HomeMy WebLinkAboutPacket 07-19-2005 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA:
of Cape Canaveral
REGULAR MEETING
ALL ANNEX
,ape Canaveral, Florida
ESDAY
19, 2005
00 PM
AGENDA
1. City Council Regular Meeting Minutes of June 21, 2005.
2. Bray, Beck and Koetter One Year Renewal of Audit Services.
3. Proclamation in Recognition of the Annual National Night Out.
4. Approval of a Special Outdoor Entertainment Permit Application for the
National Night Out.
CONSIDERATIONS:
5. Motion to Approve: Voting Delegate to the Florida League of Cities Annual
Conference August 18 — 20, 2005.
6. Motion to Approve: Center Street Landscaping Plan.
7. Motion to Approve: Appointment of a School Impact Fee Advisory
Committee Representative.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248
www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral, Florida
City Council Regular Meeting
July 19, 2005
Page 2 of 2
8. Motion to Approve: Final Site Plan for Casa Bonita, 103 Washington
Avenue — James E. Morgan, All Shores Construction & Development Inc.,
Applicant.
ORDINANCES: First Public Hearing:
9. Motion to Approve: Ordinance No. 13-2005; Amending Chapter 50-4,
Overnight Camping Prohibited, at first reading.
REPORTS:
1. City Manager
2. Staff
3. City Council
AUDIENCE TO BE HEARD:
Comments to be heard on items that do not appear on the agenda of this meeting.
Citizens will limit their comments to five (5) minutes. The City Council will not
take any action under the "Audience To Be Heard" section of the agenda. The
Council may schedule such items as regular agenda items and act upon them in
the future.
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the City Council with respect to any matter considered at
this meeting, that person will need a record of the proceedings, and for such purpose that person
may need to ensure that a verbatim record of the proceedings is made, which record includes the
testimony and evidence upon which the appeal is to be based. This notice does not constitute
consent by the City for the introduction or admission into evidence of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Persons with disabilities needing assistance to participate in any of these proceedings should contact
the City Clerk's office (868-1221) 48 hours in advance of the meeting.
CITY COUNCIL REGULAR MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Florida
TUESDAY
June 21, 2005
7:00 PM
MINUTES
CALL TO ORDER:
A meeting of the Cape Canaveral City Council was held on June 21, 2005 beginning at
7 p.m. in the City Hall Annex, 111 Polk Avenue. The recording secretary called the roll.
Mayor Randels called for a moment of silence for the passing of Mr. Frank Hoog, one of
the City's founders, and asked that all donations be sent to the Cape Canaveral Volunteer
Fire Department.
ROLL CALL:
Council Members Present:
Mayor Pro Tem Bob Hoog
Council Member Jim Morgan
Council Member Buzz Petsos
Mayor Rocky Randels
Council Member Absent:
Council Member Burt Bruns
Others Present:
City Manager Bennett Boucher
City Attorney Anthony Garganese
Assistant City Clerk Virginia Haas
Building Official Todd Morley
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of June 7, 2005.
Mayor Randels asked if any interested party would like to remove item number one from
the consent agenda. There was no request to remove consent agenda item number
one.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to approve consent
agenda item number one. The vote on the motion carried 4-0 with voting as follows:
City of Cape Canaveral, Florida
City Council Regular Meeting
June 21, 2005
Page 2 of 8
Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels,
For.
CONSIDERATIONS:
2. Motion to Approve: Interlocal Agreement with Brevard County Providing for
the Participation in the Emergency Medical Services Facilities Impact Fee
Program.
Mayor Randels reviewed that impact fees from new homes will be used for capital
improvement for emergency medical equipment due to new growth. Each city will have a
representative on the board to determine where the impact fees will be spent. Mayor
Randels noted the following exemptions: Expansion of existing units, accessory buildings,
replacement of existing residences occupied in the last five years, and government owned
buildings. Mr. Boucher stated that funds will be utilized as a warehouse for drugs and
additional ambulances. It was noted that Cocoa Beach must now pay all County impact
fees which will begin July 1, 2005.
Mr. Petsos stated that Florida Statutes gives the County authority to require impact fee
programs, thus the City has no choice in the matter.
A motion was made by Mayor Pro Tem Hoog and seconded by Mayor Randels to
approve the Interlocal Agreement with Brevard County providing for participation in
the Emergency Medical Services Facilities Impact Fee Program. The vote on the
motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan,
For; Mr. Petsos, For and Mayor Randels, For.
3. Motion to Approve: Preliminary Re -Plat of Casa Bonita, 103 Washington
Avenue — Nancy Murray, Property Owner.
Mr. Morgan announced that he would abstain from voting due to a conflict of interest.
Mayor Randels explained that the owner subdivided the lot into four sections for town
homes. Mr. Petsos noted that the Planning and Zoning Board had unanimously
recommended the preliminary re -plat to the City Council for approval.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
approve the Preliminary Re -Plat of Casa Bonita, 103 Washington Avenue. The vote
on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr.
Morgan, Abstain; Mr. Petsos, For and Mayor Randels, For.
4. Motion to Approve: Canceling or Rescheduling the July 5, 2005 Regular City
Council Meeting.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 21, 2005
Page 3 of 8
Mr. Petsos stated that he would be out of town at the time of the July 5, 2005 City Council
Meeting. Mr. Boucher stated that the July 6, 2005 budget meeting would be rescheduled
as well. The next regular City Council Meeting will be held on July 19, 2005.
A motion was made by Mr. Morgan and seconded by Mayor Pro tem Hoog to cancel
the Regular City Council Meeting scheduled for July 5, 2005. The vote on the
motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan,
For; Mr. Petsos, For and Mayor Randels, For.
ORDINANCES: Second Readin
5. Motion to Adopt: Ordinance No. 11-2005; Amending Chapter 110, Providing
for Revised and Additional Application and Procedural Requirements for Re -
zonings, Variances, Special Exceptions, and Administrative Appeals, Making
Conformity Amendments to Chapter 58, at second reading.
Mayor Randels read Ordinance No. 11-2005 by title.
Mayor Randels explained that the first reading of Ordinance No. 11-2005 was June 7,
2005 and concerns a new set of standards and checklists for special exceptions and re -
zonings for Chapter 110. The Ordinance was duly advertised on June 11, 2005.
Mr. Gary Sager, 333 Holman Road, inquired if this Ordinance would make variances more
difficult to be approved? Attorney Garganese responded that the ordinance sets
procedures, standards and criteria based on case law. Mr. Petsos interjected that the
Planning and Zoning Board is fairly conservative and the ordinance is good for the
community.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to adopt Ordinance
No. 11-2005; Amending Chapter 110, Providing for Revised and Additional
Application and Procedural Requirements for Re -zonings, Variances, Special
Exceptions and Administrative Appeals, Making Conformity Amendments to
Chapter 58, at second reading. The vote on the motion carried 4-0 with voting as
follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor
Randels, For.
ORDINANCES: First Reading:
6. Motion to Approve: Ordinance No. 07-2005; Setting Forth and Adopting a
Large Scale Comprehensive Plan Amendment, Referenced as Ls-Cpa-05-
01, Providing for Adoption of an Amendment to the Future Land Use Map
by Designating Certain Real Property within the City of Cape Canaveral
Containing 5.38 Gross Acres More or Less, and Located Generally along
North Atlantic Avenue South of Cape Shores Drive and North Of Holman
Road, more Particularly and Legally Described herein in Exhibits "A" and
City of Cape Canaveral, Florida
City Council Regular Meeting
June 21, 2005
Page 4 of 8
"B," Attached Hereto and Fully Incorporated herein by this Reference, from
"C-1 Low Density Commercial" to "R-2 Medium Density Residential" or "11-
3 Medium Density Residential"; Providing an Effective Date and Legal
Status of the Plan Amendment; Providing for Transmittal of the Plan to the
Department of Community Affairs, at first reading.
Mayor Randels noted that Ordinance No. 07-2005 was withdrawn by the
applicant.
7. Motion to Approve: Ordinance No. 10-2005; Setting Forth and Adopting a
Large Scale Comprehensive Plan Text Amendment, Which Shall Amend the
Comprehensive Plan Relevant to the Coastal Management Element to
Require Florida Department of Environmental Protection Approval for New
Development East of the Coastal Construction Control Line; Providing for
Transmittal of the Plan to the Department Of Community Affairs, at first
reading.
Mayor Randels read Ordinance No. 10-2005 by title.
Mayor Randels explained that the City is adding a new policy number 4.3 to the
Coastal Management Element that would allow rebuilding of existing projects
damaged by hurricanes east of the Construction Control Line. Mayor Randels
continued that the construction should be rebuilt to current regulations and requires
approval by the Department of Environmental Protection.
Mr. Mo Ladue, Columbia Drive, questioned approval for "new development" in the
title. Mr. Morley responded that the building code states that if restoring occurs
over 50%, new development must be approved by the Department of
Environmental Protection. Mr. Morgan noted that most of these lots are non-
conforming.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
approve Ordinance No. 10-2005; Setting Forth and Adopting a Large Scale
Comprehensive Plan Text Amendment, Which Shall Amend the
Comprehensive Plan Relevant to the Coastal Management Element to
Require Florida Department of Environmental Protection Approval for New
Development East of the Coastal Construction Control Line; Providing for
Transmittal of the Plan to the Department of Community Affairs, at first
reading. The vote on the motion carried 4-0 with voting as follows: Mayor
Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For and Mayor Randels, For.
8. Motion to Approve: Ordinance No. 12-2005; Amending Chapter 82 of the
City Code Entitled Buildings and Building Regulations, Relating to the
Florida Building Code; Providing for Updates due to Amendments to the
Florida Building Code, at first reading.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 21, 2005
Page 5 of 8
Mayor Randels read Ordinance No. 12-2005 by title.
Mr. Morley reported that the 2004 Building code will be adopted concurrent with
State requirements and based on International Code with Florida specific
provisions. Mr. Morley continued that Assistant Attorney Buak drafted the
ordinance with a reference to the International Property Maintenance Code
(IPMC). Mr. Morley pointed out that the IPMC requires property owners to
provide maintenance and also addresses tenant/landlord issues. Mr. Morley
stated that the City has outgrown the standard housing code and recommends
adopting the IPMC. Mr. Morgan stated that the IPMC code should be reviewed
to ensure that no conflicts exist with City Ordinances. Attorney Garganese stated
the need for some form of property maintenance code on the books. Attorney
Garganese clarified that Mr. Morley is recommending striking the 1997 reference
to the standard housing code and utilizing the 2003 IPMC code. Mr. Petsos
noted that the 1997 code contains many issues not addressed but the IPMC
code has added new tools like maintenance for vacant properties.
Mr. Morgan requested that Ordinance No. 12-2005 be postponed in order to
compare the City code versus the IPMC and review any conflicts.
Mr. Jay Osborne, Holman Road, inquired as to which code is better for roofing
adhesives and flashing. Mr. Morley responded that the 2001 Florida Building
Code would cover these items and copies could be obtained at City Hall.
There was no motion, no second or roll call regarding Ordinance No. 12-2005.
DISCUSSION:
9. Amending Code Section 50-4 Camping Prohibited.
Attorney Garganese stated that the City has the right to adopt regulations to
prohibit camping/sleeping on public beaches which can also apply to portions of
private beaches. Attorney Garganese questioned how this law might apply to
homeless and transients. He continued that Federal cases say that it is a
violation of the 8th amendment not to allow homeless persons to sleep on the
public beaches and would consider it cruel and inhumane. He noted that the City
should attempt to provide adequate shelter and public areas for homeless
persons. Mr. Morgan asked if the shelters are advertised. It was noted that the
Police could direct them to shelters located at reasonable distances. Mr. Petsos
stated that Brevard County has designated areas, and our Police Department
should be informed. Attorney Garganese pointed out that sleeping on private
property would constitute trespassing.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 21, 2005
Page 6 of 8
Gail Gault, Holman Road, stated that a homeless person fell out of a tree on her
property. The Sheriff was notified and the homeless camp was given 24 hours to
move. The owner then posted no trespassing signs.
Mr. Osborne mentioned Northwind Ministries, and noted the author of a
homeless book who could offer some ideas to council.
Mrs. Judy Hale stated while walking and doing city projects, she hasn't seen
many of the homeless people and most have moved out of the area.
Council directed staff to inquire into county designated areas and retrieve
input from the Sheriffs department on the status of the homeless problem.
10. Setback Encroachment for Pad Mounted Emergency Generators.
Mr. Morley stated that current side setback regulations do not permit pads for
emergency generators and there is a trend in homeowners purchasing personal
generators. Mr. Morgan expressed that he would like to see the Planning and
Zoning Board work on screening the units in the side setbacks. Mr. Morley
stated that platforms will generally be 5 foot square. Mr. Petsos noted that the
Ordinance should state that this exception is for emergency situations only.
Mayor Pro Tem Hoog stated that he spoke with Dave Sargeant, who noted that
the fire department only needs an access of 2 feet on one side of the house. Mo
Ladue pointed out that some homes have the condensing unit and generator
located on the same pad. Mr. Morley mentioned regulating noise standards and
the time of day generators are restarted.
11. Florida Power and Light Proposal to Install an Underground Feeder Tie.
Mr. Bill York, Florida Power and Light stated that overhead/underground
conversion will cost more due to pad mount switches. Mr. Boucher stated that
Code Section 110-482 requires that primary facilities shall be placed
underground. Mr. Boucher was unclear why the developer was not paying for
the conversion. Mr. York explained that utilities underground result in additional
costs. Mr. Morgan asked why Florida Power and Light is exempt from following
City Codes. Attorney Garganese responded that the Florida Supreme Court
defers to the Public Service Commission to compel FP&L to locate power lines
underground. Mr. Boucher stated that this is related to new infrastructure in
public right of ways. The purpose is to tie two lines together with two risers to
feed the underground facilities. Mr. Petsos stated that he believes that this is
between the developer and FP&L to install the underground utilities. Mr.
Boucher explained that FP&L wants to install replacement upgrades on Thurm
Boulevard up to Puerto Del Rio. Mr. Boucher asked the City Council if they
desired a proposal from FP&L to install these underground. Council directed
staff to investigate the cost of underground services for replacement of old lines,
City of Cape Canaveral, Florida
City Council Regular Meeting
June 21, 2005
Page 7 of 8
not for new construction. City Council reiterated that they would like to see the
proposed developers pay the costs associated with installing the new
underground facilities.
Ms. Shannon Roberts stated that she enjoys and values the underground facilities
and the City should encourage the same value system.
Mr. Petsos read a portion of the franchise agreement stating that FP&L would work
with developers to plan underground facilities.
AUDIENCE TO BE HEARD:
Dr. Ross McCluney, 219 Johnson, explained his concern over the growth
population in the City of Cape Canaveral. He questioned much sewage and solid
waste would be generated and who will pay for any other needed expansions. Dr.
