Varuska as a regular member
of the Beautification Board.
Summary Explanation & Background:
Term will expire 11-01-2010.
Exhibits Attached:
Resolution No. 2007-36; Application
City Mana 's Office
Department LEGISLATIVE
c �kim\ ydo nts\admin\council\meeting\2007\11-20-07\2007-36.doc
RESOLUTION NO. 2007-36
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPOINTING A REGULAR MEMBER TO THE
BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code
Section 2-181(a) created a Board known as the Beautification Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape
Canaveral to appoint 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. Bradley Varuska is hereby appointed as a Regular Member of
the Beautification Board of the City of Cape Canaveral, Florida, with term to expire on
November 1, 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 20th
day of November, 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\Appointments\2007\BEAU 2007-36_Varuska.doc
CITY OF CAPE CANAVERAL
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE
Pursuant to Section 2-171, Cape Canaveral Code
City Code requires prospective and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL
1. Applicant Name: h r a A i r u d P• V lift k' S le- lAL t� • J
2. Home Address: got �`� fL a r fio n �l �; u
3. Home Telephone: 321 • -A- ?'3 • 3 3 9
4. Occupation:
5. Business Telephone: N3 I n
6. Business Address: N i
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
Are you duly registered to vote in Brevard County?
(Y) -Z- (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y)_!/_ (N)
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of this question.
3b.
4a
If yes to 3a, have your civil rights been restored?
Do you presently serve on any other City of Cape
Canaveral advisory board or committee?
4b. If yes to 4a, please list each:
(Y)(N)
5. City ordinance requires that all persons applying for a
City advisory board or committee must voluntarily consent
to a standard criminal background check before being V
appointed to a board or committee. Do you voluntarily i is
consent to having a standard background check
performed on you by the City of Cape Canaveral? m (N)
6a. Are you related to a City of Cape Canaveral Council
member by blood, adoption or marriage? m (N) !!::�
6b. If yes to 6a, please provide name(s) of person(s) and relationship to you:
C. INTERESTS/EXPERIENCE
1. Briefly state your interest in serving on a City advisory board or committee:
.60
2. Briefly state any prior experiences in serving on any governmental board or committee:
N/a.
3. Please list any specialized skills and training (e.g., architect, engineer, general
contractor, etc.) that you feel help to qualify you for membership on the desired board or
committee:
y/a
4. In numerical sequence (1 = most interested), please rank which advisory board or
committee on which you wish to serve:
a.
b.
c. _3
d.
e.
f.
Beautification Board
Board of Adjustment*
Business and Cultural Development Board
Code Enforcement Board*
Community Appearance Board*
Construction Board of Adjustment and Appeals*
library Board
Planning and Zoning Board*
Recreation Board
Other:
*Members of these boards are required to complete and file with the Supervisor of Elections a
Financial Disclosure Form upon appointment to said board and prior to July ? of each year
following the initial appointment while still a member of said board
D. STATE REPORTING REQUIREMENTS.
Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary
of State disclosing race, gender and physical disabilities of board and committee members.
Please check the appropriate boxes:
RACE
GENDER
African-American
✓
Male
Asian -American
Female
Hispanic -American
Not Known
Native American
r Caucasian
DISABILITY
Not Known
W A
Physically disabled
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO
THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE
RIGHT TO RELY ON THAT INFORMATION.
YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC
OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA
"SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO
YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF
APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS.
PLEASE NOTE:
• Initial appointment to any City board is subject to City Council approval following a brief
interview before the City Council at a regularly scheduled meeting.
• Your application will remain effective for one year from the date of completion.
• If you should have any questions regarding the completion of this application, please
contact the City Clerk's Office at (321) 868-1221.
Signature: --?-�., . 14, l —Y 1%
Date:
Please return to: City of Cape Canaveral
Office of the City Clerk
105 Polk Avenue
Cape Canaveral, Florida 32920
For Office Use Only:
Date Appointed:
Appointed by:
Board Appointed to:
Term Expires:
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Consent
Item
5
No.
Outdoor Entertainment Permit
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR 12TH ANNUAL REINDEER
5K RUN/WALK FOR UNITED WAY OF BREVARD COUNTY
DEPT./DIVISION: ADMINISTRATION
Requested Action:
That the City Council approve the permit for this event.
Summary Explanation & Background:
See attached application for details. The route is the same as 2006.
I recommend approval.
Exhibits Attached:
Outdoor Entertainment Permit
City Manager' ffice
Department ADMINISTRATION
I, -
ca mydoctun is\ad ouncil\meeu 20-07\reindeer.doc
To: Mayor & City Council Members
Fmm Robert Lefever, Parks & Recreation Director
CC: Bennett Boucher, City Manager
Date: November 8, 2007
Re: 12th Annual Reindeer Run
The Parks & Recreation Department will be hosting the 12'" Annual Reindeer Run on
Saturday, December 8, 2007 at 8:00 am. The event will be staged at Cherie Down Park,
8492 Ridgewood Ave. I have attached an Outdoor Entertainment Permit for your approval. I
am also attaching the permit application from the Brevard County Parks & Recreation
Department along with a copy of the certified race course.
Activities at the event will include the 5K run/walk, a kids' fun run coordinated by the Space
Coast Runners Association, a visit from Santa, awards presentations & door prizes.
Parking for the event will be at Cape View Elementary School located on Ridgewood Ave.
across from Cherie Down Paris.
Thanks,
Robert Lefever
Revised 03-22-07
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT
Date: 0 7
The applicant or representative agrees to be on site at all times empowered with authority over all aspects
of the event and empowered to act for the applicant.
Name of Applicant: — C'a�ej/' f ze f vV �y Title: Al °lull- `fo
Firm:
Address: 71O 0 N /�/�aiY1 / 1 G /�yf_' (aAc %NGGy�GL�i � •�•Z �Z�
E -Mail:
Telephone: �^ /,�� FAX: h� —122 7
Local Contact: S e8 Title:
Local Address (if different from above)
Type of Event: /;k /)Yya /�f°_Il d i°jPj� eal,
Will Alcoholic Beverages Be Served on the Premises? YES NO
Event Date(s) in Cape Canaveral: fret/. , (f, ,COQ % -
Location(s):
�y 91 �ie�ve c✓o��/%i/�
e_we 'Ia
Date(s)
Attach map(s) indicating event area and designated parking areas.
Xaffic Control [�[Jse of Police/Fire Rescue Equipment
Street Closing ❑Vehicles/Equipment on Beach
❑Other []Vehicle Parking on City Property
Time
Specify:0 44s / r% 4jol Qd(lAd , V e JOco//f O
x
/9ve. 'Wi# de 41w
e
G D�
e
i Ge
in 011
e,n ee qen G y foleyli 4,plle .
If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building
permit application must also be submitted along with all pertinent information relating to the temporary
structures and their proposed location. Submittal of the building permit application will occur AFTER City
Council has approved the Outdoor Entertainment Permit.
By signing this application, the applicant acknowledges and agrees to the following provisions:
Revised 03-22-07
INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor
entertainment event against any and all claims and demands made by any person for in Jul received in connection
with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits
of not less than $300,000.00 or injury to any one person liar bodily injury or otherwise, plus $25,000.00
damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for
bodily injury or otherwise, plus $50,000.00 for damages to property. 'I he original or duplicate of such policy shall
be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the
premiums are paid.
Name of Insurance Co: & f�ffOG Qf CQ�{,� / E.l Policy No:
Expiration Date: � �oe-- - .
PROMOTIONAL AUI'11ORIZATION
Penmittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes
and other media related purposes.
ll[. EXPENSES/FEES
Tlie applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and
any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral.
IV. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections
waived dealuig with the health, safety and welfare of those in attendance, as well as the general public, have been
otherwise provided for as required by said code. List any exemptions you are seeking.
Date( 0'
Applicant or Repres ntative/Title
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Signature:
Applicants sliall keep a copy of this approved permit and attachments on the day of the event within the City of Cape
Canaveral.
For further information, please contact: City of Cape Canaveral
Bemiett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (32 1) 868-1230
Fax: (32 1) 868-1224
Brevard County Parks & Recreation Department
PPLICATION FOR USE PERMIT
Date %a/0--)
&
Applicant's
off% V -
Applicant's Name rl r1C
Day Phone;7G ���p�� / - z TYr Evening Phone 3j
Organization/Group Name (if applicable) U C).t �(/-r'l 11)2,1 C
Applicant's positio
Mailing Address t
Organization/Group (if
Park Name and Facilities Requested l-11
Fax
Non -Profit Corp. Yes ❑ No
Event Name Type of Activity J<� f- c A "
Event Date(s)Estimated Attendance
Dates Request&i
Times (Including Preparation/Cle p)
Received Facility Rental Rules AYes ❑ No
............................................................................................. THE FoLLowuac TO BE COMPLETED BY STAFF..........................................................................................................
PERMIT CATEGORIES (cnECK ONE)
❑ CATEGORY I Sponsored/Co-Sponsored ❑ CATEGORY IV Private (Private Groups, Organizations; Individuals)
7❑p �CATEGORY II Recreation Partner ❑ CATEGORY V Public Issue Speech
ATEGoRY III Not-for-Profit/Exempt (Must qualify for tax exempt
status pursuant to 501(c) criteria of the IRS Code) d�-s3ul ?.Lc�7Z.1 3 SL - t 501(c)(�D )
Consumers Certificate of Exemption (Florida) 501(c�riteria #
C NDITIONS (CxECKALLAPPLIcapLE) HIGH RISK CONDITIONS: INSURANCE REQUIRED (CHECK ALLAPPLICABLE)
Activity open to public Xr ee Waiver Requested ❑ Athletic events with physical contact
dmission charged ,Letter of Request ❑ Alcoholic beverages and open to the public: liquor liability required
Alcohol ❑ Security ❑ Sale of food items for functions open to the public
❑ Food sales 11 (r 'X,Amplified music primary to function with over 200 people expected
Music (Type " 5 l f LL{.c.J '1�� ❑ Commercial activities as defined in Chapter 78, Brevard County
GCt,�ctt�s C y1 ( ►'�r}ur-J Code, and herein, where uch activities are ope to the public.
THE PARK/FACILITY YOU HAVE REQUESTED IS LOCATED WITHIN THE CITY LIMITS OF i e .PLEASE CONTACT THAT CITE'
TO DETERMINE IF IT HAS ANY REQUIREMENT(S) YOU MUST MEET.
(A) TAXABLE FEES TAXABLE FEES FROM COLUM N A $ (C) DEPOSITS
(B) NoN-TAXABLE FEES A separate payment is always required for
deposits
Facility Rental Fee: $ Facility Rental Fee: $
Employee Fee: $ Cleanup/Damage Cash `h -k
Deposit $ ❑ ❑
Additional Fees: Additional Fees: Receipt # Date
$ $ Cin ra,Kr
Tourist Tax $ $ Key Deposit $ ❑ ❑
Fla. State Sales Tax: $ $ Receipt # Date
Sub Total $ Sub Total $
GRAND TOTAL S TULIP INSURANCE
REcEn,r # DATE RECEIPT # DATE AMOUNT $
AMOUNT $ AMOUNT $ RECEIPT # DATE
I am 18 years of age (21 years of age if alcohol will be present) or over and understand as a representative of said event/organization, that 1 take tull
responsibility for each and every participant of said function. I have read and agree to follow the rental rules I have been given for my activity. I hereby
waive d all claims against the Board of County Commissioners and its employees and agents arising out of any personal injury or property damage
tha 'sic ed duri g said function. I hav so ad the informatio on the reverse sA of this permit and a ee to the terms and conditions hereof.
X 'r(Q 7 i
Applicant's SignAture Vate / Ffint Your `ameAs Signed
V
Parks and Recreation Approval Title As
PR -108 -PGM (04102) COPY: OFFICE PATRON PARK MAINTENANCE
09/19/2007 07:18 321-45513e4 PARKS&RECREATION MIB PAGE 01
BREVAla
BOARD OF COUNTY COMMISSIONERS
FLORIDA -S SPACE COAST
Central Area Parks Operations — Merritt Island/Saaches Talephone: (321) 455-1380
951 Kiwanls Island Park Rd, Marritt Island, Florida 32922 Fax_ (321) 455-1384
FACILITY AND PAVILION RENTAL PATRON RULES
All Rentals
1. Use of alcohol must be acknowledged and indicated on Facility Use Permit,
2. NO ALCOHOLIC BEVERAGES may be carried outside the building or pavilions by participants. No vehicle of
any kind allowed under pavilions or on grass, except in designated overflow areas.
3. No pets allowed in park.
4. Music shall be maintained at sound levels as not to interfere with park patrons and surrounding
neighborhoods. Complaints may result in eviction from facility/pavilion.
