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Packet 06-06-2006 Regular
City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX I Polk Avenue, Cape Canaveral, Florida TUESDAY June 6, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Honorable James E. Morgan BOARD INTERVIEWS: Lynn Mars, Code Enforcement Board Alison Spiesman, Business & Cultural Dev. Board CONSENT AGENDA: City Council Regular Meeting Minutes of May 16, 2006. CONSIDERATIONS: 2. Motion to Approve: First Amendment to the Interlocal Agreement Creating the Brevard Metropolitan Planning Organization. 3. Motion to Approve: Cooperative Purchase of a Bucket Truck in the amount of $59,386. 4. Motion to Approve: Magnolia Avenue Sidewalk Construction Project in the Amount of $49,550. ORDINANCES: First Reading: 5. Motion to Approve: Ordinance No. 03-2006; Amending Chapter 110, Article IV, Division 2, Regarding Alcoholic Beverages; Providing for Patrons of Restaurants Licensed to Sell Alcoholic Beverages to Remove One Unsealed Bottle of Wine from the Premises if Purchased and Partially Consumed with a Full Course Meal; Providing for the Issuance of Temporary Alcoholic Beverage Permits for Certain Convention Halls, Coliseums, and Similar Type Buildings, as well as for Certain Nonprofit Civic Organizations, at First Reading. 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 ity of Cape Canaveral, Florida City Council Regular Meeting June 6, 2006 Page 2 of 2 6. Motion to Approve: Ordinance No. 04-2006; Amending Chapter 110, Zoning, Clarifying the Permitted Uses and Structures in the C-1 Low Density Commercial Zoning District with Regard to Hotels and Motels; Making conforming Amendments, at First Reading. 7. Motion to Approve: Ordinance No. 05-2006; Amending Chapter 110, Article III, Division 3, Regarding Certificates of Occupancy; Clarifying that No Structure Shall be Used or Occupied Until the Building Official Has Issued a Certificate of Occupancy, at First Reading. 8. Motion to Approve: Ordinance No. 09-2006; Amending Chapter 6, Alcoholic Beverages; Prohibiting the Possession of Alcoholic Beverages on the Ocean Beach or Dune in Containers or Greater in Capacity, at First Reading. RESOLUTION: 9. Motion to Approve: Resolution No. 2006-20; Final Replat of Beroja Palms Townhomes: Replat of Lot 7, Block 70, Avon by the Sea Subdivision - (223 & 225 Lincoln Avenue) - Ron Wallen, Applicant. DISCUSSION: 10. Vacant Council Member Seat. 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. 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 Cleric's office (868-1221) 48 hours in advance of the meeting. City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary 14r Re: Recommendation to the City Council Regarding Perspective Code Enforcement Board Member, Lynn Mars. --------------------------------------------------------------------------------------------------------- On May 25, 2006, The Code Enforcement Board interviewed Lynn Mars and recommended that City Council appoint the applicant as a second alternate member to the Code Enforcement Board. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL APA 1 n6 APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD O MITTEE�� Pursuant to Section 2-171, Cape Canaveral Code !'�4, fila City Code requires prospective and existing board members to fill out also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: L Y /%/A/ /id A Iq 2. Home Address: AA b T_ S- 0 Al" 4 3. Home Telephone: 7 Q 4. Occupation: R = rx R D 5. Business Telephone: Al -1 9 6. Business Address: All B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. Are you duly registered to vote in Brevard County? 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. 3b. If yes to 3a, have your civil rights been restored? 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: 0(y) — (N)— a— (N)— 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being —A4 -X_ appointed to a board or committee. Do you voluntarily IV initials consent to having a standard background check performed on you by the City of Cape Canaveral? �� (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? :(N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: T Loi, F TI/e- G.2tx 4 NO x 6&-LT[-1✓C-' I -W& S�lv�,L� 0 v rn ��! �9 if T y -v Pi4 c-: L-72 VV x is & CAA.- r Y, / C"" -Y 2. Briefly state any prior experiences in serving on any governmental board or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: -die-f' 5Ar} GC ,s ,W,%ts t7L 1 -aa �J C-IrL�� fwW. � fiL�.C'# - %f%1 P& 4. In numerical sequence (1 = most interests please 4nk which advisory board or committee on which you wish to serve: e" K f e-`A,CE t Ao 1Y' 14 AJ- 4-�' D CC S rJ1 AsV 7",cd/f j- -4 XC CvN rif 0Vi-C-416 a. Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board 0 �_ Code Enforcement Board - e. Community Appearance Board" f._ Construction Board of Adjustment and Appeals` g. Library Board h. _ Planning and Zoning Board* i. Recreation Board j. Other: 'Members of these boards am required to complete and file with the Supervisor of Elections a Financial asclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE African-American Asian -American HispanicrAmerican Native American Caucasian Not Known EG NDER Male Female Not Known DISABILITY AZA-Z.C'rz GPhysically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Office Use Only: Date Appointed: Appointed by: Board Appointed to: Term Expires: City of Cape Canaveral Memo To: Bennett Boucher, City Manager �3 Susan Stills, City Clerk From: Ed Lawson, Secretary, Business and Cultural Development Board Date: 5/25/2006 Re: Request for Board Member Interviews The Business and Cultural Development Board has interviewed Ms. Alison Spiesman as the prospective 2`d Alternate to the Business and Cultural Development Board. The board recommends that City Council appoint her an alternate member to the Business and Cultural Development board at the June 6, 2006 City Council Meeting. Respectfully, 6 OY iUO4 Ed Lawson Secretary, Business and Cultural Development Board Attachments Board Application and Resume 1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 * www.mvflorida.com/cap CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2471, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: aw ie. gg A✓tl 2. Home Address: Fi7 7,5 �c.. a-- e -E-, 3. Home Telephone: �y ge 10 YS 7 3 4. Occupation: 5. Business Telephone: 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. / 1. Are you duly registered to vote in Brevard County? (17 (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y)Z(N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a / conviction for purposes of this question. m (N) 3b. If yes to 3a, have your civil rights been restored? m (N) 4a. Do you presently serve on any other City of Cape /— Canaveral advisory board or committee? (Y) (N) 4b. If yes to 4a, please list each: ,,. 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily consent to having a standard background check performed on you by the City of Cape Canaveral? 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) (N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. //B�riefly state your interest in serving on . City adviso board or committee: t bq�4yow•a.�- ,X .('a�n'w/ � v,r � w -t Imo. a, ca Ne a t ",;tom �. - s � ,?- •t h d •�, • 2. Briefly state any prior experiences in serving on any governmental board or committee: a"CtJY v -! a`' Lf v✓J� SO `G, Q. -:I-- 3. lease list any specialized skills and training (e.g., architect, drigirleer, general contractor, etc.) that you feel help to qua�l'��yy you fpr membership on the desired board or committee:j"kv: l�+ylew�b��c-fzcu rr�l„�'�f4 .. cati,Q�►Q lewn�..,.a�_5 �� tom. --�C�✓ t--�-+cs� -K�- C.C. 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Beautification Board b. Board of Adjustment* C. � Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other. *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July T of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-AmericanMale Asian -American Female Hispanic -American Not Known Native American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 Use Date Appointed: Appointed by: Board Appointed to: Term Expires: ALISON S. SPIESMAN www.paradiseparasol.com 8773 Live Oak Ct. Cape Canaveral, FL 32920 p: 321-868-4410 c: 432-7231 p/f: 868-7880 alison@paradiseparasol.com Born February 11, 1959. Aiken, South Carolina Education Bob Jones University, Greenville, SC M.F.A. (1985-1990) (combined masters: fine arts & communications) University of South Carolina, Columbia, SC post graduate studies, 1985 East Carolina University, Greenville, NC B.F.A. (1977-1981) Experience Paradise Parasol artist & owner (2004-05) Vivify Design, partnership (2005) EDGE MIS co-owner & Marketing 1996-2003 Professional Artist, Cocoa Beach, FL 1992-2003 ReNewell Inc., Columbia, SC Restoration in -painter (1995-1998) U.S.C. Continuing Education, Columbia, SC Art instructor 1994 Newberry College, Newberry, SC Associate faculty, professor of art, 1993 Central Piedmont Community College, Charlotte, NC Position art instructor & gallery manager 1992 Artefino, Charlotte, NC gallery manager 1991 Virtual Exhibit 2002 2002 Independents' Show, International Competition, www.punta contemporary artcenter.com, "Amazon" 2nd place winner, July 4- Oct. 4, Hawaii, USA 2002 "Artist of the Month" Sept. Babele Arte, www.218ac.it, Picenza, Italy 2002 Spring Award Bled 2002, International Juried, www.wf-a.si, Slovenia Solo Shows 2002 "Nostalgia" featured on Rad Race Team Car, Celebrating Women's Month Florida TodavT.G.I.F., Artists work up for auction at Women Center Fundraiser Press Tribune , "Artist Celebrates Victory of Women Over Tribulations" C.B. FL ALISON S. SPIESMAN www.paradiseparasol.com 8773 Live Oak Ct. Cape Canaveral, FL 32920 p: 321-868-4410 c: 432-7231 p/f: 868-7880 alison@paradiseparasol.com 2002 "VeryLarge Spirit", Warwick Center, UNC Wilmington, NC 2002 "ECU 1981", Mendenhall Gallery, East Carolina Un., Greenville, NC 2000 "GAME" Alison S. Spiesman, Brevard Community College/University of Central Florida Library, Cocoa, FL 1997 Alison Spiesman, Intermezzo & Goatfeathers, Columbia, SC 1997 " Pg. 156 " (gallery talk), HoFP gallery, Columbia, SC 1995 PLANETS, Wachovia Gallery, Richland County Public Library, Columbia, SC 1994 Alison Spiesman, One—Two—Three, Murraywood Centre, Columbia, SC 1990 Alison Smith (graduate exhibit), Art Department Gallery, Bob Jones University, Greenville, SC Group Shows 2006 "Alumni Exhibition" Grey Gallery, East Carolina Un. School of Art & Design 2006 "Builder's of Communities & Dreams", Florida C C/E National Museum of Women in the Arts installation exhibition in Deland Florida, (Rotunda) 2002 "Bold & Beautiful", Orlando Museum of Art, 1st Thurs Florida Committee National Museum of Women in the Arts, (chair of event/annual gathering) 2002 Florida Committee, National Museum of Women in the Arts, 1st Annual Gala & Auction, Live Auction, Tallahassee, FL 2002 4th All Media Exhibit, National/juror Judith Cizek, TouchstoneGalleryDC Florida Today, "Painter's Oil in D.C. Exhibit", Melbourne, FL 2001 PULCHERIA ARTE, International Women's Art Festival, Piacenza, Italy www.218ac.it Pulcheria Arte Artist 2001 1st Annual SE Regional Juried Exhibit, Art International Ashville_s Gallery One, Ashville NC, Juror: Tom Riesing 2001 Abstractions & Impressions, Gallery 71, Cocoa Beach, FL 2001 MUSE: A FEMALE PERSPECTIVE Orlando Museum of Art, Orlando, FL 2001/02 SPRING SOIREE & ART AUCTION, Live Auction ALISON S. SPIESMAN www.paradiseparasol.com 8773 Live Oak Ct. Cape Canaveral, FL 32920 p: 321-868-4410 c: 432-7231 p/f: 868-7880 alison@paradiseparasol.com WomanMade Gallery, Chicago, IL 2001 The FEMININE JOURNEY (two-man exhibit) Harris House of Atlantic Center for the Arts, New Smyrna Beach, FL 2000 "GARMENTS", (National Juried), WomanMade Gallery, Chicago, IL Juror: Fern Samuels 2000 Lucky Street Gallery, Walk on White St. Key West, FI 1999 Aid for the Arts, silent auction, Merritt Island, FL 1999 Tux n Tennies, Art Auction, Brevard Museum of Art and Science, Melbourne, FL 1998 Airport Extravaganza, Art in Public Places, Melbourne International Airport, Melbourne, FL 1998 Tux n Tennies, Art Auction, Brevard Museum of art and Science, FL 1998 FOUR WOMEN, Avery Gallery, Marietta, GA 1998 SISTERFAIRE _98, Silent Auction sponsord by Sistercare, Gallery 701, Columbia, SC 1998 Honoring African Americans and Women, Orangeburg Fine Arts Center, Orangeburg, SC 1998 The Dream House, Columbia Metropolitan Magazine, (Mais Oui), Columbia, SC 1998 Florence Museum Statewide Art Competition, Florence Museum Florence, SC 1998 VOICES, ARTISTA VISTA, Gallery 701, Columbia, SC 1997 Vista Lights, Gallery 701, Columbia, SC 1997 Vista Lights, Motor Supply Studio Exhibit, Columbia, SC 1997 Holiday `open house", Mais Oui, Columbia, SC 1996 Artist Against AIDS, Carolina Coliseum, Columbia, SC 1996 Annual Silent Auction, Columbia Museum of Art, Columbia, SC 1995 Annual Silent Auction, Columbia Museum of Art, Columbia, SC 1995 Springtime Affair with the Arts, The SC State Museum, Columbia, SC ALISON S. SPIESMAN www.paradiseparasol.com 8773 Live Oak Ct. Cape Canaveral, FL 32920 p: 321-868-4410 c: 432-7231 p/f: 868-7880 alison@paradiseparasol.com 1994 Regional, National, & International; Devine Art & Coffee Capitol City Club, Columbia, SC 1993 1118 Main Street, Newberry College faculty exhibit, Newberry, SC 1993 Spoleto Season Exhibit, Tidwell-Slavens, Charleston, SC 1992 Sensuous Forms, URSA Major, Charlotte, NC 1987 In Search of Excellence Southeastern juried invitational, Center Gallery, Chapel Hill, NC 1985 Guild of SC Artists annual juried exhibit, Gibbes Museum of Art, Charleston, SC 1981 Three Local Artists Camden Fine Art Center, Camden, SC Collections 1999 HRH, Tony Corrigan, Gort Ireland 1997 Qualtech Ltd., ISO 9002, Tony Corrigan, Gort, Ireland 1995 B.B. & T. Bank, main office, Columbia, SC 1995 PLANETS, commission, Tony Corrigan, Gort, Ireland 1994 SEASONS, commission, Tony Corrigan, Gort, Ireland Publications & Reviews 2002 Florida Today T.G.I.F., Special Events, Artist's work up for auction at Women's Center fund-raiser, Amanda Kendrick, Melbourne FL 2002 Press Tribune, Race Car & Artist Partner for Women, Amanda Kendrick, 2002 Press -Tribune, Artist celebrates the victory of women over tribulations, Ann C. Samuels, Cocoa Beach -Pt. St. John. FL 2002 Florida Today, Painter's oil in D.C. exhibit, Art Collections 2002 Daniel Smith Catalogue, "Timepiece II" oil on canvas, image. 2001 Space Coast, Local Artists Exhibit Works, Cocoa Beach FL 2001 Florida Today, Artist Tours in Solo Show, Art Collections ALISON S. SPIESMAN www.paradiseparasol.com 8773 Live Oak Ct. Cape Canaveral, FL 32920 p: 321-868-4410 c: 432-7231 p/f: 868-7880 alison@paradiseparasol.com 2001 Florida Today, New Sites post artist's work, Art Collections 2001 Florida Today, Artist Exhibits in Abstracts, Art Collections 2001 The Daily Journal, Two on 'Feminine Journey', Paul Marseglia New Smyrna Beach, FL 2001 The Observer, Paintings will explore, 'The Feminine Journey' Sandi Carroll, New Smyrna Beach, FL 2001 Atlantic Center for the Arts, newsletter, "The Feminine Journey' Paintings by: Susan Botero & Alison S. Spiesman 2000 Florida Today, Art Collections, "Brevard artist's work accepted in Chicago exhibition", Pam Harbaugh, Melbourne, FL 2000 Florida Today, (un)refined arts T.G.I.F., "Hot Stuff', Pam Harbuagh, Melbourne, FL 1998 Columbia Metropolitan magazine for the midlands, 1998 Dream Home, (reproduction of art), Columbia, SC 1998 The State, "A Winning Show Pushes Gallery 701 to New Level", Jeffrey Day, Columbia, SC 1998 Freetimes, "Twenty Years After The Dinner Party: Voices and The Art Of Women", Teri Tynes, Columbia, SC 1997 The Evening Reader, No. 5 Sept., (reproduction of art) Clinton, SC 1997 The Official South Carolina Collectors Guide, representing HoFP gallery, Landrum, SC 19977 The State Newspaper "Joint Openings Keep Art Alive on Devine." Jeffrey Day, Columbia, SC 1995 Carolina Arts Magazine, "The Richland County Library Shows Work Based on the Planets", Charleston, SC 1993 The Newberry Observer, "Art Exhibit Opening At 1118 Main Street" Studio May 14, Newberry, SC Television Programs 2000 NASA TV Gallery, FOCUS, NASA, Alison S.Spiesman/interview Brevard County, FL 2000 Brevard Community College Broadcast, WBCC, Human Interest Stories, By: Suzi Finelli, BCC/UCF campus, Cocoa, FL ALISON S. SPIESMAN www.paradiseparasol.com 8773 Live Oak Ct. Cape Canaveral, FL 32920 p: 321-868-4410 c: 432-7231 p/f., 868-7880 alison@paradiseparasol.com 2000 Brevard Community College Broadcast, WBCC, Connections, "GAME" series images featured, BCC/UCF campus, Cocoa, FL Feature Writings 1999 Florida Today, Arts & Leisure, "Atlantic Center Offers Community Intimate Evening", In The Arts, Alison S. Spiesman 1998 CPCA, gallery 701, "VOICES" Preview Review, by Alison S. Spiesman 1998 MW Magazine for the Midlands Woman, "the Art of Business" by Alison S. Spiesman Awards & Honors 2005 Florida Committee of the National Museum of Women in the Arts Honors Bold & Beautiful 2002 curator, Sept. 22, 2005 2003 Invited to: BIENNALE INTERNAZIONALE Dell Art Contemporanea, Florence Italy (due to personal family crisis was unable to attend) 2002 2002 Independent's Show, International Competition, 2nd Place Award Puna Contemporary Art Center, www.punacontemporaryartcenter.com 2002 "Nostalgia" featured with RAD RACE TEAM car, Women's Month 1997 VOICES exhibit committee, Gallery 701, Columbia, SC 1995 Nominee for programs of excellence, NUCEA region 111, U.S.C. Continuing Education Division, Columbia, SC 1993 Women's Artist Series committee, Newberry College, Newberry, SC 1991 Artefino, voted best gallery, Creative Loafing Magazine, Charlotte, NC 1985 Award of Merit, GSCA annual juried show, Charleston, SC 1981 Outstanding Senior Award, East Carolina University, School of Art. Greenville, NC 1979 Richard Demarco Edinburgh Arts Journey, Studies abroad, (summer trip) 1977-1981 Resource Scholarship, E.C.U., Greenville, NC ALISON S. SPIESMAN www.paradiseparasol.com 8773 Live Oak Ct. Cape Canaveral, FL 32920 p: 321-868-4410 c: 432-7231 p/f: 868-7880 alison@paradiseparasol.com Note: My Formal Internationally exhibited professional art was retired post 2003 personal circumstance Gallery Representation SPIESMANART Avery Gallery 390 Roswell Street Marietta, GA 30060 HoFP Gallery 2828 Devine Street Columbia, SC 29205 Lucky Street Gallery 1120 White Street Key West, FI 33040 Artist Registries SPIESMANART Babele Arte, World Artists, www.218ac.it, Piacenza, Italy Archives of the Library and Research Center, National Museum of Women in the Arts, Washington, QC Women Artist Archives, Sonoma State University, Sonoma,CA Artist Slide Registry, WomanMade Gallery, Chicago, IL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY May 16, 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 Council Member Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk Building Official Public Works Director PRESENTATION: Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Todd Morley Ed Gardulski Sarins Single -Family Beautification Award Mayor Randels called on Ms. Mary Jo Laws to present the award to the Spring Single - Family Award winners. She presented the award to Martin and Jeannie Gaydan of 389 Coral Drive in Harbor Heights. The Gaydan's thanked the City Council and the Board for their recognition. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of May 2, 2006. 2. Proclamation for Management Week. Mayor Randels asked if Council, staff or any interested party desired to remove any of the items for discussion. City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 2 of 8 No request was made to remove any of the items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 and 2. The vote on the motion carried 6-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 3. Motion to Approve: Bid No. 06-02 Lift Station No. 1, Sewer Force Main Replacement, in the Amount of $797,000 to Maxwell Contracting Inc. Mayor Randels stated that the City Manager, the Public Works Director and the City Engineers found the bid high. Ed Gardulski, Public Works Director, requested to reject the bid and to re -bid the project in the fall. He replied to Mayor Randels that the Department is prepared for any unanticipated line breaks. Mr. Gardulski replied that he did not expect a decrease in the cost. He stated that $400,000 was budgeted for the costs; however, the bid received was twice that amount. Mr. Gardulski replied to Mr. Nicholas that he was more concerned with excavation than any residual effects of a hurricane. Mayor Randels referred to a previous bid for $395,000 from Wiring Technologies in March; however, that bid was withdrawn. The Mayor explained that the current bid was based on the previously submitted pricing. Mr. Morgan stated that since the City Manager and the Public Works Director were confident in responding to any anticipated line breaks, he was in favor of rejecting the bid submitted. Mr. Petsos expressed his preference for more than one bid. Mayor Pro Tem Hoog reminded that the projected year for installation was extending into 2008. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Reject Bid No. 06-02 for Lift Station No. 1, Sewer Force Main Replacement in the Amount of $797,000 to Maxwell Contracting, Inc. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. 