HomeMy WebLinkAboutcocc_council_mtg_Packet 02-01-2005 RegularCALL TO ORDER:
PLEDGE OF ALLEGIANCE:
ROLL CALL:
CONSENT AGENDA:
City of Cape Canaveral
,OUNCIL REGULAR MEETING
CITY HALL ANNEX
Avenue, Cape Canaveral, Florida
TUESDAY
February 1, 2005
7:00 PM
AGENDA
1. City Council Regular Meeting Minutes of January 18, 2005.
2. Outdoor Entertainment Permit for the Manatee Sanctuary Park Dedication.
3. Renewal of Inmate Labor Contract with the Florida Department of Corrections in the
Amount of $50,307.95.
CONSIDERATION:
4. Motion to Approve: Mutual Aid Agreement with the Brevard County Sheriff's
Department.
RESOLUTIONS:
5. Motion to Adopt: Resolution No. 2005-04; Authorizing the Mayor and the City Clerk
to Execute the Final Re -Plat for Ocean Gardens — Wave Four, James E. Morgan,
Applicant.
105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Telephone: (321) 868-1222 • SUNCOM: 982-1222 d FAX: (321) 868-1247
www.myflorida.com/crape • email: ccapecanaveral@cfl.rr.com
1�� 0'y of Cape Canaveral, Florida
City Council Regular Meeting
February 1, 2005
Page 2
ORDINANCES: Second Public Hearing:
6. Motion to Adopt: Ordinance No. 01-2005: Repealing In Its Entirety Chapter 40,
Article II, Human Rights, at second reading.
7. Motion to Adopt: Ordinance No. 02-2005: Imposing a 60 -Day Moratorium on
Issuing Land Clearing Permits in the City, at second reading.
DISCUSSION:
8. Review Process for Site Plans.
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 perm 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
January 18, 2005
7:00 PM
CALL TO ORDER:
ROLL CALL:
Mayor Pro Tem
Council Member
Council Member
Council Member
Mayor
OTHERS PRESENT:
City Manager
City Attorney
City Clerk
Public Works Director
Todd Morley
PRESENTATIONS:
MINUTES
Bob Hoog
Steve Miller
Jim Morgan
Buzz Petsos
Rocky Randels
Bennett Boucher
Anthony Garganese
Susan Stills
Ed Gardulski
Building Official
Commander George McGee
Mayor Randels presented a plaque to Commander George McGee. Mayor Randels
reviewed some of the highlights of his career in Cape Canaveral. Commander
McGee expressed his appreciation for working with the City. He also related the
importance of working with the youth in the City. Council members expressed their
individual appreciation for his leadership and admirable service.
2004 Reindeer Run Proceeds Check to United Way of Brevard County and
Sponsorship Recognition
Mayor Randels called on Ms. Kim McIntire, Executive Assistant to the City
Manager and Reindeer Run Race Director to make the presentations. Ms.
McIntire thanked the City staff, the Kiwanis Club, the Cape Canaveral Volunteer
Fire Department and the Canaveral Precinct for their volunteer participation. She
recognized Mr. Jim Monis of TechVest Inc, as the -3 -Star Corporate sponsor for a
donation of $1,500. Mr. Paul Maluccio of Blue Note Publications was recognized
for his publishing services to the event. Ms. Julie Song of Clear Channel Outdoor
was recognized for their advertising support. Mr. Craig Smith, representing
Coastal Fuels, was recognized for a $1,000 donation. Mr. Martin Greene of
Greene International, Inc. was recognized for a $1,000 donation. Mr. Mike Lowe
of Lite Rock 99.3 was acknowledged for their radio and event day emcee
sponsorship. Mr. Kohn Bennett accepted recognition for The Ron Jon Cape
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 2
Caribe Resort for its $1,000 donation. Mr. Jim Tuggle of Waste Management was
acknowledged for a $1,000 donation. Ms. McIntire informed that there were 261
runners and walkers for the event. She presented Mr. Rob Rains and Ms.
Suzanne Sparling of the Brevard County United Way a check for $8,801.14. Mr.
Rains expressed that the United Way goal was met in October 2004 and the
Reindeer Run check is the first one for the upcoming United Way campaign
season. Mr. Rains presented Ms. McIntire with a gift and a plaque for her Race
Coordinator efforts. Mayor Randels presented Ms. McIntire and Ms. Sparling with
flowers on behalf of the City for their joint efforts.
2004 Holiday Beautification Awards
Ms. Andrea Shaffner, Beautification Board member, presented Holiday
Beautification Awards in the Single Family, Multi -Family and Commercial
categories. The winners were: Residential Holiday Winner(s): Milton Patrick, 8001
Ridgewood Avenue and Mr. and Mrs. Blizzard, 106 E. Central Boulevard (two
winners were selected due to a tie in voting). Multi -Family Winner: Ocean Woods,
Ms. Lollis, 8737 Seagrape Court. Commercial Winner — Sheldon Cove, 8810
Astronaut Boulevard.
Certificates of Appreciation to Cape Caribe and Benko Construction, Fire
Chief Sargeant
Chief Sargeant explained how the Cape Caribe Resort and Benko Construction
supplied the necessary construction training equipment and made accommodations
for his staff trainers. Chief Sargeant presented acknowledgements to Mr. Maath
Bennett and Mr. John Grandlich on behalf of the Cape Canaveral Volunteer Fire
Department.
Marguerita Engel, Intergovernmental Coordinator, St. Johns River Water
Management District — Presentation of ceremonial check for the 2005
Stormwater Cost -Share Program.
Ms. Marguerita Engel informed that the legislative irrigation rule was postponed.
She then stated that Cape Canaveral was again chosen for a cost share program
check on behalf of the City's Stormwater Program in the amount of $31,000.
Mayor Randels explained that the City took an innovative approach in providing
stormwater treatment and he expressed his desire for the City to be first in
treating all of its stormwater.
Mayor Randels related how Johnson Controls World Services installed a water
retention system on its property for stormwater treatment.
CONSENT AGENDA:
1. City Council Regular Meeting Minutes of January 4, 2005.
2. Outdoor Permit for the Walk for Bibles, Sponsored by the Brevard Baptist
Association.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 3
Mayor Randels asked if any member of Council, staff or interested party desired
to remove any items from the Consent Agenda for discussion.
No request was made to remove any of the items for discussion.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to approve
Consent Agenda Items No. 1 and 2. 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.
CONSIDERATIONS:
3. Motion to Approve: Wastewater Treatment Improvement Project Change
Orders in the Amount of $25,866.18.
Mr. Gardulski stated that these were changes to the original bid proposal for
Wastewater Treatment Plant improvements. Mr. Gardulski stated that the previous
chlorine gas system was no longer in use and that the new bleach system is safer
for the community.
A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to
Approve the Wastewater Treatment Improvement Project Change Orders in
the Amount of $25,866.18. 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.
4. Motion to Approve: Proposal by Stottler, Stagg, and Associates for
Engineering Design and Inspection Services for the Reuse Line Extension
Project in the Amount of $9,500.
Mr. Gardulski explained that due to development on the previously vacant lots,
additional reuse lines were needed_ He informed that a decrease in cost would
amend the amount to $8,500. Mayor Randels clarified that this project would apply
to the 100 blocks of Monroe and Pierce Avenues.
A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Petsos to
Approve A Proposal by Stottler, Staff and Associates for Engineering Design
and Inspection Services for the Reuse Line Extension Project in the Amount
of $9,500. 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.
5. Motion to Approve: Proposal from Wiring Technologies for Reuse
Distribution Line Extension in the amount of $38,018.
Mayor Randels explained how this proposal would allow the City to use the firm that
is already mobilized for continued reuse line installation.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 4
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve
the Proposal from Wiring Technologies for Reuse Distribution Line Extension
in the Amount of $38,018. 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.
6. Motion to Approve: Design Build Proposal from Stottler, Stagg and
Associates to construct a Public Works Maintenance Building in the Amount
of $72,000.
Mayor Randels clarified that this is a budgeted item to design and build a
maintenance building at the Wastewater Treatment Plant. Mr. Gardulski responded
to Mr. Morgan that the building is 20 -feet by 36 -feet. Mayor Randels remarked that
the space did not seem adequate. Mr. Hans Saurenmann stated that $72,000 was
too costly for the size of the building. Mr. Nicholas remarked that the cost amounted
to $100 per square foot and he too expressed that the building was too costly. Mr.
Dennis Dills of Stottler, Stagg and Associates replied that the cost included design
and architectural fees as well as construction costs. He recalculated the cost at
approximately $65.00 per square foot minus those fees. Mayor Randels responded
to an audience question that the project was presented to the City's Engineering
firm for design/ build and was not put to bid. Mr. Gardulski stated that projects over
$200,000 were required to bid. Mr. Morgan questioned if there were any way to cap
the cost for this item. The motion would include that the amount will not exceed
$72,000.
A motion by made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve A Design Build Proposal from Stottler, Stagg and Associates to
Construct a Public Works Maintenance Building in An Amount Not to Exceed
$72,000 and If Any Cost Savings Found That They Be Remunerated to the
City and to Waive Any Permitting Fees. 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.
7. Motion to Approve: Extension of Deadline for Waiver of Permit Fees for
Hurricane -Damage Work to March 1, 2005.
Mayor Randels related how other Brevard County cities addressed their waiver of
permit fees due to hurricane related damage. Mr. Morgan expressed the need for
additional time and recommended April 1, 2005 as an extension date. Mr. Hans
Saurenmann expressed that the repairs in the City and the County would need one
year to complete since some people do not have adequate funding to make their
repairs. Mr. Morgan replied that the Council would not cease the waiver; however,
they could review it again when the item is presented in April.