S. Number of participants must not exceed legal capacity of the facility and maximum attendance number mL ;t
be approximated on the use permit.
6. Installation of decorations. ONLY Scotch or masking tape may be used on Interior painted surfaces. Nails n ay
NOT be used on any facility. Renter must furnish all supplies and completely remove all decorations before
leaving.
7. All signs and banners must be approved prior to rental.
8. Clean up must be completed by rental closing time.
9. All trash must be placed inside trash receptacles or otherwise bagged, tied and placed before the trash
receptacle if the receptacles are full.
10. Table tops, floors and adjacent grounds must be clean of refuse and debris resulting from rental use.
11. If clean up deposit is fully refundable, deposit may be picked up at the Sector Office the second working da i
following the rental, and may be picked up within 10 days of the event.
12. Cancellation of reservation may be initiated by application, not less than 10 days prior to the scheduled use
however, a minimum of a $12.50 processing fee will be assessed and/or deducted when the reservation fee is
refunded. (Does not apply to clean up/damage deposits.)
13. It Is up to the patron to call the Sheriffs Department at 455-1485 if the pavilion is being occupied when the r
arrive. If in Cocoa Beach, call the Cocoa Beach Police Department at 868-3260.
Indoor AdIv tioa-Additional Rules
1. No smoking Inside buildings.
.2. Plastic liners, brooms and mops are available. Coordinate access of these items with staff person on duty.
3. Patron must return tables and chairs to the storage area and make sure they are neatly stacked.
4. Chairs and tables borrowed by patrons from another room must be returned — same number and position Ir
the room.
I have read and understand the above. I understand that It is my responsibility to communicate and enforce the rules
with participants of my group, and furthermore, that non-compliance could result in the eviction from the premises and/ Ir
loss of part or all of my clean up deposit. A processing fee of $12.50 will be assessed for all rental refund requests. Clea:
up deposits held for more than 10 days or given In one check with rental fee will be assessed a $12.50 processing fee fo
refund request.
c(I i
In Lure Date
a
00030 l
as �
DR-14
Consumer's Certificate of Exemption R. 04/05
Issued Pursuant to Chapter 212, Florida Statutes 06/02/07
DEPARTMENT
OF REVENUE
85-8012672135C-8 07/23/2007 07/31/2012 601{C)(3).ORGANIZATION
Certificate Number Effective Date Expiration Date y s Exemption Category ..
This certifies that
r
UNITED WAY OF BREVARD COUNTY INC
937 DIXON BLVD
COCOA FL 32922-6806 Ff F!
`aiii `tu� 'S "'rN'
AI
IN
is exempt from the payment of Florida sales and use tax on real property rented, transient enfahpr peny,,rente&,.-*tangible
personal property purchased or rented, or services purchased. =�
Important Information for Exempt Organizations
DEPARTMENT
OF REVENUE
DR -14
R. 04/05
1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases.
See Rule 12A-1.038, Florida Administrative Code (FAC).
2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's
customary nonprofit activities.
3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be
reimbursed by the organization.
4. This exemption applies only to purchases your organization makes. The sale or lease to others by your
organization of tangible personal property, sleeping accommodations or other real property is taxable. Your
organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches
are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FAC).
5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no
circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for
payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree
felony. Any violation will necessitate the revocation of this certificate.
6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central
Registration at 850-487-4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314-6480.
09/25/2007 11:42 5331850 PARK REC PACE 01/01
APPLICATION FOR WAIVER
1 BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS
Y PARKS & RECREATION DEPARTMENT
'T
AREA. O NORTH ❑ CENTRAL -MAIN LAND OCENTRAL-MI/SCHS OSOUTH OCAMPGROUNDS
r' 6f.
Name ► �(Y/' + i ( Representing n
/ (INDwIpUAL, O AN2ATiON, GROUP, COMPANY)
�
Address D/ u'�7. City Zip hone ' (
DESCRIPTION OF ACTIVITY: What 5KWhere (��Jo n , , ✓►� l ��,
Date / Z Tim e , 3Ci Estimated Attendance Admission Charge f 7• °��� t'�
Purpose of Activity d,t�c Yd3 %tkl f-
1'�2-�LxIre U [.L'-E�1 c*- (;�r at ',Cts
Brief description of organiza
J
Non -Profit? KYes ❑ No Does the organization assume responsibility for supervision?
gr(icle IV. Fes_i� /_ k- bL/ —
Fl Live or amplified music on park facility as a primary function, �;L� C �x �yLLLJ! G rytt n 4- /
Ar icle
❑ Section 18-104 (2) Alcoholic Beverages—To allow possession/sal eldonation of alcoholic beverages.
❑ Section 18-106 (8) Waiver of general comprehensive liability insurance and in lieu, provide hold harmless affidavlt.
Field reservation deposit for softball tournaments must be paid before submitting request for waiver of insurance,
❑ Sections 18-2 and 18-103 Waiver of facility use fees per Policy BCC -39 -
Appeal cess
1. The applicant may appeal the denied fee or softball insurance waiver to the Board of County Commissioners.
2. A written appeal request must be submitted to the appropriate Parks Operations Manager or designee within
five (5) days after notification of the denied waiver.
3, The Parks Operations Manager or designee must then request placement of the appeal on the Board of Couni:y
Commissioners I Ao�hda for consideration.
Applicant's SignatureZDate Z / -
AIvER RouFsTs HuOT E 91 OY AN OFFICER or THE oRGANV.ATiON.)
............................................... DEPARTMENT URE. ONLY .............................. ..................... ... ......... ....................... ....
............,
Criteria for Waiver of Fees: (Check appropriate box,)
❑ Activities which are sponsored and cosponsored by Brevard County for a public purpose.
Activities sponsored by other governmental agencies. ���J ax Cat -,ave t6J
Activities sponsored by groups, organizations or individuals where proceeds are given to charitable causes,
organizations, individuals or Brevard County facilities or programs.
❑ Activities sponsored by organizations to which Brevard County is a member.
Comments:
Fee Waiver Request: ❑ Recommended ❑ Not Recommended Other Requests
Superintendent/Supervisor Date
Fee Waiver Request: p Recommended
Parks Operations Manager
❑ Not Recommended Other Requests
Date -
Fee Waiver Request: ❑ Recommended ❑ Not Recommended Other Requests
Parks & Recreation Department Director Date
Waiver of General Comprehensive Liability Insurance for Softball Tournaments: ❑ Approved
Parks & Recreation Department DirectorlDesignee Date
❑ Not Approved
PURSUANT TO CHAPTER 119, FLORIDAS PUBLIC RECORDS ACT, THIS RECORD IS A PUBLIC DOCUMENT THAT MAY SE INSPECTED AND/OR
COPIED, IF YOU BELIEVE ANY PORTION OF THIS DOCUMENT CONTAINS INFORMATION THAT IS EXEMPT FROM DISCLOSURE, PLEASE
NOTIFY US IN WRITING AT: PARKS AND RECREATION ADMINISTRATION, 2725 JUDGE FRAN JAMIESON WAY, B-703, VIERA, FL 92940 _
Pr -125 POr+oev (C3129MS)
An Overview of
United Way of Brevard
What is United Way all about?
United Way's mission is to be Brevard's leader in mobilizing the caring power of our
community. Sounds like a lofty goal, but what exactly does it mean? It means that United Way
will use its resources — financial and leadership — to bring people together to make a
measurable impact on needs in our community.
Mobilizing the caring power of our community means many things at your United Way. It
means coordination of a single fundraising campaign on behalf of many local health and human
service organizations. It means strategically distributing funds to local programs based on return
on investment and quantifiable results. It means holding agencies accountable for funding
through program evaluation and annual monitoring for compliance. And it means convening
partners to proactively identify issues for organizational focus and implementing solutions to
emerging needs in our community. It's all about results.
Your United Way is local autonomous and run by volunteers:
A locally elected, volunteer Board of Directors administers the activities of each United Way.
There are currently more than 1,400 local United Ways in the United States. Each local Board
is completely autonomous, answerable only to the residents of its specific community.
United Way of Brevard's Board sets policy and provides leadership unique to our community
needs and circumstances. Our Board is composed of 52 volunteer members representing our
community's diverse makeup — large companies, financial institutions, higher education, the faith
and community based organizations, local government, and private industry. An 1 1 -member
Executive Committee provides their expertise and counsel to United Way of Brevard's
president and management team, helping to set priorities and future direction for the
organization.
Relationship with United Way of America:
Many United Ways work in concert with United Way of America, a national association
providing a system through which local organizations can act in unison on major issues affecting
health and human services nationally. United Way of America acts as a resource, a trade
association if you will. Membership provides annual training opportunities, large scale
advertising campaigns and assistance with market research and planning. United Way of
Brevard County has chosen to voluntarily associate with United Way of America.
Relationship with United Way of Florida:
United Way of Florida is similar to the United Way of America except its focus is on the state
level. Association with the state organization is also voluntary and United Way of Brevard has
opted to be affiliated in this way. United Way of Florida coordinates the Florida State
Employees Charitable Campaign on an annual basis. Its staff and volunteers present the views
of the human service community to the Executive and Legislative Branches of the Florida State
Government.
1
Organizational Purpose
The United Way of Brevard County is committed to serving its community in the following
ways:
I. To mobilize resources to make a measurable impact on community issues and needs.
Resources being defined as financial support and "heartbeats" or the leadership capacity
of both staff and key volunteers.
2. To energize and inspire people to make a difference.
3. To develop collaborative solutions to human service problems, building coalitions
around these agendas and increasing the investments made to ensure their success.
4. To foster cooperation among state, local and national agencies serving our community.
S. To advocate, in a nonpartisan fashion, for human service initiatives and programs that
improve the overall quality of life for Brevard residents.
6. To develop, as fully as possible, the financial resources, both individual and
governmental, to meet human services needs in Brevard.
7. To develop awareness, community support and commitment for United Way initiatives
through a strategic communications program that not only speaks to the community but
also listens to our best customers.
7
10/19/2007 01:48 FAX 3213832337 KIM_JCNES_AGENCY 0 003/003
CERTIFICATE OF INSUPJuxE
Tile coapany indicated below certifies that the insurance afforded by the policy or po.!icies numbered and
described belor. is in force as of the effe:tine date of this Certificate. This certificate of Insurance
does not amend, axtena, or otherwise altex the Terme and Condition' of Imurance toveiaga contained in any
policy ruxberEe and described below.
CERTIFICATE MOLDER: IIISURED:
12TH 4rmWI REIN= RUNS 5K UNITED WAY OF BRF,ARO
CIiEB.IE DODIN PAM COUNTY, INCORPORATED
C%PE CANALmi;,AL, FL 32920 937 DIXON BLVD
COCOA, FL 32922-6EOS
I
POLICY NUM a
I POLICY I POLICY I LIMITS OF LIABILITY
I
TYPE of INSURANCE I
G ISSUING CO.
ICFG. DATE IEXP. DATE I (*LINTS AT INC-PTION)
I
LIABILITY 177
-BO -492146-3001
1 02-28-07 1 02-28-06 1
I (Each Accident) ........ S I
I (Xl Liability and I
NATIONWIDE
I I I Any One Occurrence........ 5
1,()On,Ono I
i Medical m pane I
MUTUAL FIRE
I I 1
I Prod/Comp Ops/Disease I
Personal and I
ImSOAANCE CO.
I I I Included in Above - any Cne Person or I
I A&rert.i:;ing Injuryl
I[ l workers' I I I
I I I Organization
I
I (Xl Medical I`u:pen_.es I
I and I I I
I I I APIr ONE PEP SON ........... $
51000 1
1 (X] Fire Legal I
1 T.IAbility I I
I I I Any One Fire or Explosion $
50,000 1
I Liabiliey I
da hance c nv wi11 endeavor to mail
I I I
I
I I I General Aggregate- ....... $
2,000,000 1
I I 1 Prod/Comp. A6gregate' • S
1,000,000 1
I f l Other Liability I
I 1
I ADI-CHOBILE ::TABILITY I I I
I I
I (J EUSDIESS ACTIO I I I
I Bodily Injury I
I
I (Each Person) .......... $ I
I (1 Owned I I I
I (Each ckccidsntI ........ 5 I
I[] Hired I I I
I Property Demage I
I (]Non-Orne9 I I I
I (Each Accident) ........ S I
I
I (.*Ybined single Limit .... S I
I
1 TXCESS T.I4BILITY 1 I I
I Each Occurrence .........• S I
I I
I Prod/Comp Ops/Disease I
1 (l Umbrella Form I I I
I Agoregate* ............. S I
I
I
S .,ATUTORY LIPIITS
I[ l workers' I I I
I BODILY INJURY/at:CIDENT
1 Coapensa--ion I I I
I Bodily Injury by Di5esse I
I and I I I
I EACH EMPIAYEE .......... $ I
1 (] Moyers' 1 I I
I Bodily Injury tr/ Disease I
1 T.IAbility I I
I POLICY LIMIT .......... 5 I
I
Should any of the above described policies be cancelled before the
DESCRIPT70K OF oPEPATiOWLOCATIORS
da hance c nv wi11 endeavor to mail
VEHICLEVRESTFZCTIONS/SPECIAL ITQS
expiration re, t e incur
written notice to the above named certificate holder, but failure to
mail such notice shall impose no obligation or liability upon the
coapany, its Fgents, or representatives.
