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HomeMy WebLinkAboutPacket 03-06-2007 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 6, 2007 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD MEMBER INTERVIEW: Interview for an Alternate Position on the Business and Cultural Development Board — Lieutenant Hugh Evans. 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. CONSIDERATIONS: 4. Motion to Approve: Cooperative Purchase of Paving Services to APAC- Southeast, Inc. in the Amount of $1,145,195.98. 5. Motion to Approve: Proposal from Brown & Caldwell to Conduct Florida Department of Environmental Protection Compliance Assistance in the Amount of $37,125. ORDINANCES: Second Public Hearing: 6. Motion to Adopt: Ordinance No. 03-2007; Amending Chapter 102, Providing for a Definition of "Diseased Tree," at Second Reading. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 wwnv.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting March 6, 2007 Page 2 of 2 RESOLUTIONS: 7. Motion to Adopt: Resolution 2007-07; Approving the Preliminary Replat of Casa Esperanza Townhomes. DISCUSSION: 8. Chronic Nuisance and Code Enforcement Citation Codes. 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 ad upon them in the future. 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. City of Cape Canaveral Memo To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Ed Lawson, Secretary, Business and Cultural Development Board Dates 2/26/2007 Re: Request for Board Member Interviews The Business and Cultural Development Board has interviewed Lieutenant Hugh Evans as the prospective 2"d Alternate to the Business and Cultural Development Board. The board recommends that City Council interview Lieutenant Evans and appoint him a;; an alternate member to the Business and Cultural Development board at the March 6„2007 City Crtuncil -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.myflorida.com/cape G6UMI n FEB s-ai, wog CITY OF CAPE CANAVERAL U APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD O COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL uT S 1. Applicant Name:__ `"1 5 . tva^I S 2. Home Address: L{ t 1 Jo -c- kc. cm 'A'4— City, State, Zi C Zip- a PL C4•1aJctaJ r1 -?t9td 3. Home Telephone: 3 Zt -199 nsz-L 4. Occupation: N at ( 6-Ffi'ce - 5. Business Telephone: 3 z l a 5-3 2-5 1 6. Business Address: C.0 A pS «�,� Ca raQ j F L 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? (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 J to a standard criminal background check before being 1 f9 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? (Y)(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: Unacs'} 2. Briefly state any prior experiences in serving on any governmental board or committee: ''1A X1'1 L- 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: I At n r Z11 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a• $ Beautification Board b. 3 Board of Adjustment' C. Business and Cultural Development Board d. 2 Code Enforcement Board' e. -7 Community Appearance Board' f. Construction Board of Adjustment and Appeals' g• 9 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 Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 2 D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American ✓ Male Asian -American Female Hispanic -American Not Known Native American ✓ Caucasian DISA_ Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU 1F 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: Z -t l -o-7 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY February 20, 2007 7:00 PM CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Recreation Director Fire Chief MINUTES Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Nancy Hanson David Sargeant, CCVFD CONSENT AGENDA: 1. City Council Regular Meeting Minutes of February 6, 2007. 2. Proclamation in Honor of Irish -American Heritage Month. 3. Resolution No. 2007-06; Appointing an Alternate Member to the Planning and Zoning Board, Ronald Friedman. 4. Outdoor Entertainment Permit for the Space Coast Little League Opening Day Ceremonies. Mayor Randels announced that the Little League Opening Day Ceremony would begin at 10:00 A.M. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 2 of 11 Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Accept Consent Agenda Items No. 1 through 4. 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. Mayor Randels acknowledged Ms. Tammy Roberts, the new Reporter for the Hometown News. He noted some of Ms. Roberts most recent articles in the paper. CONSIDERATIONS: 5. Motion to Approve: Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 200612007, Quarter Ended 1213112006. Ms. Bowers reported that there were few changes to the Annual Budget. She stated that the City was in good financial position. Ms. Roberts asked if Ms. Bowers foresaw any financial challenges. Ms. Bowers replied the Sewer Fund due to the Rate Study. Mayor Randels commended Ms. Bowers on her work tracking the City's accounts. Ms. Roberts questioned the possible impact of the property taxes on the City's budget. Ms. Bowers replied that she performed a very preliminary analysis considering the possible result of an additional $25,000 homestead exemption. She stated that the State did not historically collect property taxes and this could impact not only the cities, but its residents who need their services. Mayor Randels noted that the property taxes were a municipalities' primary revenue source. Ms. Bowers added that the County and the School Board also relied heavily on property tax revenue. Mayor Randels related that there were many rural, poorer counties in the northwest part of the State that could become bankrupt as a result of the proposed additional exemption due to their already low tax base. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve the Quarterly Budget Report and Transfers for the First Quarter of Fiscal Year 2006/ 2007 Quarter Ended 12/3112006. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 6. Motion to Approve: Proposal for Little League Field and Basketball Court Lighting. Nancy Hanson, Recreation Director, explained that the she obtained three quotes for the fixture and lamp installation that Council approved at a previous meeting. She reported that East Coast Power was the low bidder. Ms. Hanson stated that she included lights and cross arms for the Basketball Court as well as the Little League Field. She informed that she contacted the Titusville Area, North Brevard Little League City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 3 of 11 and found the company's work favorable. Mayor Randels informed that the $13,453 expense would come from Recreational Impact Fee account which was created through taxes on new development. Ms. Hanson replied to Mr. Petsos that the project could be completed without disturbing the new sod on the Little League Field. A resident asked if the lighting was energy efficient. Ms. Hanson replied that the lighting provided for up to 10,000 hours and concluded that the lighting was state-of-the-art. Mayor Randels invited all residents to the Opening Day Ceremony on March 10th. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Approve the Proposal for the Little League Field and Basketball Court Lighting. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 01-2007, at Second Reading. Mayor Randels read Ordinance No. 01-2007 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING; PROVIDING FOR A DEFINITION OF "LIQUIFIED PETROLEUM GAS;" REPEALING THE DEFINITION OF "FIRE DISTRICT;" REPEALING THE SPECIAL EXCEPTION FOR STORAGE OF LIQUIFIED PETROLEUM IN THE M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT; CREATING SECTION 110-485 TO LIMIT THE STORAGE OF LIQUIFIED PETROLEUM GAS FOR DISTRIBUTION PURPOSES TO 1000 GALLONS PER LOT OF RECORD; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS; MAKING FOR CONFORMING AND MISCELLANEOUS RECORDS, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE AN EFFECTIVE DATE. Mayor Randels stated that the Ordinance was property advertised on January 29th for the first meeting on February 6th and advertised on February 13th for this meeting on February 20th. Mayor Randels noted that the City Attorney changed the wording after "1,000 gallons per" from "parcel of land" to "per lot of record." Attorney Garganese explained that based on discussion at the previous meeting, the standard was established to 1,000 total gallons of tank capacity and in order to clarify the definition of parcel it was termed lot of record. A lot of record would include a combination of contiguous lots of record that are either under single ownership, unified in title or used for common development purposes. Therefore, if an operation or site aggregated multiple parcels it would be considered one lot for purposes of this Section and they would be entitled to a tank not to exceed 1,000 gallons of capacity. Attorney Garganese replied to a resident's inquiry that the tank capacity referred to any lot of record. Chief Sargeant pointed out that the key language in the Ordinance was "distribution." He stated that the amount of gas for use in a residential area as a utility City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 4 of 11 stored such as that to heat food was regulated by the National Fire Protection Agency and is a State Statute. A motion was made by Ms. Roberts and seconded by Mr. Nicholas to Adopt Ordinance No. 01-2007 at Second Reading. 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. The residents in the audience thanked the Council for hearing and responding to their concerns. Ms. Roberts complimented the community for taking an active role in the education that led to the decision making process. Mayor Randels acknowledged that the City Manager would address the concerns in Ms. Annie Tannebaum's letter. 8. Motion to Adopt: Ordinance No. 02-2007, at Second Reading. Mayor Randels read Ordinance No. 02-2007 title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING ARTICLE III OF CHAPTER 70, TAXATION; TO CHANGE THE TERM "OCCUPATIONAL LICENSE TAX" TO "LOCAL BUSINESS TAX" CONSISTENT WITH FLORIDA LAW; MAKING CONFORMING AMENDMENTS TO CHAPTER 6, ALCOHOLIC BEVERAGES, CHAPTER 10, AMUSEMENTS AND ENTERTAINMENTS, CHAPTER 34, ENVIRONMENT, CHAPTER 38, FIRE PROTECTION AND PREVENTION, CHAPTER 80, VEHICLES FOR HIRE, CHAPTER 82, BUILDINGS AND BUILDING REGULATIONS, CHAPTER 110, ZONING; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES, SEVERABILITY, INCORPORATION INTO THE CODE AN EFFECTIVE DATE. Mayor Randels stated that the Ordinance was properly advertised on February 10tH He emphasized that the amended Ordinance would deter a false presumption by the consumer that an individual had licensing qualifications to do business in the City. Attorney Garganese referred to Page 15, Section 10-128 and informed that he would proof the Ordinance a final time to amend the language to general neutral terminology. Mayor Randels pointed out that the City Attorney also added Paragraph C referring to the word "contractors." Mr. Boucher concluded that the change would affect all related sections. There was no public comment. A motion was made by Mr. Nicholas and seconded by Ms. Roberts to Adopt Ordinance No. 02-2007 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 5 of 11 ORDINANCE: First Public Hearing: 9. Motion to Approve: Ordinance No. 03-2007; Amending Chapter 102, Providing for a Definition of "Diseased Tree," at First 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 CANAVERAL 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 explained that the City did not have definitive language for a diseased tree. Mr. Nicholas pointed out that the Ordinance did not provide language to specify diseases and perhaps there were too many to enumerate. Mayor Randels related that classifying a tree as diseased would become a subjective judgment of an arborist. Mr. Petsos requested to leave the burden on the property owner to prove that the tree was diseased and subject to expiration within a certain time. Mr. Nicholas asked if the language only applied to a specimen tree. Attorney Garganese responded that the Ordinance applied to all trees whether 6 -inches caliber or a specimen tree. He clarified that this Section was in the Land Clearing ordinance. He explained that the applicant must demonstrate a legitimate reason for taking a tree and one of the reasons was a tree that is diseased. At times the Building Official could make an administrative decision; however, in the case of a specimen tree, only the Council would make the final determination. Ms. Roberts pointed out the language relating to structures or persons that reads, 'for a period of more than three years that the tree causes other eminent peril to viable tree structures for persons in the vicinity of the diseased tree. She questioned if this pertained to existing or proposed structures. Attorney Garganese stated that the word "existing" could be added before the word "structures." Mr. Petsos asked for the Building Official's input. Todd Morley, Building Official, stated his favor in not specifying the diseases and the owner bearing the burden of proof; however, he asked how the City Attorney arrived at the three-year criteria. Attorney Garganese replied that three years became the standard based on other ordinances. Mr. Morley suggested hearing from an Arborist. Ms. Roberts agreed. Ms. Roberts stated that the three year criteria might have come up during the Land Clearing ordinance discussion. Discussion brought out that the years prior to expiration depended on the types of tree and City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 6 of 11 ailment. Mayor Randels concluded that the Council could hear from the City's Arborist prior to the Ordinance's adoption. A motion was made by Mr. Petsos and seconded by Ms. Roberts to Approve Ordinance No. 03-2007 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. DISCUSSION: 10. Purchase of the Fire Department Property Located at 190 Jackson Avenue. Fire Chief Dave Sargeant related that the Fire Company sought its legal counsel to reach a reasonable decision. He stated that the Fire Company owned the land; however, the City owned the building. Chief Sargeant informed that a property appraisal on the land was the first step. He stated that the Fire Company's attorney recommended offering the City first right of refusal to purchase the land from the Fire Department. Attorney Garganese stated that Florida Statutes required two or more appraisals for any property over $500,000. Mayor Randels clamed that the voters gave the City the right to build or purchase. Chief Sargeant concluded that an appraisal would precede any design build projects. Council discussed if the lots to the west of the Fire Station near State Road A1A were available. Mr. Boucher stated that he would inquire with the property owner of their willingness to sell the property prior to obtaining an appraisal. He replied that the total number of lots might not provide optimal viability for the Fire Station. Chief Sargeant explained that his construction design accommodated the 10 paid personnel in order to allow the City to maintain its level of service. He stated that the prominent problem was bay space. Chief Sargeant explained that any available land was either too expensive or too small. Ms. Roberts questioned if the Council should be looking at other sites in parallel with looking at this site. Chief Sargeant stated the Fire Company's intention to make the transaction as reasonable as possible and restated that the appraisal was still the first step. Discussion pointed out that moving closer to State Road A1A would require an interactive traffic light. Ms. Roberts questioned if the tax payers expected the City to own the land. Mayor Randels affirmed that the land ownership was the most viable option. Chief Sargeant related that if the Fire Department moved, it did not desire to move near a residential area. Ms. Roberts referred to the land north of AJT and Associates for the City facilities and asked if that included the Fire Department. Chief Sargeant replied that moving north of Central Blvd. was too close to the other Fire Station and affirmed for her that reason for two stations was coverage. Chief Sargeant restated that the Fire Department design would come after resolution to this issue. Mr. Petsos requested that the City Attorney seek another reasonable alternative. Attorney Garganese replied that he would discuss possible bond financing with the City Manager. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 7 of 11 REPORTS: 1. City Manager Mr. Boucher announced a Joint Workshop Meeting with the Planning and Zoning Board on the Short Term Rentals at 5:00 P.M. on Thursday, February 22nd Mr. Boucher reported on his discussion with the State Licensing inspector. She replied that she had one pending application for a short term rental at 619 Monroe Avenue. She also indicated that that there were no areas within the unincorporated County or any other cities that allow single-family resort dwellings in residential districts. She said that they were predominately confined to commercial and tourist type district. As for enforcement, if the City did not allow them, they would be subject to a $1,000 fine and the owner could be subject to criminal prosecution if they continued to operate an unlicensed activity; therefore, enforcement was not an issue. Amortization would be a main point during Thursday's discussion. • Mr. Boucher announced a Joint Workshop Meeting with the Planning and Zoning Board on Amendments to the Sign Code on Monday, February 26th at 5:30 P.M. Mr. Petsos informed that he had a previous commitment at that time. • Mr. Boucher requested another Workshop Meeting with the Council on the Sewer rates. He suggested either Tuesdat, February 27th or Thursday, March 1St Council decided on Tuesday, February 27 at 5:30 P.M. Ms. Roberts informed that she had discussion with the condominium communities who had expressed concern. • Mr. Boucher informed that the Stottler, Stagg property was counter -offered at $1.65 million. Mr. Boucher also informed that the appraisal that he previously received was lower. Council members expressed concern with the price in light of the building's age and the cost to retrofit. Mr. Boucher replied that the office area was 6,400 square feet on approximately .75 acres. He informed that the needs assessment was between 13- and 15,000 square feet. Ms. Roberts questioned if this were a viable use for the Fire Department. Mr. Boucher replied that the building was considered for Law Enforcement. Council directed the City Manager reply to Stottler, Stagg that the counter-offer was not acceptable. • Mr. Boucher thanked Ed Gardulski, Public Works Director, for writing a letter to the Florida Department of Transportation to acquire a pedestrian signal on Columbia Drive. Mr. Boucher replied to Mayor Randels that the School Board owns the four traffic control lights and written permission was needed for their removal. 2. Staff Building Official 0 No report. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 8 of 11 Recreation Director • Ms. Hanson informed that she anticipated delivery of the playground equipment for Cape View. City Treasurer Ms. Bowers reminded the Council to prepare for the Sewer Rate Study Workshop with all possible questions in order to take action. Ms. Bowers informed that the five percent would not be feasible if the Council waited to take action in January. Ms. Roberts questioned if the public were duly noticed prior to the meeting expressing that the condominium community groups would not be aware. Mr. Boucher reminded that a Workshop meeting primarily included the Council, the consultant and staff before presenting concepts to the public and affirmed to Mr. Nicholas that all meetings were open to the public. Ms. Bowers reminded that the public would be noticed through their utility billing and prior to the adopting an Ordinance, public notice is required before the second public hearing. Ms. Roberts suggested inviting the condominium association managers. Mr. Boucher explained that Council needed to first understand the rate methodology process prior to presenting the information to the public. Ms. Roberts expressed her concern over a blind spot by not notifying the condominium community during the decision making process. Ms. Bowers replied to Mayor Randels that the 5 percent that was initially presented would not have the same end result if implemented at a later time. Ms. Roberts related that in speaking with some of the condominium association property managers there were concerns with the potential impact of the rate structure and concern over what might occur on February 27th. She recommended inviting a representative group of property owners, for example, B.P. Davis Inc., that own several properties. Mr. Boucher informed that after Council decides on the rate structure, then the public would be informed and able to provide input on the rate structure as it affects all the categories. Mayor Randels concluded that the structure chosen would need to be fair to all involved. Ms. Roberts expressed that there may be more of an impact than realized on a segment of the community; however, the Workshop would identify any concerns. Mr. Petsos asked if the Consultant could use his analysis program during the Workshop in order to find out how different rates affect each category. City Clerk • No report. City Attorney • No report. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 9 of 11 AUDIENCE TO BE HEARD: Mr. Ray Osborne reported on the Alliance Monument Ceremony at Port Canaveral at 10:00 A.M. near the new Administration Building. He questioned if the Patriot's Day parade would occur ever again. Nancy Hanson, Recreation Director, stated that the Recreation Department had no plans to reinstitute the Patriot's Day parade. She agreed with Mayor Randels that the date conflicted with a City of Melbourne parade as well as practice for State competitions for the school marching bands. Mr. Nicholas informed that the Patriot's Day parade was spearheaded by former Mayor Joy Salamone. He added that the Alliance Monument event was sponsored by the Sons and Daughters of the American Revolution. 3. City Council Council Member Roberts Ms. Roberts inquired about the activities agenda during Community Day event on March 17th. Ms. Hanson replied that the Canaveral Antique Automobile Club would be on hand, the Kiwanis Club would cook hot dogs as a fundraiser, there would be a live band, face painters, magicians and the City Planner would be available to gain input from the community on the Comprehensive Plan. The Fire Department aerial truck and the Police Department would also be on hand. • Ms. Roberts mentioned that the Council might need to identify the parcels of land available for purchase and to proceed with an acquisition strategy. Mayor Randels replied that the City did not have a General Purpose Ad Valorem Tax and therefore no designated funding source to purchase land. She expressed concern with other municipalities strategically acquiring land but not Cape Canaveral. Mayor Randels explained that purchasing land could be placed as a referendum on an upcoming election. She informed that the need was expressed on the community survey. • Ms. Roberts asked about the date for the Visioning Session. Mr. Boucher replied end of March, early April. Ms. Roberts considered a Master Calendar in order to establish dates for discussion. • Ms. Roberts referred to the Arborist's report of 39 specimen trees. She suggested a bronze marker to identify those trees labeled specimen trees. Mayor Randels noted that the City might need home owner approval as some exist on private property. Council Member Nicholas • No report Council Member Petsos City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 10 of 11 Mr. Petsos reported on the success of the Sea Oats Planting with 50 volunteers. He related the good comment that there was less room for planting new sea oats. He thanked Mayor Pro Tem Hoog for cooking hot dogs. • Mr. Petsos announced a mangrove planting around the Manatee Sanctuary Park, the Public Works Department and the Banana River Park on March 24th. He asked if Jeff Ratliff could display the mangrove project as well as the Stormwater Project at the Community Day celebration on March 17th. Mr. Petsos inquired about the soccer field. Mr. Boucher reported that Nick's mowed the lawn and there was noticeable water; he would have someone inspect for an irrigation system leak. Ms. Hanson would gain feedback from some of the leagues regarding use. • Mr. Petsos inquired about the new Ron Jon's resort. Mr. Boucher responded that he forwarded the E-mail from the Florida Department of Community Affairs. • Mr. Petsos asked about repaving of the Presidential streets. Mr. Boucher related that the Public Works Director would place something on the March 6th Council agenda. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog asked if residents acquired the 64 -gallon carts. Mr. Boucher replied that anyone seeking a cart should call his assistant Kim McIntire. Mayor Randels • Mayor Randels reported that Space Coast Area Transit riders increased by 8.6 percent as a result the County funded $984,000 and also received a grant. Mayor Randels reported on 13 new bus routes that would operate up to 11:00 P.M. • Mayor Randels reported that the Brevard Cultural Alliance received a grant as one of 72 recipients throughout the United States called the Big Read project and he recognized the book of choice, "To Kill a Mockingbird." • Mayor Randels announced that the City received an E-mail from a journalist in the City Sister of Kloten questioning why the Sister City project had plateaued and he asked if there were an interest to revive the Sister City relationship. Mr. Petsos recommended involvement with the Elementary School. • Mayor Randels announced that Cokely-Williams a hotel management company purchased Royal Mansions who planned significant changes to include Marketing and Sale Directors. • Mayor Randels reported that the Nemours Hospital was getting closer to its site location. He noted 5,082 projected jobs planned during the construction phase and 2,000 jobs during the first 5 years of the hospital's operation and regional wages would increase by $50 million. • Mayor Randels reported that he serves as Chairman of the Fair Housing Association which received a grant for $275,000 from Federal Housing and Urban Development. The group performs testing for housing discrimination. • Mayor Randels reported that the 92& Reserve at Patrick Air Force Base was voted as the outstanding unit in the Air Force for 2006. City of Cape Canaveral, Florida City Council Regular Meeting February 20, 2007 Page 11 of 11 • Mayor Randels reported that the Council discussed the International Property Maintenance Code in July. He asked the Council if there were any interest in further discussion. • Mayor Randels reported on the Affordable Housing Workshop that he and the City Manager attended and related how the City of Cocoa has re -urbanized some condominiums and the City assumed possession and gave them to the Habitat for the Humanity; then this private group builds affordable homes. Mayor Randels stated that Cape Canaveral's land prices were cost prohibitive; however, some developers and builders asked if the City would consider reducing or eliminating their impact fees in exchange for building a certain number of affordable houses along with their development. Mayor Randels cautioned that when the person sells the affordable house; however, they would profit greatly from the home value. ADJOURNMENT: There being no further business, the meeting adjourned at 9:14 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 03-06-07 AGENDA Heading Consent Item 2 No. Events, Inc. to promote and organize the City's first outdoor arts festival located at Manatee Sanctuary Park. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE MANATEE SANCTUARY PARK ARTS FESTIVAL DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider approval of the outdoor entertainment permit for the Manatee Sanctuary Park Arts Festival as requested by the applicant T -N -T Events, Inc. This City sponsored event is to be held March 31't and April 1". Summary Explanation & Background: At the request of the Business & Cultural Development Board, the City Council contracted with T -N -T Events, Inc. to promote and organize the City's first outdoor arts festival located at Manatee Sanctuary Park. I recommend approval. Exhibits Attached: Permit Application; T -N -T Contract City Manager' ffice , ,, Department ADMINISTRATION ca - myd cume't in\counci ting\2007\03-06-07\tnt.doc bT/'�'y/ tipi 1/:25 352TN PAGE 01 Ui'I'Y OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT pERMTT Permit No, 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_ Name of Applicant: Firm: . y P I5 Address: _ �3 01< 3 Telephone: 3Sa " 3 y L/— O Ca S FAX Local Contact: Title: Local Address (if different from above) Type of Event: P f--�s t- C'r o �u Event Date(s) in Cape Canaveral: Mo f -r— A 3 f , c ri a CSU !ocationcs): ��s> m -n rc,t, 30 db0 e S-,AnC?Uc4 r%CZ 022,i Cr d� 3 t arm ��'�ivr.tit PAI F6UY2<,�a- Su� Attach nap(s) ladiiradag eveet area and deaigrntted Pauling areas. '-Traffic Control CUse ofPoliedFire Rescue Equipment DStreet Closing —LVehieles/Equipment on Beach =Other OVehiele Parking on City Property Specil�: .- By stgarns this •ppttesuos, ME appllcaat acknowledges and agrees to the following provisions: 01/29/2007 17:25 9594406521 TNT PAGE 02 A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor otttertsinment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than $300,000.00 damage or injury to any one person Eor bodily injury or otherwise, plus 525,000.00 damage to property, and for not less than 5500,000.00 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 ror a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of insurance Co: )QL4-t) [ i t tl j7 Q Policy No:O 7 ^_7?)9S4'o� Expiration Date: —T— el. PROMOTIONAL AUTHORiZATLQy Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. M. EXPENSESAriERS 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 maybe applicable to the particular production as required by the City orCape 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 oxemptioas you are seeking. �.Date Applicant or itepresentativetTitle Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information. please contact - City of Capt Canaveral Bennett C. Boucher_ City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 865-1230 Fax: (321)868-1224 01/30/2007 15:52 3523440651 TNT PAGE 01 Asdo"MM&W Page 1 55040 (11/87) INSURANCE COMPANY IssueTAILORED PROTECTION POLICYDACLARATIONSd 01-26-2007 6101 ANACAPRI BLVD., LANSING, MI 4$417-3999 AGENCY HARVEY INSURANCE AGENCY INC Effective 01-12-2007 12-6441-00 MKT TERR 055 (386) 684-4749 POLICY NUMBER 072322-7809s40b-07 +NSUREo TNT EVENTS INC AovfiEss 7736 E ALLEN DR INVERNESS, FL 34450-2644 Company POLICY TERM Bill 12:01 a.m. 12:01 a.m. 01-12-2007 to 01-12-2008 COMMERCIAL GENERAL LIABILITY COVERAGE LIMITS OF INSURANCE General Aggregate $2,000,000 (Other Than Products -Completed Operations) Products -Completed Operations Aggregate 21000,000 Personal Injury And Advertising injury 1 000,000 Each Occurrence 1,000,000 Commercial General Liability Plus Endorsement SS091 Damage to Premises Rented to You 300,000 Any One Premises (Fire, Lightning, Explosion, And Yater Damage) Medical Payments 10,000 Any One Person Hired Auto s Nan -Owned Auto 1,000,000 Each Occurrence Expanded Coverage Details See Form: Extended Watercraft Personal Injury Protection Broadened Supplementary Payments Broadened Knowledge Of Occurrence Additional Products -Completed Operations Aggregate Twice the "General Aggregate Limit", shown above, is provided at no additional charge for each 12 month period in accordance with form 55300. AUDIT TYPE: Annual Audit FORMS THAT APPLY TO LIABILITY: 59351 (01-06) 55146 (06-04) 55091 (07 -OS) IL0021 (11-85) 55296 (07-05) 55300 (07-05) C60220 (07-92) IL0017 (11-85) 55181 (12-04) LOCATION OF PREMISES You OWN, RENT OR OCCUPY LOC 001 BLDG 001 7736 E Allan Or Inverness, FL 34450-2644 TERRITORY: 006 COUNTY: Citrus Classification Premium Subline Basis Rates Premium CODE 00501 Prem/Op Prem Commercial General Liability Plus prom/00 Inc Inc Inc endorsement Included At 7% Of The Premises Operation Premium 01/30/9-007 16:56 386684689 HARVEY INSURANCE AGY PAGE 01/01 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE P ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEF POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. GENERAL LIABILITY A X comhAr=RCIAL GENERAL LIABILITY 78095406-07 CLAIMS MADE D OCCUR ENL AGORf T5 LIMIT APP S PER: POLICY I PRO - AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEOUCTISLE RF-TFNTION T WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORMARTNERrEXECUTIVE OFFICER/MEMBER EXCLUDED? ;adeg A" UrIC9r OTHER 01/12107 101/12108 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROV1810NS Events Promotor City of Cape Canaverai PO Box 326 Cape Canaveral, FL 32920 )I -ICY PERIOD INDICATED. NOTWITHSTANDING +CH THIS CERTIFICATE MAY BE I&SUED OR NIS, EXCLUSIONS AND CONDITIONS OF SUCH LINIIT9 s- OCguRRE$1,000,000 DAMAGE TO RENTED 300OOO Pa[i ACU EXP (Ariy 9mereoAt 110,000 PER30 L 8 ADV INTI RY $1,000,000 GEL4ERALAGGREGA $2,000,000 PRO CTS - COMFLQPAGO j2,000,000 COA-18INED SINGLE LIMIT $ {Ea zcddenl} BOIC,ILY INJURY $ (Per person) BC OILY INJURY (PET eccidmn0 I— PR UPERTY DAMAGH (Par occideAl) • AUTO ONLY - EA ACCT NT OTHER THAN EA A A00ONLY: AGG Ep-HOCC R ENCS Gx`REGA�TE WC STATU- DTH- -. EACH AW, DENT D£S ASE - EA E Y E.L.. DI9EAS -POLICY LIM SHOULD ANY OF THE ABOVE DESCRIBeD POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER I.VILL ENDEAVOR TO MAIL –iO-- DAY$ WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L9FT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLK=►TION OR LIABILITY CIF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVE 25 (2001108) (b AC&Bt► CORPORATION 1988 ( 7 i D l I L) L.J Z.0 Mvd 1N1 07-:80 L00Z/61/-G0 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT THIS 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT ("Agreement") is made and entered into as of the day of , 2006 by and between the CITY OF CAPE CANAVERAL, a Florida Municipal Corporation, ("City"), and T -N -T EVENTS, INC., a Florida Corporation ("Permittee"). WITNESSETH: WHEREAS, Permittee desires to coordinate the 2007 Cape Canaveral Art Festival, "Images in Art," for the benefit of the public on March 31 and April 1, 2007 at Manatee Sanctuary Park, which is located in and owned by the City of Cape Canaveral, Florida; and WHEREAS, Permittee desires a permit from the City which would authorize the Permittee to hold the 2007 Cape Canaveral Art Festival at Manatee Sanctuary Park, as permitted under this Agreement; and WHEREAS, Permittee represents and warrants that it has the personnel, tools, materials, and experience to satisfy the permit requirements set forth hereunder and to provide the Special Event as provided herein. NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the parties acknowledge has been received, the parties agree as follows: 1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this reference are fully incorporated into this Agreement. 2.0 General Provisions: 2.1 Definitions: (a) "Advertise" shall mean the act of publicly announcing or calling attention to the Special Event, including, but not limited to, the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by billboard, poster, radio, television or newspapers. (b) "Agreement" or "Contract" shall mean this Agreement and all exhibits and addendums thereto between the City and Permittee regarding the Special Event permitted herein. (c) "Manatee Sanctuary Park" shall mean the park owned and operated by the 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 1 of 10 City, which is located within the City of Cape Canaveral at 701 Thurm Boulevard. (d) "City" shall mean the City of Cape Canaveral, a Florida Municipal Corporation and its employees, agents and contractors. (e) "City Manager" shall mean the City Manager of the City of Cape Canaveral, Florida or his designee. (f) "Permittee" shall mean T -N -T Events, Inc., a Florida Corporation, and its officers, employees, agents, and its contractors. (g) "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not be effective against any party until said date. (h) "Public Records" is as described in Section 119.011 (11), Florida Statutes. (i) "Special Event"shall mean the 2007 Cape Canaveral Art Festival to be held at Manatee Sanctuary Park on March 31 and April 1, 2007 and further described in this permit Agreement. The Special Event shall be planned, promoted, managed, and operated by the Permittee pursuant to this Agreement. 2.2 Permit. The City hereby permits the Permittee and the Permittee agrees to provide the Special Event outlined in this Agreement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 3.0 Scope of Special Event. Permittee agrees to provide the following Special Event under the following special operating conditions: 3.1 Special Event. Permittee shall advertise, produce, plan, promote, manage and operate the Special Event in cooperation with the City. In furtherance thereof, Permittee agrees to keep the City Manager fully informed of its plan to promote, manage, and operate the Special Event so that City can reasonably satisfy its obligations under this Agreement and reasonably address issues of public health, safety, and welfare related to the Special Event. 3.2 Food and Beverage. Permittee agrees to provide all food and beverage concessions for the Special Event. Permittee shall retain all fees and commissions from the 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 2 of 10 concessions provided by Permittee. 3.3 Sponsorship; Event Fees. Unless otherwise provided in this Agreement, Permittee shall retain the sole right to all sponsorships and paid fees for the Special Event. 3.4. Staging: Other Production Materials. Permittee shall provide all staging and production materials necessary to produce a high quality Special Event including, but not limited to, radios, tents, port -a -lets, security, event staff, and catering for staff. 3.5 City Special Event Policy. Permittee agrees to comply with the City's written Special Event policies, if any, deemed applicable to the Special Event by the City Manager. 3.6 Permits. Permittee shall obtain all local, state, and federal permits necessary to hold the Special Event and conduct any particular activities therein. City shall waive all City permit fees for the Special Event. 4.0 Compensation and Expenses. Compensation and expenses for the Special Event shall be paid as follows: 4.1 Permittee Expenses. Unless otherwise provided in this Agreement, Permittee shall pay all costs and expenses necessary for the Permittee to satisfy its obligations under this Agreement including, but not limited to, fire and police services and extra City personnel services caused by the Special Event and as deemed reasonably necessary by the City Manager, clean up of Manatee Sanctuary Park and surrounding area, parking coordination, repair of damages incurred to Manatee Sanctuary Park caused by the Special Event, portable restroom facilities, and existing lighting of Manatee Sanctuary Park and surrounding areas. Payment for any expenses owed to City under this provision shall be made at the conclusion of the Special Event or within ten (10) days of presentation of such expenses by City to Permittee, whichever occurs later. 4.2 City Expenses. City shall provide to Permittee access to Manatee Sanctuary Park on the days of the Special Event. Additionally, City shall provide Permittee access to Manatee Sanctuary Park on the one (1) day immediately preceding and the one (1) day immediately following the Special Event for set-up and clean up purposes. 5.0 Due Diligence. Permittee acknowledges that it has investigated prior to the execution of this Agreement and satisfied itself as to the conditions affecting the Special Event desired hereunder, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance, permits, professional entertainment and the steps necessary to complete the Special Event within the time set forth herein. The Permittee warrants unto the City that it has the competence and abilities to carefully, professionally, and faithfully complete the 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 3 of 10 Special Event in the manner and within the time limits proscribed herein. The Permittee will perform the Special Event with due and reasonable diligence consistent with sound professional and labor practices and with due and reasonable consideration to the public health, safety, and welfare. 6.0 General Miscellaneous Provisions. The following general miscellaneous provisions shall apply to this Agreement: 6.1 Time of the Essence. The City's responsibility to make Manatee Sanctuary Park available to Permittee is limited to the time periods set forth hereunder. As such, the Permittee acknowledges and agrees that time is of the essence for the completion of the Special Event to be performed under this Agreement. 6.2 Non -Business Day. In the event that any period of time as set forth in this Agreement expires or any date herein occurs on a Saturday, Sunday, holiday or other non -business day, then such date shall automatically extend to 5:00 p.m. on the next subsequent business day, excluding the days the Special Event will be held pursuant to this Agreement. 6.3 No Assignment. This Agreement shall not be assigned or transferred unless prior written consent is granted by the City Council of the City of Cape Canaveral. 6.4 Further Assurances. From and after the execution of this Agreement, each of the parties hereto shall fully cooperate with each other and perform any further act(s), execute and deliver any further documents which may be necessary or desirable in order to carry out the purposes and intentions of this Agreement. 6.5 Legal Representation. The parties acknowledge that Anthony A. Garganese, Esquire, and Brown, Garganese, Weiss and D'Agresta, P. A., and other attorneys therein, have acted as counsel for the City in connection with this Agreement and the transactions contemplated herein, and have not given legal advice to any party hereto other than the City. 6.6 Severability. If a word, sentence, or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, or paragraph did not exist. 6.7 Governing Law; Venue. This Agreement shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that the Agreement was consummated in Brevard County, and the site of the Special Event is Brevard County. If any dispute concerning this 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 4 of 10 Agreement arises under Federal law, the venue will be Orlando, Florida. Any objections to jurisdiction and venue are expressly waived. 6.8 Attorney's Fees. In the event any litigation or controversy arises out of or in connection with the parties hereto, the prevailing party in such litigation or controversy shall, to the extent permitted by law, be entitled to recover from the other party or parties all reasonable attorney's fees and paralegal fees, expenses and suit costs, including those associated with any appellate or post judgment collection proceedings. 6.9 Non Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other rights, unless otherwise expressly provided herein. 6.10 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address, of which any party hereto shall have given written notice as provided herein): TO THE CITY: WITH A COPY TO: Mr. Bennett Boucher City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 321-868-1230 (Phone) 321-868-1224 (Fax) Anthony A. Garganese City Attorney Brown, Garganese, Weiss & D'Agresta, P.A. 225 E. Robinson Street, Suite 660 Orlando, FL 32802 407-425-9566 (Phone) 407-425-9596 (Fax) 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 5 of 10 TO T -N -T EVENTS, INC.: Ms. Tina Branford, President P. O. Box 234 Fort McCoy, FL 32134 (352) 546-2322 (Phone) (352) 546-2344 (Fax) 6.11 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be original; but such counterparts shall together constitute but one and the same instrument. 6.12 Public Record. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Permittee related, directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or control of the City or the Permittee. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Permittee is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Permittee shall promptly supply copies of said Public Records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during normal business hours of the Permittee be open and freely exhibited to the City for the purpose of examination and/or audit. 6.13 Interpretation. Both the City and the Permittee have participated in the drafting of all parts of this Agreement. As a result, it is the intent of the parties that no portion of this Agreement shall be interpreted more harshly against either of the parties as the drafter. 6.14 No Joint Venture. This Agreement shall not in anyway be deemed to create a joint venture or principal -agent relationship between Permittee and the City. 6.15 No City Representations and Warranties; Success of Special Event. Permittee agrees and acknowledges that the City has made no representations and warranties regarding the Special Event. Permittee has assumed full responsibility for furnishing, performing, and completing the Special Event and that Permittee agrees and acknowledges the City has in no way guaranteed that the Special Event will be successful and profitable by any person's standard and belief of success and profit. 7.0 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 6 of 10 8.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. 9.0 General Liability Insurance. For all activities and services permitted and which occur under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee shall purchase and maintain, at its own expense, such general liability insurance, food and liquor liability insurance and automobile liability insurance to cover claims for damages because of bodily injury or death of any person or property damage arising in any way out of the activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event. The insurance shall have minimum limits of coverage of $1,000,000.00 per occurrence combined single limit for bodily injury liability, property damage liability, and food and liquor liability. This shall include, but not be limited to, automobile liability of owned vehicles, hired and non -owned vehicles, and employee non -ownership. All insurance coverage shall be with insurer(s) approved by the City Manager and licensed by the state of Florida to engage in business of writing of insurance. The City shall be named on the foregoing insurance policies as "additional insured." The Permittee shall cause its insurance carriers to furnish insurance certificates and endorsements specifying the types and amounts of coverage and effect pursuant hereto, the expiration date on such policies, and the statement that no insurance under such policies will be cancelled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. The Permittee shall be solely responsible to pay any deductible, if any, relating to any claim made against the insurance coverages and policies provided under this Agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Permittee in accordance with this paragraph on the basis of its not complying with the Agreement, the City shall notify the Permittee in writing thereof within thirty (30) days of the date of deliver of such certificates and endorsements to the City. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee shall continuously maintain such insurance in the amount, type, and quality as required by this paragraph. 