4. Motion to Approve: Grant Agreement with the Florida Department of Environmental Protection in the Amount of $314,770. Mayor Randels stated that the City's Stormwater Administrator submitted this grant for improvements to an open drainage between A & B Builders and the Gould's Mobile Home Park. The City would pay 25 percent of the total cost and this would provide a significant amount of the City's stormwater treatment. Mayor Randels explained that this would improve the stormwater flow into the Banana River. Mayor Pro Tem Hoog asked if there were plans to remove the Brazilian Pepper trees along the canal. Mr. Gardulski replied that the pepper trees would be eradicated with the project. Ms. Shannon Roberts asked about the proposed walkway along the canal. Mayor Randels replied that the drainage City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 3 of 8 project addresses the northern segment of the same waterway. Mr. Gardulski replied to Mr. Lamar Russell that the existing artesian springs were previously capped. He informed that the project would begin in the next budget year. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve the Grant Agreement with the Florida Department of Environmental Protection in the Amount of $314,770. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For, Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. ORDINANCES: First Reading: 5. Motion to Approve: Ordinance No. 07-2006; Amending Chapter 98, Subdivisions, Article II, Plats, Division 3. Preliminary Plat; Clarifying the Role of the Planning & Zoning Board Regarding Preliminary Plat Approval; Providing for the City Council to Make Final Decisions Regarding the Approval or Disapproval of Preliminary Plats, at First Reading. Mayor Randels read Ordinance No. 07-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVRAL, FLORIDA, AMENDING CHAPTER 98, SUBDIVISIONS, ARTICLE 11, PLATS, DIVISION 3, PRELIMINARY PLAT; CLARIFYING THE ROLE OF THE PLANNING AND ZONING BOARD REGARDING PRELIMINARY PLAT APPROVAL; PROVIDING FOR THE CITY COUNCIL TO MAKE FINAL DECISIONS REGARDING THE APPROVAL OR DISAPPROVAL OF PRELIMINARY PLATS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that the City Manager found that Florida Statutes Section 117.07(1) states that a municipality's governing body must approve and show approval of Preliminary Site Plans. Attorney Garganese informed that the City code needed language to clarify the Council's final decision-making authority regarding plats. Mayor Randels read the Whereas Clauses for the audience's clarification. Attorney Garganese affirmed for Mr. Garboski that the Council could override the Planning and Zoning Board's decisions. Mayor Randels explained that the Council might receive additional information that would assist them in rendering a final decision. Attorney Garganese concluded that the Planning and Zoning Board is a recommending Board to the City Council. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 07-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 4 of 8 6. Motion to Approve: Ordinance No. 08-2006; Amending Chapter 26, Elections; Changing the Qualifying Period for Candidates and Write-in Candidates for the Offices of the Mayor and City Council to be Consistent with the Requirements of the Brevard County Supervisor of Elections, at First Reading. Mayor Randels read Ordinance No. 08-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 26, ELECTIONS, OF THE CODE OF ORDINANCES; CHANGING THE QUALIFYING PERIOD FOR CANDIDATES AND WRITE-IN CANDIDATES FOR THE OFFICES OF THE MAYOR AND CITY COUNCIL TO BE CONSISTENT WITH THE REQUIREMENTS OF THE BREVARD COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mayor Randels explained that the current qualifying period begins on the 74"' day prior to the General Elections; however it ends following the deadline for Ballot information. The proposed ordinance would allow seven additional days to re-establish the qualifying period and adhere to the Supervisor of Elections deadline. Mayor Pro Tem Hoog questioned why the necessity for write-in candidate information prior to the election. The City Attorney would present an answer at the Second Public Hearing. There was no public comment. A motion. was made by Mr. Morgan and seconded by Mr. Petsos to Approve Ordinance No. 08-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, for and Mayor Randels, For. SITE PLAN: 7. Motion to Approve: Public Works Maintenance Building. Mayor Randels reviewed the proposed changes. Mr. Morgan stated that this project has been considered for many years. Mr. Petsos concurred. Mr. Nicholas inquired about the cost. Mr. Gardulski replied that he would present a proposed cost at a later time. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve the Site Plan for a Public Works Maintenance Building. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For, Mr. Petsos, for and Mayor Randels, For. City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 5 of 8 RESOLUTION: Add -On Item: 8. Motion to Adopt: Resolution No. 2006-18; Approving the Final Replat of Marbella Townhomes, Phase 11, James E. Morgan, and Applicant Mr. Morgan and Mayor Pro Tem Hoog disclosed that they both completed Voting Conflict Forms as the developer and the electrical contractor on the project. Mr. Morgan explained that there are three lots in questions of 75 feet by 125 feet and a minimum lot for re -plat for townhouses is 20 feet by 70 feet and each are considerably oversized. Mr. Louis Suarez of 325 Adams Avenue stated that the Lots in question, Lot 6 and the western half of Lot 7, which comprise the three lots. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Adopt Resolution No. 2006-18 approving the Final Replat of Marbella Townhomes, Phase 11. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, Abstain; Mr. Morgan, Abstain; Mr. Nicholas, For, Mr. Petsos, for and Mayor Randels, For. CONSIDERATION: Add -On Item: 8. Motion to Approve: Request for Time Extension, Beachside Townhomes — 2nd Addition Preliminary Replat, John Johanson, Applicant Mayor Randels read the City code provisions to request an extension. Mr. Petsos questioned the demonstration of good cause. Mr. Johanson stated that he incurred delays due to the previous hurricane season. Mr. Morgan disclosed that due to his business relationship with Mr. Johanson, he would abstain from voting. The City Attorney concurred. A motion was made by Mr. Petsos and seconded by Mr. Nicholas to Approve a Request for Time Extension for Beachside Townhomes — 2nd Addition Preliminary Replat The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For, Mr. Petsos, for and Mayor Randels, For. REPORTS: 1. City Manager • Mr. Boucher informed that he met with County Road and Bridge representatives on the North Atlantic and Central Blvd. turn lane project He stated that the estimated project costs were $540,000. Mr. Boucher requested that Mayor Randels asked Commissioner Pritchard to approve the County Road and Bridge crew participation. • Mr. Boucher reported that the Interlocal Agreement for North Atlantic Avenue, Central Blvd. and Ridgewood Avenue will be prepared some time in June. City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 6 of 8 • Mr. Boucher reported that he asked Dyer, Riddle, Mills and Precourt for a proposal to design the middle turn lane from Central Blvd. south to State Road AIA. • Mr. Boucher informed that the Canaveral Port Authority has their Comprehensive Plan on the Consent Agenda. Mayor Pro Tem Hoog requested to receive the Port Authority Agendas. • Mr. Boucher informed that the Board Order for the building at 8200 Astronaut Blvd. was recorded and would allow for demolition if not found in compliance by July 1, 2006. • Mr. Boucher reported that he drafted a letter to the County Commission Chair to request information on tracking the County's fiscal accountability. He asked that the Council review and sign the letter. • Mr. Boucher informed that the Metropolitan Planning Council suggested that he seek legislative assistance to address the need for a tum lane on State Road Al A and Central Blvd. He requested that Mayor Randels speak to Representative Bob Allen. • Mr. Boucher reported on the sidewalk in front of the Radisson Resort and the need for a permit modification. Mr. Gardulski explained that he spoke with the Florida Department of Transportation who had received but were not in favor of the modification plans for the following reasons: 1) the sidewalk is too close to the drainage structure and 2) the elevation is off -center. Mr. Gardulski suggested a five-foot easement to avoid the structure or to move the structure. Mr. Morgan asked if the City could legally install the sidewalk and assess the property owner. Mr. Gardulski affirmed and said that under a City ordinance, two public hearings would precede the City installing the sidewalk. • Mr. Boucher informed the audience to take the City quality of life survey online from the City web site. 2. Staff Public Works Director • Mr. Brad Smith informed that the public appeared receptive to the Ridgewood Avenue meetings. He reported that the public requested asphalt for the bike paths. He stated that there were several unexpected issues such as: the bike paths on the east side of the road and concern to bury the power lines as well as concern for turning radiuses. City Clerk • Clerk's Office staff contacted you to set a date for the visioning session; however, Mayor Randels reminded of two other events that would occur on the tentative date of Friday, May 19th. She asked for input for another date. Mr. Petsos requested an afternoon meeting. Ms. Stills said that staff would return with a date and an afternoon time. City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 7 of 8 City Attorney • Attorney Garganese informed that the City Council would receive some new ordinances for approval from the Planning and Zoning Board. AUDIENCE TO BE HEARD: Ms. Shannon Roberts asked that Kathy Reakes from the Hometown News publish an article to encourage people to visit the City web site and take the survey. Ms. Roberts also asked for an update on the North Atlantic Avenue project. Mr. Boucher reported that he is awaiting Bell South's completion. Mr. Gardulski informed that the Beautification Board had selected but were awaiting the decorative lighting for North Atlantic Avenue. She commended the Ridgewood Avenue approach to gain citizen input. 3. City Council Mr. Nicholas • Mr. Nicholas asked if Mr. Gardulski had received feedback on the change of reuse water hours. Mr. Gardulski replied that residents only requested to know the established times. • Mr. Nicholas asked if there were any remedy for a repeat violator of false Fire Alarm responses. Mr. Boucher informed that an order for disconnect is established after the fourth false response. Mr. Petsos • Mr. Petsos requested if there were any funds from the County at this time. He asked if there was discussion for approval of $30,000 from the County Commission. • Mr. Petsos thanked the City Manager for the letter on the tax funding. • Mr. Petsos questioned the Fines and Forfeitures fund and asked the City Manager to look into the County's open container law and if the City could opt -in. • Mr. Petsos expressed his concern with the Cocoa Beach ban on smoking on the beach due to the increase of alcohol on the Cape Canaveral beach since Cocoa Beach banned kegs on its beach. Mr. Petsos requested to ban kegs on Cape Canaveral's beaches. • Mr. Petsos asked if the City Manager received any information from the Florida Department of Community Affairs on the Ron Jon Cape Caribe project. He informed that the Port's Comprehensive Plan stated a projected 1 million visitors due to the project that would have impact on Cape Canaveral. • Mr. Petsos asked for a progress report on the Sea Turtle Lighting project. Ms. Kathy Reakes informed that she was told that Cape Canaveral is last on the list for lighting installation. • Mr. Petsos asked if there were a definition of diseased trees at this time. City Manager replied that the City Arborist would address this issue. City of Cape Canaveral, Florida City Council Regular Meeting May 16, 2006 Page 8 of 8 Mr. Petsos asked if the City could recoup any of the paving cost for Ridgewood Avenue. Mr. Petsos noted an Audit Selection Advisory Committee meeting on Thursday, May 18th and asked if the Council were required to attend. Mr. Boucher said that Council was not involved in the Audit Selection process at this time. Mr. Morgan • Mr. Morgan expressed his thanks on working with the Council. Mayor Pro Tem Hoog • Mayor Pro Tem Hoog noted a concern regarding lighting on Surf Drive. The Public Works Director will evaluate this issue. Mayor Randels • Mayor Randels informed that he met Governor Jeb Bush and Ms. Carol Green from the Communities for a Lifetime for an acknowledgement to the City of Cocoa for being the 100th city to participate. Brevard County was also recognized for its unprecedented participation in the program as well as that of its fifteen municipalities. • Mayor Randels met with the City of Cocoa Beach on its Community Center plans in which Mr. Jack Mason presented information from Brevard County on its anticipated eight Senior Centers. The Mayor related that Cocoa Beach's center is anticipated for Seniors. The Board is seeking possible locations. Mayor Randels informed that Cocoa Beach is also seeking a referendum for funding. • Mayor Randels reported that he is working with representatives of the Residence Inn for a restaurant and a bank. • Mayor Randels noted the many new ordinances from the City Attorney's office. • Mayor Randels informed that the Public Works Department and Mr. Nicholas received acknowledgements for their participation during the Library's Anniversary and the annual Library Book Sales event. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 9:05 P.M. Rocky Randels, Mayor Pro Tem Hoog Susan Stills, CITY CLERK FORM 86 MEMORANDUM OF VOTING CONFLICT FOR COUNTY. MUNICIPAL. AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME /—IAJCb/.J --%/Jif- CITY DATE ON WHICH VOTE OCCURRED x -,16 -off NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ITY ❑ COUNTY O OTHER LOCAL AGENCY OF POLITICAL SUBDIVISION: MY POSITION IS: WHO MUST FILE FORM 86 ELECTIVE 0 APPOINTIVE This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I 9 ,, ►'Vl �V hereby disclose that on�r -------,20 6-6: (a) A measure came or will come before my agency which (check one) a— /inured to my special private gain or loss; �C_ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, —__ inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed by which dr .,a /y u s Sin/t�S,J !,l T&,ffxr 7 -ye- ow/t,&, NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIR T NAME -MIDDLE NAME E NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS 'J Co L- %9- v THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON RICH I VE IS A UNIT OF: CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CO 50e d NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOTE OCCURRED — MY POSITION IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. --INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on�� !o ✓%% �% _20 04 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; —_ inured to the special gain or loss of my business associate, ___ inured to the special gain or loss of my relative, __--- --- --- inured to the special gain or loss of____—_ _, by whom I am retained; or —_ inured to the special gain or loss of which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: er /L /V 6,0�� 7v od- 4,4 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NA MIDDLE NAME //b DG bP-rt �_ NAME OF BOARD COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ' o . UrJC MAILING ADDRESS `' Ji e CIE lZ 50AJ �" THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: QTY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY .1 COUNTY APE- �ORV��1, ` 1 �K£v(4fZl� NAME OFPf}�`ITInA�LSUEI�[ISIQfy ���a` IlJ A DATE ON WHICH VOTE OCCURRED MY POSITION IS: `/(a -5-1-7-0(o fd ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ---------_� --_--, hereby disclose that on—Ag_! —(�'----------- 20: (a) A measure came or will come before my agency which (check one) —1 inured to my special private gain or loss; --_ inured to the special gain or loss of my business associate, --- _ ___ inured to the special gain or loss of my relative, -_ --- inured to the special gain or loss ofy whom I am retained; or —_ inured to the special gain or loss of---_—_ ------------------------------------------------------ which is the parent organization or subsidiary of a principal which has retained me. (b) The /measure before my agency and the nature of my conflicting interest in the measure is as follows: _ 06 ------------------------------------------ Signature ---------------------------- Date Filed Si nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME -FIRST NAME -MIDDLE NAME C- llq NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE MAILING ADDRESS ,,.�_ THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON qt:: / !/ C J� WHICH I SERVE IS A UNIT OF: ❑ CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CI COUNTY NAME OF POLITICAL SUBDIVISION: / ' L C - DATE ON WHICH VOTE OCCURRED /6 MY POSITION IS: -- 0 6 ELECTIVE U APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM BB - EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST l r —t- L� G� 4& hereby disclose that on 55r / — / D 20 (a) A measure came or will come before my agency which (check one) _ inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss whom I am retained; or __ inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: GAJ Date Filed �gnat , by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 1/2000 PAGE 2 Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Considerations Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT CREATING THE BREVARD METROPOLITAN PLANNING ORGANIZATION DEPT/DIVISION: LEGISLATIVE Requested Action: City Council approve the "First Amendment to the Interlocal Agreement Creating the Brevard Metropolitan Planning Organization" (MPO). Summary Explanation & Background: This amendment will enable the Cities of Cocoa Beach and Cape Canaveral to share an MPO seat. I recommend approval. Exhibits Attached: Interlocal Agreement City Man 's Office Department LEGISLATIVE C -nt\kim\mydo ents in\council\meeting\2006\06-06-06\mpo ... 