Effective Date. of Certificate: 12-08-2007 Authorized RCpresPntative: KMEP.LY JONES
Date :ertific4,te Issued: 10-1940(7 Countersigned at: 1)03 S WASHIN6rON AVE
TITUSVILLE, FL 32780
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Road Running Technical Council recognized l"
1 USA Track & Field RRCA
usa
TRACK& FIELD- Measurement CertVicate
Name of the course 12th Annual Reindeer Run/Walk Distance 5,000 meters
Location (state) Florida (city) Cape Canaveral
Type of course: road race ❑X calibration ❑ track ❑ Configuration: Loop
Type of surface: paved 100 % dirt % gravel % grass % track %
Elevation (meters above sea level) Start 8m Finish 8m Highest 8m Lowest 8m
Straight line distance between start & finish 70m Drop -0- m/km Separation 1.40
Measured by (name, address, phone & e-mail) John Chioma, 20 Riverview Lane, Coca Beach,
Florida 32931 Phone: 321-784-3198
Race contact (name, address & phone) Robert Lefever, 7300 N. Atlantic Avenue, Cape
Canaveral, Florida 32920 Phone: 321-868-1226
Measuring Methods: bicycle ❑X steel tape ❑ electronic distance meter ❑
Number of measurements of entire course: 2 Date(s) when course measured: 5/8/07
Race date: 12/8/07 Course paperwork submission date: 7/31/07
Replaces: N/A (if applicable) Certification code: FL07013EBM
Notice to Race Director
Use this Certification Code in all public
announcements relating to your race.
Be It Officially Noted That
Based on examination of data provided by the above named measurer, the course described above and
in the map attached is hereby certified as reasonably accurate in measurement according to the stan-
dards adopted by the Road Running Technical Council. If any changes are made to the course, this cer-
tification becomes void, and the course must then be recertified.
Validation of Course — In the event a National Open Record is set on this course, or at the discretion
of USA Track & Field, a validation remeasurement may be required to be performed by a member of
the Road Running Technical Council. If such a remeasurement shows the course to be short, then all
pending records will be rejected and the course certification will be cancelled.
This certification expires on December 31 in the year 2 017
AS NA TIONALL Y CERTIFIED BY.
4_vc_ - n `- ate- Date: z-% 7
Everett McDowell • USATF/RRTC FL Course Certifier • 727-644-7608
1256 Stony Brook Ln, Dunedin, FL 34698 • emcdowe115 a,tampabay.rr.cotn
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Consent
Item
Event will have an outdoor band; offsite parking is available. See attached application.
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE AMERICAN
LEGION'S PICNIC
DEPT/DIVISION: ADMINISTRATION
Requested Action:
City Council consider approval of this outdoor event scheduled for 12-02-07 from 3-7 pm, at 105 Lincoln
Avenue, as requested by the American Legion.
Summary Explanation & Background:
Event will have an outdoor band; offsite parking is available. See attached application.
I recommend approval.
Exhibits Attached:
Outdoor Entertainment Permit Application
City Manager'Office
Department ADMINISTRATION
ca im my o ents\admin\council\meeting\2007\11-20-07\legion.doc
Revised 03-22-07
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT
Date: q , U _ O 'I
The applicant or representative agrees to be on site at all times empowered with authority over all aspects
of the event and empowered to act for the applicant.
Name of Applicant:40111 d ,, J (.C,Lf w' Title:
Firm: �ih L414V
Address: /DS ,-� // i✓ e c. 1,y 4ye— 3 910
Telephone: / V /c'll'' FAX:
Local Contact: f� � !G c4 Lt 4-5 Title:
Local Address (if different from above
Type of Event: A e—w l e, io" rS jC'le- e ut n A r,%)Lr I7 1.3 V'2 .S
Will Alcoholic Beverages Be Served on the Premises? YES_ NO
Event Date(s) in Cape Canaveral: /c . I / U d 0
Location(s): ) Date(s)
/UL
5 /,Je&Z7✓
Attach map(s) indicating event area and designated parking areas.
Time
[]Traffic Control ❑Use of Police/Fire Rescue Equipment
❑Street Closing ❑Vehicles/Equipment on Beach
)00ther ❑Vehicle Parking on City Property
_ _ P
Specify: 2 /�%r i.v c' 011 �' 21 c� J /3,✓ s' �/L� �c�l tz ri
.�/,J— pL Pte,...,,; L,,4
If applicant wishes to erect tents or other temporary structures in conjunction with the event, a building
permit application must also be submitted along with all pertinent information relating to the temporary
structures and their proposed location. Submittal of the building permit application will occur AFTER City
Council has approved the Outdoor Entertainment Permit.
By signing this application, the applicant acknowledges and agrees to the following provisions:
Revised 03-22-07
I. INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor
entertainment event against any and all claims and demands made by any person for injuries received in connection
with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits
of not less than $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00
damage to property, and for not less than $500,000.00 for damages incurred or claimed by more than one person for
bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall
be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the
premiums are paid.
Name of Insurance Co: 5,e—} //'�/, .y+ �r I Policy No:
Expiration Date:
II. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes
and other media related purposes.
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and
any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral.
IV. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections
waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been
otherwise provided for as required by said code. List any exemptions you are seeking.
/ �� 4, 4�2& Date y'A, /o 7
Applicant or Repr entative/Title
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Signature:
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape
Canaveral.
For further information, please contact: City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (321) 868-1230
Fax: (321) 868-1224
Handicap Parking or.
Parking concrete Fad
1$'x20' 4 + 1 151Y201
Handicap
Parking s ace
This area to remain
No new construction
Storage
i ', R storage storage
`m—
0
Thi. ssea to z®. du
IhJ ..e N No new cov.tz.etim
MIAeq ��t
storage w...e Storms
Thi..zee to zmin
No mer rn tructiam
i This .tee to
Lm.in
Storage
No new eoo.izuctioa
Y FWaWMdn
O•X
Cot Emr9an..y
office
8' x & _ ❑
_ .a
Outdoor lighting y !�
Tor door \
emergency door
to cut in here
deter drawing
« Concrete >>
parking on
gravel 11
4 on concrete
1 Handicap << C _ to >>
Outdoor UghtW9
for door
10'x8' opening is
to be walled in
see detail drawing
Property Line
Gravel
Dumpster Pad
1206
Dempster
ACORD,M CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY)
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Lockton Risk Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 410679 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW,
Kansas City, MO 64141-0679
INSURED American Legion Post #348
Challenger 7, Inc.
105 Lincoln Avenue
Canaveral, FL 32920
COVERAGES
INSURERS AFFORDING COVERAGE I NAIC#
INSURER A: Westport Insurance Corporation
INSURER B:
INSURER C:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
DD'LPOLICYMEFFFECCTIVE
POLICY NUMBER
POLICY EXPIRATION
LIMITS
A
GENERAL LIABILITY
WGL114008022200
01/05/2007
01/05/2008
EACH OCCURRENCE $ i, noo, 000
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES Ea occurence $ 300, 000
MED EXP (Any one person) $
CLAIMS MADE F] OCCUR
X
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $ 2, 000,000
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG 8 2, 000, 000
117 POLICY PRO LOC
AUTOMOBILE
LIABILITY
ANYAUTO
COMBINED SINGLE LIMIT $
(Ea accident)
BODILY INJURY S
(Per person)
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY $
(Per accident)
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE 8 .
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
OTHER THAN EA ACC $
ANY AUTO
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY
EACH OCCURRENCE $
AGGREGATE $
OCCUR El CLAIMSMADE
S
$
DEDUCTIBLE
$
RETENTION $
WORKERS COMPENSATION AND
WC STATU- OTH-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate Holder is listed as Additional Insured as respects to Picnic in Post Parking Lot at:
10 Lincoln Avenue on December 2, 2007.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Cape Canaveral DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 0 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
PO BOX 326 I OSE NO BLIGAT O LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
R RESENTA ES.
Cape Canaveral, FL 32920 AUTH67TES T
ACORD 25 (2001 /08)® ACORD CORPORATION 1988
DS#5930533 93486 Ll-;, C ____)
%JT7J5E24E_NTS AND ENTERTAIN';,,EENTS
ARTICLE L Illi GENERAL
Secs. 10.1-10.2. Reserved.
TICLE II. AMUSEMENT DE
CODE*
^
Sec. 1N26. Adopted.
(a) The Standard Amusement D vice Code,
1985 edit , published by the South rn Building
Code Congr s International, Inc., ' adopted by
reference as ough it were copie fully in this
article.
(b) Wheneve the term "a ministrative
authority" or "of cial" is used in he amusement
device code adopte in this sectio , it shall be con-
strued to mean the uilding o£fi ial of the city or
his authorized repre entative.
(c) Any person wh shall
Ilate or who shall
fail to comply with th code
dopted in this sec-
tion or who shall viol e or
ail to comply with
any order or regulatio m
de under the code
adopted in -this section o
o shall build in vio-
lation of any detailed sta
ent or specifications
or plans submitted and ap roved under such code
or any certificate or'pe ssued under such code
shall, for each and every s h violation and non-
compliance, respectivel , be
unished as provided
in section 1-15.
(Code 1981, §§ 628.01 628.0
)
Sec. 10-27. Amen ents.
The amusement evice code a opted in section
10-26 is amended follows:
('1) Section 108 1 is amended to r ad as follows:
Appointor nt. There is hereby established
a board t be called the constru tion board
of adjust ent and appeals, which -hall con-
sist of 1 ve members. The board hall be
appoint d by the city council.
(2) Sectio 108.2 is amended to read as fo ows:
108.2. Membership and Terms.
"Cross ref ence—Code enforcement, § 2.246 et seq.
108.2.1 Membership. Members of the con.
j stniction board of adjustment and appeals
',should be composed of injividuals with
owledge and exaerience
the technical
comes, such as design profes ionals, contrac-
tor�or building industry,irepresentatives.
A bo d member shall not act in a case in
which he has a persona or financial in-
terest.
108.2.2 rms. The ter s of office of the
board mem ers shall b two years from the
date of appo tment. ontinued absence of
any member rom r quired meetings of
board shall, at the 'scretion of the city
council, render ch member subject to
immediate remov from office.
108.2.3 Secretary o Board. The building
official or design a sh 1 act as secretary of
the board and s all m a detailed record
of all of its proc edings, w "ch shall set forth
the reasons fo its decision, he vote of each
member, the bsence of a m ber and any
failure of a ember to vote.
(3) Section 10 .3 is amended to rea as follows:
108.3 Q orum and voting. A si ple ma-
jority the board shall cons 'tute a
Secs. 10-28¢-10.45. Reserved.
3TICLE III. OUTDOOR
ENTERTAINMENT i
DIVISION 1. GENERALLY
Sec. 10-46. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Outdoor entertainment ece,-"s means any c ath-
ering of groups or persons for the purpose of par-
tCross references—Code enforcement, § 2.246 et sec.:
parks and recreation, ch. 54; streets, sidewalks and other oublic
places, eh. 66; buildings and building regulations, ch. 33;
zoning, ch. 110.
CD10:3
§ io-4o
CAPE CANAVERAL CODE
ticipating in, viewing, observing, watching or lis
tening to entertainment which consists of musical
renditions, sporting contests or events, festivals
or other entertainment not conducted within- a
completely enclosed structure.
(Ord. No. 23-92, § 1(729:01), 12-1-92)
Cross reference—Definitions and rules of construction gen-
erally, § 1-2. _
Sec. 10-47. Compliance with other laws
The staging, promoting or conducting of an out.
door entertainment event shall be in full and com-
plete compliance with all zoning and land use laws
in subpart B of this Code, beverage license laws
and other laws, ordinances and regulations appli-
cable to the city.
(Ord. No. 23-92, § 1(729.04), 12-1-92)
Sec. 10-48. Penalties for violations.
(a) Any person who violates, disobeys, omits,
neglects or refuses to comply with or who resists
the enforcement of any of the sections of this ar-
ticle shall be punished as provided by section 1-15.
(b) The city council may revoke the special out-
door entertainment permit granted and shall im-
mediately notify the city treasurer to revoke any
occupational license upon the occurrence of any
violation of this article.
