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Packet 10-16-2007 Regular
CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Commissioner Chuck Nelson City of Cape Canaveral 1NCIL REGULAR MEETING :ITY HALL ANNEX :nue, Cape Canaveral, Florida TUESDAY October 16, 2007 7:00 PM AGENDA Fall Beautification Award — Oceanside Palms Condominiums — 321 Johnson Ave. 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 (6) 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. BOARD INTERVIEW: Beautification Board — Prospective Alternate Member Bradley J.P. Varuska 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 ,vvww.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting October 16, 2007 Page 2 of 3 CONSENT AGENDA: 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. 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 Harry 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 CONSIDERATIONS: 7. Motion to Approve: Street Paving Change Order No. 2 to APAC-Southeast, Inc. in the amount of $60,595.26. 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. 9. Motion to Approve: The 2008 Legislative Priorities List for the Space Coast League of Cities 10. Motion to Approve: Proposals to Renovate the 7510 N. Atlantic Avenue Building. 11. Motion to ATrove: Canceling the Regular City Council Meeting of November 6 and Scheduling a Special Meeting to Certify the Election Results on November 8tH 12. Motion to Approve: North Central Ditch Stormwater Improvement Project — Proposal to Install a Baffle Box System. 13. Motion to Approve: Master Agreement — Intergovernmental Radio System (800 MHZ) and Advisory Committee. 14. Motion to Approve: City Manager's Annual Evaluation. f Cape Canaveral, Florida ouncil Regular Meeting er 16, 2007 3of3 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. 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. REPORTS: City Manager Staff 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. MEMO TO: Bennett Boucher, City Manager Susan Stills, City Clerk FROM: Beautification Board SUBJECT: Prospective Beautification Board Member DATE: October 10, 2007 The Beautification Board interviewed Mr. Bradley J. P. Varuska (B.J.) at their October 9, 2007 monthly meeting. The board feels that Mr. Varuska would be an asset to the Beautification Board and recommends that City Council interview Mr. Varuska at their October 16, 2007 City Council meeting for appointment as a regular member of the City of Cape Canaveral's Beautification Board. Thank -you. 7 f? Judy Hale Chairperson, Beautification Board 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. 1. 2. 3. 4. 5. B. GENERAL Applicant Name: a Home Address: g9 to`{ Fu e' r fin e-1 Home Telephone: Occupation: 0 %.S r. �oov. S P Business Telephone: N1 n Business Address: ta / A. 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? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 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)_Z- (N) (Y)(N)-.!r— (Y)_ M `r (Y) (N) m (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 is I V appointed to a board or committee. Do you voluntarily in als 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: '�' r� sh�� G,��1 �� 'lSrc.vs- �u.w.\-s.. .��'ly��.w.S �t�.�=�e►n '� 2. Briefly state any prior experiences in serving on any governmental board or committee: 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: U/a 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. ` Beautification Board b. Board of Adjustment* c. _3 Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g_ Library Board h. Planning and Zoning Board* i. 2 Recreation Board Other: *Members of these boards arra required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 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 Caucasian DISABILITY Not Known N / 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: 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: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 2, 2007 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 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 Assistant City Attorney Kate Latorre City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley REPORTS: City Council Members Council Member Roberts • Ms. Roberts informed that the City had an opportunity to obtain safety street signs at North Atlantic and Church Street and State Road Al A and Columbia Drive subsequent to the street paving. She presented this as an action item to the Council. • Ms. Roberts inquired about the status of the stop sign for North Atlantic Avenue and Shorewood Drive. Mr. Boucher replied that a design from traffic engineering was still forthcoming. • Ms. Roberts suggested an internal master schedule to outline timelines for completion of Council discussion items. • Ms. Roberts brought out that a resident suggested flags at the City north and south entrances. She explained the thought that a flag on the west side of the City would mark the City's limits in light of continuing development. City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 2 of 9 Ms. Roberts related that the same citizen also suggested that staff look into the quality of the City's existing flags due to the condition of the flag at the Cape Canaveral Library. Council Member Nicholas Mr. Nicholas informed that the North entrance City sign lights were not working. • Mr. Nicholas referred to the standing water remaining at the curb of Adams and Jefferson Avenues. He requested that staff look into a repair. Mr. Nicholas informed that residents in the area of Long Point Park had expressed concern over hearing that the City planned to develop that area. Mr. Boucher informed that the Stormwater Administrator received an Estuary Grant with the Army Corp of Engineers and he planned to remove debris and the pepper trees in the area. He would provide Council with information on the project. Mr. Nicholas referred to the Governor's intent to sell the State's toll roads. He inquired if Council could take a stand on this issue. Mayor Pro Tem Hoog responded that the City could forward this issue to the Florida League of Cities. Mr. Petsos suggested a Resolution for distribution to the other municipalities as well as the League. Council Member Petsos • Mr. Petsos inquired about seeking lights for the City south entrance sign. He requested to have Public Works investigate solar lighting. Mr. Boucher replied that Mr. Lefever just had solar lighting installed at Manatee Sanctuary Park. • Mr. Petsos announced on November 2nd the Satellite Beach/ Cocoa Beach Football Beach Bowl. Mr. Petsos mentioned some activities to rally spirit at the High School sporting event. • Mr. Petsos announced the Cape Canaveral Fall Festival on October 13th at Manatee Sanctuary Park from 11 A.M. to 2 P.M. Proceeds to benefit Cape View Elementary School. • Mr. Petsos announced the Kiwanis Club - Meet the Candidates Breakfast on Saturday, October 20th. Proceeds will also benefit Cape View Elementary School. Mayor Pro Tem Bob Hoog • Mayor Pro Tem Hoog brought up an item that he had related to the City Manager regarding street parking sign. Mayor Randels • Mayor Randels offered his reporting time to Mr. Chuck Sheridan for a Presentation. Mr. Chuck Sheridan introduced himself as a General Contractor, who served by the Governor's appointment on the Building Code Board in 2003. He informed that in 2005 the Canaveral Port Authority [the Port] published a Request for Proposal for a project for the Banana River site at the entrance of George King Blvd. Mr. Sheridan explained that City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 3 of 9 his firm was second to Ron Jon's for the bid on the Port project; however, negotiations recently ended between Ron Jon's and the Port. Mr. Sheridan explained some of the project's elements and described the project as environmentally sensitive. Mr. Sheridan related some statistics on how the Port Canaveral area would benefit from the conventioneer revenue. The project anticipated approximately $4 million in revenue in the first year. Mr. Harry Pearson questioned egress for the person traveling north on State Road Al A would enter. Mr. Sheridan pointed out a ramp that would lead a traveler into the Convention Center area similarly as one would enter the Port. Ms. Roberts expressed the same concerns as with the Ron Jon's project such as traffic, noise, the environmental impact, and affect to the beach. Mr. Sheridan replied that a tram would take people to Jetty Park and restaurants in the Cove area. The project would also have amenities for people to remain onsite. Ms. Roberts asked if any part of the project involved Class A office space. Mr. Sheridan replied a medical facility, commercial office space, and meeting planner space. Mr. Sheridan responded to Ms. Roberts question related to the hotel's star quality rating, that the hotel would rank four to five stars. Mr. Sheridan responded to Mr. Nicholas's question related to Jetty Park, that Jetty Park was not included in the plan. Mr. Sheridan also responded that the proposed site was 28 acres. Mr. Sheridan stated that they planned to protect the wetlands area. Mr. Sheridan responded to Mr. Nicholas that the piers were for passive observation purposes. Mr. Petsos thanked Mr. Sheridan for sharing the intent with the Council and he encouraged him to also share the concept with the neighboring Cape Canaveral residents namely Puerto Del Rio. Mr. Sheridan responded to Ms. Roberts question on lighting, that the lighting was planned around the top tower of the building with no upward lighting. Mr. Sheridan responded to Mr. Petsos question related to public use, that the intent was for the community to also use the convention amenities. Mr. Sheridan informed that he planned to speak with the Homeowner's Associations and the Brevard County Commission. Mr. Sheridan responded to Mr. Nicholas' question on a Developmental Regional Impact Study that he did not anticipate obtaining a study for this project since the project was below the study criteria and within the Port's jurisdictional boundary. Mr. Sheridan responded to Mayor Pro Tem Hoog question related to motor craft that they planned to prohibit incoming motorboats. Mr. Sheridan explained how the traffic planners engineered a pattern around the perimeter for vehicles to embark and disembark. Mr. Sheridan responded to Mr. Petsos' question related to the number of rooms that 350 rooms were anticipated for the tower. Mr. Sheridan explained for Ms. Roberts how an atrium would enclose several structures named for one of the Space Programs. Mayor Randels thanked Mr. Sheridan for his presentation and inquired about his anticipated plan in light of the unsuccessful first plan. Mr. Sheridan expressed that since City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 4 of 9 the Request for Proposal was published, the Port has performed a feasibility study that expressed the need for a convention center. Mr. Sheridan explained how a water park was not viable at this time using the unsuccessful Daytona Beach project as an example. Mr. Sheridan replied to Mayor Randels that the garage base would be above the high level of the water line. Mr. Sheridan clarified that the planned hotel would be upscale; however, the name was undetermined at this time. Mr. Sheridan replied to Mayor Randels that mixed-use was still included in the plan in light of the Class A office space. Mr. Sheridan responded to Ms. Roberts that in order to support Convention attendees, some rooms would have kitchen facilities. Mayor Randels replied that when Mr. Sheridan returned to the City, the City would sponsor an evening for community input and further questions. Mr. Sheridan replied to Mr. John Grandlich of the Ron Jon Cape Caribe Resort that 75,000 -to -100,000 square feet was planned for the Convention Center to include a sublevel of conference space and breakout rooms. Mr. Sheridan related on how conventioneers were being transported between Orlando and the Port, which identified the need for a local convention facility. Mr. Sheridan affirmed for Ms. Roberts that the medical facility would be available to the public. AUDIENCE TO BE HEARD: • Ms. Sandy Young inquired about persons coming before the Community Appearance Board. Attorney Latorre explained how a newly constructed single- family residence had to appear before the Board prior to obtaining a Certificate of Occupancy. Ms. Young stated that the Applicant was required to pay $75.00 and incurred a two-week delay on their project for something that was not regulated afterwards. Attorney Latorre affirmed that with a single-family residence a person was not required to return to the Community Appearance Board for any future changes. Ms. Bea McNeely, Planning and Zoning Board Chairperson, informed that she served on the Ad Hoc Committee for the Community Appearance Board, and single-family homes came before the Board for purposes of review in order to deter people from painting in disharmonious colors. Ms. Young re -stated that the regulation; however, was not enforced after the initial review. Mayor Randels made note of this as an item for future discussion. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of September 18, 2007. Mayor Randels asked if any Council member, staff, or interested parties desired to remove the Consent Agenda item for discussion. There was no request to remove this item for discussion. City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 5 of 9 A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Approve Consent Agenda Item No. 1. 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: 2. Motion to Approve: Contract for Audit Services with McGladrey & Pullen. Mayor Randels stated the audit contract price of $35,000 with a renewal option for three subsequent years. Andrea Bowers, City Treasurer, clarified that the firm was not in a position to perform a single audit; however, grants were audited. Ms. Bowers responded to Mayor Randels with her satisfaction in working with the audit team. Ms. Roberts stated that she found the Contract difficult to read in substance and in form, and not succinct or customer focused. She stated that this document was significantly more pro forma and did not provide the management improvement suggestions as was done in previous documents. Ms. Bowers explained that the Contract was not similar to the Proposal in that it was more in line with standard contract language. Ms. Bowers explained that the Audit was not a consultation, but an in-depth, unbiased, independent audit of the City's financial records and processes. Ms. Bowers stated that, unlike the Proposal, the Contract was a legal document. Ms. Bowers informed that she spoke with the auditors and they planned to continue to provide the same meaningful comments and she expressed that they would continue to operate in the City's best interest. Mayor Randels inquired what would make this document easier to read. Ms. Bowers agreed that the Contract was difficult to read; however, the firm would provide a viable product based on the Contract. Ms. Roberts expressed that the Contract was verbose and not clearly presented. She registered this as a personal concern. Mr. Nicholas responded that the Contract set the precedent for the firm's subsequent documents and should be understandable prior to execution_ Ms. Roberts stated that she raised this concern in order to obtain a reader - friendly document in the coming year. Mr. Boucher assured that he would relay this concern to the Audit firm. Mr. Petsos added that the absence of the firm's management improvement suggestions might be a sign of City staff implementing their recommendations. Ms. Bowers concluded by saying that the Finance Department strives to obtain a clean audit. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve the Contract for Audit Services with McGladrey & Pullen. The vote on the City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 6 of 9 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: 3. Motion to Adopt; Resolution 2007-29 for the Final Re -Plat of Casa Esperanza. Todd Morley, Building Official, stated that during the process review of this Final Re -Plat several items came out and his memo clarified the changes since the Planning and Zoning Board's approval. Mayor Randels inquired why a Re -Plat required up to four months. Mr. John Johanson, Tripple-J Managing Member, informed that there were some problems with the Surveyor related to equipment placed over the spot where he had to place the markers. Mayor Randels noted the inclusion of the Party -Wall Agreement. Mr. Johanson responded that in his interpretation of the code it was not required. He referred to the final plat, 98-59, sub -step (3), "protective covenants and form of recording if required." Mr. Johanson then referred to the City's Townhouse, Code Section 110-377 which states, "if there exists areas for common use," however there was no common use, the lots were individually platted. Mayor Randels pointed out how neighbors could cut off access to the interior units by reason of a commonly used outside area. Ms. Roberts stated that Mr. Johanson was bringing up a distinction in the code related to common property for the Council's awareness. Attorney Latorre reported that the Planning and Zoning Board concerns were related to common property such as disputes related to roof or common walls. The discussion did not include outside conditions such as the backyard. Attorney Latorre recalled that direction on Code consistency was noted at a previous Council meeting. Mr. Johanson re- stated that there was no "common" area; therefore, the code did not apply. Mayor Randels inquired of Ms. McNeely, Planning and Zoning Board Chairperson, who agreed that consistency was needed. She inquired if the Council desired a common Agreement or to make each individual unit responsible. Mayor Pro Tem Hoog disclosed that he filed a Memorandum of Voting Conflict due to his participation as the Electrical Contractor. Mayor Randels made note that Resolution No, 2007-29 was not included in the packet, however, the item was moved, seconded and voted on as approved. A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve the Final Re -Plat of Casa Esperanza. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, Abstained; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting October 2, 2007 Page 7 of 9 ORDINANCES: First Public Hearing.- 4. earing: 4. Motion to Approve: Ordinance No. 06-2007; Amending Chapter 2, the List of City Code Provisions Enforced through the Issuance of a Civil Citation. Mayor Randels read 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 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; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels referred to the level of fines related to the citation program as $100, and $200 for life/safety issues such as a swimming pool, and $500 for violations related to Resort Dwellings. Mr. Petsos reminded that this item had been addressed through Workshops and would be used as a tool to assist with the lengthy Code Enforcement process. Mr. Boucher clarified that the violation was at the discretion of the Code Enforcement officer. Mr. Boucher responded to Ms. Roberts that Law Enforcement would regulate some circumstances such as noise related issues. Mayor Randels inquired about the measurement for sound. Mr. Morley replied that a "reasonable man" standard was applied and not a decibel standard. Ms. Roberts posed the following questions. First, the relationship of the Civil Citation to the Chronic Nuisance Ordinance and asked how the two were related. Attorney Latorre explained that every incident of chronic nuisance would add toward the count against the offender. Second, Ms_ Roberts asked if there was a Fine Ticketing Form or Administrative method that accompanied this Ordinance. Mr. Morley replied that the existing form related to fireworks and unlicensed contractors. Ms. Roberts requested to see the Administrative mechanism accompany the Ordinance at second reading. Third, Ms. Roberts asked if "litter" included fish remnants. Mayor Randels referred to the Section in the City code for Litter, Section 34-26 for regulations. Mr. Boucher reported that the area appeared clean and monitoring occurred regularly. Attorney Latorre clarified, due to discussion, that the Code would include law enforcement as well as code enforcement officers. Ms. Bowers responded to Ms. Roberts that the penalty fee would be placed in the Violation of Local Ordinances account. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve Ordinance No. 06-2007 at first reading. The vote on the motion carried 5-0 with City of Cape Canaveral. Florida City Council Regular Meeting October 2, 2007 Page 8 of 9 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 informed that the City began its fiscal year and encouraged Council to monitor State Legislative issues. • Mr. Boucher informed that the City received a check related to the Paul Jindra Code Enforcement lien in the amount of $122,000. • Mr. Boucher informed that the Chrysler 300 seized in confiscation was sold on E -Bay for $17,500. • Mr. Boucher reported that Brown and Caldwell performed extensive testing related to the heavy metal introduced into the plant derived from the aluminum sulfate being used to decrease the phosphates at the Plant. Mr. Boucher reported that a new vendor was secured with a higher -grade product. Brown and Caldwell made the recommendation to amend the process for reintroducing aluminum into the system. Mr. Boucher concluded that a study to create a mixing zone for proportional disbursement was under consideration. • Mr. Boucher reported on the sewer main project and noted that Mr. Martin Greene would need to pay $112,000 to relocate the sewer main for the Mermaid Key project. • Mr. Boucher reported that staff was seeking a quote for paving the entire road on Columbia Drive. This would be on the next City Council Agenda for consideration. • Mr. Boucher reported that he would meet with all parties involved on the Public Works maintenance -building project. • Mr. Boucher announced a Sign Code meeting on the following evening, Wednesday, October 3rd • Mr. Boucher announced this day as Mayor Randel's birthday. Staff Building Official • No report. City Treasurer • No report. City Clerk • Ms. Stills stated that a copy of Resolution No. 2007-29, once signed, would be provided to the Applicant. Mr. Nicholas commended Mr. Roger Dobson for being acknowledged as the Entrepreneur of the Year by Space Coast Business magazine. City of Cape Canaveral. Florida City Council Regular Meeting October 2, 2007 Page 9 of 9 ADJOURNMENT: There being no further business. the Chair adjourned the meeting at 9:07 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME --FIRST NAME—MIDDLE NAME 0 �s r> ter i NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Li ,; / /7_ � a � "�: �.�' MAILING ADDRESS/ , /_/C , L THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: lt'%i 'i y EJCOUNTY ❑ OTHER LOCAL AGENCY CIVY COUN -31c, f (144,1114 Lr�✓4�L �7'� r: NAME OF POLITICAL SUBDIVISION: 111 f C ' / _J DATE ON WHICH VO •E OCCURRED'�� MY POSITION IS: LI�., /t�[ LECTIVE ❑ APPOINTIVE /0� Gr WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a votinc, conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on _O �'f'�✓ Ci 7 20 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: LLQ Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86 - EFF. 112000 PAGE 2 Meeting Type: Regular Meeting Date: 10--16-07 AGENDA Heading Consent Item 2 No. Resolution No. 2007-30 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-30, REAPPOINTING A MEMBER TO THE BOARD OF ADJUSTMENT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2007-30, reappointing Jack Childs as a member of the Board of Adjustment. Summary Explanation & Background: Term will expire 10-01-2010. Exhibits Attached: Resolution No. 2007-30 City Manager's Office Department LEGISLATIVE e-nt\ki uments\admin\council\meeting\2007\10-16-07\2007-30.doc RESOLUTION NO. 2007-30 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE BOARD OF ADJUSTMENT 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 Ordinance No. 2-83 (Zoning Code Section 110-26) provided for the creation of a Board of Adjustment of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a Regular Member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Jack Childs is hereby reappointed as a Regular member of the Board of Adjustment of the City of Cape Canaveral, Florida, with a term to expire on October 1, 2010. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 16th day of October 2007. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K: \CityClk\Resolutions\BOARDS\Reappointments\2007\BOA_Childs.doc City of Cape Canaveral September 26, 2007 Jack Childs 8062 Sunset Court Cape Canaveral, FL 32920 Dear Mr. Childs: Your term on the Board of Adjustment will expire on October 1, 2007. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. 12( 1 DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be consi ered for reappointment. 0 (Signature) Jack Childs, Board of Adjustment Sincerely, Susan Stills, CITY CLERK Enclosure: SASE 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 Meeting Type: Regular Meeting Date: 10--16-07 AGENDA Heading Consent Item 3 No. Resolution No. 2007-31 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-31, REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2007-31, reappointing James C. Hale, Karen Hartley and Craig Stewart as members of the Code Enforcement Board. Summary Explanation & Background: Terms will expire 10-01-2010. Exhibits Attached: Resolution No. 2007-31 City Manager's Office Department LEGISLATIVE -nt\ki cuments\admin\counci1\meeting\2007\10-16-07\2007-31.doc RESOLUTION NO. 2007-31 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS TO THE CODE ENFORCEMENT 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 Ordinance No. 22-83 created a Board known as the Code Enforcement Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. James C. Hale, Karen Hartley, and Craig Stewart are hereby reappointed as Regular members of the Code Enforcement Board of the City of Cape Canaveral with terms to expire on October 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 16th day of October, 2007. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts K:1CityClk\ Resolutions\BOA R DS\Reappointments\2007\C EB_Reappoints.doc For Against City of Cape Canaveral CAPE CANAVERAL September 26, 2007 James C. Hale 110 Washington Ave. Cape Canaveral, FL 32920 Dear Mr. Hale: Your term on the Code Enforcement Board will expire on October 1, 2007. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. Lq 1 DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. qzz" (7., � J�2 (Signature) Ja s C. Hale, Code Enforcement Board Sincerely, Susan Stills, CITY CLERK Enclosure: SASE 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: ccapecanaveralCa)cfl.rr.com City of Cape Canaveral September 26, 2007 Karen Hartley 399 Holman Road Cape Canaveral, FL 32920 Dear Ms. Hartley: Your term on the Code Enforcement Board will expire on October 1, 2007. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. Vd';'DO wish to be considered for reappointment. ❑ 1 DY NOT wish to be considered for reappointment. t (Signature) aren Ha y, Code En cement Board Sincerely, Susan Stills, CITY CLERK Enclosure: SASE 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 City of Cape Canaveral September 26, 2007 Craig Stewart 300 Columbia Drive #3301 Cape Canaveral, FL 32920 Dear Mr. Stewart: Your term on the Code Enforcement Board will expire on October 1, 2007. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. KI DO wish to be considered for reappointment. ❑ 1 DO NQT wAh to to considey�ti for reappointment. C44-St6w r�� E Sincerely, Susan Stills, CITY CLERK Enclosure: SASE 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 Meeting Type: Regular Meeting Date: 10--16-07 AGENDA Heading Consent item 4 No. Resolution No. 2007-32 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-32, REAPPOINTING MEMBERS TO THE LIBRARY BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2007-32, reappointing Dr. Tim Grady and Harry Pearson as members of the Library Board. Summary Explanation & Background: Terms will expire 10-01-2010. Exhibits Attached: Resolution No. 2007-32 City Manager' Office Department LEGISLATIVE ape-nt\ki \m ments\admin\council\meeting\2007\10-16-07\2007-32.doc RESOLUTION NO. 2007-32 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING ONE REGULAR AND ONE ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 46-26 created a Board known as the Library Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint one Regular member and one Alternate member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Dr. Tim Grady and Harry Pearson are hereby reappointed as a Regular member and an Alternate member of the Library Board of the City of Cape Canaveral, Florida, with terms to expire on October 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 16th day of October, 2007. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\BOARDS\Reappointments\2007\Library_Reappointments.doc P. O. Box 1612 Cape Canaveral, FL 32920 Dear Dr. Grady: ty of Cape Canaveral Your term on the Library Board will expire on October 1, 2007. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. VY /IDO wish to be considered for reappointment. 