2725 Judge Fran Jamieson Way, Bldg. A Melbourne, Florida 32940 Telephone: (321) 690-6890 Fax: (321) 690-6827 www.brevardmpo.com TO: City Managers Scott Knox, Brevard County Attorney Lennon Moore, FDOT District 5 Government/Community Relations Manager J. Stanley Payne, Canaveral Port Authority FROM: Bob Kamm, MPO Director t6� SUBJ: First Amendment to the Interlocal Agreement Creating the Brevard Metropolitan Planning Organization DATE: May 15, 2006 Please find enclosed the "First Amendment to the Interlocal Agreement Creating the Brevard MPO". The MPO unanimously agreed to amend its membership to include a shared seat for the Cities of Cape Canaveral and Cocoa Beach. Cape Canaveral is the largest city in Brevard without a seat on the MPO. Cape Canaveral and Cocoa Beach share many common transportation interests. Cocoa Beach agreed to share its seat with Cape Canaveral and formed the "North Beaches Coalition." As required by law, the Governor approved the membership change on May 2, 2006. The MPO must now execute an amendment to the Interlocal Agreement with the jurisdictions represented on the Brevard MPO. The amendment also includes updated language to allow for the MPO members to appoint alternates. At this time we are requesting your council/commission consider the approval of the enclosed First Amendment to the Interlocal Agreement at their earliest convenience. The enclosed Amendment includes only the signature page for your council/commission signature. Once the Interlocal is ratified and recorded, an Interlocal Agreement along with a complete set of signature pages will be mailed to each participating jurisdiction. The MPO would like to conclude the ratification of the Interlocal Agreement before August 1, 2006. Please return Agreement with original signatures and seal to the following: Brevard Metropolitan Planning Organization Attn: Laura Carter, Interlocal Amendment 2725 Judge Fran Jamieson Way, Bldg. A, MS 81 Melbourne, FL 32940 Thank you for your cooperation. If you have any questions, please contact Laura Carter at (321)690-6890 or email at Icarter@brevardmpo.com. THIS INSTRUMENT RETURN TO: Bob Kamm, Staff Director Brevard Metropolitan Planning Organization Brevard County Government Center - Bldg. A 2725 Judge Fran Jamieson Way Viera, FL 32940 THIS INSTRUMENT PREPARED BY: Paul R. Gougelman, III, General Counsel Brevard Metropolitan Planning Organization 1825 Riverview Drive Melbourne, FL 32901 FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT FOR CREATION OF THE BREVARD METROPOLITAN PLANNING ORGANIZATION THIS FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT is made and entered into this day of 2006, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION; the COUNTY OF BREVARD; the CITY OF CAPE CANVERAL, Florida; CITY OF COCOA, Florida; CITY OF COCOA BEACH, Florida; TOWN OF INDIALANTIC, Florida; CITY OF INDIAN HARBOUR BEACH, Florida; CITY OF MELBOURNE, Florida; TOWN OF MELBOURNE BEACH, Florida; CITY OF PALM BAY, Florida; CITY OF ROCKLEDGE, Florida; CITY OF SATELLITE BEACH, Florida; CITY OF TITUSVILLE, Florida; CITY OF WEST MELBOURNE, Florida; and CANAVERAL PORT AUTHORITY. RECITALS WHEREAS, pursuant to the authority of 23 United States Code 134 and 49 United States Code 5303 and Section 339.175, Florida Statutes, the Brevard Metropolitan Planning Organization ("MPO") was created; WHEREAS, pursuant to Section 339.175(3), Florida Statutes, by letter to Mr. Larry L. Schultz dated January 14, 2004, the Governor agreed to the apportionment plan of the members of the proposed Brevard Metropolitan Planning Organization as set forth in this Agreement; Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 1 WHEREAS, the creation of the Brevard Metropolitan Planning Organization became effective by execution and filing with the Brevard County Clerk of the Circuit Court of an Interlocal Agreement creating the Brevard Metropolitan Planning Organization (the "Interlocal Agreement"); WHEREAS, the aforesaid Interlocal Agreement was recorded on February 21, 2005, in Official Records Book 5425, Page 144, Public Records of Brevard County, Florida, as re-recorded on May 12, 2006, in Official Records Book 5644, Page 5967, Public Records of Brevard County, Florida; WHEREAS, Sections 3.03 and 4.01 of the Interlocal Agreement provides for the creation of a Governing Board of the Brevard Metropolitan Plan and specifies the membership of the MPO Governing Board; WHEREAS, the Interlocal Agreement does no provide for the appointment of alternate voting delegates on the MPO Governing Board and does not provide for a shared membership on the Governing Board between the City of Cape Canaveral and the City of Cocoa Beach; WHEREAS, the parties to the Interlocal Agreement desire to provide for the appointment of alternates, and to change the membership of the City of Cocoa Beach to an alternating membership on the Governing Board, whereby the voting delegate of that seat will alternate between the City of Cocoa Beach and the City of Cape Canaveral; WHEREAS, the City of Cocoa Beach and the City of Cape Canaveral have already agreed to the membership of the City of Cocoa Beach becoming an alternating membership of the two municipalities and the method by which the Governing Board member for the two municipalities shall alternate pursuant to an Interlocal Agreement with Respect to Voting Representatives on the Brevard County Metropolitan Planning Organization approved by the governing bodies of the respective municipalities, which Interlocal Agreement was recorded March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida, a copy of which is attached hereto; WHEREAS, Section 339.175(2)(x), Florida Statutes, provides that the Governor may provide for representatives from municipalities to have an alternating membership on the Governing Board with other municipalities not Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 2 represented on the MPO Governing Board; WHEREAS, Section 339.175(2)(a), Florida Statutes, provides in pertinent part: (2) Voting membership. -- (a) The voting membership of an M.P.O. shall consist of not fewer than 5 or more than 19 apportioned members, the exact number to be determined on an equitable geographic -population ratio basis by the Governor, based on an agreement among the affected units of general-purpose local government as required by federal rules and regulations. The Governor, in accordance with 23 U.S.C. s.134, may also provide for M.P.O. members who represent municipalities to alternate with representatives from other municipalities within the metropolitan planning area that do not have members on the M.P.O. . . . WHEREAS, Section 339.175(3)(a), Florida Statutes, provides that the Governor may provide when and how alternate MPO Governing Board members shall be selected; WHEREAS, Section 339.175(3)(a), Florida Statutes, provide in pertinent part: (3) Apportionment. -- (a) The Governor shall, with the agreement of the affected units of general- purpose local government as required by federal rules and regulations, apportion the membership on the applicable M.P.O. among the various governmental entities within the area and shall prescribe a method for appointing alternate members who may vote at any M.P.O. meeting that an alternate member attends in place of a regular member. An appointed alternate member must be an elected official serving the same governmental entity or Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 3 a general-purpose local government with jurisdiction within all or part of the area that the regular member serves. The governmental entity so designated shall appoint the appropriate number of members to the M.P.O. from eligible officials. . . .; WHEREAS, pursuant to Section 339.175(2)(a) and (3)(a), Florida Statutes, by letter to Mr. Larry L. Schultz dated May 2, 2006, the Governor has agreed to the revised apportionment plan of the members of the Brevard Metropolitan Planning Organization as set forth in this Agreement to include an alternating membership between the City of Cocoa Beach and the City of Cape Canaveral and to provide for the appointment of MPO Governing Board alternate voting delegates; WHEREAS, the Brevard Metropolitan Planning Organization approved this Agreement at a duly called and properly advertised meeting on March 9, 2006; WHEREAS, the MPO proposes to amend Section 4.01 of the Interlocal Agreement to provide for the alternating membership between the City of Cocoa Beach and the City of Cape Canaveral and for alternate representatives to be appointed by municipalities; WHEREAS, Section 7.02 of the Interlocal Agreement provides that: Section 7.02. Amendment of Agreement. Amendments or modifications of this Agreement may only be made by written agreement signed by all parties here to with the same formalities as the original Agreement. No amendment may alter the apportionment or jurisdictional boundaries of the MPO without approval by the Governor; and WHEREAS, the parties have determined that this Interlocal Agreement is consistent with the requirements of Sections 163.01 and 339.175, Florida Statutes. NOW, THEREFORE, in consideration of the mutual Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 P covenants, promises, and representation herein, the parties desiring to be legally bound, do agree as follows: Section 1. Recitals. Each and all of the foregoing recitals are hereby incorporated herein and acknowledged to be true and correct to the best of the parties' knowledge. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. Section 2. Definitions. The definitions utilized in the Interlocal Agreement Creating the Brevard Metropolitan Planning Organization recorded on February 21, 2005, in Official Records Book 5425, Page 144, Public Records of Brevard County, Florida, as re-recorded on May 12, 2006, in Official Records Book 5644, Page 5967, Public Records of Brevard County, Florida (herein: the "Interlocal Agreement"), shall apply to this First Amendment to Interlocal Agreement for Creation of the Brevard Metropolitan Planning Organization, unless the context shall clearly indicate the contrary. Section 3. Sections 4.01 and 4.02 of the Interlocal Agreement is hereby amended as set forth below. Wording underlined is wording added to Sections 4.01 and 4.02, and wording strieken threugh is wording deleted from Sections 4.01 and 4.02, as follows. Sub -sections of Section 4.01 and 4.02 not included below remain unamended. Section 4.01. Composition and membership of governing board. (a) The membership of the MPO shall consist of nineteen voting representatives and one non-voting representative. The names of the member local governmental entities and the voting apportionment of the governing board as approved by the Governor shall be as follows: Brevard County Canaveral Port Authority City of Cape Canaveral 5 1 1 representatives representative shared representative* City of Cocoa 1 representative City of Cocoa Beach 1 shared representative* City of Indian Harbour Beach 1 shared representative** City of Melbourne 3 representatives City of Palm Bay 3 representatives City of Rockledge 1 representative City of Satellite Beach 1 shared representative** City of Titusville 2 representatives Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 5 City of West Melbourne Town of Indialantic Town of Melbourne Beach Florida Department of Transportation 1 representative 1 shared representative** 1 shared representative** 1 non-voting representative * North Beaches Coalition/Alternating Membership ** South Beaches Coalition/Alternating Membership (b) All voting representatives shall be elected officials of general purpose local governments, except to the extent that the MPO includes, as part of its apportioned voting membership, a member of a statutorily authorized planning board, an official of an agency that operates or administers a major mode of transportation. All individuals acting as a representative of the governing board of the county, the city, or authority shall first be selected by said governing board. In the case of the Cities of Satellite Beach and Indian Harbour Beach, and the Towns of Indialantic and Melbourne Beach, these municipalities have created a consortium that has been allocated one (1) vote on the MPO Governing Board. The voting delegate d^' ,.,.- t d shall be alternated among the four (4) municipalities as provided in the Memorandum of Agreement between the four municipalities dated September 22, 2000. In the case of the Cities of Cape Canaveral and Cocoa Beach, these municipalities have created a consortium that has been allocated one (1) vote on the MPO Governing Board. The voting delegate shall be alternated between the two (2) municipalities as provided in the Interlocal Agreement between the two municipalities recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard Countv. Florida. * * * (e) With the exception of the Board of County Commissioners, every governmental entity appointing a regular voting delegate to serve on the Governing Board may also designate an alternate voting delegate to serve when its appointed regular voting delegate is absent from a meeting of the Governing Board. The alternate member may participate in debate and vote in the same manner as the absent regular member could have had the absent regular member been present at the MPO Governing Board meeting. The appointed alternate member must be an elected official serving the same governmental entity or a general-purpose local government with jurisdiction within all or part of the area that the regular member serves. Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 r Section 4.02. Terms. The term of office of members of the MPO shall be four years. The membership of a member who is a public official automatically terminates upon said official leaving the elective or appointive office for any reason, or may be terminated by a majority vote of the total membership of the governmental entity represented by the member. A vacancy shall be filled by the original appointing entity. A member may be appointed for one or more additional four year terms, except in the case of the shared membership of the consortium of the Cities of Satellite Beach and Indian Harbour Beach and the Towns of Indialantic and Melbourne Beach as set forth in the Memorandum of Agreement and except in the case of the shared membership of the consortium of the Cities of Cape Canaveral and Cocoa Beach as set forth in the Interlocal Agreement recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida. The Memorandum of Agreement between the City of Satellite Beach, the City of Indian Harbour Beach, the Town of Melbourne Beach and the Town of Indialantic dated September 22, 2000 which is attached hereto and incorporated as part of this agreement, shall establish the procedure for the designation of the MPO representative shared by the four municipalities. The Interlocal Agreement between the City of Cape Canaveral and the City of Cocoa Beach recorded on March 17, 2006, in Official Records Book 5618, Page 1713, Public Records of Brevard County, Florida which is attached hereto is incorporated as part of this agreement, shall establish the procedure for the designation of the MPO representative shared by the two municipalities. Section 4. Drafters of Agreement. The Department of Transportation and the members of the MPO were each represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Agreement and in choice of wording. Consequently, no provision hereof should be more strongly construed against any party as the drafter of this Agreement. Section 5. Severability. Invalidation of any one of the provisions of this Agreement or any part, clause or word hereof, or the application thereof in specific circumstances, by judgment, court order, or administrative hearing or order shall not affect any other provisions or applications in other circumstances, all of which shall Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 7 remain in full force and effect; provided, that such remainder would then continue to conform to the terms and requirements of applicable law. Section 6. Agreement execution; Use of counterpart signature pages. This Agreement, and any amendments hereto, may be simultaneously executed in several counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one and the same instrument. Section 7. Effective date; Cost of recordation. (a) Effective date. This First Amendment to the Interlocal Agreement shall become effective upon its filing in the Office of the Clerk of the Circuit Court of Brevard County. (b) Recordation. The Brevard Metropolitan Planning Organization hereby agrees to pay for the costs of recordation or filing of this Agreement in the Office of the Clerk of Circuit Court for Brevard County. The recorded or filed original hereof, or any amendment, shall be returned to the MPO for filing in its records. [Intentionally Left Blank] Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 3 IN WITNESS WHEREOF, the undersigned parties have executed this First Amendment to the Interlocal Agreement for the Creation of the Brevard Metropolitan Planning Organization on behalf of the referenced legal entity and hereby establish the above designated MPO. Signed, Sealed and Delivered in the presence of: ATTEST: City Clerk its CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation am its Date Approved by City Council: 2006 Date Executed: (CITY SEAL) 2006 Brevard MPO/Interlocal Agreement creating Brevard MPO First Amd 2/23/06 11 Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Considerations [tem 3 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE OF A BUCKET TRUCK DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the approval of a cooperative purchase of a bucket truck from Stamm Manufacturing., utilizing the City of Orlando bid, as recommended by the public works director. Summary Explanation & Background: The bucket truck cost $64,386 with a trade-in of $5,000 on the existing bucket truck; net purchase price is $59,386. $60,000 is budgeted. I recommend approval. Exhibits Attached: Public Works Director's memo/Truck Specs City Managers Office Department PUBLIC WORKS/STREETS J cap im\myaoc enter n\council\meeL luy\cvvo \Vo -VU -vv \. — MEMORANDUM TO: Bennett C. Boucher City Manager , FROM: Ed Gardulski Public Works irector DATE: May 22, 2006 SUBJECT: City Council Agenda Item for June 6th, 2006 Cooperative Purchase for Bucket Truck The Public Works Department has budgeted for the replacement of the City's 1989 Bucket Truck Asset Number 2327 in the amount of $60,000 within the General Fund. The City of Cape Canaveral's equipment is 16 years old, 137,020 miles and the cost of maintenance has been increasing. The City's bucket truck is in need of repair and is not available for service; hence Public Works Department has been renting equipment to meet the City's maintenance requirements. When and if equipment is available, Public Works is able to rent a bucket truck for $75.00 per hour or $600.00 per day. The past quarter the Department has utilized the bucket truck 185.5 hours. At the rental rate of $75.00 per hour it will cost the City $13,912.50 for three months or $55,650 per year. Another vendor's equipment is available for $650.00 per week. A weekly rental will result in a two-year payback for the purchase of a new bucket truck. There is always an uncertainty of equipment availability in the event of an emergency and/or the City of Cape Canaveral's responsiveness to meet citizen's needs. In addition, staff investigated alternative resources for working at heights safely and identified problems working in different areas with other platform type equipment. The Public Works Department has made an extensive search for the best alternative items to replace the bucket truck. For example, the Department rented Articulating Boom Lifts, Scissor Lifts and other Bucket Trucks. The findings are that the different types of equipment were acceptable for an application, but did not meet all of the Department's needs. For example, the Articulating Boom Lift was difficult to maneuver and was slow in transportation; The Scissor Lift did not meet the needs of the off road terrain; The Bucket Truck rental worked well for all applications, but rental equipment availability and scheduling for the Department's responsive needs was a problem resulting in work delays. The Public Works Department the focused on the purchase of a Bucket Truck and has made an extensive search of governmental contracts for Bucket Trucks. The Department reviewed GSA contracts, State and other governmental agencies and found that Stamm Manufacturing was awarded the Bid. In addition, this firm has service available for the east coast of Central Florida, which will be a cost savings for equipment service and maintenance. The City of Orlando awarded Bid SB06-347 to Stamm Manufacturing. Stamm Manufacturing stated that they would honor the cooperative purchase. This Cooperative Purchasing is in accordance with City of Cape Canaveral's Purchasing Policy 9.6. Attached is a price in the amount of $64,386 for the purchase of a Bucket Truck. The budgeted short fall is in the amount of $4,386. This short fall may be resolved by a reduction of equipment maintenance that will not be realized by the new replacement of the equipment. More so, Stamm Manufacturing has made the offer of $5,000 for the trade-in value of the City of Cape Canaveral Bucket Truck. Florida State Statutes, Chapter 274.04 Tangible Personal Property Owned by Local Government and in the best interests of the City allows the exchange of property with the seller as a trade-in and apply the exchange allowance to the cost of the property acquired. Hence, the reduced purchase price for the City of Orlando cooperative purchase is $59,386 with trade-in. Recommend the approval of the City of Orlando cooperative purchase of a Bucket Truck with trade-in from Stamm Manufacturing in the amount of $59,386. Attachment CC: File May 24,2006 Stamm m,a A Division of World Inoustr:al Equirrcertt, Inc, "Desfgner & Manufacturer of Litt Equipment" City of Cape Canaveral Pubtic Works Department Post Office Box 326 Cape Canaveral,F7orida 32960 Ed Gardulsli Re: City of Orlando Bid # S806-347 Ford Truck with 42' Working Height Bucket Please be advised that Staium Manufacturing wiU Donor our Firms Bid Award From the City of Orlando bid SB06-347 as a City of Cape Canaveral Cooperative Purchase. In addition Stamm has agreed to accept the City of Cape Canaveral's Bucket Truck as Trade to at a value of 55,000.00. The total purchase grace 559,386.00 with Trade In. This price dues not include options that were chosen by City of Orlando Chris Millon `ace President February 14,2006 Bid # SB06-347 City of Orlando , Purchase of One (1) Ford F450 Truck with 42' Working Height Bucket Exceptions to Specifications Page 12 Items 1 &2 the utility body to be supplied by Stamm Manufacturing is Manufactured by Dakota Bodies Inc. and are structurally designed for Aerial Lift applications Page 12 Item 3 Body Galvaneal is thicker 12 gauge in areas where needed compartment Tops and 16 gauge thinner on exterior see literature Dakota Bodies. Page 12 Item 5 compartment height 40" fits better on F-450 in this application Taller compartments better on F-650!750. Page 12 Item 12 Fold Down work bench tailgate, need 30" Tailshelf for Bucket Page 12 Item 21 door activated lights , lighted legend in cab to switch on compartment fights Page 13 Item 2 6.0 Liter Diesel Single Alternator Page 13 Item 10 Vinyl Bench seat Page 13 Unit in stock has continuos rotation to be used to meet delivery time. CSA3L1fTL- 4850 r s. T PIERCE, FL 34947 (772) 461-6056 MAIN PLANT - 1-800-226-5056 IN FLORIDA - Q 2) 464-271 R;=Ay www.stamm-mfg.com . Email: liftinfo@stamm-mfg.com Purchase of One (1) Ford F450 Truck with 42' Working Height Bucket INVITATION TO BID # SB06-347 INVITATION TO BID You are invited to Bid on the following: Purchase of One (1) Ford F450 Truck with 42' Working Height Bucket Item Unit No. Quantity Unit Description Price Total 1. 1 EA Ford F450 Truck with 42' Working Height Bucket in $6918 6 $6 9 ,18 fi- accordance with the attached Specifications. NOTE 1 SPECIFICATIONS: ALL ITEMS QUOTED MUST BE IN COMPLIANCE WITH THE SPECIFICATIONS. IF YOU ARE TAKING ANY EXCEPTION, INDICATE THOSE EXCEPTIONS ON COMPANY LETTERHEAD AND ATTACH TO THIS INVITATION TO BID. NOTE 2: SERVICE PRE -DELIVERY: VEHICLES DELIVERED MUST BE FULLY SERVICED AND READY TO OPERATE — WITH MSO, THIRD KEY, KEY CODE, INVOICE, MANUALS, AND WARRANTY. SERVICE WILL INCLUDE ALL MANUFACTURER'S RECOMMENDED PRE -DELIVERY INSPECTION AND SERVICES. NOTE 3• ONE COMPLETE SET OF MANUALS WILL BE SUPPLIED Total Bid $ 69,186. 