McCluney asked what reserves the City will have. Dr. McCluney also mentioned the
increased traffic on A1A and expressed seeing a disturbing trend. Dr. McCluney noted
that in order to save the quality of life in the City, he is asking Council Members to
discontinue rezoning to higher density.
Ms. Shannon Roberts inquired about fireworks stores in the jurisdiction. Mayor
Randels replied that the firework stands are located in Brevard County. Ms. Roberts
requested an update from Senator Haridopolis and Ron Pritchard regarding a
breakdown on money received from the County. Ms. Roberts suggested covered areas
for bus stops. Mr. Morgan replied that transients were the main reason for not purchasing
overhead coverage for bus stops. Ms. Roberts stated that North Atlantic Avenue at
Shorewood Drive and Villages of Seaport are very dangerous intersections due to
trucks parking and stopping near or in the road.
Mr. Osborne stated he would like Dr. Ross McClune to be placed on the next City Council
Agenda to discuss suggestions for the population growth in Cape Canaveral. Mr.
Boucher responded that the City Planner, Todd Peetz, is conducting a GIS Land Use
Study at this time.
Mrs. Joan McCluney stated that delivery trucks are speeding down Johnson Avenue
and voiced concern about the safety of children in the area.
REPORTS:
1. City Manager
Mr. Boucher reported on the status of a school resource officer for
Capeview. An amendment to the School Resource Officer Contract for this
year would occur in August.
City of Cape Canaveral, Florida
City Council Regular Meeting
June 21, 2005
Page 8 of 8
• Mr. Boucher reported that the City could share a Metropolitan Planning
Organization seat with Cocoa Beach and he has obtained a copy of the
South Beach Transportation Coalition. The City could propose a North
Beach Transportation Coalition.
• Mr. Boucher reported that fireworks signs are being advertised on A1A as
well as articles in newspaper.
• Mr. Boucher reported that the Planning and Zoning Board is working on the
vacation rental ordinance and a special exception request for a
communication tower on Imperial boulevard.
• Mr. Boucher reported on a meeting with FP&L in Rockledge. FP&L will only
take 20 percent of the City's requests. Hospitals, assisted living, nursing
homes and police departments are at the top of the list. Mr. Boucher
pointed out that Lift station 1 on Washington was added which was
swapped out for the police department.
• Mr. Boucher reported he is finalizing the draft budget and preparing an
analysis on the facilities planning.
2. Staff
City Attorney, Anthony Garganese
• Attorney Garganese reported proposed changes for the interlocal agreement with
Capeview. He noted that the School Board is concerned about the playground
impact on school board insurance coverage and feels that the City should pay any
difference. He further noted that the School Board and the City will share
maintenance and upgrades and the School Board believes the City should provide
security and supervision for the playground property. City Council directed the City
Manager to speak with the School Board Superintendent.
Ms. Haas reminded Council that financial disclosure reports are due by July 1,
2005.
3. City Council
Due to the late hour, no City Council reports were given.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:10 p.m.
Rocky Randels, MAYOR
Virginia Haas, Assistant City Clerk
Meeting Type: Regular
Meeting Date: 07-19-05
AGENDA
Heading
Consent
Item
2
No.
Moore & Co. dated 12-18-2001
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT TO APPROVE A ONE-YEAR RENEWAL OF AUDIT SERVICES WITH
BRAY, BECK & KOETTER, INC.
DEPT./DIVISION: ADMINISTRATION/FINANCE
Requested Action:
City Council consider approval of a one-year audit services agreement with Bray, Beck & Koetter.
Summary Explanation & Background:
Total cost for services for the fiscal year ending September 30, 2005 is $30,650.
Exhibits Attached:
Bray, Beck and Koetter Agreement Letter Dated 06-14-2005; Letter to Certify Auditing Standards from James
Moore & Co. dated 12-18-2001
City Manager's Qffice
Department ADMINISTRATION/FINANCE
cape-nt\kim\mydocuments\admin\council\meeting\2005\07-19-05\audit.doc
June 14, 2005
Melbourne, Florida
City of Cape Canaveral, Florida
Mr. Bennett Boucher
105 Polk Avenue
Cape Canaveral, FL 32920
We are pleased to confirm our understanding of the services we are to provide for the City of Cape Canaveral,
Florida for the year ended September 30, 2005. We will audit the financial statements of the governmental
activities, the business -type activities, each major fund, and the aggregate remaining fund information, which
collectively comprise the entity's basic financial statements of the City of Cape Canaveral, Florida as of and for the
year ended September 30, 2005. The document we submit to you will include the following supplementary
information required by generally accepted accounting principles that will be subjected to certain limited
procedures, but will not be audited:
1. Management's Discussion and Analysis.
Also, the document we submit to you will include the following additional information that will be subjected to the
auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in
relation to the basic financial statements:
1. Combining and individual nonmajor fund financial statements and schedules.
The document will also include the
procedures applied in our audit of the
opinion:
1. Introductory section.
2. Statistical section.
Audit Objectives
following additional information that will not be subject to the auditing
financial statements, and for which our auditor's report will disclaim an
The objective of our audit is the expression of an opinion as to whether your financial statements are fairly
presented, in all material respects, in conformity with generally accepted accounting principles and to report on the
fairness of the additional information referred to in the first paragraph when considered in relation to the general
purpose financial statements taken as a whole. Our audit will be conducted in accordance with generally accepted
auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the
Comptroller General of the United States, and will include tests of the accounting records of the City of Cape
Canaveral, Florida and other procedures we consider necessary to enable us to express such an opinion. If our
opinion on the general-purpose financial statements is other than unqualified, we will fully discuss the reasons with
you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an
opinion, we may decline to express an opinion or to issue a report as a result of this engagement.
We will also provide reports (that do not include opinions) on internal control related to the financial statements and
compliance with laws, regulations, and the provisions of grant agreements, noncompliance with which could have a
material effect on the financial statements as required by Government Auditing Standards. The document will also
include the following additional information that will not be subject to the auditing procedures applied in our audit
of the financial statements, and for which our auditor's report will disclaim an opinion.
June 28, 2005
Page Two
Management Responsibilities
Management is responsible for making all financial records and related information available to us. We understand
that you will provide us with such information required for our audit and that you are responsible for the accuracy
and completeness of that information. We will advise you about appropriate accounting principles and their
application and will advise you in the preparation of your financial statements, but the responsibility for the financial
statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal
entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of
any proposed entries and the impact they have on the financial statements. That responsibility includes the
establishment and maintenance of adequate records and effective internal control over financial reporting, the
selection and application of accounting principles, and the safeguarding of assets. Management is responsible for
adjusting the financial statements to correct material misstatements and for confirming to us in the representation
letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and
pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial
statements taken as a whole.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for
informing us about all known or suspected fraud, or illegal acts affecting the government involving (1) management,
(2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have
a material effect on the financial statements. You are also responsible for informing us of your knowledge of any
allegations of fraud or suspected fraud, or illegal acts affecting the government received in communications from
employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and
ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to
remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report.
With regard to the electronic dissemination of audited financial statements, including financial statements published
electronically on your website, you understand that electronic sites are a means to distribute information and,
therefore, we are not required to read the information contained in these sites or to consider the consistency of other
information in the electronic site with the original document.
As part of the audit, we will prepare a draft of your financial statements and related notes. In accordance with
Government Auditing Standards, you will be required to review and approve those financial statements prior to their
issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those
financial statements. Further, you are required to designate a qualified management -level individual to be
responsible and accountable for overseeing our services.
We will prepare the general ledger trial balance for use during the audit. Our preparation of the trial balance will be
limited to formatting information in the City of Cape Canaveral, Florida's general ledger into a working trial
balance.
Audit Procedures — General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial
statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas
to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether
the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting,
(3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity
or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is
subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting
abuse. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not
perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be
detected by us.
June 28, 2005
Page Three
In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental
regulations that do not have a direct and material effect on the financial statements. However, we will inform you of
any material errors that come to our attention, and we will inform you of any fraudulent financial reporting or
misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or
governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is
limited to the period covered by our audit and does not extend to matters that might arise during any later periods for
which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and
may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other
assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will
request written representations from your attorneys as part of the engagement, and they may bill you for responding
to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about
the financial statements and related matters.
Identifying and ensuring that the City of Cape Canaveral, Florida complies with laws, regulations, contracts, and
agreements is the responsibility of management. As part of obtaining reasonable assurance about whether the
financial statements are free of material misstatement, we will perform tests of the City of Cape Canaveral, Florida's
compliance with applicable laws and regulations and the provisions of contracts and agreements. However, the
objective of our audit will not be to provide an opinion on overall compliance and we will not express such an
opinion.
Audit Procedures - Internal Control
In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to
determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the
City of Cape Canaveral, Florida's financial statements.
We will obtain an understanding of the design of the relevant controls and whether they have been placed in
operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain
controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial
statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance
matters that have a direct and material effect on the financial statements. Tests of controls are required only if
control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be
necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on
internal control issued pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we
will inform the governing body of any matters involving internal control and its operation that we consider to be
reportable conditions under standards established by the American Institute of Certified Public Accountants.
Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or
operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process,
summarize, and report financial data consistent with the assertions of management in the financial statements. We
will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required
by Government Auditing Standards.
June 28, 2005
Page Four
Audit Administration, Fees and Other
We understand that your employees will prepare all cash or other confirmations we request and will locate any
invoices selected by us for testing.
We previously inquired about the nature and extent of any relationships between the City, its officers, and City
commissioners, and The American Express Company and its affiliates. Please advise us immediately if there are
any changes to those relationships.
If you intend to publish or otherwise reproduce the financial statements and make reference to our Firm name you
agree to provide us with the intended printers' proof or master for our review and approval before printing. You
also agree to provide us with a copy of the final reproduced material for our approval before it is distributed.
To the best of your knowledge you are unaware of any facts, which might impair our independence with respect to
this engagement. (i.e., unpaid fees, family relationships, affiliations).
Our fees for the annual audit and the other services described above for each of the year ending September 30, 2005
will be $30,650. These fees are dependent upon continuing operations at the City of similar size and similar scope.
Any significant changes in city operations or scope of the engagement will be approved by the City prior to
performing the additional work.
We will submit invoices monthly as services are performed based on actual hours worked at standard hourly rates
applicable to persons performing the work. Our invoices are due and payable upon presentation to the City.
In accordance with our firm policies, work may be suspended if your account becomes 120 days or more overdue
and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, you
will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the
date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that
unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we
will discuss it with you and arrive at a new fee estimate before we incur the additional costs.
You may request that we perform additional services not contemplated by this engagement letter. If this occurs, we
will communicate with you regarding the scope of the additional services and the estimated fees. We also may issue
a separate engagement letter covering the additional services. In the absence of any other written communication
from us documenting such additional services, our services will continue to be governed by the terms of this
engagement letter.
Government Auditing Standards require that we provide you with a copy of our most recent external peer review
report and any letter of comment, and any subsequent peer review reports and letters of comment received during
the period of the contract. Our 2001 peer review report accompanies this letter. Bray, Beck & Koetter, CPA, P.A.
had an AICPA administered peer review completed in December 2004 for the year ended June 30, 2004. Pursuant
to professional standards, we will furnish the City with a copy of this peer review report as soon as we receive
notification of acceptance from the AICPA.
June 28, 2005
Page Five
We appreciate the opportunity to be of service to the City of Cape Canaveral, Florida and believe this letter
accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If
you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to
us.
Very truly yours
BRAY, BECK & KOETTER, CPA, P.A.
Edward J. Beck, CPA
Managing Director
APPROVAL:
This letter correctly sets forth the understanding of the City of Cape Canaveral, Florida.
I=
Title:
Date:
JAMES MOORE &- CO., P.L.
CERTIFIED PUBLIC ACCOUNTANTS
To the Partners of
Bray, Beck & Koetter, CPAs, P.A.
and the SEC Practice Section Peer Review Committee
We have reviewed the system of quality control for the accounting and auditing practice of Bray,
Beck & Koetter, CPAs, P.A. (the firm) in effect for the year ended June 30, 2001. A system of
quality control encompasses the firm's organizational structure and the policies adopted and
procedures established to provide it with reasonable assurance of complying with professional
standards. The elements of quality control are described in. the Statements on Quality Control
Standards issued by the American Institute of Certified Public Accountants (the AICPA). The
design of the system, and compliance with it, are the responsibilities of the firm. In addition, the
firm has agreed to comply with the membership requirements of the SEC Practice Section of the
AICPA Division for CPA Firms (the Section). Our responsibility is to express an opinion on the
design of the system, and the firm's compliance with that system and the Section's membership
requirements based on our review.
Our review was conducted in accordance with standards established by the Peer Review
Committee of the Section and included procedures to plan and perform the review that are
summarized in the attached description of the peer review process. Our review would not
necessarily disclose all weaknesses in the system of quality control or all instances of lack of
compliance with it or with the membership requirements of the Section since it was based on
selective tests. Because there are inherent limitations in the effectiveness of any system of quality
control, departures from the system may occur and not be detected. Also, projection of any
evaluation of a system of quality control to future periods is subject to the risk that the system of
quality control may become inadequate because of changes in conditions, or that the degree of
compliance with the policies or procedures may deteriorate.
In our opinion, the system of quality control for the accounting and auditing practice of Bray,
Beck & Koetter, CPAs, P.A. in effect for the year ended June 30, 2001, has been designed to
meet the requirements of the quality control standards for an accounting and auditing practice
established by the AICPA, and was complied with during the year then ended to provide the firm
with reasonable assurance of complying with professional standards. Also, in our opinion, the
firm complied during that year with the membership requirements of the Section in all material
respects.
i
December 18, 2001
Daytona Beach, FL
WHEREAS, the National Association of Town Watch (NATW) is sponsoring a
unique, nationwide crime, drug and violence prevention program on August 2"d, 2005
entitled "National Night Out"; and
WHEREAS, the "22nd Annual National Night Out" provides a unique opportunity
for The City of Cape Canaveral to join forces with thousands of other communities
across the country in promoting cooperative, police -community crime prevention efforts;
and
WHEREAS, The City of Cape Canaveral plays a vital role in assisting the
Brevard County Sheriffs Office, Canaveral Precinct through joint crime, drug and
violence prevention efforts in Cape Canaveral and is supporting "National Night Out
2005" locally; and
WHEREAS, it is essential that all citizens of Cape Canaveral be aware of the
importance of crime prevention programs and impact that their participation can have on
reducing crime, drugs and violence in Cape Canaveral; and
WHEREAS, police -community partnerships, neighborhood safety, awareness
and cooperation are important themes of the "National Night Out" program.
NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral,
Brevard County, Florida, do hereby call upon all citizens of Cape Canaveral to join the
Brevard County Sheriff's Office, Canaveral Precinct and the National Association of
Town Watch in supporting the "22nd Annual National Night Out" on August 2"d, 2005.