(Ord. No. 23-92, § 1(729.07), 12-1-92)
Sec. 10.49. Occupational license required
It shall be unlawful for any person to stage,
promote or conduct any outdoor entertainment
event in the city unless he shall have secured an
occupational license as provided for in section
70-88, which occupational license shall be issued
only after issuance of the special entertainment
permit by the city council.
(Ord. No. 23-92, § 1(729.02), 12-1-92)
Cross reference—Occupational license taxes, § 70-88.
Sec. 10.50. Exceptions.
The city council shall have the right to waive
the applicability and necessity of any of the sec.
tions of this article to any outdoor entertainment
event sponsored by the recreational boards estab.
lished by the city or any outdoor entertainment
event promoted by a nonprofit organization, asso-
ciation or group if such outdoor entertainment
event of such organization, association or group
has been sanctioned or approved by the council.
Such sanction and approval of an outdoor enter-
tainment event promoted by such organization.,
association or group shall be based upon a suffi-
cient showing that the sections waived dealing
with the health, safety and welfare of those in
attendance, as well as the general public, have
been otherwise provided for as required by the
applicable standards set forth in this article.
(Ord. No. 23-92, § 1(729.08), 12-1-92)
Secs. 10-51-10-60. Reserved.
DIVISION 2. PERMIT
Sec. 10-61. Required.
Any person desiring to stage, promote or con.
duct any outdoor entertainment event within the
corporate limits of the city shall first secure a
special entertainment permit from the city council.
(Ord. No. 23-92, § 1(729.03(A)), 12-1-92)
Sec. 10-62. Application.
An application for a special outdoor entertain-
ment permit shall be submitted in writing to the
city council on forms provided for this purpose at
least 45 days in advance of the date of commence-
ment of the outdoor entertainment event for which
the permit is requested, in order to permit the
council to evaluate the application in an orderly
and expeditious manner. The application shall con-
tain the plans, documents and information speci-
fied in this section. No permit shall be issued by
the council until receipt and approval of all plans,
documents and information and until the following
minimum conditions are met or such higher con
ditions as required by the council upon a review of
any unique problems contained in the plans, doc-
uments and information are met:
CD 10:4
(1) Adequate plans for site construction_, sani-
tation facilities, sewage disposal, garbage
and refuse disposal, drainage, floodlighting
during darkness, insect and rodent control,
water supply and food service. For the
pur-
poses of evaluating such plans, the stan-
dards established by the rules of the state
??E U STEN ;NTS AND ENTER T _a1111,MENTS § 101-62
division of health in the sanitary code of
the state shall be considered as minimum
recuirements. For the purposes of this ar-
ticle, part IV, chapter IOD -25, excluding sec-
tions 25.077, 25.078, 25.079, 25.080, of the
Florida Administrative Code and any suc-
ceeding =rule, regulation or law shall be con-
sidered specifically applicable to the oper-
ation of an outdoor entertainment event. In
evaluating the plans, the council shall also
consider the applicability of F.S. ch. 386,
part I, and such other provisions of law, the
sanitary code or local ordinances as it may
deem necessary in the interests of the public
health and welfare.
(2) An adequate geographic description and
scale map or plan of the festival site
showing the location of all required facili-
ties, including adequate traffic control and
parking facilities outside the performance
area. Such plans shall provide for at least
one parking space for every five patrons
and for safe transportation of the patrons
from the parking area to the performance
area. No motor vehicle shall be permitted
outside, the designated parking area, ex-
cept when necessary to ensure compliance
with this article.
(3) An adequate plan for medical facilities.
There shall be provided one physician li-
censed in this state on duty at all times for
every 2,000 patrons, one nurse licensed in
this state on duty at all times for every
1,000 patrons, one bed or cot for every 200
patrons, complete and sterile supply of med-
icines, bandages, medical compounds, med-
ical instruments, serums, tape and such
other supplies as are necessary to treat ad-
verse drug reactions, cuts, bruises, abra.
sions, bites, fractures,'infections and other
injuries commonly connected with such out-
door activities.
(>) An adequate plan for internal security,
traffic control, communications, fire protec-
tion and emergency services, including am-
bulance service, in and around the event
area. Such plan shall provide for at least
one person professionally trained in secu-
CD10:5
rity and traf is control on duty at all times
I
or every 500 patrons, with no security per-
sonnel working more than one eight-hour
shift in any 24-hour period. The plan shall
include a detailed description of the plan of
security, traffic control, communications,
fire protection and emergency services, in-
cluding ambulance service, to be used and
how it is to be implemented, and a detailed
background on the training and ability of
the personnel to be used in implementing
such plan.
(5) A full and complete disclosure of the finan-
cial backing of the outdoor entertainment
event, including the names of all persons
with a direct or indirect financial interest
in the staging, promoting or conducting of
such event, whether such interest be by
virtue of ownership in any entity staging,
promoting or conducting such event, status
as an employee of any person staging, pro-
moting or conducting such event or any in-
volvement by which such person stands to
gain or lose financially from such event.
(6) The names of all persons or groups who will
perform at the outdoor entertainment event
and executed copies of all contracts or agree-
ments with such persons or groups.
(7) The names of all persons who will provide
products, materials or services, other than
entertainment, to or at the outdoor enter-
tainment event and executed copies of all
contracts or agreements with such persons.
(8) The exact date and time of commencement
and the exact date and time of the conclu-
sion of the outdoor entertainment event. No
event shall begin before 10:00 a.m. or end
after 10:00 p -m.
(9) A written public liability insurance policy
insuring the person staging, promoting or
conducting the outdoor entertainment event
against any and all claims and demands
made by any person for injuries received in
connection with the staging, promoting, con-
ducting or attendance of or at the outdoor
entertainment event, written within limits
of not less than $300,000.00 damage or in-
§ 10.62
CAFE C?_NvA7r as. CODE
jury to any one person for bodily injury or
other -.rise, plus $25,000.00 damage to prop-
erty, and for not less than $500,000.00 for
da,nages incurred or claimed by more than
one person for bodily injury or otherwise,
plus $50,000.00 for damages to.property.
The original or duplicate of such.policy_shall
be attached to the applications fgz a,�special
outdoor entertainment perm it, 'together
with adequate evidence that the premiums
are paid.
(10) Such additional conditions, criteria or de-
tailed specifications for the special enter-
tainment permit established by resolution
of the city council as the council may deem
necessary to carry out the intent of this ar-
ticle for the protection of the public health,
morals, safety and general welfare, in-
cluding insurance coverage in addition to
the amounts and types of coverage speci-
fied in subsection (9) of this section.
(Ord. No. 23-92, § 1(729.03(B)), 12-1-92; Ord. No.
8-94, § 1, 2-1-94)
Sec. 10-63. Fee.
The city council shall assess, upon the filing of
the application for an outdoor entertainment
permit, a minimum nonrefundable fee per day es-
tablished by resolution of the city council and set
forth in appendix B to this Code.
(Ord. No. 23-92, § 1(729.00, 12-1-92)
Sec. 10.64. Cash cleanup bond.
Any person holding a special outdoor entertain-
ment permit shall deposit with the city treasurer
a cash bond in the amount of $500.00. The cash
bond shall be for the expense of cleaning up any
debris, paper, litter or trash left by the patrons at
the outdoor entertainment event or by the holder
of the permit or his agents, employees or contrac-
tors. The cash bond shall be returned to the holder
of the permit upon certification by the city man-
ager that all debris, paper, litter or trash has been
removed from the premises on which the outdoor
entertainment event was held within 24 hours
from the designated conclusion time of the out-
door entertainment event and that no damage has
been done to the streets, sewers, structures, trees
and shrubbery on such pre -rises or the adjoining
property. Upon failure of the holder of the permit
to complete such cleanup or repair such damage
within the 24-hour time period, the city shall have
the right to forthwith take such corrective action
as it may deem necessary and to deduct the cost of
cleanup or repair from the amount of the cash
cleanup bond.
(Ord. No. 23-92, § 1(729.06), 12-1-92)
Secs. 10-65-10.85. Reserved.
1
ARTICLE IV. ADULT ENTERTAD4AMNT*
DIVISION 1. GENERALLY
Sec. 10.8(. Definitions.
The followihg words, terms and phrases, when
used in this article, shall have the/meanings as-
cribed to them ifiNthis section, ex ept where the
context clearly in ates a differ w,nt meaning:
Adult arcade mean an establishment where,
for any form of consider tion, one or more motion
picture projectors, slide p ojeciors or similar ma-
chines for viewing by fiveqr," fewer persons each
are used to show films, moti pictures, video cas-
settes, slides or other photdgr hic reproductions
which are characterized by' emp asis upon the de-
piction or description of specified xual activities
or specified anatomical areas. For a purposes of
this article, adult arcade is include within the
definition of adult motioin picture the ter.
Adult bookstore means a place that s is or of-
fers
f
fers for sale, for any; form of consideratio adult
materials, the gross�sale of which represent ore
than ten percent of'the gross sales of the pla or
that comprises more than ten percent of the i i-
vidual items it displays on the premises as i -
`Cross references—Code enforcement, 12-246 et sec.; reg
ulations regarding nudity on alcoholic beverage establish-
ment premises, § 0.27; public nudity prohibited, § 50-2; occu-
pational license tsxes, § 70-66 et seq.; zoning ch. 110; adult
entertainment establishments permitted by special exception
in the M-1 light industrial and research and development dis-
trict, § 110.354.
CD10:6
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Consent
[tem
7
No.
100, 200 and 300 blocks.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: PROPOSAL TO CONSTRUCT SIDEWALKS ON BUCHANAN
AVENUE IN THE AMOUNT OF $45,309
DEPT/DIVISION: PUBLIC WORKS/STREETS
Requested Action:
City Council consider the proposal to construct sidewalks on Buchanan Avenue in the amount of $45,309 by
Mudrak Engineering and Construction Company as recommended by the public works director.
Summary Explanation & Background:
Mudrak Engineering & Construction Company was awarded RFP #06-01 on 04-04-2006 for continuing
concrete services contract. Sidewalk construction will be on the north side of Buchanan Avenue, within the
100, 200 and 300 blocks.
This is a budgeted item.
See attached memo from the public works director.
I recommend approval.
Exhibits Attached:
Public works director's memo; Proposal; Aerial Photo
City Mana Office_ /
Department PUBLIC WORKS/STREETS
ca - kim\ doc admin\counci meeting\2007\11-20-07\sidewalks.doc
To: Bennett Boucher — City Manager
Tkuq : Walter Bandish — Public Works Director tZp
From: Jeff Ratliff— Stormwater Administrator
Date: October 26, 2007
Re: Agenda Item — November 20, 2007 Meeting
Sidewalk Construction — Buchanan Avenue
As part of the City's Prime Path Sidewalk Project to construct sidewalks in the Presidential
Streets area, Public Works staff has selected the north side of Buchanan Avenue for FY2007-
2008. The proposed sidewalk will connect with the existing sidewalk near Ridgewood Avenue
and extend westward to SR AIA.
The City's concrete contractor, Mudrak Engineering and Construction Company (MECC),
has provided a quote for $45,309 to perform the work. Funds ($50,000) were budgeted for
FY2007-2008 under 001-7-541.6300 (Improvements Other Than Buildings — Prime Path
Sidewalk Project).
Public Works staff recommends approval to award MECC the sidewalk construction
project in the amount of $45,309.
Contract Agree
October 15, 2007
Mudrak Engineering and Construction Co. . .
Dale Mudrak P-8., President (Lic. # CB C060403)
21522 Hobby Horse Lane
Ckistmas, FL 32709
Tel 407-5681833
Pax 407-568-1833
To: Ms. Kay McKee
City of Cape Canaveral
601 Thurm Blvd- PO Box 326
Cape Canaveral, FL 32920-326
TEL 321-868-1242
FAX 321-868-1233
Scope of Services:
We propose to provide all Labor and materials necessary for the construction of 1084 feet of sidewalk
located on North side of Buchaum Avenue in the City of Cape Canaveral, FL. The proposed
sidewalk will be 4 feet wide, 4 iuches.thick, min 3000 -PSI concrete with fibermc* expansion joints
every 30 feet and construction joints every 5 feet. Driveway crossings will be 6 inches thick and 8
inches thick in front of dtmpster. A breakdown of footage is as follows, 4 inch thick 690 feet, 6
inches thick 394 feet and 8 inches thick 30 feet. All dishubed areas will be sodded. Traffic control
will also be provided during bion Imprints will be utilized at sttvet. crossings.
Legal Description: (legal description to be provided)
City of Cape Canaveral
Buchanan Avenue
We propose to finish all material and labor in accordance with the above specifications for the sm
of Forty Mve Thousand, Tyres -Hundred Nine Dom and W104 {$,45,309.80)
Payments to. be made as feflo vs: Progressive payap wets as work is completed. Full payment is due
-vAthin 15 clays of completion-
Contractor's
ompletion
Contractor's Signature: e0jkA1,01141
Acccptanoe of proposal, the above price, specifications, attached general conditions and itemized
quote are satisfactory and are hereby accepted. You are authorized to do work as specified Payment .
will. be made as outlined above.