0 O OT s beconsidered for reappointment. (Signature) /lbr. m rary oard Sincerely, Susan Stills, CITY CLERK Enclosure: SASE 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 8703 Camelia St. Cape Canaveral, FL 32920 Dear Mr. Pearson: ty of Cape Canaveral Your term on the Library Board will expire on October 1, 2007. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. 2-f DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. (Signature) Mr. Harry Per n, Libr ry Board Sincerely, Susan Stills, CITY CLERK Enclosure: SASE 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 Meeting Type: Regular Meeting Date: 10-16-07 AGENDA Heading Consent Item 5 No. Resolution No. 2007-33 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-33, REAPPOINTING A MEMBER TO THE RECREATION BOARD DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2007-33, reappointing Gene Petre as a member of the Recreation Board. Summary Explanation & Background: Term will expire 10-01-2010. Exhibits Attached: Resolution No. 2007-33 City Manager's Office Department LEGISLATIVE pe-nt\kim ocuments\admin\council\meeting\2007\10-16-07\2007-33.doc RESOLUTION NO. 2007-33 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE RECREATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 54-26 created a Board known as the Recreation Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a Regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Gene Petre is hereby reappointed as a Regular member of the Recreation Board of the City of Cape Canaveral, Florida, with a term to expire on October 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 16th day of October, 2007. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney K:\CityClk\Resolutions\BOARDS\Reappointments\2007\Recreation_Reappoints.doc 04+0 / IRIUgt:WUUU mve. Cape Canaveral, FL 32920 Dear Mr. Petre: ty of Cape Canaveral Your term on the Recreation Board will expire on October 1, 2007. Please check the box that indicates your desire to serve on the Board for another 3 -year term and return this notice immediately to your board secretary or the City Clerk using the enclosed envelope. The resolution to re -appoint you as a Board Member will be scheduled for the next regular City Council Agenda. V1 DO wish to be considered for reappointment. ❑ l DO NOT wish to be considered for reappointment. (Signature) Mr. Gene Petre, Recreation Board Sincerely, Susan Stills, CITY CLERK Enclosure: SASE 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 WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities, and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, 1, Rocky Randels, Mayor, of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim that the week of October 21St — 27th, 2007 be designated as FLORIDA CITY GOVERNMENT WEEK and that the City of Cape Canaveral does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly and that the City does encourage educational partnerships between city government and schools. Meeting Type: Regular Meeting Date: 10-16-07 AGENDA Heading Consideration Item 7 No. I recommend approval of Change Order #2, with the appropriation of $60,595.26. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: STREET PAVING CHANGE ORDER #2, TO APA(: - SOUTHEAST, INC. IN THE AMOUNT OF $60,595.26 DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the approval of street paving change order #2 to APAC-Southeast, Inc. in the amount of $60,575.26 as recommended by the acting public works director. Summary Explanation & Background: The proposed change order will pave the west end of Washington Avenue, patch N. Atlantic Avenue, pave Church Lane and both sides of Columbia Drive. I recommend approval of Change Order #2, with the appropriation of $60,595.26. Exhibits Attached: Public works memo dated 10-08-07; Change Order #2 City Mana a •' Office Department PUBLIC WORKS/STREETS ca kim\mydo ument En council mee ing 2007\10-16-07\apac.doc To: Bennett Boucher — City Manager Walter Bandish — Acting Public Works DirectoO From: Jeff Ratliff — Stormwater Administrator Date: October S, 2007 Re: Agenda Item for October 16, 2007 Change Order — Additional paving Tasks A large portion of the Washington Avenue Force Main Project is complete — therefore, paving of selected City streets can be performed. The paving tasks include: (1) the paving of the extreme western end of Washington Avenue, (2) the "squared" patching of North Atlantic Avenue, (3) the paving of Church Lane, and (4) the paving of Columbia Drive (both lanes) to the westermnost parking lot (see attached aerial photo). Quotes were received from two contractors: (1) Expertech (the force main contractor) and (2) APAC (the City's contractor for street paving). A cost analysis of both bids is attached. Based on the attached cost analysis, City staff recommends the approval of additional funds (Change Order No. 2) to P.O. No. 6875 in the amount of $60,595.26 to APAC for completion of additional paving tasks on Washington Avenue, North Atlantic Avenue, Church Lane, and Columbia Drive. MEMORANDUM TO: Bennett Boucher City Manager FROM: Jeff Ratliff Stormwater Administrator City of Cape Canaveral 868-1240 DATE: 10/09/07 RE: Paving Change Order Paving Work To Be Completed (see attached aerial photo): • Extreme western end of Washington Avenue; • "Squared" patch of North Atlantic Avenue; • Complete paving of Church Lane; and • Complete paving (both lanes) of Columbia Drive from SR AIA to westernmost parking lot. EXPERTECH: • Original force main bid only included "patching" over excavation of Columbia Drive and North Atlantic Avenue; and • Change order includes added paving of (1) entire amount of Columbia Drive (both lanes) to westernmost parking lot, (2) Church Lane, and (3) extreme western end of Washington Avenue. APAC: • Original contract with City only included the paving of Church Lane; and • Change order includes added paving of (1) entire amount of Columbia Drive (both lanes) to westernmost parking lot, (2) patching of North Atlantic Avenue, and (3) extreme western end of Washington Avenue. Change Order Cost Analysis: • Expertech - $67,155.80 (includes all reductions); and • APAC - $60,595.26 (includes all reductions). i %/ i A W APAC-Southeast, Inc. Central Florida Division Melboume Branch P.O. Box 411029 Melboume,FIL 32941-1029 Tel: 321-242-0236, Fax: 321-242-8878 www.apac.com October 8, 2007 Attn: Jeff Ratliff City of Cape Canaveral 601 Thurm Ave. P.O. Box 326 Cape Canaveral, FL 32920 RE: City of Cape Canaveral Additional Work APAC-Southeast, Inc., is pleased to provide you with the following pricing for the Base Rock Final Grading, Miffing, Resurfacing and Striping of Streets listed below, in the City of Cape Canaveral. Pricing for this project are as follows: 1. Maintenance of Traffic 1 LS @ $4,690.00 $ 4,690.00 2. Milling 1"& Cleanup 1 LS @ $14,640.00 LS $ 14,640.00 3. Finish Base Rock Approx 1,800 SY @ $5.20 per SY $ 9,360.00 4. Pave w/ 1-1/4' S-3 Approx. 392 Tons @ $74.28 per Ton $ 29,117.76 5. Restripe Similar to Existing 1 LS @ $2,787.50 LS $ 2.787.50 Total Estimate: $ 60,595.26 The scope of this project includes the folbwing: • Washington/ North Atlantic— M.O.T., Milling, Paving, Restriping • Church Lane — Finish Base Rock, Restriping • Columbia Lane — M.O.T., Milling, Finish Base Rock, Paving, Restriping Apac-Southeast, Inc, would like to thank you for your request for this quote. Please feel free to give us a call if you have any questions regarding this quote, or if you would like to set up a meeting to discuss any additional details Sincerely, Jeffrey M. Snyder Project Estimator Re: file 319"7A Eertech Vkf AOFFER OF SERVICES C, Network Installation Date: September 25, 2007 Quotation # 004 Project: Lift Station 1 Attn: Walter Bandish Force Main Replacement Address: 105 Polk Avenue City, State: Cape Canaveral, FL Zip Code: 32920 Phone Number: 321-868-1240 CHANGE ORDER PROPOSAI, Description of Work: Install 1.5" Type S -III Asphalt Overlay – Columbia Street: • Asphalt Grinding 1 L.S. $ 5,500.00 • 1.5" Type S-111 Asphalt Surface Course 4971 S.Y. @ 10.20 50,704.20 • Clean-up I L.S. 2,200.00 $ 58,404.20 Install 1.5" Type S-111 Asphalt Overlay- Church St. • 1.5" Type S -III Asphalt Surface Course 1410 S.Y @ 10.20 $ 14,382.00 Install 1.5" Type S-111 Asphalt Overlay- Washington Ave. • 1.5" Type S-111 Asphalt Surface Course 213 S.Y. @ 10.20 $ 2.172.60 Credit for Deletion of Type S-111 from Contract Bid Item for Pavement Restoration • 1.5" Type S -III Asphalt Surface Course 765 S.Y. @ 10.20 ($ 7,803.00) Total this Change Order $ 4-7-i46.48— (0J1 IS5. • 9O Notes: Commencement Date: TBD Completion Date: TBD CONDITIONS AND ASSUMPTIONS: The pricing in this Offer of Service is based upon the performance of tasks and provision of deliverables specifically defined in this document. Requests for additional work activities that are not described in this document, including customer required overtime or night work, or the application of any different or additional criteria or testing in connection with any services or deliverables are subject to additional charges to the customer. Certain matters may require a new quotation under a separate Offer of Services. Should additional charges be required, Expertech will utilize a change order process for approval by both parties prior to commencement of work. INCLUDED: • Material, Labor, Equipment • All stated above EXCLUDED: • Engineering • Permits Payment Terms: Per Contract Documents Signatures• Expertech Network Installation (US) Inc. Per: Date OFFER OF SERVICES Per: Date: PO #: CHANGE ORDER AMOUNT: City of Cape Canaveral: Should this offer meet your needs please confirm your acceptance by signature and fax to 954-797-6849. If you have any questions regarding this Offer of Services please contact John Wood at 954-797-4358 Meeting Type: Regular Meeting Date: 10-16-07 AGENDA Heading Consideration Item g No. Change Order #I: Furnish and place flowable fill backfill for force main crossing at N. Atlantic Avenue - AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: SEWER FORCE MAIN REPLACEMENT PROJECT - CHANGE ORDERS DEPT/DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider the approval and the appropriation of funds for Change Orders #1, #2 and #6 associated with the sewer force main replacement project in the amount totaling $96,972.99 as recommended by the acting public works director. Summary Explanation & Background: The change orders were reviewed and negotiated by Brown & Caldwell and City staff. Change Order #I: Furnish and place flowable fill backfill for force main crossing at N. Atlantic Avenue - $19,140.00 Change Order #2: Additional work to avoid utility conflicts not shown on plans at N. Atlantic Avenue - $16,626.04 Change Order #6: Furnish labor, equipment and material to install deflections to clear AC water mains at Columbia Drive (5 ea) and Washington Avenue (1 ea), nine additional work days - $61,206.95 See attached memo and documentation. I recommend approval with the appropriation of $96,972.99 from the Sanitary Sewer Revenue Fund Reserves. Exhibits Attached: Public Work's memo dated 10-08-07; Change Order Documents City Manager' ffice Department PUBLIC WORKS/WWTP -nt\kim\ ents\admin\council\meeting\2007\10-16-07\co.doc To: Bennett Boucher — City Manager Tlna>gh: Walter Bandish — Acting Public Works DirectoX From: Jeff Ratliff — Stormwater Administrator Date: October 8, 2007 Re: Agenda Item — October 16, 2007 Meeting Change Orders — Washington Avenue Force Main Project Change orders to Purchase Order No. 7036 have been submitted by the City's contractor (Expertech) for the Washington Avenue Force Main Project. The change orders and amounts are as follows: • No. 1 ($19,140.00): Flowable fill was required for the excavation on North Atlantic Avenue — this was a requirement of Brevard County — costs were not included in Expertech bid (or other bids). • No. 2 ($16,626.04): Additional work beneath North Atlantic Avenue to avoid conflicts not shown on site plans (additional utilities and fiber optic lines not shown on site plans, depths of utilities not known prior to excavations, etc.). • No. 3: To be addressed at a later date (work associated with the Mermaid Key development). • No. 4: NA. • No. 5: To be addressed separately — additional paving tasks. • No. 6 ($61,206.95): Fumish labor, equipment, and material for deflections to clear AC water mains on Columbia Drive and Washington Avenue (six locations — nine additional work days). Total change order amount: $96,972.99. These change orders were negotiated among City, Expertech, and Brown and Caldwell (City's engineering firm) staff. City staff recommends the approval of the additional funds (change orders) to Purchase Order No. 7036 in the amount of $96,972.99 to Expertech for completion of additional tasks associated with the Washington Avenue Force Main Project. The revised Purchase Order 7036 amount is $741,141.94. Note: The City is anticipating a future budget credit for paving tasks not performed by the contractor — the amount is estimated at $7,803 and will be negotiated during the next invoicing period. EI M. i P ertech N e t w o r k 1 n s t a I I a t t o n Date September 27, 2007 Attn: Walter Bandish Address: 105 Polk Avenue City, State: Cape Canaveral, FL Zip Code: 32920 Phone Number: 321-868-1240 Description of Work: OFFER OF SERVICES Furnish and place flowable till backfill for force main crossing @ North Atlantic Avenue. 87 C.Y. @ $220 Notes: Commencement Date: TBD Completion Date: TBD CONDITIONS AND ASSUMPTIONS: See attached Schedule A for general terms and conditions. Quotation #: 001 Project: Lift Station I Force Main Replacement CHANGE ORDER PROPOSAL $ 19,140.00 The pricing in this Offer of Service is based upon the performance of tasks and provision of deliverables specifically defined in this document. Requests for additional work activities that are not described in this document, including customer required overtime or night work, or the application of any different or additional criteria or testing in connection with any services or deliverables are subject to additional charges to the customer. Certain matters may require a new quotation under a separate Offer of Services. Should additional charges be required, Expertech will utilize a change order process for approval by both parties prior to commencement of work. INCLUDED: • Material, Labor, Equipment EXCLUDED: • Engineering • Permits Payment Terms: Per Contract Documents Signatures: Expertech Network Installation (US) Inc. Per: Date: OFFER OF SERVICES Per: Date: PO #: CHANGE ORDER AMOUNT: $19,140.00 City of Cape Canaveral: Should this offer meet your needs please confirm your acceptance by signature and fax to 954-797-4400 If you have any questions regarding this Offer of Services please contact Mike Heitzler at (954)-797-4367. Epertech OFFER OF SERVICES ANetwork Instailation Date: September 28, 2007 Attn: Walter Bandish Address: 105 Polk Avenue City, State: Cape Canaveral, FL Zip Code: 32920 Phone Number: 321-868-1240 Quotation #: 002 Project: Lift Station 1 Force Main Replacement CHANGE ORDER PROPOSAL Description of Work: Additional Work to avoid conflicts not shown on plans @ N. Atlantic Avenue Road Crossing Material $ 7,760.73 Labor 5,321.87 Equipment 3,543.54 Total $ 16,626.04 Notes: Commencement Date: TBD Completion Date: TBD CONDITIONS AND ASSUMPTIONS: The pricing in this Offer of Service is based upon the performance of tasks and provision of deliverables specifically defined in this document. Requests for additional work activities that are not described in this document, including customer required overtime or night work, or the application of any different or additional criteria or testing in connection with any services or deliverables are subject to additional charges to the customer. Certain matters may require a new quotation under a separate Offer of Services. Should additional charges be required, Expertech will utilize a change order process for approval by both parties prior to commencement of work. 110(-0111117 -11 • Material, Labor, Equipment EXCLUDED: • Engineering • Permits Payment Terms: Per Contract Documents Signatures: Expertech Network Installation (US) Inc. Per: Date: OFFER OF SERVICES Per: Date: PO #: CHANGE ORDER AMOUNT: $ 16, 626.04 City of Cape Canaveral: Should this offer meet your needs please confirm your acceptance by signature and fax to 877-994-0815 If you have any questions regarding this Offer of Services please contact John Wood at 954-4358. Eertech OFFER OF SERVICES V�t- - p Network installation Date: September 27, 2007 Attn: Walter Bandish Address: 105 Polk Avenue City, State: Cape Canaveral, FL Zip Code: 32920 Phone Number: 321-868-1240 Description of Work: Quotation #: 006 Project: Lift Station 1 Force Main Replacement CHANGE ORDER PROPOSAL Furnish labor, equipment and material to install deflections to clear AC water mains @ Columbia (5 ea.) & Washington (1 ea.) Material per attached $ 14,181.95 Labor and Equipment per attached $ 47,025.00 Total This Change Order $ 61,206.95 Notes Commencement Date: TBD Completion Date: TBD CONDITIONS AND ASSUMPTIONS: The pricing in this Offer of Service is based upon the performance of tasks and provision of deliverables specifically defined in this document. Requests for additional work activities that are not described in this document, including customer required overtime or night work, or the application of any different or additional criteria or testing in connection with any services or deliverables are subject to additional charges to the customer. Certain matters may require a new quotation under a separate Offer of Services. Should additional charges be required, Expertech will utilize a change order process for approval by both parties prior to commencement of work. r>lrrr rrnlWn. • Material, Labor, Equipment Ti VC11 rtnun. • Engineering • Permits Payment Terms: Per Contract Documents Sienatures• Expertech Network Installation (US) Inc. Per: Date: OFFER OF SERVICES Per: Date: PO #: CHANGE ORDER AMOUNT: City of Cape Canaveral: $ 61,206.95 Should this offer meet your needs please confirm your acceptance by signature and fax to 877-994-0815 If you have any questions regarding this Offer of Services please contact John Wood at 954-4358. subcontractors or material suppliers as may he required. The breakdown shall include labor surcharge and sales tax cost. Whenever the Owner requests that the Contractor prepare a lump sum price in connection with a change order, the Contractor shall be entitled to the costs incurred in the preparation of that price whether or not the lump sum amount is finally accepted by the Owner. Such costs will he incorporated in the lump sum amount. Compensation for the extra work shall be based on the direct costs as listed in the detailed proposal, plus a mutually agreed upon percent of direct costs for overhead and prof -it, plus I percent of such direct costs for bond. The allowance for overhead and profit shall include full compensation for overhead, including superintendence, and additional overhead attributable to a time extension granted because of the change order. When the change order involves work omitted, the reduction of the contract price shall he based on the direct costs listed in the detailed proposal submitted by the Contractor. An additional reduction may be made of an amount which can be identified as reduced overhead costs attributable to the work omitted. No reduction will be made for profit originally attributable to the omitted work. F. TIME AND EXPENSE CHANGES: 1. GENERAL: Whenever the Contractor is directed to perform extra work on a time and expense basis, he will maintain accurate records. Each day a record of labor, materials and equipment costs will be submitted to the Construction Manager for verification. These records will reflect the actual and necessary expenses pertaining to the extra work and shall be available for audit. Audits conducted under this provision shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency(ies). Payment to the Contractor for extra work performed on a time and expense basis shall consist of the actual necessary expense for doing the extra work, plus an allowance of 15 percent of labor, material and equipment rental for overhead, general superintendence and profits, plus I percent for bond. This basis of payment applies to work done directly by the Contractor and to work done by a subcontractor, except the I percent allowance for bond shall not apply to work performed by a subcontractor. When the work is done by a subcontractor, the Contractor may add 5 percent to the subcontractor's charges to cover overhead and profit and I percent for bond. In determining time and expense compensation, the term "actual necessary expense" shall mean the sum of (1) materials and equipment, (2) labor, (3) supervision, (4) construction equipment. (5) professional services, and (6) other costs. Charges for such items shall mean the actual cost whether incurred by the Contractor, a subcontractor or others. The items making up "actual necessary expense" are defined as follows. 2. MATERIALS AND EQUIPMENT: Costs for materials and equipment provided by the Contractor and necessarily used in the work shall include applicable taxes. 00710-35 City of Cape Canaveral 1/11/2007 Wastewater Lift Staticin I Force Main Rplacement P:\Gcn\Cafv Canavend\Rwce Main ReplacemenASpecsDiv 0\0(1' I O.d(v Meeting Type: Regular Meeting Date- 05-15-07 AGENDA Heading Consideration [tem 6 No. a new 12" PVC force main, with the required fittings and appurtenances. The force main will run 4,050 feet AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD BID NO. 07-01, CONSTRUCTION OF WASTEWATER LIFT STATION #1 FORCE MAIN REPLACEMENT, TO THE LOW BIDDER, EXPERTECH NETWORK INSTALLATION, INC., IN THE AMOUNT OF $644,168.95 DEPT/DIVISION: PUBLIC WORKS/WASTEWATER Requested Action: City Council consider the award of Bid No. 07-01, construction of wastewater lift station #1 force main replacement, to the low bidder, Expertech Network Installation, Inc., in the amount of $644,168.95, as recommended by the acting public works director. Summary Explanation & Background: Scope of Project: The bid includes the furnishing of the labor, material and equipment for the construction of a new 12" PVC force main, with the required fittings and appurtenances. The force main will run 4,050 feet from Thurm Blvd. to the intersection of Washington Avenue and Magnolia Avenue. The low bid of $644,168.95 is well within the $800,000 budgeted for this project. I support the acting public works director's recommendation. Exhibits Attached: Acting public works director's memo; bid documents City Mans Off Department PUBLIC WORKS/WASTEWATER ca kim ydoc s\admin\counZ7rtt7ireeting\2007 \w-Lru i NO 1-01 Meeting Type: Regular Meeting Date: 10-16-07 AGENDA Heading Considerations Item 9 No. Legislative issues from other municipalities AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: 2008 LEGISLATIVE PRIORITIES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council has been requested by the Space Coast League of Cities to submit the City of Cape Canaveral's top legislative priorities for 2008. Summary Explanation & Background: Please advise. Exhibits Attached: Legislative issues from other municipalities City Man ffice Department LEGISLATIVE \&S 1LL\uiyuuc:uuieiiLb \meeting\zuu i \1u -1b -u / \SC1oc.aoc Titusville q (we 1 Attraction of Space Business 2 Enhance penalties for Underage Drinking 3 Funding for Transportation Needs 4 Preserve Home Rule Authority 5 Funding for Affordable and Workforce Housing 6 Funding for "Florida Forever" 7 Support Local COPCNs 8 Enhance penalties for Fleeing or Attempting to Flee a Law Enforcement Officer Palm Bay 1 Support allowing a municipality to obtain and/or issue COPCNs for emergency medical transport. 2 Support allowing the implementation of local option taxes through a petition and referendum process. 3 Oppose subjecting collective bargaining agreements to binding arbitration. 4 Oppose restricting the city from regulating activities conducted within the public right-of- way and limit the municipality's ability to collect franchise fees and utility taxes. Indialantic 1 Support for continued beach renourishment. 2 Support for maintaining projects in the FDO TI 5 year work plan once the project enters the plan. 3 Support the use of cameras at signalized intersections to catch red light runners. Satellite Beach 1 Support home rule and allow local government to have their constitutional rights regarding millage. 2 Allow the citizens to decide what services they want and what they are willing to pay for services. Malabar I The State should provide funding to municipalities to prepare their comprehensive plan evaluation and appraisal report and the follow-up comprehensive plan amendments. ? The State should give compensation to municipalities when the State or County buys land for conservation and takes the land off the tax rolls. 3 Compensate local police departments for suspects arrested and convicted of state crimes. 4 Do not under any circumstances, raise the state sales tax. Meeting Type: Regular Meeting Date: 10-16-07 AGENDA Heading Consideration Item 10 No. • Restore two restrooms - $2000 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSALS TO RENOVATE THE 7510 N. ATLANTIC AVENUE BUILDNG DEPT/DIVISION: ADMINISTRATION Requested Action: City Council review and consider proposals to renovate the 7510 N. Atlantic Avenue building. Summary Explanation & Background: One proposal is a "basic" cost to fix -up and move in; • Strip and wax floors - $ 700 • Paint and supplies - $ 800 • Restore two restrooms - $2000 • Phone system - $3000 • IT/computer hook-up - $1000 • Sign for exterior south wall - $1000 Estimated Basic Renovation Cost - $8500 Proposal Two is a full professional renovation and a 281 s.f. addition with a cost estimate of $62,500 as prepared by the building official; does not include phone system or computer hook-up. Either of the proposals can be funded with General Government Impact Fees. I would recommend a site visit to this location prior to the 10-16-07 council meeting. Please advise. Exhibits Attached: Basic concept floor plan; Building official's memo; Professional renovation floor plan City Manager' ffice -) Department ADMINISTRATION ca m ents\admin\council\meeting\2007\10-16-07\renovation.doc Memo Date: September 25, 2007 To: Bennett Boucher, City Manager Fran Todd Morley, Building Official RE: Approve costs to relocate building department to 7510 N. Atlantic Ave. The attached documents indicate the approximate costs associated with renovating the facility at 7510 N. Atlantic Ave. for possible building department relocation. Bids are based on the preliminary construction plans and scope of work dated 8/22/07. The first bid ($64, 354) is from Paul Doyen Builders, a State Certified Building Contractor. The second bid ($62,500) is from T7 McDonald Construction, Inc., a State Certified General Contractor. The third bid ($65,349) is a compilation of subcontractor bids. This figure is approximate because I was not able to secure all subcontract bids. Where necessary, I have estimated the costs of individual items to arrive at this figure. The cost of a telephone system is not yet available. Two significant constraints were used in the development of the construction plans: 1. The area of the lobby to remain unchanged. 2. Provide space for building department employees consistent with the space needs assessment conducted by ADG. This was achieved by the addition of the enclosure of the drive-through area Memo Date: May 10, 2007 To: Bennett Boucher, City Manager From: Todd Morley, Building Official RE: Repairs at 7510 N. Atlantic Ave. (Atlantic Animal Clinic) At your request the following rough estimate is provided regarding the work recommended for rehabilitation of the building located at 7510 N. Atlantic Ave. (Atlantic Animal Clinic). This document references Inspector Dennis Clements' memo of May 8, 2007 Required work: Approximate cost Achieve approved final inspections for permitted work and finish the drive-through ceiling. Complete truss repair $2,000 Finish ceiling $2,000 Make bathrooms ADA compliant. $15,000 Place ADA parking signage where appropriate. $400 Replace bathroom receptacles with GFCI receptacles. $600 Install exit signage throughout. $3,000 Locate and repair the source of water leak. $2,000 Repair parking area. $10,000 Additional recommendations (not related to code compliance): Remove and re -install all wall finishes and acoustical ceilings. $25,000 Remove and re -install flooring. $15,000 Pressure wash and paint exterior. $9,000 Prune, trim and maintain landscaping. $2,000 Remove old drive through banking equipment (Teller window, drop tubes and remote deposit station). $3,000 Total $89,000 upl,l.ioolj2ullsixg G V W oocNn� zwoZU A%GPU!M nAD-OAUU N 40-4 N V/ Ui V O U N N O rr0T 0 _ F•�••I „0-,8 Z/i S-,£kf N V J „Z/i 01 -IL O O O tV (V tY N wo-.£ T x - N A-1 -r vni �� „Z-,9£ jpanjo3j!gojV 4. w �..i N 4S m � R � ® •� � p, F v � X G •� 4-i ww N F ppM� tx +w b0 9 � II �A `4• ib V lt� � ® 3 h nH C C4 .c -,L "-.4 Cl U �H Q !� • C>l � N O � � � U to .0 3 �' jpanjo3j!gojV 4. w �..i N 4S m � R � ® •� � p, F v � X G •� Ej) tx +w 9 `4• ib lt� � ® 3 .c -,L "-.4 Cl a c o?� t4 H r dH jujnjo3j!t jojV N Wt Z t , M ®� F-FZ � N � zw 00M� II ry d a3i o m .0 � 0 II e M • c `ao N U c o?