FURTHER, LET 1T BE RESOLVED THAT, 1, Mayor Rocky Randels, do hereby
proclaim Tuesday, August 2"d, 2005 as "NATIONAL NIGHT OUT" in The City of Cape
Canaveral.
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT
Permit No.
Date:
The applicant or representative agrees to be on site at all times empowered with authority over all
aspects of the event and empowered to act for the applicant.
Name of Applicant:Doug Scragg/Bennett Boucher Title:Pct. Commander/City Manager
Firm:Brevard County Sheriff's Office/City of Cape Canaveral
Address: 111 Polk Avenue
Cape Canaveral, FL 32920
Telephone: (321) 868-1113 FAX: (321) 784-8340
Local Contact: Corporal Brenda Deans Title: Corporal
Local Address (if different from above) Same
Type of Event: National Night Out — Community event
Event Date(s) in Cape Canaveral: 08/02/05
Location(s): 111 Polk Avenue Date(s) 08/02/05 Time5:00 — 8:00 P.M.
Attach map(s) indicating event area and designated parking areas.
XTraffic Control
XStreet Closing
❑Other
[RUse of Police/Fire Rescue Equipment
❑Vehicles/Equipment on Beach
❑Vehicle Parking on City Property
Specify: Poinsetta Avenue closed between Polk and Taylor Avenues
By signing this application, the applicant acknowledges and agrees to the following provisions:
INSURANCE
A written public liability insurance policy insuring the person staging, promoting or conducting the
outdoor entertainment event against any and all claims and demands made by any person for injuries
received in connection with the staging, promoting, conducting or attendance of or at the outdoor
entertainment event, written within limits of not less than $300,000.00 damage or injury to any one
person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than
$500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus
$50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the
application for a special outdoor entertainment permit, together with adequate evidence that the premiums
are paid.
Name of Insurance Co: Florida League of Cities Policy No:
Expiration Date
10/01/05
II. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation
purposes and other media related purposes.
III. EXPENSES/FEES
The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual
rates and any other permit fees that may be applicable to the particular production as required by the City
of Cape Canaveral.
IV. EXEMPTIONS
Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the
sections waived dealing with the health, safety and welfare of those in attendance, as well as the general
public, have been otherwise provided for as required by said code. List any exemptions you are seeking.
Applicant or Representative/Title
Date
Approved by City of Cape Canaveral:
City Representative's Name: Bennett Boucher
Title: " ityMauager
,,I/
Applicanlssliatl'keep a copy of this approved permit and attachments on the day of the event within the
City of Cape Canaveral.
For further information, please contact: City of Cape Canaveral
Bennett C. Boucher, City Manager
105 Polk Avenue
Cape Canaveral, FL 32920
Phone: (321) 868-1230
Fax: (321)868-1224
MUSEMEN'TS AtiD ENTERTAINMENTS
ARTICLE I. R4 GENERAAL
Secs. 10-1-10-25. Reserved.
ARTICLE 1. AMUSEMENT DEVICE
CODE*
Sec. 10.26. Adopted.
(a) The Standard Amusement Device Code,
1985 edition, published by the Southern Building
Code Congress International, Inc., is adopted by
reference as though it were copied fully in this
article.
(b) Whenever the term "administrative
authority" or "official" is used in the amusement
device code adopted in this section, it shall be con-
strued to mean the building official of the city or
his authorized representative.
(c) Any person who shall violate or who shall
fail to comply with the code adopted in this sec-
tion or who shall violate or fail to comply with
any order or regulation made under the code
adopted in this section or who shall build in vio-
lation of any detailed statement or specifications
or plans submitted and approved under such code
or any certificate or permit issued under such code
shall, for each and every such violation and non-
compliance, respectively, be punished as provided
in section 1-15.
(Code 1981, H 628.01-628.03)
Sec. 10-27. Amendments.
The amusement device code adopted in section
10-26 is amended as follows:
(1) Section 108.1 is amended to read as follows:
Appointment. There is hereby established
a board to be called the construction board
of adjustment and appeals, which shall con-
sist of five members. The board shall be
appointed by the city council.
(2) Section 108.2 is amended to read as follows:
108.2. Membership and Terms.
*Cross reference—Code enforcement, § 2-246 et seq.
§ 10.46
108.2.1 'Membership. Members of the con-
struction board of adjustment and appeals
should be composed of individuals with
knowledge and experience in the technical
codes, such as design professionals, contrac-
tors or building industry representatives.
A board member shall not act in a case in
which he has a personal or financial in-
terest.
108.2.2 Terms. The terms of office of the
board members shall be two years from the
date of appointment. Continued absence of
any member from required meetings of
board shall, at the discretion of the city
council, render any such member subject to
immediate removal from office.
108.2.3 Secretary of Board. The building
official or designee shall act as secretary of
the board and shall make a detailed record
of all of its proceedings, which shall set forth
the reasons for its decision, the vote of each
member, the absence of a member and any
failure of a member to vote.
(3) Section 108.3 is amended to read as follows:
108.3 Quorum and voting. A simple ma-
jority of the board shall constitute a
quorum.
Secs. 10-28-10-45. Reserved.
ARTICLE III. OUTDOOR
ENTERTAINMENT'
DIVISION 1. GENERALLY
Sec. 10-46. Definitions.
The following words, terms and phrases, when
used in this article, shall have the meanings as-
cribed to them in this section, except where the
context clearly indicates a different meaning:
Outdoor entertainment events means any gath-
ering of groups or persons for the purpose of par-
tCross references—Code enforcement, § 2-246 et seq.;
parks and recreation, ch. 54; streets, sidewalks and other public
places, ch. 66; buildings and building regulations, ch. 32;
zoning, ch. 110.
CD10:3
North Precinct
East Precinct
;riti i�!.and
Canaveral Precinct
l,nl:c '��f18'; eLyl, PL
Rr-c-1 i
West Precinct
South Precinct
P:ielbcurne 1 L.
Brevard County
Detention Center
i Internationally Accredited
w Enforcement Agency
BREVE) COUNTY SHERIFF'S OFFICE
700 Park .Avenue Titusville, Florida 32780-4095 1321) 264-5201
April 18, 2005
City of Cape Canaveral
City Manager, Mr. Bennett Boucher
105 Polk Avenue
Post Office Box 326
Cape Canaveral, Florida 32920
Reference: National Night Out
Dear Mr. Boucher:
Fax (321) 264-5360
As you are aware, the 22"d Annual National Night Out has been scheduled for
August 2, 2005. The event will be held in the parking lot and park adjacent to
the side of Canaveral Precinct, from 5:00 p.m. to 8:00 p.m. We have begun
preparations for. this event and would appreciate your assistance with the
following:
Poinsetta Avenue between Polk and Taylor will be closed beginning at 4:00 p. m.
through the end of the event. Mr. Gardulski is aware of this request and has
agreed to assist. We anticipate a display of Fire Department vehicles in this
area.
The parking lot on the south side of the precinct will be used for this event. We
request that all vehicles are removed from the lot by 3:00 p.m. on August 2"d
We will have "National Night Out" banners for display in various locations in
the city, preferably three weeks prior to the event. Ifpossible, we would like to
request assistance from the street division in hanging the banners.
We request the City utilize the Marquee Sign to advertise the event, up to two (2)
weeks prior to August 2"1
We will also require additional funding for refreshments and promotional items.
The use of a credit card will be sufficient rather than check requests. Following
is a list of anticipated expenses:
Item Description
Qty
Price
Total
Food
200
$200.0
NNO T -Shirts
20
$ 6.79
$135.0
NNO Banners
5
$ 99.00
$99.0
Crime Prevention Coloring Books
100
$ 35.00
$70.0
Child 1D Kits
150
$ 150.00
$150.0
NNO Buttons
100
$ 0.49
$49.Od
NNO Pens
100
$ 79.00
$79.0
Total
1
$782.0
At this point, we want to ensure that all necessary notifications are completed,
including Street Division, Parks & Recreation, County Library and your staff.
Please advise Corporal Brenda Deans of any questions you may have regarding
this event.
Sincerely,
J. R. "Jack" Parker
Brevard County riff
i
Commander Doug Scragg
Cape Canaveral Precinct
DS.•baf
C. City Clerk Susan Stills
Public Works Director Ed Gardulski
Recreation Director Nancy Hanson
Library Director Isabel Escapa
Street, Beautification Kay McKee
Meeting Type: Regular
Meeting Date: 07-19-05
AGENDA
Heading
Considerations
Item
5
No.
City Manager's Office
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: VOTING DELEGATE TO THE FLORIDA LEAGUE OF CITIES ANNUAL
CONFERENCE
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council to appoint a voting delegate to represent the City during the Florida League of Cities Annual
Conference in August, 2005.
Summary Explanation & Background:
Exhibits Attached:
Florida League of Cities Voting Delegate and Resolution Information
City Manager's Office
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2005\07-19-05\flc.doc
FLORIDA LEAGUE OF CITIES, INC.
301 South Bronough Street, Suite 300 . P.O. Box 1757 . Tallahassee, FL 32302-1757
(850) 222-9684 • Suncom 278-5331 . Fax (850) 222-3806 . Web site: www.flcities.com
TO: Municipal Key Official
qw
FROM: Michael Sittig, Executive Director
DATE: June 6, 2005
SUBJECT: 79th Annual Conference — Face to Face!
VOTING DELEGATE AND RESOLUTION INFORMATION
August 18-20, 2005 Orlando World Center Marriott
As you know, the Florida League of Cities' Annual Conference will be held at the Orlando
World Center Marriott in Orlando, Florida on August 18-20. This year's theme, Face to Face
will provide valuable educational opportunities to help Florida's city officials serve their
citizenry more effectively.
It is important that each city designate one person to be the voting delegate. Policy
development, election of League leadership and adoption of resolutions are undertaken during
the business meeting. One official from each city will make decisions that determine the
direction of the League.
In accordance with the League's by-laws, each city's vote is determined by population, and
the League will use the Estimates of Population from the University of Florida for 2004.
Registration materials have already been sent to each city. Call us if you need additional
copies. We have attached the procedures your city should follow for presenting resolutions to
the League membership. If you have any questions on voting delegates, please call Gail
Dennard at the League at Suncom 278-5331 or (800) 616-1513, extension 256. If you have
questions regarding resolutions, please call Allison Payne Suncom 278-5331 or (800) 616-
1513, extension 116. Resolutions forms must be received by the League no later than July
8, 2005 and Voting delegate forms must be received by the League no later than July 20,
2005.
Attachments: Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
President Clay Ford, Mayor Pro Tem, Gulf Breeze
First Vice President Julio Robaina, Council President, Hialeah ♦ Second Vice President Rene Flowers, Councilwoman, St. Petersburg
Executive Director Michael Sittig ♦ General Counsel Harry Morrison, Jr.
79th Annual Conference
Florida League of Cities, Inc.
August 18-20, 2005
Hollywood, Florida
It is important that each member city sending delegates to the Annual Conference of the
Florida League of Cities, designate one of their officials to cast their votes at the Annual
Business Session. League By -Laws requires that each city select one person to serve as the
city's voting delegate.
Please fill out this form and return it to the League office so that your voting delegate may be
properly identified.
Designation of Voting Delegate
Name of Voting Delegate:
Title:
City of:
AUTHORIZED BY:
Name
Title
Return this form to:
Gail Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
or Fax to Gail Dennard at (850) 222-3806
Procedures for Submitting Resolutions
Florida League of Cities' 79th Annual Conference
Orlando World Center Marriott, Orlando, Florida
August 18-20, 2005
In order to fairly systematize the method for presenting resolutions to the League
membership, the following procedures have been instituted:
(1) Proposed resolutions must be submitted in writing, to be received in the League
office by July 8, 2005; to guarantee that they will be included in the packet of
proposed resolutions that will be submitted to the Resolutions Committee.
(2) Proposed resolutions will be rewritten for proper form, duplicated by the League
office and distributed to members of the Resolutions Committee. (Whenever
possible, multiple resolutions on a similar issue will be rewritten to encompass the
essential subject matter in a single resolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Resolutions Committee at
the conference; however, a favorable two-thirds vote of the committee will be
necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business session of the
conference without prior committee approval by a vote of two-thirds of the
members present. In addition, a favorable weighted vote of a majority of members
present will be required for adoption.
(5) Proposed resolutions relating to state legislation will be referred to the appropriate
standing policy committee. Such proposals will not be considered by the
Resolutions Committee at the conference; however, all state legislative issues will
be considered by the standing policy committees and the Legislative Committee,
prior to the membership, at the annual Legislative Conference each fall. At that
time, a state Legislative Policy Statement will be adopted.
Cities unable to formally adopt a resolution before the deadline may submit a letter to the
League office indicating their city is considering the adoption of a resolution, outlining the
subject thereof in as much detail as possible, and this letter will be forwarded to the
Resolutions Committee for consideration in anticipation of receipt of the formal
resolution.
Important Dates
June 3, 2005
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
July 8
Appointment of Resolutions Committee Members
July 8
Deadline for Submitting Resolutions to the League office
AuLust I8
League Standing Committee Meetings
Resolutions Committee Meeting
Voting Delegates Registration
AuLyust 20
Immediately Following Luncheon — Pick Up Voting Delegate Credentials
Followed by Annual Business Session
Meeting Type: Regular
Meeting Date: 07-19-05
AGENDA
Heading
Considerations
Item
The Beautification Board approved the proposed remediation plan at their May 11, 2005 meeting.
No,
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CENTER STREET LANDSCAPING PLAN
DEPT./DIVISION: BEAUTIFICATION BOARD
Requested Action:
City Council consider approval of the remediation plan to restore the property in the Center Street area subsequent
to construction of the Solana on the River development.
Summary Explanation & Background:
The Beautification Board approved the proposed remediation plan at their May 11, 2005 meeting.
The Public Works Director requested a change to the sidewalk orientation due to baffle box maintenance.
Exhibits Attached:
Public Works Director memo dated 07-12-05; Building Official memo dated 07-05-05; Construction, Staging &
License Agreement; Proposed landscape plan; Beautification Board Meeting Minutes dated 05-11-04
City Manager's Office
Department
� aye-- Nnom1«u«yUVUURC11L5 \acu1Li11\uouncii\meezing\2005\0 r-iy-vo\centerstreet.00c
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: July 12, 2005
SUBJECT: City Council Agenda Item for July 19`h, 2005
Center Street River Front Landscaping Agreement
The Benco Construction has an agreement with the City of Cape Canaveral to landscape
the Banana River Street end of Center Street. This agreement allowed Benko Construction to
utilize City property as a construction staging area located within the road right-of-way of Center
Street.