Owner's Signature:
Dais:
Z0/T0 39dd 1SN00 B 9N3 71t7danw 9LOT89SLOP 9b:E0 L00Z/5T/0T
General Conditions
I. Any alteration or deviation from the specifications, including, but not limited to an alteration
involving additional materials and or labor, will be executed only upon a written order signed
by the owner and contractor and shall be incorporated in and bccomc part of this contract. If
thew is any charge for such alteration or deviation, the additional charge shall be added to the
contract price.
2. If payment is not made when due, contractor may suspend work on the job until such twe
that all payments due are made. Failure to make payment for a period in excess of 15 days
from the due date of payment shall be deemed a material breach of this contract.
3. Work shall be completed in a workman -like manner and W compliance with all building codes
and other applicable laves.
4. To the extent regimred by law, work shall be pedomled or administered by individuals duly
licensed and authorized by law to perform said work_
5. The Contractor may at its discretion engage subcontractors to perform work hereunder,
provided Contractor shall. My gay said subcontractor and in 0 histanms remain
responsible for the pmper completion of this contract.
6. The Conhwtor shall furnish Owner appropriate releases or waivers of lien for all work performed
or materials provided at the time.the nes# periodic payment is due.
7. The contractor agrees to remove all debris and leave the premises in broom clean conditim
S. The contractor shall not be liable for any delay due to circumstances beyond. his control
including weather condition strikes, casualty or general unavailability of materials.
9: The contractor warrants work for a period of 12 months following completion.
10. The coubcactor represents- that it has purchased and agrees that it will keep in force for the
duration of the work in a company lawfully authorized to do business in the state of Florida,
such insurance will protest the color and owner of the site, from claims for loss or
injury which might arise out of or result from the contractors operation under this project,
weather such operation be by the contractor or by a subcontractor or its subcontractor. The
contractor represents and agrees that said insurance is written for and shall be maintained in
an amount not less Om the limits of the liability required by law.
11. Note that this proposal does not mdude improvements that are required due to unforeseen.
conditions. This includes but is not limited to termite or rot damage. It also does not inchkk
irrxpzovements that are required as a result of unforeseen soil conditions.
12. Due to the Fluctuations in material costs, any increases in materials beyond 5% shall be passed on
to the owner.
13. In the unlikely event that Mudrak ging and Construction Company, is required to file civil
action or institute any collection efforts against the customer, the customer agrees to pay any and
all costs, fees, expenses, and aftoruey fees incurred by Mudrak Engineering and Construction
Company, regardless of weather suit is actually filed .and including but not limited to any and all
costa, fees, expenses, and attorney fees incurred on s eal or in any postiudgment collection
efforts or proceedings.
14. Proposal is good for 60 days.
Z0/Z0 39dd 1SN00 ? 9N3 Avaanw 9LOT89SLOV 9b:E0 L00Z/5T/0T
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Consideration
Item
8
No.
proposal will provide a new video with the assistance of the Business & Cultural Development Board.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: PROPOSAL FOR A MARKETING AND PROMOTIONAL
VIDEO IN THE AMOUNT OF $10,000
DEPT/DIVISION: BUSINESS & CULTURAL DEVELOPMENT BOARD
Requested Action:
City Council consider the proposal from Communications Concepts, Inc. to provide a 3-5 minute marketing
and promotional video on DVD, in the amount of $10,000, as recommended by the Business & Cultural
Development Board.
Summary Explanation & Background:
Communications Concepts, Inc. created the City's first marketing and promotional video in 1997 and this
proposal will provide a new video with the assistance of the Business & Cultural Development Board.
This is a budgeted item.
Exhibits Attached:
CCI's Proposal
City Manager's Office _
Department BUSINESS & CULTURAL
2`
DEVELOPMENT BOARD
cape- m\myd�c�ne \admin\council\meeting\2007\11-20-07\video.com
4 TO: City of Cape Canaveral Date: 10-22-07
ATTN: Bennett Boucher
PHONE: 321-868-1230 FAX: 321-868-1230
Communications
Concepts, Inc. N RE: AGREEMENT FOR APRODUCTION BY
COMMUNICATIONS CONCEPTS, INC.
7980 North Atlantic Avenue, Cape Canaveral, Florida 32920 321-783-5232
Communications Concepts, Inc. (CCI) agrees to provide the City of Cape Canaveral 105
Polk Ave Cape Canaveral FI 32920 the following:
Work by CCI will include: Writing/Producing a 3-5 minute Marketing and Promotional
video on DVD. This 3-5 minute color video will include a pictorial overview of the city and
business incentives and quality of life attributes that makes Cape Canaveral a perfect
place to live, work and play. CCI will work closely with the City of Cape Canaveral
designated staff for content and approvals.
Pre -Production
CCI will present three (3) creative concepts to The City to choose the direction for project.
CCI will provide scriptwriting with up to (2) revisions for final script approval.
CCI will provide voice-over talent demos and post them to the Web from which The City
will choose one.
Production
CCI will provide two (2) 10 -hour day, on -location shoots in Cape Canaveral.
Camera package includes:
• 3 Chip Broadcast Quality Digital Camera with Digital DV recorder.
• Tripod with dolly and fluid head
• Wireless lapel or handheld microphone
• Shotgun camera mounted microphone
• Location lighting kit
• Color monitor and headphones
• (3) camera batteries, AC power supply and charger
• (6) NP1 batteries for monitor
• (2) 60 minute Digital DV raw tapes
• Production Van
Crew includes:
• Producer/Director of Photography Cameraman
• Grip/Cam Assistant
Post -Production
• Avid Softlmage DS non linear editing with award winning editor — 20 hours
• 2D Graphic design for logos, etc — 1 hours
• Voice-over recording in sound booth — 1 hour
• Professional voice-over talent — client approved.
CCI PROPRIETARY INFORMATION: This proposal contains proprietary information owned by
Communications Concepts, Inc. (CCI) that requires protection from unauthorized disclosure. This information
may not be shared or distributed to others without the express written consent of CCI.
2 Agreement for A/V Services by Communications Concepts, Inc.
10/22/07 - Continued
• License music — client approved 1 cut
• CCI owned stock footage — 4 cuts
• First edited version posted on CCI's Web site for clients to review online
• Final audio mix of voice over and music
• Final edited version posted on CCI's Web site for client to review online
• D5 digital master archived in CCI's tape library for client's safety and back up
• Beta SP tape master — delivered to client
• DVD master straight play no menu — delivered to client
Total — $10,000
DETAILED ESTIMATED PROJECT TIMELINE
First meeting with CCI staff and The City of Cape Canaveral staff decision makers
involved in project to which CCI will present three (3) creative concepts for 3-5 minute
DVD presentation.
2 working days — City will decide on one concept to begin script writing process.
7 working days — First draft of script given to City of Cape Canaveral to review and make
changes. Voice over selection — CCI will post professional voice-over talent demos on
CCI's website for City to review. City comments back by 2 working days.
5 working days — Second draft of script delivered to The City of Cape Canaveral to review
and finalize. City comments back by 2 working days.
3 working days — Final script approved by City. Shooting schedule and locations are
finalized. Voice over talent selection is finalized.
(Note: No location fees are anticipated or calculated at this time of writing. All locations
will be approved by City and any permitting required will be addressed.)
6 working days later — Two (2) 10 hour days of shooting are started.
6 working days later — Post -production begins with voice-over recording and music
selections posted on CCI's Web site for The City to review and make selections up to 2
working days later.
5 working days — First rough cut is posted on CCI's Web site by end of day for City to
review and make comments up to 2 working days later. Optional DVD can be delivered to
city next day before noon, if needed.
5 working days — Final edited version is posted on CCI's Web site by end of day for
review and to make comments up to 2 working days later. Optional DVD can be delivered
before noon if needed.
5 working days later — Final mastering to Beta SP and DVD delivered to City
CCI PROPRIETARY INFORMATION: This proposal contains proprietary information owned by
Communications Concepts, Inc. (CCI) that requires protection from unauthorized disclosure. This information
may not be shared or distributed to others without the express written consent of CCI.
3 Agreement for A/V Services by Communications Concepts, Inc.
10/22/07 - Continued
Terms - $5000 paid in advance to begin work and set schedule. $2500 due after
completion of (2) 10 hour shoot days. Remainder billed NET 10 days of completion and
delivery of masters.
Client requested changes in previously approved work will be billed at standard catalog
rates.
Out of pocket expenses directly attributable to the project will be billed to the client at cost
plus a handling charge of 15%. Out of pocket expenses must have prior approval of
All production sessions canceled with less than 48 hours notice will be billed a minimum
of 50% of the scheduled session fee.
Compensation will be billed and due on a monthly basis on the percentage of work
completed.
Invoices are due and payable upon presentation. Interest will be charged upon
delinquent accounts at the rate of 18% per annum commencing fifteen (15) days after
invoice date.
Should it become necessary to obtain a third party to collect our fees for our services, you
hereby agree to pay all costs of such collections, including attorney's fees.
All claims for adjustment must be presented to CCI in writing within ten (10) days from
date of invoice.
All material brought to CCI are subject to technical evaluation and may be rejected for use
if it fails to meet minimum standards.
CCI has the right to refuse to work with material that it deems misleading, indecent,
libelous, unlawful or otherwise prejudicial.
Communications Concepts may retain materials delivered to or produced by CCI, and
may further hold a lien and/or assume full usage rights for materials produced, until all
compensation is remitted in full.
CCI retains ownership of all designs and other production elements in non-composited
form and data bases created by CCI unless otherwise specified in writing. Client retains
ownership and unlimited use of all raw footage and final composited masters.
CCI will store client materials for a fee, at client's option. Tapes will be stored for $5.00
per tape for a year. At the end of a year from project completion, materials will become
property of CCI unless the client makes other arrangements.
Shipping will be provided, at client's option, for cost plus 15%. Handling charges are
$2.50 per package.
The client will indemnify and hold harmless CCI with respect to any and all damages,
costs, penalties, including attorney's fees, and/or losses of any kind which may be
CCI PROPRIETARY INFORMATION: This proposal contains proprietary information owned by
Communications Concepts, Inc. (CCI) that requires protection from unauthorized disclosure. This information
may not be shared or distributed to others without the express written consent of CCI.
4 Agreement for AN Services by Communications Concepts, Inc.
10/22/07 - Continued
obtained against, imposed upon or suffered by CCI for use of any products or materials
supplied by you or in connection with your use of any or materials provided by CCI.
No liability shall exist on CCI's part for loss or damage to client's tapes or materials due to
any cause in excess of the replacement value of the unrecorded or unexposed stock
items supplied.
All compensation is predicated upon no requirement for overtime to meet your schedule.
In the event you request work necessitating overtime by our personnel, you will be billed
for the differential cost of the overtime.
In the event that production shall be prevented or delayed due to acts of God or other
contingencies beyond control of CCI any delivery dates will be appropriately adjusted.
If during the course of this agreement, client prevents work from progressing, a re -start
fee of $500.00 may be charged if work does not resume within thirty days from written
notice that work has stopped. Work stopped by the client for over ninety days may be
considered termination of the agreement with all aspects of agreement termination in
force.
This agreement may be terminated with 30 days written notice by either party without
cause. At the end of the 30 day period all invoices must be paid in full. If the client
exercises this option, client agrees to pay a cancellation charge equal to 15% of the
balance of agreement amount.
CCI schedules personnel and equipment at its discretion. The facility will give its best
effort to notify clients of any changes. However, CCI reserves the right to substitute
comparable resources or to assign or subcontract all or part of the work ordered to parties
or individuals with equal or superior expertise as needed.
CCI retains the right to use all work for demonstration purposes.
CCI retains the right to credit itself at the end of all work produced.
Compensation rates are based on the terms and conditions herein above set forth on the
execution date of this Agreement. If any additional work is required by our production
because of changes in these terms and conditions, it will be billed at our hourly rates.
The rates and conditions of this proposal remain valid for 90 days.
COMMUNICATIONS CONCEPTS, INC. ACCEPTED BY:
General Manager
WITNESSES:
TITLE:
DATE:
BILLING CONTACT:
CCI PROPRIETARY INFORMATION: This proposal contains proprietary information owned by
Communications Concepts, Inc. (CCI) that requires protection from unauthorized disclosure. This information
may not be shared or distributed to others without the express written consent of CCI.
Agreement for AN Services by Communications Concepts, Inc.