� t4 H r dH jujnjo3j!t jojV N ®� F-FZ zw ® d a3i o m .0 � 0 U V e `ao N U e • i . ■l■I ■■ '■i ■■mill NONE ■■■■L\■■■I t1■■■i ■■■■1l ' i■■�rl■■■■Il ■ril - 1■EE■■ I■■■ MEN A■■1 - _ loss■■ Iri�••�■11111■ 111 1m■i� -I I■loll=1■6� ■►\■ - ■■1■1 o ■�_ �■1 _ __ 1\.a■■ I■■■■Il■r_■■ ■1 - .. 1■■Il■ 1■■ ma■■��_ ■1 , o _ _ I�I�I _ _ . ■■■ _ ■■ I■r�■■■ri■■■m■� '1■o■■ I■llmma■■■■■! ■■■■ 1■ra■■►�r�� ■r■r■IMEN NONE , 11 :. 1■■■■■ I►� ■ I '�■� ■ ■■1 ' 1■=■■ I■ ■ I -i i6li�b'0 ii ■ �■1 E. _ IMIN■ I■E■ I■■M■■1-In I No ■ice.. ■ ■■■ 1■�. I■■■I/on I■1 No ■■ 01■■0 1 �i• ■■ 1■ ■■ = 1111 NO 00.1.4M M 1■■■■■ I■1�■■■ .-,-. b�■ UBI,1.100lj 2ullsixg �T q 0o M }/ o m II II O z U U i w° � ° Z a � V E., r Ca F C en 7� rl C4 V " —p— .� nmp$ ..8-.4 •y N 0 TWO4C ai C13 a. O U O O 0 N 0 o-.8 »Z/t S-.£ c, � r� o 0 �' V / k» y .Z/t of 4 DN 0 0 o Y � F 'oo - [V N Z-.v£�I SUOTIVA313 PUB UVjd .1001 � 9 e Q«a E�lit- zw' Wiz'? zU�, x e4 W W � U o V 4,., a� O U W-� 0 3 O I� �b-�8T ► Md 04L4 Md cd s� v� CC a z � m a> � W o �- a SUOI133S JILL (?aQ a U'd w a zoo oz az�h UM Ff3-m PW UMJOO MON ZIPM RU-U! MaN o � 4 v an r-+ �-r meww cq o G an ^" sun�3 -- - 3 v.�lkR% •,.., 350 s ;>o U W •� o Q _ C 0 o 0 x ou dem mtxa $agsrxg �M � C N N OrA U Cc v y F r za r O 4� uamlo� nns!r3 � D -- ed onsc+ m?.mxa $urt—g wl O w W s N PAUL DOYEN BUILDERS ESTIMATE Re; 7510 N. Atlantic Avenue Based on scope of work dated August 8, 2007 subject to change upon review of final approved drawings, price includes the following changes and additions to scope of work; Building existing: Change items 24 — Replace exterior doors with new panic hardware and closer. Install door stop. Change plumbing item 3 — Purchase and install grab bars moved to builders scope of work. Additions: Remove — wall tile and drywall both bathrooms. Install backing for plumber and grab rails, replace drywall and paint. Remove — Kitchen counter top and cabinet, cut counter top and reinstall. Remove — Trim on existing walls at 8' and ceiling height, tape and finish drywall, install L bead at ceiling for smooth finish where necessary. R@move — Unused cabinetry and carpet Prices include purchase of materials and labor Excluded; Purchase of signage to be installed inside and outside, blinds, mailbox and all permit fees. Draw schedule to be determined. r- Total estimated cost $ V? � � � ` _ L� License #CBC048910 ►.�i.>L C,�Ari►gs �►s Ci C. C C. fT-yMcDld ona "Construction 11`17cre you can court ,nz quality &experience. Attention: Todd Moelev Cape Canaveral Building Department Todd Morley Phone: Fax #: TJ McDonald Construction, Inc. 3815 N. US1 Suite 21 Cocoa, FL 32926 Phone # (321) 639-2848 Fax # (321) 639-2038 Cr"6 15-1? 1 .17 Estimate Date 9/9/2007 Project Renovation/Addition of 7510 N. Atlantic Description Qty Total Renovations and addition to convert the former Atlantic Animal Clinic to the new Cape Canaveral Building Department at 7510 N. Atlantic Ave. Per Proposal it states: This proposed plan is conceptual only and subject to modification. Measurements and details, while reasonably accurate, are not meant to supersede existing jobsite conditions and special requirements. As with any remodeling project, there may be "unknowns" that may result in extra work and additional expenditures". Any additional work and expenditures will be handled through approved and signed -off change orders before work is to be done. Renovation consists of three segments: 1) Work inside the existing enclosed building 2) Enclosure of the drive-thru area (currently a roof extension) 3) Site improvements (handicap parking and building signage). Proposal to include the following per meeting and blueprints dated August 62,500.00 27, 2007: Demolition, new construction, drive-thru enclosure, plumbing, electrical, A/C, Insulation Drop ceiling Trim and Hardware Flooring Painting (Interior and Exterior) Windows and Doors Final job clean-up and waste removal Job site supervision " Contract and proposal cost does not include permitting, engineering as sealed architectural drawings. Total $62,500.00 Signature of Acceptance: (Please fax or return signed proposal. By signing, you are legally contracted for the stated work above at the proposed cost. It also verifies agreement and commencement on proposed work. Any work performed beyond stated contract will need a SIGNED Change Order or SIGNED amendment to contract.) Individual subcontractor bids for Renovations to convert the former Atlantic Animal Clinic to the new Cape Canaveral Building Department at 7510 N. Atlantic Ave. Todd Morley, Building Official September 24, 2007 The attached subcontractor bids relate to the proposed conceptual plan and scope of work dated 8/27/07. In order to correlate costs with the appropriate tasks, I am using the same document and adding a column for each bidder. Because City Council may waive permit fees, $0 has been placed next to this item. Bidders are represented by letter as follows: Bidder Name Amount of bid A JCD Custom Carpentry, Inc. $20,000 B D I - Dan Jackson CK CO 56664 $6,285 C Dixon Electric of Brevard, Inc. $9,955 D Lemerise Cooling and Heating,Inc. $925 E Plumbing Masters of Central Florida, Inc. $2,034 X All bids not yet received (approx.) $26,150 Total $65,349 Table note: Bidder "X" represents all bids not yet received. An approximation has been included in this table based on approximations made within the scope of work (below). The renovation consists of three segments: I. Work inside the existing enclosed building, 2. Enclosure of the drive-through area (currently a roof extension), and 3. Site improvements (handicap parking and building signage). The first two segments are further broken into one of four trade disciplines as required by construction licensing law: • Building • Mechanical • Electrical, and • Plumbing The third segment (parking and signage) does not require licensing. New Cape Canaveral Building Department at 7510 N. Atlantic Ave. Work inside the existing enclosed building Buildine Task Bidder Description 1 X $0 Obtain permit as necessary. 2 A Remove interior doors as indicated. 3 A Remove partition walls as indicated. 4 A Remove rtions of the service counter as indicated. 5 A Remove all wallpaper. 6 A/B Construct new partition walls as indicated (frame, drywall, paint and trim). 7 A Install interior doors, casing and trim to match (re -use existing doors wherepossible). 8 X $1,000 Complete acoustical ceiling grid as necessary (channels and tiles) 9 X $500 Install shelving: X Coat closet (one rod w/ shelf and a bi-fold door), X Supplies area (five shelves and a bi-fold door). 10 A Remove two 30" bathroom doors. Widen the openings to accept 34" doors. Install 34" doors. 11 X $300 Install ADA hardware on bathroom doors. 12 X $300 Install ADA counter in lobby. 13 X $800 Remove incomplete floor tile from bathrooms. Install new floor tile. 14 X $2,000 Install carpet in Permit Tech area, Administrative Assistant office, Department Head office and Administrative office. 15 X $300 Strip and wax linoleum in all areas which do not receive carpet. 16 B Patch holes in drywall where plumbing is removed (Department Head/Conference Room and utilityroom). 17 X $500 Paint all remaining interior walls, doors, casings, trim and shelves. 18 A Apply casing to rack in hallway. 19 B Patch/sand/texture drywall throughout as necessary for uniform finish. 20 X $100 Install signage directing public to bathrooms. 21 X $100 Install signage indicating individual offices. 22 X $500 Install blinds on west -facing fixed glass windows (3). 23 X $300 Replace broken glass over main entrance door. (tinted to match) 24 X $2,500 Replace both exterior doors. New doors shall be equipped with panic hardeware and utilize existing jambs. 25 X $0 . (no longer necessary because both doors are being replaced (item 24) and will come with new weatherstipping. 26 X $500 Install R-19 insulation above -ceiling where missing. New Cape Canaveral Building Department at 7510 N. Atlantic Ave. Mechanical Task Bidder Description 1 D Evaluate HVAC system to determine: D • Capacity of system and ability to meet demand for increased square footage, D • need for additional supply ducts, D • need for additional R/A locations, D • outdoor air compliance. 2 D Replace exhaust fans in both bathrooms (must terminate to the exterior). Electrical Task Bidder Description 1 C Obtain permit as necessary. 2 C Supply and install 14 new 2x4 fluorescent luminaires where indicated. 3 C Remove nine 2x2 fluorescent luminaires where indicated b "delete". 4 C Remove outlets and wiring where located in partition walls designated for removal. Cap -off above ceiling. 5 C Relocate three 2x4 fluorescent luminaires. 6 C Wire for and install six 110-120V receptacles as indicated (old work). 7 C Install six phone jacks as indicated, homerun to Utility closet (old work). 8 C Install eight data jacks as indicated, homerun to Server/Scanning room (old work). 9 C Install one TV jack at 84" A.F.F. as indicated, homerun to Utility closet (old work). 10 C Lighting in lobby and halls to be controlled by single switch in lobby. 11 C Lighting in individual offices to be independently controlled at the individual office. 12 X $200 Connect replacement bathroom ventilation fans (supplied by mechanical contractor) 13 C Install illuminated exit signage as indicated. One will be combo exit/emergency exit/emergencylight. 14 C Evaluate existing emergency lighting; install new emergency lighting as required. 15 XRepair/replace $100 one exterior soffit recessed light. Plumbing Task Bidder Description 1 X $0 Obtain pernut as necessary. 2 E Women's bathroom - E Remove existing water closet, replace with ADA water closet withopen-front seat. E Install ADA wall -hung lavatory with single -lever faucet. E Insulate lavatory supply and waste pipes. E Install ADA grab bars. 3 E Men's bathroom - E Install ADA water closet with -front seat. E Install ADA wall -hung lavatory with single -lever faucet. E Insulate lavatory supply and waste pipes- - E Install ADA grab bars. 4 E Utility closet - E Direct T&P valve discharge to W/H E Direct W/H pan discharge to exterior. New Cape Canaveral Building Department at 7510 N. Atlantic Ave. E Remove washer supply and waste. E Remove mop sink supply and waste. E Cap -off all supply and waste connections inside wall cavity. 5 E Department Head/Conference Room - ECap-off all supply and waste connections inside wall cavity. 6 E Install vacuum breaker at each exterior hose bibb (4 locations). Enclosure of the drive-through area Building Task Bidder Description 1 X $0 Obtain permit as necessary. 2 X $1,000 Remove concrete curbs and equipment from addition area. 3 X $4,000 Cut concrete as necessary and excavate for additional footings. Construct footings 4 X $5,000 Foran and pour concrete floor. 5 A Erect supporting columns. Perform additional shoring and bracing as required. 6 A Construct exterior walls (ftaming, sheathing, vapor/moisture barrier, exterior finish). 7 X $2,000 Install two storefront windows. 8 X $500 Paint exterior walls. 9 A Remove drive-through window. Remove wall below window. If necessary, remove portion of lintel as needed for minimum 6'-8" clear finished headroom. Fur and drywall to match existing interior finishes. 10 A Erect interior partition wall. 11 X $500 Insulate above -ceiling and exterior walls with R-19 fiberglass. 12 B Hang and finish drywall on walls. 13 X $200 Paint interior walls. 14 A Install door, casing and trim to match. Paint to match. 15 X $600 Install matching ceiling grid system. 16 X $500 Install carpet in Building Inspectors/Plans Examiners office and Code Enforcement office. Mechanical Task Bidder Description 1 X $0 Obtain permit as necessary. 2 D Install additional supply ducts and trims as necessary. New Cape Canaveral Building Department at 7510 N. Atlantic Ave. Electrical Task Bidder Description 1 C Obtain permit as necessary - 2 C Install six new 2x4 fluorescent luminaires where indicated (independently controlled at each office). 3 C Install eight 110-120V receptacles (new work). 4 C Install four phone jacks, homerun to Utility closet. 5 C Install four data jacks, homerun to Utility closet. Plumbing N/A Site improvements Task Bidder Description 1 X Install directional sign at Polk Ave. entrance. $200 2 X Install wall sign on exterior. $800 3 X Apply door lettering. $100 4 X Designate (striping and signage) one 12x20 handicap parking space with a 5x20 access aisle. $200 5 X Create handicap curb ramp which serves the handicap parking space. $500 6 X $50 Install mailbox. Meeting Type: Regular Meeting Date: 10-16-07 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL AGENDA Heading Consideration Item 11 No. I recommend approval. SUBJECT: CONSIDERATION: CANCELLING THE REGULAR MEETING OF NOVEMBER 6TH AND SCHEDULING A SPECIAL MEETING TO CERTIFY THE ELECTION RESULTS ON NOVEMBER 8TH DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the cancellation of the November 6' Regular City Council Meeting and the scheduling of a Special Meeting on November 8`' to certify the election results. Summary Explanation & Background: November 6ffi is election day, and we are required to certify the election results within (3) days after the election. I recommend approval. Exhibits Attached: City Mana e ' Office Department LEGISLATIVE Meeting Type: Regular Meeting Date: 10-16-07 AGENDA REPORT AGENDA Heading Consideration Item 12 No. by Stottler, Stagg & Associates and our stormwater administrator, with an estimated project cost of $524,770. CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: NORTH CENTRAL DITCH STORMWATER IMPROVEMENT PROJECT - PROPOSAL TO INSTALL A BAFFLE BOX SYSTEM DEPT/DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council review and consider a proposal to install a stormwater baffle box system instead of a wet pond system for the North Central Ditch Stormwater Improvement Project, as recommended by the Florida Department of Environmental Protection (FDEP). Summary Explanation & Background: On 06-19-07 the City Council approved a change in the project scope to a wet pond system as recommended by Stottler, Stagg & Associates and our stormwater administrator, with an estimated project cost of $524,770. These plans were submitted to FDEP for review and approval, and FDEP suggested that the City consider a baffle box system with an estimated project cost of $353,000. The attached memo from the stormwater administrator outlines the pros and cons of the two stormwater treatment methods, and comparison of the project grant and costs. The acting public works director and stormwater administrator recommend the baffle box system. Exhibits Attached: Public Works memo dated 10-08-07; Cost comparison of the two projects City Manager's ffice Department PUBLIC WORKS/STORMWATER capmyd cum admin\coun \meeting\2007\10-16-07\ditch.doc To: Bennett Boucher - City Manager Walter Bandish - Acting Public Works Directo/ 1-3 From: Jeff Ratliff- Stormwater Administrator Date: October 8, 2007 Re: Agenda Item - October 16, 2007 Meeting North Central Ditch Stormwater Improvements - Proposed Changes Work To Date: • City has submitted design drawings to construct an online wet detention pond and associated structures north of West Cenral Boulevard (see attached schematic diagram); • Online wet detention pond to be constructed on Ci"wned property approximately 450 feet north of West Central Boulevard; • Design drawings currently under review by the Florida Department of Environmental Protection (FDEP); • Estimated cost — entire grant amount of $524,000+; • Stormwater permit could be challenging due to proposed online pond versus of lme pond — however, can most likely be obtained; and • Next task — complete and submit stormwater permit application and advertise for bid. BENEFITS: • Provides good water quality benefits through use of a wet detention pond; and • Eliminates open ditch north of West Central Boulevard. DRAWBACKS: • Maintenance issues — difficult to maintain pond area with limited staff, • Doesn't include treatment of stormwater from additional 42" pipe from the west; and • Project will use entire grant amount. FDEP Proposed Scenario: • FDEP approached the City a few weeks ago with a proposed alternative design; • FDEP is "pushing" the installation of mega baffle boxes — cheaper stormwater devices which provide similar amount of water quality improvements as major construction projects (see attached schematic diagram); • Numerous mega structures under construction in the Panhandle area — FDEP under contract with Suntree Technologies (Cocoa, FL) to monitor bade boxes (see attached photo from FDEP); • FDEP is looking for a mega -baffle box site in our area (outside of the Panhandle area) — good publicity; • Project would include four baffle boxes — three in Central Ditch and one on 42" -diameter pipe from the west; and • Estimated cost — approximately $353,000 (see attached cost estimate) — all funds spent to date toward City's 40% grant match (see attached table). BENEFITS: • Relatively easy to install, easy to maintain (inmates to clean debris) and monitor, and provides similar water quality benefits as wet pond strategy; • Includes treatment of stormwater from additional 42" pipe from the west; • FDEP performs all monitoring tasks (long-term research project); • Stormwater permitting process much easier — project to be completed sooner; • Excellent publicity for the City; and • Overall reduction in project costs. DRAWBACKS: • Only addresses vegetation cleanup of immediate area around West Central Boulevard. Future Work On the Central Ditch: Set aside specific amount of funds (e.g., $40,000) annually from stormwater fund to clean up Central Ditch north of West Central Boulevard; Another FDEP/SJRWIVID grant will address stormwater quality in the southern portion of the Central Ditch; and Entire intersection to be "spruced up" with available grant funds and City funds. Based upon the review of both strategies and costs for stormwater improvements, City staff recommends the approval of the FDEP proposal for the installation of baffle boxes at the intersection of the Central Ditch and West Central Boulevard versus the construction of a wet detention pond system. 0 Page 2 � 0 \ LL 0 J m � k \ LL \ a J I O E O B a ƒ kC) a 0 q6 � � k 6 k 3 0 / \ n & b k A � I i E a ƒ a 0 q6 7 B 3 � \ � J k A � I i E 0 C4 14\ K Cl 8 o k ® m k EW) 5 R 49 c a7 2 Li g E c � 6 LL k k \» a a q6 7 S 3 \ � J k A � I i E 0 C4 14\ a a q6 7 3 \ � I i E 0 C4 14\ K Cl 8 o k ® k EW) 5 R 49 c a7 2 g E � 6 k k \» k @ 2 k - ± § e 2 C & o = § § E U J J § LU co LL 2 / 0 7 c o U) o I o I a q6 � i E p C4 14\ K Cl 8 o k ® k EW) 5 49 2 a7 $ k \» k - �yD C & o = § § \ a. LU co LL 2 E 0 c o o 220. E o $ ■ R m m k LO kn U)2 2 k � o 7 . : § ( Q CL . / a Jeff Ratliff, CC Public Works From: Scheinkman, Michael [Michael.Scheinkman@dep.state.fl.us] Sent: Monday, October 08, 2007 3:12 PM To: Jeff Ratliff, CC Public Works Cc: Abendroth, John Subject: RE: Baffle Boxes Jeff: Our project G0184 to implement BMPs to improve the quality of stormwater runoff through the Central Ditch to the Banana River was funded with an FY05 section 319 grant. Engineering and design costs incurred for the project since October 1, 2004 count towards the City's match. Page 5 of 15 of Attachment A of the agreement provides a breakdown of the project funding and shows a match contribution of 40% or $209,848 if the full amount of grant funds is used. $74,912 of this match is shown to be provided by the SJRWMD for implementing the BMPs and the remainder is provided by the City. If there are cost over runs for the engineering these can count towards the City's match. Please let me know if you have any other questions. Mike. Ditch Boundary Channel banks to have vegetation removed, then graded and covered with sod Headwaters near Port Canaveral Open Channel ' N , , , Central , Ditch , , , Not to scale On-line Wet Detention Pond (City -owned Property) Weir/Maintenance Inlet Triple (3) 48" -diameter plastic pipe (ADS) in channel bottom overlain with clean fill. Maintenance Inlet Muck to be excavated from channel bottom - channel bottom backfilled with clean fill from detention pond Existing Storm Sewer Landscaped area ------------ - — - - West Central Boulevard , Southern Portion of Central Ditch (Phase ----*i Existing storm sewer II) Discharge Existing nutrient -separating baffle box (from Canaveral Drainage Basin) Wet Pond Schematic Drawing Ditch Boundary Clean banks of debris future stormwaterfu Install new nutrient -se to match existing pipe iters near anaveral Channel N Not to scale Place coquina rock along bank with future stormwater funds nutrient -separating baffle boxes to match existing pipes Existing Storm Sewer I I West Central Boulevard Southern Portion of Central Ditch (Phase % Existing storm sewer 11) Discharge Existing nutrient -separating baffle box (from Canaveral Drainage Basin) Baffle Box Schematic Drawing Phone (32-1) 637-7552 Fax (32-1) 63 7 7554 - �N�{\:,:: ©r a » a. ^ ~ 2 <.; Storm water Filtration Systems Version. 1.0 o— f � Q �R W a� a f� �� nil„ Lai l y Q1 WON � � UW► 1 ,Ory J DKV o O A m z J V f,o`� h egoz� W A I fL ` 4 t Z a Z W 1}- wt + F Q n Z:) 0 O D �► rU gaa k� O O X11 3 Vm � Z2 oda 8 4 V Go LA �. ` • E •� S o w 7i ��y�� � i. N� to eK E 3 IKE cl � .. vVi�i•i � Yi o �N'�rogQ vYi: �� may. O er 96 I I�IN I ,_II�III�I '� I oil 7 ul II 1 I I IMP . ` ' I. ��1��11® llnac� 798 Clearlake Rd., Suite 2, Cocoa, FL 32922 Ph: 321-637-7552 Fax: 321-637-7554 www.suntreetech.com 10/5/2007 Order From Ship To Stottler Stagg & Associates Job Site 8680 North Atlantic Ave. Cape Canaveral, FI Cape Canaveral, FI. 32920 Phone 321-783-1320 Fax 321-783-7065 Sales Rep FOB Ship Via Terms Ordered By BR Cocoa Our Truck TBD Qty Description Unit Price Total 4 Nutrient Separating Baffle Box 42,955.00 171,820.00 Model No: NSBB-8-14-103 Inside Dimensions:96" Wide x 168" Long x 103" Tall Includes: Stainless Steel Nutrient Separating Screen System Two Turbulence Deflectors Floating Skimmer & Storm Boom System Three 30" x 48" Aluminum Hatches H-20 Load Rated Concrete Structure Lk V S:` F �N Signature P.O. # Date: �a By signing and returning this proposal to Suntree Technologies, Inc., the specifications and conditions of the proposal are agreed to and acknowledged by the person signing. If a purchase order is required by the buyer, please FAX the purchase order along with the signed proposal. Proposal is void if not accepted within 90 days. In additon to its right or rights with respect to defaults Subtotal W9 - 2e-0 hereunder, seller shall have the right to interest on all balances not paid within agreed upon payment period at rate of interest computed by applying a periodic monthly rate of 1.5% to the past due balance. Seller has the right to all collection cost% reasonables attorneys' fees, whether suit brought or not, includind attomeys' fees on appeal. The venue shall be in Brevard County, Florida. o /o Sales Tax $0.00 $ , Total Meeting Type: Regular Meeting Date: 06-19-07 AGENDA Hndins Consideration Item 2 Na Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CHANGE ORDER - NORTH CENTRAL DITCH STORMWATER IMPROVEMENT PROJECT DEPT/DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider the proposed engineering design change order from Stottler, Stagg & Associates, for the North Central Ditch Stormwater Improvement Project in the amount of $9,040 as recommended by the stormwater administrator. Summary Explanation & Background: Funds are available; see attached memo. Please advise. Exhibits Attached: Stormwater Administrator's memo dated 6/14/07 City Mans OfficeDepartment PUBLIC WORKS/STORMWATER e- kim\my c s drain\council\meet'ng\2007\06-19-07\ditch.doc To: Bennett Boucher — City Manager T m qft Walter Bandish — Acting Public Works Director From: Jeff Ratliff— Stormwater Administrator Date: June 14, 2007 Re: Agenda Item for June 19, 2007 Additional Funds — North Central Ditch Stormwater Improvement Project The City Council approved funds in the amount of $53,000 for Stottler Stagg & Associates (SSA) in June 2006 for the completion of engineering design tasks/engiueering drawings for the North Central Ditch Stomrwater Improvement Project. The project was to include the construction of a stormwater system as submitted to the Florida Department of Environmental Protection (FDEP) in the Section 319 grant application in 2005. However, based upon the results of surveying activities conducted by SSA, it became apparent that the proposed design (system of culverts and dry retention areas) submitted in the grant application would not be feasible — due in part to low elevations near residences along the northem portion of the Central Ditch. Several attempts were made to modify the proposed design (i.e., "make it fit the site') — but none were deemed suitable. Therefore, an alternative engineernrg design was developed as described to the City Council in the workshop on June 19, 2007. This proposed new design (system of culverts and a wet detention pond on City -owned property) was presented to the FDEP the week of June 4 — the FDEP concurred that the new design project was adequate to meet the Section 319 grant requirearerits. SSA has requested additional fluids ($9,040.00) to complete the engineering design tasks/engineening drawings for the alternative engineering design — these tasks include additional surveying, drafting, and enghreeriorrg design tasks (cost breakdown attached). The original grant application included $59,848.00 in funds for the completion of engineering design tasks/errgineeaiug drawings — the proposed firnding amount is $62,040.00. Original funds ($59,848.00) are included in the FY2006-2007 budget under the Canaveral. Ditch Project (6310) - Stormwater Fund. The total budget for project completion (including grants) is $524,618.00. Recommend the approval of additional funds in the amount of $9,040 to SSA for completion of additional engineering design tasks/engmeering drawings for the North Central Ditch Stormwater Improvement Project. Meeting Type: Regular Meeting Date: 10-16-07 AGENDA Heading Consideration Item 13 No. share of the $12.50 surcharge monies. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: MASTER AGREEMENT - INTERGOVERNMENTAL RADIO SYSTEM (800MHZ) AND ADVISORY COMMITTEE DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider approval of a master agreement for the Intergovernmental Radio system (800 MHZ) and establishment of an advisory committee, as requested by Robert Lay, Director of Brevard County Emergency Management. Summary Explanation & Background: The existing agreement was declared invalid by the county attorney's office, being that cities were receiving a share of the $12.50 surcharge monies. Going forward, the county will receive all the $12.50 surcharge funds from all the cities. The county will use these funds for maintenance and capital improvements to the 800 MHZ radio system used mainly by police and fire department personnel. I recommend approval. Exhibits Attached: County letter dated 09-10-07; Master Agreement; County Attorney Opinion City Mana •'ffice Department ADMINISTRATION sa.pe—nr\Kim\myciAw�s\admin\couTt2 \meeting\2007\1U-16-07\radio.com BREVAR(3 BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST OFFICE OF EMERGENCY MANAGEMENT (321) 637-6670 1746 Cedar Street Fax: (321)633-1738 Rockledge. Florida 32955 www.embrevard.coni September 10, 2007 Mr. Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Dear Mr. Boucher: During the January 12, 2007 Brevard County Public Manager Association Meeting, we discussed the County need and intent to change the "Master Agreement — Intergovernmental Radio System Civil Penalty Agreement', (12.50 Sur -Charge Agreement) so that 100% of the penalty funds would be available for the capital improvements and maintenance of the countywide radio system. The proposed distribution is in line with the intent of the Florida Statutes and will facilitate appropriate capital expenditure. This concept was discussed as well in a memorandum from this office dated January 11, 2007. As of this date we have not received any negative comments from any of the municipalities. Therefore, we have provided a new inter -local agreement detailing the focus and scope of the agreement and the proposed composition of the Advisory Group. This agreement is an attachment to this letter. Please have your designated signatory sign on the appropriate block and return one original to our office. The effective date of the new fund distribution will be October 1, 2007. This date was requested during the January meeting to minimize any impact on our budgets. Thank you for your continued support. This change will ensure we continue to work together as a temenhanced public safety communications. RSL:pc-w Attachment PRINTED ON RECYCLED PAPER MASTER AGREEMENT- INTERGOVERNMENTAL RADIO SYSTEM (800 MHZ) -ADVISORY COMMITTEE THIS AGREEMENT is made and entered into this day of , 2007 by and between the BOARD OF COUNTY COMMISISONERS OF BREVARD COUNTY, FLORIDA, (the "COUNTY") and the SHERIFF OF BREVARD COUNTY, and the CITY OF CAPE CANAVERAL, the CITY OF COCOA, the CITY OF COCOA BEACH, the TOWN OF GRANT/VALKARIA, TOWN OF INDIALANTIC, the CITY OF INDIAN HARBOUR BEACH, the TOWN OF MALABAR, the CITY OF MELBOURNE, the TOWN OF MELBOURNE BEACH, the TOWN OF MELBOURNE VILLAGE, the CITY OF PALM BAY, the TOWN OF PALM SHORES, the CITY OF ROCKLEDGE, the CITY OF SATELLITE BEACH, the CITY OF TITUSVILLE, and the CITY OF WEST MELBOURNE. and all of which are municipalities located in Brevard County, Florida (collectively the `CITIES.") WITNESSETH: WHEREAS, the COUNTY, pursuant to Section 318.21(9) Florida Statutes, receives $12.50 (minus an administrative fee for the Clerk of the Court) for each moving traffic violation for which a civil penalty is imposed to fund the intergovernmental radio communication system; and WHEREAS, the COUNTY maintains the 800 MHZ intergovernmental radio communications system and wishes to use such $12.50 monies to fund such system; and WHEREAS, it is acknowledged that the COUNTY incurs additional responsibility, financial and otherwise, for the maintenance and upkeep of the countywide intergovernmental radio communication system (800 MHz); and WHEREAS, an Intergovernmental Radio System Advisory Committee will be continued to make recommendations to the Board of County Commissioners as to how the COUNTY will expend such monies for the radio system improvements; and NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed as follows: (1) Florida Statutes, Chapters 316 and 318 provide for various offenses and infractions and resulting fines, penalties, assessments, and costs of the State of Florida's Uniform Traffic Control Law. (2) Pursuant to Florida Statute §318.21 (9), $12.50 of each civil penalty imposed for a moving traffic violation shall be collected by the Clerk of the Court. (3) Monies collected by the Clerk of Court for all traffic ticket citations/tickets issued throughout the incorporated and unincorporated areas of the County shall be placed into a separate interest bearing account maintained for the benefit of Brevard County. The monies collected shall be expended in such a way as benefits the intergovernmental radio system as a whole. (4) There shall be a Intergovernmental Radio System Advisory Committee ("the COMMITTEE") established to make recommendations to the COUNTY solely as to how the $12.50 funds shall be expended. The membership of the COMMITTEE shall be established as follows: The President of the Brevard County Association of the Chiefs of Police or his/her designee. The President of the Brevard County Public Management Association or his/her designee. The Brevard County Manager or his/her designee. The Sheriff of Brevard County or his/her designee. The President of the Space Coast Fire Chief's Association or his/her designee. A sixth person who shall be a representative of the community -at -large (at -large Member). The other five members of the COMMITTEE shall nominate an individual to serve as the at -large member. This nomination shall be forwarded to the Brevard County Board of County Commissioners which shall have the authority to appoint and remove the at -large member from service of the COMMITTEE. Said at -large member's term shall be for one (1) year, and shall begin on January 1 and end on December 31 of the same year. However, the at -large member shall serve at the pleasure of the Brevard County Board of County Commissioners. Should a given at -large member be removed at any time, a new at -large member shall be appointed to serve out the remainder of the given term utilizing the same appointment procedure as set out herein. (5) The COMMITTEE shall meet at least twice a year to review collection of the $12.50 monies referred to herein and to consider and make recommendations to the Brevard County Board of County Commissioners as to how the COUNTY should expend surcharge monies collected. Such recommendations shall be limited to those purposes authorized by law. (6) This Agreement shall become effective upon approval by the respective governing bodies of the COUNTY and all of the CITIES who are parties hereto. This Agreement shall terminate on the earlier of any of the following events: (a) The consent of all parties hereto to terminate this Agreement; (b) A change in Florida Law which renders this Agreement void. (7) This Agreement supersedes the Agreement between the parties which is dated October 1, 1997. The parties agree that the Agreement dated October 1, 1997 shall have no further force or effect. 0) IN WITNESSES WHEREOF, each of the respective parties hereto has caused this Agreement to be executed as of the day and year first written above. Attest: Attest: City Clerk Attest: City Clerk BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA an Jackie Colon, Chairperson As approved by the Board CLERK OF THE COURT IN ADDITIONAL SIGNATURES ON FOLLOWING PAGES CITY OF CAPE CANAVERAL LO -A CITY OF COCOA 3 2007 Mayor CITY OF COCOA BEACH Attest: City Clerk TOWN OF GRANTNALKARIA Attest: Mayor Town Clerk TOWN OF INDIALANTIC Attest: Town Clerk CITY OF INDIAN HARBOUR BEACH Attest: Mayor City Clerk Attest: Town Clerk Attest: City Clerk Attest: Town Clerk Attest: Town Clerk TOWN OF MALABAR CITY OF MELBOURNE LO -A TOWN OF MELBOURNE BEACH TOWN OF MELBOURNE VILLAGE 00.2 5 Mayor Mayor Attest: City Clerk Attest: Town Clerk Attest: City Clerk Attest: City Clerk CITY OF PALM BAY TOWN OF PALM SHORES Un CITY OF ROCKLEDGE IIn CITY OF SATELLITE BEACH 2 Mayor Mayor Attest: City Clerk Attest: City Clerk Attest: Attest: CITY OF TITUSVILLE CITY OF WEST MELBOURNE SHERIFF OF BREVARD COUNTY NO SIGNATURES FOLLOW 7 Mayor Sheriff BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS TO: Bob Lay, Director, Emergency Management FROM: �,�annon L. Wilson, Deputy County Attorney SUBJECT: $12.50 surcharge DATE: September 25, 2007 INTER -OFFICE MEMORANDUM Question: Is the County authorized, pursuant to § 318.21(9), Fla. Stat. (2006), to direct a portion of the $12.50 surcharge monies to the cities to support the cities' radio systems? Short Answer: No, § 318.21(9), Fla. Stat. (2006) provides $12.50 "from each moving traffic violation must be used by the county to fund that County's participation in an intergovernmental radio communication program approved by the Department of Management Services." Explanation: In light of the Department of Emergency Management taking over the oversight and maintenance of the 800 MHz radio system from the Sheriff's Office in 2006, you have asked for a review of several agreements including the Master Agreement between the County and the Cities dealing with the $12.50 surcharge currently authorized by § 318.21(9), Fla. Stat. (2006). That section currently provides as follows: Twelve dollars and fifty cents from each moving traffic violation must be used by the County to fund that County's participation in an intergovernmental radio communication program approved by the Department of Management Services. If the county is not participating in such a program, funds collected must be used to fund local law enforcement automation and must be distributed to the municipality or special improvement district in which the violation occurred or to the county if the violation occurred within the unincorporated area of the county. In 1994, the County signed a "Master Agreement" regarding the "$12.50" monies with the Cities that provided for a division of the $12.50 surcharge monies collected as a result of traffic tickets written in the incorporated areas of the County. At that time, the statutory provision for the $12.50 surcharge was located in § 316.655(7), Fla. Stat., which provided, "In addition to any other penalty provided for violation of the state uniform traffic control law pursuant to Chapter 316 or Chapter 318, any county that participates in an intergovernmental radio communication program approved by the Division of Communications of the Department of Management Services may assess an additional surcharge of up to $12.50 for each moving traffic violation, which surcharge must be used by the county to fund that county's participation in the program." In 1994, an Attorney General's opinion was solicited based on the language of § 316.655(7), Fla. Stat.. The Police Chief of the West Palm Beach Police Department inquired as to whether the City could utilize the $12.50 surcharge monies given that Palm Beach County had chosen not to proceed with a radio communications program deeming it too costly. The City had a "state of the art" 800 MHz communication system but, while other cities had approached the City of West Palm to participate in the system, Palm Beach County had made no such request. The AG at the time opined that the surcharge monies could only be used to fund a County's participation in the intergovernmental radio system. After the 1994 AGO was released, the legislature readdressed the surcharge. In 1996, the legislature amended Florida Statutes, moving the section dealing with the surcharge from § 316.655 to § 318.21 (as set out above), and providing that the county must use the proceeds to fund the county's participation in the intergovernmental radio system, but if the county did not do so, the funds must be used to fund local law enforcement automation and distributed to the city in which the violation occurred or to the county if within the unincorporated area. This amendment made it clear that the legislature intends the monies be used solely by the county for the county's participation in the intergovernmental radio system when the county chooses to participate. Only if the county does not participate, would the monies then be apportioned between a county and the cities based on where the traffic violation took place. If the Legislature had intended the cities to share in the surcharge monies when the county was participating in the intergovernmental radio program, the amendment would have provided for apportionment irrespective of a county's participation in the program. In sum, the language is clear that the "[t]welve dollars and fifty cents from each moving traffic violation must be used by the county to fund that county's participation in an intergovernmental radio communication program" quoting § 318.21(9), Fla. Stat. (2006). If the county doesn't participate in the program, then the funds are to be used by the cities to fund local law enforcement automation. Applying rules of statutory construction, as did the Attorney General, the principal or rule of expressio unius est exclusio alterius applies here - meaning that the express mention of one thing also means the exclusion of another. Dobbs v. Sea Isle Hotel, 56 So. 2d 341 (Fla. 1952). Finally, given that the Master Agreement provides for the cities to obtain a portion of the $12.50 surcharge monies, the agreement is invalid. Please feel free to contact me if you have any questions. SLW/dmp Advisory Legal Opinion - Fees collected to upgrade the city's comm. system Florida Attorney General Advisory Legal Opinion Number: AGO 94-38 Date: April 27, 1994 Subject: Fees collected to upgrade the city's comm. system Chief B.R. Riggs West Palm Beach Police Department Post Office Box 1390 West Palm Beach, Florida 33402 Pagel of 3 RE: UNIFORM TRAFFIC CONTROL LAW--FINES--SURCHARGES-- MUNICIPALITIES -- COUNTIES --surcharge imposed by county for traffic violations for participation in intergovernmental communications systems to be used for. Dear Chief Riggs: You ask substantially the following question: May the City of West Palm Beach utilize the fees collected pursuant to section 316.655(6), Florida Statutes, to upgrade the city's communication system to allow other municipalities to participate in such a system? In sum: Section 316.655(6), Florida Statutes, does not currently permit the use of the fees collected thereunder to fund a municipality's participation in an intergovernmental communication system. You state that Palm Beach County began assessing the surcharge authorized in section 316.655(6), Florida Statutes in 1993 to help pay for a county communication system that was projected to cost $22 million. According to your letter, that projection has now more than doubled and the county communications committee has indicated that it is too expensive to proceed at this time. You further state that the City of West Palm Beach has a state of the art 800 megahertz communication system that has been providing communication services to West Palm Beach and the City of Riviera Beach's police, fire, and emergency medical services communications. The city has been approached by several other cities requesting communications services be provided to their respective cities. The City of West Palm Beach would like to receive a portion of the http://myfloridalegal.com/ago.nsf/printview/3C22788FFDIB5F9B85256220004E8690 9/24/2007 Advisory Legal Opinion - Fees collected to upgrade the city's comm. system Page 2 of 3 surcharge authorized in section 316.655(6), Florida Statutes, to expand its system to permit the city to provide such communications services to other cities. The county, however, is not, and has not requested to be, a participant in the city's communication system. Section 316.655(6), Florida Statutes, provides: "In addition to any other penalty provided for violations of the state uniform traffic control law pursuant to [chapter 316] or chapter 318, any county which participates in an intergovernmental radio communication program approved by the Division of Communications of the [Department of Management Services] may assess an additional surcharge of up to $12.50 for each moving traffic violation, which surcharge shall be used by the county to fund that county's participation in the program." (e.s.) Thus, the statute authorizes the county to assess the $12.50 surcharge and to use it to fund the county's participation in the intergovernmental radio communication program. Where the Legislature has prescribed the limitations upon the exercise of a statutory power such as the assessment and use of the surcharge in section 316.655(6), Florida Statutes, it is, in effect, a prohibition against its being exercised in any other manner.[1] Moreover, an examination of the legislative history surrounding the enactment of section 316.655(6), Florida Statutes manifests a the intent that the surcharge proceeds must be used to fund a county's participation in the communication program.[2] Your inquiry, however, concerns the use of the surcharge to fund one municipality's participation in another's communication system. While the city's communication system may qualify as part of an intergovernmental communication program,[3] the surcharge, as noted above, may only be used to fund a county's participation. Accordingly, the use of the surcharge to fund a municipality's, rather than a county's, participation in an intergovernmental communication program would not appear to be authorized under the language of section 316.655(6), Florida Statutes, as that statute is currently drafted. Sincerely, Robert A. Butterworth Attorney General RAB/tjw http://myfloridalegal.com/ago.nsf/printview/3C22788FFDIB5F9B85256220004E8690 9/24/2007 Advisory Legal Opinion - Fees collected to upgrade the city's comm. system Page 3 of 3 [1] See, Alsop v. Pierce, 19 So. 2d 799, 805 (Fla. 1944) (where the controlling law directs how a thing shall be done that is, in effect, a prohibition against its being done in any other way). [2] See, Final Bill Analysis & Economic Impact Statement on CS/CS/SB 1134 (passed as chapter 92-165, Laws of Florida, Committee on Criminal Justice, dated April 29, 1992, which states that proceeds from the surcharge imposed under the proposed amendment to section 316.655, Florida Statutes, "must be used to fund the county's participation in the communication program." [3] See, Memorandum from Mr. Glenn W. Mayne, Director of Division of Communications, Department of General Services [now Department of Management Services], to Sheriffs, County Commissioners and County Administrators, dated May 7, 1992, stating that an inter -governmental radio communication program is a "cooperative venture that features the participation of two or more local agencies, or one or more local agencies and one or more state agencies." http://myfloridalegal.com/ago.nsf/printview/3C22788FFDlB5F9B85256220004E8690 9/24/2007 Advisory Legal Opinion - Traffic Control, use of civil penalty Florida Attorney General Advisory Legal Opinion Number: AGO 2005-25 Date: April 20, 2005 Subject: Traffic Control, use of civil penalty Mr. Jeb T. Branham Baldwin Town Attorney 166 AlA North, Suite 201J Ponte Vedra Beach, Florida 32082 Page 1 of 4 RE: MUNICIPALITIES -CIVIL PENALTIES -TRAFFIC CONTROL -FINES -LAW ENFORCEMENT -use of civil penalty for law enforcement automation. s. 318.21(9), Fla. Stat. Dear Mr. Branham: You ask substantially the following question: Is the Town of Baldwin required to ensure that $12.50 from each moving traffic violation received from Duval County pursuant to section 318.21(9), Florida Statutes, is used for local law enforcement automation rather than general law enforcement? Section 318.21, Florida Statutes, provides a scheme for the distribution of civil penalties by county courts. The statute states that "(a)ll civil penalties received by a county court pursuant to the provisions of this chapter shall be distributed and paid monthly as (prescribed in the statute) . " [1] Subsection (9) of the statute provides: "Twelve dollars and fifty cents from each moving traffic violation must be used by the county to fund that county's participation in an intergovernmental radio communication program approved by the Department of Management Services. If the county is not participating in such a program, funds collected must be used to fund local law enforcement automation and must be distributed to the municipality or special improvement district in which the violation occurred or to the county if the violation occurred within the unincorporated area of the county." Prior to 1996, section 316.655(7), Florida Statutes (1995), provided: "In addition to any other penalty provided for violation of the state uniform traffic control law pursuant to [chapter 316] or chapter 318, http://myfloridalegal.com/ago.nsf/printview/OAIA67FCEE06CD9685256FE9005EE670 9/24/2007 Advisory Legal Opinion - Traffic Control, use of civil penalty Page 2 of 4 any county that participates in an intergovernmental radio communication program approved by the Division of Communications of the Department of Management Services may assess an additional surcharge of up to $12.50 for each moving traffic violation, which surcharge must be used by the county to fund that county's participation in the program." This office, in Attorney General Opinion 94-38, stated that under the then -existing language of section 316.655, Florida Statutes, the use of the surcharge to fund a municipality's, rather than a county's, participation in an intergovernmental communication program was not authorized. The language of section 316.655, Florida Statutes, quoted above was deleted in 1996 by the same act that added language to section 318.21, Florida Statutes, authorizing a municipality to use the surcharge for law enforcement automation.[2] While section 318.21(9), Florida Statutes, permits distribution to a municipality, such distribution occurs only if the county in which the municipality is located is not participating in an intergovernmental radio communication program approved by the Division of Communications of the Department of Management Services. [3] You have advised this office that Duval County, i.e., the City of Jacksonville, does not participate in an intergovernmental radio communication program; therefore, the county court's remittance of funds to the town from traffic tickets pursuant to section 318.21(9), includes the $12.50. The statute, however, requires that the funds received by a municipality pursuant to section 318.21(9), be used to fund law enforcement automation. This office stated in Attorney General Opinion 97-73 that the civil penalty imposed for traffic violations that is disbursed to a city pursuant to s. 318.21, Florida Statutes, to fund local law enforcement automation could not be used to purchase law enforcement automobiles.[4] You state that the funds received pursuant to section 318.21(9), Florida Statutes, are placed in the general revenue fund of the town. While the statute does not dictate that the funds must be placed in a separate account,[5] they may be used only for law enforcement automation and not for law enforcement purposes generally. When the controlling law directs how a thing shall be done, that is, in effect, a prohibition against its being done in any other way.[6] Accordingly, I am of the opinion that the town must ensure that the funds received pursuant to section 318.21(9), Florida Statutes, are used only for law enforcement automation and not for general law enforcement purposes. Sincerely, Charlie Crist Attorney General http://myfloridalegal.com/ago.nsf/printview/OAIA67FCEE06CD9685256FE9005EE670 9/24/2007 Advisory Legal Opinion - Traffic Control, use of civil penalty Page 3 of 4 CC/tjw [1] Cf. Art. V, s. 20(c) (8), Fla. Const. (fines and forfeitures received from violations of ordinances or misdemeanors committed within a county or municipal ordinances committed within a municipality shall be paid monthly to the county or municipality respectively); s. 142.03, Fla. Stat. (fines, forfeitures, and civil penalties for violations of Ch. 316 committed within a municipality, or infractions under Ch. 318 committed within a municipality, shall be paid in full each month to the appropriate municipality as provided in ss. 28.2402, 34.045, 316.660, and 318.21); s. 34.191, Fla. Stat. And see s. 316.660, Fla. Stat., stating that "[e]xcept as otherwise provided by law, all fines and forfeitures received by any county court from violations of any of the provisions of this chapter, or from violations of any ordinances adopting matter covered by this chapter, must be paid and distributed as provided in s. 318.21." [2] See s. 40, Ch. 96-350, Laws of Florida, amending s. 316.655, Fla. Stat. (1995), and s. 49, Ch. 96-350, Laws of Florida, which added the language currently contained in s. 318.21(9), Fla. Stat. [3] Cf. Op. Att'y Gen. Fla. 97-38 (1997), in which this office considered the distribution of surcharge funds to two towns in Walton County pursuant to s. 318.21, Fla. Stat., when this office was advised that Walton County did not participate in an intergovernmental radio communication program approved by the Division of Communications of the Department of Management Services. [4] In Op. Att'y Gen. Fla. 97-73, this office noted that since the term "automation" was not defined in the statute, it should be given its plain and ordinary meaning, with consideration given not only to the literal and usual meaning of words but also to their effect and meaning on the objectives and purposes of the statute's enactment. See Florida Birth -Related Neurological Injury Compensation Association v. Florida Division of Administrative Hearings, 686 So. 2d 1349 (Fla. 1997). The term "automation" has been generally defined as "the technique of making an apparatus (as a calculating machine), a process (as of manufacturing), or a system (as of bookkeeping) operate automatically; the state of being operated automatically; automatically controlled operation of an apparatus, process, or system by mechanical or electronic devices that take the place of human organs of observation, effort, and decision." Webster's Third New International Dictionary 148 (unabridged ed. 1981). The use of the term "automation" elsewhere in the Florida Statutes is generally in accordance with the above definition. See, e.g., ss. 20.21(2)(e) (automation of all information systems), 98.451 (automation of http://myfloridalegal.com/ago.nsf/printview/OAIA67FCEE06CD9685256FE9005EE670 9/24/2007 Advisory Legal Opinion - Traffic Control, use of civil penalty Page 4 of 4 processing elector registration), Fla. Stat.; and see ss. 119.01(2) (a), Fla. Stat. (automation of public records), 943.325(8), Fla. Stat. (Department of Law Enforcement to establish an automated DNA identification system). [5] Cf. In re Advisory Opinion to the Governor, 60 So. 2d 285 (Fla. 1952); Peters v. Hansen, 157 So. 2d 103 (Fla. 2nd DCA 1963) (where a public officer is charged by law with a specific duty, and the means by which the duty is to be accomplished are not specially provided for, the public officer has the implied power to use such means as are reasonably necessary to the successful performance of the required duty). [6] See Alsop v. Pierce, 19 So. 2d 799, 805-806 (Fla. 1944) ("When the Legislature has prescribed the mode, that mode must be observed"); Thayer v. State, 335 So. 2d 815, 817 (Fla. 1976). http://myfloridalegal.com/ago.nsf/printview/OAIA67FCEE06CD9685256FE9005EE670 9/24/2007 Meeting Type: Regular Meeting Date: 10-16-07 AGENDA Heading Consideration Item 14 No. City Manager' Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: ANNUAL CITY MANAGER EVALUATION DEPT/DIVISION: ADMINISTRATION Requested Action: City Council conduct an annual evaluation of the city manager. Summary Explanation & Background: Please advise. Exhibits Attached: Memo and Evaluation form City Manager' Office Department ADMINISTRATION ca im\my s\admin\council\meeting\2007\10-16-07\evaluation.doc Memo To: Mayor and City Council Members From: Bennett Boucher, City Manager CC: Susan Stills, City Clerk Date: 10/9/2007 Re: Annual City Manager Evaluation The attached City Manager Evaluation form is taken from the International City Managers Association. There are nine (9) evaluation categories for you to score on a scale of 1 to 5 with one being poor and five being excellent. There is also space available for comments. This item will be on the 10-16-07 City Council agenda, please fill out the attached form, and schedule a meeting with me at your convenience. CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Organizational Management 1 K 9-16-07 Evaluation Due Date Plans and organizes work that implements the policies of the City Council Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations Comments: El Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the ❑11 Council. 2. Administers the adopted budget within approved revenues and expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of ❑ staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. ❑ Comments: Planning 1. Establishes a process of planning in anticipation of future needs ❑ and problems. 2. Participates in the establishment of reasonable goals/objectives ❑ for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the ❑ City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the ❑ implementation of all city goals/objectives. Comments: Staffing 1. Recruits and retains qualified Department Heads. ❑ 2. Initiates corrective action to improve employee job performance, ❑ when needed. 3. Effectively manages personnel issues including employee ❑ insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. 2 City Manager Evaluation Comments: Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: Relations with Council 1. Responds to requests for information or assistance by the Council ❑ and/or by individual Council Members. 2. Adequately informs the Council of current issues. ❑ 3. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. ❑ Comments: 3 City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of ❑ importance to the City. 2. Reports are accurate and comprehensive. ❑ 3. Reports are generally produced through own initiative, as well as ❑ when requested by Council. Comments: Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and ❑ prompt manner. 2. Willingness to meet with members of the community and discuss ❑ issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open ❑ communications with other municipalities in areas that may affect or relate to the City. Comments: Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in ❑ the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be ❑ kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. ❑ 4 City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. 