0 0 1. FOB Point Delivered Only 2. Terms of Payment (e.g. Net 30) net 3 0 3. The City shall receive shipment or project completion notice within 12 0 days from the date Vendor receives Official Purchase Order or Notice to Proceed. Recheck your quotations prior to submission. Bids may not be changed after being opened. Office of Purchasing and Materials Management Page: 11 Purchase of One (1) Ford F450 Track with 42' Working Height Bucket INVITATION TO BID # SB06-347 SPECIFICATIONS FOR TRUCK SERVICE BODY 84" CA • Longitudinal frames shall be one-piece continuous 4" x 4" x '/4" square wall structural tubing. Dakota BodyAerial Understructure • Structural cross sills shall be 3" x 5" x %4" wall tubing and 2" x 2" x %a" angle. Dakota baUn4eoaue• Bodyet m aha e minimum� gGahanaisl.l tee 12 Gauge Compartment Tops, 16 gauge on body • Doors shall be 14 gauge and 18 gauge Galvaneal steel and double paneled for added rigidity. 18 gauge double paneled • 4 Inside compartment height shall be a minimum of 42". • 1 (one) top compartment, on the curbside, shall be a minimum of 76" in length, 20" in depth, and a minimum of 18" high. Yes • Flat bed floor, without wheel wells, shall be a minimum of 49" in width, in the cargo area. 54" width • All sides of the cargo area bed and the top of compartments shall be 1/8" treadplate. 12 gauge • Full-length drip rail. Yes • 316 Stainless steel door hinges and pins. Yes • Stainless steel slam action paddle door locks, keyed alike, with 2 stage adjustable strikers. Rotary • Fold down workbench tailgate with 316 stainless steel hinge and pins. • Mrusttpmclude all FDOT required running lights and marker lights. • Stop and turn signal lights must be flush mounted. • Primed in and outtside witthf Military grade universal weathering primer, and the groundside must be fully undercoated Yes • Finish paint will be Imron 5000 White to match truck. yes • Six heavy-duty tie downs. Yes • Shelving package consisting of 11 adjustable shelves, 1 -shelf with small parts dividers, 1 shelf with book dividers, 4 -material hooks. Yes • 1 (one) rollout tool tray with minimum 500 Ib.capacity. Yes • 12" heavy- duty bumper (must be compatible with tow hitch). Tailshelf no bumber Icc with tow hitch • All compartments hshall have door activated, lights. • ,JigJt s er s�all provide a mab i imum of a compartments ea tom the date of delivery. Yes • Service body shall be delivered with 2 sets of keys for each lock. Yes Office of Purchasing and Materials Management Page: 12 Purchase of One (1) Ford F450 Track with 42' Working Height Bucket C INVITATION TO BID # SB06-347 SPECIFICATIONS YES NO PER STATE CONTRACT 2006 FORD F450 DUAL REAR WHEEL 7.3 LITER DIESEL ENGINE WITH DUAL ALTERNATORS TRANSMISSION PTO PROVISION AUTOMATIC OVERDRIVE TRANSMISSION AUXILIARY IDLE CONTROL BOX AIR CONDITIONER AM/FM RADIO LIGHT CONVIENCE GROUP LT 225/75RX16E TIRES VINYL BUCKET SEATS, DRIVERS AND PASSENGERS 15,000 GVWR 84" CA AERIAL LIFT WITH INSULATED BUCKET WORKING HEIGHT 42' FULL PRESSURE TURRET MOUNTED LOWER CONTROLS INCLUDING OVERRIDE HORIZONTAL REACH OF 279" ELECTROGARD AND INNER BOOM FINISHED WITH VffM URETHANE PAINT OVER WHITE GELCOAT FIBERGLASS UPPER BOOM ELECTROGARD TO PROVIDE 42" INSULATED GAP FULLY RETRACTED, MEETING ANSI REQUIREMENT FOR CATEGORY "C" 46 KV AND BELOW MULTI LINK HOSE CARRIER SYSTEM THROUGHOUT BOOMS NON -LUBE BEARINGS THROUGHOUT LIFT UNITROL SINGLE STICK CONTROL MASTER/SLAVE HYDRAULIC LEVELING BOOM CRADLE WITH RATCHET TYPE TIE DOWN STRAP 370 DEGREE NON -CONTINUOUS ROTATION WITH TURRET MOUNTED CONTROLS "STABLE RIDE" OVER FRAE TORSION BARS, FRONT & REAR BACK-UP WARNING DEVICE SIDE DOOR ENTRANCE BUCKET/BASKET, 24" X 24" X 42" VINYL BUCKET/BASKET COVER WITH ELASTIC BINDING SAFETY BELT AND LANYARD TWO SETS OF OPERATING AND MAINTENANCE MANUALS X X 6.OLitre w/ x single HD Alterr X x x --X—w/CD X x X Vinyl Bench —X x YES NO x X X P. X X x X X Continuos Rota with Turret mounted control Office of Purchasing and Materials Management Page: 13 Purchase of One (1) Ford F450 Track with 42' Working Height Bucket ELECTRICAL SYSTEM RELAY BOX WITH COLOR CODED WIRING AND ENVIRONMENTALLY SEALED CONNECTORS CENTRALIZED CONSOLE IN CAB WITH ILLUM[NED SWITCHES AND LEGENDS TO PROVIDE EASY ACCESS AND VISIBILITY FOR THE OPERATOR ENGINE START/STOP CONTROL AT PLATFORM TWO SPEED ENGINE THROTTLE .ADVANCE AERIAL PLATFORM DESIGNED AND TESTED FOR 400 LBS AT THE BUCKET BASKET - HYDRAULIC SYSTEM TO BE POWERED BY TRANSMISSION MOUNTED PTO PUMP WITH 3 GPM FLOW RATE EMERGENCY 12V DC HYDRAULIC SYSTEM POWERED BY TRUCK BATTERIES, INCLUDES ACTIVATION AT PEDESTAL AND BUCKET/ BASKET INTEGRAL HYDRAULIC RESERVOIR WITH DUAL SIGHT GAUGES, 10 MICRON RETURN FILTER, 100 MESH SUCTION FILTER/SCREEN, AND 15 GALLON CAPACITY SYSTEM TYPE -OPEN CENTER UNWTATION TO BID # SM&347 YES x X mounted in dash b3 X Ford for upfitter; X Office of Purchasing and Materials Msuagement Page: 14 SSTw37140wE1H 0 Insulated TIME Articulated/Telescopic Aerial MANUFACTURING COMPANY FEATURES INCLUDED IN THE SST-37140-EIH OUTER/INNER BOOM ASSEMBLY The outer/inner boom assembly includes an outer boom, telescopic inner boom, extension system, and hose assemblies. The outer boom consists of a 6 in. x 8 in. (150 mm x 200 mm) steel section and a 7.5 in. x 9.5 in. (190 mm x 240 mm) filament -wound fiberglass section (Electrogard) that maintains a 42 in. (1.08 m) insulation gap with the inner boom fully retracted. The 5 in. x 7 in. (130 mm x 180 mm) rectangular fiberglass inner boom is housed within the outer boom. The extension system consists of a hydraulic cylinder, two holding valves, and a hose carrier housed entirely within the boom assembly. The hoses routed through the outer/inner boom assembly are non-conductive and fully contained within the boom assembly. The outer/inner boom assembly articulates from 140 below horizontal to 740 above horizontal. Actuated by a double acting cylinder with a holding valve, the outer/ inner boom assembly is offset to one side to provide easy access to the platform. A molded rubber boom -support cradle supports the boom when stowed, without the need for a tie -down strap. FL,ECTRICAL INSILI TION SPECIFICATIONS The outer/inner boom assembly is tested and certified for electrical work at 46 KV and below in accordance with ANSI A92.2- 2001 requirements. The outer/inner boom assembly is fully insulated even in a retracted position. HYDRAULIC PLATFORM LEVELING Platform leveling is controlled by a master and slave cylinder arrangement. The platform leveling system can be activated from the upper controls to adjust platform leveling, tilt the platform for cleaning, or to ease the removal of an injured operator. A leveling control from the lower control is available as an option. COMPENSATED LOWER BOOM The lower boom consists of a 6 in. (150 mm) square steel section. A double acting cylinder with dual holding valves allows the SST -37 lower boom to articulate from 71 below horizontal to vertical for a total travel of 970. The SST -40 lower boom articulates from 50 below horizontal to vertical for a total travel of 950. A compensation link forms a parallelogram linkage to maintain the outer/inner boom assembly at a constant angle to the turret. -SINE STICK PLATFORM CONTROL The Unitrol single -stick control consists of a multi -jointed handle which operates the control valve. A safety trigger located on the underside of the single stick handle will not allow boom movement until it is depressed. The control valve is full pressure and full flow. The operator can feather between the three control movements to provide multi -function boom action. An emergency stop control is provided. ROTATION Rotation is 3700, non -continuous with a mechanical stop. Continuous, unrestricted rotation is available as an option. Rotation is accomplished by a hydraulically driven worm and spur gear set acting on a shear -ball rotation bearing. The critical bolts holding the turret to the rotation bearing and the bearing to the pedestal are grade 8 hex head cap screws. These critical bolts are marked with a torque seal indicator to provide a quick means to inspect for relative movement. A slotted adjustment is provided for pinion and rotation gear clearances. PLATFORM The fiberglass platform is 24 in. x 24 in. x 42 in. (0.61 m x 0.61 m x 1.07 m) deep with an inside and outside step for easy access. Maximum available platform capacity is 400 lbs. (181 kg) depending on basket options selected. rVERSALK SST-37/40-E/H Insulated Articulated/Telescopic Aerial GENERAL SPECIFICATIONS SST-37-EIH SST-40-EIH (Based on 40 in (1.02 m) Frame Height) Horizontal Reach ............................................. 27 ft 9 in. (8.5 m) ............ 27 ft 9 in. (8.5 m) Standard Platform Capacity .............................. 300 lbs. (136 kg) ............ 300 Ibs. (136 kg) Maximum Platform Capacity ............................. 400 lbs. (181 kg) ............ 400 Ibs. (181 kg) Outer Boom Lift Eye Capacity .......................... 500 lbs. (227 kg) ............ 500 Ibs. (227 kg) WITH STANDARD PEDESTAL 37 ft. 0 in. (11.3 m) .......... 40 ft. 0 in.. (12.2 m) Height to Bottom of Platform ............................. Working Height ................................................ 42 ft. 0 in. (12.8 m) ......... 45 ft. 0 in. (13.7 m)' - Stowed Travel Height ...................................... 10 ft. 4 in. (3.1 m) ........... 10 ft.4 in. (3.1'm) Weight of Lift ................................................... 2230 lbs. (1012 kg) ......... 2335 lbs. (1059 kg) HYDRAULIC SYSTEM Operating Pressure ......................................... 2250 PSI (158 kg/cm) ...... 2250 PSI (158 kgfcm) Flow Rate ....................................................... 3 GPM (11 Ipm) ............... 3 GPM (11 Ipm) Filtration........................................................ 10 micron return ............. 10 micron return ........................................................100 mesh suction ........... 100 mesh suction System Type ................................................... Open center ................... Open center BOOM ACTION Inner Boom ...................................................... 116 in (2.9 m) Extension.. 116 in (2.9 m) Extension Outer Boom ..................................................... -14° to +74° .................... -14° to +74° Lower Boom ................................................... -7° to vertical .................. -5° to vertical Rotation........................................................... 370° non -continuous with mechanical stop INSULATION GAP Upper Boom fully retracted .............................. 42 in. (1.07 m) ................ 42 in. (1.07 m) Lower Boom Insert (optional) .......................... 12 in. (0.3 m) .................. 12 in. (0.3 m) 0 TIMME MANUFACTURING COMPANY Platform travel for the SST-37-EIH Platform travel for the SST-37-EIH NOTE: 1. Specifications may vary without prior notification. 2. Required GVWR can vary significantly with chassis, lift mounting location, service body, accessories, and desired payload. Options • Ground Access Ability with Increased Outer Boom Articulation • Continuous Rotation • 180° Rotating Platform • Larger Platforms & Increased Platform Capacity • Hydraulic Tool Circuit at the Platform t t I • Emergency Power d • Independent Outriggers or Front and Rear Tortion • Shorter or Taller Pedestals • Chassis Insulation System (Lower Boom Insert) • Two -Speed Throttle Control 0 TIME MANUFACTURING COMPANY P. 0. Box 20368 Waco, TX 76702-0368 Tel.: 254-399-2100 Fax: 254-399-2651 www.timemfg.com lil Convenient bucket controls. Side by side low stow boom design allows for safer platform entry and reduced travel height. Standard features include hydraulic platform tilt for operator rescue and easy platform clean-out. kk A / m � ƒ 7 ¥ oz {k 20 R$� a� z:c � ¥ c$kE� 00®Gk§ U- LL c) 0Omm_o LO qS LU �ƒ6 2 Om �LL � 0 / k a- 2 ¢% 2% �k � co d E k 2 k CL E m k /CD■ , ca e : : $ § Lo ID0 Cc CD Co &k k� � & 0 k E k 0 J§� D o1 0 0 o, 0 0 61 c6 o6 o ® � CV) n m— 2 $ $ « « I -- C4 Cq 7 o y y z 2 v _ 0 — 8 0 a C')! cNfi f D _ E E E E S i 2 o® 2 co co T z z k S� $ 2 2 o y * 2 2 k _; � � � cc2 $" (D § a. k� � k C co k � — Cl Cl # E S d _ q o o d C) - o k cq � c 2 2 0$ q� 0 ® 2 04 $ cn G U. 2 6s 2 co k k 0 � ccl . 2 D � to e ■ � A — \ I m ■ z f t ° & o o § § « \ m k k k ® ® 0 t § A@ 2 '2 u 2 e E± e e■ v 0 o A 2 w 3 U� 0©® 0 E k 2 k CL E m k /CD■ , ca e : : $ § Lo ID0 Cc CD Co &k k� � & 0 k E k 0 J§� D )/ 2� 2 ƒ » � m CD m 7 y c2 §/ 2g RCf)$® R� D��� � D C? 0aOS 2 LL LL % qS ƒ LL -j 2 Om LL k ¢7 $LL CO C ae ® © « ca k ® a / \ k @� 69 C)� & CO _, CD o k� 2 �� q co f 2 z f» E 2 2 y 2 2 - � 2 � A — \ � : � G f � z f 0 Co B CL » ® — « / CL o $ #cl U t 2 c 0 2 2 ° � k / � 2 2 = o I � � a � v ■ � 79 � \ m x U-3 2 v 2 E± a o— ®0 2 2 � 2® lz k E k m d F 2 k k f (D CD /a ca E k k @ E /` k a) Co &2 QD � e f � k� k % k � § co 3 § E / +9 CITY OF CAPE CANAVERAL 005-06 FISCAL YEAR BUDGET ENERAL FUND - STREET )1-7-541. ODE DESCRIPTION 610 BUILDING & GROUNDS MAINTENANCE 100 OFFICE SUPPLIES !30 UNIFORMS & SHOES 50 SMALL TOOLS 20 TRAFFIC LIGHT REPAIRS )0 MEMBERSHIPS & TRAINING CAPITAL EXPENSES: 0 M, ..;HINERY & EQUIPMENT DETAILED JUSTIFICATION REPAIRS AND MAINTENANCE TO THE CITY BUILDINGS AND GROUNDS. THESE INCLUDE CITY HALL, THE ANNEX, VARIOUS PARKS, BASEBALL FIELD AND YOUTH CENTER. m 11 mill OFFICE SUPPLIES. UNIFORM SERVICE AND SAFETY SHOES FOR EMPLOYEES HAND AND ELECTRIC TOOLS. REPAIRS TO TRAFFIC SIGNALS.- REGISTRATION FEES FOR VOCATIONAL SEMINAR AND TRAINING/RESOURCE MANUALS FOR EMPLOYEES. REPLACEMENT BUCKET TRUCK (USED) 25% OF REPLACEMENT BACKHOE 60,000 NEW TECHNOLOGY 15,000 2,000 33 EQUIPMENT TOTAL $ 77,000 Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Considerations Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: MAGNOLIA AVENUE SIDEWALK PROJECT IN THE AMOUNT OF $49,550 DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the approval of the Magnolia. Avenue Sidewalk Project as proposed by Mudrak Engineering & Construction Company and recommended by the public works director in the amount of $49,550. Summary Explanation & Background: This is a budgeted project to construct a sidewalk on the east side of Magnolia Avenue. Attached is a detailed proposal. Exhibits Attached: Public Works Director's emo/Pro sal City Manager's Department PUBLIC WORKS/STREETS cape-nt\kim\mydocuments\admin\council\meeting\2006\06-06-06\mudrak.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Ok Public Works Director DATE: May 22, 2006 SUBJECT: City Council Agenda Item for June 6th, 2006 Sidewalk construction by Mudrank Engineering & Construction Company The City of Cape Canaveral awarded RFP no. 06-01 to Mudrank Engineering & Construction Company on April 4th, 2006 to perform continuing miscellaneous concrete Services. This year as part it the City of Cape Canaveral's Prime Path continuing project the eastside of Magnolia Avenue will be constructed. As part of this project all of the intersection shall conform to the ADA requirements. In addition to the 1,056 feet of sidewalk to be constructed at a cost of $36,650, four additional ramps will be removed and replaced in the amount of $2,500 each. The total cost for the Magnolia project is 46,650. Attached are the project details. Funds have been budgeted in the amount of $50,000. In addition, the Treatment Facility has a concrete project to install a sidewalk to the Maintenance Building constructed last year. This project consists of 140 feet of sidewalk in the amount of $2,980. This project shall be charged to the Enterprise Fund. Recommend approval of the Concrete Construction Services with Mudrank Engineering & Construction Company in the amount of $49,550. Attachments 6+9 CITY OF CAPE CANAVERAL 2005-06 FISCAL YEAR BUDGET GENERALFUND- STREET 001-7-541. CODE DESCRIPTION I DETAILED JUSTIFICATION 4610 BUILDING & GROUNDS REPAIRS AND MAINTENANCE TO THE CITY BUILDINGS AND MAINTENANCE GROUNDS. THESE INCLUDE CITY HALL, THE ANNEX, VARIOUS PARKS, BASEBALL FIELD AND YOUTH 5 '4 ,r`+ r'f6 �..�`ii��4 w i, s�'r S-? x. std'' 11 OFFICE SUPPLIESOFFICE SUPPLIES. TRAINING/RESOURCE MANUALS FOR EMPLOYEES. CAPITAL EXPENSES: All' 6400 MACHINERY & EQUIPMENT REPLACEMENT BUCKET TRUCK (USED) $ 60,000 25% OF REPLACEMENT BACKHOE 15,000 NEW TECHNOLOGY 2,000 EQUIPMENT TOTAL $ 77,000 33 Contract Aueement May 20, 2006 Mudrak Engineering and Construction Co. To: Mr. ,Teff Ratliff Dale Mudrak P.E.. President (Lic. 4 CB C06D403)City of Cape Canaveral 21522 Hobby Horse Lane 601 Thurm Blvd PO Box 326 Christmas, PL 32709 Cape Canaveral; FL. 32920-326 Tel 407-568-18333 TEL 321-868-1240 Fax 407-568-1833 FAX 321-868-1233 Scope of Services: We propose to provide all labor and materials necessary for the construction of 1056 feet of sidew-alk located in the City of Cape Canaveral, FL. The proposed sidewalk will be 4 feet wide, 4 inches thick, min 3040 -PSI concrete with tgberrrmesh, expansion joints every 30 feet and constructionn joints every c fee's. Driveway crossings will be 6 inches thick and alley ways or ccnimercial access areas 'A ill be inches thick. All disturbed areas will be 'sodded. Traffic control will also ae provided during construction. I1nprints will be utilized at street crossings. A detailed break-dovn of the areas is a:, follows: Section 4 l Location- Washington Avenue to first drivev. Ay Length -94 feet Grade removal, all excavation in this section w`11 be done manually and vapor barri_r applied to minimize impact to existing large Oak Tree, Post Relocation (tree Support) Sod Imprint at Washington Av Section #t 2 Location- driveway to Adams Avenue Length- l 51 feet Grade removal and backslope 20 foot section of &-inch thick for dumpster access (.dxnpst..er and fence w be relocated by other.:) Sod Sage ,palm removal Tree borders (2 trees) Imprint at Adams Av Section # 3 Location- Adams Avenue :o Apartment Parking Length -21 feet Grade removal Sod Imprint at Adams Av Page 1 of 5 ContractAgreement-sidewalk-Magnotia 5/20!'006 Section 4 4 Location- Apwtm eat Parking to &IOOD Length -37 feet Grade removal Sod Section 5 Location- 8l OCA to Jefferson Ave Len,c, -46 feet Grade removal and back -slope Sod Imprint at Jefferson Av Cactus removal Section # 6 Location- Driveway at 8012 to Madison Ave Length -150 feet Grade removal Two -l2 foot driveways 6 inch thick Sod Imprint at Madison_ Av Section # 7 Location- North-East Corner of Monroe Ave & Magnolia Length -6 feet Grade rernoval Sod Imprint at Mawoe Av Section # 8 Location -Apartment to Jackson Ave Length-I40feet Grade removal and back -slope Sod Imprint at Jackson Av Cactus removal Irrigation Replacement Section # 4 Location- Jackson_ Ave to 7777 Magnolia Length -65 feet Grade rev -oval Sod Imprint at Jackson Av Section # 10 Location- 7777 Magnolia to Asphalt Parking Length -48 feet Grade removal Sod 20 feet of 8 inch thick concrete for dumpster access (sign relocation by others) Page 2 of 5 ContractAgr*eement-sidewalk-Magnolia 5120/N06 Section 4 11 Location- Harrison Ave to concrete Driveway Length -61 feet Grade removal and back -slope (4 fi) Sod Imprint at Harrison Av Section 4 12 Location- Concrete Driveway to Asphalt Parking Length -42 feet Grade removal and back -slope Sod Remove concrete pillar Bellsouth Phone Box (borders) Section # 13 Location- AsOait Parking to Tyler Ave Length -21 feet Grade removal and back -slope (2 ft) Sod Imprint at Tyler Ave Section 4 14 'Location- Tyler Ave to Asphalt parking (7522 Magnolia) Length -14& feet Grade removal Sod Imprint at Tyler Ave 20 feet of 8 inch thick concrete for alley access Power pole relocation by others Two -12 foot driveways 6 inch thick Section 4 1 Location- Asphalt parking (7522 Magnolia) to Polk Ave Length -26 feet Grade removal and hack -slope (3 fl) Sod Imprint at Polk Ave Legal Description: (legal description to be provided) City of Cape Canaveral We propose to furnish all material and labor in accordance with the above specifications for the sum of Thirty -Six Thousand, Six -Hundred Fifty Dollars and 001100 (536,650.00) Page 3 of 5 ContractAgreement-sidewalk-Magnolia 5,'20/2006 Option A Jefferson and Magnolia Remove 15 feet of existing :sidewalk and pour new sidewalk ovith impri>,tt ADD $2500 Option B Madison and Magnolia Remove 15 feet of existing sidewalk and pour new sidewalk with intprint. ADD 52500 Option C North -Fast Corner of Taylor and Magnolia Remove 15 feet of existing sidewalk and pour new sidewalk with isnprint ADD $2500 Option D South -East Corner of Taylor and .Magnolia Remove 15 feet of existing sidewalk and pour new sidewalk with imprint ADD $2500 Payments to be made as follows: Progressivepayments as work is completed. Full payment is %le e within 15 clays of completion. v Contractor's Sigaature: � Acceptance of proposal, the above price, specifications, attached general conditions and itemized quote are satisfactory and axe hereby accepted. You are authorized to do work as spetitied. Payment Will be made as outlined above. Owner's Signature: Date: Page 4 of 5 ContractAgreement-,sidewalk-Magnolia 5/20.200e General Conditions I. Any alteration or deviation from the specifications, including but not limited to an alteration involving additional materials and or labor, will be. executed only upon a written order signneci by the owmor and contractor and shall be ia(xvrporated in and become part of this contract. if trnere is any charge for sucli alteration or deviation, the additional charge shall be added to the contract price. 