HomeMy WebLinkAboutPacket 03-20-2007 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
PRESENTATIONS:
ty of Cape Canaveral
1L REGULAR MEETING
HALL ANNEX
e, Cape Canaveral, Florida
TUESDAY
tech 20, 2007
7:00 PM
AGENDA
Marguerita Engel of the St. John's River Water Management District to Present a
Grant Check to the City in the Amount of $115,000.
Presentation to Council Member Shannon Roberts
Institute of Elected Municipal Officials - Certificate of Completion
CONSENT AGENDA:
City Council Regular Meeting Minutes of March 6, 2007.
2. Resolution No. 2007-06; Appointing an Alternate Member of the Business
and Cultural Development Board, Lt. Hugh Evans.
3. Outdoor Entertainment Permit for the American Legion Picnic; Joe Locicero,
Applicant.
4. Proclamation Recognizing the Month of April as National Fair Housing
Month.
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, Florida
City Council Regular Meeting
March 20, 2007
Page 2
CONSIDERATIONS:
5. Motion to Approve: Request for Reduction of Lien — Per City Code Section
2-260(e) for Pravin & Jyostna Patel, 8050 N. Atlantic Avenue.
6. Motion to Approve: Change Order Number (1) for the Public Works
Maintenance Building in the Amount of $27,929.
7. Motion to Approve: Perlas Del Mar Easement Vacation.
RESOLUTIONS:
8. Motion to Adopt: Resolution No. 2007-08; Approving the Preliminary Replat
of Beach Breeze Townhomes.
9. Motion to Adopt: Resolution No. 2007-09; Supporting Florida House Bill 57
and Florida Senate Bill 444, the Clean Ocean Act.
10. Motion to Adopt: Resolution No. 2007-10; Endorsing the Acquisition and
Protection of the Carver Cove Property as a RiverFront Park and Community
Center.
11. Motion to Adopt: Resolution No. 2007-11; Approving the Preliminary Replat
of Caribbean Vistas Townhomes.
DISCUSSION:
12. Purchase of a Fiberglass Manatee for Our Sister City of Vila Do Bispo,
Portugal.
13. Resort Dwelling Units.
14. Administrative Appeals related to the Zoning Code of Ordinances.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the
"Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items
and act upon them in the future.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 20, 2007
Page 3
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to
appeal any decision made by the City Council with respect to any matter considered at this meeting, that person
will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is
to be based. This notice does not constitute consent by the City for the introduction or admission into evidence
of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise
allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should
contact the City Clerk's office (868-1221) 48 hours in advance of the meeting.
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Presentation
Item
See attached information.
No.
Stormwater Administrator's memo dated 03-07-07
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: PRESENTATION: MARGUERITA ENGEL WITH THE ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT WILL PRESENT A GRANT CHECK IN THE AMOUNT
OF $115,000 TO THE CITY
DEPT/DIVISION: PUBLIC WORKS/STORMWATER
Requested Action:
City Council will be presented with a $115,000 ceremonial check for the Central Ditch Stormwater Project by
Marguerita Engel of the St. Johns River Water Management District.
Summary Explanation & Background:
See attached information.
Exhibits Attached:
Stormwater Administrator's memo dated 03-07-07
19
City Manager' e
Department PUBLIC WORKS/STORMWATER
cape-nt\kim\mydocuments\admin\council\meeting\2007\03-20-07\SJRWMD.doc
Memo
To: Bennett Boucher, City Manager
Through: Ed Gardulski, Public Works Director
From: Jeff Ratliff, Stormwater Administrator
Date: March 7, 2007
Re: Agenda item for March 20, 2007
Stormwater Management Cost Sharing Agreement with the St.
Johns River Water Management District
The City of Cape Canaveral (City) applied for Stormwater Management Project Cost -
Sharing Funding from the St. Johns River Water Management District (SJRWMD) in
June 2006 to fund stormwater improvements to the southern portion of the Central
Ditch. This portion of the Central Ditch includes from West Central Boulevard south
to State Road A1A. The project application was approved by the SJRWMD in late -
2006 for funding in the amount of $115,000. The City Council approved the City
entering into a contract with the SJRWMD on February 6, 2007.
These funds will be used in conjunction with a Section 319 Stormwater Grant from
the Florida Department of Environmental Protection (FDEP) in the amount of
$286,000. Funds provided by the City include $94,000 - from the City's Stormwater
Fund. The total project budget is $495,000 - the project is scheduled for completion in
FY2007-2008.
Marguerita Engel from the SJRWMD will be in attendance to present a ceremonial
check to the City in the amount of $115,000.
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Budget Summary
Phase II - Central Ditch Stormwater Improvement Project
Total: $286,000 $115,000 1 $94,000 $380,000
Total Project Cost: $495,000
Percentage Match: 1 0.58 0.23 1 0.19 0.77
Deliverables:
1). Land survey of the project area.
2). Engineering design and construction specifications.
3). Bid documentation and signed contract with selected contractor.
4). Acceptance documentation of the stormwater improvements as constructed.
5). Quarterly reports to the SJRWMD (including laboratory analytical results from the Water Quality
Monitoring Program), and draft and final project reports with budget summaries.
6). Documentation of press releases and educational signage at project completion.
7). Photographs of the construction activities.
Total Matching
Project Task
FDEP $$
SJRWMD $$
City $$
(Other than
SJRWMD
Pre -Construction Activities
Grant Award and Land
Survey
$0
$0
$12,000
$12,000
Engineering Design/QAPP
$0
$0
$16,000
$16,000
Prepare/Award Bid
$0
$0
$8,000
$8,000
Construction Activities
Construction
$286,000
$115,000
$12,000
$298,000
Post -Grant Activities
Post -Grant Project
Administration
$0
$0
$8,000
$8,000
Water Quality Monitoring
$0
$0
$30,000
$30,000
Program
Implement Education
Component
$0
$0
$8,000
$8,000
Total: $286,000 $115,000 1 $94,000 $380,000
Total Project Cost: $495,000
Percentage Match: 1 0.58 0.23 1 0.19 0.77
Deliverables:
1). Land survey of the project area.
2). Engineering design and construction specifications.
3). Bid documentation and signed contract with selected contractor.
4). Acceptance documentation of the stormwater improvements as constructed.
5). Quarterly reports to the SJRWMD (including laboratory analytical results from the Water Quality
Monitoring Program), and draft and final project reports with budget summaries.
6). Documentation of press releases and educational signage at project completion.
7). Photographs of the construction activities.
THE JOHN SCOTT DMLEY
FLORIDA INSTITUTE
OF GOVERNMENT
AT FLORIDA STATE UNIVERSITY
February 16, 2007
C. Shannon Roberts, Councilmember
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Dear Councilmember Roberts:
On behalf of the John Scott Dailey Florida Institute of Government and the
Florida League of Cities, I am pleased to award this certificate to you for the
completion of eighteen hours of instruction at the Institute for Elected Municipal
Officials in Gainesville, Florida on January 19-21, 2007.
It is our sincere hope that you found the program challenging, informative, and
rewarding. Now that you have taken the basic IEMO, we encourage you to
attend the Advanced Institute as well as other League and Institute of
Government programs.
We strongly believe that your willingness to complete this program of study is
indicative of your commitment to improving the quality of municipal government
in Florida. We commend you for this and sincerely thank you.
With Warm Regards,
Jeff Hendry
Executive Director
325 John Knox Road, Building 300 • Tallahassee, FL 32303
Telephone: (850) 487-1870 9 Fax: (850) 487-0041 • http://iog.fsu.edu • e-mail: fig@mailer.fsu.edu
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
March 6, 2007
7:00 PM
MINUTES
CALL TO ORDER: The Chair called the meeting to order at 7:02 P.M.
ROLL CALL:
Council Members Present:
Mayor Pro Tem
Council Member
Council Member
Mayor
Council Member
Others Present:
City Manager
City Attorney
City Clerk
Building Official
Public Works Director
Stormwater Administrator
BOARD MEMBER INTERVIEW:
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
Shannon Roberts
Bennett Boucher
Anthony Garganese
Susan Stills
Todd Morley
Ed Gardulski
Jeff Ratliff
Interview for an Alternate Position on the Business and Cultural Development Board —
Lieutenant Hugh Evans.
Mayor Randels called on Lieutenant Hugh Evans of 411 Jackson Avenue for questions
related to his application. Mayor Randels made note that Lt. Evans was invited to
participate with the recent Business and Cultural Development Board meeting until 10:00
P.M. Lt. Evans affirmed for the City Attorney that all of the information on his application
was true and correct to the best of his ability. Lt. Evans related how he met Mayor
Randels by way of telephone as Mayor Randels listened to his concerns. Mayor Randels
subsequently encouraged him to become more involved in the community. After some
months, Lt. Evans considered the Mayor's suggestion and viewed the City web site to
learn how to apply for a volunteer board.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 2 of 18
Ms. Roberts asked Lt. Evans what it was about the Business and Cultural Development
Board that interested him and what did he hope to offer the City in this capacity. Lt. Evans
replied that the web site and the application provided a complete Board listing and he
chose the Business and Development Board since the Board appeared to have an impact
in the community. Lt. Evans stated that he brings to the table the fact that he has lived all
around the world and could bring a diversity of possible concepts to the planning process.
Council Members welcomed Lt. Evans participation on the Board. Mayor Randels stated
that he was impressed with Lt. Evans and related on his practical experience coming from
the military and his use of problem solving Lt. Evans's suggested that the Board present
three items for the Council's review which proved beneficial during their meeting. Lt.
Evans thanked the Council for the interview and expressed his hope to be a productive
member of the Board. Mayor Randels stated that a Resolution to appoint Lt. Evans to the
Board would appear on the next City Council Meeting Agenda. Mr. Petsos also thanked
the Board Chairperson, John Anderson, for his presence in the audience in support of the
Board's newest member.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of February 20, 2007.
2. Outdoor Entertainment Permit for the Manatee Sanctuary Park Arts Festival.
3. Amending the Outdoor Entertainment Permit for Ladies Night Sponsored by
Fairvilla MegaStore.
Mayor Randels at this time reminded the Council to speak audibly into the microphones
in order to be heard during the Meeting Minutes transcription.
Mayor Randels referred to the single sheet amendment with corrections that the Council
received. He pointed out that there were two corrections to Discussion Item No. 10
from the previous meeting related to the Fire Department purchase. Mayor Randels
stated for clarification," that the Volunteer Fire Department owned both the land and the
building." He also stated for clarification purposes that there would be two separate
appraisals performed, "one for the entire complex and the land and one for the land
only." Mayor Randels informed that Chief Dave Sargeant requested the corrections and
was in agreement with the amended language.
Ms. Roberts stated that she also had a few points in Item No. 1 and would also like to
discuss Item No. 3.
Ms. Roberts pointed out in the February 2e Meeting Minutes, Item No. 1, on Page 5
under the discussion related to the City's Arborist. She asked if the Council concluded
that the City Arborist would comment on the diseased trees. Council members agreed
that that was the intent of the discussion. Ms. Roberts stated that the language was not
clear on the intent to hear from the Arborist. She clarified that in the meeting minutes
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 3 of 18
the discussion concluded with the Council's agreement which stated that they "could"
hear from the Arborist, not that they "should." Mayor Randels made note of the
correction to strike the word could and insert that word should. Mr. Petsos agreed that
the Council would either hear from the Arborist or be informed of his input since the item
was on this evening's Agenda.
Ms. Roberts pointed out, in order to make a clarification for the community, on Page 7,
under the City Manager's report, bullet number 5, Mr. Boucher's reply that reads, "that
the building was considered for Law Enforcement." Ms. Roberts expressed that the
language as read did not clarify the point that during the discussion it was stated that
the building was not considered for the Fire Department due to its lack of a turning
radius for the fire trucks. Mayor Randels made note of the correction. Mr. Boucher
added that Chief Sargeant did not desire to move the Fire Department due to the ISO
rating.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve Consent
Agenda Items No. 1 and 2, with corrections. The vote on the motion carried 5-0 with
voting as follows: Mayor Pro Tem Hoog, Fa; Mr. Nicholas, For, Mr. Petsos, For, Mayor
Randels, For and Ms. Roberts, For.
Ms. Roberts re -stated her request to discuss Item No. 3. Mr. Nicholas agreed that he
too wanted to discuss Item 3 from the Consent Agenda.
3. Amending the Outdoor Entertainment Permit for Ladies Night Sponsored
by Fairvilla MegaStore.
Mayor Randels explained that the City's permit for Outdoor Entertainment did not
request information on alcoholic beverage service. He informed that all proceeds from
alcoholic beverages served at the Fairvilla event would go to the Brevard Humane
Society. Mr. Garrett Lind, Events Coordinator for the Fairvilla Megastore stated that the
sale of alcoholic beverages was not purposefully omitted, but that the City application
did not request it. Mr. Lind affirmed that the proceeds would go to the Brevard Humane
Society.
Ms. Roberts asked the question for the Council to consider as a discussion item if there
might be a desire to obtain clarification on the application as to what type of beverages
would be served if an application should be presented in the future. Mr. Nicholas asked
Mr. Lind if he were obtaining a one -day liquor permit to which Mr. Lind replied that when
the Zoning Department received the application for the permit, at that time the question
was raised about the initial application. Mr. Nicholas asked if there would be music. Mr.
Lind affirmed that music was anticipated and also that the fact that there was a show
made it an outdoor event. Mr. Lind informed that the show would begin at
approximately 9:00 P.M. and conclude at 10:00 P.M. which was in compliance with the
City's noise ordinance. Mr. Nicholas raised the concern of the noise level for the
adjacent Treasure Island Condominium residents. Mr. Lind informed that the speakers
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 4 of 18
would project toward the Fairvilla building as well as toward its back deck. Mayor
Randels thanked Mr. Lind for his attempt to come into compliance and for donating the
proceeds to a local non-profit organization.
A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve
Item No. 2 as Amended. The vote on the motion carried 5-0 with voting as follows:
Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For; Mayor Randels, For and
Ms. Roberts, For.
CONSIDERATIONS:
4. Motion to Approve: Cooperative Purchase of Paving Services to APAC-
Southeast, Inc. in the Amount of $1,145,195.98.
Mayor Randels noted that the City had set aside $200,000 each year for this upcoming
project. Jeff Ratliff, Stormwater Administrator, explained that Public Works was tasked
with obtaining three bids for the Presidential streets and the Canaveral Beach area all of
which were east of State Road Al with no paving to the west of it. Mr. Ratliff
explained that the scope of work was listed in the Council's Agenda Packet and
included: mobilization and MOT charges, the milling and re -paving with one and one
quarter inches of new pavement, and all of the striping and replacement of striping, also
adjustment and repair of approximately 75 manholes.
Mr. Ratliff, Stormwater Administrator, stated that APAC-Southeast was the lowest bid at
$1.145 million and he was seeking approval from the Council to enter into a contract
with APAC. Mayor Randels read that the other two bidders were: Community Asphalt at
a cost of $1.415 million and VA Paving at a cost of $1.372 million. Mayor Randels
informed that the City jointly used the County's cooperative purchase for road
maintenance for the bid. Mayor Randels clarified that the bid did not include Ridgewood
Avenue, which was another project, or East Central Blvd., which appeared in good
condition.
Mayor Randels informed that the project did not include the private streets such as
Cherie Down Lane or Lindsey Court. He also informed that the project did not include
the five streets west of State Road Al A: Columbia Drive, Holman Road [the part owned
by the City], International Drive, Banana River Drive and Central Blvd. from Zachary's to
the west. Mayor Randels requested to know that if there were any remaining funds
would the Council consider paving the streets west of State Road AIA. Mr. Nicholas
stated that if any funds remained he desired to see re -paving of the North Atlantic area.
Mayor Pro Tem Hoog agreed with Mr. Nicholas and he also questioned the force main
replacement repair planned for Washington Avenue. Mr. Gardulski replied that he
anticipated completing the force main project as well as the drainage project at Orange
and Buchanan Avenues prior to the re -paving project.
Mr. Nicholas pointed out that Washington Avenue and Magnolia Avenue were also in
need of repair and he asked if the streets where the crowns were depressed would be
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 5 of 18
re -crowned. Mr. Gardulski affirmed that the streets would be re -crowned. Mayor Pro
Tem Hoog emphasized that he did not desire to see the streets repaved until the utilities
work was completed. Mayor Randels requested to have those streets removed from
the re -paving project until the utilities projects were completed.
Mayor Randels referred to a letter from Mr. Craig Stewart who owns four lots on Oak
Lane whereby he questioned if the City would also pave Oak Lane. Mr. Gardulski
replied that he anticipated using the millings from the re -paving project on Oak Lane
and the parking areas of the Manatee and Banana River Parks. Mr. Gardulski affirmed
to Mayor Pro Tem Hoog that the advertisement for the Force Main project was
published. Mr. Boucher informed that the County Commission rejected the bid for the
junction box at Buchanan and Orange Avenues and they would be re -bid; therefore, the
Council should expect a few months delay on repaving of those streets. Mr. Petsos
asked if Mr. Gardulski anticipated additional cost for the mobilization and he requested
to know the cost upfront. Mr. Gardulski affirmed the anticipated costs and replied that
he would obtain a schedule. Mr. Boucher concluded that Washington, Buchanan and
Orange Avenues would be removed from the re -paving list until the utilities were
repaired.
Mayor Randels pointed out that Presidential Court sloped in the wrong direction and
created a flooding problem for those residents. Mr. Gardulski affirmed that he was
aware of the problem. Mr. Petsos asked if the traffic "loops," those that trip the traffic
signals, were incorporated since he did not see them in the project. Mr. Ratliff stated
that the traffic loops were not included in the cost. Mr. Boucher informed that the
Brevard County Traffic Signal Division would address the loops. Mr. Ratliff reminded
that the intent was to go to an electronic eye and to eliminate the loops.
Mr. Ratliff returned to the discussion on the road crowning and stated that Washington,
Magnolia and Jefferson Avenues were the worst three roads and correcting the
crowning on these roads was included in the project; however, the traffic loops were
not. Mr. Nicholas asked if the crowns were depressed due to possible collapse of the
sewer lines underneath them. Mr. Ratliff replied that further investigation was probably
needed although there were not sewer lines under most of the re -paving project. He
said that settling had occurred, therefore, it might be a combination of both. Mayor
Randels reviewed the following points: 1) that some of the anticipated core samplings
revealed that some places that were considered a higher height were in fact lower,
2) there were 75 proposed adjustments to man hole covers, and 3) the project would
begin within the next three to fourth months.
Mr. Petsos asked if the contract that APAC has with Brevard County would continue
until September 2007. Ms. Roberts expressed in caution that the impending hurricane
season might preclude waiting too long. Mr. Ratliff informed that APAC preferred not to
pave in the summer months. Mayor Randels pointed out that maybe APAC would
perform most of the paving at this time in order not to charge for equipment re -
mobilization. Ms. Roberts stated three questions. First, she asked if the City was
aware of other work by APAC. Mr. Ratliff replied that they completed the recent Center
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 6 of 18
Street project and the previous Harbor Heights re -paving. Second, Ms. Roberts asked if
any of the projects include additional parking spaces near the beach access areas for
the community. Mr. Ratliff replied no, this project would just replace what exists. And
third, Ms. Roberts asked how the City planned to notify the community especially those
streets that were impacted by re -paving. Mr. Ratliff replied that the City would post
notice on its web site and in the newspaper. Mr. Boucher added that the City would
also distribute handbills as the paving occurred on the streets. Mr. Ratliff replied to Ms.
Roberts that residents should be able to use the roads almost immediately after the
work is completed. Mr. Ratliff stated that he favored APAC in that they provided the
core samplings on their own time and without charge.
Mr. John Gedney asked if there was a best and final offer requested from all bidders.
He explained the Best and Final Offer process in that all Bidders, whether high or low,
were asked to reply with their BAFO (Best and Final Offer). Mayor Randels pointed out
that offers would be made on the bids after they were opened. Mr. Nicholas informed
that in government once the bids were open, the information becomes public record.
Ms. Roberts asked if it were appropriate to amend the motion to add the suggestion that
the remaining funds would target North Atlantic Avenue for re -paving. Council agreed
to complete the project at hand first. Mr. Donald Dunn, member of the Planning and
Zoning Board, explained the Best and Final Offer in that it is the result of technical
projects wherein if there were changes, negotiations ensued to obtain a best and final
offer.
A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the
Cooperative Purchase of Paving Services to APAC-Southeast, Inc. in the Amount of
$1,145,196.98. 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.
5. Motion to Approve: Proposal from Brown & CakWell to Conduct Florida
Department of Environmental Protection Compliance Assistance in the Amount
of $37,125.
Ed Gardulski, Public Works Director, explained how the Florida Department of
Environmental Protection [DEP] required more stringent testing regulations for certain
elements present in effluent that flowed to the Banana River. He stated that this testing
brought the plant closer to drinking water standards. Mayor Randels explained for the
audience that a new mandate from the DEP included more stringent testing for: zinc,
silver, mercury and dicholorobromethane. Mayor Randels clarified that the City has up
to two years to come into compliance. Ms. Roberts asked if funds were budgeted for
this testing. She also inquired if the City forecasted any subsequent testing. Mr.
Gardulski replied that he was unaware of the anticipated testing until the City received
its permit.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 7 of 18
Mr. Nicholas asked if these elements were tested for in the discharge in prior years. Mr.
Gardulski replied no. Mr. Nicholas also asked if the sludge was tested for these
contaminates. Mr. Boucher affirmed that the sludge was tested; however, the testing
was not required for the effluent. Mr. Gardulski replied to Mayor Randels that the
testing was done off-site. He replied to Mr. Nicholas that testing would be performed
monthly, or weekly, or until the contaminants were identified. Mayor Randels affirmed
that the Permit defined the required tasks and in what weeks they were to be performed
and the compliance section was clear in that the City had 24 months to come into
compliance. He clarified that this report would be inclusive of Steps I through III within
the first reporting period. Mr. Gardulski stated that the first reporting period would
conclude at the end of the Fiscal Year and he would return with the reporting results
and to clarify his direction.
Ms. Roberts asked if the City competitively bid this proposal or were Brown and
Caldwell the ongoing company. Mayor Randels explained how not all projects were
subject to the Consultants Competitive Negotiations Act. This bid process required
negotiations to begin with the selected bidder and if no agreement was reached the
negotiations would proceed to the next bidder. Mayor Randels noted that the City's civil
engineers were incapable of handling this project. Mr. Gardulski stated that he sought
an Environmental engineer for the project. Mr. Boucher informed that the DEP also
required different testing methods from other municipalities as part of their permitting
process. Mayor Randels raised the questions of the source of the problem, how it could
be found, and also if it were possible that some of the elements were being emitted from
the plant. Mr. Boucher replied that contaminates would be deduced by process of
elimination.
Mayor Randels concluded that the funding for the project would come from the
Contingency Fund. Ms. Roberts mentioned to anticipate upfront in future years as an
opportunity to plan forward. Mayor Randels clarified that the expense was not planned.
Ms. Roberts said that if the City anticipated some trends in the profession or the
standards, the City could be vigilant of those trends. Mr. Boucher explained that the
mercury standard was new and required rigorous quality control. The City then had to
find a lab to perform the test using the proper procedures according to the DEP
regulations. Mr. Boucher summarized that DEP cited the City for the newly required
testing standard because it had an active permit application under review at the time.
A motion was made by Mr. Gardulski and seconded by Mr. Nicholas to Approve the
Proposal from Brown & Caldwell! to Conduct Florida Department of Environmental
Protection Compliance Assistance in the Amount of $37,125 for Task 1, 11 and III with
One Progress Report The vote on the motion carried 5-0 with voting as folkxvs: Mayor
Pro Tem Hoog, For, Mr. Nicholas, For Mr. Petsos, For Mayor Randels, For and Ms.
Roberts, For.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 8 of 18
ORDINANCES: Second Public Hearin -q:
6. Motion to Adopt Ordinance No. 03-2007; Amending Chapter 102, Providing for a
Definition of "Diseased Tree," at Second Reading.
Mayor Randels read Ordinance No. 03-2007 by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 102, VEGETATION, OF THE
CAPE CANAVEREAL CODE OF ORDINANCES RELATED TO LAND CLEARING;
PROVIDING FOR A DEFINITION OF "DISEASED TREE"; PROVIDING FOR THE REPEAL
OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO
THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Randels stated that the language in the ordinance was amended that related to
structures. Mayor Randels read a portion of the definition of diseased tree which "means a
tree with a sustained or progressive impairment caused by tree disease which seriously
compromises the viability of the tree in that it is unlikely the tee will remain living and viable
for a period of more than three (3) years or the tree causes other imminent peril to viable
trees, existing structures or persons in the vicinity of a diseased tree."
Ms. Roberts pointed out that the intent in amending the language was to add both the
words existing and proposed structures. Ms. Roberts stated that she thought both words
were included to anticipate the future too. Mayor Pro Tem Hoog stated that the word
proposed referred to something that did not yet exist and if a tree were an imminent
danger it would be taken care of during the permitting process. He stated that the word
existing was acceptable; however, proposed would apply to any vacant property. Mayor
Randels explained how in adding the word proposed it would mean that any proposed
structure would result in the removal of the tree. Ms. Roberts agreed and thanked the
Mayor for the clarification.
Ms. Roberts stated that she thought the Council was going to ask Tim Davis the City's
Arborist to attend the meeting and comment on the ordinance. Mr. Boucher related that
Mr. Davis, City Arborist, conveyed to him that three years was a reasonable time. Mr.
Petsos pointed out that the Council was seeking to hear from the Arborist since three
years was the time spoken of during the previous meeting. Mr. Gardulski stated that the
point was having a licensed, professional Arborist to ascertain the tree's condition.
Mayor Pro Tem Hoog presented the supposition to the City Attorney on who was liable if
the Arborist recommended three years and the tree falls on someone within two years.
Attorney Garganese explained that the City was not placing the Arborists in any different
capacity than another other person who uses their professional judgment. Attorney
Garganese explained how the definition for a diseased tree was a criterion for the removal
of a tree. Another provision, however, in the City code that referred to imminent peril to
life, health, safety and welfare also required a tree's removal even if the tree had a longer
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 9 of 18
survival rate and he referred to the those trees that were removed in the Winter Park area
subsequent to Hurricane Charley.
There was no public comment.
A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Adopt Ordinance
No. 03-2007 at Second Reading. The vote on the motion carried
5-0 with voting as folows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For;
Mayor Randels, For and Ms. Roberts, For.
RESOLUTIONS:
7. Motion to Adopt Resolution No. 2007-07; Approving the Preliminary Replat of
Casa Esperanza Townhomes.
Mayor Randels stated that the completed Preliminary Replat for three units was
recommended to the City Council by the Planning and Zoning Board on February 14tH
A nation was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt
Resolution No. 2007-07 Approving the Preliminary Replat of Casa Esperanza
Townhornes. The vote on the nation carried 5-0 with voting as foNows: Mayor Pro Tem
Hoog, For Mr. Nicholas, For Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For.
DISCUSSION:
Le :lLnit LF7* * •,:-
Mayor Randels referenced the City Manager's package and noted that the existing City
Code included a Code Enforcement Citation Program in Section 2-280. Mayor Randels
pointed out that a recent Workshop with the Sheriffs Office revealed that there were some
rental properties that resulted in a high frequency of calls. One such property had over
160 calls in one year from the Sheriffs Department. There were two suggested methods
to utilize to abate such a chronic nuisance: 1) to expand the use of Code Enforcement
citations by way of civil citations, for example, those used for fireworks and unlicensed
contractors, and 2) the City of Sanford ordinance uses a civil penalties classification
program with designated violation categorized in Classes I through IV.
For example, a Class I citation of $50, was for yard waste not properly prepared and
placed at the curb; a Class II citation of $100, would be for stealing recyclable materials
from an approved container, a Class III citation, was given for discharge of any substance
or materials which were harmful to the sanitary sewer system; and Class IV for $300;
however, the Mayor did not have an example for this category. The Sanford ordinance
defined a chronic nuisance as a higher rate of occurrence that each time a City Police
Officer or a Code Enforcement Officer commenced and completed a response to an
identified unit of property for a classified list of violations.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 10 of 18
Mr. Boucher explained that there were some newspaper articles on Sanford's activity
which instituted the Sanford, Frequency of Use code which has dramatically cut back the
number of calls to high profile areas. Mr. Boucher stated that this might be a way to obtain
a property owners attention for allowing certain activity to occur on their property. He
stated that the civil citation required that you witness the violation. Mr. Boucher explained
further that when there was a property that was a continuous problem for the Sheriffs
Office or Code Enforcement, then the Council could develop a code that would fine the
property owner for allowing the activity to occur. He explained that since the code was a
General code it did not require the Planning and Zoning Board's review.
Mr. Boucher queried the type of civil citation infractions that the Council would seek staff to
develop. He expressed that the Building Department staff and the Sheriffs Department
would be comfortable issuing civil citations. As for the automatic nuisance ordinance, Mr.
Boucher recommended the Sanford ordinance. He stated that the Planning and Zoning
Board members at the workshop also favored the City of Sanford ordinance. Mr. Boucher
concluded that if there were certain neighborhoods in the City that have frequent calls for
service and a high ratio of activity and he emphasized there must be a way to get
someone's attention which was usually through the landlord.
Mayor Randels related on the success of the Alarm System violation. He informed that
after three calls a business was fined when the Alarm System requires the Police and Fire
service for false alarms. Mr. Boucher stated that the City code needed strengthening for
nuisance abatement. Mr. Boucher stated that he would like to hear feedback from the
Council. Mr. Petsos added that he would like to gain input from the Sheriffs Office since
they were the regulating authority required to write the tickets. A resident stated that the
City would need to develop an ordinance with more authority for regulation purposes.
Mayor Pro Tem Hoog queried if there was an issue with whether the problem was
witnessed. Mayor Randels replied that the regulation would be based on the call for
service. Mr. Boucher pointed out that the Sanford code provided a good explanation of
what constituted a call for service.
Ms. Roberts stated that one of the things that came up during the short term rentals
discussion, by the neighbors of the transient population, was that fact that the person
might not be available by the time City addressed enforcement. Mayor Randels related on
the difficulty of identifying who was responsible in a rental community; however, the on-site
manager or property owner was confronted with the problem. Ms. Roberts explained the
question of observation: saying that if a neighbor called to say that they observed
something, by the time the Sheriff's Office or Code Enforcement arrives the activity may
have ceased or the person might have left the scene.
Mayor Randels read the definition of an incident of service from the Sanford code as,
"each time one or more city police officer(s) or city code enforcement officer(s)
commences and completes a response to an identifiable unit of property as recorded by
the Seminole County Sheriff's Communication Center's computer aided dispatch system
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 11 of 18
or a written report of a police officer or code enforcement officer which sets forth the time
the officers were present upon the property." Mayor Randels concluded that each call was
counted per incident.
Mayor Randels provided an example and concluded that by the time violators reach the
Code Enforcement Board, the situation may have lost some validity. Mayor Randels
referred to a provision in the Sanford ordinance that related to nuisance activity that
exceeded three calls; however, the fourth call pertaining to that nuisance activity resulted
in a $250 service fee for the property owner. He concluded that this would cause people
to pay attention to the activity that interferes with their neighbors.
Ms. Roberts mentioned another factor since dogs and cats on the premises were
mentioned in the ordinance, and asked about peacocks. She raised the question if
Council cared about the nature of the animal. Mayor Randels responded that when the
City received any calls about a troublesome peacock, a trap was set and the peacock was
transferred to a new home. Ms. Roberts observed that in Harbor Heights there are a large
number of peacocks at some homes and she stated how some people love them and
others do not. She raised the question as an aspect of the ordinance in discussion.
Mr. Nicholas pointed out that the peacocks wandered and dwelled at various residences;
however, the peacocks could not be attached to any property or person.
Mr. Boucher emphasized that the ordinance was not part of a Land Development Code
and did not require the Planning and Zoning Board's review. Mr. Nicholas suggested
hearing from some of the other related City Boards to gain additional perspective. Mayor
Randels agreed and suggested giving the Boards a portion of the Draft ordinance for
review. He concluded that he favored notifying the Boards that Council was considering
the nuisance ordinance for problems and enforcement. Council members recommended
seeking input from the Code Enforcement Board, Business and Cultural Development
Board, and the Beautification Board.
Attorney Garganese pointed out that there were two ordinances for two different purposes.
The first ordinance was a Citation ordinance. The City currently has a Citation on the
books and the City can issue citations for fireworks violations. The issue was, if the
Council chose to refer the ordinance to some other Boards, were there any other Code
provisions that should be subject to civil citation and if so, what should be the
recommended penalty if a civil citation was issued. Attorney Garganese stated that that
would require general knowledge of the existing code and what other codes would be
subjected to civil citations. He stated that the Code Enforcement Board had the most
vested interests in that whatever was included in the civil citation route, could not go to the
Code Enforcement Board. Attorney Garganese stated that the Code Enforcement
Board's input was important, as well as that of the Code Officer and the Sheriff's
Department.
The second ordinance was a User Fee and that ordinance stated that if someone was a
chronic user of Police, Fire, and Code Enforcement services provided by the City, the City
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 12 of 18
would charge a User Fee. The User Fee was $250 for the fourth visit within a 30 -day
period and $500 for the fifth and any subsequent visits within a 30 -day time period.
Therefore, the issue for the Council to decide was whether or not the City should impose a
User Fee to get reimbursed for excessive use of those services. This ordinance was first a
financial issue and; second, in some respects it had an indirect impact on Code
Enforcement, but it was not a Code Enforcement ordinance. The impact was chronic use
related to Code Enforcement that would allow the City to recoup some of its costs above
and beyond the penalties imposed by a Code Enforcement Board or a court in civil
citations. For the City of Sanford, this allowed them to recoup some of their costs.
Attorney Garganese recalled the substantial debate prior to instituting the civil citation
procedure and how the Council ultimately decided to make only fireworks subject to civil
citations. Many other municipalities made any of its code provisions subject to alternative
remedies, Code Enforcement Board or civil citation, depending on the best judgment of
the Code Enforcement Officer or Law Enforcement Officer at the time of the violation.
Attorney Garganese stated that the Council could make the entire code subject to civil
citation and leave the application subject to the Code Enforcement or Law Enforcement
Officer or the Council could choose what code provisions would apply at its discretion.
Ms. Roberts stated her observation of how many times had the City issued any citations
for fireworks and asked if the City collected on them. Mayor Randels replied that there
was one instance in which someone was apprehended and sent to jail. Attorney
Garganese was aware of money collected on one civil citation for fireworks two years ago.
Ms. Roberts stated that the City tended to have a warning approach for fireworks.
Attorney Garganese replied that the City was required by Statute to give a warning. Ms.
Roberts suggested looking at period of six months to one year due to repetitive examples
that might not be intense but repetitive.
Mayor Randels read from Subsection B related to repeat violation, "a Code Enforcement
Officer shall provide a warning notice prior to issuing a citation; a warning notice shall at a
minimum provide the following: the date of issuance of the warning, specified time for
compliance, maximum amount of fine if not corrected, and a place for the signature of the
person receiving it. Then upon personal investigation, the Cale Enforcement Officer finds
the person has not corrected the violation within the time period, the Code Enforcement
Officer may issue a citation to the violator."
Ms. Roberts said that the Code Enforcement Officer speaks to the visitor and that may or
may not be the property owner; therefore, when the warning was given it was given to the
visitor. However, there was the weekly experience of visitors discharging fireworks and
them being warned with still no a correction to the problem. Mayor Randels stated that he
anticipated the property's owner's involvement. Ms. Roberts said that she anticipated
some enforcement authority and mentioned the nature of a transient situation as such that
a person present on a transient basis was at least warned if it did not reach the property
owner.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 13 of 18
Attorney Garganese informed that in the City of Sanford the User Fee was connected to
the property; therefore the property could be subjected to lien even if the violator was no
longer in the area. Mayor Randels related on a letter from a resident who experienced the
results of nuisance behavior and her subsequent inconvenience and stated that it was
time to address the problem. Ms. Roberts recommended considering a substantial fine for
the categories that the Council would decide on in the citation fee program. Attorney
Garganese clarified that the User Fee was based on costs for service. He informed that
the City of Cocoa was considering a User Fee on the At -Fault driver in which their
insurance company was pursued for costs related to its emergency service calls due to
increasing number of transient traffic related accidents. Mayor Randels called for a
consensus and summarized that the Councill desired to pursue the ordinances and to gain
input from the other related Boards.
Mr. Boucher expressed his agreement with the City Attorney to allow the Code
Enforcement Board to review the citation program. Todd Morley, Building Official,
explained that there were two types of Code Enforcement problems: street -level code
enforcement and also the Code Enforcement Board cases. He stated that the greatest
percentage of Code Enforcement work was performed on the street -level and those cases
did not reach the Code Enforcement Board. Mr. Boucher stated that those City costs
needed to be recouped for the street -level Code Enforcement as well. Ms. Roberts added
that in the sequence of things, she hoped that the Sign Ordinance would be resolved
before this ordinance since there were many issues there as well. Mr. Boucher concluded
that he would also obtain input from the Sheriff's Office.
REPORTS:
1. City Manager
• Mr. Boucher referred to the meeting calendar in order to schedule a meeting on the
Short Term Rental ordinance on Wednesday, March 14 at 5:00 P.M.
• Mr. Boucher also referred to the meeting calendar to schedule a meeting for the
Sign Code on Tuesday, March 20th at 5:30 P.M. prior to the regular City Council
Meeting and another meeting on the Sign Code on Monday, March 26 at 5:30 P.M.
Mr. Boucher suggested that the Recreation Board scheduled for that day and time
meet at the Manatee Sanctuary Park pavilion.
• Mr. Boucher informed that some of the residents in the northeast part of the City
complained about the odors from the Coastal Fuels property. He stated that he
inquired with the Florida Department of Envhwmental Protection the regulating
agency that monitors Coastal Fuels air permit. DEP monitored the facility on
January 19th, January 31st and March 5 permit.
found them in compliance with DEP's
permit.
Mr. Boucher related how in speaking with DEP staff that DEP reviewed the
technical parameters of whether or not Coastal Fuels was in compliance with the
issued permit. If Coastal Fuels was within the technical parameters with chemical
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 14 of 18
loading and the problem still exists, DEP staff related that the problem appeared to
be one of two issues: the asphalt burners and the type of asphalt in use. In about
three weeks Coastal Fuels will use another type of fuel that would generate less
odor, if that did not work they could add some scent to the fuel to make it more
fragrant. There is a small asphalt operation in Seminole County that does this in its
operation.
Mr. Boucher explained further that there was another issue when fuel was placed in
the tanks, the fumes, as the tank levels rise, were purged from the tanks and that
was another cause of the odors. Coastal Fuels informed the DEP that they would
attempt to rectify the situation. Mr. Boucher stated that after that point, if the odor
extends their property lines, then it was up to Code Enforcement's judgment to
establish if the issue constituted a nuisance. Mr. Boucher related that he personally
experienced the odors during the asphalt purging operation. He concluded that in
order for Code Enforcement to address a nuisance violation, they would have to
observe the odor extending the Coastal Fuels property line and they would have to
know the time of day that the odor constitutes a nuisance.
Mr. Boucher stated that a reasonable standard exists when an overpowering odor
extended beyond the Coastal Fuels property. Mr. Nicholas, returning to the
discussion on the odors, stated that DEP had standards and he asked if DEP had
any sensors or monitors that they could use to judge whether there standards were
met. He requested that the City Manager seek the use of DEP's instrumentation.
• Mr. Boucher reported that Brevard County was handling the bid to hire a contractor
for Coastal Fuels groundwater contamination dean up. Ms. Roberts asked who
was paying for the County contractor. Mr. Boucher replied that he believed a grant
would pay part of the funds, and a part paid by Coastal Fuels, and a clean up fund
would pay for the rest.
• Mr. Boucher reported that he received the 30 percent plans for the North Atlantic
midcde tum lane. The plan, that provided a report of the existing conditions, defined
a 60 -foot right-of-way and each travel lane was 16.5 feet in width. The anticipated
plan was to install four -inch raised concrete curbs and 6 -foot wide sidewalks on
either side that left little room for anything else. Mayor Randels pointed out the
anticipated plan would incur drainage. Mr. Boucher explained the design intent
from Kings Rental north to George King Blvd.
The middle tum lane design had 33 -feet of travel width from a total of 60 -feet.
Some alternatives for the middle tum lane design were: three, 11 foot lanes, one
north/ south and one in the middle, all at 11 feet, or two, 12 foot travel lanes and
one, 10 -foot center lane. However, Mayor Pro Tem Hoog questioned the extra
footage to which Mr. Boucher replied that this was the engineer's recommendation.
Mr. Boucher reported an estimated cost of $1.366 million. He stated that until a
permit was submitted to St. John's River Water Management District, the
discussion of drainage was uncertain. Mr. Boucher informed that the project was
on hold at 30 percent and he had a meeting on March 13th with the County to
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 15 of 18
discuss the impact fees and prepare for the intersection signalization project. Mr.
Boucher replied to Mayor Randels that the plan was to complete the intersection
project first.