A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to
Approve the Extension of Deadline for a Waiver of Permit Fees for Hurricane -
Damaged Work to April 5, 2005. The vote on the motion carried 4-0 with
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 5
voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Petsos, For
and Mayor Randels, For.
8. Motion to Approve: Voluntary Annexation Request for the Properties
Located at 432, 434, 436, 438, and 440 Grant Avenue.
Mr.Todd Peetz, City Planner, stated that Mr. Charles Hinkley of My Place Realty
submitted an application for a voluntary annexation. Mayor Randels stated that the
applicant met all of the City's requirements for annexation. Mayor Randels noted
that the City Clerk would be required to provide notice to the adjacent property
owners. Mr. Peetz explained that the annexation is contiguous on the north side of
the property. Mayor Randels noted that this annexation does require a change to
the City's Comprehensive Plan. Mr. Peetz affirmed that it would and he noted that
small-scale plan amendments are now considered a large-scale plan amendment
due to the density requirement of 15 -units to the acre.
Attorney Garganese clarified that the City is allowed two cycles per year for
Comprehensive Plan amendments, not two plan amendments per year. Chief Dave
Sargeant replied that the proposed annexation would make minimal difference for
fire and emergency services; however, this annexation would impact law
enforcement. Mr. Leo Nicholas inquired about the cost of this annexation to the
City. Mr. Peetz replied that there are costs involved in advertising, notifying the
County Commission and for his planning services. Mr. Petsos expressed his
concern with annexing in property that utilizes the Cocoa Beach sewer services.
Mr. Morgan stated that more information was needed_
Mayor Randels recounted some of the concerns: cost requirements, impact of
services and that this annexation would require a Comprehensive Plan
amendment. Mr. Hinkley replied that he could work with staff on the concerns that
the Council presented. Mr. Hans Saurenmann stated that he did not foresee a
reason for the City to annex in the small 1.3 acres and he said that the City should
approach the neighbors on the east and west sides to discover if they were
amenable to annexation as well. Mayor Pro Tem Hoog replied that the City could
not petition for an annexation for another two years. The item was referred to the
staff for further review.
No Council Action Was Taken.
ORDINANCES: First Reading:
9. Motion to Approve: Ordinance No. 01-2005; Repealing In Its Entirety Chapter
40, Article 11, Human Rights, at first reading.
Mayor Randels read the Ordinance by title.
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA, REPEALING IN ITS ENTIRETY CHAPTER 40, ARTICLE 11, HUMAN
RIGHTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 6
ORDINANCES AND RESOLUTIONS, SEVERABILITY, INCORPORATION INTO
THE CODE, AND AN EFFECTIVE DATE.
Attorney Garganese stated that during a previous Code Review Workshop the
Human Rights Code was identified for change since the Code provision is
regulated under Federal and State laws. He said that the provision might have been
included to regulate Adult Entertainment operations. Attorney Garganese advised
that the Council consider repealing the law from the City's code. Mr. Hans
Saurenmann stated that the Declaration of Human Rights has nothing to do with
City government and he stated that this law should not be included in the City code.
A motion was made by Mr. Petsos and seconded by Mr. Morgan to Approve
Ordinance No. 01-2005; Repealing In Its Entirety Chapter 40, Article II, Human
Rights 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.
DISCUSSION:
10. County -Wide Emerging Emergency Medical Service Issues, Fire Chief
Sargeant.
Chief Dave Sargeant distributed a letter from Mayor Ron Swank of Titusville. Chief
Sargeant referred to an E-mail regarding the City of Palm Bay's desire to provide its
own emergency medical service. He stated that if the City of Palm Bay acquired its
own emergency medical service, this would impact the cost of ambulance service
for the City of Cape Canaveral. Chief Sargeant informed that the City of Palm Bay
is challenging that a business pays one lump sum; however, multi -family dwellings
are charged individually. He stated that $1.6 million would be removed from county
funding if Palm Bay leaves the service system. Chief Sargeant pointed out that
there are unanswered questions that should be legislatively watched due to their
impact to the City. Chief Sargeant recommended that the Council forward a letter
similar to the one he distributed to the City of Palm Bay to obtain answers on the
impact of its departure from the emergency services system. Council directed the
City manager to forward a letter to the City of Palm Bay.
11. Police Service Issues, Commander Scragg.
Commander Doug Scragg addressed the Council and spoke on the City's narcotics
issues and expressed his intent to gain control of the situation. He stated that he
planned to distribute a Quality of Service Survey at random to residents to acquire
feedback on the department's success rate. Commander Scragg also identified
traffic as an ongoing problem and related how the department would issue more
infractions for quality of life enhancement. Commander Scragg expressed his belief
in the Community Policing Program as an avenue for interfacing with the public. He
planned to continue the many youth directed programs that service the community.
He reported that on Saturday, March 5th at 11:00 A.M., the Department would
participate in the Manatee Sanctuary Park Grand Opening. Mr. Sean Schaffner
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 7
asked if the staff would remain the same with the only change being the
Commander and the Lieutenant. Commander Scragg replied that productivity is the
performance measure to remain at the Precinct. Mayor Pro Tem Hoog asked about
the K-9 drug dog? Commander Scragg replied that the officer designated to the K-9
unit had both supervisory and K-9 unit duties. He stated that he preferred that the
dog address the one purpose of narcotics. Mr. Boucher commented on the Driving
under the Influence infractions addressed within the past two weeks and said that
Commander McGee established a legacy that Commander Scragg plans to
continue.
RESOLUTION:
12. Motion to Adopt: Resolution No. 2005-04: Authorizing the Mayor and the City
Clerk to Execute the Final Re -Plat for Oceans Gardens — Wave Four, James E.
Morgan, Applicant.
Mayor Randels read Resolution No. 2005-04 by Title.
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY,
FLORIDA; APPROVING THE FINAL RE -PLAT OF "OCEAN GARDENS — WAVE
FOUR"; AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE
PLAT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Jim Morgan disclosed his voting conflict on the item. Mayor Pro Tem Hoog also
expressed a voting conflict with the item. Attorney Garganese stated that due to
a lack of a quorum to vote on the item, it would be tabled until the next
scheduled City Council meeting.
EMERGENCY ORDINANCE:
13. Motion to Adopt: Ordinance No. 02-2005: Imposing a 60 -Day Moratorium on
Issuing Land Clearing Permits in the City.
Mayor Randels read the Ordinance by title.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA IMPOSING A 60 DAY MORATORIUM ON ISSUING LAND CLEARING
PERMITS IN THE CITY OF CAPE CANAVERAL, FLORIDA; INSTRUCTING THE
PLANNING & ZONING BOARD TO REVIEW THE LAND CLEARING
PROVISIONS IN THE CITY CODE FOR REVISION AND RECOMMENDATION
TO THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Randels explained that the City Council, the Planning and Zoning Board and
the Beautification Board met in a Code Review Workshop Meeting on January 13,
2005 and discussed this item. Mayor Randels explained further that under the
existing ordinance, a developer is allowed to clear land within 10 -feet of the
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 8
proposed structure. He stated that the developer was within the rights of the
ordinance to clear land that included hardwood trees. He informed that the Planning
and Zoning Board would review the vegetation ordinance and submit
recommendations to the Council. Mayor Randels stated that the Criteria for Tree
Removal and Tree Replacement were the items of concern. He summarized that
replacement trees did not fairly compare in the existing ordinance, also, there was
no flexibility for adjustments to the site plan footprint in order to preserve trees.
Attorney Garganese stated for the record that the Statute was not clear on whether
it is two-thirds of the governing body or two-thirds of the Council present that is
required to vote on an Emergency Ordinance. Attorney Garganese replied to Mr.
Morgan that if any developer has a permit to a site plan that has been approved,
then, this moratorium would not affect their construction. Mr. Morgan asked if
previous approval would vest a site plan. Attorney Garganese affirmed.
Attorney Garganese stated that two issues apply: 1) if the permit is in hand and
construction has begun, then construction would Proceed, and 2) if some form of
application was submitted prior to the January 13 h meeting, then that application
would proceed. Mr. Morgan inquired if flexibility would be given in adjusting the site
plan in order to preserve trees. Mr. Morley stated that the first time the building
department hears of an application is at the preliminary site plan review. Mr. Morley
pointed out that there were some developers that might want to address their
issues at this meeting. Mayor Randels expressed that the Council's intent is to save
hardwood trees through preservation during development. Discussion followed on
how to address tree removal and tree mitigation. Mr. Morgan asked the City
Attorney if a Planned Urban Development could be applied. Attorney Garganese
said that a case-by-case basis would better address the applicant's needs. He also
stated that the Council could provide the Planning and Zoning Board with
authorization to make decisions that would provide flexibility. Mr. Morgan pointed
out that mitigation could be addressed during the application process.
Mayor Randels read the intent of the Land Clearing Code Section from Section
102.39. He stated that the City has a provision that describes six exclusions. Mr.
Roger Combs addressed the Council and stated that he is working on the property
on the west side of Al A noted as the Porter property. He expressed that there
would be a significant impact with a proposed ordinance change. Mayor Randels
inquired about overlaying the tree surrey onto his site plan in order to identify
prospective trees for preservation. Mr. Combs stated that his company made every
effort to abide by the City ordinance as well as community concerns and he still has
to work with the constraints of R-3 zoning. Attorney Garganese replied that Mr.
Combs did not have a permit in hand nor did he have a pending formal pre -
application meeting. Council made it clear that their intent is to establish more
definitive guidelines on tree removal and tree mitigation. Mr. Combs inquired if he
would be working under the existing code. Mr. Combs addressed a reasonable
timeframe in order to submit his application. Mr. Hans Saurenmann asked if this
land clearing applied to private property owners as well. He said that the Council
should grandfather in property owners in order to protect their rights to land
development. Mayor Randels replied that Code section 102.40 states that
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 9
residential property is exempted. Mr. Morgan recognized that Mr. Saurenmann
might have concerns over notification regarding the ordinance.