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 7 of 10 10.0 Indemnification and Hold Harmless. For all activities and services permitted and occurring under this Agreement, including any and all activities and services provided and performed by Permittee and by authorized participants of the Special Event, the Permittee agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), which directly or indirectly arises out of, or results from any act or failure to act of Permittee or any person authorized by Permittee to participate in the Special Event which in any way is related to Permittee's obligations under this Agreement, and/or the services and activities provided and performed under this Agreement. The indemnification provided above shall obligate the Permittee to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City or its employees, officers, and attorneys which may arise or result from this Agreement. In all events the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This section shall survive termination of this Agreement. 11.0 Standard of Care. In performing its activities and services hereunder, the Permittee will use that degree of care and skill ordinarily exercised, under similar circumstances by reputable members of its profession practicing in the same or similar locality. Permittee shall protect the public and property from any safety hazards directly or indirectly resulting from the Special Event and the authorized participants thereto. 12.0 Termination. By written notice to Permittee, the City shall have the right to cancel the Special Event and this Agreement at any time, without penalty. 13.0 Term. The term of this Agreement shall commence upon full execution of this Agreement by the parties and end at such time Permittee has fully performed all the services required by this Agreement to the complete satisfaction of the City. 14.0 Permittee's Signatory. The undersigned person executing this Agreement on behalf of Permittee hereby represents and warrants that he or she has the full authority to sign said Agreement for Permittee and to fully bind Permittee to the terms and conditions set forth in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 8 of 10 ATTEST: C� Susan SMills, CITY: CITY OF CAPE CANAVERAL, FLORIDA A Florida Municipal Corporation By: G?' DCLV Rocky Randels, 94ayor 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 9 of 10 PERMITTEE: T -N -T EVENTS, INC. A Florida Corporation. B,� Tina Bran ord, President STATE OF FLORIDA COUNTY OF M14-(Z10N ) The foregoing instrument was acknowledged before me this 2�k day of ��I�/ , 2006, by Tina Branford, as President of T -N -T EVENTS, INC., a Florida corporation, -[/--) who is personally known tome or[)(] produced FC b L 3(,5I - 913 58 -i98'-() as identification. 44P N Marianne E Gk>dus +� My commission DD219753 �iOFti/ Expires August 23, 2007 Notary Public — State of Florida ��R�-tNNE GLOig/ u g� GLOi2/ u g Print Name My Commission Expires: 2 2007 2007 CAPE CANAVERAL ART FESTIVAL AGREEMENT City of Cape Canaveral / T -N -T Events, Inc. Page 10 of 10 Meeting Type: Regular Meeting Date: 03-06-07 AGENDA REPORT AGENDA Heading Consent Item 3 No. Exhibits Attached: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: AMENDMENT TO THE OUTDOOR ENTERTAINMENT PERMIT FOR LADIES NIGHT SPONSORED BY FAIRVILLA MEGA STORE DEPT/DIVISION: ADMINISTRATION Requested Action: City Council consider approval of an amendment to the Outdoor Entertainment Permit for Ladies Night on March 22, 2007, sponsored by the applicant, Fairvilla Mega Store, for the serving of alcoholic beverages. Summary Explanation & Background: See attached application and letter of request to amend the permit that was approved by City Council on 02- 06-07. Exhibits Attached: Application and Letter City ManagQx'sj Mce _---, Department ADMINISTRATION ,cape- im\m docu admin \council\meetin \2007\03 0 g - 6-07\fairvil1a.doc Feb 28 07 03:14p The Murph.4 Organization 407-644-0447 p,2 6 RVILLA Megast -re To whom it may concern, Fairvilla Megastore will be hosting its Legendary Ladies Night the evening of Thursday March 22, 2007. The City of Cape Canaveral approved the Outdoor Entertainment Permit during the city council meeting conducted February 6, 2007. Following the council meeting; Fairvilla Event Coordinator Garrett Lind was contacted by the city of Cape Canaveral regarding the serving of alcoholic beverages during the Ladies Night event. Please consider that nowhere in the application for the Special Outdoor Entertainment Permit does it request that this information be released. Thus it was not purposely withheld from the event detail sheet. Fairvilla Megastore requests that the City of Cape Canaveral include in the next City Council Meeting Consent Agenda: approval of the revised event detail sheet regarding the serving of alcoholic beverages at the Fairvilla Ladies night event. We apologize for any misconceptions regarding this issue and hope to get it resolved as soon as possible. Thank You, Garrett Lind Fairvilla Megastore Event Coordinator 407-579-5334 or email garrett(i4ifairvilla.com Feb 28 07 03:14p The Murphy Organization 407-644-0447 p,3 Fairvilla MegaStore Ladies Night 2007 Fairvilla Megastore proudly presents its legendary Ladies Night in Cape Canaveral, Florida on Thursday, March 22, 2007. For this lively event we invite business partners, whose products we believe in, to join us in an evening of fun for our guests. The occasion is filled with laughter, comical games, product information, exceptional entertainment and an exploration of chocolates and confections. Ladies Night will be a ticketed event with a portion of the proceeds being donated back to the surrounding community. Expected attendance is approximately 450 persons. General admission tickets will be $20 each, with VIP tickets being higher. Event time for general admission ticket holders is from 7pm to 10pm. VIP's will be allowed to enter at 6pm. The event will take place inside our store and in our garden patio area. The exterior will be tented and will contain food and alcoholic beverages along with a male dance revue. All proceeds from alcoholic beverages will be donated to Central Brevard Humane Society. Fairvilla will hire off-duty police officers to assist with traffic control and maintain a presence inside the event areas. Additional parking is available through our agreement with the Radisson Port Hotel property. The Radisson is also the preferred hotel for Ladies Night, with room blocks in place for out-of-town vendors and guests. Ladies Night will be marketed via in-store advertising, radio commercials and direct mail. Nov 21 2006 4:17PM -City of Cape Canaveral 321-868-1224 p.1 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. Date: The applicant or representative aam to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: ��, [�� Title: C Firm: -S27 Telephone: � c) 7 S 7 <-I--,',L4 FAX: 9 v O Local Contact: _�� ►n ,n.;� 3 2 l 74 9 9 9 (v 1 Title: . r Local Address (if diffierent from Type of Event: Event Date(s) in Cape Canaveral:,il�q,t-cV\, `ZZ Z DCS + Location(s)- Dates) Attach nap(s) indicating event area and designated puldgg stens Mrafpc Control GUse ofPolice/Fire Rescue Equipment OStreetClosing OVehicles/Equipmenton Beach OOther DVehicle Parking on City Property Specify:_ y i-,, ,A,:Li 1l--1 _ Al _ i �- 1 0 Time By signing this application, the applicant acknowledges and agrees to the following provisions: 1/ Nov 21 2006 4:17PM INSURANCE City of Cape Canaveral 321-868-1224 p.2 A written public "ability insurance policy insuring the personstaging, promoting or conducting the outdoor entertainment event against any and all claims and dem 8nds made m any Perms for injuries received in connection with the stagier& promoting, conducting Or attendance of or at the outdoor entertainment event, written within limits of not less than 3300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage tD $500,000.00 for damages incurred or claimed bymore than on Pry, and for not less than $50,000.00 for damages to ro a of f s for bodily injury or otherwise, plus P PAY• The original or duplicate osuch policy mpaid. application for a special outdoor entertainment permit, togshall be attached to the are paiether with adequate evidence that the premiums n Name of Insurance Co: t�\ c:.� k u t �s CCi _ Policy No, L 211 b s� Expiration Date 1 Z©p lI- 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. Ill• EXPENSES/F•EES The applicant agrees to pay the City, in advance, for any services provided bac 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. EXIEMMONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived denting with the health, public, safety and "Ifafe of those in attendance, as well as the general public, have been otherwise providod for as required by said code. List any exemptions you are seeking. Applicant or Representative/Titk Date Approved by City of Cape Canaveral: City Representative's Name: e% - Title Sign: Applicants shall kap a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact_ City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 Nov 21 2006 4:17PM City of Cape Canaveral 321-868-1224 A-MEM&Y]U'TS A,ti-D G1tTt�s^r�dE�ii'S ARTICLE L Df QF.s'�'ERAL Seca 10-1-10.23. Reserved. AR.TICLE'II. AMUSEMEh-T DEVICE 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 fad 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, 4$ 628.(31-628.03) Sec. 10-27. Amendments. The amusement device code adopted in section 10-26 is amended as follows: (1) Section 108.1 is amended to reed as follows: appointment. There is hereby established a board to be called the construction board of adjustment and appeals, which shall con- sist of five members. The board shall be appointed by the city council- (2) ouncil(2) Section 108.2 is amended to read as follows: 108.2. Membership and Terms. 'Cross reference -Coda enf cement, 4 2-246 a seq p.3 I ID -46 108.2.1 AMembership. Members of the ccn• struction board of adjustment and appeals should be composed of individuaLs with knowledge and experience in the technical codes, such as design professionals, co ntr a c. tors or building industry representatives. A board member shall not act in a case in which he has a personal or financial in- terest. 108.2.2 Terms. The terms of office of the board members shall be two yeas 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 quake a detailed record Of all of its prnceedi.ngs, 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) Suction 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. OLIWOR ENTERTAn4MENTt DIVISION 1. GENERALLY Sec- 10-46. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context dearly- indicates a different meaning: Outdoor eniertm&ment events means any gath- ering of groups or persons for the purpose of par- tCross references—Cede enforcement. f 2-246 et seq.: parks and recreation, c!&..54; streets, 6dgwal.4s and other public Places. eh. ae; buildings and building regulations. ch. U ionieg: ch. 110. CD10:3 Nov 21 2006 4:17PM City of Cape Canaveral 321-868-1224 p.4 i 1046 CAPE CA-- iAVE-RAL CODE ticipating in, viewing, observing, watching or lis• toning to entertainment which cou4sta of musical renditions, sporting contests or events, festivals or other entertainment not conducted within a oampletely enclosed structure. (Ord. No. 23-92, $ 1(729:01), 12-I-92) Cross reference—Dausitions and rW as *`construction on- er&Uy, ¢ 1.Z. Sec. 14.47. Compliance with ot1k et. 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 Chia Code, beverage license laws and other laws, ordinances and regulations appli. cable to the city. (Ord. No. 23-92, 6 1(729.04), 12-1-92) Sec. 10-48. Penalties for violations. (a) Any person who violator 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- toediahely notify the city treasurer to revolts any occupational license upon the occurrence of any, violation of this article. (Ord. No. 23-92, $ 1(729.07), 12.1.92) Sec. 1049. 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 reterence.-Occupational license tams, f 7088. Sec, 10.50. Exception& ciation or group if such outdoor enteetainment event of such organization, association or group has been sanctioned or approved by the council. Such sanction and approval of an outdoor enter- tainment event promoted by such organization, association or group shall be based upon a sufa- cient showing that the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by the applicable standards set forth in this article. (Ord. No. 23-92, 11(729-08). 12-1.92) Secs- 10-61-10.80. Reserved. DIVISION 2. PERMIT Sec. 10.81. 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 perrnitfrom the city council. (Ord. No' 23.92, f U729-03(.4)), 12-1-92) Sea 10-62. Application. An application for a Special outdoor entertain- ment permit shall be Submitted its writing to the city Council on forms provided for this purpose at least 43 days in advance of the date of commence ment of the outdoor entertainment event for which the permit is requestfA in order to permit the council to evaluate the application in an orderly and expeditious manner. The application shalt con- tain the plans, documents and information speci. Red in this section. No permit shall be issued by the council until receipt and approval of all plans, documents and information and until the following minimum conditions are met or such higher con- ditions as required by the council upon a review of any unique problems contained in the plans, doc- uments and information are mat: (1) Adequate plans for site construction, sani- The city council shall have the right to waive tatwn facilities, sewage lis the applicability and necessity of any of the sec- and refus' garbage tions of tbis article to any outdoor entertainment' drainage, tToadlightin 8 event sponsored by the recreational boards este b- during darkness' insect and coder -t control, fished by the city or any outdoor entertainment water supply and food service- Fo- the put event promoted by a nonprofit o PO'"s of e��g such plans, the sta n - p organizationassn. dards established by the rules of the state CD 10:4 Nov 21 2006 4:17PM City of Cape Canaveral 321-868-1224 p.5 AMT.FBeMM AAiD E-*ITERTAINc: ENTS § IM2 division of health in the sanitary code of the state shall be considered as minimum requirements. For the purposes of this ar- ticle, part IV, chapter 20D-25, erchtding sec- tions 25.077, 23.07$, 25.079, 23.080, of the Florida Administrative Code and any suc- ceeding =1e, 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 ofthe 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 ape ce for every five patrons and for safe transportation of the patrons from the parking area to the performance area No motor vehide shell be permitted outside . the designated parking area, ex- cept zcept when necessary to ensure compliance with this article. (3) An adequate plan for medical facilities. There shall be provided one pbysicisn Ii- 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. i9) An adequate plan for internal security, traffic control, ca I Munications, fire protec- tion and emergency services, including am- bulance service, in and around the event area. Such plan shall provide for at least one person professionally trained in secu. CD10:5 city and traffic control on duty at all times for every 600 patrons, with no security per- w=el working more- than one eight-hour shift in any 24-hour period. The plan shall include a detailed description of the plat. or swarity. traffic control, communications, fire protection and emergency services, in- cluding ambulance service, to be used and how it is to be implemented, and a detailed background on the training and ability of the personnel to be used in implementing such plan. (5) A full and complete disclosure of the finan- cial backing of the outdoor entertainment event, including the names of all persons with a direct or indirect financial interest in the staging, promoting or conducting of such event, whether such interest be by virtue of ownership in any entity staging, promoting or conducting such event, status as an employee of any person staging, pro. moting or conducting such event or any in- volvement by which such person stench to gain or loam financially from such event (6) The names of all persons or groups who will pe:rfWM at the outdoor entertainment event and executed copies of all contracts or agree. menta 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 ezec t date and time of commencement and the enact date and time of the conclu- sion of the outdoor entertainment event. No event shall begin before 10:00 a.m. or end after 10:00 p.m. (9) A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor enterfaim +ent 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 $M,000.00 damage or in- Nov 21 2006 4:18PM $ 10-62 City of Cape Canaveral CAPE Ca_-MAMAL CODE jury to any one person for bodily injury or otherwise, plus $25,000.00 damage to prop- erty, and for not less than S500,00D.00 for da;nages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 Jar damagesto. property. The original or duplicate of be attached to theappli_cii -0-2 outdoor entertainment pc - � her with adequate evidence. that the premiums are paid. (10) Such additional conditions, criteria or de- tailed spec f cations for the spacial entsr- tainment permit established by resolution of the city council as the council nuLy 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(729A)")), 22.192; Ord. No. 8.94. 4 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 nourefundable fee per day es- tablished by resolution of the city council and set forth in appendix B to this Code: (Ord. No. 25--92, § 1(729.05), 12-1-92) Sec. 10-64. Cash cleanup bond. Any person holding a special outdoor entertain- meat permit shall deposit with the city treasurer a cash bond in the amount of $500.00. The cash bond shall be far 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 a4geuM employees or contrac• tors. The cash bond shall be returned to the holder of the permit upon certification by the city man- ager that all debris. paper, litter or trash has been removed from the premises on which the outdoor entertainment event was held within 24 hours from the designated conclusion time of the out- door entertainment event and that no damage has been done to the streets, sewers, structures, trees 321-868-1224 p.6 and shrubbery on such premises or the adjoining property- Upon failure of the holder of the permit to complete such cleanup or repair such damage within the 24-h0ur time period, the ci:y shall have the right to forthwith take such corrective action as it may deem necessary and to deduct the cost of cleanup or repair from the amount a the cash cleanup bond -4,- (Ord" No. 23-92, § 1(729.06), 12.1-92) Secs. 10.65-1045. Reserved. N ADULT \ DIVISION 1. GENERALLY / Sec. 1 Definitions. The fo words, terms and , when used in this , shall have the eanings as. cribed to them " this section, where the contest clearly in as a dill t meaning: Adult arcade me an es ' 8ment where, for slay fora of oonside 'on, a or mare motion picture projectors, slide p e or sinnilar ma- chines for viewing by fNbupon persons each are used to show Rima, ires, video cas- settes, slides or other prep oduetions which are characterizedupon the de• piction or descriptionactivities or specified anatomical a purposes of this article, adult ar�eawithin the definition of adult motih Adult bookstore mems a place that s is or of Pers for sale, for ani► fm nr of considers adult materials, the of which reprtsen ore than tea percent the gross sales of the pla or that oamprise3 than tea percent of the ' vidual items it j on the premises as 2 - •Craw relearn Code saiorcement, 4 24" at seq.: ren* ulations nib on aleohote beverage establish. meat premise, i 7I: PAM ntalib prohibited, ! 5M2;.a=u- patiaual tibaae taaan. i 70.66 et seq.; zudng� ei 210: adult moestsiament glablishmea. pwmittsd by spa"wwWion ;,the 121 right strisl aid research and development dis- trict, i 110-334.` CD10:6 Renewal of COMMON POLICY DECLARATIONS SCO 1 L SDAL.E NSj.1 RANCH C01VTANyY Home Office: One Nationwide Plaza • Columbus, Ohio 43215 Administrative Office: 8877 North Gainey Center Drive • Scottsdale, Arizona 85258 1-800-423-7675 A STOCK COMPAQ , `h.�E�, r'"" .,,� 1, .us �.J hGEV'SES ITEM 1. Named Insured and Mailing Address BLARNEY 67 :NC. DBA 1-FA7RVTLLA MEGASTORE C/C NORMA SM: --H - 50G THIIRM BLVD. CAPE Agent Name and Address Gres.am & Assoczes _nc. 1375 S. Semoran B'_vd. Win-er -c,=K, a ITEM 2. Policy Period Policy Number CLS 1247302 j .1 , 7, �iC'AS,t� �n Agent No.: 23.,26 From: 2006To' - '20' 12:01 A.M., Standard Time at your mailing address. Busin'6ss Description: ADULT VIDE- & cLCTLiNG ..TORE Program No.. NONE Term: 365 2AvS In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. This policy consists of the following coverage parts for which a premium is indicated. Where no premium is shown. there is no coverage. This premium may be subject to adjustment. Coverage Part(s) Commercial General Liability Coverage Part Commercial Property Coverage Part Commercial Crime Coverage Part Commercial Inland Marine Coverage Part Commercial Auto (Business Auto or Truckers) Coverage Par', Commercial Garage Coverage Part Professional Liability Coverage Part Premium $ 5 266 $ NOT =VERED $ NCT C 77Z_R= $ NOT C CVERE $ N2 - $ NC =_T^R-D $ NC" - $ $ Total Policy Premium: $ 5 - 6 . 00 ✓O 1cv Fee $ _-5.0c -- 'fiec -0 Fee Service Fee Flcrida Emeraency Mcamt . Surcnarcae $ Surplus Lines Tax $ 3pp,05 Form(s) and Endorsement(s) made a part of this policy at time of issue: SEE SCHEDULE OF FORMS AND ENDORSEMENTS THIS COMMON POLICY DECLARATION AND THE SUPPLEMENTAL DECLARATION(S), TOGETHER WITH THE COMMON POLICY CONDITIONS. COVERAGE PART(S). COVERAGE FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY. COMPLETE THE ABOVE NUMBERED POLICY. OPS -D-1 (12-00) INSURED opsdlg.fap Policy No J J �, SCOTTSDALE INSURANCE COMPANY" COMMERCIAL GENERAL LIABILITY COVERAGE PART SUPPLEMENTAL DECLARATIONS CIS1'- `% 3 C 2 Effective Date 03117"2006 12:01 A.M.. Standard Time Named Insured SLARNEY 57 INC. Item 1. Limits of Insurance Coverage Aggregate Limits of Liability Coverage A - Bodily Injury and Property Damage Liability Agent No Damage to Premises Rented to You Limit o C 0 0 C Coverage B - Personal and Advertising Injury Liability 1,000,000 Coverage C - Medical Payments i $ 3,x00 Item 2. Description of Business Form of Business: ❑ Individual ❑ Partnership ❑ Joint Venture ❑ Trust C9C2.. Limit of Liabilitv Products !Completed _ Operations Aggregate General Aggregate (other than Products./Completed Operations any one occurrence subject to the Products/Completed Operations and General Aggregate Limits of Liability I any one premises subject to the Coverage A occurrence and the General Aggregate Limits of Liability i any one person or organization subject to the General Aggregate Limits of Liability any one person subject to the Coverage A occurrence and the General Aggregate Limits ❑ Limited Liability Company Lj Urgarnzation including a corporation (other than Partnership, Joint Venture or Limited Liability Company) Location of All Premises You Own, Rent or Occupy: -500 'HTJRM BLVD., CAPE CANAVERAL, FL, 32970 32 9 2 C i I Item 3. Forms and Endorsements Form(s) and Endorsement(s) made a part of this policy at time of issue: See Schedule of Forms and Endorsements Item 4. Premiums I j Coverage Part Premium: s s6h Other Premium: $ Total Premium: $ a v i i fuIVJ rinc rHr1 i Ur I ht l'ULICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. CLS -SD -1L (8-01) INSURED clssdlle.fap Policy No. )�_ SCOTTSDALE INSURANCE COMPANY" COMMERCIAL GENERAL LIABILITY COVERAGE PART EXTENSION OF SUPPLEMENTAL DECLARATIONS 24, Named Insured BLARNEY 67 __NC. Effective Date: - 6 12:01 A.M., Standard Time Agent No. 09026 Prem. No. Bldg. No. Class Code Exposure Basis SALES Class Description: - vE ,�R" �. S Premises /Operations Rate Premium 2."73 Products/ Comp Operations j Rate Premium INCLUDED INC7UDED Prem. No. Bldg. No. ! Class Code Exposure Basis - 10204 _71,00C i SALES i Class Description: Premises/Operations BOOK AND MAGAZINE STORES OTHER THAN NCT PROF --- - Rate Premium 2.73 467 i Products/Comp Operations j Rate ! Premium j INCLUDED INCLuTDE Prem. No. Bldg. No. Class Code Exposure Basis 1 1 11127 221 000 SALES Class Description: Premises/Operations CLOTHING OR WEARING NCm FOR PROFIT APPERAL STORES O'_'HER THAN ! Rate Premium 7.8E _,299 Products/Comp Operations Rate Premium NCL DED _NCL =_11 E� Prem. No. Bldg. No. I Class Code i Exposure Basis Class Description: Premises iOperations Rate Premium I Products/Comp Operations I Rate Premium CLS-cF" 11. 