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HomeMy WebLinkAboutPacket 12-19-2006 RegularCALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA: y of Cape Canaveral REGULAR MEETING IALL ANNEX Cape Canaveral, Florida JESDAY fiber 19, 2006 7:00 PM AGENDA City Council Regular Meeting Minutes of December 5, 2006. 2. Inmate Labor Contract with the Florida Department of Corrections. CONSIDERATIONS: 3. Motion to Approve: Request for Release of Lien Per Section 2-260(e), Paul Jindra, 605 Shorewood Drive, Unit E503. 4. Motion to Approve: Little League Field Improvements. ORDINANCES: First Public Hearing: 5. Motion to Approve: Ordinance No. 22-2006; An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 110, Zoning, of the Code of Ordinances; Amending the R-1, R-2, and R-3 Zoning Districts to Make Public Recreational Areas and Facilities Principle Uses; Repealing those Subsections in the R-1, R-2 and R-3 Zoning Districts 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com gape Canaveral, Florida iiuncil Regular Meeting tuber 19, 2006 age2of3 Which Provide that Public Recreational Areas and Facilities May be Permitted by Special Exception; Amending the R-1, R-2, R-3, C-1, M-1 and C-2 Zoning Districts to Make Public Utility Equipment, Uses and Rights -Of -Way Principle uses when Such Uses are Essential to the Neighborhood in which they are Located; Repealing those Subsections in the R-1, R-2, R-3, C-1, M-1 and C-2 Zoning Districts which Provide that Public Utility Equipment, Uses and Rights -of -Way May be Permitted by Special Exception; Providing for Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at First Reading. 6. Motion to Adopt: Ordinance No. 23-2006; An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances, Providing that Establishments which Require a Special Exception to Serve Alcoholic Beverages May not be Permitted to Locate within Three Hundred (300) Feet of the Shoreline of the Banana River or of the Atlantic Coast; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at First Reading. 7. Motion to Adopt: Ordinance No. 242006; An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 110, Zoning of the Cape Canaveral code of Ordinances; Repealing the Phrase "Hotels and Motels" from Section 110-336(1)a to Make Section 110-336 Consistent with Other Provisions of the City Code Regarding Hotels and Motels; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporations into the Code; Severability; and an Effective Date, at First Reading. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the °Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. �-Cape Canaveral, Florida ouncil Regular Meeting nber19,2006 3of3 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 COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY December 5, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Leo Nicholas Council Member Buzz Petsos Mayor Rocky Randels Council Member Shannon Roberts Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Building Official Todd Morley Public Works Director Ed Gardulski Stormwater Administrator Jeff Ratliff PRESENTATION: Ridgewood Avenue Beautification Project 30% Design Review Mayor Randels stated the completion of the 30 percent design task for the Ridgewood Avenue project and Mr. Brad Smith of Brad Smith and Associates would provide a status report. Mr. Smith explained how the 30 percent design was merged with the approved preliminary plans. He noted that Stottler Stagg and Associates survey identified the actual property description and validated the overall concept. Mr. Smith noted no changes in direction. He stated that a detailed planting and irrigation designs were forthcoming as well as site lighting drawings. Mr. Smith responded to Ms. Roberts that the lighting was sea turtle friendly. He stated that the comments from the Beautification Board would be incorporated from the 30 percent into the next project phase. Mr. Smith replied to Mr. Petsos that the firm would work with the City manager and staff to post drawings to the City's web site. He expressed the hope of a more linear communication process from this City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 2 of 13 point. However, if there were the possibility of a minimal substitution on the project, a change was possible. Mr. Smith noted that any drastic changes would change the project parameters of fee structure and work effort. Mr. Smith responded to Mayor Pro Tem Hoog that the firm was seeking decorative concrete to deter any ongoing maintenance problems. Mayor Pro Tem Hoog expressed favor with the brick pavers installed in the Downtown Cocoa Village area. Mr. Nicholas clarified that they used a concrete product made to resemble brick. Mr. Smith took note to provide research on Mayor Pro Tem Hoog's request. Mr. Smith explained for Mayor Randels that a roadway table was a non -jarring, incline for pedestrian safety such as was used at the Avenues at Viera. He affirmed for Mayor Randels that the 8 -foot asphalt jogging path as well as five bus shelters would remain. Mr. Bill Campbell, of 8700 Ridgewood Avenue, questioned the project's exact location. Discussion continued on Cocoa Beach's intent to a similar project. Mr. Smith informed that his firm was also the consulting team for Cocoa Beach's beautification efforts. The Chair proceeded to Items 13 and 14 of the Agenda based on Council's favor with the 30 percent project. 13. Motion to Approve: Ridgewood Avenue Beautification Project — Final Construction Documents Phase in the Amount of $46,175. Ms. Roberts stated her observation that the residents in the North Atlantic Avenue area anticipated a landscape design similar to what was being done on Ridgewood Avenue. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Ridgewood Avenue Beautification Project — Final Construction Documents Phase in the Amount of $46,175. 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. 14. Motion to Approve: Ridgewood Avenue Beautification Project — Change Orders 1-3 Totaling $15,677.50. Mayor Randels explained how this change order would extend the project two blocks north of Chandler on Ridgewood Avenue. Mayor Pro Tem Hoog questioned if there were an estimated cost of survey work. Mr. Smith replied that the cost would appear separately from Stottler, Stagg and Associates. Mr. Boucher reported a cost of $4,750 and affirmed that it was in addition of the change orders in discussion. Mayor Randels clarified that the survey should be inclusive of one block south of Johnson to Grant Avenue, not Hayes Avenue. He also noted the project location from Chandler Avenue to Central Blvd. Mr. Petsos pointed out that much of the survey work was performed during the Reuse Project. Mr. Boucher informed that he could authorize expenditures up to $5,000. Council requested to approve the amount prior to the expenditure. City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 3 of 13 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Nicholas to Approve the Ridgewood Avenue Beautification Project — Change Orders 1-3 Totaling $15,677.50. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of November 21, 2006. 2. Resolution No. 2006-49; Reappointing a Regular Member to the Construction Board of Adjustment and Appeals. (Thomas Quinn). 3. Resolution No. 2006-50; Appointing a Regular Member to the Business & Cultural Development Board (Joanne Muncey). 4. Inmate Labor Contract with the Florida Department of Corrections. 5. Outdoor Entertainment Permit for Eleventh Annual Reindeer 5K Run/Walk for United Way of Brevard County. 6. Approval of Employee Christmas Bonus. 7. Proposal for Concrete Repair Work in the Amount of $10,750 by Mudrak Engineering and Construction. 8. Amendment to the Collective Bargaining Agreement with the International Union of Operating Engineers Local 673 (AFL-CIO). Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. Mayor Pro Tem Hoog requested to remove Item No. 4 for discussion. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Consent Agenda Items No. 1, 2, 3, 5, 6, 7 and 8. 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. 4. Inmate Labor Contract with the Florida Department of Corrections. Mayor Pro Tem Hoog questioned the $5,500 increase over last year's contract. Mr. Boucher explained that the cost increased by the law enforcement officer's salary, benefits, training, uniforms and technology used. Mayor Randels clarified that the actual cost increase was $3,400. Mayor Pro Tem Hoog stated that there was no cost City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 4 of 13 comparison provided on the difference from the previous year's contract. Council requested that Mr. Gardulski provide more information on the reason for the increase. ORDINANCES: Second Public Hearing: 9. Motion to Adopt: Ordinance No. 19-2006, at Second Reading. Mayor Randels read Ordinance No. 19-2006 by title. An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 110, Zoning, of the Code of Ordinances; Clarifying the Intent of the R-1, R-2 and R-3 Residential Zoning Districts; Defining the Term "Transient Commercial Use;" Prohibiting Transient Commercial Uses in the R-1, R-2 and R-3 Residential Zoning Districts for Single Family Dwellings or Multiple Family Dwellings with Four (4) or Less Units for Periods of Less than Ninety (90) Consecutive Calendar Days; Establishing a Grandfathering Provision for Certain Transient Commercial Uses in Residential Zoning Districts Based on Certain Existing License and Tax Factors Specifically Enumerated Herein and Whether Such Use Was in Existence on November 21, 2006; Making Conforming and Miscellaneous Amendments to Chapter 110, Zoning; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation Into the Code; Severability; and an Effective Date. Mayor Pro Tem Hoog requested to table the item for further discussion between the Council and the Planning and Zoning Board. Mr. Petsos asked for clarification from the City Attorney on the provision of an effective date of November 21St to obtain licensing. Attorney Garganese advised that the longer the Council extended from the November 21St date, they would need to revisit the subject. Mr. Petsos reminded that the City Clerk would schedule a workshop meeting some time in January for the Council and the Planning and Zoning Board. Mayor Pro Tem Hoog stated that uncertainties still remained on Council's intent with the ordinance. Mr. Petsos stated that much misinformation was distributed and it was important for the residents to know that the Council was discussing a direction from a residential community to a resort town. Mr. Nicholas expressed that discussion had been ongoing for over a year. Ms. Roberts concurred with the motion to table based on feedback from the community. She expressed that the City's direction was a concern. Ms. Roberts asked the City Attorney if a Second Reading would be necessary should discussion continue into the month of February. Attorney Garganese explained that if the Council chose to impose a moratorium he could prepare one for the first Council meeting in January. Mr. Nicholas clarified that Council had previously discussed a workshop meeting with the Planning and Zoning Board to establish Performance Standards for Homeowners. Mayor Pro Tem Hoog stated that he hoped to obtain extensive legal advice before proceeding with the ordinance. He related that he was in favor of regulation and referred to a nuisance ordinance that existed in Daytona Beach. Mr. Petsos expressed City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 5 of 13 the similarity of using amortization schedule such as was done with the sign ordinance. Mayor Randels stated that he did not choose to vote for the ordinance without further discussion. Ms. Roberts pointed out two aspects that the community brought to her attention: 1) the need for better communication for those residents who were not present in the community during Council's discussion, and 2) to survey the community to discover the predominate concerns. Attorney Garganese pointed out of the need to re -advertise the ordinance when the Council decided to remove the subject from the table. He stated that if there were significant changes, Council would need to provide a First Public Hearing again. A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to Table Ordinance No. 19-2006. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, Against; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 10. Motion to Adopt: Ordinance No. 20-2006, at Second Reading. Mayor Randels read Ordinance No. 20-2006 by title. An Ordinance of the City of Cape Canaveral, Florida; Amending Chapter 86, Concurrency Management System; Establishing Article II of Chapter 86, Implementing a Proportionate Fair Share Mitigation Program Related to Transportation Facility Impacts Pursuant to the Requirements of Florida Law; Making Conforming and Miscellaneous Amendments; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date. Mayor Randels explained that the ordinance originated through Florida Statutes Chapter 163 that would provide funding through a proportional fair share to install necessary roads. Ms. Roberts referred to page four of Section 84 and she questioned the implication of an Interlocal Agreement. Todd Peetz, City Planner, explained that the Port, which is a separate entity, could voluntarily enter into an Agreement with the City on transportation issues; however they are not required to do so. Mr. Peetz replied that Cape Canaveral adopted the Florida Department of Transportation's model and all municipalities were required to adopt an ordinance. There was no public comment. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 20-2006 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. 11. Motion to Adopt: Ordinance No. 21-2006, at Second Reading. An Ordinance of the City of Cape Canaveral, Florida; Adopting Amendments to the Annual General Fund, Sewer Enterprise Fund, Stormwater Utility Fund, Special City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 6 of 13 Revenue Funds and Expendable Trust Fund Budgets for the Fiscal Year Ending 09/30/06. Andrea Bowers, City Treasurer, explained that the ordinance solidified all previous quarterly transfers and material changes up to this point. She noted very little change in the last quarter. Ms. Bowers reported that the aerial truck loan from the General Fund was paid off during the year and trade-in cost carried over to the new truck. Mayor Pro Tem Hoog stated how impact fees were not adequate for the vehicle purchase. Ms. Bowers explained to Ms. Roberts that the Building Official reviewed the trend in building permits to provide the data and building permits applications declined. She stated that building permit projections were more conservative for the upcoming year. Ms. Bowers concluded that Council has historically been fiscally responsible to the taxpayers. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to Adopt Ordinance No. 21-2006 at second reading. The vote on the motion carried with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. CONSIDERATIONS: 12. Motion to Approve: Center Street Gazebo Project in the Amount of $30,447 by Southern Park and Play Systems, Inc. Mr. Gardulski explained that the Beautification Board proposed a gazebo for the Center Street Park. He proceeded to gather data from the firm that Ms. Hanson used for other City parks. Mr. Gardulski informed that he had not yet received pricing for concrete but estimated $2,000. He estimated around $30,000 as a total cost. Mr. Gardulski provided the Council with a color rendition of the proposed gazebo. He informed that the Beautification Board favored hexagon (six -sided) over the octagon (eight -sided). Mr. Gardulski replied to Ms. Roberts that there were two existing benches at the location and the smallest size gazebo was 16 -feet. Council briefly discussed the various models and requested built-in seating. Mr. Petsos pointed out the number of private property signs that might lead to the public perception that the park is private. He requested a City park sign. John Pekar, City Engineer, suggested seeking grant funds for stormwater education signage. Ms. Roberts suggested a sign on State Road A1A directing traffic to the park. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Center Street Gazebo Project in the Amount Not to Exceed $30,447 by Southern Park and Play System, Inc. 