Mr. Petsos referred to previous discussion on the middle turn lane project, to keep
the two lanes and perhaps even narrow it and install stop signs. He referenced a
letter that the City received from a woman who expressed the same concept. Mr.
Petsos expressed his view that the road was used as a thoroughfare to the Port.
He said that he would like to see the Council pursue the stop sign venue. Mr.
Petsos pointed out that the City was enhancing traffic flow to the Port rather then for
the citizens. A resident stated that if the stop signs were installed, the Council
could still implement the center tum lane. Mr. Petsos pointed out that with the
installed stop signs the traffic would be mitigated to the Port and there might be no
need for a middle turn lane.
Mr. Nicholas pointed out that there was traffic egress from the developments
adjacent to the road. He expressed that the center turn lane was vital to egress.
Ms. Roberts expressed how the City Manager hoped to obtain an architectural
rendition of what North Atlantic would look like at different scenarios. She also
related that Mr. Petsos had mentioned that the Council received input from citizens
on the two lane approach with emphasis on the pedestrian/ bicycle concept on
either side, and also the beautification of the street that would take place with the
two-lane versus the three -lane approach.
Ms. Roberts said that she anticipated hearing from the community on what they
proposed in the same manner that was done with the Ridgewood Avenue project.
Mr. Nicholas pointed out the ingress/ egress locations: Villages of Seaport, Oak
Park, and Solana that were very near each other. Ms. Roberts related on how
people use the Shorewood entrance/ exit as a traffic turnaround on North Atlantic
Avenue. Ms. Roberts asked if this would impact any of the County funds. Mr.
Boucher replied that the County funds were dedicated paving funds, so if the City
kept the two-lane road and resurfaced it, the funding was available. The
landscaping funds would come from the Beautification fund. However, if a middle
tum lane were installed with six-inch sidewalks on either side, then there was no
room for beautification.
Mr. Boucher concluded that he would speak with the County in order to obtain
some mock-ups on the results of a two-lane and three lane approach and report
back to the Council and proceed to a town meeting for input on the project. Council
directed the City Manager to put the project on hold in order to acquire sboryboards
for the project.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 16 of 18
2. Staff
Building Official
• Mr. Morley reported that the City received an Appeal from the Torpy Group on the
Building Official's decision on Coastal Fuels.
City Clerk
• No report.
City Attorney
No report.
AUDIENCE TO BE HEARD:
There was no public comment.
3. City Council
Council Member Shannon Roberts
• Ms. Roberts asked if there was any status report from the contractor on the
potential savings that the City might achieve in cooperating with Cocoa Beach on
the Ridgewood Avenue project. Mr. Boucher replied that he had to cancel his
meeting with the County due to a family emergency.
• Ms. Roberts mentioned to the Council that she received feedback from the
community on why Appeals did not come before the Council. She mentioned this
for consideration of a process change where an appeal of the decision by staff
would come to the Council such as the Coastal Fuels issue. Ms. Roberts
expressed the concern from the community that the elected officials should hear
the concern versus the Appeal proceeding to the Board of Adjustment. Ms. Roberts
raised the point to consider a process change in the future if the Council found it
appropriate or at least to discuss it.
• Ms. Roberts asked for the scheduled date for the V'ision ing Session which would
include a Master Calendar of events as part of a new process. Mr. Boucher replied
that planning was in progress.
• Mr. Roberts brought out that the meeting with Mr. Bifi Parsons, Kennedy Space
Center Director, was postponed due the launch scheduled for March 15th. Since
the launch was postponed until the end of April, she requested to reschedule this
courtesy meeting. Mr. Boucher replied that she could meet with him and choose a
date.
• Ms. Roberts asked if there were any feedback on the property purchase for the City
in terms of its options, such as the David Kabbord property. Mr. Boucher replied
that the Appraisal was in progress.
• Ms. Roberts asked if the appraisal on the Fire Departinent had begun. Mr. Boucher
replied that two Appraisal firms began work as of today.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 17 of 18
Ms. Roberts referred to earlier materials on additional pedestrian crosswalks on
State Road Al A. She related on the difficulty in how a pedestrian and a person
with a bicycle attempted to cross the road at two separate locations in the City
where there were no crosswalks. Ms. Roberts raised the questioned of sufficient
crosswalks. Mr. Boucher replied that the City requested the Brevard County
Metropolitan Planning Organization and the Florida Department of Transportation
every year to address this concem; however, the reply was that the crosswalks
were unwarranted.
• Ms. Roberts related that she observed a disabled person using a cane at one of the
City's bus stops and she wondered if the City could have any influence on acquiring
seating at the bus stops.
• Ms. Roberts pointed out that she did not see any advertisement in the Community
Celebration regarding input from the c:onvnunity on the Comprehensive Plan. She
expressed that this was an opportunity for advertising for it.
• Ms. Roberts referred to the Beautification Board's letter to the Council regarding the
purchase of a gift for Vila do Bispo. She expressed the thought to consider at a
future Council meeting what gift the City would send and perhaps if there was a
less costly altemative. Mr. Boucher replied that the memo that he provided was a
recommendation to ship the manatee. Ms. Roberts said that in their letter the
Board related that the Council could consider something along the Sun, Space and
Sea theme unless the Council preferred to send the manatee. Mr. Nicholas stated
that one of the altemative suggestions was perhaps a rendition of the City seal that
could be placed in the park in Portugal. Mayor Pro Tem Hoog reminded that Vila
do Bispo received a City seal during the Mayor's visit and Mr. Boucher affirmed that
it was placed in their Council Chambers. Ms. Roberts raised the question of the gift
for Council's discussion and to gain resolution. Mr. Nicholas requested that this be
placed on the Agenda.
• Ms. Roberts inquired on behalf of the residents of Solana on the River on the status
of the Center Street gazebo. Mr. Boucher replied that he believed the contractor
was in the permitting process and he would obtain the status and E-mail the
Council. Mr. Nicholas concluded that the orange mesh protective fencing around
the project might be an indication of slab pouring
Council Member Nicholas
• No report.
Council Member Petsos
• Mr. Petsos inquired about the soccerfield. Mr. Boucher replied that the irrigation
leak was repaired. He stated that he desired to get input from those using the field.
Mr. Petsos stated that his concern was the irrigation problem.
• Mr. Petsos asked if the City Manager had any report from the Port or Ron Jon's
about the Ron Jon resort. Mr. Boucher replied that he had no status report at this
time.
• Mr. Petsos asked if Mr. Gardulski or Mr. Ratliff planned to have a display about the
mangroves at the Conwnuruty Celebration. Mr. Boucher affirmed.
City of Cape Canaveral, Florida
City Council Regular Meeting
March 6, 2007
Page 18 of 18
Mayor Pro Tem Hoog
• No report.
Mayor Randels
• Mayor Randels informed that Mayor Pro Tem Hoog would throw out the first ball of
the season at the Little League Opening Day on Saturday, March 10tH
• Mayor Randels related on how he participated in an American Legion ceremony
that recognized four chaplains who relinquished their life preservers. In the story of
the SS Dorchester, four represented faiths went down with the ship that was
torpedoed and each one of the faiths was acknowledged during the ceremony in a
moving tribute.
• Mayor Randels acknowledged a thank you from the League of Women Voters to
the City for their support in buying 500 of the new Legislative Contact pamphlets.
• Mayor Randels referred to an advertisement for a four-bedroom, three -bathroom
residence in the City that was selling in light of the City's intent to phase out the
weeldy rentals.
• Mayor Randels recognized that he heard from Howard Marlowe of the American
Shores and Beach Preservation informing that there was $250,000 in the
President's budget at the national level for the Brevard County mid -reach Florida.
• Mayor Randels reported that he and the City Manager attended a Redevelopment
Conference in Orlando at which the Florida Lt. Governor was a speaker. The
conference provided information for municipal redevelopment plans.
• Mayor Randels referred to the letter that the Council received from a resident that
related to slowing down traffic on North Atlantic Avenue.
• Mayor Randels explained in order to address a previous question from Ms. Roberts
that each City put together their local priorities and Brevard County took their
concerns to the Florida League of Cities as combined priorities.
• Mayor Randels referred to a marketing video that the City put together some years
ago and had discussed renewal in March 2002; however, the item was tabled.
Mayor Randels said that this might be something for future discussion.
ADJOURNMENT:
There being no further business the meeting adjourned at 9:40 P.M.
Rocky Randels, MAYOR
Susan Stills, CMC, CITY CLERK
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Consent
Item
2
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-06, APPOINTING AN ALTERNATE MEMBER TO THE
BUSINESS & CULTURAL DEVELOPMENT BOARD
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2007-06 appointing Lt. Hugh Evans as an alternate
member of the Business & Cultural Development Board.
Summary Explanation & Background:
Term will expire on June 1, 2010.
I recommend approval.
Exhibits Attached:
Resolution No. 2007-06; Application
City Manage ' ce
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2007\03-20-07\2007-06.doc
RESOLUTION NO. 2007-06
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE BUSINESS AND
CULTURAL DEVELOPMENT 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 established by
Code Section 22-27, the Business and Cultural Development Board; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
appoint a Second 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. Lieutenant Hugh Evans is hereby appointed as an Alternate member of the
Business & Cultural Development Board of the City of Cape Canaveral, Florida, with a term to
expire on June 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 2e day
of March 2006.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Leo Nicholas
Susan Stills, CITY CLERK Buzz Petsos
Rocky Randels
Shannon Roberts
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
K:\CityClk\Resolutions\BOARDS\Appointments\2007\B&CD_Alternate Hughes.doc
City of Cape Canaveral
Memo
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Ed Lawson, Secretary, Business and Cultural Development Board
Date: 2/26/2007
Re: Request for Board Member Interviews
The Business and Cultural Development Board has interviewed Lieutenant Hugh Evans as the
prospective 2nd Alternate to the Business and Cultural Development Board. The board recommends
that City Council interview Lieutenant Evans and appoint him as an alternate member to the Business
and Cultural Development board at the March 6„2D07 City CaurrA {Meeting.
Respectfully,
Ed Lawson
Secretary, Business and Cultural Development Board
Attachments Board Application
1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326
Telephone (321) 868-1221 * Fax (321) 868-1248 * www.mvflorida.com/cape
D
G6EOM
nI FEB 2'31 2007
CITY OF CAPE CANAVERAL JU
APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OCOMMITTEE
Pursuant to Section 2.171, Cape Canaveral Code is -
City Code requires prospective and existing board members to fill out an application. City Code
also prohibits a person from serving on a City Board or Committee if that person has been
convicted of a felony, unless their civil rights have been restored.
Please complete the following in the space provided:
A. GENERAL LT) �se'd°s`s�
1. Applicant Name: 1 S va,4S
2. Home Address: '411 cm -Qh` City, State, Zi Ca
p Pc C4.�a�ctal �1 jZgZC
3. Home Telephone: 3 Z1 cv i 05-22
4. Occupation: N aFCc l d-Ffi'cc r
5. Business Telephone: 37-1 95-3 1 L5 l
6. Business Address: C -C A >: S 0a4,o.-rQ,Q PL 3 LR2a
B. ELIGIBILITY
The information provided in this section is for purposes of determining whether you are eligible
to serve on a City advisory board or committee.
1. Are you duly registered to vote in Brevard County? tY • (Y) ✓ (N)
2. Have you been a resident of the City of Cape
Canaveral for 12 months or longer? (Y) ✓ (N)
3a. Have you ever been convicted or found guilty, regardless
of adjudication, of a felony in any jurisdiction? Any plea
of nolo contendere (no contest) shall be considered a
conviction for purposes of .this question. (Y) (N) ✓
3b. If yes to 3a, have your civil rights been restored?
(Y) (N)
4a. Do you presently serve on any other City of Cape
Canaveral advisory board or committee? (y)(N)
4b. If yes to 4a, please list each:
1
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
appointed to a board or committee. Do you voluntarily initials
consent to having a standard background check
performed on you by the City of Cape Canaveral? (Y) ✓ (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:
J am wi j �i '�'0 Ca
a cs i'
2• Briefly state any prior experiences
..k m `, in servin 9 on an y governmental board or committee:
3. Please list any specialized skills and training (e.g.,
contractor, etc.) that you feel helpto qualify architect, engineer, general
committee: q Y You for membership on the desired board or
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•
Business and Cultural Development Board
d.
2
Code Enforcement Board'
e•
Community Appearance Board*
f.
Construction Board of Adjustment and Appeals*
9•
ct
Library Board
h
Planning and Zoning Board*
i.
Recreation Board
I•
Other:
*Members of these boards are required to complete and file with the Supervisor of Elections a
Financial Disclosure FOnrr upon appointment to said board and prior toJuly 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
Native American
Not Known
✓ Caucasian
DISABILITY
Not Known
Physically disabled
PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND
YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF TO
ACCURATE
THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL H
RIGHT TO RELY ON THAT INFORMATION. AS THE
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
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Consent
Item
3
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR AMERICAN LEGION
PICNIC
DEPT/DIVISION: ADMINISTRATION
Requested Action:
City Council consider approval of the Outdoor Entertainment Permit for the American Legion Picnic on
March 25, 2007. The Sheriff's Department has reviewed and approved their permit. The CCVFD has
reviewed and approved their permit with the following conditions (attached).
Summary Explanation & Background:
See attached application.
Exhibits Attached:
Application
City Manager's
Department ADMINISTRATION
cape-nt\kim\mydocuments\admin\council\meeting\2007\03-20-07\americaniegion.doc
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTALNiMENT PER -MIT
Permit No.___
S�
Date:
The applicant or representative agrees to be on site at all times empowered with authority over all
aspects of the event and empowered to act for the applicant.
4
Name of Applicant:
Firm._
Address:
C'. (--".
Telephone: 2:4/--
FAX:
Local Contact:
Title:
Local Address (if different from above)
Type of Event: �� ��� � � � �
Event Date(s) in Cape Canaveral:
Location(s): Date(s)
/Y
P4
Attach map(s) indicating event area and designated parking areas.
❑Traffic Control ❑Use of Police/Fire Rescue Equipment
CStreet Closing Vehicles/Equipment on Beach
,90ther E]Vehicle Parkin
on City Property
By signing this application, the applicant acknowledges and agrees to the following provisions:
I. INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the
outdoor entertainment event against any and all claims and demands made by any person for injuries
received in connection with the staging, promoting, conducting or attendance of or at the outdoor
entertainment event, written within limits of not less than 5;00,000.00 damage or injury to any one
person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than
$500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus
.550,000.00 for damages to property. The original or duplicate of such policy shall be attached to the
application for a special outdoor entertainment permit, together with ade u to evience that pre 'ums
Name of Insuranc
are paid.
e Co: �� d
- /
Policy No:
Expiration Date:
II. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation
purposes and other media related purposes.
III. EXPENSES/FEES
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual
rates and any other permit fees that may be applicable to the particular production as required by the City
of Cape Canaveral.
IV. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the
sections waived dealing with the health, safety and welfare of those in attendance, as well as the general
public, have been otherwise provided for as required by said code. List any exemptions you are seeking.
pplicant or Representative/Title
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Signature:
Date_
Applicants shall keep a copy of this approved permit and attachments on the day of the event w
City of Cape Canaveral. ithin the
For further information. please contact:
City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (321) 363-1230
Fax: (321) 363-1224
Handicap Parking o "aa
Parking concrete Fad
15x20' 4 + 1 1512Q01
Handicap << Concretj >>
Parking s ace
parking on
gravel 11
4 on concrete
d 1 Handicap << C »
•
o �w
This area to remain
No new co
nstruction
n` Sloraga Storage Storage
6I
r.r Ta1� �`to casin
U"—
Storage
t Dto tavotiao
f
Storage
Tai.:es to :amts
Mo nor rnmttuctim
i� Tata .esa to
Y t®II18
ib M+ WosexuCtlon
R
T Storage
10'x ff
Watkin l:ooler iEMwgBncy
O/fce ut&w
8' x 8" - -
Mfr_\I �■
" II
(I II
r+n
Ouldoar lghdng
for door
effmwgency door
10 CUI In r1E're
decal drawig
Property Line
®.......
i
Gravel \
\I� \
03/06/2007 10:23 FAX 9136527599
2001/002
ACORD,e, CERTIFICATE OF LIABILITY INSURANCEDATE
IMM/DO/YYYYI
03 0 200
PRODUCER
Lockton Risk Services
P.O. Box 410679
Kansas City MO 64141-0679
0-999-9944
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ATTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC#
INSURED American Legion Post #348
Challenger 7, Inc.
105 Lincoln Avenue
Caple Canaveral, FL 32920
INSURER A: Westport Insurance Corporation
INSURER B:
INSURER C:
INSURER 0•
INSURER E:
(1nV6Aie12LC
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTTYPE
DO'LPOLICY
OF INSURANCE
NUMBER
POLICY ENF`TIVE
TE YYL
POLICY EJLPIMTTON
LIMITS
A
GENERAL LIABILITY
WGLI14008022200
01/05/2007
01/05/2008
EACH OCCURRENCE 1
DA O RENTED
COMMERCIAL GENERAL LIABILITY
PREMISES Ea occurence 6
CLAIMSMADE �_Lj OCCUR
MED EXP Any one person) 8
X
PERSONAL & ADV INJURY f
GENERAL AGGREGATE f
GEWL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG f
POLICY F7 PRO LOC
AUTOMOBR.E
LIABILITY
ANYAUTO
COMBINED SINGLE LIMIT 6
ma accident)
BODILY INJURY
(Per person) f
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY 6
(Per eacidanU
HIRED AUTOS
NON -OWNED AUTOS
PROPERTY DAMAGE f
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT f
OTHER THAN EA ACC 6
ANYAUTO
AUTO ONLY: AGG f
EXCESSIUMBRELLA LIABILITY
EACH OCCURRENCE 6
OCCUR CLAIMSMADE
AGGREGATE f
6
6
DEDUCTIBLE
S
RETENTION f
WORKERS COMPENSATION AND
WC ST ,T O R
R
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNERIEXECUTIVE
E.L. EACH ACCIDENT f
E.L. DISEASE - EA EMPLOYEE f
OFFICER/MEMBER EXCLUDED?
I1 yes, describe under
SPECIAL PROVISIONS below
E.L. DISEASE -POLICY LIMIT f
OTHER
DESCRIPTION OF OPERATONHS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Certificate holder is listed as Additional Insured as respects to Picnic in Post Parking Lot
10 Lincoln Ave, on March 25, 20D7.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City Of Cape Canaveral DATE THEREOF, THE ISSUNIO INSURER WILL ENDEAVOR TO MAIL 1CL- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
P.O. BOX 326 IMPOSE NO OBLIGATION OR 7tTTY OF ANY KINDlOPM& THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
kl-
Cape Canaveral, FL 32920 AUTHORIZED REPRESENTAT
ACORD 25 (2001 /08) °P&ORD CO PORATION 1988
DS#5436221 93486
03/06/2007 10:23 FAX 9136527599
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
AI: U NU Zb (ZUU I IMS)
Z 002/002
PREMIUM FINANCING SPECIALISTS INC.
A MISSOURI CORPORATION HOME OFFICE, KANSAS CITY, MISSOURI
P O BOX 419090
KANSAS CITY, MO 64141-6090
PHONE: (800)255-6316 - FAX: (816)942-0475
NOTICE OF ACCEPTANCE AND OF ASSIGNMENT
REFER TO THIS
ACCOUNT NO. IN ALL
ACCOUNT NUMBER
CORRESPONDENCE
MOK-301058
DEAR CUSTOMER,
THANK YOU FOR THE OPPORTUNITY TO FINANCE YOUR INSURANCE. AS AGREED, WE HAVE PAID THE BALANCE
DUE ON YOUR BEHALF. A PAYMENT SCHEDULE IS SHOWN BELOW. IF PAYMENT COUPONS ARE NOT ENCLOSED.
YOU WILL BE BILLED FOR EACH INSTALLMENT. DETAILED PAYMENT INSTRUCTIONS ARE SHOWN BELOW.
1. YOUR PREMIUM FINANCE AGREEMENT HAS BEEN ASSIGNED TO PREMIUM FINANCING
SPECIALISTS, INC.
PAYMENT 2. TO ENSURE PROPER CREDIT TO YOUR ACCOUNT, WRITE YOUR ACCOUNT NUMBER ON
INSTRUCTIONS: YOUR CHECK AND RETURN THE PROPER COUPON WITH YOUR PAYMENT.
3. BE SURE YOUR PAYMENT IS MAILED IN TIME TO REACH OUR OFFICE BY YOUR DUE DATE.
4. MAIL YOUR PAYMENT TO THE ADDRESS ON THE COUPON.
5. IF YOU HAVE NOT RECEIVED YOUR PREMIUM FINANCE AGREEMENT NOTIFY US
IMMEDIATELY.
INSURED AGENT
AMERICAN LEGION POST #348 LOCKTON RISK SERVICES
CHALLENGER 7, INC. P 0 BOX BOX 410679
105 LINCOLN AVENUE KANSAS CITY, MO 64141
CAPE CANAVERAL, FL 32920-3218
007621
111'111 III�II'IIIIII��'IIIIII'lll'1'111I I111'II'llllll'IIII'II
TOTAL PREMIUMS
$ 6,130.06
DOWN PAYMENT
$ 1,226.01
AMOUNT FINANCED
$ 4,904.05
FINANCE CHARGE
$ 305.39
ASSESSMENTS
$ 0.00
TOTAL PAYMENTS
$ 5,209.44
NUMBER OF PAYMENTS
8
PAYMENT AMOUNT
$ 651.18
ANNUAL % RATE
16.350
ACCEPTANCE DATE
01/19/07
WE HAVE PAID THE BALANCE OF YOUR PREMIUM BELIEVING THE
PREMIUM FINANCE AGREEMENT TO BE GENUINE AND IN FULL
EFFECT AND THE SIGNATURE THEREON AUTHORIZED BY THE
INSURED. IF FOR ANY REASON THIS IS NOT TRUE, NOTIFY US
IMMEDIATELY AT THE ADDRESS OR TELEPHONE NUMBER AS
SHOWN ABOVE.
Go to www.premiumfinance.com to review your account and make online oavments. -1
SCHEDULE OF POLICIES
J4NlQ NLMBER
SCHEf?UI:E.OFPAYMENTS
THRN SMtTT FRpBdl10ER T�Q�CE3P�Y
NOTICEViFRSSENT
.. .:
PYMT NO.
DUE DATE AMOUNT
1
02/05/07.,,x;!-
$ 651.18
2
03/05/07
$ 651.18
3
04/05/07
$ 651.18
4
05/05/07
$ 651.18
5
06/05/07
$ 651.18
6
07/05/07
$ 651.18
7
08/05/07
$ 651.18
8
09/05/07
$ 651.18
Go to www.premiumfinance.com to review your account and make online oavments. -1
SCHEDULE OF POLICIES
J4NlQ NLMBER
BFflATE
THRN SMtTT FRpBdl10ER T�Q�CE3P�Y
NOTICEViFRSSENT
.. .:
MAA
-.
COVERED
F1h1A
NA2007LK0293486
01/05/07
LLOYDS OF LONDON
PRPRTY
12
$ 2,623.06
WCL0001292-05
01/05/07
EMPLOYERS REINSURANCE CORPORATION
WC
12
$ 2,026.00
WGL114008022200
01/05/07
WESTPORT INSURANCE CORP
GL
12
$ 1,481.00
111111111111 inn 11111 fill fill 1111
Page 1 of 1
Kim McIntire
From: DSargel025@aol.com
Sent: Thursday, March 15, 2007 10:53 AM
To: mcintire-cape@cfl.rr.com
Cc: morley-cape@cfl.rr.com; jcunningham@ccvfd.org
Subject: American Legion Special Event
Kim, I have reviewed their request and approve with the following conditions:
1. No tents or covers shall be erected unless they are flame retardant and are inspected by the F.D.
Joe LoCicero stated they wood not use any.
2. Cooking appliances (grill etc.) shall be at least 10' from all structures and have the appropriate
extinguisher.
3. If the band is going to be on a stage then the stage details shall be provide for review.
4. Electrical wiring shall be with only approved wiring and shall be protected from vehicles
and secured to avoid a trip hazard.
David J. Sargeant
Fire Chief
Canaveral Fire Rescue
AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com.
3/15/2007
l ifv S -::2/y -EN -T^ �
:,.:•:D
AP-TICLE I. EN GE-YERAL
Sacs. 10.1-10.25. Reserved.
ARTICLE II. A -1T; SE31E�-T DEICE
CODE*
Sec. 10.26. Adopted.
(a) The Standard Amusement Device Code,
1985 edition, published by the Southern Building
Code Congress International, Inc., is adopted by
reference as though it were copied fully in this
article.
(b) Whenever the term "administrative
authority" or "official" is used in the amusement
device code adopted in this section, it shall be con-
strued to mean the building official of the city or
his authorized representative.
(c) Any person who shall violate or who shall
fail to comply with the code adopted in this sec.
tion or who shall violate or fail to comply with
any order or regulation made under the code
adopted in -this section or who shall build in vio-
lation of any detailed statement or specifications
or plans submitted and approved under such code
or any certificate or permit issued under such code
shall, for each and every such violation and non-
compliance, respectively, be punished as provided
in section 1-15.
(Code 1981, H 628.01-628.03)
Sec. 10-27. Amendments.
The amusement device code adopted in section
10-26 is amended as follows:
(1) Section 108.1 is amended to read as follows:
Appointment. There is hereby established
a board to be called the construction board
of adjustment and appeals, which shall con-
sist of live members. The board shall be
appointed by the city council.
2'
Sec` cr_ 708.2 is amended to read as follows
108.2. Nlembership and Terms.
*Cross reference—Code erforceimenc, § 2.246 e. seq.
§ 0.4o6
108.2.1 Membership. leis ber s of the Cor.-
structioa board ofadjusU41L, t and appear
should be composed Of individuals 'with"
knowledge and experience in the techr•ica+
codes, such as design professionals, contrar.-
.ors or building industry representatives.
A board member shall not act in a case in
which he has a personal or in
in-
terest.
108.2.2 Terms. The terms of office of the
board members shall be two years from the
date of appointment. Continued absence of
any member from required meetings of
board shall, at the discretion of the city
council, render any such member subject to
immediate removal from office.
108.2.3 Secretary of Board. The building
official or designee shall act as secretary of
the board and shall make a detailed record
of all of its proceedings, which shall set forth
the reasons for its decision, the vote of each
member, the absence of a member and any
failure of a member to vote.
(3) Section 108.3 is amended to read as follows:
108.3 Quorum and voting. A simple ma.
jority of the board shall constitute a
quorum.
Secs. 10-28-10-45. Reserved.
ARTICLE M. OUTDOOR
ENTERTAINMENT;
DIVISION 1. GENTEPLALLY
Sec. 10-46. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanie; as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Outdoor :rater o nrr_ert events means any gath-
ering or groups or persons for the purpose of par-
Cross references—Cede enforcement, § 2.246 e' - scq.;
parks and recreation, ch. 5-4; streets, sidewallt and cthernublfc
places. ch. 66; buildings and building reg lations, ch. 32;
zoning, ch. no.
CD10:3
CAPE Ca'1A'� : CODE
ticipating in, viewing, cbserring, ;watching or lis.
tening to ententalnriient which consists of T.nL1S?Cal
renditions, sporting contests or events, festivals
or other entertairment not conducted within a
completely enclosed structure.
(Ord. No. 23-92, § 1(729;01), 12-1-92)
Cross reference—Def-mitiom ar r7 fes of p _L cn 6
eralIy, 4 1-2.
Sec. 10-47. Compliance with other laws
The staging, promoting or conducting of an out-
door entertainment event shall be in full and com-
plete compliance with all zoning and land use laws
in subpart B of this Code, beverage license Iaws
and other laws, ordinances and regulations appli-
cable to the city.
(Ord. No. 23-92, § 1(729.04), 12-1-92)
Sec. 10-48. Penalties for violations.
(a) Any person who violates, disobeys, omits,
neglects or refuses to comply with or who resists
the enforcement of any of the sections of this ar=
ticle shall be punished as provided by section 1-15.
(b) The city council may revoke the special out-
door entertainment permit granted and shall im-
mediately notify the city treasurer to revoke any
occupational Iicense upon the occurrence of any
violation of this article.
(Ord. No. 23-92, § 1(729.07), 12-1-92)
Sec. 10-49. Occupational license required.
It shall be unlawful for any person to stage,
promote or conduct any outdoor entertainment
event in the city unless he shall have secured an
occupational license as provided for in section
70-88, which occupational license shall be issued
only after issuance of the special entertainment
permit by the city council.
(Ord. No. 23-92, § 1( 729.02), 12-1-92)
Cross reference-0ccupatiorsl licer=e zYes, § ?o -ss.
Sec. 10-50. Exceptions.
The city cour_c; shall have the right to waive
the applicability and necessity of any of the sec.
tions of this article to anv outlOr entertainment
event sponsored by the recreational boards estab-
lished by the city or anv outdoor entertainment
event promoted by a nonprofit organiyatson, asso.
CD 10:4
dation or group ?f such outdoor entertainnsnt
el,ent of such oroanizati0ri, aSsoCid� on or 6 oup
has been sancticred or approved by the council.
Such sanction a*zd approval of an outdoor enter.
tainment event promoted by such organization.,
association or group shall be based upon a sufi;-
cient showing that the sections waived dealing
with the health, safety and welfare cf those in
attendance, as well as the general public, have
been other -,vise provided for as required by the
applicable standards set forth in this article.
(Ord. No. 23-92, § 1(729.08), 12-1-92)
Secs. 10-51-10.60. Reserved.
DMSION 2. PERMIT
Sec. 10-61. Required.
Any person desiring to stage, promote or con-
duct any outdoor entertainment event within the
corporate limits of the city shall first secure a
special entertainment permit from the city council.
(Ord. No. 23-92, § 1(729.03(A)), 12-1-92)
Sec. 10-62. Application.
An application for a special outdoor entertain.
ment permit shall be submitted in writing to the
city council on forms provided for this purpose at
least 45 days in advance of the date of commence-
ment of the outdoor entertainment event for which
the permit is requested, in order to permit the
council to evaluate the application in an orderly
and expeditious manner. The application shall con-
tain the plans, documents and information speci-
fied in this section. No permit shall be issued by
the council until receipt and approval of all plans,
documents and information and until the foIlo�zing
minimum conditions are met or such higher con-
ditions as required by the council upon a review of
any unique problems contained in the plans, doc-
urnents and information are met:
(1) Adequate plans for site construction., sani-
tation
i-
tation facilities, sewage disposal, garbage
and refuse disposal, drainage, floodlighting
during dar mess, insect and rodent con tr of
water supply and food service. For the Pur-
poses of evaluating such pIars, the stan-
dards established by the rules of the state
A-MMJ.�^..MEENTJ ,.till.] EN-TEiRT_ RN;2/1ENT Ts .6 10
-52
division of health In the Sanita_*y code of
the state shall be considered as minimum
reeuirements. For the purposes of this ar-
ticfe, part 17 chapter IOD -25, excluding sec-
tions 25.077, 25.078, 25.079, 25.080, of the
Florida Administrative Code and any suc-
ceeding rule, regulation or law shall be con-
sidered specifically applicable to the oper-
ation of an outdoor entertainment event. In
evaluating the plans, the council shall also
consider the applicability of F.S. ch. 386,
part I, and such other provisions of law, the
sanitary code or local ordinances as it may
deem necessary in the interests of the public
health and welfare.
(2) An adequate geographic description and
scale map or plan of the festival site
showing the location of all required facili.
ties, including adequate traffic control and
parking facilities outside the performance
area. Such plans shall provide for at least
one parking space for every five patrons
and for safe transportation of the patrons
from the parking area to the performance
area. No motor vehicle shall be permitted
outside. the designated parking area, ex-
cept when necessary to ensure compliance
with this article.
(3) An adequate plan for medical facilities.
There shall be provided one physician li.
censed in this state on duty at all times for
every 2,000 patrons, one nurse licensed in
this state on duty at all times for every
1,000 patrons, one bed or cot for every 200
patrons, complete and sterile supply of med-
icines, bandages, medical compounds, med-
ical instruments, serums, tape and such
other supplies as are necessary to treat ad-
verse drug reactions, cuts, bruises, abra.
sions, bites, fractures,'infections and other
injuries commonly connected with such out-
door activities.
(s_) An adequate plan for internal security,
tragic control, communications, lire protec-
tion and emergency services, including arn-
bular_ce service, in and around the event
area. Such plan shall provide for at least
one person professionally trained in se -cu.
CD10:5
r'ty and traailc control on duty 3t all times
for eve:7 500 patrons, 'Kith no security per.
s0nnel`working more than one eight --hour
shift in any 2? -hour period. The plan shay
include a detailed description of the plan of
security, trauic control, cornrnurications,
fire protection and ernergency services, in-
cluding ambulance service, to be used and
how it is to be implemented, and a detailed
background on the training and ability of
the personnel to be used in implementing
such plan.
(5) A full and complete disclosure of the finan-
cial backing of the outdoor entertainment
event, including the names of all persons
with a direct or indirect financial interest
in the staging, promoting or conducting of
such event, whether such interest be by
virtue of ownership in any entity staging,
promoting or conducting such event, status
as an employee of any person staging, pro-
moting or conducting such event or any in-
volvement by which such person stands to
gain or lose financially from such event.
(6) The names of all persons or groups who will
perform at the outdoor entertainment event
and executed copies of all contracts or agree-
ments with such persons or groups.
(7) The names of all persons who will provide
products, materials or services, other than
entertainment, to or at the outdoor enter-
tainment event and executed copies of all
contracts or agreements with such persons.
(8) The exact date and time of commencement
and the exact date and time of the conclu-
sion of the outdoor entertainment event. No
event shall begin before 10:00 a.m. or end
after 10:00 p.m.
(9) A written public liability insurance policy
insuring the person stalling n-,, promoting or
conducting the outdoor entertainment event
against any and all claims and demands
made by any person for injuries received in
connection with the staging, promoting, con-
ducting or attendance of or at the outdoor
entertainment event, written within Limits
of not less than $300,000.00 damage or in-
§ 10-62
CA - ?E CODE
ju-ry to any one person for bodily Injury or
other -,rise, plus $25,000.00 damage to Drop-
ert-y, and for not less than $500,000.00 for
damages incurred or claimed by more than
one person for bodily injury or other -Anise,
Plus $50,000.00 for damages to. property.
The original or duplicate of suchpolicy_.shall
be attached to the application-fgra=special
outdoor entertainment permit,1ogether
with adequate evidence that the premiums
are paid.
(10) Such additional conditions, criteria or de-
tailed specifications for the special enter-
tainment permit established by resolution
of the city council as the council may deem
necessary to carry out the intent of this ar-
ticle for the protection of the public health,
morals, safety and general welfare, in-
cluding insurance coverage in addition to
the amounts and types of coverage speci-
fied in subsection (9) of this section.
(Ord. No. 23-92, § 1(729.03(13)), 12-1-92; Ord. No.
8-94, § 1, 2-1-94)
Sec. 10-63. Fee.
The city council shall assess, upon the filing of
the application for an outdoor entertainment
permit, a minimum nonrefundable fee per day es-
tablished by resolution of the city council and set
forth in appendix B to this Code.
(Ord. No. 23-92, § 1(729.00, 12-1-92)
Sec. 10.64. Cash cleanup bond.
Any person holding a special outdoor entertain.
ment permit shall deposit with the city treawrer
a cash bond in the amount of $500.00. The cash
bond shall be for the expense of cleaning up any
debris, paper, litter or trash left by the patrons at
the outdoor entertainment event or by the holder
of the permit or his agents, employees or contrac-
tors. The cash bond shall be returned to the holder
of the permit upon certification by the city man-
ager that all debris, paper, litter or trash has been
removed from the premises on Nvhich the outdoor
entertainment event was held within 24 hours
from the designated conclusion time of the out-
door entertainment event and that no damage has
been done to the streets, sewers, structures, trees
ana shrubbery on such Dre-Inlses or the adjoiniM
prope_*iy. Upon failureof the holder of the permit
to complete such cleanup or repahr such darnage
within the 24-hour time period, the city shall ha,; e
the right to forthwith take such corrective action
as it may deem necessary and to deduct the cost of
cleanup or repair from the amount of the cash
cleanup bond.
(Ord. No. 23-92, § 1(729.06), 12-1-92)
Secs. 10.65-10.85. Reserved.
ARTICLE IV. ADULT ENTERTAINMENT*
DIVISION 1. GENERALLY
Sec. 10.8DDefinitions. If
The follo4 words terms and phrases, when
used in this ar 'cle, shall have the meanings as-
cribed to them i this section, ex�'ept where the
context clearly in ates a different meaning:
Adult arcade mean an esta} iishment where,
for any form of consider tion, oize or more motion
picture projectors, slide p ojeciors or similar ma-
chines for viewing by five\fi�r fewer persons each
are used to show films, MOM% pictures, video cas-
settes, slides or other photggr hic reproductions
which are characterized b�r emp asis upon the de•
piction or description of specified xual activities
or specified anatomical areas. For or
purposes of
this article, adult arcade is include within the
definition of adult motion picture theater.
i
Adult bookstore means a place that ��Sls or of-
fers for sale, for any, form of consideratio adult
materials, the gross,sale of which represent ore
than ten percent off the gross sales of the pla o or
that comprises more than ten percent of the i i-
vidual items it displays on the premises as Ns
*Cross references—Code enforcement, 2-2Qa at seq.; reg
ulatiors regardin. nudity on alcoholic beverage establish• »
ment premises, § 0"-27; public nudity prohibited, § 50.2; occu-
pational license'��cas, § 70-66 et s' eq.' coning, ch. 110, adult
entertainment establishments permitted'oy special eecen:ion
in the M-1 light industrial and research and developrr ent dis.
trict, § 110.354.
CD10:6
INHEREAS, the Congress of the United States passed the Civil Rights Act of
1968, of which Title VII declared that the law of the land would now guarantee the rights
of equal housing opportunity; and
WHEREAS, Fair Housing organizations such as the Florida Commission on
Human Relations, the Department of Housing and Urban Development (HUD), and the
Fair Housing Continuum, Inc., a Brevard County based organization, have, over the
years, worked toward successfully implementing all facets of the Fair Housing Act and
have received complaints of violations to the Fair Housing Act; and
WHEREAS, the Brevard County HOME Consortium, a partnership of Brevard
County and local municipalities including Cape Canaveral, Palm Bay, Melbourne,
Cocoa, and Titusville, which was formed to receive federal HOME investment
Partnership funds for housing related activities, supports the efforts of Fair Housing
Organizations; and
WHEREAS, the Fair Housing Continuum, Inc. is a community based fair housing
enforcement agency that addresses complaints received, investigates, attempts
resolution, develops resources to provide fair housing assistance, and assists
community leaders and industry on fair housing policy and practices; and
WHEREAS, equal housing opportunity is a condition of life in our city, county and
sate that can and should be achieved.
NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral,
Brevard County, Florida, do hereby proclaim the month of April, 2007 as
NATIONAL FAIR HOUSING MONTH
In the City of Cape Canaveral, and express the hope that this year's observance will
continue to promote fair housing practices throughout the city, county and state of
Florida.
Page 1 of 3
Rocky
fair housingbaade@bellsouth. net]
From: David Baade [ aol.com; Ifowler@cfl•rr.com;
October 30, 2006 9:07 AM Thayer-, kstepsinc@
Sent: Monday, Spaulding, Kelly
Earthy P rroberts@hPcPub.com 000 GRANT TO
TO' Anselmo BaldonaRocky-�pe@cfl.rr.com;
Michael Chaney; INC OF COCOA, FLORIDASING CONTINIJUK
AWARDED $275,
subject: FW- P FIGHTHOU
HOUSI G DISCRIMINATION
HEL
mailto:jerrie_g._magruder@hud.gov]
From: jerrie_g._magruder@hud.gov C
sent: Friday, October 20, 2006 2:37 PM
eHT
COCOA, FLORIDA
To: jerAWARDED $275,000 GRANT TO HELP FIG
magruder@hud.gov n 9 _
Subject: FAIR HOUSING CONTINUUM, INCIN
HOUSING DISCRIMINATION
AO*4%hh, '6
i
NEWS
nr t- phonso Jackson,
Housing g and Urban Development —Al
Department
Office of Public Affairs, Washington, D.C.
Secretary
HUD NO 10.21 FOR RELEASE
Jerrie G. Magruder Tuesday
407-648-6441 ext 2017 October 21, 2006
wvuw.hud.gov
CONTINUUM, INC OF COCOA, FLORIDA AWARDED $275,000
FAIR HOUSING GRANT
TO HELP FIGHT HOUSING DISCRIMINATION
FLORIDA —FAIR
HOUSING CONTINUUM, INC of COCOA, FLORIDA today received
75 OOO.The grant will assist in the private enforcement of Housing rand Urban c
a grant of $2 Continuum, Inc was The Department
The Fair Housin hich awarded $18.1 million in grants to 102 groups in 85 cities throughout the
Development, whi
nation to help reduce housing discrimination.
Page 2 of 3
The grants, funded through HUD's Fair Housing Initiatives Program, will be used to investigate
allegations of housing discrimination, educate the public and housing industry about their rights
and responsibilities under the Fair Housing Act, and work to promote equal housing
opportunities.