Mr. Roger Dobson, representing the Marriott Residence Inn, stated that there were
no hardwoods present on his prospective property. He stated that if the Emergency
Ordinance were passed as written, then he would have imposed 60 -Days in order
to take action. Mayor Randels replied that due to the Residence Inn's level in the
application process, the moratorium would not apply to his project. Attorney
Garganese stated that the moratorium applied to land clearing and the moratorium
was not intended to affect those that have begun any part of the site plan process.
He related some verbiage that would provide more definitive language for the
moratorium. Mr. Morley stated that he would provide a date for the last site plan
application in the process. Attorney Garganese replied to Mayor Randels that the
emergency nature of the ordinance required no second reading.
The Chair called for a motion at 10:07 P.M. to Extend the Meeting. A motion
was made by Mr. Petsos and seconded by Mr. Morgan to Extend the Meeting
Time to 10:30 P.M. The motion carried unanimously 4-0.
Attorney Garganese stated that the City could consider on a case-by-case basis,
limited waivers to project development during the moratorium and code review
process. Attorney Garganese explained that if a waiver were granted, the developer
might be encouraged to protect trees in an effort to gain adjustments on the
property foot print. Mr. Lamar Russell, Planning and Zoning Board, stated that
during the moratorium the Board would address mitigation. However, he asked that
City staff provide verification that the site plan is vested. Mr. Russell pointed out that
negotiations on changes that are not yet codified prove difficult for Board decisions.
Council decided that the Board would need to make certain judgment calls. Mr.
Martin Greene suggested that an overlay of the topography plan be provided at the
Community Appearance Board level. Attorney Garganese said that the Community
Appearance Board addresses plans primarily from an aesthetic perspective.
Discussion continued on the Board review process and Council members stated
their favor with Planning and Zoning Board review only. A resident inquired if a
traffic study were done and also asked if the City's sewer capacity could handle the
new development? Mayor Randels responded that Luke Transportation
Engineering conducted the traffic study and the City's sewer plant was built for
maximum capacity.
A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve
Ordinance No. 02-2005 with Amendments and to Remove Its Emergency
Reference 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.
Due to the lateness of the hour, no reports were provided, however, the Council
asked if anyone in the audience desired to be heard.
City of Cape Canaveral, Florida
City Council Regular Meeting
January 18, 2005
Page 10
AUDIENCE TO BE HEARD:
• A resident inquired about the City's intent to remove and possibly extinguish the peacock
population. Mr. Hans Saurenmann stated that there are statistics that would prove a
diminishing peacock population. Mr. Boucher responded that on January 4"' he was
directed to formulate a plan to thin out the peacock population. He stated that he contacted
Ms. Helen Filkins to notify interested residents and he also sought information on how to
remove or relocate some of the existing peacocks to local farms. Mr. Hans Saurenmann, as
a concerned citizen, requested a specific date and time on the Council Agenda to discuss
the peacock matter.
ADJOURNMENT:
There being no further business, the Chair adjourned the meeting at 10:30 P.M.
Rocky Randels, MAYOR
Susan Stills, CITY CLERK
Meeting Type: Regular
Meeting Date: 02/01/05
AGENDA
Heading
Consent
Item
2
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE MANATEE
SANCTUARY PARK DEDICATION
DEPT./DIVISION: PARKS & RECREATION
Requested Action:
City Council consider the approval of the outdoor entertainment permit for the Manatee Sanctuary Park
Dedication scheduled for 03/05/05 as requested by the Parks and Recreation Director.
Summary Explanation & Background:
See Attached.
recommend approval.
Exhibits Attached:
Parks and Recreation Director's memo of 01/24/05 and Outdoor Permit Application
City Managor"ffice ;'
Department
-
Parks & Recreation
ca ydoc ments\ council\meeting\2005\02-01-05\manatee.doc
CITY OF CAPE CANAVERAL
Parks & Recreation Department
7300 North Atlantic Avenue, P.O. Box 326
Cape Canaveral, Florida 32920
(321) 868-1227
email: parknreckearthlink. net
TO: Mayor & Council Members
FROM: Nancy Hanson, Director, Parks & Recreation Director,,'/
DATE: January 24, 2005
RE: Manatee Sanctuary Park Dedication/Community Celebration
Please mark your calendar for March 51h, 11:00 a.m. for the Manatee Sanctuary Park Dedication/Community
Celebration.
Plans include, but are not limited to: A D.J., Moon Walk, FREE hot dogs, sodas & popcorn (am looking for
volunteers to cook), clowns (doing face painting, balloon sculpting, etc.) and a magician. The Sheriff's
Department will be there with equipment; (they haven't told me exactly what yet) probably canine dog
demonstration, helicopter, etc. and our Fire Department will be on site also.
The Mother Ocean Foundation and Save the Manatee organization will have information tables set up. They
have lots of good handouts and activity books for children.
I am hoping that the Community Celebration will be an event that could be an annual event!
CITY OF CAPE CANAVERAL, FLORIDA
APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT
Pem-dt- io.
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: N oN r v u n N S n N Title: RFC D E n T- l O N 9 1 E G :F GR
-N�--.-. ro
Firm:
Address: 7300 N Atlanti r A\/P P 0 Box 326
Cape Canaveral, Florida 32A?n
Telephone: 8 6 8 -12 2 7 FAX: same
Local Contact: same as above Title:
Local Address (if different from above)
Type of Event:
Event Date(s) in Cape Canaveral: M a r c h 5 2 0 0 5
Location(s):
Date(s) Time
701 Thurm Rlvd m.
N
Attach map(s) indicating event area and desi-gnated parking areas.
QTraffic Control ❑Use of Police/Fire Rescue Equipment
❑Street Closing ❑Vehicles/Equipment on Beach
[]Other X®Vehicle Parking on City Property
By signing this application, the applicant acknowledges and agrees to the following provisions:
TNSURANCE
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 0,000.00 dart age or injury to any one
530
person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than
5500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus
550,000.00 for damages to property. The original or duplicate of such policy shall be attached to the
application for a special outdoor entertainment permit, together with adequate evidence that the premiums
are paid.
Name of Insurance Co: Policy No:
Expiration Date:
II. PROMOTIONAL AUTHORIZATION
Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation
purposes and other media related purposes.
III. EYPENSESIFEES
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.
N. EYENrPnONS
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.
v
Date
Applicant or R presentativelTitle
Approved by City of Cape Canaveral:
City Representative's Name:
Title:
Signature:
Applicants shall keep a copy of this approved permit and attachments on the day of the event within the
City of Cape Canaveral.
For further information, please contact: City of Cape Canaveral
Bennett C. Boucher, Cityivfanager
105 Polk Avenue
Cape Canaveral, FL 32930
Phone: (407) 868-1230
Fax: (307) 799-3170
Meeting Type: Regular
Meeting Date: 02/01/05
AGENDA
Heading
Consent
Rem
3
No.
Public Works Director Memo dated 01/24/05 and contract.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSENT: RENEWAL OF INMATE LABOR CONTRACT WITH THE FLORIDA
DEPARTMENT OF CORRECTIONS
DEPT./DIVISION: PUBLIC WORKS/BEAUTIFICATION
Requested Action:
City Council consider the renewal of the inmate labor contract with the Florida Department of
Corrections in the Amount of $50,307.95 as recommended by the Public Works Director.
Summary Explanation & Background:
This is a budgeted item, and I recommend approval.
Exhibits Attached:
Public Works Director Memo dated 01/24/05 and contract.
City Managef--*.-,Office
Department
PUBLIC WORKS/BEAUTIFICATION
cap mydoca unci)\mee ing\2005\02-01-05\inmate.doc
MEMORANDUM
TO: Bennett C. Boucher
City Manager
FROM: Ed Gardulski
Public Works Director
DATE: January 24, 2005
SUBJECT: City Council Agenda Item for February 0 2005
Department of Correction Agreement Renewal
Last year, the City of Cape Canaveral had an opportunity to enter into an agreement to
utilize an inmate crew to ensure the availability of the work squad. Historically, the Public
Works Department has utilized inmate crew when they are available. At a time of need, the
inmate crew was not always available due to other commitments. As a cost saving endeavor,
staff was able to establish an Agreement with the Department of Correction for a work squad.
This agreement between the City and the Department of Correction will establish a Correction
Works Squad Officer and a Work Squad of up to eight inmates. This Contract increases the
resources of the City and establishes productive inmates for the State of Florida, hence a Win —
Win Agreement.
The cost of this annual agreement is for the Correction Officer in the amount of
$50,307.95. In addition, the City supplied a 12 passenger Van. Funds are budgeted for this
endeavor.
Recommend the approval of the Contract renewal between the Florida Department of
Correction and the City of Cape Canaveral.
Attachment
CC: File
WS 141
Amendment # 1
CONTRACT AMENDMENT BETWEEN
THE DEPARTMENT OF CORRECTIONS
CITY OF CAPE CANAVERAL
This is an Amendment to the Contract between the Florida Department of Corrections
("Department') and City of Cape Canaveral ("Contractor") to provide for the use of inmate labor in
work programs.
This Amendment:
• renews the Contract for one (1) year pursuant to Section I., B., Contract Renewal;
• revises the end date of the Contract referenced in Section I., A., Contract Term;
• revises Section II., B., 1., Responsibilities of the Department, (paragraph i.);
• revises Section IV., A., Department's Contract Manager, (last sentence);
• revises Section IV., B., Department's Contract Administrator, (bureau name); and
• replaces Addendum A with Revised Addendum A to update costs associated with the
work squad.
Original contract period: March 12, 2004 through March 11, 2005
In accordance with Section V., Contract Modifications; the following changes are hereby made:
1. Section I., A., Contract Term, is hereby revised to read:
A. This Contract began March 12, 2004 and shall end at midnight on March 11, 2006.
This Contract is in its first renewal year.