10/22/07 - Continued
PROJECT CONTACT:
CCI PROPRIETARY INFORMATION: This proposal contains proprietary information owned by
Communications Concepts, Inc. (CCI) that requires protection from unauthorized disclosure. This information
may not be shared or distributed to others without the express written consent of CCI.
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Consideration
Item
9
No.
The $4,750 installation cost is by a different vendor and will be given a separate purchase order.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF AN EMERGENCY
GENERATOR FOR SEWAGE LIFT STATION #1, IN THE AMOUNT OF $59,370
DEPT/DIVISION: PUBLIC WORKS/WWTP
Requested Action:
City Council consider the cooperative purchase of an emergency generator for sewage lift station #1, in the
amount of $59,370, from Tradewinds Power Corporation utilizing the Florida Sheriff's Association Bid as
recommended by the public works director.
Summary Explanation & Background:
See attached recommendation memo and generator specifications.
The $4,750 installation cost is by a different vendor and will be given a separate purchase order.
This is a budgeted item and I recommend approval.
Exhibits Attached:
Public Works Director's memo; Product Specifications
City Managee)s Office
Department PUBLIC WORKS/WWTP
c kim\rkZdoc admin\council\meeeting\2007\11-20-07\generator.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Walter Bandish
Public Works Director
DATE: October 24, 2007
SUBJECT: City Council Agenda Item for November 20, 2007
Standby Generator for Lift Sta. #1
The Florida Sheriffs Association awarded the bid to Tradewinds Power Corp. of Miami
Fl. For Standby Generators.
The Public Works Department Has budgeted for a standby Generator in this Budget Year
2007/2008 for Lift Station # 1 in the amount of $80,000 From the Sewer Enterprise Fund.
Cost for Generator and transfer Station $ 59,370. Installation cost is $4,750. Total cost
of this Project $ 64,120.
This is the 5 year plan that staff put together to complete Standby Generation Systems to
all critical Lift Stations throughout the City. This will retain full service to all Residents during
power outages and hurricanes. throughout a Power Outage and Hurricanes, also retain full
service to the residents.
Recommend the approval of $ 64,120 to Tradewinds Power Corp. of Miami Fl. For
125kw generator.
Attachment
CC: File
POWER CORP
5820 NW 84th Avenue Mlami, Florida 33166
Tel 305-592-9745 FAX 305-592-7461
www.tradewindsp4pwer.com
TO: City of Cape Canaveral Florida
Filters
Pump Sets
Power Units
Generator Sets
Automatic Engine Controls
p.o. box 326 Quotation # PS9749Q r1
Cape Canaveral, FI. 32920-0326 October 2, 2007
Tel: (321)-508-2595 Fax: (321)-868-1233
Attn: Mr. Larry McCormack
Cape Canaveral Lift Station
We are pleased to offer this Ountatinn as riMnilod hMnw
f.
D .,
trll
J�tAfi
29,889
1
Bid Award No. 07-15-0827, Specification Section #63 - 125Kw Generator Package
29889
1
Model TP150 TP -480 Total-Pac Tradewinds Generator Set;
28,641
28,641
150 KW (187 KVA) Standby, 135 KW (169 KVA) Prime Power
277/480 Volts [reconnectable], 60 Hz, Three Phase, 0.8 Power Factor
Amp Load Capacity: 225; Load Bank tested.
Perkins Diesel engine, Model 1106D-E66TAG3 TIER 3 @ 1800 RPM complete
with 12 Volt Electrics, Radiator & Guard
Brushless Single Bearing Alternator with PMG and DVR 2000E
Automatic Voltage Regulator & Vibration Isolation Mounts
Tradewinds NFPA 110 Digital Instrument/Control Panel with Safety Shutdowns
Complete with DC Voltmeter, Hourmeter, Oil and Temperature Gauges
Frequency Meter, Ammeter & Voltmeter with Phase Selector Switch, Engine
Cool Down Timer, Remote "E" Stop Contacts, Remote Auto Start Control, Low
Fuel Level Alarm, Breakers for A/C and D/C, and a Emergency Stop Push Button.
Optional Equipment included in above pricing:
Battery Rack and Cables
Battery Charger installed and mounted in interior wall
Critical Silencer, Space Saver type mounted in turn hood with rain cap.
Steel exhaust flex and necessary wrapping and support brackets
Electronic Governor
Digital Generator control panel which meets NFPA 110 and has Auto -start
Jacket Water Heater & automatic battery charger are prewired to standard
duplex recepticale that is mounted inside of weather enclosure.
Heavy Duty Canister Type Air Cleaner
Step Down Transformer 480vac - 240vac.
Jacket Water Heater installed and wired.
500 Gallon, UL approved, Double Wall Sub -Base Fuel Tank with lifting eyes
Low fuel, Leak detection, fuel senders, skid plate, and necessary fittings.
Oil & Water Drain Lines Installed with Antifreeze installed
Total - Pac Sound Enclosure to obtain 73dba at 23 feet. Air to be discharged
vertically and all following equipment is to be mounted and wired.
Enclosure shall be made from .125 marine grade aluminum and shall be finished
powder coated with stainless steel hardware. Each door shall have gas shocks
to ensure proper opening of the access doors.
400amp, 3 Pole, UL Listed Generator Breaker Mounted In Nema 1 Box pre-
wired to Generator and ATS.
A. (1) Open Style Transfer Switches (250) amp 3 pole, [Mounted]
B. (2) NEMA 4X Disconnect Switches (250) Amp [Mounted]
Sub Total, FOB our warehouse, Miami, Florida
058,530
Cost adder for different color powder coat paint finish
840
Delivery to Cape Canaveral, Fl. Curbside
inc.
inc.
Total
58.530
State & Local Tax as Applicable
P.. -
- • •'# 9'1
Estimated Shipping date from receipt of order: 12 - 14 Weeks
Price Validity: 45 days; 25% Deposit Required; 15% Cancellation Charge for Restocking.
Letter of Credit: Irrevocable, confirmed on any U.S. bank with payment at sight in U.S. dollars. 5 3
All banking charges for account of applicant.
Wire -Transfer: Tradewinds Power Corp Division of Southeast Diesel Corp
F/B/O PNC Bank
Acct# 8025724597 ABA# 031207607 Paul Staples
n
A9 FAC"
' FLORIDA
oEf
COUNTIES
All About Florida
FLORIDA SHERIFFS ASSOCIATION,
FLORIDA ASSOCIATION OF COUNTIES &
FLORIDA FIRE CHIEFS' ASSOCIATION
125KW GENERATOR PACKAGE
SPECIFICATION #63
2008 Trade Winds TJ125
The Trade Winds TJ125 purchased through this contract comes with all the standard equipment as specified by the manufacturer for
this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base
price as awarded by specification by zone.
ZONE: Western Northernentral Southern
BASE PRICE: $30,324.00 $30,264.00 $29,889.00 $29,739.00
While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to
identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment
needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we have
created specific add/delete options which allow the purchaser to tailor the vehicle to their particular wants or needs.
The following equipment delete and add options and their related cost are provided here to assist you in approximating the total cost
of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you
wish deleted from the base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the
approximate cost of the type vehicle(s) you wish to order.
NOTE: An official listing of all add/delete options and their prices should be obtained from the appropriate dealer in your zone when
preparing your order. Additional add/delete options other than those listed here may be available through the dealers, however, those
listed here must be honored by the dealers in your zone at the stated prices.
Please refer to the "Overview of Awarded Specifications" for vehicles which were low bid. All vehicles indicated with the
are low bid for Bid 07-15-0827 - those indicated with O are low bid for Bid 06-14-0821 and 06-14-0821A.
Bid Award Announcement (07-15-0827) 1724
FLORIDA SHERIFFS ASSOCIATION,
FLORIDA ASSOCIATION OF COUNTIES &
FLORIDA FIRE CHIEFS' ASSOCIATION
SPECIFICATION #063 - 125KW GENERATOR PACKAGE
2008 Caterpillar DP125 ; 2008 Trade Winds TJ125
2008 Wacker G160
NOTE: PLEASE CONSULT YOUR AWARDED VENDOR BEFORE PLACING YOUR
ORDER.
ALL ITEMS FACTORY INSTALLED UNLESS OTHERWISE INDICATED
INSTRUCTIONS: Listed above, you will find the model numbers of the vehicles that will be included in this year's
contract.
1. GENERATOR REQUIREMENTS:
a. Standby duty rated at 125.0 EKW, 156.3 KVA, 8 power factor.
b. 3 phase, 60 hertz, 1800 rpm
c. Directly connected to the engine flywheel housing with flex coupling.
d. Generator shall meet performance class G3 of IEC.
e. Unit shall be in compliant to UL 2200 standards.
2. ENGINE:
a. Water cooled diesel engine, sized for generator set.
b. Emission compliant engine.
3. CONTROLS:
a. Solid state, microprocessor based generator controls.
b. Controls shall provide all operating, monitoring and control functions for generator set.
4. ENCLOSURE/SILENCER:
a. Complate diesel engine generator set including control panel, engine starting batteries and fuel oil tank
shall be enclosed in a factory assembled water protective, sound attenuated enclosure.
b. Critical grade silencer.
c. Companion flanges.
d. Flexible stainless steel exhaust.
5. FUEL TANK:
a. Double wall sub -base tank integral to enclosure.
b. 24 hour capacity.
c. Rupture basin with 110% capacity.
d. Locking fuel caps.
e. Mechanical fuel level gauge.
f. Low fuel level alarm contact.
g. Fuel tank rupture alarm contact.
h. Must meet UL 142 and FDEP standards.
6. BATTERY CHARGER:
a. Current limiting battery charger to automatically charge batteries.
b. Charger shall be dual charge rate with automatic switching to boost rate when required.
c. Charger shall be mounted on genset package.
07-15-0827
7. START UP AND TESTING:
a. Vendor must coordinate all start up and testing activities with the engineer and owner. After installation is
completed by others and normal power is available, the vendor must perform a one (1) day start-up
including the use of building load. The start-up technician will instruct all necessary personnel how to
operate and maintain the equipment in accordance to the manufacturer's requirements.
8. CONDITIONS:
a. In addition to equipment specified, each generator shall be equipped with all standard equipment as
specified by the manufacture for this model and shall include but not be limited to the following necessary
items:
b. Initial filling of oil and antifreeze.
c. Shrink wrap applied to the product to ensure a clean finish.
d. During the start-up, the technician shall record the following information and provide to the owner for his
records:
e. Record Operating Voltage, Hz, Ph, and connected load (Amperage)
f. Package information consisting of Make of generator (Cat, Wacker, or Tradewinds), Model (TJ 125 TP20,
DP 125, etc.), Serial number of complete package, and Start-up date.
g. Record engine and generator serial numbers.
h. One complete set of operation and maintenance manuals.
i. Two (2) year or 1500 hour standard standby generator warranty. Labor, materials, and travel for the
warranty period repair will be paid by manufacturer during normal business hours.
9. CONDITIONS
In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the
manufacturer for this model and shall comply with all EPA Emission Standards and all Motor Vehicle Safety
Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles.
The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class
operating condition. Pre -delivery service, at a minimum, shall include the following:
a. Complete lubrication.
b. Check all fluid levels to assure proper fill.
c. Adjustment of engine to proper operating condition.
d. Inflate tires to proper pressure.
e. Check to assure proper operation of all accessories, gauges, lights, and mechanical features.
f. Focusing of headlights.
g. Cleaning of vehicles, if necessary, and removal of all unnecessary tags, stickers, papers, etc. DO NOT
remove window price sticker or supplied line sheet.
07-15-0827 2
AdEh` TRADEWINDS Model TPI50-III
_'WAF GENERATOR SET.' E.P.A. Tier e IH Compliant
Power When You Need It
1
.�
... =.
, �
Prime
TT- TVP
'TT
l "'T T T1 T'
. Remote Annunciator Panels
�
PH
Hz
i
I �
output
Plugs.
r
# of
• Oversized Generator Ends for Motor Starting
. Automatic Battery Chargers
• PMG Generators and Special Voltage Regulators
E
kW
SkVA
Amp
Wires
(kVA)
(kVA)
output
120/240
1
60
A�
135
Generator Set Ratings - Stand-by
Standard Enclosed Generator Set Features
• Perkins Diesel Engine Model 1106D-E66TAG3 (Tier III )
• Single Beating Direct Coupled Alternator With Class
`H' insulation, Sized for 130°C Temperature Rise over 40°C
• Weather Protective Sound Attenuated Enclosure constructed
of Marine Grade Aluminum with White Powder Coated
Paint Finish & Stainless Steel Hardware. Enclosure includes:
• Residential Rated Interior Mounted Exhaust Silencer &
stainless Steel Flex Connection with rain cap
• Oil & Coolant Drain Lines w/ Ball Valves
• Hinged / Removable / Keyed Alike Doors
• Control Panel (UL Approved) Mounted in Enclosure with
access door to allow exterior viewing.