"These grants will help us continue our efforts to educate the public and housing industry
about their rights and responsibilities under the Fair Housing Act," said Kim Kendrick, HUD's
Assistant Secretary for Fair Housing and Equal Opportunity. "No one should be denied the
opportunity to live where they want because of how they look, or the religion they practice, or
because they have a disability."
Grants were awarded under one of two initiatives:
• Private Enforcement Initiative grants (PEI) - HUD awarded $13.9 million to assist groups
in the investigation and enforcement of alleged violations of the Fair Housing Act and
substantially equivalent state and local fair housing laws.
• Education and Outreach Initiative grants (EOI) - HUD awarded $4.2 million to groups that
educate the public and housing providers about their rights and obligations under federal,
state, and local fair housing laws.
Fair Housing Continuum, Inc., (FHC) will provide fair housing enforcement services, including
complaint intake and investigation; recruitment and training of testers; paired -testing of housing
providers; and inspections of newly constructed condominiums and apartments for compliance
with the design and construction requirements of the Fair Housing Act. FHC will also conduct
education and outreach activities that will result in an increased public awareness of the Fair
Housing Act and the number of complaints received by the agency.
HUD received applications from 268 groups seeking grants, a 7% increase over fiscal year
2005, out of that group, 102 winners were chosen based on a number of criteria, which
included the demonstration of results and program evaluation. Grants were awarded to fair
housing organizations in the following states:
Alabama - $923,876 == Montana - $99,987
Arizona - $270,144 Nebraska - $372,277
Arkansas- $34,088 Nevada - 203,629
California - $2,350,947
New jersey - $375,000
Colorado - $100,000
New Mexico - $149,721
District of Columbia - New York - $986-896
$149,080
Delaware - $50,000 I North Carolina - $88,022
Florida - $1,024,972
North Dakota - $214,769
Georgia - $94,950 Ohio -$1,293,905
Hawaii - $275,000 Oklahoma - $274,766
Idaho - $80,961'= Oregon -$368,678
Illinois - $1,736,402
Pennsylvania - $1,021,352
Kansas - $99,926
Rhode Island - $100,000
10/30/2006
Kentucky - $205,258
Louisiana - $475,000
Maryland - $99,716
Massachusetts - $647,210
Michigan - $480,326
Minnesota - $99,937
Missouri - $100,000
MlssissiDW -!9597,634
uth Carolina - $ 99,992
nnessee - $275,000
xas - $1,017,855
ah - $77,310
-ginia- $60,415
rmont - $100,000
ishington - $650,000
sconsin -!t374.996
Page 3 of 3
FHEO and its partners in the Fair Housing Assistance Program investigate approximately
9,000 housing discrimination complaints annually. People who believe they are the victims of
housing discrimination should contact HUD at 1-800-669-9777 (voice), 800-927-9275 (TTY).
Additional information is available at www.hud.gov/fairhousing. Stay on top of the most up-to-
date news regarding the Fair Housing Act by signing up for the FHEO RSS Feed at
www.hud.gov/offices/fheo/index.cfm
NOTE: A list of all grant recipients is available on the HUD website www.hud.gov
10/30/2006
Florida ousinq
rt n n c d COT G a c r a n
we make housing offordoble
COMMUNITY WORKFORCE HOUSING INNOVATION
PILOT PROGRAM (CWHIP)
Background:
The 2006 Florida Legislature passed House Bill 1363 (Ch. 2006-69, s. 27, Laws of Fla.), a housing bill
focused on addressing some of the affordable housing challenges the State currently faces. HB 1363
includes $50 million for an affordable housing pilot program called the Community Workforce Housing
Innovation Pilot Program (CWHIP). Florida Housing will administer CWHIP, and these funds will be
awarded on a competitive basis through a Request for Proposals (RFP) process to public-private entities
seeking to build affordable housing for Florida's workforce.
CWHIP Facts:
• CWHIP promotes the creation of public-private partnerships to finance, build and manage
workforce housing and requires the coordinated efforts of all levels of government as well as
private sector developers, financiers, business interests and service providers.
• CWHIP encourages the pooling of local resources, local regulatory incentives, including land use
strategies and non-traditional sources of local funding.
• CWHIP partnerships must involve at least one public sector entity and one private sector for-profit
or nonprofit entity.
• CWHIP will provide flexible funding toward the construction or rehabilitation of housing in the
form of loans with interest rates of one percent to three percent, which may be forgivable if the
housing meets long term affordability requirements.
• CWHIP provides that any plan amendments certified by the local government as CWHIP
amendments will receive 30 -day expedited review by the Florida Department of Community
Affairs (DCA), and may proceed straight to adoption rather than through the multi -step process
now required by DCA.
Eligible Residents:
• At least 50 percent of the affordable housing units built using CWHIP funds should be set aside
for essential services personnel. Essential services personnel will be defined by local governments
in their State Housing Initiatives Partnership (SHIP) program plans, however, they could include
teachers, educators, police and fire personnel, health care workers, skilled building trades
personnel, and others.
80 percent of the units built using CWHIP funds should be available to households earning
incomes up to 140 percent of area median income (AMI). This program may serve a broad
range of incomes up to 140 percent of AMI.
FOR MORE INFORMATION CALL OR VISIT US ONLINE
227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329
Telephone 850.488.4197 Fax 850.488.9809
www.floridahousing.orn
Florida ousing
F i n a - C 0 c o r p o r a i( o n
we make housing offordoble
Eligible Counties:
• High cost counties (relative cost to purchase home compared to incomes).
• High growth counties.
• Counties willing to make regulatory changes and financial investments to encourage
development of affordable housing.
Eligible Developments:
• Homeownership and rental housing, which may be in a mixed use and/or scattered site setting.
• Developments that have at least 15 percent of the total development costs granted or donated.
• Developments in neighborhoods close to employers, services and transportation.
For more information, visit us online at www.floridahousing.org/cwhip.
FOR MORE INFORMATION CALL OR VISIT US ONLINE
227 North Bronough Street, Suite 5000, Tallahassee, Florida 32301-1329
Telephone 850.488.4197 Fax 850.488.9809
www.floridahousing.orn
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Consideration
Item
5
No.
minutes and case files. Attorney Miniheart, representing the Patels, recommended to pay the City $5,000 to
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: REQUEST FOR REDUCTION OF A CODE ENFORCEMENT
LIEN, CASE NO. 2001-0008, PRAVIN AND JYOSTNA PATEL, 8050 N. ATLANTIC
AVENUE
DEPT/DIVISION: PUBLIC SAFETY/CODE ENFORCEMENT
Requested Action:
City Council consider the request for a reduction of a code enforcement lien, Case No. 2001-0008, Pravin
and Jyostna Patel, 8050 N. Atlantic Avenue. The Code Enforcement Board has recommended a reduction of
lien from $70,075 to $21,000 plus legal fees and costs associated with the foreclosure proceedings.
Summary Explanation & Background:
The Code Enforcement Board at their 02-22-07 meeting made the above recommendation. See attached draft
minutes and case files. Attorney Miniheart, representing the Patels, recommended to pay the City $5,000 to
satisfy the lien at the 02-22-07 meeting.
City Council is directed to review Code Section 2-260(g), attached, that outlines the process for City Council
to follow.
The code enforcement officer will be in attendance to answer any questions regarding this case. Please
advise.
Exhibits Attached:
City Manager' ' e
Department PUBLIC SAFETY/CODE
ENFORCEMENT
cape-nt\xim\myaocuments\aamin\council\meeting\ZUU/\U3-1U-U/\2UU1-0008.doc
City of Cape Canaveral
Date: February 26, 2007
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Joy Lombardi, Code Enforcement Board Secretary Y
Re: Recommendation to the City Council Regarding Case No. 2001-0008, Pravin &
Jyostna Patel, 8050 N. Atlantic Avenue - Request the Reduction of Lien - Per
Section 2-260(e)
On February 22, 2007, The Code Enforcement Board heard testimony regarding the
above referenced request and recommended that City Council reduce the Code
Enforcement Board Lien in the amount of seventy thousand and seventy-five dollars
($70,075.00) to a reduced amount of twenty-one thousand dollars ($21,000.00) plus legal
fees and costs associated with the foreclosure proceedings.
LIEN AMOUNT:
2001 1 Day
188 Days
2002 365 Days
2003 365 Days
2004 365 Days
2005 174 Days
2005 7 Days
2005 184 Days
2006 145 Days
Total
50.00
4,700.00 @ $25.00
9,125.00
9,125.00
9,125.00
4,350.00 (through June 23, 2005)
700.00 @ $100.00 (June 24, 2005 to June 30,2005)
18,400.00
14,500.00
$70,075.00
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral9cfl.mcom
CITY OF CAPE CANAVERAL,
APPLI( ION FOR SATISFACTION OR RELEAS_
OF CODE ENFORCEMENT LIEN
CODE ENFORCEMENT CASE #: 0 c, 0 C,.
(� APPLICATION FEE: $ /c5c� aU
APPLICANT: -2 'C ` C L. J O �T U �i Q k
ADDRESS: c` C' rj C1 Aj C1 Ol , C DATE:
CITY: _ �C\R C l %) STATE: ( L 3 2 C
ZIP:
NATURE OF VIOLATION(S): k S S 111 S` e
ADDRESS OF SUBJECT PROPERTY: S' 'x� 0\ S _
DATE FINE/LIEN IMPOSED: ` AMOUNT: �� MAYORTAL
COMPLIANCE DATE: (� i�
G`i , •.. 2 o Q �` .
RELIEF REQUESTE SATISFACTION REDUCTION (Circle one) IF REDUCTION, THE ArrLICANT
PROPOSES $ AS THE AMOUNT OF THE REDUCED FINE.
THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULDBEGRANTED:
(If more space is needed add additional pages) �4 Cx 1 CAV-N� r �k „a ,�., A —r- N
TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED:
(If more space is needed add additional pages) E N
THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE
PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add
additional pages)_. -1 C\ eY\ � � —
ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST,
NCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE
tEDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages)
�---6 C�2 C'u
Applicant's Signature
Date: _A,-
i rF
DIVISION 2. CODE ENFORCEMENT Page 1 of 2
Sec. 2-260. Application for satisfaction or release of code enforcement liens.
Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has
been recorded in the public records of Brevard County, Florida, and has become a lien against the land
and/or property of the violator, such violator may apply for a satisfaction or release of such lien in
accordance with this section.
(a) Upon full payment by the violator of the fine or penalty in accordance with this
chapter, the city manager shall execute and record a satisfaction of lien.
(b) The application for satisfaction or release of lien shall be in written form, typed or
handwritten, by the violator, and shall be submitted to the building official or the
designee of the building official. the application shall include, but may not be limited to
the following:
(1) The code enforcement case number;
(2) The date upon which the violator brought the subject property into
compliance with the City Code;
(3) The factual basis upon which the violator believes the application for
satisfaction or release of lien should be granted;
(4) The terms upon which the satisfaction or release should be granted;
(5) The reasons, if any, compliance was not obtained prior to the order of
penalty or fine being recorded;
(6) The reduction in penalty or fine sought by the violator; and
(7) Any other information which the violator deems pertinent to the request,
including but not limited to the circumstances that exist which would warrant the
reduction or satisfaction of the penalty or fine.
(8) This application shall be executed under oath and sworn to in the presence
of a notary public.
(c) The violator shall submit at the time of application payment to the city in the amount
necessary to reimburse the city for its costs associated with recording the order
imposing a penalty or fine and the requested satisfaction or release of lien. These costs
are nonrefundable, without regard for the final disposition of the application for
satisfaction or release of lien.
(d) Upon receipt of the application for satisfaction or release of lien and payment
provided above, the Building Official or designee of the building official shall confirm
through the code enforcement department that the violation which resulted in the order
imposing penalty or fine has been satisfied. If the violation has been satisfied and there
is no current code violation upon the property in question, the building official or
designee of the building official shall place the application upon the agenda ofthe next
meeting of the Code Enforcement Board for the City of Cape Canaveral.
(e) At the hearing before the code enforcement board, the board shall review and
consider the application for satisfaction or release of lien, provide the violator with an
opportunity to address the board regarding the application for satisfaction or release of
lien, and to take the testimony of other interested parties, including but not limited to city
staff.
Upon review of the application and any testimony presented, the code enforcement
board shall by motion direct a recommendation to the city council for approval, approval
with conditions, or denial of the application for satisfaction or release of lien.
http://libraryl.municode.com/mcc/DocView/12642/l/33/53/55 3/14/2007
DIVISION 2. CODE ENFORCEMENT
Page 2 of 2
The code enforcement board, in determining its recommendation, shall consider the
following factors:
(1) The gravity of the violation;
(2) The time in which it took the violator to come into compliance;
(3) The accrued amount of the code enforcement fine or lien;
(4) Any previous or subsequent code violations;
(5) Any financial hardship; and
(6) Any other mitigating circumstance which may warrant the reduction or
satisfaction of the penalty or fine.
(f) After a recommendation has been rendered by the code enforcement board, the
building official or designee of the building official shall place the application for
satisfaction or release of lien upon the agenda of the next regularly scheduled city
council meeting. The city council may take action solely based upon the sworn
application and recommendation of the code enforcement board; or it may, in its
discretion, provide the violator with an opportunity to address the council in regard to the
application for satisfaction or release of lien.
(g) The city council may approve, approve with conditions, or deny the application to !�
satisfy or release of lien. If the city council approves the application to satisfy or release
the lien and the approval is conditioned upon the violator paying a reduced penalty, fine,
or any other condition, the satisfaction or release of lien shall not be prepared or
recorded until the condition(s) placed by the council have been satisfied.
The violator shall have 30 days in which to comply with the conditions imposed by the
city council. Failure of the violator to comply will result in the automatic denial of the
application for satisfaction or release of lien.
If the application is denied or if the application is automatically denied due to the failure
of the violator to comply with the conditions imposed by the city council, the violator shall
thereafter be barred from applying for a subsequent satisfaction or release of lien for a
period of one year from the date of denial. During the one-year period, the lien may only
be satisfied and released upon full payment of the fine or penalty imposed in accordance
with this division.
(Ord. No. 05-2003, § 2, 2-18-03)
http://libraryl.municode.com/mce/DocView/12642/l/33/53/55 3/14/2007
Code Enforcement Board
16eeting Minutes
February 22, 2007
Page 2
OLD BUSINESS:
Case No. 01-0008 — Violation of Section 94-4(11) Exemptions of the Cape
Canaveral Code of Ordinances (8050 N Atlantic Ave) — Pravin & Jvostna Patel
Property Owner. (Request for reduction or release of lien)
Code Enforcement Officer, Duree Alexander, provided a brief overview of the Case
history and presented exhibits for the Board's review. Officer Alexander testified that the
respondent is requesting a reduction of the lien.
Anthony Garganese, City Attorney, explained to the Board Mem that the foreclosure
action has been filed against Mr. Patel, which has prompted apply for the
satisfaction or reduction of the lien. Attorney Garganese f plained that the issue
before the Board is to consider whether to recommend ounce reduce the lien,
considering six factors: 1) the gravity of the violatio a time in 'ch it took the
violator to come into compliance 3) the accrued nt of a lien 4) previous or
subsequent code violations 5) any financial hards ) other mitigating
circumstances which may warrant the reduftion or s ction of the penalty or fine.
Attorney Andrew Miniheart, representative el,1 ed that they are requesting a
release or reduction of the lien. A eyM d that there are two Mr. Patel's;
Mr. Patel, the property owner, atel, tenant. Attorney Miniheart further stated
that the property owner did eceiv ny n ication due to the fact that the notice of
violation and the lawsuit we nt r hich was received by Mr. Patel, the
tenant. In 2001 the t red the i tice of violation, removed some of the
signs, and was un a that was the issue was resolved. Years pasted
before another a was r ve 2006 regarding the relocation of the cashier
station, which wa omptly a ressed by the property owner. Attorney Miniheart further
testified that the pr y ow has been at this location for many years and has recently
made improvements perty in excess of sixty to seventy thousand dollars.
Attorney Miniheart requ d that the Board recommend to Council a reduction in the lien
amount to cover the City's costs and attorney fees not to exceed approximately five
thousand dollars ($5,000.00), otherwise Mr. Patel would be forced to sell the property and
close the business.
Mary Russell reviewed the six points that the City Attorney talked about and stated that
the gravity of the violation is not the aesthetic issue of the signs but the safety factor for
our police officers; the time it took to come into compliance was five years, from 2001 to
2006; the accrued amount is seventy thousand dollars, not five thousand; there are no
previous violations for this address; the financial status is unknown to the Board; and the
mitigating circumstances has been stated that the wrong Mr. Patel was notified.
Mr. Patel, property owner, testified that in 2006 when the notice of lien was received, he
addressed the issues and spoke to Officer Alexander who told him everything was fine.
He stated that he spent fifty thousand dollars in repairs to the property.
Attorney Miniheart stated that there is a serious due process issue that needs to be
addressed; if we have to litigate it we will and the property owner has not received proper
notification.
Code Enforcement Board
Meeting Minutes
February 22, 2007
Page 3
The Board asked Mr. Patel, property owner, when he had first became aware of the sign
violations.
Mr. Patel, property owner, testified that the tenant notified him of the sign problem in
2001.
Officer Alexander testified that she sent the notices to the property owner and to the
business owner and feels confident that the prior Code Enforcement Officer has sent
proper notification. Officer Alexander explained that in the May 17, 2001 Code
Enforcement Board Meeting Minutes, Page 7, the testimony of the Code Enforcement
Officer was that the notices were properly delivered. She further lained that a letter
was received from Mr. Patel on August 3, 2001, which stated Pa was aware of the
Violation. Officer Alexander further stated that she has re the records from the
archives, and will research the notification history furthey
Officer Alexander respectfully requested that the d de the res dents request to
satisfy the lien in the amount of $70,075.00 and or t pondent to pay a reduced
amount of $10,500.00 for reimbursement t the City pe Canaveral for inordinate
expenses incurred during the Code Enfor inves tion and processing of the
Violation for the last four years.
Attorney Garganese recomme
amount, they should also c
associated with the foreclos
amount.
Motion by Mr. S
$10,500.00 to the
billed amount of thi
Vote on the motion
COMPLIANCE HEARINGS:
if th and considers a reduction the lien
onal s to include the legal fees and costs
2N.L0Pussion followed regarding the lien
I HIr. Hale, to double the staffs recommendation from
my -one thousand dollars ($21,000.00) in addition to the
id costs associated with the foreclosure proceedings.
mously.
Case No. 05-00101 — Violation of Section 94-11 Maintenance Notice to Repair,
of the Cane Canaveral Code of Ordinances (6103 N Atlantic Ave) — JWL LLC
c/o Keith Bennett, R.A.
Code Enforcement Officer, Duree Alexander testified that this Case is in compliance.
2. Case No. 06-00085 — Violation of Section 82-12 Unsafe building or systems: and
Sections 108.1. 108.1.1. and 304.3 International Property Maintenance Code —
Unsafe structures & Interior surfaces of the Cape Canaveral Code of Ordinances
(7554 Magnolia Ave.) — TRSTE. LLC: c/o Joseph E Seagle R.A.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the
respondent is working on the repairs to the roof; however, the damage exceeded the
scope of work. Officer Alexander stated that the units are vacant until the work is
complete and that the owner is working with the City to comply. Officer Alexander
respectfully requested that the Board grant a 60 -day extension.
•IIUUNIN�NIU�������IIIIIII�IIIIIIINI�UIIIIIIIIII�III�IIIIIIIIIIII
CM2001 -15 10-04-2001 11:08 am
OR BooWPage: 4433 / 3158
City of Cape Canaveral
CITY OF CAPE CANAVERAL, FLORIDA
CODE ENFORCEMENT BOARD
Case # 01-08
CITY OF CAPE CANAVERAL
vs.
PRAVIN AND JYOSTNA PATEL
ORDER LIiPOS ING PENALTY/LIEN
THIS CAUSE came on for Public Hearing before the Code Enforcement Board
on May 17, 2001, after due notice to Respondents, at which time the Board heard
testimony under oath, received evidence, and issued its Findings of Fact. Conclusion of
Law and thereupon issued its oral Order which was reduced in %vriting.
Said Order required Respondent to take certain corrective action by a time certain,
as more specifically set forth in the Order.
An Affidavit of Non -Compliance, dated on the 19th day of July, 2001 was mailed
to t -.e Respondents (attached hereto) via Certified U.S. mail; which Affidavit certifies
under oath that the required corrective action had not been taken as ordered.
Accordingly, having been brought to the Code Enforcement Board's attention that
the Respondents have not complied with the Order dated May 17, 2001, and it is hereby
Ordered that the Respondents pay to the City of Cape Canaveral; Florida, a fine in the
amount of fifty dollars (S50.00) for the first day of non-compliance (July 19, 2001) and
twenty five dollars (525.00) per day, thereafter, for each and every day the violation
continues to exist at 8050 North Atlantic Avenue, Block 13, Lots 1, 2 & 3, Avon by the
Sea Subdivision, Section 23, Township 24 South; Range 37 East; Brevard County,
Florida.
Moms -Reid, CBO
Code Enforcement Official
J, Susan L. Chapman, Secretary to the Code Enforcement Board for the City of Cape
•Canaveral, hereby certify that a true and correct copy of this Order Imposing
- Penky/Lien was mailed by Certified Mail to the Respondents and/or the Respondents
nauthoiizt d counsel at 8050 North Atlantic Avenue, Cape Canaveral, Florida, on this 24th
er, 2001.
Scott Ellis
Susan -L. Chapman Clerk Of Courts, Brevard County
#Pgs: 1 #Names:.3
-.&t?creta>ry,"Code Enforcement Board Trust: 1.00 Rec: 5.00 serv: 0.00
�r•� _(: " �; ; t . , - ♦; .w., --J. 0.00 0.00
ulta: 0.00 Int Tax: 0.00
105 Polk Avenue • Post fFice Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1200 e FAX (321) 799-3170 . fcn.state.fl.us/cape/
e-mail: cape@iu.net
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CAM %L CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL, CASE NO.: #01-0008
A Florida municipal corporation,
Complainant,
V.
Provin & Jyostna Patel,
CFN 2005447419 12-20-2005 09:03 am
OR Book/Page: 5581 / 2036
Owner of the Property located at: Scott Ellis
'
8050 N. Atlantic Avenue Clerk Of Courts, Brevard county
#Pgs: 3 #Names:3 i
Trust: 2.00 Rec: 25.00 Serv:0.00
0.00=xclse: 0.00
Respondent. Mtg: 0.00 nt Tax: 0.00
AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION
THIS CAUSE having come on for consideration, after being duly noticed, before
the Code Enforcement Board of the City of Cape Canaveral, Florida, on June 23, 2005,
to determine whether Respondent has come into compliance with an Order of the Code
Enforcement Board, dated May 17, 2001. The Board having heard the arguments of
the parties and the evidence presented and having reviewed the record and being
otherwise fully advised, the following Findings of Fact and Conclusions of Law are
incorporated into this Order as set forth herein:
Findings of Fact and Conclusions of Law
Based upon the evidence and testimony presented at this hearing, the Code
Enforcement Board finds:
1. An Order Imposing Penalty/Lien was filed by the City against the property
located at 8050 North Atlantic Avenue, Block 13, Lots 1,2 & 3, Avon By
the Sea Subdivision, Section 23, Township 24 South, Range 37 East in
Brevard County. Said Order is recorded in Official Record Book 4433,
Page 3158.
2. The Respondents were provided a Notice of Hearing for the June 23,
2005 compliance hearing pursuant to section 162.07, Florida Statutes,
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com
and Chapter 2, Article VI, of the City of Cape Canaveral Code of
Ordinances. The purpose of the Notice and hearing was to determine
whether the Respondents have come into compliance with the May 17,
2001 Order.
3. Respondents failed to appear at the hearing scheduled on June 23, 2005.
4. Based on evidence presented by the City's code enforcement board
officer, the Respondents either failed or refused to correct the violation in
accordance with the Code Enforcement Board Order dated May 17, 2001.
Therefore, Respondents are still not in compliance with the City Code.
5. Accordingly, having been brought to the attention of the Code
Enforcement Board that the Respondents have not come into compliance
with the Order, it is hereby Ordered that the daily fine previously ordered
shall be increased to an amount of One Hundred Dollars ($100.00) per
day, commencing on June 24, 2005, for each and every day the violation
continues to exist. All fines and expenses accrued prior to this Amended
Order shall remain due and owing.
6. The Clerk of the Code Enforcement Board shall be directed to record a
certified copy of this Order in the public records for Brevard County,
Florida, which shall serve as a lien against the Property and any other real
or personal property owned by the Respondents;
7. Any and all future recurrence(s) of any violation(s) addressed herein after
same has/have been corrected shall necessitate further proceedings
before the Code Enforcement Board without necessarily providing
Respondent(s) an opportunity to correct such violation(s) and that the
Code Enforcement Board, upon finding such repeat violation(s) exist(s)
shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day
for each repeat violation, beginning on the first day the repeat violation(s)
is/are found to exist.
8. Respondent shall also be responsible for costs incurred by the City of
Cape Canaveral, consistent with Section 162.09, Florida Statutes, for
costs of enforcement and/or for reasonable repairs made to Respondent's
property by the City of Cape Canaveral or its designee to correct any
violation that the Board deems a serious threat to the public health, safety
and welfare.
9. The Code Enforcement Board hereby reserves the right to take further
necessary action against the Respondent to enforce this Order and
correct any violation on the Respondent's property, in accordance with
Section 162.09, Florida Statutes.
DONE AND ORDERED at Cape Canaveral, Florida, this
2005. °/ -day of June,
Copies furnished to:
Respondents Pravin and Jyostna Patel
Cape Canaveral Case File
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
Mary Russell, Chairperson
-3-
q�
§ 9A-3
Sec. 94-3. Administrator.
CAPE CANAVERAL CODE
The building official shall act as administrator
of this chapter, acting in lieu of the city council. As
used in this chapter, the term "administrator"
shall include his authorized representative.
(Ord. No. 8-00, § 1, 7-18-00)
Sec. 94-4. Exemptions.
The following signs are excluded from the -op-
eration of this chapter unless otherwise noted:
(1) Decals affixed to or signs painted on equip-
ment, fuel pumps or other types of vend-
ing equipment used for dispensing retail
products;
(2) Signs wholly within a building, excluding
window signs (see section 94-1, defini-
tions);
(3) Memorial signs, tablets or plaques or
names of buildings and date of erection
when such are cut into any masonry sur-
face or when constructed of bronze or
other noncombustible material;
(4) Professional nameplates not exceeding
three square feet in area;
(5) Bulletin boards, not to exceed two, each
not over eight square feet in area for
public charitable or religious institutions,
when the bulletin boards are located on
the premises of such institutions, and one
identification sign not exceeding ten square
feet;
(6) Occupational signs denoting only the name
and profession of an occupant in a com-
mercial building, public institutional build-
ing or dwelling house, which are placed
flat against the exterior surface of the
building and not exceeding three square
feet in area, except in residential single-
family and duplex buildings where the
size shall not exceed two square feet;
(8) Traffic or other municipal signs, legal
notices, danger signs and temporary emer-
gency or nonadvertising signs;
(9) Signs consisting of an arrangement of a
group of single cutout letters when se-
curely fastened to a building or structural
part of a building, in accordance with
section 94-96, 94-97 and 94-98;
(10) Traffic directional signs utilized for traffic
flow such as enter, exit, in, out, etc. when
less than one square foot in size and not
exceeding two feet in height;
(11) Window signs that do not exceed 25 per-
cent of the total individual glazed area
and are placed in the upper or lower half
of the individual glazed area. Further, the
sales transaction area, as well as any
other areas that may be deemed as nec-
essary for viewing for safety purposes by a
law enforcement agency, shall not be ob-
structed from view from the outside of the
building; and
(12) Signs for events sponsored by the munic-
ipality.
(Ord. No. 8-00, § 1, 7-18-00)
Sec. 94-5. Penalty for violation.
(a) Any person who knowingly violates or fails
to comply with any of the sections of this chapter
or any erector, owner or user of an unlawful sign
or any owner of the property on which an unlaw-
ful sign is located, shall, upon conviction, be
punished as provided in section 1-15.
(b) In addition to the criminal penalties pro-
vided in this section, any violation of this chapter
shall be subject to enforcement by section 2-256 et
seq., according to the procedures legally estab-
lished for such board and subject to the penalties
provided by F.S. ch. 162.
(Ord. No. 8-00, § 1, 7-18-00)
(7) Directional signs to historical or other Sec. 94-6. Prohibited signs and features.
points of interest, which are maintained (a) Signs on utility poles and trees. Signs,
or operated as commercial attractions, regardless of whether exempt from permit require -
public or religious sites, and are less than ments, including political signs, are prohibited on
two square feet in size; public utility poles or trees.
Supp. No. 8 CD94:6
Code Enforcement Board
Meeting Minutes
May 17, 2001
Page �
Order: That Scott Clark's Custom Cabinetry shall comply with the
aforementioned Section of the City Code of Ordinances on or before June
26, 2001 by taking the following action: Renew the occupational license
and pay the appropriate fees or provide proof that they are no longer in
business. The Order shall further provide that upon compliance, Scott
Clark's Custom Cabinetry shall notify officer Moisdon, who shall notify
the Board of compliance.
However, upon failure to comply by June 26, 2001, there shall be a fine of
$50.00 for the first day of non-compliance and $25.00 per day thereafter,
until the property is brought into compliance, which shall include all costs
incurred by city staff. Should the violation reoccur, upon notice by the
Code Enforcement Officer, a fine shall be imposed in the amount of $50.00
for each and every day until the property is brought into compliance.
Vote on the motion carried unanimously.
f
6. Case No. 01-08 Pravin and vostna Patel 8050 N. Atlantic Avenue `
Section 23, Township 24 South, Range 37 East, Lots 1-3, Block 13, Avon by
the Sea Subdivision - Violation of Section 94-401), Window Signs of the ^
Cape Canaveral Code of Ordinances
Code Enforcement Officer Mullins testified that only 25% of the window can be
covered, this was considered hazardous because the Sheriff's Dept. could not see
through the windows, he had mailed a courtesy request and a Notice of
Violation and had verbal contact with the store owner since Feb. 27th who had
made no attempt to bring the property into compliance. He submitted
photographs, Exhibits A-E. The Board members reviewed the photographs.
Brief discussion followed.
Motion by Mrs. Hartley, seconded by Mr. Ratliff to find Case No. 01-08 in
violation as follows:
Findings of Fact: Window signs and obstructions are exceeding 25% of
the window space causing a hazardous condition.
Conclusion of Law: Pravin and Jyostna Patel are in Violation of Section
94-4(11), Window Signs of the Cape Canaveral Code of Ordinances.
Code Enforcement Board
Meeting Minutes
May 17, 2001
Page 7
Order: That Pravin and Jyostna Patel shall comply with the
aforementioned Section of the City Code of Ordinances on or before June
26, 2001 by taking the following action: Remove the signs and any
obstructions so they do not protrude more than 25% of the window areas.
The Order shall further provide that upon compliance, Pravin and Jyostna
Patel shall notify officer Moisdon, who shall notify the Board of
compliance.
However, upon failure to comply by June 26, 2001, there shall be a fine of
$50.00 for the first day of non-compliance and $25.00 per day thereafter,
until the property is brought into compliance, which shall include all costs
for fees incurred by city staff. Should the violation reoccur, upon notice
by the Code Enforcement Officer, a fine shall be imposed in the amount of
$25.00 for each and every day until the property is brought into
compliance.
Vote on the motion carried unanimously.
7. Case No. 01-09, Navin Patel (8590 N Atlantic Avenue), Section 14,
Township 24 South, Range 37 East, Lot 14, Block 3, Canaveral Beach
Gardens Subdivision - Violation of Section 944(11), Window Signs of the
Cape Canaveral Code of Ordinances
Code Enforcement Officer Moisdon submitted photographs of the property,
Exhibit A. He testified that the notices were delivered. Mr. Patel told him that
he would comply but no effort was made to bring the property into compliance.
Motion by Mrs. Hartley, seconded by Mr. Biederman to find Case No. 01-09 in
Violation as follows:
Findings of Fact: Window signs and obstructions are exceeding 25% of
the window space causing a hazardous condition.
Conclusion of Law: Navin Patel is in Violation of Section 94-4(11),
Window Signs of the Cape Canaveral Code of Ordinances.
Code Enforcement Board
Meeting Minutes
May 17, 2001
Page 8
Order: That Navin Patel shall comply with the aforementioned Section of
the City Code of Ordinances on or before June 26, 2001 by taking the
following action: Remove the signs and any obstructions so they do not
protrude more than 25% of the window areas. The Order shall further
provide that upon compliance, Navin Patel shall notify officer Moisdon,
who shall notify the Board of compliance.
However, upon failure to comply by June 26, 2001, there shall be a fine of
$50.00 for the first day of non-compliance and $25.00 per day thereafter,
until the property is brought into compliance, which shall include all costs
for fees incurred by city staff. Should the violation reoccur, upon notice
by the Code Enforcement Officer, a fine shall be imposed in the amount of
$25.00 for each and every day until the property is brought into
compliance.
Vote on the motion carried unanimously.
8. Case No. 01-10 Ross T Laningham, (6103 N Atlantic Avenue), Section 26,
Township 24 South, Range 37 East, Parcel 22 01, Banana River Estates
Subdivision - Violation of Section 34-181 Storing, Parking or Leaving on
Private Property - Request for Hearing to Appeal "Notice to Remove"
It was noted that Mr. Laningham was not present at the meeting however, he
had submitted written affidavits. Assistant City Attorney McQuagge objected to
the affidavits because there was no one present at the meeting that could
authenticate them. Brief discussion followed for clarification. Chairperson
Russell read the affidavit, dated May 17, 2001 for the record. Code Enforcement
Officer Moisdon testified that he received a complaint on February 22, 2001, Mr.
Laningham rents a storage unit on the property, he requested that Mr.
Laningham repair the tire and place a current tag on the vehicle, the vehicle was
posted with a 72 -hour towing notice, the vehicle was stored from time to time
inside the rented storage unit, Mr. Laningham had fixed the tire and placed a
current tag on the vehicle, the vehicle was missing parts and inoperable. He
submitted photographs, various notices and correspondence (Exhibits A-E).
Joyce McQuay and Janice Flenner, Property Owners testified that they were in
the process of evicting Mr. Laningham for nonpayment of rent, there was no
lease, Mr. Laningham rented the unit month to month, he would be evicted at
the end of May. Chairperson Russell asked Code Enforcement Officer Moisdon
if the inoperable vehicle was at the property. He referred to the property
owners. Ms. Flenner responded that as of 5:00 p.m. on this meeting date; the
vehicle was not there. Chairperson Russell informed the Board that since there
was no evidence presented to verify that vehicle was being stored on the
property the Board would need to find this Case was in compliance.
Code Enforcement Board
Meeting Minutes
July 19, 2001
Page 3
Code Enforcement Official Reid testified that Case No. 01-04 was in compliance.
3. Case No. 01-05, Time Concrete Construction, Inc. (8137 Canaveral
Boulevard), Section 14, Township 24 South, Range 37 East, Parcel 518 -
Violation of Section 70-75, Penalty for Failure to Obtain or Renew License
of the Cape Canaveral Code of Ordinances.
Code Enforcement Official Reid testified that Case No. 01-05 was in compliance.
4. Case No. 01-06, Action Lawn Maintenance Landscaping (251 Canaveral
Beach Boulevard), Section 14, Township 24 South, Range 37 East, Lot 5,
Block 4, Canaveral Beach Gardens Subdivision - Violation of Section 70-75,
Penalty for Failure to Obtain or Renew License of the Cape Canaveral
Code of Ordinances.
Code Enforcement Official Reid testified that Case No. 01-06 was in compliance.
5. Case No. 01-07, Scott Clark's Custom Cabinetry (357 Imperial Boulevard -
Bldg. D), Section 15, Township 24 South, Range 37 East, Parcel 816 -
Violation of Section 70-75, Penalty for Failure to Obtain or Renew License
of the Cape Canaveral Code of Ordinances.
Code Enforcement Official Reid testified that Case No. 01-07 was in compliance.
6. Case No. 01-08, Pravin and Tvostna Patel (8050 N. Atlantic Avenue),
Section 23, Township 24 South, Range 37 East, Lots 1-3, Block 13, Avon by
the Sea Subdivision - Violation of Section 94-4 (11), Window Signs of the
Cape Canaveral Code of Ordinances.
Code Enforcement Official Reid testified that this Case was not in compliance.
He submitted photographs of the windows (Exhibit A) in violation of window
signs exceeding 25% allowable by code. He explained that windows could not
exceed 25% of coverage either on the top or the bottom of the windows. Mr.
Reid advised that he spoke with the store manager who was not very anxious to
comply and commented that he would hire an attorney. The Board members
reviewed a photograph of the building (Exhibit A). Brief discussion followed.
Code Enforcement Board
Meeting Minutes
July 19, 2001
Page 4
Motion by Mr. Stewart, seconded by Ms. Hartley to find Case No. 01-08, Pravin
and Jyostna Patel in non-compliance with the Board's Order dated May 17, 2001
because of the following Findings of Fact: The signs protrude more that 25% of
the window areas. Therefore, Pravin and Jyostna Patel are fined $50.00 for the
first day of non-compliance (July 19, 2001) and $25.00 for each and every day
thereafter, until the property is brought into compliance. Vote on the motion
carried unanimously.
7. Case No. 01-09, Navin Patel (8590 N Atlantic Avenue), Section 14,
Township 24 South, Range 37 East, Lot 14, Block 3, Canaveral Beach
Gardens Subdivision - Violation of Section 944 (11), Window Signs of the
Cape Canaveral Code of Ordinances
Code Enforcement Official Reid testified that this Case was in compliance.
PUBLIC HEARINGS
1. Case No. 01-11, BEMOPIN Enterprises, Inc (8519, 8521 & 8523 N Atlantic
Avenue), Section 14, Township 24 South, Range 37 East, Parcels 507 0,
506.0, 504.0 - Violation of Sections 34-97 (a)(1)(2)(6) & (7), Duties and
Responsibilities for Maintenance; and 34-98 (4) & (6) Building Appearance
and Maintenance of the Cape Canaveral Code of Ordinances
Code Enforcement Official Reid testified that the buildings had been in
deplorable condition; a Notice of Violation was mailed on June 18th to the
property owners; a demolish permit was issued and two of the buildings were
demolished; the property owner had advised that larger heavy equipment was
needed to move and clean-up the remainder of the debris; all necessary clean-up
was requested to be completed prior to this meeting date. Mr. Reid submitted
photographs of the property (Exhibit A). Brief discussion followed.
Motion by Mr. Stewart, seconded by Mr. Biederman to find Case No. 01-11 in
Violation as follows:
Findings of Fact: Demolition debris are piled and scattered throughout
the properties.
`Vn, lusiVn Vf Lu.v. BE1:�lOPLTV E1.te1p11JeJ, illi. IJ lr'l V1Vllltioll of Se tion
34-97 (a)(1)(2)(6) & (7), Duties and Responsibilities for Maintenance of the
Cape Canaveral Code of Ordinances.
Code Enforcement Board
Meeting Minutes
June 23, 2005
Page 3
Mr. Stewart recommended that Mr. Jindra find somebody to come into his condominium
to help clean up. Mr. Stewart stated that it may cost approximately $2,500.00 to get it
done, however, with the imposed fines will add up quickly if the problem is not taken care
Of.
The Board heard testimony from fifteen (15) neighboring condominium unit owners
stating that the strong urine odor is so bad in the building and in adjoining units that they
are not able to go out on their own balconies and cannot have family visit; especially if
somebody has allergies. Mr. Still, unit owner, stated that Mr. Jindra makes empty
promises to move out or clean up. Several owners stated that the fines are not sufficient,
and requested a stronger penalty.
Jeff & Darleen Cooper, unit owners, testified that they have owned the unit directly next to
Mr. Jindra for four years. Mr. Cooper stated that the unit is a rental. Mrs. Cooper stated
that the last tenant had to tape the electrical outlets to try to keep the smell out. Mrs.
Cooper further stated that theirs is a direct oceanfront condominium unit and they can't
even stay in it because of the odor. Mrs. Cooper also stated that they cannot rent the unit
and two potential buyers have backed out because of the odor.
Susan Marcusse, property management, testified that the unit next to Mr. Jindra could not
be rented due to the strong odor. Ms. Marcusse stated that she had to evacuate the last
tenant that was placed in there due to unfit living conditions.
Mr. Stewart stated that he would like to see the Board impose the strongest motivation
possible. Mr. Stewart asked for the City Attorney's advice. Anthony Garganese, City
Attorney, stated that the Board has the ability to levy fines, which will have long-term
effects. Attorney Garganese suggested that the Board could request Mr. Jindra hire an
indoor environmental consultant or hygienist to certify that the unit is clean and no longer
poses a threat to the residence to the condominium. Discussion followed.
Motion by Mr. Stewart, seconded by Mr. Hale to remove the original motion as presented.
Vote on the motion carried unanimously.