1, Comments: Council Observations During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: 3. Two things that the Manager does now that I would most like him to continue: a. City Manager Evaluation I 4. Two things that the Manager does now that I would most like him to discontinue: a. b. 5. Two things that the Manager does not do now that I would most like him to do: a. b. Name and Title of Person Performing Evaluation Date RESOLUTION NO. 2007-34 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, OPPOSING ANY ACTION BY THE FLORIDA DEPARTMENT OF TRANSPORTATION TO LEASE STATE ROAD 528, "THE BEACH LINE", TO ANY PRIVATE ENTITY; PROVIDING FOR THE DISTRIBUTION OF THIS RESOLUTION TO STATE AND LOCAL OFFICIALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, is aware that the Florida Department of Transportation is evaluating the use of Public—Private Partnership Leases for existing state roadways; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has learned through recent news reports that State Road 528 is being considered for a Public—Private Partnership Lease; and WHEREAS, the City Council of the City of Cape Canaveral, Florida is concerned that a Public—Private Partnership Lease of State Road 528 will remove the current toll free status of this roadway within Brevard County; and WHEREAS, the imposition of any new tolls on State Road 528 created by a Public—Private Partnership Lease is not in the best interest of this city; and NOW, THEREFORE, BE IT DULY RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, that: SECTION 1. PUBLIC - PRIVATE PARTNERSHIPS. The City Council hereby respectfully requests that the Florida Department of Transportation remove from any consideration the use of a Public—Private Partnership Lease for State Road 528, "The Beachline", to any private entity. SECTION 2. DISTRIBUTION OF RESOLUTION. The City Council hereby directs the City Manager to promptly distribute this resolution to Governor Crist, Secretary Stephanie C. Kopelouses of the Department of Transportation, members of the Brevard County Legislative Delegation, President of the Space Coast League of Cities and other local officials as needed. City of Cape Canaveral, Florida Resolution No. 2007-34 Page 2 of 2 SECTION 3. Severability. SECTION 4. Effective Date. This Resolution shall become effective immediately upon its 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 16th day of October, 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:\CityClklResolutions1200712007-34_State Rd 528.doc .wTrattsportatlori and Infrastructure Establishes maximum annual obligation of state and CS/CS/HB 985 (Glorioso) is an omnibus bill that addresses a federal funds to public-private partnership contracts of 15 23 variety of transportation financing, planning and administra- percent of funding for any given year; and tive issues. Among its key provisions are: Applies indexing toll rates to all DOT -owned toll facilities, I including the turnpike system. Public -Private Partnerships The bill provides for the implementation of public-private partnerships to strengthen the state's transportation system by providing the Department of Transportation (DOT) with innovative financing techniques including public-private partnerships and leasing existing toll facilities. The bill makes the following changes: Revises current application fees for proposals submitted under this section to be required only for unsolicited pro- posals; Requires that agreements for leasing existing toll facilities must be approved by the Legislative Budget Commission; Allows DOT to enter into public-private partnership agreements to develop new toll roads or to increase capac- ity; Requires that DOT submit a summary of public-private partnership projects as a part of the Tentative Work Pro- gram annual submittal to the Legislature and governor's office; Requires minimum operation and maintenance standards for toll facilities included in public-private partnerships; Provides for regulation of toll rates and revenue sharing as part of the negotiated agreement; J Requires investment grade traffic and revenue study, a finance plan and a cash-flow analysis; Exempts public-private partnerships from traditional con- tracting requirements included in Chapter 311, Florida Statutes. However, these agreements must specify the qualification of firms and the contracting requirements through the procurement process; Extends the advertisement period from 60 days to 120 days for interested parties to submit a competitive bid in response to DOT's receipt of unsolicited proposals; Requires that public-private partnership agreements in- clude a balanced security package; J Requires the private entity and DOT to perform a cost - benefit, value -for -money analysis showing the cost effec- tiveness and public benefit of proposed projects; J Authorizes availability payments by DOT on an annual basis as part of a project finance plan; ? Provides project selection and prioritization processes for specific roadways associated with DOT's work program; Establishes contract term limits for public-private partner- ship agreements of 50 years or 75 years with the DOT secretary's written findings and approval. More than 75 years requires legislative approval and specifies that any leased facility would be owned by DOT at the end of the term of the agreement; J Metropolitan Planning Organizations (MPO) and Florida Transportation Commission (FTC) The bill clarifies that Metropolitan Planning Organizations are separate and distinct legal entities; provides autonomy to MPOs by requiring independent staff and grants specific powers and authority; addresses the voting procedures to be followed by MPOs; and provides MPO staff eligibility to participate in the Florida Retirement System (FRS). J Local Government The bill increases local governments' flexibility to fund and fi- nance transportation infrastructure and expands their regula- tory authority in several transportation -related activities. Spe- cifically the bill deletes the prohibition for local governments to issue bonds only once a year on gas tax and infrastructure tax revenues. The dollar thresholds for county road projects that trigger the need to open the project to competitive bids are increased from $250,000 to $400,000. Local govern- ments are authorized to create a Transportation Concurrency Backlog Area Authority to address backlog issues. The powers and duties of these authorities are specified. Tax -increment financing from within the boundaries of the area would serve as the funding source to address the projects listed within the backlog area. Encourages the DOT to utilize funds to con- struct and maintain noise mitigation facilities (walls or other barriers) upon the request of a local government. Addition- ally, local governments are authorized to negotiate future concurrency "credits" with developers who contribute right of way and construct or expand a state transportation facility. Local governments are given specific authority to regulate wall murals within certain state and federal guidelines. Federal transit funds can now be used to provide local match for Transportation Regional Incentive Program projects. The bill requires the DOT and the Florida Transportation Commis- sion to conduct a study to evaluate the benefits and barriers of' regional multi -modal transportation concurrency districts and allows plan amendments to the local comprehensive plans concerning the integration of a port master plan. Tolls The bill provides DOT with additional authority to maintain and improve the state's toll facilities and the use of electronic toll collection cards; and provides for an efficient means of toll collections related to toll violations. In this regard, the bill expands the use of electronic tolling cards to agreements with private and public entities to allow toll road customers to use electronic tolling for paid parking. Additionally, the penal- ties for toll violations are increased for tolling citations. The sunset for distribution of certain toll revenues, 90 percent to BeachLine joins rent -a -road mix -- Orlando Sentinel. com orlandosentinel.com/orl-tolls22-207sep22,0,46526 I.story OrlandoSentinel.com SENTINEL EXCLUSIVE BeachLine joins rent -a -road mix Crist eyes plan to fill budget gap -- tolls could soar Aaron Deslatte Tallahassee Bureau September 22, 2007 TALLAHASSEE A stretch of the BeachLine Expressway in Central Florida, Alligator Alley in South Florida and the Sunshine Skyway Bridge across Tampa Bay could be leased to private investors under a plan being considered by Gov. Charlie Crist. Officials concede that the proposal, meant to patch a hole in the state's deflated budget, could send toll rates soaring on the two roads and the bridge. So far, Crist has publicly described the concept only vaguely as one way to balance Florida's budget without raising taxes. But his office has been briefed during the past two months by New York investment firm UBS about the revenue the state could reap leasing public toll roads to private investors. The consensus: Tolls would have to go up. Pagel of 3 The ups & downs. An Orlando Sentinel review of public records shows the most likely first project would be Alligator Alley, between Naples and Fort Lauderdale, where the state estimates it could raise between $504 million and $1.3 billion by leasing it to private investors. In exchange for a 50 -year lease to run the toll plazas and maintain the roadways, a private vendor could raise tolls from $2 to as much as $10 within a decade, records show. "I think it could be a very good opportunity for Florida," Crist said Friday. "That could be a way to help us, and there are others. I'm just trying to be innovative and not raise taxes." 'Most likely candidates' http://www.orlandosentinel.com/orl-tolls22_207sep22,0,5095643,print.story 10/8/2007 BeachLine joins rent -a -road mix -- Orlando Sentinel. com Page 2 of 3 Besides Alligator Alley, the state Department of Transportation has pushed two other toll roads as "the most likely candidates" for privatization in meetings this month: the state-owned stretch of the BeachLine, also known as State Road 528, in Orange and Brevard counties and the Sunshine Skyway. FDOT predicts that leasing the easternmost nine miles of the BeachLine could net a windfall of between $139.9 million and $321 million. The state owns that stretch of the BeachLine from State Road 520 near the Orange and Brevard county line to the Bennett Causeway at U.S. Highway 1. The corridor connects Orlando with much of the space industry in Brevard. The single toll on that stretch is a 25 -cent ramp toll at the S.R. 520 ramp, said Christa Deason, spokeswoman for Florida's Turnpike, which operates the toll facility there for FDOT. To make it attractive to investors, tolls would have to go up from 25 cents now to as much as $1.50 over time, according to FDOT's projections. The Orlando -Orange County Expressway Authority owns and operates the road in the center part of Orange County. Preliminary proposals Besides those tollways, FDOT is also offering up the Skyway Bridge connecting St. Petersburg with Manatee County along Interstate 275. Privatizing the five -mile bridge could net $477 million to $1.3 billion, a range that depends on how much the private vendor would be allowed to raise tolls. The Skyway toll would have to go up from 75 cents now to $5 to get the biggest return to the state. FDOT spokeswoman Pam Griffis called all the proposals "very, very, very preliminary." "These all had the potential to raise revenues," Griffis said. But the push is part of a broader strategy Crist's office has advocated to turn the state's assets into quick cash. The idea of privately owned roads isn't new. It's already being discussed in South Florida, where private investors are helping to build a tunnel to the Port of Miami and new express toll lanes on I-595. And a foreign company wants to build a short toll road in Tampa and eventually charge $2.75 for a three-mile trip. Lawmakers are scheduled to return to the Capitol on Oct. 3 to cut as much as $1.1 billion in state spending now. Next year, state government could be short $2.5 billion or more without deep cuts or finding new revenues. Crist has floated ideas to privatize the state Lottery, which could net billions of dollars in its own right, and his office is negotiating with the Seminole Tribe of Florida to potentially expand table games at its seven casinos across the state in exchange for a cut of the revenues. 'Politically difficult'? Leasing any toll roads would take about 10 months once the state hired legal and financial advisers, conducted public hearings and got final approval from the state Legislative Budget Commission. http://www.orlandosentinel.com/orl-tolls22_207sep22,0,5095643,print.story 10/8/2007 BeachLine joins rent -a -road mix -- Orlando Sentinel. com Page 3 of 3 MOT also cautioned Crist's office that "short-listed firms will want to know that local and state -level political support exist to move forward" with bids. The Legislature voted last spring to make it easier for MOT to lease existing toll facilities to private investors as a way to build new roads, an arrangement known as "public private partnerships." But Rep. Rich Glorioso, a Plant City Republican who heads the House Infrastructure Committee, said Crist's plan wasn't what lawmakers had in mind. "I think it will be politically difficult to sell off assets to balance the budget," Glorioso said Friday. "We didn't pass the legislation to lease out our infrastructure to balance the budget." Crist said Friday that he hoped to meet with Transportation Secretary Stephanie Kopelousos next week to mull the option and would decide based on "what the numbers are." "I'm trying to look for innovative ways to have additional revenue to kind of get us to the bridge to the refired Florida economy," he said. Jay Hamburg of the Sentinel staff contributed to this report. Aaron Deslatte can be reached at adeslatte@orlandosentinel.com or 850-222-5564. Copyright © 2007, Orlando Sentinel http://www.orlandosentinel.com/orl-tolls22_207sep22,0,5095643,print.story 10/8/2007 Page 1 of 2 tamQabay-COM Know it now. Private roads are dead end for Florida By A TIMES EDITORIAL Published September 30, 2007 In another attempt to reconcile his ambitions with his tax phobia, Gov. Charlie Crist is considering whether to essentially lease the Sunshine Skyway Bridge to pay for new professors at the University of Florida. As a financing plan for Florida's future, auctioning off public assets like roads is a dead end. Crist told a reporter recently that his concept, which is to lease public roads and bridges to private companies who would be paid back through higher tolls, could amount to a "very good opportunity" for the state. He added: "I'm just trying to be innovative and not raise taxes." The governor makes the concept sound as though it were free to Floridians, but it is anything but. The Orlando Sentinel looked at briefings provided the governor's office by a New York investment firm and found that motorists would get stuck with the bills. For granting a 50 -year lease on Alligator Alley, for example, the state might be expected to receive an up -front payment of between $504 -million and $1.3 -billion. In return, the company buying the lease would get to raise tolls from $2.50 to $10 within a decade. The Skyway Bridge might bring in a similar amount of money up front, but the toll could be raised from $1 to $5. The math works only if the state allows the companies to significantly raise tolls, which itself raises a question about privatization. If there are profits to be made by raising tolls, why wouldn't the state do so on its own? The state could borrow money at a cheaper rate than private firms and wouldn't need pay shareholders a 20 percent return. The reason traces back to the pinched politics that drive Crist to seek financial alternatives. If the state were to increase the tolls directly, Crist would consider it a form of a tax increase in much the same way he spurns tuition increases. But if a private company raises the tolls, politicians gain a measure of deniability. Georgia is among the states that are pursuing private roads as a way to meet transportation challenges. But its early efforts show that not everyone is easily fooled. It tried to sell a road between Atlanta to Athens until people found out the price would be a round-trip toll of roughly $10. Now Georgia is focusing its privatization effort on new roads. Crist appears to be considering the possibility of selling control of existing roads and bridges whose construction in many cases has already been paid off by tolls. Tolls could be increased for those motorists for uses wholly unrelated to transportation, such as education. If tolls are the ultimate user fee, what happens when they are put to an entirely different use? Putting public thoroughfares in the hands of private entrepreneurs can also lead to some untenable trade-offs. A new U.S. Public Interest Research Group report documents the noncompete clauses that have shown up in deals in other states. As an example, one Colorado road deal actually required nearby cities to add stop lights to slow traffic on competing roadways, lest the company lose potential toll revenue to free roads. The practice of private roads traces largely to developing nations, where poor governments are unable to borrow the http://www.sptimes.coml2007/09/30/news—pflOpinionIPrivate roads_are_dea.shtml 10/8/2007 Page 2 of 2 capital on their own. That's not the case in Florida, which is why privatization seems only to add a layer of political insulation and private profit. C 2007 • All Rights Reserved • St. Petersburg Times 490 First Avenue South • St. Petersburg, FL 33701 •727-893-8111 Contact the Times I Privacy Policy I Standard of Accuracy I Terms Conditions & Copyright http://www.sptimes.com/2007/09/30/news_pf/Opinion/Private roads_are_dea.shtml 10/8/2007 L V L 0 (1) i L a U O Q V O cr >� C N NE co O aCD N_ U X > To > C 0 C E� 0 CD N ++ O' i :c M W U E _ (D >O �Go): on - coo N � O .6-C O N O O r+L cn N = Cc O V V U NO >+ O (A UF—a ■ ■■ .O C m N N CL O O W -o E a A � .O QcacLuc .&--0 c (D > M .V CL �r�� L c CD = � C O � a:. N X O W ^ o J � M N N L m oc �a LL NLL FL O Q — F— CL to CT LU ■ ■ ■ ■ W C N 7 a' O cn N U C N N E C N N 'C U OQ o-0 C� tm N O N L N_ Cc > E HE O N 'X EO O N N N E U> C O co Q c a I.L. U ■ L 40 - CD Q 7 U O O a a cc N CD N C ■ ■ Z.'U C Z. 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'40_ N �� O V C > N V O O .� CLO E O 03 > = O O °CO) CL (u NCL) Q N +r }, a > U Q cC:Y M8 cu U c6 N _N a 0 0 :�, (D °° � CCC: ■ ■ ■ ■ <C O O U 0 CO O J • -1--a a) E N cm m ca m 0 0 c� 0 a) U cu E L W ^u cu L- 0 O -}-+ cm a-+ cn cn U cn ca 0 � cn CU a� 0 O O _U O CD cn O J 71 1, L� .Cl) Q. X C� U) 0 U cu J 7 n L W L cr U CL X co L co L Mm u • .Cl) L O L c c6 L m tea) N V • cm O J • O m E L a) • M c 0 1�m L .N 0U L i O ♦c V♦ _co lieU cu U CL co co .C.) _4-a O CL 0 U) co oft cu a) Jc:Ia a) a) /) a) O U co O U U co O O W co co O cu U) U) (1) U O L CL �Ar Cu CL co -� C/) O > CU (L) F- -0 �Ar Meeting Type: Regular Meeting Date: 10-16-07 AGENDA Heading Ordinance -2nd Reading Item No. 16 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 06-2007, AMENDING CHAPTER 2, THE LIST OF CITY CODE PROVISIONS ENFORCED THROUGH THE ISSUANCE OF A CIVIL CITATION DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Ordinance No. 06-2007 amending Chapter 2, the list of City code provisions enforced through the issuance of a civil citation. Summary Explanation & Background: This proposed ordinance would expand the use of civil citations to (11) other areas of concern, as discussed at previous workshop meetings. Attached are copies of the (11) code sections and the existing civil citation procedures. I recommend approval. Exhibits Attached: Proposed Ordinance No. 06-2007; (11) Code Sections and Procedures City Mana t Office Department LEGISLATIVE ca im ents\admin\council\meeting\2007\10-16-07\06-2007.doc ORDINANCE NO. 0&2007 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 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; 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, Chapter 162, Florida Statutes, provides that municipalities may designate the enforcement methods and penalties to be imposed for the violation of its codes and ordinances, and that such enforcement methods may include, but are not limited to, the issuance of a citation, in addition to hearings before the code enforcement board; and WHEREAS, the City Council believes that in certain cases, the only effective enforcement tool, due to the nature of the violation, is the issuance of a civil citation; and WHEREAS, the City Council desires to amend the City Code with respect to the enumerated list of code provisions subject to enforcement through issuance of a civil citation; and WHEREAS, conforming amendments to certain provisions of the City Code are required to provide for enforcement of those provisions through issuance of civil citations; 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. City of Cape Canaveral Ordinance No. _-2007 Page 1 of 6 Section 2. Code Amendment. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION ARTICLE VI. CODE ENFORCEMENT DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2-283. Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: (1) Chapter 38, Article IV, Fireworks ... Class II. JQ Chapter 34, Article I1, Litter ... Class I. al Chapter 34 Article III Prol2erty Maintenance Standards ... Class I. LD Chapter 34, Article V, Noise ... Class I. Chapter 34, Article VII, Lights ... Class 1. �6) Section 14-3 Bees and beehives prohibited ... Class I. Chapter 14 Article III Sea Turtles ... Class 1. !81 Section 110-467. Garage sales ... Class I. JD Section 110-582 Swimming12ool barriers ... Class 11. Section 110-485(d) Resort dwellings, resort condominiums; nonconforming use status; expiration ... Class IV. City of Cape Canaveral Ordinance No. _-2007 Page 2 of 6 11 Section 110-486, Rental restrictions on dwelling units ... Class IV. Chapter 82 Article XIV., Numbering of Buildings and Property ... Class I. (b) In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. Section 3. Conforming Amendments to Chapter 34, Environment. Chapter 34, Environment, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and str'keont type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 34. It is intended that the text in Chapter 34 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 34. ENVIRONMENT ARTICLE II. LITTER DIVISION 1. GENERALLY Sec. 34-27. Reserved Penalty. ARTICLE III. PROPERTY MAINTENANCE STANDARDS Sec. 34-95. Enforcement. The code enforcement officer and code enforcement board shall enforce this article. Alternatively, this article may be enforced through the issuance of a code enforcement citation pursuant to the procedure set forth in Chapter 2 of this Code. City of Cape Canaveral Ordinance No. _-2007 Page 3 of 6 ARTICLE V. NOISE Sec. 34-152. Reserved Penalties. *** ARTICLE VII. LIGHTS *** Sec. 34-208. Reserved Penalty. Section 4. Conforming Amendments to Chapter 110, Zoning. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeott type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS *** DIVISION 8. SWIMMING POOLS *** Sec. 110-582. Swimming pool barriers lEnclasum. City of Cape Canaveral Ordinance No. _-2007 Page 4 of 6 Swimmingl2ool barriers shall be required pursuant to Chapter 515, Florida Statutes, and the Florida Building Code, as adopted by Chapter 82 of this Code. .. .. .. ... .. : . .. WIN • - •• • • ••• • • • •r. •Navies= • • • • • • • • "evell am sev w Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 6. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Ordinance No. _-2007 Page 5 of 6 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. _-2007 Page 6 of 6 View Legal Ad# 902095 Print Window Close Window AD#902095-1016,2007 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 06-2007 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, October 16, 2007. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 06-2007 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 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; SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk AD*: 902095 Publication: Florida Today First Published: 10-06-2007 Page 1 of 1 http://www.flatoday.netliegals/display.htm?CMD=DISPLAY&id=30212 10/08/2007 DIVISION 1. GENERALLY DIVISION 1. GENERALLY Sec. 34-26. Definitions. Page 1 of 5 MKO The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Commercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature which: (1) Advertises for sale any merchandise, produce, commodity or thing; (2) Directs attention to any business or mercantile or commercial establishment or other activity for the purpose of either directly or indirectly promoting the interest thereof by sales; (3) Directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit; but this subsection shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expense incident to such meeting, theatrical performance, exhibition or event of any kind; provided that nothing in this subsection shall be deemed to authorize the holding, giving or taking placeof any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state or under any ordinance of this city; or (4) While containing reading matter other than advertising matter, is predominantly and essentially an advertisement and is distributed or circulated for advertising purposes or for the private benefit and gain of any person engaged as an advertiser or distributor. Garbage means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Litter means garbage, rubbish, rubble and handbills. Newspaper means any newspaper of general circulation as defined by general law, any newspaper fully entered with the post office department of the United States, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law and, in addition, means and includes any periodical or current magazine regularly published with not less than four issues per year and sold to the public. Noncommercial handbill means any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the definition of a commercial handbill or newspaper. Park means a park, reservation, playground, beach, recreation center or any other public area owned or used by the city and devoted to active or passive recreation. Private premises means any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and includes any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure. Public place means all streets, sidewalks, boulevards, alleys or other public ways and all public parks, squares, spaces, grounds and buildings. http://Iibrary4.municode.com/mcc/DocView/12642/l/100/102/103 9/26/2007 DIVISION 1. GENERALLY Page 2 of 5 -X//JO Rubbish means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. Rubble means broken fragments of concrete, brick, stone or asphalt, when such fragments are scattered in disarray. (Code 1981, § 675.01) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 34-27. Penalty. Any person violating this article shall, upon conviction, be punished as provided in section 1-15. (Code 1981, § 675.24) Sec. 34-28. Unlawful disposal. It shall be unlawful to deposit or dispose of garbage, horticultural trash, household trash, rubbish or industrial waste upon the premises of another or upon any street, alley, parkway or other public property or any canal, ditch, water, waterway, river, ocean, sandbed, pool, pond or the like within the city or in the receptacle of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations in receptacles which the owner or manager of the multiple dwelling, apartment or business building has authorized for the use of the tenants. (Code 1981, § 673.07) Cross references: Solid waste, ch. 62. Sec. 34-29. Litter in public places. No person shall throw or deposit litter in or upon any public place within the city, except in public receptacles or in authorized private receptacles for collection. (Code 1981, § 675.02) Cross references: Streets, sidewalks and other public places, ch. 66. Sec. 34-30. Placement in receptacles. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public place. (Code 1981, § 675.03) Sec. 34-31. Sweeping into gutters prohibited. No person shall sweep into or deposit in any gutter or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. A person owning or occupying property shall keep the sidewalk in front of his premises free of litter. (Code 1981, § 675.04) http://Iibrary4.municode.com/mcc/DocView/12642/l/100/102/103 9/26/2007 DIVISION 1. GENERALLY Page 3 of 5 Cross references: Streets, § 66-26 et seq. J/67 O Sec. 34-32. Merchant's duty to keep sidewalks free of litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. A person owning or occupying a place of business within the city shall keep the sidewalk in front of his business premises free of litter. (Code 1981, § 675.05) Cross references: Streets, sidewalks and other public places, ch. 66. Sec. 34-33. Throwing by person in vehicle. No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any public place within the city. (Code 1981, § 675.06) Cross references: Traffic and vehicles, ch. 74. Sec. 34-34. Truck loads. No person shall drive or move any truck or other vehicle within the city, unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any public place. (Code 1981, § 675.07) Cross references: Trucks, § 74-26 et seq. State law references: Similar provisions, F.S. § 316.195. Sec. 34-35. Dropping from aircraft. No person in an aircraft shall throw out, drop or deposit within the city any litter, handbill or any other object. (Code 1981, § 675.08) Sec. 34-36. Throwing in river or other body of water. No person shall throw or deposit litter in any river or any other body of water in a park or elsewhere within the city. (Code 1981, § 675.09) Cross references: Waterways, ch. 106. Sec. 34-37. Depositing on occupied private property. http://Ilbrary4.municode.com/mcc/DocView/12642/1/100/102/103 9/26/2007 DIVISION 1. GENERALLY Page 4 of 5 No person shall throw or deposit litter on any occupied private property within the city, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any public place or upon any private property. (Code 1981, § 675.10) Sec. 34-38. Owner's maintenance of premises. The owner or person in control of any private property shall at all times maintain the premises free of litter. However, this section shall not prohibit the storage of litter in authorized private receptacles for collection. (Code 1981, § 675.11) Sec. 34-39. Depositing on vacant lots. No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not. (Code 1981, § 675.12) Sec. 34-40. Posting notices prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamppost, public utility pole or shade tree or upon any public structure or building, except as may be authorized or required by law. (Code 1981, § 675.18) Sec. 34-41. Burial of trash, rubble or other debris. The burial of trash, rubble or debris within the city is prohibited. (Code 1981, § 675.19; Ord. No. 6-92, § 3, 5-5-92) Sec. 34-42. Enforcement. The terms of this article shall be enforced in accordance with the provisions of Chapter 2, Article VI, of the City Code of Ordinances, entitled Code Enforcement, and F.S. Ch. 162. (Ord. No. 24-2003, § 2, 9-2-03) Sec. 34-43. Abatement; assessment. Under this division, if a property owner does not comply with the notice of violation and corresponding order of the city code enforcement board within the time specified, the city may remove the litter or cause the litter to be removed. The city may charge or assess the property and owner with the actual cost of labor performed, materials furnished and disposal fees. Such amounts shall constitute an indebtedness of the owner of the property to the city and shall constitute a lien against the property http://Iibrary4.municode.com/mcc/DocView/1 2642/1/100/102/103 9/26/2007 DIVISION 1. GENERALLY 1(-20Page5 of 5 whichshall be superior in dignity to all other liens, except liens for state, county, and city taxes and liens for special assessments for public improvements. (Ord. No. 24-2003, § 2, 9-2-03) Secs. 34-44--34-50. Reserved. http://Iibrary4.municode.com/mcc/DocView/12642/l/100/102/103 9/26/2007 DIVISION 2. HANDBILLS Page] of 2 DIVISION 2. HANDBILLS Sec. 34-51. Throwing or distributing in public places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any public place within the city. No person shall hand out or distribute or sell any commercial handbill in any public place. However, it shall not be unlawful on any public place within the city for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. (Code 1981, § 675.13) Sec. 34-52. Placing on vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. However, it shall not be unlawful in any public place for a person to handout or distribute, without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. (Code 1981, § 675.14) Sec. 34-53. Depositing on uninhabited or vacant premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant. (Code 1981, § 675.15) Sec. 34-54. Distribution prohibited where properly posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed on the premises in a conspicuous position near the entrance thereof a sign bearing the terms, "no trespassing," "no peddlers or agents," "no advertisements" or any similar notice indicating in any manner that the occupants of the premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises. (Code 1981, § 675.16) Sec. 34-55. Distribution at inhabited private premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person present in or upon such private premises. However, if the inhabited private premises are not posted, as provided in this division, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or uponsuch inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or public places and http://Iibrary4.municode.com/mcc/DocVlew/ 12642/1/100/102/104 9/26/2007 DIVISION 2. HANDBILLS Page 2 of 2 except that mailboxes may not be so used when prohibited by federal postal law or regulations. This section shall not apply to the distribution of mail by the United States or to newspapers. (Code 1981, § 675.17) Secs. 34-56--34-65. Reserved. http://Ilbrary4.municode.com/mcc/DocView/12642/l/100/102/104 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* Page 1 of 6 ARTICLE 111. PROPERTY MAINTENANCE STANDARDS* lJ� *Cross references: Code enforcement, ch. 2, art. VI. Sec. 34-91. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Aesthetic means pertaining to beautification and good appearance through design, quality, maintenance and good upkeep. Appearance means the outward aspect visible to the public. Appurtenances means the visible, functional objects or accessories to and parts of a building. Blighting means any cause of destruction or ruin; to cause to wither or decay. Deterioration means the condition or appearance of a building or parts thereof showing evidence of physical decay, neglect, excessive use or lack of maintenance. Encroachment means entering by gradual steps into the possessions or rights of others. Family means an individual or a group of persons related to each other by blood or marriage or a group of not more than four adults who are not necessarily so related, living together under one roof as a single household unit. Filth means foul matter; unsanitary conditions; offensive or disgusting. Infestation means the presence of insects, termites, rodents, vermin or other pests on the premises which constitute a health or structural hazard. Landscape means elements of nature and manmade objects combined in relation to one another. Nuisance means everything that endangers life or health, gives offense to senses, violates the laws of decency or obstructs reasonable and comfortable use of property. Obnoxious means very unpleasant, objectionable and offensive. Screening means a structure or planting which conceals from public view the area behind such structure or planting. Topography means the physical characteristics of land. (Code 1981, § 652.09) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 34-92. Authority. This article is enacted under the home rule power and the police power of the city in the interest of public health, peace, safety and general welfare of the citizens and inhabitants of the city. http://library4.municode.com/mcc/DocView/ 12642/1/100/106 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* Page 2 of 6 (Code 1981, § 652.01) ,��cJl7 Sec. 34-93. Scope. This article shall be effective throughout the city. (Code 1981, § 652.03) Sec. 34-94. Purpose. (a) The intent of the city council in adopting this article is to establish reasonable and uniform regulations on the appearance of public areas, business establishments and residential communities within the city. (b) Good community appearance is the product of orderly and harmonious relationships existing between manmade objects and nature. Appearance has a direct bearing on the economic value of property. When the appearance of public areas, business establishments and residential communities is good, business people, homeowners and industrial developers tend to have a strong confidence in the community. Poor appearance, congestion and lack of proper maintenance bring about blight, decay, decreased property values, loss of revenues and decreased community confidence. (c) People are intensely aware of and affected by bad design or lack of attention to it. Poor quality of design in the exterior appearance of buildings or in the development and maintenance of structures, landscaping, signs and general appearance affect the desirability of immediate and neighboring areas for residential, business, industrial or other uses. Further, it impairs the benefits of occupancy in existing property, prevents the most appropriate development of such areas and produces undesirable conditions affecting health, safety, comfort and general welfare of the inhabitants of the city. (d) It is the purpose of this article to prevent the harmful effects that poor exterior property appearance can cause in the city and thus to promote and protect the public confidence and prosperity and to conserve the value of property. (Code 1981, § 652.05) Sec. 34-95. Enforcement. The code enforcement officer and code enforcement board shall enforce this article. (Code 1981, § 652.07) Sec. 34-96. Standards established. (a) Continued good appearance depends on the extent and quality of maintenance. Maintenance and upkeep are required for all the land improvements within the city. Lawns and planting require considerably more periodic attention than do buildings, nonetheless both require maintenance in order to retain a good appearance. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property or his appointed agent and any occupant, operator, tenant or anyone otherwise using the property in any form or manner shall be responsible for maintaining the exterior in a clean, sanitary and safe condition. All parts thereof shall be maintained in good repair and shall be http://Iibrary4.municode.com/mcc/DocView/I 2642/1/100/106 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* �f Page 3 of 6 capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used. (c) Exterior property areas in the front yard shall be free of clotheslines or other outside methods of drying clothing or other materials. (d) Exterior property areas of all premises shall be kept free of all nuisances, litter, rubbish, debris, objects, material or conditions which may create a health or fire hazard. Exterior property areas shall be free of unsanitary conditions which constitute a blighting or deteriorating influence on the neighborhood. Lawns, landscaping, driveways and fences shall be maintained so as not to constitute a blighting or deteriorating effect in the neighborhood. (e) Exterior property of buildings under construction shall be maintained during the period of construction as free of debris, rubbish or litter as possible so as not to constitute a blighting effect on the neighborhood. (Code 1981, § 652.11) Sec. 34-97. Duties and responsibilities for maintenance. (a) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and the occupant, operator, tenant or anyone otherwise using the property in any form or manner shall maintain the premises free of hazards which include but are not limited to: (1) Brush, weeds, broken glass, stumps, roots, obnoxious growths, accumulations of filth, garbage, trash, refuse, debris and inoperative machinery. (2) Dead or dying trees and limbs or other natural growth which, because of rotting, deterioration or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions. (3) Holes, excavations, breaks, projections, obstructions. All such holes and excavations shall be filled and repaired and walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. (4) Excretions of pets on paths, walks, driveways, parking lots, parking areas and other parts of the premises which are accessible to and used by persons on the premises. (5) Excessive accumulation of stormwater. (6) Source of infestation. (7) Vacant property and improvements shall be kept free of refuse, debris, trash or litter and vegetation cut periodically as needed. (b) The owner of every single-family or multiple -family dwelling, commercial or industrial property, his appointed agent and occupants, operators, tenants or anyone otherwise using the property in any form or manner shall provide: (1) Adequate placement of trash cans and dumpsters in strict observance of applicable sections of this Code and guidelines for garbage and trash collection service. (2) Screening of service yards and dumpster area by use of walls, fencing, planting or a combination of these on three sides with the open side positioned away from public view when possible, and which meet the design requirements as adopted in Appendix A [refer to building department] of this article referring to this section. Screening shall be equally effective in winter and summer. (3) Parking areas in good repair, free from erosion, properly marked and clear of litter http://llbrary4.municode.com/mcc/DocView/ 12642/1/100/106 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* Page 4 of 6 and debris. (Code 1981, § 652.13; Ord. No. 17-98, § 1, 5-19-98) 'jv0 Cross references: Supplementary zoning district regulations, § 110-466 et seq.; visibility requirements at intersections, § 110-469; requirements for fences, walls and hedges, § 110-470. Sec. 34-98. Building appearance and maintenance. The following criteria, unless specifically limited, shall apply to all improvements within the city: (1) Reserved. (2) Materials shall have good architectural character and shall be selected for suitability to the type of buildings and the design in which they are used. Materials shall be of durable quality and appropriate to the climatic conditions of Florida. (3) Mechanical equipment, including air conditioners or other utility hardware, on the roof, ground or buildings shall be screened from public view when practicable with materials harmonious with the building or they shall be located so as not to be visible from any public ways. This equipment shall conform with normal noise standards and shall not emit excessive noise. (4) Buildings and appurtenances, including signs, should be cleaned, painted, repaired and free of mildew as required to present a neat appearance. Deteriorated, worn or damaged portions should be rebuilt or replaced. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved safe from fire hazards. (5) Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling, and such shall be kept structurally sound in good repair. (6) All roofs shall have a suitable covering free of holes, cracks, excessive wear, missing shingles or tiles. (7) On commercial or industrial property, all storefronts and walls exposed to public view shall be kept in good repair and shall not constitute a safety hazard or nuisance. All windows exposed to public view shall be kept clean and free of marks or foreign substances except when necessary in the course of changing displays. No storage of materials, stock or inventory shall be permitted in display window areas or other areas exposed to public view, unless such areas are first screened from public view with suitable material. (8) Any commercial or industrial building vacant for more than 15 days shall be maintained in a suitable manner. All glass surfaces visible to the public shall be kept clean and screened from the inside, and the adjacent lawns, landscaping, driveways and fences shall be maintained regularly. (9) Exterior lighting used to illuminate a building and its grounds for safety purposes shall be in an aesthetic manner. (10) Reserved. (11) All permanently placed trailers or mobile homes shall be skirted with harmonious materials to prevent animal infestations and encroachment. (Code 1981, § 652.15; Ord. No. 16-95, § 1, 12-19-95) http://Iibrary4.municode.com/mcc/DocView/12642/l/100/106 9/26/2007 ARTICLE III. PROPERTY MAINTENANCE STANDARDS* Page 5 of 6 Sec. 34-99. Landscape appearance and maintenance. The community depends on trees and plant material to enhance its beauty, moderate its climate and provide year-round greenery and color. Landscaping criteria shall include but not be limited to the following: (1) All landscaped areas shall be maintained to present a neat and orderly appearance. (2) All dead or deteriorated plant material shall be promptly replaced or removed. (3) Where natural or existing topographic patterns contribute to beauty and utility of a development, they shall be preserved and developed. Modification of topography will be permitted where it contributes to good appearance. (4) Parking areas and trafficways shall be encouraged to be enhanced with landscaped parking spaces containing trees or tree groupings. Shrubs shall be used only when they will not obscure vision and will not require excessive maintenance. (5) All public landscaped areas shall be protected from vehicular encroachment. (Code 1981, § 652.17) Cross references: Vegetation, ch. 102; requirements for off-street parking, § 110-491 et seq.; requirements for landscaping and vegetation in the zoning regulations, § 110-566 et seq. Sec. 34-100. Sign appearance and maintenance. (a) All signs exposed to public view permitted by chapter 94 pertaining to signs shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed. (b) Any awning or marquee and its accompanying structural members shall be maintained in good repair and shall not constitute a nuisance or a safety hazard. If such awnings or marquees are not properly maintained in accordance with this subsection, they shall, together with their supporting members, be removed. If the awnings or marquees are made of fire resistant cloth, metal or plastic, the cloth, metal or plastic shall be maintained in good condition and shall not show evidence of excessive weathering, discoloration, ripping, tearing or holes. (c) Wall and ground signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be harmonious with the building design and shall be compatible with signs on adjoining buildings. (d) Identification signs and business signs shall conform to the building design and surrounding landscape. (e) Materials in signs shall have good architectural character and shall be harmonious with building design and surrounding landscape. (f) Every sign shall have good scale in its design and in its visual relationship to buildings and surroundings. (g) Lighting of signs shall be harmonious with the design and in accordance with section 94-63. (Code 1981, § 652.19) Cross references: Signs, ch. 94. http://Iibrary4.municode.com/mcc/DocView/I 2642/1/100/106 9/26/2007 ARTICLE V. NOISE* Pagel of 2 ARTICLE V. NOISE* 4�/00 *Cross references: Code enforcement, § 2-246 et seq.; animals, ch. 14; streets, sidewalks and other public places, ch. 66; traffic and vehicles, ch. 74; buildings and building regulations, ch. 82; zoning regulations, ch. 110. State law references: Motor vehicle noise, F.S. §§ 316.293, 403.415. Sec. 34-151. Declaration of policy to prohibit noise. It is declared to be the policy of the city to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise regulations is a matter of legislative determination and public policy, and this article is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the city and the people residing therein. (Code 1981, § 711.01) Sec. 34-152. Penalties. Any person violating this article shall be punished as provided in section 1-15. (Code 1981, § 711.25) Sec. 34-153. Enumeration of prohibited noises. It is unlawful for any person within the city to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others, and the following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but the enumeration shall not be deemed to be exclusive: (1) The sounding of any horn or other signaling device on any automobile, motorcycle or other motor vehicle on any street or in any public place within the city, except as a danger warning; the creation by means of such signaling device of any unreasonably loud or harsh sound and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn or other signaling device operated by the engine exhaust of any motor vehicle and the use of any such horn or other signaling device when traffic is for any reason held up. (2) The playing, using or operating or permitting to be played, operated or used any radio receiving set, musical instrument, television set, phonograph or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring residents at any time with louder volume than is necessary for the convenient hearing of the person who is in the room, vehicle or immediate area in which such machine or device is being operated and who is a voluntary listener thereto. The operation of any such radio receiving set, musical instrument, television set, phonograph or other machine or device for producing or http://Ilbrary4.municode.com/mcc/DocView/12642/l/100/108 9/26/2007 ARTICLE V. NOISE* Page 2 of 2 )400 reproducing sound between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 100 feet from the building, structure or vehicle in which it is located, shall be deemed prima facie evidence of a violation of this section. (3) The playing, using or operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier or other machine or device for the producing or reproducing of sound which is cast upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure; provided, however, within the com- mercial zoned district, the city manager may issue a permit to allow certain of the such activities, subject to conditions that would not materially disturb the tranquility of persons in the vicinity. (4) Yelling, shouting, hooting, whistling or singing on the public streets between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any office, store or in any dwelling, hotel or other type of residence. (5) The keeping of any animal or bird which, by frequent or long -continued noise, shall disturb the comfort or repose of persons in the vicinity thereof. (6) The discharge into the open air of the exhaust of any engine, motor, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud, explosive and unnecessary noise therefrom. (7) The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise. (Code 1981, § 711.02) Sec. 34-154. Construction noise. (a) The construction, erection, including excavation, demolition, alteration or repair of any building shall be permitted only between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturday. These activities shall be prohibited at all other times and also during all hours on New Year's Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas, except during urgent necessity in the interest of public health and safety, and then only with a permit from the building official, which permit may be grantedfor a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the building official shall determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m. and during all hours of the holidays listed in this subsection and if he further determines that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done between the hours of 7:00 p.m. and 7:00 a.m. and during all hours of the holidays listed in this subsection, upon application made at the time the permit for the work is awarded or during the progress of the work. (b) Home repairs by occupants or home additions by occupants that do not exceed 500 square feet shall be excluded from this article. (c) The building official is empowered to issue a stop work order for violation of this article and, upon repeated occurrences, may revoke the building permit of the violator. (Code 1981, § 711.10) Secs. 34-155--34-175. Reserved. http://Iibrary4.municode.com/mcc/DocView/12642/l/100/108 9/26/2007 ARTICLE VII. LIGHTS* Page] of 2 ARTICLE VII. LIGHTS* '400 *Cross references: Code enforcement, § 2-246 et seq.; artificial light illumination restricted for the protection of sea turtles, § 14-55; buildings and building regulations, ch. 82; signs, ch. 94; supplementary zoning district regulations, § 110-466 et seq. Sec. 34-206. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Spillover lighting means spillover lighting in excess of 0.2 footcandles greater than the existing light (i.e., moonlight) that transmits beyond the property boundary line. (Code 1981, § 713.05) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 34-207. Policy established. It is declared to be the policy of the city to prohibit unnecessary, excessive and offensive spill- over lighting from all sources subject to its police powers. The need for spill-over lighting regulation is a matter of legislative determination and public policy and this article is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety and welfare of the city and the people residing therein. (Code 1981, § 713.01) Sec. 34-208. Penalty. Any person violating this article shall, upon conviction, be punished as provided in section 1-15. (Code 1981, § 713.11) Sec. 34-209. Spillover lighting standards established. Area floodlighting fixtures or other materials installed or provided within the corporate limits of the city, unless excepted elsewhere, shall be installed in or equipped so that the light source does not transmit excessive spillover beyond the boundaries of the property on which the lighting source is located. (Code 1981, § 713.03) Sec. 34-210. Exceptions. Any lighting source emanating from a light source which is owned by or under the control of any http://llbrary4.municode.com/mcc/DocView/I 2642/ 1 /100/110 9/26/2007 ARTICLE VII. LIGHTS* Page 2 of 2 s 0 federal, state, county or municipal unit of government or public utility shall be specifically excepted from this article. (Code 1981, § 713.07) Sec. 34-211. Method of measurement. In order to determine spillover lighting, the code enforcement officer shall measure the light where the light first spills over the adjoining property by using a correctly calibrated light meter while pointing the light meter directly at the source light. The light meter shall be calibrated in accordance with accepted recognized standards. (Code 1981, § 713.09) http://Iibrary4.municode.com/mcc/DocView/12642/1/100/110 9/26/2007 ARTICLE I. IN GENERAL Page l of 1 ARTICLE I. IN GENERAL Sec. 14-1. Penalty. Any person convicted of a violation of this chapter shall be punished as provided in section 1 - 15. (Code 1981, § 701.07) Sec. 14-2. Designation of bird sanctuary. (a) The entire area embraced within the corporate limits of the city is designated as a bird sanctuary. (b) It shall be unlawful to trap, shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests or wild fowl nests. (Code 1981, §§ 655.01, 655.02) Sec. 14-3. Bees and beehives prohibited. The raising of bees or maintenance of beehives within the city limits is prohibited. (Code 1981, § 701.06) Secs. 14-4--14-25. Reserved. http://library4.municode.com/mcc/DocView/12642/l/75/76 9/26/2007 ARTICLE III. SEA TURTLES* Page 1 of 5 ARTICLE 1111. SEA TURTLES* 4,1,2O *Cross references: Environment, ch. 34; parks and recreation areas, ch. 54; streets, sidewalks and other public places, ch. 66; waterways, ch. 106. State law references: Sea turtles, F.S. §§ 161.053, 161.142, 161.161, 161.163, 370.12. Sec. 14-51. Purpose and scope. (a) The purpose of this article is to protect the endangered and threatened sea turtles which nest along the Atlantic Ocean beaches in the city by safeguarding the nesting sea turtles and sea turtle hatchlings from sources of artificial light on the beaches within the jurisdictional boundaries as defined by this article. (b) The scope of this article shall be limited to that area defined in this article as the jurisdictional boundary. (Code 1981, § 659.01) Sec. 14-52. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Administrator means the city manager or his designee who is responsible for administering this article. Artificial lighting or illumination means light emanating from a manmade device, which includes at least one lamp. Beach means that area of unconsolidated material that extends landward from the mean low- water line to the place where there is marked change in material or physiographic form or to the line of permanent vegetation, usually the effective limit of storm waves, as is defined in chapter 1613-33, Florida Administrative Code. Footcandle means a measure of light intensity equal to one lumen per square foot. Hatchling means any species of sea turtle, within or outside of a nest, which has recently hatched from an egg. Jurisdictional boundary means the area of the beach and land extending landward from the beach along land adjacent to the Atlantic Ocean. Lamp means a manmade device emanating light, including but not limited to incandescent, tungsten -iodine (quartz), mercury vapor, fluorescent, metal halide, neon, high-pressure sodium and low-pressure sodium. Low -profile lighting means a light fixture which places the source of light no higher than 48 inches off the ground and which is designed in such a way that light is directed downward from a hooded light source. Mechanical raking means the act of raking the beach with a motor -powered vehicle and a rake http://Iibrary4.municode.com/mcc/DocView/12642/l/75/78 9/26/2007 ARTICLE III. SEA TURTLES* Page 2 of 5 with prongs that are greater than three inches long or what may be allowed by the state department of environmental protection following a storm. New development means new construction and remodeling of existing structures when such remodeling includes the alteration of exterior lighting. Photometrics means charts, which are normally provided with lighting sales literature, that describe the characteristics of the illumination cast by the lamps discussed in that literature. Post -emergent hatchling means a hatchling sea turtle that has successfully emerged from its incubation site and must traverse the open beach and surf. Sea turtle means any species of marine turtle, including Caretta caretta (loggerhead turtle), Chelonia mydas (green turtle), and Dermochelys coriacea (leatherback turtle), using county beaches as a nesting habitat. (Code 1981, § 659.03) Cross references: Definitions and rules of construction generally, § 1-2. Sec. 14-53. Enforcement and penalty. If the administrator shall find that any of the sections of this article are being violated, he shall notify the property owner or occupant of such violations, in writing, indicating the nature of the violation and ordering any action necessary to correct it. Any person found guilty of violating any of the sections of this article after a first written warning shall be punished in accordance with section 1-15. In addition to any other remedies, whether civil or criminal, violations of this article may be enforced by the code enforcement board and may be restrained by injunction, including a mandatory injunction, and otherwise abated in any manner provided by law. (Code 1981, § 659.15) Sec. 14-54. Exemptions. (a) Under this article, bona fide research or patrol vehicles may operate at night with no more artificial lighting than reasonably necessary for safe operation on the city beaches; provided, however, the operators of such vehicles are authorized permittees of the state Department of Environmental Protection or law enforcement officers. (b) During the nonnesting season (November 1 through April 30 of each year) temporary lighting may occur. (c) Temporary lighting utilized by public service agencies for emergency repairs may occur. (d) In the aftermath of a natural event, such as a major storm or red tide, mechanical raking may occur if the beach area affected has been a part of a sea turtle monitoring program and a bona fide research agency, with a state department of environmental protection turtle permit, has certified that mechanical raking will not disturb any identified sea turtle nest and a copy of the required state department of environmental protection field permit, for mechanical raking, has been filed with and approved by thecounty division of codes and building services or its successor. (e) Administrative exemption procedures shall be as follows: (1) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. However, the city recognizes that the protection of sea turtles must be balanced with health, safety and welfare interests of persons which may warrant more light or additional beach http://Iibrary4.municode.com/mcc/DocVlew/1 2642/1/75/78 9/26/2007 ARTICLE III. SEA TURTLES* Page 3 of 5 activity along some beaches. In recognition of the need to balance the interests of the sea turtles with interests of public safety, the administrator shall havethe authority to exempt any lighting or activities affected by this article from any or all sections of this article upon written application in accordance with subsection (e)(3) of this section. (2) In reaching a decision on a written application for exemption, the administrator shall consider the following: a. It is determined there will be no significant adverse effect upon the surrounding lands and waters. b. It is determined there will be no significant adverse effect upon the environmental quality of the area. c. It is determined public safety will be adversely affected to a significant degree should the exemption not be granted. d. The exemption, if granted, is the minimum exemption that will make possible reasonable protection of both the sea turtles and the public safety concerns. (3) Application for exemption under this subsection shall be made in writing on a form provided by the administrator and shall include the following: a. A plan which shall depict the site, location of all buildings or structures on the site and location of all lighting on the site. b. The nature of the exemption requested. c. Written reasons why the exemption should be approved. d. Any additional necessary or appropriate items which the administrator may require. (4) If the administrator denies the exemption, the applicant may file an appeal of the administrator's written decision with the city council. (Code 1981, § 659.13) Sec. 14-55. New development. (a) It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, building and electrical plans associated with parking lots, dune walkovers or other outdoor lighting for development of real property within the jurisdictional boundaries shall be in compliance with the following: (1) Except as set forth in subsection (a)(2) of this section, no more than 0.5 footcandles of artificial illumination shall be cast upon the beach. Appropriate techniques for reducing artificial illumination include but are not limited to fitting lights with hoods or shields, screening artificial light with vegetation or other devices, directing light away from beach area, utilizing low -profile lighting and lowering the light intensity of the lamps. (2) No more than two footcandles of artificial illumination shall be cast upon the beach when the spectral distribution of the light bandwidths is between 560 and 620 nanometers. Commercially available lighting that satisfies the spectral criteria include low-pressure sodium lamps. (3) No lamp shall be directly visible from the beach. The use of opaque materials for screening and hooding the lamps are techniques which may be used to limit visibility from the beach. http://Ilbrary4.municode.com/mcc/DocView/I 2642/1 /75/78 9/26/2007 ARTICLE III. SEA TURTLES* Page 4 of 5 �1Jd (4) Parking lots where vehicle headlights may cast light onto the beach so as to be in violation of this article shall be screened to eliminate excess light on the beach. (5) At the time building and electrical plans are submitted for public review, appropriate photometrics of the artificial lighting used shall be provided by the applicant. Photometrics shall include horizontal isolux charts and spectral distribution charts if appropriate. (b) This article shall not apply to any structure for which a building permit or development order has been issued prior to the effective date of the ordinance from which this section is derived. (Code 1981, § 659.05) Cross references: Lights, § 34-206 et seq. Sec. 14-56. Existing development. It is the policy of the city to minimize artificial light illuminating within the jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet this intent, lighting of all structures which illuminate the beach shall be in compliance with the following: (1) Artificial lighting shall conform to section 14-55(a); or (2) Artificial lighting used to illuminate buildings and grounds which directly or by refraction or reflection illuminates the beach above the levels established in section 14- 55 shall be turned off from 9:00 p.m. until 7:00 a.m. every day during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. (Code 1981, § 659.07) Sec. 14-57. Publicly owned lighting. Streetlights and lighting at parks and other publicly owned beach access areas within the jurisdictional boundaries of this article shall be subject to the following: (1) All new and replaced lamps shall not be directly visible from the beach. (2) Artificial lighting at parks or other public beach access points shall conform to section 14-55(a). (3) Artificial lighting used to illuminate buildings and grounds which directly or by refraction or reflection illuminates the beach above the levels established in section 14- 55(a) shall be turned off from 9:00 p.m. until 7:00 a.m. every day during the period of May 1 to October 31 of each year. Automatic timers may be used to provide consistent compliance. (Code 1981, § 659.09) Sec. 14-58. Beach activities. (a) Fires, although otherwise restricted on, over, or upon the city's beaches in chapter 54, shall be prohibited within the jurisdictional boundaries of this article when such fires are visible from the beach from 9:00 p.m. until 7:00 a.m. during the period of May 1 to October 31 of each year. (b) Mechanical raking of the beach within the jurisdictional boundaries of this article shall be http://Iibrary4.municode.com/mcc/DocView/12642/l/75/78 9/26/2007 ARTICLE III. SEA TURTLES* �j62o Page 5 of 5 prohibited during the period of May 1 to October 31 of each year, except as exempted under section 14-54(d). (Code 1981, § 659.11; Ord. No. 01-2003, § 2, 1-21-03) http://Iibrary4.municode.com/mcc/DocView/12642/l/75/78 9/26/2007 DIVISION 1. GENERALLY M Page 1 of 1 Sec. 110-467. Garage sales. The noncommercial sale of privately owned items at retail from residential premises, commonly known as a garage sale or yard sale, shall comply with the following: (1) Hours of sale shall be restricted to daylight hours. (2) The sale may continue for two periods of not more than three consecutive days each. The two periods of sale shall be separated by a minimum of four nonsale days, and the total sale days shall be completed within 15 consecutive calendar days. (3) Yards shall be cleared of salable items on all nonsale days. (4) Subsequent garage sales conducted on the same premises by the same household are permitted 180 days after the close of the preceding sale. (5) A sign specifying a garage or yard sale may be displayed on the premises of the sale on sale days only. Such sign shall not exceed four square feet in size. (6) The person in charge of the sale shall ensure that automotive vehicles of potential or actual customers do not interfere with pedestrian or vehicular traffic in the vicinity. (Code 1981, § 641.13) http://Iibrary4.municode.com/mcc/DocView/12642/1/254/285/286 9/26/2007 DIVISION 8. SWIMMING POOLS* Page 1 of 1 Sec. 110-582. Enclosure. X;() (a) Any portion of a swimming pool to which access may be obtained from outside a residence, building or similar structure shall be required to be protected by a barrier as stipulated in the Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances. (b) Any portion of a swimming pool to which access may be obtained from inside a residence, building or similar structure where a wall of the residence, building or similar structure serves as a portion of the barrier required in (a) above shall be protected as stipulated in the Standard Swimming Pool Code as adopted in Chapter 82 of the City Code of Ordinances. (Code 1981, § 641.47(6); Ord. No. 16-98, § 2, 5-5-98) http://Iibrary4.municode.com/mcc/DocView/I 2642/1 /254/285/293 9/26/2007 LL The resort dwelling or resort condominium use is abandoned pursuant to section 110-197 of this Code, The Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation revokes the resort dwellin 's or resort condominium's license for whatever reason or if said Iicense should otherwise expire or lapse at any time for a period of time in excess of thirty (30) d= 0 The resort dwelling or rMrt condominium unit has been repeatedly found to be in violation of applicable building, fire, and zoning code requirements on more than three (3) separate occasions within the previous three year period commencing on the date that the most recent violation was cited. ForpuMoses of this subsection the term violation shall include those violations declared by the state or the city or a combination of violations declared by the state and city. It shall be unlawful for an owner to operate a resort dwelling or resort condominium in a zoning district other than C-1(Uw Density Commercial District) unless the owner has obtained a certificate of nonconforming status under this section. In furtherance ofthe public health. safft and welfare of the Qublic that occupy resort dwellings and resort condominiums city manager is hereby authorized to take whatever lawful steps are necessary, with the assistance of the building official and fire chief, to require that the operation of a resort dwelling or resort condominium within the city is in compliance with the city's zoning and certificate of occupancy requirements. Said steps may include, but are not limited to, seeking injunctive relief in a court of competent jurisdiction. Sec. 110-486. Rental Restrictions on Dwelling Units. ���0 It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive days in any zoning district. excludinz_hotels. motels under section 110-332(4) and resort condominiums in the C-1 zoning district. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like City of Cape CanaveraI Ordinance No.04-2007 Page 9 of 10 ARTICLE XIV. NUMBERING OF BUILDINGS AND PROPERTY Pagel of 2 ARTICLE XIV. NUMBERING OF BUILDINGS AND PROPERTY Sec. 82-366. Purpose. The purpose of requiring the display of building or property numbers is for locating such property in an emergency. Sec. 82-367. System established; incorporation of map. A uniform system of numbering properties and principal buildings, as shown on the map identified by the title, "Property Numbering Map," which is filed in the office of the building official, is adopted for use in the city. This map and all explanatory matter thereon is adopted and made a part of this article. (Code 1981, § 505.01) Sec. 82-368. Administration. (a) The building official shall be responsible for maintaining the numbering system adopted by this article. (b) The building official shall duly record all numbers assigned under section 82-367. (c) The building official shall assign to any property owner in the city, upon request and without charge, a property number for each principal building or separate front entrance to such building. However, the building official may issue additional property numbers in accord with the official numbering system whenever a property has been subdivided, a new front entrance opened or undue hardship has been worked on any property owner. (Code 1981, § 505.03) Sec. 82-369. Assignment of numbers. All properties or parcels of land within the city shall be identified by reference to the uniform numbering system adopted in this article. (Code 1981, § 505.05) Sec. 82-370. Numbering multiple -family structures. Each principal building shall bear the number assigned to the frontage on which the front entrance is located. If a principal building is a multiple -family structure comprised of four or more dwelling units, the principal building shall bear a separate number, and each dwelling unit therein shall affix a letter suffix or apartment number suffix to the building number. (Code 1981, § 505.09) Sec. 82-371. Posting and specifications of numbers. http://library4.municode.com/mcc/DocView/I 2642/1/187/199 9/26/2007 ARTICLE XIV. NUMBERING OF BUILDINGS AND PROPERTY Page 2 of 2 I/cq0 Numbers indicating the official numbers for each principal building or each front entrance to such building shall be posed in a manner as to be clearly visible and distinguishable from the street on which the property is located. Such numbers shall be a minimum of three inches in height and one-half inch in width and of a contrasting color with the building. (Code 1981, § 505.11) Secs. 82-372--82-374. Reserved. http://Iibrary4.municode.com/mcc/DocView/12642/l/187/199 9/26/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 1 of 6 DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2-280. Intent and purpose. (a) It is the intent and purpose of this division to provide a supplemental procedure for the enforcement of city codes and ordinances. Nothing contained in this division shall prohibit the city from enforcing its Code and ordinances by any other lawful means. (b) It is also the intent and purpose of this division to enhance the effectiveness of code enforcement within the city by authorizing the enforcement methods and penalties contained in this division for the betterment and promotion of the public health, safety, and welfare of the citizens of the city. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-281. Definitions. The following words and phrases shall have the meaning ascribed herein unless the context clearly indicates otherwise: (a) Code enforcement officer shall mean city manager designated employees or agents whose duty it is to enforce the City Code and ordinances. Code enforcement officers may include, but are not limited to, code inspectors, building inspectors, the building official, law enforcement officers, fire safety inspectors, or any other employee or agent authorized by the city council and/or city manager. All such officers employed by the city shall receive training as prescribed by the city council and/or city manager. (b) Person shall mean any individual, associations, joint ventures, partnerships, corporations, trusts, sole proprietorships, and any and all other groups or combinations and legal entities. (c) Repeat violation shall be as defined by F.S. ch. 162, and as may be amended from time to time. (d) Violation shall mean the act of breaking, infringing or transgressing any provision of the City Code, its ordinances or other law by a person, pursuant to this division. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-282. Authorization of citation program. (a) The city hereby adopts a code enforcement citation system to provide an additional and supplemental method of enforcing the enumerated codes and ordinances enumerated in section 2-283 or specifically made subject to this division elsewhere in the City Code. The enforcement method shall be by the issuance of citations for violation of duly enacted city codes and ordinances in accordance with the rules and procedures established by this division and F.S. Ch. 162. (b) Code enforcement officers shall not have the power of arrest for purposes of bringing a violation in compliance. For each violation, the code enforcement officer shall determine, using reasonable discretion, whether to prosecute the violation through the civil citation system under this division and/or the code enforcement board. (Ord. No. 06-2004, § 2, 4-20-04) http://Iibrary4.municode.com/mcc/DocView/12642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 2 of 6 C ry Sec. 2-283. Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: (1) Chapter 38, Article IV, Fireworks ... Class Il. (b) In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-284. Training of code enforcement officers. (a) The training and qualifications of the code enforcement officers shall be established by the city council or city manager. (b) Except for sworn law enforcement officers, the designation of code enforcement officers under this division does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officers to the provisions of F.S. Ch. 943. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-285. Citation powers; personal investigation; reasonable cause. Any code enforcement officer is hereby authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the duly enacted code or ordinance which is either identified in section 2- 283 of this division or specifically made subject to this division elsewhere in the City Code, regardless of whether the violation constitutes a repeat violation. Nothing in this section shall prohibit thecity from enforcing its codes or ordinances by any other means. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-286. Violation; penalties; general. (a) A violation of a city code or ordinance specifically made subject to this division is hereby deemed a civil infraction. (b) Each violation of a city code or ordinance specifically made subject to this division is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) The maximum civil penalty pursuant to this division, shall not exceed $500.00 plus all applicable court costs and legislative assessments, per violation. (d) Any citation issued pursuant to this article may be contested in county court. (e) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 and 775.083. (f) The provisions of this part shall not apply to enforcement pursuant to sections 553.79 and http://IibTary4.municode.com/mcc/DocView/12642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 3 of 6 CnY;6 553.80 of the Florida Building Code, as applied to construction, provided that a building permit is either not required or has been issued by the city. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-287. Citation issuance procedure. All citations issued pursuant to this division by a code enforcement officer shall be in accordance with the following procedure: (a) Warning notice. Except as provided in subsection (b), a code enforcement officer shall provide a warning notice prior to issuing a citation. The warning notice shall at a minimum provide the following: (1) The code or ordinance provision violated; (2) The date of the issuance of the warning notice; (3) Specked time for compliance (the time period for compliance shall not exceed 30 days); (4) Maximum amount of fine if violation is not corrected; (5) Code enforcement officer's signature; and (6) A place for the signature of the person receiving the warning. If upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. The citation shall be in a form proscribed in section 2-288. (b) Repeat violation, serious threat to public, or irreparable. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to the issuance of a citation and may immediately issue a citation if a violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (c) Delivery of citations. After issuing a citation to a person, the code enforcement officer shall: (1) Deposit the original citation and one copy of the citation with the clerk of court for the Brevard County Court. (2) Provide the person cited with one copy; and (3) Retain one copy in the code enforcement officer's case file. (d) Issuing citations to persons. Written warning notices, if applicable, and citations shall be issued to a person as follows: (1) If the person is an individual, the code enforcement officer shall issue the warning notice or citation to the person by hand delivery. In the absence of the person who has committed the violation, issuance of a warning notice or citation may be accomplished by leaving a copy of the warning notice or citation at a person's usual place of residence with any person residing therein who is 15 years of age or older and informing the person of the contents or forwarding a copy of the warning notice or citation by registered or certified mail, return receipt requested. (2) If the person is a business or other entity, the code enforcement officer shall issue the warning notice or citation to any employee or principal of the entity, during regular business hours, and inform the employee or principal of the contents or by forwarding a copy of the warning notice or citation by registered or certified mail, return receipt http://library4.municode.com/mcc/DocView/12642/1/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 4 of 6 Cexloel requested. Each employee of the business or principal shall be deemed to be an agent of the business for service of warning notices and citations. (e) Person required to sign citation. Except in the absence of the person who has committed the violation, a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "refused to sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the city police department to report such violation of section 2-286(e) and F.S. § 162.21(6). (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-288. Citation form. Unless a uniform code citation is promulgated by administrative order issued by the chief judge of the 18th judicial circuit or state statute, the citation issued by a code enforcement officer shall be in a form prescribed by the city council by resolution, and shall contain at a minimum the following: (a) The date and time of issuance; (b) The name and address of the person to whom the citation is issued; (c) The date and time the civil infraction was committed; (d) The facts constituting reasonable cause; (e) The number or section of the code or ordinance violated; (f) The name and authority of the code enforcement officer; (g) The procedure for the person to follow in order to pay the civil penalty or to contest the citation; (h) The applicable civil penalty if the person elects to contest the citation; (i) The applicable civil penalty if the person elects not to contest the citation; and 0) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-289. Payment of penalty; court hearings. (a) Citation not contested. If the person elects not to contest the citation, the person shall pay in full the applicable civil penalty, made payable by cash or check to the city and delivered to the city manager, within 14 calendar days after issuance of the citation. The civil penalty shall be deposited in the city's general fund. By paying the citation, the person shall be deemed to have admitted the infraction and waived the right to a hearing. The city manager shall instruct the code enforcement officer who issued the citation to promptly notify, in writing, the clerk of the court for the county court that the person elected not to contest the citation and the matter involving the particular paid citation has been closed and requires no hearing before the court. http://library4.municode.com/mcc/DoeView/12642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 5 of 6 (b) Failure to pay citation and request court hearing. If the person cited fails to pay the civil penalty by the 14th calendar day after the issuance of the citation or fails to request a court hearing within the time prescribed in subsection (c), the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty plus applicable court costs. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to pay or request a court hearing. Failure to respond to an order to show cause may result in issuance of an arrest warrant or other lawful action by the court. (c) Citation contested. If the person elects to contest the citation, the person shall, within 21 calendar days of issuance of the citation, request, in writing, the clerk of the court for the county court to schedule a hearing before a county judge. The person shall immediately notify the city of the request for hearing by U.S. mail or hand delivery to the city manager. Said hearing shall be scheduled as soon as the court calendar shall permit. (d) Judicial determination of violation and penalties; civil judgments; payment of civil judgment. (1) A county judge, after a hearing on the citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the county judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus applicable court costs; in no event, however, shall such civil penalty imposed by the county judge be less than the reduced civil penalty set forth herein. (2) The county judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as the county judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment shall be entered against that person in an amount up to the maximum civil penalty plus applicable court costs. (3) Should the person cited schedule a hearing as provided for herein and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty plus applicable court costs; provided, however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, theclerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing. Failure to respond to the order to show cause may result in issuance of an arrest warrant. (4) Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect. (5) In the event that a civil judgment is entered against the person cited as provided herein, the city may record a certified copy of said judgment in the official records of the county and the same shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. (6) In the event that an order is entered finding that a violation of the ordinance cited has been committed, the city may record a certified copy of said order in the official records of the county and the same shall thereafter constitute notice to and be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the http://Iibrary4.municode.com/mcc/DocView/12642/l/33/53/56 9/10/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 6 of 6 i violator and any subsequent purchasers, successors in interest or assigns ifthe violation concerns real property. (7) Payment of any civil penalty imposed by civil judgment or county judge shall be made to the clerk of the court, who shall forward the monies collected to the city manager for deposit into the city's general fund. If a judgment has been entered for the civil penalty, the clerk of the court shall notify the city when the judgment has been paid and the necessary satisfaction of judgment shall be prepared and recorded in the official records of the county. (8) Should the provisions of this section conflict with any administrative order issued by the court which sets forth the court's procedures required for handling code enforcement citations, the conflicting provisions of the court's administrative order shall prevail. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-290. Authorization to enter upon property. A code enforcement officer charged with the duty to enforce this division shall have the right to enter upon private real property in accordance with applicable federal and state law. If entry upon private real property is denied, the city manager is hereby authorized to direct the city attorney to obtain an inspection warrant from a court of competent jurisdiction for purposes of authorizing a code enforcement officer to inspect the private real property and personal property thereon. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-291. Classes of violations and penalties. (a) All violations of city codes and ordinances authorized for enforcement under this division shall be classified and assigned civil penalties as follows: TABLE INSET: Violation Civil Penalty Class 1 $100.00 Class II 200.00 Class III 300.00 Class IV 500.00 (b) Any city code or ordinance enacted subsequent to the adoption of this division may set forth the applicable civil penalty for violations by designating the appropriate violation classification provided in this section. (c) All city code or ordinance provisions which are subject to this division and which do not specifically set forth an applicable civil penalty classification shall be penalized as a class I violation. (Ord. No. 06-2004, § 2, 4-20-04) Secs. 2-292--2-299. Reserved. http://Iibrary4.municode.com/mcc/DocView/12642/l/33/53/56 9/10/2007 City Clerk's Office Human Resources and Risk Management Services Quarterly Report for October 2007 CITY CLERK'S OFFICE Information Management • City web site update still in progress. N'Sync Web Site Technician, Matt Travis, is working on a scrolling element to display public meeting updates and late breaking notices. City Clerk continues to maintain web site updates related to Council and Board Meeting Agendas, the Public Meeting Calendar, Council and Board Minutes, and other monthly or periodic information, such as Recreation Activities. • Mia Goforth, Temporary Assistant continues to help with office operations, such as Notary service and Public Records requests, preparation and follow up for the City Council Meetings, distributing the Public Meeting Calendar and preparing City Council Agenda Packets. • Welcome to the City Information packets are made available to new residents. Legislative • Hard copies of City Code Supplement 16 will be ready for distribution by October 31 st. • City Clerk qualified the following candidates: Buzz Petsos, Shannon Roberts, and Craig Stewart during the two week period of Friday, August 17th and Friday, August 31St: • November 6'j' General Election is in progress; City Clerk receiving Campaign Treasurer's Reports from the qualified candidates. • The Clerk's Office prepared three New Board Member Orientation Binders for new Recreation Board members. Records Management • The Clerk's Office is preparing 2007 Records Destruction Notices. • The Clerk's Office overseeing a Records Audit. Identified and re -labeled 12 boxes at the Foreign Trade Zone to ensure that every box has the proper State records series code. • The Clerk's Office continues to assist Departments with securing boxes related to Public Records requests. Notary Service • The Clerk's Office continues to provide free Notary Service at a savings of $10 per document. Citizens continue to express their appreciation for this service. City Clerk/ Human Resource Office Quarterly Report, October 2007 Page 2 HUMAN RESOURCES & RISK MANAGEMENT SERVICES Separated Emplovees: Mike Hammons, Recreation Leader New Employees: Toni Dean Saccaro, Recreation Assistant Jerry Munday, Recreation Leader Anthony Alonso, Recreation Leader Interim Acting: Walter Bandish, Acting Public Works Director Jeff Ratliff, Acting Assistant Public Works Director Robert Lefever, Acting Recreation Director Temporary Office Assistant: Mia Goforth — City Clerk's Office - Spherion Staffing of Cape Canaveral Position Vacancies: Assistant City Clerk — City Clerk's Office Ms. Stills conducted three new Staff member orientations for Recreation Department employees. Each new employee receives an Orientation packet, completes new hire forms and reviews employment terms. Property/ Liability Claims: • Mina Stavros — Alleged trip and fall on the Ridgewood Avenue sidewalk in front of Cherie Down Park submitted on December 5, 2006. Carol Watson, Claims Representative with the FL League of Cities found that there was no negligence/ liability on the City's part and the claim remains denied. Workers Compensation Claims: • Maintenance Worker- Injured hand, claim closed as of 9/30. • Utilities Maintenance Worker — Injured a toe, will close claim pending physician's final review. • Maintenance Worker — Injured back, claim closed as of 10/03. City Clerk/ Human Resource Office Quarterly Report, October 2007 Page 3 STAFF TRAINING: • No videos presented at Department Head Staff Meetings this quarter. • Ms. Stills participated with the City's Safety Committee meeting this quarter and will re -focus on Department Head staff meeting training during the next quarter. • Ms. Stills met with the Safety Committee in August. Introduced to the new Florida League of Cities Field Representative, Scott J. Blaser who replaced Eric Story. The League will continue to partner with the Safety Committee for safety inspection practices, training through workshops that include other municipalities and safety videos. PROFESSIONAL DEVELOPMENT • Ms. Stills attended the Florida Public Personnel Association Pre -Conference Workshop on Saturday and Sunday, July 21St and 22"d. Awarded Certification as a Public Personnel Professional by the Association. Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 321-868-1227 rlefever _cfl.rr.com PARKS & RECREATION DEPARTMENT QUARTERLY REPORT JULY — SEPTEMBER 2007 The Adult Flag Football League completed its first season on July 24th. The second season is already under way as of September 18th with 8 teams. The Adult Co-ed Softball League completed its third season on September 20th. A Fall league is set to start October 25tH The Brevard Traveling Skate Park came to town again on July 28, 2007. 23 participants attended, the City paid for the costs for all the kids. All participants were Cape Canaveral residents. The Youth Center activity has remained strong. • July — 694 (average per day — 28) • August — 433 (average per day — 16) • September — 333 (average per day — 17) "National Night Out" was held on August 7th at Cape View Park. August 11th was the end of the Summer Party at the Youth Center. 41 kids attended the party (report attached). Space Coast Little League began practice for the Fall Ball Season on Thursday, September 13, 2007. Activity at the Recreation Center was a bit slow during the summer, which is typical for the hot months. Tennis and Racquetball Leagues remain steady. The Playground Project at Canaveral City Park has begun construction. Concrete walkways & the playground equipment is scheduled for installation in October. Cape View Playground was completed in August with the addition of 4 picnic tables, 2 benches, 1 bike rack & 3 trash receptacles ($6,359.40) — Playmore Recreation Supplies 4 New Solar Lights were added at Manatee Park ($15,316.00) — FL. Sports Lighting The Soccer Field at Banana River Park has been utilized very well this quarter. BYSO has 2 teams using the field for practices & Our Saviors Church is using it for all their home games. Future plans: 4 -tier bleachers for spectators & benches for player seating. We are still looking into more park benches for Manatee & Banana River Parks. The Recreation Department is looking into a security surveillance system for Manatee Park. We are currently waiting for proposals from several companies. Mike Hammons resigned from his position as Recreation Leader. New Recreation Leaders working at the Youth Center are Jerry Munday & Anthony Alonso. We also have a new Recreation Assistant, Toni Dean Sacarro, who will be working at the Recreation Center. Carol Delano, Hank Dinenno & Eileen Kandret were appointed as regular members to the Recreation Advisory Board. Chris Hale was appointed as an alternate. Upcoming events: October 13th — Fall Festival October 30th — Halloween Street Dance November 2"d to 4th — 32 Anniversary Racquetball Tournament November 14th — Health Fair at the Recreation Center December 8th — 12th Annual 5-K Reindeer Run December 16th — Christmas Tree Lighting Ceremony at the Library January 12th — Nancy Hanson Dedication Ceremony Public Works Department Quarterly Report September 2007 Administration Reclaimed Water Stormwater Streets & Beautification Public Works Quarterly Report: July, August, and September 2007 DATE: September 30, 2007 PUBLIC WORKS ADMINISTRATION 1. Animal Control. This office processed 13 citizen requests for animal traps for the months of Jul- Sep 2007 and were notified that a total of 10 animals were trapped as follows: 21 Cats 6 Raccoons 1 Possum 2. Education/Training: One Safety Committee Meeting was held during this quarter. Three major classes were attended: Public Records Management attended by 2 employees; Emergency Response and Recovery by FL DOT attended by 5 employees; Admin Assistants Conference attended by 2 employees. CEUs were awarded for 3.4 hours and 54 training hours were logged. 3. New Hires/Transfer — Mike Swingler accepted a new position with Volusia County. 4. CarteGraph Report on Work Orders/Work Production Period # WO's Community service provided 300 hours of additional labor support. FY 07 ----- Oct 06 - Sep 07 315 This Quarter 88 OutstandingThis Qtr ---Still Open 8 Still Open for FY 4 #WO's Labor Hours Labor Cost Equipment Cost Total Cost Annual Cost to Date ----Oct 06 — Sept 07 Cost 0 Qtr 315 80 24,270.04 190,946.83 173,726.16 364,672.99 4,624.55 37,006.66 35,531.49 72,538.15 Recurring Work Orders (Open the entire 4th quarter) #WO's Labor Hours Labor Cost Equipment Cost Total Cost 46 4,520.55 35,543.00 34,084.41 69,627.41 Completed Works Orders does not include recurring W/Os # WO's Completed Labor Hours Labor Cost Equipment Cost Total Cost 34 104 1,463.66 1,447.08 2,910.74 Employees Lab Streets Plant Operators/Collections) Water Reclamation Sewer Public Works/ Admin Positions -----31 3 8 8 6 5 Vacancies 0 0 1 1 0 2 Training - Events During Qtr Training Events Education Hours CEU's E Better Requests 27 54 Florida One Stop Requests/Locates not all tickets need locates) Tickets Labor Hours Labor Cost 120 40.4 1 570.81 Public Works Quarterly Report: July, August, and September 2007 DATE: October 5, 2007 RECLAIMED WATER Plant Production: APR. May June Quarter Wastewater Treated: 32.0 MG 30.9 MG 32.5 MG 95.4 MG Storage Tank: * LOMG *4.4MG *.7MG *6.1 MG Reuse Cape Canaveral 30.2 MG 27.5 MG 25.0 MG 82.7 MG Reuse Cocoa Beach 3.1 MG 5.2 MG 5.8 MG 14.1 MG Port Canaveral .5 MG 2.2 MG 1.0 MG 3.7 MG Total Reuse: 33.8 MG 34.9 MG 31.8 MG 100.5 MG River Discharge: 1.5 MG 0 MG 0 MG 1.5 MG Rainfall: 1.25 inches 1.31 inches 3.13 inches 5.69 inches Reclaimed Customers: 2 0 0 2 * Water from reuse storage tank that is added to total reuse used. Waste Water Treatment Plant - Capital Improvements 1. Sewer Force Main Replacement. Bid opening was on April 4''', 2007. The low bidder was Expertech Network Installation, Inc., in the amount of $644,168.95. Project was initiated in July. The project will be completed in late -2007. Also, Brown and Caldwell Engineering was tasked with Project Management and Construction Support. 2. Equipment and Maintenance Building. Construction is pending approval of change orders. 3. I & I Program. This year's I&I program was completed by Miller Pipeline Corp. The improvements to the system were as follows: (1) Slip lined 2,338 liner ft. of 8" pipe; (2) Sealed 10 manholes on 3A line; (3) Cleaned and inspected 1,313 linear ft. of laterals; and (4) Cleaned 2,350 linear feet of 24" pipe. Phase I and Phase 3 of the Harbor Heights Subdivision - work is in progress. 4. Regional Residual Dryer System. This project is ongoing and is a study for a regional bio -solids treatment facility for participating cities and Brevard County. This is an ongoing project that was approved by City Council on October 21, 2003. The Project web site may be located at www.SpaceCoastBiosolids.com. A meeting will be scheduled for Phase II of this project. Staff will then present a City Council Agenda Item. 5. Treatment Facility Permit. The City has received a new Florida Department of Environmental Protection (FDEP) Domestic Wastewater Facility Permit (FL0020541- 004-DW1P), expiration date of February 28, 2012. The City authorized Brown and 0 Page 1 Caldwell to proceed with work on the FDEP Permit Compliance Administrative Order Project. • Page 2 Public Works Quarterly Report: July, August, and September 2007 DATE: October 5, 2007 STORMWATER 1. Maintenance. City staff routinely removes floatable items and performs inspections of all baffle boxes (6) after heavy rainstorms — floatable items are removed on a less frequent basis during drought periods. 2. Construction Site Inspections. Construction site inspections are completed at the commencement of land clearing, after every rainfall event, and weekly. Inspection of all new construction sites for state mandated regulations in regards to erosion and sediment control is routinely performed. 3. Baffle Box Stormwater Grant. City staff is currently performing water quality monitoring of the three new baffle boxes (Holman Avenue, Center Street, and West Central Boulevard) in accordance with grant requirements. 4. Street Sweeping. Street sweeping is performed on all City streets on a monthly basis. An annual contract was recently approved with USA Services for another year of street sweeping services. 5. CDBG Grant. This stormwater improvement project at the intersection of Buchanan and Orange Avenues was completed in August. Funding was through a Community Development Block Grant (CDBG) in the amount of $100,000 and the City's Stormwater Utility. 6. North Central Ditch Project. The City was awarded a Section 319(h) grant from the Florida Department of Environmental Protection (FDEP - $314,770) and a Stormwater Cost -Sharing grant from the St. Johns River Water Management District (SJRWMD - $125,000) for stormwater improvements for the northern portion of the Central Ditch. The FDEP is currently reviewing the City's design drawings as prepared by Stottler Stagg and Associates (SSA) — upon completion of the review, the project will be advertised for bids. 7. South Central Ditch Project. The City was awarded a Section 319(h) grant ($286,000) from the FDEP for stormwater improvements to the southern portion of the Central Ditch. A SJRWMD grant was also awarded for the project in the amount of $115,000. Initial survey work has been completed and possible water quality designs are being discussed with the FDEP. 8. Monitoring. Routine water quality monitoring continues at the City's baffle boxes (6). 9. NPDES Permit. The City's NPDES Year 4 Annual Report (stormwater permit) was submitted to the FDEP in December 2006. The report was approved — next report (five- year permit extension) due December 1, 2007. 10. Utilities. City staff is now marking all stormwater structures at construction sites as required. 11. Concrete Construction Contractor. City staff is working with the concrete contractor to repair/replace stormwater basins/sidewalks/streets/medians located throughout the City. 12. Street Paving. The City-wide paving project has been completed — striping of City streets is ongoing. Additional paving is associated with specific construction projects. 13. Manatee Park Drainage Project. City staff has completed the installation of flood control equipment at Manatee Park. Excess stormwater will now be pumped from the parking area to the wet detention ponds at the City's Public Works Facility. 14. Turtle Lighting — Pollution Reduction Project. An additional list of lights requiring corrections was forwarded by the County to FPL — the County has funds remaining from last year to pay for the corrections. The City is currently waiting on a response from Brevard County. 15. Estuary Grant Application. A grant was awarded to the City by the US Army Corps of Engineers (COE) to remove pepper trees from the City property located on Long Point Road. The City is currently waiting on a contract from the COE — waiting on approval of funds. Public Works Quarterly Report: July, August, and September 2007 DATE: October 5, 2007 STREETS AND BEAUTIFICATION North Atlantic and Central Blvd Turn Lane. Plans are being revised for problems with rights-of-way. 2. North Adantic/Ridgewood Ave. Project on hold pending January tax reform review. 3. Beach Re -Nourishment. Will begin after turtle season in November. 740,000 cubic yards of sand covering about a 1 mile stretch of beach between Taylor Avenue and Ocean Woods area. 4. Beach End Bike Racks. Bike racks have been installed at City Hall and Annex. The other bike racks will be installed after curb repainting and beach end fence repair are completed. 5. New City Building. Staff performing building needs assessments for occupancy. 6. Hurricane Tree Trimming. Still in progress and almost completed. 7. Public Works Maintenance Buflding. The construction of the new Public Works Maintenance Building has been placed on hold. 8. Flower Planting. Holiday flower planting will take place around Thanksgiving. c �2 yam. ''�. fist rsrk I t ,,w r T Mw A14 x:: ft2 ? 2 «.. �6 2 k`Cxx'e. 4 — to 3 10 Atlantic .,Ocean *, f i Banana Rivet J� �{ f t Legetttl: 4 = Traffic Count Station Signalizetllntersection C lntits >> - its L' N D 1 0 0 w n c O G T V N 7 o Z �D y m D t>,D� � 3 d D� 7 N d rA N N �RIIIYInuIYIR�I1�i�Yln�l IIYYIn�I11fl11�ulAlAluIl�lY �III,NIII�I�gIII�IIIYIR,111,1, �n1111�����I1111AiAlull�i11 �u�•"'=I��Ilul�llll�lA1��0 YIRIIIY111�1119111N11111111�1��� D 1 0 0 w n c O G T V N 7 o Z �D y m D t>,D� � 3 d D� 7 N d rA N N LEVEL OF SERVICE THRESHOLDS (1 LOS LOS LOS LOS LOS ROAD SEGMENT A B C D E (2) SR A1A N. City Limits to Central Blvd 1 1930 2060 2060 2060 2060 Central Blvd to N. Atlantic Ave 2 1930 2060 2060 2060 2060 N. Atlantic Ave to Center St 3 1930 2060 2060 2060 2060 Center St to McKinley St 4 1930 2060 2060 2060 2060 N. ATLANTIC AVE G. King Blvd to Central Blvd 5 N/A N/A 480 760 810 Central Blvd to SR Al A 6 N/A N/A 480 760 810 CENTRALBLVD SR Al to N. Atlantic Ave 7 N/A N/A 480 760 810 N. Atlantic Ave to Ridgewood Ave 8 N/A N/A 480 760 810 RIDGEWOOD AVE Central Blvd to Madison Ave 9 N/A N/A 480 760 810 Madison Ave to Buchanan Ave 10 N/A N/A 480 760 810 (1) 2002 Quality/Level of Service Handbook, Florida DOT LTEC Annual Traffic Study 2006 trafficconcu r4thQtr0307 K Cl) mi- x. 0 Q O 70 0 CD w V O �_ m 3 n w a Q-0 C'. v CD co (a a C d C)' CO CD � N N m o 0 D O � O � a � n w m n Z Cn 10 Koo Zcnm C)G)* oZC)Zmo, OD O CLw CD ? m D w D» D a D o w D y v D w m D CD co O � r m co � U) a) E, 3 m CL 0 DZ< Qan o _ o Dai m o S 0 D m O D p o< Cl) 0 01 v co iz o C7 m T o z (7 a a a 0- D= a. CD m m D OD -+ CSD D D n m ? al 1W D p m ED W W v0) D m Q < O D Q 0) -4 j W O D ()I Ul m (Tl (O N W CD A (O o0 Ul A O Ul Ul 8 O OD V O (31 A W N 1 C) C) C) C) 00 D D D D Z cn c � cr CDD :3 O CO X C �. 3 m CD W C (D O CO --I C � 3 (D CD A D o ou O C: — < 3 m (D (D CD 0- p (D (D <V�o o CD c � 3 (D M <Z O co C: 3 mo (D CO <Cn m O M E n (3D � W cn m SD r- =3 O Q U) (7 n II) � a C, co OxlCn 0C) C)n pp D DD D I (u cnl 0 - CD D n n N ` O O _R o W n C () o -- -n m 7 D o m m V C y D Z U2 D o3 m d D 0 Dr 7 N d Vj N N -t N W N N N(0 O O V i N j 00 v co 0) W 01 -1 OD O d7 O U7 A W 07 A V co A 00 OD? (OO N (An W co V A V W (O V N N N N 1 N W 1 Ul co v Ut V O A A '1 00 01 v 1 CO G) V 1 W co ao o co rn 0 OD -+ O O O OD U1 O 1W AA (nA1N jO W W v0) A 0 0) (O 1 A 00 --I 0) -4 j W N ()I Ul OD CO (Tl V (Tl (O N W O O A (O o0 Ul A O Ul Ul Cl) Cl) (0 U, v N N N N N OD 00 00 00 OD 00 O O O O O) O O O O O O 0000 O V O A Cl) N N -+ A W (D 1 Ul J O A 1 0 V O -+ (D O N V V -+ (n co co C) C) C) C) 00 D D D D Z cn c � cr CDD :3 O CO X C �. 3 m CD W C (D O CO --I C � 3 (D CD A D o ou O C: — < 3 m (D (D CD 0- p (D (D <V�o o CD c � 3 (D M <Z O co C: 3 mo (D CO <Cn m O M E n (3D � W cn m SD r- =3 O Q U) (7 n II) � a C, co OxlCn 0C) C)n pp D DD D I (u cnl 0 - CD D n n N ` O O _R o W n C () o -- -n m 7 D o m m V C y D Z U2 D o3 m d D 0 Dr 7 N d Vj N N CITY OF CAPE CANAVERAL CONCURRENCY MANAGEMENT ANALYSIS SANITARY SEWER Sept 30, 2007 12 -MONTH FLOW DATA AVE. GAL PER DAY SEPTEMBER 2007 1,170,000 AUGUST 2007 1,162,000 JULY 2007 1,260,000 JUNE 2007 1,080,000 MAY 2007 996,700 APRIL 2007 1,060,000 MARCH 2007 1,100,000 FEBRUARY 2007 1,160,000 JANUARY 2007 1,021,853 DECEMBER 2006 1,010,000 NOVEMBER 2006 1,010,000 OCTOBER 2006 940,000 TOTAL 12,970,553 12 MONTH AVERAGE 1,080,879 CAPACITY ANALYSIS AVE. GAL PER DAY DESIGN FLOW 1,800,000 RESERVE CAPACITY 719,121 NEW CONSTRUCTION RESERVE 82,400 ESTIMATED CAPACITY REMAINING 636,721 AVERAGE FLOW PLUS NEW CONSTRUCTION RESERVE 1,163,279 NEW CONSTRUCTION RESERVE DETAILED ON ATTACHED PAGE CAPACITY ANALYSIS ❑ Capacity Remaining 3511.'Ic; El Flow 60% ■ Reserved 5% El Flow ■ Reserved Capacity Remaining CITY OF CAPE CANAVERAL CONCURRENCY MANAGEMENT ANALYSIS NEW CONSTRUCTION RESERVE Sept 30, 2007 RESIDENTIAL PROJECTS CONC APP DEP APP UNITS UNITS GALLONS PER DAY DATE DATE APPROVED REMAINING REMAINING Angel's Isle - Vested N/A N/A 12 2 Casa Esperanza 12/21/2006 3 3 Ocean Gardens 9/17/1991 48 1 Discovery Bay 8/4/1992 25 1 Caribbean Vistas 3/19/2007 4 4 Solana Lakes - N. Atlantic & Shorewood 3/19/1999 5/24/1999 188 0 Bayside Townhomes 2/26/2001 5/16/2001 100 0 Puerto Del Rio - Phase I & II 3/2/2001 8/27/2001 164 132 Villages of Seaport Village 7 10/22/2001 160 0 River Gardens Condominiums 10/25/2001 12/4/2002 30 6 Bayport Condominiums 9/26/2002 106 27 Majestic Bay 6/30/2003 29 0 Perlas Del Mar None recd. 7/28/2003 40 6 Puerto Del Rio Phase III None rcvd 240 143 Madison Cay - Shores of Artesia 5/9/2003 19 0 Portside Villas None rcvd 120 0 Villas at the Port - N. Atlantic. 3/15/2004 8/24/2004 32 0 Stewart SFR -127 Oak Ln. 6/1/2004 1 1 Central Canaveral Blvd. condo 6/7/2004 4 4 Beachside Townhomes - 502-504 Adams 11/10/2004 2 2 Casa Bonita - Washington Ave 5/17/2005 4 4 Seashell Cay North , 3 unit condo 10/14/2005 0 0 Chadwick Townhomes, Madison 10/27/2005 2 2 Seashell Cay, 4 Unit Twnhs 11/9/2005 4 0 Sawgrass Condominiums - 3 unit Madison 3/13/2006 3 2 Craig Stewart - Oak Lane None recd. 12 12 Cabo Verde Condominiums 1/19 - 5/12/06 35 35 Villagio Del Mar 603,605,607 Washington 7/25/2006 3 3 W-3 Duplex 2/2/2007 2 2 TOTAL RESIDENTIAL RESERVED COMMERCIAL PROJECTS AJT Phase 3 Office Bldg Country Inn & Suites Atlantic Animal Clinic CONC APP DEP APP DATE DATE 12/17/2004 6/15/2004 5/4/200 3/1/2006 Hertz @ Residence Inn 9/13/2006 TOTAL COMMERCIAL RESERVED UNITS UNITS APPROVED REMAINING 6 6 154 0 1 floor 0 1 floor 0 400 GPD 600 GPD 200 GPD 200 GPD 800 GPD 0 GPD 0 GPD 26,400 GPD 0 GPD 1,200 GPD 5,400 GPD 0 GPD 1,200 GPD 28,600 GPD 0 GPD 0 GPD 400 GPD 200 GPD 800 GPD GPD 400 GPD 800 GPD GPD 0 GPD 400 GPD 800 GPD 400 GPD 2,400 GPD GPD 7,000 GPD GPD 600 GPD 400 GPD 79,600 GPD GALLONS PER DAY REMAINING 1,200 GPD 0 GPD 1,600 GPD 0 GPD 0 GPD 2,800 GPD Assumptions: 18 fixture counts = 1 ELU = 200 GPD BUILDING DEPARTMENT Date: October 8, 2007 To: Bennett Boucher, City Manager From: Todd Morley, Building Official Re: Building Department Quarterl ctivity Report: July - September 2007 The following report is a summary of the Building Department's activities, accomplishments and on-going projects for the months of July - September 2007 Building Department - Overview: Duree Alexander, Code Enforcement Officer, and Todd Morley, Building Official, provided input at various City Council joint workshop meetings pertaining to: creating an expanded Civil Citation program, a Chronic Nuisance program and revising the Sign Code. Todd Morley created a draft facilities plan, evaluation and scope of work for a proposed remodeling project supporting the possible relocation of the building department to the property recently acquired at 7510 N. Atlantic Ave. (just north of City Hall on AIA). Dennis Clements, Building Inspector, conducted numerous inspections of structures for which resort dwelling/resort condominium status have been requested. Todd Morley was called upon and served on the I.C.C. (International Code Council) Exam Development Committee as a Subject Matter Expert for the creation of the new Florida Certified Roofing Inspector Examination. 10/8/07 Building Department Quarterly Report July - September 2007 pg. 2 Todd Morley continues to serve as President of the BOABC (Building Officials Association of Brevard County), attending two to three meetings per month. Todd Morley received the "Building Official of the Year" award from the voting membership of the BOABC (Building Officials Association of Brevard County). Projected and on-going vroiects: • AAAA Storage (formerly the rear portion of the Cape Office Building site plan) - (404 Imperial Blvd.) — A Mini -storage building. A shell construction permit has been completed. The regular permit application has been reviewed. Waiting for applicant response. • Ace Hardware Expansion - (8300 Astronaut Blvd.) — construction is ongoing. • Bayport Condominiums - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) 106 residential units at build -out. Construction is ongoing. 103 units completed to date. Project is complete except that one 3 -unit townhome building received a second six-month Temporary C.O. and is being used as a sales model. • Beach Auto - (8200 N. Atlantic Ave.) A building permit has been issued to enclose the existing walled courtyard to provide an additional service bay. Construction is ongoing. • Cabo Verde Condominiums - (Porter Property at A 1 A & Holman Rd.) — Site plan submitted. Waiting for developer's response to staff review of site plan. • Canaveral Bulk Terminal - (Conveyor System at 245 Challenger Rd.) — A Revised Drainage Plan was submitted and is under review by the City Engineer. Construction is on-going. The required sight and sound barrier was completed on August 24tH • Cape Canaveral Carwash (Intersection of N. Atlantic Ave. and Astronaut Blvd) — Held pre -application meeting. No action this quarter. • Caribbean Vistas - (420 Madison Ave.) - A (4) unit townhouse building — a preliminary replat has been approved. The site plan was approved on July 17th. 10/8/07 Building Department Quarterly Report July - September 2007 pg. 3 • Casa Esperanza Townhomes - (331, 333, 335 Fillmore Ave.) - one (3) unit townhouse building. A final replat is under staff review. — Currently under construction. • Fairvilla Megastore - (500 Thurm Blvd.) - A proposed parking lot expansion has been reviewed. Waiting for response from applicant. • Fillmore Townhomes - (224 Fillmore Ave.) — An existing duplex. Owner wishes to re -plat the property and make improvements meeting the townhouse code. Waiting for applicant to submit preliminary re -plat application. No action this quarter. • Manatee Bay - (607 Manatee Bay Dr.) - Single Family Residence — Currently under construction. • McDonald's - (8780 Astronaut Blvd.) - Proposed handicap accessibility upgrades under review. • Mermaid Key - (North half of project is accessed via Thurm Blvd. South half of project is accessed via Astronaut Blvd.) - Residential Condominiums (140 Units) and Commercial development (1.47 acres) on abutting commercial property - Site Plan was approved on August 9th • Public Works Facility Storage Building - (601 Thurm Blvd.) - Site Plan was approved. Currently under construction. • Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 condominium units in Phases I & 11. 240 condominium units in Phase I11. Total 404 condominium units at project build -out. Construction is ongoing. (187 units completed to date, 217 units remaining) • Rinker Materials Expansion — Proposed site revisions have been approved by staff. Permit issuance is pending receipt of contractor information. • Sea Shell Cay Office Building - (Lot 3, Sea Shell Drive) - No action this quarter. Note: this is the same property as the Sea Shell Cay North Townhomes. • Villagio Del Mar - (S.E. corner of Washington Ave. and Ridgewood Ave.) — Currently under construction. Recently completed projects: • Cape Office Building - (400 Imperial Blvd.) One C.O. issued. • Laws Townhomes — (109-111 Lincoln Ave.) — Two C.O.'s issued. • Puerto Del Rio — (8933 Laguna Ln.) Club House (One C.O. issued). • Single Family Residence (401 Harbor Dr.) One C.O. issued. 10/8/07 Building Department Quarterly Report July - September 2007 pg. 4 • Villa Campagnia (204 Holman Rd.) (previously known as Kalidas Townhomes and Venable Townhomes) — Five unit condominium (One C.O. issued). • Villa Cielo (8019, 8023, 8027 & 8031 Magnolia Ave.) (formerly known as Corriveau Townhomes) — Four townhouse units (Four C.O.'s issued). Permitting Statistics: (192) Permits were issued with a total construction valuation of $1,434,645.93. Total valuation of construction for calendar year: $8,499,248.72. The department assessed $23,340.57 in permitting fees and $16,574.67 in sewer impact fees; for a total of $39,915.24. (198) Permits were finaled. (9) Residential Certificates of Occupancy were issued for 13 residential units. (1) Residential/Assembly Certificate of Occupancy was issued — (8933 Laguna Ln.) for a Club House. (1) Commercial Certificate of Occupancy was issued — (400 Imperial Blvd.) (440) Inspections were performed. $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Construction Valuation Annually (2007 includes through this quarter) 0 01 0 0 00 O, Off' O-? O*` 0 sp 5g, 10/8/07 Building Department Quarterly Report July - September 2007 pg. 5 Code Enforcement Board: The Code Enforcement Board held two meetings. Twelve cases were presented. (Nine public hearings; and three compliance hearings.) Community Appearance Board: The Community Appearance Board held four meetings and reviewed (10) requests; (10) items were approved, (0) items were denied. Planning & Zoning Board: The Planning & Zoning Board held (4) meetings. The Board recommended: (0) site plans, (0) special exceptions, (0) change of use; (0) special exception time extension requests; (1) preliminary replats, (2) final replats; (1) easement vacation; (1) ordinance. The Board members attended numerous City Council joint workshops. Local Planning Agency: The Local Planning Agency did not hold any meetings this quarter. Zoning Board of Adjustment: The Zoning Board of Adjustment held (1) meeting. Construction Board of Appeals: The Construction Board of Appeals did not hold any meetings this quarter. w WASTE MANAGEMENT, INC. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave, Cape Canaveral, Florida 32920 Oct. 08, 2007 Re: Third Quarter 2007 Report Dear Mr. Boucher: Waste Management provided a total of 52 garbage collections (including Ocean Woods and the bulk pick up), 13 green waste and 13 recycle collections to the single-family residents. This equates to approximately 142,896 collections. In addition, service was provided to approximately 6863 multi -family units, 111 commercial can customers, 188 commercial customers and 5 permanent roll off accounts. A total of 32 documented concerns were received by the City during this time period and the breakdown is as follows: 6 garbage/bulk complaints, 4 recycle complaint, 5 green waste, 4 general /dumpster complaints, and 4 cart deliveries. If you have any questions or need further information, please feel free to contact me. Sincerely, James Tuggle Operations Manager Waste Management -Cocoa Hauling