2. Section II., B., 1., Responsibilities of the Department, (paragraph i.), is hereby revised to read:
i. The Department shall be responsible for administering all disciplinary action taken
against an inmate for infractions committed while performing work under this
Contract.
Pagel of 3
WS 141
Amendment 4 1
3. Section IV., A., Department's Contract Manager, (last sentence), is hereby revised to read:
A. The position, address and telephone number of the Department's Contract Manager
for this Contract is:
Warden
Brevard Correctional Institution & Work Camp
885 Camp Road
Cocoa, Florida 32927-3709
Telephone: (321) 634-6010 or (321) 634-6134
4. Section IV., B., Department's Contract Administrator, (bureau name), is hereby revised to read:
B. The Chief, Bureau of Procurement & Supply is designated Contract Administrator
for the Department and is, responsible for maintaining a Contract file on this
Contract service and will serve as a liaison with the Contract Manager for the
Department. The name, address and telephone number of the Department's
Contract Administrator for this Contract is:
Lisa M. Bassett, Chief
Bureau of Procurement and Supply
Florida Department of Corrections
2601 Blair Stone Road
Tallahassee, Florida 32399-2500
Telephone: (850) 410-4091
5. Pursuant to Section III., Compensation, A., 5, the rate of compensation is amended to reflect the
rates indicated in Revised Addendum A. Addendum A is hereby replaced with Revised
Addendum A.
All other terms and conditions of the original Contract remain in full force and effect.
This Amendment shall begin on the date on which it is signed by both parties.
Page 2 of 3
WS 141
Amendment # I
IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by their
undersigned officials as duly authorized.
CONTRACTOR:
CITY OF CAPE CANAVERAL
SIGNED
BY: 44,110,
NAME: Ed Gardulski
TITLE: Director of Public works
DATE: 1/7/05
FEID #: 59-0974636
DEPARTMENT OF CORRECTIONS
SIGNED
BY:
NAME: James V. Crosby, Jr.
TITLE: Secretary
Department of Corrections
DATE:
SIGNED
BY:
NAME: Louis A. Vargas
TITLE: General Counsel
Department of Corrections
DATE: f 01? 6
Page 3 of 3
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Meeting Type: Regular
Meeting Date 02-01-05
AGENDA
Heading
Considerations
item
4
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: CONSIDERATION: MUTUAL AID AGREEMENT WITH THE BREVARD COUNTY
SHERIFF'S DEPARTMENT
DEPT./DIVISION: PUBLIC SAFETY/POLICE
Requested Action:
City Council consider the approval of a mutual aid agreement with the Brevard County Sheriffs Department as
recommended by Commander Scragg.
Summary Explanation & Background:
See attached.
I recommend approval.
Exhibits Attached:
Mutual Aid Agreement
City Manag's-Qffice
Department PUBLIC SAFETY/POLICE
ca im\m d en. dmin\counc -meeting\2005\02-01-05\aid
rem
MUTUAL AID AGREEMENT
THIS AGREEMENT dated this day of _ , 2005, made by and between
J. R. "Jack" Parker, in his capacity as Sheriff of Brevard County, Florida, The School Board of
Brevard County, Florida, the Melbourne Airport Authority, and each of the participating
municipalities of Brevard County, Florida. The parties to this Agreement may sometimes individually
be referred to herein as an "agency" or a "party".
WHEREAS, Florida Statute Section 23.1225, authorizes jurisdictions to enter into mutual aid
agreements; and
WHEREAS, the parties hereto desire an expansive mutual aid relationship as authorized by
this Statute.
NOW, THEREFORE, in consideration of the promises stated herein, the parties agree as
follows:
1. Time Limit. This Agreement shall commence upon execution and shall expire at
12:00 midnight on the 5th day of January, 2009. Provided, however, that any party
may withdraw from this Agreement by providing thirty (30) days advance written
notice to all other parties and to the Florida Department of Law Enforcement, in
which case the withdrawing party's rights and obligations hereunder shall terminate.
The foregoing notwithstanding, the obligations and rights of indemnity pursuant to
Paragraph 3 of this Agreement shall survive the termination of this Agreement or the
withdrawal from this Agreement by any party.
2. Nature of Law Enforcement Assistance. Law enforcement assistance may be
provided by law enforcement officers ("officers"} of any party to this Agreement (and
they are hereby requested to provide such assistance) in the jurisdiction of any patty
to this Agreement under the circumstances described below in which case any such
officer shall have all powers, privileges and immunities as authorized in Florida.
Statute Section 23.127 (1993), as amended from time to time or any corresponding
provisions of law:
a. Investigations Offside Jurisdiction. When an investigation involving a crime,
ordinance violation or traffic infraction, which occurs within the investigating
agency's jurisdiction, may be facilitated by the conduct of law enforcement
activities such as, but not by way of limitation, interviewing witnesses,
interviewing suspects, executing search warrants, executing arrest warrants,
collecting evidence, conducting surveillance or apprehending offenders, outside
the jurisdictional area of the investigating agency, then such investigating agency
may enter into the jurisdictional area of another parry for these purposes.
The procedure for so doing shall be that the officer from the investigating
agency who intends to enter the jurisdictional area of another agency shall give
notice to such other agency of his or her intent to do so, the location in the other
agency's jurisdictional area where the investigation or other law enforcermnt
activity will take place, the nature of the investigation or other law enforcement
activity and the identity of the officer who is in charge of the investigation or
other law enforcement activity. if prior notice cannot be given due to the
circumstances, notice shall be given as soon as reasonably possible. Likewise,
upon concluding the investigatory or other law enforcement activities in the other
agency's jurisdictional area, the officer in charge shall notify the other agency That
the investigation or other law enforcement activity has concluded. The failun of
an officer to follow these procedures shall not, however, invalidate the officer's
C:\DWLM UM AND SET13NGSTRAREN.VIELKWYDOC[]MENISICON PLACTS%RJTUALAIDAGREEMEN 2005 7OM FINALDOCpage 2 of 30 1/17P2005 1117 AM
exercise of law enforcement authority in such other agency's jurisdictional area,
any arrests that occurred, any searches that occurred or otherwise affect the
validity of any law enforcement action taken.
b. Pursuits. An officer may pursue into any other agency's jurisdiction a criminal
offender, traffic violator or municipal or county ordinance violator who
committed any offense or violation within the jurisdiction ofthe officer's agency,
and, upon apprehension of such offender or violator, may take appropriate
enforcement action, including arresting the offender for violations of the criminal
law or ordinance, issuing traffic citations, seizing property or contraband and
making searches incidental to arrest. The officer may charge the offender with
violations of the law or infractions that occurred during the pursuit, even if such
violations occurred outside the jurisdictional area of the officer's agency. The
authority granted hereunder is in addition to that which is contained in Florida
Statute Section 901.25, as amended from time to time or any corresponding
provisions of law. As used herein, the term "pursuit," shall not be limited to
"fresh pursuits," but shall include all attempts to apprehend an offender/violator
traveling from one agency's jurisdictional area to another's agency's jurisdictional
area.
The procedure to be utilized shall be that, when practical, the pursuing
officer shall notify the communications center of the agency in whose
jurisdictional area the pursuit is taking place, as to the location of the pursuit u3d
nature of the pursuit. Failure to follow these procedures, however, shall aot
invalidate the officer's exercise of law enforcement authority, any arrests shat
C. DOC[AA2NIS APID SErrDW79W-AREN•Vfp1J MYDOCL&924TSNCON OLACTSMMALAIDAGRE04ENn0O5_2OMFINAL.DOCpap 3 of3O I/IZ2 5 1117 AM
occur, any searches that occur or otherwise affect the validity of any law
enforcement action taken.
a. Emergencies. Any on -duty officer of one agency who is in or near the
jurisdictional area of another agency and therein observes an emergency situation,
including, but not limited to, a vehicular accident, pedestrian accident, boating
accident, drowning, person in need of emergency first aid, a breach of the peace,
or otherwise, may intervene and assist for the purpose of preserving life, limb and
property until such time as the other jurisdiction arrives. While so doing, the
officer shall have the power to make any and all arrests and otherwise act with full
authority as a law enforcement officer in the jurisdictional area of the other
agency. The procedure to be followed in that notice shall be made to the affected
agency in whose jurisdictional area the activity has occurred or is occurring as
soon as reasonably possible, and, upon the arrival of an officer of the affected
agency, such officer shall take command of the emergency. In addition, upon
arrival of the affected agency's officer, such officer shall take custody of aay
arrestee, and collect evidence, fiuits of any crime, instrumentalities of any crime,
and safeguard any property. Failure to follow these procedures shall not
invalidate the officer's exercise of law enforcement authority, any arrests that
occur, any searches that occur or otherwise affect the validity of any k"%v
enforcement action taken.
d. Arrests Outside Jurisdiction. Any on -duty officer in whose presence is
committed one or more of the following offenses: DUI; breach of the peace;
aggravated abuse of an elderly person or disabled adult; aggravated child abuse;
C:IDMUMHNn&-MSffrrMST-UEN.VaRX 1y2009FINALDMpage4of30 ll1Z/2065 1127 AM
aggravated stalking; aircraft piracy; arson; assault; battery; burglary; carjacking;
criminal mischief, escape; false imprisonment; felony that is an act ofterrorism or
in furtherance of an act of terrorism; home -invasion robbery; kidnapping;
manslaughter; murder of another human being; resisting a law enforcement officer
with violence to his or her person; retail theft; robbery; sexual battery; theft;
unlawful throwing, placing or discharging a destructive device or bomb; willful
and wanton reckless driving; or, felony violations of Chapter 893, Florida
Statutes, in the jurisdictional area of another agency, may affect the arrest of such
offender and detain such offender until an officer of that other agency arrives, in
which case the arrestee and all evidence shall be provided to the officer of such
other agency in whose jurisdictional area the arrest occurred, who shall conclude
the investigation, take custody of the arrestee, evidence, fruits of the crime,
instrumentalities of the crime and secure all property of the arrestee.