Motion by Mr. Stewart, seconded by Mr. Godfrey to find Paul Jindra in violation of
Chapter 34 Section 96 and in non-compliance of the Board Order and be fined Two
Hundred and Fifty Dollars a day beginning June 24, 2005 until the issue is brought into
compliance and require the Respondent to hire a certified interior environmental hygienist
to verify to the Board that the ammonia odor is reduced to 0 ppm and the nuisance has
been abated by July 20, 2005. The Board requests that the City take such action to
enforce this order and abate this nuisance. Discussion followed. Vote on the motion
carried unanimously.
2. Case No 01 0008 — Violation of Section 94-4 (11) Window Signage, of the Cape
Canaveral Code of Ordinances (8050 N Atlantic Ave) — Provin & Jyostna Patel,
Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Case History
and presented exhibits for the Board's review. Officer Alexander testified that this Case
was found in Violation on May 17, 2001 and given until June 26, 2001 to come into
compliance. Officer Alexander further testified that an Affidavit of Non -Compliance was
issued and presented to the Code Enforcement Board on July 19, 2001.
Code Enforcement Board
Meeting Minutes
June 23, 2005
Page 4
The Board imposed a fine in the amount of Fifty Dollars ($50.00) the first day and
Twenty -Five Dollars ($25.00) per day thereafter until the Violation is corrected.
Officer Alexander respectfully requested that Pravin & Jyostna Patel be found in non-
compliance of the Board Order dated May 21, 2001 and of Section 94-4 (11) and enter an
Order imposing a fine in the amount of Fifty Dollars ($50.00) for the first day and Twenty -
Five Dollars ($25.00) per day thereafter, until the violation has been corrected. The order
shall include the previous assessed fine to date in the amount of Thirty -Five Thousand
Nine Hundred Twenty -Five Dollars ($35,925.00).
Motion by Mr. Godfrey, seconded by Ms. Russell to accept staffs recommendation and
find Provin & Jyostna Patel in violation of Section 94-4(11) and amend the previous Order
to an amount of One Hundred Dollars ($100.00) per day, commencing on June 24, 2005,
for each day the violation continues to exist. This is in addition to fines accrued prior to
this Amended Order. Discussion followed. Vote on the motion carried unanimously.
PUBLIC HEARINGS:
1. Case No. 05-00042 — Violation of Section 104.1.1 and 105.4 Florida Building
Code - Permits & Inspections, of the Cape Canaveral Code of Ordinances, (425
Tyler Ave.) — Timothy S. McGillicuddy, Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Case History
and presented exhibits for the Board's review. Officer Alexander testified that a site visit
revealed the contractor (Existing Structures, Inc.) had installed a window without a permit.
Officer Alexander further stated that Byron Evetts, P.E., was granted an extension of 30
days to come into compliance.
Officer Alexander respectfully requested that the Board find Timothy McGillicuddy in
violation of Section 104.1.1 and 105.4 Florida Building Code — Permits and Inspections,
of the Cape Canaveral Code of Ordinances and be given until July 21, 2005 to come into
compliance or be fined Fifty Dollars ($50.00) per day until found to be in compliance.
Motion by Mr. Stewart, seconded by Mr. Veins to accept staff's recommendation and find
Timothy McGillicuddy in violation of Section 104 & 105 Florida Building Code and be
given until July 21, 2005 to come into compliance or be fined Fifty Dollars ($50.00) per
day. Discussion followed. Vote on the motion carried unanimously.
ADJOURNMENT:
There being no further business the meeting adjourned at 10:05 P.M.
Approved on this 2'a day of Q'2005.
Mary Russ II, Chairperson
.ivy Lail ie, Board 23ecr etcki y
CITY OF CAPE CANAVERAL
CODE ENFORCEMENT BOARD
MEETING MINUTES
JULY 21, 2005
7:00 PM
A Regular Meeting of the Code Enforcement Board of the City of Cape Canaveral, Florida
was held on July 21, 2005 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral,
Florida.
Chairperson Mary Russell called the meeting to order at 7:00 PM. The Recording
Secretary called the roll.
MEMBERS PRESENT
Mary Russell
Walter Godfrey
Charles Biederman
James Hale
Karen Hartley
Lars Holfve
MEMBERS ABSENT
George Pestik
Craig Stewart
Raymond Viens
OTHERS PRESENT
Duree Alexander
Andrew Fisher
Joy Daine
Todd Morley
Chairperson
Vice Chairperson
1't Alternate
2nd Alternate
Code Enforcement Officer
Assistant City Attorney
Board Secretary
Building Official
The Board members established that the next meeting would be held on August 18,
2005.
City Assistant Attorney Fisher swore in all persons giving testimony.
NEW BUSINESS:
1. Approval of Meeting Minutes: June 23 2005
Motion by Mr. Biederman, seconded by Mr. Godfrey to approve the meeting minutes of
June 23, 2005 as written. Vote on the motion carried unanimously.
COMPLIANCE HEARINGS:
'i /'`aSe A1.+ n� n�nn %.1; ..t:_., _s n__a: _.� OA 144% IAl:.�r _... f�:__�__ .r ll._ n�.�_
i - iicav�. i iV. v i -"v 'v iol0tio i iif Jkihio i 94 i i i j Vyii ii3i3'rii Si -g ia-ge vi the Crape
Canaveral Code of Ordinances (8050 N Atlantic Ave) — Pravin & Jvostna Patel
Property Owner.
z /
Code Enforcement Board
Meeting Minutes
July 21, 2005
Page 2
Code Enforcement Officer, Duree Alexander testified that this Case has been heard, the
Board Order was sent, and the Respondent is still not in compliance. Officer Alexander
stated that Mr. Patel requested to be heard.
Mr. Patel, property owner, testified that he has removed some of the signs in the window
and is requesting more time to come into compliance. The Board questioned Mr. Patel
whether he understood how to come into compliance. Officer Alexander instructed him
how to come into compliance. Mr. Patel stated that he understood. Discussion followed.
Motion by Mr. Holfve, seconded by Mr. Godfrey to find Case No. 01-0008 remains in non-
compliance of the Board Order and no extension is granted. Vote on the motion carried
unanimously.
2. Case No. 02-00212 — Violation of Section 34-98 Building Appearance and
Maintenance, of the Cape Canaveral Code of Ordinances (8200 Astronaut Blvd.)
— Magma Trading Corp. c/o Rudv Hardick Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Case History
and presented exhibits for the Board's review. Officer Alexander testified that Mr. Hardick
is requesting the Code Enforcement Board recommend that Council approve the
satisfaction or reduction of the lien based on the satisfactory completion of the demolition
of the building or the completion of a building permit for rehabilitation of the building within
six (6) months.
Mr. Hardick, property owner testified that he believed he was in compliance based on a
statement from the former Code Enforcement Official, Morris Reid. Mr. Hardick further
stated that he would like the lien to be abolished and stated that he intends to do
something with the building very soon, however he requested that a specific stipulation or
time restraint not be placed in the motion.
The Board expressed their concerns to Mr. Hardick regarding the length of time that the
building has been vacant. Discussion followed.
Motion by Mr. Godfrey, seconded by Ms. Russell to recommended that City Council
approve the satisfaction of lien to take place immediately upon satisfactory completion of
the demolition of the building within six months or upon completion of a building permit for
rehabilitation of the building within six months. Discussion followed. Vote on the motion
carried unanimously.
3. Case No. 05-00043 — Violation of Section 34-96 Standards Established of the
Cape Canaveral Code of Ordinances (605 Shorewood Dr) Paul Jindra
Property Owner.
Code Enforcement Officer, Duree Alexander, requested that the Board withdraw this
Case from the Agenda; due to the fact that the Board Order prepared by the City Attorney
gave the respondent until July 28, 2005 to come into compliance.
Motion by Mr. Hartley, seconded by Mr. Godfrey to withdraw Case No. 05-00043 from the
agenda. Vote on the motion carried unanimously.
Code Enforcement Board
Meeting Minutes
May 25, 2006
Page 2
2. Interview Perspective Board Member Lynn Mars
Lynn Mars stated that he has been a resident of Cape Canaveral for 10 years; he is
retired from NASA, and is interested in serving on the Code Enforcement Board.
Chairperson Russell gave a brief overview of the Board's responsibility. Assistant City
Attorney Latorre asked if all information on the application is true & correct to the best of
his knowledge. Mr. Mars replied that all information is correct to his knowledge and that
there are no conflicts of interests that he is aware of.
Motion by Mr. Godfrey, second by Mr. Stewart, to recommend that City Council appoint
Lynn Mars as a second alternate member to the Code Enforcement Board.
OLD BUSINESS: 1
1. Case No. 01-0008 — Violation of Section 94-4(11) Exemptions of the Cape
Canaveral Code of Ordinances 8020/8050 N. Atlantic Ave. —
rravin & Jvostna
Patel, Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Case history
and presented exhibits for the Board's review. Officer Alexander testified that the
Respondent is not in compliance due to the fact that the windows remain to be 100%
covered in some areas. Officer Alexander further stated that the imposed fines total
$69,325.00 to date.
Mr. Patel, business owner, testified that he has removed some of the signage and is
working to relocate the counter. Discussion followed regarding the relevance of the
counter being moved.
Assistant City Attorney Latorre stated that if the Respondent comes into complete
compliance, than he can file for a satisfaction or reduction of the lien or a settlement for
the lien. Assistant City Attorney Latorre recommended that the Board move to authorize
the City Attorney's office to evaluate the foreclosure action for this Case.
Motion by Mr. Stewart, seconded by Mr. Viens, to authorized the City Attorney to look into
foreclosing on the lien. Discussion followed. Vote on the Motion carried unanimously.
2. Case No. 05-00099 — Violation of Section 104.1.1 and 105.4 Florida Buildinq
Code - Permits & Inspections of the Cape Canaveral Code of Ordinances (216
Polk Ave.) — Timothy J. Seppi Property Owner.
Code Enforcement Officer, Duree Alexander provided an overview of the Violation and
the Case history. Officer Alexander testified that the Respondent is in compliance as of
March 30, 2006.
Officer Alexander respectfully requested that the Board find the Respondent in
compliance and make a recommendation to the City Council to release the lien against
the property located at 216 Polk Avenue in the amount of $1,800.00, minus the
administrative fees of $377.00,
CITY OF CAPE CANAVERAL
COUNCILMEMBER/CITY MANAGER REQUEST/COMPLAINT FORM
/COMPLAINT#
l DATE RECEIVED: -7 EY-2c—
RECEIVED
Y-2LRECEIVED FROM: GA""tz� —
COMPLAINT:
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E�'�
kQl �
REFERRED TO: DATE: /ZBY:
City Mgr
DEPARTMENTAL ACTION TAKEN: 6FbKE TO Oea/vErR int REF: 7i0
/,4Y;,VG Jqe?'�;'OYE
AGReep 8y o(-JiveR C: 3/'4nte-'r-> xorr'c-e of ✓ie%a�'—:e•✓
CITY MANAGER'S COMMENTS:
RETURNED TO REQUESTOR/COMPLAINANT ON:
BY:
Bennett C. Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
(321)868-1222/fax:(321)783-8193 8Q5-0 -N - ,#-rr-9-�7� c
CODE ENFORCEMENT DIVISION
COURTESY REQUEST
TODAY'S DATE: 2 / ' / J,
PROPERTY OWNER(S) NAME: /1( ��/ ► ^f ��4-C L.
PROPERTY OWNER(S) ADDRESS:
LEGAL DESCRIPTION:
LOT BLOCK PARCEL
SEC. TWP. RGE.
SUBDIVISION:
An inspection of the property was performed and the following items need to be
corrected (or) this office received a complaint regarding:
;T,/?�A/ .��� d F" Ei� Gu'•i�'�o
Violation of Chapters: ?4
Section(s):_ �y - AZ g
Bring property into compliance by performing the following:
�R�i Wii�oitf
0,.-J 19a-T-gL ikZT%'NL 0wME2
Within /D
/-�-yVX7 CGEr ✓ice 7 , , �-
days from receipt of this notice.
Code Enforcement Officer Initials: �� Bldg Offcl
cm or
CAVE CANAVERAL
cap 'e 7 `01-00
City of Cape Canaveral
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral, FL 32920
NOTICE OF VIOLATION/TIME FOR COMPLIANCF//NOTICE OF HEARING
ADDRESS OF VIOLATION: 8050 N. Atlantic Avenue, Cape Canaveral
LEGAL DESCRIPTION: LOT 1,2,3 BLOCK 13 PARCEL
SEC. TWP. RGE. SUBD.
TODAY'S DATE: 5-4-01
PROPERTY OWNER(S) NAME: Patel, Pravin and Jyostna
PROPERTY OWNER(S) ADDRESS: 8050 N. Atlantic Avenue, Cape Canaveral
VIOLATION (DESCRIBE): hazardous signs exceeding more than 25% of each window
Violation of Chapters: 94,
Section(s): 94-411
Bring property into compliance by performing the following: reduce all window signs to only 25 % of
each window in the upper or lower half of each window
If corrective action is completed by 5-17-01, then no further action will be taken. If corrective action is
not completed by 5-17-01, then this matter will be scheduled for a Code Enforcement Board
Hearing on 5-17-01, at 7:00 P.M. at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL
32920.
Code Enforcement Officer Initials: DM
VERIFICATION OF NOTICE: I have received this Notice of Violation on this
day of 2001 or Posted on Property ❑ by _
sent reg. Mail ❑ cert. mail 70001670 0007 5233 6685
SignatllrP of Recipient Print Name
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1200 • FAX (321) 799-3170 • fcn.state.fl.us/cape/
e-mail: cape@iu.net
90SO N. Atlantic Ave. C.C.
Each Window signs exceed 25%
of allowable coverage
2-20-01 DM
Eldlt6-i�
■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
P. -Tyo'54VA
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C. Signature
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D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: 4No
3. Service Type
X Certified Mail ❑ Express Mail
❑ Registered ® Return Receipt for Merchandise
❑ Insured Mail ❑ C.O.D.
'iif6oJud;'r��r(�,� 4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number (Copy from service I bel)
'S Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952
qTY OF
CAFE CANAVERAL
City of Cape Canaveral
Certified No. 70993400000830749995
CODE ENFORCEMENT BOARD (PUBLIC HEARING)
FINDINGS OF FACT
CONCLUSION OF LAW fk
Cep
ORDER
Code Enforcement Case No. 01-08
RE: VIOLATION OF THE CAPE CANAVERAL CITY CODE OF ORDINANCES.
The Code Enforcement Board has heard testimony at the Code Enforcement Board
Hearing held on the 17th day of May, 2001, and based on the evidence, the Code
Enforcement Board enters the following FINDINGS OF FACT, CONCLUSION OF LAW
AND ORDER.
FINDINGS OF FACT
Window signs and obstructions are exceeding 25% of the window space causing a
hazardous condition.
CONCLUSION OF LAW
Pravin and Jyostna Patel are in Violation of Section 94-4 (11), Window Signs of the Cape
Canaveral Code of Ordinances.
ORDER
That Pravin and Jyostna Patel shall comply with the aforementioned Section of the City
Code of Ordinances on or before June 26, 2001 by taking the following action:
Remove the signs and any obstructions so they do not protrude more than 25% of the
window areas.
The Order shall further provide that upon compliance, Pravin and Jyostna Patel shall
notify Dave Moisdon, a City Official, who shall notify the Board of compliance.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1200 • FAX (321) 799-3170 . fcn.state.fl.us/cape/
e-mail: cape@iu.net
CODE ENFORCEMENT BOARD (PUBLIC HEARING)
FINDINGS OF FACT
CONCLUSION OF LAW
ORDER
CODE ENFORCEMENT CASE NO. 01-08
PRAVIN AND JYOSTNA PATEL
PAGE 2
However, upon failure to comply by June 26, 2001, there shall be a fine of $50.00 for the
first day of non-compliance and $25.00 per day thereafter, until the property is brought
into compliance, which shall include all costs for fees incurred by city staff. Should the
violation reoccur, upon notice by the Code Enforcement Officer, a fine shall be imposed
in the amount of $25.00 for each and every day until the property is brought into
compliance.
Should a dispute arise concerning compliance, either party may request a further
hearing before the Board.
DONE AND ORDERED this 17th day of May, 2001 at Cape Canaveral, Brevard County,
Florida.
CODE ENFORCEMENT BOARD OF THE
CITY OF CAPE CANAVERAL, FLORIDA
l lf`
Mary Russell
Chairperson
I hereby certify that a true and correct copy of the above and foregoing Order Imposing
Penalty has been furnished by certified mail to the Respondent and/or Respondent's
authorized counsel at 8050 N. Atlantic Avenue, Cape Canaveral, Florida, 32920 on this
21st day of May, 2001.
Susan L. Chapman,
Administrative Secretary
Dave Moisdon, Code Enforcement Officer
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CITY OF CAPE CANAVERAL
Petitioner
vs.
City of Cape Canaveral
Certified No. 70993400000134345985
DAVIT OF NON-COMPLIANCE
CODE CASE NO. 01-08
Respondent
PRAVIN AND JYOSTNA PATEL
The Code Enforcement Board has heard sworn testimony at the Compliance Hearing at
their meeting held on July 19, 2001, and based on the evidence presented by Morris
Reid, Code Enforcement Official for the City of Cape Canaveral, the Board found the
Respondents to be in Non -Compliance with the Board Order dated May 17, 2001 and
therefore, Pravin and Jyostna Patel are fined $50.00 for the first day of Non -Compliance
(July 19, 2001), and $25.00 for each and every day thereafter, until the property is
brought into compliance.
DONE AND ORDERED this 19th day of July, 2001 at Cape Canaveral, Brevard County,
Florida.
CODE ENFORCEMENT BOARD
OF THE CITY OF CAPE CANAVERAL
Walter P. Godfrey Jr.1
Vice Chairperson
I hereby certify that a true and correct copy of the above and foregoing Affidavit of Non -
Compliance and Order Imposing Penalty was mailed by Certified Mail to the
Respondent and/or Respondent's authorized counsel at 8050 N. Atlantic Avenue, Cape
Canaveral, Florida, 32920 on this 20th day of July, 2001. I
—B1_�
Susan L. Chapman
Administrative Secretary
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone (321) 868-1200 . FAX (321) 799-3170 • fcn.state.fl.us/cape/
e-mail: cape@iu.net
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I
AUGUST 3, 2001
CITY OF CAPE CANAVERAL
105 POLK AVENUE
P.O. FOX 326
CAPE CANAVERAL, FL 32920-030''
C321) 868-1200 FAX 719-3170
REF: CODE CASE NO, 01-09 & NO. 01-0;
7n The CITY MANAGER Of Cape Canaveral,
This lette; is wrten in reference to the alleged
Violati-n CODE CASE No, 01 -OB I 01-uq. AFFIDAVIT OF
NON-COMPLTAKCE,
F01 at leOst V40 Pb�L 20 Years my businsFa looatior,
has been well esLablished as a local convenient
in tho Cape Cdnwwaral C rda. The dryangement u my st_
and the continual compliance and conformity to Code should',
certainly show oompliance by having no prior violations,.
In refoyance to ths alleged ordinance violation of
94-4(11) Sign codes which are derived from SIGN CODE 653.
Thesp aro signs accoroding tthe SIGN Ordinance of 6%.
Qecifically. b53.02(8) EXEMPT SIGNS, and in accordance
with the listed definition of "SIGNS" also in thi::,,
section. in part, 053.05 APPLICATION ... OF SIGNS EXCLUDED
STNN5 WHOLLY WITHIN A BUILDING., would also
indicate compliance, In 653,08 CONFORMANCE., would also
indicate my conformanc, by the definition it lists-
T_11.QNS* at ASted in SUPP. NO. 8, CD94:1,tEDTTIOImo. "S
NOTE --Ord. No. a-00, July 18, 2000, amended the code b,,,
repealing forvor hypf-r 04, and adding - new rhaptar 04:,
Fovnsr -hapter 14 pevtdinnd t similar subject nsttor. an!
derived from Code of 1981." RIthat 000 "� Spy
time was thorn a reference to win,�w signs i i 60
CODE.,
I was in compliance then as well as now and if the
code derived from SIGN CODE k5l how come there was n-��,
violation file when this became enacted? Simply becaus,�,
there was NO VIOLATION and no NON-COMPLIANCE issue.
once again, no changes have been made to the interior
of my store prior to these ordinance changes or after.
III eTsforn, 1 would expect these ALLEGED CHARGES AND FINE5
BE DISMI&qED AS NON -APPLICABLE in reference to these CODE
CA%S and concentrate on more serious city issues-.
Thank you in advance for your time and attention t.D
thiF matter,
Respectfully Submitted,
CC: f i I a . a W _�;
{ ql
xt(otA,C I�%e
an v e_rati , 3 zer 20
CERTIFIED MAIL
L'.S. POSTAGE
PAI D
CAPE CANAVERAL.FL
32920
AUG 06.'0!
VNITEOSTATES AMOUNT
POSTAL SERVICE
7000 0600 0024 6432 3223 0000 $3.94
-- --- 00022612-1
RETURN RECEIPT
REQUESTED
cl
40, 9.0-7c 324,
ckloc- C,,,f�ovev-ql
1 20 -d 3 E--�;
City of Cape Canaveral
CITY or
CAPE CANAVERAL
COURTESY REQUEST
3/2004
Pravin Patel,
3465 Big Pine
Melbourne FI 32934
ADDRESS OF VIOLATION: 8050 N Atlantic Avenue
LEGAL DESCRIPTION: 24 -37 -23 -CG -00013.0-0001.
Case # 2004-00015
An inspection of the property was performed or a complaint was made and the following item(s)
need(s) to be corrected within fifteen (15) days to avoid further action as allowed by law.
REQUEST: Section94-4; Exemptions
Chapter 94, Section 4, (11) Exemptions; states that window signs that do not exceed 25 percent of
the total individual glazed area and are placed in the upper or lower half of the individual glazed area are
exempt from permitting. Further, the sales transaction area, as well as any other areas that may be
deemed as necessary for viewing for safety purposes by a law enforcement agency, shall not be
obstructed from view from the outside of the building.
Please remove any and all signage that does not meet the City Code and move the sales transaction
area so that law enforcement may view the enterior of the building without obstruction.
We appreciate your cooperation in this matter.
If you have any questions please call the Building Department - Code Enforcement at (321)868-1222.
ure�nder
Code Enforcement Officer
C:Corporal Brenda Deans, Brevard County Sheriffs Office
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
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
Owner of the property
Patel Pravin
Property location at:
8050 N Atlantic Avenue
Respondent(s):
Shivm Food and General Store, Inc.
C/O Saroj H. Patel R.A.
City of Cape Canaveral
ENFORCEMENT BOARD
;APE CANAVERAL, FLORIDA
s�
Case N
NOTICE OF VIOLATION
o: 200440015
,f
PURSUANT to Section 162.06, Florida Statutes, and Chapter 2 Article VI, of the City of Cape
Canaveral Code of Ordinances, the undersigned Code Enforcement Officer hereby gives notice of
violation(s) of the City of Cape Canaveral Code Ordinances, as more specifically described below.
Respondent(s) is/are hereby notified that corrective action(s) to cure the violation(s) described below
is/are to be voluntarily performed within fifteen (15) days.
In the event that the violation(s) is/are not corrected within the time period set forth above or the
violation(s) recur(s) even if the violation(s) is/are corrected at the time of hearing Respondent(s) may be
required to attend a hearing before the Code Enforcement Board for the City of Cape Canaveral, and a
penalty as provided below may be imposed.
The Code Enforcement Board may enter an order requiring the Respondent(s) to correct the violation(s)
and penalties may be assessed up to $250 per day for each first violation or up to $500 per day for each
repeat violation described in this notice until the violation(s) has/have been corrected. IF THE
VIOLATION(S) IS/ARE CORRECTED WITHIN THE TIME PERIOD REQUIRED, THE RESPONDENT(S)
MUST IMMEDIATELY NOTIFY THE CODE ENFORCEMENT OFFICER AND REQUEST AN
INSPECTION.
1. Property where violation(s) exist(s):
8050 N Atlantic Avenue
2. Name and address of owner(s) of Property where violation(s) exist(s):
Patel Pravin
3465 Big Pine
Melbourne, FI 32934
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
3. Description of violation(s) at Property:
Chapter 94, Section 4, (11) Exemptions; states that window signs that do not exceed 25 percent of
the total individual glazed area and are placed in the upper or lower half of the individual glazed area are
exempt from permitting. Further, the sales transaction area, as well as any other areas that may be
deemed as necessary for viewing for safety purposes by a law enforcement agency, shall not be
obstructed from view from the outside of the building.
4. Recommendations to correct violation(s) described above:
Please remove any and all signage that does not meet the City Code and move the sales transaction
area so that law enforcement may view the enterior of the building without obstruction.
If you have any questions regarding this Notice of Ordinance/Code Violation or the recommendations
contained herein do not hesitate to contact the below signed Code Enforcement Officer at the City of Cape
Canaveral.
W-,�� avle"�a_x_a�
Duree Alexander
Code Enforcement Officer
Date: 3/11/2004
C:
City of Cape Canaveral
WIT OF HAND -DELIVERY
Code Enforcement Case No. 01-08
I, Duree Alexander, Code Enforcement Officer for the City of Cape Canaveral,
hereby certifies that I have hand -delivered the following Code Enforcement
Notice: Non -Compliance & Notice of Hearing, to the following listed
Respondent: Pravin & Jyostna Patel, at the following
address: 8050 N. Atlantic Avenue, Cape Canaveral, Florida on this
Duree
State of Florida
County of Brevard
14th day of June 2005
Enforcement Officer
On this _14th_ day of June 2005, personally appeared Duree Alexander, who is
personally known to me and did not take an oath.
EE*
JOY DAINE
MY COMMISSION # DD 237771
EXPIRES: August 3, 2007
` Bonded Thro Notary Public Underwriters
Nofa Public
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32.920-0326
Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247
www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com
J
z=1-City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
CASE NO.:01-08
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
a
Pravin & Jyostna Patel, HNV
Owner(s) of the Property located at:
%50 u ATL t -ITEC. A%r.
Respondent(s).
Pravin & Jyostna Patel, HNV
NOTICE OF HEARING
A HEARING will be conducted before the City of Cape Canaveral Code
Enforcement Board on the 23 day of June, at 7:00 p.m. or as soon thereafter possible.
The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk
Avenue, Cape Canaveral, FL. 32920.
The Code Enforcement Board will receive testimony and evidence at said
hearing regarding the violation(s) occurring upon the Property of the Respondent(s) as
set forth in the Notice(s) of Violation, attached as Exhibit "A" and shall make a
determination as to whether such violation(s) is/are corrected pursuant to Section
162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code
of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the
hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you
may wish to have legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the
Property to correct any violation(s) by a specific date and that a fine may be imposed
not to exceed Two Hundred and Fifty Dollars ($250.00) per violation for a first violation
or Five Hundred Dollars ($500.00) per violation for a repeat violation, for each day any
violation(s) exist(s) or continue(s) to exist beyond the date the Code Enforcement Board
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveralOcfl.rr.com
fou to correct the violations)
y and any other personal or
can be satisfied by foreclosure and
property.
This penalty, if not paid, will become a lien on the
real property owned by the Respondent(s) which
sale of said Property and/or other personal or real
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY
APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT
BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE
STATE OF FLORIDA. ANY SUCH APPEAL MUST BE FILED WITHIN THIRTY (30)
DAYS OF THE EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN
APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED this 14 day of June, 2005
City of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
Pravin & Jyostna Patel, H/W
Owner(s) of the Property located at:
"R 5 N. 4krt<. ANme.. K Qq .
Respondent(s).
Pravin & Jyostna Patel, H/W
CASE NO.: 01-08
NOTICE OF NONCOMPLIANCE WITH
ORDER OF CODE ENFORCEMENT BOARD
PURSUANT to Section 162.09, Florida Statutes, and Chapter 2, Article VI, of the
City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement
Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that
the violation(s), as more specifically described below has/have not been corrected
pursuant to the entry of an Order by the Code Enforcement Board, dated, May 17,
2001, requiring Respondent(s) to correct such violation(s) as set forth in its Order below
by either (check all that apply): failing to take voluntary action to correct the violation(s)
in the time period provided in the Order XXXX_; or has/have permitted the recurrence
of any repeat violation(s)
1. Property where violation(s) exist(s): 8050 N Atlantic Avenue, Cape Canaveral, FI
32920
2. Name and address of owner of Property where violation(s) exist(s): 8050 N.
Atlantic Avenue, Cape Canaveral, FI 32920.
3. Description of violation(s) at Property: Hazardous sings exceeding more than
25% of each window.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: crapecanaveral@cfl.rr.com
Date
A
r
City of Cape Canaveral
AFFADAVIT OF NON-COMPLIANCE
Case No. 2001-0008
Pravin & Jyostna Patel H/W
3465 Big Pine
Melbourne, Fl 32934
I Duree Alexander, have personally inspected the property at 8020/8050 N Atlantic
Avenue, Avon By The Sea, Lots 1,2,3, & W %2 Of Lot 4 Blk 13, Plat Book 0003, Page
0007.
The property was cited under the City of Cape Canaveral Code Section : Violation of
Chapter 94, Section 4, (11); Exemptions,
This property is not in compliance per a site visit to the property on 05/15/06 Duree
Alexander, Code Enforcement Officer.
An Order Imposing Penalty/Lien was filed by the City against the property and the
respondents were provided a Notice of Hearing for the June 23, 2006 compliance hearing
pursuant to section 162.07, Florida Statutes and Chapter 2, Article V1, of the City of
Cape Canaveral Code of Ordinances.
/ If ou have uytions, please do not hesitate to contact me.
,Code Enforcement Officer
State of Florida
County of Brevard
Sworn to and subscribed before me this date May 16, 2006, by
A 1 e x ,:)A ,r who is personally known to me
-- `. NOTARY PUBLIC -STATE OF FLORIDA
l Susan L. Chapman
N TARY PUBLIC, S ATE OF FLORIDA Commission #DD384306
Expires: MAR. 23, 2009
Bonded Thru Atlantic Bonding Cg, Inc,
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
wwwrayflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
F
CITY OF
CAPE CANAVERAL
RrECITY OF CAPE CANAVERAL
A Florida Municipal Corporation,
Complainant,
V.
Owner(s) of the property located at:
Pravin & Jyostna H/W Patel
Shivm Food & General Store
C/O Navinchandra C. Patel, R. A.
Respondent(s)
Pravin & Jyostna H/W Patel
Shivm Food & General Store
C/O Navinchandra C. Patel, R. A.
City of Cape Canaveral
NOTICE OF HEARING
Case No. 2001-0008
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on the 25th
day of May, 2006 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City of Cape
Canaveral City Hall Annex, 111 Polk Avenue, Cape Canaveral, FL 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the property of the Respondent(s) as set forth in the Notice(s) of Violation,
attached as EXHIBIT "A" and shall make a determination as to whether such violation(s) is/are corrected
pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral
Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since the
proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct any
violation(s). This penalty, if not paid, will become a lien on the Property and any other personal or real
property owned by the Respondent(s) which can be satisfied by foreclosure and sale of said Property
and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A FINAL
ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT AS
PROVIDED BY THE GENERAL LAW OF THE STATE OF EXECUTION OF THE ORDER TO BE
APPEALED. FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
D ED his 15th day of May, 2006
uree Alexander
Code Enforeeme016,f,',8k Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
lene: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
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City of Cape Canaveral
CODE ENFORCEMENT BOARD
(OF CAPE CANAVERAL, FLORIDA
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
V.
Pravin & Jyostna Patel, H/W
Owner(s) of the Property located at:
%50 9 ATLAWT lc. Av.
Respondent(s).
Pravin & Jyostna Patel, HAN
CASE NO.:01-08
NOTICE OF HEARING
A HEARING will be conducted before the City of Cape Canaveral Code
Enforcement Board on the 23 day of June, at 7:00 p.m. or as soon thereafter possible.
The hearing will be held at the City of Cape Canaveral City Hall Annex, 111 Polk
Avenue, Cape Canaveral, FL. 32920.
The Code Enforcement Board will receive testimony and evidence at said
hearing regarding the violation(s) occurring upon the Property of the Respondent(s) as
set forth in the Notice(s) of Violation, attached as Exhibit "A" and shall make a
determination as to whether such violation(s) is/are corrected pursuant to Section
162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral Code
of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the
hearing. Since the proceedings of the Code Enforcement Board are legal in nature, you
may wish to have legal counsel attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the
Property to correct any violation(s) by a specific date and that a fine may be imposed
not to exceed Two Hundred and Fifty Dollars ($250.00) per violation for a first violation
or Five Hundred Dollars ($500.00) per violation for a repeat violation, for each day any
violation(s) exist(s) or continue(s) to exist beyond the date the Code Enforcement Board
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
orders you to correct the violation(s). This penalty, if not paid, will become a lien on the
Property and any other personal or real property owned by the Respondent(s) which
can be satisfied by foreclosure and sale of said Property and/or other personal or real
property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY
APPEAL A FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT
BOARD TO THE CIRCUIT COURT AS PROVIDED BY THE GENERAL LAW OF THE
STATE OF FLORIDA. ANY SUCH APPEAL MUST BE FILED WITHIN THIRTY (30)
DAYS OF THE EXECUTION OF THE ORDER TO BE APPEALED. FURTHER, IF AN
APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED this 14 day of June, 2005
2
City of Cape Canaveral
E ENFORCEMENT BOARD
CAPE CANAVERAL, FLORIDA
CASE NO.: 01-08
THE CITY OF CAPE CANAVERAL,
A Florida municipal corporation,
Complainant,
u
Pravin & Jyostna Patel, H/W
Owner(s) of the Property located at:
INo50 N. ARLAKMcr a vq- .
Respondent(s).
Pravin & Jyostna Patel, H/W
NOTICE OF NONCOMPLIANCE WITH
ORDER OF CODE ENFORCEMENT BOARD
PURSUANT to Section 162.09, Florida Statutes, and Chapter 2, Article VI, of the
City of Cape Canaveral Code of Ordinances, the undersigned Code Enforcement
Officer hereby gives notice to the City of Cape Canaveral Code Enforcement Board that
the violation(s), as more specifically described below has/have not been corrected
pursuant to the entry of an Order by the Code Enforcement Board, dated, May 17,
2001, requiring Respondent(s) to correct such violation(s) as set forth in its Order below
by either (check all that apply): failing to take voluntary action to correct the violation(s)
in the time period provided in the Order _XXXX_; or has/have permitted the recurrence
of any repeat violation(s)
1. Property where violation(s) exist(s): 8050 N Atlantic Avenue, Cape Canaveral, FI
32920
2. Name and address of owner of Property where violation(s) exist(s): 8050 N.
Atlantic Avenue, Cape Canaveral, FI 32920.
3. Description of violation(s) at Property: Hazardous sings exceeding more than
25% of each window.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
Date
City of Cape Canaveral
WIT OF HAND -DELIVERY
Code Enforcement Case No. 01-08
I, Duree Alexander, Code Enforcement Officer for the City of Cape Canaveral,
hereby certifies that I have hand -delivered the following Code Enforcement
Notice: Non -Compliance & Notice of Hearing, to the following listed
Respondent: Pravin & Jyostna Patel, at the following
address: 8050 N. Atlantic Avenue, Cape Canaveral, Florida on this
Duree Alexan
State of Florida
County of Brevard
14th day of June. 2005
Enforcement Officer
On this _14th_ day of June 2005, personally appeared Duree Alexander, who is
personally known to me and did not take an oath.
51:rJOYDAiiNE
'-
MY COMMISSION N DD 237771
EXPIRES: August 3, 2007
� of;,.•
Nola Public Bonded Thm Notary Public Underwriters
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com
DATE: 6/27/2006
;ity of Cape Canaveral
CODE ENFORCEMENT CASE #: 2001-0008
Pravin & Jyostna H/W Patel
3465 Big Pine
Melbourne FI 32934
NOTICE OF COMPLIANCE
LOCATION OF VIOLATION: 8050 N Atlantic Avenue
PROPERTY PARCEL #: 24 3723CG 13 1
The above property was found to be in compliance on June 9, 2006 with the following code violation;
Sec. 94-4; Exemptions
Staff did a site inspection on June 9, 2006 and found the property to be in compliance with the
requirement of the removal of the window signage.
Your cooperation is appreciated. If you have any questions please call Code Enforcement in the
Building Department at (321)868-1222.
Sincerely,
�r
ure
a Aloxandor
Code Fnfpr0prngnt Pff per
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
wwv.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
)AVIT OF HAND -DELIVERY
Code Enforcement Case No. 01-08
I, Duree Alexander, Code Enforcement Officer for the City of Cape Canaveral,
hereby certifies that I have hand -delivered the following Code Enforcement
Notice: AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION, to
the following listed
Respondent: PRAVIN & JYOSTNA PATEL at the following
address: 8050 N Atlantic Avenue, Cape Canaveral, Florida (respondent picked
up at City Hall Building Department) on this
28th day of June 2005
r 9 � Y
Duree Alexander, Code Enforcement Officer
State of Florida
County of Brevard
On this _28th_ day of June 2005, personally appeared Duree Alexander, who is
personally known to me and did not take an oath.
......._.._..,,. 1�� �, NOTARY PUBLIC -STATE OF FLORIDA
...........
l� Susan L. Chapman
...
Ccmrrission #DD384306
Expires, KAR. 23, 2009
Notary Pu iG Bonded Thru Expires:
Bonding Co., Inc.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
wwwrnyflorida.com/cape • email: ccapecanaveral@cfl.rr.com
■ R
of Cape Canaveral
CODE ENFORCEMENT BOARD
CITY OF CAPE CANAVERAL, FLORIDA
FTHEE CITY OF CAPE CANAVERAL, CASE NO.:01-08
A Florida municipal corporation,
Complainant,
V.
Pravin & Jyostna Patel HW
Owner(s) of the Property located at:
8050 N Atlantic Avenue, Cape Canaveral, FI
Respondent(s):
Pravin & Jyostna Patel HW
NOTICE OF HEARING
A HEARING will be conducted before the City of Cape Canaveral Code Enforcement Board on
the 21 day of July, 2005 at 7:00 p.m. or as soon thereafter possible. The hearing will be held at the City
of Cape Canaveral City Hall Annex, 111 Palk Avenue, Cape Canaveral, FL. 32920.
The Code Enforcement Board will receive testimony and evidence at said hearing regarding the
violation(s) occurring upon the Property of the Respondent(s) as set forth in the Notice(s) of Violation,
attached as Exhibit "A" and shall make a determination as to whether such violation(s) is/are corrected
pursuant to Section 162.07, Florida Statutes, and Chapter 2, Article VI, of the City of Cape Canaveral
Code of Ordinances.
You are entitled to testify and present evidence and witnesses in defense at the hearing. Since
the proceedings of the Code Enforcement Board are legal in nature, you may wish to have legal counsel
attend the above referenced hearing.
The Code Enforcement Board may enter an Order requiring the owner of the Property to correct
any violation(s) by a specific date and that a fine may be imposed not to exceed Two Hundred and Fifty
Dollars ($250.00) per violation for a first violation or Five Hundred Dollars ($500.00) per violation for a
repeat violation, for each day any violation(s) exist(s) or continue(s) to exist beyond the date the Code
Enforcement Board
Property and any other personal or real property owned by the Respondent(s), which can be satisfied by
foreclosure and sale of said Property and/or other personal or real property.
AN AGGRIEVED PARTY, INCLUDING THE CITY OF CAPE CANAVERAL, MAY APPEAL A
FINAL ADMINISTRATIVE ORDER OF THE CODE ENFORCEMENT BOARD TO THE CIRCUIT COURT
AS PROVIDED BY THE GENERAL LAW OF THE STATE OF FLORIDA. ANY SUCH APPEAL MUST
BE FILED WITHIN THIRTY (30) DAYS OF THE EXECUTION OF THE ORDER TO BE APPEALED.
FURTHER, IF AN APPEAL IS FILED, THE AGGRIEVED PARTY MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE BOARD'S HEARING IS MADE, WHICH INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
DATED this 12 ay f July, 2005
L
u e Alexander, o e Enforcement Officer
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - SLTNCOM: 982-1222 - FAX: (321) 868-1247
www.myflorida.com/cape - ]email: ccapecanaveral@cfl.rr.com
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA REPORT
AGENDA
Heading
Considerations
Item
6
No.
Memo,
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: PUBLIC WORKS MAINTENANCE BUILDING, CHANGE
ORDER NUMBER ONE IN THE AMOUNT OF $27,929
DEPT/DIVISION: PUBLIC WORKS
Requested Action:
City Council consider Change Order No. 1 for the design and construction of a "waffle slab" to Butler
Construction and an appropriation of Sewer Impact Fees in the amount of $27,929 for the public works
maintenance building, as recommended by the public works director.
Summary Explanation & Background:
See attached:
Memo,
Brown & Caldwell's letter explaining the recommendation and the soil report, and
Miller Legg's review of the soils report.
An appropriation of Sewer Impact Fees in the amount of $27,929 is needed to fund this change order.
I recommend approval.