1n -93j TNS;JRED ^1ssDI Ib fa Fairvilla MegaStore Ladies Night 2007 Fairvilla Megastore proudly presents its legendary Ladies Night in Cape Canaveral, Florida on Thursday, March 22, 2007. For this lively event we invite business partners, whose products we believe in, to join us in an evening of fun for our guests. The occasion is filled with laughter, comical games, product information, exceptional entertainment and an exploration of chocolates and confections. Ladies Night will be a ticketed event with a portion of the proceeds being donated back to the surrounding community. Expected attendance is approximately 450 persons. General admission tickets will be $20 each, with VIP tickets being higher. Event time for general admission ticket holders is from 7pm to 10pm. VIP's will be allowed to enter at 6pm. The event will take place inside our store and in our garden patio area. The exterior will be tented and will contain food and beverages along with a male dance revue. Fairvilla will hire off-duty police officers to assist with traffic control and maintain a presence inside the event areas. Additional parking is available through our agreement with the Radisson Port Hotel property. The Radisson is also the preferred hotel for Ladies Night, with room blocks in place for out-of-town vendors and guests. Ladies Night will be marketed via in-store advertising, radio commercials and direct mail. Date: _ CITY OF CAPE CANAVERAL Tracking# BUILDING PERMIT APPLICATION Permit # (321)868-1222 City of Cape Canaveral Building Department 105 Polk Ave. Cape Canaveral. FL 32920 You may download this application: www.mytlorida.com/cape. You may fax to: (321) 868-1247. All applications must include the backside of this form. Important: Please complete the checklist on the back of this form and provide other documentation as indicated on the checklist. A copy of contract may be required. Application packages will not be accepted unless complete. APPLICANT WILL BE CALLED WHEN PERMIT IS READY. (Contractor/Owner-Builder is required to sign for the building permit, unless indicated otherwise by affidavit. I.D. may be required) Address of Job Site: X_�\va cc_"C_v,c a Zoning classification: Flood Zone: _ Legal description of property: TWN: RNG: SEC SUBD BLK: LOT: pg PG: Property Owner Name: _��c.r,�.�,.A (p, L, �xL Phone: 37_1 lctGl 11cl 4 ( -- Address:��G �k mow► 1\a ra one- C. s, � c,v�G'c*k FL z0z, j — Fee Simple Titleholders Name (if other than owner): .Address: Bonding Company: Address: — Mortgage Lender: Address: Type of Permit Brief description of work: Building E16etrical Plumbing Mechanical Other r\�LlL.nc� Architect/Engineer Name: Address: S"� N i�, Type of Const. Occ- FPL lines City Sewer Will this 5-2- Phone (cell/pager.): Fax: Primary Contractor Name: Address: Building Square Type Feet upancy currently available structure # of # of # of # of Valuation of work Electrical Contractor Name: Address: (IA, Group available to to serve have built-in stories dwel. bed- water Plumbing Contractor Name: Address: (please under VB, (B,RI, serve this this gas ling rooms closets Mechanical Contractor Name: Address: indicate as roof etc) etc.) property? property? appliances? units Fax: Specialty/Other Contractor Name: Address: applicable) Name of Company: Yes/No Yes/NO I Yes/ No Phone (cell/pager.): Fax: ommercial $ SFR I g Townhouse Apartment $ CondominiumS Other S Architect/Engineer Name: Address: S"� N i�, r el ti car v S 4Mo Name of Company: _C_Gic:, rs nuc- i 1� L �2-q 5 S F f c ,,� State License No.: Phone (office):37_1 5-2- Phone (cell/pager.): Fax: Primary Contractor Name: Address: Name of Company: State License No.: Phone (office): Phone (cell/pager.): Fax: _ Electrical Contractor Name: Address: Name of Company: State License No.: Phone (office): Phone (cell/pager.): Fax: _ Plumbing Contractor Name: Address: Name of Company: State License No.: Phone (office): Phone (cell/pager.): Fax: Mechanical Contractor Name: Address: Name of Company: State License No.: Phone.(office): Phone (cell/pager.): Fax: Specialty/Other Contractor Name: Address: Name of Company: State License No.: Phone (office): Phone (cell/pager.): Fax: G:ABIdg.DeptForms\BP APPLICATION Rcv July 20, 2006 Building Permit Application Checklist Notes Completed Permit Application Current code edition: FL Bldg. Code 2004 (as revised) Current survey showing all proposed construction and landscaping Check with Bldg. Dept. for setbacks Notarized signature — Owner/Builder Affidavit If owner is acting as contractor Sewer Impact Fee receipt May be deferred until C.O. Unless job is remodeling County Impact Fee receipt May be deferred until C.O. Capital Expansion Impact Fee receipt Maybe deferred until C.O. Sidewalk Impact Fee receipt If sidewalk exists on lot Recorded Warranty Deed / Proof of Ownership Copy of Recorded Notice of Commencement over $2,500 Over $5,000 for Mechanical change out Current Worker's Comp. Policy / Exemption Record will be kept on file after initial submittal Community Appearance Board Approval For all work visible from Public Right -Of -Way Planning and Zoning Board Site Plan Approval For all new construction of four units or more Concurrency Forms For all new construction not part of approved site plan Primary Contractor's State License Record will be kept on file after initial submittal Subcontractor's Authorizations: State License Record will be kept on file after initial submittal Notify Building Department of contractor changes Plumbing Contractor Plumbing Contractor Electrical Contractor Electrical Contractor Mechanical Contractor Mechanical Contractor Roofing Contractor Roofing Contractor Swimming Pool Contractor Swimming Pool Contractor Gas Contractor Gas Contractor Specialty/Other Contractor Specialty/Other Contractor Construction Drawings: Per F. B.C. 104 Two sets of sealed construction drawings (three sets if commercial) Per F.B.C. 104 Electrical Load Calculations Plans must indicate person responsible for calculations Electrical Riser All new service must be located underground Plumbing Riser Plans must indicate person responsible for design A/C layout Plans must indicate person responsible for design Two sets of Energy Calculations Plans must indicate person responsible for calculations Lot Drainage Survey Four sets of Fire Suppression/Sprinkler/Alarm seciftcations Requires Fire Dept. approval prior to issuance of permit Pool Barrier Requirement Form (signed) Pool permits will not be issued without barrier Application is hereby made to obtain a permit to do the work and installations as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. The Building Code in effect at the time of this application is the Florida Building Code 2004 Edition. I understand that all permits require inspections as indicated. This permit application is valid for six months from date of submission. By signing, applicant affirms that all above is true and correct and that he/she is an authorized agent of the Contractor/Owner and has the authority to apply for this permit. Applicant's Name: �Applicant's Signature: ' Date: Site Address: SOC, -X \. ,rjnA 191 Ck For Notary use only: State of Florida, County of revard Sworn and subscribed before me this JQ 44- day of + , 20 OU , by Who produced identification: is personally known to me. Seal: DEBRA G. PETERSON Notary Public, State of Florida My comm expires Sept. 8, 2009 No. DD469862 G:\Bldg.Dept.Forms\BP APPLICATIO RMW Agency, Inc. (800)451-4854 or ArfC4 i, +vl- Printed name of Applicant Signature - Not ublic At Large This form may be duplicated. £A 966£69UZ£ sJI8.4V JO� S11840 er.�V:Ol GO b? UPS' -4v Jo� sjl8t4:D 09VOL zo trz Uer <4n ui ir U as to d des -4v Jo� sjl8t4:D 09VOL zo trz Uer Jan 31 07 03:39p The Murphy Organization 407-644-0447 p.2 Kim, Attached are the changes that we spoke about over the phone. Please notice that the 30' X60' tent has been moved and replaced with a 20'X40' tent conjoined to a 30' X 40' tent. Please do not hesitate to contact me about any issues that may arise. Garrett Lind 407-579-5334 m g•d ------------- � S MC_ MC } 1 s L�bO-bb9-Lot, uotleziue2u0 RydunW ayl dOb:EO LO iE Uer .5, coisc. CURS NJ721'10"W 135.73' rill ti ASA -W T POINT OF BEGINNING PARCEL 770.1 SJ) -'"21'10"E 200-00' '-'I ICA rr 2 r;* 05- 1 cL C., lei h � Ma.O Qi w U 1 � �`- lb vg - C4 0 wj 4LI M-1 lH CA EcH a4 -vi,, 24 SO. CRAYE Lalz 1x+0.00' POINT OF BEGINNING SJ 7*2 1 '10 "E -X437.72' PARCEL 769 C.4a4rJN rr J2 IS 4UIr t, -d Ltli?c-tlb9-L0tl uo;4ez;ue2j0 S4djnW a4l doi,:Eo Lo TE uej iqwV U P WLP o 4 i i 6*RCEL 04,1 17 0 DouM c.4qs. er..oc. m o s WCiAL Cw4 rt r METAL s 4 A� Alit fft 4�46. rL J co £o o r�� IL 4-4 O%o%r- 1s1 . i Q rL J co £o o r�� IL 4-4 O%o%r- mow`=g z Jan 31 07 03:39p The Murphy Organization 407-644-0447 Corporate Offices 1600 Lee Road Winter Park, FL 32789 Tel: 407/644-7800 Fax: 407/644-0447 To; V\�+�� From: Fax:3.- `rSr'rl 54`1 Z Z Pages: �7 Phone: Re: Date: CC: ❑ Urgent V or Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle p.I Tenting and Lay out 30')(60' Tent Electric: Curtains: Misc. ❖ Tent will have 6" low watt globe lights around the perimeter, ❖ 2 Halogen lights will be mounted in the corners of side (B) pointing up into the tent. ❖ All speakers will be placed along side (D) at either end of the stage. ❖ All wiring will be covered with duct tape or sufficient protection from foot traffic. ❖ Curtains on sides (C), (D), and 20' of side (A) (Stage End) ❖ No Smoking Signs will be posted ❖ 2 Fire extinguishers will be in every tent ❖ Seating will be in designated areas. an'Xan' Tent Electric: Curtains: ❖ Tent will have 6" low watt globe lights around the perimeter, ❖ 4 Halogen lights will be mounted in the corners of side (B) pointing up into the tent. ❖ All wiring will be covered with duct tape or sufficient protection from foot traffic. ❖ Curtains only on side (D). Miscellaneous: ❖ Tables will be placed as shown. ❖ No Smoking Signs will be posted. IV] n F T rid af m OL rel c pn t4] � r r.t c k1� � 1 � n I r.t I � o. V 1 N N W c * ' wry rp 1 LIUXtio 00 ooz j.011 I z Fs - 7NINNION :10 1NIOJ n_ Iv,y(1 lhNdS►' c� , FL 'gF l AL o t , l z..LFN �- Its 1 Meeting Type: Regular Meeting Date: 03-06-07 AGENDA Heading Considerations Item 4 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF PAVING SERVICES IN THE AMOUNT OF $1,145,195.98 TO APAC-SOUTHEAST, INC. DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the cooperative purchase of paving services in the amount of $1,145,195.98 to Apac- Southeast, Inc. utilizing Brevard County Bid #3-06-07 to resurface the presidential streets and Canaveral Beach Gardens streets as recommended by the public works director. Summary Explanation & Background: The City has budgeted $1,950,000.00 for this task. See attached memo. I recommend approval. Exhibits Attached: Public works director's memo City Mana ',s Offic Department PUBLIC WORKS/STREETS i my s\admin\co it\meeting\2007\03-06-07\apac aoc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 28, 2007 SUBJECT: City Council Agenda Item for March 6, 2007 Cooperative Purchase for Road Maintenance Services From APAC-Southeast, Inc. for City-wide Road Paving Brevard County awarded bid #3-06-07 for their Roadway Resurfacing Program to APAC- Southeast, Inc. (APAC) in October 2005. The City of Cape Canaveral (City) Public Works Director contacted APAC in regards to a cooperative purchase for the paving of the City streets within the Avon by the Sea Subdivision (Presidents Streets) and the Canaveral Beach Gardens area. Private streets were not included. Attached is a copy of the price for the road resurfacing of these roads in the amount of $1,145,195.98. Staff reviewed the itemized unit price of other firms and found that APAC was the lowest. The funding for this paving project is available from funds set aside by Council for future paving projects and has been budgeted this year. The contractor bids include costs for the following items: • Mobilization and maintenance of traffic (MOT) tasks; • 1" milling of existing roads (based on actual core samples) • 1.25" of S-3 pavement (based on actual core samples) • Adjustment of estimated 75 manholes • Striping including 200 stop bars, parking spaces at beach end streets (estimated 15 parking spaces), and striping of streets near AIA (100' of double -yellow striping). • Estimated project duration — four to five weeks (dependent upon weather) Recommend the approval of cooperative purchase agreement between Brevard County and APAC-Southeast, Inc., for the paving of City streets in the amount of $1,145,195.98. Attachments cc: File �a>�tf�A►a 1 BOARD OF COUNITr 1COMMISSIOlvanS Ot CENTRAL F=LOfltDAV SPACE cower z PURCHAe NG SERVICES Twaphm (321) 817-7w 9ratitgrd caxtgr dowsmment Centro Faostnttle (321) 617-7391 Fs+c 2726 Jud2a Fran Jamieson Way, a {321)8:17.3302 q,oF Bldg. C, Stills 0.303 lepra, FL 32M August 16, 2006 Me Herold ADAC — Southeast Inc 6210 North US 1 Mclbowrn, FL 32940 fecsbmlr, number. 321.242.8978 Maar Mr.11crold; This letter is to notify you of Lite intent to renew the bid B-3.0647 Asphaltic Concrete, SECONDARY Tye Ft Asphalt, t7,ietkin Counce. TEW Type S3—AsphpIt,, As stet ed in the specifications, this bid hex apt cgititm tv rerxew for an additloml = (1) year to dm the same teams aztd COndidOm. IU efrc ivs data Of this rojewal will be jNkj& to g2aQjm .. if ADAC Southeast Inc, is hitt rested in conthugng this bid for an additional one (1) year wader thesame tprrng, Pic and conditions, please rottpo W by arguing to the understanding Of the renewal for B -3-A"7 AsplWdc Concrc�tc% A hew pfuurdbase order wf11 be issued to you to crn►rr the rmewal period, if sn agrteci W, Mike Herold You are required tp,subn1h Your ttpdatW i nauanec certifioattow nig the Board Of County Ccttrtmi68i0nsxs as the other 4=cd. These ccxtmcata arc r+cgturod to be returned widt Your acxcpu= Of thio notice. Brevard County looks forward tO cvwtiawing this rtslad mship with Yo<v ooI As dvt w. if you have any 4u+tior1.% please feet fmc to cot>tact I e slie Rntha'i%,, PA at (321) 617-7390. You am fax yow rtspcmrc rO me at (321) 617.7391 or (321 ) 637.5302. Your attention to tNIg t Iter is > y apgrenikted $ittc�elY, __ i.ra]ieROtha'ing, Mgnsgcr 3 Puichnitng Services PA ht cc: fila K:t8QPSftS000-2080nWWMWAC.doc Street Paving Costs 1 0.00 Jtem QtV Cost Total Cost Community Asphalt Mobilization 1 7,673.60 7,673.60 MOT 1 34,958.34 34,958.34 Striping 1 17,127.72 17,127.72 1.25" SP 12.5 mm asphalt (ton) 10,044 98.28 987,124.32 1" milling (sq. yards) 148,794 2.34 348,177.96 Adjust manholes 75 269.77 20 232.75 VA Paving Mobilization 1 1.415.294.69 APAC Mobilization (built-in cost) 1 0.00 0.00 MOT (built-in cost) 1 0.00 0.00 Striping 1 38,372.00 38,372.00 1.25" SP 3 asphalt (ton) 10,041 74.28 745,845.48 1" milling (sq. yards) 148,795 2.30 342,228.50 Adjust manholes 75 250.00 18 750.00 1,145,195.98 Additional MOT (if required) 1 19,885.00 VA Paving Mobilization 1 3,000.00 3,000.00 MOT 1 22,000.00 22,000.00 Striping 1 19,310.00 19,310.00 1.25" SP 3 asphalt (ton) 848,131.00 1" milling (sq. yards) 148,795 3.00 446,385.00 Adjust manholes 75 450.00 33 750.00 1.372.576.00 Notes: 1). APAC collected several asphalt cores - they recommend only 1" of milling and 1.25" of asphalt. 2). APAC's additional MOT (signs, placards, etc.) only if required by City. CL 0 N us t m IL c H 'm ar o � N Lai, to i a I� 7 d 0 C 0 f r�+ 3 9 a N C N C 7 C > < > Q al [a > CD N C iri C vi ciao a) > to G 0� a� It C t u c 0'0 't p) c t6 Q Q 0 C J Q m E Q i Q i71'^ u �a c w > a) > °� c i °� v J u p C 0 n C m U c C^ 7 U Y Ja^Q'Mco u�u u u u �DCJ^ii i OAC � OCG OAC OC OC OCL OC OAC � OAC I� 7 d 0 C 0 f r�+ 3 9 > N C w > < Q C Q C iri C vi ciao C u0i�n to G 0� a� It C t u c 0'0 't p) c t6 Q n 0 C J 00 m E i t r a ad+ ani a�+ ysi ad+ Y d 1 I� 7 d 0 C 0 f r�+ 3 9 g t U fp O � W 7 y G � y N N N r CC O OJ a Q i L _ N H U ' f0 3: N Lt BREVARj;:a" BOARD OF COUNTY COMMISSIONERS ' FLORIDA•s spAc>= r_nA-Qr Central Services Group Phone (321) 617.7390 Purchasing Services Facsimile (321) 617-7391 2725 Judge Fran Jamieson Way, Suite C303 Facsimile (321) 637-5302 Viers, FL 32940 NOTICE OF AWARD DATE: October 20, 2005 BID #/TITLE: Asphaltic Concrete B# 3-06-07 PURCHASING AGENT: Leslie Rotheling *IVV1/VU1 SPEGIFIGAHONS AWARDFD Primary Type 8-3 Asphak Type 3 Asphalt Good IV TKLC Inc. AKA WWG YES Asphalt Third Type S1 Asphalt, Frlctlon Course VA Paving YES Primary S-1 Asphalt, Friction Course Secondary Type S-3 Asphalt APAC Southeast Inc Ran er Construction Community Asphalt YES Secondary Typs S -1 Asphalt, Friction Course Third - Type 83 Asphak Prima --- "riot As halt for PIU NONE YES YES I t3VAHO AWARD --AGENDA ATTACHED APPROVED AWARD (NON -BOARD AGENDA (Per Sections III.E. b 111.1. & J., BCC -25, PROCUREMENT) Award to Overall Lowest, most Responsive, min Award to other than low, with low bid being non-responsive: (copy to Manager) REASON FOR NON -RESPONSIVENESS: ❑ Award to low bid, less than three responses received: (copy to Manager) REASON FOR LESS THAN THREE RESPONSES: -------------------------------------------------------- AWARDED BY A COMMITTEE CONSISTING OF: Leslie Rotherin PurchasingManager Charlie Burton - and Everett Jones. Roadways and Landscaping Department EFFECTIVE DATE 1=0/05 ENDING DATE 9/30/06 SPECIAL INSTRUCTIONS TO AWARDED VENDOR: ® Please provide certificate of insurance. ❑ Please provide performance and payment bonds as required. ❑ OTHER: BR EVA BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACL COAST CENTRAL SERVICES GROUP PURCHASING -SERVICES - -_ ___ Brevard County Government Center 2725 Judge Fran Jamieson Way, Bldg. C, Suite C-303 Vivra, FL 32940 August 28, 2006 Mr. Mike Herold APAC-Southeast Inc 6210 North US 1 Melbourne, FL 32940 Facsimile: 321-242-8$78 Telephone (321) 61,7.73W-- Fax 17..739A-- Fax (321) 61-r-7391 Fax (321) 637-5302 4WVVti VV,) r«: reequest for Price Increase #4- Bid # B-3-06-07, Asphaltic Concrete Dear Mr Herold: Our review of the Producer Price Index (PPI) and the Florida Department of Transportation (FDOT) Asphalt Index verifies that prices In the product have risen. Acceptance of price adjustments Is approved In accordance with the FDOT Asphalt Index and by utilizing the formula for price adjustments for bituminous materials included In the FDOT Standard Specifications for Road and Bridge Construction. The following formula will be utilized for adjustment #3. • API® = Asphalt Price Index ($/Gallon) At the time of the bid or at most recent price adjustment • APIA = Asphalt Price Index ($/Gallon) Current • PA - Price Adjustment for Asphaltic Concrete Installed ($/Ton) • AV = Gallons of Liquid Asphalt per ton • LA = Liquid Asphalt content in Asphaltic Concrete (S-1, S-111, Friction 6.0% - Type ll, Type 111 0,5%) If the following is true, then a price adjustment will be made: • APIA > APIG x 1.05 (for increases) • API® a APIO x .95 (for decreases) For adjustment price use: AV (APIA - Aple) LA = PA ®uoruvcd Price tncr�aar A Ju s API6 s API® x 1.05 1.7218 > 1.5675 x 1.05 1.7216 > 1.6458 Increase fa, Type 11, Type III: AV (API9 - AP19) = PA 233.10 (,1.7218 -1.5675) .065 = pA 233.10 (.154:3) 065 = $2.34 per Ton ino-eaw Increase for S-1, SM, Friction: AV (APIs - APIC) LA = pA 233.10 (.1.7218 -1.5675) ,060 = PA 233.10 (.1543) .060 = $2.16 per Ton increase Tack & Prime Coat and Sand 3% Asphalt Hot mix prices remain the Same. An adjusted price sheet is attached. If APAC-Southeast Inc. accepts the price adjustment #4 as indicated, please respond by signing to the understanding of the price adjustment to Bid # B-3-06-07, Asphaltic Concrete. The Road and Bridge Department will be notified. Mr. Mike Herold APAC-Southeast Inc Brevard County looks forward to continuing this relationship with your company. As always, if you have any questions please feel free to contact me at (321) 617-7390. You can fax your response to me at (321) 617-7391. Your attention to this matter is greatly appreciated. Sincer Stev Stultz, Direc or Central Services Attachment: Adjusted Price Sheet #4 Cc: Charlie Burton, Construction Manager Financial Services r W H � m 6 W W !A 00 to 4 N ca 4* m n M M 01 Ed y7 y� N Q C9 A ti Ate. i s V2 - o W O 49 a r Mb Mcto C tMp. b W f9 M 4 0; o vv co ov 9ro v o �b . .� a P _.�W�� o� Z6� ma oa 9 ma A 4 m m3 °z ma '—° a co � • -'a a Z a s" o `ov '0 o o� om �� 8a �o� o� V w o0 c c 0` c c $o c c c c o`0 c'c 0 cc c v`o cc $o cc oma° vv° vv b�° �°o 13 15 a 1.- L) V N � 09 1? '? m '4 = � a 1 O G ~ z J Ir x Nw fr m 2 `�1 a LMOU � m a �Z m CCS 0 0.w m am v� Da �m Uon[ =� Um nm U� :x aim mm $� aac w 0 � p � � �d o f `a� !2w a� z z L)M zI z zm ID gw � a � m m _� ro� 3x Go ix vu = O F os F O� oo o p� z� po zm o� z�- o5 zm oo z -x z d LL ad J2 iL wv �� wt� 0.0 w a r F �~ �• Ir~ �o &~ r=te �Cy Fo �°� j w M o ac w g " U m►�M �c� Hca v. LL 7 LLr LL� LL� u.� LL �� -X a OE co ui H a zLL < Y� c��v__ o O e O e O\ e e O\ o e \ O O e \ 0 e 0 o 0 o 0 Ne� 0 0 \ 0 O 0 O 0 Nt 7 N 1H <O N M 00 M M O T N r Cl) N O N O N N O M N N O r N N r � t0 Ie c N N N 00 N O ap N Cl) r W to r (D V) er M T M T N N w IA N T � tV O CO) r •� 1q N O �.C4 W CO ti (p co a 4)we 41 •p ++ 3 4f m 3 m m 7 7 m > C > 41 > m m m C C m C m C> 41 C C C 3 C m C O U C m > Q m Q m m ..Q > = m m > > m> >Q > mom, Q m > a>> m C m 3 a= m 4) > 7 C 41 = C a 0 CC CO) m> a Q Q Q> aoCo C a Qa m Q m 0 C 0 Q m O O O C p, 0 > 0 C •rR> Q Im ot am > � C 0 g o> oC am> 'a!CfA0 VC _, C C Y _ W � Qa`s mVC Ulm0 Utw0 U1Ced Ut'm UtsJ JJ O O aOaaddwocnP1— 2O � jLL 3rE 17�Is P': 00 O; O rt`Co MLC rNM4 Y! tD P OtfAd;M1p'O TrTON N N NNNN led N N Meeting Type: Regular Meeting Date: 03-06-07 AGENDA Heading Considerations Item 5 No. Administrative Order. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FROM BROWN & CALDWELL TO CONDUCT FDEP COMPLIANCE ASSISTANCE IN THE AMOUNT OF $37,125 DEPT/DIVISION: PUBLIC WORKS/FDEP Requested Action: City Council consider the proposal from Brown & Caldwell to conduct FDEP compliance assistance in the amount of $37,125 as recommended by the public works director. Summary Explanation & Background: The compliance testing and report is a requirement of the newly issued FDEP Wastewater Permit with an Administrative Order. The City has to test for and prepare an action plan to meet the permit testing levels for Dichlorobromomethane, Mercury, Silver and Zinc for water being discharged into the Banana River. The Administrative Order is a mandate, and the City must conduct the compliance testing. Failure to do so will result in fines. I recommend approval of Tasks 1, 2 and 3 with one progress report and the appropriation of $37,125. Exhibits Attached: Public works director's memo; Brown & Caldwell proposal; FDEP Administrative Order City Mana ,Office ! Department PUBLIC WORKS/FDEP cap - im\m document dmin\counci eting\2007\03-06-07\fdep com MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 201h 2007 RE: Agenda Item for March 6, 2007 City's Treatment Facility's FDEP Permit Compliance Assistance Brown and Caldwell Engineering & Consultants The City of Cape Canaveral (City) is in the process of renewing its Department of Environmental Protection (DEP) Wastewater Permit. The City has received the Draft Permit (DEP File Number FL0020541-004-DW 1 P) and the `Notice to Intent to Issue" was advertised. As part of this DEP permit an Administrative Order No. 06-2162 will be attached. This Order shall require the City to study the established DEP limits for the following items: Dichlorobromomethane, Mercury, Silver and Zinc. The Administrative Order states that the study is to begin as soon as practical. More so, an Engineering report is due six (6) months after the DEP permit is issued and no later than December 1, 2007. It is imperative that this study is commenced as soon as possible so that the City is able take corrective action(s). More so, modifications must be completed within the first 24 months after the permit issuance. The sooner that a study is completed, the better the City will be able to budget and implement any corrective actions(s). Attached is a proposal from Brown and Caldwell Engineering & Consultants for the City's DEP Administrative Order 06-2162 which is to become a part of the Operational Permit to the City for the Treatment Facility. Basically, this study will evaluate the Influent quality for heavy metals values exceeding the limits set forth for discharge to Class III marine waters of the Banana River. Staff recommends approval of Task 1 - Field Visit, Task 2 - Conduct Treatability Study, Task 3 - Conduct an Influent Study and Task 6 - One of the four progress reports to DEP in the amount of $3,125. These tasks will meet the requirements of the first six months of the Administrative Order 14 (a) Begin a study & (b) Progress report. As the result of this six month report will determine the direction the City in order to comply with the Administrative Order 14 (c) the Testing and reporting of the Banana River Mixing Zone. Funds were not budgeted within the Enterprise Fund Operating Budget. The remainder of this Proposal will be budgeted next fiscal year in meeting the Administrative Order (a), (b), (c) & (d) over the next 36 months. Recommend approval of Brown and Caldwell Engineering & Consultants proposal Tasks 1-3 and one Progress report to DEP (Task 6) in the amount of $37,125 and the appropriation of the necessary funds. 850 Trafalgar Cows Suite 300 Maitland. Florida 32751 Tel: (407) 661-9500 Fax: (407)661-9599 www.brownandcaldwell.com February 16, 2007 Mr. Ed Gardulski Public Works Director Circ- of Cape Canaveral 601 Thurm Boulevard Cape Canaveral, FL 32920-0326 Subject: Proposal to Provide Professional Engineering Services for Administrative Order Compliance Assistance for the Cape Canaveral Administrative Order Support Dear Mr. Gardulski: Attached, please find a proposal from Brown and Caldwell (BC) to provide professional engineering services to the Cite of Cape Canaveral (Citi-) for the above -referenced project. Exhibit A provides the project background and proposed scope of services along with the fee estimate for BC to perform this work. Exhibit B outlines the jar testing methodology and schedule. Should a mixing zone analysis be required after completion of Tasks 1, 2, and 3, as described in Exhibit A, the Cite can request an additional proposal for this work. BCs proposal is based on providing services within the timeframe described in Exhibit A. The total lump sum fee proposed for our services is $71,000. Please review this proposal and let me know if' you have any questions (407-661-9533). If it is acceptable, please proceed to issue a purchase order and we will begin work immediately. Once again, we appreciate the opportunity to serve you. Very truly yours, BROWN AND CALDWELL Debbie Cole, P.F. Project Engineer cc: Mr. AFalter Bandish, City of Cape Canaveral June Smith, Brown and Caldwell Stu Oppenheim, Brown and Caldwell s c C o rr s u l t a n t P:\Gen\Cape Canaveral\Client Service Management and and Proposals - JAS\Proposal - Inspection of Existing Maint Bldg \Transmittal Letter 11- 14-06.doc CITY OF CAPE CANAVERAL EXHIBIT A PROPOSAL TO PROVIDE ENGINEERING AND SERVICES FOR ADMINISTRATIVE ORDER COMPLIANCE ASSISTANCE FOR THE CAPE CANAVERAL ADMINISTRATIVE ORDER SUPPORT The following sections describe the background, approach, scope of services, schedule and fee to be provided by Brown and Caldwell (BC). BC will provide engineering services related to the development and monitoring of the Compliance Plan as described in provisions outlined in the Florida Department of Environmental Protection (FDEP) Administrative Order No. 06-2162 which is to become a part of the Operational Permit issued to the City of Cape Canaveral (City) for their Water Reclamation Facility (WRF). BACKGROUND The City has entered into an Administrative Order (Order) with FDEP as a condition of issuance of the Operational Permit for the City of Cape Canaveral WRF. The City's WRF is an activated sludge facility and has an Annual Average Daily Flow permitted at 1.8 MGD. The plant consists of a 5 stage modified Bardenpho system. In the Order, the FDEP finds that the City's WRF facilities' effluent sample analysis results indicated average values exceeding limits set forth for discharge to Class III marine waters for the following compounds: • Dichlorobromomethane • Mercury • Silver and • Zinc The Order further states that the effluent discharge limits for these compounds have been increased for a 2 year period while the City take remedial actions at the WRF. The City will have to complete the following tasks as outlined in the Administrative Order: • Implement a compliance plan within the two year period from the issuance of the operational permit that includes: A Treatability Study to determine the extent of in -plant process modifications needed to reduce the level of the compounds exceeding the effluent limits. A-1 CITY OF CAPE CANAVERAL 2. An Influent Study to determine the extent that the influent concentrations of the compounds can be reduced in the influent. 3. Begin collection of receiving water quality data to support a request for mixing zone if the compound reduction efforts do not lower the effluent concentrations to an acceptable level. 4. Submit a progress report to FDEP within 6 months from the operational permit issuance date and submit subsequent reports every 6 months throughout the two year compliance period. PROJECT APPROACH BC will perform the following tasks to assist the City in completion of the Administrative Order Commitments: 1. Conduct Kickoff Meeting with City 2. Conduct a Treatability Study 3. Conduct an Influent Study 4. Collect and evaluate existing receiving water quality data 5. Develop and perform a mixing zone analysis 6. Submit progress reports to FDEP 7. Develop and implement an approach to comply with Administrative Order Implementation of physical improvements will be addressed in a separate scope. A detailed description of the above tasks is given in the following scope of services. SCOPE OF SERVICES The following work activities will be performed for this project: Task 1 — Project Kickoff Meeting and Field Visit The project manager and project engineer will visit the site and meet with City staff and FDEP at the beginning of the project. Project goals will be identified at this time, and may status report processing procedures, a review of process modifications being considered and mixing zone receiving water sampling and analysis requirements. Task 2 — Conduct Treatability Study Brown and Caldwell will obtain and review available process data for the facility. This information may include previous reports and evaluations of treatment capacity, and Discharge Monitoring Reports (DMR's) including chemical usage records. BC will: • Review operational practices and process control factors such as pH. A-2 CITY OF CAPE CANAVERAL • Recommend further in -plant sampling of soluble metal compounds and effluent utilizing ultra clean sampling techniques. • Collect sample and send to BC Lab for jar testing. • Conduct jar testing as outlined in Attachment A • Prepare report summarizing the treatability study. The report will include recommend modifications to current treatment process based on the study. • Review the findings with the City and finalize and submit report to FDEP as part of the progress reporting Task #6. Task 3 — Conduct an Influent Study BC will develop an influent sampling program to be collected and analyzed for the compounds listed in the Order. The influent sampling program will be similar to that required for effluent discharge to surface waters as outlined in the Draft Operational Permit to determine influent water quality. The City will collect and analyze influent study samples. BC will: Prepare a technical memorandum summarizing the sampling program. Review analysis results and prepare a list of recommended actions needed to bring influent into compliance with domestic wastewater standards. Review the findings with the City and finalize and submit report to FDEP as part of the progress reporting Task #6. Task 4 — Collect and Evaluate Existing Receiving Water Quality Data (Optional) BC will collect and evaluate existing historical water quality information on the receiving water. This information will be compared to the effluent limits for Class III marine waters. It is anticipated due to seasonal changes in receiving water quality; Sampling will be performed during the wet and dry seasons. Each sampling period will be limited to one day. BC will: Develop a conceptual outfall expansion sketch and prepare a conceptual level estimate of probable construction costs. Develop a program for additional sampling and analysis of the receiving waters. For the purpose of this scope of work, it is assumed that samples will be collected by BC staff or sub - consultant at three locations. One at the proposed discharge point, one 200 meters upstream and one 200 meters downstream of the discharge point. Twenty samples at each location will be collected. Samples will be collected over a one day period once during the dry season (November -June) and once in the wet season (June- October). Sample analysis costs are not included in this scope. Samples will be forwarded to a City contracted lab for analysis. This lab will provide results to the City and BC. Provide boat rental fees and sample supplies. Review of sampling plan developed above with City and with FDEP Prepare a technical memorandum summarizing the sampling program and any findings and recommendations. A-3 CITY OF CAPE CANAVERAL Review the findings with the City and finalize and submit report to FDEP as part of the progress reporting Task #6. Task 5 — Develop and Conduct a Mixing Zone Analysis. (Not Included) If effluent samples continue to show the presence of Dichlorobromomethane, Mercury, Silver and Zinc after recommendations of Tasks 2 and 3 are implemented a receiving -water dispersion analysis will be conducted to determine the mixing zone and resulting allowable effluent limits for Dichlorobromomethane, Mercury, Silver and Zinc. FDEP may not allow a mixing zone for any chemicals that are considered Bio -accumulators such as silver. A mixing zone analysis is not included in this scone of work. Should a mixing zone analysis be required after completion of Tasks 1, 2 and 3 described above a scope will be submitted to the City for review Task 6 — Prepare and Submit Progress Reports to FDEP The Order requires the City provide progress reports to FDEP every 6 months from issuance of the Operating Permit throughout the 2 year operating period. BC in this Task will prepare these reports. It will include the following information • The status of compliance with Administrative Order. • Any findings or recommendations made. • A schedule that tracks efforts toward compliance • Summary of issues encountered that require input from FDEP BC will review the draft progress report with the City prior to finalizing and submittal to FDEP. Task 7 — Develop and Implement Approach to comply with Order Once the evaluations and testing outlined in the first 5 Tasks are complete, BC will formulate an approach to comply with the Order. This may be a combination of process adjustments with or without an application for a Mixing Zone. BC will: • Develop a draft letter report that summarizes the investigations and evaluations performed and the recommended approach. • Review Draft Report with the City prior to submittal to FDEP • Implementation schedule to comply with order • Meet With FDEP to review Report and Implementation Schedule • Address questions from City during implementation and testing BC will monitor and certify compliance to FDEP once implementation is complete. Compliance is required within 24 months from issuance of the Order. A-4 CITY OF CAPE CANAVERAL Task 8 — Project funding Consultation (Optional) Once the evaluations and testing outlined in the first 5 Tasks are complete, BC will formulate preliminary funding approaches to meet compliance of the Administrative Order. PROJECT SCHEDULE AND FEES Brown and Caldwell will complete the engineering work and submit the deliverables as summarized in the following Table within 6 weeks of project authorization. Task No. Description Completion Time weeks Fees 1 Kickoff Meeting - $4,500.00 2 Treatability Study 14 20,500.00 3 Influent Quality Study 8 9,000.00- 4 Receiving Water Quality (optional) varies 16,500.00- 5 Mixing Zone Analysis Not in Scope) varies Not In Scope 6 Progress Reporting to FDEP Every 6 months 12,500.00 7 Develop & Implement approach to comply 14 6,000.00 8 Project Funding Consultation (optional) vanes 2,000.00 Total* 1 $71,000.00 * Fee = $52,500 without optional tasks A-5 CITY OF CAPE CANAVERAL EXHIBIT B JAR TESTING The City of Cape Canaveral domestic wastewater treatment facility (WWTF) should remove dichlorobromomethane, mercury, silver, and zinc from its wastewater. Based on data provided in the Administrative Order No. 06-2162 issued by the Florida Department of Environmental Protection, the wastewater treatment requirements are summarized in Table 1. Table 1— Wastewater Treatment Requirements Parameter Discharge Concentration (µg/L) Annual Average Limit (µg/L) Treatment Objective' WCL) Dichlorobromomethane 27.7 22 11 Mercury 0.2 0.025 0.0125 Silver 4.0 2.3 1.15 Zinc 270 86 43 'Defined as half the annual average limit A sample of the WWTF treated effluent will be collected and sent overnight, on ice, to the Brown and Caldwell (BC) Wastewater Laboratory in Nashville, Tennessee. Upon reception at the laboratory, a sample will be collected and sent to an analytical laboratory for the determination of dichlorobromomethane and total and soluble (0.45 gm filtrate) mercury, silver, and zinc concentrations. If analytical results indicate that the total concentration of mercury is below its treatment objective (Table 1) another WWTF effluent sample will be requested and a new characterization will be needed. If any of the other species in the sample is below its treatment objective, the remainder of the sample received will be spiked with the species that are below their treatment objectives. The treatment technologies to be evaluated are: 1. Air stripping and carbon adsorption for Dichlorobromomethane B-1 CITY OF CAPE CANAVERAL 2. Sulfide precipitation and co -precipitation with aluminum and ferric hydroxides for mercury, silver, and zinc DICHLOROBROMOMETHANE Air Stripping Air stripping of dichlorobromomethane will be evaluated using a packed -column air stripping model. Activated Carbon Isotherm Activated carbon adsorption of dichlorobromomethane will be evaluated using the laboratory -scale isotherm procedure. Six closed, zero head -space reactors will be used at varying carbon doses. MERCURY, SILVER, AND ZINC The efficiency of alum, ferric chloride, and ferrous sulfide for the removal of mercury, silver, and zinc will be evaluated using jar testing. The following tests will be conducted. 1. Jar Test No. 1 — Ferrous Sulfide — Four reactors varying dose at sample pH 2. Jar Test No. 2 — Alum — Four reactors a. Fixed dose — varying pH b. Varying dose at optimum pH 3. Jar Test No. 3 — Ferric Chloride — Four reactors a. Fixed dose — varying pH b. Varying dose at optimum pH 4. Jar Test No. 4 — Confirmatory Test — Three reactors, one using best chemical at best dose and pH (if applicable), duplicate reactor, and method blank B-2 CITY OF CAPE CANAVERAL SCHEDULE Assuming that all species are above their treatment objectives in the first WWTF effluent sample received, the treatability study schedule is presented in Figure 1. The treatability study could be completed in 12 weeks. Task Week 1 2 3 4 5 6 7 1 8 9 10111112 ._.............._......__.......... _.......... ....._...._...................... ......_......._.........-....._..._ Sample Collection Characterization ......._.........__........_..._..................................................................._....................................,,.............................._.................. AirWStr ping..Model........................................_..... ............. Adsorption Isotherm .. Jar_Testin........ _.......... ........ _.............. ........... _................ .. 1 2a..................._..._........................................._.........._..._._............._.........._... 2b _..3a.._..—....._.._................._................_._......_......._....._. _.3b...._.....__........._......_.-......................_......._....__.._ _.._..__...___.._...._....._..._... _.... _......... __...._.................... ..... 4 chnica_........__..._....._ _..._...ic:a._._.._.........l Mem...o...._..r..an_......._..du..._..m..._.............._.._. Te _.._.,Air St...!Pp..... .... ....... _......... ............... _............. Carbon Adsorption _ _._......_...._....._..........._...... _ . Jar Tests 1, 2a, and 3a• _.... _.......... Jar Tests 2b and 3b _._..._......... __._...._........................._.........._............_.................._........................................_.. Jart Test 4 . _._............__...................... ReP°�.... _..............._...................................._.................................._ .........,,,....._ _..._......................._ _..__....... ........... ........._._.......................__....._......... .... ... .... ............................ ......... .............. ......... ... ... .._........_......................... .._....... _ _...._.............. ........_............ _.._._. ........_._ _. _._.._..........._.... _..__...... _.... _.... ....................._. _...._.. ._... .......... ....__.. ...._........ .............. .............. __.... _.. _............... ._..._.._......._..__. ... ......... ..._......._..........._.............._............_._......._............_....._...... _...._......................._._...._ ....._...... _....._... ........ ... , ............_......._..................._..._....._............................._..........,.. .............. ....... _.. _ _.......... ............. _..... ..... _..._ ...._.....,, ......_._.....__.. _.._.. _._..._. _. ..._......... __.._ _...__..._._.. • _._... ._... .............__........__ .......... ._.. _.._.._....._......_._ ..... ._.. . ... _...... .. _. _... _ _.._.. __ .___...._._._ _.._._........_._. _..... ....... ............ _..............._..................... ............... _ _....__....._..._........_..... .... .. .. __...... .-..........._ _......_ • .w.._......_..._ .. ...... _... _......_._ ..._.._.............. _... Figure 1 — Treatabity Study Schedule B-3 BEFORE THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION IN THE MATTER OF: Name and address of CITY OF CAPE CANAVERAL EDWARD S.GARDULSKI PUBLIC WORKS DIRECTOR 601 THURM BOULEVARD CAPE CANAVERAL FL 32920 IN THE OFFICE OF THE CENTRAL DISTRICT Administrative Order No.: 06-2162 DEP Permit No: FL0020541 PA File Number FL0020541-004-DW IP ORDER ESTABLISHING COMPLIANCE SCHEDULE UNDER SECTION 403.088(2)(f), F.S. 1�3ell Iy C114`�lf1 Y:1177-0-ri The Department of Environmental Protection (Department) issues this order under the authority of section 403.088 of the Florida Statutes. The Secretary of the Department has delegated this authority to the Director of the Central District, who issues this order and makes the following findings of fact. II. FINDINGS OF FACT 1. City of Cape Canaveral is a person under section 403.031 of the Florida Statutes. 2. City of Cape Canaveral is the responsible agency which owns and operates an existing 1.80 MGD domestic wastewater treatment facility (located at 601 Thurm Boulevard, Cape Canaveral, Florida) which discharges wastewater to the Banana River (Class III marine waters and Outstanding Florida Waters) waters of the state as defined in section 403.031 of the Florida Statutes. 3. City of Cape Canaveral has applied for a permit under section 403.088(2) of the Florida Statutes. 4. Section 301(a) of the Clean Water Act (Act), 33 U.S.C. § 1311(a), prohibits the discharge of pollutants into navigable waters of the United States except in compliance with the National Pollutant Discharge Elimination System (NPDES) permit, authority for which is currently delegated to the State of Florida, Department of Environmental Protection. 5. The wastewater treatment facility is permitted to discharge up to 1.8 mgd annual average daily flow of effluent into surface waters of the State, which are also navigable waters of the United States, through a discharge pipe that is approximately 500 feet in length with the outfall 42 feet from shore and discharges at a depth of approximately 5 feet, at discharge location 13001, where it is discharged to the Banana River (a Class III marine water and Outstanding Florida Water). The point of discharge is located approximately at latitude 28° 23'35" N, longitude 80° 37' 16" W. 6. Table 3.A.15 of Form 2A of the renewal application indicated an average sample result for Dichlorobromomethane detected in the effluent at a concentration of 27.7µg/L. This level, if continued for a year, would exceed the 22 µg/L annual average limit for Dichlorobromomethane in a Class III marine water as established in Chapter 62-302, Surface Water Quality Standards, under Rule 62-302.530(36), Florida Administrative Code. Based upon these samples and analyses, an interim Dichlorobromomethane limit of 50 µg/L for the first 24 months of permit issuance with an annual average of 22 µg/1 taking effect in the 36th month of permit issuance has been established for incorporation into the permit. Monthly monitoring is included in the permit. Table 3.A.15 of Form 2A of the renewal application indicated a average sample result for Mercury detected in the effluent at a concentration of 0.2 pg/L. This level exceeds the 0.025 pg/L surface water criteria for Mercury in Class III marine waters as established in Chapter 62-302, Surface Water Quality Standards, under Rule 62-302.530(42), Florida Administrative Code. Based upon these samples and analyses, an interim limit for Mercury of 0.5 ug/L for the first 24 months of permit issuance, with a maximum limit of 0.025 pg/L taking effect in the 25`h month of permit issuance has been established for incorporation into the permit. Monthly monitoring will be included in the new permit. 8. Table 3.A.15 of Form 2A of the renewal application indicated an average sample result for Silver detected in the effluent at a concentration of 4.0 pg/L. This level exceeds the 2.3 pg/L surface water criteria for Silver in Class III marine waters as established in Chapter 62-302, Surface Water Quality Standards, under Rule 62-302.530(60), Florida Administrative Code. Based upon these samples and analyses, an interim Silver limit of 5.5 ug/L for the first 24 months of permit issuance, with a limit of 2.3 pg/L taking effect in the 25th month of permit issuance has been established for incorporation into the permit. Monthly monitoring will be included in the new permit. 9. Table 3.A.15 of Form 2A of the renewal application indicated an average sample result for Zinc detected in the effluent at a concentration of 270 pg/L. This level exceeds the 86 pg/L surface water criteria for Zinc in Class III marine waters as established in Chapter 62-302, Surface Water Quality Standards, under Rule 62-302.530(60), Florida Administrative Code. Based upon these samples and analyses, an interim Zinc limit of 300 ug/L for the first 24 months of permit issuance, with a limit of 86 pg/L taking effect in the 25th month of permit issuance, has been established for incorporation into the permit. Monthly monitoring will be included in the new permit. 10. Sections 403.088(2)(e) and (f) of the Florida Statutes authorize the Department to issue a permit for the discharge of wastes into waters of the State, accompanied by an order establishing a schedule for achieving compliance with all permit conditions if the specified criteria are met. 11. The Department has been in discussion with the applicant regarding the elevated levels in the effluent. It has been determined and agreed between the parties that the plan and schedule be incorporated into this Administrative Order which is referenced in the permit for the facility. 12. The Department finds that: a. The applicant needs permission to discharge effluent or reclaimed water (and cannot provide an affirmative demonstration of reasonable assurance that the surface water quality standards for discharge of Dichlorobromomethane, Mercury, Silver, and Zinc to the waters of the State can be consistently met) for a period of time necessary to complete research, planning, construction, installation, or operation of approved and acceptable process changes, a modified pollution abatement facility or alternative waste disposal system; b. The applicant has a substantial Part III public access reuse system under continual expansion. Discharge to surface waters is a back-up disposal method for the wastewater treatment plant. There is no present, reasonable alternative means of disposing of the excess reclaimed water/effluent other than by discharging it into the surface waters of the State. c. The granting of a wastewater permit will be in the public interest, and; d. The discharge will not be unreasonably destructive to the quality of the receiving surface waters. III. ORDER 13. Based on the foregoing findings of fact, IT IS ORDERED: 14. The City of Cape Canaveral shall implement the proposed compliance plan in accordance with the following: a. Begin a treatability study as soon as practicable after permit issuance with a progress report made to FDEP within six months of permit issuance, to determine to what extent in -plant processes may be modified to reduce the Dichlorobromomethane, Mercury, Silver and Zinc levels in the effluent. The results of the initial treatability studies shall be used to determine what permanent plant changes and modifications must be made. These modifications must be completed within the first 24 months after permit issuance. b. Begin a study as soon as practicable after permit issuance with a progress report made to FDEP within six months of permit issuance, to determine to what extent influent concentrations and/or loads determine Mercury, Silver and Zinc levels in the effluent and to what extent influent concentrations and/or loads of Mercury, Silver and Zinc in the influent can be reduced. The results of the initial studies shall be used to determine what changes and modifications must be made. These modifications must be completed within the first 24 months after permit issuance. c. As soon as practicable after permit issuance, begin gathering surface water quality data to support a request for a mixing zone if the other pollution abatement efforts are unsuccessful. If it is determined that a mixing zone may be necessary, prepare and submit an application not later than December 1, 2007. d. The interim limits established in paragraph 6 shall remain in effect until the final annual average limits are effective in the 36`h month. d. The interim limits established in paragraph 7, 8 and 9 shall remain in effect for the first 24 months after permit issuance. 15. The City of Cape Canaveral shall provide the FDEP Central District with semi-annual reports outlining progress toward compliance with the time frames specified in paragraph 14 and the final effluent limits specified in DEP Permit No. FL0020541, by June 1, and December 1, of each year and a final report no later than December 1, 2008. 16. The City of Cape Canaveral shall maintain and operate the domestic wastewater facility in compliance with all other conditions of DEP Permit No. FL0020541. 17. This order may be modified as set forth in Chapter 62-4 and Chapter 62-620 of the Florida Administrative Code. 18. Reports or other information required by this order shall be sent to Christianne C. Ferraro, P.E., Program Administrator, Water Facilities FDEP, Central District, 3319 Maguire Blvd., Suite 232, Orlando, FL 32803. 19. This order does not operate as a permit under section 403.088 of the Florida Statutes. This order shall be incorporated by reference into Department Permit No. FL0020541, which shall require compliance by the permittee with the requirements of this order. 20. Failure to comply with the requirements of this order shall constitute a violation of this order and Department Permit No. FL0020541, and may subject the permittee to penalties as provided in section 403.161 of the Florida Statutes. 21. This order is final when filed with the clerk of the Department, then the Department shall implement this order unless a petition for an administrative proceeding (hearing) is filed in accordance with the notice set forth in the following section. IV. NOTICE OF RIGHTS 22. Persons whose substantial interests are affected by this order may petition for an administrative proceeding (hearing) in accordance with section 120.57 of the Florida Statutes. 23. The petition must conform to the requirements of rule 62-103 of the Florida Administrative Code, and must be filed (received) in the Office of General Counsel, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, within fourteen (14) days of publication of this notice. Failure to file a request for hearing within this time period shall constitute a waiver of any right such person may have to request an administrative determination (hearing) under section 120.57 of the Florida Statutes. 24. If a petition is filed, the administrative hearing process is designed to formulate agency action. Accordingly, the Department's final action may be different from the position taken by it in this preliminary statement. Therefore, persons who may not object to the proposed agency action may wish to intervene in the proceeding. A petition for intervention must be filed under model rule 28-5.207, F.A.C., at least five days before the final hearing with the hearing officer (if one has been assigned) at the Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399- 1550. If no hearing officer has been assigned, the petition is to be filed with the Office of General Counsel, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399- 2400. Failure to file a petition to intervene within the allowed time frame constitutes a waiver of any right such person has to request a hearing under section 120.57 of the Florida Statutes. 25. Any party to this order has the right to seek judicial review of the order under section 120.68 of the Florida Statutes, by the filing of a notice of appeal under rule 9.110 of the Florida Rules of Appellate Procedure with the clerk of the Department in the Office of General Counsel, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice of appeal must be filed within thirty days after this order is filed with the clerk of the Department. DONE AND ORDERED on this day of 2006 in , Florida. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Vivian F. Garfein Director, Central District 3319 Maguire Boulevard, Suite 232 Orlando, FL 32803-3767 Phone: (407)894-7555 FILED AND ACKNOWLEDGED on this date, under section 120.52 of the Florida Statutes, with the designated Department Clerk, receipt of which is acknowledged. Clerk Date Copies furnished to: Deborah Ingersoll Cole, P.E. (via e-mail: dcole@brwncald.com) Meeting Type: Regular Meeting Date: 03-06-07 AGENDA Heading Ordinances -2" a Reading Item 6 No. Ordinance No. 03-2007 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2007, AMENDING CHAPTER 102, PROVIDING FOR A DEFINITION OF "DISEASED TREE" DEPT/DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider the adoption of Ordinance No. 03-2007, amending Chapter 102, Vegetation, providing for a definition of "Diseased Tree". Summary Explanation & Background: Chapter 102 currently does not define a Diseased Tree. Exhibits Attached: Ordinance No. 03-2007 City Manager' ffice _, Department PUBLIC SAFETY/BUILDING DEPT cape- mydocu eats\ council\meeting\2007\03-06-07\03-2007.doc Draft February 21, 2007 ORDINANCE NO. 03-2007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 102. VEGETATION, OF THE CAPE CANAVERAL 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. 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 Florida Constitution, Article II, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, the City Council is committed to preserving, enhancing, and creating green area within the City and by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and installation of new trees within the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water run off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, the City Council recognizes that trees sometimes become infected with disease that may substantially decrease the viability of the trees; and WHEREAS, despite being infected with certain tree disease, some diseased trees may remain viable for a period of years and in some cases, decades; and WHEREAS, the City Council desires to provide an express definition for the term "diseased tree" in its City Code in order to establish clear guidelines to citizens and city staff with regard to permitting and removal of diseased trees; 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 City of Cape Canaveral Ordinance 03-2007 Page 1 of 4 Draft February 21, 2007 Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 102, Vegetation, 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 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION ARTICLE II. TREE PROTECTION DIVISION 2. LAND CLEARING Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Diseased tree means a tree with a sustained or progressive impairment caused by tree disease which seriouslypromises the viability of the tree in that it is unlikely the tree will remain livid 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 the diseased tree. Any claim that a tree is diseased for purposes of obtaining a land clearing permit pursuant to the requirements of this division shall be certified in writing by a licensed arborist or other qualified tree expert deemed City of Cape Canaveral Ordinance 03-2007 Page 2 of 4 Draft February 21, 2007 acceptable by the city, and shall be considered by the city in issuing any such permit. 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 12007. ATTEST: ROCKY RANDELS, Mayor Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels SUSAN STILLS, City Clerk C. Shannon Roberts First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance 03-2007 Page 3 of 4 For Against Draft February 21, 2007 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 03-2007 Page 4 of 4 Meeting Type: Regular Meeting Date: 03-06-07 AGENDA Heading Resolutions Item '7 No. and the South side of Fillmore Avenue. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2007-07, APROVING THE PRELIMINARY REPLAT OF CASA ESPERANZA TOWNHOMES DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider Resolution No. 2007-07 approving the preliminary replat of Casa Esperanza Town homes as requested by the applicant Triple J Investments, LLC, as recommended by the Planning & Zoning Board. Summary Explanation & Background: This request is for a preliminary replat of part of Lot 7 and Lot 8, Block 58, Avon -by -the -Sea, East of (AIA) and the South side of Fillmore Avenue. Exhibits Attached: P&Z Board recommendation dated 02-16-07; Application by applicant; Staff review comments; Preliminary replat drawing (hand-out) City Ma a Department GRWTH MGMT/P&Z cape-nt\kim\mydocuments\admin\council\meeting\2007\03-06-07\2007-07.doc RESOLUTION NO. 2007-07 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE PRELIMINARY REPLAT OF "CASA ESPERANZA TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Tripple J Investments, LLC, complied with the 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 Casa Esperanza Townhomes, Section 23, Township 24 South, Range 37 East, Part of Lots 7 and 8, Block 58, (East of North Atlantic and South Side of Fillmore Avenue) is hereby approved. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of March, 2007. Rocky Randels, MAYOR ATTEST: FOR AGAINST Leo Nicholas Susan Stills, CITY CLERK Buzz Petsos Rocky Randels Shannon Roberts APPROVED AS TO FORM: Anthony Garganese, CITY ATTORNEY '007 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 Casa Esperanza Townhomes Preliminary Replat ------------------------------------------------------------------------------------------------------------ At the Planning & Zoning Board meeting, held on February 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 02/07/2007 15:32 4076297883 MILLER LEGG PAGE 03/07 CITY OF CAPE CANAVEML 1 it U. .1 AW Project Name: C a s, RE5IDEINTZAAL: It 2 arc 3. Residential Uni........ ..-- ..- ......................TOTAL: $37.50 Total # of Units? (4) or more Residential Units $50.00 ('1st (4) Units), W.00 Picas Usiits ® $7.50'per unit $ Total: s � 7' COA04E ,C 41-- $750 per acre of land, or portion thereof. Acres X $150 TOTAL......... ..$ SPIE PIAN EXI BN5I0N:........ .................�...,. __.....,.T 'AL;......,........$150.00 F.FS DENTIAL: 1- 4 Units ...................... (� Over 4 Units .................. $1x500.00 CONOvIERCIAL: Up to 4 Acres .... _........... $1,500.00 Over 4 up to 8 Acres ..... $2,000.00 Over 8Acres..................$3,000.00 Total Acres: Office Use Only: Esaaw Account # 1-202.7400 TOTAL REVIEW DEPOSIT RECfiiM: $ 7c�n. car TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $ '37:$CR PAID RECEIF T NO DATE RECV'D ?(� /o c - 01 1_,--'Znm 1.1,11. ?15,5 Eta, I,ll 1737.50 4-tric"> f 02/07/2007 15:32 4076297883 MILLER LEGG PAGE 04/07 i�ATE OF suBm TTAL: 12 - Az .1c6 (NOTE: SUBMITTAL MUST BE SIIBMII'I'ID A 1lfD IUM OF 30 DAYS PRIOR TO THE PLANNING & ZON NG ZVEM'MG; PLAT MUST 1YIEET THE REQLMMENTS OF SECTION 98-41 THROUGH 9&Q). IS TR&PLAT, OR MAL PLAT? Pre a r P I f AMOL�7T OF FII,I�iG FEE PAID: S AMOUNT OF FANGLYEERANG DEPOSIT P_AM: S " DID BREVARD COUNTY, GEOGRAPHIC RESEARCH DIVISION APPROVE THE REQUEST FOR STREET INAME, IF APPLICABLE? MOTE: TSLS NTiEDS TO BE DONE PRIOR TO 5L1B1ZIITAL). -YES NO " N -A, -,?C- PROJECT ItiAE: Cots--- ESP elan-4cr- PROJECT ADDRESS: '3-3-3�7`-2cD . LEGAL DESCRIP'ITO-F- A � Fyr T� e 5 ta, ��- E /6 f f ��' La+ 7 �s F Tx ,.L ✓»�s fi c-t�s LAG `{- 3 7-;23e— OWNTRM ADDRESS: P, 0- $v,r 3 z� i , C."A ¢ C -t-'.1" �.�-� (., 0- 3 FROJECT ARc=r-TiE Gr.�ttiER: G 1 ` Fl" PHO,N-E No. OF ARcHZTECT/EGLN=- Y APPTACAuNTM SIGNA p p l J 1.4 -'C!%� f►u OP -A. s L L� iPJAS04T PRo_ E mimER OF Ow�r-�vAGEv-m 7 S 3- c, a 02/07/2007 15:32 4076297883 MILLER LEGG PAGE 07/07 December 22, 2006 City Of Cape Canaveral Respectfully request review of proposed plat concerning 333 Fillmore Avenue, Cape Canaveral, Florida. The property is located in the R2 zoning district. We intend to build a townhouse project consisting of three units. T wk you John Johanson For Tripple J investments, LLC City of Cape Canaveral Casa Esperanza Preliminary Replat Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Current Future Land Use: Current Zoning: Triple J Investments, LLC. Section 23, Township 24 South, Range 37 East 0.26 +/- Acres 3 units (maximum potential units for whole site) R-2 Residential R-2 Residential Description: The applicant proposes a preliminary replat of a lot located at 333 Fillmore Avenue, Parcel No. 24 -37 -23 -CG -00058.0-0007.00. The replat will result in three (3) lots created out of the existing one, all with frontage onto Fillmore Avenue. The subject site is located south of and adjacent to Fillmore Avenue and west of 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 10,034. 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 1 to 2 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 Multifamily Residential / Ocean Park Condo Single Family Residential Multifamily Residential / Duplex 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 1 to 2 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, multiplied by the proposed three (3) households, then multiplied by 118; the projected demand for the proposed development is approximately 831 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 multiplied by 3 households; the projected demand for the proposed project is 792 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 Urban Land (UR) soil type. The soils in this complex are 60 to more than 75 percent covered with streets, buildings, large parking lots, shopping centers, industrial parks, airports and related facilities. 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 three (3) units will probably accommodate six to seven new persons. ��J 15 W IEI 3 8 7 54 �J • Q, J 7.721.13 1.01 6 1.05 41 F 3 MITA`! r i uu ; 5 4 `10` 11 I 13 y 15.01 1.41 Page 1 of 1 http://brevardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl&id=20070207141... 2/7/2007��` February 1, 2007 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Preliminary Plat Review —Casa Esperanza -Review #2 SSA Job No. 05-0025, Task 042-1003 Dear Mr. Peetz: SSA RECEIVED FEB - 4117 t - 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. incerely, 4 David Roy J s, S` Chief Surveyor DRJ.jls Cc: Susan L. Chapman City Engineer's Review Fee For Review #2 — WC 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. S"I'OTI7 ER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS. INC 8680 North P.Nantic Avenue P. O. Sox 1630 Cape Canaveral, Florida 32920 Tel 321-7831320 Fax 321-783-7065 Doan waorivalciWtprojectskaKd-casa espersus pre plat review 2.dUc. #AACO(M M #EB0000762 #LB0006700 �'' V , MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: January 22, 2007 RE: Casa Esperanza Townhomes Preliminary Re -Plat The Public Works Department has reviewed the Preliminary Re -Plat of the above stated project and has noted the recorded street vacation (691/564). This re -plat has made note of the recorded vacation of Magnolia Avenue. The Public Works Department does not have any further comments of concerns. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: January 24, 2007 Re: Casa Esperanza Preliminary Replat I have reviewed the Casa Esperanza Preliminary Replat and have no concerns at this time. However, it should be noted that: 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 spaces 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. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Page 1 of 1 Todd Peetz From: John Cunningham Ocunningham@ccvfd.orgj Sent: Monday, February 05, 2007 8:20 AM To: Todd Peetz Subject: Re:Prelminary Replat 2nd We have reviewed the replat for Case Esperanza and have no comment at this time. 2/7/2007 �� i Meeting Type: Regular Meeting Date: 03-06-07 AGENDA REPORT AGENDA Heading Discussion Item 8 No. could be utilized to abate a chronic nuisance property: CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: CHRONIC NUISANCE AND CODE ENFORCEMENT CITATION CODES DEPT/DIVISION: ADMINISTRATION Requested Action: City Council discuss the merits of drafting a chronic nuisance ordinance and the expansion of the use of code enforcement citations (civil citations) to cure chronic nuisances. Summary Explanation & Background: A recent workshop meeting with the Sheriff's Department revealed that there are rental properties that have a high frequency of calls. One property mentioned had over 160 calls in one year. There are two methods that could be utilized to abate a chronic nuisance property: (1) Expand the use of code enforcement citations (civil citations), (2) Draft a chronic nuisance ordinance that would levy automatic fines for excessive nuisance calls. I have attached the City of Cape Canaveral (limited to fireworks) and the City of Sanford (very broad) code enforcement citation codes for comparative discussion. Also included is the City of Sanford's chronic nuisance code that provides for automatic fines for excessive nuisance calls for your review and discussion. Exhibits Attached: . Sanford Codes; Cape Canaveral Code Enforcement Citation Code City Mara Department ADMINISTRATION cape-nY\kim\mvrl nrnmant c\af7min\nn,,., ..; � \..e.,+;., ,.ion n -, n \C1uau. uli.QOC DIVISION 3. CODE ENFORCEMENT CITATIONS DIVISION 3. CODE ENFORCEMENT CITATIONS Sec. 2-280. Intent and purpose. Page 1 of 6 (a) It is the intent and purpose of this division to provide a supplemental procedure for the enforcement of city codes and ordinances. Nothing contained in this division shall prohibit the city from enforcing its Code and ordinances by any other lawful means. (b) It is also the intent and purpose of this division to enhance the effectiveness of code enforcement within the city by authorizing the enforcement methods and penalties contained in this division for the betterment and promotion of the public health, safety, and welfare of the citizens of the city. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-281. Definitions. The following words and phrases shall have the meaning ascribed herein unless the context clearly indicates otherwise: (a) Code enforcement officer shall mean city manager designated employees or agents whose duty it is to enforce the City Code and ordinances. Code enforcement officers may include, but are not limited to, code inspectors, building inspectors, the building official, law enforcement officers, fire safety inspectors, or any other employee or agent authorized by the city council and/or city manager. All such officers employed by the city shall receive training as prescribed by the city council and/or city manager. (b) Person shall mean any individual, associations, joint ventures, partnerships, corporations, trusts, sole proprietorships, and any and all other groups or combinations and legal entities. (c) Repeat violation shall be as defined by F.S. ch. 162, and as may be amended from time to time. (d) Violation shall mean the act of breaking, infringing or transgressing any provision of the City Code, its ordinances or other law by a person, pursuant to this division. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-282. Authorization of citation program. (a) The city hereby adopts a code enforcement citation system to provide an additional and supplemental method of enforcing the enumerated codes and ordinances enumerated in section 2-283 or specifically made subject to this division elsewhere in the City Code. The enforcement method shall be by the issuance of citations for violation of duly enacted city codes and ordinances in accordance with the rules and procedures established by this division and F.S. Ch. 162. (b) Code enforcement officers shall not have the power of arrest for purposes of bringing a violation in compliance. For each violation, the code enforcement officer shall determine, using reasonable discretion, whether to prosecute the violation through the civil citation system under this division and/or the code enforcement board. (Ord. No. 06-2004, § 2, 4-20-04) http://libraryl.municode.com/mcc/DocView/12642/l/33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 2 of 6 Sec. 2-283. Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: (1) Chapter 38, Article IV, Fireworks ... Class ll. (b) In the event of a conflict between the civil penalties enumerated in this section and a civil penalty specifically enumerated elsewhere in this Code or other ordinances, the more stringent penalty shall apply. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-284. Training of code enforcement officers. (a) The training and qualifications of the code enforcement officers shall be established by the city council or city manager. (b) Except for sworn law enforcement officers, the designation of code enforcement officers under this division does not confer the power of arrest or other law enforcement powers nor subject the code enforcement officers to the provisions of F.S. Ch. 943. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-285. Citation powers; personal investigation; reasonable cause. Any code enforcement officer is hereby authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of the duly enacted code or ordinance which is either identified in section 2- 283 of this division or specifically made subject to this division elsewhere in the City Code, regardless of whether the violation constitutes a repeat violation. Nothing in this section shall prohibit thecity from enforcing its codes or ordinances by any other means. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-286. Violation; penalties; general. (a) A violation of a city code or ordinance specifically made subject to this division is hereby deemed a civil infraction. (b) Each violation of a city code or ordinance specifically made subject to this division is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) The maximum civil penalty pursuant to this division, shall not exceed $500.00 plus all applicable court costs and legislative assessments, per violation. (d) Any citation issued pursuant to this article may be contested in county court. (e) Any person who willfully refuses to sign and accept a citation issued by a code enforcement officer shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. §§ 775.082 and 775.083. (f) The provisions of this part shall not apply to enforcement pursuant to sections 553.79 and http://libraryl.municode.com/mcc/DocView/12642/l/33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 3 of 6 553.80 of the Florida Building Code, as applied to construction, provided that a building permit is either not required or has been issued by the city. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-287. Citation issuance procedure. All citations issued pursuant to this division by a code enforcement officer shall be in accordance with the following procedure: (a) Warning notice. Except as provided in subsection (b), a code enforcement officer shall provide a warning notice prior to issuing a citation. The warning notice shall at a minimum provide the following: (1) The code or ordinance provision violated; (2) The date of the issuance of the warning notice; (3) Specified time for compliance (the time period for compliance shall not exceed 30 days); (4) Maximum amount of fine if violation is not corrected; (5) Code enforcement officer's signature; and (6) A place for the signature of the person receiving the warning. If upon personal investigation, the code enforcement officer finds that the person has not corrected the violation within the time period, the code enforcement officer may issue a citation to the person who has committed the violation. The citation shall be in a form proscribed in section 2-288. (b) Repeat violation, serious threat to public, or irreparable. A code enforcement officer is not required to provide the person with a reasonable time period to correct the violation prior to the issuance of a citation and may immediately issue a citation if a violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety or welfare, or if the violation is irreparable or irreversible. (c) Delivery of citations. After issuing a citation to a person, the code enforcement officer shall: (1) Deposit the original citation and one copy of the citation with the clerk of court for the Brevard County Court. (2) Provide the person cited with one copy; and (3) Retain one copy in the code enforcement officer's case file. (d) Issuing citations to persons. Written warning notices, if applicable, and citations shall be issued to a person as follows: (1) If the person is an individual, the code enforcement officer shall issue the warning notice or citation to the person by hand delivery. In the absence of the person who has committed the violation, issuance of a warning notice or citation may be accomplished by leaving a copy of the warning notice or citation at a person's usual place of residence with any person residing therein who is 15 years of age or older and informing the person of the contents or forwarding a copy of the warning notice or citation by registered or certified mail, return receipt requested. (2) If the person is a business or other entity, the code enforcement officer shall issue the warning notice or citation to any employee or principal of the entity, during regular business hours, and inform the employee or principal of the contents or by forwarding a copy of the warning notice or citation by registered or certified mail, return receipt http://libraryl.municode.com/mcc/DocView/12642/l/33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 4 of 6 requested. Each employee of the business or principal shall be deemed to be an agent of the business for service of warning notices and citations. (e) Person required to sign citation. Except in the absence of the person who has committed the violation, a code enforcement officer shall require the person to sign and accept a citation being issued. If the person refuses to sign and accept the citation, the code enforcement officer shall write the words "refused to sign" or any other words of similar meaning in the space provided in the citation for the person's signature and shall leave a copy of the citation with the person if possible, or mail a copy to the person, if possible, by registered or certified mail, return receipt requested. Following such refusal to sign and accept, the code enforcement officer shall also contact the city police department to report such violation of section 2-286(e) and F.S. § 162.21(6). (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-288. Citation form. Unless a uniform code citation is promulgated by administrative order issued by the chief judge of the 18th judicial circuit or state statute, the citation issued by a code enforcement officer shall be in a form prescribed by the city council by resolution, and shall contain at a minimum the following: (a) The date and time of issuance; (b) The name and address of the person to whom the citation is issued; (c) The date and time the civil infraction was committed; (d) The facts constituting reasonable cause; (e) The number or section of the code or ordinance violated; (f) The name and authority of the code enforcement officer; (g) The procedure for the person to follow in order to pay the civil penalty or to contest the citation; (h) The applicable civil penalty if the person elects to contest the citation; (i) The applicable civil penalty if the person elects not to contest the citation; and (j) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-289. Payment of penalty; court hearings. (a) Citation not contested. If the person elects not to contest the citation, the person shall pay in full the applicable civil penalty, made payable by cash or check to the city and delivered to the city manager, within 14 calendar days after issuance of the citation. The civil penalty shall be deposited in the city's general fund. By paying the citation, the person shall be deemed to have admitted the infraction and waived the right to a hearing. The city manager shall instruct the code enforcement officer who issued the citation to promptly notify, in writing, the clerk of the court for the county court that the person elected not to contest the citation and the matter involving the particular paid citation has been closed and requires no hearing before the court. http://library l .municode.com/mcc/DocView/ 12642/l /33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 5 of 6 (b) Failure to pay citation and request court hearing. If the person cited fails to pay the civil penalty by the 14th calendar day after the issuance of the citation or fails to request a court hearing within the time prescribed in subsection (c), the person shall have waived any right to contest the citation and a judgment shall be entered against the person cited in an amount up to the maximum civil penalty plus applicable court costs. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to pay or request a court hearing. Failure to respond to an order to show cause may result in issuance of an arrest warrant or other lawful action by the court. (c) Citation contested. If the person elects to contest the citation, the person shall, within 21 calendar days of issuance of the citation, request, in writing, the clerk of the court for the county court to schedule a hearing before a county judge. The person shall immediately notify the city of the request for hearing by U.S. mail or hand delivery to the city manager. Said hearing shall be scheduled as soon as the court calendar shall permit. (d) Judicial determination of violation and penalties; civil judgments; payment of civil judgment (1) A county judge, after a hearing on the citation, shall make a determination whether or not a violation of the code or ordinance cited has been committed. If a violation is found to have occurred, the county judge may order the violator to correct the violation and may impose a civil penalty up to the maximum civil penalty plus all applicable costs of prosecution and legislative assessments, plus applicable court costs; in no event, however, shall such civil penalty imposed by the county judge be less than the reduced civil penalty set forth herein. (2) The county judge may provide for the civil penalty to be paid, and the violation to be corrected, within such time as the county judge determines to be appropriate. If the person found to be in violation fails to pay the civil penalty or correct the violation within the time provided, a civil judgment shall be entered against that person in an amount up to the maximum civil penalty plus applicable court costs. (3) Should the person cited schedule a hearing as provided for herein and thereafter fail to appear at such hearing, the person shall be deemed to have waived the right to contest the citation, and a civil judgment shall be entered against the person in an amount up to the maximum civil penalty plus applicable court costs; provided, however, that the court shall have the discretion to continue or reschedule any hearing when it determines that doing so will further the interest of justice. In such an event, theclerk of the court shall notify the code enforcement officer and the person cited of the date and time of the hearing. In addition, an order to show cause may be issued by the county judge requiring the person cited to appear in county court to explain the person's failure to appear at the hearing. Failure to respond to the order to show cause may result in issuance of an arrest warrant. (4) Should the person cited willfully fail to comply with a court order to abate or correct the violation, the court, after due notice and hearing on the matter, may hold the violator in civil contempt and may enter an order to that effect. (5) In the event that a civil judgment is entered against the person cited as provided herein, the city may record a certified copy of said judgment in the official records of the county and the same shall thereafter constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator. (6) In the event that an order is entered finding that a violation of the ordinance cited has been committed, the city may record a certified copy of said order in the official records of the county and the same shall thereafter constitute notice to and be binding upon the violator and any subsequent purchasers, successors in interest or assigns if the violation concerns real property, and the findings therein shall be binding upon the http://library l .municode.com/mcc/DocView/ 12642/1 /33/53/56 2/27/2007 DIVISION 3. CODE ENFORCEMENT CITATIONS Page 6 of 6 violator and any subsequent purchasers, successors in interest or assigns ifthe violation concerns real property. (7) Payment of any civil penalty imposed by civil judgment or county judge shall be made to the clerk of the court, who shall forward the monies collected to the city manager for deposit into the city's general fund. If a judgment has been entered for the civil penalty, the clerk of the court shall notify the city when the judgment has been paid and the necessary satisfaction of judgment shall be prepared and recorded in the official records of the county. (8) Should the provisions of this section conflict with any administrative order issued by the court which sets forth the court's procedures required for handling code enforcement citations, the conflicting provisions of the court's administrative order shall prevail. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-290. Authorization to enter upon property. A code enforcement officer charged with the duty to enforce this division shall have the right to enter upon private real property in accordance with applicable federal and state law. If entry upon private real property is denied, the city manager is hereby authorized to direct the city attorney to obtain an inspection warrant from a court of competent jurisdiction for purposes of authorizing a code enforcement officer to inspect the private real property and personal property thereon. (Ord. No. 06-2004, § 2, 4-20-04) Sec. 2-291. Classes of violations and penalties. (a) All violations of city codes and ordinances authorized for enforcement under this division shall be classified and assigned civil penalties as follows: TABLE INSET: Violation Civil Penalty Class 1 $100.00 Class II 200.00 Class III 300.00 Class IV 500.00 (b) Any city code or ordinance enacted subsequent to the adoption of this division may set forth the applicable civil penalty for violations by designating the appropriate violation classification provided in this section. (c) All city code or ordinance provisions which are subject to this division and which do not specifically set forth an applicable civil penalty classification shall be penalized as a class I violation. (Ord. No. 06-2004, § 2, 4-20-04) Secs. 2-292--2-299. Reserved. http://libraryl.municode.com/mcc/DocView/12642/l/33/53/56 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 1 of 7 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Sec. 26-71. Intent. The city hereby creates a supplemental and additional method of enforcing its codes and ordinances by the issuance of citations for violation of city codes or ordinances. The provisions of this article may be used for the enforcement of any city code or ordinance, or for the enforcement of all city codes and ordinances unless prohibited by law. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other means. (Code 1973, § 18-80; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-72. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Code enforcement officer means any employee or agent of the city who has been designated by the city commission to enforce the city's codes and ordinances. (Code 1973, § 18-81; Ord. No. 3098, § 1, 3-9-1992) Cross references: Definitions generally, § 1-2. Sec. 26-73. Designation, qualifications and training of code enforcement officers. The city commission is authorized to designate by resolution certain of its employees or agents as code enforcement officers. The training and qualifications of the employees or agents designated as code enforcement officers shall be determined by resolution of the city commission. Designation as a code enforcement officer does not provide the code enforcement officer with the power to arrest or subject the code enforcement officer to the provisions of F.S. §§ 943.085--943.255. Nothing in this article amends, alters or contravenes the provisions of any state -administered retirement system or any state -supported retirement system established by general law. (Code 1973, § 18-82; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-74. Authority of code enforcement officers. All code enforcement officers are authorized to issue a citation to a person when, based upon personal investigation, the code enforcement officer has reasonable cause to believe that the person has committed a civil infraction in violation of a city code or ordinance and that the county court will hear the charge. (Code 1973, § 18-83; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-75. Issuance of warning notices and citations. Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation. Such time period shall be no more than 30 days. If, http://library l .municode.com/mcc/DocView/19985/l/67/70 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 2 of 7 upon personal investigation, a code enforcement officer finds that a person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation. A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible. (Code 1973, § 18-84; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-76. Service of warning notices and citations. (a) A copy of warning notices and citations shall be provided to the alleged violator by hand delivery by the code enforcement officer. In the absence of the alleged violator, the warning notice or citation shall be delivered to the alleged violator by leaving a copy of the warning notice or citation at the alleged violator's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the warning notice or citation or by registered or certified mail, return receipt requested. (b) Whenever an alleged violator has a right or is required to do some act within a prescribed period after a warning notice or citation is delivered by mail, three days shall be added to the prescribed period. (Code 1973, § 18-85; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-77. Violation classification and civil penalty. (a) Violations of city codes or ordinances and the applicable civil penalties shall be classified as follows: TABLE INSET: Violation Classification Civil Penalty Class 1 $ 50.00 Class II 100.00 Class III 200.00 Class IV 300.00 City codes and ordinances subsequently enacted or amended may set forth the applicable civil penalty for violations by designating the appropriate violation classification. (b) Each violation of a city code or ordinance in the schedule of violations in section 26-78 is a separate civil infraction. Each day such violation shall continue shall be deemed to constitute a separate civil infraction. (c) Court costs in the amount of $10.00 per citation collected shall be retained by the clerk of the circuit court. The civil penalties set forth in this section include the court costs. (Code 1973, § 18-86; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-78. Schedule of violations. http://library l .municode.com/mcc/DocView/19985/ 1 /67/70 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 3 of 7 (a) Violation of the following city codes or ordinances is a civil infraction for which a citation may be issued: TABLE INSET: Chapter/Section Code Requirement Class § 14-4 Keeping live fowl within 150 feet of dwellings. Class I § 14-39(a) Keeping more than 3 dogs or 3 cats at or within residential Class dwellings. I § 18-84 Posting of numbers to be affixed to building, mailbox or other Class approved structures so as to be visible and legible. I Allowing accumulation of junk/trash, wild growth in excess of § 38-143 18 inches in height and grass in excess of 12 inches in Class height. I Ch. 38, art. V, div. 3 (§ 38-171 et seq.) Keeping of junk cars and parts. Class I § 54-6 Driving over curbs prohibited. Class I § 54-7 Peddling and display of materials, except from licensed Class vehicle, prohibited; requirements to move to new location. I Ch. 62, art. II Recreation ramp requiring city commission approval with Class (§ 62-31 et seq.) conditions. I Ch. 82, art. II Garage sales frequency, hours, advertisement and signage Class (§ 82-31 et seq.) regulations. I § 86-35 Watertight garbage receptacles with a capacity of not more Class than 30 gallons required. I § 86-36 Garbage receptacles and plastic bags shall be placed at the Class curb. I § 86-37 Yard trash shall be properly prepared and placed at the curb. Class I § 86-39 Wet garbage shall be placed in watertight and airtight plastic Class bags or receptacles. I § 86-40(a), (b) All refuse fruit and vegetables shall be kept in plastic bags or Class receptacles until removed by the city. I § 86-41 Industrial waste shall be stored, collected and removed as Class required by city, state and federal laws. I § 86-43(a) Use of refuse container not authorized by city. Class I § 86-43(c) Removal of refuse or recyclable materials from an approved Class container. II § 86-43(d) Entering or being inside a city -furnished refuse container. Class I § 86-44 Scattering of refuse. Class I http://library l .municode.com/mcc/DocView/19985/ 1 /67/70 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 4 of 7 § 86-47(c)(1) Changing location of container without approval. Class I § 86-50 Construction waste responsibility of the owner/occupant. Class I § 86-52(b) Placement of putrescible materials in recycling containers. Class I § 98-91 City license required to engage in occupations, businesses or Class professions. II Tampering with, unauthorized work on, unauthorized connection to, or in any way altering, damaging any part of the city's utility system, including potable water, reclaimed § 102-1(a) water, sanitary sewer and/or stormwater systems prohibited. Class Tampering or unauthorized work shall include, but not be II limited to, unauthorized operation of city valves, meter tampering, straightlining, unauthorized taps, line rupture and/or illegal dumping. § 102-35 Discharge of any substance or materials which are harmful to Class the operation of the sanitary sewer system. III Obstruction of the flow of any public sewer or clog any § 102-36 appurtenance thereof or place any substance, solid or liquid, Class other than waste products prohibited. I No user shall contribute any pollutant or wastewater (directly § 102-271 or indirectly) which will interfere with the operation or Class performance of the publicly owned treatment works (POTW). I § 102-511 Cross connection to the city's potable water system Class prohibited. I § 102-551 Stormwater discharges to the MS4 and waters of the United Class States. III LDR § 3.6(A) Site development permit required prior to construction or Class alteration. I LDR § 3.6(B) Certificate of completion required prior to occupancy or Class change of use. I LDR § 5.2 Development plan review required prior to construction Class subject to exemptions. I LDR § 5.8 Maintenance of approved improvements. Class I LDR § 7.4(C) Failure to maintain common areas, facilities and Class improvements. I LDR Schedule E, Inoperative vehicles and equipment to be located in buildings Class § 1.0(A) or rear yard and screened per requirements. I LDR Schedule E, Vehicles and equipment to be set back at least 15 feet along § 1.0(B) street and ten feet along other parcel lines; no vehicles or Class equipment to be located in required buffer. I LDR Schedule E, Outdoor display related to retail sales and services shall be Class § 2.0(A) prohibited by definition and screened when required. 1 LDR Schedule E, Home occupation regulations related to display, floor area, § 3.0 structures, uses, motors, family members, noise, odors, and Class application. I http://library l .municode.com/mcc/DocView/ 19985/l /67/70 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 5 of 7 LDR Schedule E, Outdoor storage and/or display for miscellaneous business § 10.0 and services, commercial amusements, wholesale and Class storage and manufacturing. I LDR Schedule F, Commercial vehicles shall not be parked or stored in Class § 4.0 residential zoning districts. I LDR Schedule F, Inoperable or unlicensed vehicles shall not be parked or Class § 5.0 stored in residential zoning districts. I LDR Schedule J, § 3.2(D) Vehicular encroachment prohibited within required buffer. Class I LDR Schedule J, Barbed wire and/or chainlink fence prohibited within required Class § 3.2(E) buffer. I LDR Schedule J, Site development permit required prior to cutting down, Class § 4.1 destroying, removing or moving any living tree. I LDR Schedule J, Maintenance of required landscape as long as the use Class § 7.0 continues to exist. I Animated signs, billboards, flashing signs, snipe signs, LDR Schedule K, sandwich signs, seawall signs, beacon lights, bench signs, § 4.0 signs on public property, immoral display, obstructions and Class streamers, spinners and pennants prohibited in all zoning I districts. Regulation of signs identifying activity conducted on premises LDR Schedule K, for commercial, automotive, miscellaneous business and Class § 5.0(E) services, industrial, agricultural processing establishments I and transient lodging and entertainment uses. LDR Schedule K Regulation of banner signs. Class I LDR Schedule K Regulation of mobile trailer signs. Class I LDR Schedule K Regulation of motor vehicle signs. Class I LDR Schedule K, § 6.1 Regulation of political campaign signs. Class 1 LDR Schedule K, § 7.0 Regulation of lighting. Class 1 LDR Schedule K, § 8.0(C) Adequate maintenance of signs required. Class I LDR Schedule S Violations of Schedule S Class I General fire safety regulations for reporting hazards, General fire safety notification, disposal, access, storage, overcrowding, Class regulations combustive decorations, protection, extinguishing systems, II standpipes. (b) The citations issued pursuant to subsection (a) of this section may be contested in county court. (Code 1973, § 18-87; Ord. No. 3098, § 1, 3-9-1992; Ord. No. 3148, § 2, 4-12-1993; Ord. No. 3386, § 2, 2-23-1998; Ord. No. 3544, § 1, 2-29-2000; Ord. No. 3671, § 1, 10-22-2001) http://libraryl.municode.com/mcc/DocView/19985/l/67/70 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 6 of 7 Sec. 26-79. Procedures to pay penalty or contest citation. (a) Any person cited for a violation under section 26-78(a) shall, within 30 days of issuance of the citation: (1) Pay the civil penalty set forth in the schedule of violations at the clerk of the circuit court's office; or (2) Contest the citation in county court through appearance at the clerk of the circuit court's office to receive a court date. (b) If the person cited pays the civil penalty as provided subsection (a)(1) of this section, he shall be deemed to have admitted the civil infraction and to have waived his right to a hearing to contest the citation. (c) If the person cited appears at the clerk of the circuit court's office to receive a court date as provided in subsection (a)(2) of this section, he shall appear on such court date to contest the citation in county court and he shall be deemed to have waived his right to the civil penalty set forth in the schedule of violations and shall be subject for each violation to the maximum civil penalty, which shall not exceed $500.00 plus any applicable court costs. (d) If the person cited fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to have waived his right to contest the citation and judgment may be entered against the person for an amount up to the maximum civil penalty, not to exceed $500.00. (e) Any person who willfully refuses to sign or accept a citation issued by a code enforcement officer or refuses to provide the information required in the citation shall be in violation of this section and such violation shall be prosecuted as a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or F.S. § 775.083. (Code 1973, § 18-88; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-80. Citation contents. The citation issued by the code enforcement officer shall be in a form prescribed by the city and shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the civil infraction was committed. (4) The facts constituting reasonable cause. (5) The number or section of the code or ordinance violated. (6) The name and authority of the code enforcement officer. (7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation. (8) The applicable civil penalty if the person elects not to contest the citation. (9) The applicable civil penalty if the person elects to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he shall be deemed to http://libraryI.municode.com/mcc/DocView/I9985/l/67/70 2/27/2007 ARTICLE III. CODE ENFORCEMENT CITATION PROCEDURE Page 7 of 7 have waived his right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty. (Code 1973, § 18-89; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-81. Disposition of citations and civil penalties. (a) After issuing a citation to an alleged violator, the code enforcement officer shall: (1) Deposit the original citation and one copy of the citation with the clerk of the county court; (2) Provide the alleged violator with one copy; (3) Deposit one copy with city clerk; and (4) Retain one copy in the code enforcement officer's department file. (b) All civil penalties received by the county court from violators of city codes or ordinances shall be paid into the general fund of the city in the penalty and fine account. All court costs shall be retained by the clerk of the circuit court. (Code 1973, § 18-90; Ord. No. 3098, § 1, 3-9-1992) Sec. 26-82. Provisions supplemental. It is the legislative intent of this article to provide an additional and supplemental means of obtaining compliance with city codes and ordinances. Nothing contained in this article shall prohibit the city from enforcing its codes or ordinances by any other means. (Code 1973, § 18-91; Ord. No. 3098, § 1, 3-9-1992) http://libraryl.municode.com/mcc/DocView/19985/l/67/70 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES J ARTICLE IV. CHRONIC NUISANCE PREMISES Sec. 78-115. Legislative findings and intent. Page 1 of 6 (a) The city commission finds that any premises that has generated more than the calls for police service or code enforcement responses for nuisance activities found in section 78-117, (monthly allowance), has received more than the level of general and adequate police service and code enforcement activity and has placed an undue and inappropriate burden on the taxpayers of the city. The city commission, therefore, directs the city manager, or designee, to charge the owners of such premises at which nuisance activities chronically occur. (b) The above recitals are hereby adopted as legislative findings. (c) It is the intent of the city commission to encourage the appropriate management of residential rental properties, to ensure that rental properties are maintained in a high-quality manner as required of all residential properties and to ensure that residential rental properties are maintained with the care necessary to ensure code compliance as evident in the vast majority of owner -occupied residences located within the city. (d) The recitals (whereas clauses) to Ordinance No. 3947, from which this article is derived constitute additional legislative intent and findings of the city commission relative to the enactment of this article. (Ord. No. 3947, § 2, 7-25-2005) Sec. 78-116. Definitions. As used in this article, the following terms shall have the following meanings, unless the context clearly indicates that a different meaning is intended and the definitions set forth in F.S. §§ 509.242 and 320.01(2)(b), shall apply to the interpretation of section 78-123 of this article as shall the terms defined otherwise in the land development regulations of the city. Absentee owner means an owner of residential rental property who does not live within the jurisdictional limits of Seminole County, Florida and counties abutting Seminole County. City means the City of Sanford, Florida. Consumption of law enforcement services means the presence of one or more certified law enforcement officer(s) or code enforcement officer(s) employed by the city on a unit of real property in response to an activity or condition existing or alleged to be existing upon the property resulting from a response other than at the convenience of the city police department or the city code enforcement office. The presence may be caused by the request of any person upon the property or information developed by the city police department or the city codeenforcement office from any source warranting a response to the property. Excluded from this definition are courtesy inspections, criminal investigations of matters not arising from or connected with the property and paid off-duty details of police officers. Incident of service means 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 Sheriffs Communication Center's computer aided dispatch system or a written report of a police officer or code enforcement officer which sets forth the time the officers were present upon the property. Responses caused by false reports of nuisance activity initiated by third parties with the intent of harassing theunit of property, or for criminal activity that commences elsewhere and subsequently comes upon a unit of property despite reasonable efforts of persons responsible for the unit of property to exclude it, will not constitute an incident of service. http://library l .municode.com/mcc/DocView/19985/ 1 / 145/ 151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 2 of 6 Unit of real property means any contiguous lands within the city which are under common ownership or are devoted to a single use, whichever is greater. Common ownership shall include all entities from which the same natural or fictitious person or people have ultimate benefit. Contiguous land shall include those separated by easements, sidewalks, alleys, right-of-ways and water bodies. Monthly period means any consecutive 30 -day period. Nuisance activity means any activity, behavior or conduct whenever engaged in by premises owners, operators, occupants or persons associated with a premises that could be enforced by means of a proceeding before the city's code enforcement board, through citation as set forth in this Code, through nuisance abatement, or relating to any actions or offenses relating to the following subject matter: (1) Firearms and weapons; (2) False alarms; (3) Harassment of a neighbor, disorderly conduct, or disturbing the peace; (4) Battery, substantial battery or aggravated battery; (5) Indecent exposure; (6) Keeping a place of prostitution, or otherwise using the premises for the purpose of prostitution; (7) Littering, solid waste or public health; (8) Arson; (9) Possession, manufacture or delivery of a controlled or illegal substance or related offenses; (10) Gambling; (11) Animal or fowl; (12) Trespass to land or criminal trespass to a dwelling; (13) Production or creation of excessive noise or vibration; (14) Loitering; (15) Public drinking and other matters relating to alcoholic beverages; (16) Intoxicating beverages; (17) Unpermitted or illegal business; (18) Selling or giving away tobacco products to underage persons; (19) Illegal sale, discharge and use of fireworks; (20) Junk vehicles; (21) Action deemed a nuisance under state law; (22) Any action that is a violation of this Code which could be enforced by the provisions of this Code implementing the provisions of F.S. ch. 162; (23) Act of aiding and abetting of the activities, behaviors or conduct enumerated in this article; or (24) Conspiracy to commit or attempt to commit any of the activities, behaviors or conduct enumerated in this article. Person associated with means any person who, whenever engaged in a nuisance activity, http://libraryl.municode.com/mcc/DocView/19985/l/145/151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 3 of 6 enters, patronizes, visits or attempts to enter, patronize or visit, or waits to enter, patronize or visit, a premises or person present on a premises including, but not limited to, any officer, director, customer, agent, employee or independent contractor of a premises owner. (Ord. No. 3947, § 3, 7-25-2005) Sec. 78-117. Monthly allowance of services; user charges; service fees imposed. (a) The city commission has determined that the following number of service calls is a reasonable and permittable number of nuisance activities calls for city law enforcement and/or code enforcement personnel to respond to on a monthly basis: TABLE INSET: Type of Property 30 -Day Period Allowance Single-family resident or duplex.......... 3 calls Multi -family residences, including: Apartments; hotels; motels.......... 3 calls Businesses.......... 3 calls (b) The city commission has determined that nuisance activity calls in excess of the monthly allowance of nuisance activity calls as set forth in this article shall be subject to a reasonable user charge/service fee as set forth in this section. (c) No user fee shall be charged for the first three calls for service pertaining to a nuisance activity in a 30 -day period. (d) The fourth call for service pertaining to a nuisance activity in a 30 -day period shall result in a $250.00 service fee being charged to the owner of the property on which the nuisance activity has occurred. (e) The fifth call for service pertaining to a nuisance activity in a 30 -day period, and every call thereafter within said 30 -day period, shall result in a $500.00 service fee being charged to the owner of the property on which the nuisance activity has occurred. (Ord. No. 3947, § 4, 7-25-2005) Sec. 78-118. Notification of the nuisance activity procedures. Whenever the city manager, or his or her designee, determines that more than the monthly allowed services for nuisance activities could occur or have occurred at a premises during a 30 -day period, the city manager, or his or her designee, may notify the premises owner and the person causing the nuisance activity, if they reside at the premises and is not the owner, in writing, that the premises is in danger of becoming or has became a chronic nuisance. This notice shall be deemed to be properly delivered ifsent either by certified U.S. Mail, return receipt requested, to the premises owner(s) last known address or if delivered in person to the premises owner. If the premises owner cannot be located, the notice shall be deemed to be properly served on any person as may be permitted by F.S. ch. 48. If a current address cannot be located, it shall be deemed sufficient if a copy of the notice is sent by certified U.S. Mail, return receipt requested, to the last known address of the owner as identified by the records of the county property appraiser. Additionally, the notice may be perfected, if posted or published in accordance with the provisions of F.S. § 162.12, or its successor provision. The notice shall contain: (1) The street address or legal description sufficient for identification of the premises which shall be sufficient if the tax parcel identification number assigned by the county http://libraryl.municode.com/mcc/DocView/19985/l/145/151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 4 of 6 property appraiser is used; (2) A description of the nuisance activities that have occurred at the premises and a statement indicating that a service fee will be or is being assessed against the owner of the premises; (3) A notice of the premises owner(s) right to appeal pursuant to this article; (4) A statement that the premises owner shall, within ten days of the date of the notice, respond to the city manager, or his designee, either in person or writing, with a request for an appeal. (Ord. No. 3947, § 5, 7-25-2005) Sec. 78-119. Filing of liens. The city may file a notice of lien in the public records of the county with regard to the costs of the city incurred pursuant to this article. Upon failure of the premises owner to pay the costs incurred by the city, after a demand for payment being made by the city, the lien may be recorded. (Ord. No. 3947, § 6, 7-25-2005) Sec. 78-120. Utility services. Should the city determine that the use of city water and/or wastewater utility services facilitates, contributes to or exacerbates a nuisance activity, the city may, consistent with any controlling provisions of state law, terminate the provision of such utility services to the property on which the nuisance activity is occurring. (Ord. No. 3947, § 7, 7-25-2005) Sec. 78-121. Exemptions. (a) A property owner may apply for and be exempt from assessment of the user charge/service fee assessed in this article and the provisions of sections 78-117--78-120 of this article by accomplishing the actions required in subsection (b)of this section. (b) The following property owners shall be exempt from assessment of the user charge/service fee assessed in this article and the provisions of sections 78-117--78-120 of this article upon approval by the city manager: (1) Multifamily residences, apartments, hotels, motels and businesses who employ off- duty law enforcement officers who provide for additional security for their premises. (2) Multifamily residences, apartments, hotels and motels which provide for a law enforcement officer to live on the premises in order to provide for additional security for their premises. (Ord. No. 3947, § 8, 7-25-2005) Sec. 78-122. Appeals. Determinations of the city manager shall be final; provided, however, that if the city adopts a hearing officer/special magistrate system, an appeal may be filed with the hearing officer/special magistrate whose decision shall be final. An appeal must be filed within ten calendar days from the date http://libraryl.municode.com/mcc/DocView/19985/l/145/151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 5 of 6 of the decision appealed. IV (Ord. No. 3947, § 9, 7-25-2005) Sec. 78-123. Local representation designation for residential rental properties owned by absentee owners; inspections. (a) This section of this article shall be applicable to the rental of residential properties, but shall not apply to hotels, motels, roominghouses, resort dwellings, and bed and breakfast inn. (b) In the event that an owner of residential rental property is an absentee owner, the said absentee owner shall provide the name, address and telephone number(s) and other available contact information pertaining to an authorized local designated representative who conducts business within Seminole County, Florida and any county abutting Seminole County. Said local representative shall be appointed in accordance with this article within 60 days of the effective date of this article. (c) Each local designated representative of an absentee owner shall maintain a current working local telephone number and current local address, not a public or private post office box, and provide notification thereof of any changes of address, physical location and/or telephone number to the city within 30 days of the change. (d) In the event of any code enforcement action being taken relative to the residential rental property, in addition to any notices as required by state law, the local designated representative shall also be notified; provided, however, that failure to provide such notice shall not preclude the enforcement of the city's codes and ordinances by the city's code enforcement board if the notice requirements of F.S. ch. 162 have been met. (e) The designation of a local designated representative shall be deemed to act as authorization for the representative to make statements on behalf of the owner during the course of any code enforcement proceeding if the representative is not precluded from so acting under the provisions of controlling state law. (f) Upon designation of a local representative either the absentee owner or the local designated representative shall pay a fee as established by resolution adopted by the city commission. (g) External inspections of rental residential properties subject to this article shall occur based upon complaints, or as initiated by code inspectors. (h) Internal inspections by the city shall occur based upon complaints or as initiated by code inspectors to ensure that such properties are in compliance with the provisions of all applicable codes and ordinances; provided, however, that this provision shall not be interpreted as authorizing the city to conduct inspections of properties without the consent of the owner or occupant or without an administrative inspection warrant. (Ord. No. 3947, § 10, 7-25-2005) Sec. 78-124. Reports; administrative rules. (a) The city manager, in conjunction with the city police chief, shall provide an annual report to the city commission apprising the city commission of the success of the programs set forth in this article and any matters relating thereto. (b) The city manager is hereby authorized to promulgate administrative rules to implement the provisions of this article to include, but not be limited to, the assessment of fees for applications and appeals as set forth in this article. Rules adopted by the city manager shall be provided to http://libraryI.municode.com/mcc/DocView/l9985/l/145/151 2/27/2007 ARTICLE IV. CHRONIC NUISANCE PREMISES Page 6 of 6 the city commission upon adoption. (Ord. No. 3947, § 11, 7-25-2005) http://libraryl.municode.com/mcc/DocView/19985/l/145/151 2/27/2007 ORDINANCE NO. 03-2007 AN ORDINANCE OF THE CITY COUNCIL OF THl CAPE CANAVERAL, BREVARD COUNTY, AMENDING CHAPTER 102. VEGETATION, OF THE CAPE CANAVERAL 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. 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 Florida Constitution, Article II, Section 7, provides "it shall be the policy of the State to conserve and protect natural resources and scenic beauty;" and WHEREAS, the City Council is committed to preserving, enhancing, and creating green area within the City and by assuring the preservation of existing trees on public and private property and taking steps to require maintenance of existing and installation of new trees within the City; and WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution by removing particles such as dust and pollen, increase oxygen production, slow surface water run off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and provide other environmental benefits; and WHEREAS, the City Council recognizes that trees sometimes become infected with disease that may substantially decrease the viability of the trees; and WHEREAS, despite being infected with certain tree disease, some diseased trees may remain viable for a period of years and in some cases, decades; and WHEREAS, the City Council desires to provide an express definition for the term "diseased tree" in its City Code in order to establish clear guidelines to citizens and city staff with regard to permitting and removal of diseased trees; 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 City of Cape Canaveral Ordinance No. 03-2007 Page 1 of 4 Draft February 21, 2007 Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 102, Vegetation, ofthe 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 102. It is intended that the text in Chapter 102 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 102. VEGETATION ARTICLE II. TREE PROTECTION DIVISION 2. LAND CLEARING Sec. 102-36. Definitions. The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * x Diseased tree 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 tree will remain living and viable for a period of more than three (3) years or the tree causes other imminent 12eril to viable trees, existing structures or persons in the vicinity of the diseased tree Any claim that a tree is diseased for purposes of obtaining a land clearing permit pursuant to the requirements of this division shall be certified in writing by a licensed arborist or other qualified tree expert deemed City of Cape Canaveral Ordinance No. 03-2007 Page 2 of 4 Draft February 21, 2007 acceptable by the city, and shall be considered by the city in issume any suchpermit. 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. (adoption and signatures on next page) City of Cape Canaveral Ordinance No. 03-2007 Page 3 of 4 Draft February 21, 2007 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2007. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor Bob Hoog For Against Leo Nicholas Buzz Petsos Rocky Randels C. Shannon Roberts City of Cape Canaveral Ordinance No. 03-2007 Page 4 of 4