e. Ofd Duty Activities. An officer of one agency may, while off duty and in the
jurisdictional area of another agency, arrest offenders who commit in their
presence any of the following offenses: DUI; breach of the peace; aggravated
abuse of an elderly person or disabled adult; aggravated child abuse; aggravated
stalking; aircraft piracy; arson; assault; battery; burglary, carjacking; criminal
mischief, escape; false imprisonment; felony that is an act of terrorism or in
furtherance of an act of terrorism; home -invasion robbery; kidnapping;
manslaughter; murder of another human being; resisting a law enforcement officer
with violence to his or her person; retail theft; robbery; sexual battery; theft;
unlawful throwing, placing or discharging a destructive device or bomb; willful
C:)DOCUMENTS AND SErM4GSU ARFN.WELKWYDOCUhUMMCON SLACTS%MU1t1ALAIDACREMAM472005_2009 FINAL.DOCpav 5 of 3O 1/12r4M 112) AM
and wanton reckless driving; or, felony violations of Chapter 893, Florida
Statutes. An officer making an off-duty arrest outside of the jurisdictional area of
their agency pursuant to this Agreement shall follow the procedures adopted by
their agency for off-duty arrests. In addition to those procedures adopted by
officer's agency, an officer shall comply with the following additional procedures:
1) As soon as is practical after the subject has been arrested, the officer shall
notify the agency in whose jurisdictional area the arrest occurred, at which
time such agency shall assume responsibility for the arrestee, physical
evidence relating to the arrest, fruits of the crime, instrumentalities of the
crime, and shall secure the property of the arrestee pursuant to its own
policies and procedures; and
2) The arresting officer and , an officer from the agency in whose
jurisdictional area the arrest occurred shall complete such reports,
property receipts and other documents as are required by their
respective agencies.
No deviation from any procedure outlined above shall invalidate an
arrest, affect the law enforcement authority conferred upon any officer
pursuant to this Agreement, or invalidate any other law enforcement
action.
f. Requested Assistance. At any time, an officer of any agency may request the
assistance of an off-duty or on -duty officer of another agency. The request may
be made for assistance due to emergencies, such as civil disturbances, "officer in
trouble" calls, accidents, incidents wherein life, limb or property is in peril,
C:NDOCUUMn AND MrMMSTKARM WELKW tDOCUNUMWONIRACTS\WntLAIAMAGREB&D n2M 4M FINALDMpap 6 of 3O 1/12=0 1117 AM
catastrophes, or any other emergency, or for routine, non -emergency matters,
such as requests that routine calls for law enforcement service be covered by the
assisting agency while the requesting agency's officers are busy handling more
serious calls for service, or any other non -emergency request for assistance. The
procedure for requesting and authorizing such assistance is as follows: the
requesting agency shall direct its request to the communications center of the
assisting agency. The shift commander or other responsible officer of the assisting
agency, shall determine whether or not the assisting agency can provide the
requested assistance and who from the assisting agency shall render such
assistance. The officer from the assisting agency may render such assistance as
requested under the command of the requesting agency.
g. Temporary Personnel Assignment. Any agency who is a party to this
Agreement may request an inter -jurisdiction loan of personnel on a temporary
basis for the purpose of assisting the requesting agency with specific objectives.
For example, but not by way of limitation, one agency may borrow personnel
from another agency to act in an undercover capacity within the requesting
agency's jurisdiction. Such personnel loans may also be utilized for traffic and
crowd control during special events, criminal investigations wherein specialized
expertise is needed, to establish a task force to investigate organized criminal
activity affecting the jurisdictional area of more than one agency, or for any other
lawful purpose. During such temporary assignment, the requesting agency shall
have command responsibility for the assisting officer. The procedure for
requesting this type of assistance shall be as follows:
C'MOCUMEM AND SEP17NGMAREN.VAaXVd7t 2009FINAL.DOCpap7of30 1/IZ2005 11:27AM
The requesting agency shall direct its request, preferably in writing, to the
Chief of Police, Sherr or agency head of the agency from whom the requesting
agency is requesting assistance. That agency head of the assisting agency shall
determine if the assisting agency is able to fulfill the request. The agency
requesting assistance shall have command responsibility for all personnel
transferred pursuant to this Subparagraph 2.g. The requesting agency and the
assisting agency may, by contract, make provision for such issues as the amount
of compensation that the requesting agency will pay the assisting agency, if any,
for use of the assisting agency's personnel. In the absence of any agreement on
this issue, the assisting agency shall pay the compensation and other benefits for
its own personnel while they are assigned to the requesting agency. The
agreement between the requesting agency and the assisting agency may also
provide for the distribution of forfeited currency or property. In the absence of an
agreement to the contrary, the requesting agency shall retain all such forfeitures.
The requesting agency and the assisting agency may make any other valid
agreement not inconsistent with the provisions of this Agreement.
h. School Safety Officers. In addition to the rights and powers granted elsewhere in
this Agreement, all of which are cumulative with this Subparagraph 2.h, School
Board officers are hereby authorized to enforce any and all laws in an area within
1,000 feet ofa school or school board property, irrespective of whether such area
lies within the Jurisdictional area of the School Board. Upon a School Board
officer taking any enforcement action outside of the jurisdictional area of the
School Board pursuant to this Subparagraph 21, such School Board officers shall
C:\DOCUMENTS ANDSEMNGMARENNECD3" 2009FINAL.DMpage8of30 1/12/2005 1127 AM
proceed as ifthe enforcement action occurred within the jurisdictional area ofthe
School Board, including following policies and procedures ofthe School Board of
Brevard County, who shall retain command responsibility over all actions taken
pursuant to this Subparagraph 2.h. A copy of the incident report shall be
fiunished to the agency in whose jurisdictional area the School Board officers
have taken such enforcement action.
3. Indemnification. Under all of the circumstances enumerated hereinabove in
Subparagraphs 2.a through 21, each jurisdiction shall have responsibility for any
losses, damages or claims arising from the acts or omissions of its own employees,
whether such acts or omissions occur within or without its jurisdiction. Furthermore,
each jurisdiction shall indemnify and hold all other jurisdictions harmless for any
losses, damages or claims (including, without limitation, attorneys' fees and costs
incurred in defense of any such claims) arising from the acts or omissions of its
officers while such officers are engaged in activities outside their jurisdictions. In the
event that any injury or loss is caused, in part, by the officer(s) of one jurisdiction and,
in part, by the officer(s) of another jurisdiction, while any officers are acting outside of
their jurisdiction, then each jurisdiction shall bear responsibility based on the
percentage of its liability as determined by settlement or as finally adjudicated in a
court of law. The provisions of this Paragraph 3 are not intended to, nor shall they
operate to affect the rights, privileges and immunities of the parties pursuant to the
provisions of Section 768.28(5) of Florida Statutes (2003), as amended from time to
time or any corresponding provisions of law.
CIDOCUhWMAND SETnNGSWARM.WELRWY2009FINALDOCpap9of30 1/122005 1127AM
4. Interpretation. This Agreement is intended to provide broad extra jurisdictional
authority to the officers who are employed by the parties hereto. Any deviation from
policies or procedures in attempting to exercise extraterritorial jurisdiction by any
officer shall not affect the validity of any arrest or other law enforcement action taken
pursuant to this Agreement. It is the express intent of the parties that the policies and
procedures described herein and in the internal policies of each agency are for the
administrative direction of their officers, not intended to limit the exercise of
jurisdiction pursuant to this Agreement.
5. Deputized OfcemIndemnin. To the extent that any officers of any of the
jurisdictions a party hereto have been deputized by the Sheriff, and to the extent that
any of these officers act outside of their employing agency's jurisdiction, the
indemnity provisions contained in this agreement shall apply to any acts or omissions
of such officers while they act outside their jurisdiction, irrespective of the fact that
such officers are sworn deputy sheriffs.
6. Command Responsibility. Except for the circumstances described in Subparagraphs
21, 2.g and 2.h hereinabove, command responsibility shall be determined as follows:
a. When an officer is acting outside of the jurisdictional area of such officer's agency
pursuant to this Agreement, such officer's agency shall have command
responsibility over the officer's actions, until such time as command responsibility
is transferred to another agency pursuant hereto.
b. When an arrest is made by an officer acting outside of the jurisdictional area of
such officer's agency pursuant to this Agreement for criminal activities that
occurred outside of the jurisdictional area of such officer's agency, then, upon
CADOCt&MDM AND SEYnNGS\KARFN.WFd7QMY DOCL&O NMCONTRACTSVM[T1tJAL.AIDAGRffiNEN'12W5_M FINAL.DOCpage 10 of 9O 111=005 11:27 AM
arrival of an officer from the agency in whose jurisdictional area the crime
occurred, that officer shall assume, thereafter, command responsibility for the
arrestee, property, and criminal investigation.
c. When an officer of one agency enters the jurisdictional area of another agency for
the purpose of continuing a criminal investigation, or pursuing a subject, arising
from an offense that occurred within the jurisdictional area of such officer's
agency, such officer's agency shall retain command responsibility for such officer.
d. The foregoing notwithstanding, should an emergency arise while an officer is
acting outside of the jurisdictional area of such officer's agency, such as injury to
the officer, a hostage situation, a barricaded suspect, or any other emergency, the
shift commander of the agency in whose jurisdictional area the emergency is
occurring shall, upon arrival, have command responsibility for the emergency and
all officers at the scene of the emergency until the emergency is resolved. The
determination of when an emergency exists shall be within the discretion of the
shift commander for the agency in whose jurisdictional area the emergency
occurs.