Exhibits Attached:
Public works director's memo; Brown & Caldwell letter; soil report; Miller Legg letter
City Manager's e
Department PUBLIC WORKS
._ape-ntxA MuuyuucuiueiiL�\ac.uulu\coullcll\meets-ng\6UV/\VS-LU-V/\Waffle Slab.cioc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
a
FROM: Ed Gardulski
Public Works Director
DATE: March 12, 2007
SUBJECT: City Council Agenda Item for March 20th, 2007
Public Works Maintenance Building Change Order 1
The City of Cape Canaveral advertised for Public Works Maintenance Building BID no
06-05 and was published in the Orlando Sentinel and Florida Today on June 26, 2006. In
addition, the BID 06-05 was posted on the City of Cape Canaveral's Web Page. Twelve (12)
firms purchased bid documents. A Pre -Bid meeting was held on July 7`h at 2:00 at the City Hall
Annex. Bids were accepted until 2:00 on July 21st, 2006. On this date, the City received three
(3) Bids. Bid opening was on July 21St 2006 at 2:15 at the City Hall Annex.
Butler Construction of Rockledge, Florida was the low bidder in the amount of $507,777.
On August 15 2006 City Council awarded Bid 06-05 to Butler Construction. As part of the Bid
changes were provided for poor soil conditions. After geotechnical investigation it was
determine that the building slab design should be a "Waffle" type. Brown & Caldwell
Engineering has reviewed the request and has agreed with the change order in the amount of
$27,929. Staff has approved the request. This project is 100% impact fee eligible.
On January 16, 2007, City Council had requested additional information from the
engineering firm Brown & Caldwell in regards to the soil sample testing. Attached is a letter
from Brown & Caldwell stating their position of the engineering scope of services. Staff
requested a second opinion from the City Planner's (Miller Legg) Engineering staff and they
concur that the "waffle slab" is the most cost effective means of construction to meet the
structure requirements need for the soil conditions.
Recommend Change Order 1 to Butler Construction in the amount of $27,929 and
appropriation of the necessary funds.
s
MILLER�'��EGG
March 13, 2007
Via U.S. Postal Service
Ed Gardulski
Public Works Director
City of Cape Canaveral
P.O. Box 326
Cape Canaveral, FL 32920
Re: Cape Canaveral Maintenance Building
Dear Mr. Gardulski:
Thank you for the opportunity to review the engineering report concerning the proposed
maintenance building. I have read through the Cape Canaveral Public Works Butler
Building Slab recommendations and geotechnical report prepared by Universal
Engineering. The recommendations are in concert with similar projects we been
involved with. As for the estimated cost for the slab reinforcement, I would recommend
contacting a structural engineer for verification of costs.
Please note that Miller Legg did not perform any of the work done by Universal
Engineering Services and we are commenting on recommendations of the report as
compared to reasonably similar circumstances. We are not disputing or guaranteeing
the work provided by Universal Engineering Services.
If I can be of further assistance, please do not hesitate to contact me.
Very truly yours,
Marc Stelhi, PE
Associate, Engineering
TP/MS/mch
Attachment(s)
V:\Projects\2004\04-00170 General Planning Svcs\202 - Citizen Phone Calls\Letters\engineercommentsslab.doc
IMPROVING COMMUNITIES. CREATING ENVIRONMENTS.
Central Florida Office: 631 S Orlando Avenue • Suite 200 • Winter Park, Florida • 32789-7122
(407) 629-8880 • Fax: (407) 629-7883
www.millerlegg.com
,(qPEPIJ FAX N0. :3218631233 Dec. 04 2006 04:53PM P1
13U LER CONSTRUCTION COMPANY
GENERAL CONTRACTORS
210 :t LANE
44307 GEE)RGIA AVENLIF. �
WEST PALM BE.ACJL FIDRIDA 33405 RO(XLEDc,DGEE, FLilRIDA 32955
PLEASE REMY To: PHONE: (321) 6324234
ROCKLEAG E oFF1C: & FAX K (321) 632-6331
November 22, 2006
Public Works Department
P.O. Box 326
Cape Canaveral, Florida 32920
Att: Mr. Walter Bandish
Re: Project 129130 Cape Canaveral Maintenance Bldg
Gentlemen:
The "standard" metal building slab design has been changed to a "waffle slab" design as
required by the subsoil investigation made by Universal Engineering. The cost change
value totals $27,929.
Please issue us a change order for this amount and if you have questions contact us
as soon as possible.
u er ClQn(s'truction CTany, Inc.
hn P. Butler, Jr.
Sec. /Treasurer
&tt1er/J&K FAX N0. :6326331 Dec. 13 2004 01:00PM P1
BUTLER CONSTRUCTION COMPANY
GENERAL CONTRACTORS
4807 CDEORGIA AVENUE , 210 HARDER LANE
WEST PALM BEACH, FLORIDA 33405 Rq(W FDOP, FIA)RIDA 32955
PLEASE REPLY TO:
ROCKLEDGE OFF[(:E
December 8, 2006
Public Works Department
P.U. Box 326
Cape Canaveral, Florida 32920
Att: Mr. Walter Bandish
Re: Project 129130 Cape Canaveral Maintenance Bldg
Gentlemen:
FRtNVIL• (321) 6324234
FAX X (321) 632-6331
As per your request the following is a cost breakdown for the slab design changes required by soil
enginccr - Universal Engineering and the structural engineer:
Concrete change added 66cy at perimeter & column spread footings:
Additional perimeter edge forming:
Additional excavation at perimeter and column spread footings:
Additional concrete pumping:
Reinforcing Steel change — added 3.34 tons
Additional "waffle slab" design engineering fee
10% Overhead
10% Contractors Fee
1.2% Bond
Total change cost
$ 9,950
2,950
1,100
1,635
6,017
OW
$22,808
2.281
$25,089
21509
$27,598
331
$27,929
Please issue us a change order for this amount and if you have questions contact us
as soon as possiblc.
utler Construction Com any, lnc.
ohn P. Butler, Jr.
Sec. /Treasurer
UNIVERSAL
ENGINEERING SCIENCES
CansuBaM.s In: Geoiechrical Engineering • Environmentil Sderxs
Comiruct�m Maierial Testing • Thrernold InWctlor
820 Brevard Avenue • Rockledge, Florida $2955
(321) 638-0608 Fax (321) 636.0978
Butler Construction Company, Inc.
210 Hardee Lane
Rockledge, Florida 32555
Attention: Mr. John P. Butler III
Reference: Subsurface Exploration
Proposed Maintenance Building
Cape Canaveral Water Reclamation Facility
j Cape Canaveral, Breverd County, Florida
UES Project No. 31022-007-01 G
September 26, 2006
Da, i3,0
GP
^� e�
Dear Mr. Butler: 05 t15
Universal Engineering Sciences, Inc. (Universal) has completed a subsurface exploration at the
above referenced site in Brevard County, Florida. Our exploration was authorized by you and
T was conducted as outlined in Universal Proposal No. P06 -4265G. This exploration was
performed in accordance with generally accepters soil and foundation engineering practices. No
other warranty, expressed or implied, is made.
The following report presents the resu►ts of our field exploration with a geotechnical engineering
interpretation of those results with respect to the project characteristics as provided to us. We
have included general engineering recommendations concerning sits preparation procedures
and foundation design parameters for the proposed building and our estimates of the typical wet
season groundwater level at the boring locations.
Please note that very soft, compressible clay layers were encountered within the near
surface soils at the ing
recommend that the proposed locations,
I
building be supported un order to nsettlements, we
upon a rigid d nut foundation.
We appreciate the opportunity to have worked with you or, this project and look forward to a
continued association. Please do not hesitate to contact us if you should have any questions, or
if we may further assist you as your plans proceed.
Sincerely yours,
UNIVERSAL ENGINEERING SCIENCES, INC.
Certificate or Authorization No. 548
(/" f'611414k
Andrew S. Wilderotter, E. I.
Project Engineer
6 - client
4:5
Brad Faucett, P.E.
Regional Engineer
Florida Registration No. 33123
TABLE OF CONTENTS
210
PROJECT DESCRIPTION ................................................................................................................ �
|
/ 3.0
PURPOSE ................ ........................................................................................................................ �
� 410
Si7E DESCRIPTION .............................. .............................................................. ........~.......1
41
SOIL SURVEY .......................... .................................... ................. ... ......................... ...... ..... .... -2
4.2
Topommxpwv........................................................ ................ ................................ ... ......... ............ u
' 6.0
SCOPE OF SERVICES ........... 2
6.0
LIMITATIONS^................... .`.......... ......^~.~.....................................2
3
&J 7.0
FIELD METHODOLOGIES ............................ ............ ......................................................................
8.0
LABORATORY METHODOLOGIES ..................... —........ ......... .'-.~-.............. -......... .......
''�
J 8.1
P*snmusSuE Am^LYmIS.-........................................................... ..................... ....... -................. 3
8.2
0noem/cCONTENT TESTS ................................................................................................. ................ *
� 9.0
SOW- STRATIORAPHY _-__---_--_-.____-._----'---'-------. 4
_
10.0
GROUNDWATER CONDITIONS ...................................................................................................... 4
| 10.1
EXISTING GROUNDWATER CONDITIONS ............... ............... ........ .......... ........................ -............ -4
| 10.2
TYPICAL WET SEASON Gmouwmvw*rsnLEVEL .................. .......... ............. ...... ..... ------- --5
11'0RESULTS
� �� -----..~---'-----'_. _----'-'—'-------' 5
\
� 111
PARTICLE Sim ANALYSIS .... ....... - ........ -............................ .......... .... ............ .... .... ..... . ........ 5
11.2
ORGANIC CONTENT TESTS ......................................... ........................... .......... ........................... -5
12.0
PROPOSED MAINTENANCE BUILDING ....................... ...................... ................. _................ .�
' 12.1
Am^LvSIo---------------- ----- --' ................ -. ---.
12.2
.......................... .................... .......... ................... ............ .... -.... -....... ...
12.3
SITE PRcpvRAT1mmPROCEDURES ...................... .................................................. ............... .............
^ 13.0
AWXULARY STRUCTURES ........................................... ....... ......................... ............................... m
} 14.0
SEWER AND UTILITY LINES ........................... ............... ..................... ...,.... ......... n
' 14]
GFwEnAL RECOMMENDAMONS ......................... ----------. 8
14.2
SITE PREPARATION PROCEDURES ..................... ................................... --------------'. 8
15.0 EXCAVATIONS ........................... -~~^......... ................. ........................ ......................... ... .......... V
LIST OF TABLES
Table 1: Generalized4
�mU�roO�------.---~—. ----'--,--------—�
Table ll-. Organic Content Test ReauK3...................................................................
—� —~
FIGURES
County Soil Figurel
HG . .~---------..--------------.--
°'^� --� '� '-------------_--.F�unm2
uSx�S Topographic ""pp.-----------^^^--� Figure
Exploration Location Plan ........................ ................. ....... --........ ......... .........
APPENDICES
Key to BoA
�n�Lu~a —�''------------~Appendix
~----.—~—^^~'---^—
——^—� � ~-----�ppand�A
Boring Logs ----------.—_----__—~—,_---,_—_
EXHIBITS
` Exhibit
qP1
CCVVWrP Maintenance Building UES Protect No. 31Q22.007-01
Cape Canaveral, Brevard County, Florida Subsurface Exploratk)n
1.0 INTRODUCTION
Universal Engineering Sciences, Inc. (Universal) has completed the subsurfaoe exploration for
the proposed Cape Canaveral Water Reclamation Facility Maintenance Building �n Cape
Canaveral, Florida. This exploration was authorized by Mr. John Butler ill, Vice President of
Butler Construction Company, Inc., and was conducted as outlined in Universal Proposal No.
P064265G. This exploration was performed in accordance with generally accepted soil and
foundation engineering practices. No other warranty, expressed or implied, is made.
2.0 PROJECT DESCRIPTION
Universal understands from review of partial site pians submitted by the client that the proposed
project will include the construction of a maintenance building at the Cape Canaveral Water
Reclamation Facility in Cape Canaveral, Florida. The proposed building will be a one-story
structure covering a plan area of approximately 9,600 square feet. We assume that the
stormwater runoff from the new impervious surfaces will be collected within existing stormwater
management areas.
`] We assume that the proposed construction will consist of a combination of reinforced concrete,
masonry and steel framing. Specific structural details are not yet available; however, based on
our previous work with similar structures, we assume that maximum loading conditions will be
on the order of 70 kips per column, 4 kips per lineal foot for structural walls, and 150 pounds per
square foot for on grade floor slabs. We understand that the finished first floor level of the
proposed building will be at approximate elevation +6.75 feet NGVD, roughly 1 to 2 feet above
existing grades.
If any of the above information is incorrect or changes prior to construction, please contact
Universal immediately so that we may revise the recommendations contained in this report, as
necessary, In order to verify that our recommendations are properly interpreted and
implemented, Universal should be allowed to review the final design and specifications prior to
the start of construction.
3.0 PURPOSE
The purposes of this exp!oration were:
• to explore and evaluate the subsurface conditions at the site with special attention to
potential problems that may hinder the proposed development,
to provide our estimates of the typical wet season groundwater level at the boring
locations and
to provide geotechnical engineering recommendations for site preparation procedures
and foundation design parameters for the proposed building.
4,0 SITE DESCRIPTION
The subject site is located within Section 15, Township 24 South, Range 37 East in Brevard
County, Florida. More specifically, the site is located on the southwest corner of Thurm
Boulevard, as shown on the attached f=igure 2, in Cape Canaveral, Florida. At the time of
CCWWTP Maintenance Building UES Project No. 31022-007.01
Cape Canaveral, Brevard County, Florida Subsurface Exploration
drilling, the site majority of the site was oocupied by an existing wastewater treatment plant. The
Banana River is located to the south and west of the proposed building site.
4.1 SOIL SURvEY
The majority of the site soils are mapped as Urban land (Ur) and Galveston -Urban land complex
(Ga) according the Brevard County Soil Survey (BCSS) issued November, 1974. Canaveral
complex (Ca) is described as nearly level to gently sloping sods that are mixtures of sand and
shell that has been dredged from the Indian and Banana Rivers, deposited on tidal marshes and
swamps, then leveled and smoothed_ A copy of a portion of the BCSS is included as Figure 1.
4.2 ToPocRAPHY
According to information obtained from the United States Geologic Survey (USGS) Cape
Canaveral, Florida quadrangle map dated 1976, and partial topographic information provided by
the client, ground surface elevation across the site area ranges from approximately +5 to +6 feet
NaWnal Geodetic Vertical Datum (NGVD). A copy of a portion of the USGS Map is included as
Figure 2-
5.0 SCOPE OF SERVICES
The services conducted by Universal during our subsurface exploration program are es follows:
• Drill five (5) Standard Penetration Test (SPT) borings within the proposed building footprint
to depths of 15 and 25 feet below existing land surface (bis).
• Secure samples of representative soils encountered in the soil borings for review, laboratory
analysis and classification by a Geotechnical Engineer.
• Measure the existing site groundwater levels and provide an estimate of the typical wet
season groundwater level.
• Conduct laboratory testing on selected soil samples obtained in the field to determine their
engineering properties.
• Assess the existing soil conditions with respect to the proposed construction.
• Prepare a report which documents the results of our subsurface exploration and analysis
with geotechnical engineering recommendations.
6.0 LIMITATIONS
This report has been prepared in order to aid the client/engineer in the design of the proposed
Cape Canaveral Water Reclamation Facility Maintenance Building in Cape Canaveral, Florida.
The scope is limited to the specific project and locations described herein. Our description of the
projects design parameters represents our understanding of the significant aspects relevant to
soil and foundation characteristics. In the event that any changes in the design or location of the
structures as outlined in this report are planned, we should be informed so the changes can be
reviewed and the conclusions of this report modified, If required, and approved In writing by
Universal.
I
CCYVWTP Maintenance Bulldina UFS Prr�jecr No. 31022-007-01
Cape Canaveral, Brevard County, Florida Sub.urfece Exploratia^,
The recommendations submitted in this report aro based upon the data obtained from the soil
borings performed at the locations indicated on the Exploration Location Pian and from other
information as referenced. This report does not reflect any variations which may occur between
the boring locations. The nature and extent of such variations may not become evident until the
course of construction. If variations become evident, It will then be necessary for a re-evaluation
of the recommendations of this report after performing on-site observations during the
construction period and noting the characteristics of the variations. This report does not reflect
the full vertical and horizontal extent of soft clay layers encountered at this project and,
therefore, this report should not be used for estimating such items as cut and fill quantities.
All users of this report are cautioned that there was no requirement for Universal to attempt to
locate any man-made buried objects or identify any other potentially hazardous conditions that
may exist at the site during the course of this exploration. Therefore no attempt was made by
Universal to locate or identify such concerns. Universal cannot be responsible for any buried
man-made objects or environmental hazards which may be subsequently encountered during
construction that are not discussed within the text of this report We can provide this service if
requested.
For a further description of the scope and limitations of this report please review the document
j attached within Exhibit 1 'Important Information About Your Geotechnical Engineering Report'
prepared by ASFE/Professional Firms Practicing in the Geosciences.
7.0 FIELD METHODOLOGIES
The five (5) SPT borings, designated B1 through 135 on the attached Figure 3, were performed
in general accordance with the procedures of ASTM D 1588 (Standard Method for Penetraticn
Test and Split -Barrel Sampling of Soils). The SPT drilling technique involves driving a standard
split -barrel sampler into the soil by a 140 pound hammer, free falling 30 inches. The number of
blows required to drive the sampler 1 foot, after an initial seating of 6 inches, is designated the
penetration resistance, or N -value, an index to soil strength and consistency. The soil samples
recovered from the spat -barrel sampler were visually inspected and classified in general
accordance with the guidelines of ASTM D 2487 (Standard Classification of Soils for
Engineering Purposes [Unified Soil Classification System]),
The SPT soil borings were performed with a truck mounted drilling rig. Universal located the test
borings by using the provided site plan and measuring from the existing on-site landmarks using
a cloth tape. No survey control was provided on-site, and our boring locations should be
considered only as accurate as implied by the methods of measurement used. The approximate
boring locations are shown on the attached Figure 1.
8.0 LABORATORY METHODOLOGIES
8.1 PARTICLE SIZE ANALYSIS
We completed #200 sieve particle size analyses on five (5) representative soil samples. These
samples were tested according to the procedures listed ASTM D 1140 (Standard Test Method
for Amount of Material in Soils Finer than the No. 200 Sieve). The percentage of materials
passing the #200 sieve is shown on the attached boring log.
CCWWTP Maintenance SuA ing UES Project No 31022-007-C,
Cape Canaveral. 8mvard County, Florida subsurface Exploration
8-2 ORGANIC CONTENT TESTS
We performed two (2) organic content tests in accordance with ASTM D 2974 (Standard Test
1 Methods for Moisture, Ash, and Organic Matter of Peat and Other Organic Soiis). The samples
were obtained from boring locations Bt and 134 at depths of roughly 4 to 8 feet bis. The results
of these tests are found in the laboratory results section of this report,
9.0 SOIL STRATIGRAPHY
-1 The results of our field exploration and laboratory analysis, together with pertinent information
1 obtained from the SPT borings, such as soil profiles, penetration resistance and stabilized
groundwater levels are shown on the boring logs included in Appendix A. The Key to Boring
Logs, Soil Classification Chart is also included in Appendix A. The soil profiles were prepared
from field logs after the recovered soil samples were examined by a Geotechnical Engineer.
The stratification lines shown on the boring logs represent the approximate boundaries between
soil types, and may not depict exact subsurface soil conditions. The actual soil boundaries may
be more transitional than depicted. A generalized profile of the soils encountered at our boring
locations is presented below in Table I. For detailed soil profiles, please refer to the attached
boring logs.
J TABLET
al!NERALIZED SOIL PROFILC
D�ptttr :.
ApproxitNats
En000ntsred
1�11icNirl�avN
()eticripdon
fit, lots)
(feet)
!
Fine sands (SP), fine sands with silt [SP -SM), broken shell and ;
Surface
3 to 7
clayey sand pockets (hydraulic fill), very 10090 to medium dense.
Sandy clay [CHI with traces of organics, very soft. This
3 to 7
2 to 6
stratum is overlainlreplaced by very loose clayey fine sands at
boring locations 82 and B5.
Clayey fine sands [SC], fine sands with silt [SP-SMl and broke❑
6 to 9
16+
i shell, very loose to medium dense.
NOTE: l I denotes Unfied S90 Classification system designation.
+ indicates $W1 encountered at boring terminOW0. Wtat thickness undelermine�-.
10.0 GROUNDWATER CONDITIONS
10.1 EXISTING GROUNDWATER CONDITIONS
We measured the water levels in the boreholes on September 22, 2006 after the groundwater
was allowed to stabilize. The groundwater levels are shown on the attached boring logs. The
groundwater level depths ranged from 2.7 to 3.7 feet bis at the boring locations. Fluctuations in
groundwater levels should be anticipated throughout the year, primarily due to seasonal
variations in rainfall, surface runoff, and other factors that may vary from the time the borings
were conducted.
CCWWTP Maintenance Building UES Project urf 31022 -OCT -01 xpk)reio
l Cape Canaveral, Brevard County, Florlda Subsurface Exploretio»
I 10.2 TYPICAL WET SEASON GROUNDWATER LEVEL_
The typical wet season groundwater level Is defined as the highest groundwater level sustained
for a period of 2 to 4 weeks during the "wet" season of the year, for existing site conditions, in a
year with average normal rainfall amounts. Based on historical data, the rainy season in Brevard
County, Florida is between June and October of the year. In order to estimate the wet season
water level at the boring locations, many factors are examined, Including the following:
_ a. Measured groundwater level
l b. Drainage characteristics of existing soil types
J C. Season of the year (wet/dry season)
d. Current & historical rainfall data (recent and year-to-date)
1 e. Natural relief points (such as lakes, rivers, swamp areas, etc.)
J f. Man-made drainage systems (ditches, canals, etc.)
g. Distances to relief points and man-made drainage systems
h. On-site types of vegetation
i, Area topography (ground surface elevations)
Groundwater level readings were taken on September 22, 2006. According to date from the
Southeast Regional Climate Center and the Natiortial Weather Service, the total rainfall in the
previous month of August for Central Brevard County was 6,9 inches, approximately 1.1 inches
above the normal level for August. The total year to date rainfall was 31.7 Inches, approximately
4.6 inches below the normal. Based on this information and factors listed above, we estimate
that the typical wet season groundwater levels at the boring locations will be 1 foot above the
existing measured levels or roughly 1% to 2'h feet bis. Please note, however, that peak stage
elevations immediately following various Intense storm events, may be somewhat higher than
the estimated typical wet season levels.
1 11.0 LABORATORY RESULTS
11.1 PARTICLE SIZE ANALYSIS
The soil samples submitted for analysis were classified as fine sands with silt [SP -SMI, clayey
fine sands [SCI and sandy clays [CH]. The percentage of soil sizes passing the #200 sieve size
are shown on the boring logs at the approximate depth sampled.
11.2 ORGANIC CONTENT TeSTS
The results of the organic content tests are displayed below in Table II.
TABLE II
ORGANIC CONTENT TEST RESULTS
Boring
Approxdr»ate Sample Depth
Moisture Content (%)
-9
Organic Content (�)
ll ocation ` '
(friat, bis) .
gt
7to8
69.4
5.7
gel
4 to 5
69.3
8.3 4
CCWWTP Matnteriance Building UES Project No. 31022-007-67
Cape Canoverai, Brevard County, Florida Subsurface Exploration
1 12.0 PROPOSED MAINTENANCE BUILDING
12.1 ANALYSIS
If the proposed structure was to be supported on a conventional shallow foundation system,
then considerable differential settlements would probably occur due to the compression of the
soft clay layers encountered between the depths of roughly 3 to 9 feet bis. However, these
differential movements could be minimized by a stringent program of densifying the existing
surflcial sandy soils and subsequent structural fill and then supporting the building on a rigid mat
foundation.
_ The following recommendations are made based upon a review of the attached soil test data,
our understanding of the proposed construction, and experience with similar projects and
subsurface conditions. If the structural loadings, building locations or grading plans change from
those discussed previously, we request the opportunity to review and possibly amend our
recommendations with respect to those changes.
12.2 RECOMMENDATIONS
With a structural mat foundation all the building lopds are spread out over the entire footprint,
"bridging over" isolated soft or deleterious pockets and thereby reducing the differential
settlement within the building and accommodating a lower soil contact pressure. A structural
mat foundation can consist of a heavily reinforced concrete slab, often in a "waffle" layout of
grade beams and the structural floor slab, or a post -tensioned structural mat. Any areas with
heavy concentrate loads should be thickened and receive extra reinforcement.
f Provided that existing subsoils and any subsequent fills are prepared as listed below, we
recommend that a modulus of subgrade reaction "K" of 100 pounds per cubic inch be used in
1 mat design. For additional soil confinement we recommend that mat edges be thickened with a
"turn -down" section which extends of least 18 inches below the bottom of the remainder of the
mat. The top of mat level can also serve as the building floor slab.
I The entirety of the proposed structure should be supported upon an individual foundation mat
and should be structurally Isolated from the adjacent auxiliary structures (e,g. equipment pads,
walkways, driveways, etc), to prevent distress due to differential movements. The foundation
mat of the building should be designed to "bridge over" unsupported lengths of up to five feet
throughout the building envelope.
Assuming existing soils and added structural fill soils are prepared and foundation mats
designed according to our recommendations, we estimate maximum total vertical settlements of
the proposed building will be less than 1% inches and maximum differential settlements will be
less than %: inch. Most of the expected settlement will take place soon after the structural loads
have been applied to the densified existing soils.
CCVWITP Maintenance Bullding UES Projoct No, 31022-007-01
Cape Canaveral, Brevard County. Florida Subsurface Exp/oration
12.3 SITE PREPARATION PROCEDURES
Following is a list of our recommended site preparation procedures to prepare the site for the
proposed maintenance building construction,
1. Strip footprint of the proposed building, plus a minimum margin, of at least ten feet beyond
foundation lines, of any existing vegetation, roots, old pavements, foundations, debris,
rubble, muck, etc. Any collapsible or leak prone utilities should be completely removed from
within the location of the proposed building.
It has been our experience that the subsoils adjacent to previously developed areas
sometimes contain pockets of buried rubble, muck, debris or other deleterious materials.
Therefore, we strongly recommend that the excavated surface be observed and probed by
representatives of Universal. Any deleterious matter remaining should be removed and
replaced with clean fine sands [SP] as recommended below.
2. Subsurface soils including the ten feet margin should be densified to at least 95 percent of
the Modified Proctor test maximum dry density (ASTM D 1557, Laboratory Compaction
Characteristics of $oil Using Modified Effort (56;000 ft-Ibffft3 (2,700 kN-m/m3))) to at least 12
inches below the stripped surface.
3. if vibratory equipment is used to compact fill, then we recommend using vibratory rollers
weighing less than 1 ton within 20 feet of existing structures, less than 2 tons within
distances of 20 to 40 feet, and less than 6 tons beyond 40 feet. The use of heavier
equipment may damage existing neighboring structures. Otherwise static rollers weighing
more than 5 tons should be used.
4. Proof -roll the exposed subsurface soils under the observation of Universal, to locate any
1 unforeseen soft areas of unsuitable soils, and to increase the density of the shallow loose
fine sand soils. Each pass should overlap the proceeding pass by roughly 30 percent to
Insure complete ooverage. If deemed necessary by Universal, in areas that continue to
"yield", remove any deleterious materials and replace with approved backfill.
5. Depending upon weather conditions, or other factors, the addition or removal (dewatering)
of water may be necessary to aid oompactive efforts. Please note that there may be
spqMd[g_Oa)Mypockets within the near surface soils that may Leauirg considerably more
comoacdve efforts. than Qlegln fine sand soils.. Additional passes with compaction equipment
or over excavation and replacement in compacted layers may be necessary if the minimum
density requirements are not achieved.
6. Fill to bottom of mat foundation grades as necessary with select structural fill, placed in
maximum 10 Inch loose lifts; we recommend using clean fine sands [SP] as described
above. Each lift of structural fill should be densified to at least 95 percent of the Modified
Proctor test maximum dry density of the soil (ASTM D 1557) and tested for compaction and
approved before the placement of subsequent lifts.
7. Foundation and utility excavations and other construction activities frequently disturb
compacted subsoils to various depths; therefore, compaction beneath the foundation mat
should be verified to a depth of 1 foot immediately prior to the placement of reinforcing steel
i CCKWI"P Maintenance ,Building UES Project No, 31022-007-C�
Cape Canaveral, Brevard County, F=lorida Subsurface Exploration
i
and concrete, and should meet at least 95 percent of the Modified Proctor test maximum dry
l density of the soil (ASTM D 1557).
8. Field density tests should be performed by Universal at appropriate times during earthwork
operations in order to verify that the compaction requirements have been satisfied. These
tests should be performed after compaction of the existing soils, after placement of each lift
of structural fill, and beneath all concrete slab -on -grade locations.
13.0 AUXILARY STRUCTURES
To minimize the settlements within the proposed auxiliary structures (e.g. walkways, equipment
pads, decks, driveways, etc) at this project, we recommend a site preparation procedure as
-� listed in the previous section. During the excavation of any foundations or other buried
structures, any soft/clayey pockets encountered within two feet of the bottom of the structure
should be over excavated and replaced with clean fine sands [SP] compacted to at least 95% of
the modtfled proctor test (ASTM D-1557).
14.0 SEVVER AND UTILITY LINES
14.1 GENSRAL RECOMMENDATIONS
We assume that proposed sewer and other utility lines at the site may have invert elevations
roughly 2 to 4 feet below existing grades. Based on the results of the soil borings and our
general knowledge of the area, we believe there may be soft/clayey pockets at this invert level.
If encountered such soft/del0tarlous layers should be over excavated and replaced wi h
compacted aR rov ktag!01 to mcre adeaualtely support the proposed pipelines and help
preclude any future settlements.
14.2 SITE PREPARATION PROCEDURES
The following Is our recommended procedures to prepare the site soils for construction of the
proposed utility lines.
1. Install a dewatering system capable of maintaining a groundwater level at least 2 feet below
bottom of pipe level.
2. Excavate and install the proposed utility lines. Any soft/deleterious soils encountered at'pipe
bedding level should be examined by representatives of Universal for possible removal and
replacement with approved backfill as previously discussed. All replacement soils should be
compacted to at least 98 percent of the Modified Proctor test maximum dry density (ASTM
0 155 7) with small vibratory plates or rollers.
3. Backfill to grade with approved fill placed in 12 inch loose lifts with each lift compacted, with
vibratory rollers or plates weighing less than 4 tons, to at least 98 percent of the Modified
Proctor test maximum dry density (ASTM D 1557).
Backfill above and around thrust blocks should be compacted at least 98 percent of Modified
Proctor test maximum dry density (ASTM D1557). For a design criteria, we recommend using
an allowable passive earth pressure coefficient of Kp=3.0.
CCWWTP Maintenance Building UES Project No. 3'02.2-007-G1
l Cape Canaveraf, Brevard County, Florida Subsurface Expforatior
15.0 DEWATERING
Based on the water level conditions encountered, control of the groundwater rnay be requlred to
achieve the necessary excavation, construction, backfilling and compaction requirements
presented in the preceding sections. Regardless of the method(s) used, we suggest drawing
down the water level at least 2 to 3 feet below the bottom of the excavations to preclude
"pumping" and/or compaction related problems with the foundation andlor subgrade soils. The
actual method(s) of dewatering should be determined by the contractor.
1 Dewatering should be accomplished with the knowledge that the permeability of soils decreases
I with increasing silt [ML] and/or clay [CLI content. Therefore, a silty fine send [SM] is less
permeable than a fine sand [SPI. The fine sand, fine sand with silt and silty fine sand [SP, SP -
SM and SMI soil types can usually be dewatered by well pointing.
J it should be noted that the typical wet season groundwater levels previously listed may be
temporarily exceeded during any given year in the future. Should impediments to surface water
drainage exist on the site, or should rainfall intensity and duration, or total rainfall quantities
exceed the normally anticipated rainfall quantities, groundwater levels may exceed our seasonal
high estimates. We recommend positive drainage be established and maintained on the site
during construction. We further recommend perrne+hent measures be constructed to maintain
positive drainage from the site throughout the life of the project. We recommend that the
contract documents provide for determining the depth to the groundwater table just prior to
construction, and for any required remedial dewatering.
16.0 EXCAVATIONS
Excavations should be sloped as necessary to prevent slope failure and to allow backfilling. As
a minimum, temporary excavations below 4400t depth should be sloped in accordance with
OS14A regulations (29 CFR Par 1926) dated October 31, 1989. Where lateral confinement will
not permit slopes to be laid back, the excavation should be shored in accordance with OSHA
requirements_ During excavation, excavated material should not be stockpiled at the top of the
slope within a horizontal distance equal to the excavation depth. Provisions for maintaining
workman safety within excavations is the sole responsibility of the contractor.
17.0 SPECIAL CONSIDERATIONS
Vibrations produced during vibratory compaction operations at the site may be significariby
noticeable within 1 t)0 feet and may cause settlement distress of adjacent structures if not
properly regulated. Therefore, provisions should be made to monitor these vibrations by
Universal so that any necessary modifications in the compaction operations can be made in the
field before potential damages occur. In addition, the conditions of the existing adjacent
structures should be ascertained and documented prior to vibratory operations. Slight cosmetic
damage (e.g. hairline cracks In stucco, plaster, or masonry) may occur in conjunction with:
compaction operations,
18.0 CLOSURE
The soil and groundwater conditions encountered during our subsurface exploration of the
property and the results of the laboratory analysis identified no problems that will significantly
hinder development of the proposed project, as we currently understand it, using conventional
CCWINTP Maintenance Building UES Project No. 31022-00T-01
Cape Canaveral, 8mverd County: Florida Subsurface Exploration
construction practices. Standard methods of surficial stripping, excavation, proof roiling,
compaction and backfilling should adequately prepare the site.
j The geotechnical engineering design does not and with the advertisement of the construction
documents. The design is an on-going process throughout construction. Because of our
familiarity with the site conditions and the intent of the engineering design, we are most qualified
to address site problems or construction changes, which may arise during construction, in a
timely and cost-effective manner.
We recommend the owner retain the Universal Rockledge office to provide inspection services
during the site preparation procedures for confirmation of the adequacy of the earthworm
operations. Field tests and observations include verification of foundation and pavement
jJ subgrades by monitoring proof -roiling operations and performing quality assurance tests of the
placement of compacted structural fill and pavement courses.
.,.qc •• .••L •-Y'R1T`r'.v m.ti a, ,C.` .�.�R. $ �, � >r. �.. .: � _ A - "b"�2 .,` -
V, T.
? II
K. .�7F } �v:�•�'"`,,�►'eE�it� �'t:�'irr.�+..s...:„�-n�+r� �,�y" sem.>, � x.:a:;'
.-
y
���^�(�.�'v"�R "4'.,=+4Ra.'�i�c:tc: �'OS".^7'4�`'�'' ...•���''a`* .: ', �+.F`.°it': �,ti
M
-'. WR�:l
4-,�4 - M.,,
ti
.: '` �j]�' i ' ;i� �,`•' `�} x,C�`, t i r_ r .kyr
LP
41 p
EXISTING
SUILD/NGS
EXISTING
EFFLUENT
HOLDINGIFLOW
TANK
► { i
i EXISTYNG i
ASPHALT
DRIVE I
i�
I ,
►
B1 B2 j
f '
B3
84
APPRCV7 MATE
EDGE OF WATER PROPOSED EXISTING
MAINTENANCE FENCE
BUILDING
LEGENG
! STANDARD PENETRATION TEST BORING
NOTES
2
11 BORINGS WERE PERF--RMEC) ON THE 16TH OF SEPTEMBER, 2006.
2] EXPLORATION LOCATION PLAN IS BASED ON DRAWING PROVIDED BY CLIENT.
31 GROUNDWATER LEVEL MEASUREMENTS WERE TAKEN ON THE 22ND OF SEPTEMBER, 2006.
UNIVERSAL
uicwccnec Emm
PROPOSED MAINTENANCE BUILDING
CAPE CANAVERAL WASTEWATER TREATMENT PLANY
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA
EXPLORATION LOCATION PLAN
°' ,.w.V. 25 SEP 06 x CKE0 °� A.S.W. ' c 25 SEP 06
1ft 50' 31022-007-01 1 WAM"o F•GURE S
KEY TO BORING LOGS
SOIL CLASSIFICATION CHART*
Sand or Gravel ISP, SW GF, GWj
Sand or Gravel with Slit
Or Cloy pp-sm.sp-SCI
uj
Siq or Clayey
a, r
Gravel C, GM,Gcj
.
V)
HIGHLY ORGANIC 5011-:5
VVELL-OPIADPO
SANDS law,
N
0
WELL -GRADED
(GY71
2 so
F-777,
1.7
z
IjML,CL-ML,CI,XH,CH,
Sand y or Ckovely slit or CIA
0LoA
1IR TO
LNIC ILT'v CLA"
ow p
Sift Or Clay with Sand or Gravel
(ML.CL-ML.CL.MN,Ch,OL,OH j
85
JCp I
(CL444
Silt or
jML:c6uxCL.UH,CN,0L,0H)
100
UNIVERSAL
ENGINEERING
SCIENCES, INC.
0 m
mammas ONE
GROUP NAME AND SYMBOL
COARSE GRAINED SOILS
FINE GRAINED SOILS
HIGHLY ORGANIC 5011-:5
VVELL-OPIADPO
SANDS law,
L -W-1111111
%
WELL -GRADED
(GY71
IWAGNOC SILTS
! SLIG T"snamy
wo"'
F-777,
OROAW lkt&GAYS
L0W0LASTTC1rYJ0L)
SANDS (SPI
POORLY-GRADeD
o"Vek.5
LNIC ILT'v CLA"
ow p
C)RGAN:C KT5;FGH 6AyV
MEDIUM TO H:GM
JCp I
(CL444
FL.ASTICIYT
=I- Y -GRADED
"TN SILY
PODAL '1=01.7
GRAYt L
INORGANIC CLAYS
LOW
PEA'_ 1111UMIJS, $"AMP %Q1,5
T. cwop;�Awc
FLA 5TICITY ICLI
CONTENTS f"',
y, y-
POORLY-0RgDED
&ANDS WITH CLAY
PP -SCJ
EM
FOORLY,01RIA1150
GRAVE LS ,. C"',
lop -4c)
NDPWANIC SILTS HIGH
IIMASTICiTY (MH(
ug
SILTY 5^0I0*
Ism
a D
SILTY GRAVELS
joiq
INCIRGANIC CLAYS HIGH
FLASMIT-f (C NJ
CLAYEY SA 68i
f3cl
CLAYEY GRA V"
tGcj
SILT' CLAYEY SANDS
RELATIVE DENSITY
(5"AWGRAVCU
CONSISTENCY
fSILTANDCLAY)
VERTLO011 - 0 10 4 61401011M.
V94f SOFT - 0 Ila I SiPwoft
Lam -s to Is owsaft
SOFI -30066MAMM.
mesm Or= -11 to 20 ow"A.
p".518411
IN ACCORDANCE WITH ASTM 0 t44t - ~199 SM
094" - 0" to N okwmft
VERY DENSE -n"" thm w stavaft
S - Mr- 6 so is owwwh,
VERY ISTIFt - 17 to 30 biDW114".
CLASSIPMATION 8"101L
Kgm - awl MR 30 awwon
-LOCALLY MAY W Kmom AS YUCK.
NOM. DUAL SYMOLS ARE USED TO INDICATE BORDERLINE SOIL CLASSIFICATIONS
APPENOiX A 1
UNIVERSAL ENGINEERING SCIENCES
BORING LOG
)
PROJECT: PROPOSED MAINTENANCE BUILDING
CAPE CANAVERAL WASTEWATER TREATMENT PLANT
CAPE CANAVERAL, ISREVARD COUNTY, FLORIDA
CLIENT: WLER CONSTRUCTION
LOCATION: SEE EXPLORATION LOCATION PLAN
REMARKS'
310Z2.047.Of _
I REPORT NO.:
APPENDIX A
BORING DMICNATION: S1 SHEEr: 1 Of
SECTION: 13 TOWNSHIP: 24 SOUTH RANGE 37 EAST
G.S, ELEVATION (ft):
WATER TABLE M); &I
DATE Of READING: VMS
EST. W.S.W.T. ift)
DATE STARTED:
911ef06
DATE PNiSHED:
4'78/46
DRILLED BY:
as, IH
TYPE OF SAMPLING:
ASTM D 1586
SLO"
fid
DESCRIPTION
I
(INJ
CONT.
t
75
HR')
11x1
0
flne SA D. grey, ISP)
I
Z
�
I
fine SAND with 511111, gray, m um dense, (SP•SW)
10•&5 11
2.3-3 I
-goose
4
j
Candy LAY, grey. trace of organics, vary spit, ICN)
69 a
I
,
1.11-1 2
'
I
Clayey fine SAND, gmy, very loos*, (5C1
70
1'f'1
II
fine SAND with mill t b►nken ;hall, gray, medium dense, [SP -SM)
{
I
I
.1
r
r
25
0?12 t3....za...,...
BORING TERMINATED AT 25'
UNIVERSAL ENGINEERING SCIENCES PROJ_[:TNO. 31023-007-01
REPORT NO.