• Mounted on Steel Sub -Base with four (4) vibration isolators,
Corner Lifting Eyes and opening for Electrical Stub -up. Op-
tional Single and Dual Wall Fuel Tanks for 12 and 24 hour
operation (Rated 75% of Prime).
• Radiator sized for 120OF Ambient Clearance.
• Dry Type Air Cleaner
• 12 -Volt Starter, Engine Mounted Battery Charging Alterna-
tor, Battery Cables, and Rack along with Grounding Strap.
• Full Load Factory Test with Safety Shutdown.
• One Complete Operation and Maintenance Manual.
• UL2200 listed on three phase configuration
Standard Open Generator Set Features
• Perkins Diesel Engine Model 1106D-E66TAG3
• S le Bearing Direct Co led Alternator With Class
`HH insulation, Sized for 130°C Temperature Rise over 40°C
• Vertical Industrial Exhaust Muffler with Rain Cap, (Loose)
• Mounted on Steel Sub -Base with four (4) vibration isolators,
Corner Lifting Eyes and opening for Electrical Stub- Op-
tional Single ind Dual Wall ul Tanks for 12 and 24 hour
operation.
• Radiator sized for 120-F Ambient temperature.
• Control Panel (UL Approved) Mounted on Alternator with
Auto StaWStop.
• Dry Type Air Cleaner
are applicable • 12 -Volt Starter, Engine Mounted Battery Charging Alternator,
Stantlby ratings any power outage. No overload is avail- Battery Cables
able at these ratings. Prime ratings are continuous per BS 5514, DIN 6271, IS03046 & IEC . Full Load Facto Run Test With Safe Shutdown.
hour 34-1. Overload capacity on prime -power ratings is 10% for one toin each twelve hours of Factory Safety
operation AN single phase ratings are based on a 1.0 power factor, tree (3) phase ratings • One Complete Operation and Maintenance Manual.
based on a .8 power factor. Ratings are established based on 85T (291C) Ambient and an
elevation of 1,000 feet (305 meters) above sea level Please consult your Tradewinds rep-
e frresentative
resentativefor intomhation concerning derates for temperature, attitude 8
Standby
Prime
Max
Standby
. Remote Annunciator Panels
Voltage
PH
Hz
output
output
Plugs.
Max
# of
• Oversized Generator Ends for Motor Starting
. Automatic Battery Chargers
• PMG Generators and Special Voltage Regulators
kW
kW
SkVA
Amp
Wires
(kVA)
(kVA)
output
120/240
1
60
150
135
380
625
12
(150)
(135)
120/208
3
60
150
(187)
135
(168)
240
521
12
120/240
3
60
150
135
240
451
12
(187)
(187)
277/480
3
60
(1�
(I�
310
2235 5
1
Standard Enclosed Generator Set Features
• Perkins Diesel Engine Model 1106D-E66TAG3 (Tier III )
• Single Beating Direct Coupled Alternator With Class
`H' insulation, Sized for 130°C Temperature Rise over 40°C
• Weather Protective Sound Attenuated Enclosure constructed
of Marine Grade Aluminum with White Powder Coated
Paint Finish & Stainless Steel Hardware. Enclosure includes:
• Residential Rated Interior Mounted Exhaust Silencer &
stainless Steel Flex Connection with rain cap
• Oil & Coolant Drain Lines w/ Ball Valves
• Hinged / Removable / Keyed Alike Doors
• Control Panel (UL Approved) Mounted in Enclosure with
access door to allow exterior viewing.
• Mounted on Steel Sub -Base with four (4) vibration isolators,
Corner Lifting Eyes and opening for Electrical Stub -up. Op-
tional Single and Dual Wall Fuel Tanks for 12 and 24 hour
operation (Rated 75% of Prime).
• Radiator sized for 120OF Ambient Clearance.
• Dry Type Air Cleaner
• 12 -Volt Starter, Engine Mounted Battery Charging Alterna-
tor, Battery Cables, and Rack along with Grounding Strap.
• Full Load Factory Test with Safety Shutdown.
• One Complete Operation and Maintenance Manual.
• UL2200 listed on three phase configuration
Standard Open Generator Set Features
• Perkins Diesel Engine Model 1106D-E66TAG3
• S le Bearing Direct Co led Alternator With Class
`HH insulation, Sized for 130°C Temperature Rise over 40°C
• Vertical Industrial Exhaust Muffler with Rain Cap, (Loose)
• Mounted on Steel Sub -Base with four (4) vibration isolators,
Corner Lifting Eyes and opening for Electrical Stub- Op-
tional Single ind Dual Wall ul Tanks for 12 and 24 hour
operation.
• Radiator sized for 120-F Ambient temperature.
• Control Panel (UL Approved) Mounted on Alternator with
Auto StaWStop.
• Dry Type Air Cleaner
are applicable • 12 -Volt Starter, Engine Mounted Battery Charging Alternator,
Stantlby ratings any power outage. No overload is avail- Battery Cables
able at these ratings. Prime ratings are continuous per BS 5514, DIN 6271, IS03046 & IEC . Full Load Facto Run Test With Safe Shutdown.
hour 34-1. Overload capacity on prime -power ratings is 10% for one toin each twelve hours of Factory Safety
operation AN single phase ratings are based on a 1.0 power factor, tree (3) phase ratings • One Complete Operation and Maintenance Manual.
based on a .8 power factor. Ratings are established based on 85T (291C) Ambient and an
elevation of 1,000 feet (305 meters) above sea level Please consult your Tradewinds rep-
e frresentative
resentativefor intomhation concerning derates for temperature, attitude 8
Optional Features
• Thermostatically Controlled Jacket Water Heaters
. Automatic Paralleling Packages
• Single & Dual Wall UL Sub -base Fuel Tanks
. Remote Annunciator Panels
• Cylindrical Skid Mounted Fuel Tanks
• Standard Load Centers Mounted
• Main Line Generator Circuit Breakers
in NEMA 31Z Enclosures with
• Shunt Trip for Circuit Breakers
Plugs.
• Critical Rated Exhaust Silencers
. Automatic Transfer Switches
• Oversized Generator Ends for Motor Starting
. Automatic Battery Chargers
• PMG Generators and Special Voltage Regulators
. Water Separator Fuel Filters
• Special Insulation for Generators
• Generator Drip Covers
• ISO Container "Mipco Type Plugs"
• Fuel Day Tanks
• Starting Batteries
• Street Legal Trailers
• Custom Colors for Genset and Enclosure
Tradewinds Power Corp • 5820 NW 58th Street • Miami, FL 33166 9 800-223-3289 www.tradevAndspower.com
I TP150-III I
Engine Specifications
Model: Perkins I I 06D-E66TAG3 ( EPA Tier 111 Compliant)
Max. Power: 220 BPH/ 164kW Q 1800 rpm
402.8 CU'. in. / 6.6 L displacement
Bore & Stroke: 4.13" x5.0' (105mm x 127mm)
Turbocharged - air to air charge cooled
Direct injected, 6 cylinder in-line
Governor type - Electronic
Freq. Regulation: Isochronous, Steadt-State
Electrical system: Starter, 12 volt Alternator 100 amp
Marathon Electric Alternator.
Voltage Regulator.
Insulation:
Rated Temperature Rise:
Bearing Type / Number
Coupling:
Voltage regulation:
Load acceptance:
Fluids:
Oil capacity Total - 17.5 quarts (16.5 liters)
ON Filter - Dry type, Spin
Coolant capacity - 2220 quarts (21 liters)
Fuel Consumption (US gal. per hour / Liters per hour)
25% of prime - 3.2 (12) 75% of prime - 8.5 (32)
50% of prime - 6.0 (23) Prime Power - 10.6 (40)
Altemator Specifications
Brushless, 4 -Pole Rotating Field,
Self -ventilating drip -proof construction.
Solid State: Volts/Hertz
Class 'H' to NEMA MG -1-1.66
130 C', Standby over 40° ambient
Sealed / Single
Direct Coupled, Flexible Disc
+ / -1 %, Solid State
One Step, 100% per NFPA 110 A
Features:
Superior voltage waveform achieved by a two-thirds pitch and
skewed rotor.
Vacuum -impregnated windings with fungus -resistant epoxy for
dependability and long -life.
Compliance with NEMA, IEEE and ANSI standards for temp rise.
Sustained short-circuit capability enabling down -line circuit breakers
to trip without collapsing the generator field.
No load to full -bad regulation of +/- 2%.
i Panel ecifications and Functions
Digital Control with auto -start logic and Operational features:
J1939 Compatible (as required) • Alternator over/under voltage warning & shutdown • Built-in adjustable exercise scheduler
Canbus RS485 & RS232 interface connections • Alternator over/under frequency warning & shutdown • Event logging of shutdown events
Graphic bon based LCD lighted Display • Engine over/under speed warning & shutdown - External remote start input (on or off bad)
- Low oil pressure warning & shutdown • Magnetic pick-up or alternator monitoring
• High engine temperature warning & shutdown • 6 digital inputs --fully user configurable
• High/Low battery voltage naming - 3 configurable relay outputs
• Over -current warning/electrical trip/shutdown
Eiedronaanetic Compatibility Tenverature tested to: Humidity tested to: Vibration tested to: Electromagnetic corruatibility:
BS EN 50081-2:1992 and Cold: BS EN 60068-2-1 BS EN 20011 part2.1 BS EN 60068-2-6 BS EN 50081-2,1992
EN 6100-6-4: 2000 EMC Hot: BS EN 6OD68-2-2 BS EN 60068-2-27 EN6100.6-4, 2000 EMC
EN 6100006-2:1999 EMC Immunity Electrical Safety tested to: BS EN 60950 EN6100006-2, 1999 EMC
imensional and Mounting S ecificadons
Open Style Unit on shipping pallet
L x W x H inches / (mm):106" (2692) x 44" (1118) x 58" (1473)
Overall Dry Weight Ib. (kg): 3167 (1437)
Enclosed Style Unit on sub -base
L x W x H inches / (mm): 132" (3353) x 46" (1168) x 67" (1626)
Dry Weight Ib. (kg): 4069 (1845)
Note:
Electrical Stub up area is positioned at the rear of the sub-
base fuel tanks. Spacing from rear access cover to the
tank is approximately 9 inches (228.6 mm).
This dimension is for both UL rated and single wall fuel
tanks.
TP -150-0012-06
Authorized Dealer:
Specifications are subject to change without notice
Tradewinds Power Corp • 5820 NW 68th Street • Miami, FL 33166 • 800-223-3289 www.tradowindspower.com
6310 COLLECTION SYSTEM IMPROVEMENT
REPAIR AND SLIP LINEING OF
COLLECTION SYSTEM 200,000
$ 200,000
6400 CAPITAL EQUIPMENT:
CHART RECORDER REPLACEMENT
2,500
DISHWASHER FOR LAB
7,000
EMERGENCY GENERATOR FOR L/W
CITY OF CAPE CANAVERAL
PC UPGRADES (2)
2,800
SERVER UPGRADE/REPLACEMENT
2007-08 FISCAL YEAR BUDGET
ZEROX COPIER
7,500
TECHNOLOGY IMPROVEMENTS
SEWER ENTERPRISE FUND - WWTP
SECURITY EQUIPMENT/CAMERAS
8,000
OFFICE FURNITURE
401-10-535.
SHELVING FOR WAREHOUSE
4,000
RADIOS IN L/S #1, 2, 3, 4 (FIRST YEAR)
20,800
CRANE FOR COLLECTIONS TRUCK
15,300
158,900
COD DESCRIPTION
DETAILED JUSTIFICATION
6305 LIFT STATION REHABILITATION
VALVE BOX CHECK VALVES /PIPING
REPLACEMENT LIFT STATION #3
42,000
LIFT STATION RENOVATION
45,000
LIFT STATION PUMP REPLACEMENT
23,900
VFD's FOR INTERMEDIATE PUMP STATION
5,500
$
116,400
6310 COLLECTION SYSTEM IMPROVEMENT
REPAIR AND SLIP LINEING OF
COLLECTION SYSTEM 200,000
$ 200,000
6400 CAPITAL EQUIPMENT:
CHART RECORDER REPLACEMENT
2,500
DISHWASHER FOR LAB
7,000
EMERGENCY GENERATOR FOR L/W
80,000
PC UPGRADES (2)
2,800
SERVER UPGRADE/REPLACEMENT
1,500
ZEROX COPIER
7,500
TECHNOLOGY IMPROVEMENTS
3,500
SECURITY EQUIPMENT/CAMERAS
8,000
OFFICE FURNITURE
6,000
SHELVING FOR WAREHOUSE
4,000
RADIOS IN L/S #1, 2, 3, 4 (FIRST YEAR)
20,800
CRANE FOR COLLECTIONS TRUCK
15,300
158,900
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Ordinance -1st Reading
Item
10
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 at first reading, 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' ice
Department LEGISLATIVE
cape-nt\-im\mydocumeni5�i?r"ouncil\meeting\2007\11-20-07\07-2007.doc
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City of Cape Canaveral
Date: October 11, 2007
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.