7. & Third Party Senericiaries. This Agreement is for the benefit of the parties who
are signatories hereto, and their officers, employees and agents. No other individual
or entity is intended to benefit hereby.
8. Cumulative Mectct. This Agreement is cumulative with laws, ordinances, resolutions
or other agreements that relate to an officer's exercise of law enforcement authority
jurisdiction outside the jurisdictional area of the officer's agency with respect to the
parties to this Agreement. This Agreement is not intended to provide the sole basis
MOCUNIM 3 AND SETTiNGS\ICAREN_WELKV Y DOCUIvffiN (3000NiRAC7SIM(JnJALAIDACiltffi NTY005 2009 FINALDOCpap 11 of 30 1/1212005 1127 AM
upon which law enforcement authority maybe exercised outside the geographic area
of any parry to this Agreement.
9. Savings Clause. The parties agree that the provisions of this Agreement are
severable and should any of its provisions, clauses or portions thereof be deemed
invalid and of no force and effect, only that provision, clause or portion thereof shall
fail and the remainder ofthis Agreement shall be in full force and effect. Furthermore,
if the scope of this Agreement is too broad, then the parties intend for the Court to
enforce the Agreement to the extent that it determines is reasonable.
10. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the
respective heirs, personal representatives, successors or assigns of the parties hereto.
11. Annlicable Law. This Agreement shall be governed by the laws of the State of
Florida. Venue in any action to enforce or interpret this Agreement or any action
related to the employment relationship created hereunder shall lie exclusively in the
appropriate state court located in Brevard County, Florida
12. Waiver of Jury Trial. The parties agree that in connection with any claims arising
from this Agreement, or from the relationship between the parties created hereunder,
that the parties waive trial by jury.
13. Comflensation for Assistance. Unless specifically agreed to in writing by the
respective agencies, compensation to the assisting officer shall be paid by the agency
who employs the officer.
[THE FOLLOWING PAGES, PAGE 13 THROUGH 30, ARE THE SIGNATURE PAGES]
MDOCLUMM AND SEIMNGS1KAREN.WELK\MY DOCLA1ENI51CONTFLACTS\MI7NALAIDAGREEbMT2003_?A09 FIKAL.DOCpage 12 of 30 111212005 1127 AM
CITY OF CAPE CANAVERAL
, its
CADOCUMENTSAND SUMGSUCARFN.WBX,I"DOCUMENMCONMAC1S\MUIUALAWAGREE CNM5_2009FINAL.DOCpage28of3O 1/122005 11:27 AM
Meeting Type: Regular
Meeting Date: 02/01/05
AGENDA
Heading
Resolutions
Rem
5
No.
Exhibits Attached:
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: RESOLUTION NO. 2005-04, APPROVING THE FINAL RE -PLAT FOR OCEAN
GARDENS — WAVE FOUR, AS RECOMMENDED BY THE PLANNING & ZONING
BOARD.
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Resolution No. 2005-04, approving the final re -plat for Ocean
Gardens — Wave Four, as recommended by the Planning & Zoning Board.
Summary Explanation & Background:
See attached.
I recommend approval.
Exhibits Attached:
Re-plat/P&Z memo dated 01/14/05
City Manager's ice -^
Department
LEGISLATIVE
cape- y o nt�councillmee i -01-0512005-04.doc
RESOLUTION NO. 2005-04
A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA; APPROVING THE FINAL RE- PLAT OF "OCEAN
GARDENS — WAVE FOUR"; AUTHORIZING THE MAYOR AND THE CITY
CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, James E. Morgan, has complied with the platting procedures of the
City of Cape Canaveral, Florida.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida, as follows:
SECTION 1. The Final Re -Plat of Oceans Gardens — Wave Four, Section 14,
Township 24 South, Range 37 East, a Replat of Lot 49, Ocean Gardens Wave Four,
according to the plat thereof as recorded in Plat Book 48, Page 87 of the Public
Records of Brevard County, Florida is hereby approved.
plat.
SECTION 2. The Mayor and City Clerk are hereby authorized to execute said
SECTION 3. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th
day of January, 2005.
Rocky Randels, MAYOR
ATTEST: FOR AGAINST
:n• *
Susan Stills, CITY CLERK Steve Miller
Jim Morgan
Buzz Petsos
APPROVED AS TO FORM:
Rocky Randels
Anthony Garganese, CITY ATTORNEY
Y:\CityClk\Resolutions\PLATS\FINAL\2005\Ocean Gardens—Wave Four.doc
of Cape Canaveral
To: Bennett Boucher, City Manager
Susan Stills, City Clerk,
/ t
From: Bea McNeely, Chairperson, Planning & Zoning Board
t
Re: Recommendation to City Council Regarding Ocean Gardens - Wave Four
Final Replat
The Planning & Zoning Board recommended approval of the Ocean Gardens - Wave
Four Final Replat, at the meeting held on January 12, 2005, with the following condition:
• Amend the Dedication to include the City of Cape Canaveral prior to City Council
approval.
Please schedule this plat on an upcoming City Council meeting agenda.
I have enclosed five copies of the plat for the Council packets.
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
Meeting Type: Regular
Meeting Date 02-01-05
AGENDA
Heading
Ordinances -2"d Reading
Item
This item was discussed at a code review workshop and City Council asked the city attorney to evaluate the
No.
The city attorney sees this code section as being redundant and recommends its repeal.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 01-2005, REPEALING CHAPTER 40, ARTICLE II, HUMAN RIGHTS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider adoption of Ordinance No. 01-2005, repealing in its entirety Chapter 40, Article II, Human
Rights.
Summary Explanation & Background:
This item was discussed at a code review workshop and City Council asked the city attorney to evaluate the
necessity of this code section, based on current State and Federal laws.
The city attorney sees this code section as being redundant and recommends its repeal.
I recommend approval at second reading.
Exhibits Attached:
City attorney's memo dated 12-30-04; Ordinance No. 01-2005
City Manager'
Department LEGISLATIVE
cape-nt\xim\myaocuments\aamin\council\meeting\2005\02-01-05\01-2005.doc
BROWN, GARGANESE, WEISS & UAGRESTA, RA
Attorneys at Lazy
Usher L. Brown
Offices in Orlando, Kissimmee, Debra S. Babb-Nutchfr`
Jeffrey P. Buak°
Cocoa & Fiera Joseph E. 6litcii
Suzanne D'Agresta°
Victcma L. Cecil
Anthony A. Garganese°
Lisa M. F:et,her
John H. Ward'
Amy.: Goddard
Jeffrey S. Weiss
Katherine Lat=e
'Board Certified Civil Trial Lawyer
'Board Certified City, County & Local Govemment Law
December 30, 2004
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Chapter 40, Article 11, Human Rights
Dear Bennett:
Erin J O'.-eary
J. W. Taylor
Of Counsel
Some time ago, during a Code review workshop, the City Council directed that I
look into the necessity of having the City Human Rights Code as set forth in Chapter 40,
Article II, City Code. During the workshop, City Council questioned why the City would
need such an ordinance given the breadth of State and Federal law covering the carne.
subject matter and given the City's lack of specialized resources to enforce the same.
Based on my historical review of the City Council Minutes, it appears that this
Ordinance was adopted in October of 1993. For whatever reason, it appears that the
Council considered this Ordinance irr it -he ccltiext of strengLheniilg tirle City'6 ivluit
Entertainment Code. Other than that, I could not discern from the record the primary
reason for adopting a Cape Canaveral human rights law.
Some cities, like the City of Orlando, have adopted such laws. But, I would note that
those cities have expended significant resources in enforcing these kinds of ordinances
including retaining experienced investigators to research any claim cf discrimination in th
private and public sector. Although the aspiration of the City of Cape Canaveral Human
Rights Ordinance of eliminating discrimination in business, professional life and society in
general is laudable, its purpose and effect appear to be redundant with State and Fede; ai
law. As such, with respect to the City Council's previous inquiry, the Cnuncill nlay wish to
repeal Chapter 40, Article II, City Code, unless the City is willing to devote considerable
resources to enforcing this Code.
225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873��
Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Vier a (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
Bennett Boucher, City Manager
December 30, 2004
Page 2
Since the City Council seemed inclined to repeal this section, enclosed for your
consideration is an ordinance doing the same. Please advise at your earliest convenience
how you wish to proceed regarding this matter.
/Vetr y yours,
Anthony A. Garganese
- ity Attormay
AAG/Img
Enclosure
ORDINANCE NO. 01 -2005
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, REPEALING IN ITS
ENTIRETY CHAPTER 40, ARTICLE II, HUMAN RIGHTS;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE CODE, AND AN EFFECTIVE
DATE.
WHEREAS, the City Council finds that discrimination based on race, creed, color, national
origin, or sex is intolerable; and
WHEREAS, the City Council also finds that there are ample State and Federal regulations
prohibiting and penalizing such discriminatory practices; and
WHEREAS, the City Council further finds that it does not have the resources to police such
discriminatory practices in the private sector in the manner provided for in Chapter 40, Article II,
City Code; and
WHEREAS, the City Council hereby deems that this Ordinance is in the bests interests of
the public health, safety, and welfare of the citizens of Cape Canaveral; and
WHEREAS, the act of repealing Chapter 40, Article II, City Code should not be construed
in any manner whatsoever as promoting, condoning, or encouraging discriminatory practices on the
basis of race, creed, color, national origin, or sex.
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 40, Human Relations, Article 11 of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from the Ordinance of text existing in Chapter 40. It is intended that the text in Chapter 40 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance).
CHAPTER 40. HUMAN RELATIONS
City of Cape Canaveral
Ordinance No. -2005
Page 1 of 5
City of Cape Canaveral
Ordinance No. -2005
Page 2 of 5
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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 maybe changed
or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. -2005
Page 4 of 5
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of
January, 2005.