BORING LOG
APPENDIX: A
PROJECT:
PROPOSED MAMTENANCE BUILDING
DATE RNISNED:
CAPE CANAVERAL WASTEWATER TRiATMENT PLANT
PRILLEC BY:
CAPE CANAVERAL, BREVARO COUNTY, FLORIDA
CLIENT:
BUTLERCON.STRUCTION
N
SEE EKPLORATION LOCATION PLAN
lLOCATION'
REMARKS:
ORo.
BORING DESIGNATION: BZ SMELT: 1 Of 1
SECTION: 18 TOWNSHIP 24 SOUTH RANGE: V EAST
G.S. ELEVATION (il*,
WATER TABLE (ft): 3.8
DATE OF READING: 0 2MG
EST. W.S.W T. (R}
DATE STARTED:
a17a10e
DATE RNISNED:
arla/06
PRILLEC BY:
as114
TYPE OF SAMPLING'
ASTM 01686
_
sows
PER III-
#
I
DESCRIPTION
N
%j
K
ORo.
u
�
INGRBtIItR
o
fine $AND, brown. with clayey sand pockets,
i,M•,I�"
I
(
m
`
�
clayey fine SAND, grey, very Idose, [SCJ
r ry
.
{
30.4
41,t
P_P.P
P
t•t t
2
fine $AND with silt, gray very loose, [SP -SLI
10?
-1....
2..
:..:.:.
j
I
1
I
olayey fine $AND, gray, very loost, [sq
r
fine SAND, grey, medium donee [SP)
I
of •
I
clayey fine SAND, grey, veryLoose, 18Cj
BORINGS TERMINATED AT ZF
P - DENOTES PENETRATION NTH ONLY THE WEIGHT OF
THE ORIVE HAMMER.
{
UNIVERSAL ENGINEERING SCIENCES
1 I BORING LOG
PROACT:
SHEET:
1 Of 1
PROPOSED MAINTENANCE BUILDING
1
CAPE CANAVERAL WASTEWATER TRLATRENT PLANT
G.S. ELEVATION (Ry.
CAPE CANAVERAL, SREVARD COUNTY, FLORIDA
C'IENT:
BUTLER CONSTRUCTION
j LOCATION:
SEE EXPLORATION LOCATION PLAN
REMARKS:
DRILLED BY:
PROJECT NO.' 310Z2.007 -C 1
I REPORT NO. -
APPENDIX: A
BORING DESIGNATION. B3
SHEET:
1 Of 1
SECTION: 1b TOWNSHIP;
24 SOUTH RANGE;
3? EAST
G.S. ELEVATION (Ry.
DATE STARTED
911WD6
WATER TABLE (ft): 2.9
DATE FINISHED:
9118106
DATE Of REA004G: 9f22106
DRILLED BY:
9S, IH
EST, W.6.w.T. f,);
TYPE OF SAMPLING:
ASTM D 1586
IS
BtOW�
ae"
J
s
DESGRIPTION
i (
(w /
xa•i
rn.GT.
r .I
0
;•; n;
firm BAND, brown. wlm clayey sand poeW 8 trace of roots, (SPI
i
Rne SAND, grey, trace *f broken shell, ($P)JL
t'd,• s`:
sanity CLAY, grey. vary soft, [CH]
7E.4 86.6
5
.....�,.p... ..',,,
.,,..
.....
.. 74:�..I.
.. .59.5..
fine SAND with clay, brown, loose. [SP -SCC
P -P -P P
fine SAND with slit, grey, trace of broken "I, very loose,
10
f
I.
t5
BORING TERMINATED AT 15' {
{
i
P • DENOTES PENETRATION VvtThi ONLY THE 1NEI3NT OF
THE DRIVE HAMMER,
i
I �
I
25
,.
..
1
UNIVERSAL ENGINEERING SCIENCES
7 BORING LOG
i
PROJECT: PROPOSE MAINTENANCE BUILDING
-) CAPE CANAVERAL WAPEWATER TRE=ATMENT PLANT
)3 CAPE CANAVERAL, EIREVARD COUNTY, FLORIDA
CLIENT; BUTLER CONSTRUCTION
LOCATION: SEE EXKORATION LOCATION PLAN
REMARKS:
;T N0.: 31022•D07-01 ---
REnRT NO.;
APPENDIX: A
BORING OFMONATION: BQ SHEET. i Of 1
SECTION: 15 TOWNSHIP: 21 SOUTH RANOF: 37 EAST
O.S. ELEVATION (ttk
WATER TABLE (rt): 3.7
DATE Of READING: 51129106
EST. W.S.W.T. (Rj:
DATE STARTED-
0115106
OATS=iNISHED;
91 &"
DRILLED 9Y:
93, IN
T"T OF SAMPLING
ASrN D 1 SEB
yt�
a '
BLOM
41,
DESCRIPTION
r.
ON
cove
i Swr
t%)
(.l)
MR1
0
fins SAND, brown, with clayey sand pockets, loose, (SP1
I
2.33
2 t
3
—very loose
j
sandy CLAY, grey, very soft. (CHS �-
5
1-1.1
_.
2
. ....
69.3
..
I -T•1
} 2
+
}
{
clayey Eno SAND, grey, very Bose, [SC]
1-13-1
1
10-
t)
15
15
I
Ano SAND with sib broken shell, gray, medium dense. (SP -SMI
20—
7-&10
18
�!
I
�.. f
25
BORING TERMINATED AT 25'
P- DENOTES PENETRATION WITH ONLY THE WEIGHT OF
THE DRIVE HAMMER.
I
UNIVERSAL ENGINEERING SCIENCES PROJEC!NO 31022-007-01
REPORBORING LOG APP@NOtPENDI"° : _r
X: A
PROJECT: PRDPOSED MAINTENANCE BUILDING BORING DESIGNATION; 8.r7
$HE
CAP[ CANAVERAL WASTEWATER TREATMENT PLANT !-E 1
7 AS
1 CAPE CANAVERAL, BREVARD COUNTY, FLORIDA SECTION: ib TOWNSHIP: Z{ sours R:l>K3E' 3? EAST
CLIENT: BUTLER CONSTRUCTION G.S. ELEVATION (fty DATE STARTED; 911610E
j LOCATION; SEE EXPLoltATION LOCATION PLAN WATER TABLE (ft): 7.7 OATS FINISHED 3118706
REMARKS DATE OF READING: 9!2276$ DRtLLEC BY: BB, in
EST, W.S.W,T. (ft) TYPE OF SAFAPLING, ASTM 0 ISM
eLows � a
PERP
DESCRIPTION too me K OAC.
MVCRESENT F N o I (%l CONT.
1 NR,) IXI
Q
fine SAND, brown. with OWM sand pockets, [SP)
clayey fin. SAND, grey, very loose, [SCJ
I
P P -P p 14.0 40.3
sandy CLAY, grey. very soft, [CH; i
P -PJB p I I
{ i
P•2•1 3 elsyey fine SAND, grey, very I000e, Isq
10 t.t.1 2 i
� f
I j
15 1.1.4 -bCsc I
� I �
f !
Ane SAND with sift & broken shell, gray, medium oerue. [SP-SM1 i
f
I
20 1S .
4,7 2F.9
r : I
23 ..... ...... 1. . .... ;:;.. r91THIE
ery loose
RING TERMINATED AT 26•
DENOTES PENETRATION WITH ONLY THE WEJGHT OF
DRIVE HAMMER.
U.9916conicall Engineeping popt --
;w4lmontr8m,
Ape pgqormea top
no project$
13VIeChnim, engineers structure thea Services b meet the specific needs of
MOO Clients, A geotechnirat engineering study conducted for a civil engi-
near may not Will the needs Of a construction Contra= or evert gwfher
civil engineer. Because each geotechnical erpineerkng study is unique. each
yeotechniCal engineerin; remm is unique prvared S0�°lyfpr fire +ieni• ac
No
Ore e'xo90 you Shtxuld rely on your geJteChrlCal engineering report rhlf iou!.
!irsf tonferOgi'ngli the g2pt";cal engirtetr who p•reipardA it AndnG o??
f -- nor ow you -- should appy The rep,rt for any purpose or pro;eCl
eIC0 rhe We Originally conterapraied
Read the fuu Report
Serious problems have occurs!o Gei.au5: !hr ;e rF.y,ng G" a g?Ct;Chri �!
engineering n port did not rea+d it elf DO I-)! rel, Gn an executl;r£ 5,` a j
07 nal read !elected elements oniV,
A G"t cal EmineeringR��11ort Is Based on
14 fJaitltae set dl Project-$ptCiC1 cc factor's
Geotechn;caf er'Q n%rs co,nsidCr a num for of Unique pro'?C( 5p?C;f+, !c:.
I;rs wh! r; es!aNshing the ::;,pa G' 2 study. "ypical !adorn inciude rra
:rent s 9o315. cbtE;f ves. and nsk rZnzo mewl pielerenc�5 the gerne'a!
nor ;z 4f 6ne;t;uG'ur; iRlnrvEG is 3;,e and cn f
n purrt Gn; tti* tpc?t+or 01
i+ c i:rU;I N2 Gr I1° 5',I? i^d C'l ter pruned Ji existing situ
s'1eh as ar.CeSS
7_ot?chnl�' 0177rod:, perk% iiad Jnr?rCLiV plili!•cci':_gS Lulz:S ne
„1hU:!cC I^? shrdy Sp'.GI';Ca!l+ my Carr?5
,B do nCl :: c 2 et',-•a.�;�, . ^� r+ ,ri g r•^•Tl ir'J' ':a$
• , ;tP+o�3r�y + ,�
• +=t p"5ar: �
M,stir( Jf i;4.r:r13,112
i ?i/a'.al 0317;;! t'.' d -i 7'7(iur•i.. u' L r?•-SGnJ?Ji::G':'..0
e;Iolneerin) rdpdr tile;,
• the
`e. li s �..ei'�?97 f•c.n
r2rkr' 'fin?
lJ a (effi rad
le
ga. ;.
• elevation, contiguriltian, locaticn, or'entation, or vaa;ght of ;r,.
proposed Structure,
cornposidon of the design ten, or
• MOO! Ownership
AS a general ruie, alueys infCrm your geGteCrr.:cat ang6`iee+ f,r;�rc;d;;:
Chanpgs–wen minor ones --and requeW an assessmen!
Ge0(PC1niCV engiWS CyM acct JeSpJnSiDua)• ,n, :rZ(+ r !p; ; .,r•n ^`
Iha! occur Muse hair /Voirrs do 1701 coasrder
!Aey were not 07(0rrtlEO
;, trite Cot�rUMN Can Change
hnical engineering report is based on co^di!
the time the study was p;rformed Do 1701 rev nr. ; 4e0;2c^n.ra ay;
r1Wort whose adequacy may Aare been affected by, rn2 pas5agE G'
time: by man-made events. such as CGnStrUJion on 0', ad;acan: to 10, s
or by natural events. such as floMs eanhquikas or
tons. Atwa)s contact the ge0!Khn;i3l enp;nr,>r 7 i:•;� �Crl,•; ,, : ; -
!d determine it it is still raiable. A m nor a n:�nj pl g 7• Ore. y.
analySis COU!d prevent major problems.
MOSt� technical Findings Are Ppotessianaf
DPW$Site exploration tdentfleS Subsuriac. Cond+lio-S omy at t.,)o, ,is
Subsurface tests are aW duCted Gr samples are take';. G<.GtaCt tire+ a^ol-
neers revieW field and laboratory data and then aop!y toe • pr7k; sicaal
Judgment fd render an opfrion abcl^ subsurface Ccr•;tinrs rhrpuo`�,;
Sile. Amial suGsudace ccndi:ions rr,ay difie,
—5nrrrt
trorn rhos? indicated '1 you, repos? Rstain:nq rhe Q.;19chn a v
S5t10 deyalcpeC 'O�r } � '
r?p :� proeiC4 G�'1St l.•'t.^(i �DSori:i:J'. •• r^.
most eftntive method of ,imanaging ma 'iSr; s,S^riaf'd
cL,ditions.
A Report's Recommendations Are Not Final
Do no; overmly cn the corstructiort recommendations inciulkd rt; our
report. These reg-0mr*,7J3tran5 ve nc, hni! because
nazr5 develJp therh prT;.ipatfy from fudgment and opinion, G?olcchnic9!
engineers can finalize M.elf recornmendatians only b;• cnserving 110JB
--
subsaxfax conditions revealed during conslruction
papinw WU d"iopedTour repo,? Cannot 8&v me responsrbrfirq or
lcr the report s r�ommendations i1 that engineer does n31 panorm
eo"Wii0n obserWign.
A b9tociniCd 610neer11p Report 16 811blect to
01w desigirt Mn ' misinterpmUlion of geolecllnical encineering
reports has rmled in costly problems. lower Mal risk by having yo,ir geo-
technical engineer confer with appropriate members of the design heam ahem
subrnl{inp the report. Also retain your geotechnical engineer to review P0,11 -
ral elenrerYs of the design team's plans and specifications. Contrectors can
also ralslnterpret a geotechnical WV rteering report. Reduce that risk by
Ihalft your OelfthniCdl engineer partitipais in prebid and piecorstructioa
CQ*m=, ttnd by providing construction observation
Do at ROdMw tho EMOMWI LOP
Geotechnical engineers prepare final boring and ksting logs bash ups
Nair inlapretition of field tops and laboratory data. To prevent errors or
amissiom fire bgs included in a geotachnical engineering repos should
neWbe redraw for inclusion in archiiectural or other design dralvings
f�fY photographic or electronic reproduction is acceplaole. but R'„ Q,11=d
hWSM31mg logs frau fire report ran elevate risk.
go COMON Reptant 30
San Owlers and design prolessionals mistakenlyy can make
corlb=s f We br unanticipated sub3lx w condrt jimiting what
they provide for bid preparation. To help pr0011 cOstfy poems. give con-
ta ir; the compWO geotechnical erlgrftettrhp.terport, ry or'fte it with a
cw' written letter of transmittal In tltA '40vise contra 01's that the
mport v es not prepared lor pmSes Brit "Opment and that the
titie�
report's accuracy is limited: encprage 'fo rArtier with the geolerhniral
engineer who prepared fire report (a (110d6t9ee may be required) and/or to
conduct additional study to Main the sffgcblc types of Information they
Anes or prefer. A prebid Coorrerce can also be valuable. Be sure coatrac-
(wSlltalb°St/Ihcient tine to perform additional 3t6dy. Only thein might you
be in s position to give contractors Nle best informmli0n avallabte to you.
All requiring them to at Ieast share Some of the linanciai responsibilities
stemming from unanticipated conditions.
Rood Relp nttsibility PO's kkm= Clesery
Scone clients, design pra!esanonais, and conlractor3 do not recognizs that
geatxhnical engineering is far less exact than other engineerirng disck
plines. This lack of understanding has created unrealistic expectations ilial
hay. IzJ ;J d:53ppa" iMV1S. c'1`73 2im, d spurs To neip reduce tte risk
Of Such pulcomes, geolniocicai krgineers comWnty include a varely of
explanatory previsions in Mel reportS SorlpAimes labeled `limitations•
many of these provisions indicate where geotechnical engineers resporsi-
bilins beglna'nd end, tc rletp others rcwgniie thei, our' responsibilities
and risks Read these provisions ciasety. Ask questions. Your geolechnico►
engineer should respond fully and hars;ly.
6eoenvlMl OU1 Concerns Are Not COrerftd
The equipment. techniqum. and pirsonrel used 4 periotrn a gvWYixn-
rnentai study differ significantly from those used to perform a geolechn;ral
study- For that reason. a geotechnical engineering repoit docs not usually
retard any gewwronme+ntam findings, conclusions, or recommendatlpls;
e.g., stout the likelihood of encountering underground storage tanks or
regulated contiminarus. U inircipafed envirorme,, ntel proNOM Mss ed
r0 numerous prujeCt failures. ff you hive net yet obtained your awn pepen-
vironmenlal information, ask your ge7techniCal consulrent for risk man-
agement guidance DC nc ren on an ellr'rDmenr81 repcerpr4Aa'ed 10i
someone else.
ObUM nater " AnisttaM iia orad Mflfdl MW
Diverse strategies can be applied during building deSign, rnustruclion,
operation. and mainlertan�e to prevent significant amoints of mold from
growing on Indoor surfaces. ?o be effectiveall such strategies should be
devised for the a press pumm of mold prevention, integrated into 8 com-
prshensive plan. and executed with diligent oversight by a professional
mold prevention consultant. Because just a small amaml of hater Of
moisture can bad to the development of severe mold inteslaCWA a nurn-
bar of mold prevention strategies focus on keeping building surfaces dry
While groundwater. water Infiltration. and similar Mues mey have bean
addressed as pan of the geotechnical engineering study whose tindirk2s
are conveyed in IN report. Ute gedochniCal engineer in charge of this
project is not a mold preverWon consubant: none of I11W SOrvlees per -
lamed fi reowdion Wilk the peotoehaical afapiarora duo
were &S*W or OMWed for Bre prrrpesa of MW pnren-
lion. PMW lnapteaww" of ffis recommendations conveyed
in this report will riot of &W he sdlfiaknf to can rent mo1O from
growing io or an go 3aW&V i ftwved.
R4 on Vow AiFEManlor Geotet�nciel
tdllptnetar fer Adltnel Aesistetnce
Membership in ASFEMv Bast People on Earth exposes gsOtechniraI
engineers to a wide array of risk mwlepemenf techniques that can be 0
genuine benefit for eyaryone invoiyed with a eonsfruclioc+ protect. Conler
with you ASFE-member ozolachnical engineer for rno,e ,nh)rmafion.
ASFE
To$ lives people as 11111
8811 ,Ccii?ivilie Raad:'Strhe G106. Srioer $'ling, r,tD
301.555-2733 Fawr�mi5. 301 560 -i+ll_
- ia, . ir1o:1s1e.or9 ,•.'A 'a.BS':' _
6pr^PrfD�vo aarE me du+kearv� r.�ro�ero�. n roo:��DalrMloor�rrtc
'•
t L-wrm�'1''rhO�n! �t•rva+d •'r ::: t • r•, t,; "•ss ,art ^. ; a•rr-s a &m cr ASFE a+W �Y ref
pwpor.s +x`:M;nc.KCr?' Sl7iMi P:.SCf."J,oar msaUrvsrrai, aroc• at C:df ?"i ';e^ny rapR Asir CMrt
a•r :ro. �.a'. c . + v r., +rrsr.st!MIt1'Tur:rigra7JGrFmlmLY: rawer..---,.. -+ r ..., •�"rr . rr'r . ^sr�::nrnetno+.
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA REPORT
AGENDA
Heading
Consideration
Item
7
No.
Perlas Del Mar is in the final stages of construction and this vacation is being recommended by the public
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: PERLAS DEL MAR EASEMENT VACATION, OFFICIAL
RECORD BOOK 983, PAGE 841, PAGE 415
DEPT/DIVISION: BUILDING DEPARTMENT
Requested Action:
City Council consider approval of the proposed easement vacation for Perlas Del Mar Condominiums.
Summary Explanation & Background:
This request is for an easement vacation at Perlas Del Mar. The request is based upon the lack of sewer
existing in the easement area.
Perlas Del Mar is in the final stages of construction and this vacation is being recommended by the public
works director.
Exhibits Attached:
P&Z Board Recommendation Memo; Staff Report; Request by Applicant's Engineer; Location Map; Original
Easement Documentation
City Manager's i ,
Department BUILDING DEPARTMENT
cane-nt\kim\mvt9ncnmant�\arlm;.,\ten,,., .-;1\,.oer; ....�nn-Ino �
_v -moi �ycilaJuelutai. UQC
City of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk -�
From: Bea McNeely, Chairperson Planning & Zoning Board
am(OL-
Re: Recommendation to City Council
Perlas Del Mar
Easement Vacation
At the Planning & Zoning Board meeting, held on March 14, 2007, by unanimous
vote, the Board recommended approval of the above referenced Easement
Vacation.
Please schedule this easement agreement for the next City Council meeting
agenda.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247
www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: February 22"a 2007
RE: P&Z Agenda Item February 28th, 2007
Easement Vacation
Official Record Book 983, Page 841 and Book 811, Page 415
I reviewed the recorded Easements of Record Book 983, Page 841 and
Book 811 Page 415 lying in Section 14, Township 24 South, Range 37 East, City
of Cape Canaveral. These two 10 foot wide easements are located within the
Perlas Del Mar parcel development that is in the final phase of construction. A
record search did not reveal any vacation of the subject easement. The existing
sewer main is not located within this easement. More so, the above stated
Easements are not utilized by the City of Cape Canaveral. Therefore, Staff
recommends the Vacation of Easements of the Official Record Book 983, Page
841 and Book 811, Page 415
Attachments
DIVISION 1. GENERALLY
Sec. 110-476. Dedicated public land.
Page 1 of 1
Dedicated public streets, walkways, alleys, accessways or easements may be closed or
relocated as part of or in conjunction with any private development phase upon an application being
made to the city council, after review of and recommendation from the planning and zoning board, and
if the application is in the best interest of the city. However, the vacated land shall not be used as
acreage for any density calculations. Any request for vacating a dedicated public street, walkway, alley,
accessway or easement must be submitted no later than 30 days prior to the planning and zoning
board meeting at which it is to be considered.
(Code 1981, § 641.57)
http://libraryl.municode.com/mcc/DocView/12642/l/254/285/286 3/15/2007
LE
LEN (321)783-7443
FAX (321) 783-5902
ngineering! Ine. 106 DIXIE LANE - P.O. BOX 321321, COCOA BEACH, FLORIDA 32932-1321
A
Ed Gardulski February 11, 2005
City of Cape Canaveral
601 Thurm Blvd.
Cape Canaveral, FL 32920
RE: Perlas Del Mar Sewer Easement Vacation Request
Dear Mr. Gardulski:
Two sanitary sewer easements exist on the Perlas Del Mar parcel. We would like to
request easements described in ORB 983 Page 841 and ORB 811 Page 415 be vacated. It appears
that no sewer exists within these easements. If you need anything further from us, please let me
know. Thank you for your assistance with this vacation.
Sincerel ,
Joyce M. Gumpher
Enclosures:
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o��� N ... ,.. •,r..J.tai'..:_nJ,.S...::....i1.:.�.a'�vti.L�•_.eAi.i.{Y:�./lul.7l.uY�::144A.IfISLW._iffis/
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1 . 1'r.t lai oar i1y
'['ITIS 1vnZWTUf;E, :,fade and entered into on cst^�c";+rctiGti
c?,f sV,
day of . _� � , 196y_
by and be -`tit 1 4i2
L'ticCn Psi'' v KR or Strnq .
(A' to.e. Councy of -� �.11n and State or
Ohio , hereinafter called the
Grantor; and the City or Cape Canaveral, a xunieipal cor-
poz,at.ton orLianizod and exist) n$ under the ]arta of the
State of, >rlor•ida and loca-red 7_n the c'11111ty of Brevard
hereinafter called the Grantee;
NOE', THIS IN'UENTUP3 :IVESSETH:
FOR AND IN CONSIDERATION Of the Aum of One
and No/100 Dollars (fp1.00) in hand paid, receipt and
sur.iclmcy or which is hcrecy acknotrledF�ed, the
ovant:. � does heroby grant, ba:yain, soli and convey
to the City of Capc Canaveral, ito nuccoasor•mi one asoign:a,
tt:e right to construct, er:•.place, maintain, Impect•,
operat", protect, rspair, replace, change the oizc of,
an,J rertiove n sc',ter pipe line and 3awer pipe linea and
appurtncancca, toGother wit'a tiro right of ingruza and
CSr(,,3a to and frrntt the nar.:e for ti -to purrQzea arorcoaid,
over, under, throu,,,h and seroma the follot•ting described lands,
of which the Grantor warrants that he is the ew.nvr in fee
Uitnplo, situated in tho City of Capc Canaveral, County of
State of Florida, Cc -wit:
Tht: East 1.0 Soo'•:. of the S3:1th 12.1 :•cat of the
eouth 6.60 acrez of tho North 16.80 acre= of zhc
5.W.4 of tho s.W.} cf Scot).= 11•, Toxnrhip 21r Soutlt,
11anev 37 i;nnr, Bro.w.rd County, Vlorl,•ln.
v -W JUL !Caul rrl
rY +
•t �+ Y
1
— � r
;l
i
FAX No.
ern'b 1.1 ? Atf 4 1.6
PE0
TO RIVE AMID TO HOLD the said acwar lin.: casement and
rzgj.t-of-way 'acraby granted unto the Grantc:a, its successors
And aezitna, forever.
In addition to the nforesaia permarcnt grant of ease-
r.vttt,the Crrantnr grants, bargains and valla to the Grantot nn
a*31.tional t'_mpornry working easement licence and right of way
cv:�z arc: above and &cross the deccrLbEd properL•y with full right
of it:•;rias and ctireso, to enable the Grantee to construct rnd
,,.nntall ssid ..emir pipe line.
Whenover usad in this instrument, the singular number
in:-Xvdc tha plu:-ai. and the plural the einguler, And ::he
grinder nhnll include all genders.
'-'T WT,`.SSS WHEREOF, the Grantor has hereunto act his
,v:r::: eu6. CeLL A,% t1 --c day and year ftrct above written.
SA
,____(SEAL)
(SEAL)
OF
I, an office lh i to t kc r�<ri.`��'•� >>
r cu or zed r. pc:<no�aled.-
arcresnid County and State hereby o• �
r•:� per, Qnat y car ' that an this
.1 app ed Tri r�^f1
yw..�
.;.i
n L�
k'11's 983 ;acs 0341
BASEMENT
o,
THIS IN mvrURL• , ma do arca entered Into or. this „_ /y
clay of nC�ayE�,, 1957, by and be- eon [),au?A_I:or L. nd Mil;Jr.n
C].5ILL-y.� ^-r.'..�.��'3U-
cf #hr Coun of ,Innt�.n Rit�r*r. i'.1_orO-1. herein, ft er called
the Granton: and the City of Cape Canaveaal, a municipal
corporation ocgani e l and existing under the laws of t• c
yt,tte of ipLoridn and loCutcd in f.;hc Ccunty of Arovard
hereinafter called thr: Gran ive;
1410W, THIS INDENTUR3 rax`rW;Ss:
i•'oR AND 1K CONSIDERATION of the awn of One and no/100
Dollars {1.,0^.) to hmid raid, xeccipt and nufflrir-ncy of which
Is hereby cclti:owledgcd, the Grantor does hereby grant, barciain,
-nelk and convey to the City cif Care Canaveral, its successors
and oscigr;s, the. right: to censtrucA:, emplace, nointain, inspect•,
ope:rt+`e,,Protect, rep...tr, replace, change the sicre of, and re-
move , x,,01: pipe Linc and sewer pipe lines and 4.purtncanc.aa1
t:oq'_thea: with the) r_uht of ingresa and egress to the :raj the
nal"lo for. t,lo purhoV0,e ;Iforeoaid, ovor, undor, through znd a-
cross zhe follcwing dcycrib2d Lanes, of which the Grantcr
warrent,. that hte is t!tc ohmcr in fee -.uncle, riituated in the
Cii_y of Cape Canaveral, County of 3revur.d, State of Florida,
to-kita
A -.en Poet Utility 1'isement desr-rlbed as fa_lown:
The East 10 feet: of tho South 90 fcct of part of G. 11-
1/4 of S. F1. 1/4 an ecscribod .in GRfi 2, Page 557 of the
Public noLordA of Breverd County, i.*l.oxidz.
�T�•"�' Rifl�I
R�_ ooctht.Nt'nRYr��.,, �STnM,P_r_nxl
Lam; eo ottani'u <<°i�,► •= 0 0. 3 G I
Jnr,�Royn:rs•'1•t.:;qT•;3'+?"a�_+?"r>>T!iCSR.+SL�'A�i v �. .t+r':' �.......- ^^1ti::�l.'�".` .tr i'� r,.. -:.•y
9
'M 983 PA6l, 642
To PAVE AND TO 110Lll the raid n «ur linu onaamcnt rine?
.lght-oi-way hereby granted unto Ui(i Grantr;:e, its succaasorc
and z+ acus, forever.
rn ac?+.:::tion to the niorobaid permancnl• rlr,:nt Of 0a90•-
mont, thi: Granter gr:tnt9, bargai.na and ,0115 to t.ho Grarstce
an r,dditloral temporary working c23e'rent licrasc rr,d rigat
oI way over and ahovo arA ac:-os.s tho described property with
[kill rin'r,r, of ingreaa and o2.rois, to ennblo the Gr,%ntoo to `
min'tru+rt and install. .,-td .^•,c'r;er pipe line. 5
4A;e:: wcr used in this i.n,stremei-xt, the ningular aur, bqr
.,h,)li ins:ludc the plural and tho plural t n sinejular, and th�
voc o any got,der ::hall incladr•7 .ill ganders.
J:N WITNESS S9HMEO[•, tiro Grantor has hercunto riot ML
hand an sc.a'_ on the day and yer.r !irnt above writr.eti,
1 i;2TN735s�• �
(SCAL)
4 �"lc. ? `y • lei ,•��'i�:: - ;' ; ,( = .! �:
(SEAL)
COL'ITTY Or.-
.^ r� a
1, an cfftcar authorized to t.:}:c ackn(,filcdgcmmnt' in tho
aforc;.aia Ccunty and State, hereby o;srttfy that on tUr day
befor , mo pr r ,cnally rappc k " : ,,r r'\ . \, +Lz—
i
cam,..... ^-- to m + knower. o lac lha p;_rucn (5)
de:3c:ribed in and w,) xec tt,d the foregoing inuent.urc and he
acknoNledred before rr.c that he cxcutc:a t1,o same freely and
volunLaraly for the purposes therein cxprct.Sed. ;
t•111h'�,. my hand ,and official seal at
CL-,int�.t
odii:• C��;and Stzto o
d
Notary Public;/
State of
ry Commi.soicn lrxpiros;P10 tIA"
cl lanir i' Li 'r—
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Resolution
Item
g
No.
Park Subdivision.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-08, APPROVING THE PRELIMINARY REPLAT OF
BEACH BREEZE TOWNHOMES
DEPT/DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider the adoption of Resolution No. 2007-08, approving the preliminary replat of Beach
Breeze Townhomes as requested by the applicant Stacy Shoemaker, as recommended by the Planning &
Zoning Board.
Summary Explanation & Background:
This request for a preliminary replat of Tract 6 of Section 14, Township 24 South, Range 35 East, Chandler
Park Subdivision.
The preliminary replat is located on the West side of Ridgewood Avenue, North of Washington Avenue.
Exhibits Attached:
P&Z recommendation memo dated 03-06-07; Applicant's Application; City Planner's Report; Staff
Comments; Preliminary Replat Drawing (hand-out)
City Manager's
Department GROWTH MGMT/P&Z
cape-nt\kim\mydocuments\admin\council\meeting\2007\03-20-07\2007-08.doc
RESOLUTION NO. 2007-08
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPROVING THE PRELIMINARY REPLAT OF
"BEACH BREEZE TOWNHOMES"; AUTHORIZING THE MAYOR TO
EXECUTE THE PRELIMINARY REPLAT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Stacy L. Shoemaker, complied with the re -platting procedures of
the City of Cape Canaveral, Florida.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Preliminary Replat of Beach Breeze Townhomes, Tract 6 of
Section 14, Township 24 South, Range 35 East, Chandler Park Subdivision, is hereby
approved.
SECTION 2. The Mayor is hereby authorized to execute said Preliminary
Replat.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th
day of March, 2007.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Leo Nicholas
Susan Stills, CITY CLERK Buzz Petsos
Rocky Randels
Shannon Roberts
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
K:\CityClk\Resolutions\PLATS\PRELIMINARY\Beach Breeze 07-08.doc
City of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council
Beach Breeze Townhomes
Preliminary Replat
------------------------------------------------------------------------------------------------------------
At the Planning & Zoning Board meeting, held on February 28, 2007, by a
unanimous vote, the Board recommended approval of the above referenced
preliminary replat.
Please schedule this item for an upcoming City Council meeting.
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247
wwwmyflorida.com/cape - email: ccapecanaveral@cfl.rr.com
)REPLAT & FINAL PLAT RECEIPT
Project Name: r -e—ouk r Z�
RESIDENTIAL:
1, 2 & 3 Residential Units ............................................. TOTAL.37.50
Total # of Units?
(4) or more Residential Units $50.00 (1st (4) Units), $50.00
Plus Units Q $7.50 per unit $
Total: $ .
COMMERCIAL:
$150 per acre of land, or portion thereof.
Acres X $150 TOTAL: ...............
SITE PLAN EXTENSION: .................................................. TOTAL:................$150.00
SITE PLAN RESUBMISSION: 50% of original fee ......... TOTAL: ..............
DEPOSIT TOWARDS REVIEW FEES:
RESIDENTIAL: 1 - 4 Units ................... $700.00
Over 4 Units ..................$1,500.00
COMMERCIAL: Up to 4 Acres.................$1,500.00
Over 4 up to 8 Acres ..... $2,000.00
Over 8 Acres ..................$3,000.00
Total Acres: `ti -Q/L
Office Use Only: Escrow Account # 1-202.2400
TOTAL REVIEW DEPOSIT RECEIVED: $_'] 00, 0C,
TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $_�
PAID RECEIPT NO. DATE RECV'D
APPLICATION FOR PLAT REVIEW
DATE OF SUBNIITTAL: 12,1 I q'b �
(NOTE: SUBNIITTAL MUST BE SUBNETTED A NfLNTVIUM OF 30 DAYS PRIOR TO
THE PLANINT G & ZONI.NG NMETIlVG; PLAT MUST MEET THE REQLJIZENfENTS
OF SECTION 98-41 THROUGH 98-62).
IS THIS A PRELL M� ARY PLAT, RE -PLAT, OR FINAL PLAT? f'�cl re lc'¢- o�
AMOUNT OF FILING FEE PAID: $-' 37, 1�57D
AMOUNT OF ENGLNEERING DEPOSIT PAID: S ' %y 4
DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE
REQUEST FOR STREET NAME, IF APPLICABLE? (MOTE: THIS NEEDS TO BE
DONE PRIOR TO SUBMITTAL). YES NO • N.A._
PROJECT NA_NIE:
PROJECT ADDRESS: R:S2—Z � l��,,h v✓lwa ('-�
LEGAL DESCRIPTION:
0��-ER(S) I�7A_�IE:_ �S'-i t�cy 1-- • S'dc�e �r
OWINER(S) ADDRESS:_ 12-G Te -f �'t✓50� �� L -c
PROJECT ARCHITECT/El\NGL\�ER:
PHONE N0. OF ARCHITECT/-F—tiGIN'EER:
APPLICANTS) SIGNATURE: ��tec✓
O W.tN-ER/AGENT
PH_ ON`E NUMBER OF OWIv-ER/AGENT:__--
3.L(- - x.44 — q(' fl
City of Cape Canaveral
Beach Breeze Preliminary Replat
Applicant:
Location:
Proposed Amendment Acreage:
Permitted 15 DU per acre:
Proposed Number of Units:
Maximum Potential Density:
Current Future Land Use:
Current Zoning:
S. L. Shoemaker
Section 14, Township 24 South, Range 37 East
0.628 +/- Acres
15 units maximum whole site
N/A
10 DU/AC
R-2 Residential
R-2 Residential
Description:
The applicant proposes a replat of a lot located at 8323 Ridgewood Avenue, Parcel No.
24-37-14-77-00006.0-0000.00. The replat will result in two lots created out of the
existing one, both with frontage onto Ridgewood Avenue. The subject site is located
north of Washington Avenue and west of and adjacent to Ridgewood Avenue.
Public Services and Facilities in Amendment Area:
The Level of Service for parks and recreation is two (2) acres of park land per 1,000
residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral.
This equates to a population of approximately 12,000 residents. The City's population as
of April, 2006 was 10,534. There is still adequate park space available.
AIA is operating at Level of Service "A" with 283 available peak hour trips between
North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level
South
East
West
=ZoningR-2
esidential
R-2 Residential
Ridgewood
R-2 Residential
Avenue / R-3
Residential
Comp Plan
PUB
PUB
Ridgewood
PUB
Avenue / PUB
Existing
Public School
Public School
Ridgewood
Public School
Conditions
Avenue / Public
Park
Public Services and Facilities in Amendment Area:
The Level of Service for parks and recreation is two (2) acres of park land per 1,000
residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral.
This equates to a population of approximately 12,000 residents. The City's population as
of April, 2006 was 10,534. There is still adequate park space available.
AIA is operating at Level of Service "A" with 283 available peak hour trips between
North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level
of Service "A" with 325 excess trips. If developed completely as residential, the site
could generate 5 to 6 peak hour trips.
The City of Cape Canaveral provides wastewater treatment. The wastewater treatment
capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an
excess capacity of .54 MGD. The Level of Service for wastewater capacity is 118
gallons per capita per day. At 2.35 persons per household, X's the proposed two
households, X's 118; the projected demand is approximately 555 gallons per day of
wastewater. There is adequate wastewater treatment capacity available.
The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD.
Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6
MGD available. The Level of Service for potable water is 264 gallons per household per
day. The projected demand is 528 gallons per day. There is adequate potable water
service available with the proposed change.
Brevard County provides facilities for solid waste disposal. At this time, the County
does not foresee any deficiency with their solid waste facilities.
Environmental Description of Amendment Area:
The site is a Galveston -Urban Land Complex (GA) soil type. The soils in this complex
are well -drained Galveston sand and sandy soils that consist of reworked and leveled
sandy materials that resemble Galveston sand. The water table generally is below a depth
of 60 inches; it is between 40 and 60 inches for short periods during the raining season.
There appear to be no wetlands on site. Wetland determinations or verification are
permitted by St. Johns River Water Management District. There is no known Aquifer
Recharge or Floodplain areas associated with this parcel. There are also no known
endangered species living on the site.
Historical and Archaeological Resources in Amendment Area:
There are no known historical or archaeological resources on site.
Population Projections and Trends:
The average household size is 2.35 persons. The two units will probably accommodate
four to five new persons.
http://www.brevardpropertyappraiser.conVscriptslesrimap.dll?name=Brevard 1 &id=200702... 2/20/2007
February 20, 2005
Mr. Todd Peetz
Miller -Legg & Associates
631 South Orlando Avenue
Suite 200
Winter Park, FL 32789
RE: Preliminary Plat Review — Beach Breeze - Review #2
SSA Job No. 05-0025, Task 040-1003
Dear Mr. Peetz:
SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review,
SSA recommends said plat for City approval.
This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction
over the project site. Should you have any questions regarding this letter, please do not hesitate to call.
Sincerely,
David Roy Jones, PLS
Chief Surveyor
DRJ:jls
Cc: Susan L. Chapman
City Engineer's Review Fee For Review #2 — NIC
NOTICE OF ADDITIONAL FEES
As this project is being reviewed under the original City contract,
Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour.
cldccuments and setlingsltpeetzVocal setfingsltemporary internet fileslolkJa%beach breeze pre plat review 2.doc
1 agg,- 1 ulG
Susan Chapman
From: John Cunningham ocunningham@ccvfd.org]
Sent: Tuesday, February 20, 2007 3:38 PM
To: chapman-cape@cfl.rr.com
Subject: RE: Beach Breeze Preliminary Replat
The Fire Department has no comment on this replat. Thanks
MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz,
City Planner
FROM: Ed Gardulski
Public Works Director
RE: Preliminary Re -Plat
Beach Breeze
DATE: December 18, 2006
The Public Works Department has reviewed the Preliminary re -plat of the above
project and has the following comment:
1- The Surveyor shall provide a statement that no existing easemcnts will be
vacationed by this re -plat.
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: December 20, 2006
Re: Beach Breeze Preliminary Replat
I have reviewed the Beach Breeze Prelilminary Replat and have no
comments at this time.
If you have any questions, or need further information please feel free to
contact me at 407-629-8880.
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
AGENDA
Heading
Resolution
Item
9
No.
Environmental Protection and require ports to establish and collect fees.
SUBJECT: RESOLUTION NO. 2007-09, SUPPORTING FLORIDA HOUSE BILL 57 AND
FLORIDA SENATE BILL 444, THE CLEAN OCEAN ACT
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2007-09 supporting Florida House Bill 57 and Florida
Senate Bill 444, the Clean Ocean Act.
Summary Explanation & Background:
The proposed Clean Ocean Act would require that all vessels that routinely carry or are certified to carry
more than 100 passengers for periods of more than 2 hours to register with the State of Florida Department of
Environmental Protection and require ports to establish and collect fees.
I recommend approval.
Exhibits Attached:
Resolution No. 2007-09; HB 57 and SB 444
City Manager's 0
Department LEGISLATIVE
HB 57 - Clean Ocean Act/Gambling Vessels
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HB 57 - Clean Ocean Act/Gambling Vessels
GENERAL BILL by Allen (CO-SPONSORS) Garcia, L.; Randolph
Clean Ocean Act/Gambling Vessels: Creates "Clean Ocean Act"; requires gambling vessels operating in coastal
waters to register with DEP; requires ports to establish procedures for release of certain substances by gambling
vessels at port facilities; requires ports to establish & collect certain fees; requires reporting of release of certain
substances into coastal waters by gambling vessels; provides civil penalties for violations; provides exemptions;
requires DEP to adopt rules; directs DEP to petition Federal Government to prohibit certain releases within federal
territorial waters off state shores.