:> 2
Recommendation to Citv 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 strikeout 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 approval 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 party aggrieved 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 anager 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 citv council's consideration of the final decision being ppealed shall be de
novo. The city council shall hear and consider the evidence and testimony of any
interested party and shall either affirm or reverse whollyoin 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 maiority 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 aggrieved party to appeal to the City Council pursuant to this
section shall be deemed a waiver of that arty's right to judicial review.
(b) Appeals from city council Any party ggrieved 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
maJoritX vote offou! -meinberhe board of adjustment shall be necessary for any decision
made pursuant to this section ,
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 appeal 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 inteipTetation 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; and
(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 strikentit 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
unde, this section stays the action of the coninrunity appentance binaid antil a decision by the city
council is rendered.
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City of Cape Canaveral
Ordinance No. 07-2007
Page 5 of 9
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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 strikenut
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 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
adiustment may be appeal to the city council pursuant to section 110-33 of this code bio
further adniiiiistrative appeal is available beyond this stage, though the appeliant retains the
ii—I I F . , 1 through thejudicial system as provided 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 strikeettt 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
Court.
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
r decision was rendered,
code,
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.
ROCKY RANDELS, Mayor
ATTEST:
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
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Ordinance -l' Reading
Item
11
No.
I recommend approval at first reading.
AGENDA REPORT
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 at first reading, 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 Managers Office
Department COMMUNITY
g/
DEVELOPMENT/P&Z
cape- m\m m s\admi co ncil\meeeting\2007\11-20-07\09-2007.com
or
Date:
To:
From
October 25, 2007
City of Cape Canaveral
Bennett Boucher, City Manager
Susan Stills, City Clerk
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
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
Meeting Type: Planning & Zoning
Meeting Date: 10/24/07
pAGENDA
HeadingDiscussion
#2
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
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 cleanup 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
Pagel 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.
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
, 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 09-2007
Page 3 of 3
r
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA REPORT
AGENDA
Heading
Ordinance -11 Reading
Item
12
No.
application for the Certificate of Non -Conforming Status."
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 10-2007, AMENDING SECTION 110-491, SETTING FORTH OFF
STREET PARKING REQUIREMENTS FOR RESORT DWELLINGS
DEPT/DIVISION: COMMUNITY DEVELOPMENT/P&Z
Requested Action:
City Council consider at first reading, Ordinance No. 10-2007, amending Section 110-491, setting forth off
street parking requirements for resort dwellings as recommended by the Planning & Zoning Board.
Summary Explanation & Background:
The proposed ordinance incorporates the Planning & Zoning Board's recommendation that, "parking for
resort dwellings shall not have less than the number of parking spaces in existence, at each site, at the time of
application for the Certificate of Non -Conforming Status."
Exhibits Attached:
Ordinance No. 10-2007; P&Z memo; P&Z Minutes
City Ma a ' ffice
Department COMMUNITY
DEVELOPMENT/P&Z
.-a+,a N—ILL\ILLY cUui �--WLUl \c 1u : L \meeting\z UU / \11 -GU -U 7 \lU-ZUU /.qoc
ORDINANCE NO. 10-2007
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 RESORT
DWELLINGS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CODE; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council adopted Ordinance 04-2007 on June 19, 2007, which set forth
a comprehensive regulatory scheme related to resort dwellings operating within the City; and
WHEREAS, the City Council acknowledges that in certain cases, a residential structure
operating as a resort dwelling may accommodate more individuals than would a residence housing
permanent occupants, therefore creating a need for additional offstreet parking spaces; and
WHEREAS, the City Council desires to amend the City's offstreet parking regulations set
forth in section 110-491 for resort dwellings; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
City of Cape Canaveral
Ordinance No. 10-2007
Page 1 of 3
CHAPTER 110. ZONING
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 2. OFFSTREET PARKING
Sec. 110-491. Number of spaces required.
There shall be provided at the time of the erection or change of use of any main building or
structure or at the time any main building or structure is enlarged or increased in capacity, by adding
dwelling units, guestrooms, floor area or seats, minimum offstreet automobile parking space with
adequate provisions for ingress or egress in accordance with the following:
(14) Resort dwellings.
Lal If the resort dwelling is a single-family, two-family, multiple -family or
mobile home, two (2) spaces per living unit
Lb) If the resort dwelling is a townhouse the number of spaces required under
section 110-374 of this Code.
Uc) However, if a certificate of nonconforming status was issued for the resort
dwelline under section 110-486, the number of parking spaces shall be no less than
the number of parking spaces that existed at the time the certificate was granted by
the city manager.
(15 +4) All other uses. To be determined by the building official, who shall use the ratios
established in this section as a standard for determining the requirements.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
City of Cape Canaveral
Ordinance No. 10-2007
Page 2 of 3
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
.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. 10-2007
Page 3 of 3
Memorandum
To: Bennett Boucher, City Manager
From: Bea McNeely, Chairperson, Planning & Zoning Board
Date: 11/14/2007
Re: Recommendation to City Council, Amending Section 110-491 to Include Parking
Requirements for Resort Dwelling Units
At the Planning & Zoning Board meeting held on September 26, 2007, by unanimous vote,
the Board recommended that parking for resort dwellings shall not have less than the
number of parking spaces in existence, at each site, at the time of application for the
Certificate of Non -Conforming Status.
Please schedule this recommendation for an upcoming City Council meeting.
PLANNING & ZONING BOARD
MEETING MINUTES
SEPTEMBER 26, 2007
A Regular Meeting of the Planning & Zoning Board was held on September 26,
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
Robert Hoog
Shannon Roberts
Todd Morley
Kate Latorre
Todd Peetz
Susan Chapman
NEW BUSINESS
Chairperson
Vice Chairperson
entered late
1 st Alternate
2nd Alternate
Mayor Pro Tem
Council Member
Building Official
Assistant City Attorney
City Planner
Board Secretary
1. Approval of Meeting Minutes: September 12, 2007.
Motion by Harry Pearson, seconded by John Fredrickson, to approve the
meeting minutes of September 12, 2007. Vote on the motion carried
unanimously.
2. Discussion Re: Amending Section 110-491 to include Parking
Requirements for Resort Dwelling Units.
Chairperson, Bea McNeely reviewed the documents contained in the Board
packet. City Planner, Todd Peetz, gave an overview of other municipalities
parking requirements for tourist homes, rooming and boarding houses, bed &
breakfasts, residential and commercial resorts, and resort dwellings.
City Attorney, Kate Latorre, advised that the current resort dwelling code did not
currently address parking requirements. She asked the board to take under
consideration that City Council referred the use as commercial, not residential.
Planning & Zoning Board
Meeting Minutes
September 26, 2007
Page 2
John Johanson suggested that the city limit the amount of vehicles and the
parking be the same as a residence. Lamar Russell advised that one of the
criteria when they created this ordinance was to allow people to keep a use they
already had. Instead, they invited everyone to participate. These homes already
had residential parking requirements. He gave his opinion that the parking
requirements should be left the way they already were. Harry Pearson
questioned the Building Official regarding a parking violation at a resort dwelling,
if the violation would be enforced through the nuisance ordinance. Todd Morley
responded that if it is part of the nuisance ordinance then it would be enforced.
Todd Peetz noted that some of the resort dwellings did not have space for
additional parking. Kate Latorre confirmed that if an applicant did not have the
appropriate number of parking spaces, then they would not be allowed to have a
resort dwelling unit. Ron Friedman commented that the owners need to be
responsible for parking because, they had a responsibility and obligation to
enforced established parking requirements.
Art Berger, citizen, advised that he owned property that only had one parking
space per unit; the units were one bedroom or efficiencies. Todd Peetz advised
that if it was built today it would require two parking spaces per unit. Art Berger
advised that there was no property left for additional parking. He noted that he
applied for the property to be resort dwelling units. Chairperson McNeely
advised that when the city considered the use it was only intended for existing
property owners that already had the use. Mr. Berger responded that he thought
he could apply for the use, and he paid $1,800 to apply which he requested to
have returned to him if the city wasn't going to allow him the use because he
could not meet an additional parking requirement. Ron Friedman recommended
one parking space for each bedroom. Lamar Russell responded that the existing
codes already exceeded one space per bedroom. John Johanson suggested
that owners address limited parking in their rental agreements. Todd Peetz
suggested that no parking signs be installed on the streets. Lamar Russell
advised that the Board did not receive enough facts from the Building Official to
verify that there was a parking problem and where they existed.
Discussion was held regarding maintaining the city's residential community and
neighborhoods, and not be a city of tourist resort dwellings.
The Board members agreed that parking violations should be addressed in the
nuisance ordinance and enforced by the civil citation ordinance. Kate Latorre
advised that the nuisance ordinance did not address parking violations.
Motion by Lamar Russell, seconded by Bea McNeely, that parking for resort
dwellings shall not have less than the number of parking spaces in existence, at
each site, at the time of application, for the certificate of non -conforming status.
Vote on the motion carried unanimously.
Planning & Zoning Board
Meeting Minutes
September 26, 2007
Page 3
OPEN DISCUSSION
Ron Friedman advised that the Bayside development was issued a final
certificate of occupancy without the property being built according to the
approved site plan. Todd Morley, Building Official, advised that the city did not
have a stormwater employee when Bayside was built. Mr. Friedman
recommended that when City Council is dealing with approving site plans that a
condition be placed on the site plan that the project shall be built in accordance
with the approved site plan on file with the city, with the exception of minor
revisions, which shall be approved by the Building Official. Following discussion,
by consensus, the Board members agreed with Mr. Friedman. Assistant City
Attorney, Kate Latorre, advised that she would forward the board's consensus to
the City Council.
There being no further business the meeting was adjourned at 9:37 p.m.
Bea McNeely, Chairperson
Susan L. Chapman, Secretary
Meeting Type: Regular
Meeting Date: 11-20-07
AGENDA
Heading
Discussion
[tem
13
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: OCEAN WOODS HOMEOWNERS ASSOCIATION, INC. REQUEST
FOR THE CITY TO TAKE OVER THE MAINTENANCE RESPONSIBILITIES OF
THEIR STORM AND SANITARY SEWERS
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council review and comment on the request by the Ocean Woods Homeowners Association, Inc. for the
City to take over the maintenance responsibilities of their storm and sanitary sewer. They also want to
dedicate all the streets to the City.
Summary Explanation & Background:
See attached correspondence.
Please advise.
Exhibits Attached:
Ocean Woods Letters dated 10-17-07 and 11-13-07
City Manage ' ice
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2007\11-20-07\ow.doc
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WA�VAAI IN
October 17, 2007
HOMEOWNERS ASSOCIATION, INC.
306 OCEAN WOODS BOULEVARD
CAPE CANAVERAL, FLORIDA 32920
321-783-8293
Bennett Boucher City Manager
Cape Canaveral city Hall
105 Polk Ave.
Cape Canaveral, FL 32920
Dear Mr. Boucher,
The Ocean Woods Homeowner's Association respectfully requests that the City of
Cape Canaveral consider taking over the maintenance responsibilities of our existing
storm and sanitary sewers.
Please let us know what our next step should be to bring this request to a positive
conclusion. We do have the original plans for our sewer system.
Ocean Woods Board of
Marc Leichtling, Presid
Richard Emerson, V. P.
Dawn Heath, Secretary
Linda Linger, Treasurer
Leon Maged, Director
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November 13, 2007
HOMEOWNERS ASSOCIATION, INC.
306 OCEAN WOODS BOULEVARD
CAPE CANAVERAL, FLORIDA 32920
321-783-8293
City Manager Bennett Boucher
105 Polk Avenue
Cape Canaveral, Fl 32920
Re: Ocean Woods' Storm and Sewer Lines
Dear Sir:
As per your phone conversation with Jeana McCrosson of our Office staff on 11/15 at
10:55 AM we are happy to provide you with the specifications of our storm and sewer
lines. They are as follows:
Sewer lines are 8 inch PCP with the exception of approximately of 200 feet of 6 inch
PCP pipe on Lantana Court.
The storm lines run from 16 inch to 48 inch RCP throughout the community.
We further wish to inform you that we want to dedicate both our Main Boulevard and
side street lines to the City.
Our maps state that the developer must provide the city of Cape Canaveral a set of "as
built" maps, if for some reason your copies are not available we would be happy to
provide you with our original maps so you may make a copy.
We are looking forward to meeting with you and the City Council on November 20tH
Respectfully, 7
M rc Leichtling
President of the Board of
Ocean Woods HOA