ATTEST:
ROCKY RANDELS, Mayor
For Against
Bob Hoog
Steve Miller
Jim Morgan
SUSAN STILLS, City Clerk Buzz Petzos
Rocky Randels
First Reading:
Legal Ad published:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. -2005
Page 5 of 5
View Legal Ad# 514783
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AD1514783-1122,2005
NOTICE OF PUBLIC HEARING
The City Council of the City of Cape Canaveral,
Florida will hold a Public Hearing for the
purpose of adopting Ordinance Nos. 01-2005
and 02-2005 in the City Hal Amu, 111 Pak
Avenue, Cape Canaveral. Florida at 7,00 P.M.,
on Tuesday. February 1. 2005. The ord m"m
may be inspected in their entirely in the City
Clark's office durig business hours (8:30 a.m
lo 5:00 P.m. Monday-Frllay).
ORDINANCE NO. 01 2005
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA,
REPEALING IN ITS ENTIRETY CHAPTER 40,
ARTICLE 11, HUMAN RIGHTS: PROVIDING
FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND
RESOLUTIONS, SEVERABILITY,
INCORPORATION INTO THE CODE AND AN
EFFECTIVE DATE.
ORDINANCE NO.02-2005
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAPE CANAVERAL, FLORIDA
IMPOSING A 80 -DAY MORATORIUM ON
ISSUING LAND CLEARING PERMITS IN THE
CITY OF CAPE CANAVERAL, FLORIDA;
INSTRUCTING THE PLANNING AND ZONING
BOARD TO REVIEW THE LAND CLEARING
PROVISIONS IN THE CITY CODE FOR
REVISION AND RECOMMENDATION TO THE
CITY COUNCIL; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; AND
PROVIDING FOR AN EFFECTIVE DATE.
Pursuant to Section 286.1015, Florida Statutes,
tho City hereby advises the public that N a
parson decides to appeal any decision mads by
the City Council with reaped to any nusAlar
considered at this mooting, that parson wfN
need a record of true proceedings, and for such
purpose that person might need to ensure that
a verbatim record of On proceedings is mads,
which record includes the iestirwny and
evidence upon which the appeal is to be based.
This notice doss not censtitula consent by the
City for the introduction or admission lrlo
evidence of otherwise inadmissible or irrelevant
evidence, nor doss it authorize chelenges or
appeals not otherwise allowad by law. Persons
with dbabilitles needing assistance to
participate in any of these procesdkgs should
contad the City Gents otftce (888-1221) 48
hours in advance of the mesftrg.
Susan Shits, CMC
City Clam
ADl: 514783
Publi�cal" m Florida Today
First Published: 01-22-2005
Page 1 of 1
http://www.flatDday.net/legals/display.htin?CMI)=DISPLAY&ld=15838 1/24/2005
Meeting Type: Regular
Meeting Date: 02/01/05
AGENDA
Heading
Ordinance — 2nd
Summary Explanation & Background:
Reading
Rem
7
No.
Ordinance No. 02-2005
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: ORDINANCE NO. 02-2005, IMPOSING A (60) DAY MORATORIUM ON ISSUING
LAND CLEARING PERMITS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council consider the adoption of Ordinance No. 02-2005, imposing a (60) day moratorium on
issuing land -clearing permits.
Summary Explanation & Background:
This ordinance was requested based on the discussion held at the 01/13/05 City Council Workshop
Meeting.
I recommend approval.
Exhibits Attached:
Ordinance No. 02-2005
City Man�ffice
Department
e_
LEGISLATIVE
ca \ doc encs in\council\meeting1200102-01-05\02-2005.doc
BROWN, GARGANESE, WEISS & UAGRESTA, P.A.
Attorneys at Lav
Usher L. BrownOffices in Orlando, Kissimmee, Debra S. Babb-Nutcher'
Jeffrey P. Buak° Cocoa & Viera Joseph E. Blitch
Suzanne D'Agresta° Victoria L. Cecil
Anthony A. Garganese° Lisa M. Fletcher
John H. Ward • Amy J. Goddard
Jeffrey S. Weiss Katherine Latorre
'Board Certified Civil Trial Lawyer
°Board Certified City, County & Local Government Law
January 24, 2005
Via Email Only
Bennett Boucher, City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Ordinance No. 02-2005
Dear Bennett:
Erin J. O'Leary
J. W. Taylor
Of Counsel
Enclosed is a revised moratorium ordinance for your review. Per the Council's
direction, I added a new section 2 which specifically exempts certain persons and entities
from the moratorium. Also, I added a new section 3 which creates a waiver provision in
order to encourage the persons and entities exempt from the moratorium to preserve trees
and implement extraordinary landscape plans.
If you have any questions, please call. Otherwise, please ensure that the ordinance
is advertised for second and final reading and placed on the City Council's February 1,
2005 Agenda.
0Ve ly yours,
ony A. Garganese
City Attorney
AAG/Img
Enclosure
225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873
Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566
Website: www.orlandolaw.net • Email: firm@orlandolaw.net
ORDINANCE NO. 02-2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA IMPOSING A 60 DAY
MORATORIUM ON ISSUING LAND CLEARING PERMITS
IN THE CITY OF CAPE CANAVERAL, FLORIDA;
INSTRUCTING THE PLANNING ZONING BOARD TO
REVIEW THE LAND CLEARING PROVISIONS IN THE
CITY CODE FOR REVISION AND RECOMMENDATION TO
THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the Florida Constitution, Article II, Section 7 provides that "It shall be the
policy of the State to conserve and protect its natural resources and scenic beauty;" and
WHEREAS, the City Council is dedicated to preserving and enhancing green areas within
the City, to assuring the preservation of existing trees on public and private property, and to taking
steps to require maintenance of existing and the installation of new trees in the City; and
WHEREAS, trees aid in energy conservation by cooling the atmosphere, reducing air
pollution by removing particles such as dust and pollen, increasing oxygen production, slowing
surface water run off, reducing soil erosion, providing food, nesting sites and protection for wildlife,
enhancing scenic beauty, and providing other environmental benefits; and
WHEREAS, Chapter 102, Article II of the City Code provides for the regulation of tree
protection, and specifically, for land clearing; and
WHEREAS, the Cityhas recently experienced an upsurge in land development pressure; and
WHEREAS, as a result of this pressure, the City has developed serious concerns regarding
aggressive land clearing within the City, including, but not limited to, the destruction of trees and
insufficient tree and landscape mitigation to replace destroyed trees; and
WHEREAS, the City Council and Planning and Zoning Board held a public workshop on
January 13, 2005, for the express purpose of addressing these concerns and for addressing possible
City of Cape Canaveral
Ordinance No. 02-2005
Page 1 of 4
revisions to the provisions of the City Code applicable to land clearing; and
WHEREAS, the City Council believes that imposing a moratorium on the issuance of land
clearing permits within the City will further the City's goal of protecting its natural resources while
allowing for a comprehensive review of the City Code's land clearing provisions; and
WHEREAS, the City Council has directed the Planning and Zoning Board to conduct a
comprehensive review of the land clearing provisions contained within the City Code and to
recommend revisions to the City Council upon completion of this review; and
WHEREAS, the United States Supreme Court has found that the issuance of temporary
moratoria in order to preserve the status quo while studying the impact that certain development
activities have on an area does not constitute a taking per se; See Tahoe -Sierra Preservation Council,
Inc. v. Tahoe Reg. Planning Agency, 535 U.S. 302 (2002); and
WHEREAS, it is in the best interests of the City of Cape Canaveral to institute a temporary
moratorium in order to study alternative methods of regulation and mitigation of land clearing within
the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Moratorium Established. That the above recitals are adopted as Findings of Fact
which clearly indicate that an emergency exists and thereby justify the imposition of a sixty (60) day
moratorium on issuing land clearing permits in the City of Cape Canaveral, in accordance with
Section 102-39(d) of the City Code, for any subdivision, multifamily, townhome, commercial or
industrial development project.
Section 2. Exemptions to Moratorium. Any person or entity who has attended a formal pre -
application meeting with City Staff within sixty (60) days prior to January 13, 2005, submitted a
formal development application to the City, or has been issued a development permit by the City
shall be exempt from the moratorium.
Section 3. Special Waiver Provision. During the moratorium period, and in furtherance of
the public purposes stated herein, any person or entity exempted from this moratorium may request
a waiver from any City land development or zoning code. The City may grant the waiver under the
following conditions:
a. The waiver maybe granted by the City's planning and zoning board or city council during
the site plan review process. Such waiver shall be at the board's or council's sole discretion on a
case -by case basis.
City of Cape Canaveral
Ordinance No. 02-2005
Page 2 of 4
b. The waiver must directly result in the preservation of a hardwood tree (e.g. oak) and/or
the implementation of an extraordinary landscape plan that goes well -beyond the requirements of
the City Code including, but not limited to, planting additional and larger plant materials and trees,
planting premium A -grade plants and trees, incorporating decorative hardscape features into the
landscape design (e.g. fountains, decorative fences and walls, trellesis, lighting, etc.), and planting
premium A -grade plant materials and trees on public property.
c. The waiver is compatible with the surrounding area and the minimum waiver required to
serve the public purpose stated herein.
d. No waiver shall be granted which changes the list of permitted, conditional, special
exception, or prohibited uses set forth in any zoning district category.
e. The waiver must be consistent with the City's Comprehensive Plan.
f. The waiver is not adverse to the public health, safety and welfare.
g. Any waiver granted under this section shall automatically expire and be declared null and
void if the underlying development order for the project expires.
Section 4. Action to be Taken. During the period of this moratorium, the City of Cape
Canaveral Planning and Zoning Board will review the current land clearing regulations contained
within Chapter 102 of the City Code, and other related provisions of the code, and will propose new
legislation to the City Council, which will address the City's concerns regarding the current land
clearing practices within the City, and which are designed to preserve and protect the health, safety
and welfare of the citizens of the City of Cape Canaveral.