The landscaping design by Benco Construction was presented to the Beautification Board
at the meeting of May 11, 2004 for review and recommendations. In addition, the Public Works
Department presented a proposal. A motion was made to accept and recommend the landscaping
design concept design provided by Kay Mckee, Public Works Maintenance Supervisor. The
motion was carried without any objection.
Recommend the approval of the Beach End Landscape Beautification Project design to be
constructed by Benco Construction as proposed by the Public Works Department at no cost to the
City of Cape Canaveral.
Attachment
CC: File
Memo
Date: July 5, 2005
To: Bennett Boucher, City Manager
From: Todd Morle
RE: Request for Council action: Center Street Construction Staging and
License Agreement
The City has completed its baffle box installation at the West end of Center St. This is in an area previously
licensed by the City as a staging area for Benko Construction for the construction of Solana On The River
Condominiums,
The Staging and License Agreement states: "Benko shall restore the Property in accordance with a
landscape remediation plan deemed acceptable by the City's Beautification Board and City Council."
Benko Construction is prepared to proceed with the required remediation/beautification plan as approved by
the Beautification Board. The Agreement requires Council's approval before Benko can proceed.
The attached minutes will show that the Beautification Board has approved the attached remediation plan.
The applicant, Bill Patrick from Benko, requests that the Council approve this plan so that he can finalize this
project.
Ed Gardulski, Public Works Director, indicated that the sidewalk, depicted on the plan at the North of the
beautification area, would need to be flipped to the South, because of baffle box maintenance issues.
Prepared by and return to:
Anthony A. Garganese, Esquire
City Attorney of Cape Canaveral
Brown, Salzman, Weiss & Garganese, P.A.
Post Office Box 2873
Orlando, Florida 32802-2873
(407)425-9566
CONSTRUCTION STAGING AND LICENSE AGREEMENT
THIS CONSTRUCTION STAGING AGREEMENT (hereinafter referred to as
the "Agreement"), made and executed this day of , 2004, by and
between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (hereinafter
referred to as "City"), whose address is 105 Polk Avenue, Cape Canaveral, Florida 32920,
and BENKO CONSTRUCTION CO., INC., a Florida corporation (hereinafter referred to as
"Benko"), whose address is 1000 Sherwood Drive, Suite 200, Cape Canaveral, Florida
-- -32920�— — -- -- --
RECITALS:
WHEREAS, the City is the owner of certain real property subject to this Agreement
and legally described and depicted on Exhibit "A," which is attached hereto and fully
incorporated herein by this reference (hereinafter referred to as "Property"); and
WHEREAS, pursuant to several development orders issued by the City, Benko is in
the process of constructing a condominium project in the vicinity of the Property called
"Solana on the River;" and
WHEREAS, Benko desires to use the Property for a limited period of time as a
construction staging area to assist in the completion of construction of Solana on the River;
and
WHEREAS, the City desires to allow Benko to use the Property for construction
staging purposes, provided Benko abides by the terms and conditions set forth in this
Agreement; and upon completion of use of the property for construction staging purposes,
Benko agrees to construct, install and build (at their expense) the landscape and hard scape
improvements required hereunder.
NOW, THEREFORE, in consideration of the mutual covenants and benefits
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1.0 Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and deemed a material part of this Agreement.
Construction Staging Agreement
City of Cape Canaveral - Benko Construction Co., Inc.
Page 1 of 7
2.0 Purpose; Construction Staging and License
2.1 Purpose. The purpose of this Agreement is to allow Benko to use the
Property for staging construction materials and equipment relative to
the on-going construction by Benko of Solana on the River.
2.2 Grant of Temporary License.
(a) City hereby grants and conveys to Benko a non-exclusive and
temporary construction staging license over and across the
Property. The license is for the limited purpose of allowing Benko
to stage construction materials and equipment on the Property
relative to the construction of Solana on the River.
(b) To accomplish the purpose stated above, the following rights are
conveyed to Benko by this license and may, at the licensee's sole
and absolute discretion, be exercised at any time during the
duration of this license:
(1) To have the non-exclusive use of the Property to stage
construction materials and equipment, provided such
materials and equipment are related to the Solana on the
River project.
(2) To use this license for ingress and egress over, upon and
through the Property.
(c) The license shall be subject to the following conditions:
(1) All construction materials and equipment shall remain at
least ten (10) feet from the perimeter fence required by
section 2.5 herein that abuts any right-of-way.
(2) Construction materials (stacked or otherwise) shall not
exceed thirty-two (32) feet in height, above grade.
(3) During the term of the license, the Property shall be
maintained by Benko as a restricted access construction site
pursuant to law.
(d) City may enter the Property at any time to determine Benko's
compliance with this license and the Agreement.
Construction Staging Agreement
City of Cape Canaveral - Benko Construction Co., Inc.
Page 2 of 7
(e) Benko shall maintain the Property in a neat and orderly manner.
(f) Benko shall not surcharge or overburden the Property.
2.3 Removal of Trees. Prior to staging construction materials and
equipment on the Property, Benko shall remove and discard all existing
trees and landscaping materials from the Property.
2.4 Duration of License. The license shall remain effective until the last
certificate of occupancy is granted by the City for Solana on the River
or the building permits for Solana on the River have expired or been
revoked, whichever occurs first. The Parties may extend the duration
of the license for a reasonable period of time by mutual written
agreement, provided the construction of Solana on the River is still
pending..
2.5 Site Preparation. Prior to staging construction materials and
equipment, Benko shall erect and install a six -foot -high chain link fence
around the perimeter of the Property with a gate for ingress and egress.
Said fence shall remain in place while the staging activities are on-
going. The gate shall remain locked at such times that Benko and its
contractors are not actively using the Property. Benko shall attach to
the fence one or more "keep out" or "no trespassing" signs in
conspicuous places. When the duration of the license has expired,
Benko shall immediately remove the fence from the Property.
3.0 Landscape Remediation Plan. Within ninety (90) days of receiving the final
certificate of occupancy for the Solana on the River project, or Benko's discontinuance of
the Property for construction staging, whichever occurs first, Benko shall restore the Property
in accordance with a landscape remediation plan deemed acceptable by the City's
Beautification Board and City Council. At a minimum, the plan shall be in conformance
with the concept plan attached hereto as Exhibit "B." Said exhibit is fully incorporated
herein by this reference. Notwithstanding, Benko agrees that the Beautification Board and
City Council may require that the concept plan be changed and enhanced. The landscaping
plan shall also satisfy the following minimum requirements:
3.1 A seating area with a concrete or paver pad and two outdoor bench seats
suitable for the public's use.
3.2 New plant materials and trees shall be A grade material. The total
caliper inch of new trees shall exceed the total caliper inch of old trees
removed from the Property.
Construction Staging Agreement
City of Cape Canaveral - Benko Construction Co., Inc.
Page 3 of 7
3.3 The Property will include a reclaim water irrigation system with a
separate zone branched off the Solana on the River reclaim line.
3.4 A paved or concrete walkway shall be constructed from the right-of-way
to the seating area.
3.5 Sod shall be installed in all areas not covered by hardscape or
landscape materials.
4.0 Escrow Payment. Benko agrees that upon the effective date of this
Agreement and prior to the use of the Property for construction staging, they will deposit
$8,500.00 into escrow with the City. Said money will be released by the City at such time
as Benko completes all of their obligations under this Agreement.
5.0 Successor and Assigns. City shall notify Benko, in advance and in writing,
of any transfer of ownership of the Property. This Agreement shall automatically be binding
upon and shall inure to the benefit of the successors and assigns of the Property.
6.0 Applicable Law; Venue, This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida and the Cape Canaveral Code
and Comprehensive Plan. The parties agree that venue shall be exclusively within Brevard
County, Florida, for all state disputes or actions which arise out of or are based upon this
Agreement, and in Orlando, Florida, for all such federal disputes or actions.
7.0 Amendments. This Agreement shall not be modified or amended except
by written agreement executed by all parties hereto and approved by the City Council of the
City of Cape Canaveral.
8.0 Entire Agreement; Headings. This Agreement contains the entire
agreement between the parties as to the subject matter hereof. Paragraph headings are for
convenience of the parties only and are not to be construed as part of this Agreement. All
references to whole paragraph numbers (e.g., 2.0) shall include all subparagraphs thereunder
(e.g., 2.1, 2.2, and 2.3).
9.0 Severability. If any provision of this Agreement shall be held to be invalid
or unenforceable to any extent by a court of competent jurisdiction, the City shall have the
unconditional right to either terminate this Agreement, modify this Agreement with Benko's
consent, or remain in the Agreement as modified by the court.
10.0 No Recordation. This Agreement shall not be recorded in the public records
of Brevard County, Florida.
Construction Staging Agreement
City of Cape Canaveral - Benko Construction Co., Inc.
Page 4 of 7
11.0 City's Police Powers. Benko acknowledges and agrees that the City hereby
reserves all police powers granted to the City by law. In no way shall this Agreement be
construed as the City bargaining away or surrendering its police powers.
12.0 Sovereign Immunity. Nothing contained in this Agreement shall be
construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida
Statutes, or any other limitation on the City's potential liability under state or federal law.
13.0 Notices. All notices and correspondence in connection with this Agreement
must be in writing. Notice and correspondence shall be sent by first class mail or hand
delivered at the addresses set forth below or at such other addresses as the parties hereto shall
designate to each other in writing:
13.1 If to City: Mr. Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Telephone: (321) 868-1230
Facsimile: (321) 868-1224
If to Benko: Bill Patrick, Project Manager
Benko Construction Co., Inc.
1000 Sherwood Drive, Suite 200
Cape Canaveral, Florida 32920
Telephone: (321) 784-8093
Facsimile: (321) 784-3644
14.0 Waiver. Any forbearance by the City in exercising any right or remedy
under this Agreement shall not constitute a waiver of or preclude the exercise of any right
or remedy.
15.0 Indemnification and Hold Harmless. Benko agrees to the fullest extent
permitted by law, to indemnify and hold harmless the City, and its Council members,
employees, officers and city attorneys (individually and in their official capacities) from and
against any and all claims, losses, damages, personal injuries (including, but not limited to,
death), or liability (including reasonable attorneys fees through all administrative and
appellate proceedings) directly or indirectly arising out of or resulting from any act or
omission of Benko, and its employees, agents, and contractors under this Agreement, any
default of this Agreement, and/or any accident which may occur on the Property during the
duration of the license granted hereunder.
16.0 Attorneys' Fees. In the event of any litigation or dispute arising under this
Construction Staging Agreement
City of Cape Canaveral - Benko Construction Co., Inc.
Page 5 of 7
Agreement, each party shall bear their own attorneys fees and costs.
17.0 No Joint Venture. Nothing herein shall be deemed to create a joint venture
or principal -agent relationship between the parties, and neither party is authorized to, nor
shall either party, act toward third persons or the public in any manner which would indicate
any such relationship with the other.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
first written above.
ATTEST: CITY OF CAPE CANAVERAL,
a Florida Municipal Corporation:
Susan Stills, City Clerk
Rocky Randels, NAayor
BENKO CONSTRUCTION CO., INC.,:
a Florida Corporation:
Name/Title
STATE OF FLORIDA
COUNTY OF BREVARD
I hereby certify that the foregoing instrument was acknowledged before me this day
of ,2004, by , of Benko
Construction Co., Inc., ❑ who is personally known to me, or ❑ who has produced
as identification.
NOTARY PUBLIC
Construction Staging Agreement
City of Cape Canaveral - Benko Construction Co., Inc.
Page 6 of 7
EXHIBIT LIST
Exhibit "A" Legal Description of Property
Exhibit `B" Landscape Pian
Construction Staging Agreement
City of Cape Canaveral - Benko Construction Co., Inc.
Page 7 of 7
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City of Cape Canaveral
Beautification Board
Regular Meeting Minutes
May 11, 2004
A Regular Meeting of the Beautification Board was held on May 11, 2004, at the
City Hall Annex, 111 Polk Ave., Cape Canaveral, Florida.
Martha Carroll called the meeting to order at 7:03 p.m.
MambLirs Prenpntn
Martha Carroll, Member
Paula Collins, Member
Christine Flanagan, Member
Judy Hale, Member
Elizabeth Mars, Member
M _mb _rs Abs _n
Tom Garboski, Member
Mary Jo Laws, Vice -Chairperson
Leo Nicholas, Chairperson
Oth _r A ndePs•
Ed Gardulski, Public Works Director
Kay McKee, Streets Supervisor
Andrea Schaffner
Martha Carroll asked the Board if there were any corrections or changes to the
Beautification Board Minutes of April 13, 2004. With no additions or corrections;
a motion was made by Judy Hale to approve minutes and Elizabeth Mars
seconded the motion. The motion passed unanimously.
The Public Works Director, Ed Gardulski, gave the City Report for April 2004, a
copy of which is attached and hereby made part of these minutes.
�:•. • � �. � •• 1.11'1
Ms. Schaffner was interviewed by the City Council and City Attorney at the May
4th City Council Meeting. This item will be placed on the City Council Meeting
Agenda for a second reading, which is scheduled for May 18, 2004.
The Board thanked Ms. Schaffner for her time and contribution with the Butterfly
Garden.
Ed Gardulski mentioned in his City Report that he obtained an easement
agreement with Yogi's Beverage for the location of a South A1A Welcome Sign.
The agreement also includes a sidewalk and asphalt along the property. Judy
Hale questioned in which phase would the sidewalk be installed. Mr. Gardulski
stated the sidewalk installation is scheduled for June 1St. The Board Secretary
stated that she would contact the sign maker to draft a welcome sign made of
HDU. This item will be tabled for the next meeting.
The Board agreed this item should be tabled and discussed once the decorative
lights are installed on North Atlantic Avenue.
Paula Collins made a recommendation, at the April meeting, that all properties
nominated should be recognized. Judy Hale suggested that each board
member who nominates a property shall place a "We Noticed Sign" at that
property if they were not selected as the winner.
An Email was received by the Board Secretary to nominate a street or cul-de-sac
for a "We Noticed Sign". The request for the sign is for Lindsey Court. Martha
Carroll stated she would look at the property at get back to the board.
The Board questioned the city's definition of Multi -family in the City Code. The
Board feels a townhouse should not be listed as multi -family because they are
individually owned. Townhouses are not specifically identified in the Code as
either Single-family or Multi -family.
- i 7 -MOM -1
• ' • -
The Board thanked Kay McKee, Street Supervisor, for her draft drawing of the
proposed landscaping of Center Street. The Board agreed that the plant
selection given by Kay McKee is better suited than the previous design concept
submitted to the City.
Martha Carroll made a motion to accept and recommend the landscape design
drawing concept provided by Kay McKee. The motion was seconded by
Christine Flanagan and with no objection motion carried.
The Board agreed the Butterfly Garden at Veterans Park was a success. Judy
Hale and the board thanked Kay McKee and her staff for the additional plants
and features at the garden.