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 December 5, 2006 Page 7 of 13 15. Motion to Approve: Proposal from UCF — Institute for Social and Behavioral Sciences, Department of Sociology to Conduct a Business Survey in the Amount not to Exceed $8,000. Mayor Randels noted that this Survey would follow the previously performed resident survey. Mayor Pro Tem Hoog expressed the benefit of knowing the local business person's concerns. Ms. Roberts asked if the Board would address business categories, such as home based, retail or restaurants, for a quantitative approach. John Anderson, Business and Cultural Development Board Chairperson, affirmed and stated that the businesses in the community provide multiple benefits through employment, tax revenues and services. He stated that the Board's objective was to create a local businesses profile. Mr. Anderson stated that the Board was also interested in finding out if businesses intended to expand or if new businesses planned to establish in the community. He responded to Ms. Roberts that newspaper publicity and the City web site would provide for notification of the survey to the businesses. He also replied that the survey feedback would provide timely information toward the upcoming Comprehensive Plan review. Mr. Nicholas expressed his anticipation of seeing other businesses in the City. He pointed out that the local strip malls provided a place for smaller retail shops. Mr. Anderson expressed the Board's intent to cross -populate the results of this survey with the previous residential survey. He stated that some previously uncounted persons may be identified and would provide additional information. Mr. Nicholas stated that the City has a number of home-based businesses and expressed the desire to have their information added to the survey. A motion was made by Ms. Roberts and seconded by Mayor Pro Tem Hoog to Approve the Proposal from University of Central Florida — Institute for Social and Behavioral Sciences, Department of Sociology to Conduct a Business Survey in the Amount not to Exceed $8,000 The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. 16. Motion to Approve: Annual Evaluation of Waste Management. Mr. George Geletko General Manager of Waste Management reviewed the City Manager's Evaluation of the firm and stated the following: a direct mailing was sent to each resident; however he noticed that the material that was given along with the containers was deposited in the trash. He noted for future reference that the "Common Sense Tips" and the dates of service would be listed on the containers. Mr. Geletko informed that 3,000- 4,000, 64 -gallon carts were purchased; however, they were distributed quickly. He noted that additional 64 -gallon carts would be available by January 21 st. City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 8 of 13 Mr. Geletko replied to Mr. Nicholas that there were 5,000, 96 -gallon carts left after county- wide distribution. Mr. Nicholas stated that he attempted to obtain a 64 -gallon cart for six months since the 96 -gallon container distribution. Mr. Geletko said that in the future the townhomes would receive one 64- and one 96 -gallon container. He stated that the company received many calls that two 96 -gallon carts were too large. Mr. Nicholas stated his disapproval with the cart system. He related that he received feedback that the trucks were still performing a manual operation. Mr. Terrence Youmans, District Manager, stated that two side -load trucks would begin pick-ups in the future. Mr. Geletko stated that when people call for pick-ups, service occurs within 72 -hours. Mr. Nicholas concluded that residents need clarity on the pick-up schedule. Mayor Randels stated that much of the problem originated from the residents in not understanding how to apply the schedule. Mr. Geletko informed that the company planned to perform a survey in February. He noted that the company received a 33 percent return in his most recent survey. Mr. Geletko stated that he believed that 91 percent of the respondents endorse the program. Mr. Nicholas noted that it was one year or more since a dumpster enclosure was repaired. Mr. Geletko asked for the contact information to personally address the problem. Mr. Youmans stated that the program was new however the firm worked well with the City staff, re -optimized its logistics and routes, and utilized its staff to address complaints and was committed to a 24-hour turnaround to address complaints. Mr. Youmans explained the company mission as safety first, service and meeting people's needs. He informed that one of the two new vehicles would service the area. Mayor Randels noted inferior wheels on the carts. Mr. Geletko replied that the drivers carry extra wheels to make repairs during their pick-ups. Mayor Pro Tem Hoog expressed to see the company make pick-ups of items left behind for several days. Mr. Youmans explained how the driver creates an internal ticket to address any debris left behind. He informed that Mr. Darius Jones, Managing Supervisor, was primarily responsible for any issues from the dispatched internal ticket through to point of customer satisfaction. Mr. Petsos suggested that the firm re -submit its information on how to use the containers during its proposed survey in January. Mr. Geletko replied how most information was discarded and people still placed green waste at the sidewalk without a container. Mr. Petsos questioned the status on recycling using one bin. Mr. Geletko replied that it was merely a matter of configuring the equipment and expanded recycling could begin in January to include telephone books, magazine, food boxes and junk mail. Mr. Geletko informed that the full program would not reach that point until approximately 2010 in order to distribute the capital cost of approximately $57 million over four years. He also informed that the new trucks would replace the older vehicles. Mr. Geletko affirmed for Mayor Randels that no rate increase would occur. Jeff Ratliff, Stormwater Administrator, City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 9 of 13 requested that the company be cognizant of the stormwater inlets that were costly to replace and recommended that the drivers make a wider turn. Ms. Roberts referred to the truck leaking hydraulic fuel. Mr. Youmans replied that the truck in question was removed from primary route collection. Mr. Bill Campbell noted that on Ridgewood Avenue there was minimal turnaround access that required the driver to back up and subsequently run over the storm drains. Mr. Boucher stated that after months of public education the process was gaining momentum and the concern calls were diminishing. He concluded that he has seen the cart program's improvement. Mr. Geletko replied that he appreciated the City Manger's feedback to the Corporate Survey and the information reached David Steiner, Waste Management's Chief Executive Officer. Mr. Geletko informed that the driver's appreciated the side -load trucks that prevent a significant amount of injury and also provide incentive for new recruits. Mayor Pro Tem Hoog commented that the service has improved; however, there were dumpster driver's who speed on the Presidential streets and also on some drivers enter the City before 6 A.M. No action was taken on this item. 17. Motion to Approve: Change Order Request for the Preliminary Design of the Buchanan/Orange Avenues Drainage Project in the Amount of $8,500. Jeff Ratliff, Stormwater Administrator, informed of a miscalculation and addressed the validity of the request. The City Engineer was present for any technical questions. Mr. Ratliff stated that the City's Engineers completed the construction drawings for the Orange and Buchanan Avenues intersection at the cost of $7,924. Mr. Ratliff stated further that the project was expanded to an entire City block. Mr. Ratliff stated further that he was seeking a total of $16,424; however, the $7,924 was already completed in Task Four. He explained that the original project that was inclusive of Orange and Buchanan Avenues; however, the project was extended to include Orange to Lincoln Avenues. He clarified that the drainage box was located at Buchanan Avenue. Mr. Ratliff stated that the City Engineer had some new ideas to address the inlets at Lincoln Avenue. John Pekar, City Engineer, explained that two drainage situations existed. He stated that first, four culverts conflicted each other, created turbulence and created head loss at the Buchanan outfall and reduced the capacity to the downstream pipe. Second, he pointed out the limited capacity at the two inlets at one to two cubic feet per second (cfs). He stated that the new boxes would meet 7 to 10 cfs. Mr. Pekar explained how even a small storm would create problems. He explained the plan to install larger boxes, remove the turbulence, create larger culverts, and change the inlet boxes to reduce the flow to 42 and direct the flow to the baffle boxes. Mr. Pekar explained how the system drains from State Road A1A. He informed that the project was funded through Brevard County. Mr. Nicholas stated that the system was installed in the mid- 1960's and he questioned if there were other drainage problems as well. Mr. Pekar affirmed that there were many City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 10 of 13 older lines throughout the City that would be identified through the Geographical Photographic System. Mr. Pekar replied that due to the smaller line culverts, slip -lining was not feasible. He stated that the City standard was a 10 -year design for storms, for example, a 10 -year year frequency for a 24-hour storm which equates to a 7.9 inch storm. Mr. Ratliff stated that the system in the Presidential streets, built in the early 1960's had little problem with flooding. He commented on the intent to televise many lines to identify potential problems. Mr. Pekar stated that a proactive measure toward water quality helped to divert tons of pollutants from the Banana River through the program. He responded to Mayor Randels that the rain water would not meet at the drainage points at the same time. Mr. Ratliff noted that Council did not approve the previous cost of $7,924 for Task IV. He explained that there were two funding mechanisms: a Community Development Block Grant (CDBG) available now and a Federal Emergency Management Act funds, however availability was unknown. Mayor Randels clarified that the FEMA funding, estimated at $193,000, would cover 75 percent of the project. Mayor Pro Tem Hoog questioned a two Phase project and securing funds with no project timeline. Mr. Gardulski replied that Brevard County was bidding the CDBG portion of Buchanan and Orange Avenues project. Mr. Gardulski replied that the engineering drawings were necessary to obtain the CDBG and for the FEMA grant. Mayor Randels clarified that the CDBG of $100,000 was awarded; however the FEMA grant was conditional and suggested completing the project and then seeking the FEMA grant. Mr. Ratliff informed that FEMA would not supply funding for a completed project. Mr. Petsos suggested notifying FEMA that the design was in progress. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Approve the Change Order Request for the Preliminary Design of the Buchanan/Orange Avenues Drainage Project in the Amount of $8,500. 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. 18. Motion to Approve: Proposal to Update the Redevelopment Plan by Miller Legg in the Amount of $6,935. Mr. Boucher stated that the request needed fund appropriation. Todd Peetz, City Planner, informed that the Redevelopment Plan was last done in 1999 and should be performed to keep the Redevelopment Plan current. Mr. Petsos asked if the Board could perform the Plan after the Business Survey. Mr. Peetz stated that the existing conditions could be performed now and complete the Goals after receiving the Survey results. One of the Business and Cultural Development Board's goals was to include the Redevelopment Plan information in the Planning and Zoning Board's Evaluation and Appraisal Report. Mr. Peetz noted that any evolving changes could be added. Ms. Roberts stated that the Council would benefit from seeing the Business and Cultural Development Board's earliest revised efforts. Mr. Peetz related that the new Redevelopment document stated more definitive goals and were not just guidelines. Mr. Anderson concluded that he did not choose to hold up the Evaluation and Appraisal Report for the Business Survey. City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 11 of 13 A motion was made by Ms. Roberts and seconded by Mr. Petsos to Approve the Proposal to Update the Redevelopment Plan by Miller Legg in the Amount of $6,935. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. REPORTS: 1. City Manager • Mr. Boucher reported on a breach in the upper decking of City Hall roof above the Finance Department that caused a major leak. The structural engineer requested to be on site when the roofing membrane is removed to identify the extent of the damage. Mr. Petsos recommended an infrared inspection to identify the extent of water absorption. The Building Official agreed on the benefit of an infrared inspection. Mr. Morley pointed out that there were three bids and he recommended Rick Callahan Roofing at a price of $19,500. The roofer would perform a torched down system. He explained that the City Hall roof would be pitched seven inches at one end and zero at the other to assist drainage. Mr. Morley noted that the air-conditioning would be elevated from the roof deck which was a code requirement. He explained further how the roofers would install a metal covering across the parapet walls. He stated that he was seeking a separate bid for the air-conditioning unit. He stated that the second bid was for $35,000, and a final verbal bid, a hydro -stop system of liquid applied epoxy with roofing mat fabric over that and three continuous successive coats of liquid epoxy over that, still using the pitch system, at $27,030. Mr. Morley and Mr. Gardulski affirmed that the roof was replaced ten years ago. Mr. Morley affirmed to Mayor Pro Tem Hoog that no mold was present in the duct work. Mr. Boucher reported that an environmental group performed mold remediation on all offices in 2004 after which the window sills were replaced. Mr. Boucher replied to Mr. Petsos that ServPro performed a moisture meter check. Mr. Morley replied to Ms. Roberts that the second bidder was from Cocoa, Florida and the third bidder was either from Orlando or Kissimmee. Mr. Morley estimated the air -conditional elevation cost at $3,000. Mr. Boucher assured Council that every precaution was taken to ensure employee safety and continued service. A motion by Mr. Petsos and seconded by Mr. Nicholas for an Add -On Item to the Agenda to Award the Bid to Replace the City Hall Roof. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For; Mayor Randels, For and Ms. Roberts, For. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Building Official's Recommendation for Rick Callahan Roofing to Replace the Roof on City Hall in the Amount of $19,500. The vote on the motion City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 12 of 13 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 asked if Mayor Pro Tem Hoog desired to attend the Brevard County School Board Summit at the Brevard County Extension Center on Friday, January 19th at the Agricultural Center. Mayor Pro Tem Hoog replied that he would attend unless someone else desired to attend. • Mr. Boucher announced that the Space Coast League of Cities Dinner for December would be held at the NCO Officer's Club on Monday, December 11tH The City's gift recipient would be the City of Cocoa. • Mr. Boucher asked if Council would be available for the meeting on December 19tH Council affirmed that they would hold a Council meeting on December 19th. • Mr. Boucher reported that 215 people were pre -registered for the Annual Reindeer Run on Saturday, December 9th at Cherie Down Park. Ms. McIntire provided press on the event through Lite Rock 99.3 F.M. • Mr. Boucher thanked staff for their assistance with the roofing issue 2. Staff Mr. Gardulski Mr. Gardulski reported that sea oats were ordered and should be delivered by February 10tH Mr. Gardulski also reported that the sand bypass would be ready this spring. Building Official • No report. City Treasurer • No report. City Clerk • No report. City Attorney • Attorney Garganese reported that a Response Brief was filed to the Tripple J Investments litigation. AUDIENCE TO BE HEARD: An audience member asked if a vote was taken on Item 16. For the record, no action was taken on this item. City of Cape Canaveral, Florida City Council Regular Meeting December 5, 2006 Page 13 of 13 3. City Council Ms. Roberts • Ms. Roberts thanked staff for their assistance with her City Council orientation process. Mr. Nicholas • Mr. Nicholas questioned the validity of breakfast being served at the Green Grocer on Saturday mornings. The Building Office would address this issue at Central Blvd. and North Atlantic avenue. Mr. Nicholas reported on a dumpster at 402 Adams Avenue but situated on Magnolia Avenue with an enclosure at an elevation that made the dumpster difficult to service. Mr. Morley confirmed that Code Enforcement was taking action on this issue. Mr. Petsos • Mr. Petsos requested the return of bicycle racks at the City's beach end streets. • Mr. Petsos reported that people are parking second vehicles on the newly installed sidewalks. The City Manager noted that this is an illegal action. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog requested action on the street light at International Drive. Mr. Gardulski confirmed that the light was reported and action would be taken. Mayor Randels • Mayor Randels acknowledged Mr. Petsos and Mayor Pro Tem Hoog as the new President and President-elect of the Cape Canaveral/ Port Canaveral Kiwanis Club. • Mayor Randels reported that the Friends of the Library netted $3,118 at their recent book sale. All remaining books were taken to the Sharpes prison. • Mayor Randels also reported that he spoke to Barbara Myers and there were State level grants available for sidewalks to accommodate pedestrians who walk to the schools. Ms. Myers would assist the City with this effort. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:04 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK Meeting Type: Regular Meeting Date: 12-19-06 AGENDA Heading Consent Item 2 No. salary. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RENEWAL OF INMATE LABOR CONTRACT WITH THE FLORIDA DEPARTMENT OF CORRECTIONS DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the inmate labor contract with the Florida Department of Corrections in the Amount of $55,777.00 as recommended by the Public Works Director. Summary Explanation & Background: This is a budgeted item, and I recommend approval. Last year's contract was in the amount of $52,330.00. The increase of $3,447.00 is the officer's salary. Exhibits Attached: Contract City Man r' fFc Department o 0 PUBLIC WORKS/BEAUTIFICATION cape- ydocu en s ad ouncil\me' 9A642-19-06\inmate.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works D rector DATE: December 12, 2006 SUBJECT: City Council Agenda Item for December 19th, 2006 Department of Correction Agreement Renewal In 2004, The City of Cape Canaveral entered into an agreement to utilize an inmate crew to ensure the availability of the work squad. Historically, the Public Works Department has utilized inmate crew when they are available. At a time of need, the inmate crew was not always available due to other commitments. As a cost saving endeavor, staff was able to establish an Agreement with the Department of Correction for a work squad. This agreement between the City and the Department of Correction will establish a Correction Works Squad Officer and a Work Squad of up to eight inmates. This Contract increases the resources of the City and establishes productive inmates for the State of Florida, hence a Win — Win Agreement. This is the third year for this Agreement. On December 5`h, 2006 City Council Meeting, City Council requested additional information in regards to the Officer's wage increase. Enclosed is a copy of the Legislative House Bill 5001, which authorized the Pay Grade Adjustment effective October 2006. The cost of this annual agreement is for the Correction Officer in the amount of $55,777. In addition, the City supplied a 12 passenger Van. Funds are budgeted for this endeavor within the Beautification Fund. Recommend the approval of the Contract renewal between the Florida Department of Correction and the City of Cape Canaveral. Attachment CC: File op I r FLORIDA H L N DEPARTMENT of ` CORRECTIONS. „a `o +Tf'Gt r4 /n Equal Opportani&Emptoyer 2601 Blair stone load • Ta1Rahassee. FL 32339-2500 C�r}veraoyr i���r J D D SH stcm4au James V. Crosby, Jr. http:!lwww,de.vtatv.tl.uuc BUREAU OF FEELD SUPPORT SERVICES S Phone: (850) 488-5061 Suncom: 278-5061 Fax: (850) 922-9277 Suncom: 292-9277 Date: 12/15/06 Pages 'w/cover. 4 To: Ed Gardulski Location: City of Cape Canaveral From: Teresa Williams -Harris Section: Inmate Labor Phone: 850-410-4573 Message: Attached is House Sill 5001, which authorizes the salary increase. The information relating to the salary for correctional officers is in Section 8, (1) on page 401, and iters 13 on page 402 which continues on page 403. Please contact me at 85041.04573, should you have additional questions, Thanks, Teresa Williams -Harris CONFERENCE REPORT ON HOUSE RILL SGu'1 SECTION 8. EMFLCY33 COMPENSATION AND ESNEFiTS - piaaal Year 200E -2D0'7 Statement of Purpcot This section provides instructicas for implementing the Fiscal Year 2006.2CG7 salary and benefit increases provided in S�,•ec_fic ;pprepriacion 2229. Ali allocations, distributions and uses of these funds are to be made in atriot accordance with the provisions of this act, References to "eligible" employees refer to wyployees who are. at a m:aim.um, meeting their required performance etandarda. TE an inelijible employee achieves performance standards oubQ*quent to the salarryy increase implementation date bur, on or before the end of the fiacal .,ear, the employee may receive an increase; however, such increase shall re sffectiVe i.. the date the employee btcome3 eligible but not rttro3Ctiveiy. Pay Grade Adjustments It is the intant of the Legislature that, effective October 1, 2005, tae r.:_niu:ms for eachgav grade and pay band shall be increased by no more 'pan 2.0 percent ar, the maximums for each pay grade and ppay band 0 -hall be 4ncreased by at least 3 ercenk, consistent with the ialar'y increases a:.t:OYi2ed in this act. Ater the maximum of the pay grade or pay band _s ir-creased, if an employee's base rate of pay is equal to or greater tra.n the adjuoted maximum of the employee's pay grade and pay band, the srployee will be granted a o1;2 -time, lu;rp-a nr payment in lieu of an _urease to the employee'e base "uta of pay. When an employee's base rate of pay i.a less than the od,luated maximum of the employee's pay grad or pay hard and the increase to the base rate of pey will be greater than the adjusted maximum, the emplcyce's galaxy will be increased to the ad,ust.ed maximum and the portion of tle increase Chat exceeds the adjuet*a mase=mum- shall be granted instead in S one-time .'MD-suan paymer.t. ! : ) SA2_:',F:.'Y I CREASES ta' CAREER SERVICE AIM EMPLCYEEs 02JECT TO THE CARR SERVICE 8;:nds are provided in Specific Appropriation 2229 for pay increases for al. e_igible e7a?lcyees represented Ay; (1) the Florida Police Benevolent �ssociat-on, (2; tIe International Union of Police Associations, (1) the lloriia. Nurses Agsoclatian, W. the American Federation of S ate, County, and Municipa! Eiployaac, Council 79, and (5) the Florida State Fore Service 960�C1atiC'S, as well as all other eligible Career Service e;nployses not included in a represeated collective bargaining- unit. affective October 1, 2006, for all eligible unit and non -unit Career Servi:e employees, funds are provided to grant acompetitive pay 2d;:zsCasit of 3 percent oil each employee's September 30, 2006, base rate o-= pay. lh) FLORILA 31,):.R0 cB EDuCAT2G1' A:41r $JARi GF wrERMAS 1. Generally Effective October 1, 2005, from the f=ds Lin Speci:ic roFrint, 2229, funds anti provided zo grant each eliai:le emploo� the State university Systam whose pooition. 13 funded by the Ge,iorayee Ravanue Fund a cocnneti'"ve pay adjustment Cf 3 perc&nr on eaeh employee's Eaptarnbet- 34, 10061 base rate of pa contingent upon the employing university providing Sufficient other funds for a competitive pay adjustment of 3 percent for ail other eligible employees of the state university. t.o u+z3s :n Sgecifi: Apprapriatior 2229 'gave hews, provided for salary ;-.creases for paxnonnel employed by the developmental research schools associ4t»d with t:M universities. 3raduate Assistants Effective October 1, 20o6, from the funds in Specific Appropriation. 2229 funds are provided to grant ear= eligible graduate assietant and g-raduata hearth prefessioz assistant a I percent competitive pay ad_ustment on eadn amplcyee's September 10, 200x, bast rata e£ pay. (.) ExENi T FROM cm -m SERVICE 1, Elected officers and full-time members of commissions: -100 CONMIZE 1"CS REPORT ON FCUSE BILL $001 Department of Children and Family Services for the Performance Path to Bxcallrt.ce initiative for child protective investigatord as described in the 3cvernorls Recommended Budget (inane code 3006A201. 3, Effecti,re October 1, 2044, iron the funds in Specific Appropriation 2;.23;. $6E9,115 from tine General Revenue ntmd :e pprovided to the Dgarcrezt of Chi'tdren and Family Services for the Performance Path to R,:cel:ence i114tiatit�C" for abuse registry eaiclnyy�ea a8 described in the Gov-21,cr's Aeco rtrended budget (issue Coda 340�A30). !�ffecti',re October 1, 2066, from the funds it: Specific Apprco:iation ?3, $1,043,402 from the General Revenue Fund and $349 451 from Truet Funs are pro".1ded to the Depavtment of Children and Family service;=for pa}r adjustments to adult pz=tctive investigators as dwribed in the ,iQve:Ajor16 Recommended Budget tissue code 3006000, 5. Rifectiva October 1, 2006, from the r -ands in specific Appropriation 222:, ;e'm SF 196,1s7 fror16t ads is provided to the Department of av,'ronmenta'_ Protection for pay adjustzsetits to personnel in key pcsi_ cnz is Coaztal and Adriatic Manaed 'Areas as described in the 3o.cr.:or's cecc:nmended Budget tissue codis 7COA20), Ef.`ective octoher 1, 2006, from the funds in Svecific Appropriati.ca 7229, $2,453,781 from Vhe General Revenue Fund and X2,203,124 from Trupt are provided to the Department of Juvenile justice toprovide cox netit.�e pay adjustment_ of 5 narcent on the efiployaa's September iOOv', base rate of nay, ae aeacribed in the Governor's Recommended 3adaMt (issue code. 5$01600. Employees eligible under this par raph be employed in class codes 5711, 571, 5913, 5721, 5722, 5725 t7'2 ,. ;727, 5P53, 5965; 5D6$, and 5567, Effective Cctpb*r 1, 2006, from the funds in specifje Appropriation 22215, $845,CO from the General Revenue Ptmd and $241,304 from Trust Finds are pr:vided to fund competitive pay ad:ustmenta of 5 percent or. "re employee's September w4, 2D06. base rate of pay for the 'unit members of t!e Florida State Fire ServiQs and the supervisors of the unit nerioers emplcyaa by the Forestry Division of the Department of Agriculture and Cor.s'1.,.sr Affairs. E, Ef:active October 1 2006, from the fonds it Specific Appropriation 23:9, 3599,571 from the General Revenue Fund is prov3drd to the Lepaztmenc of F-nanci:41 Services to provide annualized competitive pay 13)ustmeat6 cf L5060 to the law enforcement bargaining unit memrere and non -unit members emplo�red to conduct PIP fzeud investigations, 9. Effective October 1, 2005, from the funds in Sppecific Appro ria_ien 224., $459,000 from the General Revenue Fund are provided for recruitment gLnd retention: of professional accountants ,within the Department of Agriculture and Consumer Services and the Department of iia; --c :a1 services. Sud: fundg shall be distributed equally between the t'wn cepartmar!:3. 10. Efftcti a October 1, 2006, from the funds in Specific Appropriation 2729, $394,610 from the 3eneral Revenue Fund is provided to the Department of Law Enforcement to implement the sworn Structured "'eteatYvn and l2ecruitrnent Plan as described in that department's leg,iolztive budget reo_uest (issue code 4CO3Ao0), No payout under this pld- will be made prior to october 'i, 2Doe, !I. :tom the funds in Specific Appropriation 2225, $62,554 from the -en,.ra: Rvvtvve Fund is provided to the State Courts System to pay the re-4reme-iit contributions associated with law enforcement o£ficera wlth,.�n the ;ud;aia`_ branct, FffL^live January ^007, from the funds in Specitic A prapriatior_ 2229, ;75,360 from Trust Funds is provided to the Department of Law E :fOYLvi^P.:i'. to imlement tha Capitol Folios comprea,sion Compensation &len i.w the gni,. and non -unit amnlo ries of the :law enforcement oargai :.g unit serving +n the Capitol Police as described ire the 3epartr,ent'S legislative budget re(Xueet (issue wde 4006ADO). Sen ice eral'1 be sed tpn~i employment Within the Capitol Police and in a Fositicn wit'r_in he law enforcement officer class series. mo employee s5v11 receive Rale than one ceuprescion adjustment during the fiscal yeay. w3. E`-ective October 1, 2006, from the funds in Soecific Appropriation -'s $5,334,442 from the wanerai R.avenaa bund ani $2;0,59 from Trust r • .ca are provided to i:eplasaent retention ad:ustmerts for the emit and not: -•,;nit egloyees of the security services collective bargaining unit. Each ':ig1D1E employee wits at least 5 years of service put leas that 402 CONFEP.ME REPORT ON HOUSE BILL 5001 sig �eass of service with the employing agency ao of September 30, 2009, e13x1_ recaive it increase of 2 percent to tthhe employee's September 30. 2VQJ., lease race of pay; praalded, however, that an employee is ineligible if that employee received a retention adjustment diming the 2005-2006 fiscal year. Each eligible employee with at least io years cf ee:vice with tl:e egpicyyirg agency as of September 30, 2006, eha2i receive an inoritase of 3 percent to the eaployee's s!u ber 30, 200£, base rate of pay. No emploee shall receive more tsar one retention adj wtment Burl. the fiscalyear_ Service shall be based upar, empl lrrrent with the eMcicying agerey Sox to px8de essor aaencyi and in z ositiQn w^_thin tHt security 54rvices bargain=-:g unit. ;.4. Effective J:raa 1, 2007, from funds in Specific Apgriation 282:, $10_,476 from the General Revenue Fund and $54,502 from rust Funds art ppr-)vided to the Department of Law Worcement to fund the performance based cQ-npensation pian, as developed by the department, to provide a 2 percent nerformano,e based- ncrease for those employees who exceed parforr,.ar_ce expectations outlined in employee work plana. (3) ai3NEFITS: EB;nLTH, LIFE, AND DISABILITY IN32AANCE t a) LIFE zNSM-1-NCE FIND DI.5I.BILITY INSURARTCE 1. '',ands are provided in each agency's budget to conti.rlue pa° +rig the state shire of the State Life Insurance Program promiums. E fective .v 1, 20-16, the state share of premiums shall iacreace from $.1143 per $1,UC of employee calculated beherit per month to $.1243 per $1,000 of rrnp._cyee calc'ulared benefit par menti: on behalf of employees net exempt fvon making coitriou.ipr:s, and Iron: $.1477 per $1,000 of employee 2alca1ated Derefit per xcrth to $,1577 per $2,000 of emplayoe Calculated benefit ptr month on benal of` ctmpleyeee exempt from making c3rtr4.but ib.11S . 2. Ftnds a-re provided in east arency'm budget to :=tinue paying the StateDiSa� Iasurance Program praniume, Effect9ve July 1, 3006, the state prem.,um scall decrease fro'n $.15 per $100 of emoleyee regular rate of xray per north to 5.07 per $10C of employea regular rate of pay per mont:; , 3. T.e sum of $3,51�0,000 shall be transferred from the State Employees, Disability Insurance rust Fund to the State mmployees Life InsuiatCB Trust :-and, Tha sur of $10.500;Q00 is appropriated from the General Revenue Fund tp the Depart.5nt of Ma agement Services for deposit into the State Qxployeds 11fe Ia5"an:e Trust Fund. (b) t1MAi17H INSURMU For theperiod July 2)D6, through June 30, 2)07, all ber-efita as c cvidad ,n the current State 1'mployaa5l PFO Platt group Health Insurance Elan Booklet and Benefit Document, vurrsnt gealth Maintezazce Organization contracts. and Other $U&, health insurance benefits as s_•�proved by the Legisisture shall ren.ain in effect. No reduc tors to `ne level cf benefits may be implemented unless speoi.4-3.cal1y auth,lrized by the legislature. State ;aid Pro-mitltu a. For the coverage cericd July 1, 2006, through April 3O, 2007, the state share of the State Groin Health Insurar:ce Plan premiums and the state A,,are of the etate-contracted health maintenAa c* organi2ation Pre"niull"O to the exeC.utive, legislative 2r3 judicial brane' agencies shall :catir.ue at $346.16 per month for irtdividl.:al cr�verege aid 5715,92 {ger month for fa:aily coverage. a. Fcr the coverage period beginning may 1, 2OD7, the state share of the State Growl Health Insurance Plan premium to the executive, lag4.slative and )udiC:al branch agencies sha_1 :uct•ease, effective April 2007, frOM $345.16 per M-1th to $377.86 Per mvr:th for individual cvvexage slue from $715.92 per mhnth to $187,50 per mesal-+ far faMi_y covtragj !_ I. PramduTB paid by Firrioyees a. For t',ie coverage period July 1, 2006, through June 30, 2007, the emf�cyee' shara of health insurance premiums for the standard slabs 5,01'- co.arirae to res $50 per mrnth for individual coverage and $180 per ;110k ', h for fam;ly ccvafoge , 2101 STATE OF FLORIDA DEPARTMENT OF CORRECTIONS OFFICE OF INSTITUTIONAL SUPPORT SERVICES MEMo To: Bennett Boucher, City Manager FROM: Teresa Williams -Harris, Correctional Services Consultant 1 DATE: September 29, 2006 SUBJECT: Contract Number: WS 141 Please complete the enclosed Contract Expiration Notification form and mail back to me within 30 days. In addition, enclosed for your review is a draft Contract as well as, an Addendum A which outlines the new cost for a contracted work squad. If you have any questions, please contact me at (850) 410-4573 or Suncom 210-4573. Sincerely, Teresa Williams -Harris Correctional Services Consultant TWH/ jk cc: file CONTRACT # W S364 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF CAPE CANAVERAL This Contract is between the Florida Department of Corrections ("Department") and the City of Cape Canaveral ("Agency") which are the parties hereto. WITNESSETH WHEREAS, Section 944.10(7) and Section 946.40, Florida Statutes and Rules 33-601.201 and 33-601.202, Florida Administrative Code, provide for the use of inmate labor in work programs; WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff; WHEREAS, the Cite of Cape Canaveral is a qualified and willing participant with the Department to contract for an inmate work squad(s); and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract. and in recognition of the mutual benefits and considerations set forth, the parties hereto covenant and agree as follows.- 1. ollows: I. CONTRACT TERM/RENEWAL A. Contract Term This Contract shall begin on March 12, 2007 or the last date of signature by all parties. whichever is later. This Contract shall end at midnight one (1) year from the last date of signature by all parties or March 11. 2008. whichever is later. In the event this Contract is signed by the parties on different dates, the latter date shall control. B. Contract Renewal This Contract may be renewed, at the option of the Agency, for one (1) additional one (1) year period after the initial Contract period upon the same terms and conditions contained herein. The Contract renewal is at the Agency's initiative with the concurrence of the Department. The Agency, if it desires to renew this Contract, shall exercise its option no later than sixty (60) days prior to the Contract expiration. Page 1 of 12 Master document Revised 09/21/06 CONTRACT # WS364 11. SCOPE OF CONTRACT A. Administrative Functions Each party shall'cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmate(s) performing services under this Contract between the parties. 2. Each party will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. 3. Through their designated representatives, the parties shall collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services Responsibilities of the Department a. Pursuant to Chapter 33.601.202(2)(a), F.A.C., supervision of the work squad(s) will be provided by the Department. The Department shall provide one (1) Correctional Work Squad Officer position(s) to supervise an inmate work squad(s). This Contract provides for one (1) Work Squad(s) of up to eight (8) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) out would breach good security practices; when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave: when the officer's presence is required at the institution to assist with an emergency situation, when the officer is ill, or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant, the Department shall make every effort to fill the position(s) within five (5) working days. C. For security and other reasons, the Department shall keep physical custody of the vehicles, trailers, and all tools, equipment, supplies, materials and personal work items (gloves, boots, hard hats, etc.) furnished by the Agency. (The Department shall maintain an inventory of all property. expendable and non -expendable, provided by the Agency, which is in the care, custody, and control of the Department.) A hand receipt shall be signed by the Department's Work Squad Supervisor upon the issuance and return of non -expendable items. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. e. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Page 2 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 Once the Agency reimburses the Department for the costs reflected on Addendum A, Section IV., these items will be placed on the Department's property records, as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. f. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for inmates' lunches. I h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work, become unable to work, or cause a disruption in the work schedule. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while performing work under this Contract. J. The Department shall provide for medical treatment of ill or injured inmates and transportation of such imnates. k. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year. The Department shall be responsible for driving the Correctional Work Squad Officer and the imnates to and from the work site. M. Both parties agree that the Department is making no representations of the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall periodically provide the Department's Contract Manager with a schedule of work to be accomplished under the terms of this Contract. Deviation from the established schedule shall be reported to, and coordinated with, the Department. b. If required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. c. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency, or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. Page 3 of 12 Master Document Revised 09121106 CONTRACT # WS364 d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad.. The Agency shall maintain its own inventory of transportation, tools and equipment belonging to the Agency, which remain in the care, custody and control of the Agency and that are assigned to this program. e. The Agency shall provide vehicles for transportation of the work squads in accordance with the requirements of Addendum A. 3. Communications Equipment It is the intent of this Contract that the Work Squad have and maintain communication with the institution at all times. A method of communication (radios, cellular phone, etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Contract Manager in writing prior to assignment of the work squad. Dependent upon the method of communication provided, the Contract Manager may require a secondary or back-up method of communication. All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department under this contract until such time as the radio communications equipment has been deprogranuned by the Department. At the end or termination of this Contract, the Department's Contract Manager will contact the Department's Utility Systems/Communications Engineer in the Bureau of Field Support Services, Central Office, to effect the deprogramming of radio communications equipment provided by the Agency. a. Vehicle Mounted Radios: Vehicles provided by the Agency that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(ies) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle and/or conununications equipment maintenance and/or repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand Held Radios: Hand held radios provided by the Agency that are or that will be programmed to the Department's radio frequency(les) will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand held radio(s) provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. Page 4 of 12 Master Document Revised 09121/06 CONTRACT # WS364 C. Cellular Phones: Cellular phones may be utilized by the work squad officer as either a primary or secondary means of communication as approved by the Contract Manager. The Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or termination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract. 4. Other Equipment The Contract Manager shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract and shall notify the Agency when a trailer is necessary. The Contract Manager shall designate whether the usage of an enclosed trailer is required on Addendum A. If a trailer for the work squad is provided by the Agency at no cost to the Department, and the Department maintains the trailer when the squad is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. Upon the end or termination of this Contract, the trailer will be returned to the Agency. III. COMPENSATION A. PaynMent to the Department Total Operating Capital To Be Advanced By Agency, as delineated in Section V., of Addendum A, shall be due and payable upon execution of the Contract. The Department will not proceed with the purchase until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the Work Squad. 2. Total Costs To Be Billed To Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance, with the first payment equaling one-fourth of the total amount, due within two (2) weeks. The second quarterly payment is due no later than the 20`f' day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20`h day of the last month of the preceding Contract quarter. 3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five (5) working days, the next or subsequent billing will be adjusted by the Department for services not provided. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. The rate of compensation shall remain in effect through the term of the Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. Page 5 of 12 Master Document Revised 09/21/06 CONTRACT # W S364 B. Official Pavee The name and address of the Department's official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee, Florida 32317-3600 IV. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address and phone number as indicated, as Contract Manager and Contract Administrator for the Project. A. Department's Contract Manager The Warden of the Correctional Institution represented in this Contract is designated Contract Manager for the Department and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison with the Agency. The position, address and telephone number of the Department's Contract Manager for this Contract is: Warden Brevard Correctional Institution 855 Camp Road Cocoa, Florida 32927-3709 (321) 634-6010 B. Department's Contract Administrator: The Chief, Bureau of Procurement and Supply is designated Contract Administrator for the Department and is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Contract Manager for the Department. The name, address and telephone number of the Department's Contract Administrator for this Contract is: Lisa M. Bassett, Chief Bureau of Procurement and Supply Florida Department of Corrections 2601 Blair Stone Road Tallahassee, Florida 32399-2500 (850) 410-4091 bassettwq( mail,dc.;stat--------------- _1' Page 6 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 C. Agency's Representative The name, address and telephone number of the representative of the Agency is: Bennett Boucher, City Manager City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida 32932 (321) 868-1230 D. Changes to Designees In the event that different representatives are designated by either party after execution of this Contract, notice of the name and address of the new representatives will be rendered in writing to the other party and said notification attached to originals of this Contract. V. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall only be valid when they have been rendered in writing and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any applicable laws, regulations or increases/decreases in allocations make changes to this Contract necessary. VI. TERMINATION/CANCELLATION Termination at Will This Contract may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certified mail (return receipt requested), or in-person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. The Department shall reimburse the Agency any advance payments, prorated as of last day worked. VII. CONDITIONS A. Records The Department and the Agency agree to maintain books, records and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices. The Department and the Agency agree to allow public access to all documents, papers, letters, or other ►materials subject to the provisions of Chapter 119 of the Florida Statutes, and made or received by the Agency in conjunction with this Contract. It is expressly understood that substantial evidence of either the Department's or the Agency's refusal to comply with this provision shall constitute a breach of Contract. Page 7 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 B. Annual Appropriation The Department's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of cash payments as outlined in Addendum A and in Section III, Compensation. C. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Contract Manager. Any dispute that can not be resolved informally shall be reduced to writing and delivered to the Assistant Secretary of Institutions. The Assistant Secretary of Institutions, shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to the Contract Administrator and Contract Manager. D. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, civil, or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, water, wind, lightning, strikes, labor disputes, shortages of suitable parts, materials, labor, or transportation to the extent such events are beyond the reasonable control of the party claiming excuse from liability resulting therefrom. E. Severability The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted. F. Verbal Instructions No negotiations, decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Department's administrative or project staff identified in Section IV, Contract Management, of this Contract shall be considered as a duty authorized expression on behalf of the Department. Only communications from the Agency that are signed and in writing will be recognized by the Department as duly authorized expressions on behalf of the Agency. G. No Third Party Beneficiaries Except as otherwise expressly provided herein, neither this Contract, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of, or providing a benefit to, any party not a signatory hereto. Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. Page 8 of 12 Master Document Revised 09/21/06 CONTRACT # WS364 This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: CITY OF CAPE CANAVERAL SIGNED BY: NAME TITLE: 17sti� FEID #.- :DEPARTMENT DEPARTMENTOF CORRECTIONS SIGNED sa H. Carson BY: General Counsel NAME: James R. McDonough TITLE: Secretary Department of Corrections DATE: SIGNED BY: NAME: sa H. 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U O m > > w0 m N (_j L 12. m O C Q o w N CCA L CL Ca o rmc 3mw0c m OO ell aw c al m o w o Q Z Z v,>w Co o E wv C — rn to - m mQ c Q } a Q❑ gOa) v om 0w o m oE C 0L W p>10 0 a r Q Cgd3 O CL O U UJ C N N "O 70 v U h� W E A _� ai ai i w p w C O 'a C C w mrn m 4 o c a�•2 oQ Q co ccm } C In W C C co m m C C O) D >> > m t V t O D N>, m m Lo m Co'er W w c w E —0) --c> _= E. ,0 O O CL m .Y 3 w O m C m O 2 U 3 w m m ai m m 'a Q _... E p w 0 a) m U E CD M w" O o m N .� w> U` W a" Wdw-Q m w 0 o> lu mn 0m@W Q C U R a o >UWD No L O j S m � QOQmW a) U C P OO F- w om (nOr W Q F 1-- o O U LU m o U W LU J o > Z 0< $ > co O OJui E 2 t- J v' 0 p J U W m v a U Q Meeting Type: Regular Meeting Date: 12-19-06 AGENDA Heading Considerations Item 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST FOR RELEASE OF A CODE ENFORCEMENT LIEN, CASE NO. 2005-00043, PAUL JINDRA, 605 SHOREWOOD DRIVE, UNIT E503 DEPT/DIVISION: PUBLIC SAFETY/CODE ENFORCEMENT Requested Action: City Council consider the request for release of a code enforcement lien, Case No. 2005-00043, Paul Jindra, 605 Shorewood Drive, Unit E503, upon payment of administrative costs within (30) days of City Council's action on this matter, as recommended by the Code Enforcement Board. Summary Explanation & Background: See attached application and board recommendation. I recommend approval. Exhibits Attached: Application/Board Recommendation City Mana ice Department PUBLIC SAFETY/CODE ENFORCEMENT ape-nL \myaocU ZnL\C0UI1C11\IILee Ll1rg7=UO\14-17-V0\GUUJ-VVV4J. UVC Date: December 1, 2006 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary �i/ Re: Recommendation to the City Council Regarding Case No. 2005-00043, Paul Jindra, 605 Shorewood Drive (Unit E503) - Request the Release of Lien - Per Section 2-260(e) On November 30, 2006, The Code Enforcement Board heard testimony regarding the above referenced request and recommended that City Council release the Code Enforcement Board Lien upon payment of the administrative costs in the amount of two thousand and six hundred and seventy-six dollars and forty cents ($2,676.40). Lien Amount: Starting June 24, 2006 per the Board Order 7 days @ 250.00 1,750.00 28 days @ 250.00 7,000.00 9 months with 31 days (31 x 250 = 7750.00 x 9) 69,750.00 5 months with 30 days (30 x 250 = 7500.00 x 5) 37.500.00 Total $116,000.00 Administrative Costs: Meeting time for Attorney & Staff Mailing fee Misc. Staff Time (46hrs x 20.00) Total Costs 1,710.00 46.40 920.00 $2,676.40 105 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 CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN CODE ENFORCEMENT CASE #: O OS '� C�G�`l �� APPLICATION FEE: $ / OD , E 1/ API-1ICANT: Aae jVC /�A DATE: /V o U, 2 C , .Z DO b ADDRESS: �i L2S�cS�OIc�C �(.X�Gj ,(3Lyp , CITY: CIVE G'�NFi i/�= %� L STATE: _ �'��✓ 1 ZIP: -5;7 9'2- 0 NATURE OF VIOLATION(S): 457,6 (2) " .S l-P"'t> R oS &-s i)qo t fS ADD TRESS OF SUBJECT PROPERTY: 0-s' VW-, - 5-iQ,3 DATE FINE/LIEN IMPOSED: O CJS AMOUNT: 000, 00 /DAY 0 TOTAL COMPLIANCE DATE: A) �/ r 6~ RELIEF REQUESTED: ATISFACTION REDUCTION (Circle one) IF REDUCTION, THE APPLICANT PROP40SES $ AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) F'y'gA1C"I¢ TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS, IF ANY, WHY THE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) /0/%iVI L ri�%,�LL�Ij 1�SfLC� ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) Aef W j �,C 9 17'"- A1/-9 l/Ae,4 70�'? 6>�F�J iS' _L •��� G1ry �T Aw- N/N!A A wx to �'F-c��!/ ®P6z--A10y&-b . G� 4 o Date: A 0V, ,2 % U06 Applicant's Signature �— STA TE OF r�'� COL3NTY OF r--,, BEFORE ME the undersigned authority did personally appear�9/1QGzC% y7 4AQ 2Sp /, who provided /-L/? , hl2, L / C . as identification, and who after being place under oath, swore or affirmed the information contained within this application is true and correct. as%'rty, JOY LOMBWI MY COMMISSION # DD 486084 EXPIRES: August 3 2007 Bonded TWuNotary PLtk Und6WKe16- Notary Public FOR STAFF USE ONLY APPLICATION FEE: $ 00 9�1 RECEIVED BY CITY ON COMPLIANCE CONFIRMED BY BUILDING C OFF I� ON IO I J q 1040 CODE E!,FPORCEMENT REVIEW ON III -S0106 CODE ENFORCEMENT RECOMMENDATION ATTACHED: 'AYES ACTION OF CITY COUNCIL: APPROVE; DENY; APPROVE WITH FOLLOWING CONDITIONS: DATE OF COUNCIL ACTION: CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE LimxwExl PowuR OF ATTORNr.,,y I, Paul E. Jindra, do hereby assign a Limited Power of Attorney to Samuel David Anderson, to represent my interests through Appearances before the City of Cape Canaveral, FL Code Enforcement Board and the City of Cape Canaveral, FL, with respect to my condominium located at 605 Shorewood Dr., Unit 503-E, Cape Canaveral, Florida 32920-5058, in all matters concerning Liens, Fines, and Levies only, and to negotiate with them regarding Liens, Fines, or Levies, in consultation with my Attorney of Record, John Leklem. This Power of Attorney is limited to these matters only and does not impart Power of Attorney to act on my hehalf in anv other matter. By niv na this Limited Power of Attorney I resPrvP fir myself the final decision regarding the resolution of these issues and the payment or dispersal of my money towards any Fines, Liens, or Levies. Signed this 161' [day of October, 2006, ?