2. if payment is not made when cble, contractor may suspend work on the job until such time that all payments due are made. Failure to make payment for a period in excess of 15 days from the due date of payment shall be deemed a material breach of this contract. 3. Work shall be completed in a workman -like manner and in compliance -% it n all building codes and other applicable laws. 4. To the extent required by law, work shall be performed or administered by individuals duly licensed and authorized by law to perform said work_ 5. The Contractor may at its discretion engage subcontractor; to perform work h;xmunder. provided Contractor shall fully pa}• said subcontractor and in all instances remain responsible for the proper completion of this contract. 6. The Contractor shall furnish t' caner appropriate releases or waivers of lien for ail work perf'brm-ed or materials provided at the tune the next periodic payment is due. 7. The contractor agrees to remove all debris and leave the premises in broom clean condition.. S. The contractor shall not be liable for any delay due to circumstances beyond his control including weather conditions, strikes, casualty or general unavailability of materials. 9. The contractor warrants work for a period of 12 montes following completion. 10. The contractor represents that it has purchased and agrees that it wil l keep in force for the duration of the work in a company lawfully authorized to do business in the state of Florida, such insurance will protest the contractor and owner of the site, from claims fc+r loss or injury which might arise out of or result from &.e contractors operatics tinder this project. weather such operation be by the contractor or by a subcontractor or its subcontractor. Tine contractor represents and agrees that said insurance is written for and shall be maintainedin an amount not less than the limits of the liability required by law. 11. Note that Chis proposal does not include improvements that are required due to unforeseen conditions. This includes but is not limited to termite or rot damage. It also does not incL.ide improvernents that are required as a result of unforeseen soil coed: ions. 12. Due to the FIuctuations in material costs, any increases in materials beyond 5% shall be passed +gic to the owner. 13. In the unlikely event that 1bludrak Engineering and Construction Company, its required to five rivii action or institute any collection eiilorts against the customer, the customer agree to pa} any and all costs, fee, expenses, and attorney fees it~nctured by Mudrak- Engineering and Construction Company, regardless of weather suit is actaally filed and including but not limited to any and all casts, fees, expenses, and attorney fees incurred on appeal or in any post judglnncm collection efforts or proceedings. 14. Proposal is good for 60 days. Page 5 of 5 ContractAgreement-sidewalk-hfagnolia 5/20/20(16 Contract Aureement May 20, 2006 Mudra.k Engineering and Construction Co. Dale Mudrak P.L., President (Lic. # CD C060403) 21522 Hobby Horse Lane Christmas, Fl, 32709 Tel 407-568-1833 Fax 407-568-1833 To: Mr. Jeff Ratliff City of Cape Canaveral 601 Tl•,urin Blvd- PQ Box 326 Cape Canaveral, FL 32920-326 TEL 321-868-1240 FAX 321-868-1233 Scope of Services: We propose to provide all labor and materials necessary for the construction of 140 feet of sidewalk located in the City of Cape Canaveral, FL. The proposed sidewalk will be 4 feet wide, 4 inches thick, min 3000 -PSI concrete with fibermesh, expansion joints every 30 feet and construction joints every 5 feet. The sidewalk will be places around the Public Worl,:s Building. All disturbed areas will be sodded. Legal Description: (legal description to be provided) City of Cape Canaveral We propose to furnish all material and labor in accordance with the above specifications for the slim of Two Thousand} Nine -Hundred Eighty Dollars and 40110052 80.001 Payments to be made as follows: Progressive payments as work is completed. Full payment is due within 15 days of completion. 's Si " Contractor Signature: Acceptance of proposal, the above price, specifications, attached general conditions and itemized quote are satisfactory and are hereby accepted. You are authorized to do work as specified. Payment will be made as outlined above. Owmer's Signature: late: Page 1 oft ContractAgreement-sidewalk-Pw-building 5,'20/2006 General Conditions 1. Any alteration or deviation from the specifications, including bu not liraite-ti. to an alteration involving additional materials and or labor, will be cxceutcd on?,i upon a written order signed by the or%mcr and contractor and shall be, incorporated in and become part- of this contract. T there is any charge for such alteration or deviation, the additional charge shall be added to lit contract price. 2. If payment is not made when due, contractor may suspend work on the job un-il such time that all payments due are made. Failure to make payment for a period in excess of 15 days from the due date of payment shall be deemed a material breach. of this contract. 3. Work shall be completed in a workman -like in nne-r and in compliance with all blailding codes and other applicable laws. 4. To the extent required by lane, work shall be performed or administered by individuals duly licensed and authorized by law to perform said work. 5. The Contractor may at its discretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this contract. 6. The Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment is due. 7. The contractor agrees to remove all debris .and leave the premises in broom clean conditior. S. Tl:e contractor shall not by liable for any delay due to circumstances beyond his control including .weather conditions, strikes, casualty or general unavailability of materials. 9. The contractor urarrants work for a period of l2 months following completion. 10. The contractor represents that it ha.3 purchased. and agrees that it will keep in force for the duration of the work in a company lawfully authorized to do business in the state of Florida, such insurance will protest the contractor and owner of the site, from claims for loss or injury which might arise out of or result from the contractors operation under this project, weather such operation be by the contractor or by a subcontractor or its subcontractor. The contractor represents and agrees that said insurance is written for and shall be maintained in an amount not less than the limits of the liability required by law. 11. Note that this proposal does not include improvements that are required due to unforewen conditions. This includes but is not limited to termite or rot damage. It also does not include in, provements that are required as a res,.dt of unforeseen soil conditions. 12. Due to the Mctuations in material costs, any increases in materials beyond. 5% shall be passed on to the owner. 13. In the unlikely event that Mudrak Engineerings and Construction Company, is required to file civi: action or institute any collection shorts against the c_ustor, wr, the customer agrees to pay any and all costs, fees, expenses, and attorney fees incurred by 1vludrak Engineering and C.onstruct.ion Company, regardless of weather suit is acc:trlally filed and including but not limited to any iauid all costs, fps, expenses, and attorney fees, incurred on appeal or in any post judgment collection efforts or proceedings. 14. Proposal is good for 60 days. Page 2 of 2 ContractA.greisnuent-sidewal.lti-Nv-building 82012006 MI LLER,�EG Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Ordinances-lgt Reading Item No. 5 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2006, AMENDING CHAPTER 110, ARTICLE 4, DIVISION'), ALCOHOLIC BEVERAGES DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 03-2006, amending Chapter 110, Article 4, Division 2, Alcoholic Beverages; providing for patrons of restaurants to remove one unsealed bottle of wine from the premises,, providing for the issuance of temporary alcoholic beverage permits for convention halls, coliseums and similar type buildings, as well as for certain nonprofit civic organizations, as recommended by the Planning & Zoning Board. Summary Explanation & Background: The amendment is a result of a joint code review workshop meeting with the Planning Board. Section 110-171 (c) (2) adds a new provision that allows for patrons of restaurants licensed to sell wine on the premises to remove one unsealed bottle of wine for consumption off the premises, pursuant to Section 564.09 of the Florida Statutes. This ordinance adds a new Code Section 110-172, Temporary Alcoholic Beverage Permits, pursuant to Sections 561.421 and 561.422 of the Florida Statutes. I recommend approval. Exhibits Attached: P&Z memo/Ordinance No. 03-2006/Statute Sections City Ma isOffice , -- Department GROWTH MGMT/P&Z -nt\kim\my ocum admin\c it ting\2006\06-06-06\03-2006.doc City of Cape Canaveral er, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance No. 03-2006 Alcoholic Beverages At the Planning & Zoning Board meeting, held on May 10, 2006, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance with noted corrections. Please schedule this item for an upcoming City Council meeting agenda after the new draft is received from the City Attorney. 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 ORDINANCE NO. 03-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 110, ARTICLE IV, DIVISION 2, REGARDING ALCOHOLIC BEVERAGES; PROVIDING FOR PATRONS OF RESTAURANTS LICENSED TO SELL ALCOHOLIC BEVERAGES TO REMOVE ONE UNSEALED BOTTLE OF WINE FROM THE PREMISES IF PURCHASED AND PARTIALLY CONSUMED WITH A FULL COURSE MEAL; PROVIDING FOR THE ISSUANCE OF TEMPORARY ALCOHOLIC BEVERAGE PERMITS FOR CERTAIN CONVENTION HALLS, COLISEUMS, AND SIMILAR TYPE BUILDINGS, AS WELL AS FOR CERTAIN NONPROFIT CIVIC ORGANIZATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on February 21, 2006, that revisions are required to clarify Chapter 110 with regard to alcoholic beverages; and WHEREAS, section 546.99, Florida Statutes, allows for patrons of restaurants licensed to sell wine on the premises to remove one unsealed bottle of wine for consumption off the premises if certain requirements are met; and WHEREAS, sections 561.421 and 561.422, Florida Statutes, allow for the temporary issuance of permits for on -premises consumption of alcoholic beverages for certain convention halls, coliseums, and similar type buildings, as well as for certain nonprofit civic organizations; and WHEREAS, the City Council desires to amend Chapter 110 of the City Code with regard to alcoholic beverages in order to make its code consistent with Florida law; 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: City of Cape Canaveral Ordinance No. 03-2006 Page 1 of 5 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 strikee 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 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 as set forth in this section and also the following: (2) The establishment, iflicensed bythe state division of alcoholic beverages and tobacco to permit on -premises consumption ofbeverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida beverages laws (F.S. chs. 561 through 568). Provided, however, exceptions to this subsection 110-171)(a)(2) are: City of Cape Canaveral Ordinance No. 03-2006 Page 2 of 5 (c) Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: (2) Consumption of food and malt beverages of wine shall be on premises only; however, food carryout without the alcoholic beverages malt beverages may be permitted. Further, in accordance with Florida law, one unsealed bottle of wine may be removed for consumption off premises if purchased and partially consumed with a full course meal consisting of a salad or vegetable, entree, a beverage, and bread. A partially consumed bottle of wine to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises and shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with. A dated receipt for the bottle of wine and full course meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine must be placed in a locked glove comnartment_ a locked 4 . or the area behind the last unriaht seat of a motor vehicle that is not equipped with a trunk. Sec. 110-172. Temporary Alcoholic Beverage Permits. Reserved. (a) Upon approval of the city manager or the city manager's designee, the Division of Alcoholic Beverages and Tobacco may issue temporary permits without a special exception for the on -premises consumption of alcoholic beverages for the following: M Conventions. In convention halls, coliseums, and similar type buildings where there is an existing beverage license, the director of the Division of Alcoholic Beverages and Tobacco may, in his or her discretion, issue a permit for not more than five (5) calendar days for the display by manufacturers or distributors of products licensed under the provisions of chapters 561 through 568, Florida Statutes, and may authorize consumption of such beverages on the premises only. of the 64ildi nermit_ the director of the Division of Alcoholic Beverases and Tobacco may issue a permit authorizing a bona fide nonprofit civic organization to sell alcoholic beverages for consumption on the premises only, for a period not to exceed City of Cape Canaveral Ordinance No_ 03-2006 Page 3 of 5 three (3) days. All net profits from sales of alcoholic beverages collected during the permit period must be retained by the nonprofit civic organization. Any such civic organization may be issued only three (3) such permits per calendar year. (b) Any person or entity issued a temporary alcoholic beverage permit pursuant to this section shall be subject to the provisions of Chapter 6 of the city code, Alcoholic Beverages, as amended from time to time, including, but not limited to, hours of operation and nudity on the premises. Secs. 110-1723-110-190. Reserved. 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. ATTEST: ROCKY RANDELS, Mayor Bob Hoog Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance No. 03-2006 Page 4 of 5 For Against 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. 03-2006 Page 5 of 5 Statutes & Constitution :View Statutes :->2005->Ch0564->Section 09 : Online Sunshine Select Year: 2005 Go The 2005 Florida Statutes Page 1 of 1 Title XXM Chap -ter ._564 ViewEnnt re_Chapter ALCOHOLIC BEVERAGES AND TOBACCO WINE 564.09 Restaurants; off -premises consumption of wine. --Notwithstanding any other provision of law, a restaurant licensed to sell wine on the premises may permit a patron to remove one unsealed bottle of wine for consumption off the premises if the patron has purchased a full course meal consisting of a salad or vegetable, entree, a beverage, and bread and consumed a portion of the bottle of wine with such meal on the restaurant premises. A partially consumed bottle of wine that is to be removed from the premises must be securely resealed by the licensee or its employees before removal from the premises. The partially consumed bottle of wine shall be placed in a bag or other container that is secured in such a manner that it is visibly apparent if the container has been subsequently opened or tampered with, and a dated receipt for the bottle of wine and full course meal shall be provided by the licensee and attached to the container. If transported in a motor vehicle, the container with the resealed bottle of wine must be placed in a locked glove compartment, a locked trunk, or the area behind the last upright seat of a motor vehicle that is not equipped with a trunk. History. --s. 1, ch. 2005-250. Copyright ® 1995-2005 The Florida Legislature • Privacy Statement • Contact. -W http://www.leg.state.fl.us/Statutes/index.cfm?App_ node=Display_Statute&Search Strin... 05/30/2006 Statutes & Constitution :View Statutes :->2005->Ch0561->Section 421 : Online Sunshine Page 1 of 1 Select Year: 2005 ,G The 2005 Florida Statutes Title XXXLV Cha tp_er 561 Yiew—Enter ALCOHOLIC BEVERAGES AND BEVERAGE LAW: Chaote_r TOBACCO ADMINISTRATION 561.421 Temporary convention permits. --In convention halls, coliseums, and similar type buildings where there is an existing beverage license, upon the approval of the incorporated city, town, or board of county commissioners, the director may, in his or her discretion, issue a permit for not more than 5 calendar days for the display by manufacturers or distributors of products licensed under the Beverage Law; and may authorize consumption of such beverages on the premises only. History. --s. 1, ch. 71-100; s. 1, ch. 72-230; s. 850, ch. 97-103. Copyright © 1995-2005 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search Strin... 05/30/2006 Statutes & Constitution :View Statutes :->2005->Ch0561->Section 422 : Online Sunshine Page 1 of 1 Select Year: 2005 Go The 2005 Florida Statutes Title [V Chapter WI Vi.em- ntire ALCOHOLIC BEVERAGES AND BEVERAGE LAW: -. hapter TOBACCO ADMINISTRATION 561.422 Nonprofit civic organizations; temporary permits. --Upon the filing of an application, presentation of a local building and zoning permit, and payment of a fee of $25 per permit, the director of the division may issue a permit authorizing a bona fide nonprofit civic organization to sell alcoholic beverages for consumption on the premises only, for a period not to exceed 3 days, subject to any state law or municipal or county ordinance regulating the time for selling such beverages. All net profits from sales of alcoholic beverages collected during the permit period must be retained by the nonprofit civic organization. Any such civic organization may be issued only three such permits per calendar year. Notwithstanding other provisions of the Beverage Law, any civic organization licensed under this section may purchase alcoholic beverages from a distributor or vendor licensed under the Beverage Law. History. --s. 1, ch. 72-380; s. 1, ch. 83-79; s. 5, ch. 84-262; s. 2, ch. 2003-20. Copyright © 1995-2005 The Florida Legislature • Privacy Statement • Contact Us http: //www.leg. state. fl.us/Statutes/index.cfin?App_mode=Display_Statute&Search_Strin... 05/30/2006 Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Ordiinances-l" Reading Item 6 No. hotels or motels have a minimum of 150 units. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 04-2006, AMENDING CHAPTER 110, CLARIFYING THE PERMITTED USES AND STRUCTURES IN THE C-1 ZONING DISTRICT IN REGARD TO HOTELS AND MOTELS DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 04-2006 amending Chapter 110, clarifying the permitted uses and structures in the C-1 Commercial Zoning District with regard to hotels and motels, as recommended by the Planning and Zoning Board. Summary Explanation & Background: This amendment is a result of a joint code review workshop meeting with the Planning Board, and clarifies that hotels or motels have a minimum of 150 units. I recommend approval. Exhibits Attached: P&Z memo/Ordinance No. 04-2006 City Man aer' Office r '� Department GROWTH MGMT/P&Z cap�-ft\kim\mydocum&atel�'admin\council\meeting\2006\06-06-06\04-2006.doc City of Cape Canaveral ,, ,-«,mr, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance No. 04-2006 Clarifying Minimum Number of Required Hotel Units At the Planning & Zoning Board meeting, held on May 10, 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) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com ORDINANCE NO. 04-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES, CLARIFYING THE PERMITTED USES AND STRUCTURES IN THE C-1 LOW DENSITY COMMERCIAL ZONING DISTRICT WITH REGARD TO HOTELS AND MOTELS; MAKING CONFORMING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on February 21, 2006, that revisions are required to clarify Chapter 110 with regard to hotels and motels as a permitted use in the C-1 Low Density Commercial zoning district; and WHEREAS, it is the City's desire that any hotels or motels constructed in the C-1 Low Density Commercial zoning district have a minimum of 150 units; 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 arc 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 strikcattt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110, Zoning. It is intended that the text in Chapter 110, Zoning, 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 City of Cape Canaveral Ordinance No. 04-2006 Page I of 4 ARTICLE VII. DISTRICTS. 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: (4) Hotels; or motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. Section 3. Conforming Amendments to Chapter 110, Article IV, Division 2. The following amendment to section 110-171, City Code, is made in conformance with the above -referenced amendment and is necessary to implement the clarification set forth in Section 2 of this Ordinance (underlined type indicates additions and strikeout type indicates deletions). 