The board will review locations like the Ridgewood Ave. retention area and
Manatee Park for future Butterfly Garden sites. Judy Hale asked the Public
Works Director when reclaimed water will be installed at the retention area. The
Public Works Director will follow up and look into extending the reuse line by
Harbor Heights.
The Director of the Cape Canaveral Library submitted a letter thanking the City
and Beautification Board for the beautiful butterfly garden.
Martha Carroll reminded the Board that they were invited to Johnson Controls for
a ceremony titled VisionWeek on Wednesday, May 19th at 11:00 A.M.
Mr. Carmichael, resident of Windjammer Condo expressed his displeasure with
the trees planted in the city right-of-way. Mr. Carmichael claims the palm trees,
at maturity, will obstruct his view of the ocean. Mr. Carmichael was instructed to
contact his condo president and they may submit a formal complaint to the City.
The Board Secretary reminded the Board that Holiday decorations should be
addressed and added to the next meeting agenda.
Also, the Summer Commercial Beautification Award will be on the next agenda
The meeting was adjourned at 8:22 p.m.
Approved this
Leo Nicholas, Chairperson
day of
2004.
ATTEST:
Cathy Hardy, Board Secretary
Meeting Type: Regular
Meeting Date: 07-19-05
AGENDA
Heading
Considerations
Item
7
No.
Brevard County School Board letter dated 06-23-05
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: APPOINTMENT OF A SCHOOL IMPACT FEE ADVISORY COMNUTTEE
REPRESENTATIVE
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider and appoint a representative to a School Impact Fee Advisory Committee.
Summary Explanation & Background:
In light of funding issues for new and expanding Brevard County school facilities, the county and the school board
are seeking formal designees to represent impacted communities.
Exhibits Attached:
Brevard County School Board letter dated 06-23-05
City Manager's Office
Department LEGISLATIVE
cape-nt\xim\myaocuments\admin\council\meeting\2005\09-19-05\school.doc
School Board of Brevard County
2700 Judge Fran Jamieson Way • Viera, FL 32940-6699
Richard A. DiPatri, Ed.D., Superintendent
June 23, 2005
Mr. Bennett Boucher, City Manager
City of Cape Canaveral
111 Polk Avenue
Cape Canaveral, Florida 32920
Brar
P blic
Sc
VIA FAX AND U.S. MAIL THIS DATE
FAX: (321) 868-1224
RE: School Impact Fee Advisory Committee Representative
Dear Mr. Boucher:
Paragraph 2.5 of the Interlocal Agreement between Brevard County, Florida and the District
School Board of Brevard County, Florida for Funding of New or Expanded Public Education
Facilities with Educational Facilities Impact Fees requires the formation of an Impact Fee
Advisory Committee in each of the four (4) Benefit Districts regarding the appropriation of
educational impact fees collected within their respective jurisdictions. A copy of the Agreement
is attached for reference.
Please consider this letter a formal request to appoint a representative to Committee if you have
executed, are in the process of executing, or plan to execute by August 31, 2005, an effective
interlocal agreement with the County providing for municipal participation in the educational
facilities impact fee program. The qualifications and duties of the representative are contained in
Paragraph 2.5.1 and 2.5.2 of the attached Agreement.
Please send the name, contact information, biographical information and approving action
(meeting agenda item, appointment letter, etc.) for your representative to my attention by August
1, 2005. Please note that we intend to present our Tentative District Educational Facilities Plan,
containing proposed project priorities in each of the four (4) Benefit Districts, to the Committees
beginning in September 2005.
Please feel free to contact me if you have any questions or require additional information.
Sincerely,
Dane G. Theodore
Director, Planning & Project Management
CC w/ attachment: Ed Curry, Steve Swanke (Brevard County Planning & Zoning)
Dane G. Theodore, AIA, CGC, Director
Planning and Project Management
Phone: (321) 633-1000, ext. 657 • Fax: (321) 633-4646
An Equal Opportunity Employer
INTERLOCAL AGREEMENT
BETWEEN
BREVARD COUNTY, FLORIDA
AND THE
DISTRICT SCHOOL BOARD OF BREVARD COUNTY, FLORIDA
PROVIDING FOR FUNDING OF NEW OR EXPANDED
PUBLIC EDUCATIONAL FACILITIES
WITH EDUCATIONAL FACILITIES IMPACT FEES
This is an Agreement between: BREVARD COUNTY, FLORIDA, a charter county and
political subdivision of the State of Florida, through its Board of County Commissioners,
hereinafter referred to as "County,"
and the
DISTRICT SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, the governing
body of the School District of Brevard County, Florida pursuant to Article IX, Section 4(b);
Constitution of the State of Florida, hereinafter referred to as "School Board".
WHEREAS, the Brevard County school system is a county -wide system that serves all
unincorporated Brevard County and all incorporated municipalities within Brevard County; and
WHEREAS, Brevard County has authorized and received an independently prepared
study that analyzed the fiscal impacts of residential development activity on the public primary
and secondary educational system and calculated the maximum impact fee that could be imposed
on residential development for primary and secondary educational facilities based on currently
available data and analysis; and
WHEREAS, the Board of County Commissioners has adopted Ordinance 0434, the
Brevard County Educational Facilities Impact Fee Ordinance which has been incorporated into
the Code of Ordinances of Brevard County, Florida as Chapter 62, Article V, Division 7,
Sections 62-921 through 62-935; and
WHEREAS, in order to administer the Ordinance it is necessary that the County and
School Board establish and clarify the duties, responsibilities and obligations of the respective
parties.
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, County and School Board agree as follows:
Section 1: Incorporation of Recitals
The above recitals are true and correct and are incorporated herein by this reference.
Section 2: Obligations of the School Board
2.1 Establishment of Benefit District Accounts: The School Board shall establish a separate
interest bearing account for each of the four Educational Facilities Impact Fee Benefit
Districts created by the Brevard County Educational Facilities Impact Fee Ordinance and
Pagel of 8
shall deposit all impact fee collections received from the County in the appropriate
account so as to ensure that the funds collected within one benefit district are not
commingled with funds collected in another benefit district.
2.2 Expenditure of Educational Facilities Impact Fees: The School Board shall expend
educational facilities impact fees received from the County and the interest accrued from
those fees, exclusively for the purposes specified in Brevard County Ordinance No. 04-
3,+ , which purposes may include 1 ] both the construction of new or expanded public
educational facilities and purchase of equipment that are included in the adopted
Tentative District Educational Facilities Plan and that will be owned or leased and under
the jurisdiction of the School Board or, 2] at the discretion of the School Board, a
municipality operated charter school. All facilities on which educational impact fees
have been expended shall be used for such educational facilities that are reasonably
available to and substantially benefit the residents of new residential development in the
benefit district where the educational impact fees were collected. The School Board shall
not expend educational facilities impact fees for the operation or maintenance of any
public educational facility.
2.3 Expenditures Limited to Impact Fee Benefit District: The School Board shall expend
educational facilities impact fees collected in a benefit district exclusively for new or
expanded public educational facilities and equipment that will substantially benefit the
residents of the benefit district from which the funds were collected.
2.4 Funds Utilized For Debt Service: In the event that the School Board issues bonds or
similar debt instruments payable from educational impact fees in order to provide
advance funding for the construction of new or expanded public educational facilities and
equipment that substantially benefit the residents of new residential development in a
benefit district, the School Board may expend educational facilities impact fees from each
of the substantially benefited Benefit District Accounts for the payment of debt service on
such bonds or similar debt instruments provided that the impact fees withdrawn from a
Benefit District Account are proportionate to the costs of providing the new educational
facilities and equipment necessary to substantially benefit the residents of new
development in the Benefit District from which the educational impact fee funds were
collected.
2.5 Impact Fee Advisory Committee: In order to facilitate input from Brevard County and its
incorporated municipalities with regard to the appropriation of educational impact fees
collected within their respective jurisdictions, towards the development of new or
expanded public educational improvement projects, the School Board, during the course
of updating the Tentative District Educational Facilities Plan, shall convene an Impact
Fee Advisory Committee for each Benefit District.
2.5.1 Membership: The School Board, County and each municipality with jurisdiction
over lands within the benefit district and an effective interlocal agreement with the
County providing for municipal participation in the educational facilities impact
fee program are entitled to appoint one representative to the Impact Fee Advisory
Committee. The representatives so appointed must be knowledgeable about
residential development activity, the need for public educational facilities within
the benefit district, and limitations on the use of impact fees. Representatives may
include but are not limited to elected officials, City or County Managers, planners,
engineers, attorneys or concerned citizens residing in the jurisdiction. The
appointment of an individual to the Impact Fee Advisory Committee by a
Page 2 of 8
participating jurisdiction shall be an assurance to all other participating
jurisdictions that the appointee meets the requirements of this paragraph.
2.5.2 Role of Impact Fee Advisory Committee: The role of the Impact Fee Advisory
Committee is to consider the need for and cost of new or expanded public
educational facilities within the benefit district to accommodate projected
increases in student populations anticipated to result from new residential
development as well as projections of impact fee revenues available for
appropriation during the time period covered by the Tentative District Educational
Facilities Plan in order to make recommendations to the School Board regarding
the use of available impact fees for eligible projects.
2.5.3 Advisory Committee Recommendations: The recommendations of the Impact Fee
Advisory Committees regarding the appropriation of impact fees toward specific
public educational improvement projects shall not be binding on the School
Board, but the School Board shall regard the Advisory Committee's
recommendations as highly persuasive and accord said recommendations great
weight in their deliberations regarding the adoption of the Tentative District
Educational Facilities Plan.
2.6 Donation of Land and Developer Funded Improvements: In the event that the School
Board is considering acceptance of an offer by a developer to donate land and/or fund the
construction of an a public educational facility shown in the adopted Tentative District
Educational Facilities Plan, the School Board shall advise the County of the offer and
cooperate with the County in determining the amount of any impact fee credit that may be
due.
2.7 Conflict of Interest: School Board covenants that no person who presently exercises any
functions or responsibilities in connection with the provision of public educational
facilities has any personal financial interest, direct or indirect, in the eligible educational
facilities and capital improvements during this tenure which would conflict in any manner
or degree with the performance of this Agreement, and that no person having any
conflicting interest shall be employed or subcontracted. Any possible conflicting interest
on the part of School Board or its employees shall be disclosed in writing to the County.
2.8 Annual Reports: School Board agrees to furnish to the County Manager by December 1
of each year, status reports identifying the EFIFT funds- received by School Board during
the prior fiscal year, interest earned on EFIFT funds during the prior fiscal year,
expenditures of EFIFT funds during the prior fiscal year and identification of the eligible
educational facilities and capital improvements funded with EFIFT funds.
Section 3: Obligations of the County
3.1 Administration and Enforcement: It is the obligation of the County to administer all
aspects of the ordinance up to the point that the funds are remitted to the School Board
for appropriation to specific improvements and to may every reasonable effort to enforce
the provisions of the Educational Facilities Impact Fee Ordinance, as it has been adopted
and as it may be amended from time to time.
3.2 Remittance of Funds: Upon execution of this Agreement and the appropriation of funds
to eligible projects in the Tentative District Educational Facilities Plan by the School
Page 3 of 8
Board, the County shall remit to the School Board all impact fee revenues and accrued
interest that have been collected since the inception of the program less the administrative
fee and any refunds that have been given. Such remittance shall be due twenty-one days
after the end of the month in which notice is received from the School Board concerning
the appropriation of funds to specific projects. Following this initial remittance, future
remittances shall be made as described below.
3.2.1 Monthly remittance: Within twenty-one days after the end of the month, the
County shall remit to the School Board all impact fees and accrued interest
collected during the prior month, less the administration fee and any refunds and
impact fee credits paid during the prior month.
3.2.2 Detail To Be Provided: The County shall provide sufficient detail in the monthly
remittance to allow the School Board to properly deposit funds in the correct
Benefit District Account.
3.2.3 Administration Fee: The County is entitled to retain up to but not more than two
and one half percent of the amount of educational facilities impact fees collected
for administration of the ordinance. In calculating the amount of the
administrative fee, the County shall include those expenditures that are reasonably
associated with administration of the program. These expenditures may include
but are not limited to, compensation and benefits for personnel involved in the
administration of the ordinance; supplies and expenses related to administration of
the ordinance; costs associated with consulting services for establishment and
periodic updates of the ordinance; and those attorneys fees that may be necessary
.for administration and enforcement of the ordinance. The County acknowledges
that it administers other impact fee programs not related to public educational
facilities and pledges to consolidate its administrative efforts in order to cost
effectively administer all impact fee programs. When shared administrative costs
cannot be isolated by specific impact fee program, the County shall prorate those
costs based on amount of revenue collected within each program.
Section 4: Maintenance of Records
4.1 The School Board shall maintain complete and comprehensive records of all funds
received from the County and all expenditures of said funds, identified by Benefit
District, for a period of seven years from receipt and expenditure to satisfy the refund
provisions of Section 62-932 of the Educational Facilities Impact Fee Ordinance.
4.2 The County shall maintain complete and comprehensive records of all funds collected
from residential development, all exemptions granted, all incentives awarded, any impact
fee credit awarded and any refund given for a period of seven years from receipt or award.
4.3 The County and the School Board shall have the reciprocal right to review the records of
the other as to receipt, allocation and expenditure of impact fees, including records as to
bid awards and purchase orders. All such inspections shall be made upon reasonable
notice and at a reasonable time and place. Upon a request to review or obtain copies of
Page 4 of 8
records by one party to the other hereunder, the party responding to a request for review
shall furnish assistance as well as copies of appropriate records for the project to the
requesting party.
Section 5: Indemnification
5.1 School Board, to the extent allowed by law, will at all times hereafter indemnify and hold
harmless, County, its officers, agents and employees, against any and all claims, losses,
liabilities, or expenditures of any kind, including court costs and expenses, accruing or
resulting from any or all suits or damages of any kind resulting from injuries or damages
sustained by any person or persons, corporation or property, by virtue of the School
Board's willful failure to perform any obligation or undertaking of the School Board as set
forth in this Agreement.
Section 6: Independent Contractor
6.1 The School Board is an independent contractor under this Agreement. Services provided
by the School Board are subject to supervision by the School Board and employees or
service providers shall not be deemed officers, employees, or agents of Brevard County.
6.2 Personnel policies, tax responsibilities, social security and health insurance, employee
benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Agreement shall be those of School Board, which shall not
conflict with County, or state rules or regulations relating to the use of educational
facilities impact fees.
Section 7: Entire Agreement
7.1 This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, or understandings applicable to the disbursement matters
contained herein, and the parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement that are not contained in
this document. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or written regarding
disbursements unless specifically incorporated into this agreement by writing.
Section 8: Notices
8.1 Whenever either party desires to give notice unto the other, such notice must be in
writing, sent by certified United States mail, return receipt requested, addressed to the
party for whom it is intended, at the place specified, and the place for giving of notice
shall remain such until it shall have been changed by written notice in compliance with
the provisions of this paragraph. The parties designate the following as the respective
places for giving of notice to -wit:
For County: County Manager
Board of County Commissioners
2725 Judge Fran Jamieson Way
Viera, Florida 32940
For School Board: Superintendent
School Board of Brevard County
Page 5 of 8
2700 Judge Fran Jamieson Way
Viera, Florida 32940
Section 9: Amendments
9.1 This agreement may be amended by mutual agreement of the parties or the County may,
by ordinance, amend this Agreement if required by state law in order to conform with
state mandates, guidelines, directives, and objectives relating to the use of educational
facilities impact fees. Such amendments shall be incorporated by written amendment as a
part of this Agreement and shall be subject to approval of the Board of County
Commissioners. Such amendment will not affect specific activities commenced under
this agreement prior to amendment, which were in compliance at the time of
commencement. School Board shall be notified, where a public hearing or other notice is
required by law, by individual written notice furnished pursuant to Section 8.1. After
adoption of any required ordinance amendment, such adoption and filing with the
Secretary of State shall constitute notification of an official amendment to this agreement.
No other modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document executed with the same
formality and of equal dignity herewith.
Section 10: Term of Agreement
10.1 This agreement shall commence on the day that the Educational Facilities Impact Fee
Ordinance becomes effective or on the day that this agreement has been approved and
executed by both parties, whichever is later. This agreement shall remain in effect until it
has been terminated pursuant to Section 11 below.
Section 11: Termination
11.1 In the event that the County repeals the Educational Facilities Impact Fee Ordinance, this
agreement shall remain in effect. until all funds collected by the County under the
provisions of the ordinance have been disbursed to the School Board and the School
Board has notified the County that all disbursed funds have been expended on eligible
improvements.
11.2 In the event that the School Board determines that the funds collected under the
provisions of the Educational Facilities Impact Fee Ordinance are no longer needed by the
School Board to provide needed public educational facilities, the School Board shall
request that the County repeal the Ordinance and terminate this Agreement pursuant to
Section 11.1 above.
11.3 In the event of termination, upon request by the County, copies of all finished or
unfinished documents, data studies, surveys, drawings, maps, models, reports prepared,
and any other like documents secured by School Board with EFIFT Funds under this
Agreement shall be provided to the County.
Section 12: Severability
12.1 If any provision of this Agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in
full force without being impaired or invalidated in any way.
Page 6 of 8
IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the
County and School Board by their duly authorized representatives on the respective dates below.
BOARD OF COUNTY COMMISSIONERS OF
BREVARD COUNTY, FLORIDA ATTEST:
e
Nancy N. Hi gs, Chair Scott El as, Cierk
As approved by the Board of County Commissioners
on August 10, 2004.
SCHOOL BOARD OF
BREVARD COUNTY, FLORIDA
Rich Wilson, Chairman
Date: q l 12004
Page 7 of 8
ATTEST:
,r.i fi�l
STATE OF FLORIDA
COUNTY OF BREVARD
This is to oarrtify that the fo oin, is a
true and currant copy oft(�,�-R
witness rpy hand
aw o Icial saal this d of
F- 20
SCOTT ELLIS
it Court
BY CI ric Ci�cttD.C.
STATE OF FLORIDA
County OF BREVARD
The foregoing instrument was acknowledged before me this 10 day of August ,
2004 by Nancy N. Higgs, Chair of the Board of County Commissioners of Brevard County,
Florida, who is personally known to me or produced as
identification and who did take an oath. A
1:oY'r BERNADETTE S. TALBERT
MY COMMISSION 0 DD 297064
EXPIRES: May 14, 2008
1 ' SorwM Ttvu Notary PU* UnAermters
STATE OF FLORIDA §
County OF BREVARD §
The foregoing instrument was acknowledged before me this k7 day of
2004 by Rich Wilson, Chairman of the School Board of Brevard County, Florida, who is
personally known to me or produced
who did take an oath.
as identification and
NOTARY PUB - State of Florida
Page 8 of 8
.s:Beverly K Ramey
Y
_ R r MY COMMISSION # DD118136 EXPIRES
p0. August 3, 2006
of ``
BONDED THRUTROY FAIN WSURAKE.kK
Meeting Type: Regular
Meeting Date: 07-19-05
AGENDA
Heading
Considerations
Item
8
No.
Council Member Jim Morgan will abstain from voting due to conflict of interest.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: SITE PLAN APPROVAL, CASA BONITA, 103 WASHINGTON AVENUE
DEPT./DIVISION: PLANNING & ZONING BOARD
Requested Action:
City Council consider and approve the final site plan for the Casa. Bonita development located at 103 Washington
Avenue.
Summary Explanation & Background:
The Plarining & Zoning Board recommended approval for the Casa Bonita site plan at their meeting on June 22,
2005. All requirements for approval have been met.
Council Member Jim Morgan will abstain from voting due to conflict of interest.
Exhibits Attached:
P&Z Board memo dated 06-27-05; Site Plan Requirements; Copies of Site Plan (7)
City Manager's Office
Department P&Z
caoe-nt\kim\mydocuments\admin\council\meeting\2005\07-19-05\casabonita.doc
City of Cape Canaveral
CITY OF
CAM cAMAVERAL
Date: June 27, 2005
To: Bennett Boucher, City Manager
rr Susan Stills, City Clerk
From: Bea McNeely, Chairperson, Planning & Zoning Board
Re: Recommendation to City Council Regarding: Casa Bonita - Site
Plan - James E. Morgan, for All Shores Construction &
Development Inc., Applicant.
------------------------------------------------------------------------------------------------------------
At the Planning & Zoning Board meeting, held on June 22, 2005, by unanimous
vote, the Board recommended approval of the above referenced Site Plan.
Please schedule this site plan for the next City Council meeting agenda.
Attached are (7) copies of the site plan.
105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248
wwwmyflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com
City of Cape Canaveral
Dave Welsch Townhomes
Site Plan
Applicant: David Welsch
Location: Range: 37 Township: 24 Section: 23
Acreage: .344 +/- acres
Permitted Number of Units: 4 Dwelling Units
Proposed Number of Units: 5 Townhome Units
Current Future Land Use: Commercial C-1
Current Zoning: Commercial C-1
Description:
The applicant desires to use the property for 4 residential townhomes use in a C-1 zoning with a
special exception for residential. The subject property itself is vacant located on the south side of
Washington Avenue.
Townhome Requirements:
Minimum Lot Area
Minimum Lot Area
Minimum Lot Width
Minimum Lot depth
Required Provided
6,250 sq. ft. 15,000 sq. ft.
1,600 sq. ft. 2,300 sq. ft.
20 feet 23 feet
70 feet 100 feet
Public Services and Facilities in Amendment Area:
The impact on public services for three (3) residential unit is, 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, 2003 was 9,496. This is still adequate park space
available.
North
South
East
West
Zoning
C-1 Commercial
C-1 Commercial
C-1 Commercial
C-1 Commercial
Comp Plan
C-1 Commercial
C-1 Commercial
C-1 Commercial
C-1 Commercial
Existing
Conditions
Residential
Commercial
Vacant
Commercial and
Residential
Townhome Requirements:
Minimum Lot Area
Minimum Lot Area
Minimum Lot Width
Minimum Lot depth
Required Provided
6,250 sq. ft. 15,000 sq. ft.
1,600 sq. ft. 2,300 sq. ft.
20 feet 23 feet
70 feet 100 feet
Public Services and Facilities in Amendment Area:
The impact on public services for three (3) residential unit is, 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, 2003 was 9,496. This is still adequate park space
available.
The traffic on North Atlantic is operating at Level of Service "D" with 233 available peak hour
trips between George King Blvd and Central Blvd. Central Blvd south to SR AIA on North
Atlantic is operating at a level of service "D" with 236 available peak hour trips. The maximum
peak -hour volume acceptable is 810 representing a LOS of "E". The proposed development with
2 dwelling units could generate 2 or 3 additional peak hour trips per day and this would not
create a traffic deficiency.
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 development would generate 1,000 gallons per day (GPD). There is adequate
wastewater treatment capacity available.
The City of Cocoa has a total potable water 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 development would consume 1,200 GPD. There is adequate potable water
service available with the proposed change.
Brevard County provides facilities for solid waste disposal. At this time, the County does not
foresee any deficiency with their solid waste facilities.
Environmental Description of Amendment Area:
The subject parcel has Ur — Urban soil associated with urbanizing conditions well drained. There
are no known wetlands, floodplains or endangered species currently identified on site.
Historical and Archaeological Resources in Amendment Area:
There are no known historical or archeological resources on site.
Population Projections and Trends:
The average single family dwelling unit may contain 2.37 persons per unit or 9 to 10 persons.
This should not have a significant affect on the population projections.
2005 15:06
June 8, 2005
4076297883
Mr. Todd Peetz .
Miller Legg & Associates
631 South Orlando Avenue, Suite 200
Winter Park, FL 32789
MILLER LEGG
RE: David Welsch 4 Unit Townhomes — Site Plan Review 2
SSA Job No. 05-0025 / 002-1004
Dear Mr. Peetz:
PAGE 02/05
SSA
SSA has reviewed the above -referenced project and based on our review, SSA recommends
said plan for City approval.
This review does not relieve the applicant from other local, state, and federal agencies having
jurisdiction over the project site. Should you have any questions regarding this letter, please
do not hesitate to call.
Sincerely,
Stottler Stagg & Associates
Architects, Engineers, Planners, Inc.
John A. Pekar, PE
Sr. Vice President - City Engineer
City Engineer's Review Fee for Review 12 — Included in Review 91
NOTICE OF ADDITIONAL FEES
As this project is being reviewed under the original City contract,
Engineering Fees for all reviews atter 2"d review will be billed at $95.00 per hour.
STOMER STAGG & ASSOCIATES ARCHrrEM ENGINEERS PLANNERS, INC.
em North AdayNi'e.Aveoue P. 0. Box 1630 Cape CaoavemL FlArift 32920 Td $21-78.3-2320 Fax 321.70?MS
Uc.OAAC(MM OEBOOM762 #LBoM6740
,r.04ftriaenv04m,with rover 2 - APPAML.A-
Susan Chapman
From: Walter Bandish [wbandish@bellsouth.net]
Sent: Monday, June 06, 2005 11:28 AM
To: chapman-cape@cfl.rr.com
Subject: sewer to proposed 4 unit apartment building
After reviewing site plan for this said property on Washington Ave.. There
are estahlished sewer laterals for this 4 unit apartment building. These
laterals are sized to accommodate the complex.
Waler bandish, Assistant Public Works Director
Plan Review
To: Todd Peetz, City Planner
From: Tim Reaves, Fire Inspector
Re: Casa Bonita Site Plan
Station #1
190 Jackson Avenue • Cape Canaveral, Florida 32920
(321) 783-4777 • Fax: (321) 783-5398
Station #2
8970 Columbia Road • Cape Canaveral, Florida 32920
(321) 783-4424 • Fax: (321) 783-4887
www.ccvfd.org
MEMORANDUM
To: Todd Morley, Building Official
From: Todd Peetz, City Planner
Date: June 17, 2005
Subj: Dave Welsch Town homes
The applicant has satisfactorily responded to my comments.
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, please do not hesitate to contact me.
Meeting Type: Regular
Meeting Date: 07-19-05
AGENDA
Heading
Ordinances -1St Reading
Item
9
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 13-2005, AMENDING CHAPTER 50-4, OVERNIGHT CAMPING
PROHIBITED
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider at first reading an ordinance to specifically define the intended public purpose of City parks
and beaches.
Summary Explanation & Background:
At the June 7, 2005 City Council meeting, Council Member Buzz Petsos asked for council's interest to review the
City code regarding sleeping in public places.
Exhibits Attached:
Ordinance No. 13-2005
City Manager's Office
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\zUUS\ut-ly—u5\ts-ztru5.aoc
ORDINANCE NO. 13 -2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, REGULATING
SLEEPING AND CAMPING UPON PUBLIC STREETS AND
SIDEWALKS, BEACH END STREETS, BEACH DUNE
CROSSOVERS, BEACHES AND PARKS; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII of the
State constitution, to exercise any power for municipal purposes, except when expressly
prohibited by law; and
WHEREAS, the Florida Constitution provides that it is the policy of the State to
conserve and protect the natural resources and scenic beauty and that adequate provision shall be
made by law for the abatement of air and water pollution and of excessive and unnecessary noise
and for the conservation and protection of natural resources; and
WHEREAS, the City Council also finds that the public beaches are an invaluable asset
held in trust by the City for recreational use by residents and visitors alike; and
WHEREAS, the City Council further finds that trespass on private beaches and land is
prohibited by law and subject to the police powers of the City; and
WHEREAS, the City Council finds that the City's well-being is substantially dependent
upon tourism and a high quality of outdoor life for its residents and visitors which is in turn, is
dependent upon maintaining attractive and inviting beaches and parks; and
WHEREAS, the City Council hereby finds that this ordinance is necessary to preserve
and protect the scenic beauty the City's public beaches, the public's quality of life and safety on
public and private beaches, and the economic welfare of the City's tourism industry ; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
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 reference
as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. That Chapter 50 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and
City of Cape Canaveral
Ordinance 13-2005
Page 1 of 5
st,ikeottt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 50. It is intended that the text in Chapter 50 denoted by the asterisks
and set forth in this Ordinance shall remain unchanged from the language existing prior to
adoption of this Ordinance).
CHAPTER 50. OFFENSES AND MISCELLANEOUS PROVISIONS
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.
Sec. 50-4. Sleeping and camping in public areas and beaches.
(a,) Intent and purpose. The public streets and sidewalks, beach end streets, beach dune
crossovers, beaches and parks within the corporate limits of the city should be readilX
accessible and available to residents and the public at large. The intent and purpose of
this section is to maintain public streets, beach end streets, beach dune crossovers,
beaches and parks within the corporate limits of the city in a clean, safe and accessible
condition and to prohibit the use of these areas in a manner that interferes with the rights
of others to use the areas for their intended purpose. Further, it is the intent and purpose
of this section to conserve and protect the natural resources and scenic beauty of the city,
particularly the beaches and parks.
Findings. The city council hereby makes the following findings in support of this
section:
W The city's beaches and parks are invaluable natural assets which are
held in trust by the city for recreational use by residents and visitors
alike.
(2) The city's beaches and parks are intended to be used solely for
recreational purposes and are not intended to be used for sleeping
and camping during_ nighttime hours. In addition, the public streets
and sidewalks are intended to be used for unimpeded vehicular and
edestrian travel.
City of Cape Canaveral
Ordinance 13-2005
Page 2 of 5
The city's economic well-being is substantially dependent on
tourism which is, in turn, dependent on maintaining attractive and
inviting beaches and parks. Permitting persons to sleep upon city
beaches and within city parks during nighttime hours will ne atively
affect the appearance of the city's beaches and parks, will have a
deleterious effect upon the city's tourism industry and the quality of
life enjoyed by the city's residents and visitors, and will require an
unwarranted expenditure of city funds to provide for a reasonably
safe and healthy sleeping environment for those who may choose to
sleep in such a fashion and to protect those persons who may be
using the city's beaches and Qarks for their intended purpose.
Persons asleep on city beaches and within city parks during
nighttime hours are exposed to the risk of harm from others or from
severe weather conditions.
Sleeping upon public streets and sidewalks will interfere with and
impede the public's right to travel upon the city's transportation
system and will expose persons to the risk of harm from vehicular
and pedestrian traffic.
Prohibiting persons from sleepin ug pon public streets and sidewalks,
beach end streets and beach dune crossovers and prohibiting
sleeping upon public beaches and within parks during nighttime
hours will promote the Rublic health, safety and welfare.
U Definitions The following words used in this section shall having the meaning defined
herein:
W Beach end streets shall mean a street within the city that has as its east
terminus the Atlantic Ocean or the dune line which runs north and
south parallel to the Atlantic Ocean.
Camping shall mean sleeping or otherwise being in a temporary shelter
located outdoors and/or using an outdoor place for living
accommodation purposes as evidenced by the use of tents, sleeping
bags bedrolls blankets luggage, backpacks, storing personal
belongings cookware and other camping like paraphernalia.
U Prohibitions The following_ prohibitions shall apply within the corporate limits of the city:
LL It shall be unlawful for any person to slew or camp upon public streets
and sidewalks beach end streets, and beach dune crossovers.
City of Cape Canaveral
Ordinance 13-2005
Page 3 of 5
(2) It shall be unlawful for any person to sleep upon any public beach and
within M park between the hours of 9:00 p.m. and 7:00 a.m. of the
following day.
(3) It shall be unlawful for any person to camp within any park or upon any
public beach.
,(4) It shall be unlawful for anyperson to sleep or camp upon any private
beach or undeveloped lot without the permission of the owner or person
entitled to possession of such private beach or lot. Notwithstanding, no
undeveloped parcel of land shall be inhabited or occupied for purposes of
sleeping, eating, and habitation during the hours of 9:00 p.m. to 7:00 a.m.
of the following day, unless such property is legally improved with a safe,
standard structure meeting all minimum ordinance requirements. Further,
this ssubsection shall not be construed as authorizing open fires which are
expressly prohibited by section 54-3 of the City Code.
It shall be unlawful for any person to misrepresent to an official or law
enforcement officer that he or she has no home or permanent shelter in order to
evade enforcement and penalties provided by this section.
D Signs The city manager may order the erection of signs in and upon public beaches and
parks noticing the prohibitions and penalties set forth in this section.
Q1 Enforcement and penalties Any person who is observed engaging in anaY ctivity
prohibited by this section shall vacate the particular place at issue upon the request of an
authorized official or law enforcement officer. The willful refusal to vacate the area shall
be subject to a penalty as provided in section 1-15 of the City Code. If a law enforcement
officer or other official encounters a person engaged in an activity prohibited by this
section and that person volunteers that he or she has no home or permanent shelter, that
person must be given an opportunity to enter a homeless shelter or similar facility, if
available or be placed on public property where the city or Brevard County has authorized
camping or overnight sleeping If no such facility or public property is available, an arrest
may not be made.
(g) Exclusions The prohibitions in this section shall not apply to public shelters, public
buildings public parks or beaches or public prop= where the city or Brevard County
has authorized camping or overnight sleeping.
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.
City of Cape Canaveral
Ordinance 13-2005
Page 4 of 5
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 , 2005.
ROCKY RANDELS, Mayor
ATTEST: For Against
SUSAN STILLS, City Clerk
First Reading:
Legal Ad published:
Second Reading:
Burt Bruns
Bob Hoog
Jim Morgan
Buzz Petsos
Rocky Randels
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance 13-2005
Page 5 of 5
BUILDING DEPARTMENT
Date: July 11, 2005
To:
Bennett Boucher, City Manager
From:
Todd Morley, Building Official
,�e
Re: Building Department
Quarterly Activity Report: April - June 2005
The following report is a summary of the Building Department's activities,
accomplishments and on-going projects for the months of April - June 2005.
Building Department - Overview:
Bob Haley, Building Inspector/Plans Examiner, completed his 6 -month probationary
period.
Duree Alexander, Code Enforcement Officer hosted the 1 st Cape Canaveral meeting
of the regional chapter of F.A.C. E. (Florida Association of Code Enforcement) in the
City Hall Annex building.
Duree Alexander, Joy Daine, Code Enforcement Board Secretary and Craig Stewart,
Code Enforcement Board member attended the annual F.A. C. E. Conference in Ft.
Meyers.
Todd Morley, Building Official, Dennis Clements, Building Inspector/Plans Examiner,
and Bob Haley attended the B.O.A.F. (Building Official's Association of Florida)
Conference in St. Petersburg.
Dennis Clements became certified as a Commercial Electrical Inspector and
Electrical Plans Examiner.
Susan Chapman, Administrative Assistant and Duree Alexander, attended a one -day
Florida Women in Government Seminar in Orlando.
Dennis Clements and Bob Haley attended a training course regarding proper
licensing, set-up and removal techniques for mobile homes, hosted by Brevard
County.
7/11/05
Building Department Quarterly Report
April - June 2005
2
Proiected and on-goingyroiects:
• AJT Building — (North end of Astronaut Blvd.) site plan under staff
review.
• Angel's Isle Subdivision (W. Central Blvd.) — One (1) single family
residence under construction.
• Bayside Condominiums— (At W. Central and Thurm Blvd.) One (1) 5 -
story, 24 -unit building under construction. Site is near completion.
• Bayport Condominiums and Townhomes - (At W. Central and Thurm
Blvd. - S. of Bayside Condominiums) 106 residential units at build -out.
Construction is ongoing.
• Beach Side Townhomes - (Adams Avenue) Four (4) residential units at
build -out. Two (2) have been completed.
• Beach Side Townhomes 1 st Addition - (Adams Avenue) - (4) townhouse
units - Preliminary Replat approved.
• Cabo Verde Condominiums - (Porter Property) — A proposed
condominium project. Comprehensive plan amendment request submitted
for rezoning from C-1 to R-3.
• Canaveral Bulk Terminal - (Randy May Conveyor System) - Site plan
submitted and under review.
• Casa Bonita - (Comer of Washington and N. Atlantic Avenues) - Special
Exception and Preliminary Replat approved for (4) townhouse units. Site
plan approved.
• Central Canaveral Condominiums — A four (4) -unit condominium
building. Construction is ongoing.
• Chadwick Townhomes - (Madison Avenue) - preliminary replat is
approved for a two -unit townhouse.
• Country Inn & Suites - (Just North of Racetrac on Astronaut) 150 -room
hotel. Construction is ongoing.
• Discovery Bay Single Family Subdivision - (Manatee Bay Drive) Two
(2) Single Family Residences. Construction is ongoing.
• Greene Commercial Building - site plan submitted and under review.
• Harbor Dr. — One (1) Single Family Residence. Construction is ongoing.
• Holman Rd. - One (1) Single Family Residence. Construction is ongoing.
• Laniando Commercial Building - (between Tyler & Harrison on N.
Atlantic Avenue) - Site plan pre -application meeting held. Waiting for
site plan submittal.
7/11/05
Building Department Quarterly Report
April - June 2005
3
Projected and on-going aroiects continued:
• Madison Cay (a.k.a. Shores of Artesia, a.k.a. Sand In the Shoes) —
(One block south of Surf and Ridgewood) Nineteen (19) residential units
at build -out. Construction is ongoing.
• Majestic Bay - (South of Wachovia Bank on Atlantic) Twenty-nine (29)
residential units at build -out. One (1) five -story building and three (3)
two-story condominiums under construction. Site near completion.
• Marie Ann Villas — (Monroe at Poinsetta) Fourteen (14) residential units
at build -out. Construction is on going.
• Oak Lane — One (1) proposed Single Family Residence. Request for C1 -
R2 Special Exception time extension granted. Waiting for revised
construction plans.
• Oak Park — (N. Atlantic, just S. of Shorewood) Forty (40) residential
units at build -out. Construction is on-going.
• Ocean Garden Wave III (Ocean Garden Ln.) — One (1) single-family
dwelling under construction.
• Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's
Nursery) Forty (40) residential units at build -out. Construction is on-
going.
• Portside Villas — (N. Atlantic Avenue, across from Villages of Seaport)
120 residential units at build -out. Construction is on-going.
• Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 residential units
in Phases I & II. 240 residential units in Phase III. 404 residential units at
project build -out. Construction is ongoing.
• Residence Inn — 150 -room hotel. Construction is ongoing.
• Rosalind Ave. — One (1) Duplex. Construction is on-going.
• Sea Shell Cay Townhomes - (Comer of Harbor Drive and N. Atlantic
Avenue) - Request for R-2 Special Exception was approved for (4)
townhouse units in the C-1 zoning district.
• Seaspray Townhomes (a.k.a. Villas by the Port) — (Across the street
from, and just N. of, Harbor Dr. at N. Atlantic) Thirty (30) residential
units at build -out. Construction is ongoing.
• Tech Vest, Phase X — (Center Street) — Construction is ongoing
• Venable Residential Units - the property was sold and the new property
owners were granted their request for C 1-R2 Special Exception time
extension. This project is located on Holman Road. (5) condominium
units are proposed.
7/11/05
Building Department Quarterly Report
April - June 2005
4
Projected and on-going projects continued:
• Verizon Wireless Communication Tower - (350 Imperial Blvd.) — The
Planning and Zoning Board has recommended this project for approval.
• Villages of Seaport - Phase 7 (a.k.a. Mystic Vistas)— (E. end of Seaport
Blvd.) Total of 160 residential units at build -out. Construction is
ongoing.
Recently completed proiects:
• Coastal Fuels - Upgraded vapor combustion unit.
• Ocean Estates — (At beach -end of Monroe Avenue) One (1) seven -unit
condominium building.
• Bayport Condominiums and Townhomes - (At W. Central and Thurm
Blvd. - S. of Bayside Condominiums) Two triplex units and one duplex
unit completed
• Madison Cay (a.k.a. Shores of Artesia, a.k.a. Sand In the Shoes) —
(One block south of Surf and Ridgewood) Five (5) residential units
completed.
• Majestic Bay — One (1) 15 -unit building, one (1) 5 -unit building.
• Marie Ann Villas — (Monroe at Poinsetta) Four (4) residential units
completed.
• Puerto Del Rio — (At W. Central and Thurm Blvd.) One (1) 16 -unit
building completed.
• Solana On The River — (River -end of Center St - Sevilla and Marbella
Court.) One (1) 12 -unit building completed. Site is now complete with a
total of eighty (80) residential units.
• Villages of Seaport - Phase 7 (a.k.a. Mystic Vistas)` (E. end of Seaport
Blvd.) One (1) 40 -unit building completed.
Permitting Statistics:
(296) Permits were issued with a total construction valuation of
$3,710,933.27.
The department assessed $39,246.67 in permitting fees and $166,734.51
in sewer impact fees; for a total of $205,981.18.
(208) Permits were finaled. (18) Certificates of Occupancy were
issued.(1,099) Inspections were performed.
7/11/05
Building Department Quarterly Report
April - June 2005
5
Permitting Statistics continued:
Construction Valuation Annually
(2005 includes through this quarter)
$140,000,000
120,000,000
100,000,000
$80,000,000
$60,000,000
$40,000,000
$20,000,000
SO
1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
Due to the extraordinary 2004 hurricane season, the number of re -roofing
permits began to escalate in September. The following chart indicates
this growth and decline.
7/11/05
Building Department Quarterly Report
April - June 2005
6
Code Enforcement Activities
Current Violations:
Code Section and title
Oty
29.3%
22-40; Approval prerequisite for permits
2
4.2%
34-96: Standards Established
5
10.4%
34-98; Building Appearance and Maintenance
1
2.1%
70-71; Engaging In Business Without Paying Tax
2
4.2%
80-4; Compliance (Vehicles for Hire)
1
2.1%
82-12; Unsafe Building or Systems
1
2.1%
82-116; Adoption of the National Electric Code
3
6.2%
82-146; Adoption of Plumbing Code
1
2.1%
82-221; International Property Maintenance Code
1
2.1%
82-233; Florida Building Code Adopted
2
4.2%
94-31; Permit Required
3
6.2%
102-37; Civil Penalties
3
6.2%
102-38; Criminal Penalties
2
4.2%
102-39: Tree Protection
3
6.2%
102-41; Protection of Trees and Vegetative Buffers
2
4.2%
104/105; Florida Building Code -Permits & Inspections
9
18.6%
110-334; Special Exception Permissible by Board Of Adjustment
1
2.1%
110-467; Garage Sales
1
2.1%
110-468; Accessory Structures
1
2.1%
110-470; Fences, Wall and Hedges
1
2.1%
110-492; Location of Spaces
1
2.1%
110-551; Location of RV, Camping Equip., Boats/Trailers
1
2.1%
303-303.1; Exterior Structure
1
2.1%
TOTAL
48
100%
Areas of Current Violations by District:
Section 14 Northeast Section
14
29.3%
Section 15 Northwest Section
8
16.4%
Section 22 Southwest Section
12
25.0%
Section 23 Southeast Section
14
29.3%
Total
48
100%
Northeast Northwest Southwest Southeast
7/11/05
Building Department Quarterly Report
April - June 2005
7
Code Enforcement Activities continued:
Cases presented to Board:
Current cases:
"A Better Place" requests completed:
Cases brought into compliance in field:
Total number of cases for the quarter:
Community Appearance Board:
5
48
30
85
175
The Community Appearance Board held four meetings and reviewed (19)
requests. (19) were approved, (0) denied.
Planning & Zoning Board:
The Planning & Zoning Board held (5) meetings.
The Board reviewed (1) proposed ordinance during this quarter regarding short-
term rentals.
The Board recommended (2) special exceptions; (2) time extensions; (2) plats;
and (2) site plans.
Local Planning Agency:
The Local Planning Agency held (2) meetings.
Board of Adjustments:
The Board of Adjustments held one meeting.
The Board approved (1) special exception; and (2) time extensions.
The Board found (1) special exception in violation of conditions.
Construction Board of Appeals:
The Construction Board of Appeals did not hold any meeting during this quarter.
City Clerk's Office
Human Resources and Risk Management Services
Quarterly Report for July 2005
CITY CLERK'S OFFICE
Information Management
• Assistant Clerk continues to update the City web site with new information. This
quarter featured an aesthetic change to the Home Page.
• Better Place complaint tracking system continues to be a valuable tool for
citizens and staff. Virginia Haas wrote a feature article in the Hometown News
this quarter on the City's success using the E -Better Place system to efficiently
service public concerns.