Effective Date: July 1, 2007.
Last Event: 1st Reading on Tuesday, March 06, 2007 11:59 PM
Referred Committees and Committee Actions:
Committee on Environmental Protection
Environment & Natural Resources Council
Related Bills:
Bill # Subject Relationship
444 Clean Ocean Act/Gambling Vessels [RPCC] Identical
Bill Text:
Original Filed Version
Staff Analysis:
(None Available)
Vote History:
(no votes recorded)
Bill History:
Event
Time
Member Committee
1st Reading
Tuesday, March 06, 2007
11:59 PM
Now in Committee on Environmental
Thursday, January 11,
Committee on
Protection
2007 3:17 PM
Environmental Protection
Referred to Committee on Environmental
Protection by Environment & Natural
Thursday, Januar li
y- y ,
Committee on
Resources Council
2007 3:17 PM
Environmental Protection
Now in Environment & Natural Resources
Tuesday, January 02,
Environment & Natural
Council
2007 5:08 PM
Resources Council
Referred to Environment & Natural
Tuesday, January 02,
Environment & Natural
Resources Council
2007 5:08 PM
Resources Council
Filed
Friday, December 01,
Allen
2006 12:42 PM
Statutes Referenced by this Bill
376.25
http://www.myfloridahouse.gov/Sections/Billsibillsdetail.aspx?Billld=34189& 3/14/2007
F L O R I D A H O U S E O F
H13 57
R E P R E S E N T A T I V E S
2007
1 A bill to be entitled
2 An act relating to regulation of releases from gambling
3 vessels; creating s. 376.25, F.S.; providing a short
4 title; providing definitions; requiring gambling vessels
5 operating in coastal waters to register with the
6 Department of Environmental Protection; specifying the
7 requirements for vessel registration; requiring ports to
8 establish procedures for the release of certain substances
9 by gambling vessels at port facilities; requiring ports to
10 establish and collect certain fees; requiring the
11 reporting of the release of certain substances into
12 coastal waters by gambling vessels; providing civil
13 penalties for violations; providing exemptions; requiring
14 the department to adopt rules; directing the department to
15 petition the Federal Government to prohibit certain
16 releases within the federal territorial waters off the
17 shores of this state; providing an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Section 376.25, Florida Statutes, is created to
22 read:
23 376.25 Gambling vessels; registration; required and
24 prohibited releases. --
25 (1) SHORT TITLE. --This section may be cited as the "Clean
26 Ocean Act."
27 (2) DEFINITIONS. --As used in this section:
28 (a) "Biomedical waste" means any solid or liquid waste as
Page 1 of 7
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hb0057-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 57 2007
29 defined in s. 381.0098(2)(a).
30 (b) "Coastal waters" means waters of the Atlantic Ocean or
31 the Gulf of Mexico within the jurisdiction of the state
32 (c) "Department" means the Department of Environmental
33 Protection.
34 (d) "Gambling" or "gambling device" means any game of
35 chance and includes, but is not limited to, cards, keno,
36 roulette, faro, slot machines, video poker, or blackjack
37 machines played for money or thing of value. The term "gambling"
38 does not include penny -ante games as defined in s.
39 849. 085 (2) (a) .
40 (e) "Gambling vessel" means a boat, ship, casino boat,
41 watercraft, or barge that is kept, operated, or maintained for
42 the purpose of gambling and that carries or operates gambling
43 devices for the use of its passengers or otherwise provides
44 facilities for the purpose of gambling, whether within or
45 without the jurisdiction of this state, and whether the vessel
46 is anchored, berthed, lying to, or navigating, and the sailing,
47 voyaging, or cruising, or any segment of the sailing, voyaging,
48 or cruising, begins and ends within this state. The term
49 "gambling vessel" does not include a cruise ship as defined in
50 33 C.F.R. s. 101.105.
51 (f) "Hazardous waste" means any solid waste as defined in
52 s. 403.703 (21) .
53 (g) "Oily bilge water" means bilge water that contains
54 used lubrication oils, oil sludge and slops, fuel and oil
55 sludge, used oil, used fuel and fuel filters, and oily waste
56 (h) "Port" means any place in the state into which
Page 2 of 7
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hb0057-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 57 2007
57 gambling vessels enter or depart for docking
58 (i) "Release" means any discharge of liquids or solids,
59 however caused, from a gambling vessel and includes any escape,
60 disposal, spilling, leaking, pumping, emitting, or emptying.
61 (j) "Sewage" means human body waste and the waste from
62 toilets and other receptacles intended to receive or retain
63 human body waste and includes any material that has been
64 collected or treated through a marine sanitation device, as that
65 term is used in s. 312 of the Clean Water Act, 33 U.S.C. s.
66 1322, or that is a byproduct of sewage treatment.
67 (k) "Treated blackwater" means that part of treated sewage
68 carried off by toilets, urinals, and kitchen drains
69 (1) "Treated graywater" means that part of treated sewage
70 that is not blackwater, including waste from the bath, lavatory,
71 laundry, and sink, except kitchen sink waste
72 (m) "Untreated blackwater" means that part of untreated
73 sewage carried off by toilets, urinals, and kitchen drains
74 (n) "Untreated graywater" means that part of untreated
75 sewage that is not blackwater, including waste from the bath,
76 lavatory, laundry, and sink, except kitchen sink waste.
77 (3) REGISTRATION REQUIREMENTS. --
78 (a) For each calendar year in which the owner or operator
79 of a gambling vessel intends to operate, or cause or allow to be
80 operated, a gambling vessel in coastal waters, the owner or
81 operator of the vessel shall register with the department. The
82 registration shall be completed before any commercial passenger
83 vessel of the owner or -operator enters the marine waters of the
84 state in that calendar year. The registration shall include the
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hb0057-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 57 2007
85 following information:
86 1. The vessel owner's business name and, if different, the
87 vessel operator's business name for each gambling vessel of the
88 owner or operator which is scheduled to be in coastal waters
89 during the calendar year.
90 2. The postal address, e-mail address, telephone number,
91 and facsimile number of the principal place of each business
92 identified in subparagraph 1.
93 3. The name and address of an agent for service of process
94 for each business identified under subparagraph 1 The owner and
95 operator shall continuously maintain a designated agent for
96 service of process whenever a gambling vessel of the owner or
97 operator is in coastal waters, and the agent must be an
98 individual resident of this state, a domestic corporation, or a
99 foreign corporation having a place of business in and authorized
100 to do business in this state.
101 4. The name or call sign, port of registry, and passenger
102 and crew capacity of each of the owner's or operator's vessels
103 scheduled to call upon a port in this state or otherwise to be
104 in coastal waters during the calendar year and after the date of
105 registration.
106 5. A description of all waste treatment systems of each
107 vessel identified under subparagraph 4., including system type,
108 design, operation, location of all discharge pipes and valves,
109 and the number and capacity of all storage areas and holding
110 tanks.
ill (b) Registration under paragraph (a) shall be executed
112 under oath by the owner or operator or designated representative
Page 4 of 7
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hb0057-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 57 2007
113 thereof.
114 (c) Upon request of the department, the registrant shall
115 submit registration information required under this subsection
116 electronically.
117 (4) REQUIRED RELEASES. --
118 (a) Each port shall establish procedures, including a
119 process for verification of the contents released, for the
120 release of sewage, oily bilge water, untreated or treated
121 graywater, untreated or treated blackwater, hazardous waste, and
122 biomedical waste from gambling vessels at port facilities.
123 (b) Each port shall establish and collect a fee not to
124 exceed the costs associated with disposal of the required
125 releases from gambling vessels.
126 (5) NOTIFICATION OF RELEASES. --If a gambling vessel
127 releases any sewage, oily bilge water, untreated or treated
128 graywater, untreated or treated blackwater, hazardous waste, or
129 biomedical waste into coastal waters, the owner or operator
130 shall immediately, but no later than 24 hours after the release,
131 notify the department of the release. The owner or operator
132 shall include all of the following information in the
133 notification:
134 (a) Date of the release.
135 (b) Time of the release.
136 (c) Location of the release.
137 (d) Volume of the release.
138 (e) Source of the release.
139 (f) Remedial actions taken to prevent future releases
140 (6) PENALTIES. --
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 57 2007
141 (a) A person who violates this section is subject to a
142 civil penalty of not more than $50,000 for each violation
143 (b) The civil penalty imposed for each separate violation
144 of this section is separate from, and in addition to, any other
145 civil penalty imposed for a separate violation under this
146 subsection or any other provision of law.
147 (c) In determining the amount of a civil penalty imposed
148 under this subsection, the department shall take into
149 consideration all relevant circumstances, including, but not
150 limited to, the nature, circumstances, extent, and gravity of
151 the violation. In making this determination, the department
152 shall consider the degree of toxicity and volume of the release,
153 the extent of harm caused by the violation, whether the effects
154 of the violation can be reversed or mitigated, and, with respect
155 to the defendant, the ability to pay, the effect of a civil
156 penalty on the ability to continue in business, all voluntary
157 cleanup efforts undertaken in the past, the prior history of
158 violations, the gravity of the behavior, the economic benefit,
159 if any, resulting from the violation, and all other matters the
160 department determines justice may require.
161 (7) APPLICABILITY. --This section does not apply to
162 releases made for the purpose of securing the safety of the
163 gambling vessel or saving life at sea if all reasonable
164 precautions have been taken for the purpose of preventing or
165 minimizing the release.
166 (8) RULES. --The department shall adopt rules pursuant to
167 ss. 120.536(1) and 120.54 to implement and administer this
168 section.
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hb0057-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 57 2007
169 Section 2. The Department of Environmental Protection
170 shall request the appropriate federal agencies to prohibit the
171 release of all sewage, oily bilge water, untreated or treated
172 graywater, untreated or treated blackwater, hazardous waste, or
173 biomedical waste from any gambling vessel within the federal
174 territorial waters off the shores of this state.
175 Section 3. This act shall take effect July 1, 2007.
Page 7 of 7
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hb0057-00
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Senate. 0444: Relating to Clean Ocean Act/Gambling Vessels [RPCC]
Session: 2007
5444 GENERAL BILL by Bennett; (CO -INTRODUCERS) Haridopolos (Identical
H 005.7)
Bill #: Go
Clean Ocean Act/Gambling Vessels (RPCCj; requires gambling vessels
operating in coastal waters to register with DEP; requires ports to
establish procedures for release of certain substances by gambling
vessels at port facilities; requires reporting of release of certain
Session: 2007
substances into coastal waters by gambling vessels; directs DEP to
petition Federal Government to prohibit certain releases within federal
Chamber: Senate ®
territorial waters off shores of this state, etc. Creates 376.25.
EFFECTIVE DATE: 07/01/2007.
Search
12/18/06 SENATE Filed
01 /24/07 SENATE Referred to Environmental Preservation and Conservation;
Military Affairs and Domestic Security; Regulated Industries;
General Government Appropriations
Year: 2006 ®
03/06/07 SENATE Introduced, referred to Environmental Preservation and
Conservation; Military Affairs and Domestic Security;
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Regulated Industries; General Government Appropriations
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Version: Posted: Format:
SO444 12/18/2006 Web_Pae I _PDF
4 ° R aw't E
Committee Amendments
NO COMMITTEE AMENDMENTS AVAILABLE
�iA:}:'9;�•'�Il1"'1"' Floor Amendments
NO FLOOR AMENDMENTS AVAILABLE
Staff Analyses
NO STAFF ANALYSES AVAILABLE
Vote History - Floor
NO VOTE HISTORY AVAILABLE
Citations - Statute
0376.25
http://www. flsenate.gov/sessionlindex.cfm?BI_Mode=V iewBillInfo&Mode=Bills&SubMe... 3/14/2007
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Florida Senate - 2007 SB 444
By Senator Bennett
21-482-07 See HB 57
A bill to be entitled
An act relating to regulation of releases from
gambling vessels; creating s. 376.25, F.S.;
providing a short title; providing definitions;
requiring gambling vessels operating in coastal
waters to register with the Department of
Environmental Protection; specifying the
requirements for vessel registration; requiring
ports to establish procedures for the release
of certain substances by gambling vessels at
port facilities; requiring ports to establish
and collect certain fees; requiring the
reporting of the release of certain substances
into coastal waters by gambling vessels;
providing civil penalties for violations;
providing exemptions; requiring the department
to adopt rules; directing the department to
petition the Federal Government to prohibit
certain releases within the federal territorial
waters off the shores of this state; providing
an effective date.
Be_It Enacted by the Legislature of the State of Florida:
Section 1. Section 376.25, Florida Statutes, is
created to read:
376.25 Gambling vessels• registration• required and
prohibited releases. --
(1) SHORT TITLE. --This section may be cited as the
'Clean Ocean Act."
(2) DEFINITIONS. --As used in this section•
1
CODING: Words s_ -__'._e_ are deletions; words underlined are additions.
Florida Senate - 2007
21-482-07
SB 444
See HB 57
1 (a) "Biomedical waste" means any solid or liquid waste
2 as defined in s. 381.0098(2)(a).
3 (b) "Coastal waters" means waters of the Atlantic
4 Ocean or the Gulf of Mexico within the jurisdiction of the
5 state.
6 (c) "Department" means the Department of Environmental
7 Protection.
8 1d) "Gambling" or "aamblina device" means any game of
9 chance and includes but is not limited to cards keno
10 roulette, faro, slot machines video poker, or blackjack
11 machines played for money or thing of value The term
12"cfamblina" does not include penny -ante names as defined in s
13 849.085(2)(a).
14 (e) "Gamblina vessel" means a boat ship casino boat
15 watercraft, or barae that is kept operated or maintained for
16 the purpose of aamblina and that carries or operates aamblina
17 devices for the use of its passengers or otherwise provides
18 facilities for the purpose of aamblina whether within or
19 without the jurisdiction of this state and whether the vessel
20 is anchored, berthed, lyina to or navigating and the
21 sailing, vovaaina, or cruising or any segment of the sailing
22 vovaaina, or cruising begins and ends within this state The
23 term "aamblina vessel" does not include a cruise ship as
24 defined in 33 C.F.R. s. 101.105.
25 (f) "Hazardous waste" means anv solid waste as defined
26 in s. 403.703(21).
27 (a) "Oily bilae water" means bilge water that contains
28 used lubrication oils, oil sludge and slops fuel and oil
29 sludge, used oil, used fuel and fuel filters and oily waste
30 (h) "Port" means any place in the state into which
31 aamblina vessels enter or depart for docking
2
CODING: Words 5ti-4!e4en are deletions; words underlined are additions.
Florida Senate - 2007 SB 444
21-482-07 See HB 57
1 (i) "Release" means any discharge of liquids or
2 solids, however caused, from a gambling vessel and includes
3 any escape, disposal spilling leaking pumping emitting or
4 emptying.
5 (1) "Sewaae" means human body waste and the waste from
6 toilets and other receptacles intended to receive or retain
7 human body waste and includes any material that has been
8 collected or treated throuah a marine sanitation device as
9 that term is used in s. 312 of the Clean Water Act 33 U.S.C.
10 s. 1322, or that is a byproduct of sewaae treatment
11 (k) "Treated blackwater" means that part of treated
12 sewage carried off by toilets urinals and kitchen drains
13 (1) "Treated aravwater" means that part of treated
14 sewaae that is not blackwater, including waste from the bath
15 lavatory, laundry and sink except kitchen sink waste
16 (m) "Untreated blackwater" means that part of
17 untreated sewaae carried off by toilets urinals and kitchen
18 drains.
19 (n) "Untreated aravwater" means that part of untreated
20 sewage that is not blackwater including waste from the bath
21 lavatory, laundry, and sink except kitchen sink waste
22 (3) REGISTRATION REQUIREMENTS. -
23 (a) For each calendar vear in which the owner or
24 operator of a gamblina vessel intends to operate or cause or
25 allow to be operated a gambling vessel in coastal waters the
26 owner or operator of the vessel shall reaister with the
27 department. The registration shall be completed before any
28 commercial passenger vessel of the owner or operator enters
29 the marine waters of the state in that calendar year. The
30 reaistration shall include the following information
31
3
CODING: Words -_eft are deletions; words underlined are additions.
Florida Senate - 2007
21-482-07
SB 444
See HB 57
1 1. The vessel owner's business name and if different
2 the vessel operator's business name for each gambling vessel
3 of the owner or operator which is scheduled to be in coastal
4 waters during the calendar year.
5 2. The postal address e-mail address telephone
6 number, and facsimile number of the 1princinal place of each
7 business identified in subparagraph 1
8 3. The name and address of an agent for service of
9 process for each business identified under subparagraph 1 The
10 owner and operator shall continuously maintain a desianated
11 aaent for service of process whenever a aambling vessel of the
12 owner or operator is in coastal waters and the agent must be
13 an individual resident of this state a domestic corporation,
14 or a foreign corporation havina a Dlace of business in and
15 authorized to do business in this state
16 4. The name or call sign port of reaistry and
17 passenger and crew capacity of each of the owner's or
18 operator's vessels scheduled to call upon a port in this state
19 or otherwise to be in coastal waters durina the calendar year
20 and after the date of registration
21 5. A description of all waste treatment systems of
22 each vessel identified under subparagraph 4 in ludina system
23 tvpe, design, operation location of all discharge pipes and
24 valves, and the number and capacity of all storage areas and
25 holding tanks.
26 (b) Registration under paraaraph (a) shall be executed
27 under oath by the owner or operator or desianated
28 representative thereof
29 (c) Upon request of the department the registrant
30 shall submit registration information required under this
31 subsection electronically
4
CODING: Words men are deletions; words underlined are additions.
10
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14
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17
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19
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311
Florida Senate - 2007 SB 444
21-482-07 See HB 57
(4) REQUIRED RELEASES.-
10
ELEASES -
(a) Each port shall establish procedures including a
process for verification of the contents released for the
release of sewage oily bilge water, untreated or treated
aravwater, untreated or treated blackwater hazardous waste
and biomedical waste from gambling vessels at port facilities
(b) Each port shall establish and collect a fee not to
exceed the costs associated with disposal of the required
releases from aamblina vessels
(5) NOTIFICATION OF RELEASES. --If a gambling vessel
releases any sewage oily bilge water untreated or treated
aravwater, untreated or treated blackwater hazardous waste
or biomedical waste into coastal waters the owner or operator
shall immediately but no later than 24 hours after the
release, notify the department of the release The owner or
operator shall include all of the following information in the
notification:
(a) Date of the release
(b) Time of the release
(c) Location of the release
(d) Volume of the release
(e) Source of the release
(f) Remedial actions taken to prevent future releases
(6) PENALTIES. --
(a) A person who violates this section is subject to a
civil penalty of not more than $50.000 for each violation
(b) The civil penalty imposed for each separate
violation of this section is separate from and in addition
to, any other civil penalty imposed for a separate violation
under this subsection or any other provision of law.
5
CODING: Words t4eke-ft are deletions; words underlined are additions.
Florida Senate - 2007
21-482-07
SB 444
See HB 57
1 (c) In determining the amount of a civil penalty
2 imposed under this subsection the department shall take into
3 consideration all relevant circumstances including, but not
4 limited to the nature circumstances extent and aravity of
5 the violation. In making this determination the department
6 shall consider the degree of toxicity and volume of the
7 release the extent of harm caused by the violation whether
8 the effects of the violation can be reversed or mitigated,
9 and, with respect to the defendant the ability to pay the
10 effect of a civil penalty on the ability to continue in
11 business all voluntar cleanuip efforts undertaken in the
12 past, the prior history of violations the gravity of the
13 behavior, the economic benefit if any, resulting from the
14 violation and all other matters the de artment determines
151 justice may require
16 (7) APPLICABILITY.—This-section does not apply to
17 releases made for the purpose of securing the safety of the
18 aamblina vessel or saving life at sea if all reasonable
19 precautions have been taken for the purpose of preventing or
20 minimizing the release
21 (8) RULES. --The department shall adopt rules pursuant
22 to ss. 120.536(1) and 120.54 to implement and administer this
23 section.
24 Section 2. The Department of Environmental Protection
25 shall request the appropriate federal agencies to prohibit the
26 release of all sewage, oily bilge water, untreated or treated
27 graywater, untreated or treated blackwater, hazardous waste
28 or biomedical waste from any gamblingvessel within the
29 federal territorial waters off the shores of this state.
30 Section 3. This act shall take effect July 1, 2007.
31
6
CODING: Words=mi=l- are deletions; words underlined are additions.
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Resolution
item
10
No.
The attached resolution outlines the acquisition process. The 50% City match could be approximately
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-10, ENDORSING THE ACQUISITION AND PROTECTION
OF THE CARVER COVE PROPERTY AS A RIVERFRONT PARK AND
COMMUNITY CENTER
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2007-10, endorsing the acquisition and protection of the
Carver Cove property as a riverfront park and community center, directing City staff to work with the Trust
for Public Land (TPL) and the Florida Communities Trust (FCT) towards the earliest feasible acquisition of
the Carvers Cove property located at 7625 N. Atlantic Avenue.
Summary Explanation & Background:
The attached resolution outlines the acquisition process. The 50% City match could be approximately
$1,750,000 of the asking price of $3,500,000 for this 4.2 acre site. TPL will prepare the FCT grant
application with the City's assistance.
Please advise.
Exhibits Attached:
City Manager'
Department LEGISLATIVE
I -
cape-nt\kim\mydocuments\admin\council\meeting\2007\03-20-07\2007-10.doc
RESOLUTION NO. 2007-10
A RESOLUTION ENDORSING THE ACQUISITION AND
PROTECTION OF THE CARVER COVE PROPERTY AS A
RIVERFRONT PARK AND COMMUNITY CENTER IN THE CITY OF
CAPE CANAVERAL, FLORIDA.
WHEREAS, the remaining undeveloped properties in the City of Cape
Canaveral, and in particular along the Banana River, are irreplaceable resources
that offer exceptional recreational opportunities for residents and visitors and
whose protection provides the City with aesthetic and economic benefits; and
WHEREAS, maintaining the City's special sense of place and quality of
life is of paramount importance to residents and visitors and is encouraged by
the City of Cape Canaveral's Adopted Comprehensive Plan; and
WHEREAS, growth pressures in the City, Brevard County, and throughout
the east coast of Florida may irreversibly alter the City's community character
through the conversion of the remaining undeveloped lands into residential and
commercial development
WHEREAS, the City seeks to acquire one such property by submitting an
application to the Florida Communities Trust (FCT) grant program during the
Florida Forever FF -7 funding cycle, and
WHEREAS, FCT can provide significant matching funds to aide the City in
the purchase of the site, a former mobile home park situated on the Banana
River known as the "Carver Cove Property" and
WHEREAS, the Trust for Public Land (TPL), a national nonprofit
conservation organization, will be providing its acquisition expertise and staff
assistance to the City, at no charge to the City, in the preparation of the FCT
grant application; and
WHEREAS, the City recognizes that a match amount of 50% of the cost
of acquiring the property will be necessary to ensure a higher likelihood of FCT
funding this cycle; and
WHEREAS, TPL proposes to have an option agreement to acquire the
Carver Cove Property from the present landowner for eventual conveyance to
the City of Cape Canaveral upon FCT's approval of the grant award to the City,
and
WHEREAS, the City finds that obtaining title to the Carver Cove is in the
public interest,
NOW, THEREFORE BE IT RESOLVED, that the City does hereby
support the work of the Trust for Public Land to acquire the Carver Cove
Property for the benefit of the public, and agrees to take title to the property from
TPL upon the award of acquisition funds from FCT. Further, the City Council
directs the City staff to cooperate with FCT and TPL towards bringing about the
earliest feasible completion of the acquisition of the Carver Cove Property in the
event of funding by FCT.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida,
this 20th day of March, 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
March , 2007 CITY COUNCIL AGENDA ITEM
A RESOLUTION ENDORSING THE ACQUISITION AND PROTECTION OF THE CARVER
COVE PROPERTY AS A RIVERFRONT PARK AND COMMUNITY CENTER IN THE CITY
OF CAPE CANAVERAL, FLORIDA.
Thig
WHEREAS, the remaining undeveloped properties in the City of Cape Canaveral, and in particular
along the Banana River, are irreplaceable resources that offer exceptional recreational opportunities
for residents and visitors and whose protection provides the City with aesthetic and economic
benefits; and
WHEREAS, Mllgumg, maintaining the City's special sense of place and quality of life is of
paramount importance to residents and visitors and is encouraged by the City of Cape Canaveral's
Adopted Comprehensive Plan, and
WHEREAS, growth pressures in the City, Brevard County, and throughout the east coast of
Florida may irreversibly alter the City's community character through the conversion of the
remaining undeveloped lands into residential and commercial development
WHEREAS, the City seeks to acquire one such property by submitting an application to the
Florida Communities Trust (FCT) grant program during the Florida Forever FF -7 funding cycle,
and
WHEREAS, FCT can provide significant matching funds to aide the City in the purchase of the
site, a former mobile home park situated on the Banana River known as the "Carver Cove
Property" and
WHEREAS, the Trust for Public Land (TPL), a national nonprofit conservation organization, will
be providing its acquisition expertise and staff assistance to the City, at no charge to the City, in the
preparation of the FCT grant application; and
WHEREAS, the City recognizes that a match amount of 50% of the cost of acquiring the property
will be necessary to ensure a higher likelihood of FCT funding this cycle; and
WHEREAS, TPL proposes to have an option agreement to acquire the Carver Cove Property from
the present landowner for eventual conveyance to the City of Cape Canaveral upon FCT's approval
of the grant award to the City; and
WHEREAS, the City finds that obtaining title to the Carver Cove is in the public interest;
NOW, THEREFORE BE IT RESOLVED, that the City does hereby support the work of the
Trust for Public Land to acquire the Carver Cove Property for the benefit of the public, and agrees
to take title to the property from TPL upon the award of acquisition funds from FCT. Further, the
City Council directs the City staff to cooperate with FCT and TPL towards bringing about the
earliest feasible completion of the acquisition of the Carver Cove property in the event of funding
by FCT.
T1 n:
TRUST
.fill, March 9, 2007
PUBLIC Mr. Bennett Boucher
LAND CITY MANAGER
- - - City of Cape Canaveral
x. 105 Polk Avenue
P.O. Box 326
Cape Canaveral, FL 32920
Re: Carver Cove Property
Dear Bennett:
It's been a pleasure speaking with you over the past several months to introduce The
Trust for Public Land ("TPL"), learn more about the City of Cape Canaveral, and to
specifically explore the possibility of acquiring the Carver Cove property for the benefit
of the community. The purpose of this letter is to more thoroughly introduce TPL to other
staff and council members, including our history and successful track record, and to
explain in full how TPL typically works with our public agency partners. I have also
attached a draft resolution for your review in advance of proposing a course of action for
the City Council to consider.
What is the Trust for Public Land?
TPL is a national, non-profit land conservation organization founded in 1972. Our
mission is to protect land and other important resources for people, which we accomplish
through several services, including Conservation Visioning, Conservation Finance, and
Conservation Transactions.
TPL's principal service remains our conservation transaction work with public agencies,
specifically the identification and interim acquisition of important privately -owned land
for conveyance into public ownership and management. Since 1972, we have completed
more than 3,350 projects across the nation, protecting more than 2.2 million acres valued
at almost $5 billion. These projects range from small city parks, playgrounds and
gardens to riverfronts and greenways, to thousands of acres of wild lands and forests. In
Florida, TPL has protected :more than 300 sites - over 275,000 acres at a market value of
about $1 billion.
TPL completes on average a little more than one open space transaction -either a
purchase or sale-- every 10-15 days in the state. Our acquisitions range from $2 million
purchases to the $67.5 million Caribbean Gardens property we bought in 2005 in Naples.
We do our best and most important work in and around growing communities like Cape
Canaveral, where the very quality of life features that attract and nourish economic
vitality are being lost forever. We have experienced firsthand the revitalization catalyst
that common greenspaces can provide in these places.
What arrangement does TPL usually have with public agencies to work on targeted
acquisitions?
There are limited instances where TPL has entered into fee-based contractual agreements with
public agencies for our land acquisition services. However, the relationship both TPL and
agencies usually find to be the most efficient and the most cost effective is through a more
informal, non -contractual arrangement, in which TPL acts as an independent principal in land
transactions rather than as an "agent" of sorts for either the public agencies or the landowners.
This independence benefits agencies, because it allows TPL to move quickly as a private party
and to take the necessary risks — especially financial — that are often critical to succeed in the
competitive real estate arena, but which public agencies are appropriately unable or unwilling to
take. Our independence is also invaluable in situations where landowners of property proposed
for acquisition have contentious or even litigious relationships with the interested agency, or
when a successful transaction depends upon sensitive, confidential negotiations that would not
be possible if we were effectively a contract employee of government.
In short, when we act as an independent, private buyer in the marketplace with a neutral position
between public agencies and landowners, we are best able to meet the goals of both parties and
effect a mutually beneficial outcome.
How does TPL fund itself if not throujh "fee -for service " contracts with public agencies
TPL assumes the risks and liabilities of land ownership, as well as the costs associated with
buying, owning and selling land, which are very significant. In Florida, the cost of our projects
ranges between $75,000-$500,000, depending on the complexity, the land value, and the holding
period. TPL's business philosophy is to charge the government only for the land, and if
appropriate, partial reimbursements for due diligence items, and to obtain our operational support
through charitable donations from individuals, foundations, other philanthropic sources, and
most importantly, from the landowners with whom we work. In fact, more than 50% of TPL's
support nationwide comes specifically from landowner donations. With this project, we will be
seeking a donation from the landowner and obtaining funding from our other sources rather than
asking the City to compensate us for our efforts.
What process does TPL typically use to acquire land?
In most cases, TPL secures a property with a purchase option agreement. During the option
period, which may be anywhere from 3 to 9 months or sometimes longer, TPL performs the due
diligence associated with the proposed purchase, including an appraisal, title review,
environmental investigations, and surveys. TPL understands the need to meet the due diligence
requirements of our agency partners, so we take extra steps to coordinate our due diligence
preparation to meet or exceed required standards. If the public agency elects not to purchase the
property from TPL, these are expenses normally absorbed by TPL as a cost of doing business in
the marketplace as a risk-taking private buyer.
During our option term, TPL also works closely with the acquiring public agency to identify
possible matching funds and prepare the necessary grant applications, engender community
support, and if necessary work with the agency on creative financing alternatives. A public
agency is under no financial obligation to TPL until a specific purchase agreement has been
entered into with us.
Once the due diligence has been completed, the acquisition funding has been identified, and an
agency has agreed to purchase the property from TPL within a defined period of time, TPL
normally exercises its option, purchases the property from the landowner with its own capital,
and holds it pending its sale to the public agency. We typically seek to complete the sale of the
property to the agency as soon as possible, in order to reduce our holding costs and free the
capital for other critical acquisitions around the country.
What are the next steps with the Carver Cove Proiect?
Prior to TPL making financial and legal commitments to the landowner to gain site control of the
property, we must better ascertain the City's interest in pursuing the Florida Communities Trust
(FCT) grant application and eventual acquisition. As such, it is important that within the next
21 days we present a proposal to the City Council to submit an FCT application and
conceptually support the acquisition. Based on my talks with you and others, I feel confident
that the City would like to see the site protected for use as a park/community center on the
Banana River. However, TPL is quite sensitive to the fact that a purchase of this magnitude is a
tall order for a small community like Cape Canaveral, and that obtaining state grant funds
through the FCT program to assist with the acquisition cost is essential.
As you know, TPL has been assessing the likelihood of the project receiving funding from FCT,
and we believe that the City can submit a competitive application with a good likelihood of
funding, provided that a 50% match is provided. The simple fact is that FCT has become an
extremely competitive program—last year, only 24 out of 110 projects were funded—and all but
three of those projects provided matching funds. A 50% match is critical because it will garner
20 additional points. We have helped local governments around the state obtain more than $90
million through FCT over the past 15 years, so we have a great deal of experience in assessing
the chance of success.
Based upon our pre -scoring with the new FCT application, TPL believes the project (with the
match) will score between 140-150 points (not counting up to 10 "Project Excellence" points that
can be awarded at the FCT Governing Board meeting to rank the projects). Keep in mind this
number cannot be compared in any fashion to point totals the previous six years of Florida
Forever, because the application has undergone substantial changes for this upcoming cycle. Last
year, the top score was 185 points, with 165 points being necessary for funding. FCT staff has
indicated in their recent workshops that the new application may produce scores between 15-20
points lower on average. TPL concurs, which means that the Carver Cove project would in fact
be quite competitive with the match commitment.
The submittal deadline for this year's application is May 9, 2007, which will be upon us
before we know it. TPL will, at no cost to the City, take the lead in preparing this lengthy
application, but we will look to the City for help with exhibits and identifying conceptual plans
for the site. FCT staff has indicated that their Governing Board will probably be meeting in early
September to rank this year's application, although we will have a good idea of the project's
3
likelihood of funding by early August, when the FCT staff provides a preliminary score report
for each application.
Thank you for everything, Bennett. The Trust for Public Land is enthused at the
opportunity to work with the City of Cape Canaveral, and hope we can forge a long-lasting
partnership to protect the quality of life in your lovely community. I look forward to having a
productive discussion when the item is presented to the City Council. Please let me know at your
earliest convenience which council meeting you would propose to present this, and I'll make
arrangements to be in attendance. If you have any questions, or need additional information,
please do not hesitate to contact me at (850) 222-7911, ext 27.
Sincerely,
a
Bob Guido
Senior Project Manager
El
Goes Investments LLC 4824 Tangerine Ave.
Winter Park FI 32792
407-657-9604
407-671-4860 Fax
June 6, 2006
Mr. Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
P.O. Box 326
Cape Canaveral, FI 32920-0326
Re: 7625 North Atlantic Ave Potential Park Site
Dear Mr. Mayor, Council Members and City Manager:
My name is Geoff Goetz and thru our company Goetz Investments LLC we own the
above referenced property, currently operated as Carvers Cove Mobile Home Park. I read
with interest the preliminary draft report of the Cities Community Survey 2006. My take away
observation from the report is the citizens of the city desire more park and open space. Page
13 and 15 of the study notes " 84% would like the City to procure more open lands for use as
parks and green space" also of interest the study asks "Just where in the City's almost
completely built out 1.9 square miles of land spare acreage for parks and green space will be
found will be anybody's guess".
Our property could be a extraordinary park site for the following reasons: 4.2 acres
with frontage on Al and Banana River, the site is nicely treed but cleared to allow for active
uses in the Park no clearing or mitigation required, waterfront with a expansive new dock, all
utilities are on site water sewer electric phone and cable, close proximity to City Hall
Complex, boat ramp at the end of Justamere Road, this is to name a few.
The price for the property is $3,500,000. 1 would assume and understand that any
public purchase would have to be based on an appraisal. Prior to the Moratorium we had the
property under contract for $3.6 million, I would be happy to provide that documentation.
Enclosed is the current listing for the property. Please contact me at the numbers above if
there is any interest. I have sent this by email to Mr. Boucher with hard copy by mail.
Sincerely,
Geoff Goetz
Goetz Investments LLC, Manager
BK 670167 CRC 056656
Cell 1-321-228-7421
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Resolution
Item
11
No.
Avon -by -the -Sea. The replat is located on the East side of Poinsetta Avenue, north of Madison Avenue.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2007-11, APPROVING THE PRELIMINARY REPLAT OF
CARIBBEAN VISTAS TOWNHOMES
DEPT/DIVISION: GROWTH MANAGEMENT/P&Z
Requested Action:
City Council consider the adoption of Resolution No. 2007-11, approving the preliminary replat of Caribbean
Vistas Town Homes as requested by the applicants, Daniel and Kathleen Coon, and recommended by the
Planning & Zoning Board.
Summary Explanation & Background:
This request is for a preliminary replat of Lots 9 and 10 of Section 23, Township 24 South, Range 37 East,
Avon -by -the -Sea. The replat is located on the East side of Poinsetta Avenue, north of Madison Avenue.
Exhibits Attached:
P&Z Board recommendation memo dated 03-15-07; Application by Applicant; City Planner's Report; Staff
Comments, Preliminar a lat Drawin (hand-out)
City Manager'
Department GROWTH MANAGEMENT/P&Z
cape-nt\kim\mydocuments\admin\council\meeting\LUU/\u3-zu-ui\zuui-ii.aoc
RESOLUTION NO. 2007-11
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPROVING THE PRELIMINARY REPLAT OF
"CARIBBEAN VISTAS TOWNHOMES"; AUTHORIZING THE
MAYOR TO EXECUTE THE PRELIMINARY REPLAT; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Daniel M. & Kathleen R. Boon, complied with the re -platting
procedures of the City of Cape Canaveral, Florida.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Preliminary Replat of Caribbean Vistas Townhomes,
Section 23, Township 24 South, Range 37 East, Avon -by -the -Sea, Lots 9 and 10 is
hereby approved.
SECTION 2. The Mayor is hereby authorized to execute said Preliminary
Replat.
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 20th
day of March, 2007.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
Bob Hoog
Leo Nicholas
Susan Stills, CITY CLERK Buzz Petsos
Rocky Randels
Shannon Roberts
APPROVED AS TO FORM:
Anthony Garganese, CITY ATTORNEY
K:\CityClk\Resolutions\PLATS\PRELIMINARY\Caribbean Vistas_ 07-11.doc
7
City of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council
Caribbean Vistas Townhomes
Preliminary Replat
------------------------------------------------------------------------------------------------------------
At the Planning & Zoning Board meeting, held on March 14, 2007, by a
unanimous vote, the Board recommended approval of the above referenced
preliminary replat.
Please schedule this item for an upcoming City Council meeting.
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247
www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com
Meeting Type: Planning & Zoning
Meeting Date:
3/14/07
AGENDA REPORT
PLANNING & ZONING BOARD
THE CITY OF CAPE CANAVERAL
SUBJECT: Caribbean Vistas Preliminary Replat
DEPT./DIVISION: Building Department
AGENDA
Heading
Preliminary Replat
Item
#2
No.
1) Application by applicant
Requested Action:
Review and recommend to City Council the proposed preliminary replat for Caribbean Vistas Townhomes.
Summary Explanation & Background:
This request is for a preliminary replat of lots 9 and 10 of Section 23, Township 24 south Range 37 East, Avon -by -the -Sea. The replat
is located on the east side of Poinsetta Avenue north Cf Madison Avenue.
Exhibits Attached:
1) Application by applicant
2) Site report by staff
3) Staff review comments
4) The preliminary replat drawing
Building Official's Office
Department
APPLICATION FOR PLAT REVIEW
DATE OF SUB,'IITTAL: R Io`7 (nec)5c&M,"
1
(NOTE: SUBMITTAL MUST BE SUBMITTED A NlINIMUM OF 30 DAYS PRIOR TO
THE PLANNWG & ZONING MEETING; PLAT MUST MEET THE REQUIREMENTS
OF SECTION 98-41 THROUGH 98-62).
IS THIS ARELaiL�ti NARY LAT, PLA , OR. FINAL PLAT?
-
AMOUNT OF FII D*;G FEE PAID: $'t+ 1 J, CC�
AMOUIV'T OF ENGLNEERING DEPOSIT PAID: c'7� �C�fit�IIi}j }cjCC,—
1 CsC,rc-�
DID BREV ARD COLT _ TY, GEOGRAPHIC RESEARCHDIVISION. APPROVE _-THE
REQUEST FOR STEEET NAME, EF APPLICABLE? (NOTE: THIS NEEDS TO BE
DOtiTE PRIOR TO SUBMITTAL). YES h0 N.A. ✓
PROJECT NAME: 1 '[I a he(n Vt . la's
PROJECT ADDRESS:
LEGAL DESCRIPTION: 3I 9 � � 'Lo}
O W- iNTR(S) NA_VIE: -Du a i e ( m r nr-� kr
OWINTR(S) ADDRESS:_p0oZ_ m5, e -t ra A u�- ('�� a Lcv
PROJECT ARCHITECT/ENGLti'EER:
PHONE NO. OF ARCHITECT/E_NGLN'EER:�5
APPLICANT(S) SIGNATURE:
O VsriV'ERJA GENT
PHO_ -E NCTiNMER OF------
APPLICATION FOR PLAT REVIEW
DATE OF SUBlIITTAL:
(NOTE: SUBIMIITTAL MUST BE SUBMITTED A IVMNT�IUM OF 30 DAYS PRIOR TO
THE PLANTNTNG & ZONLNG MEETING; PLAT MUST MEET THE REQUIREIVIENTS
OF SECTION 98-4I THROUGH 98-62).
IS THIS A PRELLYIINARY PLAT, RE -PLAT, OR FWAL PLAT?
AMOUNT OF FILING FEE PAID: $ A . 50
A. IOUN'T OF ENGINEERING DEPOSIT PAID: S__Z !)Q, C>0
DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE
REQUEST FOR STREET NAME, IF APPLICABLE? (MOTE: THIS NEEDS TO BE
DONE PRIOR TO SUBMITTAL). YES NO N.A.
PROJECT NA'YLE: coo
PROJECT ADDRESS: ,Lo % !'a itl1 �� 1, V::2 Al✓�
LEGAL DESCRIPTION: s«iii za To 1-7
OWINER(S) NA_IIE:_�i -a� o /' _
0WINER(S) ADDRESS:_ $C?02- QF>/a��E7'Ti� Ur 'E � kll l
PROJECT ARCHITECTIENGL`-EER:
PHONE NO. OF ARCHITECT/EGLNEER:�_ C�,�,e.�
_ti
APPLICANTS) SIGNATU-RE:�.wl%11
OVY GENT
PHONE NUIIOER OF OVYiv AGENT: --G
•.•.ALj 1 v.& qL_t u L %.171 VII V L.LVtJL
RELINMUNARY PLAT REPLAY FINAL PLAT RECEIPT
Project Name:
RESIDENTIAL: �� Cw 4 w V15-ks
1, 2 & 3 Residential Units .............................................TOTAL:$37.50
Total # of Units?
(4) or more Residential Units $50.00 (1st (4) Units), $50.00
Plus a Units Q $7.50 per unit $ p
Total: $
COMMERCIAL:
$150 per acre of land, or portion thereof.
Acres X $150 TOTAL: ............... $
SITE PLAN EXTENSION•.....................................TOTAL:................$150.00
SITE PLAN RESUBMISSION• 50% of original fee ......... TOTAL: ..............
DEPOSIT TOWARDS REVIEW FEES.
Total Acres:
Office Use Only: Escrow Account # 1-202.2400
TOTAL REVIEW DEPOSIT RECEIVED: $`'70O• ")
TOTAL SITE PLAN SUBMITTAL FEE RECEIVED:
PAID RECEIPT NGO� DATE RECV'D
RESIDENTIAL: 1- 4 Units .....................
$700.00
Over 4 Units ..................
$1, .00
COMMERCIAL: Up to 4 Acres.................$1,500.00
Over 4 up to 8 Acres
..... $2,000.00
Over 8 Acres ..................$3,000.00
Total Acres:
Office Use Only: Escrow Account # 1-202.2400
TOTAL REVIEW DEPOSIT RECEIVED: $`'70O• ")
TOTAL SITE PLAN SUBMITTAL FEE RECEIVED:
PAID RECEIPT NGO� DATE RECV'D
City of Cape Canaveral
Caribbean Vistas Preliminary Replat
Applicant:
Location:
Proposed Amendment Acreage:
Permitted 15 DU per acre:
Proposed Number of Units:
Current Future Land Use:
Current Zoning:
Daniel and Kathleen Coons
Section 23, Township 24 South, Range 37 East
0.287 +/- Acres
4 units (maximum potential units for whole site)
Ll
R-2 Residential
R-2 Residential
Description:
The applicant proposes a preliminary replat of lots located at 420 Madison Avenue,
Parcel No. 24 -37 -23 -CG -00016.0-0010.00. The replat will result in four (4) lots created
out of the existing ones, all with frontage onto Poinsetta Avenue. The subject site is
located north of and adjacent to Madison Avenue and east of and adjacent to Poinsetta
Avenue.
Public Services and Facilities in Amendment Area:
The Level of Service for parks and recreation is two (2) acres of park land per 1,000
residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral.
This equates to a population of approximately 12,000 residents. The City's population as
of April, 2006 was 10,034. There is still adequate park space available.
AlA is operating at Level of Service "A" with 283 available peak hour trips between
North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level
of Service "A" with 325 excess trips. If developed completely as residential, the site
could generate 2 to 4 PM peak hour trips.
The City of Cape Canaveral provides wastewater treatment. The wastewater treatment
capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an
excess capacity of 0.54 MGD. The Level of Service for wastewater capacity is 118
North
South
East
West
Zoning
R-2 Residential
R-2 Residential
R-2 Residential
R-2 Residential
Comp Plan
R-2 Residential
R-2 Residential
R-2 Residential
R-2 Residential
Existing
Conditions
Single Family
Residential
Single/Multi
Family Residential
Multifamily
Residential
Single Family
Residential
Public Services and Facilities in Amendment Area:
The Level of Service for parks and recreation is two (2) acres of park land per 1,000
residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral.
This equates to a population of approximately 12,000 residents. The City's population as
of April, 2006 was 10,034. There is still adequate park space available.
AlA is operating at Level of Service "A" with 283 available peak hour trips between
North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level
of Service "A" with 325 excess trips. If developed completely as residential, the site
could generate 2 to 4 PM peak hour trips.
The City of Cape Canaveral provides wastewater treatment. The wastewater treatment
capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an
excess capacity of 0.54 MGD. The Level of Service for wastewater capacity is 118
gallons per capita per day. At 2.35 persons per household, X's the proposed four (4)
households, X's 118; the projected demand for the proposed development is
approximately 1,109 gallons per day of wastewater. There is adequate wastewater
treatment capacity available.
The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD.
Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6
MGD available. The Level of Service for potable water is 264 gallons per household per
day. At 264 X's four (4) households; the projected demand for the proposed project is
1,056 gallons per day of potable water. There is adequate potable water service available
with the proposed change.
Brevard County provides facilities for solid waste disposal. At this time, the County
does not foresee any deficiency with their solid waste facilities.
Environmental Description of Amendment Area:
The subject site consists of Galveston -Urban land complex (Ga) soil type. The soils in
this complex are well -drained Galveston sand and sandy soils that consist of reworked
and leveled sandy materials that resemble Galveston sand. The water table generally is
below a depth of 60 inches; it is between 40 and 60 inches for short periods during the
rainy season. There appear to be no wetlands on site. Wetland determinations or
verification are permitted by St. Johns River Water Management District. There is no
known Aquifer Recharge or Floodplain areas associated with this parcel. There are also
no known endangered species living on the site.
Historical and Archaeological Resources in Amendment Area:
There are no known historical or archaeological resources on site.
Population Projections and Trends:
The average household size is 2.37 persons. The four (4) units will probably
accommodate nine (9) to ten (10) new persons.
Page 1 of l
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MEMORANDUM
TO: Todd Morley,
Building Official
TO: Todd Peetz
City Planner
FROM: Ed Gardulski
Public Works Director
DATE: February 15, 2007
RE: Caribbean Vista
Preliminary Re -Plat
The Public Works Department has reviewed the Preliminary Re -Plat of the above
stated project and has the following comment:
1.) Please provide any and all existing easement(s) that this re -plat will vacate and note
on the drawing that this re -plat (vacationed/did not vacationed) any preexisting
easements.
Memorandum
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: March 6, 2007
Re: Caribbean Vistas Townhomes Preliminary Replat
I have reviewed the Caribbean Vistas Townhomes Preliminary Replat and have the no
comments on the replat itself.
The following information will need to be provided as part of a subsequent site plan.
1) Four or more units require a site plan submittal.
2) Townhomes require three parking spaces per unit. Each space is required to be 200
square feet. Please demonstrate, on the preliminary replat, how three parking spaces per
unit will be provided. - Section 110-374. Off-street parking -.For a townhouse, there shall
be a minimum of three parking 'paces for each living unit located on the same property as the main
building. The minimum of three parking spaces shall be required of all living units of three bedrooms or
less. Living units containing in excess of three bedrooms shall require an additional parking space for
each bedroom in excess of three.
3) Please provide a tree survey for the subject site
4) Please provide a traffic study as required by the Land Development, Section 86-6(e).
If you have any questions, or need further information please feel free to contact me at 407-
629-8880.
March 7, 2007
Mr. Todd Peetz
Miller -Legg & Associates
631 South Orlando Avenue
Suite 200
Winter Park, FL 32789
RE: Preliminary Plat Review — Caribbean Vistas (formerly Coon's Run) - Review #2
SSA Job No. 05.0025, Task 043.1003
Dear Mr. Peetz:
SSA has reviewed the submitted preliminary plat for the above referenced project. Based on our review,
SSA recommends said plat for City approval.
This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction
over the project site. Should you have any questions regarding this letter, please do not hesitate to call.
Sincerely,
David Roy Jones, PMS
Chief Surveyor
DRJ:jls
Cc: Susan L. Chapman
City Engineer's Review Fee For Review #2 — NIC
NOTICE OF ADDITIONAL FEES
As this project is being reviewed under the original City contract,
Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour.
SI'OTTLER SI'AGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC.
8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-7837065
u:Goan sottonvakmAprojectskapekF canbbean vista aka coon's run towohomnes pre p at review 3.doc #EBiN1n0762 #LB0006700
Page 1 of 1
Susan Chapman
From: John Cunningham ocunningham@ccvfd.org]
Sent: Wednesday, March 07, 2007 11:08 AM
To: chapman-cape@cfl.rr.com; TPeetz@millerlegg.com
Subject: Re:Caribbean Vistas ( 2nd Replat)
We have reviewed the replat and have no comment at this time.
03/07/2007
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Discussion
item
12
No.
Please advise.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: PURCHASE OF A FIBERGLASS MANATEE FOR OUR SISTER
CITY OF VILA DO BISPO, PORTUGAL
DEPT/DIVISION: BEAUTIFICATION
Requested Action:
City Council consider the purchase of a five-foot long custom made fiberglass manatee for our sister city of
Vila do Bispo, Portugal as recommended by the Beautification Board
Summary Explanation & Background:
See attached memo of recommendation from the Beautification Board. Estimated cost of the manatee and
shipping is $2,130.00.
Please advise.
Exhibits Attached:
Beautification Board's o
City Manager'
Department BEAUTIFICATION
cape-nt\kim\mydocuments\admin\council\meeting\2007\03-20-07\manatee.doc
City of Cape Canaveral
4
Memo
To: Ed Gardulski, Director, Public Works
Bennett Boucher, City Manager
Susan Stills, City Clerk
From: Judy Hale, Chairperson, Beautification Board
Date: 3/2/2007
Re: Manatee Purchase for Sister City, Vila Do Bispo, Portugal
At their February 13, 2007 Regular Meeting, the Beautification Board unanimously voted not to further
pursue the purchase of a Manatee statue for our sister city in Vilo Do Bispo, Portugal. Although the
board strongly desires to send the manatee, it is apparent the City Council does not feel the same.
After the City of Vilo Do Bispo named a park and street in honor of the City of Cape Canaveral, the
board does feel that council should reciprocate in some manner in honoring our sister city. The board
feels a gift is warranted and should possibly be one which is indicative of our city's logo of Sun, Space
and Sea The Beautification Board recommends City Council pursue the purchase of an appropriate
gift for our Suter Ci`y'.
if the City Council should desire to pursue the gift of the manatee, research and price quotes from
March 2006 had a purchase and delivery cost of $2130.00.
Respectfully,
udy Ha!e
Chairperson, Beauti,icatiOn Board
1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326
Telephone (321) 868-1221 * Fax (321) 868-1248 * www.myflorida.com/cape
City Manager's
Office
To: ED GARDULSKI, PUBLIC WORKS DIRECTOR
From: BENNETT BOUCHER, CITY MANAGER6P4
11,
CC: ANDREA BOWERS, CITY TREASURER
Date: January 23, 2007
Re: SISTER CITY — VILA DO BISPO, PORTUGAL
Several months ago, the Beautification Board had recommended to City Council that a
fabrication of a fiberglass manatee be sent to our Sister City as a goodwill gesture.
At the 01-16-07 City Council Meeting this item was discussed again, and council would like
the board to explore other types of items, in keeping with the theme of the Sister City
relationship, as noted within the attached document.
BB/kmm
Attachments
SISTER CITIES
The municipality of Vila do Bispo (Portugal) and the municipality of Cape Canaveral, Florida
(United States of America), represented by their respective mayors, being aware of the
importance of the common historical and cultural heritage associated with humanity's greatest
accomplishments, and by the connection of Sagres, which is a candidate to the classification of
Patrimony of Humanity by United Nations Educational, Scientific and Cultural Organization, to
the life and work of Henry the Navigator, the great force behind the Portuguese Discoveries of
the 15th century, and b the connection of Cape Canaveral to the pioneering y P P g phase of the
conquest of space, with particular reference to the voyage of Apollo 11 in 1969 and the
declaration of Astronaut Neil Armstrong upon taking his first step on the lunar surface, "A great
leap for mankind", agree
ON TRIS DAY TO SEAL THE SOLEMN PROMISE
to maintain permanent ties between the two municipalities, to strengthen and encourage
interchange on all levels and to develop an Agreement of Cooperation and Development which
unites the two communities for posterity and contributes to deepening the knowledge and the
propagation of these two periods in the history of mankind, the Portuguese Discoveries and the
exploration of space.
The Mayor of Vila do Bispo
(Portugal)
f f
Gilbe o Repolho dos Reis Viegas
The Mayor of Cape Canaveral
(United States of America)
Rocky Randels
Memorandum
To: Bennett Boucher, City Manager
From: Andrea Bowers, City Treasurer
Date: 21 December 2006 zu
Re: Status of Portugal Manatee Escrow
The Manatee for Portugal Escrow contains as of this date $700.00. This is
comprised of the following donations:
4/5/2006 Leo Nicholas $100.00
4/5/2006 All Shores Construction 500.00
4/17/2006 Bruce Collins 100.00
The Recycling Products Fund contains $41,118.01.
Memo
• 1; : • • -
From Ed Gardulski, Public Works Director via Beautification Board
Date: Mandl 24, 2006
Rw Agenda item for April 18th Council Meeting,
Request for Council Approval,
Purchase of Fiberglass Manatee for Portugal
The Beautification Board at their March 14, 2006 meeting unanimously agreed to
recommend to City Council that the City proceed with the purchase of a 5400t
fiberglass manatee in the amount of $ 2,130.00 to be sent to Portugal. (copy of
Beautification Board Minutes and quote attached)
We request that this item be placed on the April 18, 2006 City Council agenda.
Respectfully submitted,
Beautification Board
/ch
• Page 1
4uotes for Manatee
Vendor Beserintion Price
Tim Vilona 4 $. bronze manatee $ 4,850 **
R P. Creations 5 ft. fiberglass manatee $ 2,130 **
Brown's Taxidermy 4 ft. fiberglass manatee $ 750
American Bronze 4 & bronze manatee $ 13,360 **
** vendor requires 50'/o deposit down prior to construction.
As of2/06/06
•�74 n y
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♦:+mow_;;-s9':.; .. .. ...
City of Cap Canaveral 0/103106
Public Works
Cathy Hardy
321-888-1240
1233 Fx
We are pleased to quote the fiberglass creation of one Manatee 5 feet long.
This creation is a unique production or better known as a ;one off}.
PRICE $2,130.00 each delivered.
Terms: 50% deposit required upon ordering, balance due preshipment.
Design is monitored via email.
Thank you,
Raymond A. Paulin
Owner/ Designer
P.O. NO. ±FRMS DUE DATE W SHP [TATE Siff N1A FOg PROJECT
114/M 1140M.
.
m DESC IMON QTY RATE AlY1t3UW
F15ZE 1;' 1 ISOM ISOM
f
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UbWUI 3»t,_00
Sol" Tax MOD
TOW $710.00
ffiafs f
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Web S"
321-791-6677
U1 -W4-56,7
kowwmiciecary.cm
From: 'Cheri Vilona' <cherivi(ona@earthlink.neb
To: <chardypw@beIIsouth.neb
Cc: <jimvilona @ earthlinknet>
Sent: Tuesday, November 01, 2005 325 PM
Subject: resubmit quote for Manatee
Dear Cathy,
Jim has advised me to offer you a smaller Manatee, approximately 4 foot long by 1-i/2 to 2 feet
wide at the price of 4,850.00.
We would scale down the piece as pictured 10/6/05 and I think it would work for you.
The shipping is seperately billed, and the deposit would be half of 4,850.00 to begin production,
and the balance would be remitted before shipping.
Kindly advise if this will enable the project to move forward. We would be happy to assist you
with anything you may need.
Best Regards,
Cheri Vilona
Cheri Vilona
IIR12005
CC Public
From: 'Carol Mayer <carol@amedcanbronze.com>
To: <chardy-cape@cfl.rr.com>
Sent: Thursday. February 02,2006 11:39 AM
Subject: Price Estimate
Dear Cathy,
Here is the price estimate for creating a bronze casting of a 4 foot long
manatee. Please let me know if you have any questions about it. We would
welcome having the opportunity to work with you on this and other bronze
casting projects. I am looking forward to hearing back from you about it.
With best regards,
Carol E. Mayer, Vice President -Sales
American Bronze Foundry
1650 E. Lake Mary Boulevard
Sanford, Florida 32773
Toll -fire #: (800) 881-8090
Local #: (407) 328-8090
Fax: (407) 328-7010
E-mail: carol@americanbuonze.com
Web site: httD://www.americanbronze.com
PRICE ESTIMATE
"Manatee" - Approximately 4 feet long x 2 feet wide x 2 feet high
Artwork: $4,460.00
Mold: $2,015.00
Bronze Casting - Full Service, Including Patina & Mounting Rod: $6,885.00
Total: $13,360.00
Additional Information:
1) Estimated Production Time: Artwork 12 weeks + Mold and Casting 16 - 18
weeks, total = 28 -30 weeks.
2) Payment Terms: 50% down and the balance upon completion of each stage
(artwork, mold & casting stages). We accept checks and credit cards. Sales
tax (7%) is added unless we have a current annual, signed Florida Resale or
fax Exemption Certificate on file or the bronze castings) are shipped out
of state via common carrier.
3) Any packaging and shipping is additional.
4) This price estimate is quoted from a picture or drawing and is subject to
change pending review of the original artwork after it is approved.
S) Price estimate is valid for 30 days.
We would welcome having the opporhmity to work with you on this project.
Carol Mayer
American Bronze Foundry
Toll-free #: (800) 881-8090
Lib/2006
City of Cape Canaveral, Florida
City Council Regular Meeting
April 4, 2006
Page 3 of 10
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 5-0
with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas,
For; Mr. Petsos, For and Mayor Randels, For.
CONSIDERATIONS:
3. Motion to Approve: Award RFP No. 06-01, Continuing Concrete Construction
Services to Mudrak Engineering and Construction Company.
Jeff Ratliff, Stormwater Administrator, distributed a handout for Council's review. He
informed that Gibbs and Register, Inc. was ranked first However, after staff submitted a
sample project for a cost estimate, Gibbs and Register's costs were found too expensive
and therefore staff rejected their proposal. Staff then submitted the same sample project
to Mudrak Engineering and found the costs acceptable. Mr. Ratliff informed that J & S
Curb was charging around $21 per linear foot and Mudrak's costs were between $18 and
$20 per linear foot. Mayor Randels concluded that City staff planned to group small
concrete projects together for cost efficiency.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve the Award for Request for Proposal No. 06.01, Continuing Concrete
Construction Services to Mudrak Engineering and Construction Company. The
vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For;
Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For.
4. Motion to Approve: Purchase of a Fiberglass Manatee for Our Sister City of
Vila Do Bispo, Portugal.
Mayor Randels explained how the project initiated. He asked if the Sister City, Vila Do
Bispo desired to receive the gift? Mr. Nicholas related that many gifts were exchanged
during the Portugal visit to Cape Canaveral and subsequently a street in Vila Do Bispo
was named for the City. Mayor Randels informed that the 5 -foot Manatee was reasonably
pried at $2,100. Mayor Pro Tem Hoog questioned using referendum Ad Valorem
Beautification Funds for a purchase that is not for the beautification of this City. Attorney
Garganese advised that the Council find unrestricted funds to make the purchase. Mr.
Petsos expressed concern with using taxpayer funds in addition to staffs trip to Portugal
for a good will gift. He expressed to see taxpayer funds used for the City. Mr. Morgan
noted that the Portugal delegation gave the City an economic boost during their visit.
Mr. Nicholas explained that Sister City relations are established for good will and
exchange of culture and he related that a national interest appears in building global
relationships. Mayor Pro Tem Hoog said that the funds should corse from fundraising
efforts. He agreed with Mr. Petsos. Mr. Petsos suggested more communication and
interaction between the two cities' schools for cultural exchange. Mayor Randels replied
that he would contact Cape View Elementary School to establish that dialogue. Mr.
City of Cape Canaveral, Florida
City Council Regular Meeting
April 4, 2006
Page 4 of 10
Petsos suggested seeking assistance from local businesses. Mr. Morgan pledged $500 to
the fund and Mr. Nicholas pledged $100. Mayor Randels concluded that the City
Treasurer could start an Escrow Account for the funds. Ms. Bowers informed that checks
could be made out to the City of Cape Canaveral for the contributions.
No motion was made on this item.
5. Motion to Approve: Proposal to Conduct a Business Survey in an Amount
Not to Exceed $15,000 by University of Central Florida.
Mayor Randels read the Business and Cultural Development Board's By -Laws that
outlines their purpose to bring in new and needed businesses into the City. Mr. Craig
Smith, Board Chairperson, outlined the Board's intent with the Survey. The Survey is a
five-minute interview in which college students would pose questions from the Board to
gain information toward residents' needs. He affirmed for Mr. Nicholas that the students
would disclose the Survey's purpose. Mr. Smith informed that the Board would publish the
Survey's intent via the Hometown News and part of the survey was a web page linked
from the City's web site. Mayor Pro Tem Hoog questioned the $2,500 cost of the web
page portion. Mr. Boucher reported that the web page portion included data analysis. Mr.
Nicholas expressed favor that the survey would reach permanent City residents. He
stated that the Survey was a proactive stance on the Board's part to identify needs.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the
Proposal for the University of Central Florida to Conduct a Business Survey in an
Amount Not to Exceed $15,000. The vote on the motion carried 5-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos,
For and Mayor Randels, For.
RESOLUTIONS:
6. Motion to Adopt: Resolution No. 2006-11; Supporting the Florida
Department of Elder Affairs' Communities for a Lifetime.
Mayor Randels read Resolution No. 2006-11 by title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS'
COMMUNITIES FOR A LIFETIME; PROVIDING AN EFFECTIVE DATE; AND
PROVIDING FOR ADOPTION.
Mayor Randels related that the Program was formerly called Elder Ready Communities.
Mayor Randels introduced Ms. Tammy Harris from the Elder Affairs Commission. Ms.
Hams informed that ten Brevard County cities are acknowledged as Communities for a
Lifetime. She commended Mayor Randels for his help to promote the Commissions
efforts. Ms. Hams stated that by 2011 seniors will equal children in number and this
resolution would establish future planning. Ms. Harris informed that Brevard County set
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA
Heading
Discussion
item
13
No.
2. Establish as a principal use within the R-1, R-2 and R-3 residential zoning districts.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: RESORT DWELLING UNITS
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council discuss the regulation of resort dwelling units.
Summary Explanation & Background:
The city attorney was directed at the 03-14-07 workshop meeting to prepare (2) ordinances as follows:
1. Prohibit resort dwelling units within the R-1, R-2 and R-3 zoning district, and establish as a principal
use within the C-1 commercial district.
2. Establish as a principal use within the R-1, R-2 and R-3 residential zoning districts.
The non -conforming section will be amended to reflect adherence to the City's current non -conforming use
code.
Discussion only.
Exhibits Attached:
City Manager's '"
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2007\03-20-07\resortdwellings.doc
DRAFT March 15, 2007
OPTION #I
ORDINANCE NO. 19-2006
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; CLARIFYING THE INTENT OF
THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS;
DEFINING THE TERM "RESORT DWELLING" AND
"RESORT CONDOMINIUM;" PROVIDING FOR RESORT
DWELLINGS AND RESORT CONDOMINIUMS AS
PRINCIPAL USES IN THE C-1 ZONING DISTRICT;
PROVIDING FOR MINIMUM NUMBER OF DWELLING
UNITS FOR RESORT CONDOMINIUMS; SETTING FORTH
A PROCEDURE FOR ESTABLISHING A NONCONFORMING
STATUS FOR CERTAIN RESORT DWELLINGS AND
RESORT CONDOMINIUMS IN THE R-1, R-2 AND R-3
ZONING DISTRICTS BASED ON CERTAIN EXISTING
LICENSE AND TAX FACTORS SPECIFICALLY
ENUMERATED HEREIN; PROVIDING FOR EXPIRATION
OF SUCH NONCONFORMING STATUS UNDER CERTAIN
CIRCUMSTANCES; AMENDING THE SUPPLEMENTAL
ZONING DISTRICT REGULATIONS TO RESTATE THAT
ANY RENTAL OF A DWELLING UNIT SHALL BE FOR A
MINIMUM OF SEVEN (7) DAYS; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, limitations on resort dwellings, resort condominiums, and other transient
commercial uses serve a substantial governmental interest in preserving the character and integrity
of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing
v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and
City of Cape Canaveral
Ordinance No. 19-2006
Page 1 of 9
DRAFT March 15, 2007
OPTION #I
WHEREAS, the City seeks to maintain residential zoning districts that are free from
congestion and overpopulation and that promote the permanent residency of families; and
WHEREAS, the City's zoning district regulations are intended to permit only those uses that
are expressly provided for under the list of principal uses and special exception uses for each zoning
category; and
WHEREAS, all other uses not expressly provided for as a principle use or special exception
are intended to be prohibited; and
WHEREAS, resort dwellings and resort condominiums are not currently expressly listed as
a principle or special exception use within any zoning district; and
WHEREAS, the City Council hereby finds that it is necessary to list resort dwellings and
resort condominiums within a specific zoning district in order to preserve the residential character
of portions of Cape Canaveral and to protect Cape Canaveral from becoming an overwhelming
transient type community; and
WHEREAS, the City Council is aware of, and relies upon, case law precedent which holds
that a property owner does not have a vested right in zoning ordinances and that the mere purchase
of land does not create a right to rely on existing zoning. See e.g., City of Miami Beach v. 8701
Collins Ave, 77 So. 2d 428 (1954); Epifano v. Town oflndian River Shores, 379 So. 2d 966 (Fla. 4`h
DCA 1979); and
WHEREAS, while the City Council desires to afford some protections to existing resort
dwellings and resort condominiums that will become nonconforming under this ordinance, the City
Council seeks to balance the competing interests between existing uses and the City Council's desire
to protect the residential character of Cape Canaveral consistent with the City's Comprehensive Plan;
and
WHEREAS, the City Council hereby finds that protecting the residential character of the
City of Cape Canaveral and promoting permanent residency are of paramount public importance;
and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the City
of Cape Canaveral to provide for resort dwellings and resort condominiums as an additional
permitted use in the C-1 Low Density Commercial zoning districts; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
City of Cape Canaveral
Ordinance No. 19-2006
Page 2 of 9
DRAFT March 15, 2007
OPTION #I
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and st, ikeont
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Resort condominium shall mean any unit or group of units in a condominium cooperative
or timeshare plan which is rented more than three (3) times in a calendar year for periods of less than
thirty (30) days or one (1) calendar month whichever is less or which is advertised or held out to
the public as a place regularly rented for periods of less than thirty (30) days or one (1) calendar
month, whichever is less.
Resort dwelling shall mean any individually or collectively owned one -family, two-family
three-family, or four -family dwelling house or dwelling unit which is rented more than three (3)
times in a calendar year for periods of less than thirty (30) days or one (1) calendar month whichever
is less, or which is advertised or held out to the public as a place regularly rented for periods of less
than thirty (30) days or one (1) calendar month whichever is less
ARTICLE VII. DISTRICTS
City of Cape Canaveral
Ordinance No. 19-2006
Page 3 of 9
DRAFT March 15, 2007
OPTION #I
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110-271. Intent.
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the permanent residency of single families and to enhance and maintain
the residential character and integrity of the area.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as follows:
Single-family dwellings. In no case shall there be more than one principal structure per lot
or parcel. Dwelling anit rentals of less than seven days are prohibited.
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
City of Cape Canaveral
Ordinance No. 19-2006
Page 4 of 9
DRAFT March 15, 2007
OPTION #1
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre,
and dweiling Mit rentals of less than seven days are expiessly ptuhibited.
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation to promote the permanent residency of
families and to enhance and maintain the residential character and integrity of the area
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures shall be:
(1) Single-family dwellings;
(2) Two-family dwellings;
(3) Multifamily dwellings; or
(4) Public schools.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre,
and d -welling unit tentais of less than seven days are expressly prohibited.
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
Sec. 110-332. Principal uses and structures.
City of Cape Canaveral
Ordinance No. 19-2006
Page 5 of 9
DRAFT March 15, 2007
OPTION #I
In the C-1 low density commercial district, the following uses and structures are permitted:
(15) Resort dwellings duly licensed by the state
(16) Resort condominiums licensed by the state provided there are a minimum of one
hundred fifty (150) units and the density shall not exceed fifteen (15) dwelling
units per net acre.
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 110-485. Resort dwellings and Resort Condominiums; nonconforming use status;
expiration.
(a) Subject to strict compliance with the requirements set forth in subsections (b) and (c)
of this section, any resort dwelling or resort condominium existing as of November 21 2006
on real property zoned R-1, R-2 or R-3 shall be deemed a nonconforming use subject to the
provisions of Chapter 110, Article V Nonconformities of this Code
(b) In order to be considered existing as of November 21 2006 the person claiming a
nonconforming resort dwelling or resort condominium on real property zoned R-1 R-2 or
R-3 must demonstrate one of the following:
(1) As of November 21 2006 the resort dwelling or resort condominium was
licensed by the Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation and applicable transient rental taxes pursuant
to section 212.03, Florida Statutes have been duly paid;
(2) As of November 21 2006 a local business tax receipt (formerly known as an
occupational license) was issued by the City for the resort dwelling or resort
condominium and applicable transient rental taxes pursuant to section 212 03
Florida Statutes, have been dulv paid provided the person issued the local business
tax receipt obtains a license from the Division of Hotels and Restaurants of the
Florida Department of Business and Professional Regulation within ninety (90) days
City of Cape Canaveral
Ordinance No. 19-2006
Page 6 of 9
DRAFT March 15, 2007
OPTION #I
of the effective date of this ordinance; or
(3) As of November 21, 2006 the resort dwelling or resort condominium has a
pending license application before the Division of Hotels and Restaurants of the
Florida Department of Business and Professional Regulation provided the license
is obtained within ninety (90) days of the effective date of this ordinance
(c) Any person claiming that a resort dwelling or resort condominium should be deemed
nonconforming under this section shall be required to file an application with the city
manager within thirty (30) days of the effective date of this ordinance The application shall
be on a form provided by the city manager and shall be for the purpose of verifying whether
or not a particular resort dwelling or resort condominium should be deemed nonconforming
under this section. The application shall be accompanied with copies of all applicable
licenses and tax receipts which are necessary for the city manager to determine whether or
not the resort dwelling or resort condominium should be declared a nonconforming use
Upon verification that a nonconforming resort dwelling ore resort condominium use status
exists, the city manager shall issue to the applicant a written notice of nonconforming use
status for the particular resort dwelling or resort condominium Upon the passing of the
application deadline set forth in this subsection all persons shall be barred from claiming
nonconforming use status under this section
d) Any resort dwelling or resort condominium deemed nonconforming pursuant to this
section shall lose its nonconforming status if any one (1) of the following occurs.•
(1) The resort dwelling or resort condominium use is abandoned pursuant to
section 110-197 of this Code;
(2) The Division of Hotels and Restaurants of the Florida Department of
Business and Professional Regulation revokes the resort dwelling's or resort
condominium's license for whatever reason or if said license should otherwise
expire or lapse at any time.
(e) Notwithstanding the provisions set forth in subsection (b) an owner of a one -family,
two-family, three-family, or four -family dwelling house or dwelling unit in the R-1 R-2 and
R-3 zoning districts shall have the opportunity to convert said house or unit into a resort
dwelling by filing a written notice of intent to do so within ninety (90) days from the
effective date of this ordinance. Said notice shall be on a form provided by the city manager
and shall contain the owner's name address telephone number, address of the subject house
or unit which may be converted and a statement of intent to convert said property to a resort
dwelling in the future. The notice shall be filed with the city manager. Upon filing the city
manager shall confirm receipt of the filing in writing If a notice of intent is filed the
City of Cape Canaveral
Ordinance No. 19-2006
Page 7 of 9
DRAFT March 15, 2007
OPTION #1
property owner shall have the one-time right to convert the subject house or unit to a resort
dwelling for a period of two (2) years after said notice is filed provided a resort dwelling
license is issued by the state within said time period Upon expiration of the two year time
period, the right to convert the house or unit into a resort dwelling shall expire if a resort
dwelling license from the state has not been obtained If the house or unit is lawfully
converted hereunder, it shall automatically be deemed a nonconforming use subject to the
provisions set forth in subsection (d).
Sec. 110-486. Rental Restrictions on Dwelling Units
It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive
days.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2007.
ROCKY RANDELS, Mayor
City of Cape Canaveral
Ordinance No. 19-2006
Page 8 of 9
ATTEST:
DRAFT March 15, 2007
OPTION #I
For Against
Bob Hoog
------_----- ________ Leo Nicholas
Buzz Petsos
Rocky Randels
SUSAN STILLS, City Clerk C. Shannon Roberts
I" Legal Ad Published:
First Reading:
2"d 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. 19-2006
Page 9 of 9
DRAFT March 15, 2007
OPTION #2
ORDINANCE NO. -2007
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE
CODE OF ORDINANCES; TO PROVIDE THAT RESORT
DWELLINGS SHALL BE A PRINCIPAL USE IN THE R-1, R-
2, R-3 AND C-1 ZONING DISTRICTS PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 U.S. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, limitations on resort dwellings and other transient commercial uses serve a
substantial governmental interest in preserving the character and integrity of residential
neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of
Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal. Ct. App. 1991); and
WHEREAS, the City's zoning district regulations are intended to permit only those uses that
are expressly provided for under the list of principal uses and special exception uses for each zoning
category; and
WHEREAS, all other uses not expressly provided for as a principle use or special exception
are intended to be prohibited; and
WHEREAS, the City Council deems it to be in the best interests of the citizens of the City
of Cape Canaveral to provide for resort dwellings as an additional permitted use in the R-1, R-2, R-3,
and C-1 zoning districts; 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
City of Cape Canaveral
Ordinance No. -2007
Page I of 6
DRAFT March 15, 2007
OPTION #2
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows underlined type indicates additions and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text
existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 110. ZONING
ARTICLE I. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Resort dwellinz shall mean any individually or collectively owned one -family, two-family,
three-family, or four -family dwelling house or dwelling unit which is rented more than three (3)
times in a calendar year for periods of less than thirty (30) days or one (1) calendar month whichever
is less, or which is advertised or held out to the public as a place regularly rented for periods of less
than thirty (30) days or one (1) calendar month whichever is less
ARTICLE VII. DISTRICTS
DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT
Sec. 110-271. Intent.
City of Cape Canaveral
Ordinance No. -2007
Page 2 of 6
DRAFT March 15, 2007
OPTION #2
The requirements for the R-1 low density residential district are intended to apply to an area
of single-family unattached residential development. Lot sizes and other restrictions are intended
to promote and protect a high quality of residential development free from congestion and
overpopulation, to promote the residency of single families and to enhance and maintain the
residential character and integrity of the area.
Sec. 110-272. Principal uses and structures.
The principal uses and structures in the R-1 low density residential district are as follows:
Single-family dwellings. In no case shall there be more than one principal structure
per lot or parcel. Dweiiing unit rentals of less than seven days ate piolfibited.
(2) Resort dwellings duly licensed by the state.
DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-291. Intent.
The requirements for the R-2 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation to promote the residency of families and
to enhance and maintain the residential character and integrity of the area
Sec. 110-292. Principal uses and structures.
In the R-2 medium density residential district, the principal uses and structures shall be:
(5) Resort dwellings duly licensed by the state.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre, and dwelffilg unit miltals of less than Seven days am expressiy ptuhibited.
City of Cape Canaveral
Ordinance No. -2007
Page 3 of 6
DRAFT March 15, 2007
OPTION #2
DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
Sec. 110-311. Intent.
The requirements for the R-3 medium density residential district are intended to apply to an
area of medium density residential development with a variety of housing types. Lot sizes and other
restrictions are intended to promote and protect medium density residential development maintaining
an adequate amount of open space for such development. Further, the provisions herein are intended
to promote areas free from congestion and overpopulation to promote the residency of families and
to enhance and maintain the residential character and integrity of the area
Sec. 110-312. Principal uses and structures.
In the R-3 medium density residential district, the principal uses and structures shall be:
(5) Resort dwellings duly licensed by the state.
Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net
residential acre, and dwelling anit tentals of less than seven days ate expressly prohibited.
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
Sec. 110-332. Principal uses and structures.
In the C-1 low density commercial district, the following uses and structures are permitted:
(15) Resort dwellings duly licensed by the state.
City of Cape Canaveral
Ordinance No. -2007
Page 4 of 6
DRAFT March 15, 2007
OPTION #2
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 110-486. Rental Restrictions on Dwelling Units
It shall be unlawful for any person to rent a dwelling unit for less than seven (7) consecutive
days.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
, 2007.
ROCKY RANDELS, Mayor
City of Cape Canaveral
Ordinance No. ----2007
Page 5 of 6
ATTEST:
SUSAN STILLS, City Clerk
V Legal Ad Published:
First Reading:
2"d Legal Ad published:
Second Reading:
DRAFT March 15, 2007
OPTION #2
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
Bob Hoog
Leo Nicholas
Buzz Petsos
Rocky Randels
C. Shannon Roberts
City of Cape Canaveral
Ordinance No. _ -2007
Page 6 of 6
Meeting Type: Regular
Meeting Date: 03-20-07
AGENDA REPORT
AGENDA
Heading
Discussion
Item
14
No.
Discussion only.
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: ADMINISTRATIVE APPEALS RELATED TO THE ZONING CODE
OF ORDINANCES
DEPT/DIVISION: LEGISLATIVE
Requested Action:
City Council review the Administrative Appeals section of the Zoning Code of Ordinances.
Summary Explanation & Background:
Councilmember Roberts expressed concern at the 03-06-07 City Council meeting that City Council did not act
upon appeals related to zoning code issues and requested a review and discussion about the existing appeals
process.
Discussion only.
Exhibits Attached:
City Codes 110-40; 110-87
City Manager's
Department LEGISLATIVE
\_
—unci uaeeui g\uu\uj-�u-ui\appeals.aoc
DIVISION 5. ADMINISTRATIVE APPEALS Page 1 of 1
DIVISION 5. ADMINISTRATIVE APPEALS
Sec. 110-40. Administrative appeals.
(a) Any final administrative decision regarding the enforcement or interpretation of this chapter,
where it is alleged there is an error by an administrative official, can be appealed as set forth in
this section. Any of the following may seek review of an administrative decision pursuant to this
section:
(1) City council;
(2) Planning and zoning board;
(3) Any person aggrieved or affected by any decision of the building official in the
interpretation of any portion of this chapter.
(b) Appeals shall be taken within 30 days after such administrative decision is made by filing a
written notice of appeal with the building official and the board of adjustment stating the name of
the decision maker, date of the decision, applicable code provisions and the specific grounds for
appeal. Upon receipt of the notice of appeal, the building official shall schedule the appeal
before the board of adjustment and transmit all documents, plans, papers or other materials
constituting the record upon whichthe action appealed from was taken.
(c) The board of adjustment shall be required to review all administrative appeals and prepare
written findings constituting its final decision on the administrative appeal based on the criteria
set forth in this section.
(d) Review of administrative decisions shall be based on the following criteria:
(1) Whether the applicant was properly afforded procedural due process;
(2) Whether the decision under review is supported by competent, substantial
evidence; and
(3) Whether the decision under review complied with applicable law, including a proper
interpretation of any provision under this chapter.
(e) An administrative appeal filed pursuant to this section stays all proceedings in furtherance
of the action appealed from, unless the building official from whom the appeal is taken certifies
in writing to the board of adjustment after the notice of appeal is filed that, because of facts
stated in the certificate, a stay would, in the building official's opinion, cause imminent peril to life
and property. In such case where the building official makes such certification, proceedings
shall not be stayed otherthan by an injunction, which may be granted by the board of adjustment
or issued by a court of competent jurisdiction.
(f) The board of adjustment shall have the right to reverse or affirm, wholly or in part, or may
modify the order, requirement, decision or determination as ought to be made, and to that end,
shall have all the powers of the officers from whom the appeal is taken. The concurring vote of
four members of the board of adjustment shall be necessary to reverse any order, requirement,
decision or determination of the building official.
Secs. 110-41--110-85. Reserved.
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DIVISION 1. GENERALLY
Sec. 110-87. Interpretation of chapter.
Page 1 of 1
It is the intent of this chapter that all questions regarding the interpretation and application of the
provisions of this chapter shall be first presented to the building official and that such questions shall be
presented to the board of adjustment only on appeal from the decision of the building official and that
recourse from the decisions of the board of adjustment shall be to the courts as provided by law. It is
further the intent of this chapter that the duties of the city council in connection withthis chapter shall not
include hearing and deciding questions of interpretation and enforcement that may arise. The
procedure for deciding such questions shall be as stated in this section and this chapter. Under this
chapter the city council shall have only the duties of:
(1) Considering and adopting or rejecting proposed amendments or the repeal of this
chapter, as provided by law; and
(2) Establishing a schedule of fees and charges.
(Code 1981, § 645.35; Ord. No. 3-94, § 1, 2-1-94; Ord. No. 02-2006, § 2, 3-21-06)
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