-- - I cc -- L' j '9&� Paul E. Jindra Witness: -.:. Mt Notary: �(.78 •a� JACELYN M. BANEY NOTARY PUBLIC STATE OF ILLINOIS M COMMission Eva 01/ Witness: Code Enforcement Board Meeting Minutes November 30, 2006 Page 2 COMPLIANCE HEARINGS: Case No. 05-00043 — Violation of Section 34-96 Standards Established, of the Cape Canaveral Code of Ordinances. (605 Shorewood Dr.) — Paul Jindra. Property Owner. Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history. Officer Alexander testified that the Case was found in compliance on October 19, 2006. Officer Alexander further stated that by power of attorney, David Anderson is requesting a satisfaction of the Code Enforcement Lien on behalf of Paul Jindra, property owner. Officer Alexander respectfully requested that the Code Enforcement Board deny the respondent's request to satisfy the lien in the amount of $116,000.00 and order the respondent to pay a reduced amount of $2,676.40. The reduced amount represents the reimbursement to the City of Cape Canaveral for inordinate expenses incurred during the Code Enforcement investigation and processing of the violation. David Anderson testified that Paul Jindra has vacated the premises; all the animals have been removed; the condominium unit has been cleaned; and there is no odor present. Mr. Anderson requested that the Board waive all fines and release the lien due to the fact that Mr. Jindra is in ill health and in extreme financial hardship. Mr. Anderson stated that any consideration would be appreciated. After hearing testimony from both parties, the consensus of the Board was that the City should be reimbursed for the expenses incurred. 1, Motion by Mr. Ciecirski, seconded by Mr. Hale, to recommend City Council release the lien upon payment of the administrative costs in the amount of two thousand six hundred and seventy-six dollars and forty cents ($2,676.40). Discussion followed. Motion by Mr. Ciecirski, seconded by Mr. Hale, to amend the Motion to require the respondent to pay the administrative costs within 30 days of City Council's approval. Vote on the amended Motion carried by majority, with Craig Stewart voting against. Vote on the original Motion carried by majority, with Craig Stewart voting against 2. Case No. 06-00049 — Violation of Section 302. and 302.1. International Property Maintenance Code 1998 - Exterior Property Areas & Sanitation of the Cape Canaveral Code of Ordinances. (342 Coral Dr.) — Anastas A. Baadjieff, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent has resolved the main issues of concern on the property by repairing the pool and cleaning up the yard; however, the respondent is not in full compliance of the Board Order due to the fact that the soffits and fence remain in a state of disrepair. Officer Alexander testified that the fence could admit toddlers into the pool area. DIVISION 2. CODE ENFORCEMENT Page 1 of 2 Sec. 2-260. Application for satisfaction or release of code enforcement liens. Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property of the violator, such violator may apply for a satisfaction or release of such lien in accordance with this section. (a) Upon full payment by the violator of the fine or penalty in accordance with this chapter, the city manager shall execute and record a satisfaction of lien. (b) The application for satisfaction or release of lien shall be in written form, typed or handwritten, by the violator, and shall be submitted to the building official or the designee of the building official. the application shall include, but may not be limited to the following: (1) The code enforcement case number; (2) The date upon which the violator brought the subject property into compliance with the City Code; (3) The factual basis upon which the violator believes the application for satisfaction or release of lien should be granted; (4) The terms upon which the satisfaction or release should be granted; (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the violator; and (7) Any other information which the violator deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. (8) This application shall be executed under oath and sworn to in the presence of a notary public. (c) The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are nonrefundable, without regard for the final disposition of the application for satisfaction or release of lien. (d) Upon receipt of the application for satisfaction or release of lien and payment provided above, the Building Official or designee of the building official shall confirm through the code enforcement department that the violation which resulted in the order imposing penalty or fine has been satisfied. If the violation has been satisfied and there is no current code violation upon the property in question, the building official or designee of the building official shall place the application upon the agenda ofthe next meeting of the Code Enforcement Board for the City of Cape Canaveral. (e) At the hearing before the code enforcement board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board regarding the application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented, the code enforcement board shall by motion direct a recommendation to the city council for approval, approval with conditions, or denial of the application for satisfaction or release of lien. http://libraryl.municode.com/mcc/DocView/12642/l/33/53/55 12/12/2006 DIVISION 2. CODE ENFORCEMENT Page 2 of 2 The code enforcement board, in determining its recommendation, shall consider the following factors: (1) The gravity of the violation; (2) The time in which it took the violator to come into compliance; (3) The accrued amount of the code enforcement fine or lien; (4) Any previous or subsequent code violations; (5) Any financial hardship; and (6) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine. (f) After a recommendation has been rendered by the code enforcement board, the building official or designee of the building official shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled city council meeting. The city council may take action solely based upon the sworn application and recommendation of the code enforcement board; or it may, in its discretion, provide the violator with an opportunity to address the council in regard to the application for satisfaction or release of lien. (g) The city council may approve, approve with conditions, or deny the application to satisfy or release of lien. If the city council approves the application to satisfy or release the lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the council have been satisfied. The violator shall have 30 days in which to comply with the conditions imposed by the city council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the city council, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (Ord. No. 05-2003, § 2, 2-18-03) http://Iibraryl.municode.com/mcc/DocView/12642/l/33/53/55 12/12/2006 Code Enforcement Board Meeting Minutes May 19, 2005 Page 2 2. Case No. 05-00043 — Violation of Section 34-96 Standards Established, of the Cape Canaveral Code of Ordinances, (605 Shorewood Dr.) — Paul Jindra, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case History and presented exhibits for the Board's review. Officer Alexander testified that the respondent was cited for exterior property nuisances; meaning anything that endangers life or health, or gives offense to senses violates the laws of decency or obstructs reasonable and comfortable use of property. Officer Alexander further testified that she witnessed a very strong odor outside Mr. Jindra's condominium unit, inside an adjoining unit, and on the balcony. Paul Jindra, property owner, read the Sixth Amendment to the United States Constitution stating that he had the right to know whom the accusations were from. Mr. Jindra refused further testimony. City Attorney, Anthony Garganese informed Mr. Jindra that the City of Cape Canaveral was the complainant in this case. Charles Kane, property manager, testified that he had files of complaints regarding the deteriorating conditions with the cats and the ammonia odor around Mr. Jindra's condominium unit. Attorney Garganese asked Mr. Kane if he has witnessed the odor first hand, what the odor was, and if he had ever seen any cats in the unit. Mr. Kane replied that he had smelled an odor of cat urine and he stated that he has seen three cats on Mr. Jindra's balcony. Ursula Mills, condominium association president, testified that she tried to work with Mr. Jindra to rectify the problem, but she stated that the complaints against him are constant. Attorney Garganese asked Ms. Mills if she had witnessed the odor and asked her to describe the smell. Ms. Mills stated that she has smelled the odor of cat urine in front of Mr. Jindra's unit, in the unit next to him, and on the balcony. Ralph Catoloni, neighbor next to Mr. Jindra, testified that Mr. Jindra is a good man. Mr. Catoloni stated that he could occasionally smell an ammonia odor, depending on the direction of the wind. After a short recess, Mr. Jindra brought in the old weather strip from the bottom of his front door and testified that this was the problem. Mr. Jindra further stated that he was taking steps to correct the problem. Mr. Jindra stated that he has replaced this damaged weather strip and he intends to install a sweeper so the odor will not seep under the door. Officer Alexander respectfully requested that the Board find Paul Jindra in violation of Section 34-96(d), "Standards Established", and that he be given until May 24, 2005, by 5:00 p.m., to come into compliance or be fined fifty dollars ($50.00) per day until he comes into compliance and be fined one hundred dollars ($100.00) per day thereafter if the violation reoccurs. Code Enforcement Board Meeting Minutes May 19, 2005 Page 3 Motion by Mr. Stewart, seconded by Mr. Godfrey to accept staff's recommendation and find Paul Jindra in violation of Chapter 34 Section 96 and be given until May 24, 2005 to come into compliance. Discussion followed. Motion by Mr. Biederman, seconded by Mr. Godfrey to amend the original motion extending the compliance date until June 22, 2005. Discussion followed. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:33 P.M. Approved on this day of , 2005. Mary Russell, Chairperson Joy Daine, Board Secretary FV City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA PF THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Paul Jindra, Owner of the Property located at: 605 Shorewood Drive Unit E503 Respondent, Case #05-00043 ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2005, to determine whether any violations of the City of Cape Canaveral Code of Ordinances exists or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation of Sections 34-96d, Standards Established, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation; 2. The Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of the hearing before the Code Enforcement Board and was present at this hearing; 3. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: a strong, offensive odor is adversely affecting the surrounding properties causing a "nuisance", pursuant to 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.coin Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 4. That said violation continues to exist within the City of Cape Canaveral and that such constitutes a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until June 22, 2005 by 5:00 p.m., to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, a fine will be immediately entered without hearing and upon a filing of a Notice of Non - Compliance by the Code Enforcement Officer, in the amount of fifty dollars ($ 50.00) per day until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the property and any other real or personal property owned by the Respondent; 4. Any future recurrence of any violations addressed herein after same has been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent an opportunity to correct such violation and that the Code Enforcement Board, upon finding such repeat violation exists shall impose a fine in the amount of one hundred dollars ($100.00) per day for each repeat violation, beginning on the first day the repeat violation is found to exist: 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violations on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this ,Zi day of , 2005. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ I, Chairperson Copies furnished to: Paul Jindra, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this 2c day of Ma, , 2005. Z i ain� rc�ecretary r Duree Alexander, Code Enforcement O icer Code Enforcement Board Meeting Minutes June 23, 2005 Page 2 COMPLIANCE HEARINGS: Case No. 05-00043 — Violation of Section 34-96 Standards Established of the Cape Canaveral Code of Ordinances. (605 Shorewood Dr.) — Paul Jindra, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case History and presented exhibits for the Board's review. Officer Alexander testified that the respondent was cited for exterior property nuisances; meaning anything that endangers life or health, or gives offense to senses violates the laws of decency or obstructs reasonable and comfortable use of property. Officer Alexander stated that a site visit revealed that a strong urine odor still existed on May 26, 2005. Officer Alexander further stated that the City purchased ammonia detector tubes to measure the presence of ammonia and recorded several reading ranging from 2ppm (parts per million) to 10ppm. Assistant Public Works Director, Walter Bandish, testified that several tests were performed with a calibrated gas detector instrument. The ammonia test tubes measure the amount of detectible ammonia in the air in parts per million (ppm). Mr. Bandish stated that the safe zone is 25 ppm for 8 -hours of exposure, however that duration of test was not performed. The odor was measured at lower levels and is concentrated to a specific area. If the ammonia can be detected at all, there will be an odor. Mr. Bandish further stated that all the tests were performed outside the unit. Mr. Bandish stated that if there was a reading of 10ppm today at the outside window, he was under the assumption that inside would be considerably higher. Mr. Bandish presented the test tubes for evidence, explaining that the color changes from a light purple to a pale yellow. Paul Jindra, property owner, testified that the air conditioner had been repaired. Mr. Jindra stated that an air conditioner man told him that without air conditioning, animal odors are increased. Mr. Jindra stated that he has been running the air conditioning on a low setting since it's been repaired. Mr. Jindra further stated that he has changed the litter, using odor control liter and has purchased a Bionaire air purifier. Mr. Jindra testified that he also intends to clean the carpet and remove clothing that has absorbed the odors. Mr. Jindra requested more time to clean up and stated that he intends to move. Craig Stewart, Board Member, stated that more time is not acceptable; due to the fact that so many people are affected by this problem. Mr. Stewart further stated that this problem needs to be taken care of now. Officer Alexander respectfully requested that the Board find Paul Jindra in non- compliance of the Code Enforcement Board Order and of Section 34-96(d); Standards Established, of the Cape Canaveral Code of Ordinances, and be fined Fifty Dollars ($50.00) per day until the results of the Gas Detector displays a reading of 0 ppm. Officer Alexander further requested that the respondent be fined One Hundred Dollars ($100.00) per day thereafter if the violation reoccurs. Motion for discussion purposes by Mr. Stewart, seconded by Mr. Hale to accept staffs recommendation and find Paul Jindra in non-compliance of the Board Order and in violation of Chapter 34 Section 96. Code Enforcement Board Meeting Minutes June 23, 2005 Page 3 Mr. Stewart recommended that Mr. Jindra find somebody to come into his condominium to help clean up. Mr. Stewart stated that it may cost approximately $2,500.00 to get it done, however, with the imposed fines will add up quickly if the problem is not taken care of. The Board heard testimony from fifteen (15) neighboring condominium unit owners stating that the strong urine odor is so bad in the building and in adjoining units that they are not able to go out on their own balconies and cannot have family visit; especially if somebody has allergies. Mr. Still, unit owner, stated that Mr. Jindra makes empty promises to move out or clean up. Several owners stated that the fines are not sufficient, and requested a stronger penalty. Jeff & Darleen Cooper, unit owners, testified that they have owned the unit directly next to Mr. Jindra for four years. Mr. Cooper stated that the unit is a rental. Mrs. Cooper stated that the last tenant had to tape the electrical outlets to try to keep the smell out. Mrs. Cooper further stated that theirs is a direct oceanfront condominium unit and they can't even stay in it because of the odor. Mrs. Cooper also stated that they cannot rent the unit and two potential buyers have backed out because of the odor. Susan Marcusse, property management, testified that the unit next to Mr. Jindra could not be rented due to the strong odor. Ms. Marcusse stated that she had to evacuate the last tenant that was placed in there due to unfit living conditions. Mr. Stewart stated that he would like to see the Board impose the strongest motivation possible. Mr. Stewart asked for the City Attorney's advice. Anthony Garganese, City Attorney, stated that the Board has the ability to levy fines, which will have long-term effects. Attorney Garganese suggested that the Board could request Mr. Jindra hire an indoor environmental consultant or hygienist to certify that the unit is clean and no longer poses a threat to the residence to the condominium. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hale to remove the original motion as presented. Vote on the motion carried unanimously. Motion by Mr. Stewart, seconded by Mr. Godfrey to find Paul Jindra in violation of Chapter 34 Section 96 and in non-compliance of the Board Order and be fined Two Hundred and Fifty Dollars a day beginning June 24, 2005 until the issue is brought into compliance and require the Respondent to hire a certified interior environmental hygienist to verify to the Board that the ammonia odor is reduced to 0 ppm and the nuisance has been abated by July 20, 2005. The Board requests that the City take such action to enforce this order and abate this nuisance. Discussion followed. Vote on the motion carried unanimously. 2. Case No. 01-0008 —Violation of Section 94-4 (11) Window Signage, of the Cape Canaveral Code of Ordinances, (8050 N. Atlantic Ave) — Provin & Jyostna Patel, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case History and presented exhibits for the Board's review. Officer Alexander testified that this Case was found in Violation on May 17, 2001 and given until June 26, 2001 to come into compliance. Officer Alexander further testified that an Affidavit of Non -Compliance was issued and presented to the Code Enforcement Board on July 19, 2001. ACE A� s r 54 d City of Cape Canaveral CODE ENFORCEMENT BOARD _ CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL. A Florida municipal corporation, Complainant, V. Paul Jindra, Owner of the Property located at: 605 Shorewood Drive Unit E503 Respondent. CASE NO.: 405-00043 CFN 2005447420 12-20-2005 09:03 am OR Book/Page: 5581 / 2039 Scott Ellis Clerk Of Courts, Brevard County #Pgs:4 #Names:2 Trust: 2.50 Rec: 33.00 Serv:0.00 0.00-xcise: 0.00 Mtg: 0.00 nt Tax: 0.00 AMENDED ORDER IMPOSING PENALT'. ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2005, and June 23, 2005, to determine whether any violation(s) of the City of Cape Canaveral of Ordinances exist(s) or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed tl;e record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, i=iorida Statutes, that a violation or violations of Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation. 2. Section 34-96(d) provides in relevant pat, that "[ely-de.ri.nr property areas of all premises shall be kept free of all nuisances... or conditions which may create a health... hazard." Section 34-91 defines nuisance to mean 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 wwwmyflorida.com/cape - email: ccapecanaveral@cfl.rr.com "everything that endangers life or health, gives offense to senses, violates the iavJS Gi veC2nCy or oUJtl JCtS reaSGnai:3ic and comfortable use Of property." 3 The Respondent either filed or refused to correct s::ch �:iolatlon :�ithin the iii A '.i.. + i +'., i�.., h reasonable time pet Gu . oviued iii the Notice of Violation: Mat ti ie Respondent was provided notice of the hearings before the Code Enforcement Board and was present at both hearings. 4. At the May 19, 2005 hearing, the City's code enforcement officer and numerous residents residing near Respondent's Unit E503 testified that on niJl!lelVi.1J VCCajtVtls a JIIV!!g, 6IIC!!JiNe GVor VI C.Q! iilllle/ICcCJ "dl!!!!!V!!1ca) was emanating from said unit. Further, the testimony indicated that the odor could be clearly detected in adjacent units, the exterior building co!sidor, the building elevator, and adjoining exienior balconies. 5, Witnesses testified and Respondent admitted that several cats live in Unit E503. in addition, the code enforcement officer introduced documents into evidence indicating that the Respondent has licensed (with Brevard County) ownership of several cats. Moreover, Respondent admitted that he considers himself a sort of caretaker for the feral cats that live in the area. 6. On lay 19, 2005, the Code Enforcement Board ordered that the Respondent abate the nuisance and correct the violation by June 22, 2005 by 5:00 p.m or fines will be levied against the Respondent. 7. On June 23, 2005, the Code Enforcement Board conducted a compliance hearing. At this hearing, numerous additional witnesses also testified that strong, offensive ammonia odors were emanating from Respondent's unit. Several affidavits supporting the violation wiv-ric'v also introduced into evidence. Additionally, several resident's testified that they have lost sales and leasing opportunities of their units because of the strong, offensive odors coming from Unit E503. i=iur then—nore, the City presented scientific evidence (through the use of an ammonia testing kit) evidencing that significant levels of ammonia odors were detected emanating from Unit E503 on numerous dates and locations since the May 19, 2005 hearing. 8. At no time during the May !9, 2005 or June 23, 2005 hearings did Respondent deny that the ammonia odors were emanating from his residence. In fact, Respondent admitted that he was taking steps to try to eliminate the odors including -,resenting to the Code Board cat odor CGntr01 prGtlucts SUCH as "Tidy Cat", GtlGr control Cat Utter, and a portable electric air filter. 0 Based on the evidence and testimony :resented Resrondent has V.10111"� i the pity of Cape Canaveral Code of Ordinance , to :`:it: a stronn, offensi`:e odor fe * our a`3 �a�+ iii�urine/feces (aiTni�oni$) iS emaemanatingiroril Respondents residence (Unit E503 at 605 Shorewood Drive) that constitutes a public nuisance which is endangering the life or health of the occupants residing near said unit and obstructing the reasonable and comfortable US e of the surrounding pr oper tieS. BASED UPON 's HE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREW11 ORDERED: iia IViav -23 a 05 n or e Code Enforcement lar is hereby T.= , �, _��_ order th-�:.i r-�•�. t B _ d , sulperce^ed by this , .., Amended Order. ?.Respondent shall irm'm>rnediately take whatever steps are necessary to properly clean Unit E503 so that the ammonia odor emanating from the exterior of the unit is completely eliminated. Further, commencing June 2A, X045, Respondent shall ray a fine in the amount of Two Hundred Fifty Dollars'$250.001 per day until such date that the Code Enforcement . Board confirms that the violation has been brought into full compliance as required hereunder. 3. Due to the gravity of the violation and serious health threat involved, the Code Enforcement Board commands that Respondent retain the services of a qualified Indoor Environmental Hygienist who shall confirm, in a written report, to the Code Enforcement Board that the ammonia odor described herein has been eliminated, the nuisance has been abated. and Lite violation I las otl lerwise been brought into compliance with the City Code. Said report shall be delivered to the Code Enforcement Board on or before its next meeting on July 28, 2005. 4. If Respondent fails to provide the written report to the Code Board as required hereunder, the Code Board requests that the City take whatever la:-rfu1 steps are necessary to enforce this Order and bring the violation into compliance. 5. The Clerk of the Code Enforcement Beard shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent(s); 0 Any and all future recurrence(s) of any violation(s) addressed herein after sante has/have bef-n ^orrected shall necessitate further proceedings before the CodeEnforcement Board without necessarily providing Respondent's) an opportunity to correct such violation's) and that the Code Enforcement Board, upon finding such repeat violation(S) exists) shall impose a fine not to exceed Five Hundred Dollars ( 500.U0) per r ,M%1 for each repeat `-:iolatinn. beyirininy on the first day'he repeat `•:iolati_^(S% ., . is/are found to exist. % Re-Snnnrjc.flt sh ll �-i�n h -fa rPczn.nnCihIr_ for nnsts inn •rr-�i hil the r itv n' ..j ... ,:.... :...:. !v: .... u::.. J .s. f Ca Ve Canaverai. consistent vrith Section 152.09. i—tica Statutes. for costs of enforcement and/or for reasonable repairs made to Respondent's property by the City of Cape Cain— feral or its designee to correct any violation that the Soars deems a serious threat to the public health, safest and welfare. TL`s ____—1.fn�......�er.} Qo.,r.� l �$re b`, r. ear,.�iaS the ri- ht 4� fn f! irfher necessai J aCtioi i against the Respondent to entor ce .its Order and correct any violation on the Respondent's property, in accordance with Section 152.09, r9r,ida Statutes. DONE AND ORDERED at Cape Canaveral, Florida, this 23'tl day of June, 2005. Copies furnished to: Respondent, Paul Jindra Cape Canaveral Ci Council Cape Canaveral Case File CODE ENFORCEMENT BOARD OF THE CI I Y OF CAPE CANAVERAL, FLORIDA . T_?&ie. VcA_� - Mary muss - , Chaiirperson d Code Enforcement Board Meeting Minutes July 21, 2005 Page 2 Code Enforcement Officer, Duree Alexander testified that this Case has been heard, the Board Order was sent, and the Respondent is still not in compliance. Officer Alexander stated that Mr. Patel requested to be heard. Mr. Patel, property owner, testified that he has removed some of the signs in the window and is requesting more time to come into compliance. The Board questioned Mr. Patel whether he understood how to come into compliance. Officer Alexander instructed him how to come into compliance. Mr. Patel stated that he understood. Discussion followed. Motion by Mr. Holfve, seconded by Mr. Godfrey to find Case No. 01-0008 remains in non- compliance of the Board Order and no extension is granted. Vote on the motion carried unanimously. 2. Case No. 02-00212 — Violation of Section 34-98 Building Appearance and Maintenance, of the Cape Canaveral Code of Ordinances, (8200 Astronaut Blvd.) — Magma Trading Corp., c/o Rudy Hardick, Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case History and presented exhibits for the Board's review. Officer Alexander testified that Mr. Hardick is requesting the Code Enforcement Board recommend that Council approve the satisfaction or reduction of the lien based on the satisfactory completion of the demolition of the building or the completion of a building permit for rehabilitation of the building within six (6) months. Mr. Hardick, property owner testified that he believed he was in compliance based on a statement from the former Code Enforcement Official, Morris Reid. Mr. Hardick further stated that he would like the lien to be abolished and stated that he intends to do something with the building very soon, however he requested that a specific stipulation or time restraint not be placed in the motion. The Board expressed their concerns to Mr. Hardick regarding the length of time that the building has been vacant. Discussion followed. Motion by Mr. Godfrey, seconded by Ms. Russell to recommended that City Council approve the satisfaction of lien to take place immediately upon satisfactory completion of the demolition of the building within six months or upon completion of a building permit for rehabilitation of the building within six months. Discussion followed. Vote on the motion carried unanimously. 3. Case No. 05-00043 — Violation of Section 34-96 Standards Established of the Cape Canaveral Code of Ordinances, (605 Shorewood Dr.) — Paul Jindra, Property Owner. Code Enforcement Officer, Duree Alexander, requested that the Board withdraw this Case from the Agenda; due to the fact that the Board Order prepared by the City Attorney gave the respondent until July 28, 2005 to come into compliance. Motion by Mr. Hartley, seconded by Mr. Godfrey to withdraw Case No. 05-00043 from the agenda. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 19, 2006 Page 2 COMPLIANCE HEARINGS: Case No. 05-00043 — Violation of Section 34-96 Standards Established, of the Cape Canaveral Code of Ordinances, (605 Shorewood Dr.) — Paul Jindra, Property Owner. Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that Walter Bandish, Assistant Public Works Director; Duree Alexander, Code Enforcement Officer; Douglas Seeley, Property Manager; and David Anderson met on the property on October 16, 2006. Officer Alexander stated that, with numerous ozone machines running and the carpeting replaced, there was no odor present. On October 19, 2006, Mr. Bandish conducted another site inspection after the machines had been turned off and the unit had been closed up. His inspection indicated that there was no odor present. Officer Alexander respectfully requested that the Board find the respondent in compliance and amend the Board Order to remove the condition that required the Respondent to obtain a report from an Environmental Specialist. Motion by Mr. Stewart, seconded by Mr. Hale, to find Mr. Jindra in compliance and amend the Board Order to remove the Environmental Specialist report previously required. Vote on the Motion carried unanimously. 2. Case No. 05-00101 — Violation of Section 94-11. Maintenance. Notice to Repair, of the Cape Canaveral Code of Ordinances. (6103 N. Atlantic Ave.) — JWL, LLC. c/o Keith Bennett, R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent submitted a permit application to renovate the existing ground sign. Officer Alexander further stated that the proposed submittal would bring the sign into compliance. Officer Alexander respectfully requested that the Board give the respondent until January 25, 2006 to come into compliance. Discussion followed. Motion by Stewart, seconded by Mr. Hale, to give the respondent until January 25, 2006 to come into compliance. Vote on the Motion carried unanimously. 3. Case No. 06-00030 — Violation of Section 104.1.1. and 105.4. Florida Buildino Code - Permits & Inslections: Section 96-6. Prohibited Signs: and Section 22-40, Approval Prerequisite for Permits, of the City of Cape Canaveral Code of Ordinances. (8050 N. Atlantic Ave.) — Pravin & Jyostna Patel, Property Owner. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. F City of Cape Canaveral CODE ENFORCEMENT BOARD ( OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Paul Jindra, Owner of the Property located at: 605 Shorewood Drive Unit E503 Case #05-00043 CFN 2006316165, ge 9855, 11/01 2006 at 0 08:17AM Scott EllisR BK 5714 , ed Clerk Of Courts, Brevard County # Pgs:3 LEGAL: SHOREWOOD CONDO PH V, UNIT E503 AS DESC IN ORB 3693 PG 1010 Respondent, SECOND AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2005, June 23, 2005, and October 19, 2006 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exists or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation of Sections 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation; 2. Section 34-96(d) provides, in relevant part, that "[e]xterior property areas of all premises shall be kept free of all nuisances ... or conditions which may crate a health . . hazard." Section 34-91 defines nuisance to mean "everything that endangers life or health, gives offense to senses, violates the laws of decency or obstructs reasonable and comfortable use of property." 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com 3. The Respondent either able time period provided in the of the hearings before the Code and June 23, 2005 hearings and was Anderson by Limited Power of Attorney; Case #05-00043 failed or refused to correct such violation within the Notice of Violation; that the Respondent was provided Enforcement Board, was present at the May 19, 2005 represented at the October 19, 2006 hearing by David 4. At the October 19, 2006 compliance hearing, Code Enforcement Officer Alexander testified that significant efforts had been made to cure the Property of the outstanding code violations and that multiple site visits confirmed that the Property was free of the strong, offensive odors that were previously emanating from the Property. Code Enforcement Officer Alexander provided that the Property remained free of such odors even after being closed up and unventilated for several days. 5. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: a strong, offensive odor is adversely affecting the surrounding properties causing a "nuisance", pursuant to Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 6. That said violation continues to exist within the City of Cape Canaveral and that such constitutes a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. This Second Amended Order Imposing Penalty on First Violation hereby amends the Amended Order Imposing Penalty on First Violation dated June 23, 2005 2. The Board having heard the testimony presented at its October 19, 2006 meeting, hereby amends its Amended Order Imposing Penalty on First Violation dated June 23, 2005 with regard to paragraph 3 on page 3 which required the Respondent to retain the services of a qualified Indoor Environmental Hygienist. Given the change in circumstances presented to the Board, the Board hereby finds that such Hygienist is no longer required as part of compliance. 3. Upon a finding by the Code Enforcement Board that all other provisions of the June 23, 2005 Amended Order Imposing Penalty on First Violation are met, the Property shall be found in compliance and the Code Enforcement Officer shall issue a Notice of Compliance. 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is/are found to exist. 5. The Clerk of the Code Enforcement Board shall record a certified copy of the Second Amended Order Imposing Penalty on First Violation in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 6. The Code Enforcement Board hereby reserves the right to take further necessary_ Case #05-00043 action against the Respondent(s) to enforce this Order and correct any violations on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE -AND OR©E,RED at Cape Canaveral, Florida, this 23rd day of October, 2006. QiOD� ENFORCEMENT B R F Copies furnished to: Paul Jindra, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this ;2J day of c -c o��� , 2006. Joy Lombardi, Board Secretary Duree Alexander, Code Enforcement Officer Meeting Type: Regular Meeting Date: 12-19-2006 AGENDA Heading Considerations Item 4 No. Funds are not budgeted for these recommended improvements, and will have to be appropriated. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: LITTLE LEAGUE FIELD IMPROVEMENTS DEPT/DIVISION: PARKS & RECREATION Requested Action: City Council consider the request from the Space Coast Little League to make field and lighting improvements. The parks and recreation director has provided options related to the league's request, and has recommended Lighting Option #2 with an estimated cost of $13,845 and resodding of the infield at a cost of $13,620. Summary Explanation & Background: Funds are not budgeted for these recommended improvements, and will have to be appropriated. See attached parks and recreation memo, Space Coast Little League request and proposals. Please advise what options or recommendation you want to proceed with. Exhibits Attached: Parks and Recreation memo; Space Coast Little League request; Proposals City Manager' ice Department PARKS & RECREATION cape-nt\ (i�ydOC}ifI is\admi council\meeting\2UU6\12-19-U6\littieleague.aoc Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parkandrec@cfl.ff.co MEMO TO: Bennett Boucher, City Manager Mayor & Councilmembers FROM: Nancy Hanson, Director, Parks & Recreation Director14 DATE: December 12, 2006 RE: Little League Field In response to the letter sent from Hank Dinnino, Space Coast Little League Vice President, I have obtained quotes for the following, for your consideration: INFIELD GRASS — Includes labor and materials to remove existing sod, laser grade and install rolled Bermuda sod. Note it does not include soil amendments, adding soil or clay or the application of chemicals to assure the sod "takes", in this slow growing season, in time for Little League season which starts in late February/early March. Cost $13,620. Chemsearch, although they discourage replacing the sod at this time due to the short growing time, will oversee the process for $500,00 plus the cost of chemicals. (I am seeking a cost estimate). OUTFIELD GRASS — The request is for a complete resodding at a cost of $38,040.00 for rolled Bermuda. Please note, Bermuda is what Green Blades recommends but is much too high maintenance to put in the outfield. LIGHTING - I met with a representative from Western Florida Lighting, a company that specializes in Sports Field Lighting. I ask for the following options. Keep in mind that the Little League lighting standards at the time the field was (re)lighted with the halide lighting system (in 1981) called for 30/20 candlefoots. The new standard is 50/30. Option 1 — To bring the existing lighting to the old standard (30/20) would require reaiming and relamping the 23 existing fixtures, and, adding 4 cross arms and 8 fixtures to existing poles. Cost for materials (shipped) $4,826.00. This includes the reps time to be on site for the re - aiming but not an electrical contractors charge for new wiring, bucket truck & labor, etc ..... add another $4,000.00 to $5,000.00. Option 2 — Update system to new Little League standard of 50/30. This would require relamping the 23 existing fixtures, add 18 new fixtures, adding cross arms. Materials estimate $7,845.00. Add to this figure approximately $5,000.00 to $6,000.00 for bucket truck, new wiring and labor. OPTION #3 — New complete system includes four- 70' poles and 26 1500 watt light fixtures and cross arms at a cost $16,445.00. Add the removal of existing system, installation of new poles, cross arms and fixtures at an estimated cost of $10,000.00. I have provided you with all the written cost estimates I have received which may help you make some decisions. MY RECOMMENDATIONS: LIGHTING — Option 2. It is my belief that it is more cost effective to bring the system to present Little League standards that to leave lighting at old standard, which will most likely, need to be upgraded in the future anyway. There is a safety factor to consider also. Right now there are some very dark spots in the outfield. GRASS — Resod the infield, have an aggressive program for the outfield that includes ant & weed control, overseeding with a mixture of rye and bahia. One thing to consider if resodding the infield and upgrading the lighting system .... the infield has to be done immediately to assure it playability in time for the start of the Little League season. We certainly don't want bucket trucks and machinery on the newly installed grass. It might be a process that could be accomplished one step at a time. 1. Bring the lights up to Little League standard now 2. Reseed the infield and outfield, fertilize and water 3. Include an aggressive weed and ant control program 4. Resod the infield after the close of the 2007 Little League season 5. Continue an aggressive outfield grass improvement program 7-31-06 yor: Rocky Randels, Nancy Hansen and the City of W L e Canaveral. Ge i tiC A As discussed with Cape Canaveral Mayer, Rocky Randels, the representatives of the Space Coast Little League, including the current President and Board Members as well as incoming President and Board Members, met to discuss possible improvements to Cape Canaveral Little League Fields. The biggest issue that has been continually discusses is that there aren't enough fields. So, we would like to request that the southwest field be returned to a little league field complete with a 200' fence. We are aware that the county granted some money to put the field into its current configuration and there are some fences to climb before changing it back. We are hoping that it would be possible for us, the City of Cape Canaveral and Space Coast Little League, to meet with County Commissioner Ron Pritchard to discuss the true needs of the little league and how the demographics of the area have changed and that we cannot even field a girl's softball team. Try to address what can be done about the grant money as well as see how the county may consider helping in the improvements. If this request is an absolute impossibility, maybe we can have an alternate set of bases put in at little league length and have grass added to the infield so that the field can be safe for baseball practices and still be used for softball purposes. It could be Kind of a dual-purpose type field. There is also a list of improvements that are being requested be made to the existing field that are primarily safety related. Over many years of use the outfield grass has become very uneven with many holes and hills as well as a very dangerous lip has developed in the infield that propels ground balls directly up towards the child's face when it hits it. So as a safety concern we request the city consider the following: • Scrape and level the entire field — re -sod infield and outfield, replace the bases and reconstruct the pitching mound. Outfield grass is in horrific condition with many potholes and uneven surfaces as well the very dangerous infield lip where the grass meets the infield dirt. This lip tends to propel the ball directly at the child's face. This field has served the children of Cape Canaveral well for many, many years but is now in desperate need of some updating so that little leaguers can use it for the next 20. • Add lighting to the infield and outfield light standards — can be done by just adding fixtures to existing structures as there is room on the cross members for additional lights. • Add a water source to the area by home plate and drinking fountain so that field can be wet down before practice and games to keep the dust down. • Either have police enforce the dog waste laws or have the area routinely cleaned. Rocky and I also spoke about trying to add some additional parking. I had an idea that if the changes were made to the softball field including the moving of the fence to 200'. The additional green area that would be freed up behind the fence could be used for parking for both baseball and the children's play area. Thank you all for your consideration and we look forward to hearing back from you, Hank Dinenno 318 Surf Drive Cape Canaveral, Florida 32920 (H) 783-4511 (W) 799-6905 (C)543-1989 Nancy Hanson From: "Bennett Boucher" <boucher-cape@cfl.rr.com> To: "'Nancy Hanson"' <parkandrec@cfl.rr.com> Sent: Tuesday, December 12, 2006 1:49 PM Subject: FW: Little League Field This is the re -sod quote from Green Blades. Bennett Boucher City Manager City of Cape Canaveral, FI. Phone 321.868.1230 Fax 321.868.1224 e-mail boucher-cape@cfl.rr.com www.myflorida.com/cape From: Public Works Dir, Cape Canaveral [mailto:egardulski-cape@cfl.rr.com] Sent: Thursday, November 09, 2006 9:15 AM To: City - Bennett Boucher Cc: City - Nancy Hanson Subject: FW: Little League Field -----Original Message ----- From: Don Soderblom [mailto:dsoderblom@cfl.rr.com] Sent: Thursday, November 09, 2006 6:04 AM To: Ed Gardulski Subject: Little League Field INFIELD: 1. Strip existing turf and dispose of same. 2. Rotovate to a depth of 4-6 inches. 3. Laser grade to meet existing grades. 4. Install certified big roll 419 Bermuda sod. 5. Roll Sod after installation. Note: a. Does not include any soil amendments. b. Does not include import of any soil or clay. c. Does not include grow in maintenance and care. d. It is assumed the irrigation is fully functional with 100% coverage. e. Additional clay can be added at the rate of $1,250.00 per load. SUBTOTAL $13,620.00 OUTFIELD: 1. Strip existing turf and dispose of same. 2. Rotovate to a depth of 4-6 inches. 3. Laser grade to meet existing grades. 4. Install certified big roll 419 Bermuda sod. 5. Roll Sod after installation. Page 1 of 12/12/2006 SUBTOTAL $38,040.00 Note: a. Does not include any soil amendments. b. Does not include import of any soil. c. Does not include grow in maintenance and care. d. It is assumed the irrigation is fully functional with 100% coverage. TOTAL $51,660.00 Page 2 of 2 12/12/2006 DEC -10-2006 06:47 PM CHIEMSi/ ROI P.O. Box 15528 Altamonte Springs, Fl. 52715 (888) 8604494 City Of Cape Canaveral Att: Nancy Hanson-Rec. Dept 407 831 6940 12/09/02 This time Is not the best time to pow In oermuds turf, but It can be done with an aggressive program. First, Makke sure the soil Is amended to provide on organic base And a ph of 7 or below. Second, Lary the sod and apply a liquid starter ferdlizer. Op&Gro 5-20-10 at the rate of 71/2 galkms to 50 gallons of water to the Infkold 9A days apart Third apply 150 Ib. of Mllkxgnite 7 days after the turf was laid. Fourth, In 30 days apply an application of 18.4-8 with slow release nitrogen. This program should provMe an established turf with a bonded root system. You can use your own personal or If you would like, I will apply and monitor the program for 9 500.00 plus chemicals. Ron Kuilk 5r. Grounds Consultant Chemsearch / Optl- Gro Div. P.02 12/12/2006 12:20 2533 Permit Place New Port Richey, FL 34655 Phone: (727) 733-7000 FAX: (727) 733-4009 Fay 7274617162 TOM LOUGFRIDGE PAGE 01/01 FLORIDA SPORTS LIGHTING ❑ Urgent ® For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle • Comments: fl; - Sts 1000 s,1.4vtf, 4 ' w( Crops o.�3 23 M-titl o0 0 L G3 460 B z 6 . nanGy �►,;. ',� }i,,. d�s�q�•►y•ya� `no+fa blssstd•��..t. 16:�s .s o.u. end Iow�.� sff�o e,t�y.nt -yak u� wo �p�vJ u se.. 1rsr 'eke -eat,- lot�'�s are nor. �.�{,ara w` 9'.1 %Cst1sQr,/Q i(1�.CQl�er� --�'-r„�...G�r. C�1Qi'�. � S �Jpa..CEC� 4.x.0. -t�. h►-�'..n-"{ :,+t.r -�-�-'"' "'� "^' �' X� °�'.'--.�[.:i:T.' ' M•�,--1\t%t C-4 N� D A bo HLk 4Ad �E-•�%v,.0 Qs..� 4-o.r•re: � w. o -L! M L -A4 IL M-� T:-4.14 If you do not receive all pages, please contact sander immediately of the phone 0 above. o,P ?4e.L. r 12/12/2006 09:42 7274617162 TOM LOUGHPIUGE PAGE 01/03 2533 Permit Place New Port Richey, FL 34655 Phone: (727) 733-7000 FAX: (727) 733-4008 Fax FLORIDA SPORTS LIGHTING je%., Pages: (including cover sheetl I Subject:�j�,� �,� u►e.r �,� L� d Date: 1( - 6 ❑ Urgent © For Review Q Please Comment ❑ Please Reply ❑ Please Recycle • Comments: �.sl�} bs�► 04 1' 4 f ehft%4' [ to Z� ; '-1 3R.T 6- St.s �,o� wa"'t San�l:�er --- � • O P A) Z 11�dkT� 5. 14 4lw.. YO �1l�i 1 Le C5o rres�'ca►r►4il�s �nP.;AJ /30 F•,V4C-0 A(&.y C—+1•I-r(ai old 18 fr. N..4.sLs 14boo r��� Add.�'" ezoer io exr.-c a I4 �►riwts 9�6$ZS N-et�) �1a•��� CYC/ .Px�s���'j ' A n OA��3 P �;46 ,.. tie... arcs-- O-ra. y. IDI. If you do not receive all pages, please contact sender immediately at the phone 0 above. w Rrw Q�dddd �, g Y ai 77 u d d v rid" J dodgy F ti ON Q r O v } Z OT o s Q 3 o Z too Zixi i� Ncl, w t Z r z -" � m om � N ac � a iii A it ZQ N HJw 4� D XVID A aH�` La q yr r p .+ U Z LL J br �9 � U m m 0 N y�y Do w co m -a m n N N N Pl N wn .. N M M 9 N Qj = h- y. s : N y Y N W N lam'/ Iaa q l'M7 N w Q r 0 m cn i a ndu Cl) / Pf A w N v Y fA7 t7 i♦ r r Iff r ^ N � o Ir In t" in fin �e w- � tlp $ A' in Q N CO W � i0 ..whnN H s i i aN. 'YSwi�6�N� N b� yah N ooao 8 O H ��v O inn 7nNJ Meeting Type: Regular Meeting Date: 12-19-06 AGENDA Heading Ordinances -l' Reading Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 22-2006, AMENDING CHAPTER 110, REPEALING THE SPECIAL EXCEPTION REQUIREMENT FOR PUBLIC RECREATIONAL AREAS AND FACILITIES AND PUBLIC UTILITY EQUIPMENT, PROVIDING THESE AS PERMITTED USES DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading, Ordinance No. 22-2006, amending Chapter 110, repealing the special exception requirement for public recreational areas and facilities, public utility equipment and providing these as permitted uses as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached P&Z memo and ordinance. I recommend approval. Exhibits Attached: Ordinance No. 22-2006; P&Z memo; Building Official memo City Manage ' ffice _ Department GROWTH MGMT/P&Z m\myd cumen admin\council\meet- \2006\12-19-06\22-2006.doc ORDINANCE NO. 22-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES; AMENDING THE R-1, R-2, AND R-3 ZONING DISTRICTS TO MAKE PUBLIC RECREATIONAL AREAS AND FACILITIES PRINCIPLE USES; REPEALING THOSE SUBSECTIONS IN THE R-1, R-2, AND R-3 ZONING DISTRICTS WHICH PROVIDE THAT PUBLIC RECREATIONAL AREAS AND FACILITIES MAY BE PERMITTED BY SPECIAL EXCEPTION; AMENDING THE R-1, R-2, R-3, C-1, M-1 AND C-2 ZONING DISTRICTS TO MAKE PUBLIC UTILITY EQUIPMENT, USES AND RIGHTS-OF-WAY PRINCIPLE USES WHEN SUCH USES ARE ESSENTIAL TO THE NEIGHBORHOOD IN WHICH THEY ARE LOCATED; REPEALING THOSE SUBSECTIONS IN THE R-1, R-2, R-3, C-1, M-1 AND C-2 ZONING DISTRICTS WHICH PROVIDE THAT PUBLIC UTILITY EQUIPMENT, USES AND RIGHTS- OF-WAY MAY BE PERMITTED BY SPECIAL EXCEPTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Code currently provides for public recreational areas and facilities in the R-1, R-2 and R-3 zoning districts by special exception only; and WHEREAS, the City Council desires to establish public recreational areas and facilities as principle uses within the City's residential zoning districts; and WHEREAS, the City Code currently provides for public utility equipment, uses and rights- of-way to be located in the City's zoning districts by special exception only; and WHEREAS, the City Council desires to establish public utility equipment, uses and rights- of-way as principle uses in all of the City's zoning districts when such public utility uses are essential to the neighborhood in which they are located; 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. 22-2006 Page 1 of 8 Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeon type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-272. Principal uses and structures. The principle uses and structures in the R-1 low density residential district are as follows: (a) Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel;, - Public recreational areas and facilities; (c) Public utility equipment, uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-274. Special exceptions permissible by board of adjustment. City of Cape Canaveral Ordinance No. 22-2006 Page 2 of 8 In the R- l low density residential district, the following special exceptions shall be permitted by the board of adjustment: (1) dult congregate living facilities. • •l_1SK• DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (3) Multifamily dwellings; or (4) Public schools;: Public recreational areas and facilities: Public utility equipment, uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-294. Special exceptions permissible by board of adjustment. In the R-2 medium density residential district, the following special exceptions shall be permissible by the board of adjustment: l!1•� t1 SU R•111!!! l�Ct-111111.1!! M 11.1 pigs •6:4 11l.'saU DS! \`L -1.T1.711 • f 1 t•1.1�7 �'l-l1 • l -1I lel N! OpJ •! l•1•P Lu L11 4K.14 (13) Public and nonprofit private schools with conventional curriculums; public libraries. (23) Churches and other places of worship; parish houses. City of Cape Canaveral Ordinance No. 22-2006 Page 3 of 8 (34) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. �.SUat 111.�.1�1...H1[U/R.1.T1■fJ�af•\`I�1.1.1.NA7�ar\%a�JLAT.a.�l�ll l�llaU.�rl.J...a-A DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (3) Multifamily dwellings; or (4) Public schools;,: Public recreational areas and facilities; Public utility equipment, uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-314. Special exceptions permissible by board of adjustment. In the R-3 medium density residential district, special exceptions permissible by the board of adjustment shall be as follows: (11-2) Public and nonprofit private schools with conventional curriculums; public libraries. (2-3) Churches and other places of worship; parish houses. (34) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. City of Cape Canaveral Ordinance No. 22-2006 Page 4 of 8 DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-332. Principal uses and structures. In the C-1 low density commercial district, the following uses and structures are permitted: 1155) Public utilityequipment, uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-334. Special exceptions permissible by board of adjustment. (c) Special exceptions may be permitted for the following: (12-3) Theatres, drive-in theatres, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of section 10-86 et seq. (134) Carwashes, including polishing, and sale of related materials. (145) Vehicle rental facility, as provided in § 110-556 of this Code. DIVISION 6. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT City of Cape Canaveral Ordinance No. 22-2006 Page 5 of 8 Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: Public utilityequipment, uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-354. Special exceptions permissible by board of adjustment. (c) Special exceptions may be granted for the following: (102) Permanent security living facilities, subject to an annual review and the following: (113) Restaurants. (124) Public buildings. (135) Telecommunications towers, subject to the provisions of section 110-482. (146) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: DIVISION 8. C-2 COMMERCIAL/MANUFACTURING DISTRICT City of Cape Canaveral Ordinance No. 22-2006 Page 6 of 8 Sec. 110-381. Principal uses and structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: 13. Public utility equipment, uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-383. Special exceptions permissible by the board of adjustment. (c) Special exceptions may be permitted for the following: 89. Theaters, drive-in theaters, photographic studios, bookstores and dance studios, unless such uses fall within the scope and restrictions of section 10-86, et seq. 9+6. Carwashes, including polishing and sale of related materials. 10+. Mini -storage and storage warehouses. 112. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. 123. Vehicle rental facility, as provided in § 110-556 of this Code. 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. City of Cape Canaveral Ordinance No. 22-2006 Page 7 of 8 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 .2006. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts 1st Legal Ad Published: First Reading: 2d Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 22-2006 Page 8 of 8 City of Cape Canaveral CITY OF CAPE CANAVERAL Date: December 8, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending All Zoning Districts to Allow Public Parks and Utilities as Permitted Uses Chapter 110 At the Planning & Zoning Board meeting, held on November 29, 2006, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance. Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Zoning Meeting Date: 11/29/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL, AGENDA Heading proposed Ordinance Item # No. City Council's direction and policy to staff. SUBJECT: Review and Recommend Comments for a Proposed Ordinance allowing Public Parks and Utilities as permitted uses in all zoning districts appealing a requirement for special exception in those applicable zoning districts DEPT. /DIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance allowing public parks and utilities and appealing a requirement for special exception in those applicable zoning districts. Summary Explanation & Background: The City Council and Planning and Zoning Board have been engaged in updating the code requirements over that last couple of years, There are codes that may be outdated or in need of updating for consistency with other parts of the code and or to further the City Council's direction and policy to staff. Currently both public parks and utilities require a special exception. These are services provided by the City as part of the health, safety and welfare of the community and should not be encumbered by the requirements, time and costs to the city for the processing of a special exception. There are several ongoing parks and utility projects that are necessary for the efficient and safe utilization of those facilities. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department Memo BUILDING DEPARTMENT Date: November 15, 2006 To: City Council, via Bennett BoZatiCng Manage0J From: Todd Morley, Building Offici RE: Request for Code Amendmeno the requirement for a Special Exception for essential public utility equipment and uses and rights-of-way; in all zoning districts I would like to requesta Code Amendment to sections 110-274(2), 110-294(1), 110-314(1), 110- 334(c)(12), 110-354(a)(10), and 110-383(c)(8); striking the special exception requirements for essential public equipment and uses. Rationale: In all zoning districts, the City code currently allows essential public utility equipment and uses and rights-of-way only by Special Exception (see below). This would put the City in a position to pay for, advertise, obtain public input and require two City Boards to approve or deny requests for equipment and uses that it deems essential. Essential equipment and uses are those that have a direct effect on public safety and health. Because essential equipment and uses should not be debatable, it is my belief that they should be subject only to the normal site plan requirements. Sec. 110-274. Special exceptions permissible by board of adjustment. In the R-1 low density residential district, the following special exceptions shall be permitted by the board of adjustment: (2) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-294. Special exceptions permissible by board of adjustment. In the R-2 medium density residential district, the following special exceptions shall be permissible by the board of adjustment: (1) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-314. Special exceptions permissible by board of adjustment. In the R-3 medium density residential district, special exceptions permissible by the board of adjustment shall be as follows: (1) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-334. Special exceptions permissible by board of adjustment. (a) In the C-1 low density commercial district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (c) Special exceptions may be permitted for the following: (12) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-354. Special exceptions permissible by board of adjustment. (a) In the M-1 light industrial and research and development district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards as set forth in this zoning district. (c) Special exceptions may be granted for the following: (10) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-383. Special exceptions permissible by the board of adjustment. (a) In the C-2 commercial/manufacturing district, after public notice and hearing, the board of adjustment may permit special exceptions which are compatible to permitted uses and which are able to meet the minimum requirements and performance standards, as set forth in this zoning district. (c) Special exceptions may be permitted for the following: 8. Public utility equipment: Uses and rights-of-way essential to serve the neighborhood in which it is located. Meeting Type: Regular Meeting Date: 12-19-06 AGENDA Heading Ordinances -1' Reading Item 6 No. See attached ordinance and P&Z memo. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 23-2006, AMENDING CHAPTER 110, PROHIBITING ESTABLISHMENTS SEEKING AN ALCOHOLIC BEVERAGE SPECIAL EXCEPTION FROM LOCATING WITHIN 300 FEET OF THE SHORELINE OF THE BANANA RIVER OR ATLANTIC COAST DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading, Ordinance No. 23-2006, amending Code Section 110-171, providing that establishments which require a special exception to serve alcoholic beverages may not be permitted to locate within 300 feet of the shoreline of the Banana River or of the Atlantic Coast, as recommended by the Planning Zoning Board. Summary Explanation & Background: See attached ordinance and P&Z memo. I recommend approval. Exhibits Attached: Ordinance No. 23-2006; P&Z memo City Mana s ffice Department GRWTH MGMT/P&Z cape-nt\kim\mydocuments\admin\council\meeting\2006\12-19-06\23-2006.doc ORDINANCE NO. 23-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES, PROVIDING THAT ESTABLISHMENTS WHICH REQUIRE A SPECIAL EXCEPTION TO SERVE ALCOHOLIC BEVERAGES MAY NOT BE PERMITTED TO LOCATE WITHIN THREE HUNDRED (300) FEET OF THE SHORELINE OF THE BANANA RIVER OR OF THE ATLANTIC COAST; 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, section 110-171 of the City of Cape Canaveral Code of Ordinances currently regulates establishments requiring a special exception to serve alcoholic beverages; and WHEREAS, the City Council desires to amend section 110-171 to add an additional requirement necessary to obtain a special exception to serve alcoholic beverages prohibiting establishments seeking such special exception from locating within three hundred (300) feet of the shoreline of the Banana River or of the Atlantic Coast; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikevat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 23-2006 Page 1 of 3 CHAPTER 110. ZONING ARTICLE IV. SPECIAL EXCEPTIONS DIVISION 2. ALCOHOLIC BEVERAGES Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions asset forth in this section and also the following: (1) The establishment shall not be permitted to locate; Within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground. Within three hundred (300) feet of the Banana River shoreline or the Atlantic Ocean shoreline. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the shoreline of the Banana River or Atlantic Ocean. 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 City of Cape Canaveral Ordinance No. 23-2006 Page 2 of 3 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 .2006. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 23-2006 Page 3 of 3 Date City of Cape Canaveral December 8, 2006 Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending Alcoholic Beverage Regulations Section 110-171 At the Planning & Zoning Board meeting held on November 29, 2006, by a unanimous vote, the Board recommended approval of the above referenced Proposed Ordinance with noted changes. Please schedule this item for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Zoning Moeting Date: 11/29/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading proposed Ordinance Item # No. City Council's direction and policy to staff. SUBJECT: Review and Recommend Comments for a Proposed Ordinance for not allowing an Establishment that sells Alcoholic Beverages within 300 feet of the Atlantic Ocean or Banana River Shorelines DEPT./DIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance for not allowing establishments that sells alcoholic beverages within 300 feet of the Atlantic Ocean or Banana River Shoreline. Summary Explanation & Background: The City Council and Planning and Zoning Board have been engaged in updating the code requirements over that last couple of years. There are codes that may be outdated or in need of updating for consistency with other parts of the code and or to further the City Council's direction and policy to staff. There have been unsolicited inquiries about the Johnson Controls site (C-2 Commercial/Manufacturing) which is just north of Center Street and west of North Atlantic Boulevard and adjacent to the shoreline of the Banana River. Inquiries about restaurants in this area have been made with no known act to purchase the property for this purpose; however, the current code would allow a property owner at this location to seek a special exception for the sale of alcoholic beverages. This would not be in keeping with the character of the area. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department Meeting Type: Regular Meeting Date: 12-19-06 AGENDA Heading Ordinances -l' Reading Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 24-2006, AMENDING CHAPTER 110, REPEALING THE PHRASE "HOTELS AND MOTELS" FROM SECTION 110-336 DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading, Ordinance No. 24-2006, amending Chapter 110, repealing the phrase "hotels and motels" from Section 110-336(1)a to make Section 110-336 consistent with other provisions of the city code, as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached ordinance and P&Z memo. I recommend approval. Exhibits Attached: Ordinance No. 24-2006; P&Z memo City Manager's Office Department GRWTH MGMT/P&Z ca im\ ydo nts\admin\counci meeting\2006\12-19-06\24-2006.doc ORDINANCE NO. 24-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES; REPEALING THE PHRASE "HOTELS AND MOTELS" FROM SECTION 110-336(1)a TO MAKE SECTION 110-336 CONSISTENT WITH OTHER PROVISIONS OF THE CITY CODE REGARDING HOTELS AND MOTELS; 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, section 110-336 of the Cape Canaveral City Code currently provides that hotels and motels shall have a minimum lot area of 12,000 square feet; and WHEREAS, section 110-336, as it currently exists, is inconsistent with other provisions of the City Code, specifically, sections 110-332(4) and 110-1; and WHEREAS, the City Council desires to cure this inconsistency within the City Code so as to properly reflect its legislative intent regarding the area and dimension required for lots upon which hotels and/or motels will be constructed; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and striiccoat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 24-2006 Page 1 of 3 CHAPTER 110. ZONING ARTICLE VII. DISTRICTS DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: a. Service stations, , 12,000 square feet. 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 .2006. City of Cape Canaveral Ordinance No. 24-2006 Page 2 of 3 ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 24-2006 Page 3 of 3 From Re: City of Cape Canaveral December 8, 2006 Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Recommendation to City Council Proposed Ordinance Repealing Hotels/Motels on 12,000 Square Foot Lots Section 110-336 (1) (a) At the Planning & Zoning Board meeting held on November 29, 2006, by a unanimous vote, the Board recommended approval of the above referenced Proposed Ordinance. Please schedule this item for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Zoning Meeting Date: 11/29/06 AGENDA Heading Proposed Ordinance Item # No. AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL SUBJECT: Review and Recommend Comments for a Proposed Ordinance appealing Hotels and Motels from Section 110-336(1)a, for consistency within the Code DEIPT./DIVISION: Building Department Re quested Action: Review and recommend comments to City Council on proposed ordinance appealing Hotel and Motels in Section 110-336(1)a for consistency within the Code. Surnmary Explanation & Background: The City Council and Planning and Zoning Board have been engaged in updating the code requirements over that last couple of years. There are codes that may be outdated or in need of updating for consistency with other parts of the code and or to further the City Council's direction and policy to staff. There have been unsolicited inquiries about Hotels and Motels within the City. It has happened in the past that an inquiry about this Code Section comes up. For consistency with other sections of the Code staff would recommend deleting "hotels and motels" from this section. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department