• Citizens continue to use the City kiosk desk to research information on
community and government topics.
Legislative
• The Clerk's office is preparing the City Council candidate packets for the
upcoming election in November.
HUMAN RESOURCES & RISK MANAGEMENT SERVICES
Resignations:
Jerry Martin, Plant Operator
Robert Sleczkowski, Maintenance Specialist
Position Vacancies Budgeted for FY 04/05:
Building Inspector/ Plans Examiner — Building Department
New Employees:
Florence Hall, Senior Secretary — Public Works
Michael Swingler, Database Administrative Assistant — Public Works
Joe Pantaleo, Plant Operator - Public Works (Prospective Employee)
Position Vacancies:
Accounting Technician — Finance
Maintenance Specialist — Streets/Maintenance Dept.
The City Clerk conducted Orientations for all new employees and an Exit Interview for
employees leaving the City.
City Clerk/ Human Resource Office
Quarterly Report, July 2005
Page 2
Risk Management
• Claim resolved for a damaged mailbox at 214 Jefferson Avenue. City vehicle
repaired and the City insurance carrier reimbursed Mr. William Budesa for his
mailbox on June 30, 2005.
• Claim resolved for playground injury. Independent Adjuster found that the City
was not negligent in any manner of equipment or property maintenance.
PROFESSIONAL DEVELOPMENT ACTIVITIES
• Ms. Stills continues to serve as Vice -President of the Space Coast Public
Personnel/ Risk Management Association (SCPP/RMA). The Association hosted a
workshop at the Cocoa Civic Center on June 16th entitled, "Supervisory Survival
Skills." A number of City Department Heads and Line Supervisors attended.
• Ms. Stills attended the Brevard County Traffic Safety Meeting in June. This is an
ongoing effort to keep the cities updated on changes to School Board policy. This
year the School Board directed cities to have School Crossing Guards in place
during the summer session. Public Safety representatives from the County and the
State presented their contact information for resource use. The group offered for
consideration the opportunity for local training to those who desire to become
School Crossing Guard Trainer/ Observers.
• Ms. Stills attended the Florida Association of City Clerks Annual Conference in
June. She will serve on the FACC Legislative Committee for 2005/2006.
• Ms. Stills attended the Florida League of Cities Insurance Client Conference in
May. She and Cathy Hardy, Safety Coordinator met with the League's regional
Representative, Eric Storey to review the City's safety practices. Mr. Storey
commended the City on its proactive stance toward Risk Management.
TO: Bennett C. Boucher, City Manager
FROM: Ed Gardulski, Public Works Director
SUBJECT: Quarterly Report: April, May, June 2005
DATE: July 11, 2005
STREETS AND BEAUTIFICATION
1. Traffic Engineering. Luke Transportation Consulting, Inc. was awarded the continuing
consulting service contract (RFP 04-03) by the City Council on September 21, 2004. The Firm
has been tasked to perform a traffic study of Atlantic Avenue and Al A. The final report has
been approved.
2. N. Atlantic and Central Blvd Turn Lane. Staff is working with the County in regards to the
design and construction of the left turn lane on Atlantic to Central Blvd. Brevard County has
contracted the engineering design task. The project preliminary design is complete. The
County is securing the needed easements along the west side of North Atlantic Avenue.
3. Holiday Decorations. City staff has purchased spring/summer banners to display throughout
the city.
4. Adopt A Beach Crossover. The Beautification Board approved this project in August and the
response from the citizens has been favorable. Mr. And Mrs. Hale, Mr. And Mrs. Mars,
Artesia Condos, the Vicidomini Family, Ms. B. Merchant and Ms. M. Ballentine, the
Schaffner Family, Mr. And Mrs. Laws, Mr. Jeff Ratliff, and the United Space Alliance have
all applied for this sponsorship.
5. Library Fountain. The Beautification Board developed the project to add a decorative
fountain to be placed in the center of the atrium entrance area. The Fountain has been installed
and is in operation. The Decorative Fountain is a great addition to the Library.
6. Decorative lighting. The Beautification Board has been working on a project to add
decorative lighting around the City Hall complex. Staff is developing site locations and has a
concern about lighting spillover to residential areas. Hence, staff selected a lower level
lamppost with a 70 watt MH lamp.
7. Sidewalks Projects. J&S Curb was awarded on May 17'' the project to construct a sidewalk
along the Eastside of Poinsttta Avenue. Contract delays are due to rain and scheduling. The
City has received 17 inches of rain this quarter.
0 Page 1
Page 2 of 4
Quarterly Report —3"d Qtr.
July 2005
RECLAIMED WATER
1. Plant Production:
April
May
June
Quarter
Wastewater treated:
26.57
MG
28.44
MG
36.44 MG
91.45 MG
Reuse Cape Canaveral
14.30
MG
16.98
MG
10.76 MG
42.04 MG
Reuse Cocoa Beach
0
MG
0
MG
0 MG
0 MG
Port Canaveral
.425
MG
.52
MG
.160 MG
1.105 MG
Total Reuse:
14.73
MG
17.50
MG
10.92 MG
43.15 MG
River Discharge:
11.85
MG
11.09
MG
25.52 MG
48.46 MG
Rainfall:
2.09"
5.80"
9.6"
17.49"
Reclaimed Customers:
703
710
722
722
2. Reuse Expansion Project. Formulating plans for the up coming budget.
3. The Waste Water Treatment Facility Improvements. Work in progress for the
Maintenance Building addition. Waiting for roof trusses.
4. Sewer Force Main Replacement. Council approved the proposal from Wiring Technologies,
Inc. for the replacement of a sewer force main in the amount of $375,995. A Bid award was
issued to Wiring Technologies. This project is delayed due to the Contractor.
5. Budget. Staff is developing FY 06 budget and establishing equipment replacement schedule.
STORMWATER
1. Maintenance. City personnel routinely remove floatable items and perform inspections of
all baffle boxes (3) after heavy rainstorms or an accumulation of 1" of rain within 24 hours.
Extensive cleaning of the baffle boxes has been budgeted for FY2005-2006.
2. Inspections. Construction site inspections are completed at the commencement of land
clearing and after every rainfall event. Inspection of all new construction sites for state
mandated regulations in regards to erosion and sediment control is routinely performed.
0 Page 2
Page 3 of 4
Quarterly Report — 3`' Qtr.
July 2005
3. Baffle Box Stormwater Grant. The City was awarded a cost sharing 319(h) grant from
the FDEP for the installation of three baffle boxes: Holman Avenue, Center Street, and
Central Boulevard. The matching grant is $263,402 (60%) of the project cost of $ 439,003
— the City cost is $175,601 (40%). The Center Street project is 95% complete — the Holman
Avenue project is scheduled for initiation on July 13.
4. FEMA Grant. The City submitted a grant application through the FEMA Hazard
Mitigation Grant Program. If awarded, the grant funds will be used for drainage
improvements to the Buchanan/Orange Street intersection. The grant application was
submitted in March 2005 - the City is requesting funding of approximately $250,000.
5. CDBG Grant. The City has reportedly received a Community Development Block Grant
(CDBG) in the amount of $100,000 for drainage improvements to the Buchanan/Orange
Street intersection. An initial project meeting is scheduled for July 14, 2005 in Viera.
6. North Central Ditch Project. The City is pursuing funding for stormwater improvements
for the northern portion of the Central Ditch. Grant funds from the SJRWMD have been
received in the amount of $75,000. A matching 319(h) grant application was submitted to
the FDEP requesting funding of $314,770. The proposed City cost is $134,848 — anticipate
notification of the award of the FDEP funds within two weeks.
7. South Central Ditch Project. The City submitted 319(h) and SJRWMD grant applications
for stormwater improvements to the southern portion of the Central Ditch. The City has
requested $401,000 — costs to the City would be $94,000. Notification of the award of the
grant funds is anticipated in late -2005 or early -2006.
8. Monitoring. Water quality monitoring continues at the City's baffle boxes (3) — a master
database of all stormwater laboratory results has been developed. Quarterly stormwater
monitoring reports are submitted to the FDEP/SJRWMD as necessary.
9. NPDES Permit. The City has submitted the Final NPDES Year 1 Annual Report to the
DEP. The Year 2 Annual Report is due by December 31, 2005. Information kiosks have
been installed at City Hall, the City Library, and the Public Works facility.
10. Urban Stormwater Park. The City is reviewing potential sites for a new urban
stormwater park. The City will apply for a FDEP Watershed Restoration Grant when a site
is selected — application deadline is February 2006.
0 Page 3
Page 4 of 4
Quarterly Report — 3dQtr.
July 2005
PUBLIC WORKS ADMINISTRATION
1. Animal Control. This office processed 12 citizen requests for animal traps for the months of
April, May, and June 2005 and was notified that a total of 13 animals were trapped as follows:
5 Cats
6 Raccoons
2 Possum
2. Education/Training.
Supervisors Kay McKee, June Clark, Davina Beedie & Carl Akery attended a one -day conference
"Supervisory Survival Skills".
Barbara Dasno & Rita Skrocki attended the Florida Society of Environmental Analysts two-day
seminar regarding NELAC lab requirements.
Chester Cooper attended FWPCOA short school for Reclaimed Water Field Site Inspector
certification 3 days.
Ed Gardulski, Walter Bandish & June Clark attended the Florida Water Resources Conference in
Jacksonville for 3 days.
Ed Gardulski attended the American Public Works Annual meeting & trade show in Tampa for 3
days.
Walter Bandish, June Clark & Kenneth Veenstra attended a teo-day conference " Homeland
Security for Water & Wastewater" in Melbourne.
All Streets Div & Collections Div. employees attended a one -day Maintenance of Traffic refresher
course in Merritt Island.
Jeff Ratliff attended the "2005 Annual Stormwater Association Conference in Ft. Myers for 3
days.
3. New Employees
Florence Hall, Senior Secretary, was hired May 31, 2005.
Michael Swingler, Data Administrative Assistant, was hired July 6, 2005.
0 Page 4
CITY OF CAPE CANAVERAL
Parks & Recreation Department
7300 North Atlantic Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
email:parknrec@earthlink.net
RECREATION DEPARTMENT QUARTERLY REPORT
April -June 2005
The annual Spring Fling Racquetball Tournament was held April 22-24h. The weather was
nice, the tournament was full, the sponsors were happy and a good time was had by all! (Report
attached)
A local company held a company picnic luncheon at Manatee Sanctuary Park in April and
there was a wedding on the boardwalk/reception in the pavilion in May. We've had inquiries for
the pavilion for weddings but when informed that alcoholic beverages are prohibited in City
parks, they usually lose interest quickly.
A new kid's karate class began in May. George Denson is the instructor. George is a 6`"
degree black belt who owned his own karate school in North Carolina prior to relocating to
Florida. In addition to teaching karate, he owns a video production company and released two
karate training dvd's in September of 2004.
Bill Young donated two very nice trash receptacles for the pavilion at Manatee Sanctuary Park.
(acknowledgement letter attached)
Space Coast Little League season was officially over on May 2& with closing activities being
held at the pool pavilion in Cocoa Beach (opening day ceremony was scheduled in Cape
Canaveral)
The Youth Center began "summer break" hours on May 25t' and is open from 12 noon until
5:00 p.m. Monday through Saturday. The hours will remain in effect until school resumes on
August 9h. Attendance during this quarter:
April — 413/average of 18 per day
May - 415/average of 17 per day
June - 416/average of 15 per day
Work just started on the soccer field at Banana River Park. SSA expects to finish their part in
a couple of months; the remaining grant components should be complete by the end of the
calendar year.
CITY OF CAPE CANAVERAL
PARKS & RECREATION DEPARTMENT
7300 North Atlantic Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
(321) 868-1227
e-mail:
MIKE REYNOLDS SPRING FLING RACQUETBALL TOURNAMENT rl
APRIL 22, 23, 24, 2005 I
INCOME:
Entry Fees (80 Participants) $2415.00
T -Shirt Sale 120.00
$2535.00
Sponsors:
Derman Homes
100.00
Wallpaper for Windows
100.00
HMS,Inc.
100.00
Island Surf & Skate
100.00
The Racquet Connection
100.00
Acorn Mortgage
125.00
InitiaTEK
125.00
Southern Tape & Label
100.00
Wardlow Ceramic Tile
100.00
The Rainmaker
100.00
Spaceport Imaging
100.00
Sunshine Welding
100.00
Sea Ray Boats
100.00
Merritt Island Dental Center
125.00
Coastal Screen Company
125.00
Universal Vending
125.00
Massage by Marakot
125.00
T -Mart (shirt discount $117.00)
.00
$1850.00
$4385.00
EXPENSES:
Postage
13.32
Applications
14.00
Medals
125.00
Tournament Shirts
942.10
Racquetballs
119.16
Food, Supplies & Gatorade
231.34
Court Time (retained by Rec. Center/112 lirs.)
280.00
Reproductions
3.50
Total Expense 1728.42
Profit
$ 2656.58
25% of Profit Retained by Recreation Department $ 664.16
75% of Profit To Tournament Directors $ 1992.44
(Mike D' Amico $996.21) (Paul Owens $996.21)
CITY O1' CAPF CANAVERAL
Narks & Recreation Department
7300 North Atlantic Avenue, 1'.0. 13ox 32o
Cape Canaveral, Florida 32920
(321) 868-1227
email: p�irlaucc(u�caiti�lin4�,t}et
MEMO
TO: Andrea BoNvers, City 'Treasurer
CC: City Manager
FROM: Nancy Hanson, Director, Parks & Recreation Director;' 1
I 1
DATE: April 15, 2005
RE: Donation to Parks & Recreation Department
Mr. Bill Young from Day Development Corporation has contributed eight hundred thirty-five dollars
($835.00) to the Parks & Recreation Department for the purchase of 2 trash receptacles for placement in the
pavilion at Manatee Sanctuary Park.
Find attached two checks in the amount of four hundred seventeen dollars and tiny cents ($417.50)
each.
The receptacles have been purchased & placed in the pavilion, with plates acknowledging the donation by
Bayview Condominium Association and Bayport Condonllniulll Association.
w
WASTE MANAGEMENT, INC.
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Ave,
Cape Canaveral, Florida 32920
July 11, 2005
Re: Second Quarter 2005 Report
Dear Mr. Boucher:
Waste Management provided a total of, 26 garbage collections, 13 green waste and 13 recycle collections
to the single family residents. This equates to approximately 125,875 collections. In addition, service was
provided to approximately 5,100 multi -family units, 45 commercial can customers, 115 commercial
customers and 10 permanent roll off accounts. A total of 62 documented concerns were received by the
City during this time period and the breakdown is as follows: 19 garbage complaints, 14 recycle
complaints, 15 green waste and 9 general /dumpster complaints.
If you have any questions or need further information, please feel free to contact me.
Sr. Route Manager
Jim Tuggle
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