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 City of Cape Canaveral Ordinance No. 04-2006 Page 2 of 4 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 as set forth in this section and also the following: (2) The establishment, if licensed by the state division of alcoholic beverages and tobacco to permit on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The distance shall be measured as the shortest linear distance between the property line of the establishment which proposes to provide for the sale and consumption of alcoholic beverages and the property line of any establishment which currently provides for the sale and consumption of alcoholic beverages. Further, the establishment shall be in compliance with the Florida beverages laws (F.S. chs. 561 through 568). Provided, however, exceptions to this subsection 110-171)(a)(2) are: (b) Hotels and motels which are approved in accordance with Cit, Code_with 56 or moze guestroom. Section 4. 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 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 04-2006 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2006. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos 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. 04-2006 Page 4 of 4 +r and gall bladder. During this abladder organs are at the helm The weather starts to warm. nd animal kingdom rises, as do eople. Wood symbolizes the l conditions are usually marked per-pigmentatin (age spots), oily art and small intestine. During small intestine are at the helm. imbalance is seen as redness, `ressive heat and perspiration, 'ires, irritated, red sensitive scalp, !ms, and menopausal flares. Vin; spleen and stomach. During 1 stomach are at the helm. The oson cannot stop on one exact cake its place one minute after. rj of each season, energies return ;!nation before emerging as new i, Each of these periods lasts 18 'ach season. During this time the "detox and change and this is the 'ice. Conditions associated with uildup. This includes; blemishes, jargged pores, heavy looking hair 'Irculation problems, cellulite, and s and large intestine. During this 1Mtestines are at the helm. Cooler 't plants and animals prepare to ,!associated belong c ated with fall disorders `i dull, lifeless skin, dry scalp, dry s circulation problems, poor ;elated problems. kidney and bladder. During this ;;bladder are at the helm. The l hts are longer, plant and animal ple tend to be sluggish. Disorders dehydration. This results in lack and wrinkles, lack of tone, limp iter retention (heavy legs), and is under the eyes. 'rse Medicine the skin provides iternal health. Conditions such as he lines and blemishes are signs of During a session your imbalance t'n the proper nutrients to restore 'energetic quality of the herbs, naturalproducts, including clays i properly used, can rebalance the iically. This means that not only do `l, healthy skin you want on the k at healing the imbalances on the 'iaintaining and restoring energetic beauty and wellness (physical and additional services such as facials, i;` waxing, eyelash and brow tint k treatments, ear wax removal and Ing. services offered are available, Zt up your appointment. ,Medicine Clinic "reet, Sebastian, FL 32958 's from Walmar0 2) 589-8931 habla espanol '638'5 NOTICE OF' PUBLIC HEARING CITY OF CAPE CANAVERAL, FLORIDA The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for First Reading of Ordinance No. 04-2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7:00 P.M., on Tuesday, June 6, 2006. The ordinance may be inspected in its entirety in the City Clerk's office during business hours (8:30 am. to 5:00 p m., Monday -Friday) . ORDINANCE NO. 04-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES, CLARIFYING THE PERMITTED USES AND STRUCTURES IN THE C-1 LOW DENSITY COMMERCIAL ZONING DISTRICT WITH REGARD TO HOTELS AND MOTELS; MAKING CONFORMING AMENDMENTS; PROVIDING OR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City herebyadvises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,.nor does it authorize challenges or appeals not otherwise .allowed bylaw. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Ordinances -l" Reading Item No. 7 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 05-2006, AMENDING CHAPTER 110, DIVISION 3, CERTIFICATE OF OCCUPANCY DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider at first reading Ordinance No. 05-2006, amending Chapter 110, Division 3, Certificate of Occupancy, as recommended by the Planning and Zoning Board. Summary Explanation & Background: This item derived from a joint code review workshop meeting with the Planning & Zoning Board. This amendment to Section 110-121 will be consistent with the Florida Building Code. I recommend approval. Exhibits Attached: P&Z memo/Ordinance No. 05-2006 City Manei%s;Office Department GROWTH MGMT/P&Z c-nt\kim\mydocu nt n\counc' ting\2006\06-06-06\05-2006.doc City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance No. 05-2006 Clarifying Certificate of Occupancy Regulations At the Planning & Zoning Board meeting, held on May 10, 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) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com ORDINANCE NO. 05-2006 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ARTICLE III, DIVISION 3, REGARDING CERTIFICATES OF OCCUPANCY; CLARIFYING THAT NO STRUCTURE SHALL BE USED OR OCCUPIED UNTIL THE BUILDING OFFICIAL HAS ISSUED A CERTIFICATE OF OCCUPANCY THEREFOR; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Zoning, and determined on February 21, 2006, that revisions are required to clarify Chapter 110 with regard to certificates of occupancy; and WHEREAS, the City Council desires to amend Chapter 110 of the City Code with regard to certificates of occupancy in order to make the code consistent with the Florida Building Code's provision related to certificates of occupancy; 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 strikeeat 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. 05-2006 Page 1 of 3 CHAPTER 110. ZONING ARTICLE III. ADMINISTRATION AND ENFORCEMENT DIVISION 3. CERTIFICATE OF OCCUPANCY Sec. 110-121. Required. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the city code or any other applicable law. No !mid or buiHing or part thereof etected ut altexcd in its ase vi structme shall be used tintil the building officiat shall liave issued a certificate of occapmicy stating that ! uch land, building ot part thereof mid tile PrOFOsed use thereof is found to be in conformity with this Chapter. Within flnee days afte, notification that a building vi w t thei cof iz, ready for occapaticy ot use, it shall be the dtrty of the building offici t� make a fit'tal inspection thereof mid to issue a certificate orf occupwicy if the land, building ot part thereof mid the proposed ase theteofis fbwid to %lonform witi.i. this chapter: If issuance of such certificate is refused, the building official shall state such refusal in writing with the reason. A temporary certificate of occupancy may be issued by the building official for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may require such conditions and safeguards as will protect the safety of the occupants and the public. 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. City of Cape Canaveral Ordinance No. 05-2006 Page 2 of 3 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 Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos 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. 05-2006 Page 3 of 3 Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Ordinances -Is` Reading Item No. 8 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 09-2006 AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 09-2006, amending Chapter 6, Alcoholic Beverages. Summary Explanation & Background: At the 05-16-06 City Council meeting, Council Member Petsos had a concern about keg parties on the beach and asked staff to look into prohibiting kegs on the beach. Attached is the Cocoa Beach Code and a note from their police chief. Also attached is a memo from the city attorney's office. Please advise. Exhibits Attached: City Attorney Memo/Ordinance No. 09-2006 City M� Office Department LEGISLATIVE /anagers, /7 cape-ntlTcim\mydoc ent dmin\councTlAiaeet.i.ag\2006\U6-U6-U6\U9-2UU6.doc BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lain Debra S. Babb-Nutcher" Offices in Orlando, Kissimmee, Cocoa Scott J. Dornstein Joseph E. Blitch & Ft. Lauderdale Andrew M. Fisher Usher L. Brown Mitchell B. Haller Suzanne D'Agresta" Katherine W. Latorre Anthony A. Garganese° Paul H. McLester J.W. Taylor Amy J. Pitsch Jeffrey S. Weiss _ Erin J. O'Leary Of Counsel 'Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law May 23, 2006 The Honorable Mayor Randels and Members of the City Council City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 Re: First Reading of Ordinance 09-2006 Prohibiting Containers of Alcohol on Beach (City of Cape Canaveral 513-001) Dear Mayor Randels and City Council Members: This correspondence follows the City Council's discussion at its May 16, 2006 Council meeting regarding prohibiting kegs on the beach. As requested, attached for your review on First Reading is Ordinance 09-2006, proposing to prohibit the possession of certain size containers of alcohol on the beach. Further guidance is required with regard to the exact size of the containers the Council desires to prohibit on the beach. Thus, you will notice that the size of the containers to be prohibited is currently left blank within the ordinance. To aid in your decision, please consider the following information: 1. A standard size keg, or half -barrel, holds approximately fifteen (15) gallons of beer. 2. A "pony keg," or quarter -barrel, holds approximately seven and one half (7.5) gallons of beer. 3. The City of Cocoa Beach's ordinance, adopted in June 2005, prohibits the possession of alcoholic beverages on the beach in containers greater than one (1) gallon in capacity. See § 15-21(a), Cocoa Beach City Code. 225 East Robinson Street, Suite 660 • P.O. Box 2873.Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa (866) 425-9566 - Ft. Lauderdale (954) 670-1979 Website: www.odandolaw.net - Email: firm@orlandolaw.net The Honorable Mayor Randels and Members of the City Council May 23, 2006 Page 2 Please consider the attached draft ordinance and related information on container size. During the City Council meeting on June 6, 2006, once the Council expresses its collective desire with regard to the size of containers it seeks to prohibit on the beach, the Council may proceed with First Reading of Ordinance 09-2006 as usual. My office will then revise the ordinance per the Council's directive and set it for Second and Final Reading for the June 20, 2006 Council meeting. In the meantime, please feel free to contact my office should you desire to discuss this matter further. Very truly yours, Kate Latorre, Assistant City Attorney Enclosure ORDINANCE NO. 09-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 6, ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES; PROHIBITING THE POSSESSION OF ALCOHOLIC BEVERAGES ON THE OCEAN BEACH OR DUNE IN CONTAINERS OR GREATER IN CAPACITY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council believes that the consumption of alcoholic beverages, without adequate regulations regarding the size and type of the containers in which such alcohol is contained, is a nuisance within the City; and WHEREAS, the City Council finds that in order to ensure that such nuisances do not exist within the City, it is necessary to clarify under what conditions and situations alcoholic beverages may be contained and consumed on the ocean beach; and WHEREAS, proper regulation to abate nuisances is important for the quality of life, safety and health of the residents of the City of Cape Canaveral; 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 6, Alcoholic Beverages, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this City of Cape Canaveral Ordinance No. 09-2006 Page 1 of 3 Ordinance): CHAPTER 6. ALCOHOLIC BEVERAGES ARTICLE III. POSSESSION AND CONSUMPTION DIVISION 1. GENERALLY Sec. 6-53. Reserved. Ocean beach. Ua� It shall be unlawful for any person to possess an alcoholic beverage, as defined in Chapter 561, Florida Statutes, on the ocean beach or dune in containers in ca aci . The city council may waive the prohibitions of this section for any special event, including: but not limited to, community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive anUprovisions of state law regulating alcoholic beverages. Secs. 6-543 — 6-65. Reserved. 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. City of Cape Canaveral Ordinance No. 09-2006 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2006. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos 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. 09-2006 Page 3 of 3 Page 1 of 1 Bennett Boucher From: Doug Scragg[douglas.scragg@brevardsheriff.com] Sent: Thursday, May 25, 2006 2:26 PM To: City Manager Bennett Boucher (E-mail) Cc: Jeff Ludwig Subject: FW: Per Your Request Attachments: 1407 Alcohol Containers.doc Bennett, As per your request, Lt. Ludwig will be available for input next week if needed Doug -----Original Message ----- From: James Scragg[mailto:jscragg@cityofcocoabeach.com] Sent: Thursday, May 25, 2006 1:06 PM To: Doug Scragg Subject: Per Your Request It is too early to determine what specific impact this legislation my have long term. We are still experiencing some behavioral issues attributed to excessive drinking. We continue in our opinion that only a total ban of alcohol in specified strips of the beach will provide relief to that issue. There was a time when we were considering the need to limit the size of living room furniture that was being brought onto the beach. Let me know if you need more specific information. i . Ames E. Scrag Chief of Police 20 South Orlando Avenue Post Office Box 322430 Cocoa Beach, FL 32932-2430 (321) 868-3269 jscr ggg cityofcocoabeach.com www.citvofcocoabeach. com. 05/26/2006 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ORDINANCE NO. 1407 AN ORDINANCE OF THE CITY OF COCOA BEACH, BREVARD COUNTY, FLORIDA, RELATING TO THE SIZE OF BEVERAGE CONTAINERS ON THE OCEAN BEACH, BY AMENDING CITY CODE CHAPTER 15, "OFFENSES," SECTION 15-20.1 "ALCOHOLIC BEVERAGES IN PUBLIC PLACES", TO CLARIFY RESTRICTIONS FOR CONTAINERS ON THE OCEAN BEACH AND PROVIDING FOR PENALTIES AND ENFORCEMENT; BY ADDING TO CITY CODE CHAPTER 15, "OFFENSES", A NEW SECTION 15-21 TO BE TITLED "ALCOHOLIC BEVERAGES ON THE OCEAN BEACH" TO REGULATE THE SIZE OF ALCOHOLIC BEVERAGE CONTAINERS ON THE OCEAN BEACH, LOCATIONS ON THE OCEAN BEACH WHERE POSSESSION OF ALCOHOLIC BEVERAGES IS NOT PERMITTED, AND PROVIDE FOR PENALTIES AND ENFORCEMENT; PROVIDING FOR INCORPORATION OF RECITALS, SEVERABILITY, INTERPRETATION, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Cocoa Beach has identified that the consumption of alcoholic beverages, without adequate regulations regarding the size and type of the containers in which such alcohol is contained, is a nuisance within the City and is contrary to provisions of the City Charter found in the Preamble of said Charter "to further the interest of all citizens of Cocoa Beach in the establishment of a low-density residential and family-oriented resort community with paramount consideration given to the health, safety, and welfare, comfort, and quality of life for all its citizens"; and, WHEREAS, the City Commission finds that in order to ensure that such nuisances do not exist within the City, it is necessary to clarify,under what conditions and situations alcoholic beverages may be contained and consumed on the ocean beach; and, WHEREAS, proper regulation to abate nuisances is important for the quality of life, safety and health of the City; and, WHEREAS, the City Commission held a duly noticed public hearing on May 5, 2005, to consider this amendment and has posted and provided public notice of this ordinance in accordance with City Code and Florida Statutes; and, WHEREAS, the City Commission finds that this ordinance will promote the public health, safety, welfare, economic order and public interest. NOW, THEREFORE, BE IT ORDAINED BY the City Commission of the City of Cocoa Beach, Florida: SECTION 1: The above recitals are true and correct and by this reference are hereby incorporated herein and made an integral part hereof as though fully set forth herein. CADoc. e, s and Setif gs�=benne::b.CITYOFCAPECANA�,?,�i col Settings'Je nporary [ ie,net Fties�,C;,_i;3. i4=.,Alcohol Cantainem.doc 49 SECTION 2: Chapter 15, "Offenses", Section 15-20.1, "Alcoholic Beverages in 50 Public Places", of the Code of Ordinances of the City of Cocoa Beach, Florida is herby 51 renumbered and amended to read as follows: 52 53 Sec. 15-204. Alcoholic beverages in public places. 54 55 (a) It shall be unlawful for any person to drink, consume or possess an 56 open container of alcoholic beverage, including but not limited to beer and 57 wine, on or upon any street, alley, sidewalk, public dune crossover or parking 58 area open to the public in the ordinary course of business; provided, 59 however, that this prohibition shall not apply to the ocean beach, except as 60 further regulated in Section 15-21 of this Code, or as may be authorized and 61 permitted as part of a Special Event approved under provision of Chapter 14 62 of this Code. 63 64 (b) Any person who violates or fails to comply with any provisions of this 65 Section "Alcoholic beverages in public places" shall be subject to the following: 66 67 (1) The issuance of Class III citation in accordance with the provisions of City 68 Code Chapter 31: or, 69 70 (2) Enforcement by other means including, but not limited to: a summons, a 71 notice to appear in the county or circuit court-, an arrest; an action before 72 the code enforcement board; or a civil action for injunctive relief; or, 73 74 (3) Punished in accordance with general penalty set forth in Chapter 1, 75 Section 1-8 of this Code. 76 77 78 79 SECTION 3: That the Code of Ordinances of the Cocoa Beach, Florida, Chapter 80 15, "Offenses", is hereby amended by adding a section to be numbered Section 15-21, 81 which said section to read as follows: 82 83 Section 15-21. Resewed Alcoholic beverages on the ocean beach 84 85 (a) It shall be unlawful for any person to possess alcoholic beverages on 86 the ocean beach or dune in containers greater than one gallon (128 fluid 87 ounces) except as may be authorized and permitted as part of a Special 88 Event approved under provision of Chapter 14 of this Code. 89 90 (b) Any person who violates or fails to comply with any provisions of this 91 Section "Alcoholic beverages on the ocean beach" shall be subject to the 92 following: Ordinance No. 1407 Page 2 of 4 4c] 94 (1) The issuance of Class III citation in accordance with the provisions of City 95 Code Chapter 31; or, 96 97 (2) Enforcement by other means including, but not limited to: a summons; a 98 notice to appear in the county or circuit court; an arrest; an action before 99 the code enforcement board; or a civil action for injunctive relief; or, 100 101 (3) Punished in accordance with -general penalty set forth in Chapter 1, 102 Section 1-8 of this Code. 103 104 105 106 SECTION 4: Severability. If any provisions of this Ordinance or the application thereof 107 to any circumstances is held invalid, the invalidity shall not affect other provisions or applications 108 of the Ordinance which can be given effect without the invalid provision or application, and to 109 this end the provisions of the Ordinance are declared severable. 110 111 112 113 SECTION 5: Interpretation. In interpreting the body of Sections 2 and 3 of this 114 Ordinance, the following rules of interpretation shall be utilized: 115 (1) Terms underlined are additions to existing text. 116 (2) Terms StFmGkeR thFeuo are deletions from existing text. 117 118 119 SECTION 6: Conflicts. All ordinances or parts of Ordinances in conflict herewith 120 are hereby repealed. 121 Ordinance No. 1407 Page 3 of 4 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 SECTION 7: Effective Date. This ordinance shall become in full force and effect upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida. Upon Motion by Commissioner Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of , 2005. ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Ordinance No. 1407 Ayes: Nays: Absent or Abstaining: Leon "Skip" Beeler, Mayor -Commissioner Page 4 of 4 Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Resolutions Item 9 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-20, FINAL REPLAT OF BEROJA PALMS TOWNHOMES DEPT/DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Resolution No. 2006-20 approving the final replat of Beroja Palms Townhomes as recommended by the Planning & Zoning Board. Summary Explanation & Background: This item was recommended by the Planning & Zoning Board at their 05/24/06 meeting. I recommend approval. Exhibits Attached: Resolution No. 2006-20/P&Z memo/Plat hand-out) City Mana Office Department GROWTH MGMT/P&Z m\myd uments drain\council ting\2006\06-06-06\2006-20 RESOLUTION NO. 2006-20 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "BEROJA PALMS TOWNHOMES"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ron Wallen, has complied with the platting procedures of the City of Cape Canaveral, Florida. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The Final Replat of Beroja Palms Townhomes, Replat of Lot 7, Block 70, Avon by the Sea Subdivision — (223 & 225 Lincoln Avenue) is hereby approved. plat. SECTION 2. The Mayor and City Clerk are hereby authorized to execute said SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of June 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY City of Cape Canaveral Date: May 30, 2006 Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Beroja Palms Townhomes Final Replat At the Planning & Zoning Board meeting, held on May 24, 2006, by a unanimous vote, the Board recommended approval of the above referenced final replat. 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) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com APPLICATION FOR PLAT REVIEW DATE OF SUBIUTTAL: (NOTE: SUBIMIITTAL MUST BE SUBMITTED A MIINV TYR M OF 30 DAYS PRIOR TO THE PLANNING & ZONING MEETING; PLAT MIDST MEET THE REQUIREMENTS OF SECTION 98-41 THROUGH 98-52). IS THIS A PRELai ff IARY PLAT, RE -PLAT, OR. FINAL PLAT? AMOUNT OF FILING FEE PAID: S ' �73.%/ . AMOUNT OF- EN GL�IEERING DEPOSIT PAID: S DID BREV:4RD CO -U TY, GEOGRAPHIC RESEARCH.._DIYISIQi�L.APPRO'VE-:.TEH,---- ---�-.— A---- REQUEST FOR STREET NVIE, IF APPLICABLE? CtiOTE: THIS NEEDS TO BE ----DON"E-PRIOR TO SUBMITTAL). YES NO N.A. PROJECT NA_NI M: PROJECT ADDRESS: LEGAL DES C OW-iN-ER(S) N 0 WINTER (S) AD t _ � PROJECT ARCHITECT/ENGL.N'EER: Cli n PHONE NO. OF ARCHITECT/EN'EER:_�-'1.,5� Ste. APPLICAINT(S) SIGNATURE: R-jN-ER/AGENT _.-P-HO_N`E-NUiVLBER OF OWiNT-RIAGE,N-T:---�3t���----- -------------- ------ April 25, 2006 TO: City of Cape Canaveral, Florida FROM: Owners of Beroja Palms Townhomes 223/225 Lincoln Avenue Cape Canaveral, Florida 32920 RE: Easement Access to Property The owners of Beroja palms_ Townhomes gives the City of Cape Canaveral, Florida permission for access/easement/right-of-way to u httes on said property Y � � � P P �' as needed, All inquiries related to this permission are to be directed to the owners: 223 Lincoln Avenue Joseph and/or Andrea Marine 225 Lincoln Avenue (812) 537-2048 Robert and/or Rebccca Grilrah 4'knatu.) (Authorized Signature) cc: Owners File April 25, 2006 TO: Ci of Cape Canaveral, Florida FROM: O ers of Beroja Palms Townhomes 22 25 Lincoln Avenue Ca a Canaveral, Florida 32920 RE: E*ment Access to Property The owners of Be o*a Palms Townhomes gives the City of Cape Canaveral, Florida, permission for access/easement/right-of-way to utilities on said property as needed. All inquiries related to this permission are to be directed to the owners: 223 Lincoln Aven ie 225 Lincoln Avenue Joseph and/or An Irea Marine Robert and/or Rebecca Grifnth (812) 537-2048 (812) 39-2711 (Authorized Signs Lure) (Authoriz ignature) cc: Owners File City of Cape Canaveral Beroja Palms Replat Location: Range: 37 Township: 24 Section: 23 Proposed Amendment Acreage: 0.15+/- Acres Permttted 15 DU per acre: 2 residential maximum whole site R-2 Residential Proposed Number of Upits: 2 Proposed Density: 14.28 DU/AC Current Future Land Use: R-2 Residential Current Zoning: R-2 Residential Description: The applicant proposes to build two (2), two story townhome units on a 0.15 acre lot. The subject site is located south of Lincoln Avenue and west of Orange Avenue. Townhome Requirements: Minimum Lot Area Minimum Lot Area Minimum Lot Width Minimum Lot depth Required Provided 6,250 sq. ft. 6,383.5 sq. ft. 1,600 sq. ft. 3,187.5 sq. ft. 20 feet 25 feet 70 feet 127.58 feet Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. North South East West Zoning R-2 Residential R-2 Residential R-2 Residential R-2 Residential Comp Plan R-2 Residential R-2 Residential R-2 Residential R-2 Residential Existing Conditions Multi Family Residential Single Family Residential Multi Family Residential Single Family Residential Townhome Requirements: Minimum Lot Area Minimum Lot Area Minimum Lot Width Minimum Lot depth Required Provided 6,250 sq. ft. 6,383.5 sq. ft. 1,600 sq. ft. 3,187.5 sq. ft. 20 feet 25 feet 70 feet 127.58 feet Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2004 was 9,807. This is still adequate park space available. AIA is operating at Level of Service "A" with 283 available peak hour trips between North City Limits to Central Blvd. AIA from Central Blvd to North Atlantic has a level of Service is "A" with 325 excess trips. If developed completely as residential, the site could generate 1 or 2 peak hour trips. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.26 MGD with an excess capacity of .54 MGD. The amount the project could generate is 600 gallons. However, there is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD. Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 MGD available. The amount of water needed for this project is 700alg lons per day. There is adequate potable water service available with the proposed change. - - --Brevard-County provides facilities for -solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. 4 Environmental Description of Amendment Area: The site is a Galveston -Urban land complex (GA) soil type. The soils in this complex are well -drained Galveston sand and sandy soils that consist of reworked and leveled sandy materials that resemble Galveston sand. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. The two units will probably accommodate 4 to 6 new persons. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: May 16, 2006 Re: Beroja Palms Final Replat I have reviewed the Beroja Palms Final Replat and have no comments at this time. If you have any questions, or need further information please feel free to contact me at 407-629-8880. Todd Peetz From: John Cunningham Ocunningham@ccvfd.org] Sent: Thursday, May 11, 2006 1:50 PM To: Todd Peetz Subject: Re: Beroja Palms Final Replat Todd, I have reviewed the plans and have no comments at this time. 5/17/2006 MEMORANDUM TO: Todd Morley, CBO Building Official FROM: Ed Gardulski Public Works Director RE: Replat Beroja Palms DATE: May 5, 2006 i t The Public Works Department has reviewed the Replat of the above project and does not have any comments or concerns: 05/08/2006 20:49 321-783-7065 STOTTLER PAGE 03 May 9, 2006 Mr. Todd Peetz Miller -Legg & Associates 631 South Orlando AvPn, ie Suite 200 Winter Park, FL 32789 RE! Final'Plat Review— Beroja Palms Town homes - Review#1 SSAJob No. 05.0025, Task 026.1003 Dear Mr. Peetz: SSA has reviewed the submitted final plat for the above referenced project. Based on our review, SSA recommends said plat for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. cerely, David Roy nes, PSM Chief Sury yor DRJ:jis CC: Susan L. Chapman City Engineer's Review Fee For Review #1- $500.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2nd review will be billed at $95.00 per hour. STOTIZER STAGG & ASSOCIATES ARCHITECTS ENGINEERS P 8680 North Atlantic Avenue P. O, Box 1630 Cape Canaveral, Florida 32920 PLANNERS, INC. vljoan sollarlualsivillpmjedckapeU-baroja plam, towMomes (mel Ph4kJ ,,Q�D00329 #E@0000762 Tel Tel 321-783-1320 Fax 321-783-7065 Meeting Type: Regular Meeting Date: 06-06-06 AGENDA Heading Discussion Item 10 No. Applicants/Charter Provision/Appointment Resolution AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: VACANT COUNCIL MEMBER SEAT DEPT/DIVISION: LEGISLATIVE Requested Action: City Council review the list of applicants and proceed with a selection process. Summary Explanation & Background: City Council has until June 30`'' to fill this vacant seat; term will expire with the November 2006 general election. Please advise. Exhibits Attached: Applicants/Charter Provision/Appointment Resolution City Manager's OW6 Department LEGISLATIVE cape-nt\kim\mydocuments\admin\council\meeting\2006\06-06-06\vacancy.doc Date: April 18, 2006 From: James E Morgan To: Bennett Boucher, City Manager, City of Cape Canaveral 7-71 — —.L Subject: RESIGNATION FROM CAPE CANAVERAL CITY COUNCIL Bennett, Please let this letter stand as official notification of my intention to resign my seat on the City Council effective May 30, 2006. Due to a busy personal schedule, and the pending law suit filed against the city by a company in which I am a part of, I feel a moral obligation to render my resignation at this time. I would like to communicate the sense of pride I've felt from the outpouring of support from Mayor Randell, Mayor Protem Bob Hoog, the many city employees and citizens of the city, requesting me to reconsider my resignation. I am humbled by the sentiment. I have enjoyed my tenure as a council member and am extremely proud of the accomplishment that the council has made during the past 3 plus years. Members of the council should be very proud and deserve a great deal of credit for it's part in making the city of Cape Canaveral to a great place live and do business. It is my strong hope that city government continues the friendly and helpful attitude towards customers, employees and the citizens at large. If I may, I would like to offer the following list of important initiatives that I hope will be considered/continued to be considered and worked, as high priority undertakings for the betterment of the city, it's employees and citizens. • Keep sewer rates down. • Complete the Ridgewood beautification project. • Complete the Ridgewood Storm Water Park for excess storm water (clean it up before it reaches the river) • Maintain employee wages, affordable insurance and benefits. • Complete sidewalks throughout the city. • Require training and certification for all members of all boards, regardless of years of service. • Ensure all boards practice fair, accurate and homogenous execution of city ordinances and codes. In closing, I wantto say that I am proud of my contribution to the city and feel that I have successfully achieved the goals which I set. I'm honored to have had the opportunity serve with you, the staff, and the other city personnel. You all do an exceptional job... keep up the good work! Vest Regards, C�Jim Morgan ARTICLE III. ELECTED OFFICERS, QUALIFICATIONS AND TERMS* Page 1 of I Sec. 4. Vacancies in elected offices. If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, or a vacancy occurring due to a Council Member's resignation pursuant to F.S. 99.012(3) commonly referred to as the "resign to run law," the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor Council Member who shall serve until the next General Election. At the next General Election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any Council Member so elected shall take office immediately upon that person's election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Council Members to fill the vacancies on the City Council and appoint successor Council Members to fill the vacancies on the City Council and any Council Members so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired terms of office of the Council Members whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such appointments shall be made within six (6) months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Mayor, the Mayor Pro Tem shall serve as Mayor until the next General Election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. If a vacancy occurs in the City Council, due to a resignation pursuant to the resign to run provision of F.S. 99.012(3), then the vacancy shall be filled by a vote of the electors of the City for the remainder of the original term at the same election for which the vacating Council Member seeks qualification and election, even though the vacating Council Member's resignation may not beeffective until after the day of the election. (Amended by election, 6-2-70; amended by election, 11-2-82; Ord. No. 38-93, § 4, 10-19-93; Amended by election, Ord. No. 23-98, § 2, 11-98) http://library3.municode.com/mcc/DocView/12642/1/3/6 05/30/2006 May 25, 2006 Susan Stiffs, City Clerk City of Cape Canaveral 105 Polk Ave. P.O. Box 326 Cape Canaveral, F132920 Dear Susan, �s D!STRiBUT 'N Mayor T" t_rtl=ci; Citi N„- - City Pub. 6urid.r`, -- �_!72_iCQ It is my understanding that there will be a vacancy on the City Council due to the resignation of Jim Morgan. The vacancy will exist until the next regular election in November of 2006. I resPectf* request that you enter my name into consideration to fill this vacancy from the time of appointment in June to the end of his term If you need further information, please contact me at 784-4383 Best regards, Burt Bruns 116 Washington Ave. Cape Canaveral, FI 32920 City of Cape Canaveral JACK C CHILDS 8062 SUNSET CT. CANAVERAL, FL 32920 HONE: 321 799 1498 As a resident of Cape Canaveral for the last fifteen years, It would be an honor to serve on the city council. I came here from Battle creek, Michigan. Where I worked for 40 [forty ] year for the KELLOGG CO. In the printing dept. as a pressman,/maintenance. while at KELLOGG'S I severed on the safety committee,& the United Way committee. I also spent 35 [thirty five ] years as an adult leader in the BOY SCOUTS OF AMERICA, 5 [five] years on the board of of the Calhoun county chapter of the AMERICAN RED CROSS. 3 [three ] years as President of the Emmit Twp volunteer rescue squad and 1 [one ]year as President of the Springfield LIONS Club. At the present I am a member of U S COASTGUARD AUX. 76. and on the board of the CHALLENGER 7 AMERICAN LEGION POST 348 In Cape Canaveral Sincerely Jack C. Childs To; Bennet Boucher, City Manager From; Bill Flack Subject; City Council Vacancy Dear Sir, �E r'''I� ' 2006 4f6 -d"/-- oa/ DIST_Rih!:TICN /v;ayor - -. —� Ci?y Council C,ty h1gr �� -Cer.. ;4tty ice uir. t� I would like to be considered to fill the vacancy on the Cape Canaveral City Council. I have been a resident of Cape Canaveral since moving here from Staten Island, NY in 1973. My first wife and I raised out two children here and they attended Cape View Elementary. In 1977 I was happy to join the Cape Canaveral Police Department as a patrol officer. I was later sworn in as a Deputy Sheriff when the city contracted with the Brevard County Sheriff's Office for law enforcement. In 19811 took a position as a Security Police Officer at the Cape Canaveral Air Force Station where I stayed until 1986. At that time I accepted a position with the City of Cocoa Beach Police Department where I am still employed as a Police Detective. I am a property owner in the city with a duplex at 290 Monroe Ave, a duplex at 208 Tyler Ave, and my residence at 712 Bayside Drive. I would be pleased to meet with you and/or council members to discuss this matter. Thank you for your consideration. Sinc5wly Bill a 712 Bayside Drive Cape Canaveral, FL 32920 321-799-0700 Judith A. Lau 211 Coral Drive, Cape Canaveral, FL 32920 Home: (321) 784-5065 Work (321) 394-0552 Email: ial4411 @earthlink.net May 19, 2006 Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: City Council Vacancy Dear Mr. Boucher: I would like to be considered for the current City Council vacancy. I chose to make Cape Canaveral my home because the city offered the quality of life I wanted. I have not been disappointed in my choice. However, our little paradise by the beach has now been discovered and change is here. It is very important, to me, that the city government continues to provide the vision and guidance that balances the quality of life and the impact of growth and development. I would like to be part of the team that provides that vision and guidance. I believe that my education, training and experience would be an asset to the City Council. Some of my qualifications are: • 1 am registered to vote in Brevard County and have been a resident of Cape Canaveral since 1992 • 1 have received a clear background check whenever one has been required by an employer • By education and professional experience I am able to evaluate and assess situations in a logical and rational manner • Much of my professional life has been devoted to assisting people solve problems by working within an existing system • 1 was self-employed for almost 15 years in a highly competitive field • I am a currently a salaried employee with Brevard Job Link and I have no ties, economic or otherwise, to any special interest group • My position with Brevard Job Link involves chairing the Scholarship Committee to ensure that the training budget of over $900,000. is expended in a manner consistent with all local, state and federal policies while providing needed assistance to our customers whether they are jobseekers or employers • 1 am a Florida Certified Workforce Development Professional; Florida Certified Juvenile Correctional Officer, and have been certified by the 18" Judicial Circuit as an Arbitrator, Mediator I have also attached a copy of my resume for your review. I look forward to answering any questions you might have. Thank you for your courtesy and consideration. Sincerely, udith A. Lau - -- `-- I chose to make Cape Canaveral my home because the city offered the quality of life I wanted. I have not been disappointed in my choice. However, our little paradise by the beach has now been discovered and change is here. It is very important, to me, that the city government continues to provide the vision and guidance that balances the quality of life and the impact of growth and development. I would like to be part of the team that provides that vision and guidance. I believe that my education, training and experience would be an asset to the City Council. Some of my qualifications are: • 1 am registered to vote in Brevard County and have been a resident of Cape Canaveral since 1992 • 1 have received a clear background check whenever one has been required by an employer • By education and professional experience I am able to evaluate and assess situations in a logical and rational manner • Much of my professional life has been devoted to assisting people solve problems by working within an existing system • 1 was self-employed for almost 15 years in a highly competitive field • I am a currently a salaried employee with Brevard Job Link and I have no ties, economic or otherwise, to any special interest group • My position with Brevard Job Link involves chairing the Scholarship Committee to ensure that the training budget of over $900,000. is expended in a manner consistent with all local, state and federal policies while providing needed assistance to our customers whether they are jobseekers or employers • 1 am a Florida Certified Workforce Development Professional; Florida Certified Juvenile Correctional Officer, and have been certified by the 18" Judicial Circuit as an Arbitrator, Mediator I have also attached a copy of my resume for your review. I look forward to answering any questions you might have. Thank you for your courtesy and consideration. Sincerely, udith A. Lau Judith A. Lau 211 Coral Drive, Cape Canaveral, FL 32920 Home: (321) 784-5065 Work (321) 394-0552 Email: iol441 1 @earthlink.net Summary of Qualifications • Resident of Cape Canaveral since 1992 • Registered Voter • Florida Certified Workforce Development Professional • Salaried employee, no connection with any special interest group • Excellent oral and written communication skills • Working knowledge of Spanish, both oral and written Experience Scholarship Unit Coordinator 1/02 - Present Brevard Job Link, Operations, 801 Dixon Blvd., Cocoa, FL ■ Chair Scholarship Unit (with an annual budget of over $900,0000) to ensure that all expenditures for customer training and support are consistent with federal, state and local policy and regulations ■ Brevard County coordinator for state Trade Act Adjustment program Group Treatment Leader Supervisor 2/99-12/01 Florida Dept of Juvenile Justice, Francis Walker Halfway House, Titusville, FL ■ Responsible for safe, secure operation of 22 bed moderate risk juvenile commitment program ■ Maintained all facility logs and reports to meet state standards ■ Supervised 10 Certified Juvenile Correctional Officers Case Manager 9/97-2/99 Human Service Associates, Brevard Division, Cocoa, FL ■ Provided mental health case management to youth involved with Florida Department of Juvenile Justice Case Manager 7/94-8/97 Childrens Home Society, Melbourne, FL ■ Provided mental health case management to youth involved with Florida Department of Children & Families Attorney at Law 11/78 — 10/92 San Diego, CA ■ Sole Practitioner engaged in the general practice of law with an emphasis on Criminal and Family related legal problems Education ■ Juris Doctor, Western State University, College of Law, San Diego, CA ■ Bachelors Degree, Psychology, San Diego State University, San Diego, CA Rocky Randels, Mayor and Members of the City Council The City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 ,:::),S':21 oat M:7,77 re: Letter of Interest for vacant City Council Seat Dear Mayor Randels and City Council: 205 Cherie Down Lane Cape Canaveral, Fl. 32920 321-784-6153 May 17, 2006 Please accept this letter of interest for the vacant seat in Cape Canaveral' s City Council. I have lived in this fine city since September of 2002 and have been employed in Port Canaveral since the day Ronald Reagan was re-elected. My credentials include: Father and husband; resident of Florida since 1980; Certified Florida Pest Control Operator; former & current small business owner, Reliant Environmentalists and Resort & Cruise Services; attend Our Saviour's Church, and member of the Brevard Rare Fruit Council. Graduated as 1 st Lt. from Charlotte Hall Military Academy, and hold Bachelor's degree in Political Science from Alderson-Broaddus with further education from the University of Maryland. My interests in maintaining and improving the City of Cape