Section 5. Expiration Date. This ordinance shall expire 60 days after its effective date. The
expiration date of this ordinance may be extended for thirty (30) days by majority vote of the City
Council at a duly held Council meeting.
Section 6. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 7. Not Incorporated Into Code/Posting. This ordinance shall not be incorporated into
the Cape Canaveral City Code. A copy of this ordinance shall be conspicuously posted at the front
desk at City Hall, and at other public places deemed appropriate by the City Manager.
Section 8. 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
City of Cape Canaveral
Ordinance No. 02-2005
Page 3 of 4
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 9. 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, in a regular meeting
assembled on the day of , 2005.
ROCKY RANDELS, Mayor
ATTEST:
For Against
Bob Hoog
Steve Miller
Jim Morgan
SUSAN STILLS, City Clerk Buzz Petzos
Rocky Randels
First Reading:
Second Reading:
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 02-2005
Page 4 of 4
Meeting Type: Regular
Meeting Date 02-01-05
AGENDA
Heading
Discussion
Item
g
No.
which has final site plan approval authority.
AGENDA REPORT
CITY COUNCIL OF THE CITY OF CAPE CANAVERAL
SUBJECT: DISCUSSION: REVIEW PROCESS FOR SITE PLANS
DEPT./DIVISION: LEGISLATIVE
Requested Action:
City Council Member Buzz Petsos has requested that City Council discuss the site plan review and approval process
to see if there is any interest in having City Council review and approve site plans.
Summary Explanation & Background:
This was briefly discussed at the City Council meeting on 12/07/04 with no follow-up action.
I have attached code sections from local cities and the Planning Board is only an advisory board to City Council,
which has final site plan approval authority.
Discussion only; please advise.
Exhibits Attached:
Buzz Petsos memo dated 11-30-04; code sections from other cities
City Manager's O
Department LEGISLATIVE
cape-nt\kim\mydocuments\admin\council\meeting\2005\02-01-05\siteplan.doc
Memorandum
To: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
CC: BENNETT C. BOUCHER, CITY MANAGER
From: BUZZ PETSOS, COUNCIL MEMBER
Date: 11/30/2004
Re: REVIEW PROCESS FOR SITE PLANS
I am requesting that the City Council discuss the review process for site plans.
Currently, the Planning & Zoning Board reviews and approves all plans. City
Council only reviews a plan during an appeal. I believe that council is responsible
to the citizens, and we should have the final review/approval of these site plans.
Citizens often complain of various new developments and council's response should
not be that it is the responsibility of the Planning & Zoning Board. I am certain that
in most cases there will be no issues that have not already been addressed by the
Planning & Zoning Board; however, we are the ones who should be held
accountable.
I look forward to a discussion and request that this item be placed on the December
7'' agenda.
BP/kmm
ARTICLE III. BOARDS, COMMITTEES, COMMISSIONS
Sec. 66-157. Powers and duties. � ' ' 7�7&2—oS p�11IL,/-1U
Page 1 of 1
The planning and zoning board shall act in an advisory capacity to the city council in all
matters relating to the comprehensive plan and this subpart B and shall serve as the local
planning agency pursuant to F.S. § 163.3174. Duties that may be assigned to the planning and
zoning board include but are not limited to the following:
(1) Conducting investigations on matters or proposals to change zoning
regulations and reporting the findings and recommendations to the city council;
(2) Reviewing applications and submitting recommendations to the city council
for proposed change of the permitted use of any specifically designated property,
applications for conditional uses, proposed amendments to the zoning chapter,
proposed subdivision plats, and proposed site plans;
(3) Reviewing, monitoring, and making recommendations on issues
concerning the comprehensive plan;
(4) Evaluating land development regulations;
(5) Evaluating rezoning requests and requests for amendments of the future
land use map of the comprehensive plan; and
(6) Updating the land use and zoning designations in the city and interpreting
boundary lines.
(Ord. No. 98-1, § 3(51-3(d)), 10-21-1997)
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SECTION 31.00. APPLICATION/FORMS*custom> Page 1 of 1
31.14.4. Approval process.
�2 c,-0 e,
(a) Except with respect to the developments and structures described in paragraph (b)
hereof, the building official shall approve, or approve subject to conditions, or reject such
plans. All development and/or site plans approved shall be binding upon the applicants,
their successors and assigns, and shall limit the development of all conditions and
limitations established in such plans. All unauthorized deviation from the approved site
plan shall be deemed a violation of these regulations. Changes from the approved site
plan shall be processed for approval in the same manner as the original approval. Any
existing use of land or building that fails to meet the requirements of these regulations
shall be considered to be nonconforming and shall be controlled by Section 60.05.
(b) With respect to the following described developments of land or erection of
structures no building permit or development order shall be issued by the city until after
the Rockledge Building Official has transmitted the required site plan and his
recommendations with respect thereto to the Rockledge Planning Commission for said
commission's study and recommendations to the city council with respect to the site
plan's compliance with the Rockledge Code of Ordinances, and said site plan has been
approved by the city council, to wit:
(1) The development of any tract, piece or parcel of land consisting of five (5)
or more acres of land in a commercial zoning district.
(2) The development of any tract, piece or parcel of land consisting of ten (10)
or more acres of land in an industrial zoning district.
(3) Any structure which when completed will have over fifty thousand (50,000)
square feet of floor space.
(4) Any multiple -family residential structure having twenty-five (25) or more
units.
Note: See the editor's note following § 31.14.1.
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ARTICLE 1. SITE PLAN Page 1 of 1
Section 5-05. Staff report; planning board review.
A. Planning board review. All staff reports will be compiled by development services
department, who will then issue a staff report to the planning board and the applicant.
The site plan, together with the staff report shall then be reviewed by the planning board
for consistency with the city's land development regulations and comprehensive plan.
The board shall not consider said plan unless its members all have had at least five (5)
days to review the plan.
B. Conclusions and recommendations. The board's conclusions, conditions and
recommendations shall be delivered promptly to the development services department
and the chief building official, and to the city commission when there is indication of a
deficiency in the land development regulations which may require legislative correction.
(Ord. No. 1349, § 2, 2-20-2003)
Section 5-06. City commission review; approval, disapproval, issuance of
building permit.
A. After review and recommendation by the planning board of the site development
plan, the development services department shall forward the application to the city
commission for review and recommendation. Such application shall be forwarded to the
commission at the next available submittal date for city commission scheduling, but in no
case shall the city commission review be scheduled more than forty-five (45) days from
the date of the planning board review. The application shall be placed on a city
commission site plan consent agenda. The procedure for city commission review shall:
shall:
Upon receipt of a site development plan for review, the city commission
a. Approve the site development plan; or
b. Approved the site development plan with conditions; or
C. Deny the site development plan following a finding of reasons for
denial; or
d. Return the application to the development services department, the
city manager's designee, and/or the planning board for further review,
information or recommendation.
2. Following city commission approval, approval with conditions, or denial, the
commission's action shall be delivered promptly to the development services
department and chief building official for issuance of a development order. Upon
receipt of the commission's action, the development services department and
chief building official shall continue the process as set forth in "City Commission
Review, Approval, Disapproval, Issuance of Building Permit".
3. The city commission's action shall be final and must be reflected in the
development order. Failure of the city commission to approve, approve with
conditions, or deny within ninety (90) days of the commission's first review of the
site development plan shall be considered acceptance of the planning board's
recommendation.
(Ord. No. 1349, § 2, 2-20-2003)
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ARTICLE II. ADMINISTRATION*
Sec. 30-84. Duties.
Page 1 of 1
S i1 i &- Good
(a) The planning and zoning advisory board shall have the following responsibilities:
(1) Act in an advisory capacity to the city council on questions relating to
zoning, conduct investigations on matters or proposals to change zoning
regulations, and report its findings and recommendations on such proposals to
the city council.
(2) Recommend to the city council such amendments to this chapter as the
planning and zoning advisory board may deem proper and expedient or
necessary to clarify or to carry into effect the purposes thereof.
(3) Hear applications and submit recommendations to the city council on the
following:
a. Proposed change of the permitted use on any specifically
designated property.
b. Applications for a conditional use.
c. Proposed amendments to the zoning code.
d. Proposed subdivision plats.
e. Proposed development of any property zoned as RM -2, RM -3, LIU
and ITU.
(4) Take those actions required by the land development regulation
commission, as that body is defined in F.S. § 163.3164(21), and exercise those
responsibilities vested in that commission by law.
(b) In connection with any recommendation by the planning and zoning advisory
board of the allowance of a conditional use or a change in zoning, the planning and
zoning advisory board shall include any conditions, requirements or limitations to be
attached to the conditional use which the planning and zoning advisory board may
believe to be necessary and desirable to protect adjacent properties and the surrounding
neighborhood, and to carry out the purposes and objectives of this chapter.
(Code 1976, § 6.3-14(d))
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ARTICLE II. ADMINISTRATION*
Page 1 of 1
l /
(d) Review process. The building official shall cause the preliminary development
plans to be reviewed by the various city departments and the city engineer to determine
the feasibility and suitability of the plans and their conformity with the official plans and
policies of the city and the requirements of this chapter. The building official shall submit
the landscaping and irrigation plans to the beautification board for its recommendations.
Upon completion of their review, all city staff, the city engineer and the beautification
board shall communicate their findings and recommendations to the building official.
Thereafter the building official shall submit all plans, comments and recommendations to
the planning and zoning advisory board at least seven days prior to any scheduled
meeting of the planning and zoning advisory board. After reviewing staff comments, the
city engineer's report, and the recommendations of the beautification board at a public
hearing for that purpose, the planning and zoning advisory board shall present its
recommendations to the city council.
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