Canaveral include, but are not limited to: Traffic control (a daily Ridgewood jogger who can easily point to numerous stop sign runners & speeders); maintaining and improving the environmental requirements of Cape Canaveral and her beaches; inclusion of more art & humanities programs, and listening to the interests of our citizens. I have personal business on June the 6th 2006 and will not be able to attend that city council meeting. Respectfully, -7- Peter B. Nichols May 26, 2006 Richard Renaud 701 Solana Shores Drive, #408 -- T Cape Canaveral, FL 32920_ Phone (321) 783-6833 k" y Hand Delivered City of Cape Canaveral City Clerk's Office 105 Polk Avenue Cape Canaveral, FL 32920 Dear Sir/Madam: I am writing to advise that I am interested in the City Council vacancy created by the resignation of Council Member Jim Morgan. I have been a resident of Cape Canaveral for over 5 years and currently live at Solana Shores and am currently a registered voter in Brevard County. I spent 26 years working for the Social Security Administration and held positions of District Manager, Executive Director, and Regional Commissioner. I have a law degree and still practice Administrative Law, representing people who are disabled before the Social Security Administration. My interest as a Council Member would be to maintain and improve the way of life in Cape Canaveral, making certain that development is thoughtful and conforms to Council plans for the community. Thank you for your consideration. S= ely, Ric d Renaud Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 Dear Mr. Boucher: 703 Solana Shores Drive, #501 Cape Canaveral, Florida 32920 May 25, 2006 The purpose of this letter is to express my interest in the seat recently vacated on the Cape Canaveral City Council. If appointed to the Council, I would be honored to offer knowledge and insights gained from over 30 years of executive experience in government, business, professional and non-profit organizations. Areas of expertise include: strategic planning; budget, human resource, quality, and financial management; intergovernmental relations; and, organizational development. If appointed, I would propose to focus on the following City initiatives, among others: • Sound City budget and financial planning and management; • Progressive and responsible residential and commercial development; • Strategic planning for the City's promising future; • Expanded partnerships with others; • Enhanced City streets, walkways, bikeways, green space, and bus stops; • Beautification of our beaches; • Strengthened safety and security for our community; • Improved City facilities, such as the new City Hall; and, • Professional development and recognition of the City's exceptional workforce. I appreciate the opportunity to express my interest in serving on the Council and your consideration of my application. It would be an honor and a privilege to join you in serving the needs and interests of our citizens and great City. If you have any questions or need additional information, please feel free to contact me at: 321-784-3334 (home) or 321-615-1855 (cell). Respectfully submitted, C. Shannon Roberts Enclosure C. Shannon Roberts 703 Solana Shores Drive, #501 Cape Canaveral, Florida 32920 321-784-3334 (home); 321-615-1855 (cell) Resident of Cape Canaveral and registered voter in Brevard County since 1997. Community Involvement: • Member, Business and Cultural Development Board, City of Cape Canaveral • Member, Auditor Selection Committee, City of Cape Canaveral • Leadership Brevard, 2005 - 2006 • KSC Executive Escort Volunteer Space Coast Economic Development Commission Liaison • Space Coast World Trade Council Liaison • Brevard Cultural Alliance Liaison • Montgomery County, Maryland Juvenile Court Commission Member • Greenwich, Connecticut Crisis Hot Line Volunteer Work Experience: • Licensed Realtor, Remax Surfside Properties, Cape Canaveral • NASA Retired, Associate Director, External Relations & Business Development • Ombudsperson for Strategic Change • Director, Workforce Planning and Administration • Assistant Associate Administrator for Space Flight • Director, External Relations and Benchmarking • Lead, Outreach Team, National Performance Review • Deputy Director, Management Planning, U.S. Department of Transportation • Director, Financial Management • Associate Director, Commercial Space Transportation • Executive Director, President's Council on Management Improvement • Director, Communications • Director, Quality, Xerox Corporation • Assistant Director, Program Review and Budget, U.S. Department of Justice • Senior Policy Analyst • Member, Attorney General Review Commission for Federal Judgeships • Director, Study Release Program, N.C. Department of Corrections Professional Organization Experience: • Senior Executives Association, Board Member • Executive Women in Government, President and Board Member • Public Employees Roundtable, Board Member • President's Executive Exchange Program, President and Board Member • Federal Quality Institute, Quality Associate and Consultant • Federal Executive Institute Alumni Association, Board Member Education: • Doctor of Public Administration, University of Southern California • Master of Public Administration, Harvard University • Bachelor of Arts, University of North Carolina - Chapel Hill Attn: Bennett Boucher; City Manager 905 Polk Ave. Cape Canaveral, FL 32920 Re: City Council Dear Mr. Boucher, My name is Dexter Rogers and I would like to submit this letter for consideration to be a candidate for a member of City Council. I feel my past city and county involvements will have a positive influence on the City of Cape Canaveral. I am very familiar with the codes and ordinances pertaining to the City. I was President of the Kiwanis Club for 2003 and 2004. 1 was actively involved with the local schools. While working under the Brevard County Sheriff's Office, I was involved with Special Operations for Cape Canaveral and assisted with the Sheriff's Office's budget. In addition, I helped coordinate the children's Christmas programs for the City. My main concern for the City of Cape Canaveral is the children. I would like to help make the City a nurturing, safe and drug free environment in which the children can live, learn, and play. Since I am very confident that my previous experiences will be beneficial to the City, I am wilting to serve for no compensation for the remainder of this term. Thank you for your time to consider me for candidate as a member of Cape Canaveral City Council. Sincerely, Dexter Rogers Mayor Rocky Randels Mayor Pro -Tem Bob Hoo; Councilman Leo Nicholas Councilman Buzz Petsos May 30",2006 Dear Mayor and Councilmen, t the being vacated by Jim Morgan Please for thps seat wheneMresume as my Morgan was epectedtion andto fill the Council seat The resume includes Employment, was the next runner up. p yment, Civic, and Personal information and a brief narrative which I hope will assist you in your deliberations. Thank you for your support, ra r Resume: City Council Vacancy Cape Canaveral, Florida Craig Stewart 300 Columbia Drive #73301 Cape Canaveral, FL 32920 H (321)799-5421 W ()'21)868-5544 F (321)783-1458 E-mail: ccrealty@hotmail.com DOB: January 27,1955 Education: AA Miami Dade Community College (Journalism, Political Science) Florida International University — Miami, FL (Certified Labor Relations Professional) Employment History 1971 — 1974 Independent Steel Erectors : Ironworker and Crew Foreman I quit construction to join the Post Office 1974 -1994 US Postal Service — Positions Held - Clerk, Supervisor Window Operations, Supervisor Mails and Delivery, Superintendent Station Branch Operations Location(s): Hialeah, Miami, Fort Lauderdale, FL Job Descriptions) As a clerk I was responsible for many different duties. Distributing mail for carriers to deliver, selling stamps and postage to customers, weighing and receiving packages, customer relations. My supervisory positions started out managing a medium size retail operation and controlling/ procuring/ distributing stamp products for a large office and several satellite operations. I then was promoted to station and branch operations working with and being r:_sponsible for, a medium size operation of appx. 65 clerks and carriers on a daily basis. My finai promotion was to Superintendent of a large office — 130 carriers and 30 clerk positions — where I was responsible for overseeing of the daily operation as well as long-range planning and budgeting. I quit the Post Office to enter the private sector. 1994 — 1999 Florida Community Housing, Inc. - A Non -Profit Housing Corporation Position: Vice -President — Field Operations Job Description — Obtain properties to be used to provide low to moderate income families with homes. What Habitat For Humanity does with new homes, we did with already built, derelict properties. We rebuilt, remodeled, and made whole - run down, beat up unwanted homes and apartment complexes. We then made them available for purchase at affordable prices to families who could not otherwise afford housing. 1999 — Present Cape Canaveral Realty, Inc. Position: Owner, Broker Civic Activities. Past Florida Public Interest Research Group: Founding Member, FIU Campus Boy Scouts of America, Scoutmaster Troop 386, Hialeah, FL City of Hialeah Planning and Zoning Board, Member City of Hialeah Personnel Board, Member Miami River Regatta, Chairman Treasure Island Club Condo Association Board of Directors, Member Present: Cape Canaveral Code Enforcement Board, Member Personal: Married to Mary Catherine Stewart - October 151, 1978 Children: Kyle Craig Stewart (26), Ryan Blair Stewart (23), Sean Brendan Stewart (20) Member of Christ Community Church Narrative: I came here for a business project in 1994 and fell in love with Cape Canaveral. Once the project was complete I decided to stay, rather than move with the business. At that time I formed Cape Canaveral Realty, which I currently own and operate. I have extensive knowledge of the internal workings of government operations —both Federal and local(city), having worked as a craft employee, union officer, supervisor / manager, Personnel Board member and Labor Relations Professional. Among my responsibilities in these positions were: Hiring, firing, training, promotion and all human relation aspects of personnel management. Budget preparation was also one of my responsibilities for all the operations which I managed from 1979 until now. At different times I was also the appointed negotiator for both labor and management in local contract negotiations The Planning and Zoning Board heard all request for zoning changes, variances an approval. d code violations. Their findings and recommendations were forwarded to the city council for final The Personnel Board was quasi-judicial. It heard complaints/grievances from city employees who chose to go to it rather than through the Arbitration procedure. The Boards powers included hearing cases and making binding decisions in all matters brought. I also have experience in private industry dealing with the everyday management of small and medium sized businesses. May 18, 2006 City Manager: Bennett Boucher 105 Polk Ave. Cape Canaveral, FL 32920 (321) 868-1230 Dear Mr. Boucher KELLEY SWEET • photographer IECEOVE D MAY 3 1 2006 FJ �> 3i _ dz7 I trust this letter finds you doing very well. I am writing in response to the request for applications concerning the vacant City Council seat. My name is Kelley Sweet Jensen. My husband, Shane and I recently bought a home here in Cape Canaveral. Shane, after having served at Patrick AFB, working at AFTAC, knew we'd always want to end up here on the island. We're honored to call it home. I am a professional photographer and new mother. I have been a photographer for 18 years, Thirteen of them in Los Angeles. I have had my own business for 12 years and worked both independently and for assorted studios. Living and working in Los Angeles makes Cape Canaveral even more of a paradise. I was very involved in my community there, serving on the board of our Homeowners Association for 2 years. We worked extensively with the local City Council there as well as with other local businesses and groups. I look forward to continuing that committment to our home here. I have been reading a lot about the proposed changes, improvements and decisions facing Cape Canaveral over the next 10 years and given we are choosing to raise our children here, we are very interested in seeing how these plans play out. l like the changes I've seen just in the last 2 years so I know the City Council is following through and taking steps to meet the growing interest in this area both by merchants like Ron Jon's and residents like myself. Thank you for creating this opportunity. i Krodest Regards, I Kef -Sweet Jensen www.kelleysweet.com Cell: 323-573-1221 Hm. 321-392-3454 KelleyA2ECaol.corr Elizabeth L. Hodges 2419 Newbridge Court Pearland, TX 77584 May 22, 2006 City Manager: Bennett Boucher 105 Polk Ave. Cape Canaveral, FL 32920 (321) 868-1230 Dear Sir: It is with great pleasure that I recommend Kelley Sweet Jensen for the city council position. We grew up together in Houston and our families know each other. Kelley and I not only attended grade, middle and high school together but also attended church together. Her friendship has remained a constant in my life. During the two decades (since our graduation from high school), I have seen Kelley develop as a person and as a professional. Kelley's ability to relate to people made her a natural photographer. Her work in Los Angeles as a photographer speaks for itself, as her portfolio is one of a kind. Kelley has always displayed a high degree of dedication and responsibility to her family, friends and profession. She is a leader rather than a follower. In addition to her accomplishments as a photographer, she has always taken the time to go the extra mile as a person — whether it be for breast cancer awareness or providing mentoring to those less fortunate than her. She is also a most dependable team player, and her optimistic outlook is contagious to those around her. Kelley would be an asset to any organization, and I am happy to give her my wholehearted endorsement. Sincerely, Elizabeth L. o To whom it may conern, My name is Sharon Gams. I am a hair stylist in Los Angeles, Califonia. I have known Kelley for over ten years, all of them wonderful. She is one of the few photographers I look forward to working with. Kelley has worked with us regularly and we continue to fly her out yearly to continue her work with us now that she lives in Florida_ She has always been punctual, professional and is incredibly talented. She always comes in with a greeting for everyone full of happiness and smiles. I realize her photography will have nothing to do with her position on the City Council, should you choose her, but I wanted to mention her work, as no matter what the task, Kelley puts her whole heart into it. Kelley has a humorous and jovial personality. She could get a stubborn child to laugh and sit for photos, which frankly, is a miracle! She could even get a grumpy person to smile and laugh and enjoy their sitting. We had not one complaint or any unwanted photos. I would vote for Kelley if she was running for City Council in my community. 7aro you.n Garris W�r4W coon Wow 013 047-1717617. INTERCOASTAL PAGE 01 Crary Wolford 8472 Ridgewood Avenue Unit 403 Cape Canaveral, FL 32920 Subject: City Council �31 - 0 4L I am a local business owner interested in serving Cape Canaveral as a City Council Member. I take a special interest in our city because I have lived .hese my whole life. I own several pieces of property here and have served on past Board of Directors for Ocean Oaks Condo Association. I have good business acumen and love Cape Canaveral. I am currently serving as President of Flores Del Mar Condo Association. I also run my small business out of Cape Canaveral and have for the last nine years. I wish to represent all residents and look forward to making our city an even nicer place to live and work. I have seen many positive changes and see many challenges to come. I would like an opportunity to be a part of an already good problem solving team, working on community issues, and enhancing the quality of .living here in our city. Thank you for your consideration of allowing me the opportunity of serving as a City Council Member. Best Regards, i Wolford 7t3 F43e) If for any reason you should have a problem with your service, please call the City Manager's Office at 868-1230 or submit it to "A Better Place" found on the city website at www.myflorida.com/ cape. Please do not directly call Waste Management. The City Manager's Office needs to know about problems so that we may Ci serve the residents of Cape Canaveral to the best of our ability. Bo City t ANNOUNCEMENT :OF"CITYCOUNCIL VACANCY" Beau . Due the resignation of Couricl 'Member..Jim Morgan, the Code CapeCanaveral City Cotancil will accept Letters of Interest Code' from residents `'regarding this vacancy. City �'Council-=is, , authorized tip appoint someone .to :complet6 the term ' of office. pursuant to Article I I l; Section .4 of: the, City _code that" provides' for appointing, a=successor.-within thirty;(30) days following Ahd"vacancy Who""will serve-: office .UhtiL'�the next:: Busir Deve. Com Appe Get eral rElection. At the hext1General:_ lectiori",� , a vacartt position ;shall be filled Eby a`.uote ofthe electors"for the Publi` (Ridg . remainder of-the original term. Advii,. Work Applicants must ,be a resident of the Gity of Cape Canaveral and a registete&voter i'n Brevard County. Any, Publi (Ridg interested person ,may submi`: a Letter,: of . Interest to the = Plant City Clerk's, office, . by , 5:00 ,. P.M.: Thur'aday;` June 1 st.': Applicants `wiil =be considered fore appointment � at the Regular City Council Meeting on Tuesday, Junes 2006 at 71 P.M - The.. newly" appoEnted oumember will: Cncil mbebesworn win to take office At this.time.: Recrc All Board rhepub,; The "Aad` citizens v; Heard" s( May 12, 2006 willar VClitlb` I acceMed forvac.ant Conch at'�: By KA=y REASEs only requirements'are,that f StaJj writer the person must be a ,resi- dentof Cape Canaveral t CAPE CANAVERAL. - and be registered to vote. ;The city is looking for resi The council will 'review dents who might be inter- the applications and vote ested`in filling the vacant on their choices during the council seat when Jim June 6 council meeting. Morgan's resignation takes The person selected will effect later this month. serve until the November Other council nembers elections: They can run M are anxious to fill the again ,at that time if they Vacancy quickly because wish. of a number` of important Interested residents issues coming before the should send a letter to the council soon. city manager at 105 Polk Applications will be Ave., Cape Canaveral, FL accepted until June 1. The 32920. Ion'sCoin Man From page Al l the family. And the locals ple of months another just want to say hi and talk lucky person will have to a little." take over his job when he Although he has to work retires. a little harder during peak He wants to spend more vacation times such as time with his family, ;here j Spring Break to make. sure and in Ecuador. ' the meters have room for "In the end, what else is money, he usually is fin there but your family, he ished by 2:30 p.m. each said. day. But until he retires, Mr. L "What other job is there Perez says he's going to N that you can be out in the enjoy the next couple of sunshine and talk with months. N people all day," he With that, he slaps on his laughed. "It's just great." shades and heads out to But within the next cou meet his public. The Search' 4 For Your Car R Ends Here! ?k a Palm Beach Gardens thru Ormond Beach om - etow Cla's'sified RESOLUTION NO. 2006-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ADOPTED IN ACCORDANCE WITH CITY CHARTER, ARTICLE III, SECTION 4; ELECTING A SUCCESSOR COUNCIL PERSON IN ORDER TO FILL THE COUNCIL VACANCY CREATED BY THE RESIGNATION OF JAMES E. MORGAN; PROVIDING THAT SAID SUCCESSOR COUNCIL PERSON SHALL SERVE ON THE CITY COUNCIL UNTIL A SUCCESSOR IS DULY ELECTED AT THE NOVEMBER 7, 2006 GENERAL ELECTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a vacancy exists on the City Council of the City of Cape Canaveral, Florida, due to the resignation of James E. Morgan; and WHEREAS, Article III, Section 4 of the Charter of the City of Cape Canaveral requires that, in the event of a vacancy, the City Council shall elect a successor Council Person who shall serve until the next General Election; and WHEREAS, the City Council has reviewed the qualifications of the candidates for said office and desires to appoint a candidate to serve on the City Council in place of Steve Miller. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida as follows: SECTION 1. is hereby appointed as Council Person, to serve until the next General Election scheduled for November 7, 2006. Upon said appointment, shall have all the same rights and privileges of any other Cape Canaveral Council person. SECTION 2. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this day of June., 2006. SIGNATURE PAGE FOLLOWS: Resolution No. 2006-19 Page 2 of 2 Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan Absent Leo Nicholas Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY